Loading...
HomeMy WebLinkAboutDevelopment Application CITY OF OAK PARK HEIGHTS r DEVELOPMENT APPLICATION j J 14168 Oak Park Boulevard '\ ?`1191(d-c� F.O. Box 2007 Base Fee: $400.00 ; rJ Oak Park Heights, MN 55082 Escrow Amount: $1,000.00 7 (651) 439-4439 Fax: (651)439-0574 Street Location of Property 5710 Memorial Avenue North Legal Description of Property Lots 8,9 and 10, Block 2 Kern Center 2nd Addition,Washington County, MN Owner: Name Secure Mini Storage, LP Attn: Dan Matula Address: 701 Western Avenue W - .} City: GlendaleState CA Zip: 91201 .D3(0.0:2— 972-591-2669 x40210I Telephone: (Home) _.. T_._ _..__(Business).. i . (1-ax) (Other) Applicant: Name_ Galloway&Company Attn: Jeff Weeder UP Address 6162 S.Willow Drive, Ste 320 Greenwood Village U City g State: CO 80111 Telephone (Home) (Business) 303-770-8884 0"`'1, C (Fax) 303-770-3636 (Other) Type of Request(s) Zoning District Amendment Home Occupation X Conditional Use Permit Site Plan Review ---- Variance: Single Family Residential PUD Amendment ____Variance Other Residential/Commercial/Industrial ____ PUD: Concept Plan SubdivisionPUD: General Plan __ Subdivision: Minor _—.Street Vacation , _T Comprehensive Plan Amendment ____City Financial Assistance Description of Request(s): Secure Mini Storage requests approval of a conditional use permit for a proposed re- development of the existing Public Storage Facility at the address above. If a request for planning/zoning action on the subject site or any part thereof has been previously approved, please describe it below: There is an existing CUP approved/governing this existing operating facility. w ___Owner/Applicant Initials 11, pk.Abo,-,ii-arL,:ct, icc,i p, �� i RECEIVED APR 1 0 2018 RECEIVED '��. a-)TVY-ti - ��/10 a +r-w-k. CLL;- "". 1 0 2018 ■ . . Development Application,Page 2 General Conditions Application Review The undersigned acknowledges that before this request can be considered and/or approved,all required information and fees,including,any deposits,must be paid to the City. An incomplete application will be returned to the applicant. The application approval process commences arid an application is considered complete when at required information and fees are submitted appropriately to the City. Professional Fee Responsibility It is the understanding of the undersigned that all City incurred professional fees and expenses associated with the processing of this request(s)will be promptly paid upon receipt. If payment is not received from the applicant,the property owner acknowledges and agrees to be responsible for the unpaid fee balance either by direct payment or a special assessment against the property. Applicants will be billed on a monthly basis for Planning,Engineering,Legal and Community Development fees as they are accrued. It is understood that interest will be charged on the account at the maximum rate allowed by the Fair Credit Act if it becomes thirty(30)days past due Failure to pay administrative and processing fees in a timely manner may result in denial of the application. All fees must be paid at the time of application and shall be paid prior to the issuance of a building permit. The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent utility billings and may be assessed against the subject real property if unpaid by October 3151 of each year. Property Address 5710 Memorial Avenue North - 37/1/.1 Date: Owne ignature ---_--- ---- — -Date:__ i9/8 Ap cant Signature RECEIVED APR 1 0 2018 OAK PARK HEIGHTS, CITY OF P.O. BOX 2007 OAK PARK HEIGHTS MN 55082 Vendor: 390632 OAK PARK HEIGHTS, CITY OF Check No: 1970633 Check Date: 2/28/2018 Stub 1 of 1 Invoice Number Date Description _ Gross Business Unit Amount 02262018 - OAK PARK 2/26/2018 Fees — Other —Non—Refu 1 ,400.00 MN 17134 1 ,400.00 8 N 6 d S N 4 n Totals: 1,400.00 1 ,400.00 J 8 ORIGINAL CHECK HAS A COLORED BACKGROUND,IS PRINTED ON CHEMICAL REACTIVE PAPER AND HAS A MICRO PRINT BORDER 8 PSI, Inc. WELLS FARGO BANK, N.A. Clearing Company CHAPEL HILL, NC FOR INQUIRIES CALL: 1-800-289-3557 01970633 Dept. AP OPTION 1, OPTION 2 Date P.O. Box 25025 CONTROL NO. Glendale, CA 91201 -5025 2/28/2018 66-156 531 , \\`\ `,\, ;ti, , 1\\\ \\''''k\ PAYONE THOUSAND FOUR HUNDRED AND 00/100************** ********************************** $*****1 ,400.00 a \` VOID AFTER 90 DAYS -:c - - , TO .mss # THE OAK PARK HEIGHTS, CITY OF --- a RDER P.O. BOX X 2007 - OF OAK PARK HEIGHTS MN 55082 Authorized Signatures PUBLIC STORAGE, INC. ' SIGNATURE AREA AND CHECK BORDER CONTAIN MICROPRINTING ,f 1"' 019706330 x: 053101561 ': 1, 759033 15 211' Washington County Washington County Department of Property Records and Taxpayer Services 14949 62nd Street North RECEIVED APR 10 2018 Stillwater,MN 55082 Information& Pay Your Washington County Parcel Information Links Property Tax PROPERTY TAX by Credit Parcel Number Status Last Update Card or REFUND 06.029.20.21.0004 Active 3/9/2018 INFORMATION eCheck 9:53:38 AM WITH STATE - - DEPARTMENT No Current Owner: Property OF REVENUE payment SECURE MINI STORAGE LMTD PAR& Address: due for this DEPT PT MN 25560 5710 MEMORIAL GIS MAP AND account. PO BOX 25025 AVE N VALUE GLENDALE,CA 91221 STILLWATER MN INFORMATION 55082 IS YOUR Cart,$0.00 Taxing District PROPERTY OR 6104 OAK PARK HTS-834-BCWS TORRENS? fax Description Online TAX PAYMENT I Payment Fees SubdivisionName KERN CENTER 2ND ADD Lot 8 Block 2 OPTIONS Convenience SubdivisionCd 78201 Fees are -� - 'O♦!"Corning charged for • Select a Tax Year for Payment History and Tax Detail information. Soon" online property • 2018 TAX tax payments. Tax Bill Totals STATEMENT • 47PROPOSED eCheck fee Is Tax Year Net Tax Total Paid Penalty/Fees Interest Amount 2018 TAX $0.75 per Due NOTICE transaction. 2017 $96,344.00 $96,344.00 $0.00 $0.00$0.00 ,�2017 TAX Be e ure to use 9 digit bank 98,300.00 $98,300.00 STATEMENT routing number 2016 $ $0.00 $0.00$0.00 .7 2016 TAX from your STATEMENT checking 2015 $100,622.00$100,622.00 $0.00 $0.00$0.00 ',2015 TAX account,not STATEMENT the internal bank number 2014 $107,384.00$107,384.00 $0.00 $0.00$0.00 BACK OF TAX . from a savings STATEMENT or deposit $102,458.00$102,458.00 $0.00 $0.00$0.00 WITH LATE slip. Pay 2013 PAYMENT multiple parcels ' PENALTY in one 2012 $85,634.00 $85,634.00 $0.00 $0.00$0.00 SCHEDULE transaction with the payment 78,484.00 $78,484.00 ..Comingcart. 2011 ; $0.00 $0.00$0.00 '{ Soon" Credit Card 2018 2010 $74,430.00 $74,430.00 $0.00 $0.00$0.00 fee is 2.39% VALUATION of amount NOTICE : pa .Discover, 2009 $69,464.00 $69,464.00 $0.00 $0.00$0.00 BACK OF MasterCard and VALUATION Visa are $68,030.00 $68,030.00 $0.00 $0.00$0.00 NOTICE WITH accepted. 2008 APPEAL American INFORMATION Express is no 2007 $69,372.00 $69,372.00 $0.00 $0.00$0.00 longer accepted. 2006 $65,662.00 $65,662.00 $0.00 $0.00$0.00 Fees are paid directly to a 2005 $67,528.00 $67,528.00 $0.00 $0.00$0.00 payment services $65,748.00 $65,748.00 $0.00 $0.00$0.00 Provider to 2004 cover the costs of the online 2003 $68,204.00 $68,204.00 $0.00 $0.00$0.00 payment services and Tay qpm charges from Washington Department of PROPOSED TAXES 2018 �...`� Property Records L oun� and Taxpayer Services THIS IS NOT A BILL - DO NOT PAY Y 14949 62nd Street North- PO Box 6 VALUES AND CLASSIFICATION Stillwater. 5507 -0006 (6543 i)430-61755 }T Taxes Payable Year 2017 2018 (65 www.co.washington.mn.us Estimated Market Value 2,704,500 2,785,700 Homestead Exclusion Step Other Exclusion/Deferral TAXPAYER(S): Taxable Market Value 2,704,500 2,785,700 SECURE MINI STORAGE LMTD PAR l DEPT PT MN 25560 Class Comm/Ind Comm/Ind Res Non-Hstd Res Non-Hstd PO BOX 25025 GLENDALE CA 91221-5025 1111111I1II1IIIIIi111111111111i.IIIIIu.PIIIIi111111.11ii.IIIii PROPOSED TAX Property Taxes before credits $95,934.00 Step PROPERTY INFORMATION: School building bond credit $0.00 2 Agricultural market value credit $0.00 PIN: 06.029.20.21.0004 Property Address: Other credit $0.00 5710 MEMORIAL AVE N Property Taxes after credits $95,934.00 STILLWATER MN 55082 Property Description: Step PROPERTY TAX STATEMENT KERN CENTER 2ND ADD Lot 8 Block 2 3 Coming in March, 2018 The time to provide feedback on PROPOSED LEVIES is NOW It is too late to appeal your value without going to Tax Court Proposed Property Taxes and Meetings by Jurisdiction for Your Property Contact Information Meeting Information Actual 2017 Proposed 2018 % Chg State General Tax No Public Meeting $23,905.90 $23,535.00 WASHINGTON COUNTY DECEMBER 5, 2017 6:00 PM $11,221.34 $11,585.99 14949 62ND ST N PO BOX 6 COUNTY BOARDROOM STILLWATER