The URL can be used to link to this page

Home My WebLink About04-24-2023 - Agenda Packet MEDINA CITY COUNCIL Monday, April 24, 2023 5:00 PM – REGULAR MEETING AGENDA VISION STATEMENT Medina is a family-friendly, diverse and inclusive community on the shores of Lake Washington. With parks and open spaces, Medina is a quiet and safe small city, with active and highly-engaged residents. Medina honors its heritage while preserving its natural environment and resources for current and future generations. MISSION STATEMENT Ensure efficient delivery of quality public services, act as responsible stewards of Medina's financial and natural resources, celebrate diversity, leverage local talent, and promote the safety, health, and quality of life of those who live, work, and play in Medina. 1 MEDINA, WASHINGTON MEDINA CITY COUNCIL REGULAR MEETING Hybrid - Virtual/In-Person Monday, April 24, 2023 – 5:00 PM AGENDA MAYOR | Jessica Rossman DEPUTY MAYOR | Randy Reeves COUNCIL MEMBERS | Cynthia F. Adkins, Jennifer Garone, Harini Gokul, Mac Johnston, Bob Zook CITY MANAGER | Stephen R. Burns CITY ATTORNEY | Scott Missall CITY CLERK | Aimee Kellerman Virtual Meeting Participation The Medina City Council has moved to hybrid meetings, offering both in-person and online meeting participation. In accordance with the direction from Governor Inslee, masking and social distancing will be optional for those participating in person. Individuals who are participating online and wish to speak live must register their request with the City Clerk at 425.233.6411 or email akellerman@medina-wa.gov and leave a message before 2PM on the day of the April 24 Council meeting. Please reference Public Comments for April 24 Council Meeting on your correspondence. The City Clerk will call on you by name or telephone number when it is your turn to speak. You will be allotted 3 minutes for your comment and will be asked to stop when you reach the 3 minute limit. The city will also accept written comments. Any written comments must be submitted by 2 PM on the day of the April 24 Council meeting to the City Clerk at akellerman@medina-wa.gov. Join Zoom Meeting Meeting ID: 832 5227 3105 Passcode: 589036 One tap mobile +12532158782,,83252273105# US (Tacoma) 1. REGULAR MEETING - CALL TO ORDER / ROLL CALL Council Members Adkins, Garone, Gokul, Johnston, Reeves, Rossman and Zook 2. APPROVAL OF MEETING AGENDA 3. PUBLIC COMMENT PERIOD Individuals wishing to speak live during the Virtual City Council meeting will need to register their request with the City Clerk at 425.233.6411 or email akellerman@medina- wa.gov and leave a message before 2PM on the day of the April 24 Council meeting. 2 Please reference Public Comments for April 24 Council Meeting on your correspondence. The City Clerk will call on you by name or telephone number when it is your turn to speak. You will be allotted 3 minutes for your comment and will be asked to stop when you reach the 3 minute limit. 4. CITY MANAGER'S REPORT None. 5. PRESENTATIONS None. 6. CONSENT AGENDA None. 7. LEGISLATIVE HEARING None. 8. PUBLIC HEARING None. 9. CITY BUSINESS 9.1 Undergrounding Utilities Recommendation: Discussion and direction. Staff Contact: Ryan Osada, Director of Public Works Time Estimate: 60 minutes 9.2 Funding Stormwater Replacement Options Recommendation: Discussion and direction. Staff Contact: Ryan Wagner, Director of Finance and HR Time Estimate: 45 minutes 9.3 Resolution Setting Legislative Hearing – OGCC Street Vacation Recommendation: Adopt Resolution No. 432 Staff Contacts: Scott Missall, City Attorney and Stephanie Keyser, AICP, Planning Manager Time Estimate: 30 minutes 10. REQUESTS FOR FUTURE AGENDA ITEMS AND COUNCIL ROUND TABLE 11. PUBLIC COMMENT Comment period is limited to 10 minutes. Speaker comments limited to one minute per person. 3 12. ADJOURNMENT Next regular City Council Meeting: May 8, 2023 at 5 PM. 4 ADDITIONAL INFORMATION Public documents related to items on the open session portion of this agenda, which are distributed to the City Council less than 72 hours prior to the meeting, shall be available for public inspection at the time the documents are distributed to the Council. Documents are available for inspection at the City Clerk's office located in Medina City Hall. The agenda items are accessible on the City’s website at www.medina-wa.gov on Thursdays or Fridays prior to the Regular City Council Meeting. In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to the meeting. UPCOMING MEETINGS AND EVENTS Monday, April 24, 2023 - City Council Meeting (5:00 PM) Wednesday, April 26, 2023 – Open House T-Mobile (6:00 PM to 8:00 PM) Friday, April 28, 2023 - Arbor Day Event (10:00 AM) Monday, May 8, 2023 - City Council Meeting (5:00 PM) Thursday, May, 11, 2023 – Open House Gas Powered Leaf Blowers (5:00 PM to 6:30PM) Monday, May 15, 2023 - Park Board Meeting (5:00 PM) Tuesday, May 2, 2023 - Planning Commission Special Meeting (6:00 PM) Monday, May 22, 2023 - City Council Meeting (5:00 PM) Tuesday, May 23, 2023 - Planning Commission Regular Meeting (6:00 PM) Monday, May 29, 2023 - Memorial Day – City Hall Closed Monday, June 12, 2023 - City Council Meeting (5:00 PM) Monday, June 26, 2023 - City Council Meeting (5:00 PM) Tuesday, June 27, 2023 - Planning Commission Regular Meeting (6:00 PM) Tuesday, July 4, 2023 - Independence Day - City Hall Closed Monday, July 10, 2023 - City Council Meeting (5:00 PM) Monday, July 17, 2023 - Park Board Meeting (5:00 PM) Monday, July 24, 2023 - City Council Meeting (5:00 PM) Tuesday, July 26, 2023 - Planning Commission Regular Meeting (6:00 PM) Wednesday, August 9, 2023 – Emergency Preparedness Meeting (4:00 PM) Monday, August 14, 2023 - City Council Meeting - Dark No Meeting Monday, August 28, 2023 - City Council Meeting - Dark No Meeting Monday, September 4, 2023 - Labor Day - City Hall Closed Monday, September 11, 2023 - City Council Meeting (5:00 PM) Monday, September 18, 2023 - Park Board Meeting (5:00 PM) Monday, September 25, 2023 - City Council Meeting (5:00 PM) Tuesday, September 26, 2023 - Planning Commission Regular Meeting (6:00 PM) Monday, October 9, 2023 - City Council Meeting (5:00 PM) Monday, October 23, 2023 - City Council Meeting (5:00 PM) Tuesday, October 24, 2023 - Planning Commission Regular Meeting (6:00 PM) Friday, November 10, 2023 - Veterans Day - City Hall Closed Monday, November 13, 2023 - City Council Meeting (5:00 PM) Monday, November 20, 2023 - Park Board Meeting (5:00 PM) Thursday, November 23, 2023 - Thanksgiving Holiday - City Hall Closed Friday, November 24, 2023 - Day After Thanksgiving Holiday - City Hall Closed 5 Monday, November 27, 2023 - City Council Meeting (5:00 PM) Monday, December 11, 2023 - City Council Meeting (5:00 PM) Wednesday, December 13, 2023 – Emergency Preparedness Meeting (4:00 PM) Monday, December 25, 2023 - Christmas Day - City Hall Closed CERTIFICATION OF POSTING AGENDA The agenda for Monday, April 24, 2023 Regular Meeting of the Medina City Council was posted and available for review on Friday, April 21, 2023 at City Hall of the City of Medina, 501 Evergreen Point Road, Medina, WA 98039. The agenda is also available on the city website at www.medina- wa.gov. 6 MEDINA, WASHINGTON AGENDA BILL April 24, 2023 Subject: City-Wide Undergrounding Project Category: Presentation/Discussion Staff Contact: Ryan Osada, Public Works Director Summary In 2018, Medina City Council directed city staff to research and present information about undergrounding powerlines. The Council participated in two study sessions in 2018 to gather preliminary information about the process and potential costs. A third study session was scheduled twice but canceled on both occasions. At the October 24, 2022 Medina City Council Retreat, one of the Council priorities for staff was to “Research and develop a plan for undergrounding utilities.” This presentation is to engage the Council in discussing the organization and cost of undergrounding the powerlines throughout the city. Attachments 1. Power Point 2. 2007 FAQ’s about undergrounding utilities in Medina 3. 2018 PSE Proposal 4. 2018 PSE Good Faith Estimate 5. PSE Conversion to Underground Customer Responsibilities Handout 6. PSE Service Conversion Explanation 7. Maps 8. Options for Funding Underground Utilities Budget/Fiscal Impact: Estimated cost of $39,000,000. Staff Recommendation: Discussion and direction. City Manager Approval: Proposed Council Motion: N/A Time Estimate: 60 minutes. 7 AGENDA ITEM 9.1 Citywide Undergrounding April 2023 8 AGENDA ITEM 9.1 Timeline February 26, 2018 City Council Study Session - Undergrounding Utilities April 23, 2018 City Council Study Session -PSE’s Andy Swayne and Dennis Booth gave a brief 15 minute update for undergrounding utilities in Medina. June 25, 2018 City Council Study Session cancelled due to lack of business Topic moved to November 26, 2018 Study Session November 26, 2018 City Council Study Session cancelled October 2022 Council Retreat Action Item – Undergrounding Presentation Requested 9 AGENDA ITEM 9.1 UG Service Conversion Three phases @ 15 months each Additional undergrounding (Lumen, Comcast) Luminaire Conversion (128 each) Homeowner Service Conversions Additional items to consider: •Trenching •Surface Restoration •Engineering •Management •Easements 10 AGENDA ITEM 9.1 Estimated Cost 2018 Estimate $14,400,000 x 30% (current 2023) $18,720,000 JUT, Surface Restoration & Traffic Control $17,500.000 Luminaire Conversion $ 768,000 Design Engineering & Construction Management (6%)$ 2,100,000 ESTIMATED COST $39,088,000 11 AGENDA ITEM 9.1 Current Pilot Project: NE 12TH ST Sidewalk & Undergrounding Homeowner conversion appeals Vaults and Equipment in landscape Utility Coordination (Joint Utility Trench, Design Engineering) Easements Tree & Landscape Trimming and Removal 12 AGENDA ITEM 9.1 CITY OF MEDINA Office of the City Manager Last Update: August 13, 2007 FREQUENTLY ASKED QUESTIONS ABOUT UNDERGROUNDING UTILITIES IN MEDINA 1. What does the Undergrounding Utilities Proposition do? The proposition authorizes the City to borrow up to $26 million (by issuing bonds) in order to pay the costs of undergrounding utilities. Voter approval of the proposition in November 2007 is required in order to permit the City to issue the bonds. 2. What percentage of voters must vote “Yes” to approve the Undergrounding Utilities Proposition? 60% of the voters who vote in the election must approve the proposition in order for it to pass. 3. What does the term “undergrounding utilities” refer to? Puget Sound Energy (PSE), uses this term to describe the removal of the overhead electrical distribution system facilities consisting of wires, transformers, switches, and distribution poles, and replacing them with a system that is installed primarily underground. In an underground system the vaults, conduits, and cables are under ground while the transformers and switches are pad-mounted and sit above ground (on top of vaults). This is referred to as an underground conversion. 4. What are the advantages of undergrounding utilities? A significant advantage of undergrounding is the aesthetic improvement resulting from eliminating the poles, lines and overhead transformers throughout the community. Additionally, studies have shown that underground systems: experience fewer service disruptions; reduce motor vehicle accidents; lower maintenance costs; require less tree trimming; and suffer fewer line losses. 5.Are there any disadvantages to undergrounding utilities? Underground electric utility systems generally take up more of the public right-of-way (ROW) and may require additional easements on private property. Trouble shooting system problems and restoring power outages take longer. Data indicates that although the frequency of outages for underground systems is 50% lower than overhead systems, the average duration of such disruptions is 58% longer than for an overhead system outage. On average, converting to underground power lines costs five to ten times as much as installing new overhead power lines. 