INTRODUCTION AND SUMMARY The parties t the Transactin t which this Reprt applies ( Parties ) are the wner f the Residential Prperty n the Reprt Date ( Seller ), the buyer f the Residential Prperty under cntract f sale as f the Reprt Date ( Buyer ) and their respective licensed real estate agents ( Agents ). Our cmpany and the Parties are the parties t the cntract that is entered int by the purchase f this Reprt. The Residential Prperty: SUMMARY OF DETERMINATIONS IS X IS NOT. IS X IS NOT. within 1/4 mile f a knwn leaking undergrund strage tank Site(s). within ne (1.0) mile f a "Superfund" r RCRA Crrective Actin site(s). IS IS NOT X. within 1/2 mile f Site(s) ther than thse abve that are listed in the databases specified in the Explanatin f Databases Used in this Reprt. IS X IS NOT. within 1/4 mile f a mapped il r gas well(s). Fr mre detailed infrmatin as t the freging determinatins, please read this entire reprt. Our cmpany prepared this Reprt. The Parties are prtected by ur Prfessinal Liability Insurance Plicy fr damages t the extent they are caused by ur negligent acts, errrs r missins in the perfrmance f ur services and subject t the limitatins f this reprt. Determined by FANHD / JCP-LGS Disclsures Reprts, LLC. Greg Rufe, Chief Operating Officer IMPORTANT: ACKNOWLEDGING RECEIPT OF THIS REPORT INDICATES THAT THE RECIPIENT HAS READ AND UNDERSTANDS THE "ABOUT THIS REPORT" PROVISIONS ON PAGE 2 OF THE ENVIROCHECK. BUYER S ACKNOWLEDGEMENT Buyer(s) acknwledge(s) receipt f this EnvirCheck Reprt by his/her/their signature(s) n the Acknwledgement f Receipt frm that is a part f this reprt package. ENVIROCHECK REPORT - Page 1 f 15
ABOUT THIS REPORT THIS IS A DATABASE REPORT ONLY: This Reprt nly prvides infrmatin frm the Databases identified in this Reprt. While we have made gd faith effrts t reprt frm the Databases as accurately as pssible, the quality, accuracy, and currency f the infrmatin cntained in these Databases can vary greatly. Fr mre infrmatin regarding a specific Database, please read the sectin belw entitled Explanatin f Databases Used. NOT AN INSPECTION REPORT: This Reprt is nt the same thing as a physical inspectin reprt r a full envirnmental assessment reprt. We have nt physically inspected the Residential Prperty nr the Sites. This Reprt nly summarizes the infrmatin frm gvernmental Databases using the Pint Surce methdlgy described belw t determine the prximity f Sites t the Residential Prperty. LIABILITY PROTECTIONS: Upn purchase f this reprt and cnsummatin f the sale f the Residential Prperty t Buyer ( Sale Date ), the Parties invlved in that sale are prtected against lss caused by any errr in this Reprt as specified in the sectin belw entitled Methds and Limitatins. NOT AN INSURANCE POLICY: This Reprt is a binding cntract but is nt an insurance plicy. The price charged fr the Reprt des nt cver the csts that wuld be necessary t prvide all f the prtectins f an insurance plicy. UNDERSTANDING THIS REPORT: T understand the infrmatin in this Reprt, it is imprtant t read the entire Reprt. POINT SOURCE METHODOLOGY: This Reprt des nt identify the precise areas actually cntaminated by an envirnmental hazard; rather, as a reasnable apprximatin, it identifies as pint surces fr cntaminatin thse Sites identified in a specific Database, such as a leaking undergrund tank n a specific prperty. The pint surces identified in this Reprt may nt precisely reflect the lcatin f the surce f cntaminatin n the Site, nr will they describe the spread f any cntaminatin frm the surce. In additin, any pint surce that lies beynd the standard 1/4, 1/2 r 1.0 mile radius distances cnsidered here will nt be reflected in this Reprt--even if it is knwn t be the rigin f a larger cntaminated area. Pint surces are included in this Reprt as f the time they are identified in the gvernment lists cnsulted by us. If a bx is checked IS n the abve Summary f Determinatins, we recmmend further investigatin f that Site. Sme fficial lists may include Sites that have been clsed r therwise cleaned up, r are simply being mnitred r regulated with n knwn cntaminatin. ENVIROCHECK REPORT - Page 2 f 15