MN 55082 GOVERNMENT CENTER 651-430-6175 www.co.washington.mn.us CITY OF OAK PARK HEIGHTS DECEMBER 12, 2017 6:00 PM $20,340.46 $20,671.38 PO BOX 2007 CITY HALL OAK PARK HEIGHTS MN 55082 14168 OAK PARK BLVD N 651-439-4439 www.cityofoakparkheights.com ISD 834 STILLWATER DECEMBER 14, 2017 6:00 PM Voter approved levies $4,583.26 $4,667.37 1875 GREELEY ST S STILLWATER CITY HALL Other Local Levies $8,079.17 $8,247.56 STILLWATER MN 55082 216 4TH ST N 651-351-8321 www.stillwaterschools.org Metro Special Taxing Districts DECEMBER 13, 2017 6:00 PM $951.88 $941.35 390 ROBERT ST N METROPOLITAN COUNCIL CHAMBERS SAINT PAUL MN 55101 390 ROBERT ST N 651-602-1738 www.metrocouncil.org Other Special Taxing Districts No Public Meeting $2,445.39 $2,462.20 Tax Increment Tax No Public Meeting $0.00 $0.00 Fiscal Disparity Tax No Public Meeting $24,813.60 $23,823.15 TOTAL Excluding Special Assessments $ 96,341.00 $ 95,934.00 -0.4% Form No.1068-2 Commitment No.: NCS-865695-LA2 Page Number: 1 AMER', NS First American Title Insurance Company National Commercial Services 777 South Figueroa Street Suite 400 Los Angeles,CA 90017 October 16,2017 RECEIVED APR 1 0 2018 Irma Pimentel Public Storage 701 Western Avenue Glendale,CA 91201 Phone:(818)244-8080x1525 Fax:(818)543-7341 Customer Reference: PS#25560/Stillwater/Memorial Avenue North Title Officer: Adam Schlesinger Phone: (213)271-1708 Email: aschlesinger@firstam.com Order Number: NCS-865695-LA2 Property: 5710 Memorial Avenue North,Stillwater,MN Attached please find the following item(s): Commitment Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: CUstorn er First! First American Title Insurance Company • Form No. 1068-2 Commitment No.: NCS-865695-LA2 Page Number: 2 First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. This information is not part of the title insurance commitment. TABLE OF CONTENTS Page Agreement to Issue Policy 3 Schedule A 1. Commitment Date 4 2. Policies to be Issued, Amounts and Proposed Insured 4 3. Interest in the Land and Owner 4 4. Description of the Land 4 Schedule B-1 - Requirements Schedule B-2 - Exceptions Conditions YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. Form No. 1068-2 Commitment No.: NCS-865695-LA2 Page Number: 3 COMMITMENT FOR TITLE INSURANCE Issued by First 1 rn erican Title Insurance Corn pan y 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 Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, 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-1. The Exceptions in Schedule B-2. The Conditions. This Commitment is not valid without Schedule A and Sections 1 and 2 of Schedule B. Form No. 1068-2 Commitment No.: NCS-865695-LA2 Page Number: 4 Revision Information: SCHEDULE A 1. Commitment Date: September 27, 2017 at 7:30 A.M. 2. Policy or Policies to be issued: Amount (A) ALTA Owner's Policy $ Proposed Insured: Informational Commitment (B) ALTA Loan Policy $ Proposed Insured: Informational Commitment 3. (A) The estate or interest in the land described in this Commitment is: Fee Simple (B) Title to said estate or interest at the date hereof is vested in: Secure Mini Storage Limited Partnership, a Minnesota limited partnership 4. The land referred to in this Commitment is situated in the City of Stillwater, County of Washington, State of Minnesota, and is described as follows: Lots Eight(8), Nine (9), and Ten (10), Block Two (2), Kern Center 2nd Addition, Washington County, Minnesota. (Abstract property) Form No. 1068-2 Commitment No.: NCS-865695-LA2 Page Number: 5 SCHEDULE B SECTION ONE REQUIREMENTS The following requirements must be met: 1. This commitment has been prepared for information purposes only and does not reflect requirements which must be satisfied for the issuance of an owner's policy pursuant to this commitment. • Form No. 1068-2 Commitment No.: NCS-865695-LA2 Page Number: 6 SCHEDULE B SECTION TWO EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. 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 for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, or any other fact which a correct survey would disclose, and which are not shown by public records. 3. 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. 