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Attachment One (6-5-14) CA & NV
ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii)
the character, dimensions, or location of any improvement erected on the Land; (iii)
the subdivision of land; or
(iv)
environmental protection;
or
the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under
Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to
the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage.
4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated.
5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26.
6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured
has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11.
7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion
does not modify or limit the coverage provided in Covered Risk 11(b) or 25.
8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes.
This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.
9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of
the Insured Mortgage, is
(a) a fraudulent conveyance or fraudulent transfer, or
(b)
a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy.
10. Contamination, explosion,
fire, flooding, vibration, fracturing, earthquake, or subsidence.
11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
Attachment "1"
Resolution No. 2024-168
Exhibit "B"
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Attachment "1"
Resolution No. 2024-168
Exhibit "B"
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Owner’s Declaration Printed: 3/23/2017 1:57 PM by TT6 MISC0220 (DSI Rev. 10/17/17) Page 10 Escrow No. : 00122199-994-LT2
OWNER'S DECLARATION
Escrow No.: 00122199-994-LT2-X27
Property Address: 270 East Via Rancho Parkway East
Escondido, CA
The undersigned hereby declares as follows:
1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at 270 East Via Rancho Parkway East, Escondido, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land"). b. Declarant is the ______________________________ of ____________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at 270 East Via Rancho Parkway East, Escondido, CA, further described as follows: See Preliminary Report/Commitment No. for full legal description (the "Land").
2. (Fill in the applicable
paragraph and strike the other)
a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever.
b. During
the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with _________________________ upon the Land in the approximate total sum of $__________, but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows: ___________________________________________. Owner, by the undersigned Declarant, agrees to and does hereby indemnify and hold harmless Chicago Title Company against any and all claims arising therefrom.
3. Owner
has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land.
4. Except
as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above-referenced Preliminary Report/Commitment.
5. The Land
is currently in use as _____________________; _______________________ occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land:
___________________________________________________________________________________
6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land.
7. There are no outstanding options to purchase or rights of first refusal affecting the Land.
8. Between the most recent Effective Date of the above-referenced Preliminary Report/Commitment and the date of recording of the Insured Instrument(s), Owner has not taken or allowed, and will not take or allow, any action or inaction to encumber or otherwise affect title to the Land.
This declaration is made with the intention that Chicago Title Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ______ at _________________________________.
Signature: ________________________________
Attachment "1"
Resolution No. 2024-168
Exhibit "B"
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STAFF REPORT
December 04, 2024
File Number 1110-40
SUBJECT
PUBLIC ART DEACCESSION AND REMOVAL OF VINEHENGE
DEPARTMENT
Community Services Department and Public Works
RECOMMENDATION
Request the City Council approve the deaccessioning and removal of Vinehenge.
Staff Recommendation: Approval (Community Services and Public Works: Jennifer Schoeneck, Director of Economic Development and Joseph Goulart, Director of Public Works) Presenter: Robert Rhoades, Assistant Director of Community Services and Wayne Thames, Public Works Manager
ESSENTIAL SERVICE – Yes, Maintenance of Parks facilities/Open Spaces COUNCIL PRIORITY –
FISCAL ANALYSIS
The cost to remove the Vinehenge play structure by Public Works staff would be approximately $25,000.
This would be absorbed by the Public Works operating budget.
PREVIOUS ACTION
On September 18, 2002, the City Council adopted Resolution No. 2002-234R approving a contract with Nature Works, Inc. to manufacture and install a fabricated tree limb structure (grapevines) and new interactive play sculpture . The interactive play structure consisted of a slide decorated with mosaic oversized grapes, benches in the shape of oversized grape leaves, and perimeter faux rocks.
On September 9, 2024, the Public Art Commission voted 6 -0, Vargas absent , to recommend deaccessioning and removal of Vinehenge.
On September 18, 2024, the City Council approved Resolution No. 2024-118 to adopt the Public Art Strategic Plan a guiding document which outlines the inspirational and practical roles of the City in the implementation of public art.