THE ENVIROCHECK REPORT TABLE OF CONTENTS This Reprt includes the sectins identified in this Table f Cntents and is nt cmplete if any ne f these parts is missing. Sectins Intrductin & Summary Summarizes the envirnmental Database search results. 1 PAGE Abut this Reprt Prvisins defining the scpe and purpse f this reprt. 2 Table f Cntents. 3 Site Map Map f Sites fund in the gvernment recrds search...... 4 Site List List f Databases searched and cntaminated r ptentially cntaminated Sites fund t be within specified distances f the Residential Prperty... Unlcatable Sites List f Sites missing key lcatin infrmatin..... 7 Oil & Gas Wells Oil and Gas Well Lcatins within 1/4-mile f Prperty... 8-9 Explanatin f the Databases Used Guide t Envirnmental Hazards Methds and Limitatins Descriptin f the envirnmental Databases frm which this Reprt was prepared... 10-12 Explanatin f envirnmental hazard issues (available nline)... 12 Explanatin f the Methds and Limitatins in this Reprt.. 13-15 5-6 ENVIROCHECK REPORT - Page 3 f 15
MAP OF SITES FOUND AROUND PROPERTY AT: 123 ANY STREET, ANY CITY, CA NOTE: The freging map shws all sites within the square cverage area, while the listing belw reprts nly thse sites fund within the standard search distances (red circles) fr the databases listed, which may include fewer sites. The standard search distances are defined by the U.S. Envirnmental Prtectin Agency's "All Apprpriate Inquiries" (AAI) guidelines. The AAI standard search distance differs between database categries, depending upn degree f ptential hazard. Fr each database categry, the standard search distance used is nted belw and in the sectin called "Explanatin f Databases Used". A site where multiple incidents (cases) are listed belw will appear n the map as a single symbl. (NPL) Federal Natinal Pririties List r "Superfund" sites (RCRA COR) Crrective Actin Sites, with knwn cntaminatin (LUST) Leaking Undergrund Strage Tanks (SWIS) Slid Waste Landfill Facilities (SLIC) Spills, Leaks, Investig. & Cleanup State Respnse Sites Oil r Gas Well ENVIROCHECK REPORT - Page 4 f 15
LIST OF SITES IDENTIFIED IN ENVIRONMENTAL DATABASE RECORDS SEARCH The list belw indicates the results f an electrnic search f certain federal and state level envirnmental-hazard recrd systems, r databases, that are knwn t include cntaminated sites. The databases are searched fr hazard sites at standard distances frm the subject prperty. The standard search distance is nt the same fr all databases, but depends upn the nature f the envirnmental hazard which the database represents. First American uses search distances that cmply with the U.S. Envirnmental Prtectin Agency (EPA) "All Apprpriate Inquiry" (AAI) standard fr gvernment recrds search (40 CFR Part 312.26) under the U.S. Small Business Liability Relief and Revitalizatin Act ("the Brwnfields Law"). "Distance" is the straight line distance in miles between the Prperty gecde (latitude/lngitude) and the Site gecde. N/D = N Data prvided in field by surce agency. Fund Nne Fund Database Searched (with standard search distance). X. Natinal Pririties List (Federal "Superfund" list) -- 1.0 mile X.. Federal Resurce Cnservatin and Recvery Act (RCRA) - Crrective Actin List -- 1.0 mile Listed Site Name Address Case N. Status Distance (miles) Naval Base Pint Lma - Fleet Industrial Supply Center (FISC)- Fuel Facility - RECLAMATION PLANT 1199 IDAHO ST ANY CITY, CA 92106 CA117009 0012 N/D 0.811449. X. Califrnia State Respnse List (includes Active Annual Wrkplan, AWP, sites) -- 1/2-mile. X. Califrnia Spills, Leaks, Investigatin and Cleanup (SLIC) List -- 1/2-mile. X. Califrnia Slid Waste Landfill Sites (SWIS) List -- 1/2-mile X.. Califrnia Leaking Undergrund Strage Tank (LUST) List (see Status explanatin belw) -- 1/4-mile Listed Site Name Address Case N. Status Distance (miles) THAO AUTO REPAIR 98 ANY ST, ANY CITY, CA 92103 CA117009 0012 3B - Preliminary Site Assessment Underway 0.054018 THAO AUTO REPAIR 98 ANY ST, ANY CITY, CA 92103-360 CAD0091 10867 3B - Preliminary Site Assessment Underway 0.054018 ENVIROCHECK REPORT - Page 5 f 15
WELLS FARGO BANK 241 ANY ST, ANY CITY, CA 92103 CA289001 2923 9 - Case Clsed 0.081539 SEARS ROEBUCK & CO. 1290 CLEVELAND AV ANY CITY, CA 921033302 CAD9808 87418 9 - Case Clsed 0.129428 7-ELEVEN FOOD STORE #20551 1602 UNIVERSITY AV ANY CITY, CA 92103 CAD0665 62521 9 - Case Clsed 0.202884 WHAT THIS MEANS: LUST STATUS: LUST sites are als knwn as LUFT, r Leaking Undergrund Fuel Tank, sites; we use the term LUST t be cnsistent with the State's current terminlgy. All f the Sites listed n the State s Leaking Undergrund Strage Tank Infrmatin System (LUSTIS) have been identified t have had a leaking strage tank. Many f LUST Sites have been cleaned up and the cases "Clsed", and this is nted abve if it is the case. Parties shuld be aware that LUST sites remain in the LUSTIS database even after they have been clsed, and are included in this reprt if fund by ur search. Leaking undergrund strage tanks are the mst cmmn type f cntaminatin. Strage tank leaks are ften less extensive than ther types f cntaminatin releases and usually d nt extend beynd the real prperty n which the tank is lcated. Fr mre infrmatin abut such sites, please cntact the State Water Resurces Cntrl Bard, Leaking Undergrund Strage Infrmatin System, (916) 341-5740 r (916) 341-5700. ENVIROCHECK REPORT - Page 6 f 15
