Cities Index.
Agenda packet

Grass Valley City Council
June 28, 2022

Document
Agenda packet
Meeting
June 28, 2022
Body
Grass Valley City Council
Pages
282
Original file
27.1 MB
Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

Item # 10.
16 benefit provided under this Section only, and shall not operate to "vest" sick leave hours, or otherwise create any entitlement to pay for those sick leave hours for an employee who terminates employment prior to attaining normal retirement age as defined in this sub-part. The straight-time value of the retiring employee's sick leave hours shall be computed solely and exclusively on the basis of the non-overtime normal wage rate paid to the employee, and no overtime premiums, or any other type of premium pay or pay for working out-of-class or employee benefits or other forms of non-straight time wage compensation shall be used for purposes of calculating the benefits due under this Section.

Any employee that shows an effective date of retirement into the PERS system within 120 days of separation from employment with the City shall be credited with PERS service credit for all accumulated but unused or uncompensated sick leave.

Consistent with the sick leave provisions of this MOU, any employee whose employment with the City terminates for any reason, as opposed to being reinstated, prior to attaining normal retirement age, forfeits all accumulated but unused sick leave hours, and shall not become entitled or eligible to receive any benefits under the terms of this Section even if the employee is subsequently reemployed by the City. Notwithstanding the limitations contained in the previous sentences, the City shall pay a supplemental retirement benefit consisting of all unused sick leave to the estate of any employee covered by this MOU who is killed in the line of duty. Any rehired or reinstated employee shall begin to accrue sick leave hours as if they had never worked for the City previously.

The benefit provided in this Section shall not arise or vest until such time as the individual employee applying for the benefit becomes eligible for the benefit as provided in this Section and provides written notice to the City Manager of his/her intention to retire from employment with the City. The benefit provided in this Section shall not increase the City's obligations with respect to other benefits of employment, including, but not limited to, other retirement benefits, health and welfare benefits, sick leave benefits, disability benefits, or any other form of compensation or fringe benefits of whatsoever kind or nature.

G. Retiree Health Insurance Benefit

(1) Employees hired prior to January 1, 2016 and retiring from the City under PERS, after twentyfive (25) or more years of City service, are eligible for the following retiree health insurance benefit:
(a) Three Hundred Dollars ($300.00) per month, not including the statutory administrative fee for PERS coverage.
(2) For employees ineligible for the retiree health insurance benefit above that elect to participate in the health insurance plan as a retiree the City will pay the statutory administrative fee for PERS coverage.
(3) Eligibility and Term. To receive the benefit provided in F (1) of Article 8, a retiree must provide annual evidence of health insurance coverage to the Human Resources Department. Such benefit will cease upon the retiree receiving group medical insurance coverage from another employer or receiving coverage through Medicare or upon being eligible for Medicare. If a retiree

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Item # 10.
17 covered under another employer’s group medical insurance loses such coverage, this benefit will start or restart until the retiree is otherwise ineligible.

ARTICLE 9 – SALARY SCHEDULE
A. Salary Schedule
Salaries shall be as set forth in the Unit’s salary schedule, attached hereto as Appendix A to this MOU.

B. Salary Adjustment
• Effective the first full pay period following July 1, 2022 pay rates for all unit classifications shall increase by 5%.

Effective June 27, 2021, the City shall implement the following equity adjustments:
• Police Officer 5%
• Police Sergeant 5%
C. Shift Differential

1. An employee, whose shift that has 50% or more of hours worked between the hours of 5:00 p.m. and 5:00 a.m., shall be paid an additional night shift differential of five percent (5%) of their hourly adjusted base wage, per shift worked.

2. An employee, who is assigned a rotational shift that has 50% or more of hours worked between 5:00 p.m. and 5:00 a.m., shall be paid an additional night shift differential of five percent (5%) of their hourly adjusted base wage, for all hours worked outside of the rotational shift (I.E.: Court, shift shortages, training, Departmental needs etc.), up to a maximum of 3 months.

3. The above provisions are subject to change by the Chief of Police or his designee, on a case-by-case bases, to ensure appropriate application of these provision and to suit the needs of the department.

D. Rules for Use of Salary Schedule

1. In the general schedule of pay ranges established by the City Council each classification within a department has an applicable range consisting of five steps.

2. All appointments from an eligibility list will enter the probationary periods at the base salary of the range applicable to the job. The City Manager and Chief of Police may recommend elevation above the entry level step to compensate for education and experience.

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Item # 10.
18 3. All employees shall be eligible for a merit step increase to the next step in pay range every twelve (12) months until the end of his or her pay range, if recommended by the Chief of Police and approved by the City Manager that such employee's job performance satisfies the City and department standards relating to such employees.

Employees denied a merit increase will be eligible for reconsideration no later than three (3) months following their initial review date.

4. An employee promoted from a promotional eligibility list to a position in a higher pay range will be placed at the minimum of the new range, or at a level in the new range to provide a minimum 5% increase in the regular rate of pay. Any new pay rate upon promotion may not exceed the top of the pay range. The date of the promotion will establish a new anniversary date for the employee’s future merit increases. Should a promotion occur concurrently with the employee’s evaluation, and the employee is eligible for a merit increase, the merit increase is to be included in the base salary before the promotion.

5. Upon reduction in force, permanent employees may be appointed to a classification with a lower pay range. An employee assigned by management to a position in a lower classification shall be placed at the step in the new range to provide an approximate 5% decrease in regular pay. The anniversary date for future merit increases will be the date of the appointment to the lower classification.

6. Allocation to a class with Lower Salary Range: If the salary range of the new class to which an employee's position is allocated has a maximum step lower than that of his/her current class, but not lower than his/her actual salary, he/she should continue to receive his/her present salary until his/her next anniversary date, which remains unchanged, at which time he/she would be eligible for a merit increase in the new range. If the top of the new range is lower than the current salary, then the salary will be reduced to an amount not to exceed the top of the new range effective the next full pay period one year from the re-allocation date.

7. A reclassification may result if the job, responsibilities, duties, requirements, skills change to a degree that the position needs to be placed in a new classification. If the reclassification impacts only the incumbent employee and the employee is qualified for the position, they will be placed in the position. If more than one employee is impacted and each is qualified, an internal review of the employees will be completed to select the best qualified person for the position. A reclassification will result in the elimination of the old position if it is a single person position and be replaced by the new position, as by the very process the position has fundamentally changed. A reclassification is not a promotion and does not carry with it an automatic pay increase. If the employee’s salary is currently below the minimum of the new range, the employee’s salary will be increased to meet the minimum of the new range. A reclassification will not change the employee’s annual evaluation date. The employee will be able to move through the new pay range based on the normal evaluation and merit process.

ARTICLE 10 – HEALTH AND WELFARE

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Item # 10.
19 A. Insurance Benefits:

During the term of this agreement the City will make available medical, dental, and vision insurance benefits to the employee and their dependents. (1) For the term of this agreement the City will pay a monthly set rate for health insurance (Medical, Vision, and Dental) based on the employee’s medical coverage selection as follows:
a. For Employee only - $814.00;
b. For Employee plus 1 dependent- $1,622.00;
c. For Employee plus 2 or more dependents- $2,130.00
(2) Employees electing to waive medical insurance coverage will receive a payment of $305 per month (a rebate) if evidence of similar or better coverage from another source is provided (effective May 1, 2012). Employee may use this rebate to pay for elected dental and vision coverage.
(3) The City shall supply and administer group health and welfare benefits on behalf of each eligible unit member. Said benefits shall include, but not be limited to health, dental, vision, and life.
(4) The City shall provide term life insurance coverage in the amount of $50,000.00 for each employee, $5,000.00 for the employee's spouse, and $1,500.00 for other eligible dependents without cost to the employee.
(5) All benefits shall be subject to the standard provisions set forth in the policy or policies, or PERS regulations.
(6) Disputes concerning the hospital/medical, dental, vision and life insurance as provided, including but not limited to questions as to the scope of benefits or disability coverage, eligibility, and premium rate shall not be subject to the Grievance Procedure.

B. Gym Membership
Gym membership will be provided to Police Officers and Police Sergeants at no cost. Members are required to meet physical standards as a condition of employment.

C. Short Term Disability Insurance
State Disability Insurance
SDI is now in force for bargaining unit employees. The employee is entitled to supplement weekly SDI benefits with accumulated leave time up to the amount of his/her regular monthly salary.

So long as it is available on a bargaining unit-wide basis only, and solely at employee expense, the City of Grass Valley agrees to take the necessary steps to enroll the employees in the bargaining unit in the State of California State Disability Insurance (SDI) Program. It is

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Item # 10.
20 understood and agreed that any such program will be on an integrated basis (with sick leave or other accruals, as appropriate) and funded by employee payroll deductions, there shall be no employer contribution. If a less expensive optional program becomes available, the City and the POA will meet to allow the change for the employee group.

ARTICLE 11 - SCHEDULING OF SHIFTS
The Police Chief or his/her designated subordinate representative or under the direction of the City Council may change or alter the shifts so that the highest level of protection to life and property may be maintained. To the extent possible employees will be provided a two week notice of changes to their daily shift hours.

The Police Chief or his/her designated subordinate representative or under the direction of the City Council may assign one hundred percent (100%) of the total number of employees of the Police Department to work overlapping shifts in cases of criminal investigations, riots, civil disturbances, strikes or emergencies.

The decision of the Police Chief or his/her designated subordinate representative or under the direction of the City Council shall be final and not subject to the grievance procedure. All shifts shall be scheduled at least forty-five (45) days in advance.

ARTICLE 12 – UNIFORMS
(1) Employees shall receive a uniform reimbursement not to exceed Eight Hundred Seventy Five Dollars ($875.00) per fiscal year.

Employees designated as Detectives and Motor Officers will receive an additional uniform reimbursement of five Hundred Dollars ($500.00) per fiscal. (2) Employees may have one (1) uniform per week professionally cleaned at an established vendor. Detectives may substitute a professional cleaning of slacks/shirt/jacket once per week in lieu of a uniform cleaning.
(3) Annual reimbursement totals for uniforms paid by the City will not accrue beyond the fiscal year. Any charges above the allotted totals will be paid by the employee. (4) Employees hired as Police Officer Trainees attending the academy at the City’s expense will be provided the required uniforms for the academy. Police Officer Trainees are not eligible for Uniform Reimbursement until graduation from the academy and placement into active service as a Police Officer with the City of Grass Valley.
(5) To comply with the special compensation requirements of CalPERS, the City shall report to CalPERS periodically as earned the value of the uniform allowance above for classic members (as defined by CalPERS) – the total value to be reported to CalPERS is: ___ per pay period for the uniforms. For classic members, the City and employees will be required to make required

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Item # 10.
21 employer and employee contributions based on this special compensation in the applicable employer/employee contribution amounts. For example, classic members will be required to make the required employee contribution on this amount. Pursuant to CalPERS regulations, the value of uniforms and uniform cleaning for new members (as defined by CalPERS) does not count as special compensation.

ARTICLE 13 –RESIDENTIAL MILEAGE RESTRICTION
Employees shall live no further than 30 air miles from the City limits. The Chief of Police shall have the discretion to permit sworn employees to live further than 30 air miles from the City limits when, in the Chief of Police’s opinion, the officer will be capable of responding in an emergency in a reasonable period of time.

ARTICLE 14 –VEHICLE USE, PARKING
A. Detective Officer/Sergeant Vehicle
Employees may be assigned a take home vehicle. The assignment of the vehicle is to reduce response times, to allow for direct response to crime scenes, and to respond as may be necessary for call back or if placed on stand-by. The vehicle is the property of the City and it to be treated and used accordingly. The vehicle may be redirected to other needs of the department at the direction of the Chief. If the employee is not available for a period of time, the vehicle will be left at the Police Department for other uses (i.e. on vacation, extended leave, sick leave).

ARTICLE 15 - REDUCTION IN FORCE AND RE-EMPLOYMENT
A. Layoff/Furlough Provisions:
(1) In lieu of layoff, the City may pursue a furlough or reduction of hours on a department basis as follows:
(a) City Council makes a finding that for reason lack of work, lack of funds, or for reorganization that a reduction in services is needed.
(b) City identifies the need for a reduction by part or whole position equivalency within a department.
(c) Department Head consults with employees to explore alternatives.

1. Voluntary furloughs/hours reduction sought first

2. Involuntary furloughs or reductions in hours may be imposed on a uniform basis by class within department, not to exceed 80 hours per year. Should the City desire to utilize more than eighty (80) hours involuntary furlough days in a year, The Grass Valley Police Employees will be consulted and shall have the option of agreeing to permit the City to utilize up to an additional 40 hours of involuntary leave for a total of 120 hours or refusing such request. If such request is refused, the City shall have the option of reducing the force through layoffs.

3. In lieu of taking actual furlough time employees may elect to pay a higher portion of city provided benefits (i.e. health insurance) in an amount equal to the total

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Item # 10.
22 savings that that would have been realized by the furlough time. Equivalent paid time may be taken off. Savings must be achieved within the same time period (fiscal year) as the assignment of furloughs.

4. Benefit accruals shall not be reduced for employees. Insurance shall still be paid by the extent agreed to by the City. Leave accruals will continue at the full time rates.

Retirement contribution accounts and related benefits shall be maintained as if no reduction in force had occurred.

B. Treatment of the Employees Laid Off
(1) When the Police Chief is instructed by the City Council to reduce the number of employees in the classified service within his/her department, lay-off shall be made in accordance with the following rules:
(a) Employees to be laid off shall be given a leave of absence for a period of 24 months without pay until the position is re-established whereupon such employee shall be given ten (10) days’ notice to accept re-employment.
(b) The names of each employee laid off shall be entered on the "re-employment list" established by the Personnel Commission and notification as provided in the Commission Rules shall be required. Within ten (10) days of reinstatement, a certificate by a qualified physician or surgeon selected by the Commission, may be required certifying as to his/her physical fitness to perform the service involved. (c) Vacation and sick leave accrual rates for reinstated employees will incorporate service time prior to layoff.
(2) The first person laid off from a department within a class, shall be the one with the least length of service within the class and grade since original permanent employment. The person so laid off shall thereupon be restored to a position in a class in the same department in which he/she formerly held a regular position in which:
(a) The employee displaced shall be considered laid off for the same reason as the person who displaces him/her and shall likewise be restored as provided herein, in a class in which an unfilled position exists, or,
(b) There is then employed a person with less total length of service since original appointment. The person with the least length of service shall be displaced by the employee laid off from the higher class.
(3) Should an employee have rights for displacement in more than one (1) previous classification, he/she shall displace first in the highest classification to which he/she is eligible. (4) In accordance with Article 9, Section 8 of the City Charter, whenever a position in any class is to be filled, unless filled by a reduction of rank as provided above, it shall be filled in the following order:
(a) From the re-employment list for that class;
(b) From the promotional register of eligible candidates for that class; (c) From the appropriate competitive register of eligible. (5) When employment is from the re-employment list, one name shall be certified for each

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Item # 10.
23 vacancy to be filled and in the order of greatest length of service in that and higher classes since regular appointment.

C. Seniority
(1) Seniority ratings in any department shall be based on the time of service in the City of Grass Valley Civil Service, including periods of authorized leave of absence or period of illness. (2) Credit allowable by the Personnel Commission for length of service shall be calculated on the basis of the year of continuous employment including leaves of absence and dating from the first day of such continuous employment in any department or departments of the City of Grass Valley. (3) Credits allowable by the Personnel Commission for examination based on the length of service shall be deemed to include periods of time granted under authorized leaves of absence.

ARTICLE 16 - DISCIPLINARY ACTION (See Civil Service Rules) The City shall administer employee discipline in accordance with the Public Safety Officers Procedural Bill of Rights Act (California Government Code sections 3300 et seq.), and as related to employees who are employed as peace officers within the meaning of Government Code section 3301. The disciplinary procedures set forth herein shall only apply to employees who have completed probation. (Government Code section 3304(b).) Definitions
A. “Discipline/Punitive Action.” Any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment within the meaning of Government Code section 3304.

B. “Minor Discipline.” Minor discipline is considered punitive action that does not involve termination or suspension without pay for more than 5 days. Examples include, but are not limited to, written reprimands, suspensions without pay of 5 days or less, and disciplinary transfers.

C. “Major Discipline.” Major discipline is considered punitive action that involves termination, disciplinary demotions, and suspensions without pay of more than 5 days.

Disciplinary Actions and Procedures
A. Procedure for Minor Discipline

1. Notice of Discipline. Minor discipline shall be implemented in the form of a Notice of Discipline, such as a written reprimand or notice of suspension, and shall set forth the acts or omissions that provide the basis for the discipline. It shall also specify the City/Department rules, regulations, policies, and procedures that the employee violated.

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Item # 10.
24 2. Written Response. An employee may prepare a written response to the Notice of Discipline, which will accompany the Notice of Discipline in the employee’s personnel file. An employee shall have thirty (30) calendar days within which to submit the written response to the Office of the Police Chief.

3. Informal Administrative Appeal. In addition to the right to submit a written response to a Notice of Discipline, an employee is entitled to an informal administrative appeal.

4. Minor Discipline Appeal Procedures. An employee who receives a Notice of Discipline under this section may appeal to the Police Chief. In the event the Police Chief prepared the Notice of Discipline, the employee may appeal to the City Manager. Any such request to appeal must be in writing and received in the Office of the Police Chief within ten (10) calendar days from the date the Notice of Discipline is served on the employee. Thereafter, an informal hearing shall be scheduled before the Police Chief or City Manager. In the informal hearing, the Police Chief or City Manager shall regulate the course of the proceeding, and shall permit the parties and may permit others to offer written or oral comments on the issues. The Police Chief or City Manager may limit the formality of the proceeding or formal use of witnesses, testimony, and evidence.

5. The decision of the Police Chief or City Manager shall be in writing and shall be final.

B. Procedure for Major Discipline

1. Notice of Intent to Discipline. Major discipline shall be initiated in the form of a Notice of Intent to Discipline (such as a Notice of Intent to Terminate). The Notice of Intent to Discipline shall include the following:
a. The proposed disciplinary action to be taken.
b. The proposed effective date of such action.
c. A statement of charges against the employee, which sets forth the acts or omissions that provide the basis for the intended discipline. It shall also specify the City/Department rules, regulations, policies, and procedures that the employee is alleged to have violated.
d. The materials upon which the intended action is based in accordance with the requirements set forth in Skelly v. State Personnel Board. e. Notice that he or she has the right to respond to the proposed action in writing or verbally at a specified place and time in an informal meeting (i.e., a “Skelly” meeting), which shall be within 10 calendar days of the date that the Notice of Intent to Discipline is served on the employee.

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Item # 10.
25 2. Right to Respond. Upon receipt of a Notice of Intent to Discipline, the employee shall have the right to respond to the Police Chief or designee in writing or verbally in an informal meeting (i.e., a “Skelly” meeting) prior to the imposition of discipline.

3. Notice of Disciplinary Action. After the receipt of an employee’s written or verbal response to the Notice of Intent to Discipline, or after the time to respond has passed, the Police Chief or designee shall notify the employee in writing of the final decision regarding the intended discipline. If the Police Chief or designee determines to proceed with a form of major discipline, a Notice of Disciplinary Action (such as a Notice of Termination) shall be provided to the employee as follows:
a. The Notice of Disciplinary Action shall be issued within 30 days of the final decision.
b. The Notice of Disciplinary Action shall contain:
i. The effective date of such action.
ii. A statement of charges against the employee, which set forth the acts or omissions that provide the basis for the discipline. It shall also specify the City/Department rules, regulations, policies, and procedures that the employee violated.
iii. The materials upon which the action is based.
iv. Notice that he or she has the right to request an appeal by filing a notice with the Office of the Police Chief within 10 calendar days of the date that the Notice of Disciplinary Action is served on the employee.

4. Major Discipline Appeal Procedures. The appeal of major discipline shall be before the City’s Personnel Commission (See Civil Service Rules), which shall render a final decision.

ARTICLE 17 - GRIEVANCE PROCEDURE
A. Definition
A grievance is any dispute concerning the interpretation or application of this MOU, or of rules or regulations governing personnel practices or working conditions, or of the practical consequences of a City rights' decision on wages, hours and other terms and conditions of employment.

B. Procedures
All grievances shall be processed only in accordance with the procedures and general conditions

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Item # 10.
26 set forth below:

It is the intent of these procedures to encourage resolution of complaints and grievances informally, at the nearest practical organizational level from which it emanates, and as promptly and fairly as possible to all concerned.

Informal Grievance:

Within five (5) working days/shifts following an occurrence giving rise to a grievance, the employee shall orally present the grievance situation to his/her immediate supervisor. (Exception:
where the grievance directly involves the working relationship with the supervisor, the grievance shall be presented to the next higher level of supervision). The employee and supervisor have a mutual responsibility to have the grievance resolved at their level whenever possible.

Presentation of an informal grievance shall be necessary prior to processing it further as a formal grievance.

Formal Grievance:

A formal grievance shall only be initiated in writing to each appropriate step of the grievance procedure with a copy to the Human Resources Office.

Step 1:

If a mutually satisfactory solution of the grievance was not resolved informally, the employee may file a written grievance with his/her department head (or designated representative) within five (5) working days/shifts after the last meeting between the employee and supervisor. Within ten (10) working days/shifts after the formal grievance is received, the Department Head shall investigate the facts and issues at the earliest date consistent with the nature of the grievance and the normal conduct of the department's business. Within five (5) working days/shifts after concluding the investigation, the Department Head shall render a decision in writing to the employee and Human Resources Office.

Unless a decision of the Department Head is appealed by the employee to Step 2 in the time limits provided, the grievance shall be deemed resolved, final and binding.

Step 2:

If the employee finds that the grievance has not been resolved in Step 1, he/she may, within five (5) working days/shifts after the Department Head's decision is rendered, request in writing that the City Manager consider the grievance and decision as rendered by the Department Head. Within ten (10) working days/shifts after the grievance is received, the City Manager (or designated representative) shall review the facts, issues and make such further investigation as is necessary at the earliest date consistent with the nature of the grievance and normal conduct of City business.

Within five (5) working days/shifts after concluding the review, the City Manager shall render a decision in writing to the employee, Department Head, and Human Resources Office.

Unless the decision of the City Manager is appealed by the employee to Step 3 in the time provided, the grievance shall be deemed resolved, final and binding.

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Item # 10.
27 Step 3:

If the employee finds that the grievance has not been resolved in Step 2, he/she may, within five (5) working days/shifts after the City Manager's decision is rendered, request in writing to the Personnel Commission that they consider the grievance and decision rendered by the City Manager. Within fifteen (15) working days/shifts after the grievance is received, the Personnel Commission shall commence conducting the review. The Personnel Commission shall determine the best means to conduct the review of the facts, issues and such further investigation as is necessary at the earliest date consistent with the nature of the grievance and normal conduct of City business. Within five (5) working days/shifts after concluding the review, the Personnel Commission shall render a decision in writing to the employee, City Manager, Department Head and Human Resources Office.

Step 4:

If the employee finds that the grievance has not been resolved in Step 3, he/she may, within five (5) working days/shifts after the Personnel Commission decision is rendered, submit a request in writing to the City Council. Within fifteen (15) working days/shifts after the grievance is received, the City Council (or their designated representative(s) shall commence conducting the review. The City Council shall determine the best means to conduct the review of the facts, issues and such further investigation as is necessary at the earliest date consistent with the nature of the grievance and normal conduct of City business. Within five (5) working days/shifts after concluding the review, the City Council shall render a decision in writing to the employee, City Manager, Personnel Commission, Department Head and Human Resources Office.

The decision rendered by the City Council shall be final and binding on all parties.

C. General Conditions
Review and determination of a grievance is applicable to certain interpretations and applications as set forth under Definitions and, as such, cannot change any City adopted salary schedules/ranges or such other benefits subject to the meet and confer process.

Performance Appraisals and merit step determinations are not grievable matters, except as provided herein. Performance appraisals and merit increase concerns should be brought forward to the Human Resources Office, with a final determination to be made by the City Manager. If an employee does not receive a due evaluation within a month after the due date, the employee may file a grievance.

An employee may choose to represent himself/herself or select a representative of his/her choice.

The employee shall be personally present at any meeting which may be held, unless he/she specifically waives that right in writing.

In the event that more than one (1) employee is directly involved in a grievance, they shall select one (1) person from among them to carry the grievance forward on their behalf. This person may also select a representative of his/her choice. The employee shall be present at any meetings which may be held, unless he/she specifically waives that right in writing.

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Item # 10.
28 Any time limit of these procedures may be extended by mutual consent of the parties in writing or by action of the Mayor in writing to all parties.

During the grievance process, there shall be no interruption of scheduled work of a department or the City.

