Safety and Communities Committee
April 10, 2023

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www.modestogov.com
AGENDA
City of Modesto

SAFETY AND COMMUNITIES COMMITTEE / COUNCIL

WORKSHOP
Room 2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street.

Modesto, California
Monday, April 10, 2023 at 4:00 PM
Roll Call: Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
Alternates: Eric Alvarez, Sue Zwahlen, Nick Bavaro, David Wright “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
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PARTICIPATING IN CITY COUNCIL COMMITTEE MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council Committee meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
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 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
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Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
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 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
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Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.

PUBLIC COMMENTS
Please refer to special public comment instructions above.

Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee member or the committee itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item. - 3 -
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Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or Committee member.

Consent

1. Consider approving the submission of an Application for the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the Procurement of Wildland Firefighting Equipment and forwarding to Council for approval. (Funding Source:

General Fund)
 Motion approving the submission of an Application for the Fiscal Year 2023- 2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the Procurement of Wildland Firefighting Equipment; and forwarding to Council for approval.

FIRE DEPARTMENT; Alan Ernst, 209-572-9590, [email protected] Consent

2. Consider approving an Agreement with Callander Associates Landscape Architecture Inc. to prepare construction documentation for the Dr. Martin Luther King Jr. Park Renovation Project for a total amount not to exceed $753,419, and forwarding to Council for approval. (Funding Source: Proposition 68 – California Statewide Park Program)
 Motion approving an Agreement with Callander Associates Landscape Architecture Inc. to prepare construction documentation for the Dr. Martin Luther King Jr. Park Renovation Project for a total amount of $684,927, plus - 4 -
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$68,492 for additional services, if needed, for an agreement total not to exceed $753,419, and forwarding to Council for approval.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

3. Consider approving the sale of 3.948 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and the County of Stanislaus as part of the Tuolumne River Regional Park for $470,000 to the Stanislaus Regional Housing Authority to be used for construction of Parque Rio, a 92-unit multi-family affordable housing development and forwarding to Council for approval. (Funding Source: TRRP Operating Fund)
 Motion approving the sale of 3.948 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and the County of Stanislaus as part of the Tuolumne River Regional Park for $470,000, to the Stanislaus Regional Housing Authority to be used for construction of Parque Rio, a 92-unit multi-family affordable housing development; authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, and all related documents required to complete the transaction and close of escrow and forwarding to Council for approval.

PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

4. Consider approving a First Amendment to the Cell Tower Site Lease Agreement at Robertson Road Park with MetroPCS California, LLC, (MetroPCS) to extend the maximum term of the Agreement through July 31, 2052 and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue)  Motion approving a First Amendment to the Cell Tower Site Lease Agreement at Robertson Road Park with MetroPCS California, LLC, (MetroPCS) to extend the maximum term of the Agreement through July 31, 2052, and forwarding to Council for approval.

PRN; Nathan Houx, 209-571-5526, [email protected]

NEW BUSINESS

5. Consider accepting the Modesto Police Department’s annual Military Equipment report, renewing Ordinance No. 3745-C.S. which authorizes the department’s Military Equipment Use Policy (Policy 710), authorizing the purchase of additional equipment that qualifies as “military equipment”, and forwarding to Council for approval. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund, Asset Forfeiture Funds, and/or Police Grant Funds)
 Motion accepting the Modesto Police Department’s annual Military Equipment report, renewing Ordinance No. 3745-C.S. which authorizes the department’s Military Equipment Use Policy (Policy 710), authorizing the purchase of additional equipment that qualifies as “military equipment”, and forwarding to Council for approval.

POLICE; Jason Grogan, 209-572-9500, [email protected] - 5 -
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ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
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CITY OF MODESTO

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 10, 2023
Date: March 20, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Alan Ernst, Fire Chief
SUBJECT: Application for the FY 23/24 Cal Fire VFC Grant CONTACT: Alan Ernst, Fire Chief, [email protected], 209-572-9590 DESCRIPTION:

Consider approving the submission of an Application for the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the Procurement of Wildland Firefighting Equipment and forwarding to Council for approval. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This action supports the City of Modesto 2020-2025 Strategic Plan focus on quality of life under Goal A: Improve Community Safety.

BACKGROUND:

The Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program is a federally funded grant program that provides local and rural fire departments with funding for minor firefighting, training, communications and safety equipment. The VFC Program Grant provides financial assistance directly to eligible fire departments for critical training and equipment.

DISCUSSION:

The Modesto Fire Department is seeking authorization to submit a grant application for the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity Program Grant in an amount that will not exceed $40,000, which includes a 50% local match of funds. If the department’s application is accepted, the intention would be to purchase new wildland firefighting equipment in order to replace aging and outdated wildland equipment that is no longer in service or does not meet current standards. The deadline to apply for this grant is May 4, 2023. #1..
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Safety & Communities Committee, April 10, 2023
Application for the FY 23/24 Cal Fire VFC Grant

FISCAL IMPACT:

There is a 50% required local match for the Cal Fire VFC Program Grant. The grant application maximum amount is $40,000 which would require a $20,000 local match. Due to the critical need of replacing essential firefighting equipment, the department would prioritize funding within the existing budget for the match. The equipment identified in this grant application has been classified as needing replacement. Without this grant, the Fire Department would bear the full replacement cost of $40,000.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the submission of an Application for the Fiscal Year 2023-2024 Cal Fire Volunteer Fire Capacity (VFC) Program Grant, in an amount that will not exceed $40,000, which includes a 50% local match, for the Procurement of Wildland Firefighting Equipment; and forwarding to Council for approval.

Approved by:

Alan Ernst, Fire Chief
Joseph P. Lopez, City Manager
Attachments:

1. Grant Application Pre-Approval Form
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CITY OF MODESTO

SAFETY AND COMMUNITIES

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 10, 2023
Date: March 13, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: Dr. Martin Luther King Jr. Park Renovation Design Award CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving an Agreement with Callander Associates Landscape Architecture Inc. to prepare construction documentation for the Dr. Martin Luther King Jr. Park Renovation Project for a total amount not to exceed $753,419, and forwarding to Council for approval. (Funding Source: Proposition 68 – California Statewide Park Program) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

Dr. Martin Luther King Jr. Park, formally known as Mellis Park, is an approximately 9-acre City owned park site located in the heart of a diverse urban community in West Modesto. Within Dr.

Martin Luther King Jr. Park is the existing King-Kennedy Memorial Center which has been open and available for public use since 1969. The Center includes an auditorium, commercial kitchen, offices and meeting room. Existing recreation amenities at the park include a school age playground, tot lot playground, basketball courts, barbeque pavilion, horseshoe pit and baseball fields.

In 2019, through a series of public meetings, the community aided in the development of a new Concept Master Plan for the Dr. Martin Luther King Jr. Park. On December 9, 2021, the Concept Master Plan was awarded Proposition 68 – California Statewide Park Program, Round 4 Funding for professional design consultant activities and construction for $8,500,000. #2..
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Safety and Communities Committee, April 10, 2023
Dr. Martin Luther King Jr. Park Renovation Design Award

DISCUSSION:

The Dr. Martin Luther King Jr. Park Renovation Project is a complete re-design of the existing park site and will include: a gymnasium addition, with an indoor basketball court, adjacent to the existing community center, outdoor fitness stations, splash pad, game board tables, ping pong table, outdoor stage with a events plaza, lighted baseball field, lighted soccer field, basketball court, accessible exercise walking path, benches, prefabricated restroom building, water efficient irrigation system, native and drought tolerant landscaping, storm water control methods, overall improved park lighting & security cameras, and new accessible parking lots for use during community events.

In accordance with Administrative Directive 3.1, “Selection Procedures for Professional Consultants Who Provide Architectural & Engineering for Capital Projects”, staff initiated a Request for Qualifications and Proposals (RFQ/P) to perform Professional Design Consulting Services.

On December 21, 2022, the City’s Parks Planning and Development Division issued a Request for Proposals (RFP) #PRN-22-01 for professional design consulting services for the Dr. Martin Luther King Jr. Park Renovation Project. On January 24, 2023, staff received four (4) consultant proposals. A consultant selection committee was formed, after a thorough review of the RFP responses, the committee invited all four of the responders to attend a formal interview on February 28, 2023. Following the interviews, the committee determined that Callander Associates Landscape Architecture Inc., is the most qualified to design the Dr. Martin Luther King Jr. Park Renovation Project.

Based on the results of the RFP, staff recommends Council approve an agreement with Callander Associates Landscape Architecture Inc, in the amount of $684,927 to design the Dr. Martin Luther King Jr. Park Renovation Project.

In addition, staff recommends Council approve a 10% additional services budget in the amount of $68,492 to allow for additional services that may be required due to unforeseen conditions, delays or expenses for an agreement total not to exceed $753,419. This additional services budget does not commit the city to spend the additional funding, but allows the Department Director to approve change orders up to the additional services limit, without further council action.

In accordance with Modesto Municipal Code 8-3.204(a) Exceptions to Formal Bidding Requirements, this agreement is for professional services and, therefore, exempt from the bid requirement. However, staff proceeded with the RFP process pursuant to Administrative Directive 3.1.

FISCAL IMPACT:

Funding for this project is budgeted in CIP Project 101382 – Dr. MLK Jr. Park Renovation Project located in the Capital Grants – CIP Projects Fund (3140). The agreement with Callander Associates Landscape Architecture Inc. will be paid out of the Engineering/Design/Admin budget as outlined in the estimated project budget below. #2..
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Safety and Communities Committee, April 10, 2023
Dr. Martin Luther King Jr. Park Renovation Design Award

Project Expense Budget:

Engineering/Design/Admin/Permitting (Design) $ 900,000
Other Costs $ 7,600,000
CURRENT ESTIMATED PROJECT BUDGET $ 8,500,000
Project Revenues Budget:

Proposition 68 – California Statewide Park Program $ 8,500,000 Total Revenue $ 8,500,000
CEQA/NEPA REQUIREMENTS:

Notice of Staff has prepared a Statement of Categorical Exemption No. EA/PRN 2019-03 for Dr.

Martin Luther King Jr. Park Renovation and the project is exempt from CEQA due to the fact that it is a reconstruction of existing or similar facilities within the same area and for the same purpose with minimal expansion of use compared to the existing park.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving an Agreement with Callander Associates Landscape Architecture Inc. to prepare construction documentation for the Dr. Martin Luther King Jr. Park Renovation Project for a total amount of $684,927, plus $68,492 for additional services, if needed, for an agreement total not to exceed $753,419, and forwarding to Council for approval.

Approved by:

Laurie A. Smith, Director of Parks, Recreation and
Neighborhoods Department
Joseph P. Lopez, City Manager
Attachments:

1. Agreement – Callander Associates Landscape Architecture Inc.

2. Financial Interest Disclosure Form
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STANDARD AGREEMENT FOR CONSULTANT SERVICES FOR DR. MARTIN LUTHER KING JR. PARK RENOVATION PROJECT
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ______ day of _________, 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC., a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. The City has determined that construction documentation should be prepared; Professional Design Consulting Services are needed for the Dr. Martin Luther King Jr. Park Renovation Project.

B. Consultant represents that it is qualified, willing and able to provide the services to prepare said document(s).

NOW, THEREFORE, in consideration of this agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City.
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2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", as of the Effective Date of this agreement. Consultant shall diligently proceed with the Professional Design Consulting Services of the Project until the completion of items shown in Exhibit “A”.

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $684,927 (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials in accordance with Exhibit "A" attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement, except that additional services may be compensated as described below.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “B” attached hereto, Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, #2..
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and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on this project.

No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultants and subconsultants.

Reimbursable Expenses including all printing and reproduction, travel, vehicle mileage, delivery and horticultural soils samples expenses will be billed at cost plus 15%.

The total cost for all reimbursable expenses for the Project shall not exceed $26,965, and is included in the not exceed figure of $684,927. It is the responsibility of the Consultant to manage reimbursable expenses to ensure that they do not exceed this budget. Reimbursable expenses shall be invoiced to the City by monthly invoices and shall itemize the reimbursable expenses incurred during the preceding month and indicate the amount due.

Additional services may be authorized by the Department Director in an amount up to, but not to exceed 10% of the agreed maximum compensation, or $68,492. In the event that additional services are deemed necessary, the Consultant shall provide a written request to the Department Director, or designee, indicating the reason for additional work, scope #2..
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and cost of such work. The Department Director, or designee, shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B” and may not exceed the amount requested and approved in writing by the Department Director. In that event, the new total compensation shall not exceed $753,419. If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of this agreement.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Dan Miller, PLA, ASLA, LEED AP, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that twenty percent (20%) or more of the time to be #2..
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devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this contract without the express prior written consent of City.

Title to Data
If, as a part of the agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this agreement will be delivered to City upon the completion or termination of services under the contract.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this #2..
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Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.

Consultant warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the consultant; to solicit or secure this contract; and that he/she has not paid or agreed to pay any company or person other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award, or formation of this contract. For breach or violation of this warranty, City shall have the right to annul this contract without liability, or at its discretion; to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of #2..
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work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. #2..
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Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance. #2..
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12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in the contract, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Callander Associates Landscape Architecture, Inc.

Address: 12150 Tributary Point Drive, Suite 140
Gold River, CA 95670
Attention: Benjamin Woodside
Phone: (916) 985-4366
Facsimile: (916) 985-4391
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Laurie A. Smith
Phone: (209) 577-5344
Email: [email protected]
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14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general #2..
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aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City or State of California, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City or State of California, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City or State of California, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City and State of California, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and #2..
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Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City and State of California, its agents, officers, employees, and volunteers for losses arising from work performed by Consultant for the City or State of California. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City or State of California; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by #2..
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giving written notification to Consultant. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
TheCitymay also terminate theConsultant's performance underthe Agreement, eitherin whole orin part, at its own discretion, or when conditions encountered duringthe Work make it impossible orimpracticable to proceed, or when theCityis prevented fromproceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. TheCityshall provide no lessthan ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; #2..
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c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates,summaries and such other information and material as mayhave been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of #2..
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Consultant's services which were performed by Consultant on the project prior to the termination date and which remain
unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any #2..
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other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City and State of California, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional wrongful act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City and State of California, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

In no event shall the cost to defend charged to the Design Professional exceed the design Professional’s proportionate percentage of fault. #2..
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18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant.

Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 #2..
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($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.
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Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. #2..
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21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.
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26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the ______ day of _________, 2023, and Callander Associates Landscape Architecture, Inc. has caused this agreement to be duly executed in duplicate as of the Effective Date.
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Parks, Recreation and Neighborhoods Department,
Parks Planning & Development Division
1010 Tenth Street, Suite 4400
Modesto, California 95354
209.577.5344
Modestogov.com
EXHIBIT ‘A’

SCOPE OF WORK

CONSTRUCTION DOCUMENTATION
FOR THE DR. MARTIN LUTHER KING JR. PARK RENOVATION PROJECT

PROJECT DESCRIPTION
The Dr. Martin Luther King Jr. Park Renovation Project is a complete re-design of the existing park site and will include: a gymnasium addition, with an indoor basketball court, attached to the existing community center, outdoor fitness stations, splash pad, game board tables, ping pong table, outdoor stage with a plaza, lighted baseball field, lighted soccer field, basketball court, accessible exercise walking path, benches, prefabricated restroom building, water efficient irrigation system, native and drought tolerant landscaping, storm water control methods, overall improved park lighting & security cameras, and accessible parking lots.

The project site is located at 601 S Martin Luther King Drive in Modesto, California; north of California Avenue, south of Vine Street, and between Marshall Avenue and S Martin Luther King Drive. The site is

0.2 mile from Modesto High School and 0.50 mile from Downtown Modesto.

The work to be accomplished for this project consists of preparation of construction documentation compliant with the community accepted Dr. Martin Luther King Jr. Park Concept Master Plan. Emphasis on value engineering, simplicity, quality design and utilization of new and current energy and water saving technologies is critical to the success of this project. This park will be heavily utilized by the surrounding communities and outreach organizations.

The project will require an experienced full-service consultant (team) with the ability to evaluate the existing conditions and make recommendations in a wide range of design services including but not limited to: structural engineering, civil engineering, electrical engineering, building architecture, landscape architecture, surveying, and geotechnical specialists.

The consultant selected will need to be familiar with all applicable adopted local building codes (City of Modesto), City of Modesto Standard Specifications 2014, the community accepted Dr. Martin Luther King Jr. Park Concept Master Plan, and Notice of Exception for Dr. Martin Luther King Jr. Park. #2..
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PARK COMPONENTS:

The Construction Documentation will be comprehensive and will include some, if not all, the following items:
• Rough grading and Storm Water Pollution Prevention of the park site. • Site preparation, grading and drainage of the project site. • Underground storm water system to collect surface water at various drainage inlet locations and redirect water to drainage bio-swale planters and larger bio-swale drainage basin. Provide drainage overflow connections to the City’s existing stormwater drainage system. • Building expansion to the existing King-Kennedy Memorial Center for a stick built, or concrete block, gymnasium addition with an indoor basketball court. • Splash Pad with precast concrete tables.
• Concrete paving for pedestrian and vehicular pathways (ADA accessible), driveway aprons, pads for benches, stage area with plaza, accent bands, mow bands and passenger loading zone. • Youth soccer field with sports lighting.
• Youth baseball field with team dugouts and sports lighting. • Repair and/or restoration to the existing playground areas to restore ADA accessibility (lighted). • Full sized outdoor basketball court with perimeter fencing, benches and entry gates. • Prefabricated unisex / non-gender park restroom building. • Wired and/or wireless security camera monitoring system. • Site furnishings and signage.
• Permanent and removable bollards.
• Flags and flag poles (lighted).
• Five (5) outdoor fitness station areas.
• Utility connections for the project including electrical, gas, phone, sewer, water, storm drainage and others as appropriate.
• At least (1) new park drinking fountain with dog bowl and bottle-filler with water and sewer connection as directed.
• New landscaping throughout the entire park site including use of water efficient, native and drought tolerant landscape plants and materials, and significant reduction in overall irrigated turf area.
• Complete replacement of the existing irrigation system with central control (electrical and phone connection) to provide coverage for the entire park site designed to connect to existing irrigation stub-outs.
• Street parking improvements, on park side of street only. • Security Lighting
Based on the above, the following scope of services are to be performed in chronological order. #2..
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PROFESSIONAL DESIGN SERVICES TO INCLUDE
Listed below are tasks and conditions that the consultant is expected to perform and meet on this project. It is not intended the tasks shown are the only tasks required on this project.

All work product generated under this agreement shall become the property of the City of Modesto.

TASK #1 – DESIGN DEVELOPMENT

1.1 Meeting #1 – Conduct an interdepartmental and stakeholder start up meeting to begin the construction documentation process (meeting to be held in Modesto).

1.2 Topographical Mapping and Surveying – Provide a completed site survey for the entire park site and adjacent street improvements (centerline of road).

1.3 Based on the community accepted Dr. Martin Luther King Jr. Park Concept Master Plan prepare a submittal book supplement for the Project showing at minimum: preliminary cost estimate, references/catalog cut sheets for materials and equipment, proposed construction method for structures and facilities (stick built or prefabricated), and cost benefit analysis.

1.4 Preliminary Cost Estimate – Prepare the preliminary cost estimate to include the proposed improvements and present a plan for logical phase development. Include a list of prioritized additive alternates, additional services, allowances for change orders and City administration, and other items as reviewed by City staff.