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BACKGROUND
Vinehenge History
The Vinehenge play structure in Grape Day Park was financed through the Public Art Fund. It was installed in 2004 at a cost of $167,000. Vinehenge replaced the original public art project “Legacy”, an interactive structure, installed in 1994 and located in the same area in Grape Day Park. The original tre ehouse and climbing structure were made of oak tree limbs that experienced significant decay. Art conservation experts reviewed the art piece and determined that it would have to be replaced with new wood or the artwork would have to be modified significantly if it was to remain outdoors in Grape Day Park. After many discussions with the “Legacy” artist, art conservators, and fabricators, the Public Art Commission decided that it was not practical to restore the existing artwork.
Instead, four companies were contacted that were known for creating realistic environments from more permanent materials that could replicate the tree limb structure. Nature Works was selected by the Public Art Commission to fabricate and install the replica that stands today. At the time of completion, the interactive art piece met all of the playground and ADA standards.
Over time, the vine section of the play structure started to experience limb failures. The most recent breaks occurred in July 2022 and February 2023. Public Works secured the areas and sealed off the ends making the structure safe for use; however, the play structure was designed in such a way that the vines support one another. With two sections of the vines now missing, the integrity of the vine structure had been compromised and was not as strong or safe as it should be.
Play Equipment and Public Art
Over the last decade, playgrounds have become more colorful, creative, and elaborate. Long gone are the days of the simple swing, teeter -totter, and basic metal slide. Today ’s modern playground features are accompanied by mini -climbing walls, ropes course, or even “digital” play components. Though theming playgrounds and play structures continues to be a popular concept , themes are often representative of the community through culture, history, and other inspirational factors. In some ways, theming a playground is the introduction of public art.
Public art contributes to the social and cultural identity of community and place. It adds to the quality of life and reflects those values. Public art comes in a variety of forms including different ways in which to interact with the piece. Some artwork is meant for viewing and reflecting while other art pieces encourage to interaction and engagement. Interactive artwork differs from the traditional by allowing the audience to participate in some form through touch, movement, or an otherwise immersive experience.
Artists that create interactive pieces understand that over time the artwork can become damaged requiring repair or replacement. Thus, such works are generally considered temporary. Furthermore, California Playground Safety Regulations define a playground as “ an improved outdoor area designed, 481
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equipped, and set aside for children's play that is not intended for use as an athletic playing field or athletic court, and shall include any playground equipment, fall zones, surface materials, access ramps, and all areas within and including the designated enclosure and barriers.” As a result, Vinehenge is considered a playground and must conform to playground safety standards.
While some exceptions apply, only play structures built between January 1, 1994 and December 31, 1999, are exempt from complying with the full requirements of the California Playgrounds Regulations until 15 years after the installation. Furthermore, Assembly Bill (AB) 1144 required all playgrounds open to the public to be inspected by a Certified Playground Safety Inspector ( “CPSI”) to properly assess equipment, fall zones, surface materials, access ramps, and all areas within the designated playground space. As a part of this compliance, the City of Escondido inspects all playgrounds on a rotational basis and/or after any major repairs to an existing playground.
Playground Safety Inspections
In February 2023, Wayne Thames, Public Works Manager/Parks (CPSI), conducted a full safety inspection of the Vinehenge playground. It was noted that there was extensive degradation of the metal substructure. Upon further inspection, additional concerns were noted as the structure is no longer in compliance with current playground safety standards. This included but was not limited to:
Less than 72 inches of required cleared use zone between the vines, boulders, and grape leaves. Less than 72 inches of required cleared use zone between the grape leaves and the concrete access ramp.
Less than 72 inches of required cleared use zone between the grape slide and the concrete curb. Less than 72 inches of required cleared use zone between t he grape slide and the climbing structure.