ARTICLE 18 – SAFETY
A. Safety Equipment
The City may make such protective clothing or other protective devices available to employees as the Police Chief deems appropriate under the circumstances. Any employee issued such protective clothing or other protective device is responsible for the proper care of these items.

B. Employee Alertness
(1) The most effective safety equipment an employee possesses is an alert mind. Conversely, an employee whose judgment, reactions and analytical processes are impaired or influenced by alcohol or drugs poses a risk to himself/herself, his/her fellow officers and employees, and to the public. The City, therefore, expressly retains the right as explained in this Article to verify that employees covered by this MOU are alert and are not under the influence of alcohol, controlled substances, drugs, or other conditions which would tend to affect or impair judgment, reactions or thought processes.
(2) The parties recognize the problems associated with alcohol and drug abuse in the work place and recognize the safety hazard which would be presented if an employee worked while under the influence of alcohol, intoxicating drugs or controlled substances. The parties further agree that a testing procedure with both privacy and accuracy safeguards is one appropriate means to protect the safety of employees.

C. Drug, Alcohol and Substance Abuse Policy
(1) The City reserves the right, for reasonable suspicion, to require an employee to submit to drug, alcohol or substance abuse testing.
(2) "Reasonable suspicion" for purposes of this Article includes, but is not limited to the following:
(a) A critical incident has occurred while on duty for the City or at the employee's work location.
(i) An accident involving a City vehicle or equipment causing damage to property or persons, in combination with any factors in (b) below.

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Item # 10.
29 (ii) Employee manifests mental or physical impairment sufficient to raise doubt that normal tasks can be safely or effectively performed. (iii) Employee is observed with illegal drug or drug paraphernalia in possession for possible sale or use; employee is observed with open container of alcohol in work area or vehicle.
(b) Documented objected facts and a reasonable inference drawn from those facts that an employee is under the influence of drugs, alcohol or substance. Such objective facts may include characteristics of the employee's appearance, behavior, mannerisms, and speech or body odors. Components of such documentation should include:

1. equilibrium,

2. manner of speech,

3. mental reactions,

4. odor of intoxicants on breath or clothing,

5. eyes,

6. general appearance,

7. physical actions, and

8. work behaviors.

D. Employee Assistance Program
The City shall maintain an Employee Assistance Program (EAP) for employees and family members. Such program shall endeavor to provide counseling services for personal and family member problems related to marital/family, relationship problems, alcohol or drug abuse, stress related problems, depression, and other types of psychological problems, for employees in need of such referral and intervention.

E. Coverage
The City recognizes the hazards associated with the police profession and will provide adequate staffing to protect the public and attempt to make certain that employees covered by this MOU are not exposed to undue or unnecessary hazards. The Police Chief shall determine the appropriate staffing using these basic principles. Additional staffing over and above authorized current staff levels is subject to City Council approval.

ARTICLE 19 - NO STRIKE / NO LOCKOUT
It is agreed by the Association and the City that there shall be not strikes and no lockouts during the term of this MOU.

ARTICLE 20 - DISTRIBUTION
Upon request, the City shall provide copies of this MOU for distribution to the Association.

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Item # 10.
30 Additionally, the MOU shall be available on the City’s website.

ARTICLE 21 - EFFECT OF THIS MOU
It is understood and agreed that the specific and express provisions contained in this MOU shall prevail over employer practice and procedures and over all applicable laws to the extent permitted by law.

This written MOU sets forth the full and complete agreement between the parties concerning the subject matter hereof and supersedes all prior informal or formal agreements thereon. There is no valid or binding representation, inducements, promises, or agreements, oral or otherwise, between the parties that are not embodied herein.

A. Completion of Negotiations
The Unit and the City, for the life of this MOU, voluntarily and unqualifiedly waive and relinquish the right to meet and confer, except for express, conditional re-openers. Neither party shall be obligated to meet and confer with respect to any subject or matter not specifically referenced in this MOU, even though such subjects may not have been within the knowledge or contemplation of either or both parties at the time they signed this MOU, unless required by state or federal law.

Nothing herein shall preclude the parties from meeting and conferring by mutual consent.

ARTICLE 22 – NOTICE
Whenever provision is made in this MOU for the giving, service, or delivery of any notice, statement, or other instrument, the same shall have been deemed as delivered, duly served or given upon personal delivery or upon mailing the same by United States registered or certified mail, proof of service, to the party entitled thereto at the address set forth below:

Employer Association:

City of Grass Valley, Human Resources Unit No. 6 Representative 125 E. Main Street 129 S. Auburn Street
Grass Valley, CA 95945 Grass Valley, CA 95945
Labor Representative
Mastagni, Holstedt, A.P.C.
1912 I Street
Sacramento, CA 95811
ARTICLE 23 –SEVERABILITY SAVINGS CLAUSE
If, during the life of this MOU, any law or any order issued by a court or other tribunal of competent jurisdiction shall render invalid or restrain compliance with or enforcement of any provision of this MOU, such provision shall be inoperative so long as such law or order shall remain in effect, but all other provisions of this MOU shall not be affected thereby and shall continue in full force and effect.

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Item # 10.
31 In the event of suspension or invalidation of any Article or Section of this MOU, the parties mutually agree to meet and negotiate within ninety (90) days after such determination for the purpose of arriving at a mutually satisfactory replacement for such Article or Section.

ARTICLE 24 –MAINTENANCE OF NEGOTIABLE BENEFITS
It is understood and agreed by the parties that there exist within the City certain negotiable past practices, policies, or procedures which pertain to wages, hours, and conditions of employment.

Such matters shall not be modified or rescinded during the term of this Memorandum of Understanding except by the giving of notice to the Association and providing the opportunity to meet and confer on the matter.

ARTICLE 25 – TERM OF MOU
Upon the approval of the City Council and ratification of the Association the terms of this MOU shall be effective July 1, 2021 2022 and shall continue in full force and effect through June 30, 20222023.

This MOU may be extended, modified, or amended by mutual agreement in writing by both parties and City Council approves the extension, modification or amendment. It is understood and agreed between the parties that all prior MOU's, Agreements, and/or Resolutions between them are hereby terminated and canceled, and that this MOU supersedes and replaces all such prior MOU’s, Agreements or Resolutions. Negotiations for successor MOU shall commence no later than April 1st of the last year of the agreement.

RECOMMENDATION OF REPRESENTATIVES
The City and representatives of the Association held meetings and discussed the above, and representatives of the Association have caused this MOU to be signed and the representative of the City has caused this MOU to be signed to signify their mutual agreement.

GRASS VALLEY POLICE

CITY OF GRASS VALLEY OFFICERS ASSOCIATION
___________________________ __________________________

TIM KISER, CITY MANAGER EVAN BUTLER, POA PRESIDENT

________________________

DALE NORVELL, TREASURER

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Item # 10.
32 APPROVAL OF AGREEMENT
Approval and adoption of this Memorandum of Understanding is made this ______________day of June 20212022, effective July 1, 2021 2022 – June 30, 20222023, by the Grass Valley City Council.
_______________________________

BEN AGUILAR, MAYOR
ATTEST:
___________________________________________

TAYLOR DAY, CITY CLERK
APPROVED AS TO FORM:
___________________________________________
MICHAEL G. COLANTUONO, CITY ATTORNEY

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Item # 10.
33 APPENDIX A – SALARY SCHEDULE

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Item # 10.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Approval of Cost of Living Adjustment (COLA) and Executive Contract Appendix Recommendation: That Council 1) approve the a 5% Cost of Living Adjustment for all Executive Contract Employees and reduction of personal Leave time accrual; 2) review the proposed Amendment to the Employment Agreements (including Appendix A) with Department Directors, Administrative Services Director, Community Development Director, Public Works Director of Operations, City Clerk, Deputy Administrative Services Director, Deputy City Clerk/Management Services Analyst, Police Chief, and Fire Chief; 3) authorize the City Manager to execute the agreements subject to legal review; 4) authorize the attached Amendment to the City Manager’s Contract for the COLA and Personal Leave reduction and authorize the Mayor to execute the agreement, subject to legal review; and 5) authorize the Finance Director or the City Manager’s designee to make any necessary budget adjustments and/or amendments to complete this action.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 06/28/2022 Date Prepared: 06/17/2022 Agenda: Consent
Background Information: Per previous actions of City Council, various City labor groups have agreed modified their respective current Labor Memorandum of Understandings with the City of Grass Valley to reflect a 5% COLA to address inflationary issues. As such, staff is requesting to amend all the Executive Contract employees (City Manager, Administrative Services Director, Community Development Director, Public Works Director of Operations, City Clerk, Deputy Administrative Services Director, Deputy City Clerk/Management Services Analyst, Police Chief, and Fire Chief) to provide a fivepercent Cost of Living Adjustment (COLA) effective June 26, 2022 (the first day of a pay period coinciding with a July 1, 2022 implementation. Additionally, to offset some of the 5% COLA, Personal Leave time accrued time will be reduced effective June 26, 2022 for 10 plus years to 20 years to 316 hours (12.15 hours biweekly) for a reduction of 4 hours and 20 plus years to 328 hours (12.62 hours biweekly) for an equivalent of a reduction of 8 hours over those periods.

The estimated fiscal impacts for the Executive Unit include the following:

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Item # 11.

Contract Provision Revision Estimated Annual Incremental Cost Providing a 5% COLA increase to each Executive
Director Unit
$61,680 (General Fund)
$4,585 (Water Fund)
$10,430 (Sewer Fund)
Council Goals/Objectives: This proposed action executes portions of the work tasks towards achieving / maintaining the Strategic Plan goal to maintain a Productive and Efficient Workforce.

Fiscal Impact: The estimated incremental annual costs of $76,695 effective for the beginning of the FY2022/23 has been included in the recommended budget for FY2022/23.

Funds Available: Yes Account #: Various
Reviewed by: City Manager
Attachments:
 Proposed Draft Amendment for Executive Employees
 Proposed City Manager Contract Amendment

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Item # 11.

SECOND AMENDED EMPLOYMENT AGREEMENT BETWEEN

CITY OF GRASS VALLEY AND NAME
This Second Amended Employment Agreement (“Agreement”) is effective as of the ____ day of ___________, 2022 by and between the City of Grass Valley (“City”) and XXX XXXXX (“City Job Title” or “Employee”) (collectively, the “Parties”).

RECITALS
WHEREAS, the City and Employee entered into an Employment Agreement (the “Original Agreement”) for their service in the position of Job Title effective Date; and amended that Original Agreement effective June 27, 2021 (“First Amendment”); and WHEREAS, the City Council desires to provide Employee with a Cost of Living Adjustment (COLA) in recognition of exemplary service to the City; and WHEREAS, parties may modify the Agreement upon mutual written agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein the adequacy of which is hereby acknowledged by the PARTIES to be sufficient, the PARTIES agree as follows:

TERMS AND CONDITIONS

1. Section 4 (Compensation) Paragraph A of the Original Agreement is hereby amended to read as follows:
“Section 4 – Compensation
A. The Job Title’s annual salary shall be $xxx,xxx, effective June 26, 2022, payable in equal bi-weekly payments to be made at the same time as other employees are paid.

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Item # 11.

2. Remove and replace Appendix A with the attached Appendix A dated June 28, 2022 reflecting the 5% COLA.

3. Remove and replace Appendix A with the attached Appendix A dated June 28, 2022 reflecting the reductions of Personal Leave time accrues for 10 plus years to 20 years = 316 hours (12.15 hours biweekly) and 20 plus years = 328 hours (12.62 hours biweekly) for an equivalent of a reduction of 8 hours over those periods.

4. All other terms, conditions, and provisions of the Original Agreement, to the extent not modified by this Agreement, shall remain in full force and effect.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

CITY
City of Grass Valley
By:_________________________
Tim Kiser
City Manager
Date:_______________

EMPLOYEE
Name
By:_________________________
Name
Date:_______________
Attest:

By:_________________________
Andy Heath
City Clerk
Date:_______________
Approved as to form:

By:_________________________
Michael G. Colantuono,
City Attorney
Date:_______________

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Item # 11.

Appendix A - Compensation and Benefits
June 26, 2022
Life Insurance and Long Term Disability, EAP, Retiree Health Plan, other Benefits, and Special Provisions
A. EMPLOYEE CONTRIBUTIONS
Employee contributions towards health benefits are on a pre-tax basis and subject to IRS rules.

B. LIFE INSURANCE
The City shall provide term Life insurance benefits for the Employee, without cost to the Employee, of 1.5 times their annual salary up to two hundred thousand dollars ($200,000) for the Employee, five thousand dollars ($5,000) for the Employee’s spouse and fifteen hundred dollars ($1,500) for eligible dependent children without cost to the employee.

C. LONG TERM DISABILITY INSURANCE
The City shall provide without cost to the Employee an income protection insurance program that shall insure an Employee’s income to a maximum of sixty-six and two thirds (66 2/3%) of monthly earnings with a ceiling of six thousand dollars ($6,000) in calculated base. Conditions of coverage shall be controlled by the master agreement with the insurance company.

D. EMPLOYEE ASSISTANCE PROGRAM
The City has an established Employee Assistance Program. This program provides confidential counseling help for employees and their families. The Employee Assistance program provides for up to 3 visits.

E. RETIREE HEALTH PLAN BENEFIT
Employees who become subject to this Plan on or before July 1, 2011, who retire from the City in good standing, who have at least five years of Grass Valley service, who elect to retain CalPERS medical coverage and who are of full retirement age shall be entitled to payment of up to $500 towards the CalPERS premium for a single party until such time as the Employee is eligible to receive Medicare or is hired and has healthcare coverage available from the new employment.

Employees who become subject to this Plan after July 1, 2011, who retire from the City in good standing, who have at least ten years of Grass Valley service, who elect to retain CalPERS medical coverage and who are of full retirement age shall be entitled to payment

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Item # 11.

Appendix A - Compensation and Benefits
June 26, 2022
of up to $250 towards the CalPERS premium for a single party until such time as the Employee is eligible to receive Medicare or is hired and has healthcare coverage available from the new employment.

If the Employee so desires, his/her spouse may be added at the additional cost difference of the Employee plus one and the Employee pays the difference. If the Employee retiree selects a health plan that costs less than the City’s contribution, they will not be eligible to receive the cash difference. All premium contributions must be received one month in advance and it is the responsibility of the Employee retiree to ensure that the City receives payment.

Failure to pay the retiree’s contribution in a timely manner (i.e., within 30 days of due date) will result in the loss of the benefit.

Employees waiving health care coverage shall receive two hundred fifty dollars ($250) per month less the cost of any elected dental or vision insurance per month until eligible for Medicare or is hired and has healthcare coverage available from the new employment.

Employees waiving health care coverage must produce evidence of insurance through another source. Any payment due Employees for waiving medical insurance coverage shall be paid in a lump sum per month.

Personal Leave
The purpose of Personal Leave is to provide Employees the ability to accrue time for vacation, sick leave and personal leave situations.

Employees shall accrue Personal Leave hours at a rate of no less than 256 hours and no more than 336 hours per year based on years of service as set forth below. One twenty-sixth (1/26) of such Personal Leave amount shall accrue each pay period.

No Employee may carry a balance of more than 520 hours of their Personal Leave. Employees who have accumulated 520 hours of Personal Leave will accrue no further Personal Leave until they have used Personal Leave in an amount sufficient to bring their accumulated Personal Leave balance below 520 hours. Employees may convert up to 160 hours of accrued Personal Leave to salary compensation once each year. Personal Leave conversion of a maximum of 160 hours to salary must be submitted by December 20th of each year. 100% of Personal Leave hours in excess of the maximum accrual amount may be converted to banked PERS service credit in accordance with CalPERS regulations.

Employees who become subject to this Plan after July 1, 2011 must convert all accumulated Vacation Leave, Sick Leave to “Personal Leave”. Those hours of Sick Leave or Vacation Leave combined in excess of 520 hours will be placed in a Sick Leave and Vacation Leave bank account to be utilized by the Employee, or paid out upon separation from service as set forth herein, or converted to banked PERS service credit in accordance with CalPERS regulations. Upon separation from service, the City shall pay employee a one-time lump sum calculated on Fifty (50%) Percent of the employee’s banked unused Sick Leave and one hundred (100%) percent of the employee’s banked Vacation Leave. (For example, if an employee is compensated for 450 hours of sick leave at the 50% rate, the uncompensated 225 hours would go to PERS service credit as allowed by PERS.)

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Item # 11.

Appendix A - Compensation and Benefits
June 26, 2022
Employees will accrue Personal Leave time at the following rates:
1 to 2 years of city service = 256 hours
2 plus years to 5 years = 272 hours (10.46 hours biweekly) 5 plus years to 10 years = 296 hours (11.38 hours biweekly) 10 plus years to 20 years = 316 hours (12.15 hours biweekly) 20 plus years = 328 hours (12.62 hours biweekly)
After 2 plus years of city service, credit for prior public service may be included for purposes of calculating annual time subject to the City Manager approval. Prior public service shall be similar in nature to the duties being performed by the Employee for City to be eligible for this benefit.

Certifications
The City shall pay the costs associated with obtaining and maintaining special certificates that are required by the State of California, the City of Grass Valley or any governmental agency to obtain and maintain as a condition of employment.

Holidays
Employees are entitled to 12 paid holidays as listed below.

Recognized Holidays shall include:

New Year’s Eve New Year’s Day
Presidents Day Veterans Day
Martin Luther King Day Thanksgiving Day
Memorial Day The Day After Thanksgiving
July 4th Christmas Eve
Labor Day Christmas Day
A paid holiday is equivalent to eight hours, for a total of 96 hours per year. Holiday hours are accrued outside of Personal Leave, must be used within the calendar year accrued. Unused holiday hours may not be carried over into any subsequent calendar year or "cashed out." Special Provisions
A. PUBLIC SAFETY UNIFORM ALLOWANCE
The Police Chief, Deputy Police Chief, and Fire Chief shall be provided a uniform and cleaning allowance. The amount of the benefit will be the same as established under Unit 6 for the Police Chief and Deputy Police Chief and under Unit 8 for the Fire Chief.

B. VEHICLE ALLOWANCE

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Item # 11.

Appendix A - Compensation and Benefits
June 26, 2022
The Police Chief, Deputy Police Chief, Fire Chief and Public Works Director shall be provided a vehicle. Other Employees may be granted a car allowance subject to the City Manager’s approval and in accordance with City adopted policies. Employees will have access to City “Pool” vehicles for conducting City business or will be eligible for mileage reimbursement for personal vehicle use when conducting City business in accordance with City adopted policies.

C. TRAINING/MEMBERSHIPS
Employees shall be entitled to training, travel, workshops, and professional memberships, for the purpose of personal growth and enrichment subject to the annual amounts budgeted each year in the respective department for this purpose. City agrees to reimburse Employee for reasonable expenses for training, travel, workshops and professional memberships which have been authorized by the City Budget and approved in advance by the City Manager.

Employee must submit expense receipts, statements or personal affidavits, and audit thereof in like manner as other demands against the City.

D. PUBLIC EMPLOYEES RETIREMENT SYSTEM
All Employees will be members of the California Public Employees Retirement System as provided by the terms of the contracts between the City of Grass Valley and the California Public Employees Retirement System.

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Item # 11.

Appendix A - Compensation and Benefits
June 26, 2022
Salary Schedule
Annual Salary
Position Min Mid Max
Police Chief $ 147,718.00 $ 168,802.25 $ 203,962.50
Administrative Services Director $ 135,056.25 $ 154,350.00 $ 187,425.00 Deputy Police Chief $ 135,056.25 $ 154,350.00 $ 187,425.00 Fire Chief $ 135,056.25 $ 154,350.00 $ 187,425.00
Community Development Director $ 126,615.25 $ 144,703.00 $ 176,400.00 City Engineer $ 126,615.25 $ 144,703.00 $ 176,400.00
Public Works Director of Operations $ 126,615.25 $ 144,703.00 $ 176,400.00 Utilities Director $ 126,615.25 $ 144,703.00 $ 176,400.00 Deputy Administrative Services
Director
$ 101,291.00 $ 116,795.50 $ 132,300.00
City Clerk $ 84,409.350 $ 97,330.00 $ 110,250.00
Deputy City Clerk/Management
Services Analyst
$ 75,969.00 $ 87,597.00 $ 99,225.00

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Item # 11.

THIRD AMENDED EMPLOYMENT AGREEMENT BETWEEN

CITY OF GRASS VALLEY AND TIM KISER
This Third Amended Employment Agreement (“Agreement”) is effective as of the____ day of June, 2022 by and between the City of Grass Valley (“City”) and Tim Kiser (“City Manager” or “Employee”) (collectively, the “Parties”).

RECITALS
WHEREAS, the City and Employee entered into an Employment Agreement (the “Original Agreement”) for his service in the position of City Manager effective September 12, 2017 and amended that Original Agreement effective September 1, 2020 (“First Amendment”) and effective September 1, 2021 (“Second Amendment”); and
WHEREAS, the City Council desires to provide Employee with a Cost of Living Adjustment (COLA) in recognition of exemplary service to the City; and WHEREAS, the City Council desires to reduce Personal Leave accrues by 8 hours: and WHEREAS, parties may modify the Agreement upon mutual written agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein the adequacy of which is hereby acknowledged by the PARTIES to be sufficient, the PARTIES agree as follows:

TERMS AND CONDITIONS

1. Section 5 (Compensation) of the Original Agreement as amended by the First and Second Amendments is hereby further amended to read as follows:
“Section 5 – Compensation
A. The City Manager’s annual salary shall be $223,600, effective June 26, 2022.

B. City Manager’s compensation shall be reviewed at least annually in connection with the annual review required by section 14 below or at other times as may be determined by City Council. Further, it is understood that it is the intent of the City Council to increase salary, or other benefits referred to in this agreement during the term of this Agreement, dependent on the quality of job performance by City Manager and the City’s fiscal condition.

2. Section 8 Personal Leave of the Original Agreement is modified to reflect the reduction in 8 hours of Personal leave as follows:
8 Personal Leave (Paragraph B.)
B. The City Manager will be afforded banked personal and vacation leaves accrued with the City as of September 11, 2017. City Manager shall be paid one-half the value of his banked

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Item # 11.
sick leave accrued with the City as of September 11, 2017 (subject to applicable payroll taxes) and shall thereafter accrue no sick leave, it having been replaced with personal leave. Effective June 26, 2022, the City Manager shall accrue personal leave at a rate of 328 hours per year (12.62 hours biweekly). One twenty sixth (1/26) of such personal leave amount shall accrue each pay period.

3. All other terms, conditions, and provisions of the Original Agreement, to the extent not modified by this Agreement, shall remain in full force and effect.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

CITY
City of Grass Valley
By:_________________________
Mayor
Date:_______________

EMPLOYEE
Tim Kiser
By:_________________________
Tim Kiser
Date:_______________
Attest:

By:_________________________
Andy Heath
City Clerk
Date:_______________
Approved as to form:

By:_________________________
Michael G. Colantuono,
City Attorney
Date:_______________

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Item # 11.

City of Grass Valley
City Council
Agenda Action Sheet
Title: Confirming the purchase of properties at 11150 and 1207 Idaho Maryland Road for $275,000
Recommendation: That Council 1) approve the purchase agreement with Daniel McCarthy for the properties at 11150 Idaho Maryland Road (APN 035-412-024) and 1207 Idaho Maryland Road (APN 009-680-023), subject to legal review; 2) approve the purchase amount of $275,000, 3) authorize the City Manager to sign all real estate documents required to complete the purchase with Daniel McCarthy, subject to legal review; and 4) approve the Finance Director to make the necessary budget adjustments and transfers to complete these actions.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 06/28/2022 Date Prepared: 06/22/2022 Agenda: Consent
Background Information: The purpose of this property purchase is for future park needs, including but not limited to potential trail head, parking, and other park improvements. The City offered the list price of $275,000 to purchase the properties at 11150 Idaho Maryland Road (APN 035-412-024) and 1207 Idaho Maryland Road (APN 009-680-023) and the owner “Daniel McCarthy” accepted. After receiving direction from the City Council to negotiate the purchase of the property based upon the list price, staff and the property owner agreed to the sale of the property in accordance with the attached sale agreement. The Planning Commission found that this land purchase is in compliance with the City’s General Plan.

Council Goals/Objectives: This project supports tasks towards achieving/maintaining Strategic Plan – Economic Development and City Infrastructure Investment.

Fiscal Impact: Funding for this purchase will come from the City’s Development Impact Fee Fund for Parks and SMA fund ($275,000).

Funds Available: Yes Account #: Development Impact Fees Reviewed by: __ City Manager

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Item # 12.

DISCLOSURE REGARDING

REAL ESTATE AGENCY RELATIONSHIP
(As required by the Civil Code)
(C.A.R. Form AD, Revised 12/21)
(If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.13(j), (k), and (l).