1.5 Based on the comments received, prepare the preliminary 35% construction documents including plans, outline specifications (in 6-Digit CSI format) and refined cost estimate. Deliver one (1) PDF and four (4) hardcopy sets of plans and specifications to the City. The City staff will require a minimum of three-(3) weeks for review of the 35% construction documents.

TASK #2 – CONSTRUCTION DOCUMENTATION

2.1 Geotechnical Investigation – A geotechnical engineer shall conduct a site visit to verify existing site conditions and limitations. The building expansion may require a full geotechnical report substantiated by a drilling program, the geotechnical engineer shall research available literature for geomorphic, seismological and geotechnical data available in the area, complete a drilling program, perform laboratory testing and soil analysis and prepare a feasibility foundation report to support the design.

2.2 Utilities Investigation and Coordination – Research existing utilities, coordinate with the utility companies and generate a preliminary utility relocation plan.

2.3 Provide geotechnical evaluation of existing soils as warranted for building expansion, pavements, grading, aquatics and picnic pavilion foundation design. Provide soil percolation testing for drainage basin and multi-use turf area(s). Finally, provide horticultural soils report for #2..
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landscape soil preparation. Submit reports to City staff and incorporate recommendations into the 75% construction documents.

2.4 Prepare cross-section(s), rendering(s) and an enlarged plan of the building expansion for the gymnasium addition as necessary to demonstrate the design intent. Provide image boards of the proposed improvements. Provide electronic images of the plans on compact disk and/or thumb flash drive to the City, which can be printed by the City in various sizes for public distribution and display.

2.5 Based on comments received, prepare 75% construction documents including plans, specifications and refined cost estimate. Deliver one (1) PDF and four (4) hardcopy sets of plans and specifications to City. Prepare detailed cost estimates for all improvements as per City recommendations. City staff will require a minimum of four (4) weeks for review of 75% construction documents.

2.6 Meeting #2 – Conduct an interdepartmental review session to review City comments (meeting to be held in Modesto).

2.7 Based on comments received, prepare 100% construction documents including plans, specifications and detailed estimate. Plans will be prepared to allow for deductive and additive alternates or phased construction as necessary. Deliver one (1) PDF and four (4) hardcopy sets of plans and specifications to City. City staff may require a minimum of four (4) weeks for review of 100% construction documents.

2.8 Based on comments received, prepare a final Bid Set of the construction documents including plans, specifications and refined cost estimate. Prepare detailed cost estimates for all improvements as per City recommendations.

Bid Set Submittal: Provide one (1) set of final wet stamped Bond original plans and specifications, one (1) signed PDF plan set for reproduction, and one (1) AutoCAD compatible drawings file. Use “D” size plan sheets for the City of Modesto Title Block and Standards. All final plans & specifications shall be stamped & signed by a registered professional (Landscape Architect, Architect or Engineer), as appropriate.

The construction documents for the park will include, at a minimum (as applicable):
• Project Title sheet
• Existing conditions, demolition and tree protection plan • Underground utilities plan
• Grading and drainage plan (using 1’ contours, scaled at 1”=40’ minimum) • Storm water pollution prevention plan
• Site construction staking plan
• Building expansion/gymnasium addition with indoor basketball court layout plan and elevations
• Youth baseball field with dugouts and lighting plan
• Youth soccer field and lighting plan
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• Outdoor Basketball court layout plan
• Prefabricated restroom plan
• Irrigation plan
• Landscape plan
• Electrical/Lighting plans
• General details and specifications
• Site furnishings and signage plan
• Structural details
• Technical specifications in 6-Digit CSI format, City will provide boiler plate specifications. • Bid form
Specifications should be 6-digit CSI format provided in Microsoft Word and organized to match the format requested by the City during the design process. The Consultant must use the City of Modesto typical “front end” documents. Consultants may request additional sections be added to either division and/or recommend changes to the current “front ends”. Any changes must be requested in writing and are subject to review and approval by the City. Plans and Specifications shall meet all local, state and federal requirements as necessary. All construction shall be designed to be in accordance with current Americans with Disabilities Act and Title 24 requirements.

TASK #3 – BIDDING AND CONSTRUCTION SUPPORT

3.1 Assist City staff in bidding process as required, including answering questions from bidders.

3.2 Attend pre-construction meeting (one (1) field meeting)

3.3 Review and process all shop drawings and submittals required by technical specifications; with use of digital E-Builder Construction Management software. Free training will be provided by City for E-Builder Software.

3.4 Provide site reviews and prepare reports on construction progress and quality with recommendations for correction of any deficiencies (approximately four (4) field meetings).

3.5 Assist in determining and processing request for information and change orders.

3.6 Make final review and report on completed project (one (1) field meeting). #2..
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PROJECT SCHEDULE:

The anticipated milestones for this project (all dates are tentative):

MILESTONE: DATE:

Award Design Contract May 2023
35% Design Development Completion
75% Construction Documents Completion
100% Bid Set Completion
Design Completion
Project Close Out
July 2023
September 2023
December 2023
January 2024
July 2025
PROJECT COMPENSATION:

The following fees are based on the scope of work described previously in Exhibit "A". Payments will be made on a monthly basis when portions of the tasks are completed. The monthly billing should include billable work hours at the Hourly Rates included in Exhibit "B", any sub-consultant bills at the Hourly Rates included in Exhibit "B", and verifiable documentation on any reimbursable expenses incurred.

Task #1 – Design Development (not to exceed) $254,932.50 Task #2 – Construction Documentation (not to exceed) $334,090.50 Task #3 – Bidding and Construction Allowances (not to exceed) $68,939.00 Reimbursable Expenses (not to exceed) $26,965.00
Total Contract Amount $684,927.00
Additional Services (not to exceed budget) $68,492.00
Grand Total $753,419.00
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Exhibit “B”

HOURLY RATES

CONSTRUCTION DOCUMENTATION
FOR THE DR. MARTIN LUTHER KING JR. PARK PROJECT
The following hourly rates will be used for billable hours within this Agreement and for additional work requested and approved:

Callander Associates
Landscape Architect
Principal $210 /Hour
Senior Associate $197 /Hour
Associate $183 /Hour
Arborist/Construction Manage $183 /Hour
Senior Project Manager $170 /Hour
Project Manager 1 $162 /Hour
Project Manager 2 $155 /Hour
Job Captain $136 /Hour
Designer 1 $126 /Hour
Designer 2 $118 /Hour
Assistant Designer $104 /Hour
Accounting $182 /Hour
Senior Project Administrator $136 /Hour
Project Administrator $121 /Hour
Reimbursable Expenses Rate Cost + 15%
Communications and Insurance Surcharge 2.5% of Total Fees Subconsultant Administration 10% of Subconsultant
Costs
LDA Partners
Architect
Principal Architect $275 /Hour
Project Architect/Manager $225 /Hour
Project Designer/Planner $195 /Hour
Draftsperson $150 /Hour
Clerical/Staff $ 95 /Hour
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Hawkins & Associates
Civil Engineering
Land Planning $200 /Hour
Civil Engineer $200 /Hour
Project Manager $140 /Hour
Engineering Associate $165 /Hour
Project Designer $115 /Hour
Land Surveyor $200 /Hour
Survey Party Chef $145 /Hour
Survey Technician $115 /Hour
Survey Party Chief w/ Rover/Robotic Total Station $185 /Hour Administration $ 75 /Hour
Clerical $ 60 /Hour
Capital Engineering
Electrical Engineering
Senior Principal $245 /Hour
Principal $223 /Hour
Director $215 /Hour
Senior Project Manager $205 /Hour
Project Manager $196 /Hour
Field Services $192 /Hour
Senior Engineer $175 /Hour
Engineer $160 /Hour
Senior Designer $150 /Hour
Designer $138 /Hour
Technician/CADD $127 /Hour
Intern $120 /Hour
Project Administrator $107 /Hour
Senior Administrator $ 75 /Hour
Clerical/Administration $ 60 /Hour
Geocon
Geotechnical Engineering
Engineering Assistant/Laboratory Technician $ 85 /Hour
Engineering Field Technician/Special Inspector I 85/125(PW)*/hr.

Engineering Field Technician/Special Inspector II 95/135(PW)*/hr.

Engineering Field Technician/Special Inspector Ill/Equipment Operator 105/145(PW)*/hr.

Word Processor/Technical Editor/Draftsman $ 85 /Hour
Research Assistant/Technical Illustrator/Senior Draftsman $100 /Hour Project Coordinator/GIS Specialist $110 /Hour
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Staff Engineer/Geologist/Scientist/Field Supervisor $125 /Hour Senior Staff Engineer/Geologist/Scientist $135 /Hour
Project Engineer/Geologist/Scientist/Construction Supervisor $145 /Hour Senior Project Engineer/Geologist/Scientist $160 /Hour
Senior Engineer/Geologist/Scientist/Certified Industrial Hygienist $175 /Hour Associate Engineer/Geologist/Scientist $200 /Hour
Principal Engineer/Geologist/Scientist/Litigation Support $240 /Hour Direct-Push Rig/Operator 185/225(PW)*/hr.
*Prevailing Wage (PW) per requirements of California Labor Code §720, et. Seq. #2..
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CITY OF MODESTO

SAFETY AND COMMUNITIES

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 10, 2023
Date: March 17, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department Jessica Hill, Interim Community and Economic Development Director SUBJECT: Purchase and Sale Agreement of Tuolumne River Regional Park Land to Stanislaus Regional Housing Authority
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
Jessica Hill, Interim Community and Economic Development Director [email protected], 209-577-5321
DESCRIPTION:

Consider approving the sale of 3.948 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and the County of Stanislaus as part of the Tuolumne River Regional Park for $470,000 to the Stanislaus Regional Housing Authority to be used for construction of Parque Rio, a 92-unit multi-family affordable housing development and forwarding to Council for approval. (Funding Source: TRRP Operating Fund) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Area of Focus: Quality of Life and Governance and Service Delivery.

BACKGROUND:

The availability of affordable housing is extremely limited in Modesto. To assist with this shortage, local jurisdictions partner with affordable housing developers to acquire, renovate, and/or develop affordable housing units, using a variety of funding sources including, but not limited to local, State, and Federal funds with the goal of supplementing the affordable housing inventory within the community.

The Stanislaus Regional Housing Authority (Housing Authority) is a local affordable housing developer with vast experience in the development and management of affordable housing units and is the largest landlord of multifamily and senior housing for low- and moderate-income populations within Stanislaus County and other areas in the region. The Housing Authority owns #3..
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Safety and Communities Committee, April 10, 2023
Purchase and Sale Agreement of Tuolumne River Regional Park Land to Stanislaus Regional Housing Authority

and manages approximately 1,800 rental units in Modesto and manages 4,800 Housing Choice Vouchers. Over the years, the Housing Authority has had a successful track record of working with local jurisdictions within Stanislaus County in the development of affordable housing projects providing safe and decent housing for low-and-moderate income individuals and families within the region. The Housing Authority is a public agency, and members of its board are appointed by the Stanislaus County Board of Supervisors.

The Stanislaus Regional Housing Authority is requesting approval of a purchase and sale agreement to acquire 3.948 acres of land of the subject property for the construction of 92 affordable housing units. The subject property is located at 1500 Robertson Road and is owned by the members of the Tuolumne River Regional Park (TRRP) Joint Powers Authority (JPA), which is comprised of the County of Stanislaus, City of Ceres, and the City of Modesto. The property is 28 acres of open space and is located on the south side of Robertson Road, west of Sutter Avenue, in the southwesterly portion of the City of Modesto, with APN 037-023-002.

The property is under the jurisdiction of the City of Modesto and has a zoning designation of R1, Single Family Residential. The property is within the Tuolumne River Comprehensive Planning District of the General Plan and has a General Plan designation of Open Space (OS).

The surrounding properties to the north and west also have R-1 zoning.

DISCUSSION:

The Housing Authority has expressed interest in purchasing a portion of the property located at 1500 Robertson Road to develop 92 affordable housing units. On March 17, 2021, the TRRP Citizens Advisory Committee (CAC) conceptually recommended approval of the sale of a portion of the parcel located at 1500
Robertson Road to the Housing Authority. The
proposal described the purchase/acquisition of

3.948 acres of the subject property to be used
for the development affordable housing. The
Tuolumne River Regional Park JPA
Commission also conceptually recommended
approval on May 5, 2021, to move forward with
an appraisal and return for review and
approval of the potential land acquisition.

The graphic shown on the right represents the
portion of the parcel to be acquired which
consists of the northerly portion of the parcel:

This section of the property is not currently
used for park or recreational purposes.

However, this section is currently planned for a soccer complex. Upon approval of this land sale, the property would be impacted by the loss of one full soccer field (from 12 fields to 11 fields total), the reduction in size of one additional soccer field, and a potential reduction in parking of about 104 spaces (from 777 spaces to 673 spaces total). However, it is possible that the other parking lots could be redesigned to make up for a portion of the reduction in parking.

Parque Rio
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Safety and Communities Committee, April 10, 2023
Purchase and Sale Agreement of Tuolumne River Regional Park Land to Stanislaus Regional Housing Authority

The proposed project concept would consist of a new construction development to be known as the Parque Rio development and would consist of two separate housing complexes totaling 92 housing units. The first complex will consist of 70 one and two-bedroom housing units which will serve low-income families. The second complex will provide 22 accessible and adaptable one bedroom, one bath units for senior housing. Both complexes will include in-unit laundry, community rooms, playgrounds, BBQ areas, and an office for the property manager. The proposed project concept for this site would include elements to create an environmentally balanced site that would provide a sense of security and community and a tranquil atmosphere.

The Parque Rio project will provide much needed affordable workforce and senior housing options for households with incomes of up to 120% of the area median income (AMI). The existing neighborhood consists of residential and multifamily housing along the north and west sides and City of Modesto Wastewater Treatment Facilities on the east and south side. The Housing Authority also maintains a property management office across the street from the proposed housing development.

Under the TRRP Joint Powers Agreement, the property is owned jointly by Stanislaus County, City of Ceres, and City of Modesto. Accordingly, the City of Modesto must approve of the sale of the TRRP property as a member of JPA. In addition, since they are part owners of the property, the City of Ceres and Stanislaus County must also approve of the sale of the TRRP property.

There was a recent sale of a portion of this property to the City of Modesto for a new entrance to the sewer treatment plant. Taking into consideration the prior sale, after this sale, TRRP will retain a remainder of 19.172 acres and the City of Modesto will file a record of survey to show the established boundaries of the two parcels.

The Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) voted 6-1 to recommend the approval of this sale of land at their January 25, 2023 meeting. In addition, the TRRP JPA Commission on February 8, 2023, by a vote of 3-0, recommended the sale of this land and forwarded to the legislative bodies of the members of the JPA for approval.

The sale of the property to another public agency for that agency’s use is exempt from compliance with the Surplus Land Act, because the property is “exempt surplus property” pursuant to Government Code Section 54221 (f)(1)(D).

Staff believes the appraised value is within fair market range for the property. The attached appraisal was prepared by Mann & Associates on March 16, 2022, and the property was appraised at $470,000. Staff recommends approving the sale of this property.

Pursuant to the Subdivision Map Act, Government Code Section 66428 (a)(2), the creation of parcels of land conveyed to or from a public agency is exempt from the requirement of obtaining a parcel map. Therefore, the creation of the 3.948-acre parcel is allowed to be created by legal description and then transferred between the parties by grant deed.

FISCAL IMPACT:

The attached appraisal was prepared by Mann & Associates on March 16, 2022, and the property was appraised at $470,000. Proceeds of the sale will be disbursed to the TRRP Operating Fund (Fund 6700) at the City of Modesto and will be allocated in accordance with the requirements of the TRRP JPA agreement. The agreement states that revenues shall be applied against expenditures for that fiscal year. If revenue exceeds expenditures, the excess #3..
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Safety and Communities Committee, April 10, 2023
Purchase and Sale Agreement of Tuolumne River Regional Park Land to Stanislaus Regional Housing Authority

shall be allocated to the parties’ contribution accounts in proportion to the size of each such account.

CEQA/NEPA REQUIREMENTS:

The initial project was determined to be Categorically Exempt under CEQA: Section 21080.13 Public Resources Code. Prior to construction, the project will be reviewed to determine if there are any changes requiring further environmental documentation.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the sale of 3.948 Acres of real property at 1500 Robertson Road jointly owned by the City of Modesto, the City of Ceres and the County of Stanislaus as part of the Tuolumne River Regional Park for $470,000, to the Stanislaus Regional Housing Authority to be used for construction of Parque Rio, a 92-unit multi-family affordable housing development; authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, and all related documents required to complete the transaction and close of escrow and forwarding to Council for approval.

Approved by:

Laurie A. Smith, Director
Parks, Recreation & Neighborhoods Department
Jessica Hill, Interim Community and Economic
Development Director
Joseph P. Lopez, City Manager
Attachments:

1. Purchase and Sale Agreement & Exhibits

2. Appraisal from Mann & Associates – March 16, 2022

3. Conceptual Drawing of the Carpenter Road Area Soccer Complex #3..
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1 PURCHASE AND SALE AGREEMENT

WITH ESCROW INSTRUCTIONS
This Purchase and Sale Agreement with Escrow Instructions (hereafter “Agreement”) is made this day of , 2023 (the
“Effective Date”), by and between the STANISLAUS COUNTY, a political subdivision of the State of California, the CITY OF CERES, a California municipal corporation, the CITY OF MODESTO, a California charter city (collectively hereafter “SELLERS”) and the HOUSING AUTHORITY OF THE COUNTY OF STANISLAUS, a California public agency (hereafter “BUYER”). SELLERS and BUYER may each be referred to herein as a “Party” or collectively as the “Parties”. This Agreement is made with reference to the following recitals:

RECITALS
WHEREAS, SELLERS are comprised of three independent public agencies each of which is a party to the “Agreement Between County of Stanislaus, City of Modesto and City of Ceres Relating to the Acquisition, Development and Operation of the Tuolumne River Regional Park” entered into on February 19, 1972 (as amended from time to time, the “Joint Agreement”) which created the Tuolumne River Regional Park (“TRRP”) and established the Tuolumne River Regional Park Committee (“TRRP Committee”) to operate the TRRP; and
WHEREAS, SELLERS own, through their participation in the Joint Agreement, an undivided interest of approximately 28 acres of real property located in the City of Modesto commonly known as 1500 Robertson Road and more particularly described in Exhibit “B” as parcel A, as shown on that certain parcel map filed for record July 7, 1966, in Book 2 of Parcel Maps at Page 12, Stanislaus County Records, attached hereto and incorporated herein by this reference and being assessor’s parcel number 037-023- 002 (hereafter the “Property”); and
WHEREAS, SELLERS desire to sell and are willing to sell to BUYER, on the terms and conditions herein, fee simple title in a 3.948-acre portion of the Property (hereafter referred to as the “Subject Property”) which is more particularly described and shown in Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, BUYERS desire to buy and are willing to buy from SELLER, on the terms and conditions herein, fee simple title in the Subject Property; WHEREAS, sale of the Property is exempt from the requirements of the Subdivision Map Act pursuant to Government Code section 66426.5; WHEREAS, the Subject Property is undeveloped and has never been improved or used as a public park; and
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2 WHEREAS, BUYER and SELLERS acknowledge and agree that the Subject Property is necessary for public use, that is, the construction of improvements for affordable housing by the BUYER, and
WHEREAS, BUYER intends on using the Subject Property for the following purpose: to construct and operate housing units affordable to low-income households, and WHEREAS SELLERS agree that all proceeds from the sale of the Subject Property will be disbursed to the Special Revenue Fund set forth in Section 5 of the Joint Agreement, now designated as the Tuolumne River Regional Park (TRRP) Operating Fund (Fund 6700) managed by the City of Modesto, and shall so instruct Escrow Holder through the Escrow Instructions contained herein; and
WHEREAS, the SELLERS hereby agree that all revenues derived from sale of subject property will be allocated to the Parties’ Contribution Accounts in accordance with the requirements of the Joint Agreement.

