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013-05 - Resolution - Donation of Real Property for Park PurposesRESOLUTION NO. 013-05 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE DONATION OF REAL PROPERTY FOR PARK PURPOSES AND APPROVING THE PROPERTY DONATION AGREEMENT WITH ROBERT T. ROSS AND BETTY M. GRAVES WHEREAS, on or about May 23, 2005, Robert T. Ross and Betty M. Graves executed a Property Donation Agreement expressing their desire to donate real property to the City of Port Orchard for park purposes (the "subject property"); and WHEREAS, the City has agreed to the terms of the Property Donation Agreement with Mr. Ross and Ms. Graves for the donation of the subject property for a park; and WHEREAS, the City has agreed that the use of the subject property shall be restricted forever and in perpetuity as a public park; and WHEREAS, a copy of the Property Donation Agreement is attached hereto as Exhibit A and incorporated by this reference; and WHEREAS, the City Council has reviewed the Agreement and finds that it is in the best interests of the City and its citizens to ratify the Agreement; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: the City Council hereby agrees to accept conveyance of the subject property on the terms and conditions as stated in the Property Donation Agreement attached hereto as Exhibit A and authorizes the Mayor to execute the Agreement on behalf of the City and to acquire the subject property in accordance with the Agreement. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 13t�' day of June 2005. t Ro ert Ge ger, may& Protem ATTEST: Z�wl�� Carol Elon, City CI PROPERTY DONATION AGREEMENT 1. Date and Parties. This Agreement, for reference purposes only, is dated the day of May, 2005, and is entered into by and between the CITY OF PORT ORCHARD, a municipal corporation, hereinafter referred to as "City" and ROBERT T. ROSS, a married man, as his separate property, and BETTY M. GRAVES, an unmarried woman, as her separate property, hereinafter referred to as "Property Owners." 2. SubiectProperty. The real property hereinafter referred to as the "Property" which is the subject of this Agreement is a tract of land located in the City of Port Orchard, Kitsap County, Washington, identified as Kitsap County Assessor's Parcel No. 40620020010002 and legally described in First American Title Insurance Company's Preliminary Commitment No. 4419-578622 dated May 5, 2005 ("Preliminary Commitment") which is attached hereto as Exhibit A and hereby made a part hereof. 3. Agreement to Donate Property. Property Owners desire to donate the Property to the City for use as a public park. Property Owners agree to convey and the City agrees to accept conveyance of the Property upon the following conditions: (a) The City accepts the donation of the Property in its present condition on the terms noted; (b) The City will pay all expenses in connection with this transaction; (c) The Property will not be developed into anything other than a park; (d) The City will provide and install at the Property a sign depicting the Property as "Ross Park"; and (e) The City will provide to Property Owners a letter acknowledging donation of the Property for Property Owners' federal income tax purposes. The City mares no representations as to federal or state tax consequences of the donation. N 4. Title. Title of Property Owners shall be free of all encumbrances or defects, except those noted in the Preliminary Commitment. Property rights reserved in federal patents or state deeds, building or use restrictions general to the district, and building or zoning regulations or provisions shall not be deemed encumbrances or defects. 5. Title Insurance. The City has obtained, at the City's expense, the Preliminary Commitment for standard coverage owner's title insurance policy. The title policy to be issued shall contain no exceptions other than those provided for in the specified title policy form, plus encumbrances or defects noted in Paragraph 4 above. if title is not so insurable by the closing date set forth in Paragraph 9 hereof, all rights of the City shall be terminated, except that the City may waive defects and elect to close. 6. Conveyance. Title shall be conveyed by Warranty Deed, free of encumbrances or defects except those noted in Paragraph 4. 7. Included Items. This transaction includes any improvements on the Property. 8. Possession. The City shall be entitled to possession upon recording of the conveyance document. 9. Closing Date and Closing Costs. The closing shall occur on or before June 30, 2005. The transaction shall be closed at the office of McGavick Graves, P.S., 1102 Broadway, Suite 500, Tacoma, Washington 98402. The City will pay all costs in connection with this transaction. 