4. Easements, claims of easement or encumbrances which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown in the public records. 6. 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. 7. Real estate taxes payable in the year 2017 in the amount of$96,344.00 total; first half paid, second half paid. Base tax: $96,341.00. Tax Parcel No. 06.029.20.21.0004 Real estate taxes payable in the year 2017 in the amount of$17,946.00 total; first half paid, second half paid. Base tax: $17,946.00. Tax Parcel No. 06.029.20.21.0005 Real estate taxes payable in the year 2017 in the amount of$18,202.00 total; first half paid, second half paid. Base tax: $18,202.00. Tax Parcel No. 06.029.20.21.0006 8. Levied and pending special assessments, if any. 9. Rights of tenants under unrecorded leases. • • Form No.1068-2 Commitment No.: NCS-865695-1 A2 Page Number: 7 10. Easement for the transmission of electrical energy purposes, together with any incidental rights, in favor of Northern States Power Company, a Minnesota corporation, as contained in the Easement dated August 14, 1916, recorded December 27, 1916, in Book 82 of Deeds, Page 126. 11. Easement for electrical transmission lines purposes, together With any incidental rights, in favor of Northern States Power Company, a Minnesota corporation, as contained in the Easement dated March 30, 1967, recorded March 31, 1967, in Book 297 of Deeds,_Page 288. 12. Easements for drainage and utility purposes as shown on the recorded plat of Kern Center 2nd Addition, recorded December 13, 1994, as Document No. 825978. 13. Declaration of Covenants, Conditions and Restrictions dated October 21, 1994, recorded December 13, 1994, as Document No. 825979. 14. Development Agreement dated December 9, 1996, recorded March 10, 1997, as Document No. 924427. 15. Amended and Restated Mortgage and Security Agreement dated September 24, 1998, recorded September 29, 1998, as Document No. 3004662, executed by Secure Mini Storage Limited Partnership, a Minnesota limited partnership and New Storage, LLC, a Minnesota limited liability company, collectively referred to as Mortgagor, to Reliastar Life Insurance Company of New york, a New York corporation, Security-Connecticut Life Insurance Company, a Connecticut corporation, Reliastar Life Insurance Company, a Minnesota corporation, Northern Life Insurance Company, a Washington corporation, collectively referred to as Mortgagee, in the amount of $22,800,000.00. Amended and restated by Amended and Restated Mortgage, Security Agreement, Financing Statement and Fixture Filing dated April 21, 2003, recorded May 20, 2003, as Document No. 3338019, executed by Secure Mini Storage Limited Partnership, a Minnesota limited partnership, to Reliastar Life Insurance Company, a Minnesota corporation, Security- Connecticut Life Insurance Company, a Minnesota corporation, and Reliastar Life Insurance Company of New York, a New York corporation, in the amount of$43,000,000.00. Modified by First Modification of Amended and Restated Mortgage, Security Agreement, Financing Statement and Fixture Filing, Amended and Restated Assignment of Leases and Rents and Other Loan Documents dated October 12, 2004, recorded December 3, 2004, as Document No. 3482877. 16. Amended and Restated Assignment of Rents and Leases dated September 24, 1998, recorded September 29, 1998, as Document No. 3004663, executed by Secure Mini Storage Limited Partnership, a Minnesota limited partnership and New Storage, LLC, a Minnesota limited liability company, collectively referred to as Assignor, to Reliastar Life Insurance Company of New york, a New York corporation, Security-Connecticut Life Insurance Company, a Connecticut corporation, Reliastar Life Insurance Company, a Minnesota corporation, Northern Life Insurance Company, a Washington corporation, collectively referred to as Assignee. Amended and Restated by Amended and Restated Assignment of Rents and Leases dated April 21, 2003, recorded May 20, 2003, as Document No. 3338020, executed by Secure Mini Storage Limited Partnership, a Minnesota limited partnership, to Reliastar Life Insurance Company, a Minnesota corporation, Reliastar Life Insurance Company of New York, a New York corporation, and Security- Connecticut Life Insurance Company, a Minnesota corporation. Modified by First Modification of Amended and Restated Mortgage, Security Agreement, Financing Statement and Fixture Filing,Amended and Restated Assignment of Leases and Rents and Other Loan Documents dated October 12, 2004, recorded December 3, 2004, as Document No. 3482877. Form No. 1068-2 Commitment No.: NCS-865695-LA2 Page Number: 8 17. City of Oak Park Heights Conditional Use Permit for Secure Mini Storage dated October 14, 1999, recorded November 1, 1999, as Document No. 3077106. 