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Recorder-Clerk recommending the Board:
1) Approve and authorize the Purchasing Agent to sign Agreement 7873 with First American Data Tree LLC for redaction of restrictive covenants in the amount of $69,000 for an initial three-year term effective March 1, 2024, with annual automatic renewal after the initial term; and
2) Authorize the Purchasing Agent to execute any necessary amendments relating to Agreement 7873, contingent upon approval by County Counsel and Risk Management and the dollar amount not exceeding the Purchasing Agent’s authority.
FUNDING: Recording Revenue.
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DISCUSSION / BACKGROUND
Government Code section 12956.2(a) provides that any deed or other recorded instrument that contains unlawfully discriminatory language forbidding or restricting the right of any person to sell, buy, lease, rent, use or occupy the property on account of any of the characteristics specified above, may be revised to remove such unlawful language. A person who holds an ownership interest in property that believes the property is the subject of an unlawfully restrictive covenant may submit for recordation a Restrictive Covenant Modification document. If the existence of unlawfully restrictive language is confirmed by County Counsel, the modification document is recorded with the unlawfully restrictive covenant redacted.
Pursuant to the 2021 legislation in Assembly Bill 1466 and Government Code Section 12956.3, the El Dorado Recorder-Clerk's office is required to develop and implement a Restrictive Covenant Modification Program Implementation Plan. This plan is developed to identify any unlawful language contained within Recorder's records, most notably the restrictive covenants, and redact said language.
First American Data Tree LLC doing business as First American Data & Analytics (FADA) Covenant Guard application will identify records that contain unlawful language and allow both the Recorder-Clerk and County Counsel staff to review and process docu...
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