NOW, THEREFORE BUYER and SELLERS agree as follows:

Section 1. RECITALS.

The Parties agree that the foregoing recitals are true and correct and are part of this Agreement.

Section 2. EFFECTIVE DATE OF AGREEMENT.

The Effective Date of the Agreement, as set forth hereinabove, shall be the date City Council of City of Modesto approves the Agreement.

Section 3. PURCHASE AND SALE.

SELLERS agree to sell and BUYER agrees to purchase the Subject Property subject to the terms and conditions in this Agreement.

Section 4. PURCHASE PRICE.

The full purchase price for the Subject Property shall be FOUR HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS
($470,000), (the “Purchase Price”).

BUYER shall pay the full Purchase Price to SELLERS by depositing the full sum into an escrow account at Chicago Title Company at 1700 Standiford Road, Modesto, CA 95350.

Section 5. ESCROW. ESCROW AGENT. ESCROW INSTRUCTIONS.

By this Agreement, BUYER and SELLERS shall establish an escrow (“Escrow”) to consummate the sale of the Subject Property according to the terms of this Agreement, at the office of Chicago Title Company (“Title Company”), 1700 Standiford Ave, Suite 110, Modesto, California, 95350, Attention: Pamela Shaw (“Escrow Agent”), subject to Escrow Agent’s standard instructions and the terms of this Agreement. An #3..
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3 executed copy of this Agreement shall be delivered as escrow instructions to Escrow Agent. In the event of any conflict between the terms of this Agreement and Escrow Agent’s standard escrow instructions, the terms of this Agreement shall control. Escrow Agent shall deliver a Preliminary Title Report for the Subject Property (the “Preliminary Report”) to BUYER.

At least ten (10) days prior to the Closing Date (as defined in Section 12), Escrow Agent shall notify BUYER and SELLERS in writing of the estimated costs to close escrow to include the following:
a. The estimated cost of premium for the CLTA standard coverage title insurance policy in the full amount of the Purchase Price of the Subject Property;
b. Escrow Agent’s escrow fees:
c. An estimate for any governmental fees to be charged; and d. An estimate of recording fees.

Section 6. CONDITIONAL PURCHASE, CONDITIONS PRECEDENT,
CONDITIONS TO BUYER’S PERFORMANCE.

SELLERS understand and agree that BUYER’s agreement to purchase the Subject Property is a conditional one and is contingent on multiple conditions, each of which must be satisfied. The close of escrow and BUYER’s obligation to purchase the Subject Property pursuant to this Agreement are contingent on the satisfaction or written waiver by BUYER of each of the following conditions which are solely for BUYER’s benefit unless otherwise indicated. Any of said conditions may be waived by BUYER, so long as such waiver is in writing. The Executive Director of BUYER is authorized to waive any such condition and/or give any notices under this Agreement on behalf of BUYER.
a. SELLERS’ Representations and Warranties. SELLERS’ representations and warranties being correct as of the Effective Date of this Agreement and as of the Closing Date.
b. Marketable Title. The conveyance to BUYER of good and marketable fee simple title to the Subject Property, as evidenced by a CLTA standard coverage title insurance policy issued by the Title Company in the full amount of the Purchase Price insuring title to the Subject Property vested in BUYER free and clear of all title defects, liens, encumbrances, conditions, covenants, restrictions, and other adverse interests of record or known to SELLERS, subject only to those exceptions approved by BUYER’s Executive Director in writing and the following: (i) the Approved Exceptions, as defined herein; and #3..
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4 (ii) general and special real property taxes and assessments constituting a lien not yet due and payable.
c. Possession/Condition of Subject Property. The delivery of possession of the Subject Property to BUYER immediately on the close of escrow, free and clear of all uses and occupancies except those approved in writing by BUYER’s Executive Director. The Subject Property will be conveyed by SELLERS to BUYER in an “as is” condition, with no warranty, express or implied, by SELLERS as to the physical condition including, but not limited to, the soil, its geology, or the presence of known or unknown faults or Hazardous Materials or hazardous waste (as defined by state and federal law); provided, however, that the foregoing shall not relieve SELLERS from disclosure of any such conditions of which SELLERS have actual knowledge.
d. SELLERS’ Performance of Obligations. SELLERS’ satisfactory performance of all of SELLERS’ obligations under this Agreement. e. Title Policy. Escrow’s Agent commitment to issue a CLTA standard coverage title insurance policy in the amount of the Purchase Price of the Subject Property subject only to approved exceptions. f. BUYER’s Right to Terminate Agreement/Waiver. If any condition set forth herein is not satisfied, or if BUYER notifies each of SELLERS in writing before the Closing Date of SELLERS’ breach of any of SELLERS’ warranties set forth in the Agreement, BUYER may, in BUYER’s sole discretion, cancel the escrow and terminate this Agreement by giving written notice to SELLERS and Escrow Agent before the Closing Date. The exercise of this power shall not waive any other rights BUYER may have against SELLERS for breach of contract.

If this Agreement terminates pursuant to this provision, the Parties shall be relieved of all further obligations and liabilities to each other under this Agreement except as otherwise provided herein and all funds and documents deposited with Escrow Agent shall be promptly returned by Escrow Agent to the depositing Party. In the event of such termination of the Agreement, BUYER shall bear any costs and expense of escrow. g. Approval by Buyer’s Board. Approval of the Agreement by the BUYER’s Board of Directors.

Section 7. SPECIAL CONDITIONS.
a. In addition to the Purchase Price, BUYER shall pay its portion of all escrow, recording and title insurance charges incurred at the close of escrow for the purchase of the Subject Property.
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5 b. Each Party represents that no real estate broker has been retained by the Party in the sale of the Property or the negotiation of this Agreement.

BUYER shall have no responsibility or liability for the payment of any real estate commission for the purchase and sale of the Subject Property. c. If the Property is encumbered by a mortgage(s), deed(s) of trust, or other secured instrument, SELLERS are responsible for payment of any demand under authority of said mortgage, deed of trust, or security interest and authorizes Escrow Agent to pay such amount out of SELLERS’ proceeds from the sale of the Subject Property. Such amounts may include but not be limited to payments of unpaid principal and interest.

Section 8. CONDITIONS TO SELLERS’ PERFORMANCE.

SELLERS’ obligation to perform under this Agreement is subject to the following conditions:
a. BUYER’s representations and warranties in this Agreement being correct as of the Effective Date of this Agreement and as of the Close of Escrow;
b. BUYER’s performance of all of BUYER’s obligations which it is required to perform pursuant to this Agreement.

Section 9. SELLERS’ REPRESENTATIONS AND WARRANTIES.

SELLERS warrant to BUYER that as of the Effective date of this Agreement and as of the Close of Escrow:
a. SELLERS own the Property and, except as disclosed herein, and in the Preliminary Report, SELLERS have no knowledge of any unrecorded or undisclosed legal or equitable interest in the Property owned or claimed by anyone other than SELLERS.
b. Leases. No leases, licenses or other agreements or arrangements allowing any third-party rights to use the Subject Property or any portion thereof are or will be in force. If any lease interest is discovered or identified, as a condition precedent to the approval of this Agreement by the City Council or the City of Modesto, quit claim deeds or similar releases sufficient to clear any such possessory rights from the Subject Property shall be obtained by SELLERS and delivered to BUYER by SELLERS.
c. Condition of the Property.
(i) SELLERS have no knowledge or notice of any buried or partially buried storage tanks located on the Subject Property #3..
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6 containing or having contained gasoline, diesel, herbicides, insecticides, or other petrochemicals;
(ii) To SELLERS’ knowledge the Subject Property is free from and has always been free from hazardous substances, hazardous materials or other contaminants;
(iii) SELLERS have not conducted any activity or allowed others to conduct any activity that has resulted in toxic or hazardous wastes or substances to be deposited on the Subject Property;
(iv) SELLERS have received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Subject Property are or have been in violation of any environmental law or informing SELLERS that the Subject Property is subject to investigation or inquiry regarding hazardous substances or hazardous materials on the Subject Property or the potential violation of any environmental law.
(v) The Subject Property has never been used as a dump or landfill. d. Litigation. There is no pending, or, to SELLERS actual knowledge, threatened litigation, administrative proceeding or other legal or governmental action with respect to the Subject Property. e. Disclosure. Any and all information that SELLERS have delivered to BUYER, either directly or through SELLERS agents is accurate, and SELLERS have disclosed all material facts with respect to the Subject Property.
f. New Facts. SELLERS shall promptly notify BUYER of any fact that would cause any of the representations contained in this Agreement to be untrue as of the Close of Escrow. If BUYER reasonably concludes that any new fact materially and adversely affects the Subject Property, BUYER shall have the option, in BUYER’s sole discretion, to terminate this Agreement by delivering written notice of same to SELLERS. In such event neither BUYER nor SELLERS shall have any further obligations to or rights against the other under this Agreement except as otherwise provided herein.
g. SELLERS have full power and authority to enter into and perform this Agreement. The execution, delivery and performance of this Agreement by SELLERS has been duly authorized by all necessary actions on the part of SELLERS, and all required consents or approvals of SELLERS have been duly obtained. Upon its execution, this Agreement is a legal, #3..
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7 valid and binding obligation of SELLERS, enforceable against it in accordance with its terms.

Section 10. BUYER’S REPRESENTATIONS AND WARRANTIES.

BUYER warrants to SELLERS that as of the date of this Agreement and as of the Close of Escrow:
a. BUYER is a California public agency validly existing and in good standing.
b. BUYER has full power and authority to enter into and perform this Agreement. The execution, delivery and performance of this Agreement by BUYER has been duly authorized by all necessary actions on the part of BUYER, and all required consents or approvals of BUYER have been duly obtained. Upon its execution, this Agreement is a legal, valid and binding obligation of BUYER, enforceable against in accordance with its terms.

Section 11. TITLE.
a. Within ten (10) days of the Effective Date of this Agreement, BUYER shall cause, at BUYER’s sole expense, Escrow Agent to issue to BUYER (with a copy to SELLERS) a preliminary report (hereinafter “Preliminary Report”) for a CLTA Policy of Title Insurance for the Subject Property, setting forth all liens, encumbrances, easements, restrictions, conditions, covenants, pending litigation, judgments, administrative proceedings and any other matters affecting SELLERS’ title to the Subject Property (hereafter “Exceptions”) together with copies of all documents relating to the Exceptions referred to in the Preliminary Report.
b. BUYER shall advise SELLERS in writing within twenty-one (21) days after receipt of the Preliminary Report of BUYER’s disapproval of any Exception or any other matter that adversely affects title to the Subject Property (hereafter “Disapproved Exception”). BUYER’s failure to advise SELLERS within twenty-one (21) days of receipt of the Preliminary Report of its disapproval of any exceptions disclosed in the Preliminary Report shall be deemed to be approval of any such exceptions (hereafter the “Approved Exceptions”). BUYER’s Executive Director is authorized to determine the condition of title and to provide the required notices hereunder.
c. As to any Disapproved Exception, SELLERS shall have the right, but not the obligation, within thirty (30) days, following expiration of the twenty-one (21) day period provided in Section11 (b) above, to cause each or any Disapproved Exception to be discharged, satisfied, released or terminated as the case may be, of record, and in a form that is #3..
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8 reasonably satisfactory to BUYER and Escrow Agent, all at SELLERS’ sole cost and expense. SELLERS authorize Escrow Agent to disperse from the cash portion of the purchase price and proceeds otherwise disbursable to SELLERS upon Close of Escrow with sum sufficient to discharge any Disapproved Exception that may be discharged only by the payment of money. If SELLERS are unable or unwilling to obtain a discharge, satisfaction, above, then this Agreement shall automatically terminate ten (10) business days after expiration of the thirty-day (30) period for curing the Disapproved Exceptions or after SELLERS advise BUYER in writing that SELLERS are unable or unwilling to cause such discharge, satisfaction, release, or termination, whichever occurs first, unless within such ten-business-day period BUYER’s Executive Director waives in writing such Disapproved Exception, in which event such Disapproved Exception shall be deemed an Approved Exception under this Exception under this Agreement. If this Agreement terminates pursuant to the foregoing sentence, neither BUYER nor SELLERS shall have any further obligations to or rights against each other under this Agreement except as otherwise provided herein and all funds and documents deposited with Escrow Agent shall be promptly refunded or returned, as the case may be, by Escrow Agent to the depositing Party.

Section 12. CLOSE OF ESCROW.
a. Title. Simultaneously with the Close of Escrow, Escrow Agent shall issue a CLTA policy of Title Insurance insuring BUYER in the amount of the Purchase Price, subject only to the following matters:
(i) Approved Exceptions by BUYER in accordance with
Section 11 of this Agreement.
b. SELLERS’ Deposit into Escrow. SELLERS shall deposit with Escrow Agent on or before the Close Date the following documents/items:
(i) A grant deed duly executed and acknowledged by
SELLERS suitable for recordation conveying to BUYER
good and marketable fee simple title to the Subject
Property subject only to Approved Exceptions in
accordance with Section 11 of this Agreement;
(ii) SELLERS affidavit of non-foreign status as contemplated by the United States Internal Revenue Code (FIRPTA
Affidavit);
(iii) SELLERS’ affidavit as contemplated by the California Revenue and Taxation Code (“Withholding Affidavit”);
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9 (iv) All other documents/items reasonably required by Escrow Agent to consummate Close of Escrow.
c. BUYER’s Deposit into Escrow. BUYER shall deposit with Escrow Agent on or before the Closing Date the following documents/items:
(i) The full Purchase Price in the form of cash or immediately available funds;
(ii) The total amount of fees and charges BUYER is
responsible to pay pursuant to Section 7 a. of this
Agreement in the form of cash or in immediately available funds;
(iii) All other documents/items reasonably required by Escrow Agent to consummate Close of Escrow;
(iv) A deed reflecting the parcel as described in Exhibit “A” and “B” to be recorded at the closing, or such other deed as requested by the Title Company.
d. Closing Date. BUYER and SELLERS agree the conveyance of the Property by SELLERS to BUYER in the closing of the transaction covered in this Agreement (“Close of Escrow”) shall take place on a date mutually agreeable to BUYER and SELLERS that is within twenty (20) days following the satisfaction of the last condition of those conditions set forth in Sections 6 and Section 11 of this Agreement, but in no event later than ninety (90) days from the Effective Date of this Agreement (the “Closing Date”). If escrow has not closed by the Closing Date, the Parties may extend the Closing Date by mutual agreement in writing or in the alternative either Party may elect to terminate this Agreement by notifying the other Party in writing of the election to terminate and in such event neither Party shall have any further obligations to or rights against the other under the Agreement.
e. Escrow Agent’s Duties. On the Closing Date, Escrow Agent shall close escrow as follows:
(i) Record the Grant Deed (marked for return to “BUYER”) in the Office of the Recorder of the County of Stanislaus
(which shall be deemed delivery to BUYER);
(ii) Issue the CLTA Policy of Title Insurance described in Section 6 b. of this Agreement.
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10 (iii) Per the Joint Agreement, on behalf of SELLERS, disburse into the Tuolumne River Regional Park Operating Fund
(Fund 6700), managed by the City of Modesto, the
Purchase Price less amounts and charges to be paid on
behalf of SELLERS;
(iv) Charge BUYER and SELLERS for those costs and
expenses to be paid by them respectively pursuant to this Agreement and disburse any net funds remaining after the preceding disbursement to BUYER.
(v) Prepare and deliver to both BUYER and SELLERS one
signed copy of Escrow Agent’s closing statement showing all receipts and disbursements of the Escrow;
(vi) Deliver to BUYER the FIRPTA Affidavit and Withholding Affidavit, if required;
(vii) Apportion costs, fees and expenses between SELLERS and BUYER in accordance with sub-section (f) below.

If Escrow Agent is unable to simultaneously perform all of the instructions set forth above, Escrow Agent shall notify BUYER and SELLERS and retain all funds and documents pending receipt of further instructions jointly by BUYER and SELLERS.
f. Prorations. Escrow Agent shall prorate the following costs at the Close of Escrow:
(i) BUYER shall pay:
i. The premium for the CLTA Policy Title Insurance; and ii. One-half of the escrow fee charged by Escrow Agent. (ii) SELLERS shall pay:
i. Any demand for payoff under authority of a mortgage, deed of trust or secured instrument of the Property
pursuant to Section 6 of this Agreement; and
ii. One-half of the escrow fee charged by Escrow Agent. g. Real Estate Taxes, Bonds and Assessments. The Parties to this agreement are all public agencies and are exempt from the payment of transfer taxes, recording fees and real property taxes. All #3..
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11 installments of any bond or assessment that constitutes a lien on the Property at the Close of Escrow shall be paid by SELLERS.

Section 13. POSSESSION.

Possession of the Subject Property shall be delivered to BUYER at the Close of Escrow.

Section 14. SELLERS’ PRECLOSING COVENANTS.

Commencing on the Effective Date of this Agreement and until the Close of Escrow:
a. SELLERS shall not permit any liens, encumbrances or easements to be placed on the Property, other than the Approved Exceptions, nor shall SELLERS enter into any Agreement regarding the sale, rental, management, repair, improvement or any other matter affecting the Property that would be binding on BUYER or on the Subject Property after the Close of Escrow without the prior written consent of BUYER.
b. SELLERS shall not permit any act of waste or act that would tend to diminish the value of the Subject Property for any reason, except that caused by ordinary wear and tear.
c. SELLERS shall maintain the Subject Property in its present condition subject to ordinary wear and tear, until the Close of Escrow.
d. If the Subject Property, or any portion of the Subject Property, is encumbered by a deed of trust, mortgage or any other secured instrument, SELLERS shall pay any demand under authority of said deed of trust, mortgage or secured instrument out of SELLERS’ proceeds of the sale of the Subject Property. Such amounts may include, but not be limited to payments of unpaid principle and interest.

Section 15. AMENDMENTS.

This Agreement shall not be amended, modified or changed except by an instrument in writing executed by the Parties. Any amendment or addendum to this Agreement shall expressly refer to this Agreement.

Section 16. WAIVERS.

No Breach of any provision of this Agreement can be waived unless in writing. Waiver of any one breach of a provision hereof shall not be deemed a waiver of any other breach of the same or any other provision or covenant in this Agreement, including the time for performance of any obligation. An extension of time for performance of any obligation #3..
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12 or act shall not be deemed an extension of time for performance of any other obligation or act.

The exercise by a Party of any remedy provided in this Agreement or at law shall not prevent the exercise by that Party of any other remedy provided in this Agreement or at law.

Section 17. SUCCESSORS. BINDING EFFECT.

This Agreement shall be binding on and inure to the benefit of the Parties to this Agreement and their heirs, personal representatives, successors, and assigns, except as otherwise provided in this Agreement.

Section 18. APPROVAL.