SITES MISSING KEY LOCATION INFORMATION A significant number f listed Sites cntain address infrmatin that is inaccurate, incrrect, r is missing key infrmatin necessary t lcate the Sites with cnfidence using the gecding methds used in this reprt. These "unlcated" Sites are reprted in the generalized list belw fr review based n their pssible prximity t the Residential Prperty. Sites in this sectin are nt necessarily within a ne mile search radius f the Residential Prperty. This list is prvided fr general infrmatin nly. NOTE: The cmplete list f unlcated Sites is many tens f pages in length, and the table belw is limited t 100 sites in rder t cnserve space. If the user wishes t btain a cmplete list, please cntact ur Custmer Service Desk and request a cpy. N/D = N Data prvided in field by surce agency. Active = Site underging clean-up r investigatin. Clsed = Clean-up cmpleted. Site Name Address Status Database NAS NORTH ISLAND MIXED WASTE STORAGE * NAVAL SUBMARINE BASE-POINT LOMA COMPLEX NAVAL ST (32ND ST) NAVAL BASE ANY CITY NAVAL AIR STATION, NORTH ISLAND NAVAL AMPHIBIOUS BASE- CORONADO NAVAL STATION ANY CITY MCAS MIRAMAR POINT LOMA COMPLEX (SPAWAR- PLC) CAMP ELLIOTT-J09CA0067 NORTH ISLAND NAVAL AIR STATION ANY CITY MARINE CORPS RECRUIT DEPOT ANY CITY NAVAL STATION - SITE 12 ANY CITY NAVAL TRAINING CENTER (NTC) (BRAC) N/D ACTIVE FED_RCRA N/D CLOSED FED_RCRA N/D CLOSED FED_RCRA N/D CLOSED FED_RCRA NAVAL AMPHIBIOUS BASE, CORONADO ANY ACTIVE CA_DTSC_RESPO CITY, CA 92155 ANY CITY BAY, 113 NAVAL BASE 610 ANY CITY, ACTIVE CA_DTSC_RESPO CA 92136 OFF OF MIRAMAR BOULEVARD ANY CITY, CA ACTIVE CA_DTSC_RESPO 92136 SYLVESTER & HUMPHRIES ANY CITY, CA 92152 ACTIVE CA_DTSC_RESPO NORTHERN PORTION OF ANY CITY, ANY CITY, ACTIVE CA_DTSC_RESPO CA 92103 2520 ACRES; ADJACENT TO CORONADO, ANY ACTIVE CA_DTSC_RESPO CITY, CA 92135 400 ACRES; LOCATED ON ANY CITY BAY, ANY REFER: RWQCB CA_DTSC_RESPO CITY, CA 92147 ANY CITY BAY, 113 NAVAL BASE 610 ANY CITY, CERTIFIED CA_DTSC_RESPO CA 92136 500 ACRES; NORTH OF ANY CITY BAY, ANY REFER: RWQCB CA_DTSC_RESPO CITY, CA 92133 ENVIROCHECK REPORT - Page 7 f 15
OIL & GAS WELL LOCATIONS WITHIN 1/4 MILE OF THE RESIDENTIAL PROPERTY Buyer shuld be aware that ne r mre il and/r gas well lcatins exist within a radius f ne-furth (1/4) f ne (1) mile f the Residential Prperty, based n a search f valid gegraphic crdinates cntained in the current Statewide Well Lcatin Database maintained by the Califrnia Department f Cnservatin, Divisin f Oil, Gas and Gethermal Resurces (DOGGR) ( Well Lcatin Database ). Health and safety hazards may be assciated with il and gas wells, whether active r nt, including, but nt limited t, sil and grundwater cntaminatin, il and methane seeps, fire hazards, air quality prblems, and physical safety hazards t humans and animals. Buyer is advised that additinal wells may exist in the area f the Residential Prperty which are nt cntained in the Well Lcatin Database. As explained belw, wells that d nt have valid gegraphic crdinates in the Well Lcatin Database are nt disclsed in this Reprt. The physical prperty bundaries f well lcatins and the Residential Prperty are nt factred int the calculatin f the specified search radius. ADVISORY: If an abandned well that has nt been safely plugged exists n a prperty, the landwner may be subject t additinal csts fr "re-abandnment" f the well in cmpliance with current State laws and regulatins. The State ffers supprt fr the re-abandnment csts fr qualifying wells, hwever that supprt is limited. WELL STATUS DESCRIPTORS: Idle -- used intermittently. Abandned / Plugged and Abandned -- well has been sealed under state supervisin. Orphan -- well has been deserted and has n knwn respnsible peratr. Well API Number Well Operatr Status Cde and Descriptin 11104271 Mbil Oil Crp 014 plugged and abandned 11105435 Star Petrleum Cmpany 006 plugged and abandned 11104935 Aera Energy LLC 002 idle NOTE: The DOGGR des nt use Assessr Parcel Number r site address t identify well lcatins. See next page fr mre infrmatin abut determining well prximity t a specific prperty. EXPLANATION: The Well Lcatin Database includes 193,000+ well