When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction.

SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations:

To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.

To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations:

To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.

To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above.

AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.

In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections.

In representing both Seller and Buyer, a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the Buyer's or Seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the Seller's willingness to accept a price less than the listing price or the Buyer's willingness to pay a price greater than the price offered.

SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as a dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role.

The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.

If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation.

Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change.

Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE SECOND PAGE.

Buyer Seller Landlord Tenant Date
Buyer Seller Landlord Tenant Date
Agent DRE Lic. #
Real Estate Broker (Firm)
By DRE Lic. # Date
(Salesperson or Broker-Associate, if any)
© 2021, California Association of REALTORS®, Inc.

AD REVISED 12/21 (PAGE 1 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) Phone: Fax:

Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com X City of Grass Valley
None
None
Highland Commercial, Inc., 11300 Willow Valley Road Nevada City CA 95959 5304701740 5304700989 Idaho Maryland Lachlan Richards
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B 6/22/2022 | 8:13 AM P

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Item # 12.

CIVIL CODE SECTIONS 2079.13 ‒ 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13. As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
(a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent's salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (5) a recreational vehicle, as defined in Section 799.29. (d) “Dual agent” means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) “Listing agreement” means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) “Seller's agent” means a person who has obtained a listing of real property to act as an agent for compensation. (g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller's agent. (h) “Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) “Offer to purchase” means a written contract executed by a buyer acting through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) “Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) multiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) “Real property transaction” means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (l) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (m) “Seller” means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller” includes both a vendor and a lessor of real property. (n) “Buyer's agent” means an agent who represents a buyer in a real property transaction. 2079.14. A seller's agent and buyer's agent shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in Section 2079.15, as follows: (a) The seller's agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The buyer's agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyer's agent, the buyer's agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer.
2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as practicable, the buyer's agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller's agent is acting in the real property transaction as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller.

CONFIRMATION: (c) The confirmation required by subdivisions (a) and (b) shall be in the following form:

Seller's Brokerage Firm DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is the broker of (check one): the seller; or both the buyer and seller. (dual agent) Seller's Agent DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is (check one): the Seller's Agent. (salesperson or broker associate) both the Buyer's and Seller's Agent. (dual agent) Buyer's Brokerage Firm DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is the broker of (check one): the buyer; or both the buyer and seller. (dual agent) Buyer's Agent DO NOT COMPLETE. SAMPLE ONLY License Number ______________ Is (check one): the Buyer's Agent. (salesperson or broker associate) both the Buyer's and Seller's Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. An agent's duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affiliated with that broker. 2079.18 (Repealed pursuant to AB-1289)
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller. (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) “Confidential information” means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a seller's agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. © 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
AD REVISED 12/21 (PAGE 2 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com Idaho Maryland DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B

Page 167 ends

Item # 12.

FAIR HOUSING & DISCRIMINATION ADVISORY
(C.A.R. Form FHDA, 10/20)

1. EQUAL ACCESS TO HOUSING FOR ALL: All housing in California is available to all persons. Discrimination as noted below is prohibited by law. Resources are available for those who have experienced unequal treatment under the law.

2. FEDERAL AND STATE LAWS PROHIBIT DISCRIMINATION AGAINST IDENTIFIED PROTECTED CLASSES:

A. FEDERAL FAIR HOUSING ACT (“FHA”) Title VIII of the Civil Rights Act; 42 U.S.C. §§ 3601-3619; Prohibits discrimination in sales, rental or financing of residential housing against persons in protected classes; B. CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (“FEHA”) California Government Code (“GC”) §§12900- 12996,12955; 2 California Code of Regulations (“CCR”) §§12005-12271; Prohibits discrimination in sales, rental or financing of housing opportunity against persons in protected classes by providers of housing accommodation and financial assistance services as related to housing;
C. CALIFORNIA UNRUH CIVIL RIGHTS ACT (“Unruh”) California Civil Code (“CC”) §51; Prohibits business establishments from discriminating against, and requires full and equal accommodation, advantages, facilities, privileges, and services to persons in protected classes;
D. AMERICANS WITH DISABILITIES ACT (“ADA”) 42 U.S.C. §§12181-12189; Title III of the ADA prohibits discrimination based on disability in public accommodations; and
E. OTHER FAIR HOUSING LAWS: Section 504 of Rehabilitation Act of 1973 29 U.S.C. §794; Ralph Civil Rights Act CC §51.7.; California Disabled Persons Act; CC §§54-55.32; any local city or county fair housing ordinances, as applicable.

3. POTENTIAL LEGAL REMEDIES FOR UNLAWFUL DISCRIMINATION: Violations of fair housing laws may result in monetary civil fines, injunctive relief, compensatory and/or punitive damages, and attorney fees and costs.

4. PROTECTED CLASSES/CHARACTERISTICS: Whether specified in Federal or State law or both, discrimination against persons if based on that person's belonging to, association with, or perceived membership to, any of the following classes or categories is prohibited.

Race Color Ancestry National Origin Religion
Sex Sexual Orientation Gender Gender Identity Gender Expression Marital Status Familial Status (family with a
child or children under 18)
Source of Income (e.g.,
Section 8 Voucher)
Disability (Mental &
Physical) Medical Condition
Citizenship Primary Language Immigration Status Military/Veteran Status Age Criminal History (non-relevant convictions) Any arbitrary characteristic

5. THE CALIFORNIA DEPARTMENT OF REAL ESTATE REQUIRES TRAINING AND SUPERVISION TO PREVENT HOUSING DISCRIMINATION BY REAL ESTATE LICENSEES:

A. California Business & Professions Code (“B&PC”) §10170.5(a)(4) requires 3 hours of training on fair housing for DRE license renewal; Real Estate Regulation §2725(f) requires brokers who oversee salespersons to be familiar with the requirements of federal and state laws relating to the prohibition of discrimination.

B. Violation of DRE regulations or real estate laws against housing discrimination by a real estate licensee may result in the loss or suspension of the licensee's real estate license. B&PC §10177(l)(1); 10 CCR §2780

6. REALTOR® ORGANIZATIONS PROHIBIT DISCRIMINATION: NAR Code of Ethics Article 10 prohibits discrimination in employment practices or in rendering real estate license services against any person because of race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity by REALTORS®.

7. WHO IS REQUIRED TO COMPLY WITH FAIR HOUSING LAWS?
Below is a non-exclusive list of providers of housing accommodations or financial assistance services as related to housing who are most likely to be encountered in a housing transaction and who must comply with fair housing laws. ● Sellers ● Landlords ● Sublessors
● Real estate licensees ● Real estate brokerage firms ● Property managers ● Mobilehome parks ● Homeowners Associations (“HOAs”); ● Banks and Mortgage lenders ● Insurance companies ● Government housing services

8. EXAMPLES OF CONDUCT THAT MAY NOT BE MOTIVATED BY DISCRIMINATORY INTENT BUT COULD HAVE A DISCRIMINATORY EFFECT:

A. Prior to acceptance of an offer, asking for or offering buyer personal information or letters from the buyer, especially with photos.

Those types of documents may inadvertently reveal, or be perceived as revealing, protected status information thereby increasing the risk of (i) actual or unconscious bias, and (ii) potential legal claims against sellers and others by prospective buyers whose offers were rejected.

B. Refusing to rent (i) an upper level unit to an elderly tenant out of concern for the tenant's ability to navigate stairs or (ii) a house with a pool to a person with young children out of concern for the children's safety.

9. EXAMPLES OF UNLAWFUL OR IMPROPER CONDUCT BASED ON A PROTECTED CLASS OR CHARACTERISTIC:

A. Refusing to negotiate for a sale, rental or financing or otherwise make a housing opportunity unavailable; failing to present offers due to a person's protected status;
B. Refusing or failing to show, rent, sell or finance housing; “channeling” or “steering” a prospective buyer or tenant to or away from a particular area due to that person's protected status or because of the racial, religious or ethnic composition of the neighborhood; C. “Blockbusting” or causing “panic selling” by inducing a listing, sale or rental based on the grounds of loss of value of property, increase in crime, or decline in school quality due to the entry or prospective entry of people in protected categories into the neighborhood;
D. Making any statement or advertisement that indicates any preference, limitation, or discrimination; © 2020, California Association of REALTORS®, Inc.

FHDA 10/20 (PAGE 1 OF 2)
FAIR HOUSING & DISCRIMINATION ADVISORY (FHDA PAGE 1 OF 2) Phone: Fax:

Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com Highland Commercial, Inc., 11300 Willow Valley Road Nevada City CA 95959 5304701740 5304700989 Idaho Maryland Lachlan Richards
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B

Page 168 ends

Item # 12.

E. Inquiring about protected characteristics (such as asking tenant applicants if they are married, or prospective purchasers if they have children or are planning to start a family);
F. Using criminal history information before otherwise affirming eligibility, and without a legally sufficient justification; G. Failing to assess financial standards based on the portion of the income responsible by a tenant who receives government subsidies (such as basing an otherwise neutral rent to income ratio on the whole rent rather than just the part of rent that is the tenant's responsibility);
H. Denying a home loan or homeowner's insurance;
I. Offering inferior terms, conditions, privileges, facilities or services; J. Using different qualification criteria or procedures for sale or rental of housing such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures or other requirements; K. Harassing a person;
L. Taking an adverse action based on protected characteristics; M. Refusing to permit a reasonable modification to the premises, as requested by a person with a disability (such as refusing to allow a wheel chair bound tenant to install, at their expense, a ramp over front or rear steps, or refusing to allow a physically disabled tenant from installing, at their own expense, grab bars in a shower or bathtub); N. Refusing to make reasonable accommodation in policies, rules, practices, or services for a person with a disability (such as the following, if an actual or prospective tenant with a disability has a service animal or support animal):
(i) Failing to allow that person to keep the service animal or emotional support animal in rental property, (ii) Charging that person higher rent or increased security deposit, or (iii) Failing to show rental or sale property to that person who is accompanied by the service animal or support animal, and; O. Retaliating for asserting rights under fair housing laws.

10. EXAMPLES OF POSITIVE PRACTICES:

A. Real estate licensees working with buyers or tenants should apply the same objective property selection criteria, such as location/neighborhood, property features, and price range and other considerations, to all prospects.

B. Real estate licensees should provide complete and objective information to all clients based on the client's selection criteria.

C. Real estate licensees should provide the same professional courtesy in responding to inquiries, sharing of information and offers of assistance to all clients and prospects.

D. Housing providers should not make any statement or advertisement that directly or indirectly implies preference, limitation, or discrimination regarding any protected characteristic (such as “no children” or “English-speakers only”).

E. Housing providers should use a selection process relying on objective information about a prospective buyer's offer or tenant's application and not seek any information that may disclose any protected characteristics (such as using a summary document, e.g. C.A.R. Form SUM-MO, to compare multiple offers on objective terms).

11. FAIR HOUSING RESOURCES: If you have questions about your obligations or rights under the Fair Housing laws, or you think you have been discriminated against, you may want to contact one or more of the sources listed below to discuss what you can do about it, and whether the resource is able to assist you.

A. Federal: https://www.hud.gov/program_offices/fair_housing_equal_opp B. State: https://www.dfeh.ca.gov/housing/
C. Local: local Fair Housing Council office (non-profit, free service) D. DRE: https://www.dre.ca.gov/Consumers/FileComplaint.html E. Local Association of REALTORS®. List available at: https://www.car.org/en/contactus/rosters/localassociationroster.

F. Any qualified California fair housing attorney, or if applicable, landlord-tenant attorney.

12. LIMITED EXCEPTIONS TO FAIR HOUSING REQUIREMENTS: No person should rely on any exception below without first seeking legal advice about whether the exception applies to their situation. Real estate licensees are not qualified to provide advice on the application of these exceptions.

A. Legally compliant senior housing is exempt from FHA, FEHA and Unruh as related to age or familial status only; B. An owner of a single-family residence who resides at the property with one lodger may be exempt from FEHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; C. An owner of a single-family residence may be exempt from FHA for sale or rental purposes, PROVIDED (i) no real estate licensee is involved in the sale or rental and (ii) no discriminatory advertising is used, and (iii) the owner owns no more than three single-family residences. Other restrictions apply; D. An owner of residential property with one to four units who resides at the property, may be exempt from FHA for rental purposes, PROVIDED no real estate licensee is involved in the rental; and E. Both FHA and FEHA do not apply to roommate situations. See, Fair Housing Council v Roommate.com LLC, 666 F.3d 1216 (2019).

F. Since both the 14th Amendment of the U.S. Constitution and the Civil Rights Act of 1866 prohibit discrimination based on race; the FHA and FEHA exemptions do not extend to discrimination based on race.

Buyer/Tenant and Seller/Landlord have read, understand and acknowledge receipt of a copy of this Fair Housing & Discrimination Advisory.

Buyer/Tenant Date
Buyer/Tenant Date
Seller/Landlord Date
Seller/Landlord Date
© 2020, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
FHDA 10/20 (PAGE 2 OF 2)
FAIR HOUSING & DISCRIMINATION ADVISORY (FHDA PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com City of Grass Valley
Daniel McCarthy
Idaho Maryland
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B 6/22/2022 | 8:13 AM PDT
6/22/2022 | 8:49 AM PDT

Page 169 ends

Item # 12.

POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER

OR SELLER - DISCLOSURE AND CONSENT
(C.A.R. Form PRBS, Revised 12/21)
A real estate broker (Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees) acting under the Broker's license. The associate licensees may be working out of the same or different office locations.

Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property.

Multiple Sellers: Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers.

Dual Agency: If Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property.

In the event of dual agency, seller and buyer agree that: a dual agent may not, without the express permission of the respective party, disclose to the other party confidential information, including, but not limited to, facts relating to either the buyer's or seller's financial position, motivations, bargaining position, or other personal information that may impact price, including the seller's willingness to accept a price less than the listing price or the buyer's willingness to pay a price greater than the price offered; and except as set forth above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the Property to both parties.

Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller.

Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships.

Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller - Disclosure and Consent and agrees to the agency possibilities disclosed.

Seller Date
Seller Date
Buyer Date
Buyer Date
Buyer's Brokerage Firm DRE Lic # Date
By DRE Lic # Date
Seller's Brokerage Firm DRE Lic # Date
By DRE Lic # Date
© 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
PRBS REVISED 12/21 (PAGE 1 OF 1)
POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE 1 OF 1) Phone: Fax:

Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com Daniel McCarthy
City of Grass Valley
None
None
Sperry Commercial Global Affiliates - Highland Commercial 01302767 01302767
Lachlan Richards
Highland Commercial, Inc., 11300 Willow Valley Road Nevada City CA 95959 5304701740 5304700989 Idaho Maryland Lachlan Richards
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B 6/22/2022 | 8:13 A
6/22/2022 | 2:32 P
6/22/2022 | 8:49 A

Page 170 ends

Item # 12.

WIRE FRAUD AND ELECTRONIC FUNDS

TRANSFER ADVISORY
(C.A.R. Form WFA, Revised 12/21)
Property Address: (“Property”).

WIRE FRAUD AND ELECTRONIC FUNDS TRANSFERS ADVISORY:

The ability to communicate and conduct business electronically is a convenience and reality in nearly all parts of our lives.

At the same time, it has provided hackers and scammers new opportunities for their criminal activity. Many businesses have been victimized and the real estate business is no exception.

While wiring or electronically transferring funds is a welcome convenience, we all need to exercise extreme caution.

Emails attempting to induce fraudulent wire transfers have been received and have appeared to be legitimate. Reports indicate that some hackers have been able to intercept emailed transfer instructions, obtain account information and, by altering some of the data, redirect the funds to a different account. It also appears that some hackers were able to provide false phone numbers for verifying the wiring or funds transfer instructions. In those cases, the victim called the number provided to confirm the instructions, and then unwittingly authorized a transfer to somewhere or someone other than the intended recipient.

ACCORDINGLY, YOU ARE ADVISED:

1. Obtain phone numbers and account numbers only from Escrow Officers, Property Managers, or Landlords at the beginning of the transaction.

2. DO NOT EVER WIRE OR ELECTRONICALLY TRANSFER FUNDS PRIOR TO CALLING TO CONFIRM THE TRANSFER INSTRUCTIONS. ONLY USE A PHONE NUMBER YOU WERE PROVIDED PREVIOUSLY. Do not use any different phone number or account number included in any emailed transfer instructions.

3. Orally confirm the transfer instruction is legitimate and confirm the bank routing number, account numbers and other codes before taking steps to transfer the funds.

4. Avoid sending personal information in emails or texts. Provide such information in person or over the telephone directly to the Escrow Officer, Property Manager, or Landlord.

5. Take steps to secure the system you are using with your email account. These steps include creating strong passwords, using secure WiFi, and not using free services.

If you believe you have received questionable or suspicious wire or funds transfer instructions, immediately notify your bank, and the other party, and the Escrow Office, Landlord, or Property Manager. The sources below, as well as others, can also provide information:

Federal Bureau of Investigation: https://www.fbi.gov/; the FBI's IC3 at www.ic3.gov; or 310-477-6565 National White Collar Crime Center: http://www.nw3c.org/ On Guard Online: https://www.onguardonline.gov/
NOTE: There are existing alternatives to electronic and wired fund transfers such as cashier's checks.

By signing below, the undersigned acknowledge that each has read, understands and has received a copy of this Wire Fraud and Electronic Funds Transfer Advisory.

Buyer/Tenant Date
Buyer/Tenant Date
Seller/Landlord Date
Seller/Landlord Date
©2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
WFA REVISED 12/21 (PAGE 1 OF 1)
WIRE FRAUD AND ELECTRONIC FUNDS TRANSFER ADVISORY (WFA PAGE 1 OF 1) Phone: Fax:

Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945
City of Grass Valley
Daniel McCarthy
Highland Commercial, Inc., 11300 Willow Valley Road Nevada City CA 95959 5304701740 5304700989 Idaho Maryland Lachlan Richards
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B 6/22/2022 | 8:13 AM
6/22/2022 | 8:49 AM

Page 171 ends

Item # 12.

VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW

INSTRUCTIONS
(C.A.R. FORM VLPA, Revised 12/21)
Date Prepared:

1. OFFER:

A. THIS IS AN OFFER FROM (“Buyer”).

Individual(s), A Corporation, A Partnership, An LLC, An LLP, or Other .

B. THE PROPERTY to be acquired is , situated
in (City), (County), California, (Zip Code),
Assessor's Parcel No(s). (“Property”).

Further Described As .
(Postal/Mailing address may be different from city jurisdiction. Buyer is advised to investigate.) C. THE TERMS OF THE PURCHASE ARE SPECIFIED BELOW AND ON THE FOLLOWING PAGES.

D. Buyer and Seller are referred to herein as the "Parties." Brokers and Agents are not Parties to this Agreement.

2. AGENCY:

A. DISCLOSURE: The Parties each acknowledge receipt of a “Disclosure Regarding Real Estate Agency Relationships” (C.A.R.

Form AD) if represented by a real estate licensee. Buyer's Agent is not legally required to give to Seller's Agent the AD form Signed by Buyer. Seller's Agent is not legally obligated to give to Buyer's Agent the AD form Signed by Seller.

B. CONFIRMATION: The following agency relationships are here confirmed for this transaction.

Seller's Brokerage Firm License Number
Is the broker of (check one): the Seller; or both the Buyer and Seller (Dual Agent).

Seller's Agent License Number
Is (check one): the Seller's Agent (Salesperson or broker associate); or both the Buyer's and Seller's Agent (Dual Agent).

Buyer's Brokerage Firm License Number
Is the broker of (check one): the Buyer; or both the Buyer and Seller (Dual Agent).

Buyer's Agent License Number
Is (check one): the Buyer's Agent (Salesperson or broker associate); or both the Buyer's and Seller's Agent (Dual Agent).

C. More than one Brokerage represents Seller, Buyer. See, Additional Broker Acknowledgement (C.A.R. Form ABA).

D. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a “Possible Representation of More than One Buyer or Seller - Disclosure and Consent” (C.A.R. Form PRBS).

3. TERMS OF PURCHASE AND ALLOCATION OF COSTS: The items in this paragraph are contractual terms of the Agreement.

Referenced paragraphs provide further explanation. This form is 16 pages. The Parties are advised to read all 16 pages.

Paragraph
#
Paragraph Title or Contract
Term
Terms and Conditions Additional Terms
A 5, 5B Purchase Price $ All Cash
B Close of Escrow (COE) Days after Acceptance
OR on (date)
(mm/dd/yyyy)
C 39A Expiration of Offer 3 calendar days after all Buyer Signature(s) or (date) at 5PM or AM/
PM
D(1) 5A(1) Initial Deposit Amount $ ( % of purchase price) (% number above is for calculation purposes
and is not a contractual term)
within 3 (or ) business days
after Acceptance by wire transfer
OR
D(2) 5A(2) Increased Deposit
(Money placed into escrow after
the initial deposit. Use form DID at
time increased deposit is made.)
$ ( % of purchase price)
(% number above is for calculation purposes
and is not a contractual term)
Upon removal of all contingencies
OR (date)
OR
E(1) 5C(1) Loan Amount(s): First
Interest Rate
Points
$ ( % of purchase price)
Fixed rate or Initial adjustable rate, not to
exceed %
Buyer to pay zero points or up to % of the
loan amount
Conventional or, if checked,
FHA VA
(CAR Forms FVAC, HID attached)
Seller Financing
Assumed Financing
Subject To Financing
Other:

E(2) 5C(2) Additional Financed Amount
Interest Rate
Points
$ ( % of purchase price)
Fixed rate or Initial adjustable rate, not to
exceed %
Buyer to pay zero points or up to % of the
loan amount
Conventional or, if checked,
Seller Financing
Assumed Financing
Subject To Financing
Other:

E(3) 7A Occupancy Type Investment, or if checked, Primary Secondary F 5D Balance of Down Payment $
PURCHASE PRICE TOTAL $
© 2021, California Association of REALTORS®, Inc.

VLPA REVISED 12/21 (PAGE 1 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 1 OF 16) Phone: Fax:

Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com June 15, 2022
City of Grass Valley
X City Government
11150 & 1207 Idaho Maryland Rd
Grass Valley Nevada 95945
035-412--024 and 009-680-023
Sperry Commercial Global Affiliates - Highland Commercial 01302767 X
Lachlan Richards 01302767
X
None
None
X
275,000.00 X
X 45
10,000.00 3.6
265,000.00
275,000.00
Highland Commercial, Inc., 11300 Willow Valley Road Nevada City CA 95959 5304701740 5304700989 Idaho Maryland Lachlan Richards
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B

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Item # 12.

Property Address: Date:

Paragraph
#
Paragraph Title or Contract
Term
Terms and Conditions Additional Terms
G(1) 5E Seller Credit, if any, to Buyer $ ( % of purchase price) (% number above is for calculation purposes
and is not a contractual term)
Seller credit to be applied to
closing costs OR
Other:

G(2) ADDITIONAL FINANCE TERMS:

H(1) 5B Verification of All Cash (sufficient
funds)
Attached to the offer or 3 (or ) Days
after Acceptance
H(2) 6A Verification of Down Payment and
Closing Costs
Attached to the offer or 3 (or ) Days
after Acceptance
H(3) 6B Verification of Loan Application Attached to the offer or 3 (or ) Days after Acceptance
Prequalification Preapproval
Fully underwritten preapproval
I Intentionally Left Blank
J 19 Final Verification of Condition 5 (or ) Days prior to COE K 26 Assignment Request 17 (or ) Days after Acceptance
L 8 CONTINGENCIES TIME TO REMOVE CONTINGENCIES CONTINGENCY REMOVED L(1) 8A Loan(s) 17 (or ) Days after Acceptance No loan contingency L(2) 8B Appraisal: Appraisal contingency
based upon appraised value at a
minimum of purchase price or
$
17 (or ) Days after Acceptance No appraisal contingency Removal of appraisal contingency
does not eliminate appraisal
cancellation rights in FVAC.