18. Mortgage and Security Agreement dated October 29, 1999, recorded November 10, 1999, as Document No. 3078750, executed by Secure Mini Storage Limited Partnership, a Minnesota limited partnership, to Reliastar Life Insurance Company of New York, a New York corporation, in the amount of$1,530,000.00. 19. Assignment of Rents and Leases dated October 29, 1999, recorded November 10, 1999, as Document No. 3078.751, executed by Secure Mini Storage Limited Partnership, a Minnesota limited partnership, to Reliastar Life Insurance Company of New York, a New York corporation. 20. Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Financing Statement dated October 15, 1999, recorded November 10, 1999, as Document No. 3078752, executed by Secure Mini Storage Limited Partnership, a Minnesota limited partnership, to U.S. Bank National Association, a national banking association, in the amount of$2,000,000.00. Restated by Consolidated and Restated Mortgage, Security Agreement,Assignment of Leases and Rents and Fixture Financing Statement dated December 7, 2001, recorded December 31, 2001, as Document No. 3206329, executed by Secure Mini Storage Limited Partnership, a Minnesota limited partnership, to U.S. Bank National Association, a national banking association, in the amount of$12,000,000.00. 21. Subordination Agreement dated October 29, 1999, recorded November 10, 1999, as Document No. 3078753, by and between Reliastar Life Insurance Company of New york, a New York corporation, Security-Connecticut Life Insurance Company, a Connecticut corporation, Reliastar Life Insurance Company, a Minnesota corporation, Northern Life Insurance Company, a Washington corporation, and U.S. Bank National Association, a national banking association. 22. Subordination Agreement dated October 29, 1999, recorded November 10, 1999, as Document No. 3078754, by and between Reliastar Life Insurance Company of New York, a New York corporation and U.S. Bank National Association, a national banking association. 23. Subordination Agreement dated April 21, 2003, recorded May 20, 2003, as Document No. 3338021, by and between Reliastar Life Insurance Company of New York, a New York corporation, Security- Connecticut Life Insurance Company, a Minnesota corporation, Reliastar Life Insurance Company, a Minnesota corporation, and U.S. Bank National Association, a national banking association. 24. UCC Financing Statement recorded May 20, 2003, as Document No. 33380.22, between Secure Mini Storage Limited Partnership, a Minnesota limited partnership, debtor, and Reliastar Life Insurance Company, Reliastar Life Insurance Company of New York, and Security - Connecticut Life Insurance Company, secured party. Continued by UCC Financing Statement Amendment recorded November 28, 2007, as Document No. 3671479. Further continued by UCC Financing Statement Amendment recorded March 11, 2013, as Document No. 3935631. Form No. 1068-2 Commitment No.: NCS-865695-LA2 Page Number: 9 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 Two 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 One are 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 One or eliminate with our written consent any Exceptions shown in Schedule B - Section Two. 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. 5. 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. Form No.1068-2 Commitment No.: NCS-865695-LA2 Page Number: 10 Privacy Policy We Are Committed to Safeguarding Customer Information 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 will 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 Fair Information vanes, 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 appraisal 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 will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.