10. Environmental Contamination. Property Owners warrant that they have not caused or permitted the Property to be used as a site for generation, manufacture, refining, transportation, transfer, treatment, storage, handling, disposing or processing of hazardous substances, or other dangerous or toxic materials or solid waste except in compliance with applicable federal, state and local laws or regulations. Property Owners have not caused or permitted and have no knowledge of the release of any hazardous substance on any of the Property at any time. 11. Representation, Property Owners acknowledge that McGavick Graves, P.S. has not represented Property Owners in the preparation of this Agreement and cannot give Property Owners legal advice. Notwithstanding, Property Owners agree to have McGavick Graves, P.S. close this transaction. -2- 12. Facsimile. Transmission. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission, shall be the same as delivery of an original. At the request of either party, or the Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document. 13. Notice. All notices required by this Agreement shall be deemed delivered to the respective party on the date that it is personally delivered to the address set forth below, or two days after the document is mailed, certified mail, return receipt requested by U.S. Mail to the address set forth below. City: Mayer Abed, PE Director of Public Works City of Port Orchard 216 Prospect St Port Orchard, WA 98366 With a copy to: Gregory A. Jacoby, Esq, McGavick Graves, P.S. 1102 Broadway, Ste 500 Tacoma, WA 98402 Property Owners: Robert T. Ross Betty M. Graves 1314 Coral Dr Fircrest, WA 98466 With a copy to: Betty M. Graves E 50t' & 3r" Streets Union, WA 98592 14. Obligations to Survive Closing. It is mutually agreed by the parties hereto that any provision contained in this Agreement which shall by its nature or terms impose any obligations or duty upon any party hereto, or give any right or benefit to any party hereto, continuing beyond the date of conveyance of the Property, will not be canceled, but will instead survive such conveyance and will continue in full force and effect until all such obligations and duties are fully performed and all such rights and benefits are fully realized. 15. Council Approval '. This Agreement is subject to ratification by the City Council. This matter shall be submitted to the City Council for ratification within thirty (30) days after signature by all parties. Eta 16. Time is of the Essence. Time is of the essence as to each provision of this Agreement. This provision has been negotiated by the parties and is material and substantial consideration. 17. Entire Agreement, The parties have negotiated in good faith with regards to each and every term of this Agreement. This Agreement embodies all agreements, representations and warranties to which the parties have agreed to be bound. This Agreement shall be construed to accomplish the intent and purpose set forth herein, and shall be presumed to have been drafted by both parties hereto. There are no verbal or other agreements that modify or affect this Agreement unless specifically referenced herein. CITY: CITY OF PORT ORCHARD, a municipal corporation Attest: ��fd Carol tgen, CI rk Approved as to form: 6 F1_ Loren D. bs, Uy Attorney Pl207661066-051DOCSlDONATl ON-AGREEME NT,DOC PROPERTY OWNERS: T. oss r� Betty Gray f "141- tev J 10 Form No. 1068-2 [ 4 q ALTA Plain Language Commitment 3 , FirstAmerican 4zo Title Team Four (Kitsap) Fax No. (360) 692-9780 Ken Wilson (360) 692-9314 kwilson@I'jrstam.com To: McGadick Graves, Attorneys At Law 1102 Broadway, Suite 500 Tacoma, WA 98402-1317 Attu: Jeanette Re: Property Address: To be determined, , WA :ommitrnent No.: 4419-578622 Page I of 9 First American Title Insurance Company 3888 Randail Way NW, Silverdale, WA 98383 Silverdale, WA 98383 Phn - (360) 692-9314 (206) 624-3938 Fax - (360) 692-9780 COMMITMENT FOR TITLE INSURANCE File No.: 4419-578622 Your Ref No.: 20766 Issued by FIRST AMERICAN TIT U INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Commitment Rate shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Rate, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-I. The General Exceptions and Exceptions in Schedule B-II. The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. First American Title Form No. 1066-2 ALTA Ptain Language Commitment nitment No.: 4419-578622 Page 2 of 9 SCHEDULE A Commitment Date: May 05, 2005 at 7:30 A.M. 2. Policy or Policies to be issued: AMOUNT PREMIUM TAX General Schedule Rate Owner's Standard Coverage $ 6,430.00 $ 350.00 $ 30.10 Proposed Insured: City of Port Orchard 3. (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) Title to said estate or interest at the date hereof is vested in: Robert T. Ross and Betty M. Graves, as their separate estates The [and referred to in this Commitment is described as follows: Real