SELLERS acknowledge, understand and agree that this AGREEMENT is subject to the approval by BUYER’s Board of Directors and this Agreement shall have no force or affect unless and until such approval by the BUYER’s Board of Directors is obtained. BUYER similarly acknowledges that this AGREEMENT is subject to approval by the City Council of the City of Ceres, City Council of the City of Modesto and Board of Supervisors of the County of Stanislaus.

Section 19. AUTHORITY OF SELLERS.

SELLERS hereby represent and warrant that the signatories to this Agreement are authorized to enter into this Agreement to convey the Subject Property and that no other authorizations are required to implement this Agreement on behalf of the SELLERS. This Agreement has been negotiated at arm’s length and each Party has been represented by independent legal counsel in this transaction and this Agreement has been reviewed and revised by counsel to each of the Parties.

Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party.

Section 20. NOTICES.

All notices permitted or required to be given under this Agreement or which either SELLERS or BUYER desire to serve upon the other shall be in writing and shall be deemed to be properly given if delivered, mailed, or sent as follows:
a. A nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with that courier;
b. Hand delivery, in which case notice shall be deemed delivered upon receipt;
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13 c. By United States Mail, by postage prepaid, in which case notice shall be deemed delivered five (5) days after delivery in the United States Mail; or
All notices under this section shall be given as set forth below or to any other individual or addressed as may be designated by a Party:

Section 21. SEVERABILITY.

If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of the Agreement shall not be affected.

Section 22. GOVERNING LAW.

This Agreement shall be interpreted under and be governed by the laws of the State of California.

Section 23. REMEDIES
If, because of SELLERS’ default or breach of this Agreement, the purchase and sale of the Subject Property is not consummated as set forth herein by the Closing Date, BUYER shall be entitled to either (a) seek specific SELLERS: BUYER:

By United States Mail, Personal
Delivery or Overnight Mail:

City of Modesto
ATTN: City of Modesto (TRRP)
c/o Laurie A. Smith, Director of PRN
P.O. Box 642
1010 10th Street, Suite 4400
Modesto, CA 95353
Stanislaus County
ATTN: Stanislaus County
c/o Jody Hayes, CEO
1010 10th Street
Modesto, CA 95354
City of Ceres
ATTN: City of Ceres
c/o Alex Terrazas, City Manager
2220 Magnolia Street
Ceres, CA 95307
By United States Mail, Personal
Delivery or Overnight Courier:

Housing Authority of County of
Stanislaus
Attn: Executive Director
P.O. Box 581918
Modesto, CA 95358
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14 performance from SELLERS or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until SELLER is able to perform; or (iii) to terminate this Agreement upon written notice to SELLER, whereupon SELLER shall cause Escrow AGENT to return to BUYER any and all sums placed into the Escrow by BUYER, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither Party shall have any further obligations or liabilities to each other hereunder. In the event of a breach or default hereunder by BUYER and the closing does not occur due to such default, BUYER shall be responsible for any fees owed to the Title Company and Escrow Officer.

The Parties agree that SELLERS shall have no other remedies. IN NO

EVENT SHALL EITHER PARTY BE ENTITLED TO LOST PROFITS

OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE OTHER
PARTY’S BREACH OF THIS AGREEMENT.

Section 24. ATTORNEY’S FEES.

If any action, proceeding is commenced between the Parties arising out of or relating to this Agreement, the prevailing Party in that action or proceeding shall be entitled to receive from the other Party, in addition to any other relief that may be granted, the reasonable attorney’s fees, costs and expenses incurred in the action or proceeding by the prevailing Party.

Section 25. COUNTERPARTS SIGNATURE.

This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one contract.

Section 26. ENTIRE AGREEMENT.

This Agreement and the documents referenced herein contain the entire Agreement between the Parties to this Agreement.

Section 27. TIME.

Time is of the essence of this Agreement.
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15 IN WITNESS WHEREOF, the City of Modesto, a charter city and municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk by Resolution No. 2023- adopted by the Council on the day of ____________, 2023, and Stanislaus County, a political subdivision of the State of California, the City of Ceres, a municipal corporation, and the Housing Authority of County of Stanislaus, a California public agency, have caused this Agreement to be duly executed as of the Effective Date.

CITY OF MODESTO (As one of the SELLERS),
a municipal corporation
By:

JOSEPH P. LOPEZ, City Manager
ATTEST:

By:

DIANE NAYARES-PEREZ, CMC, City Clerk
APPROVED AS TO LEGAL FORM:

By:

JOSE M. SANCHEZ, City Attorney
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16 STANISLAUS COUNTY (As one of the SELLERS),
a political subdivision of the State of California
By: ___
JODY HAYES, Chief Executive Officer
ATTEST:

By:

ELIZABETH A. KING, Clerk of the Board
Approved as to Legal Form:

STANISLAUS COUNTY COUNSEL
Thomas E. Boze, County Counsel
By:

G. MICHAEL ZIMAN, Deputy County Counsel
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17 CITY OF CERES (As One of the SELLERS),
a municipal corporation
By:

ALEX TERRAZAS, City Manager
ATTEST:

By:

FALLON MARTIN, City Clerk
APPROVED AS TO LEGAL FORM:

By:

NUBIA GOLDSTEIN, City Attorney
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18 HOUSING AUTHORITY OF COUNTY OF STANISLAUS (as BUYER), a California public agency
By:

JIM KRUSE, Executive Director
(SEAL)

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19 EXHIBIT A
Attached Plat & Legal Description of Subject Property
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©COPYRIGHT 2021 DF ENGINEERING, INC.

DATE Jun.,2021
SCOTT THOMAS DELAMARE LS 8078
SIGNED:

OF
JOB
AUTHOR
SCALE
CK. BY
PAGE
DATE
2113
DF ENGINEERING , INC. CIVIL ENGINEERING AND SURVEYING
3421 TULLY ROAD · SUITE J · MODESTO, CA 95350 TELEPHONE (209) 529-7450 · EMAIL [email protected] R:\ACTIVE PROJ\2021\2113\Dwg\Exhibit\2113_LegalPlat_4acres.dwg, 1_Desc, Jun 23, 2021, 11:23am, scott June 23, 2021 N/A
NIP
STD
1 2

EXHIBIT A

LEGAL DESCRIPTION FOR

STANISLAUS REGIONAL HOUSING AUTHORITY
All that portion of
PARCEL A of the Parcel Map filed in
Book 2 of Parcel Maps at Page 12, Stanislaus County Records, lying in the Southeast Quarter of the Southeast Quarter of Section 6, Township 4 South, Range 9 East, Mount Diablo Meridian, City of Modesto, County of Stanislaus, State of California, described as follows:

COMMENCING at a 2 inch iron pipe in a well at the intersection of the centerlines of Hays Street and Robertson Road as shown on the Survey filed in Book 26 of Surveys at Page 81, Stanislaus County Records; thence along said centerline of Robertson Road, North 89°54'43" East, 214.61 feet to the Northerly extension of the East line of PARCEL B of said Parcel Map; thence along said Northerly extension, South 00°14'06" West, 20.00 feet to the Northwest corner of said PARCEL A, being on the South line of said Robertson Road and the TRUE POINT OF BEGINNING of this description; thence along said South line, North 89°54'43" East, 717.11 feet to a parallel line being 389.93 feet, measured at right angles, Westerly of the East line of said Section 6 as shown on said Survey; thence along said parallel line, South 00°27'59" West, 240.01 feet to a parallel line being 240.00 feet, measured at right angles, Southerly of said South line; thence along said parallel line, South 89°54'43" West, 716.14 feet to the Southeast corner of said PARCEL B; thence along said East line of PARCEL B, North 00°14'06" East, 240.00 feet to the point of beginning.

TOGETHER WITH: All Rights of Way, Easements, Agreements, and Covenants of Record intended to benefit the real property described herein.

SUBJECT TO: All Rights of Way, Easements, and Sovereign Rights of Record.

Containing: 171,987 square feet, 3.948 acres, more or less.

A Plat being Page 2 of 2 and attached hereto
is hereby made a part of this Legal Description.

END OF DESCRIPTION
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DESCRIBED
N89°54'43"E 717.11' 240.01' S0°27'59"W
S89°54'43"W 716.14' 240.00' N0°14'06"E

ROBERTSON ROA D SUTTER AVENUE HAYS STREE
T
171,987 SF

3.948 AC

PROPERTY
214.61' N89°54'43"E 20.00'
S0°14'06"W }
N89°54'43"E 389.95'
389.93'
PARCEL a
2-pm-12
PARCEL b
2-pm-12

EAST LINE
SECTION 6

GRANT DEED
1975-47425
BK.2708 PGS.423-425
APN:037-023-002
GRANT DEED 1958-27646 IN VOL. 1511 PG. 302
POB

POC SUTTER AVENUE
©COPYRIGHT 2021 DF ENGINEERING, INC.

DATE Jun.,2021
SCOTT THOMAS DELAMARE LS 8078
SIGNED:

OF
JOB
AUTHOR
SCALE
CK. BY
PAGE
DATE
2113
DF ENGINEERING , INC. CIVIL ENGINEERING AND SURVEYING
3421 TULLY ROAD · SUITE J · MODESTO, CA 95350 TELEPHONE (209) 529-7450 · EMAIL [email protected] R:\ACTIVE PROJ\2021\2113\Dwg\Exhibit\2113_LegalPlat_4acres.dwg, 2_Plat, Jun 23, 2021, 11:23am, scott June 23, 2021 1"= 200'
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EXHIBIT A

PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR
LYING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6, T.4 S., R.9 E., M.D.M.

CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA

STANISLAUS REGIONAL HOUSING AUTHORITY
0 GRAPHIC SCALE
SCALE 1"= 200'
100 200 400
LEGEND

LINES OF PROPERTY DESCRIBED

EXISTING ROAD RIGHT-OF-WAY
EAST LINE OF SECTION 6

EXISTING CENTERLINE

EXISTING PARCEL LINE

THE CROSSHATCHED AREA

REPRESENTS THE PROPERTY
BEING DESCRIBED +/- 171,987 SF

3.948 AC
MONUMENT PER 26-S-81
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20 EXHIBIT B
Parcel Map of Property
APN# 037-023-002
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APPRAISAL REPORT

REAL ESTATE APPRAISAL
Of
A 3.948 Acre portion of 1500 MODESTO
1500 Robertson Dr, Modesto
Stanislaus County
California, 95351
As of
March 16, 2022
Prepared For
Jim Kruse
Executive Director
Stanislaus Regional Housing Authority
1701 Roberson Rd.,
Modesto, CA 945350
Stanislaus Regional Housing Authority File No: PO #46560 Prepared By
Mann & Associates
REAL ESTATE VALUATION SINCE 1980
Karen J. Mann, ASA-RP
California; Cert. General
AG007008, exp 4/29/2022
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Mann & Associates – Real Estate Valuation
14850 Highway 4 #A326
Discovery Bay, CA 94505
925.513.3231 – office
510.612.5122 – direct
[email protected]
March 21, 2022
Jim Kruse
Executive Director
Stanislaus Regional Housing Authority
1701 Roberson Rd.

Modesto, CA 945350
RE: Appraisal Report
A 3.948 Acre Portion of 1500 Robertson Dr
Modesto, California 95351
Stanislaus Regional Housing Authority File No: PO #46560 Mr. Kruse:

Mann & Associates is proud to present the appraisal that satisfies the agreed upon scope of work with Stanislaus Regional Housing Authority.

The property under appraisal is the 3.948 Acre portion of the parcel identified as 037-023-002, 1500 Robertson Road, City of Modesto, State of California. The property is a vacant land parcel which was further identified with a Legal Description as delineated by DF Engineering, Inc on Exhibit A dated 06/23/2021 (included in this report). The property Is identified as Parcel B 2-PM12 and referred to as 1500 Robertson Dr for ease of reference throughout this appraisal report.

The subject property is located within the Tuolumne River Regional Park area. The parcel is zoned R-1, however, the General Plan shows the property is in the OS (pen space district of the proposed recreation area.

The undersigned appraiser was contacted by the client to provide an opinion of Market Value of the 3.948 Acre parcel located at the northwesterly corner of the parcel, with frontage of Robertson Rd. It is acknowledged that the proposed configuration, as outlined in the legal description herein, does not yet have a separate parcel number and is currently part of APN: 037-023-002. The appraiser was not requested to provide an opinion of value of the property as a whole; the only value requested was the value of the 3.948 Acre parcel as outlined herein.

The purpose of this appraisal is to develop an opinion of the As-Is Market Value (Fee Simple). The following table conveys the final opinion of value that is developed in this appraisal:

MARKET VALUE CONCLUSION

VALUATION SCENARIO INTEREST APPRAISED DATE VALUE
As Reconfigured Per Exhibit A Market Value Fee Simple March 16, 2022 $470,000 #3..
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Jim Kruse
Stanislaus Regional Housing Authority
March 21, 2022

MANN & ASSOCIATES

EXTRAORDINARY ASSUMPTIONS
The use of an extraordinary assumption(s) may have impacted the results of the assignment. None

HYPOTHETICAL CONDITIONS
The use of a hypothetical condition(s) may have impacted the results of the assignment. The client requested the value of a 3.948-acre parcel (per the Legal Description included herein) of vacant land which is located on the upper northwesterly corner of the Tuolumne River Regional Park (TRRP) parcel identified as APN: 037- 023-002. Per client request, the appraiser is to provide a value of 3.948 Acres parcel, as if it was a separate parcel and under the ownership of the Stanislaus County Housing Authority.

If there are any specific questions or concerns regarding the attached appraisal report, or if Mann & Associates can be of additional assistance, please contact the individuals listed below.

Respectfully Submitted,

MANN & ASSOCIATES
Karen J. Mann, ASA-RP
Certified General Real Estate Appraiser
California License No. AG007008
Expiration Date 4/29/2022
925.513.3231
[email protected]
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TABLE OF CONTENTS

MANN & ASSOCIATES

LETTER OF TRANSMITTAL

INTRODUCTION
Executive Summary ______________________________________________________________________________________________________1 Subject Property Photographs __________________________________________________________________________________________4 Identification of Appraisal Assignment __________________________________________________________________________________5 Scope of Work___________________________________________________________________________________________________________8

DESCRIPTIONS & EXHIBITS
Regional Area Analysis ________________________________________________________________________________________________ 11 Local Area Analysis ____________________________________________________________________________________________________ 13 Site Description________________________________________________________________________________________________________ 19 Exhibits ________________________________________________________________________________________________________________ 21 Zoning _________________________________________________________________________________________________________________ 24 Market Analysis________________________________________________________________________________________________________ 27 Highest & Best Use Analysis___________________________________________________________________________________________ 29 As Vacant Analysis __________________________________________________________________________________________________ 29

VALUATION METHODS
Site Valuation__________________________________________________________________________________________________________ 33 Reconciliation of Value Conclusions___________________________________________________________________________________ 39 Certification____________________________________________________________________________________________________________ 40 Glossary
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EXECUTIVE SUMMARY
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 1

VALUE CONCLUSION

VALUATION SCENARIOS AS-IS MARKET VALUE
Interest Fee Simple
Date March 16, 2022
Site Value $470,000
Cost Approach Not applicable
Sales Comparison Approach Not applicable
Income Capitalization Approach Not applicable
FINAL VALUE CONCLUSION $470,000
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AERIAL PHOTOGRAPH
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 2
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SUBJECT PROPERTY PHOTOGRAPHS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 3
Westerly Street View Easterly Street View
Site View from the northeasterly front prop.line Northerly site view View of the frontage to the South Northwesterly Property line #3..
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SUBJECT PROPERTY PHOTOGRAPHS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 4
Westerly Street View – Apts across the street Southwesterly site view from NE corner Westerly view from the SW Corner Westerly view of site from NE corner SW view from the NE corner
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IDENTIFICATION OF ASSIGNMENT
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 5

PROPERTY IDENTIFICATION
The property is identified as 1500 Robertson Road, City of Modesto, State of California as identified in Exhibit A Plat which accompany legal description. The property under appraisal configured as 3.948 Acre parcel (171,987 sf).

The subject property is located within the Tuolumne River Regional Park area. The parcel is zoned R-1, however, the General Plan shows the property is in the OS (pen space district of the proposed recreation area.

The assessor parcel number is: 037-023-002-000 (a portion of).

LEGAL DESCRIPTION

LEGAL DESCRIPTION FOR STANISLAUS REGIONAL HOUSING AUTHORITY All that portion of PARCEL A of the Parcel Map filed in Book 2 of Parcel Maps at Page 12, Stanislaus County Records, lying in the Southeast Quarter of the Southeast Quarter of Section 6, Township 4 South, Range 9 East, Mount Diablo Meridian, City of Modesto, County of Stanislaus, State of California, described as follows:

COMMENCING at a 2 inch iron pipe in a well at the intersection of the centerlines of Hays Street and Robertson Road as shown on the Survey filed in Book 26 of Surveys at Page 81, Stanislaus County Records; thence along said centerline of Robertson Road, North 89°54'43" East, 214.61 feet to the Northerly extension of the East line of PARCEL B of said Parcel Map; thence along said Northerly extension, South 00°14'06" West, 20.00 feet to the Northwest corner of said PARCEL A, being on the South line of said Robertson Road and the TRUE POINT OF BEGINNING of this #3..
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IDENTIFICATION OF ASSIGNMENT (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 6
description; thence along said South line, North 89°54'43" East, 717.11 feet to a parallel line being 389.93 feet, measured at right angles, Westerly of the East line of said Section 6 as shown on said Survey; thence along said parallel line, South 00°27'59" West, 240.01 feet to a parallel line being 240.00 feet, measured at right angles, Southerly of said South line; thence along said parallel line, South 89°54'43" West, 716.14 feet to the Southeast corner of said PARCEL B; thence along said East line of PARCEL B, North 00°14'06" East, 240.00 feet to the point of beginning.

TOGETHER WITH: All Rights of Way, Easements, Agreements, and Covenants of Record intended to benefit the real property described herein.

SUBJECT TO: All Rights of Way, Easements, and Sovereign Rights of Record.

Containing: 171,987 square feet, 3.948 acres, more or less.

CLIENT IDENTIFICATION
The client of this specific assignment is Stanislaus Regional Housing Authority.

INTENDED USE & INTENDED USERS
The intended use of this appraisal is to assist the client in making internal business decisions related to this asset for potential sale with the intended use as a Land Bank property transaction. Stanislaus Regional Housing Authority or assigns are the only intended users of this report.

PURPOSE
The purpose of this appraisal is to develop an opinion of the As-Is Market Value (Fee Simple) of the property identified herein as if the parcel was already subdivided into a separate parcel as identified in the legal description above. The purpose of the potential sale is for the buyer to use the parcel for Land Bank purposes.

PERSONAL PROPERTY & BUSINESS INTANGIBLE
There is no personal property (FF&E) included in this valuation.

PROPERTY AND SALES HISTORY
Current Owner
The current title is vested under Tuolumne River Regional Park (TRRP) which operates the subject as an owneruser.

Current Pending Sale/Under Contract
We are not aware of any other sale transactions, listings, pending or recent contracts for sale that have occurred within the last three years. This is based on our interview with the borrower, and a search utilizing Loopnet, CoStar, public records, MLS and various other sources. Given that the noted previous transaction occurred more than three years ago, we have not reconciled this past indication of market value with our current indication of market value reported herein.
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IDENTIFICATION OF ASSIGNMENT (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 7
Current Owner
The current title is vested under Tuolumne River Regional Park (TRRP) which operates the subject as an owneruser.