1 ATTACHMENT 2 13 AGENDA ITEM 9.1 6. Is undergrounding utilities common and have any neighboring communities already completed this work? Many communities incorporate undergrounding utilities in their road projects, both for new roads or road improvements. Many communities require that new development include undergrounding of utilities. Data compiled by the Federal Energy Regulatory Commission shows that 49% of all new utility lines installed by Investor Owned Utilities from 1993-2002 were installed underground. The Town of Hunts Point converted to all underground utilities in the 1960s. The Town of Beaux Arts Village recently requested that PSE convert all of its electric utility systems to underground within the town. 7. What is the City’s share of the estimated total cost of undergrounding utilities in Medina? $26 million. 8. How much of the undergrounding utilities cost is paid for by the utility companies and how much by the City? In terms of electricity, the Washington Utilities and Transportation Commission (WUTC) has approved a tariff, commonly referred to as Schedule 74, that provides the terms and conditions under which PSE will convert its existing overhead electric distribution system to an underground system. Generally Schedule 74 calls for most conversion costs to be split 60% / 40% between PSE and the City, with the City also being responsible for all costs associated with surveying, trenching, excavation, backfill and restoration for the conversion. 9. How does the City plan to finance their share of the costs? The City will borrow up to $26 million and will raise that money by selling long term general obligation bonds of the City. The proceeds of the bonds will be used to pay project costs. The bonds will be repaid over a term of 20 years with annual tax levies on all of the taxable property within the City. 10. How will my share of the cost for undergrounding utilities be calculated? Property owners within the City will pay a uniform tax rate that is calculated based upon the assessed value of their property. 11. If utilities in my neighborhood are already underground, will my property still be assessed the new bond levy? Yes; the tax levy is required to be uniform on all taxable property, regardless of whether utilities in the area are already underground. 12. What is the expected tax levy rate? Based on the City’s 2007 assessed valuation, the projected levy rate is approximately $0.85 per $1,000 of assessed value. For instance, if a home has an assessed value of $1 million, the annual assessment will be $850. 2 ATTACHMENT 2 14 AGENDA ITEM 9.1 13. For how long will the tax levy be placed on my property tax bill? Twenty years, starting with the year in which the bonds are issued. 14. Will my annual total bond repayment levy stay level, or will it increase as my home’s assessed valuation increases? The City expects to structure the bond issue so that the dollar amount of the levy will stay the same during the 20 year payment period. The levy rate (dollars per thousand of assessed value) will change, of course, as the assessed valuation changes over time. 15. Can I choose to pay off my total bond tax levy in a lump sum, accelerate payments or otherwise retire the debt early? An individual property owner cannot prepay property taxes for future years. The bonds will be structured, however, so that the City will be able to refinance the bonds if interest rates decrease in the future. 16. How is my senior citizen, widow, or widower of a veteran exemption affected by this new tax levy? Any exemption or deferral you are entitled to affects the assessed valuation of your property and therefore is applied to this tax levy. 17. Since the bond levy tax is part of my property tax bill, is it also tax deductible? The property tax allocable to the repayment of the bonds is deductible under current federal tax law in the same manner as other property taxes (if the property owner itemizes deductions). 18. What happens if the total bond proceeds are not sufficient to cover the cost of all undergrounding? The City has conservatively estimated costs, so this is unlikely. However, if funds are insufficient, the City could choose to complete work in high priority areas only, or could seek alternative funding sources. 19. What happens to surplus bond proceeds if the cost of undergrounding comes in under budget? Bond proceeds can only be used for the undergrounding project. If the cost of the undergrounding comes in under budget, then any remaining bond proceeds (and interest earnings) will be deposited in the City’s debt service fund, and used to retire bonds or make interest payments, thereby lowering the upcoming tax levy. 3 ATTACHMENT 2 15 AGENDA ITEM 9.1 20. Can the City retire this bond debt early, refinance the bonds later at more attractive interest rates, or otherwise reduce the total bond cost to property owners over the term of the bonds? If interest rates decrease, the City will have the ability to refinance the debt. However, it is expected that cost savings from a refinancing would be available only after 10 years (which is a standard call provision for tax-exempt municipal bonds). 21. Will undergrounding utilities affect my future monthly service bills? Possibly. Although initial costs for conversions will be covered under the terms of the tariff schedule, future costs for maintenance and upkeep may be born by rate payers. However, rate increases depend on many factors and are currently based on Puget Sound Energy’s entire service area. Any changes in the rates would also be subject to approval by the WUTC. 22. What exactly is the scope of work that must be undertaken to underground utilities? New underground utility distribution systems must be designed and engineered. Some additional public rights-of-way or utility easements may need to be acquired. New underground utility systems must be constructed (this will require excavation of roads, shoulders, sidewalks and possibly some property frontages for the installation of conduits and vaults) and connected to the existing utility systems. Customer service lines must then be disconnected from the existing utility systems and connected to new underground utility systems. Lastly, the existing overhead utility systems will be removed and surface restoration will be completed. 23. Will any utility equipment remain above ground and visible, such as vaults and connection boxes, and where might they be located? Yes. On the electric utility side, pad-mounted transformers and switches (green boxes ranging in size from about three feet square and two feet tall to five feet square and four feet tall) will be above ground. There will be vault lids at grade that will be visible and access to the lids will have to be maintained. Typically these facilities will be located within public rights-of-way where sufficient operating space can be made available. Otherwise, some facilities may need to be located in easements outside of public rights-of-way. 24. Who is responsible for undergrounding the service connection between my home’s electrical panel and the street? Washington state law (RCW 35.96) makes customers responsible for disconnection and removal of overhead services lines. PSE tariff Schedules 74 and 85 make customers responsible for the installation of new underground services lines to their homes. For most single family homes, the customer must provide trench and conduit from the utility system to the meter at the home for the installation by PSE of a service line to the home. The customer is also responsible for making necessary modifications at the home to allow for connection of a new underground service line (this typically must be done by a qualified electrical contractor hired by the customer). The customer is responsible for all costs associated with the above work. 4 ATTACHMENT 2 16 AGENDA ITEM 9.1 25. Can I choose not to underground the service connection between my home’s electrical panel and the street? Washington state law (RCW 35.96) requires removal of overhead services lines within underground conversion areas, but does provide the opportunity for a customer to object to the requirement and to have a hearing before the City. PSE Tariff Schedule 74 requires conversion of all service lines unless otherwise agreed between the City and PSE. 26. Can I get an estimate of this cost before I cast my vote on the bond issue? Most licensed electrical contractors can provide you a general estimate of the cost; however they may need additional design information about the undergrounding connections at the street before an accurate cost can be provided. 27. How long will I have to complete this work, and what is the estimated cost? PSE provides property owners with 90 days notice in anticipation of service cutover. The estimated total costs for this work will range from $2,500 to as much as $5,000. First there is the cost to make modifications at the premises, dig the trench and lay the conduit from the house to the street. Property owners will need to hire, and make payment directly to, an independent contractor to do this work. This work typically requires City permits and inspections. PSE will charge customers to install and connect the new service line. Currently, this is a flat rate charge for most single family residential customers of $475 for single phase service lines running up to 250 feet. Single phase service lines running longer than 250 feet and three phase service lines (only will apply to a few in the City) cost a bit more (the charge is based on company costs for the specific work required). These charges are adjusted from time to time along with other rates for service. 28. How do I find qualified technicians to perform this service, and will there be payment options? Service directories, contractor’s licensing boards, and personal referrals are all good ways to find qualified technicians. The City may also compile a list of qualified technicians, but will not make individual recommendations. PSE does not currently have payment options for this work, and such options for independent contractor work are up to the individual vendor. 29. If my home already has underground utility cabling to the street will I escape these added homeowner costs? Yes, though in some rare cases some incidental costs could result, based on individual property owner conditions. 5 ATTACHMENT 2 17 AGENDA ITEM 9.1 30. If approved, when might work begin and what disruptions to roadways or electrical service to my home can I expect? If approved, the City would act promptly to issue the bonds, and bid the project work elements. Actual work could begin in 2008. Service disruptions should be minimal. Traffic disruptions are likely but are not expected to be severe or protracted in any given neighborhood. 31. If landscaped City-owned right-of-way adjacent to my property is disturbed by necessary trenching to underground utilities, who will be responsible for restoring the affected area? How much public right-of-way along homeowner property frontage will be disturbed is unknown until a comprehensive engineering design is completed. The City is under no obligation to restore landscape placed in the right-of-way by property owners. It is anticipated the City will make a policy decision on this question once the full extent of disturbance is known. 6 ATTACHMENT 2 18 AGENDA ITEM 9.1 CITY OF MEDINA Proposed.doc 1 City of Medina – Schedule 74 Proposal. DESIGN COST ESTIMATE & PROPOSED SCHEDULE PRESENTATION PSE Project Contact Municipal Liaison Manager: 425-462-3852 Andy Swayne Andy.Swayne@PSE.com PSE Project Manager: Dennis Booth 425-417-9188 Dennis.Booth@PSE.com INTRODUCTION In response to the Conversion Project Scope of Work provided by the City of Medina and consistent with Section 3 of the Schedule 74 Design Agreement, this document and attachments hereto have been prepared by Puget Sound Energy to (present 1) the Company's estimate of the cost to perform the Design Work for this Conversion Project (the Design Cost Estimate), and 2) the Company's proposed schedule to complete the Design Work (the Design Schedule). The City of Medina should review the information contained herein and then meet with the Company to finalize the Conversion Project Scope of Work, Design Cost Estimate and Design Schedule. CONVERSION PROJECT SCOPE OF WORK This Design Cost Estimate and Design Schedule have been prepared based on the Scope of Work provided by the City of Medina, (drawings are not currently available.) The City of Medina has requested PSE to convert all PSE facilities within the current Right of Way and within the city limits (excluding PSE 115kV overhead transmission lines.) This proposed scope of work will include: 1. The removal of approximately 533 poles. 