property in the County of Kitsap, State of Washington, described as follows: PARCEL A: LOTS 1 THROUGH 25, INCLUSIVE, AND 28, BLOCK 2, PLAT OF WHEELER'S ADDITION TO SIDNEY AS FILED IN VOLUME 1, PAGE 61 OF PLATS, RECORDS OF KITSAP COUNTY, WASHINGTON. TOGETHER WITH A PORTION OF THE FIRST CLASS TIDELANDS FRONTING GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M., KITSAP COUNTY, WASHINGTON AS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NUMBER 376270 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M.; THENCE NORTH 1 DEG. 30' 06" EAST, ALONG THE WEST LINE OF SAID SECTION 317.17 FEET; THENCE LEAVING SAID WEST LINE RUN NORTH 88 DEG. 29' 54" EAST 791.38 FEET MORE OR LESS TO A POINT AT THE INTERSECTION OF A CURVE ON THE SOUTHERLY MARGIN OF STATE HIGHWAY 14 AND THE BALANCED GOVERNMENT MEANDER LINE OF SAID SECTION 25; THENCE SOUTH 14 DEG. 3746" WEST, ALONG SAID BALANCED GOVERNMENT MEANDER LINE, SAID LINE BEING THE MOST WESTERLY LINE OF THAT TRACT" OR PARCEL OF FIRST CLASS TIDELANDS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NUMBER 376270, A DISTANCE OF 149.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 14 DEG. 37' 46" WEST, ALONG SAID BALANCED GOVERNMENT MEANDER LINE, 90.75 FEET MORE OR LESS TO THE NORTHWESTERLY LINE OF BLOCK 2 OF SAID PLAT OF WHEELER`S ADDITION TO SIDNEY; THENCE NORTH 45 DEG. 33' 04" EAST, ALONG SAID NORTHWESTERLY LINE, 99.81 FEET MORE OR LESS THE SOUTHWESTERLY LINE OF THAT CERTAIN TRACT DESCRIBED IN STATUTORY WARRANTY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 9404220212, WHICH BEARS SOUTH 69 DEG. 39' 34" EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 69 DEG. 39' 34" WEST 51.58 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. BEARINGS ARE BASED UPON A BEARING OF NORTH 1 DEG. 30' 06" EAST BETWEEN THE WEST ONE -QUARTER CORNER AND THE MEANDER CORNER ON THE WEST LINE OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M. AND AS SHOWN ON EXHIBIT SHOWING THE ROSS- GRAVES OWNERSHIP DTD APRIL 11, 2005. �XrstAmencan Title Form No. 1668-2 ALTA Plain Language Commitment Commitment No.: 4419-S78622 Page 3 of 9 PARCEL B: THAT PORTION OF THE FIRST CLASS TIDELANDS FRONTING GOVERNMENT LOT 1, SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M., KITSAP COUNTY, WASHINGTON AS DESCRIBED IN DEED RECORDED UNDER AUDITOR'S FILE NUMBER 376270 MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 25, TOWNSHIP 24 NORTH, RANGE i EAST W.M.; THENCE NORTH 1 DEG. 30' 06" EAST, ALONG THE WEST LINE OF SAID SECTION 317.17 FEET; THENCE LEAVING SAID WEST LINE RUN NORTH 88 DEG. 29' 54" EAST 791.38 FEET MORE OR LESS TO A POINT AT THE INTERSECTION OF A CURVE ON THE SOUTHERLY MARGIN OF STATE HIGHWAY 14 AND THE BALANCED GOVERNMENT MEANDER LINE OF SAID SECTION 25, FROM WHICH THE RADIUS POINT BEARS SOUTH 35 DEG. 14' 57" WEST 468.22 FEET; THENCE SOUTHEASTERLY ALONG THE SAID SOUTHERLY MARGIN 80.00 FEET TO A POINT FROM WHICH THE RADIUS POINT BEARS SOUTH 45 DEG. 02' 19" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG THE SAID SOUTHERLY MARGIN OF STATE HIGHWAY 14, A DISTANCE OF 33.05 FEET MORE OR LESS TO HIGHWAY ENGINEERS STATION 4+80, FROM WHICH THE RADIUS POINT BEARS SOUTH 49 DEG. 04' 59" WEST; THENCE LEAVING SAID SOUTHERLY MARGIN RUN SOUTH 40 DEG. 05' 07" WEST 113.39 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL RECORDED UNDER AUDITOR'S FILE NUMBER 9404220212; THENCE NORTH 24 DEG. 27' 42" EAST, ALONG THE EASTERLY LINE OF SAID AUDITOR'S FILE NUMBER 9404220212, A DISTANCE OF 121.91 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING, BEARINGS ARE BASED UPON A BEARING OF NORTH 1 DEG. 30' 06" EAST BETWEEN THE WEST ONE -QUARTER CORNER AND THE MEANDER CORNER ON THE WEST LINE OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST W.M. AND AS SHOWN ON EXHIBIT SHOWING THE ROSS- GRAVES OWNERSHIP DTD APRIL 11, 2005. APN: 40620020010002 FirstArnerican 77de Form No. 106E-2 ALTA Piain Language Commitment C tment No.: 4419-578622 Page 4 of 9 SCHEDULE B SECTION I REQUIREMENTS The following requirements must be met: (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be sigped, delivered and recorded: (D) You must tell us in writing the name of anyone not referred to In this Commitment who will get an Interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following Information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SECTION II GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizing the issuance thereof; (C) Water rights, claims or title to water; whether or not the matters excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing In the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or mortgage(s) thereon covered by this Commitment. RistAmerdcan Tide Form No. 1W-2 ALTA Plain Language commitment Commitment No.: 4419-578622 Page 5 of 9 SCHEDULE B SECTION II EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or policies