L(3) 8C Purchase of Manufactured Home
Buyer has (or has not) entered
into contract to purchase a personal
property manufactured home
17 (or ) Days after Acceptance
Shall remain in effect until the Close of Escrow
of the Property

REMOVAL OR WAIVER OF
CONTINGENCY:

L(4) 8D Construction Loan Financing
A draw from the construction loan will
not (or will) be used to finance the
Property
17 (or ) Days after Acceptance
L(5) 8E, 15 Investigation of Property 17 (or ) Days after Acceptance Informational Access to Property 17 (or ) Days after Acceptance Buyer's right to access the Property for informational purposes only is NOT a contingency and does NOT create additional cancellation rights for Buyer. CR attached L(6) 8F, 17A Review of Seller Documents 17 (or ) Days after Acceptance, or 5 Days after receipt, whichever is later
L(7) 8G, 16A Preliminary ("Title") Report 17 (or ) Days after Acceptance, or 5 Days after receipt, whichever is later
L(8) 8H, 11D Common Interest Disclosures
required by Civil Code § 4525 or this
Agreement
L(9) 8I, 9B(2) Review of leased or liened items
(Such as for solar panels or propane
tanks or PACE or HERO liens)
17 (or ) Days after Acceptance, or 5 Days
after receipt, whichever is later
L(10) 8L Sale of Buyer's Property
Sale of Buyer's property is not a
contingency, UNLESS checked here:

C.A.R. Form COP attached
M Possession Time for Performance
M Vacant Lot Delivery
Property to be delivered subject
to tenant rights, if any, except
.

Upon notice of recordation
On COE Date
N Documents/Fees/Compliance Time for Performance
N(1) 17A Seller Delivery of Documents 7 (or ) Days after Acceptance N(2) 22B Sign and return Escrow Holder
General Provisions, Supplemental
Instructions
5 (or ) Days after receipt
N(3) 11D(2) Time to pay fees for ordering HOA
Documents
3 (or ) Days after Acceptance
N(4) 35 Evidence of representative authority 3 Days after Acceptance VLPA REVISED 12/21 (PAGE 2 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 2 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 X
X
30 Idaho Maryland
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B

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Item # 12.

Property Address: Date:

O Intentionally Left Blank
P Items Included and Excluded
P(1) 9 Items Included - All items specified in Paragraph 9B are included and the following, if checked:
. . .

P(2) Excluded Items:
; ; ;
Q Allocation of Costs
Paragraph
#
Item Description Who Pays (if Both is checked, cost to be split equally unless Otherwise Agreed)
Additional Terms
Q(1) 11E Natural Hazard Zone Disclosure
Report, including tax information
Buyer Seller Both Environmental
Other
Provided by:

Q(2) 15B(1)(D) Environmental Survey Buyer Seller Both
Q(3) Report Buyer Seller Both
Q(4) 22B Escrow Fees Buyer Seller Both
Each to pay their own fees
Escrow Holder:

Q(5) 16 Owner's title insurance policy Buyer Seller Both Title Company (If different from Escrow Holder):

Q(6) Buyer's Lender title insurance policy Buyer Unless Otherwise Agreed, Buyer shall purchase any title insurance
policy insuring Buyer's lender.

Q(7) County transfer tax, fees Buyer Seller Both
Q(8) City transfer tax, fees Buyer Seller Both
Q(9) 11D(2) OA fee for preparing disclosures Seller
Q(10) OA certification fee Buyer
Q(11) OA transfer fees Buyer Seller Both Unless Otherwise Agreed, Seller shall pay for separate HOA moveout fee and Buyer shall pay for separate move-in fee. Applies if
separately billed or itemized with
cost in transfer fee.

Q(12) Private transfer fees Seller, or if checked, Buyer Both Q(13) fees or costs Buyer Seller Both
Q(14) fees or costs Buyer Seller Both
R Additional Tenancy Documents Income and Expense Statements Tenant Estoppel Certificate S OTHER TERMS:

4. PROPERTY ADDENDA AND ADVISORIES: (check all that apply) A. PROPERTY TYPE ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:

Probate Agreement Purchase Addendum (C.A.R. Form PA-PA) Other
B. OTHER ADDENDA: This Agreement is subject to the terms contained in the Addenda checked below:

Addendum # (C.A.R. Form ADM) Short Sale Addendum (C.A.R. Form SSA) Back Up Offer Addendum (C.A.R. Form BUO) Court Confirmation Addendum (C.A.R. Form CCA) Assumed Financing Addendum (C.A.R. Form AFA)
Septic, Well, Property Monument and Propane Addendum (C.A.R. Form SWPI) Buyer Intent to Exchange Addendum (C.A.R. Form BXA) Seller Intent to Exchange Addendum (C.A.R. Form SXA) Other Other
C. BUYER AND SELLER ADVISORIES: (Note: All Advisories below are provided for reference purposes only and are not intended to be incorporated into this Agreement.)
Buyer's Vacant Land Additional Inspection Advisory (C.A.R. Form BVLIA) Fair Housing and Discrimination Advisory (C.A.R. Form FHDA) Wire Fraud Advisory (C.A.R. Form WFA) Cal. Consumer Privacy Act Advisory (C.A.R. Form CCPA) (Parties may also receive a privacy disclosure from their own Agent.) Wildfire Disaster Advisory (C.A.R. Form WFDA) Statewide Buyer and Seller Advisory (C.A.R. Form SBSA) Trust Advisory (C.A.R. Form TA) Short Sale Information and Advisory (C.A.R. Form SSIA) REO Advisory (C.A.R. Form REO) Probate Advisory (C.A.R. Form PA) Other Other
VLPA REVISED 12/21 (PAGE 3 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 3 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 X Report ordered
through Premier NHD
X
Placer Title, J. Dempsey
X
X
X
X
X X
Idaho Maryland
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B

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Item # 12.

Property Address: Date:

5. ADDITIONAL TERMS AFFECTING PURCHASE PRICE: Buyer represents that funds will be good when deposited with Escrow Holder.

A. DEPOSIT:
(1) INITIAL DEPOSIT: Buyer shall deliver deposit directly to Escrow Holder. If a method other than wire transfer is specified in paragraph 3D(1) and such method is unacceptable to Escrow Holder, then upon notice from Escrow Holder, delivery shall be by wire transfer.
(2) INCREASED DEPOSIT: Increased deposit to be delivered to Escrow Holder in the same manner as the Initial Deposit. If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount by signing a new liquidated damages clause (C.A.R. Form DID) at the time the increased deposit is delivered to Escrow Holder.
(3) RETENTION OF DEPOSIT: Paragraph 36, if initialed by all Parties or otherwise incorporated into this Agreement, specifies a remedy for Buyer's default. Buyer and Seller are advised to consult with a qualified California real estate attorney before adding any other clause specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase. Any such clause shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code.

B. ALL CASH OFFER: If an all cash offer is specified in paragraph 3A, no loan is needed to purchase the Property. This Agreement is NOT contingent on Buyer obtaining a loan. Buyer shall, within the time specified in paragraph 3H(1), Deliver written verification of funds sufficient for the purchase price and closing costs.

C. LOAN(S):
(1) FIRST LOAN: This loan will provide for conventional financing UNLESS FHA, VA, Seller Financing (C.A.R. Form SFA), Assumed Financing, Subject To Financing, or Other is checked in paragraph 3E(1). (2) ADDITIONAL FINANCED AMOUNT: If an additional financed amount is specified in paragraph 3E(2), that amount will provide for conventional financing UNLESS Seller Financing (C.A.R. Form SFA), Assumed Financing, Subject To Financing, or Other is checked in paragraph 3E(2).
(3) BUYER'S LOAN STATUS: Buyer authorizes Seller and Seller's Authorized Agent to contact Buyer's lender(s) to determine the status of any Buyer's loan specified in paragraph 3E, or any alternate loan Buyer pursues, whether or not a contingency of this Agreement. If the contact information for Buyer's lender(s) is different from that provided under the terms of paragraph 6B, Buyer shall Deliver the updated contact information within 1 Day of Seller's request. (4) ASSUMED OR SUBJECT TO FINANCING: Seller represents that Seller is not delinquent on any payments due on any loans. If the Property is acquired subject to an existing loan, Buyer and Seller are advised to consult with legal counsel regarding the ability of an existing lender to call the loan due, and the consequences thereof.

D. BALANCE OF PURCHASE PRICE (DOWN PAYMENT) (including all-cash funds) to be deposited with Escrow Holder pursuant to Escrow Holder instructions.

E. LIMITS ON CREDITS TO BUYER: Any credit to Buyer, from any source, for closing or other costs that is agreed to by the Parties (“Contractual Credit”) shall be disclosed to Buyer's lender, if any, and made at Close Of Escrow. If the total credit allowed by Buyer's lender (“Lender Allowable Credit”) is less than the Contractual Credit, then (i) the Contractual Credit from Seller shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit.

6. ADDITIONAL FINANCING TERMS:

A. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Written verification of Buyer's down payment and closing costs may be made by Buyer or Buyer's lender or loan broker pursuant to paragraph 6B.

B. VERIFICATION OF LOAN APPLICATIONS: Buyer shall Deliver to Seller, within the time specified in paragraph 3H(3) a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3E. If any loan specified in paragraph 3E is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate.

C. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including, but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price, and to sell to Buyer in reliance on Buyer's specified financing. Buyer shall pursue the financing specified in this Agreement, even if Buyer also elects to pursue an alternative form of financing. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in this Agreement but shall not interfere with closing at the purchase price on the COE date (paragraph 3B) even if based upon alternate financing. Buyer's inability to obtain alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement.

7. CLOSING AND POSSESSION:

A. OCCUPANCY: Buyer intends to occupy the Property as indicated in paragraph 3E(3). Occupancy may impact available financing.

B. CONDITION OF PROPERTY ON CLOSING:
(1) Unless Otherwise Agreed: (i) the Property shall be delivered “As-Is” in its PRESENT physical condition as of the date of Acceptance; (ii) the Property, including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow or at the time possession is delivered to Buyer, if not on the same date. If items are not removed when possession is delivered to Buyer, all items shall be deemed abandoned. Buyer, after first Delivering to Seller written notice to remove the items within 3 Days, may pay to have such items removed or disposed of and may bring legal action, as per this Agreement, to receive reasonable costs from Seller. (2) Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller and Agents may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had all required permits issued and/or finalized.

C. Seller shall, on Close Of Escrow unless Otherwise Agreed and even if Seller remains in possession, provide keys, passwords, codes and/or means to operate all locks, mailboxes, and all items included in either paragraph 3P or paragraph 9. If the Property is a condominium or located in a common interest development, Seller shall be responsible for securing or providing any such items for Association amenities, facilities, and access. Buyer may be required to pay a deposit to the Owners' Association (“OA”) to obtain keys to accessible OA facilities.

VLPA REVISED 12/21 (PAGE 4 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 4 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Idaho Maryland
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B

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Item # 12.

Property Address: Date:

8. CONTINGENCIES AND REMOVAL OF CONTINGENCIES:

A. LOAN(S):
(1) This Agreement is, unless otherwise specified in paragraph 3L(1) or an attached CR form, contingent upon Buyer obtaining the loan(s) specified. If contingent, Buyer shall act diligently and in good faith to obtain the designated loan(s). If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan and Buyer is able to satisfy lender's non-appraisal conditions for closing the loan.
(2) Buyer is advised to investigate the insurability of the Property as early as possible, as this may be a requirement for lending. Buyer's ability to obtain insurance for the Property, including fire insurance, is part of Buyer's Investigation of Property contingency. Failure of Buyer to obtain insurance may justify cancellation based on the Investigation contingency but not the loan contingency.
(3) Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement, unless Otherwise Agreed.
(4) If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (5) NO LOAN CONTINGENCY: If "No loan contingency" is checked in paragraph 3L(1), obtaining any loan specified is NOT a contingency of this Agreement. If Buyer does not obtain the loan specified, and as a result is unable to purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies.

B. APPRAISAL:
(1) This Agreement is, unless otherwise specified in paragraph 3L(2) or an attached CR form, contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the amount specified in paragraph 3L(2), without requiring repairs or improvements to the Property. Appraisals are often a reliable source to verify square footage of the subject Property. However, the ability to cancel based on the measurements provided in an appraisal falls within the Investigation of Property contingency. The appraisal contingency is solely limited to the value determined by the appraisal.

For any cancellation based upon this appraisal contingency, Buyer shall Deliver a Copy of the written appraisal to Seller, upon request by Seller.
(2) NO APPRAISAL CONTINGENCY: If "No appraisal contingency" is checked in paragraph 3L(2), then Buyer may not use the loan contingency specified in paragraph 3L(1) to cancel this Agreement if the sole reason for not obtaining the loan is that the appraisal relied upon by Buyer's lender values the property at an amount less than that specified in paragraph 3L(2). If Buyer is unable to obtain the loan specified solely for this reason, Seller may be entitled to Buyer's deposit or other legal remedies.

C. MANUFACTURED HOME PURCHASE: If checked in paragraph 3L(3), this Agreement is contingent upon Buyer acquiring a personal property manufactured home to be placed on the Property after Close Of Escrow.

D. CONSTRUCTION LOAN FINANCING: If checked in paragraph 3L(4), this Agreement is contingent upon Buyer obtaining a construction loan.

E. INVESTIGATION OF PROPERTY: This Agreement is, as specified in paragraph 3L(5), contingent upon Buyer's acceptance of the condition of, and any other matter affecting, the Property.

F. REVIEW OF SELLER DOCUMENTS: This Agreement is, as specified in paragraph 3L(6), contingent upon Buyer's review of Seller's documents required in paragraph 17A.

G. TITLE:
(1) This Agreement is, as specified in paragraph 3L(7), contingent upon Buyer's ability to obtain the title policy provided for in paragraph 16G and on Buyer's review of a current Preliminary Report and items that are disclosed or observable even if not on record or not specified in the Preliminary Report, and satisfying Buyer regarding the current status of title. Buyer is advised to review all underlying documents and other matters affecting title, including, but not limited to, any documents or deeds referenced in the Preliminary Report and any plotted easements. (2) Buyer has 5 Days after receipt to review a revised Preliminary Report, if any, furnished by the Title Company and cancel the transaction if the revised Preliminary Report reveals material or substantial deviations from a previously provided Preliminary Report.

H. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES (IF APPLICABLE): This Agreement is, as specified in paragraph 3L(8), contingent upon Buyer's review of Common Interest Disclosures required by Civil Code § 4525 and under paragraph 11D (“CI Disclosures”).

I. BUYER REVIEW OF LEASED OR LIENED ITEMS CONTINGENCY: Buyer's review of and ability and willingness to assume any lease, maintenance agreement or other ongoing financial obligation, or to accept the Property subject to any lien, disclosed pursuant to paragraph 9B(2), is, as specified in paragraph 3L(9), a contingency of this Agreement. Any assumption of the lease shall not require any financial obligation or contribution by Seller. Seller, after first Delivering a Notice to Buyer to Perform, may cancel this Agreement if Buyer, by the time specified in paragraph 3L(9), refuses to enter into any necessary written agreements to accept responsibility for all obligations of Seller-disclosed leased or liened items.

J. REMOVAL OR WAIVER OF CONTINGENCIES WITH OFFER: Buyer shall have no obligation to remove a contractual contingency unless Seller has provided all required documents, reports, disclosures, and information pertaining to that contingency. If Buyer does remove a contingency without first receiving all required information from Seller, Buyer is relinquishing any contractual rights that apply to that contingency. If Buyer removes or waives any contingencies without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Agent.

K. REMOVAL OF CONTINGENCY OR CANCELLATION:
(1) For any contingency specified in paragraph 3L or 8, Buyer shall, within the applicable period specified, remove the contingency or cancel this Agreement.
(2) For the contingencies for review of Seller Documents, Preliminary Report, and Condominium/Planned Development Disclosures, Buyer shall, within the time specified in paragraph 3L or 5 Days after receipt of the applicable Seller Documents, Preliminary Report, or CI Disclosures, whichever occurs later, remove the applicable contingency in writing or cancel this Agreement.
(3) If Buyer does not remove a contingency within the time specified, Seller, after first giving Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), shall have the right to cancel this Agreement.

L. SALE OF BUYER'S PROPERTY: This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer unless the Sale of Buyer's Property (C.A.R. Form COP) is checked as a contingency of this Agreement in paragraph 3L(10).

VLPA REVISED 12/21 (PAGE 5 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 5 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Idaho Maryland
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Item # 12.

Property Address: Date:

9. ITEMS INCLUDED IN AND EXCLUDED FROM SALE:

A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the Multiple Listing Service (MLS), flyers, marketing materials, or disclosures are NOT included in the purchase price or excluded from the sale unless specified in this paragraph or paragraph 3P or as Otherwise Agreed. Any items included herein are components of the Property and are not intended to affect the price. All items are transferred without Seller warranty.

B. ITEMS INCLUDED IN SALE:
(1) All EXISTING fixtures and fittings that are attached to the Property; (2) LEASED OR LIENED ITEMS AND SYSTEMS: Seller, within the time specified in paragraph 3N(1), shall (i) disclose to Buyer if any item or system specified in paragraph 3P or 9B or otherwise included in the sale is leased, or not owned by Seller, or is subject to any maintenance or other ongoing financial obligation, or specifically subject to a lien or other encumbrance or loan, and (ii) Deliver to Buyer all written materials (such as lease, warranty, financing, etc.) concerning any such item.
(3) Seller represents that all items included in the purchase price, unless Otherwise Agreed, (i) are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to paragraph 9B(2), and (ii) are transferred without Seller warranty regardless of value. Seller shall cooperate with the identification of any software or applications and Buyer's efforts to transfer any services needed to operate any Smart Home Features or other items included in this Agreement, including, but not limited to, utilities or security systems. (4) A complete inventory of all personal property of Seller currently used in the operation of the Property and included in the purchase price shall be delivered to Buyer within the time specified in paragraph 3N(1). (5) Seller shall deliver title to the personal property by Bill of Sale, free of all liens and encumbrances, and without warranty of condition.
(6) As additional security for any note in favor of Seller for any part of the purchase price, Buyer shall execute a UCC-1 Financing Statement to be filed with the Secretary of State, covering the personal property included in the purchase, replacement thereof, and insurance proceeds.

C. ITEMS EXCLUDED FROM SALE: Unless Otherwise Agreed, all items specified in paragraph 3P(2) are excluded from the sale.

10. ALLOCATION OF COSTS FOR INSPECTIONS, REPORTS AND CERTIFICATES: Paragraphs 3Q(1-3) and (5) only determines who is to pay for the inspection, test, certificate or service (“Report”) mentioned; it does not determine who is to pay for any work recommended or identified in the Report. Agreements for payment of required work should be specified elsewhere in paragraph 3Q, or 3S, or in a separate agreement (such as C.A.R. Forms RR, RRRR, ADM or AEA).

11. SELLER DISCLOSURES:

A. WITHHOLDING TAXES: Buyer and Seller hereby instruct Escrow Holder to withhold the applicable required amounts to comply with federal and California withholding Laws and forward such amounts to the Internal Revenue Service and Franchise Tax Board, respectively. However, no federal withholding is required if, prior to Close Of Escrow, Seller Delivers (i) to Buyer and Escrow Holder a fully completed affidavit (C.A.R. Form AS) sufficient to avoid withholding pursuant to federal withholding Law (FIRPTA); OR (ii) to a qualified substitute (usually a title company or an independent escrow company) a fully completed affidavit (C.A.R. Form AS) sufficient to avoid withholding pursuant to federal withholding Law AND the qualified substitute Delivers to Buyer and Escrow Holder an affidavit signed under penalty of perjury (C.A.R. Form QS) that the qualified substitute has received the fully completed Seller's affidavit and the Seller states that no federal withholding is required; OR (iii) to Buyer other documentation satisfying the requirements under Internal Revenue Code § 1445 (FIRPTA). No withholding is required under California Law if, prior to Close Of Escrow, Escrow Holder has received sufficient documentation from Seller that no withholding is required, and Buyer has been informed by Escrow Holder.

B. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to § 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) C. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSMISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http://www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Website. (Neither Seller nor Agent are required to check this website. If Buyer wants further information, Agent recommends that Buyer obtain information from this website during Buyer's investigation contingency period. Agents do not have expertise in this area.) D. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES:
(1) Seller shall, within the time specified in paragraph 3N(1), disclose to Buyer whether the Property is a condominium or is located in a planned development, other common interest development, or otherwise subject to covenants, conditions, and restrictions (C.A.R. Form SPQ or ESD).
(2) If the Property is a condominium or is located in a planned development or other common interest development with a OA, Seller shall, within the time specified in paragraph 3N(3), order from, and pay any required fee for the following items to the OA (C.A.R. Form HOA-IR): (i) Copies of any documents required by Law (C.A.R. Form HOA-RS); (ii) disclosure of any pending or anticipated claim or litigation by or against the OA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of OA minutes for regular and special meetings; (v) the names and contact information of all OAs governing the Property; (vi) pet restrictions; and (vii) smoking restrictions (“CI Disclosures”). Seller shall itemize and Deliver to Buyer all CI Disclosures received from the OA and any CI Disclosures in Seller's possession. Seller shall, as directed by Escrow Holder, deposit funds into escrow or direct to OA or management company to pay for any of the above.

E. NATURAL AND ENVIRONMENTAL HAZARDS: Seller shall, within the time specified in paragraph 3N(1), if required by Law:
(i) Deliver to Buyer the earthquake guide and environmental hazards booklet, and for all residential property with 1-4 units and any manufactured or mobile home built before January 1, 1960, fully complete and Deliver the Residential Earthquake Risk Disclosure Statement; and (ii) even if exempt from the obligation to provide a NHD, disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones.

VLPA REVISED 12/21 (PAGE 6 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 6 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Idaho Maryland
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F. ADDITIONAL DISCLOSURES: Within the time specified in paragraph 3N(1), if Seller has actual knowledge, Seller shall provide to Buyer, in writing, the following information:
(1) LEGAL PROCEEDINGS: Any lawsuits by or against Seller, threatening or affecting the Property, including any lawsuits alleging a defect or deficiency in the Property or common areas, or any known notices of abatement or citations filed or issued against the Property.
(2) AGRICULTURAL USE: Whether the Property is subject to restrictions for agricultural use pursuant to the Williamson Act (Government Code §§ 51200-51295).
(3) DEED RESTRICTIONS: Any deed restrictions or obligations. (4) FARM USE: Whether the Property is in, or adjacent to, an area with Right to Farm rights (Civil Code § 3482.5 and § 3482.6). (5) ENDANGERED SPECIES: Presence of endangered, threatened, “candidate” species, or wetlands on the Property. (6) ENVIRONMENTAL HAZARDS: Any substances, materials, or products that may be an environmental hazard including, but not limited to, asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, and contaminated soil or water on the Property.
(7) COMMON WALLS: Any features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, and agriculture and domestic wells whose use or responsibility for maintenance may have an effect on the Property.
(8) LANDLOCKED: The absence of legal or physical access to the Property. (9) EASEMENTS/ENCROACHMENTS: Any encroachments, easements, or similar matters that may affect the Property. (10) SOIL FILL: Any fill (compacted or otherwise), or abandoned mining operations on the Property. (11) SOIL PROBLEMS: Any slippage, sliding, flooding, drainage, grading, or other soil problems. (12) EARTHQUAKE DAMAGE: Major damage to the Property of any of the structures from fire, earthquake, floods, or landslides. (13) ZONING ISSUES: Any zoning violations, non-conforming uses, or violations of “setback” requirements. (14) NEIGHBORHOOD PROBLEMS: Any neighborhood noise problems, or other nuisances. (15) SURVEY, PLANS, PERMITS AND ENGINEERING DOCUMENTS: If in Seller's possession, Copies of surveys, plans, specifications, permits and approvals, development plans, licenses, and engineering documents, if any, prepared on Seller's behalf on in Seller's possession.
(16) VIOLATION NOTICES: Seller shall disclose any notice of violations of any Law filed or issued against the Property.

G. MELLO-ROOS TAX; 1915 BOND ACT: Within the time specified in paragraph 3N(1), Seller shall: (i) make a good faith effort to obtain a notice from any local agencies that levy a special tax or assessment on the Property (or, if allowed, substantially equivalent notice), pursuant to the Mello-Roos Community Facilities Act, and Improvement Bond Act of 1915, and (ii) promptly Deliver to Buyer any such notice obtained.

H. KNOWN MATERIAL FACTS: Seller shall, within the time specified in paragraph 3N(1), DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including, but not limited to, known insurance claims within the past five years, or provide Buyer with permission to contact lender to get such information (C.A.R. Form ARC), and make any and all other disclosures required by Law.

I. SELLER VACANT LAND QUESTIONNAIRE: Seller shall, within the time specified in paragraph 3N(1), complete and provide Buyer with a Seller Vacant Land Questionnaire (C.A.R. Form VLQ).

J. SUBSEQUENT DISCLOSURES: In the event Seller, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information, or representations previously provided to Buyer, Seller shall promptly Deliver a subsequent or amended disclosure or notice, in writing, covering those items.

However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer.