lcatin recrds. Apprximately ninety-five percent (95%) f these recrds include a cmplete latitude and lngitude gecde (gegraphic crdinates) making the well lcatable. The remaining Well Lcatin Database recrds lack a valid gecde and are, therefre, nt lcatable sufficient t allw a prperty-specific determinatin. This database is searched fr well lcatins within ne-furth (1/4) f ne (1) mile arund the gecded pint representing the Residential Prperty. Well lcatins, if any, within the specified parameters are listed in the table abve. Califrnia has established laws with respect t well drilling, peratin, maintenance, and abandnment t prevent, as far as pssible, damage t life, health, prperty, and natural resurces; damage t undergrund il and gas depsits frm infiltrating water and ther causes; lss f il, gas, r reservir energy, and damage t undergrund and surface waters suitable fr irrigatin r dmestic purpses by the infiltratin f, r the additin f, detrimental substances. (Califrnia Public Resurces Cde 3106). Of the 193,000+ wells identified in the Well Lcatin Database, apprximately 88,000 are still in use. The remaining wells (1) are used intermittently ("idle" wells), (2) have been sealed ("abandned" r "plugged and abandned") under the supervisin f the DOGGR, r (3) have been deserted and have n knwn respnsible peratr (referred t as "rphan" wells). ENVIROCHECK REPORT - Page 8 f 15
The DOGGR is respnsible fr maintenance f rphaned wells. T defray the maintenance csts, il cmpanies pay the State 4.3 cents per barrel a year. A prtin f this assessment funds the Orphan Well Plugging Fund ( Fund ) with an annual $1 millin budget. Since its inceptin in the 1970 s, the Fund has facilitated the plugging f wells by hired cntractrs. The selectin prcess fr wells t be plugged cnsiders numerus factrs including, but are nt limited t, the prximity f wells t ppulated areas, the amunt f pressure in well reservirs, and ther hazards. Fr a cmplete listing and explanatin f well status cdes, visit the fllwing DOGGR web page: http://www.cnservatin.ca.gv/dg/maps/pages/gt_welllcatin.aspx FOR MORE INFORMATION: Ownership infrmatin f il, gas, mineral, gethermal and ther subsurface rights regarding the Residential Prperty may be disclsed in a preliminary (title) reprt r title cmmitment. The DOGGR des nt use the Cunty Assessr Parcel Number r site address t lcate wells r leases, and therefre, the APN and address cannt be used t determine if there is a well n a specific prperty. The nly way t tell if there is a well n a prperty is t cmpare the prperty lcatin with well lcatins n the apprpriate DOGGR ilfield map (available nline at http://www.cnsrv.ca.gv/dg/ ), r cntact the DOGGR lcal district ffice at (916) 445-9686 fr assistance. Fr detailed infrmatin abut a specific well, reference the unique "API Number" that the DOGGR has assigned t it. The DOGGR website prvides an nline well search by API number at the fllwing web page: http://pi.cnsrv.ca.gv/pi/pi.dll ENVIROCHECK REPORT - Page 9 f 15
EXPLANATION OF THE DATABASES USED IN THIS REPORT This Reprt uses the fllwing Databases as f the date specified: 1. NATIONAL PRIORITIES LIST ("NPL" - cmmnly called "Superfund" r "CERCLIS" site list) as f May 14, 2008. The Natinal Pririties List is a U.S. Envirnmental Prtectin Agency ( USEPA ) database which includes Sites where knwn releases r threatened releases f hazardus substances, pllutants, r cntaminants have ccurred. As a part f the Superfund cleanup prgram, the NPL helps the USEPA determine which Sites warrant further investigatin t assess human health and envirnmental risks, identify what remedial actins may be apprpriate, ntify the public f Sites believed t warrant further investigatin, and serve ntice t ptentially respnsible parties that the USEPA may initiate remedial actin. Sme NPL Sites encmpass relatively large areas. Search Distance: ne (1.0) mile. Respnsible Agency: USEPA Public Recrd: Facilities lcated in Califrnia listed as NPL Status cde "A" (Site is Part f NPL Site), "D" (Deleted frm the Final NPL), "F" (Currently n the Final NPL), "P" (Prpsed fr NPL), "R" (Remved frm Prpsed NPL), r "W" (Withdrawn) in the Regin IX Active CERCLIS database btained frm USEPA. Facilities assigned NPL Status cde "N" (Nt n the NPL) are nt disclsed in this Reprt. Fr Mre Infrmatin: Cntact the Envirnmental Prtectin Agency Superfund Htline at (800) 424-9346 t speak with a Superfund cnsultant t request infrmatin frm the individual Site Fact Sheet. This help-line can als prvide the telephne number f the lcal Cmmunity Relatins Crdinatr