Three-Year Sales History
According to county records there has been no transfer of ownership for the subject property in the past three years nor has it been listed for sale in the last 12 months.

EXPOSURE & MARKETING TIME
Marketing time and exposure time are both influenced by price. That is, a prudent buyer could be enticed to acquire the property in less time if the price were less. Hence, the time span cited below coincides with the value opinion(s) formed herein.

USPAP Standard rule 1-2(c)(iv) requires an opinion of exposure time, not marketing time, when the purpose of the appraisal is to estimate market value. In the recent past, the volume of competitive properties offered for sale, sale prices, and vacancy rates have fluctuated little. Sale concessions have not been prevalent. The following information is used to estimate exposure time and marketing time for the subject:

Exposure Time Conclusion
The subject is a land (park / open space) use totaling 0 SF (NRA) on 3.9480-acres (171,975 SF) located at 1500 Robertson Dr in Modesto, Stanislaus County, California. Considering these factors, a reasonable estimate of exposure time for the subject As-Is Market Value (Fee Simple) is three to six months.

Marketing Time Conclusion
A marketing time estimate is a forecast of a future occurrence. History should be considered as a guide, but anticipation of future events & market circumstances should be the prime determinant. Overall market conditions are expected to remain stable, so a marketing time of three to six months is predicted for the subject.

DEFINITION OF MARKET VALUE
The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently, knowledgeably, and assuming that the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:

1. Buyer and seller are typically motivated;

2. Both parties are well informed or well advised, and acting in what they consider their own best interests;

3. A reasonable time is allowed for exposure in the open market; #3..
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IDENTIFICATION OF ASSIGNMENT (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 8

4. Payment is made in terms of cash in United States dollars or in terms of financial arrangements comparable thereto; and

5. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.1

PROPERTY RIGHTS APPRAISED
The property rights appraised constitute the fee simple interest.

Fee Simple Interest
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power and escheat.2

VALUE SCENARIOS
As-Is Value (as if configured into the 3.948 Acre Parcel) The estimate of the value of real property as if configured as a 3.948 Acre Parcel as described in the Legal Description (Exhibit A) herein; in the current physical condition, use as vacant land, and zoning/general plan as of the appraisal date.3

SCOPE OF WORK
The scope of work for this appraisal assignment is outlined below:
 The appraisal analyzes the regional and local area profiles including employment, population, household income and real estate trends. The local area was inspected to consider external influences on the subject.
 The appraisal analyzes legal and physical features of the subject including site size, improvement size, flood zone, seismic zone, site zoning, easements, encumbrances, site access and site exposure.  The appraisal includes a market analysis for the Central Valley market and Modesto submarket using vacancy, absorption, supply and rent data. Conclusions were drawn for the subject’s competitive position given its physical and locational features, current market conditions and external influences.  The appraisal includes a Highest and Best Use analysis and conclusions have been completed for the highest and best use of the subject property As Vacant and As Improved. The analysis considered legal, locational, physical and financial feasibility characteristics of the subject site and existing improvements.  In selecting applicable approaches to value, the appraiser considered the agreed upon appraisal scope and assessed the applicability of each traditional approach given the subject’s characteristics and the intended use of the appraisal. As a result, this appraisal developed Land Sales Comparison approach.

The values presented represent the As-Is Market Value (Fee Simple).  The assignment was prepared as an Appraisal Report in accordance with USPAP Standards Rules 2, with the analysis stated within the document and representing a fully described level of analysis.  The author of this report are aware of the Competency Rule of USPAP and meets the standards. 1 Office of Comptroller of the Currency (OCC), Title 12 of the Code of Federal Regulation, Part 34, Subpart C -Appraisals, 34.42 (g); Office of Thrift Supervision (OTS), 12 CFR 564.2 (g); This is also compatible with the FDIC, FRS and NCUA definitions of market value. 2 The Dictionary of Real Estate Appraisal, 6th Ed. (Chicago: Appraisal Institute 2015) 3 The Dictionary of Real Estate Appraisal, 6th Ed. (Chicago: Appraisal Institute 2015) #3..
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IDENTIFICATION OF ASSIGNMENT (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 9

ASSISTANCE PROVIDED
No one provided real property appraisal assistance to the individuals signing this report.

SOURCES OF INFORMATION
The following sources were contacted to obtain relevant information:

The lack of the unavailable items could affect the results of this analysis. As part of the general assumptions and limiting conditions, the subject is assumed to have no adverse easements, significant items of deferred maintenance, or be impacted by adverse environmental conditions.

SUBJECT PROPERTY INSPECTION
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REGIONAL AREA MAP
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 10
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REGIONAL AREA ANALYSIS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 11

INTRODUCTION
In order to understand the subject’s position in the area or region, we have undertaken a brief analysis in order to determine how trends—both historical and projected—in population, employment, personal income, consumer spending, and housing impact supply and demand and influence the subject’s area directly and indirectly. This analysis first begins on a broader spectrum, and without respect to the subject itself, and is highlighted in the Regional Area Analysis. Secondly, we undertake a more narrowly focused study of the aforementioned attributes as they relate directly to the subject and the subject’s neighborhood. This discussion is presented in the forthcoming Local Area Analysis.

REGIONAL AREA ANALYSIS
The subject property is located in Modesto, California. The map presented on the previous page illustrates the subject property location relative to the Modesto metropolitan area.

Unemployment
The following graphs charts the trailing 18 months and trailing 10 years unemployment rate for the Modesto area.

Employment
The following chart shows the trailing 10 years employment for the state of California, Modesto, CA MSA, and Stanislaus County.
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LOCAL AREA MAP
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 12
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LOCAL AREA ANALYSIS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 13

INTRODUCTION
The subject property is located in the Modesto area of the Modesto submarket. The immediate area of the subject is characterized by the area sewage treatment plant, Tuolumne River (south), apartment complexes and detached single family residences (north and westerly). Neighborhood retail was also noted within the immediate area.

Demographics
The following information reflects the demographics for the subject’s area.

Population
The estimate provided by ESRI for the current 2021 population within the subject neighborhood’s 3 mile radius is 91,430 representing a 4.52%change since 2010. ESRI’s 2020 population estimate for the subject’s 5 mile radius is 202,634, which represents a 3.96% change since 2010.

Looking forward, ESRI estimates that the population within the subject neighborhood’s 3 mile radius is forecasted to change to 93,326 by the year 2026. As for the broader area, ESRI forecasts that the population within the subject’s 5 mile radius will change to 206,555 over the next five years. The population estimates for #3..
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LOCAL AREA ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 14
the next five years within the subject’s 5 mile radius represents a 1.94% change as well as a 1.98% change within the subject’s 1 mile radius for the same period.

Households
The estimates provided by ESRI indicate that the number of households within the subject neighborhood’s 3 mile radius is 25,031, which is a 4.00% change since 2010. Within the subject’s broader 5 mile radius, ESRI estimates that the number of households is 62,911, a 3.57% change over the same period of time.

By the year 2026, the estimates provided by ESRI indicate that the number of households within the subject neighborhood’s 3 mile radius will change by 2.05% to 25,543 households. Additionally, ESRI’s estimate for total households over the next five years within the subject’s broader 5 mile radius indicates an expected change of 1.87% which will result in a total household estimate of 64,089.

Looking back, the number of households in the subject neighborhood’s 3 mile radius changed 1.44% during the ten-year period of 2000 to 2010. Since then it has changed by some 4.00%.

Income
Income estimates provided by ESRI for the subject neighborhood’s 3 mile radius indicates that the median household income is $47,638 and that the average household income is $60,319. Further, the estimates provided by ESRI indicate that, for the subject’s broader 5 mile radius the median household income is $54,256, and the average household income is $69,021. Given that there are reportedly 62,911 households in the subject’s 5 mile radius, it is estimated that the local effective buying income is around $4,342,180,131.

CONCLUSION
Based on our observation and the data provided by ESRI, it is perceived that the income and population demographics for the subject neighborhood exhibit average characteristics in terms of reported population growth and income levels. As previously mentioned, the population growth for the subject’s 3 mile radius has increased 4.52% since 2010 and based on the projections provided by ESRI, it is expected to continue to increase another 2.07% during the next 5 years. Lastly, we perceive that, since average household incomes are within the national average ($60,319, for the subject’s 3 mile radius) and given that the area is well-populated (25,031 households in a 3 mile radius), and vacant lots are scarce in the area, the potential subdivision of the parcel into an alternative use may be feasible.

SURROUNDING LAND USES
The following tables and maps highlight the development in and around the subject. #3..
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LOCAL AREA ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
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LOCAL AREA ANALYSIS (CONTINUED)
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LOCAL AREA ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
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The land use in the subject’s immediate neighborhood consists of a significant amount of commercial property, comprising of a mix of many property types. Commercial uses in the area include the Modesto Wastewater Treatment Plan, The Housing Authority of Stanislaus County and several Schools, in addition to the Tuolumne River Regional Park area. Retail uses are predominately located northerly, along Highway 132..

The following chart illustrates the high concentration of multifamily and office compared to industrial and retail properties.

TUOLUMNE RIVER REGIONAL PARK OVERVIEW
Subject is located within the Tuolumne River Regional Park (TRRP). As a result of 1997, heavy rains, the Tuolumne reiver resulted in catastrophic flooding of the Lower Tuolumne River (in the subject area). In an effort to address the flood conditions and provide access to the river as a resource which can be easily enjoyed by the public, TRRP was developed. Currently TRRP consists over 500 acres of land along a seven-mile stretch of the Tuolumne River. The undersigned appraiser consulted the TRRP Master Plan for further clarification of the area which also currently includes the property under appraisal. The two primary goals of the recreational park area is to create a park where the recreational experience is oriented toward the enjoyment of the Tuolumne River and provide a park that is a source of pride for the citizens of Stanislaus County and reflects and accommodates the County’s diverse people and cultures. The park is slated to have a river walk, Pedestrian and Bicycle bridge, fishing pier, Riparian restoration, Tennis and Sports courts, nature trails, an amphimeadow, municipal golf course, vista points, and an abundance of grading, trees and managed landscaping. Within the TRRP area and within the immediate neighborhood for the subject is the Modesto Water Treatment (Sewer) plant.

ECONOMIC INFLUENCES
The local area economic status is important to recognize as the measurement of income levels provides an indication of the ability of the area population to buy, rent and maintain property. The economic status of an area also provides an indication of the population’s appetite for goods and services. Relevant economic information includes income levels, property ownership vs. rent, property rent levels, rent level trends, property vacancy and new construction.

The vast majority of the housing units within the area are non-owner occupied, which contrasts with relative similarity to other parts of Modesto which is owner occupied. #3..
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LOCAL AREA ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
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GOVERNMENT INFLUENCE
Governmental considerations relate to zoning, building codes, regulations, flood plain restrictions, special assessment, property tax and empowerment zones.

The General Plan shows the that that the property under appraisal and the other larger portion of the original property configuration is located in an area designated Open Space. The presence of the TRRP regional park area is conforming to the OS designation. However, the parcel is also designated via the Zoning Code as having R-1 designation (low density housing).

Zoning in the area is mixed, TRRP regional park area, residential and City Public works industrial designations.

Zoning code is enforced by the municipality and enforcement in all areas of City of Modesto is strong.

Rezoning is typically discouraged and requires public input in all municipalities. Building codes are in force and require a certain standard of construction quality and design. Per one of the Planners for the City of Modesto Zoning Department, the small area under appraisal (subject of this appraisal) could possibly have a lot adjustment for the OS boundary. However, for purposes of this appraisal and recognition of the current government influence, the conformance to the local General Plan and Zoning parameters are taken into consideration in order to develop the Highest and Best Use determination.

ACCESS/PUBLIC TRANSPORTATION
The streets within the neighborhood are laid out in a grid pattern with major streets generally along the section and ½ section lines. The major north/south streets in the neighborhood include S. Carpenter Rd (west) and Highway 99 (east). The major east/west streets include Highway 132 (north), and W. Hatch Rd (south).

With the existing transportation system, most areas of metropolitan Modesto are accessible from the subject neighborhood and access is considered for the metropolitan area. Public bus service is available throughout the area. Overall, access within the neighborhood is average for the metropolitan area.

ENVIRONMENTAL INFLUENCES
The subject area is considered to be a typical neighborhood with average building size and density. There are no extraordinary topographical features other than some areas located within FEMA Flood zones. The presence of the Modesto Waste Treatment Plant is located just southerly and southeasterly of the property under appraisal; however, on the date of observation of the subject there was no adverse smells noted by the undersigned appraiser. Public utilities are readily available in the subject market area.

LOCAL AREA SUMMARY
The market benefits from a diverse blend of residential, commercial, and community uses and close proximity to many recreational activities. The area is located in southwest Modesto near recreation areas, schools, access to Highway 99 and southwest of Downtown Modesto. Good proximity to shopping and medical centers as well. The outlook for this major community located in the Central Valley is good as of the effective date of the appraisal report.
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SITE DESCRIPTION
1500 Robertson Dr, Modesto, California 95351
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The subject site consists of one parcel and has 171,975 SF (3.9480 AC) of land area (as described in Exhibit A Legal Description). The size of the site area was estimated based on the Engineer’s Map as included as Exhibit A, herein. It is perceived that there is no surplus or excess land at the subject. The following summaries the salient characteristics of the subject site.

Address 1500 Robertson Dr (3.948 Acre portion located at the northwesterly corner fronting onto Robertson Drive, Modesto, California.

Census Tract 06-099-001603
Adjacent Properties
North Medium density housing - apartments
South Tuolumne River and vacant land
East Modesto Wastewater Treatment
West Church and low-density single-family residences
Accessibility Access to the subject site is considered average overall.

Exposure & Visibility Exposure of the subject is average balancing the frontage on Robertson Dr, the primary local arterial, with the obscured visibility to southbound traffic from the #3..
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SITE DESCRIPTION (CONTINUED)
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MANN & ASSOCIATES 20
newer building constructed to the north. This building was constructed up against the front property line obscuring visibility of the subject to some degree.

Flood Plain Zone X (Shaded) was noted on the portion of the property which has a frontage on Robertson Drive. This is referenced by Panel Number 06099C0532F, dated August 24, 2021. Zone X (shaded) is a moderate and minimal risk area. Areas of moderate or minimal hazard are studied based upon the principal source of flood in the area and historically the southerly portion of the contiguous larger portion formerly part of the subject is zoned AO, which is located within the FEMA Flood Zone (please note the Flood Map on the following page). However, buildings in these zones could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. Local storm water drainage systems are not normally considered in a community’s flood insurance study.

The failure of a local drainage system can create areas of high flood risk within these zones. Flood insurance is available in participating communities, but is not required by regulation in these zones. Nearly 25% of all flood claims filed are for structures located within these zones. Moderate risk areas within the 0.2% annual chance floodplain, areas of 1% annual chance flooding where average depths are less than 1 foot, areas of 1% annual chance flooding where the contributing drainage area is less than 1 square mile, and areas protected from the 1% annual chance flood by a levee. No BFEs or base flood depths are shown within these zones. (Zone X (shaded) is used on new and revised maps in place of Zone B.)
Seismic The subject is not located in an area with known seismic activity.

Easements A preliminary title report was not available for review. During the property inspection, no adverse easements or encumbrances were noted. This appraisal assumes that there are no adverse easements present. If questions arise, further research is advised.

Soils A detailed soils analysis was not available for review. Based on the development of the subject, it appears the soils are stable and suitable for the existing improvements.

Hazardous Waste We have not conducted an independent investigation to determine the presence or absence of toxins on the subject property. If questions arise, the reader is strongly cautioned to seek qualified professional assistance in this matter. Please see the Assumptions and Limiting Conditions for a full disclaimer.

Site Rating Overall, the subject site is considered average as a land site in terms of its location, exposure and access to employment, education and shopping centers, recognizing its location along minor arterial.

Site Conclusion In the final analysis of the site, no significant physical detriments were discovered which would inhibit development according to its highest and best use. The site displays adequate accessibility and locational features for no development until the General Plan boundaries were changed. The current OS General Plan zone is not a buildable location.
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PLAT MAP
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LEGAL DESCRIPTION
1500 Robertson Dr, Modesto, California 95351
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FLOOD MAP
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ZONING
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The subject is located in the Low Density Residential (R-1) zoning area which is Low Density Residential.

ZONING CONCLUSION
The R-1 zoning is not conforming to the Open Space designation within the General Plan. The undersigned appraiser interviewed Catherine Martin to confirm the legal use of the R-1 zone and the legal uses with the General Plan in place which supersedes the Zoning Map. Therefore, the current use as vacant land is conforming to the General Plan. Catherine did say that with the proper applications submitted to the Modesto Planning Department it may be possible that the General Plan perimeters may have the potential for change in the future depending on the needs of the Stanislaus Housing Authority. Reader should note, this appraisal is based on the current zoning and the current limitations as imposed by the General Plan. #3..
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March 21, 2022
MANN & ASSOCIATES 25

GENERAL PLAN MAP
Above is the General Plan Map with subject highlighted in the Blue rectangle with the red arrow.

ZONING MAP
Zoning Map shows the area is zoned R-1
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IMPROVEMENT DESCRIPTION (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 26

TUOLUMNE RIVER REGIONAL PARK ILLUSTRATIVE PLAN
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MARKET ANALYSIS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 27
In this section, market conditions which influence the subject property are analyzed. An overview of Apartment supply and demand conditions for the Central Valley market and Modesto submarket are presented. Key supply and demand statistics for the most recent quarter, last year and historical averages over the past 10 years are summarized in the tables below.

The Central Valley Apartment market demonstrates positive conditions. There has been little variance in supply over the last year. Vacancy has continued to decrease slight over the last year to the most recent figure at

4.2%. Asking rents increased in each quarter of 2015 with an additional increase in Q1 2016. Net absorption was positive for the last year.

The Modesto Apartment submarket demonstrates mostly stable conditions. Vacancy had only minor fluctuations between 4.3% and 5.2% throughout 2015. Asking rents were relatively stable as well ranging from a low of $20.73/SF to a high of $21.96/SF with the most recent figure in-between at $21.56/SF. It is noted that rents in this submarket are historically above that of the Portland MSA. Net absorption was negative in Q4 2015 but is positive again from Q1 2016.
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MARKET ANALYSIS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 28

VACANCY
The following tables provide visual illustration of the long term and short term Apartment vacancy for the Central Valley market and Modesto submarket.
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HIGHEST & BEST USE
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 29

INTRODUCTION
The highest and best use of the subject property provides the foundation for the valuation section. Highest and best use is defined in the 6th edition of The Dictionary of Real Estate Appraisal (Appraisal Institute, Chicago, 2015), as follows:

The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity.

Highest and best use analysis uses the following steps for the subject:
 Highest & Best Use As Vacant
 Determination of the ideal improvements
 Highest & Best Use As Improved
 Conclusion of the Highest & Best Use
The analysis of highest and best use can be thought of as the logical end of a spectrum of market analysis procedures, running from the macroeconomic overview of a general market study, through more detailed marketability studies and analyses of financial feasibility, to the formal analysis of highest and best use. In theory, the highest and best use is commonly described as that reasonable and most profitable use that will support its highest present value. The highest and best use, or most profitable use, must be legally permissible, physically possible, financially feasible, and maximally productive.

This section develops the highest and best use of the subject property As-Vacant; since the property is not Improved the Highest and Best Use As Improved was not developed.