are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, if unpaid. As of the date herein, the excise tax rate for the City of Part Orchard is at 1.7811/o. Levy/Area Code: 0805 2. General 'saxes for the year 2005, The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 40620020010002 1st Half Amount Billed: $ 36.31 Amount Paid: $ 0.00 Amount Due: $ 36.31 Assessed Land Value: $ 6,430.00 Assessed Improvement Value: $ 0.00 2nd Half Amount Billed: $ 36.31 Amount Paid: $ 0.00 Amount Due: $ 36.31 Assessed Land Value: $ 6,430.00 Assessed Improvement Value: $ 0.00 3. Easement, including terms and provisions contained therein: Recording Information: 248924 For: Driveway Area Affects: lots 1 and 2 4. Any question as to the true location of the lateral boundaries of the Tidelands. 5. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, .bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state. (Affects all of the premises subject to such submergence) 6. Terms, provisions and reservations under the Submerged Land Act (43 U.S.C.A. Sections 1301 through 1311) and the rights of the United States of America to regulate commerce, navigation, flood control, fishing and production of power. 7. Any question that may arise due to the shifting and/or changing in the course of Blackjack Creek. First American Title Form No. 1066-2 nitment No.; 44419-578622 ALTA Plain Language commitment Page: 6 of 9 8. Reservations contained in Deed from the State of Washington recorded under recording no. 376270, reserving all olf,.gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same. 9. The terms and provisions contained in the document entitled "Ordinance No. 530" Recording. No.: 439316 10. Easement, ipduding terms and provisions contained therein: Recording Information: 633459 In Favor of: Town of Port Orchard, a municipal corporation For: a 12 inch culvert and water pipeline Affects: lot 10 11. Conditions, notes, easements, provisions contained and/or delineated on the face of the Survey recorded under Recording No. 8501070056 , in Kitsap, Washington. flrstAmerican Title Form No, 1068-2 ALTA Ptain Language Commitment Commitment No., 4419-578622 Page 7 of 9 INFORMATIONAL NOTES A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the documents) to be insured. LTS 1 TO 25, INCL. AND 28, BM 2, WHEELER`S ADDITION TO SIDNEY, V. 1, P. 61 APN: 40620020010002 D. The following deeds affecting the property herein described have been recorded within 24 months of the effective date of this commitment: none E. According to the application for title insurance, title is to vest in City of Port Orchard. Property Address: To be determined,, WA RrstAmerk3n ride Form No. 1068-2 ALTA Plain Language Commitment C ,fitment No.; 4419-578622 Page B of 9 CONDITIONS 1, DEFINITIONS (a)"Mortgage" means mortgage, deed of trust or other security instrument. (b)"Public Records" means title records that give constructive notice of matters affecting the title according to the state law where the land is located. 2. LATER DEFECTS The Exceptions in Schedule B - Section II may be amended to show any defects, liens or encumbrances that appear for the first time in the public records or are created or attached between the Commitment Date and the date on which all of the Requirements (a) and (c) of Schedule B - Section Fare met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, liens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Commitment when you acted in good faith to: comply with the Requirements shown in Schedule B - Section I or eliminate with our written consent any Exceptions shown in Schedule B - Section II. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. S. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this commitment and is subject to its terms. FrrstAmerlcan Title Form No. 1068-2 ALTA Plain Language Commltment Commitment No.: 4419-578622 Page 9 of 9 + Y ar First' A,rnrtn PRIVACY POLICY We Are Committed to Weguarding Customer Information MrstAmerfcan TWO Insurance Company 3888 Randall Way NW, Silverdale, WA 98383 Silverdale, WA 98383 Phn -(360) 692-9314 (206) 624-3936 Fax - (360) 692-9780 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we wiH utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fdlrinforma ion Values, a copy of which can be found on our website at www,firstam.com. Types of information: Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; • Information about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisa I companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security. We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information wi 11 be handled responsibly and in accordance with this Privacy Policy and First American's Fairinformaiion Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 0 2001 The First American Corporation • All Rights Reserved FirstAmeacan Title