fr the Site in questin and the lcatin f the lcal infrmatin repsitry fr that Site. The USEPA s fficial Internet website address is www.epa.gv/superfund/sites/npl/ca.htm 2. RESOURCE CORVATION & RECOVERY ACT--CORRECTIVE ACTION list ("RCRA-CORR") as f July 1, 2008. RCRA (prnunced "ric-ra") is a federal law enfrced by the U.S. Envirnmental Prtectin Agency ( USEPA ) that requires safeguards n the use and dispsal f husehld, municipal, cmmercial and industrial refuse. The gals f the law are t prtect human health and the envirnment frm the ptential hazards f waste dispsal, t reduce the amunt f waste generated, and t ensure that wastes are managed in an envirnmentally sund manner. Under the Crrective Actin prgram, the USEPA permits and mnitrs the cleanup f hazardus waste cntaminatin. Search Distance: ne (1.0) mile. Respnsible Agency: USEPA Public Recrd: Facilities listed as cde "Y" under "Subject t Crrective Actin" in the RCRAInf Public Flat File database "HREPORT_UNIV3.TXT.GZ" btained frm USEPA. Fr Mre Infrmatin: Cntact the Envirnmental Prtectin Agency at (800) 424-9346 t speak with a cnsultant t request infrmatin frm the individual Site Fact Sheet. The USEPA s fficial Internet website address is: www.epa.gv/superfund/sites/npl/ca.htm 3. CALIFORNIA STATE RESPO list as f July 30, 2008. The State Respnse list, a part f Califrnia's "Envirstr" database, identifies sites f cnfirmed hazardus materials releases where the Department f Txic Substances Cntrl ("DTSC") is invlved in cleanup activities, either in a lead r versight capacity. These cnfirmed release sites are generally high-pririty and high ptential risk, accrding t the DTSC. The State Respnse list includes the sites frmerly cntained in the "Active Annual Wrkplan (AWP)" list. Search Distance: 1/2 mile. Respnsible Agency: State EPA/DTSC Public Recrd: Sites listed as "State Respnse" under "Site_Facility_Type" in the EnvirStr Cleanup Sites database btained frm the Department f Txic Substances Cntrl. Please nte that a given Site may have mre than ne recrd if the Site has mre than ne activity Status r EnvirStr ID assigned t it. Fr Mre Infrmatin: Cntact the State Envirnmental Prtectin Agency Department f Txic Substances Cntrl at: (916) 323-3400 ENVIROCHECK REPORT - Page 10 f 15
4. SPILLS, LEAKS, INVESTIGATION & CLEANUP list ("SLIC") as f July 1, 2008. The Califrnia SLIC Prgram versees sil and water investigatins, crrective actins, and assessments at Sites with current r histric unauthrized discharges and cvers all types f pllutants (such as slvents, petrleum fuels, heavy metals, pesticides, etc.). As f January 1, 2005, all SLIC data is required t be submitted t the Getracker database f the State Water Resurces Cntrl Bard ("SWRCB"). Infrmatin n individual Sites may be available nline at www.getracker.waterbards.ca.gv. Please nte that accrding t the SWRCB, data is underging data cleanup and may cntain errrs. Search Distance: 1/2 mile. Respnsible Agency: SWRCB Public Recrd: Sites listed in the "slicexprt.txt" database btained frm the State Water Resurces Cntrl Bard GeTracker website. Fr Mre Infrmatin: Fr details abut a particular site, please visit GeTracker at www.getracker.waterbards.ca.gv Using the Identifier tl and clicking n the site n the graphic map interface, yu can access a reprt that includes the case number and cntact telephne number fr the agency with mre infrmatin n this site. If yu knw case number, yu may access the recrd using Case Finder at http://www.getracker.waterbards.ca.gv/search/casesearch.htm 5. SOLID WASTE INFORMATION SYSTEM list ("SWIS") as f July 30, 2008. Slid waste landfill sites vary frm state t state and may include active landfills, inactive landfills, incineratrs, transfer statins, recycling facilities, and ther facilities where slid waste is treated r stred. The Califrnia Integrated Waste Management Bard ("CIWMB") tracks such Sites via its Slid Waste Infrmatin System database. SWIS cntains infrmatin n facility type, regulatry and peratinal status, type f wastes received, and lcal enfrcement actins. Please nte that these Sites are simply regulated facilities and are nt classified as being cntaminated by the Bard. Search Distance: 1/2 mile. Respnsible Agency: CIWMB Public Recrd: Sites listed in the "SwisGis.txt" database btained frm the Califrnia Integrated Waste Management Bard Slid Waste Infrmatin System website. Fr Mre Infrmatin: Cntact the Bard's "Slid Waste Infrmatin Center" at (916) 341 6320 and ask fr the Assciate Waste Management Specialist wh shuld be able t answer sme limited general questins. Fr mre infrmatin, please cntact the CIWMB in Sacrament r visit www.ciwmb.ca.gv/swis/search.asp#download n the Internet. 