AS VACANT ANALYSIS
In this section the highest and best use of the subject as vacant is concluded after taking into consideration financial feasibility, maximal productivity, marketability, legal, and physical factors.

Legally Permissible
Private restrictions, zoning, building codes, historic district controls, and environmental regulations are considered, if applicable to the subject site. The legal factors influencing the highest and best use of the subject site are primarily government regulations such as zoning ordinances. Permitted uses of the subject’s Low Density Residential (R-1) are superseded by the General Plan which excludes the possibility of a residential subdivision. Zoning change is not likely; therefore, uses outside of those permitted by the R-1 zoning are not considered moving forward in the as-vacant analysis. The only current legal use would be for open space or another non-residential and non-commercial use permitted by the Planning Department.

Physical Possible
The test of what is physically possible for the subject site considers physical and locational characteristics that influence its highest and best use. In terms of physical features, the subject site totals 3.9480-acres (171,975 SF), it is rectangular in shape and has a level topography. The site has average exposure and average overall access. Due to the level topography, the site may have an array of uses; however, due to the restrictions legally, the physical possibilities are reduced to storage site area, Land Bank site area, open space or park area, other recreation uses but not residential uses.
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HIGHEST & BEST USE (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 30
Financial Feasibility
Current uses would not include residential. The site may qualify for storage, park area, and other nonoccupiable use.

Maximum Productivity
There is only one use that creates value and at the same time conforms to the requirements of the first three tests. Financial feasibility, maximal productivity, marketability, legal, and physical factors have been considered and the highest and best use of the subject site as-vacant concluded to be open space 1/du per 10 ac.

Therefore, it is anticipated that this is essentially a site which could have minimal uses and the potential use for Land Banking may be bring the maximum productivity to the land and bring income to the land (via market value). The site is also an excellent candidate for a parcel acquired for the use as a Land Bank; whereas a developer acquires a property slated for Open Space in order to have increased density on a different building site. It’s not uncommon for Developers to actively look for such parcels.

MOST PROBABLE BUYER
Based on the type of property and the income generating potential of the improvements, it is our opinion that the most probable buyer for the subject would be local or governmental agency or a developer who needs acquisition of properties which are retained for Open Space in order to qualify for increased density at a different building site. An investor would not typically be interested in this parcel for development. #3..
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VALUATION METHODS
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 31
In traditional valuation theory, the three approaches to estimating the value of an asset are the cost approach, sales comparison approach, and income capitalization approach. Each approach assumes valuation of the property at the property’s highest and best use. From the indications of these analyses, an opinion of value is reached based upon expert judgment within the outline of the appraisal process.

SITE VALUATION
The site value is a specific scope requirement of this assignment. Characteristics specific to the subject property warrant that a site value is developed. Within the Site Valuation section, the subject is valued as one marketable economic site.

COST APPROACH
The cost approach considers the cost to replace the proposed improvements, less accrued depreciation, plus the market value of the land. The cost approach is based on the understanding that market participants relate value to cost. The value of the property is derived by adding the estimated value of the land to the current cost of constructing a reproduction or replacement for the improvements and then subtracting the amount of depreciation in the structure from all causes. Profit for coordination by the entrepreneur is included in the value indication.

The Cost Approach is not a specific scope requirement of this assignment. Characteristics specific to the subject property do not warrant that this valuation technique is developed. Based on the preceding information, the Cost Approach will not be presented which is typical for a vacant land parcel.

SALES COMPARISON APPROACH
The sales comparison approach estimates value based on what other purchasers and sellers in the market have agreed to as price for comparable properties. This approach is based upon the principle of substitution, which states that the limits of prices, rents, and rates tend to be set by the prevailing prices, rents, and rates of equally desirable substitutes. In conducting the sales comparison approach, I gather data on reasonably substitutable properties and make adjustments for transactional and property characteristics. The resulting adjusted prices lead to an estimate of the price one might expect to realize upon sale of the property.

The Sales Comparison Approach is not a specific scope requirement of this assignment. Characteristics specific to the subject property do not warrant that this valuation technique to be developed. Based on this reasoning, the Sales Comparison Approach is not presented within this appraisal.

INCOME CAPITALIZATION APPROACH
The income capitalization approach (“income approach”) simulates the reasoning of an investor who views the cash flows that would result from the anticipated revenue and expense on a property throughout its lifetime. The net income developed in our analysis is the balance of potential income remaining after vacancy and collection loss, and operating expenses. This net income is then capitalized at an appropriate rate to derive an estimate of value or discounted by an appropriate yield rate over a typical projection period in a discounted cash flow analysis. Thus, two key steps are involved: (1) estimating the net income applicable to the subject and (2) choosing appropriate capitalization rates and discount rates. The appropriate rates are ones that will provide both a return on the investment and a return of the investment over the life of the particular property.
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VALUATION METHODS (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
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MANN & ASSOCIATES 32
The Income Approach is not a scope requirement for this assignment. The appraisal scope of this assignment was to develop the single best approach to value. While the Income Approach is applicable, it does not represent a viable valuation method for the subject.

CORRELATION AND CONCLUSION
Based on the agreed upon scope with the client, the subject’s specific characteristics and the interest appraised, this appraisal developed Land Sales Comparison approach. The value presented represent the AsIs Market Value (Fee Simple) as if configured in the 3.98 Acre parcel with frontage on Robertson Drive, Modesto, CA.

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RECONCILIATION OF VALUE CONCLUSIONS
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INTRODUCTION
This section values the subject site by comparing it with substitute land sales or listings within the local market area or in competitive areas throughout the region. Land value is influenced by a number of factors; most notably development and use potential. These factors, as well as others, are factored in the following analysis.

UNIT OF COMPARISON
The most relevant unit of comparison for competing land is the $/SF. All of the comparable sales presented in this section were reported on this basis.

ADJUSTMENTS
Adjustments to the comparable sales were considered and made when warranted for expenditures after purchase, property rights transferred, conditions of sale, financing terms, and market conditions.

1. Property Rights - All of the sales comparables were fee simple sales reflecting the property rights appraised herein per the agreed upon scope of work.

2. Financing - The sales all reflected typical cash equivalent, lender-financed transactions and no adjustments were required for financing terms.

3. Sale Conditions - None of the comparables required a condition of sale adjustment, as all were confirmed to be arm’s length transactions.

4. Expenditures After Sale - Expenses that the buyer incurs after purchase (demolition, cleanup costs, etc.). No adjustments are warranted based on review of the land sales.

5. Market Conditions (Time) - Based on the analysis performed, which includes research and interpretation of value trends of the comparables presented herein, a market conditions adjustment of 10% is applied on an Annual basis reflecting the relatively consistent appreciation that occurred between the oldest comparable sale date up through the effective valuation date.

QUANTITATIVE ADJUSTMENT PROCESS
Quantitative percentage adjustments are also made for location and physical characteristics such as size, location quality, access, exposure, as well as other applicable elements of comparison. Where possible the adjustments applied are based on paired data or other statistical analysis. It should be stressed that the adjustments are subjective in nature and are meant to illustrate the logic in deriving a value opinion for the subject property by the Land Sales Comparison Approach.

COMPARABLE SELECTION
A thorough search was made for similar land sales in the area. The parameters of the survey were highest and best use, zoning, proximity to the subject, size, and date of sale. In selecting comparables, emphasis was placed on confirming recent sales of sites that are similar to the subject property in terms of location and physical characteristics. Overall, the sales used represent the best comparables available for this analysis.

Comparables utilized in this analysis reflect the most recently closed sales which had limited if any potential buildability. Adjustments for zoning differences were made in the downward direction for Comp #1, #2, #4 and #5.
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RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
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PRESENTATION
The following Land Sales Comparison Table, location map and exhibits summarize the sales data. Following these items, the sales are adjusted for applicable elements of comparison and the site value is concluded.

LAND SALES COMPARISON TABLE
SUBJECT COMP 1 COMP 2 COMP 3 COMP 4 COMP 5 COMP 6 COMP 7 Address 1500 Robertson Dr
Highway 99 @
Hammett Rd
3521 Roselle
Ave
2519 Magnolia
St
601 S.

Soderquist 2925 W. Main St 535 Zeff Road Blue Gum Rd
City Modesto Salida Modesto Ceres Turlock Turlock Modesto Modesto State CA Ca CA Ca CA CA CA CA
Zip 95351 95368 95357 95307 95380 95380 95351 95358
County Stanislaus Stanislaus Stanislaus Stanislaus Stanislaus Stanislaus Stanislaus Stanislaus Submarket Modesto Modesto Modesto Modesto Modesto Modesto Modesto Modesto Parcel
037-023-002-000 (a
portion of)
003-014-007-
000
083-004-008-
000
127-014-034-
000
050-001-038-
000
089-012-007-
000
038-021-023-
000
081-004-004

SALE INFORMATION
Transaction Price $1,700,000 $1,100,000 $130,000 $1,100,000 $645,000 $1,495,000 $565,000 Transaction Price $/SF $4.07 $2.96 $2.76 $2.77 $2.91 $4.65 $1.92 Property Rights ¹ Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Financing ²

$1,350,000 1st 100% Cash 100% cash 100% Cash

1st of $390,000 Listing Cash
Sale Conditions ³ Arms Length Arms Length Arms Length Arms Length Arms Length Listing Arms Length Expenditures After Sale ⁴ $0 $0 $0 $0 $0 $0 $0
Market Conditions ⁵ 10/27/2021 2% 7/14/2021 3% 7/20/2021 3% 3/25/2021 5% 11/20/2020 7% 3/1/2022 0% 2/28/2022 0% Sale Status Recorded Recorded Recorded Recorded Recorded Listing Recorded Recording Number 100257 67237 68721 92201 93576 Listing - Marketing Status Open Market Open Market Open Market Open Market Open Market Open Market Open Market

53.7 Mos. 44.9 Mos. 31.7 Mos. 27.3 Mos. 5.4 Mos. - 4 days Total Transactional Adjustments $0.08 2% $0.10 3% $0.09 3% $0.14 5% $0.19 7% $0.01 0% $0.00 0% Adjusted $/SF $4.15 $3.06 $2.85 $2.91 $3.10 $4.66 $1.92

PHYSICAL INFORMATION
Square Feet 171,975 418,176 372,002 47,044 397,267 221,720 321,473 294,466 Acres 3.9480 9.6000 5% 8.5400 5% 1.0800 (5%) 9.1200 5% 5.0900 2.8200 6.7600 2% Location Average Good (10%) Average Average Average Average Average Average Access Average Good (10%) Average Average Average Average Average Average Exposure Average Average Average Average Average Average Average Average Shape Rectangular Trapezoid
Generally
Rectangular
Generally
Rectangular Trapezoid Rectangular Irregular
Generally
rectangular
Zoning R-1 C-2 (20%) SP (15%) PC TUR I (10%) I-BP (10%) Commercial Adj
to Tuolumne
River A-2-40
Topography Level Level Level Level Level Level Level Level Property Type Vacant Land Vacant Land Vacant Land Vacant Land Vacant Land Vacant Land Vacant Land Almond Orchrd (5%) Total Physical Adjustments ($1.45) (35%) ($0.31) (10%) ($0.14) (5%) ($0.15) (5%) ($0.31) (10%) $0.00 0% ($0.06) (3%) Adjusted $/SF $2.70 $2.75 $2.71 $2.76 $2.79 $4.66 $1.86

CONFIRMATION INFORMATION
Marketing Period (Months)
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RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
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COMPARABLE LABEL ADDRESS MILES FROM SUBJECT
COMPARABLE 1 1 Highway 99 @ Hammett Rd, Salida, Ca, 95368 9.2 COMPARABLE 2 2 3521 Roselle Ave, Modesto, CA, 95357 6.7 COMPARABLE 3 3 2519 Magnolia St, Ceres, Ca, 95307 3.8
COMPARABLE 4 4 601 S. Soderquist, Turlock, CA, 95380 11.8 COMPARABLE 5 5 2925 W. Main St, Turlock, CA, 95380 10.9 COMPARABLE 6 6 535 Zeff Road, Modesto, CA, 95351 1.2
COMPARABLE 7 7 Blue Gum Rd, Modesto, CA, 95358 5.2
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RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
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LAND SALE EXHIBITS
COMPARABLE 1 COMPARABLE 2
COMPARABLE 3 COMPARABLE 4
COMPARABLE 5 COMPARABLE 6
COMPARABLE 7

DOUBLE CLICK TO INSERT PHOTO FROM DB DOUBLE CLICK TO INSERT PHOTO FROM DB

DOUBLE CLICK TO INSERT PHOTO FROM DB DOUBLE CLICK TO INSERT PHOTO FROM DB

DOUBLE CLICK TO INSERT PHOTO FROM DB

DOUBLE CLICK TO INSERT PHOTO FROM DB DOUBLE CLICK TO INSERT PHOTO FROM DB #3..
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RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
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LAND SALES ADJUSTMENT DISCUSSION
The comparable land sales indicate an overall unadjusted value range from $1.92/SF to $4.65/SF, and average of $3.24/SF. After adjustments, the comparables indicate a fairly narrow range for the subject site between $1.86/SF and $4.66/SF with an average of $2.89/SF. The adjustment process is described below.

Land Sale 1 ($2.96/SF Adjusted) – - -
Comp #1 is the most recently closed sale found for this analysis. The property is zoned C-2 however, this parcel is to be annexed to the Salida Mello Roos District. Any plan for development must conform to the Salida Planned Development Guidelines, August 1991 Revision. There may be future right of way dedications required for the interchange needs. Uses for this site are anticipated to be restricted. The site may be capable for a self storage facility; however, this was not confirmable.

Land Sale 2 ($2.84/SF Adjusted) – - -
Comp #2 is a vacant lot sale of a size zoned Special Plan District. This zone district may allow the construction of a religious facility on the site. The property is located at the corner of Roselle Ave and Sylvan Ave. The parcel. Comp #1 is a larger parcel, which required an upward adjustment to reflect the Principle of Economies of Scale. Comp #1 has superior access and superior location at the on/off rams of Highway 99 for excellent exposure. #2 is adjusted downward for the superior zoning designation which is in conformance with uses on the General Plan. Comp #2 is also a large parcel which required an upward adjustment in accordance with the Principle of Diminishing Returns.

Land Sale 3 ($2.94/SF Adjusted) – - -
Comp #3 is a fairly recent sale with P-C zoning. The site was formerly owned by Sutter Valley Hospitals and has limited capability for development. Comp #3 is a smaller parcel than the subject which may result in a higher price per square foot (a downward adjustment to reflect the effects of the Principle Diminishing Returns).

Land Sale 4 ($3.04/SF Adjusted) – - -
Comp #4 is located in the nearby town of Turlock. Comp #4 is similar to #1 and #2 in land area, resulting in an upward adjustment. Comp #4 side railroad tracks on two sides which makes this site most similar to the subject. The parcel zoned TUR I which severely limits the use on this site. Additionally, the site has the adverse externality of railroad noise and air pollution. The parcel was purchased by a hybrid energy storage company – a limited use and due to inferior appeal. This property was on the market for 818 days.

Land Sale 5 ($2.96/SF Adjusted) – - -
Comp #5 is an older sale. The parcel is slightly larger in acres resulting in an upward adjustment. This parcel is zoned IPB. The property was slated to be an RV Storage lot due to zoning and general plan limitations.

Land Sale 6 ($4.67/SF Adjusted) – - -
Comp #6 is currently an active listing. #6 is located along Tuolumne River, on a land-locked parcel. The irregular oblong shape would further reduce the utility of the site. The site is limited in utility. Broker suggested the site be used as a campground with riverfront access. Secondary weight was given to the Listing due to the lack of negotiated/consummated purchase agreement. Land Sale #6 is located most proximate to Tuolumne River and may have environmental or zoning restrictions due to proximity to the River; similar to the subject. Comp #6 may be listed at the upper end of the market. #3..
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RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
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Land Sale 7 ($0.00/SF Adjusted) – - -
Comp #7 is a recent closed sale of a slightly larger parcel with the presence of an Almond Orchard. This parcel does not have a house on site; just the Almond Orchard.

LAND VALUE CONCLUSION
The comparables indicate a unit value, based on a general bracketing analysis after adjustments, between $1.86/SF and $4.66/SF of land area. Based on the subject’s overall locational and physical features, a unit value conclusion of $2.75/SF is supported. The following table summarizes the comparable land sales analysis and applies the unit value conclusion to the site area to provide an indication of the as-vacant land value.

LAND SALES COMPARISON APPROACH CONCLUSION (SF)

TRANSACTION ADJUSTMENT NET
PRICE TRANSACTIONAL¹ ADJUSTED PROPERTY² FINAL ADJ
1 $4.07 2% $4.15 (35%) $2.70 (34%)
2 $2.96 3% $3.06 (10%) $2.75 (7%)
3 $2.76 3% $2.85 (5%) $2.71 (2%)
4 $2.77 5% $2.91 (5%) $2.76 (0%)
5 $2.91 7% $3.10 (10%) $2.79 (4%)
6 $4.65 0% $4.66 0% $4.66 0%
7 $1.92 0% $1.92 (3%) $1.86 (3%)
HIGH $4.65 7% $4.66 0% $4.66 0%
AVG $3.15 3% $3.24 (10%) $2.89 (7%)
MED $2.91 3% $3.06 (5%) $2.75 (3%)
LOW $1.92 0% $1.92 (35%) $1.86 (34%)
SUBJECT SF $/SF
Total Land Area 171,975 x $2.72 =
INDICATED VALUE (ROUNDED TO NEAREST $10,000) $2.73
VALUE
$470,000
$467,772
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RECONCILIATION OF VALUE CONCLUSIONS (CONTINUED)
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March 21, 2022
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Based on the agreed upon scope with the client, the subject’s specific characteristics and the interest appraised, this appraisal developed Land Sales Comparison approach. The values presented represent the As-Is Market Value (Fee Simple).

The Reconciliation of Value Conclusions is the final step in the appraisal process and involves the weighing of the individual valuation techniques in relationship to their substantiation by market data, and the reliability and applicability of each valuation technique to the subject property. Below, the individual strengths and weaknesses of each approach are analyzed.

As previously discussed, the Cost Approach was not presented in this analysis. The exclusion of the Cost Approach does not diminish the credibility of the value conclusion.

The price per square foot method has been presented in the Sales Comparison Approach. There have been several recent sales of properties similar to the subject in the market area in the current market conditions, which increases the validity of this approach. The most likely buyer for the subject would most likely be an owner-user and consequently, this approach is given primary weight.

The Income Approach to value is generally considered to be the best and most accurate measure of the value of income-producing properties- since there is no income stream; the Income Approach was not applicable to the valuation of this analysis.

After considering all factors relevant to the valuation of the subject property, equal emphasis is placed on the Sales Comparison and Income Approaches in the following As-Is market value.