2. Convert approximately 17,780 feet of PSE’s 600amp overhead feeder to underground. 3. Convert approximately 18,380 feet of PSE’s 200amp three phase overhead to underground. ATTACHMENT 3 19 AGENDA ITEM 9.1 City of Medina conversion proposal 2 4. Convert approximately 220 feet of PSE’s 200amp two phase overhead to underground. 5. Convert approximately 27,705 feet of PSE’s 200amp single phase overhead to underground. 6. Convert approximately 5,090 feet of PSE’s overhead service conductor to underground. An approximated Total Circuit foot within the city limits is 69,880 feet. Government-requested upgrades to be included in the design for this project include the following: Install additional City owned conduit for future. Conduits size and quantity will be determined at a future date. City owned conduit is not included in this proposal. Company-initiated upgrades to be included in the design for this project include the following: PSE upgrades are not yet defined but may include additional 6” and 4’ conduits. Installation of ducts and vaults will be performed by PSE and its contractor. PSE’s contractors will be determined prior to construction. Design Assumptions: The Design Cost Estimate and proposed Design Schedule reflect the following assumptions, in addition to the above “Scope of Work.” The city will provide PSE with all CAD and as-built drawings that they “currently” have. PSE will develop an overhead to underground conversion design for PSE facilities within the city limits and Rights of Way. Any other utility’s that occupies space on PSE poles will be required to develop a design separately. The project will be split into “Three Construction Phases.” The “Construction Phases” are. 1. Phase one Limits: PSE circuit (Overlake 13) will convert Evergreen Point Road from PSE’s substation located at the intersections of 80th avenue north east and north east 10th street. Phase one of the conversion will extend West along 10th street and turn north along Evergreen Point Road to north east 24th. 2. Phase two Limits: PSE circuit (Overlake 15) will convert Overlake Drive from PSE’s substation located at the intersections of 80th avenue north east and north east 10th street to the city limits. 3. Phase three Limits: PSE circuit (Medina 37) will convert north east 24th and extend north along Evergreen Point Road and include north east 28th street to the city limits. The Company will receive written notice to proceed with the Design Work from the City of Medina prior to starting any design work. All facilities for the Underground Distribution System will be located within City of Medina public rights-of-way (Public Thoroughfare and Private Roads). Easements could be requires for new underground equipment and they will be identified on the PSE design plans. ATTACHMENT 3 20 AGENDA ITEM 9.1 City of Medina conversion proposal 3 DESIGN SCHEDULE Upon receipt by the Company (PSE) of the City of Medina’s written notice to proceed with the Design Work, the Company proposes to perform the Design Work in accordance with the following schedule:  Completion of preliminary design and presentation of sufficient space analysis (within Public Thoroughfare) - 90 business days after NTP received by the City of Medina.  Completion of design engineering and presentation of a draft Project Plan (including design drawings and specifications, project responsibilities, estimated project construction costs and proposed construction schedule) – To be Determined.  Agreement on a final Project Plan - To be Determined. DESIGN COST ESTIMATE The Design Cost Estimate attached hereto reflects the Company's good faith estimate of the cost to perform the Design Work for this Conversion Project in accordance with the proposed Design Schedule above. Future changes in the City of Medina’s scope of work would result in this good faith estimate being void. CONSTRUCTION COST ESTIMATE The Construction Cost Estimate attached hereto reflects the Company's good faith estimate of the cost to perform PSE’s portion of the underground conversion work. Future changes in the City of Medina’s scope of work would result in this good faith estimate being void. This estimate includes the PSE portion of trenching and backfill, installing PSE’s conduit and vaults, underground wire installation, the removal of PSE poles and equipment. Additional costs that are not reflected in this estimate are: 1. Survey 2. Landscaping restoration. 3. Material laydown yard / staging area. 4. Construction for any utility other than PSE. 5. Service conversions. 6. Permitting CONSTRUCTION DURATION For estimating purposes the three construction phases are split into equal parts. Civil / Duct and Vault is estimated at 200 feet of production per day. Installing PSE vaults and conduit in the joint trench will take approximately 349 working days per phase of the project. This is assuming one (3 person) civil crew. Line work for each phase will take approximately 200 working days assuming one (4 man) line crew. Construction durations can be reduced by adding resources and overlapping civil and line crew’s. The construction durations can be revisited at the 60% design phase. ATTACHMENT 3 21 AGENDA ITEM 9.1 FACILITY CONVERSION GOOD FAITH ESTIMATE DETAIL Scope of Work Date: 6/18/2018 To: City of Medina 501 Evergreen Point Rd, Medina City of Medina, WA 98039 Attn: Mike Sauerwein Project Description:Convert PSE’s distribution from overhead to underground Location:City of Medina PSE Project Manager:Dennis Booth 425-417-9188 Activity: PSE Order #:N/A N/A N/A N/A % Reimbursable:40%40%100%100% PSE Materials $5,144,468.00 $7,459,478.60 $2,512,779.86 PSE Construction Labor Line Work 7,716,702.00$ $11,189,217.90 PSE Project Management 1,714,823.00$ $2,486,493.35 PSE Duct and Vault 2,902,637.39$ $4,208,824.22 PSE Design Cost 50,000.00$ $72,500.00 PSE Overheads 3,155,153.47$ $4,574,972.53 Federal Income Tax $2,215,233.25 $3,212,088.21 $269,118.72 $0.00 Total Total Actual Costs:$22,899,017.11 -$ $33,203,574.81 $2,781,898.58 40% City Cost $25,680,915.69 $10,272,366.28 $35,985,473.39 $14,394,189.36 PSE Construction Cost Estimate low The removal of approximately 533 poles. Convert approximately 17,780 feet of PSE’s 600amp overhead feeder to underground. Convert approximately 18,380 feet of PSE’s 200amp three phase overhead to underground. Convert approximately 220 feet of PSE’s 200amp two phase overhead to underground. Convert approximately 27,705 feet of PSE’s 200amp single phase overhead to underground. Convert approximately 5,090 feet of PSE’s overhead service conductor to underground. An approximated Total Circuit foot within the city limits is 69,880 feet. PSE Construction Cost Estimate High Change Orders High Range Estimate Low Range Estimate PSE Excavation 100% City Cost Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009-0868 Billing Detail Form 5/01 ATTACHMENT 4 22 AGENDA ITEM 9.1 3 Puget Sound Energy, Inc. PO Box 90868 Bellevue, WA 98009-0868 Billing Detail Form 5/01 ATTACHMENT 4 23 AGENDA ITEM 9.1 Schedule 74 Customer Services Resp Handout.doc Last updated 10/20/2005 SCHEDULE 74 CONVERSION TO UNDERGROUND SERVICE FOR GOVERNMENT ENTITIES Summary of Customer Responsibilities Concerning Service Lines Puget Sound Energy (PSE) performs conversion of its existing overhead electric distribution system to an underground system at the request of Government Entities (cities, towns and counties) under PSE’s Electric Tariff G Schedule 74. As provided by Schedule 74 and Washington State Law all customers served from the distribution system being undergrounded must be served by underground service lines unless PSE explicitly agrees to other electric service arrangements. This document has been prepared to help you understand your responsibilities as a PSE customer related to Underground Conversion Projects and installation of electric Underground Service Lines. Underground Service Lines are Required by Washington State Law The Revised Code of Washington (RCW 35.96 for cities and towns, RCW 36.88 for counties) provides that when service is available from underground electric and communication facilities in a conversion area, the city, town or county shall mail a notice to the owners of all structures or improvements (including homes and business) in the conversion area informing such owners that: 1)Service from the underground facilities is available; and 2)All electric and communications service lines from the existing overhead facilities within the conversion area to any structure or improvement must be disconnected and removed; and 3)Should such owner fail to convert such services lines from overhead to underground as prescribed by such notice, the city, town or county will order the electric and communications utilities to disconnect and remove the overhead service lines. In addition to providing such notice, cities, towns and counties often provide additional notices, information and coordination assistance to customers within the conversion area in connection with service line conversion. You may want to talk with your jurisdiction’s Project Manager or other representative concerning your jurisdiction’s notification process, procedure, timing and expectations. Note that RCW applies to communications (telephone and cable) facilities as well. Communications facilities are often located on PSE’s poles within a conversion area and are typically converted to underground by the respective communications companies. Contact the appropriate communication companies concerning your responsibilities with regard to conversion of communication service lines. My Home or Business has an Overhead Service Line – What do I do? As part of a conversion project, PSE removes existing overhead electric service lines in conjunction with the installation and connection of new underground electric service lines. Installation and connection of underground service lines is governed by PSE Electric Tariff G Schedule 85. Your responsibilities will be dependent on your customer type. All customers with overhead service lines must make application to PSE for new underground service. Information handbooks and application materials are available from PSE and may be available from your city, town or county. Be sure to request the right handbook for your customer type. All customers must make their structures ready for underground service. This typically involves work on or replacement of your structure’s electric meter box and may require additional structure electrical wiring system work. You will likely need to engage a qualified electrical contractor to perform this work. ATTACHMENT 5 24 AGENDA ITEM 9.1 Schedule 74 Customer Services Resp Handout.doc 2 Single Family Residential Customers Single Family Residential Customers are those customers having secondary voltage service to a single family detached home located on a legal residential lot (mobile or manufactured homes meeting these qualifications and permanently installed on a foundation are typically included in this class of service). See PSE Schedule 85 for additional details. In addition to making your structure ready for underground service, Single Family Residential Customers must provide trenching, installation of conduit under obstructions, backfill and surface restoration from the structure to the service connection point provided by PSE at or near the public right-of-way/property line. The service connection point may be a hand-hole (small box in the sidewalk, lawn or planter strip) or a pad-mounted transformer similarly located. PSE will provide an appropriate location at the property line to which you will need to trench. Contact your jurisdiction concerning permit requirements. PSE will install, own and maintain the underground service line to your structure. PSE will connect the service line to your structure meter box and our distribution