6. LEAKING UNDERGROUND STORAGE TANK list ("LUST") per GEIMS/GeTracker Infrmatin Management System as f July 1, 2008. The LUST database is als knwn as the "LUFT" database because it includes recrds f leaking undergrund fuel tanks. LUSTs may be a significant surce f sil and grundwater cntaminatin. The State Water Resurces Cntrl Bard ("SWRCB") maintains a database f LUSTs knwn as the Leaking Undergrund Strage Tank Infrmatin System ("LUSTIS") which was recently supplanted by the statewide GEIMS/GeTracker infrmatin management system. LUSTIS cntains the lcatins f all reprted LUSTs, as well as the cntents and status f the LUSTs. Search Distance: 1/4 mile. Respnsible Agency: SWRCB Public Recrd: Sites listed in the "fuelexprt.txt" database btained frm the State Water Resurces Cntrl Bard GeTracker website. Fr Mre Infrmatin: Fr general questins, telephne the State Water Resurces Cntrl Bard's Clean Water Desk in Sacrament at (866) 480-1028. Infrmatin n specific Sites is available at www.swrcb.ca.gv r visit their fficial Internet site at www.getracker.waterbards.ca.gv ENVIROCHECK REPORT - Page 11 f 15
7. CALIFORNIA STATEWIDE WELL LOCATION DATABASE as f July 29, 2008. The Califrnia Divisin f Oil, Gas, and Gethermal Resurces, Califrnia Department f Cnservatin ("DOC"), maintains a database f il, gas and gethermal wells in the state. The database includes 193,000+ wells, f which abut 88,000 are still in use. The remaining wells (1) are used intermittently ("idle" wells), (2) have been sealed ("abandned" r "plugged and abandned") under the supervisin f the DOC's Divisin f Oil, Gas and Gethermal Resurces, r (3) have been deserted and have n knwn respnsible peratr (referred t as "rphan" wells). Search Distance: 1/4 mile. Respnsible Agency: State Department f Cnservatin Public Recrd: Well lcatins listed in the Statewide Well Lcatin Database btained frm the Department f Cnservatin, Divisin f Oil, Gas and Gethermal Resurces. Fr Mre Infrmatin: Cntact the State Department f Cnservatin, Divisin f Oil, Gas and Gethermal Resurces at: (916) 445-9686. WANT MORE INFORMATION? There is n single gvernment agency that handles infrmatin fr all cntaminated Sites. Multiple agencies are respnsible fr rganizing clean-up effrts at different types f Sites. Each generally maintains files n the Sites they versee with infrmatin n the type and extent f cntaminatin, clean-up effrts etc. There is als the pssibility that the file may have n additinal infrmatin. Fr general infrmatin, refer t the discussins in this reprt. If yur questin isn t answered there, call ur Custmer Service Desk. We will try and answer them fr yu. In the list f databases abve, there is the name and telephne number f the agency verseeing that site. Agencies are limited t answering general questins. NOTE! Additinal infrmatin n a site may be limited and the gvernment agency yu cntact will nt venture pinins. Hw t Obtain Generalized Envirnmental Infrmatin Brchures published by the Envirnmental Prtectin Agency (EPA) are a gd surce f general infrmatin. Cunty health departments may have a health and safety fficer r a "hazmat" (hazardus materials) specialist that can answer general questins als. The telephne number fr the lcal Department f Health shuld be listed in the telephne bk. Envirnmental Prtectin Agency Drinking Water Htline: (800) 426-4791 Federal Envirnmental Prtectin Agency Public Infrmatin Office: (866) 372-9378 Califrnia Envirnmental Prtectin Agency: (916) 445-3846 BACKGROUND ABOUT ENVIRONMENTAL HAZARDS We prvide a cnsumer guide titled, "Guide t Envirnmental Hazards", as a supplement t this EnvirCheck reprt. This "plain-english" supplement discusses and explains envirnmental hazards and what they mean fr residential prperty transactins. The guide may be freely dwnladed (as a PDF dcument) and printed frm ur website at the fllwing address: http://www.fanhd.cm/prtals/0/fanhd/pdf/fanhd_guide_t_envirnmental_hazards.pdf ENVIROCHECK REPORT - Page 12 f 15