12. TENANCY RELATED DISCLOSURES: Within the time specified in paragraph 3N(1), and subject to Buyer's right of review, Seller shall disclose, make available or Deliver, as applicable, to Buyer, the following information:

A. RENTAL/SERVICE AGREEMENTS: (i) All current leases, rental agreements, service contracts, and other agreements pertaining to the operation of the Property; (ii) A rental statement including names of tenants, rental rates, period or rental, date of last rent increase, security deposits, rental concessions, rebates or other benefits, if any, and a list of delinquent rents and their duration. Seller represents that no tenant is entitled to any rebate, concession, or other benefit, except as set forth in these documents. Seller represents that the documents to be furnished are those maintained in the ordinary and normal course of business.

B. INCOME AND EXPENSE STATEMENTS: If checked in paragraph 3R, the books and records for the Property, if any, including a statement of income and expense for the 12 months preceding Acceptance. Seller represents that the books and records are those maintained in the ordinary and normal course of business and used by Seller in the computation of federal and state income tax returns.

C. TENANT ESTOPPEL CERTIFICATES: If checked in paragraph 3R, Tenant Estoppel Certificates (C.A.R. Form TEC). Tenant Estoppel Certificates shall be completed by Seller or Seller's agent and delivered to tenant(s) for tenant(s) to sign and acknowledge: (i) that tenant(s)' rental or lease agreements are unmodified and in full force and effect, (or if modified, stating all such modifications); (ii) that no lessor defaults exist; and (iii) stating the amount of any prepaid rent or security deposit. Seller shall exercise good faith to obtain tenant(s)' signature(s), but Seller cannot guarantee tenant(s)' cooperation. In the event Seller cannot obtain signed Tenant Estoppel Certificates within the time specified above, Seller shall notify Buyer and provide the unsigned one that was provided to tenant(s). If, after the time specified for Seller to Deliver the TEC to Buyer, any tenant(s) sign and return a TEC to Seller, Seller shall Deliver that TEC to Buyer.

D. SELLER REPRESENTATIONS: Unless otherwise disclosed under paragraph 11, paragraph 12, or under any disclosure Delivered to Buyer:
(1) Seller represents that Seller has no actual knowledge that any tenant(s): (i) has any current pending lawsuit(s), investigation(s), Inquiry(ies), action(s), or other proceeding(s) affecting the Property of the right to use and occupy it; (ii) has any unsatisfied mechanics or materialman lien(s) affecting the Property; and (iii) is the subject of a bankruptcy. If Seller receives any such notice, prior to Close Of Escrow, Seller shall immediately notify Buyer. (2) Seller represents that no tenant is entitled to any rebate, concessions, or other benefit, except as set forth in the rental service agreements.
(3) Seller represents that the documents to be furnished are those maintained in the ordinary and normal course of business and the income and expense statements are and used by Seller in the computation of federal and state income tax returns.

13. CHANGES DURING ESCROW:

A. Prior to Close Of Escrow, Seller may engage in the following acts (“Proposed Changes”), subject to Buyer's rights in paragraph 13B: (i) rent or lease any vacant unit or other part of the premises; (ii) alter, modify, or extend any existing rental or lease agreement; (iii) enter into, alter, modify, or extend any service contract(s); or (iv) change the status of the condition of the Property.

VLPA REVISED 12/21 (PAGE 7 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 7 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Idaho Maryland
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B. (1) At least 7 Days prior to any Proposed Changes, Seller shall Deliver written notice to Buyer of such Proposed Change (2) Within 5 Days after receipt of such notice, Buyer, in writing, may give Seller notice of Buyer's objection to the Proposed Changes in which case Seller shall not make the Proposed Changes.

14. SECURITY DEPOSITS: Security deposits, if any, to the extent they have not been applied by Seller in accordance with any rental agreement and current Law, shall be transferred to Buyer on Close Of Escrow. Seller shall notify each tenant, in compliance with the California Civil Code.

15. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY:

A. Buyer shall, within the time specified in paragraph 3L(5), have the right, at Buyer's expense unless Otherwise Agreed, to conduct inspections, investigations, tests, surveys and other studies (“Buyer Investigations”).

B. Buyer Investigations include, but are not limited to:
(1) Inspections regarding any physical attributes of the Property or items connected to the Property, such as:
(A) A general inspection.
(B) An inspection for lead-based paint and other lead-based paint hazards. (C) An inspection specifically for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive-use areas being transferred, and shall NOT include common areas; and shall include a report (“Pest Control Report”) showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2). (D) A phase one environmental survey, paid for and obtained by the party indicated in paragraph 3Q(2). If Buyer is responsible for obtaining and paying for the survey, Buyer shall act diligently and in good faith to obtain such survey within the time specified in paragraph 3L(5). Buyer has 5 Days after receiving the survey to remove this portion of the Buyer's Investigation contingency.
(E) Any other specific inspections of the physical condition of the land and improvements. (2) All other Buyer Investigations, such as insurance, not specified above. See, Buyer's Vacant Land Additional Inspection Advisory (C.A.R. Form BVLIA) for more.
(3) A review of reports, disclosures or information prepared by or for Seller and Delivered to Buyer pursuant to paragraphs 3, 11, 12, 13, 16A, and 17A.

C. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: (i) invasive or destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report, which shall not include any holes or drilling through stucco or similar material; or (ii) inspections by any governmental building or zoning inspector or government employee, unless required by Law.

D. Seller shall make the Property available for all Buyer Investigations. Seller is not obligated to move any existing personal property.

Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is delivered to Buyer. Buyer shall, (i) by the time specified in paragraph 3L(5), complete Buyer Investigations and satisfy themselves as to the condition of the Property, and either remove the contingency or cancel this Agreement, and (ii) by the time specified in paragraph 3L(5) or 3 Days after receipt of any Investigation report, whichever is later, give Seller at no cost, complete Copies of all such reports obtained by Buyer, which obligation shall survive the termination of this Agreement. This Delivery of Investigation reports shall not include any appraisal, except an appraisal received in connection with an FHA or VA loan.

E. Buyer indemnity and Seller protection for entry upon the Property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (iii) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a “Notice of Non-Responsibility” (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement.

F. BUYER IS STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE

PROPERTY AND ALL MATTERS AFFECTING THE VALUE OR DESIRABILITY OF THE PROPERTY, INCLUDING BUT NOT LIMITED TO, THE ITEMS SPECIFIED BELOW. IF BUYER DOES NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE ADVICE OF BROKERS. BUYER UNDERSTANDS THAT ALTHOUGH CONDITIONS ARE OFTEN

DIFFICULT TO LOCATE AND DISCOVER, ALL REAL PROPERTY CONTAINS CONDITIONS THAT ARE NOT READILY APPARENT AND THAT MAY AFFECT THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE

AWARE THAT BROKERS DO NOT GUARANTEE, AND IN NO WAY ASSUME RESPONSIBILITY FOR, THE CONDITION OF THE PROPERTY. BROKERS HAVE NOT AND WILL NOT VERIFY ANY OF THE ITEMS IN PARAGRAPH 15, UNLESS OTHERWISE AGREED IN WRITING.

G. SIZE, LINES, ACCESS, AND BOUNDARIES: Lot size, property lines, legal or physical access, and boundaries including features of the Property shared in common with adjoining landowners, such as walls, fences, roads, and driveways, whose use or responsibility for maintenance may have an effect on the Property and any encroachments, easements, or similar matters that may affect the Property. (Fences, hedges, walls, and other natural or constructed barriers or markers do not necessarily identify true Property boundaries. Property lines may be verified by survey.) (Unless otherwise specified in writing, any numerical statements by Brokers regarding lot size are APPROXIMATIONS ONLY, which have not been and will not be verified, and should not be relied upon by Buyer.)
H. ZONING AND LAND USE: Past, present, or proposed laws, ordinances, referendums, initiatives, votes, applications, and permits affecting the current use of the Property, future development, zoning, building, size, governmental permits and inspections. Any zoning violations, non-conforming uses, or violations of “setback' requirements. (Buyer should also investigate whether these matters affect Buyer's intended use of the Property.

I. UTILITIES AND SERVICES: Availability, costs, restrictions, and location of utilities and services, including but not limited to, sewerage, sanitation, septic and leach lines, water, electricity, gas, telephone, cable TV, and drainage.

J. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including but not limited to, asbestos, lead-based paint and other lead contamination, radon, methane, other gases, fuel, oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, including mold (airborne, toxic, or otherwise), fungus or similar contaminant, materials, products, or conditions.

VLPA REVISED 12/21 (PAGE 8 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 8 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Idaho Maryland
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K. GEOLOGIC CONDITIONS: Geologic/seismic conditions, soil and terrain stability, suitability and drainage including slippage, sliding, flooding, drainage, grading, fill (compacted or otherwise), or other soil problems.

L. NATURAL HAZARD ZONE: Special Flood Hazard Areas, Potential Flooding (Inundation) Areas, Very High Hazard Zones, State Fire Responsibility Areas, Earthquake Fault Zones, Seismic Hazard Zones, or any other zone for which disclosure is required by Law.

M. PROPERTY DAMAGE: Major damage to the Property of any of the structures or non-structural systems and components and any personal property included in the sale from fire, earthquake, floods, landslides, or other causes.

N. NEIGHBORHOOD, AREA, AND PROPERTY CONDITIONS: Neighborhood or are conditions, including Agricultural Use Restrictions pursuant to the Williamson Act (Government Code §§ 51200-51295), Right to Farm Laws (Civil Code § 3482.5 and § 3482.6), schools, proximity and adequacy of law enforcement, crime statistics, the proximity of registered felons or offenders, fire protection, other government services, availability, adequacy, and cost of any speed-wired, wireless internet connections, or other telecommunications or other technology services and installations, proximity to commercial, industrial, or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, abandoned mining operations on the Property, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Owners'' Association requirements, conditions, and influences of significance to certain cultures and/or religions, and personal needs, requirements, and preferences of Buyer.

O. COMMON INTEREST SUBDIVISIONS; OWNER ASSOCIATIONS: Facilities and condition of common areas (facilities such as pools, tennis courts, walkways, or other areas co-owned in undivided interest with others), Owners' Association that has any authority over the subject property, CC&Rs, or other deed restrictions or obligations, and possible lack of compliance with any Owners' Association requirements.

P. SPECIAL TAX: Any local agencies that levy a special tax on the Property pursuant to the Mello-Roos Community facilities Act or Improvement Bond At of 1915.

Q. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of landlord to terminate a tenancy.

R. MANUFACTURED HOME PLACEMENT: Conditions that may affect the ability to place and use a manufactured home on the Property.

16. TITLE AND VESTING:

A. Buyer shall, within the time specified in paragraph 3N(1), be provided a current Preliminary Report by the person responsible for paying for the title report in paragraph 3Q(5). If Buyer is responsible for paying, Buyer shall act diligently and in good faith to obtain such Preliminary Report within the time specified. The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities.

B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (ii) those matters which Seller has agreed to remove in writing. For any lien or matter not being transferred upon sale, Seller will take necessary action to deliver title free and clear of such lien or matter.

C. Seller shall within 7 Days after request, give Escrow Holder necessary information to clear title.

D. Seller shall, within the time specified in paragraph 3N(1), disclose to Buyer all matters known to Seller affecting title, whether of record or not.

E. If Buyer is a legal entity and the Property purchase price is at least $300,000 and the purchase price is made without a bank loan or similar form of external financing, a Geographic Targeting Order (GTO) issued by the Financial Crimes Enforcement Network, U.S. Department of the Treasury, requires title companies to collect and report certain information about the Buyer, depending on where the Property is located. Buyer agrees to cooperate with the title company's effort to comply with the GTO.

F. Buyer shall, after Close Of Escrow, receive a recorded grant deed or any other conveyance document required to convey title (For example, for stock cooperative or tenancy in common, respectively, an assignment of stock certificate or assignment of seller's interest in the real property), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's vesting instructions. The recording document shall contain Buyer's post-closing mailing address to enable Buyer's receipt of the recorded conveyance document from the County Recorder. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL.

G. Buyer shall receive a Standard Coverage Owner's CLTA policy of title insurance. An ALTA policy or the addition of endorsements may provide greater coverage for Buyer. A title company, at Buyer's request, can provide information about the availability, desirability, coverage, and cost of various title insurance coverages and endorsements. If Buyer desires title coverage other than that required by this paragraph, Buyer shall instruct Escrow Holder in writing and shall pay any increase in cost.

17. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC).

A. SELLER DELIVERY OF DOCUMENTS: Seller shall, within the time specified in paragraph 3N(1), Deliver to Buyer all reports, disclosures and information ("Reports") for which Seller is responsible as specified in paragraphs 9B, 11A, 11D, 11E, 11F, 11G, 11H, 11I, 11J, 12A, 12B, 12C, 16A, 16D and 35.

B. BUYER REVIEW OF DOCUMENTS; REPAIR REQUEST; CONTINGENCY REMOVAL OR CANCELLATION (1) Buyer has the time specified in paragraph 3 to: (i) perform Buyer Investigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 9B(2), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliver to Seller Signed Copies of Statutory and Other Disclosures Delivered by Seller in accordance with paragraph 11. (2) Buyer may, within the time specified in paragraph 3L(5), request that Seller make repairs or take any other action regarding the Property (C.A.R. Form RR). Seller has no obligation to agree to or respond to Buyer's requests (C.A.R.

Form RR or RRRR). If Seller does not agree or does not respond, Buyer is not contractually entitled to have the repairs or other requests made and may only cancel based on contingencies in this Agreement.

VLPA REVISED 12/21 (PAGE 9 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 9 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Idaho Maryland
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(3) Buyer shall, by the end of the times specified in paragraph 3L (or as Otherwise Agreed), Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement (C.A.R. Form CR or CC). However, if any report, disclosure, or information for which Seller is responsible, is not Delivered within the time specified in paragraph 3N(1), then Buyer has 5 Days after Delivery of any such items, or the times specified in paragraph 3L, whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. If Delivery of any Report occurs after a contractual contingency pertaining to that Report has already been waived or removed, the Delivery of the Report does not revive the contingency.
(4) Continuation of Contingency: Even after the end of the time specified in paragraph 3L and before Seller cancels, if at all, pursuant to paragraph 17C, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 17C(1).

C. SELLER RIGHT TO CANCEL:
(1) SELLER RIGHT TO CANCEL; BUYER CONTINGENCIES: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) SELLER RIGHT TO CANCEL; BUYER CONTRACT OBLIGATIONS: Seller, after first Delivering to Buyer a Notice to Buyer to Perform, may cancel this Agreement if, by the time specified in this Agreement, Buyer does not take the following action(s):
(i) Deposit funds as required by paragraph 3D(1) or 3D(2) or if the funds deposited pursuant to paragraph 3D(1) or 3D(2) are not good when deposited; (ii) Deliver updated contact information for Buyer's lender(s) as required by paragraph 5C(3); (iii) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 5B or 6A; (iv) Deliver a letter as required by paragraph 6B; (v) In writing assume or accept leases or liens specified in paragraph 8I; (vi) Cooperate with the title company's effort to comply with the GTO as required by paragraph 16E; (vii) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraph 5A(2) and 36; (viii) Provide evidence of authority to Sign in a representative capacity as specified in paragraph 35; or (ix) Perform any additional Buyer contractual obligation(s) included in this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees allocated to Seller in this Agreement and already paid by Escrow prior to cancellation of this Agreement and notification to Escrow. (3) SELLER RIGHT TO CANCEL; SELLER CONTINGENCIES: Seller may cancel this Agreement by good faith exercise of any Seller contingency included in this Agreement, or Otherwise Agreed, so long as that contingency has not already been removed or waived in writing.

D. BUYER RIGHT TO CANCEL:
(1) BUYER RIGHT TO CANCEL; SELLER CONTINGENCIES: If, by the time specified in this Agreement, Seller does not Deliver to Buyer a removal of the applicable contingency or cancellation of this Agreement, then Buyer, after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees allocated to Seller in the Agreement and already paid by Escrow prior to cancellation of this Agreement and notification to Escrow. (2) BUYER RIGHT TO CANCEL; SELLER CONTRACT OBLIGATIONS: If, by the time specified, Seller has not Delivered any item specified in paragraph 3N(1) or Seller has not performed any Seller contractual obligation included in this Agreement by the time specified, Buyer, after first Delivering to Seller a Notice to Seller to Perform, may cancel this Agreement. (3) BUYER RIGHT TO CANCEL; BUYER CONTINGENCIES: Buyer may cancel this Agreement by good faith exercise of any Buyer contingency included in paragraph 8, or Otherwise Agreed, so long as that contingency has not already been removed in writing.

E. NOTICE TO BUYER OR SELLER TO PERFORM: The Notice to Buyer to Perform or Notice to Seller to Perform shall: (i) be in writing; (ii) be Signed by the applicable Buyer or Seller; and (iii) give the other Party at least 2 Days after Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A Notice to Buyer to Perform or Notice to Seller to Perform may not be Delivered any earlier than 2 Days prior to the Scheduled Performance Day to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 17, whether or not the Scheduled Performance Day falls on a Saturday, Sunday or legal holiday. If a Notice to Buyer to Perform or Notice to Seller to Perform is incorrectly Delivered or specifies a time less than the agreed time, the notice shall be deemed invalid and void and Seller or Buyer shall be required to Deliver a new Notice to Buyer to Perform or Notice to Seller to Perform with the specified timeframe.

F. EFFECT OF REMOVAL OF CONTINGENCIES:
(1) REMOVAL OF BUYER CONTINGENCIES: If Buyer removes any contingency or cancellation rights, unless Otherwise Agreed, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for the non-delivery of any reports, disclosures or information outside of Seller's control and for any Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. (2) REMOVAL OF SELLER CONTINGENCIES: If Seller removes any contingency or cancellation rights, unless Otherwise Agreed, Seller shall conclusively be deemed to have: (i) satisfied themselves regarding such contingency, (ii) elected to proceed with the transaction; and (iii) given up any right to cancel this Agreement based on such contingency.

G. DEMAND TO CLOSE ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a Demand to Close Escrow (C.A.R.

Form DCE). The DCE shall: (i) be Signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 Days after Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days prior to the Scheduled Performance Day for the Close Of Escrow. If a DCE is incorrectly Delivered or specifies a time less than the agreed time, the DCE shall be deemed invalid and void and Seller or Buyer shall be required to Deliver a new DCE.

VLPA REVISED 12/21 (PAGE 10 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 10 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Idaho Maryland
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H. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign and Deliver mutual instructions to cancel the sale and escrow and release deposits, if any, to the Party entitled to the funds, less (i) fees and costs paid by Escrow Holder on behalf of that Party, if required by this Agreement; and (ii) any escrow cancellation fee charged to that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. A release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. A Party may be subject to a civil penalty of up to $1,000 for refusal to Sign cancellation instructions if no good faith dispute exists as to which Party is entitled to the deposited funds (Civil Code § 1057.3). Note: Neither Agents nor Escrow Holder are qualified to provide any opinion on whether either Party has acted in good faith or which Party is entitled to the deposited funds. Buyer and Seller are advised to seek the advice of a qualified California real estate attorney regarding this matter.

18. REPAIRS: Repairs shall be completed prior to final verification of condition unless Otherwise Agreed. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. Buyer acknowledges that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition.

19. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property condition within the time specified in paragraph 3J, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (i) the Property is maintained pursuant to paragraph 7B; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller's other obligations under this Agreement (C.A.R. Form VP).

20. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless Otherwise Agreed, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, Seller rental payments, OA regular assessments due prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello-Roos and other Special Assessment District bonds and assessments that are now a lien. Seller shall pay any OA special or emergency assessments due prior to Close Of Escrow. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello-Roos and other Special Assessment District bonds and assessments and OA special or emergency assessments that are due after Close Of Escrow. Property will be reassessed upon change of ownership. Any supplemental tax bills delivered to Escrow Holder prior to closing shall be prorated and paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods prior to Close Of Escrow, by Seller (see C.A.R.

Form SPT or SBSA for further information). Seller agrees all service fees, maintenance costs and utility bills will be paid current up and through the date of Close Of Escrow. TAX BILLS AND UTILITY BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month.

21. BROKERS AND AGENTS:

A. COMPENSATION: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seller or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer.

B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Agent: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Agent; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity.

Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals.

C. BROKERAGE: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed real estate broker (individual or corporate), agent, finder, or other entity, other than as specified in this Agreement, in connection with any act relating to the Property, including, but not limited to, inquiries, introductions, consultations, and negotiations leading to this Agreement. Buyer and Seller each agree to indemnify and hold the other, the Brokers specified herein and their agents, harmless from and against any costs, expenses or liability for compensation claimed inconsistent with the warranty and representation in this paragraph.

22. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:

A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3A, 3B, 3D-G, 3N(2), 3Q, 3S, 4A, 4B, 5A(1-2) 5D, 5E, 11A, 11D(2), 16 (except 16D), 17H, 20, 21A, 22, 26, 32, 34, 35, 39, 40, and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in paragraph 21A or paragraph 3 of the Real Estate Brokers Section is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned.

B. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder. To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller shall Sign and return Escrow Holder's general provisions or supplemental instructions within the time specified in paragraph 3N(2). Buyer and Seller shall execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 Days, shall pay to Escrow Holder or OA or OA management company or others any fee required by paragraphs 3, 8, 11, or elsewhere in this Agreement.

VLPA REVISED 12/21 (PAGE 11 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 11 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Idaho Maryland
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C. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days after Acceptance. Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title Company when received from Seller, if a separate company is providing title insurance. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 11A, Escrow Holder shall deliver to Buyer, Buyer's Agent, and Seller's Agent a Qualified Substitute statement that complies with federal Law. If Escrow Holder's Qualified Substitute statement does not comply with federal law, the Parties instruct escrow to withhold all applicable required amounts under paragraph 11A.

D. Agents are not a party to the escrow except for the sole purpose of receiving compensation pursuant to paragraph 21A and paragraph 3 of the Real Estate Brokers Section. If a Copy of the separate compensation agreement(s) provided for in either of those paragraphs is deposited with Escrow Holder by Agent, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s).Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 21A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement.

E. Buyer and Seller acknowledge that Escrow Holder may require invoices for expenses under this Agreement. Buyer and Seller, upon request by Escrow Holder, within 3 Days or within a sufficient time to close escrow, whichever is sooner, shall provide any such invoices to Escrow Holder.

F. Upon receipt, Escrow Holder shall provide Buyer, Seller, and each Agent verification of Buyer's deposit of funds pursuant to paragraph 5A(1) and 5A(2). Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify each Agent: (i) if Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow.

G. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment.

23. SELECTION OF SERVICE PROVIDERS: Agents do not guarantee the performance of any vendors, service or product providers (“Providers”), whether referred by Agent or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing.

24. MULTIPLE LISTING SERVICE (“MLS”): Agents are authorized to report to the MLS that an offer has been accepted and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. Buyer acknowledges that: (i) any pictures, videos, floor plans (collectively, “Images”) or other information about the Property that has been or will be inputted into the MLS or internet portals, or both, at the instruction of Seller or in compliance with MLS rules, will not be removed after Close Of Escrow; (ii) California Civil Code § 1088(c) requires the MLS to maintain such Images and information for at least three years and as a result they may be displayed or circulated on the Internet, which cannot be controlled or removed by Seller or Agents; and (iii) Seller, Seller's Agent, Buyer's Agent, and MLS have no obligation or ability to remove such Images or information from the Internet.

25. ATTORNEY FEES AND COSTS: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing Buyer or Seller, except as provided in paragraph 37A.

26. ASSIGNMENT: Buyer shall have the right to assign all of Buyer's interest in this Agreement to Buyer's own trust or to any wholly owned entity of Buyer that is in existence at the time of such assignment. Otherwise, Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Prior to any assignment, Buyer shall disclose to Seller the name of the assignee and the amount of any monetary consideration between Buyer and assignee. Buyer shall provide assignee with all documents related to this Agreement including, but not limited to, the Agreement and any disclosures. If assignee is a wholly owned entity or trust of Buyer, that assignee does not need to re-sign or initial all documents provided. Whether or not an assignment requires seller's consent, at the time of assignment, assignee shall deliver a letter from assignee's lender that assignee is prequalified or preapproved as specified in paragraph 6B. Should assignee fail to deliver such a letter, Seller, after first giving Assignee an Notice to Buyer to Perform, shall have the right to terminate the assignment. Buyer shall, within the time specified in paragraph 3K, Deliver any request to assign this Agreement for Seller's consent. If Buyer fails to provide the required information within this time frame, Seller's withholding of consent shall be deemed reasonable. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless Otherwise Agreed by Seller (C.A.R. Form AOAA).

27. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, and inure to the benefit of, Buyer and Seller and their respective successors and assigns, except as otherwise provided herein.