system. Non-Residential Customers All customers that are not Single Family Residential Customers are Non-Residential Customers, including multi-family residential structures and mobile home parks; commercial, industrial, recreation and lighting uses. In addition to making your structure ready for underground service, Non-Residential Customers must provide, install, and maintain customer owned underground service line(s) from your structure meter box to the service connection point provide by PSE, typically at or near the public right-of-way/property line. The service connection point may be a hand-hole (in the sidewalk, lawn or planter strip) or a pad-mounted transformer similarly located. PSE will provide an appropriate location at the property line to which you will need to install your underground service line(s). You will likely need to engage a qualified electrical contractor to perform this work. Contact your jurisdiction concerning permit requirements. PSE will connect the service line(s) to the distribution system at the service connection point. My Home or Business Already has an Underground Service Line – What do I do? Customers already served by underground service lines may need to do very little and if the service line is connected to existing PSE underground distribution system, you may need to do nothing at all. In most cases you do not need to make application to PSE for a new service. Where practical, PSE will locate a new underground service connection point (to the new underground distribution system) in close proximity to your existing underground service line so that the service line can be intercepted and reconnected by PSE to the new connection point. In some instances Non-Residential Customers may need to engage a qualified electrical contractor to reroute your existing underground service line to the new connection point. Costs Associated for Service Line Conversions These costs are typically borne by the individual customer and include the cost to engage qualified contractors to perform the work, together with the costs of materials and any permits that may be required. You may want to discuss this with your jurisdiction representative. In addition, there is a fee charged under Schedule 85 to cover the installation or connection of new underground electric service lines by PSE that varies by customer class. Typically customers already served by existing underground service lines are not charged a fee associated with transferring existing underground service lines from the existing overhead distribution system to the new underground distribution system. ATTACHMENT 5 25 AGENDA ITEM 9.1 Schedule 74 Service Conversions Individual service conversions from overhead to underground are not included in the main conversion project or in the project pricing. The conversion and the cost of the conversion is the responsibility of the individual customer. PSE will provide the City with a list of the services to be converted and copies of PSE’s “Electric Service Handbook”. The City may, at it’s option, elect to facilitate the conversions. Responsibilities for labor and materials differ for residential versus non-residential services. These differences are explained in the “Electric Service Handbook”. The process is as follows: The City notifies the customer by letter, when the new underground system is energized and ready for service conversions. (Advance notice is recommended.) A copy of PSE’s “Electric Service Handbook” should be included in this notification. The customer should be told that they have 90 days to convert their service in accordance with RCW 35.96.050. The City notification should direct the customer to call Jennifer Conroy, Customer Construction Representative, at PSE at 888-321-7779 Ex 7136 to initiate the work order. When the underground service is ready and has passed electrical inspection, the customer schedules the service conversion work by calling Kait Koenig at Potelco at 253-476-6108. If the City is assuming responsibility for converting the service, then the City should call PSE to place the service conversion orders and provide PSE with a billing address. When each individual service is ready and has passed electrical inspection, the City should call PSE to schedule the conversion work. Schedule 85 conversion charges apply and will be billed to the entity placing the order. ATTACHMENT 6 26 AGENDA ITEM 9.1 ATTACHMENT 7 27 AGENDA ITEM 9.1 ATTACHMENT 7 28 AGENDA ITEM 9.1 Options to Fund Undergrounding Utilities There are two options…form a Local Improvement District (LID) of Benefited Property Owners or a Property Tax Levy. Forming a Local Improvement District (There are a number of steps) •Determine the extent of property owner support •Prepare preliminary assessment map and assessment roll. •City Council Pass Resolution declaring intent and setting a date for a Public Hearing of the proposed LID. •Mail notice property owners at least 15 days prior to Public Hearing •Publish City Council Resolution for two consecutive weeks in the official newspaper •Prepare an Ordinance forming the LID •Hold a Public Hearing •City Council Pass Ordinance creating LID. •Within 15 days after the City Council has adopted the Ordinance creating the LID, the City Clerk files with the City Finance Director the title of the improvements, the LID number, a copy of the diagram or print showing the boundaries of the district (preliminary assessment roll map), preliminary assessment roll or abstract of same showing thereon the lots, tracts, or parcels of land to be assessed. •The City Clerk posts the preliminary assessment roll on the index of local improvement assessments against the properties affected by the local improvement. •The Finance Director and City Attorney calculate protest percentage…percentage of assessment represented by each property owner. If property owners representing 60% of the improvement costs file written protests within a 30-days of the ordinance being passed the City cannot proceed with the project. •Subsequently, there is a 30-day appeal period, during which any property owner who has filed a timely written protest may appeal the formation of an LID to Superior Court. An appeal does not automatically stop the LID process. The issues raised in the appeal should be carefully reviewed with the city attorney and bond counsel, however. ATTACHMENT 8 29 AGENDA ITEM 9.1 Property Tax Levy • This could be a City-Wide Special Property Tax Levy for the purpose of funding undergrounding utilities throughout the City (this is somewhat analogues to a school district passing a “technology levy”) • 60% “Yes” vote would be required to pass Construction Bonds (Paid by Benefited Property Owners or Property Tax Receipts) • Could be financed with Municipal Bonds (10-20 Years, about 2-3% interest) • Lien could be placed on benefited property o Qualified senior citizens o Economically disadvantaged property owners (City gets to define “economically disadvantaged” within reason) ATTACHMENT 8 30 AGENDA ITEM 9.1 Stormwater Infrastructure Funding - Ryan Osada presented the need to prioritize Stormwater on March 2. And estimated the city will need between $300,000 and $400,000 annually for Stormwater projects and maintenance. - Currently using ARPA funding for 2023 projects, but a long-term solution is needed. - Grants are great supplemental sources of funding but are not guaranteed. 31 AGENDA ITEM 9.2 Option 1 – Funding Storm Water Internally -Six Million in Capital Reserves, Stormwater could be funded with current and future capital dollars. -Create a Stormwater reserve fund of $1.5 Million from the Capital Fund which will cover costs through at least 2027. -50% of REET revenue over expected going forward will be transferred to this fund which will extend the life of this funded past the expected 2027 date. - REET has restrictions on maintenance, however the majority of Stormwater projects fall under improvements or new infrastructure. -50% of the Capital portion of investment earnings will also be allocated to the new fund. -Staff will also work to earn grant funding to help offset costs. -Option two would take us through at least the cross over point for the Levy Lid Lift, without the need for additional cost to residents. 32 AGENDA ITEM 9.2 Capital Fund Overview – Last Decade Option 2 – Storm Water Fee Through King County -Earliest Implementation would be 2025, most likely 2026. - $40K- $60K Startup cost with a $2.00 annual maintenance per parcel (Approx. 1185 Parcels in Medina) - This maintenance cost includes customer account services salaries to research, maintenance and monitoring the accounts, adding/deleting accounts, customer inquiries/compliances, and to host the billing system by our IT folks. With rising costs of materials and labor, Council could elect to include an escalator to increase the per parcel fee at a periodic rate (For example every 5 years) Could waivers be available? The County Assessor’s manage a program called Senior Citizen and Disable Taxpayer Exemption Program. The County along with 17 other cities utilize that program and provide a waiver or 50% discounts. 33 AGENDA ITEM 9.2 To Cover our Costs $300K - $400K Divided by 1185 Parcels, Including $2 per Parcel for the County Annual fee per parcel: $255 - $340 Visual of how it will look on your Property Tax Statement Other Cities who use the County for fee collection Black Diamond Bothell Burien Covington Des Moines Federal Way Kenmore KC Kirkland Lake Forest Park Maple Valley Newcastle Normandy Park Sammamish SeaTac Shoreline Tukwila Woodinville Yarrow Point 34 AGENDA ITEM 9.2 Option 3 – Combination of Option 1 and 2 -Phased in approach, could start with a lower fee structure with a periodic increase -Example, $120 annual fee per parcel with $200K annual from capital reserves -Current capital reserves to be used to cover the additional funds needed 35 AGENDA ITEM 9.2 MEDINA, WASHINGTON AGENDA BILL Monday, April 24, 2023 Subject: Resolution Setting Legislative Hearing – OGCC Street Vacation Category: Resolution Staff Contact(s): Scott Missall, City Attorney and Stephanie Keyser, AICP, Planning Manager Summary On December 21, 2022, the City received a petition from Overlake Golf and Country Club to vacate 31,738.60 square feet of land comprising portions of City rights-of-way designated as NE 16th Street and 80th Avenue NE (ROW). In accordance with MMC 12.44 and RCW Chapter 35.79, the City Council may initiate the vacation procedures by adopting a Resolution that sets the legislative hearing on the matter. The petition and land appraisal are attached for review. Attachment(s) 1. Resolution No. 432 2. Street vacation petition and supporting documents 3. Appraisal Budget/Fiscal Impact: None Recommendation: Adopt Resolution No. 432 City Manager Approval: Proposed Council Motion: Move to adopt Resolution No. 432 Time Estimate: 30 minutes 36 AGENDA ITEM 9.3 Page 1 of 3 CITY OF MEDINA, WASHINGTON RESOLUTION NO. 432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, SETTING A LEGISLATIVE PUBLIC HEARING ON THE JUNE 12, 2023 COUNCIL AGENDA TO CONSIDER THE OVERLAKE GOLF AND COUNTRY CLUB STREET VACATION PETITION IN ACCORDANCE WITH RCW CHAPTER 35.79 AND MEDINA MUNICIPAL CODE CHAPTER 12.44. WHEREAS, a street vacation petition dated December 21, 2022 (Petition) was submitted to the City by Overlake Golf and Country Club (OGCC) seeking vacation of 31,738.60 square feet of land comprising portions of City rights-of-way designated as NE 16th Street and 80th Avenue NE (ROW), which ROW is immediately adjacent to and between four parcels of land owned by OGCC and identified as King County Tax Parcel Nos. 3025300392, 2525049020, 2525049004 and 2525049003; and WHEREAS, the ROW to be considered for vacation comprises an ell-shaped assemblage that is abutted on all sides by parcels owned by OGCC, and the Petition as submitted is therefore signed by more than two-thirds of the owners abutting the portion of ROW for which vacation is sought; and WHEREAS, pursuant to Medina Municipal Code (MMC) Section 12.44.090, the Council shall, when appropriate, adopt a Resolution fixing the time and date for a legislative public hearing on the requested Petition, which hearing