Less than 72 inches of required cleared use zone between the rocks and the concrete curb; additionally, they do not meet the 72 -inch clearance use zone from each other. The rocks are considered to be a climbing surface and not a step because of the height of the boulders. As for the grape slide structure itself, the standard for slide construction is to manufacture the slide in a way that a child cannot climb on the outside of the structure. The grape slide, as constructed today, allows children to easily climb on the outside of the structure. Complete replacement of the Vine structure would trigger additional work to make the entire playground compliant with today’s ADA and playground safety standards.
In an effort to verify the City’s findings, an independent playground safety consultant, SafePark, was hired to conduct a safety audit of the Vinehenge play area. The findings mirrored those of the City’s CPSI and included items such as improper depth ground padding, inadequate fall protections, height excess safety concerns, non-compliant structural spacing, compromised structural integrity, and non -existent fencing due to high traffic proximity , all noted in Attachment “1”. The results of these findings led the City to close off and fence the Vinehenge play area in June 2023. 482
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In accordance with the artist’s original agreement, City staff reached out to discuss some available options. The artist believed that the flaws could be adequately repaired and addressed. The artist requested an additional safety inspection of a company of their choosing. Therefore, a second playground safety inspection company, ProTech Building Services, was hired to assess the play area. The results, further demonstrated non-compliant safety concerns and equipment failures, Attachment “2”.
Since this project was originally funded through public art, it is considered an interactive public art piece and thus must undergo the established public art deaccessioning process with the consideration of established safety standards as governed by the California Playground Safety Regulations.
Prior Repair/Maintenance
The play structure vines are constructed with an interior, steel pipe armature that are welded together and covered with a sculpting epoxy to form the realistic look of the elements. Repair s to this structure come with a significant cost and at this point, would likely only be a temporary solution extending the life of the structure for a few years at most.
The vine structure has been repaired three times by the artist and twice by Public Works staff. The grape slide has had two major repairs. The first repair to the slide in 2014 was due to a crack in the end of the modular slide, resulting from normal wear and tear. The second time the slide needed repair was in 2018, due to vandalism. At that time, the year and model of the modular slide that was used in the grapes had been discontinued and it took several months to locate a replacement part. The only replacement part that could be located in the U.S. was a different color and had to be p ainted to match the existing structure. Any additional failures to this component (the modular slide) may result in complete removal of the grape slide. Throughout this repair work, the City has spent approximately $64,000 maintaining and repairing the Vinehenge playground.
Public Art Strategic Plan
The Public Art Strategic Plan was created to bring an overarching framework and purpose to public art within Escondido. This established a defined vision, “We are a City where art, inspired by community, welcomes visitors and residents, creating a fun and lively environment that celebrates all things Escondido, heralding our past and manifesting our future.” It also created a series of values and goals in which the public art program should embody.
Through t he creation of this plan, it also outlined an established process by which the Public Art Commission shall concentrate their efforts annually. These areas include new art solicitation, art education, art maintenance, and deaccessioning.
The Public Art Strategic Plan and 2024/2025 Annual Work Plan was approved by the Public Art Commission on May 20, 2024. This was then unanimously adopted by the City Council on September 18, 2024. 483
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Included in the 2024/2025 Annual Work Plan within the category of deaccession ing was addressing the Vinehenge Play Structure in Grape Day Park.
Deaccessioning
Deaccession is to officially remove (an item) from the listed holdings or collection of an entity or organization. This is typically done when the work is of poor quality and lacks value for exhibition or study purposes. The physical condition of the work is so poor that restoration is not feasible or would compromise the work's integrity or the artist's intent. In this case, Vinehenge as an interactive art piece has degraded in physical condition wherein restoration is no longer possible based on current playground safety standards. On September 9, 2024, the Public Art Commission voted 6 -0, Vargas absent, to recommend deaccessioning and removal of Vinehenge.