28. ENVIRONMENTAL HAZARD CONSULTATION: Buyer and Seller acknowledge: (i) Federal, state, and local legislation impose liability upon existing and former owners and users of real property, in applicable situations, for certain legislatively defined, environmentally hazardous substances; (ii) Agent(s) has/have made no representation concerning the applicability of any such Law to this transaction or to Buyer or to Seller, except as otherwise indicated in this Agreement; (iii) Agent(s) has/have made no representation concerning the existence, testing, discovery, location, and evaluation of/for, and risks posed by, environmentally hazardous substances, if any, located on or potentially affecting the Property; and (iv) Buyer and Seller are each advised to consult with technical and legal experts concerning the existence, testing, discover, location and evaluation of/for, and risks posed by, environmentally hazardous substances, in any, located on or potentially affecting the Property.

29. AMERICANS WITH DISABILITIES ACT: The Americans With Disabilities Act (“ADA”) prohibits discrimination against individuals with disabilities. The ADA affects almost all commercial facilities and public accommodations. Residential properties are not typically covered by the ADA, but may be governed by its provisions if used for certain purposes. The ADA can require, among other things, that building be made readily accessible to the disabled. Different requirements apply to new construction, alterations to existing buildings, and removal of barriers in existing buildings. Compliance with the ADA may require significant costs. Monetary and injunctive remedies may be incurred if the Property is not in compliance. A real estate broker or agent does not have the technical expertise to determine whether a building is in compliance with ADA requirements, or to advise a principal on those requirements. Buyer and Seller are advised to contact a qualified California real estate attorney, contractor, architect, engineer, or other qualified professional of Buyer or Seller's own choosing to determine to what degree, if any, the ADA impacts that principal or this transaction.

30. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws.

VLPA REVISED 12/21 (PAGE 12 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 12 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Idaho Maryland
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31. COPIES: Seller and buyer each represent that Copies of all reports, certificates, approvals, and other documents that are furnished to the other are true, correct, and unaltered Copies of the original documents, if the originals are in the possession of the furnishing party.

32. DEFINITIONS and INSTRUCTIONS: The following words are defined terms in this Agreement, shall be indicated by initial capital letters throughout this Agreement, and have the following meaning whenever used:

A. “Acceptance” means the time the offer or final counter offer is fully executed, in writing, by the recipient Party and is Delivered to the offering Party or that Party's Authorized Agent.

B. “Agent” means the Broker, salesperson, broker-associate or any other real estate licensee licensed under the brokerage firm identified in paragraph 2B.

C. “Agreement” means this document and any counter offers and any incorporated addenda or amendments, collectively forming the binding agreement between the Parties. Addenda and amendments are incorporated only when Signed and Delivered by all Parties.

D. “As-Is” condition: Seller shall disclose known material facts and defects as specified in this Agreement. Buyer has the right to inspect the Property and, within the time specified, request that Seller make repairs or take other corrective action, or exercise any contingency cancellation rights in this Agreement. Seller is only required to make repairs specified in this Agreement or as Otherwise Agreed.

E. “Authorized Agent” means an individual real estate licensee specified in the Real Estate Broker Section.

F. “C.A.R. Form” means the most current version of the specific form referenced or another comparable form agreed to by the Parties.

G. “Close Of Escrow”, including “COE”, means the date the grant deed, or other evidence of transfer of title, is recorded for any real property, or the date of Delivery of a document evidencing the transfer of title for any non-real property transaction.

H. “Copy” means copy by any means including photocopy, facsimile and electronic.

I. Counting Days is done as follows unless Otherwise Agreed: (1) The first Day after an event is the first full calendar date following the event, and ending at 11:59 pm. For example, if a Notice to Buyer to Perform (C.A.R. form NBP) is Delivered at 3 pm on the 7th calendar day of the month, or Acceptance of a counter offer is personally received at 12 noon on the 7th calendar day of the month, then the 7th is Day “0” for purposes of counting days to respond to the NBP or calculating the Close Of Escrow date or contingency removal dates and the 8th of the month is Day 1 for those same purposes. (2) All calendar days are counted in establishing the first Day after an event. (3) All calendar days are counted in determining the date upon which performance must be completed, ending at 11:59 pm on the last day for performance (“Scheduled Performance Day”). (4) After Acceptance, if the Scheduled Performance Day for any act required by this Agreement, including Close Of Escrow, lands on a Saturday, Sunday, or legal holiday, the performing party shall be allowed to perform on the next day that is not a Saturday, Sunday or legal holiday (“Allowable Performance Day”), and ending at 11:59 pm. (5) For the purposes of COE, any day that the Recorder's office in the County where the Property is located is closed, the COE shall occur on the next day the Recorder's office in that County is open. (6) COE is considered Day 0 for purposes of counting days Seller is allowed to remain in possession, if permitted by this Agreement.

J. “Day" or "Days” means calendar day or days. However, delivery of deposit to escrow is based on business days.

K. “Deliver”, “Delivered” or “Delivery” of documents, unless Otherwise Agreed, means and shall be effective upon personal receipt of the document by Buyer or Seller or their Authorized Agent. Personal receipt means (i) a Copy of the document, or as applicable, link to the document, is in the possession of the Party or Authorized Agent, regardless of the Delivery method used (i.e. e-mail, text, other), or (ii) an Electronic Copy of the document, or as applicable, link to the document, has been sent to any of the designated electronic delivery addresses specified in the Real Estate Broker Section on page 16. After Acceptance, Agent may change the designated electronic delivery address for that Agent by, in writing, Delivering notice of the change in designated electronic delivery address to the other Party. Links could be, for example, to DropBox or GoogleDrive or other functionally equivalent program. If the recipient of a link is unable or unwilling to open the link or download the documents or otherwise prefers Delivery of the documents directly, Recipient of a link shall notify the sender in writing, within 3 Days after Delivery of the link (C.A.R. Form RFR). In such case, Delivery shall be effective upon Delivery of the documents and not the link. Failure to notify sender within the time specified above shall be deemed consent to receive, and Buyer opening, the document by link.

L. “Electronic Copy” or “Electronic Signature” means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party.

M. “Law” means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency.

N. "Legally Authorized Signer" means an individual who has authority to Sign for the principal as specified in paragraph 39 or paragraph 40.

O. “Otherwise Agreed” means an agreement in writing, signed by both Parties and Delivered to each.

P. “Repairs” means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement.

Q. "Sign" or “Signed” means either a handwritten or Electronic Signature on an original document, Copy or any counterpart.

33. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the terms and conditions herein. The individual Liquidated Damages and Arbitration of Disputes paragraphs are incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a Counter Offer or addendum. If at least one but not all Parties initial, a Counter Offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance and to market the Property for backup offers after Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. By signing this offer or any document in the transaction, the Party Signing the document is deemed to have read the document in its entirety.

34. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as Otherwise Agreed, this Agreement shall be interpreted, and disputes shall be resolved in accordance with the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller.

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35. LEGALLY AUTHORIZED SIGNER: Wherever the signature or initials of the Legally Authorized Signer identified in paragraph 39 and 40 appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Legally Authorized Signer (i) represents that the entity for which that person is acting already exists and is in good standing to do business in California and (ii) shall Deliver to the other Party and Escrow Holder, as specified in paragraph 3N(4), evidence of authority to act in that capacity (such as but not limited to:
applicable portion of the trust or Certification Of Trust (Probate Code § 18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity).

36. LIQUIDATED DAMAGES:

If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. Release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND

SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.R. FORM DID).

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37. MEDIATION:

A. The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action. The mediation shall be conducted through the C.A.R. Real Estate Mediation Center for Consumers (www.consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties.

The Parties also agree to mediate any disputes or claims with Agents(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. Mediation fees, if any, shall be divided equally among the Parties involved, and shall be recoverable under the prevailing party attorney fees clause. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.

B. ADDITIONAL MEDIATION TERMS: (i) Exclusions from this mediation agreement are specified in paragraph 38B; (ii) The obligation to mediate does not preclude the right of either Party to seek a preservation of rights under paragraph 38C; and (iii) Agent's rights and obligations are further specified in paragraph 38D.

38. ARBITRATION OF DISPUTES:

A. The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Agents(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Agent. The arbitration shall be conducted through any arbitration provider or service mutually agreed to by the Parties, OR . The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of transactional real estate Law experience, unless the Parties mutually agree to a different arbitrator.

Enforcement of, and any motion to compel arbitration pursuant to, this agreement to arbitrate shall be governed by the procedural rules of the Federal Arbitration Act, and not the California Arbitration Act, notwithstanding any language seemingly to the contrary in this Agreement. The Parties shall have the right to discovery in accordance with Code of Civil Procedure § 1283.05. The arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction.

B. EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) Any matter that is within the jurisdiction of a probate, small claims or bankruptcy court; (ii) an unlawful detainer action; and (iii) a judicial or nonjudicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined in Civil Code § 2985.

C. PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or (iii) the filing of a mechanic's lien.

D. AGENTS: Agents shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing.

Any Agents(s) participating in mediation or arbitration shall not be deemed a party to this Agreement.

E. “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING

OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY

NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING

IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,

UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU

MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING

OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION.”
Buyer's Initials / Seller's Initials /
VLPA REVISED 12/21 (PAGE 14 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 14 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Idaho Maryland
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B

Page 185 ends

Item # 12.

Property Address: Date:

39. OFFER
A. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless by the date and time specified in paragraph 3C, the offer is Signed by Seller and a Copy of the Signed offer is Delivered to Buyer or Buyer's Authorized Agent. Seller has no obligation to respond to an offer made.

B. ENTITY BUYERS: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure (C.A.R.

Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Buyers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 35 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are: , . (4) If a trust, identify Buyer as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust). If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #:
.

C. The VLPA has 16 pages. Buyer acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.

D. BUYER SIGNATURE(S):
(Signature) By, Date:

Printed name of BUYER:

Printed Name of Legally Authorized Signer: Title, if applicable, (Signature) By, Date:

Printed name of BUYER:

Printed Name of Legally Authorized Signer: Title, if applicable, IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).

40. ACCEPTANCE
A. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property or has the authority to execute this Agreement. Seller accepts the above offer and agrees to sell the Property on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement and authorizes Agent to Deliver a Signed Copy to Buyer.

Seller's acceptance is subject to the attached Counter Offer or Back-Up Offer Addendum, or both, checked below.

Seller shall return and include the entire agreement with any response.

Seller Counter Offer (C.A.R. Form SCO or SMCO)
Back-Up Offer Addendum (C.A.R. Form BUO)
B. Entity Sellers: (Note: If this paragraph is completed, a Representative Capacity Signature Disclosure form (C.A.R.

Form RCSD) is not required for the Legally Authorized Signers designated below.) (1) One or more Sellers is a trust, corporation, LLC, probate estate, partnership, holding a power of attorney or other entity. (2) This Agreement is being Signed by a Legally Authorized Signer in a representative capacity and not in an individual capacity. See paragraph 35 for additional terms.
(3) The name(s) of the Legally Authorized Signer(s) is/are: , . (4) If a trust, identify Seller as trustee(s) of the trust or by simplified trust name (ex. John Doe, co-trustee, Jane Doe, co-trustee or Doe Revocable Family Trust). If the entity is a trust or under probate, the following is the full name of the trust or probate case, including case #:
.

C. The VLPA has 16 pages. Seller acknowledges receipt of, and has read and understands, every page and all attachments that make up the Agreement.

D. SELLER SIGNATURE(S):
(Signature) By, Date:

Printed name of SELLER:

Printed Name of Legally Authorized Signer: Title, if applicable, (Signature) By, Date:

Printed name of SELLER:

Printed Name of Legally Authorized Signer: Title, if applicable, IF MORE THAN TWO SIGNERS, USE Additional Signature Addendum (C.A.R. Form ASA).

OFFER NOT ACCEPTED: / No Counter Offer is being made. This offer was not accepted by Seller (date) Seller's Initials
VLPA REVISED 12/21 (PAGE 15 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 15 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 City of Grass Valley
Daniel McCarthy
Idaho Maryland
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B Tim Kiser 6/22/2022 | 8:13 AM P
6/22/2022 | 8:49 AM P

Page 186 ends

Item # 12.

Property Address: Date:

REAL ESTATE BROKERS SECTION:

1. Real Estate Agents are not parties to the Agreement between Buyer and Seller.

2. Agency relationships are confirmed as stated in paragraph 2.

3. Cooperating Broker Compensation: Seller's Broker agrees to pay Buyer's Broker and Buyer's Broker agrees to accept, out of Seller's Broker's proceeds in escrow, the amount specified in the MLS, provided Buyer's Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Seller's Broker and Buyer's Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists.

4. Presentation of Offer: Pursuant to the National Association of REALTORS® Standard of Practice 1-7, if Buyer's Agent makes a written request, Seller's Agent shall confirm in writing that this offer has been presented to Seller.

5. Agents' Signatures and designated electronic delivery address:

A. Buyer's Brokerage Firm Lic. #
By Lic. # Date
By Lic. # Date
More than one agent from the same firm represents Buyer. Additional Agent Acknowledgement (C.A.R. Form AAA) attached.

More than one brokerage firm represents Buyer. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.

Designated Electronic Delivery Address(es):

Email Text #
Alternate:
if checked, Delivery shall be made to the alternate designated electronic delivery address only.

Address City State Zip
B. Seller's Brokerage Firm Lic. #
By Lic. # Date
By Lic. # Date
More than one agent from the same firm represents Seller. Additional Agent Acknowledgement (C.A.R. Form AAA) attached.

More than one brokerage firm represents Seller. Additional Broker Acknowledgement (C.A.R. Form ABA) attached.

Designated Electronic Delivery Address(es) (To be filled out by Seller's Agent):

Email Text #
Alternate:
if checked, Delivery shall be made to the alternate designated electronic delivery address only.

Address City State Zip
ESCROW HOLDER ACKNOWLEDGMENT:

Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, a deposit in the amount of $ ), Counter Offer numbers and , and agrees to act as Escrow Holder subject to paragraph 19 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions.

Escrow Holder is advised by that the date of Acceptance of the Agreement is Escrow Holder Escrow #
By Date
Address
Phone/Fax/E-mail
Escrow Holder has the following license number #
Department of Financial Protection and Innovation, Department of Insurance, Department of Real Estate.

PRESENTATION OF OFFER: / Seller's Brokerage Firm presented this offer to Seller on (date).

Broker or Designee Initials
© 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
VLPA REVISED 12/21 (PAGE 16 OF 16) Buyer's Initials / Seller's Initials / VACANT LAND PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (VLPA PAGE 16 OF 16) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 None
None
Sperry Commercial Global Affiliates - Highland Commercial 01302767 Lachlan Richards 01302767
[email protected]
11300 Willow Valley Rd Nevada City CA 95959
Placer Title, J. Dempsey
Idaho Maryland
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B 6/22/2022 | 2:32 PM PDT
6/22/2022 | 2:32 PM PDT

Page 187 ends

Item # 12.

BUYER'S VACANT LAND ADDITIONAL INSPECTION

ADVISORY
(C.A.R. Form BVLIA, 11/13)
Property Address: ("Property").

A. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. For this reason, you should conduct thorough investigations of the Property personally and with professionals who should provide written reports of their investigations. A general physical inspection typically does not cover all aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations. Additionally, some inspections, such as those listed below, may be of particular importance when purchasing vacant land.

B. BUYER RIGHTS AND DUTIES: You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. The purchase agreement gives you the right to investigate the Property. If you exercise this right, and you should, you must do so in accordance with the terms of that agreement. This is the best way for you to protect yourself. It is extremely important for you to read all written reports provided by professionals and to discuss the results of inspections with the professional who conducted the inspection. You have the right to request that Seller make repairs, corrections or take other action based upon items discovered in your investigations or disclosed by Seller. If Seller is unwilling or unable to satisfy your requests, or you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the agreement if you act within specific time periods. If you do not cancel the agreement in a timely and proper manner, you may be in breach of contract.

C. SELLER RIGHTS AND DUTIES: Seller is required to disclose to you material facts known to him/her that affect the value or desirability of the Property. However, Seller may not be aware of some Property defects or conditions. Seller does not have an obligation to inspect the Property for your benefit nor is Seller obligated to repair, correct or otherwise cure known defects that are disclosed to you or previously unknown defects that are discovered by you or your inspectors during escrow. The purchase agreement obligates Seller to make the Property available to you for investigations.

D. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as soil stability, geologic or environmental conditions, hazardous or illegal controlled substances, structural conditions of the foundation or other improvements, or the condition of the roof, plumbing, heating, air conditioning, electrical, sewer, septic, waste disposal, or other system. The only way to accurately determine the condition of the Property is through an inspection by an appropriate professional selected by you. If Broker gives you referrals to such professionals, Broker does not guarantee their performance. You may select any professional of your choosing. If you have entered into a written agreement with a Broker, the specific terms of that agreement will determine the nature and extent of that Broker's duty to you. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.

E. YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:

1. FINANCE: Financing the purchase of vacant land finance and especially financing construction loans for the improvement of vacant land can provide particular challenges, including subordination agreements and insurance requirements. Buyer is advised to seek the assistance of reputable lenders in assistance with their decisions regarding financing of the property.

2. CONSTRUCTION COSTS: If Buyer is contemplating building improvements on the property, Buyer is advised that they will have to contact directly any contractors, service providers, suppliers, architects, utility companies regarding the costs of improvements. Buyer is advised to get written bids from all such persons regarding their decision to develop the property.

3. UTILITIES: Unimproved property may or may not have utilities available to the property. Buyer(s) is advised to obtain information from the public or private utility provider about the availability and cost of providing utilities to the property and whether necessary easements are in place to allow such utilities to the property.

4. ENVIRONMENTAL SURVEY: Unimproved land may have had or may have hazardous materials stored upon or under the land or been used by persons engaged in activities exposing the land to hazardous materials. The land may also be host to protected vegetation or animal life. Buyer(s) is advised to satisfy themselves as what hazards or protected plant or animal life are on the property and what impact they may have on Buyer's future plans for the property by seeking the help of a qualified professional.

Buyer's Initials ( ) ( ) Seller's Initials ( ) ( )
© 2013, California Association of REALTORS®, Inc.

BVLIA 11/13 (PAGE 1 OF 2)
BUYER'S VACANT LAND ADDITIONAL INSPECTION ADVISORY (BVLIA PAGE 1 OF 2) Phone: Fax:

Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945
Highland Commercial, Inc., 11300 Willow Valley Road Nevada City CA 95959 5304701740 5304700989 Idaho Maryland Lachlan Richards
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B

Page 188 ends

Item # 12.

Property Address: Date:

5. NATURAL HAZARDS REPORTS: Buyer(s) is advised that while certain disclosures are required by state, federal and local laws, hazard disclosure companies can provide additional disclosures for both natural and man-made hazards or nuisances for a cost.

Buyer is advised to seek the advice of a natural hazards reporting company regarding additional reports and disclosures that buyer may wish to obtain.

6. SUBDIVISION OF THE PROPERTY: If Buyer's plans include future subdivision of the property (whether under the Subdivision Map Act of the Subdivided Lands Law) multiple, complex issues regarding city, county, state, and federal laws may be presented.

Buyer is strongly advised to seek the advice of California legal counsel familiar with federal, state and local subdivision requirements.

Buyer and Seller acknowledge and agree that Broker: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker; (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (ix) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (x) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals.

By signing below, Buyer and Seller each acknowledge that they have read, understand, accept and have received a Copy of this Advisory. Buyer is encouraged to read it carefully.

SELLER Date
SELLER Date
BUYER Date
BUYER Date
© 2013, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats.

THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.

This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
BVLIA 11/13 (PAGE 2 OF 2)
BUYER'S VACANT LAND ADDITIONAL INSPECTION ADVISORY (BVLIA PAGE 2 OF 2) Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com 11150 & 1207 Idaho Maryland Rd, Grass Valley, 95945 June 15, 2022 Daniel McCarthy
City of Grass Valley
Idaho Maryland
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B 6/22/2022 | 8:13 AM PDT
6/22/2022 | 8:49 AM PDT

Page 189 ends

Item # 12.

CALIFORNIA CONSUMER PRIVACY ACT ADVISORY,

DISCLOSURE AND NOTICE
(C.A.R. Form CCPA, Revised 12/21)
The California Consumer Privacy Act (commencing with Civil Code § 1798.100) (“CCPA”) grants to California residents certain rights in their private, personal information (“PI”) that is collected by companies with whom they do business.

Under the CCPA, PI is defined broadly to encompass non-public records information that could reasonably be linked directly or indirectly to you. PI could potentially include photographs of, or sales information about, your property.

During the process of buying and selling real estate your PI will be collected and likely shared with others, including real estate licensees, a Multiple Listing Service, real estate internet websites, service providers, lenders, and title and escrow companies, to name several possibilities. Businesses that are covered by the CCPA are required to grant you various rights in your PI, including the right to know what PI is collected, “opt out” or stop the transfer of your PI to others, and the right to request that the business delete your PI entirely. You may get one or more notices regarding your CCPA rights from businesses you interact with in a real estate transaction. However, not all businesses that receive or share your PI are obligated to comply with the CCPA. Also, even businesses that are otherwise covered under the CCPA may have a legal obligation to maintain PI, notwithstanding your instruction to the contrary. For instance, regardless of whether they are covered by CCPA, under California law, brokers and Multiple Listing Services are required to maintain their records for 3 years. If you wish to exercise your rights under CCPA, where applicable, you should contact the respective business directly.

You can obtain more information about the CCPA and your rights under the law from the State of California Department of Justice (oag.ca.gov/privacy/ccpa).

I/we acknowledge receipt of a copy of this California Consumer Privacy Act Advisory, Disclosure and Notice.

Buyer/Seller/Landlord/Tenant Date

Buyer/Seller/Landlord/Tenant Date

© 2021, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics.

Published and Distributed by:

REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020
CCPA REVISED 12/21 (PAGE 1 OF 1)
CALIFORNIA CONSUMER PRIVACY ACT ADVISORY (CCPA PAGE 1 OF 1) Phone: Fax:

Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.com City of Grass Valley
Highland Commercial, Inc., 11300 Willow Valley Road Nevada City CA 95959 5304701740 5304700989 Idaho Maryland Lachlan Richards
DocuSign Envelope ID: 747203FB-7CD7-41D6-BCF5-93B5D2CB8A0B 6/22/2022 | 8:13 AM PDT

Page 190 ends

Item # 12.

City of Grass Valley
City Council
Agenda Action Sheet
Title: City of Grass Valley 2022 Strategic Plan Update
Recommendation: That Council approve the 2022 Strategic Plan update.

Prepared by: Timothy M. Kiser, City Manager
Council Meeting Date: 06/28/2022 Date Prepared: 06/22/2022 Agenda: Consent
Background Information: The City of Grass Valley initiated the strategic planning process in the Spring of 2018. The purpose of the Strategic Plan was to provide a set of goals from which comprehensive programs could be developed and adopted to help direct the City’s future strategies and projects. The Strategic Plan was developed with input from community focus groups consisting of interested citizens and community leaders. Community contributions culminated at a Citywide public forum where discussion focused on the future direction of Grass Valley and potential projects to enhance the City’s livability while protecting our unique identity.

The City’s mission, vision, and values provide the foundation for the plan’s seven key goals: Community and Sense of Place, Transportation, Recreation and Parks, Economic Development and Vitality, High Performance Government and Quality Service, Public Safety, and Water and Wastewater Systems and Underground Infrastructure. We developed the strategic objectives (projects) in each Goal via extensive analysis of citizen needs and desires, community leaders and local business owners’ feedback, local and statewide trends, and information provided from various professionals within the City’s organization. City Council approved the City of Grass Valley Strategic Plan on November 13, 2018. Since its approval, staff has used the Strategic Plan as a road map and guiding force for all the projects, plans and services provided by the City.

In January 2020, staff updated the 2018 Strategic Plan to reflect the project goals completed up to that point, those updates are shown in green text in the attached update of the Strategic Plan. The project goals completed between January 2020 and December 2021 are shown in blue text.

Earlier this year, staff met with some of the members of the original stakeholder groups to get their input and feedback on the updates and future direction of the Strategic Plan. At the April 5, 2022 City Council Meeting, staff received additional comments from the public and Council. Based on those comments, staff modified the Strategic Plan to incorporate additional ideas and suggestions.

Page 191 ends

Item # 13.

Most of the comments/suggestions demonstrated continued support for the original goals and objectives. However, there was also a unanimous desire to include goals and objectives that address housing and development issues, and to ensure the impacts of climate change are considered with every new project the City implements and reviews/approves.

On June 14, 2022, the City Council provided some additional comments (recognizing the Nisenan, prioritizing the undergrounding of utilities, and updating the population numbers in one of the exhibits). Staff made these minor revisions/updates and formatted the final version for City Council approval. Attached for Council’s approval is the final version of the 2022 Grass Valley Strategic Plan Update.