date shall be not less than 20 days nor more than 60 days after passage of said Resolution; and WHEREAS, the City Clerk shall give 20 days’ notice of the hearing date and time by posting notice thereof in three public locations within the City and on the ROW for which vacation is sought as required by RCW Chapter 35.79 and MMC Chapter 12.44; and 37 AGENDA ITEM 9.3 Page 2 of 3 WHEREAS the Council will hear from City Staff, the Petitioner, and public concerning the Petition and its requested ROW vacation, and will review, inquire into, consider and evaluate all such information and the Petition, and may take such action thereon as the Council determines appropriate; and WHEREAS, a hearing held in conjunction with the Council’s June 12, 2023 regular meeting satisfies the statutory time frames if this Resolution is adopted at the Council's April 24, 2023 regular meeting; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, RESOLVES AS FOLLOWS: Section 1. Hearing Date Scheduled. The hearing date and time for the Petition described herein is hereby set for June 12, 2023, commencing at 5:00 p.m. or as soon thereafter as called by the Council from its meeting agenda. The hearing date and time may be continued as determined necessary or appropriate by the Council to complete the Council's analysis and statutory review pursuant to RCW Chapter 35.79 and MMC Chapter 12.44 and enable the Council to make a fully informed legislative decision on the Petition. Section 2. Posting of Notice. The City Clerk is directed to timely post notices of the hearing as required by RCW Chapter 35.79 and MMC Chapter 12.44. The Clerk may additionally post, publish or make available other notices of the hearing as may be useful or customary, including publication on the City website. PASSED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON APRIL 24, 2023 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE ON SAID DATE. APPROVED: MAYOR, JESSICA ROSSMAN ATTEST/AUTHENTICATED: CITY CLERK, AIMEE KELLERMAN 38 AGENDA ITEM 9.3 Page 3 of 3 APPROVED AS TO FORM: CITY ATTORNEY, SCOTT M. MISSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 432 39 AGENDA ITEM 9.3 40 AGENDA ITEM 9.3 41 AGENDA ITEM 9.3 42 AGENDA ITEM 9.3 43 AGENDA ITEM 9.3 44 AGENDA ITEM 9.3 SUBDIVISION GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY Guarantee No.: G-6329-000008546 Fee:$350.00 Order No.:22000200931 Dated:October 26, 2022 Stewart Title Guaranty Company (the "Company"), guarantees the County of King and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the subdivision, the only parties having any record title interest in said land whose signatures are necessary, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map as referred to in the guarantee. Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. Countersigned by: Stewart Title Guaranty Company 1420 Fifth Avenue, Suite 440 Seattle, WA 98101 Agent ID: 47H018 For coverage information or assistance resolving a complaint, call (800) 729-1902 or visit www.stewart.com. In writing this company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. File No.: 22000200931 WA Subdivision Guarantee Page 1 of 1 of Guarantee Serial No.: G-6329-000008546 45 AGENDA ITEM 9.3 SUBDIVISION GUARANTEE Prepared by: Stewart Title Guaranty Company 1420 Fifth Avenue, Suite 440 Seattle, WA 98101 Order Number: 22000200931 Guarantee No.: G-6329-000008546 Effective Date: October 26, 2022 at 8:00AM Premium: $350.00 Sales Tax: $35.88 Total: $385.88 OWNERS:Overlake Golf and Country Club, a Washington nonprofit corporation LEGAL DESCRIPTION: The East three-tenths of the North half of the Northeast quarter of the Northwest quarter of the Southeast quarter of Section 25, Township 25 North, Range 4 East, W.M., in King County, Washington; Except the North 30 feet and the East 30 feet thereof; (Being known as Tracts 235, 236 and 237 of Half-Hour-Half-Acre Tracts, according to the unrecorded plat thereof). Situate in the City of Medina, County of King, State of Washington. MAP SUBJECT TO: 1. 2. 3. General taxes: First half delinquent May 1; Second half delinquent November 1: Year:2022 Amount Billed:$15,243.37 Amount Paid:$ 7,621.69 Amount Due:$ 7,621.68, plus interest and penalty if delinquent Tax Account No.:302530-0392-05 Levy Code:1836 Land:$1,871,700.00 Improvements:$-0- Note: King County Treasurer, 201 South Jackson Street #710, Seattle, WA 98104: (206) 263-2890 Web Address: https://kingcounty.gov/depts/finance-business-operations/treasury.aspx Current and/or advance personal property taxes that may become due. Please contact the King County Treasurer's office for further information. Liability for sewer treatment capacity charges that may be assessed but not disclosed in the public records. Please contact the King County Capacity Charge Department for further information at 206-296-1450. WA Subdivision Guarantee Page 1 of 3 STEWART TITLE GUARANTY COMPANY 46 AGENDA ITEM 9.3 4. 5. 6. 7. 8. Any unrecorded leaseholds, right of vendors and holders of security interest on personal property installed upon said property, and right of tenants to remove trade fixtures at the expiration of the term. Easement and the terms and conditions thereof: Grantee:Bellevue Sewer District Purpose:sewer Affects:refer to said instrument Recorded:August 6, 1965 Recording No.:5912348 Easement and the terms and conditions thereof: Grantee:Bellevue Sewer District Purpose:sewer Affects:refer to said instrument Recorded:August 6, 1965 Recording No.:5912354 Option to Purchase Agreement and the terms and conditions thereof: By and Between:Overlake Golf and Country Club, a Washington nonprofit corporation and Northwest Building Corporation, a Washington corporation Recorded:June 17, 1981 Recording No.:8106170388 Notice of Charges by Water, Sewer, and Storm & Surface Water Utilities and the terms and conditions thereof: Recorded:July 27, 2017 Recording No.:20170727001075 Said instrument is a re-recording of instrument recorded under Recording No. 9612200938. tc WA Subdivision Guarantee Page 2 of 3 STEWART TITLE GUARANTY COMPANY 47 AGENDA ITEM 9.3 SUBDIVISION GUARANTEE Order Number: 22000200931 Guarantee No.: G-6329-000008546 This Guarantee and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or opinion as to the marketability of title to the land. WA Subdivision Guarantee Page 3 of 3 STEWART TITLE GUARANTY COMPANY 48 AGENDA ITEM 9.3 STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. . Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ß ß request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 File No.: 22000200931 Page 1 Revised 01-01-2020 49 AGENDA ITEM 9.3 Effective Date: January 1, 2020 Privacy Notice for California Residents Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), Stewart Information Services Corporation and its subsidiary companies (collectively, “Stewart”) are providing this Privacy Notice for California Residents (“CCPA Notice”). This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users and others who reside in the State of California or are considered California Residents (“consumers” or “you”). Terms used but not defined shall have the meaning ascribed to them in the CCPA. Information Stewart Collects Stewart collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Most of the information that Stewart collects in the course of its regular business is already protected pursuant to the Gramm-Leach-Bliley Act (GLBA). Additionally, much of this information comes from government records or other information already in the public domain. Personal information under the CCPA does not include: ü ü ü Publicly available information from government records. Deidentified or aggregated consumer information. Certain personal information protected by other sector-specific federal or California laws, including but not limited to the Fair Credit Reporting Act (FCRA), GLBA and California Financial Information Privacy Act (FIPA). Specifically, Stewart has collected the following categories of personal information from consumers within the last twelve (12) months: Category Examples Collected? A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES F. Internet or other similar network activity.Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES G. Geolocation data.Physical location or movements.YES H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.YES I. Professional or employment-related information. Current or past job history or performance evaluations.YES J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES File No.: 22000200931 Page 2 Revised 01-01-2020 50 AGENDA ITEM 9.3 Stewart obtains the categories of personal information listed above from the following categories of sources: ü ü ü Directly and indirectly from customers, their designees or their agents (For example, realtors, lenders, attorneys, etc.) Directly and indirectly from activity on Stewart’s website or other applications. From third-parties that interact with Stewart in connection with the services we provide. Use of Personal Information Stewart may use or disclose the personal information we collect for one or more of the following purposes: ü ü ü ü ü ü ü ü ü ü ü ü ü ü To fulfill or meet the reason for which the information is provided. To provide, support, personalize, and develop our website, products, and services. To create, maintain, customize, and secure your account with Stewart. To process your requests, purchases, transactions, and payments and prevent transactional fraud. To prevent and/or process claims. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. Auditing for compliance with federal and state laws, rules and regulations. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent in the course of your transaction (for example, a realtor or a lender). Stewart may disclose your personal information to a third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: ü ü ü ü ü Service providers and vendors (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) Affiliated Companies Litigation parties and attorneys, as required by law. Financial rating organizations, rating bureaus and trade associations. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information for a business purpose: Category A: Identifiers Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information Category E: Biometric Information Category F: Internet or other similar network activity Category G: Geolocation data Category H: Sensory data Category I: Professional or employment-related information Category J: Non-public education information Category K: Inferences Consumer Rights and Choices The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. File No.: 22000200931 Page 3 Revised 01-01-2020 51 AGENDA ITEM 9.3 Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: ü ü ü ü ü ü The categories of personal information Stewart collected about you. The categories of sources for the personal information Stewart collected about you. Stewart’s business or commercial purpose for collecting that personal information. The categories of third parties with whom Stewart shares that personal information. The specific pieces of personal information Stewart collected about you (also called a data portability request). If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. Deletion Request Rights You have the right to request that Stewart delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1.Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you 2.Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3.Debug products to identify and repair errors that impair existing intended functionality. 4.Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5.Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 6.Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. 7.Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8.Comply with a legal obligation. 9.Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either: ü Calling us Toll Free at 1-866-571-9270 ü Emailing us at Privacyrequest@stewart.com ü Visiting http://stewart.com/ccpa Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: ü ü Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. File No.: 22000200931 Page 4 Revised 01-01-2020 52 AGENDA ITEM 9.3 Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: ü ü ü ü Deny you goods or services. Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Changes to Our Privacy Notice Stewart reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on Stewart’s website and update the notice’s effective date. Your continued use of Stewart’s website following the posting of changes constitutes your acceptance of such changes. Contact Information If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone:Toll Free at 1-866-571-9270 Website:http://stewart.com/ccpa Email:Privacyrequest@stewart.com Postal Address:Stewart Information Services Corporation Attn: Mary Thomas, Deputy Chief Compliance Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: 22000200931 Page 5 Revised 01-01-2020 53 AGENDA ITEM 9.3 SUBDIVISION GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY Guarantee No.: G-6329-000008556 Fee:$350.00 Order No.:22000201033 Dated:December 07, 2022 Stewart Title Guaranty Company (the "Company"), guarantees the County of King and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the subdivision, the only parties having any record title interest in said land whose signatures are necessary, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map as referred to in the guarantee. Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. Countersigned by: Stewart Title Guaranty Company 1420 Fifth Avenue, Suite 440 Seattle, WA 98101 Agent ID: 47H018 For coverage information or assistance resolving a complaint, call (800) 729-1902 or visit www.stewart.com. In writing this company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. File No.: 22000201033 WA Subdivision Guarantee Page 1 of 1 of Guarantee Serial No.: G-6329-000008556 54 AGENDA ITEM 9.3 SUBDIVISION GUARANTEE Prepared by: Stewart Title Guaranty Company 1420 Fifth Avenue, Suite 440 Seattle, WA 98101 Order Number: 22000201033 Guarantee No.: G-6329-000008556 Effective Date: December 07, 2022 at 8:00 am Customer Reference: Overlake Golf and Country CLub Premium: $350.00 Sales Tax: $35.88 Total: $385.88 OWNERS:Overlake Golf and Country Club, a delinquent Washington non-profit corporation LEGAL DESCRIPTION: SEE EXHIBIT A ATTACHED HERETO SUBJECT TO: 1. 2. 3. General taxes: Paid In Full: Year:2022 Amount Billed:$7,477.88 Amount Paid:$7,477.88 Amount Due:$-0-, plus interest and penalty if delinquent Tax Account No.:252504-9003-06 Levy Code:1836 Land:$916,100.00 Improvements:$-0- Affects: Parcel A General taxes: Paid In Full: Year:2022 Amount Billed:$83,021.85 Amount Paid:$83,021.85 Amount Due:$-0-, plus interest and penalty if delinquent Tax Account No.:252504-9004-05 Levy Code:1836 Land:$1,625,400.00 Improvements:$8,576,600.00 Affects: Parcel B Note: King County Treasurer, 201 South Jackson Street # 710., Seattle, WA 98104 (206) 263-2890 Web Address: https://kingcounty.gov/depts/finance-business-operations/treasury.aspx 2023 taxes will become a lien on January 1, 2023. They are not yet ascertainable nor certifiable, and cannot be paid until February 15, 2023. WA Subdivision Guarantee Page 1 of 5 STEWART TITLE GUARANTY COMPANY 55 AGENDA ITEM 9.3 4. 5. 6. 7. 8. 9. 10. 11. Current and/or advance personal property taxes that may become due upon the premises herein described. Please contact the King County Treasurer's office for further information. Liability for sewer treatment capacity charges that may be assessed but not disclosed in the public records. Please contact the King County Capacity Charge Department for further information at 206-296-1450. Notice of Water, Sewer and Storm and Surface Water Utilities Connection Charge, filed by the City of Bellevue and the terms and conditions thereof, but not limited to possible assessments recorded under Recording No(s). 9612200938. Please be advised that our search did not disclose any open deeds of trust of record. If you should have knowledge of any outstanding obligation, please contact the title department immediately for further review prior to closing. Questions regarding the following: Option of Purchase Agreement, and the terms and conditions thereof: Between: Overlake Golf and Country Club, a Washington non-profit corporation And: Northwest Building Corporation, a Washington corporation Recorded:June 17, 1981 Recording No.:8106170388 Option to re-purchase said premises and other property upon certain terms and circumstances. Note 1: We find no release of record for said instrument. Note 2: Northwest Building Corporation no longer appears in the records of the Secretary of State for the State of Washington as a currently existing or recently expiring entity, and no name change or merger into a different company has been found. Note 3: The term of said option states that it shall expire 21 years after the death of the last surviving grandchild of Norton Clapp, with seventeen of said parties being listed on said instrument. Due to passage of time, and that eight of said grandchildren are female, it could be assumed that several or all of said granddaughters may have married and/or changed last names one or more times. Any of said grandchildren may have re-located beyond King County, or the State of Washington. We find no record of the current names of any of the grandchildren, or current place of domicile to check for notices of death or probates therefor. If an unrecorded termination of said option exists, a copy should be submitted to this company for review. Any unrecorded leaseholds, right of vendors and holders of security interest on personal property installed upon said property, and right of tenants to remove trade fixtures at the expiration of the term. According to information disclosed by corporation records in the office of the Secretary of State, corporate license fees were last paid for Overlake Golf and Country Club, a delinquent Washington non-profit corporation, on November 30, 2021, and said entity became delinquent on November 30, 2022. Reinstatement may be applied for within two years of such cessation, under the powers provided in the State Statute. Easement and the terms and conditions thereof: Grantee:The Pacific Telephone and Telegraph Company Purpose:Underground lines for telephone and telegraph and other communication circuits and appurtenances, other utility purposes Affects:South 30 feet of Parcel B Recorded:March 20, 1947 Recording No.:3668112 WA Subdivision Guarantee Page 2 of 5 STEWART TITLE GUARANTY COMPANY 56 AGENDA ITEM 9.3 12. 13. 14. 15. 16. Easement and the terms and conditions thereof: Purpose:Sanitary sewer lines and appurtenances Affects:As constructed within Parcels A and B Recorded:May 24, 1961 Recording No.:5287317 Easement and the terms and conditions thereof: Grantee:Puget Sound Power & Light Company Purpose:Underground electric system and appurtenances Affects:Portions of Parcels A and B as described therein Recorded:April 1, 1985 Recording No.:8504010807 Easement and the terms and conditions thereof: Grantee:Puget Sound Power & Light Company Purpose:Underground electric system and appurtenances Affects:As constructed or to be constructed within Parcel B Recorded:February 17, 1993 Recording No.:9302170258 Easement and Assignment of Lease Agreement, and the terms and conditions thereof: Grantee:Landmark Infrastructure Operating Company, LLC, a Delaware LLC Purpose:Telecom easement for telecommunications purposes and access thereto Affects:Portion of Parcel B and other property as described therein Recorded:January 26, 2017 Recording No.:20170126001488 Assignment of said Easement and Lease agreement: Assignee:Landmark Infrastructure Holding Company, LLC, a Delaware LLC Recorded:October 12, 2022 Recording No.:20221012000191 Unrecorded Lease, all amendments thereto, and the terms and conditions thereof: Lessor:Overlake Golf and Country Club Lessee:Crown Castle, successor in interest to VoiceStream PCS III Corporation Dated: December 5, 2000 Term: Undisclosed Disclosed By:Easement and Assignment of Lease Agreement Recorded:January 26, 2017 Recording No.:20170126001488 Affects: Parcel B and other property Lessee's interest is now held by: CCTMO, LLC, according to recital contained on Assignment recorded October 12, 2022 under Recording Number 20221012000191. ps WA Subdivision Guarantee Page 3 of 5 STEWART TITLE GUARANTY COMPANY 57 AGENDA ITEM 9.3 SUBDIVISION GUARANTEE Order Number: 22000201033 Guarantee No.: G-6329-000008556 This Guarantee and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or opinion as to the marketability of title to the land. WA Subdivision Guarantee Page 4 of 5 STEWART TITLE GUARANTY COMPANY 58 AGENDA ITEM 9.3 EXHIBIT "A" LEGAL DESCRIPTION Parcel A: The Southwest Quarter of the Northeast Quarter of Section 25, Township 25 North, Range 4 East, W. M., in King County, Washington; Except that portion lying within the Plat of Fairway View, according to the plat thereof recoded in Volume 65 of Plats, pages 43 and 44; And except the North 30 feet thereof; And except the South 30 feet thereof conveyed to King County for street by deed recorded under Recording Number 2061160. Parcel B: The Southeast Quarter of the Northeast Quarter of Section 25, Township 25 North, Range 4 East, W. M., in King County, Washington; Except the North 30 feet of the West 30 feet thereof; Except the East 30 feet thereof conveyed to King County for street by Recording Number 1055861; And except the South 30 feet of the West 30 feet thereof conveyed to King County for street by deed recorded under Recording Number 2061160. Situate in the County of King, State of Washington. MAP WA Subdivision Guarantee Page 5 of 5 STEWART TITLE GUARANTY COMPANY 59 AGENDA ITEM 9.3 STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. . Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ß ß request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 File No.: 22000201033 Page 1 Revised 01-01-2020 60 AGENDA ITEM 9.3 Effective Date: January 1, 2020 Privacy Notice for California Residents Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), Stewart Information Services Corporation and its subsidiary companies (collectively, “Stewart”) are providing this Privacy Notice for California Residents (“CCPA Notice”). This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users and others who reside in the State of California or are considered California Residents (“consumers” or “you”). Terms used but not defined shall have the meaning ascribed to them in the CCPA. Information Stewart Collects Stewart collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Most of the information that Stewart collects in the course of its regular business is already protected pursuant to the Gramm-Leach-Bliley Act (GLBA). Additionally, much of this information comes from government records or other information already in the public domain. Personal information under the CCPA does not include: ü ü ü Publicly available information from government records. Deidentified or aggregated consumer information. Certain personal information protected by other sector-specific federal or California laws, including but not limited to the Fair Credit Reporting Act (FCRA), GLBA and California Financial Information Privacy Act (FIPA). Specifically, Stewart has collected the following categories of personal information from consumers within the last twelve (12) months: Category Examples Collected? A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES F. Internet or other similar network activity.Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES G. Geolocation data.Physical location or movements.YES H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.YES I. Professional or employment-related information. Current or past job history or performance evaluations.YES J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES File No.: 22000201033 Page 2 Revised 01-01-2020 61 AGENDA ITEM 9.3 Stewart obtains the categories of personal information listed above from the following categories of sources: ü ü ü Directly and indirectly from customers, their designees or their agents (For example, realtors, lenders, attorneys, etc.) Directly and indirectly from activity on Stewart’s website or other applications. From third-parties that interact with Stewart in connection with the services we provide. Use of Personal Information Stewart may use or disclose the personal information we collect for one or more of the following purposes: ü ü ü ü ü ü ü ü ü ü ü ü ü ü To fulfill or meet the reason for which the information is provided. To provide, support, personalize, and develop our website, products, and services. To create, maintain, customize, and secure your account with Stewart. To process your requests, purchases, transactions, and payments and prevent transactional fraud. To prevent and/or process claims. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. Auditing for compliance with federal and state laws, rules and regulations. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent in the course of your transaction (for example, a realtor or a lender). Stewart may disclose your personal information to a third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: ü ü ü ü ü Service providers and vendors (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) Affiliated Companies Litigation parties and attorneys, as required by law. Financial rating organizations, rating bureaus and trade associations. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information for a business purpose: Category A: Identifiers Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information Category E: Biometric Information Category F: Internet or other similar network activity Category G: Geolocation data Category H: Sensory data Category I: Professional or employment-related information Category J: Non-public education information Category K: Inferences Consumer Rights and Choices The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. File No.: 22000201033 Page 3 Revised 01-01-2020 62 AGENDA ITEM 9.3 Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: ü ü ü ü ü ü The categories of personal information Stewart collected about you. The categories of sources for the personal information Stewart collected about you. Stewart’s business or commercial purpose for collecting that personal information. The categories of third parties with whom Stewart shares that personal information. The specific pieces of personal information Stewart collected about you (also called a data portability request). If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. Deletion Request Rights You have the right to request that Stewart delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1.Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you 2.Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3.Debug products to identify and repair errors that impair existing intended functionality. 4.Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5.Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 6.Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. 7.Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8.Comply with a legal obligation. 9.Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either: ü Calling us Toll Free at 1-866-571-9270 ü Emailing us at Privacyrequest@stewart.com ü Visiting http://stewart.com/ccpa Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: ü ü Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. File No.: 22000201033 Page 4 Revised 01-01-2020 63 AGENDA ITEM 9.3 Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: ü ü ü ü Deny you goods or services. Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Changes to Our Privacy Notice Stewart reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on Stewart’s website and update the notice’s effective date. Your continued use of Stewart’s website following the posting of changes constitutes your acceptance of such changes. Contact Information If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone:Toll Free at 1-866-571-9270 Website:http://stewart.com/ccpa Email:Privacyrequest@stewart.com Postal Address:Stewart Information Services Corporation Attn: Mary Thomas, Deputy Chief Compliance Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: 22000201033 Page 5 Revised 01-01-2020 64 AGENDA ITEM 9.3 SUBDIVISION GUARANTEE ISSUED BY STEWART TITLE GUARANTY COMPANY Guarantee No.: G-6329-000008530 Fee:$350.00 Order No.:22000200630 Dated:July 06, 2022 Stewart Title Guaranty Company (the "Company"), guarantees the County of King and any City within which said subdivision is located in a sum not exceeding $1,000.00 that, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary shown on the map of the subdivision, the only parties having any record title interest in said land whose signatures are necessary, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication by said map as referred to in the guarantee. Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. Countersigned by: Stewart Title Guaranty Company 1420 Fifth Avenue, Suite 440 Seattle, WA 98101 Agent ID: 47H018 For coverage information or assistance resolving a complaint, call (800) 729-1902 or visit www.stewart.com. In writing this company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. File No.: 22000200630 WA Subdivision Guarantee Page 1 of 1 of Guarantee Serial No.: G-6329-000008530 65 AGENDA ITEM 9.3 SUBDIVISION GUARANTEE Prepared by: Stewart Title Guaranty Company 1420 Fifth Avenue, Suite 440 Seattle, WA 98101 Order Number: 22000200630 Guarantee No.: G-6329-000008530 Effective Date: July 06, 2022 at 8:00 AM Premium: $350.00 Sales Tax: $35.88 Total: $385.88 OWNERS:Overlake Golf and Country Club, a Washington nonprofit corporation LEGAL DESCRIPTION: The Northeast quarter of the Southeast quarter of Section 25, Township 25 North, Range 4 East, W.M., in King County, Washington; Except the East 30 feet thereof; Also except the South 30 feet thereof; Also except the West 30 feet thereof; Also except the North 350 feet of the South 380 feet of the West 700 feet of the East 730 feet thereof; Also except that portion thereof appropriated by the City of Medina for realignment of 80th Avenue Northeast between 8th Street and Northeast 12th Street by the City of Medina Ordinance No. 97, recorded under Recording No. 5248245. Situate in the City of Medina, County of King, State of Washington. MAP SUBJECT TO: 1. 2. General taxes: First half delinquent May 1; Second half delinquent November 1: Year:2022 Amount Billed:$51,606.30 Amount Paid:$25,803.15 Amount Due:$25,803.15, plus interest and penalty if delinquent Tax Account No.:252504-9020-05 Levy Code:1836 Land:$1,318,400.00 Improvements:$5,022,000.00 Note: King County Treasurer, 500 4th Avenue, 6th Floor Admin. Bldg., Seattle, WA 98104 (206) 263-2890 Web Address: hƩps://kingcounty.gov/depts/finance-business-operaƟons/treasury.aspx Current and/or advance personal property taxes that may become due. Please contact the King County Treasurer's office for further information. WA Subdivision Guarantee Page 1 of 5 STEWART TITLE GUARANTY COMPANY 66 AGENDA ITEM 9.3 3. 4. 5. 6. 7. 8. 9. 10. 11. Liability for sewer treatment capacity charges that may be assessed but not disclosed in the public records. Please contact the King County Capacity Charge Department for further information at 206-296-1450. Option to Purchase Agreement and the terms and conditions thereof: By and Between:Overlake Golf and Country Club, a Washington nonprofit corporation and Northwest Building Corporation, a Washington corporation Recorded:June 17, 1981 Recording No.:8106170388 Amendment and/or modification by instrument: Recorded:August 28, 2018 Recording No.:20180828000448 Memorandum of Lease: Lessor:Overlake Golf and Country Club, a Washington nonprofit corporation Lessee:US West Wireless, L.L.C., a Delaware limited liability company Recorded:November 4, 1999 Recording No.:19991104000104 Memorandum of Mater Prepaid Lease and Management Agreement: Lessor:T-Mobile West Tower LLC, a Delaware limited liability company Lessee:CCTMO LLC, a Delaware limited liability company Recorded:July 14, 2014 Recording No.:20140714000715 Unrecorded Lease: Lessor:Overlake Golf and Country Club, a Washington nonprofit corporation Lessee:Landmark Infrastructure Operating Company LLC, a Delaware limited liability company Disclosed By:Easement and Assignment of Lease Agreement Recorded:January 26, 2017 Recording No.:20170126001488 Amendment and/or modification by instrument: Recorded:January 30, 2019 Recording No.:20190130000908 Any other unrecorded leaseholds, right of vendors and holders of security interest on personal property installed upon said property, and right of tenants to remove trade fixtures at the expiration of the term. Easement and the terms and conditions thereof: Purpose:sanitary sewer line Affects:refer to said instrument Recorded:May 24, 1961 Recording No.:5287317 Terms and conditions of survey recorded February 6, 1974 under Recording Number 7402060452. Said Survey discloses but is not limited to the fences are not on the true lot lines. Matters disclosed by record of survey recorded August 14, 2000 under Recording Number 20000814900011. WA Subdivision Guarantee Page 2 of 5 STEWART TITLE GUARANTY COMPANY 67 AGENDA ITEM 9.3 12. 13. 14. 15. 16. 17. 18. 19. Easement and the terms and conditions thereof: Grantee:City of Medina Purpose:drainage facilities Affects:The description contained therein is not sufficient to determine its exact location within the property herein described. Recorded:December 26, 2000 Recording No.:20001226001330 Matters disclosed by record of survey recorded October 11, 2007 under Recording Number 20071011900007. Easement and the terms and conditions thereof: Grantee:Puget Sound Energy, Inc. Purpose:utility systems for sale of gas and electricity Affects:The description contained therein is not sufficient to determine its exact location within the property herein described. Recorded:December 24, 2007 Recording No.:20071224000087 Side Sewer Minimum Grade Release Request and the terms and conditions thereof: Recorded:March 25, 2008 Recording No.:20080325001393 Easement and the terms and conditions thereof: Grantee:City of Bellevue Purpose:water line Affects:refer to said instrument Recorded:May 21, 2008 Recording No.:20080521000637 Said easement has been partially released by instrument recorded under Recording No. 20210111000182 Side Sewer Minimum Grade Release and the terms and conditions thereof: Recorded:October 14, 2008 Recording No.:20081014000711 Easement and the terms and conditions thereof: Grantee:Landmark Infrastructure Operating Company, LLC, a Delaware limited liability company Purpose:telecommunication purposes and ingress and egress for maintenance and utility service Affects:a portion of said property Recorded:January 26, 2017 Recording No.:20170126001488 Amendment and/or modification by instrument: Recorded:January 30, 2019 Recording No.:20190130000908 Notice of Charges by Water, Sewer, and Storm & Surface Water Utilities and the terms and conditions thereof: Recorded:July 27, 2017 Recording No.:20170727001075 Said instrument is a re-recording of instrument recorded under Recording No. 9612200938. WA Subdivision Guarantee Page 3 of 5 STEWART TITLE GUARANTY COMPANY 68 AGENDA ITEM 9.3 20. 21. 22. 23. 