METHODS AND LIMITATIONS -- PLEASE READ! As in all studies and reprts, there are limitatins in this Reprt. This Part will summarize (a) the methds used in creating this Reprt, (b) the limitatins with respect t the data and the gvernment site lists ( Databases ), and (c) the respnsibilities and liabilities f ur cmpany under this Reprt. Please read this Part carefully s yu understand the limitatins n this Reprt and ur respnsibilities. A. LIMITATIONS ON DATABASE INFORMATION We have accurately reprted the infrmatin in the Databases as f the Database Dates. With respect t the Databases, it is imprtant t understand that: The Databases may nt be accurate, current, fully detailed, r cmplete. A parcel f real prperty may be affected by cntaminatin r envirnmental hazards that have nt been identified n any f the Databases. A Database may nt cntain sufficient infrmatin t lcate a particular parcel f prperty. Changes may have ccurred in the Databases since the Database Date specified abve. There may be ther gvernmental databases with relevant infrmatin which are nt included in this Reprt. B. WE DO NOT CONSTANTLY CHECK DATABASES FOR CHANGES Each Database used in this Reprt is updated by the Respnsible Agency at varius intervals. Updates fr a Database are determined by the Respnsible Agency and may be made at any time and withut ntice. We maintain an update schedule and makes reasnable effrts t use updated infrmatin but it cannt feasibly d s n a cnstant basis, and the cmplexities f btaining and adapting the data int a usable frmat fr preparing this Reprt necessitates sme delay nce the updated infrmatin is btained. Fr these reasns, we reprt infrmatin as f the date when the Database was last updated by us. That date is specified as the Database Date fr each Database in Part 4. C. LIMITATIONS ON HOW SITES ARE LOCATED AND REPORTED Due t the way infrmatin is reprted in the Databases, the Sites identified are POINT SOURCES ONLY which means that the specific lcatin f the Site is lcated based n the infrmatin in the Database and used as the beginning pint fr measuring the distance t the Residential Prperty. This Reprt des NOT use AREAS f ptential envirnmental cntaminatin, such as a cntaminatin study area r a grundwater plume, even if the surce f that study area r plume derives frm a Site. In ther wrds, this Reprt identifies a single pint as the apprximate surce pint fr an envirnmental hazard identified n a Database, even if the hazard actually cvers an expanded area. In the Databases, the Sites are identified by their address. In this Reprt, the pint lcatin fr a Site is based n that address, nt n the actual lcatin f a surce f cntaminatin n the Prperty. As a result, the lcatin f any Site set frth in this Reprt may nt be precisely the lcatin f the surce f cntaminatin. Furthermre, sme f the Databases may nt have the cmplete address infrmatin fr a Site s it can nt be lcated at all. The lcatin f the Residential Prperty has been determined by crss-referencing the prvided Assessr Parcel Number ("APN") against a vectr parcel database in which the bundaries f the parcel crrespnding t the given APN are represented as a gereferenced plygn. Sites that are mapped within the specified radii f this plygn will be reprted. Furthermre, since Sites are lcated using a gegraphic infrmatin system, if the assessr parcel number r address f the Residential Prperty prvided is inaccurate, the infrmatin prvided in this Reprt will nt be accurate. In certain instances, Sites cannt be precisely lcated (r "gecded") due t missing r inaccurate data in the Database. Hwever, based n infrmatin available in the Databases, these Sites are lcatable within zip cdes. These Sites are referred t as "Unlcated Sites" and reprted in the Part, Sites Missing Key Lcatin Infrmatin. That Part f the Reprt indicates such Unlcated Sites that are in the zip cdes that are within a ne (1) mile radius f the Residential Prperty. ENVIROCHECK REPORT - Page 13 f 15
Unlcated Sites are nt necessarily within a ne mile radius f the Residential Prperty. These Sites are identified t alert the Parties t ptential issues abut which the Parties may desire t btain further infrmatin. Fr these reasns, Parties shuld seek additinal infrmatin abut the Sites listed, as described in the discussin f the relevant Database. D. LIMITATIONS IN THIS REPORT We d nt make any representatins as t: The accuracy, validity r cmpleteness f the Databases. The significance r extent f the cntaminatin r remediatin f any f the Sites identified in the Databases. The health hazards t humans r animals that may be assciated with any f the substances that may exist at the Sites r hw they may affect the Residential Prperty. The drinking water surces fr the Residential Prperty. Any infrmatin in a Database after the Database Date fr that Database. Any infrmatin regarding the Residential Prperty after the Reprt Date. We d nt perfrm a physical examinatin r any testing f the Residential Prperty r the Sites. This Reprt nly prvides infrmatin derived frm the