Council Goals/Objectives: This action executes portions of work tasks towards achieving/maintaining Strategic Plan objectives of Community Leadership, and Productive and Efficient Workforce.

Fiscal Impact: There is no immediate budget/financial impact associated with the proposed actions.

Funds Available: N/A Account #: N/A
Reviewed by: Tim Kiser, City Manager
Attachments:

1. Executive draft of the Grass Valley Strategic Plan 2022 Update

Page 192 ends

Item # 13.

CITY OF GRASS VALLEY

STRATEGIC PLAN
2022 UPDATES

MISSION
Enrich the quality
of life through
exceptional service,
innovation, and
leadership.

VISION
Enhance our future
as a progressive
destination and the
place to live and
thrive.

VALUES
Honesty & Open
Exceptional Service
Proactive
Fiscal Responsibility
Partnerships

Page 193 ends

Item # 13.

THE CITY OF GRASS VALLEY

That some achieve great success is proof to all that others can achieve it as well.” - Abraham Lincoln
The concept of a long-range Strategic Plan was first presented to the Grass Valley City Council in 2018. The purpose of the Strategic Plan was to provide a set of goals from which comprehensive programs could be developed and adopted to help direct the City’s future strategies and projects.

The Strategic Plan was developed with input from community focus groups consisting of an assortment of interested citizens and community leaders. Community contributions culminated at a Citywide public forum where discussion focused on the future direction of Grass Valley and potential projects to enhance the City’s livability; seven core goals were identified: 1) Community & Sense of Place, 2) Transportation, 3) Recreation and Parks, 4) Economic Development and Vitality, 5) High Performance Government & Quality Service, 6) Public Safety, 7) Water & Wastewater Systems & Underground Infrastructure.

A list of strategies and projects were established for each goal based on feedback from the community, City staff and City Council. The strategies and projects will be reviewed by the City Council each year during the budgeting process and priorities will be established to determine which projects will be executed over the coming years. As projects are completed new projects will be added in keeping with the seven established Goals.

As part of this overall process City staff revised the City’s Mission statement, created a Vision statement and set of Values to help guide City employees moving forward.

Page 194 ends

Item # 13.

THE MISSION OF GRASS VALLEY IS TO:

ENRICH THE QUALITY OF LIFE THROUGH EXCEPTIONAL SERVICE, INNOVATION AND LEADERSHIP.

THE VISION OF GRASS VALLEY IS TO:

ENHANCE OUR FUTURE AS A PROGRESSIVE DESTINATION AND THE PLACE TO LIVE AND THRIVE.

CITY VALUES

WE ACCOMPLISH OUR MISSION AND REALIZE OUR VISION BY EMBRACING THESE VALUES:

HONEST AND OPEN:

WE WORK IN AN OPEN, ETHICAL AND TRUTHFUL WAY. ALL HAVE ACCESS TO SERVICES AND INFORMATION. WE ACT WITH UNCOMPROMISING HONESTY AND INTEGRITY IN EVERYTHING WE DO.

EXCEPTIONAL SERVICE:

WE PROVIDE, EXCELLENT, PROFESSIONAL AND HIGH-QUALITY SERVICE. WE

ANTICIPATE, MEET OR EXCEED CUSTOMER SERVICE EXPECTATIONS, QUALITY IS EVERYTHING WE DO.

PROACTIVE:

WE LEAD BY EXAMPLE, INCORPORATING NEW IDEAS AND TECHNOLOGIES IN

OUR WORK ENVIRONMENT, ANTICIPATING AND IMPROVING OUR DELIVERY OF SERVICE IN AN ENVIRONMENT OF EVER-INCREASING CHANGE.

FISCALLY RESPONSIBLE:

WE BELIEVE IN PROTECTING THE FINANCIAL HEALTH OF THE CITY AND

PROMOTING ITS ECONOMIC VITALITY AND DELIVERING EXCEPTIONAL VALUE TO OUR CITIZENS. RECOGNIZING WE ARE ENTRUSTED TO WISELY USE PUBLIC RESOURCES AND BE ACCOUNTABLE TO THOSE THAT HAVE PLACED TRUST IN US.

PARTERSHIPS:

WE BELIEVE IN COLLABORATION, PROMOTING INCLUSIVENESS, SUPPORTING COMMUNITY INPUT, AND EMBRACING NEW IDEAS. WE TAKE PRIDE IN WORKING

FOR AND GIVING BACK TO GRASS VALLEY

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GRASS VALLEY
The City’s General Plan has always been built around central themes, all are key focus points of the City’s current Vision:
 Preserve Grass Valley’s historical character and encourage restoration.  Expand public services to serve growing population.
 Encourage variety in residential building types and environments.  Include high density housing areas in the town center.  Provide better regional connections.
 Improve the circulation patterns within the City.
 Protect and improve the Downtown area.
 Diversify the economy and locate industry to avoid undue traffic.  Preserve scenic beauty and character.

The citizens of Grass Valley value the City’s rural small-town character and sense of community.

Neighborhood integrity, as well as design and establishment of community and neighborhood gathering places, is a high priority for Grass Valley. Aesthetics such as trees, creeks and wildlife also play a vital role in the quality of life for Grass Valley residents. Furthermore, community members cherish the inherent sense of history in the architecture and landmarks throughout Grass Valley; therefore, historic preservation and improvements are highly important to the community.

The City of Grass Valley was incorporated as a charter City on March 13th, 1893. During the goldrush countless tin miners immigrated from Cornwall, England and settled in Grass Valley to try their hand at gold mining Grass Valley, home to two of the most lucrative mines in California:

The Empire Mine and the North Star Mine. The Cornish brought with them their Cornish heritage which still permeates Grass Valley’s culture, especially during annual events such as Cornish Christmas and St. Piran’s Day.

Grass Valley is the largest city in western Nevada County, as such it is the economic and cultural center for the surrounding area. The City must plan for accommodating the needs of all the people who use the City, even those who are not City residents. For example, the Center for the Arts attracts approximately 60% of their patrons from locations outside of Grass Valley city limits.

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13,617 .4%
vs. 2021

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GRASS VALLEY

HOUSEHOLD INCOME

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2016 MEDIAN HOME VALUE
$254,400
2021 MEDIAN HOME VALUE
$506,600
2019 MEDIAN HOME VALUE
$331,400

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CITY OF GRASS VALLEY
Timothy Kiser, City Manager/City Engineer
125 East Main Street
Grass Valley, CA 95945

LETTER FROM THE CITY MANAGER
In 2018, we prepared and implemented the City of Grass Valley Strategic Plan. The goals and projects presented in the Strategic Plan were developed after multiple meetings with Grass Valley citizens, community and business partners, mayor and councilmembers, as well as City staff. The overall goal and central focus of the plan is to ensure the well-being of our City while working to improve our unique identity as we plan for the future.

The City’s mission, vision, and values provide the foundation for the plan’s seven key goals:

Community and Sense of Place, Transportation, Recreation and Parks, Economic Development and Vitality, High Performance Government and Quality Service, Public Safety, and Water and Wastewater Systems and Underground Infrastructure. We developed the strategic objectives (projects) in each Goal via extensive analysis of citizen needs and desires, community leaders and local business owners’ feedback, local and statewide trends, and information provided from various professionals within the City’s organization. These objectives were the guiding force for all the projects completed over the last four years, and they are expected to help inspire the City’s plans and services over the next fifteen to twenty years.

Throughout this 2022 Strategic Plan update, you will find detailed information about the various projects the City has undertaken and/or completed over the last four years. The projects completed between November 2018 and January 2020 are listed in green, any project completed between January 2020 and December 2021 are listed in blue. While I am proud of the goals we’ve achieved and projects we’ve completed since 2018, there is still a lot to be done.

The world, and our community, has changed a lot over the last few years. Therefore, it’s imperative we revisit, refine, and add goals to our Strategic Plan to ensure our community is adequately adapting to address global concerns such as climate change and affordable housing, while also preparing for more localized concerns such as wildfire, vegetation management, and water rights.

Therefore, I present this 2022 Strategic Plan as an example of the progress we’ve made, and as an enhanced roadmap to help us grow and adapt to the ever-changing conditions of our environment and society. The highlighted goals listed throughout this update were added after the Special City Council meeting of April 5, 2022.

I look forward to continuing to work with the community, Council, and staff to make the City of Grass Valley more beautiful and vigorous than ever.

Sincerely,
Tim Kiser
City Manager

A CENTENNIAL CITY

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STRATEGIC PLAN
Work Tasks completed between 11/2018 and 1/2020 (Green Text) Work Tasks completed between 1/2020 and 12/2021 (Blue Text) GOAL #1: COMMUNITY & SENSE OF PLACE

THE CITY OF GRASS VALLEY IS DEDICATED TO PROMOTING PROGRAMS AND

PROJECTS THAT IMPROVE LIVABILITY AND ENHANCE THE CHARACTER AND CHARM OF GRASS VALLEY.

It is the City’s goal to provide for high-quality development that respects Grass Valley’s historical small-town character, while also encouraging a variety of residential housing and business types.

To maintain the quality of life and sense of community, the City will continue to provide more experiences for families and promote neighborhood and downtown improvements.

Ideas from the Community:

1. Diverse housing options for all

2. Make our community more attractive to young families

3. Address concerns related to affordable housing and housing shortage

4. Downtown Grass Valley and other areas of the community needs more experiences for families (a communal gathering place)

5. Preservation of Grass Valley’s historical character and overall beautification of the City

6. We should preserve and celebrate our Native History, prior to the Gold Rush

7. Projects should consider/address the ever-changing climate concerns that impact our community
SHORT TERM PROJECTS (0-3 YEARS):

1. Hold housing forums with stakeholders regularly to evaluate challenges facing our community and look at solutions to assist with addressing housing constraints. This forum should also evaluate housing market for our region.

2. Reevaluate the City’s short term rental policy and short term rentals’ impact on long term rentals.

3. Work with developers and the community to expedite the development of housing projects (especially already approved housing projects). Develop quality of life housing opportunities.
• Adopted the 2019-2027 Housing Element which highlights the importance of maintaining and improving the local environment and quality of life in Grass Valley. It also addresses strategies for promoting fair and equal housing opportunities.

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• Used SB2 and LEAP grants to complete Southern Sphere of Influence Planning project to expedite housing for the Berriman Ranch Phase III

4. Develop a landscape strategy to ensure consistency in City-maintained landscape areas, including downtown streetscapes and City-owned parking lots.  Hired Living Outdoors Landscapes to assist with Park and Downtown landscaping.  Developed landscaping plan for South Auburn Street City Parking Lots.  Installed new landscaping in South Auburn parking lot  Partnered to install raised planters and landscaping in in Safeway parking lot.  Throughout COVID, City worked with Downtown businesses to decorate, install artwork, and update planters regularly.

5. Create more experiences for families in City parks and downtown (e.g. storytelling, summer camps, outdoor performing arts, magic shows, and other special events geared toward families).
 Reconstructed Minnie Park Playground expanding the playground and adding a scooter/tricycle track for beginner youth riders funded by Measure E.  Installed temporary streetside dining areas to expand outdoor dining options during the pandemic
 Enacted downtown Mill St closure to create pedestrian-friendly space and enhanced retail and dining experiences
 Decorated downtown for the holidays (Christmas, Halloween, Easter, etc.)

6. Develop an annual project to clean up neighborhoods and/or commercial areas.  Adopted Vacant Storefront Window Ordinance 17.41 to address potential blight issues associated with long-term unmaintained buildings in the downtown area.

7. Create identifiable highway signage and gateways into the City to help promote a unique and captivating identity for the City of Grass Valley.
 Constructed new entryway sign/ Fire Memorial at Neal Street Parking Lot. The entryway sign design will be the standard for other entry locations.

8. Support the undergrounding of Utilities

9. Improve the appearance of Colfax Avenue (Highway 174), Main Street, and Old Highway

49.  Working with Caltrans to relinquish Colfax Avenue, Hansen Way, and portions of Tinloy Avenue. California Congress to approve the relinquishment in March 2020 (delayed due to COVID-19).

10. Establish and support more events that encourage diverse attendance from all groups.  The City’s calendar (viewable via the City’s website) incorporates events from businesses and venues throughout downtown and Grass Valley, including Center for the Arts events, local restaurant/bar/winery events, and family and parenting events and classes. We also share events happening at the Fairgrounds.

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 Staff coordinated several successful food trucks events downtown with the goal of scheduling more.
 Decorated for the holidays, purchased tables and umbrellas to improve the aesthetics of downtown and make it a more inviting area for all.
 4th of July Fireworks Show, 100% funded by donations, was relocated due to COVID restrictions, but new location ended up making the show more viewable for the entire community.

11. Add a student art exhibit to City Hall.
 Added NHUS senior art project (Del Oro Theatre painting) to City Hall entryway.

12. Improve and restore waterways (i.e. Wolf Creek) throughout the City.  Reconstructed floodplain and restored wetlands on Peabody Creek near Condon Park.  Applied for Prop 68 Green Infrastructure grant in July 2019 to restore sections of Wolf Creek in Memorial Park to allow for safe public access. (Not awarded funds but will continue efforts as new grants become available).
 Developed strategy and garnered State approval of a Pyrethroid Management Plan to establish a variety of actions that monitor pyrethroid discharges into City water bodies.  Completed an estimated 81 storm water pollution control site inspections and enforced correction actions for erosion and sediment control issues.

13. Support the Federal recognition of the Nisenan.

14. Be a leader in green energy solutions (Solar, Community Choice Aggregation, etc.)  Received a Beacon Spotlight Award (Gold Level) for 17% Community Greenhouse Gas Reduction.
 Received a Beacon Spotlight Award (Platinum Level) for 34% Agency Greenhouse Gas Reduction.

MEDIUM TERM PROJECTS (2-5 YEARS):

1. Make City entrance signs on Highway 49 East and West, possibly utilizing the overpasses and screen protective fencing as a backdrop.

2. Create a “community gathering place” for the City in/near downtown where families and groups can enjoy music, recreation, and all sorts of entertainment together.  In response to COVID, added planters, parklets, tables and umbrellas to downtown to help create a safe gathering space for families and groups.  Downtown Streetscape Improvement Project #21-12 (Mill Street) RFQ & RFPs for Design-Build Services went out in December 2021.

3. Enhance efforts to clean up neighborhoods and commercial areas.  Organized and implemented neighborhood cleanup and debris collections following December 2021 winter storm.

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4. Create programs to encourage business and homeowners to make façade renovations to improve overall appearance of the City.
 Adopted Vacant Storefront Window Ordinance 17.41 to address potential blight issues associated with long-term unmaintained buildings in the downtown area.  Worked with GV Brewery to create outdoor dining along East Main Street by converting parking spaces to dining area.

5. Amend City regulations to allow businesses to utilize space in the public right-of-way in Downtown to increase outdoor dining and shopping experiences (potentially remove some parking to accomplish).
 Staff is working with Grass Valley Brewery to expand outdoor seating into sidewalk area (realign sidewalk into the street) on East Main Street as a trail project.  This project has been approved by the Development Review Committee.  During COVID, the City found creative ways to assist restaurants in using sidewalks and parking stalls to create parklets to allow for more outdoor dining.  With Council’s approval of the Mill Street closure, staff created a Mill Street Encroachment Permit process wherein the downtown businesses can reserve the space in front of their business to expand their services into the public right-of-way.

6. Initiate the General Plan Amendment, focusing on required components, refreshing information to bring the plan and code up to date, minimizing the time and money to update entirely, focusing on what is needed and required to sustain Grass Valley’s vision for the next 20 years.
 General Plan Amendment to the City of Grass Valley’s 2019-2027 Housing Element.

7. Design Grass Valley themed signage to install throughout Downtown area.

LONG TERM PROJECTS (5-10 YEARS):

1. Enhance the attractiveness of neighborhoods through City services, innovative ideas, and voluntary compliance with City codes and regulations.

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GOAL #2: TRANSPORTATION

THE CITY OF GRASS VALLEY SUPPORTS A SAFE, RELIABLE, AND MULTIFACETED

TRANSPORTATION SYSTEM CAPABLE OF ACCOMMODATING EVERY COMMUNITY MEMBER AND GUEST OF GRASS VALLEY.

Grass Valley focuses on improving circulation patterns within the City, and this Strategic Plan reinforces that focus with projects aimed at enhancing overall connectivity. Providing quality infrastructure will always be a focal point for the City of Grass Valley, including safe and welldesigned streets, bikeways, sidewalks, and trails.

Ideas from the Community:

1. Street maintenance, improvements to intersections and pedestrian walkways (sidewalks, trails) should be treated as high priorities.

2. Improvements need to be made to Colfax Avenue and South Auburn Street intersection downtown, as well as, the McKnight Way freeway interchange.

3. Completion of the Wolf Creek Trail system.

4. Enhance City sidewalks and bikeways to provide for safer travel, better walkability, and more connectivity throughout Grass Valley.

5. Look into net-zero emissions and alternate fossil fuel transportation modes, in addition to shorter wait times for bus travel.

SHORT TERM PROJECTS (0-3 YEARS):

1. Develop an aggressive pavement management plan to address aging streets and sidewalks that need resurfacing and repair. Look into contracting out an annual overlay program for road and sidewalk repair.

Completed the following projects:
 2019 Street Improvement Project: Mill Street from Highway 20 to East Main Street, East Main Street from the Roundabout to Dorsey Drive, Bennett Street from Hanson Way to the end of City Limits, South Auburn Street from Hansen Way to McKnight Way, Scotia Pines Circle & Peabody Court, Forest Glade Circle, Freeman Lane South of West McKnight Way (4.5 miles of resurfaced roads, 50 ADA ramps installed).  Empire Court & Kate Hayes Street Project: (0.35 miles of resurfaced roads,2 ADA ramps installed).
 Richardson Street Reconstruction: (780 linear feet of missing segments of sidewalk, 20 ADA ramps installed) funded by Measure E.
 2019 Measure E Rehab Project: Chapel Street, Pleasant Street, Walsh Street, Neal Street, Carpenter Street, Townsend Street, West Main Street, Dalton Street, Columbia Avenue, Lloyd Street, South School Street, Temby Street, and South Church Street (3 miles of AC

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overlaid roads, 50 ADA ramps installed, 1000 linear feet of missing segments of sidewalk) funded by Measure E.
 NE Sidewalk Project (Sutton Way, Maltman Drive, and Dorsey Drive) installed 4 curb ramps and installed 1400 ft of missing sidewalk to create continuous accessible sidewalk routes.
 2020 Annual Street Rehab Project: W Empire St, Whiting St, Le Duc St, Kechley Ct, Mainhart Dr and Stacey Ln (1.25 miles of resurfaced roadway, 10 ADA ramps installed, 200 linear feet of missing sidewalk segments)
 2020 Measure E Street Rehab Project: Joerschke Dr, Maltman Dr, Manor Dr, Glenbrook Dr, Annex Ave, Apple Ave, W Olympia Dr, Glenwood Rd (approximately 2 miles of resurfaced roadway)
 Slate Creek Road Improvements Project: Slate Creek Rd from Ridge Rd to the city limits, (approximately 1000 feet of resurfaced roadway)
 Idaho Maryland Road Measure E Emergency Repaving: Idaho Maryland from Sutton Way to Brunswick Road, (approximately ½ mile of resurfaced roadway)

2. Create a tree planting/replacement program with a common theme (e.g.: Dogwoods) for the City’s streets. Continue seeking grants related to air quality and greenhouse gases to help fund this effort.

3. Maintain ADA Transition Plan and commence implementation of improvements.  Installed 106 ADA ramps.
 Updated Park restrooms (Memorial Park and Minnie Park) and playgrounds (Memorial Park and Minnie Park) to meet ADA requirements funded by Measure E.  Added one ADA parallel parking space downtown.
 The Condon Park Accessibility Project included grading and resurfacing the trail, repaving the roadway, and repairing and installing sidewalk to meet current ADA standards.
 Installed 10 ADA curb ramps
 Added ADA parking spaces in the Church Street Parking lot.  Updated the City’s website to meet ADA current standards.

4. Continue to look for ways to improve parking (i.e. add more parking spaces) in and near Downtown area.
 Purchased 309 Mill Street property to create additional parking downtown – Project is under Planning review.
 Working with Caltrans to relinquish portions of Tinloy Street, Colfax Avenue, and Hansen Way, along which the City will create more parking spaces.  Constructed 15 permit only paved parking spaces at 161 S. Auburn Street.  Constructed 25 permit only parking spaces at 341 East Main Street.  Turned Neal Street/S. Auburn Street Parking Lot into paid parking lot (33 spaces).  Restriped the S Church St parking lot to gain an additional 11 spaces  Acquired property at 131 Colfax and contracted to demolish exist structure for possible parking area.
 Project was approved project in July 2021
 A total of 32 parking spaces are proposed including 2 ADA parking spaces. Of the 32 parking spaces, 4 or 12 percent are compact parking spaces with dimensions of 8 feet by 18 feet. The standard parking space dimensions are 9 feet by 18 feet with backing distances of 24 feet in compliance with City Standards. A bicycle rack is also provided at the northeast corner of the property.

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5. Install sidewalks in key pedestrian areas, including downtown and East Main Street, to provide for connectivity with existing sidewalks to allow for safe pedestrian travel.  Installed new sidewalks along Pleasant Street to make a continuous sidewalk on one side of the street.

6. Work out an agreement with Caltrans to acquire Tinloy Street-Hansen Way-Colfax Avenue (Highway 174) intersection.
 Relinquishment Agreement for the right of way was approved by Caltrans and City Council. Awaiting CA Congress approval.

7. Develop a plan to redesign the intersection at the freeway offramp at Colfax Avenue and South Auburn Street (possible roundabout) to improve traffic flow and pedestrian/cyclist access, encourage safer driving, and provide additional parking for downtown.  In partnership with Caltrans, NCTC, and the City, conceptual oval/kidney bean roundabout has been studied and received preliminary approval. Next step is to seek funding to start engineering, environmental review, and construction.
 Applied for grant funding in conjunction with NCTC and Caltrans. Unsuccessful in the ATP funding for 2021 but will reapply addressing areas the project did score well and will reapply in 2022.

MEDIUM TERM PROJECTS (2-5 YEARS):

1. Conduct proactive community engagement forums regarding sensitive traffic concerns and facilitate discussions with the responsible departments (Police, Engineering, etc.) on traffic related issues.

2. Collaborate with Caltrans to develop a design to improve the McKnight Way Interchange, and South Auburn Street/Colfax Avenue/Tinloy Street triangular intersection (possible roundabout) to improve traffic flow and freeway access.  An Intersection Control Evaluation was completed for the McKnight Way interchange. The extensive study and report, which proposes two roundabouts on both freeway ramps, was accepted by Caltrans. The City has approval to seek out funding opportunities and to move on to the design and environmental phases.
 An Intersection Control Evaluation was nearing completion for the triangle intersection. A draft report and preferred alternative were developed, Engineering Department is looking to apply for an ATP grant to fully fund the project.

3. Create an attractive, aesthetically pleasing entryway to downtown.  Constructed new entryway sign/ Fire Memorial at Neal Street Parking Lot.  Completed landscape improvements in the Brockington (Safeway) shopping center parking lot.
 Relandscaped the corner of Richardson and East Main Street to improve the entry from Bennett Street off ramp.

4. Beautify Colfax Avenue (landscaping) to make it a more attractive gateway to downtown

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shopping and dining, and Memorial Park neighborhoods.

5. Redesign streets throughout downtown: improve sidewalks, develop a gathering place for community members and visitors to congregate.
 Constructed raised crosswalk at Mill Street/Bank Street intersection, improved curb ramps throughout downtown, South Auburn Street, Bennett Street, etc. (See 2.A.1 & 2.A.3 for more details).
 After an extensive public outreach program, and City Council’s approval to close Mill Street (two blocks) to create a town square environment for downtown (a gathering space for the community), the Downtown Streetscape Improvements Project Design Build Services contract solicitation is underway.

6. Develop a systematic and decisive plan to acquire property.

7. Improve existing public-controlled property to allow for the development of non-motorized trails to create connections between areas such as Wolf Creek, Downtown, schools, and parks.
 Completed first phase of Wolf Creek Trail (Cohousing/River Otter way to Mining Museum Parking Lot at Mill Street & Freeman Lane) 1.25+/- miles of trail constructed.

8. Evaluate the placement of new electronically lit crosswalk systems near schools and downtown sites.
 Installed flashing cross walk signs at four intersections downtown (West Main Street/Church Street, West Main Street/School Street, Neal Street/Mill Street, South Auburn Street/Mohawk Street, and East Main Street/Murphy Street).  Awarded Highway Safety Improvements Project grant to install safety lights and enhanced markings and signage at multiple crosswalks around town.