24. Memorandum of Easement Agreement and the terms and conditions thereof: Recorded:January 30, 2019 Recording No.:20190130000904 Memorandum of Nondisturbance Agreement and the terms and conditions thereof: Recorded:January 30, 2019 Recording No.:20190130000905 Temporary Easement and the terms and conditions thereof: Grantee:St. Thomas School, a not for profit corporation Purpose:construction Affects:refer to said instrument Recorded:January 30, 2019 Recording No.:20190130000906 Utilities and Storm Water Easement Agreement and the terms and conditions thereof: Recorded:January 30, 2019 Recording No.:20190130000907 Easement and the terms and conditions thereof: Grantee:City of Bellevue Purpose:water purposes Affects:refer to said instrument Recorded:January 27, 2021 Recording No.:20210127001122 tc WA Subdivision Guarantee Page 4 of 5 STEWART TITLE GUARANTY COMPANY 69 AGENDA ITEM 9.3 SUBDIVISION GUARANTEE Order Number: 22000200630 Guarantee No.: G-6329-000008530 This Guarantee and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or opinion as to the marketability of title to the land. WA Subdivision Guarantee Page 5 of 5 STEWART TITLE GUARANTY COMPANY 70 AGENDA ITEM 9.3 STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. . Reasons we can share your personal information.Do we share Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. Yes No For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company Yes No For our affiliates' everyday business purposes— information about your creditworthiness.No We don't share For our affiliates to market to you — For your convenience, Stewart has developed a means for you to opt out from its affiliates marketing even though such mechanism is not legally required. Yes Yes, send your first and last name, the email address used in your transaction, your Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non-affiliates to market to you. Non-affiliates are companies not related by common ownership or control. They can be financial and non-financial companies. No We don't share We may disclose your personal information to our affiliates or to non-affiliates as permitted by law. If you request a transaction with a non-affiliate, such as a third party insurance company, we will disclose your personal information to that non-affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me about their practices? We must notify you about our sharing practices when you request a transaction. How do the Stewart Title Companies protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my personal information? We collect your personal information, for example, when you ß ß request insurance-related services provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit?Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1360 Post Oak Blvd., Ste. 100, Privacy Officer, Houston, Texas 77056 File No.: 22000200630 Page 1 Revised 01-01-2020 71 AGENDA ITEM 9.3 Effective Date: January 1, 2020 Privacy Notice for California Residents Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), Stewart Information Services Corporation and its subsidiary companies (collectively, “Stewart”) are providing this Privacy Notice for California Residents (“CCPA Notice”). This CCPA Notice supplements the information contained in Stewart’s existing privacy notice and applies solely to all visitors, users and others who reside in the State of California or are considered California Residents (“consumers” or “you”). Terms used but not defined shall have the meaning ascribed to them in the CCPA. Information Stewart Collects Stewart collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Most of the information that Stewart collects in the course of its regular business is already protected pursuant to the Gramm-Leach-Bliley Act (GLBA). Additionally, much of this information comes from government records or other information already in the public domain. Personal information under the CCPA does not include: ü ü ü Publicly available information from government records. Deidentified or aggregated consumer information. Certain personal information protected by other sector-specific federal or California laws, including but not limited to the Fair Credit Reporting Act (FCRA), GLBA and California Financial Information Privacy Act (FIPA). Specifically, Stewart has collected the following categories of personal information from consumers within the last twelve (12) months: Category Examples Collected? A. Identifiers.A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. YES B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES D. Commercial information.Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.YES E. Biometric information.Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. YES F. Internet or other similar network activity.Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES G. Geolocation data.Physical location or movements.YES H. Sensory data.Audio, electronic, visual, thermal, olfactory, or similar information.YES I. Professional or employment-related information. Current or past job history or performance evaluations.YES J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. YES K. Inferences drawn from other personal information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES File No.: 22000200630 Page 2 Revised 01-01-2020 72 AGENDA ITEM 9.3 Stewart obtains the categories of personal information listed above from the following categories of sources: ü ü ü Directly and indirectly from customers, their designees or their agents (For example, realtors, lenders, attorneys, etc.) Directly and indirectly from activity on Stewart’s website or other applications. From third-parties that interact with Stewart in connection with the services we provide. Use of Personal Information Stewart may use or disclose the personal information we collect for one or more of the following purposes: ü ü ü ü ü ü ü ü ü ü ü ü ü ü To fulfill or meet the reason for which the information is provided. To provide, support, personalize, and develop our website, products, and services. To create, maintain, customize, and secure your account with Stewart. To process your requests, purchases, transactions, and payments and prevent transactional fraud. To prevent and/or process claims. To assist third party vendors/service providers who complete transactions or perform services on Stewart’s behalf. As necessary or appropriate to protect the rights, property or safety of Stewart, our customers or others. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. To personalize your website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law). To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business. To respond to law enforcement or regulator requests as required by applicable law, court order, or governmental regulations. Auditing for compliance with federal and state laws, rules and regulations. Performing services including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services or other similar services. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred. Stewart will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice. Disclosure of Personal Information to Affiliated Companies and Nonaffiliated Third Parties Stewart does not sell your personal information to nonaffiliated third parties. Stewart may share your information with those you have designated as your agent in the course of your transaction (for example, a realtor or a lender). Stewart may disclose your personal information to a third party for a business purpose. Typically, when we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties: ü ü ü ü ü Service providers and vendors (For example, search companies, mobile notaries, and companies providing credit/debit card processing, billing, shipping, repair, customer service, auditing, marketing, etc.) Affiliated Companies Litigation parties and attorneys, as required by law. Financial rating organizations, rating bureaus and trade associations. Federal and State Regulators, law enforcement and other government entities In the preceding twelve (12) months, Stewart has disclosed the following categories of personal information for a business purpose: Category A: Identifiers Category B: California Customer Records personal information categories Category C: Protected classification characteristics under California or federal law Category D: Commercial Information Category E: Biometric Information Category F: Internet or other similar network activity Category G: Geolocation data Category H: Sensory data Category I: Professional or employment-related information Category J: Non-public education information Category K: Inferences Consumer Rights and Choices The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. File No.: 22000200630 Page 3 Revised 01-01-2020 73 AGENDA ITEM 9.3 Access to Specific Information and Data Portability Rights You have the right to request that Stewart disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, Stewart will disclose to you: ü ü ü ü ü ü The categories of personal information Stewart collected about you. The categories of sources for the personal information Stewart collected about you. Stewart’s business or commercial purpose for collecting that personal information. The categories of third parties with whom Stewart shares that personal information. The specific pieces of personal information Stewart collected about you (also called a data portability request). If Stewart disclosed your personal data for a business purpose, a listing identifying the personal information categories that each category of recipient obtained. Deletion Request Rights You have the right to request that Stewart delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, Stewart will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Stewart may deny your deletion request if retaining the information is necessary for us or our service providers to: 1.Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you 2.Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 3.Debug products to identify and repair errors that impair existing intended functionality. 4.Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 5.Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.). 6.Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent. 7.Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 8.Comply with a legal obligation. 9.Make other internal and lawful uses of that information that are compatible with the context in which you provided it. Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us either: ü Calling us Toll Free at 1-866-571-9270 ü Emailing us at Privacyrequest@stewart.com ü Visiting http://stewart.com/ccpa Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact Stewart through one of the methods mentioned above. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: ü ü Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Stewart cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with Stewart. Response Timing and Format We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. A written response will be delivered by mail or electronically, at your option. File No.: 22000200630 Page 4 Revised 01-01-2020 74 AGENDA ITEM 9.3 Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. Stewart does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. Non-Discrimination Stewart will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: ü ü ü ü Deny you goods or services. Charge you a different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. Provide you a different level or quality of goods or services. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Changes to Our Privacy Notice Stewart reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on Stewart’s website and update the notice’s effective date. Your continued use of Stewart’s website following the posting of changes constitutes your acceptance of such changes. Contact Information If you have questions or comments about this notice, the ways in which Stewart collects and uses your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone:Toll Free at 1-866-571-9270 Website:http://stewart.com/ccpa Email:Privacyrequest@stewart.com Postal Address:Stewart Information Services Corporation Attn: Mary Thomas, Deputy Chief Compliance Officer 1360 Post Oak Blvd., Ste. 100, MC #14-1 Houston, TX 77056 File No.: 22000200630 Page 5 Revised 01-01-2020 75 AGENDA ITEM 9.3 76 AGENDA ITEM 9.3 77 AGENDA ITEM 9.3 78 AGENDA ITEM 9.3 79 AGENDA ITEM 9.3 80 AGENDA ITEM 9.3 81 AGENDA ITEM 9.3 82 AGENDA ITEM 9.3 83 AGENDA ITEM 9.3 84 AGENDA ITEM 9.3 85 AGENDA ITEM 9.3 86 AGENDA ITEM 9.3 87 AGENDA ITEM 9.3 88 AGENDA ITEM 9.3 89 AGENDA ITEM 9.3 90 AGENDA ITEM 9.3 91 AGENDA ITEM 9.3 92 AGENDA ITEM 9.3 93 AGENDA ITEM 9.3 94 AGENDA ITEM 9.3 95 AGENDA ITEM 9.3 96 AGENDA ITEM 9.3 97 AGENDA ITEM 9.3 98 AGENDA ITEM 9.3 99 AGENDA ITEM 9.3 100 AGENDA ITEM 9.3 101 AGENDA ITEM 9.3 102 AGENDA ITEM 9.3 103 AGENDA ITEM 9.3 104 AGENDA ITEM 9.3 105 AGENDA ITEM 9.3 106 AGENDA ITEM 9.3 107 AGENDA ITEM 9.3 108 AGENDA ITEM 9.3 109 AGENDA ITEM 9.3 110 AGENDA ITEM 9.3 111 AGENDA ITEM 9.3 112 AGENDA ITEM 9.3 113 AGENDA ITEM 9.3 114 AGENDA ITEM 9.3 115 AGENDA ITEM 9.3 116 AGENDA ITEM 9.3 117 AGENDA ITEM 9.3 118 AGENDA ITEM 9.3 119 AGENDA ITEM 9.3 120 AGENDA ITEM 9.3 121 AGENDA ITEM 9.3 122 AGENDA ITEM 9.3 123 AGENDA ITEM 9.3 124 AGENDA ITEM 9.3 125 AGENDA ITEM 9.3