Databases in accrdance with the Methds and Limitatins. This Reprt shuld nt be cnsidered a substitute fr an n-site envirnmental assessment. If additinal infrmatin is desired, the Parties are encuraged t investigate ther surces and t cnsult an envirnmental expert. E. ONLY THE PARTIES MAY RELY ON THIS REPORT This Reprt is valid, the Parties may rely n the Reprt, and a cntract is frmed with us, nly upn receipt by us f payment f the full price f the Reprt. This Reprt may be relied upn nly by the Parties t the transactin fr which it has been purchased. This Reprt cannt be relied upn (a) by any persns ther than the Seller, the Buyer and their Agents, (b) fr any ther real prperty, r (c) fr any future transactins invlving the Residential Prperty. The price paid fr the Reprt des nt include any amunts fr prtectin f such ther parties. F. LIMITATIONS ON OUR LIABILITY Given the limited nature f this Reprt, and the fact that we are reprting, nt assuming liability, we are nt respnsible fr: Any inaccuracies r incmpleteness f the infrmatin in the Databases. Inaccurate address infrmatin prvided fr the Residential Prperty. Any ther infrmatin nt cntained in the specified Databases. Any infrmatin which wuld be disclsed by a physical inspectin f the Residential Prperty. Any infrmatin knwn by ne f the Parties. Any changes t the infrmatin in the Databases after the Database Date. The health hazards t humans r animals that may be assciated with any f the substances that may exist at the Sites r hw they may affect the Residential Prperty. The csts f investigating r cleaning up any envirnmental hazards. This Reprt is nt an insurance plicy and des nt prvide the same prtectins as an insurance plicy. It des nt bligate us t defend any Party against any claims, and we shall nt have any duty t defend against any claims pursuant t Califrnia Civil Cde 2778 r therwise. The price f this Reprt has nt been based upn any respnsibility fr defense csts, nr fr assumptin f envirnmental risks. The premium fr an insurance plicy wuld be significantly greater than the cst f this Reprt. The Parties acknwledge that claims fr damages beynd actual lsses can significantly increase the csts f reprts and make prmpt reslutin f claims mre difficult. In rder t induce us t prvide this Reprt fr the price charged, and t help streamline the prcess f reslving any disputes between the Parties and us, the Buyer, Seller and Agents agree that if there is a material errr r missin in this Reprt: ENVIROCHECK REPORT - Page 14 f 15
The Party wh suffers damages as a result f such errr r missin shall be entitled at mst t recver frm us the actual prved damages measured by the difference in the fair market value f the Residential Prperty as f the Reprt Date, caused by the errr r missin but nt in excess f $100,000 Dllars ($100,000). We shall nt be liable fr indirect, cnsequential, r punitive damages (including, but nt limited t, emtinal distress r pain and suffering). We shall nt be liable t a Party fr any matters knwn t that Party r its Agent (including errrs in this Reprt) and nt disclsed in writing t bth the ther Parties and us prir t the Sale Date. G. SELLER AND SELLER S AGENT S RESPONSIBILITY OF FULL DISCLOSURE Sellers f real prperty and their Agents shuld always fully disclse all material facts regarding the real prperty which they are selling. Regardless f the infrmatin in this Reprt, if Seller r Seller s Agent has any actual knwledge f cntaminatin, releases f hazardus materials r remediatin activities ptentially affecting the Residential Prperty, that infrmatin shuld be prmptly disclsed in writing t the Buyer and the Buyer s Agent. H. OTHER AGREEMENTS This Reprt sets frth the cmplete, integrated agreement between us and the Parties. Evidence f prir r cntempraneus statements, representatins, prmises r agreements shall nt be admissible t vary the terms f this written agreement. This agreement may nt be changed r amended except by a written dcument signed by an authrized representative f ur cmpany and the Parties. In the event that any dispute arises between us and any Parties arising ut f r relating t this Reprt r its subject matter, r any act r missin f ur cmpany, the prevailing party shall be entitled t recver his, her r its reasnable csts, including attrneys fees, frm the lsing party. If any prvisin f this Reprt, r its applicatin t any circumstance, is held t be invalid, unenfrceable, r vid, the remainder f this Reprt shall remain in full frce and effect and enfrced t the fullest extent pssible. ENVIROCHECK REPORT - Page 15 f 15