9. Install electric vehicle charging stations at key locations throughout the City.  Awarded grant to install electric vehicle charging stations at City Hall and S Auburn St parking lots
LONG TERM PROJECTS (5-10 YEARS):

1. Install portions of the Wolf Creek Trail throughout Grass Valley with the goal of providing overall connectivity to each section over the next 7 to 10 years. Look into creating connectivity to the North Star House and other facilities as part of the construction of the Wolf Creek Trail.
 Completed first phase of Wolf Creek Trail (Cohousing/River Otter way to Mining Museum Parking Lot at Mill & Freeman Lane) 1.25+/- miles of trail constructed.  Worked with consultant Surf 2 Snow ERM on identifying the preferred alignment and preliminary Engineering and Environmental for the remainder of the Wolf Creek Trail from Phase 1 to connect with Loma Rica Ranch.

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2. Widen Highway 49 South to four lanes to improve safety in high-danger areas.

3. Develop long-term transportation planning to help local and regional transportation networks operate at the highest level of efficiency.
 Work with NCTC and traffic consultant GHD on an update to the Regional Traffic Mitigation Fee Program.

4. Research Uber, Lift, and other transportation network companies as a potential public transportation option and employment shortage solution.

5. Work with Caltrans to remove their material storage yard along Wolf Creek and the Colfax downtown freeway exit.

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GOAL #3: RECREATION & PARKS

THE CITY OF GRASS VALLEY STRIVES TO PROVIDE DIVERSE RECREATIONAL

AMENITIES IN OUR PARKS, AND WE ARE ACTIVELY IMPLEMENTING PROJECTS TO IMPROVE THE PARKS AND TRAILS SYSTEMS.

To enrich the physical, mental and social wellbeing of the community, the City of Grass Valley will provide diverse recreational amenities to all age groups within our parks and maintain the parks to the highest standards.

Ideas from the Community:

1. Upgrades and improvements to all City parks and trail systems.

2. Improved cooperation with the school systems for joint use of fields.

3. Enhancements to the City pool and facilities at Memorial Park.

4. Development of a sports complex for field events where the City can host City teams and traveling teams as an economic advancement for Grass Valley.

5. Ensure accessibility and safety of the parks and trails within the City.

SHORT TERM PROJECTS (0-3 YEARS):

1. Upgrade Memorial Park fields, pool and pool deck, locker rooms, parking lots, sidewalks and safety fencing around Colfax Highway. Also, improve signage, entrance, and landscaping to accomplish overall beautification of Memorial Park.  City approved a contract with Public Restroom Company to replace and upgrade the pool buildings (restrooms, locker rooms, showers, meeting room, office space, etc.). Paid for with Measure E funding and the estimated completion is Summer 2020.  Constructed 4 Pickleball courts in Memorial Park.
 CDBG Memorial Park Facilities Improvements Project began June 2021. Project includes expansion of the pool, installation of pickleball courts, replacement of softball field with all-weather softball field (outfield to be striped to accommodate soccer games/practices.

Project also includes creating a cut through road from Race Street to Oak Street, the cut through is designed to provide additional parking in the park.

2. Install and/or improve fields for soccer, lacrosse and other field sports. Increase playable hours at fields through the evaluation of lighting options.  In conjunction with Grass Valley School District, the City installed an all-weather full-size soccer/lacrosse field. The field is striped for multiple soccer field age groups and includes a gravel walking/jogging perimeter path. The project was fully funded by Measure E.  The CDBG Memorial Park Facilities Improvements Project includes replacement of the softball field with a synthetic turf softball field. The new softball outfield will be striped to accommodate soccer games and practices as well.

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 De Mautino Park soccer field was resodded as part of the 2020 annual Measure E Park Improvements.
 Bonded for $6 million in Measure E Park improvements to be used towards major sports field improvements.

3. Collaborate with the State, local agencies, schools to utilize their field space and/or property for recreational purposes.
 The Grass Valley School District and the City entered into a Joint Use Agreement to expanded community use of the Grass Valley Charter School Field, the Lyman Gilmore Middle School Field, and the Scotten Elementary School Field. The Joint Use Agreement expands community use of the identified GVSD school sites to maximize utilization of School District property and improve recreational opportunities for the public and community. The City intends to use and upgrade the facilities of the identified school sites for community use, during non-school hours.
 Working with Sierra College to potentially lease Rotary Fields under a Joint Use Agreement.

4. Develop internal trails within the City parks.
 Condon Park Parking Lot Improvements Project began construction, including improved trail connection through read baseball field parking lot  BYLT in partnership with the City completed construction of native earthen spur trails connecting to and from the Wolf Creek Trail
 The City and BYLT partnered to repave the highly used Litton Trail

5. Beautify and improve the landscaping throughout Condon Park, design and develop a more striking entrance to the park, provide more parking, expand the disc golf area, add seating around skate park, and non-motorized trails throughout the park, and renovate the public buildings.
 Replaced Park restrooms (Memorial Park and Minnie Park) and playgrounds (Memorial Park and Minnie Park). Funded by Measure E.
 Approved the expansion of Condon Park disc golf course.  Reduced potential fire danger by masticating approximately 10 acres (opens the expansion of the disk golf course).
 City is working with Acton Arboriculture to develop a short- and long-term plan for maintaining and improving the trees and horticulture in Condon Park.  Fencing at the Skatepark has been removed at the request of the local skatepark users, through a collaboration with the police department and City.

6. Enhance the City’s recreational programs by developing partnerships, policies, and processes with outside organizations to help meet the recreational needs of Grass Valley while minimizing the need for City resources.
 A Joint Use Facility Agreement with Grass Valley School District has allowed to the City to assume field reservation responsibilities and collect field use rental fees at Lyman Gilmore, Scotten and Grass Valley Charter Schools. The process for recreational organizations to reserve field space in the Grass Valley area has been streamlined because they can reserve the various available field spaces through the City of Grass Valley.

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 The City has worked closely with Gold Country Lacrosse Club to meet their field use needs.

The City has included field striping and additional fencing to the Lyman Gilmore turf field to accommodate Lacrosse standards.
 The City has continued to support the growth of Gold Country YMCA. The City modified the use agreement with YMCA to include use of the Scout Lodge at Memorial Park to allow for more year-round programming and classes.
 Through collaborative efforts with Gold Country Disc Golf Association, concept level designs for a 9-hole expansion of the Condon Park Disc Golf course has been completed.  YMCA has entered into agreement with the City to manage programming for the new Memorial Park Pool facilities.

7. Improve the smaller parks in Grass Valley by upgrading play equipment and landscaping.  Replaced the Minnie Park playground and restrooms. Funded by Measure E.

8. Install a water playground feature in City parks.
 The CDBG Memorial Park Facilities Improvements Project includes adding a splash park to the new pool area.

9. Increase the use of video and social media advertising for recreation programs, classes, and events.

10. Improve the safety of public parks by employing a park ranger.  Dedicated a fulltime GVPD officer to performing park ranger like duties in parks and downtown.

MEDIUM TERM PROJECTS (2-5 YEARS):

1. Implement new Recreation Management Software to allow for the convenience of online registration, reservations, and payments.
 With the purchase of the Tyler Technologies system for financial software, the City can implement a Parks and Recreation module that can be used to facilitate online registration, reservations, and payments in the future at no additional cost.  In 2021, Staff implemented new Trumba calendar (on City’s website) wherein sports clubs/teams and any other interested parties can view and schedule field use for any of the City-managed fields (Lyman Gilmore, Grass Valley Charter, Margaret Scotten, and De Mautino).

2. Remove the dilapidated buildings in Memorial Park and replace with new building(s) that can be used by community groups for their various recreation and other programs in partnership with the City.
 The new pool building includes a multipurpose room and outdoor area that can be used for group gatherings/celebrations.

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 The Clubhouse was demolished as part of the CDBG Memorial Park Facilities Improvements Project.

3. Improve Condon Park by adding more trails and continue upgrades to Love building so it can be considered a more diverse venue capable of hosting events (e.g.: weddings, company events, reunions).

4. Create a unique play structure in Condon Park that commemorates the City’s historical past.

5. Create Parks and Landscaping maintenance standards for City parks to ensure they are well maintained, clean, safe, and family friendly.

6. Construct an all-weather field for soccer, lacrosse, and other sports.  In conjunction with Grass Valley School District, the City installed an all-weather full-size soccer/lacrosse field at Lyman Gilmore, fully funded by Measure E.

LONG TERM PROJECTS (5-10 YEARS):

1. Create a sports complex to host soccer, softball, lacrosse, baseball, and other outdoor field events.

2. Provide indoor space to host a variety of community events and recreational classes.

3. Encourage outdoor eco-friendly programs through the private sector based out of the City of Grass Valley.

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Item # 13.

GOAL #4: ECONOMIC DEVELOPMENT & VITALITY

THE CITY OF GRASS VALLEY ENCOURAGES A ROBUST AND SUSTAINABLE

ECONOMY THAT REFLECTS DIVERSE EMPLOYMENT OPPORTUNITIES THAT SUPPORT THE VALUES OF GRASS VALLEY.

Grass Valley plays a critical role in shaping the quality of life for its community members through the establishment of an authentic sense of place and fiscal stability. City leaders will continue to work with the business community and community leaders to institute a sustainable economic development strategy that supports small business development, the arts, and tourism.

Ideas from the Community:

1. Grass Valley needs more living-wage jobs.

2. We need to provide opportunities for emerging, non-traditional entrepreneurial small businesses in the City.

3. Provide local training in the various trades to foster upward mobility.

4. Improve highspeed internet and broadband service throughout the City.

5. Improve the downtown Safeway shopping center and entrance to downtown Grass Valley.

6. Encourage the farm to fork industry, collaborate with local farms.

7. Support small business through the City permitting process.

8. Expand marketing for tourism and the arts in Grass Valley, promoting the City as a destination to explore.

SHORT TERM PROJECTS (0-3 YEARS):

1. Implement a plan to establish highspeed, broadband internet service to the residences and businesses in the City of Grass Valley and surrounding area.  The City is working with Race Communications to bring high speed internet to the City.

Staff is currently working with Race on installing fiberoptic cable in the Whispering Pines business park and Loma Rica Ranch.

2. Address Downtown parking issues identified in the Adopted Parking Plan, including funding, convenient access, and integrated transit and alternate transportation solutions.  Purchased 309 Mill Street property to create additional parking downtown – Project is under Planning review.
 Working with Caltrans to relinquish portions of Tinloy Street, Colfax Avenue, and Hansen Way, along which the City will create more parking spaces.  Constructed 15 permit only paved parking spaces at 161 S. Auburn Street.  Constructed 25 permit only parking spaces at 341 East Main Street.  Turned Neal Street/S. Auburn Street Parking Lot into pay for parking lot (33 spaces).

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Item # 13.
 Restripe the S Church St parking lot to gain an additional 11 spaces

3. Enforce the No-Smoking ordinance downtown, work with merchants and community members to promote No-Smoking campaign.
• Downtown officer (John Herrera) works with downtown businesses to ensure enforcement of the City’s No-Smoking Ordinance.

4. Collaborate with the Downtown Association to create unique shopping experiences downtown to help influence patrons to linger and shop longer. Develop strategies to inspire citizens and visitors to shop downtown as opposed to online (e.g. create same day delivery service for downtown stores).
 The outdoor dining areas (tables and umbrellas, etc.) installed on Mill Street during COVID19 proved to be a successful strategy to bring people downtown. As a result of the Mill Street Closure success, City Council approved the Mill Street Project (Downtown Streetscape Improvements Project) to include new decorative street surface, semi-permanent outdoor dining areas, stone planters, and new landscaping. promises to enhance the experience of shopping and dining downtown.

5. Take steps, via annexation and/or rezoning, to create a business environment with more opportunities for industrial businesses to thrive.
 On July 19, 2019, City Council directed staff to initiate an application to amend to the Southern Sphere of Influence Planning and Annexation Project area which was approved in 2014 and 2016. Specific amendments would include an expansion of the City Sphere of Influence, expansion of the previous annexation area boundaries, and modifications to the General Plan Land Use and Zoning maps. This action would allow Hansen Brothers Enterprises (HBE) to execute their expansion plans. Additionally, the owners of Berriman Ranch, located on the west side of Highway 49 have requested the City consider a different land use mix that eliminates the 26+/- acres of commercial land to allow additional residential land.
 On December 14, 2021, Council approved the Southern Spere of Influence (SSOI) project and annexation. LAFCo approved the annexation in February 2022.  The RV Park and Annexation Project was approved by Planning Commission and City Council at the end of 2021. Once the project is approved by LAFCo, it will result in the annexation of the RV park and existing developed commercial properties next to the fairgrounds. Annexation will bring sewer to this area, which will allow for much needed business expansion currently hindered because of septic limitations.

6. Integrate the roles of Grass Valley Elected Leaders and City Staff in the economic development efforts for the City so everyone understands and articulates the same maxim regarding the City’s economic wellbeing.
 The City developed a 5-year model of our revenues and expenses to assist elected officials with understanding the City’s economic base.

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Item # 13.

MEDIUM TERM PROJECTS (2-5 YEARS):

1. Work with Sierra College, Nevada Union High School, and other organizations to develop specific curriculum to train the locally demanded workforce to help foster Grass Valley’s economic growth.

2. Support workforce development and community amenities initiatives that meet the needs of employers within the Grass Valley community.

3. Develop a Marketing Brand for the City that can be used for all promotional materials, and produce a long-term, fundable marketing strategy.
 City Council approved the new City logo as well as the Measure E logo to help identify Measure E funded projects.
 The City has adopted a Style Guide and corresponding Color Palette in conjunction with the new website design.
 City staff is currently working on a Branding Guidelines document to ensure consistency with use of City logo, colors, etc.
 City partnered with local marketing company, Banner Mountain Media, to boost City’s social media presence. Banner Mountain is creating video content of Grass Valley to help lure community members and visitors to downtown Grass Valley.

4. Provide opportunities for emerging/non-traditional retail and technology startup businesses. Seek funding sources for small business startups and provide specialized small business assistance via convenient and user-friendly permitting and approval processes at the City.
 City staff has created a Resource Guide to assist new businesses in the process of starting up their commercial locations within the City.
 Staff worked closely with BrewBuilt (homebrewing equipment producer and retailer) to help them find the right commercial location in the City for their operations (110 Springhill Drive).

5. Collaborate with City business partners such as Center for the Arts, the Downtown Association, Chamber of Commerce, and Nevada County Fair to develop a comprehensive marketing strategy to promote and market the Arts, Tourism, Ecotourism, farm-to-fork opportunities, Fair events, and entrepreneurial business. This effort will promote economic revenue enhancement for the City, as well as, small businesses, the trades, the arts community, Nevada County Fair, hotel, motels, restaurants and the like.  City joined the Grass Valley community calendar via Trumba wherein the City’s calendar will be updated with upcoming community events. This calendar is published on the City’s website.
 The City has partnered with the Grass Valley Chamber of Commerce to take over downtown event planning from GVDA. The goal of this change is to help improve and expand events downtown.

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6. Reevaluate the effectiveness of the City’s current economic development priorities and taxpayer supported efforts to attract new businesses into the community. Consider consolidating efforts to get more noticeable results; possibly develop an in-house program to demand more accountability and oversight.

7. Create strategies to counter the online shopping phenomenon; a combination of attractions for locals and tourists (e.g. support your local business campaigns and weekday specials for locals). Survey the local economy to discover where and when sales are stemming from:

Local or Visitor and Weekday or Weekend sales, so the market can cater to each specifically.
 The Mill Street Project and associated Encroachment Permit process is intended to help make downtown Grass Valley more inviting for local and visiting patrons alike. Additionally, the City’s recent partnership with the GV Chamber is intended to improve the promotion of our traditional events as well as create and implement new events. The goal is to have more going on downtown all year round.
 e.g. City has partnered with Cousin’s Maine Lobster to have food truck on Mill Street their first event was a huge success, and the second event will be on 2/22/22.

8. Develop a strategy to maintain funding and capital reserve concerns with various Lighting and Landscaping districts.

9. Explore coordination with contracted grant writer(s) to explore and apply for grants.  The city hired an independent contractor to assist with the Prop 68 park grant applications.

City Staff has worked together on multiple grant applications throughout 2018-19.

10. Improve the City’s effectiveness through collaboration with economic-health oriented regional partners.

11. Evaluate the economic, social, and community impacts of a Cannabis dispensary.  On November 24, 2020, City Council amended the Grass Valley Municipal Code and Development Code to allow certain cannabis businesses in City limits. The Cannabis business types include no more than two (2) permits for dispensaries open to the public for retail sales (with delivery), , no more than three (3) permits for delivery-only services, no more than two (2) local cannabis testing laboratories, no more than two (2) local cannabis nurseries, and no more than five (5) local cannabis distribution businesses. The first two permit types are population based, so only one of each permit will be allowed initially.  In November 2021, the Commercial Cannabis Committee awarded the following Commercial Cannabis business types:
 Storefront Retail Dispensary (Only one allowed in the City, 7 Screening Applications submitted)– Grass Valley Provisions was the top-ranked applicant  Delivery Only Dispensary (Only one allowed in the City, 2 submitted Screening Applications submitted) – KannaXpress was the top-ranked applicant  Distribution (Five allowed in the City, 2 Screening Applications submitted) - Grass Valley Brand & Sierra Flower Co. both met the Code requirements and may apply for a permit

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 Nursery (Two allowed in the City, 2 Screening Applications submitted)- Grass Valley Brand & Xotic Nursery, Inc. both met the Code requirements and may apply for a permit

12. Complete an Energy Action Plan that addresses energy efficiencies to meet State mandates.
 The City approved an Energy Action Plan (EAP) prepared by Sierra Business Council.

This plan provides an analysis of the energy use within the City limits by the community and City operated facilities as well as a roadmap for accelerating energy efficiency, water efficiency, and renewable energy efforts already underway in Grass Valley.  Received a Beacon Spotlight Award (Gold Level) for 17% Community Greenhouse Gas Reduction
 Received a Beacon Spotlight Award (Platinum Level) for 34% Agency Greenhouse Gas Reduction
LONG TERM PROJECTS (5-10 YEARS):

1. Encourage the development of experiences (i.e. boutique hotel and spa), as well as, ecotourism, agritourism, and shopping locally.

2. Work with the South Auburn Street Safeway shopping center owner(s) to renovate their building and parking lot to allow for a more decorative entrance into Downtown Grass Valley.
 Brockington (Safeway) Center Frontage Improvement Project was completed in Summer 2021 – the project included installation of water utilities to supply irrigation to new planter areas along the Safeway Center frontage. Project also included electrical conduit installation in the same trench as water utilities and planting of trees and vegetation in the newly constructed rock planters.

3. Create outdoor venues to attract traveling events such as swimming, soccer, lacrosse and softball tournaments, as well as, outdoor concerts and performing arts (i.e. incorporate the Julia Morgan “North Star” house).

4. Evaluate the potential annexation of properties for economic development purposes.

Consider annexing and providing sewer service to the airport area to allow for business and employment expansion.

5. Look into developing a high-tech, business center that can support the centralized big city high-tech centers of the country, offering an alternative to big city urban living. This area could also be used by various freelancers.

6. Organize the development of Priority Development Areas through public/private partnerships, grant funding, and public engagement.

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Item # 13.

GOAL #5: HIGH PERFORMANCE GOVERNMENT
&

QUALITY SERVICE

THE CITY OF GRASS VALLEY STRIVES TO EXEMPLIFY AN INNOVATIVE, EFFICIENT, EFFECTIVE, OPEN AND COLLABORATIVE CITY GOVERNMENT.

Grass Valley epitomizes a lean and efficient local government. The success of our organization relies on teamwork, a professional and progressive approach to business and customer service, transparency, and fiscal responsibility.

Ideas from the Community:

1. Upgrade City’s website so it is more user friendly.

2. Epitomize an open and transparent government that values public input on important community issues.

3. Continue to improve the customer-friendly atmosphere in City Hall.

4. Provide regular updates via social media and website about upcoming events, special projects, and other topics of interest.

5. Enhance survey efforts to ensure the entire community has the opportunity to share their opinion.

SHORT TERM PROJECTS (0-3 YEARS):

1. Establish a booth for City Hall at public gatherings (e.g., Thursday Night Market) to promote and improve communication between community and government.

2. Return all phone calls and emails on the same day or within 24 hours (next business day).

Continue to improve the customer-friendly environment at City Hall.  All phone calls directed to any of the City’s main numbers are directed to the three Community Services Analysts. The CSAs ensure that any messages or emails in the general voicemail inbox are responded to in the same day.
 The City has assumed all customer service responsibilities associated with utility billing.

3. Improve training for all City employees to develop a secure succession plan, emphasize customer service and a can-do attitude.

4. Continue to build cooperative relationships with representatives from service clubs and other community groups.

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Item # 13.
 Regularly partner with Bear Yuba Land Trust, Wolf Creek Community Alliance to complete restoration area cleanup and maintenance, trail improvements, watershed oversight and improvement project planning.

5. Provide regular updates via social media that inform the public about upcoming City Council and Planning Commission meetings, seasonal events and fairs, special projects, and more.
 In 2019 the City established a Facebook Page and Instagram account, each of which has recruited over 1,000 followers. The City publishes and shares information about upcoming events and projects occurring in the City via these social media outlets.  In March 2020 the City launched a new website designed to streamline information and City processes to better assist the public.
 Banner Mountain Media took over management of the City’s social media sites (FB and Instagram) - they post informational and marketing updates to the City’s sites weekly.

6. Work toward improving the City’s communication and collaboration with Nevada County and other public agencies.
 Wrapping up EPA Brownfield Coalition Grant that included Nevada City and Nevada County.
 Developed MOU with Nevada County to create housing plans that could be used by the public for expedited approval of housing.
 Continued collaboration with County regarding backup support of building inspection services.

7. Continue to invest in technology to assist staff and promote overall operational efficiency, develop a tech-replacement account as part of the City Budget.  The City Budget now includes increased funding for Information Technology elements, and it is a goal for FY 2020-21 to include a “Base Funding Source” for Information Technology each year.

8. Move forward with the implementation of a Document/Records Management System and Scanning Program to help make information more accessible to public via the internet.  In October 2018, the City entered into a five-year Professional Services Agreement with PinPoint (LSSP Corporation), Document Management System. EPA grant funds were used to purchase the software.
 Staff has started scanning building property files (permits, etc.) into the City’s building permit program, Accela. The result of this project will be the availability of permit files via Accela’s online portal which is accessible via the City’s website.  Engineering encroachment permit processing now almost entirely digital. Invoice processing primarily electronic. Project documentation and filing almost entirely digital.  Discuss putting the development code on Municode to keep updated and better access.

9. Maintain a strong fiscal reserve – continuously maintain a balanced City budget.

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Item # 13.
 The City Budget includes prudent levels of reserves for Economic Contingency, CalPERS Pension Stabilization, OPEB Stabilization and Capital / Deferred Maintenance. This is in addition to a prudent level of fund balance / unobligated reserves.

10. Continue utilizing the 7-year plan forecasting and comply with City budget administration policy.
 The 7-Year Forecast is updated at least twice annually and used as part of the annual budget and mid-year budget updated process.

11. Continue full implementation of budget policies included in each annual budget.

MEDIUM TERM PROJECTS (2-5 YEARS):

1. Implement innovative and cutting-edge practices to help improve the performance and exceptional service of the entire City workforce.
 City Hall staff conducted pilot program to allow new parents to bring their infants to work to help save on the cost of childcare.
 COVID restrictions and safety requirements required implementation of remote (work-fromhome) options for office staff. Due to the success of office employees working from home, City continues to allow remote working and additional flexibility for employees.  City Hall switched to a 4-10's schedule to provide earlier office hours for contractors and to help accommodate flexible work schedules.
 The building department transitioned to completely online permitting process, including plan submittals and permit issuance. This change was initiated due to COVID, but it was something the City was planning to implement in the coming years and it has proven successful and helps improve overall performance.

2. Improve and upgrade the City’s website and social media network; create procedures to ensure all sites are continuously monitored, updated, and accurate. Partner with the Chamber of Commerce, School Districts, the Community College District and other community organizations to participate in a Community Calendar that lists events and activities; publish to the City’s website and link to social media sites.  Via the partnership with Banner Mountain Media, the City’s social media sites are regularly (weekly/biweekly) updated.
 City is currently working with the Chamber of Commerce and GVDA to organize an all-inclusive community calendar that shares events happening downtown and throughout the City.

3. Explore the possibility of repurposing City Hall and relocating to the downtown area, thus preserving a historic building while expanding the economic vitality of downtown.  Staff has explored couple of options, but to date the best location for City Hall remains at the current position. A remodel will be needed to continue to provide the level of service needed for our community.

4. Generate a Citywide vehicle replacement account as part of the City’s budget.

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