Recommendation
Community Services and Public Works staff met with the artist to discuss the future of Vinehenge. All parties are in agreement that the structure is at the end of its useful life and needs to be removed. Staff recommends the deaccession and removal of the Vinehenge playground space . A future replacement should be with a standard play s tructure that aligns with the Grape Day Park Master Plan. City Staff understands that this is an iconic Escondido attraction and will work with the City Council and the community to meet their requests for future opportunities within this space.
ATTACHMENTS
a) Attachment “1”—Grape Day Park Playground Safety Audit, 06-12-2023 (SafePark) b) Attachment “2”—Grape Day Park Playground Inspection Report (2023) c) Attachment “3”—Public Art Strategic Plan
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Quality * Commitment * Reliability WO#293
SafeParkⓇ
Playground Safety Audit
Prepared for: Escondido Grape Day Park Audit 6-12-23
“Play Safe with SafePark”
Performed 6-12-23 By: Charles Froeming CPSI #49198-0923 In accordance with California Senate Bill #3316-1001 and California Department of Health Services Regulation R-39-97
23151 Alcalde Drive, Suite B4, Laguna Hills, CA 92653
Phone 949-588-9692 * Fax 949-588-9776
Email: [email protected] Web: www.SafePark.com
a division of Jamey Clark, Inc
*Celebrating 40 years of continuous Quality Service*
“One call does it all - No job too small”
Attachment "1" 485
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SafeParkⓇ Playground Services
Phone 949-588-9692 * Fax 949-588-9776
Email: [email protected] Web: www.SafePark.com
Affiliates CACM, NPRA, NPSI, OPRA, CPRS, CPSI
Contractor’s License #B-866453 * Certified Playground Inspector #55226-725 June 12, 2023
Mr. Wayne Thames
Park Maintenance Supervisor
City of Escondido
201 N Broadway
Escondido, Ca. 92025
RE: Escondido Grape Day Park Audit
Dear Wayne,
On June 12, 2023 we performed an audit on equipment located at 321 N Broadway Escondido, Ca. The structures evaluated included: one freestanding tube slide structure (made by Playworld Systems) with an 11’ 3” high architectural art deco structure attached, one large upper body climber designed as an artistic play structure, three climbing/seating rock leaf structures, three rounded molded rock grape structures, and approximately 14 to 15 rock/boulders inside the containment area circling the perimeter. The manufacturer, design, and layout of the artistic play features in the containment area were provided by Nature Works Inc.( https://www.facebook.com/natureworksinc/ ) The safety surface is EWF engineered wood fiber. Average depth EWF in use zones is 4” to 6”. Containment area is an irregular circle, approximately 84’X 78’. The fall height of the Vine climber is 105”. The slide structure entry deck is 76 ½”, however, the attached concrete grape structure has a maximum height of 135”, the concrete leaf structures range in maximum height of 32”, 36”, and 39”.
There is an additional playground location approximately 25 feet from the playground area being audited.
This area was not part of this audit per request of the owner operator representative.
All services are performed according to the National Playground Safety Institute Guidelines and by the State Contractor's Board Guidelines. All services will be performed in a workmanlike manner according to standard practices. The above client is covered as additionally insured on Jamey Clark, Inc. liability and auto insurance policy. All areas affected will be left in a clean and orderly fashion.
Attachment "1"
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June 12, 2023
Escondido Grape Day Park Audit
Customer agrees to release, indemnify and hold Jamey Clark, Inc. harmless from and against all claims, damages, losses, and expenses, including court costs and reasonable fees and expenses of attorneys, expert witness and other professionals, arising out of or resulting from claims relating to the products and services outlined above, but excluding such claims or liabilities arising from and limited to the sole activity of negligence or willful misconduct of Jamey Clark, Inc. and/or its employees.
Thank you for contacting JCI, SafePark Services, we appreciate the opportunity to provide you with this playground audit report. If you have any questions, please don't hesitate to give us a call. If you would like more information on the wide range of services provided by JCI please visit our website at www.SafePark.com. We look forward to working with you in the very near future.
Charles Froeming
Cha