RECONCILIATION OF VALUES

VALUATION SCENARIOS AS-IS MARKET VALUE
Interest Fee Simple
Date March 16, 2022

LAND VALUE
LAND CONCLUSION $470,000
$/SF Total Land Area $4.73

FINAL VALUE CONCLUSION
FINAL VALUE CONCLUSION $470,000
$/SF NRA $4.73
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CERTIFICATION
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 40
I certify that, to the best of my knowledge and belief:
 The statements of fact contained in this report are true and correct.  The reported analyses, opinions, and conclusions of the signer are limited only by the reported assumptions and limiting conditions, and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
 The signer of this report has no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved.  Karen J. Mann, ASA-RP has performed no services, specifically as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
 The signer is not biased with respect to the property that is the subject of this report or to the parties involved with this assignment.
 The engagement in this assignment was not contingent upon developing or reporting predetermined results.
 The compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
 The reported analysis, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute, and the Uniform Standards of Professional Appraisal Practice, as set forth by the Appraisal Standards Board of the Appraisal Foundation.  Karen J. Mann, ASA-RP inspected the property that is the subject of this report.  No one provided significant real property appraisal assistance to the appraisers signing the certification.  The use of this report is subject to the requirements of the Appraisal Institute relating to review by its Karen J. Mann, ASA-RP
Certified General Real Estate Appraiser
California License No. AG007008
Expiration Date 4/29/2022
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ASSUMPTIONS & LIMITING CONDITIONS
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March 21, 2022
MANN & ASSOCIATES 41
 Information presented in this report has been obtained from reliable sources, and it is assumed that the information is accurate.  This analysis assumes that the information provided for this appraisal accurately reflect the current condition of the subject property.  This report shall be used for its intended purpose only, and by the party to whom it is addressed. Possession of this report does not include the right of publication.
 The appraiser may not be required to give testimony or to appear in court by reason of this appraisal, with reference to the property in question, unless prior arrangements have been made.
 The statements of value and all conclusions shall apply as of the dates shown herein.  There is no present or contemplated future interest in the property by the appraiser which is not specifically disclosed in this report.  Without the written consent or approval of the author neither all, nor any part of, the contents of this report shall be conveyed to the public through advertising, public relations, news, sales, or other media. This applies particularly to value conclusions and to the identity of the appraiser and the company with which the appraiser is connected.  This report must be used in its entirety. Reliance on any portion of the report independent of others, may lead the reader to erroneous conclusions regarding the property values. Unless approval is provided by the author no portion of the report stands alone.  We assume no responsibility for matters legal in character, nor do we render any opinion as to title, which is assumed to be marketable. All existing liens, encumbrances, and assessments have been disregarded, unless otherwise noted, and the property is appraised as though free and clear, under responsible ownership, and competent management.  The appraisal has provided exhibits to assist the client(s)/intended user(s) to understand from a graphical standpoint some of the salient issues which impact the subject property. We have made no survey of the property and if further verification is required, a survey by a registered surveyor is advised.
 The appraiser assumes no responsibility for determining if the property requires environmental approval by the appropriate governing agencies, nor if it is in violation thereof, unless otherwise noted herein. This analysis assumes that no asbestos or other hazardous materials are stored or found in or on the subject property. If evidence of hazardous materials of any kind occurs, the reader should seek qualified professional assistance. If hazardous materials are discovered and if future market conditions indicate an impact on value and increased perceived risk, a revision of the concluded values may be necessary.
 The valuation stated herein assumes professional management and operation of the buildings throughout the lifetime of the improvements, with an adequate maintenance and repair program.
 The liability of Mann & Associates, its principals, agents, and employees is limited to the client. Further, there is no accountability, obligation, or liability to any third party. If this report is placed in the hands of anyone other than the client, the client shall make such party aware of all limiting conditions and assumptions of the assignment and related discussions. The appraiser is in no way responsible for any costs incurred to discover or correct any deficiency in the property.
 The appraiser is not qualified to detect the presence of toxic or hazardous substances or materials which may influence or be associated with the property or any adjacent properties, has made no investigation or analysis as to the presence of such materials, and expressly disclaims any duty to note the degree of fault. Mann & Associates and its principals, agents, employees, shall not be liable for any costs, expenses, assessments, or penalties, or diminution in value, property damage, or personal injury (including death) resulting from or otherwise attributable to toxic or hazardous substances or materials, including without limitation hazardous waste, asbestos material, formaldehyde, or any smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids, solids or gasses, waste materials or other irritants, contaminants or pollutants.  The appraiser assumes no responsibility for determining if the subject property complies with the Americans with Disabilities Act (ADA). Mann & Associates, its principals, agents, and employees, shall not be liable for any costs, expenses, assessments, penalties or diminution in value resulting from non-compliance.
 This appraisal assumes that the subject meets an acceptable level of compliance with ADA standards; if the subject is not in compliance, the eventual renovation costs and/or penalties would negatively impact the present value of the subject. If the magnitude and time of the cost were known today, they would be reduced from the reported value conclusion.  Unless otherwise noted herein, a detailed soils study was not provided for this analysis. The subject's soils and sub-soil conditions are assumed to be suitable based upon a visual inspection of the subject property and surrounding properties, which did not indicate evidence of excessive settling or unstable soils. No certification is made regarding the stability or suitability of the soil or sub-soil conditions. #3..
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ADDENDA
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March 21, 2022
MANN & ASSOCIATES 42

RESUME AND CREDENTIALS OF
KAREN J. MANN, ASA

STATE CERTIFIED - GENERAL APPRAISER
www.mannappraisal.com
[email protected]
California License #AG007008 - Exp April 29, 2022
EXPERIENCE:
1989-Present President/Chief Appraiser of Mann and Associates • A woman owned business – Incorporated in 1989
• Offices in Fremont, Discovery Bay, Brentwood and San Jose (2000 - 2008)
• Managed and reviewed appraisals of my employees (up to 17 appraisers); continued education and developed business to flex with the economy – right sized the firm after the National Recession 2007 – 2011.
• Budgets and fiscal oversight, growth and contraction
• Oversee and develop operations for staff (clerical and appraisal) • Provide motivation and education to staff and self
• Developed database system and developed a Virtual Office model for appraisers
• Developed and implemented “state of the art” technology prior to the mainstream use of such technology
• Expanded and contracted the physical firm as the market dictated • Provide financial support for advanced education opportunities to staff on a mandated annual basis
• Provide appraisal services to an array of clients including attorneys, banks, mortgage brokers and CPA’s.

May 1985-Sept. 1989 Independent Fee Appraiser & Partner of Lidster-Mann Assoc. • Achieved Vice Presidency of the firm and shared all management responsibilities, with a special emphasis on review of appraisals, and the marketing of the firm’s services.
1983-1985 Independent Fee Appraiser of Lidster Assoc.
• Worked as a full-time appraiser with emphasis on residential appraisals, with exposure and beginning training into the development of non-residential properties (ie land, churches, retail, industrial, ECT).
1980-1982 Apprentice/Trainee for Lidster Associates & Roessler Associates • Worked as a full-time appraiser, with emphasis on residential appraisals, but with exposure to commercial properties as well.

TYPE OF PROPERTY APPRAISED
• Single Family Residence
o Custom homes – largest home 40,000 sf GLA
o Homes under construction
o Estate valuations – retrospective valuations
o Dissolution valuations
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ADDENDA (CONTINUED)
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o Properties with an on site ADU
o Multi-residential properties 2-4 units
• Commercial properties
o 5 – 100 unit apartment complexes
o Retail uses
o Industrial uses
o Office uses
o Agricultural uses
o Restaurants
• Other properties:
o Religious Properties – Appx 1600 properties
o Yacht Clubs
o Marinas
o RV Parks
AREAS SERVED:

Alameda County - Residential, commercial and other uses Contra Costa County - Residential, commercial & other uses San Joaquin County - Residential, commercial & other uses Santa Clara County - Residential, commercial & other uses Solano County - Residential, commercial & other uses
Statewide Religious Properties
Multi- State Religious Properties (Nevada, Oregon, Washington +)

Expert Witness and/or 730 Expert in the following Courts (a variety of property types) – which included the preparation of an Appraisal Report, deposition and trial testimony (both bench and jury trials). o Alameda County Superior Court
o Alameda County Tax Court
o Santa Clara County Superior Court
o Contra Costa County Superior Court
o San Francisco Superior Court
o Marin County Superior Court
o FEWA Forensic Expert Witness Association, past member PROFESSIONAL ORGANIZATION MEMBERSHIPS & POSITIONS:

American Society of Appraisers, (Awarded 2 designations as follows) ASA -Urban / Commercial - 1996 ASA – Residential 1986 1995-96 Chapter 42 (San Jose Chapter) - President 1994-95 Chapter 42 (San Jose Chapter) - 1st Vice President Active Chapter member since 1986 – San Jose and San Francisco Chapters 2013 – 2014 Elected, Secretary/Treasurer RP Committee for RP Discipline 2013 – 2014 RP Governance Chair
Real Property Committee member (2007-2015)
Speaker – Hollywood National Meeting (8 hour seminar developed) Education Trained
Speaker – San Antonio National Meeting (Seminar on Religious property Valuation) 2012 – 2015 ASA- CA – Chairperson (California coalition for lobbying efforts in the State of California)
2018 – 2020 Member of RP National Committee
2020 – 2021 Media representative for Real Property discipline of ASA #3..
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ADDENDA (CONTINUED)
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Appraisal Institute, Senior Residential Appraiser designation (SRA) – 1987 Member of the Appraisal Institute 1984 - 2018
2007 – Vice Chair – Leadership Development & Nominating Committee 2005-2007 National – Leadership Development and Nominating Committee 2005-2007 National Committees – Education Committee
2003-2005 Chapter Services Chair, Region I
2002 Northern California-Chapter President
2001 Northern California - Chapter Vice President
2000 Northern California - Chapter Treasurer
1999 Northern California - Chapter Secretary
2002-2005 National Committee-Education Publication
2003-2005 National Committee – Chapter Services Committee 1998-2004 National Committee - Residential Admissions Board 1995-2001 National Committee - Communications Committee 1995-2001 National Committee - Public Relations Committee 1994-2003 Region I Representative
1994 South Bay Chapter President
1993 South Bay Chapter 1st Vice President
1992 South Bay Chapter Secretary
1990-96 South Bay Chapter Director
1989-96 Chairman of Vendors Faire of the Monterey Bay Appraisal Seminar Reviewer of The Dictionary of Real Estate Appraisal, Fifth Edition

Royal Institution of Chartered Surveyors, MRICS designation in 2009 Largest International Valuation and Related Studies organization Member of RICS 2005 - 2019
Real Property Committee Member of the Americas (2011 – 2015) FEWA – Forensic Expert Witness Association,
Sacramento/Sierra Chapter, Chairman (2012/2013)
Course: April, 2012 – SEAK Expert Witness (3 days), Las Vegas, NV

PROFESSIONAL AWARDS AND OTHER ASSOCIATION SERVICE & AFFILIATION • APPRAISAL FOUNDATION
o Served on SEC committed regarding effects of Financing Concessions • Delegate to Romania to meet with appraisers from that country– American Society of Appraisers) • YMCA - Fremont & Newark-Board of Members & awarded Hall of Partners • Golden West F. C. U. – Served on the Board of Directors for two years • LEADS Club - Leader of the Year
• Member of Bay East MLS Association
• Chamber of Commerce - Fremont – served on the Board of Directors • Chamber of Commerce – Discovery Bay – served on the Board of Directors • Graduate of Leadership 2000 Program - Fremont Chamber of Commerce • Discovery Bay Yacht Club – Rear Commodore (2008 – 2009) & Vice Commodore (2010), Commodore (2011) – Jr. Staff Commodore (2012) – Staff Commodore (2013+) • Awarded the Blue Gavel – International Past Commodores Association • Karen was appointed onto the CEO search committee for Appraisal Institute and for FEWA • Appeared in the Technology Today - Video (1995) for the Appraisal Institute • Was appointed to the 717 Task Force for Education (2004) – Appraisal Institute • Was appointed to the Center for Property Economics - Planning (2001) – Appraisal Institute • Chair of the Summer Conference – Residential Seminars – Toronto (2004) – Appraisal Institute • Published “Beat the Clock and Make More Money” Published in VIP magazine for the Appraisal Institute (Fall, 2004)
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• Was the subject of the feature article by US Chamber of Commerce High Tech Office (1994) • Served on the merger “task force” for Northern California, San Jose, Monterey, Fresno, and Central Valley Chapters – Appraisal Institute
• Speaker (3 years) at Appraisal Today Conference in South San Francisco • Leadership Development Coordinator of 2008 Retreat – San Francisco Chapter of ASA • Was interviewed by various newspapers between 2006 – 2013 including Wall Street Journal and Bloomberg News regarding the trends in the appraisal industry

AUTHORED SEMINARS
• Beat the Clock and Make More Money
• Incredible Income Opportunities for Residential Appraisers • Profitable Appraising
• Building New Skillsets for Appraisers
• How to Measure Buildings and Calculate the Building Areas • How to operate Virtual Office and why
• Valuation of Religious Properties – it takes more than a Prayer • Vexing Valuation Issues – How to work with an Appraiser • Valuing Religious Properties – It takes more than a Prayer FEDERAL GOVERNMENTAL ADVISORY PARTICIPATION:
• Provided testimony regarding the “Appraisal Regulatory Process”, June 2012 to the U.S. House of Representatives in Washington DC o (June 2012 Testimony was filmed and on C-Span) • Provided testimony regarding the “causes and what I knew and when” about the current Federal Financial Crisis. The FCIC will then report to the President and Congress regarding the current financial/banking crisis (September 2010) (see www.fcic.gov) • Quoted in “The Financial Crisis Inquiry Report”, authorized edition January 2011 #3..
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ADDENDA (CONTINUED)
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GLOSSARY
This glossary contains the definitions of common words and phrases, used throughout the appraisal industry, as applied within this document. Please refer to the publications listed in the Works Cited section below for more information.

Works Cited:
 Appraisal Institute. The Appraisal of Real Estate. 15th ed. Chicago: Appraisal Institute, 2020. PDF.  Appraisal Institute. The Dictionary of Real Estate Appraisal. 6th ed. 2015. PDF.  The Appraisal Foundation. 2020-2021 Uniform Standards of Professional Appraisal Practice (USPAP).

Eff. January 1, 2020 through December 31, 2021 PDF.

Band of Investment
A technique in which the capitalization rates attributable to components of an investment are weighted and combined to derive a weighted-average rate attributable to the total investment (i.e., debt and equity, land and improvements). (Dictionary, 6th Edition)
Common Area

1. The total area within a property that is not designed for sale or rental but is available for common use by all owners, tenants, or their invitees, e.g., parking and its appurtenances, malls, sidewalks, landscaped areas, recreation areas, public toilets, truck and service facilities.

2. In a shopping center, the walkways and areas onto which the stores face and which conduct the flow of customer traffic. (ICSC) (Dictionary, 6th Edition)
Common Area Maintenance (CAM)

1. The expense of operating and maintaining common areas; may or may not include management charges and usually does not include capital expenditures on tenant improvements or other improvements to the property.
• CAM can be a line-item expense for a group of items that can include maintenance of the parking lot and landscaped areas and sometimes the exterior walls of the buildings. • CAM can refer to all operating expenses.
• CAM can refer to the reimbursement by the tenant to the landlord for all expenses reimbursable under the lease. Sometimes reimbursements have what is called an administrative load. An example would be a 15% addition to total operating expenses, which are then prorated among tenants. The administrative load, also called an administrative and marketing fee, can be a substitute for or an addition to a management fee.

2. The amount of money charged to tenants for their shares of maintaining a center’s common area. The charge that a tenant pays for shared services and facilities such as electricity, security, and maintenance of parking lots. The area maintained in common by all tenants, such as parking lots and common passages.

The area is often defined in the lease and may or may not include all physical area to be paid for by all tenants. Items charged to common area maintenance may include cleaning services, parking lot sweeping and maintenances, snow removal, security, and upkeep. (ICSC) (Dictionary, 6th Edition) Debt Coverage Ratio (DCR)
The ratio of net operating income to annual debt service (DCR = NOI/IM), which measures the relative ability of a property to meet its debt service out of net operating income; also called debt service coverage ratio (DSCR). A larger DCR typically indicates a greater ability for a property to withstand a reduction of income, providing an improved safety margin for a lender. (Dictionary, 6th Edition) #3..
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ADDENDA (CONTINUED)
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Discount Rate
A rate of return on capital used to convert future payments or receipts into present value; usually considered to be a synonym for yield rate. (Dictionary, 6th Edition) Effective Age
The age of property that is based on the amount of observed deterioration and obsolescence it has sustained, which may be different from its chronological age. (Dictionary, 6th Edition) Effective Date

1. The date on which the appraisal or review opinion applies. (SVP)

2. In a lease document, the date upon which the lease goes into effect. In a lease document, the date upon which the lease goes into effect. (Dictionary, 6th Edition) Exposure Time

1. The time a property remains on the market.

2. The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective estimate based on an analysis of past events assuming a competitive and open market. (Dictionary, 6th Edition)
External Obsolescence
An element of depreciation; a diminution in value caused by negative externalities and generally incurable on the part of the owner, landlord, tenant. (Dictionary, 6th Edition) Extraordinary Assumption
An assumption, directly related to a specific assignment, which, if found to be false, could alter the appraiser’s opinions or conclusions. Extraordinary assumptions presume as fact otherwise uncertain information about physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. (Dictionary, 6th Edition)
An assignment-specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinion or conclusions. (USPAP, 2020-2021 ed.)
Fee Simple Estate
Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. (Dictionary, 6th Edition) Functional Obsolescence
The impairment of functional capacity of improvements according to market tastes and standards. (Dictionary, 6th Edition)
Functional Utility
The ability of a property or building to be useful and to perform the function for which it is intended according to current market tastes and standards; the efficiency of a building’s use in terms of architectural style, design and layout, traffic patterns, and the size and type of rooms. (Dictionary, 6th Edition) #3..
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Gross Building Area (GBA)
Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above-grade area. This includes mezzanines and basements if and when typically included in the region. (Dictionary, 6th Edition)
Gross Leasable Area (GLA)

1. Total floor area of a building, excluding unenclosed areas, measured from the exterior of the walls of the above grade area. This includes mezzanines and basements if and when typically included in the market area of the type of property involved.

2. Gross leasable area plus all common areas.

3. For residential space, the total area of all floor levels measured from the exterior of the walls and including the superstructure and substructure basement; typically does not include garage space. (Dictionary, 6th Edition)
Highest & Best Use

1. The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity.

2. The use of an asset that maximizes its potential and that is possible, legally permissible, and financially feasible. The highest and best use may be for continuation of an asset’s existing use or for some alternative use. This is determined by the use that a market participant would have in mind for the asset when formulating the price that it would be willing to bid. (IVS)

3. [The] highest and most profitable use for which the property is adaptable and needed or likely to be needed in the reasonably near future. (Uniform Appraisal Standards for Federal Land Acquisitions) (Dictionary, 6th Edition)
Highest and Best Use of Land or a Site as Though Vacant Among all reasonable, alternative uses, the use that yields the highest present land value, after payments are made for labor, capital, and coordination. The use of a property based on the assumption that the parcel of land is vacant or can be made vacant by demolishing any improvements. (Dictionary, 5th Edition) Highest and Best Use of Property as Improved
The use that should be made of a property as it exists. An existing improvement should be renovated or retained as is so long as it continues to contribute to the total market value of the property, or until the return from a new improvement would more than offset the cost of demolishing the existing building and constructing a new one. (Dictionary, 5th Edition)
Hypothetical Condition

1. A condition that is presumed to be true when it is known to be false. (SVP)

2. A condition, directly related to a specific assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment results, but is used for the purpose of analysis. Comment: Hypothetical conditions are contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data used in an analysis. (USPAP, 2020-2021 ed.)
(Dictionary, 6th Edition)
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ADDENDA (CONTINUED)
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Lease Types
Absolute Net Lease - A lease in which the tenant pays all expenses including structural maintenance, building reserves, and management; often a long-term lease to a credit tenant.

Gross Lease - A lease in which the landlord receives stipulated rent and is obligated to pay all of the property’s operating and fixed expenses; also called full-service lease.

Modified Gross Lease - A lease in which the landlord receives stipulated rent and is obligated to pay some, but not all, of the property’s operating and fixed expenses. Since assignment of expenses varies among modified gross leases, expense responsibility must always be specified. In some markets, a modified gross lease may be called a double net lease, net net lease, partial net lease, or semi-gross lease. (Dictionary, 6th Edition) Leased Fee Interest
The ownership interest held by the lessor, which includes the right to receive the contract rent specified in the lease plus the reversionary right when the lease expires. (Dictionary, 6th Edition) Market Area
The geographic region from which a majority of demand comes and in which the majority of competition is located. Depending on the market, a market area may be further subdivided into components such as primary, secondary, and tertiary market areas, or the competitive market area may be distinguished from the general market area. (Dictionary, 6th Edition)
Market Rent
The most probable rent that a property should bring in a competitive and open market reflecting the conditions and restrictions of a specified lease agreement, including the rental adjustment and revaluation, permitted uses, use restrictions, expense obligations, term, concessions, renewal and purchase options, and tenant improvements (TIs). (Dictionary, 6th Edition)
Market Value
A type of value that is the major focus of most real property appraisal assignments. Both economic and legal definitions of market value have been developed and refined, such as the following.

1. The most widely accepted components of market value are incorporated in the following definition:

The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress.

2. Market value is described, not defined, in the Uniform Standards of Professional Appraisal Practice (USPAP) as follows: A type of value, stated as an opinion, that presumes the transfer of a property (i.e., a right of ownership or a bundle of such rights), as of a certain date, under specific conditions set forth in the definition of the term identified by the appraiser as applicable in an appraisal. Comment: Forming an opinion of market value is the purpose of many real property appraisal assignments, particularly when the client’s intended use includes more than one intended user. The conditions included in market value definitions establish market perspectives for development of the opinion. These conditions may vary from definition to definition but generally fall into three categories:

1. the relationship, knowledge, and motivation of the parties (i.e., seller and buyer);

2. the terms of sale (e.g., cash, cash equivalent, or other terms); and #3..
- 124 -

ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 50

3. the conditions of sale (e.g., exposure in a competitive market for a reasonable time prior to sale).

Appraisers are cautioned to identify the exact definition of market value, and its authority, applicable in each appraisal completed for the purpose of market value. (USPAP, 2020-2021 ed.) USPAP also requires that certain items be included in every appraisal report. Among these items, the following are directly related to the definition of market value:
• Identification of the specific property rights to be appraised. • Statement of the effective date of the value opinion. • Specification as to whether cash, terms equivalent to cash, or other precisely described financing terms are assumed as the basis of the appraisal. • If the appraisal is conditioned upon financing or other terms, specification as to whether the financing or terms are at, below, or above market interest rates and/or contain unusual conditions or incentives. The terms of above- or below-market interest rates and/or other special incentives must be clearly set forth; their contribution to, or negative influence on, value must be described and estimated; and the market data supporting the opinion of value must be described and explained.

3. The following definition of market value is used by agencies that regulate federally insured financial institutions in the United States: The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby:
• Buyer and seller are typically motivated;
• Both parties are well informed or well advised, and acting in what they consider their best interests; • A reasonable time is allowed for exposure in the open market; • Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and
• The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. (12 C.F.R. Part 34.42(g); 55 Federal Register 34696, August 24, 1990, as amended at 57 Federal Register 12202, April 9, 1992; 59 Federal Register 29499, June 7, 1994)

4. The International Valuation Standards Council defines market value for the purpose of international standards as follows: The estimated amount for which an asset or liability should exchange on the valuation date between a willing buyer and a willing seller in an arm’s length transaction, after proper marketing and where the parties had each acted knowledgeably, prudently and without compulsion. (IVS)

5. The Uniform Standards for Federal Land Acquisitions defines market value as follows: Market value is the amount in cash, or on terms reasonably equivalent to cash, for which in all probability the property would have sold on the effective date of the appraisal, after a reasonable exposure time on the open competitive market, from a willing and reasonably knowledgeable seller to a willing and reasonably knowledgeable buyer, with neither acting under any compulsion to buy or sell, giving due consideration to all available economic uses of the property at the time of the appraisal. (Uniform Appraisal Standards for Federal Land Acquisitions) (Dictionary, 6th Edition) #3..
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ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 51
Marketing Time
An opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal. Marketing time differs from exposure time, which is always presumed to precede the effective date of an appraisal. (Advisory Opinion 7 of the Appraisal Standards Board of The Appraisal Foundation and Statement on Appraisal Standards No. 6, “Reasonable Exposure Time in Real Property and Personal Property Market Value Opinion” address the determination of reasonable exposure and marketing time.) (Dictionary, 6th Edition) Net Operating Income (NOI)
The actual or anticipated net income that remains after all operating expenses are deducted from effective gross income but before mortgage debt service and book depreciation are deducted. Note: This definition mirrors the convention used in corporate finance and business valuation for EBITDA (earnings before interest, taxes, depreciation, and amortization). (Dictionary, 6th Edition) Obsolescence
One cause of depreciation; an impairment of desirability and usefulness caused by new inventions, changes in design, improved processes for production, or external factors that make a property less desirable and valuable for a continued use; may be either functional or external. (Dictionary, 6th Edition) Parking Ratio
A ratio of parking area or parking spaces to an economic or physical unit of comparison. Minimum required parking ratios for various land uses are often stated in zoning ordinances. (Dictionary, 6th Edition) Rentable Area
For office or retail buildings, the tenant’s pro rata portion of the entire office floor, excluding elements of the building that penetrate through the floor to the areas below. The rentable area of a floor is computed by measuring to the inside finished surface of the dominant portion of the permanent building walls, excluding any major vertical penetrations of the floor. Alternatively, the amount of space on which the rent is based; calculated according to local practice.
(Dictionary, 6th Edition)
Replacement Cost
The estimated cost to construct, at current prices as of a specific date, a substitute for a building or other improvements, using modern materials and current standards, design, and layout. (Dictionary, 6th Edition) Scope of Work

1. The type of data and the extent of research and analyses. (SVP)

2. The type and extent of research and analyses in an appraisal or appraisal review assignment. (USPAP, 2020- 2021 ed.) (Dictionary, 6th Edition)
Stabilized Occupancy

1. The occupancy of a property that would be expected at a particular point in time, considering its relative competitive strength and supply and demand conditions at the time, and presuming it is priced at market rent and has had reasonable market exposure. A property is at stabilized occupancy when it is capturing its appropriate share of market demand.

2. An expression of the average or typical occupancy that would be expected for a property over a specified projection period or over its economic life. (Dictionary, 6th Edition) #3..
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ADDENDA (CONTINUED)
1500 Robertson Dr, Modesto, California 95351
March 21, 2022
MANN & ASSOCIATES 52
Tenant Improvements (TIs)

1. Fixed improvements to the land or structures installed for use by a lessee.

2. The original installation of finished tenant space in a construction project; subject to periodic change for succeeding tenants. (Dictionary, 6th Edition)
Vacancy and Collection Loss
A deduction from potential gross income (PGI) made to reflect income reductions due to vacancies, tenant turnover, and nonpayment of rent; also called vacancy and credit loss or vacancy and contingency loss. (Dictionary, 6th Edition)

END OF APPRAISAL REPORT
#3..
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CITY OF MODESTO

SAFETY AND COMMUNITIES

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 10, 2023
Date: March 13, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Laurie A. Smith, Director of Parks, Recreation and Neighborhoods Department SUBJECT: First Amendment to the Robertson Road Park Metro PCS, California, LLC Cell Tower Site Lease Agreement
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving a First Amendment to the Cell Tower Site Lease Agreement at Robertson Road Park with MetroPCS California, LLC, (MetroPCS) to extend the maximum term of the Agreement through July 31, 2052 and forwarding to Council for approval. (Funding Source: Cell Tower Facility Rental Revenue)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2020-2025 Strategic Plan Areas of Focus: Quality of Life and Governance and Service Delivery
BACKGROUND:

The City of Modesto partners with various cellular communication service providers by leasing city property for the placement and use of cell towers. These partnerships are a benefit to the residents of the City of Modesto by improving cellular service coverage throughout Modesto, improving coverage for the Federal Communications Commission mandated E9111 Services, and also providing annual revenue to the City of Modesto to maintain the City park system.

On March 6, 2012, by Resolution No. 2012-78, Council approved a 5-year lease agreement with MetroPCS California, LLC, for approximately 450 square feet of ground space at Robertson 1 According to the Federal Communications Commission, “The FCC also requires wireless telephone carriers to provide 911 and E911 capability, where a Public Safety Answering Point (PSAP) requests it. Once it is implemented fully, wireless E911 will provide an accurate location for 911 calls from wireless phones.” - https://www.fcc.gov/general/9-1-1-and-e9-1-1-services
#4..
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Safety and Communities Committee, April 10, 2023
First Amendment to the Robertson Road Park Metro PCS, California, LLC Cell Tower Site Lease Agreement

Road Park for the construction of the communication facilities. This agreement included three (3) extensions of five (5) years each, expiring July 31, 2032.

In December 2022, MetroPCS notified the City of their interest in amending the existing lease agreement to provide long-term site security.

DISCUSSION:

In order to provide long-term security, the cell tower owner at Robertson Road Park, MetroPCS, requests that the City provide a long-term extension to this contract. This extension will give MetroPCS assurance that their large capital investment of costly communication equipment will be secure well beyond the current agreement’s expiration date. Additionally, this amendment will also provide some stability of a site that provides E911 services for the citizens of Modesto.

Finally, this amendment will provide a fixed revenue source to the City for the next 29 years.

Included in Amendment No. 1 to Site Lease Agreement (attached) are the following notable changes:
1) Term extension: Four (4) additional, five (5) year renewal terms which would extend the final contract expiration term until July 31, 2052.
2) Rent escalation: effective July 16, 2023, the rent will increase at a rate of 3% each year thereafter.

Visually, there is no major impact expected to the proximity of the park as a result of this amendment. MetroPCS has performed well in partnership with the City and surrounding community by maintaining the site and there have been no recorded maintenance complaints regarding this site.

FISCAL IMPACT:

The current monthly rental rate is set at $2,419.05. MetroPCS has indicated that this rental rate is not sustainable for them long term and they requested a monthly rate decrease in order to continue a cell tower site at this location for an additional 20 years. By providing this extension, this also provides an extended partnership that benefits the City and community as stated above.

In order to secure this site long term, staff has negotiated a monthly rental rate of $2,000 ($24,000 annually), effective May 16, 2023. This rate will increase 3% each year, beginning July 16, 2023. If approved, this amendment will provide approximately $1,117,810 in revenue to the City of over the life of the lease, if MetroPCS exercises all extension options.

Revenue Projection for the current cell tower lease agreement:

Parks Operations and Maintenance (90%) $ 373,377
Administration and Contract Support (10%) $ 30,375
Total Estimated Revenue during 9-year contract term $ 403,752 Revenue Projection if this first amendment is approved:

Parks Operations and Maintenance (90%) $ 1,006,029
Administration and Contract Support (10%) $ 111,781
Total Estimated Revenue during 29-year contract term $ 1,117,810 #4..
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Safety and Communities Committee, April 10, 2023
First Amendment to the Robertson Road Park Metro PCS, California, LLC Cell Tower Site Lease Agreement

Based on the revenue projections represented in the above table, this first amendment will result in additional revenue to the City in the amount of $714,058.

Ten percent (10%) of the monthly revenue will be deposited into the Parks, Recreation and Neighborhoods Department’s Parks Planning and Development Division’s revenue account # 0100-32020-46002 for administration, and the remaining 90% of the revenue will be deposited into the Park Operations and Maintenance Division Revenue Account # 0100-35220-43690 and will offset the General Fund expense of parks maintenance.

No budget adjustment is required at this time. Staff will budget the estimated cell tower revenue to the operating budget during the annual budget process.

CEQA/NEPA REQUIREMENTS:

The approval of this agreement is exempt from CEQA because it is an administrative action.

RECOMMENDED COMMITTEE ACTION:

Motion approving a First Amendment to the Cell Tower Site Lease Agreement at Robertson Road Park with MetroPCS California, LLC, (MetroPCS) to extend the maximum term of the Agreement through July 31, 2052, and forwarding to Council for approval.

Approved by:

Laurie A Smith, Director of Parks, Recreation and
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. First Amendment to the MetroPCS Cell Site Lease Agreement at Robertson Road Park

2. Original MetroPCS Cell Site Lease Agreement at Robertson Road Park #4..
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1 TMO Site ID: SC90498M 5/21/2021
TMO Lease ID: 143878

FIRST AMENDMENT TO SITE LEASE AGREEMENT
This First Amendment to Site Lease Agreement (the “First Amendment”) is effective as of the last signature below (the “Effective Date”) by and between City of Modesto, a municipal corporation of the State of California (“Landlord”), and MetroPCS California, LLC, a Delaware limited liability company (“Tenant”) (each a “Party”, or collectively, the “Parties”).

Landlord and Tenant entered into that certain Site Lease Agreement dated March 6, 2012 (the “Agreement”) regarding the leased premises (“Premises”) located at 1001 Hammond St., Modesto, CA 95351 (the “Property”).

For good and valuable consideration, Landlord and Tenant agree as follows:

1. Notwithstanding anything to the contrary in the Agreement, starting on May 16, 2023, (the “Revised Rent Date”), Tenant shall pay Landlord Two Thousand and No/100 Dollars ($2,000.00) per month as Rent, partial calendar months to be prorated in advance, by the fifth (5th) day of each calendar month.

The Rent will escalate by three percent (3%) of the Rent payable during the previous year on July 16, 2023 and on each anniversary thereafter. Where duplicate Rent would occur, a credit shall be taken by Tenant for any prepayment of Rent by Tenant.

2. The Parties desire to provide Tenant with the option to extend the term of the Agreement by up to four (4) additional five (5) year terms. The second sentence of Paragraph 2 of the Agreement, “Lease Term”, is amended in its entirety to read as follows:
“Tenant shall have an option to extend the Agreement forseven (7) five (5) year terms ("Renewal Terms").”

3. All notices, requests, demands and other communications shall be in writing and shall be deemed to have been delivered upon receipt or refusal to accept delivery, and are effective only when deposited into the U.S. certified mail, return receipt requested, or when sent via a nationally recognized courier to the addresses set forth below. Landlord or Tenant may from time to time designate any other address for this purpose by providing written notice to the other Party.

If to Tenant:

T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ SC90498M
If to Landlord:

City of Modesto
Parks, Recreation and Neighborhoods Dept.

P.O. Box 642
Modesto, California 95353
Attn: Director of PRND
#4..
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2 TMO Site ID: SC90498M 5/21/2021
TMO Lease ID: 143878

4. Except as expressly set forth in this First Amendment, the Agreement otherwise is unmodified. To the extent any provision contained in this First Amendment conflicts with the terms of the Agreement, the terms and provisions of this First Amendment shall control. Each reference in the Agreement to itself shall be deemed also to refer to this First Amendment.

5. This First Amendment may be executed in duplicate counterparts, each of which will be deemed an original. Signed electronic, scanned, or facsimile copies of this First Amendment will legally bind the Parties to the same extent as originals.

6. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and perform its respective obligations under this First Amendment.

Landlord represents and warrants to Tenant that the consent or approval of a third party has either been obtained or is not required with respect to the execution of this First Amendment. If Landlord or Tenant is represented by any property manager, broker or any other leasing agent (“Agent”), then the Party retaining such property manager, broker or other leasing agent shall be solely responsible for all commission, fees or other payment to Agent without contribution from the other.

7. This First Amendment will be binding on and inure to the benefit of the Parties herein, their heirs, executors, administrators, successors-in-interest and assigns.

SIGNATURES ON FOLLOWING PAGE
#4..
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3 TMO Site ID: SC90498M 5/21/2021
TMO Lease ID: 143878
IN WITNESS, the Parties execute this First Amendment as of the Effective Date.

LANDLORD:

City of Modesto,
a municipal corporation of the State of
California
By:

Print Name:

Title:

Date:

TENANT:

MetroPCS California, LLC,
a Delaware limited liability company
By:

Print Name: __________________________
Title: ________________________________
Date:
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CITY OF MODESTO

SAFETY AND COMMUNITIES

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 10, 2023
Date: March 31, 2023
TO: Safety and Communities Committee
Chris Ricci, Chair
Rosa Escutia-Braaton, Vice-Chair
Jeremiah Williams, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Brandon Gillespie, Chief of Police
SUBJECT: Annual Military Equipment Report per CA Assembly Bill No. 481 CONTACT: Jason Grogan, Captain, [email protected], 209-572-9500 DESCRIPTION:

Consider accepting the Modesto Police Department’s annual Military Equipment report, renewing Ordinance No. 3745-C.S. which authorizes the department’s Military Equipment Use Policy (Policy 710), authorizing the purchase of additional equipment that qualifies as “military equipment”, and forwarding to Council for approval. (Funding Source: General Fund, Supplemental Law Enforcement Services Fund, Asset Forfeiture Funds, and/or Police Grant Funds)
STRATEGIC PLAN ELEMENT:

This item is related to the 2020-2025 Strategic Plan goal of improving community safety and promoting trust and transparency with the Citizens on Modesto.

BACKGROUND:

On May 3, 2022, by Ordinance No. 3745-C.S., Council approved the Modesto Police Department’s (MPD) Military Equipment Use Policy (MPD Policy 710) per Assembly Bill 481 (AB481)1. Policy 710 requires the Modesto Police Department to submit an annual military equipment report to the City Council. The Modesto Police Department is submitting the annual military equipment report for review to ensure compliance with the Policy and requests City council consideration to renew the ordinance as required by AB481.

Per AB481, Ordinance No. 3745-C.S., is subject to annual City Council review to determine the standards set forth in the ordinance have been met, based on an annual military equipment report.

The City Council may renew the ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment 1 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB481 #5..
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Safety and Communities Committee, April 10, 2023
Annual Military Equipment Report per CA Assembly Bill No. 481

use policy to address any non-compliance with standards. Finally, AB481 requires publication of the military equipment use policy and the annual military equipment report on the Department’s website.

Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to AB481, the law enforcement agency shall hold at least one, well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. This will be held on April 22, 2023, from 11 a.m. to 1 p.m.at the Modesto Police Department located at 600 10th Street, Modesto. The meeting will also be streamed live on the Modesto Police Department’s Facebook account.

In addition to maintaining the highest levels of public safety, the Modesto Police Department is committed to transparency, public trust, community partnerships, and compliance with the law.

As such, the Modesto Police Department has authored the attached 2023 Military Equipment Report in accordance with annual reporting requirements set forth in AB481. This report covers the usage and reporting requirements for the previous calendar year (2022).

DISCUSSION:

There is significant interest in ensuring that law enforcement continues to have access to equipment that will provide peace officers with as many options as possible to safeguard lives, ensure safety, and protect civil liberties. The equipment, resources, and training outlined in the report allow Modesto Police Officers to better protect our community, enhance the safety of the public and officers, and bring critical incidents to a safe resolution.

The Modesto Police Department seeks renewal of the ordinance authorizing MPD’s Military Equipment Use Policy (Policy 710), as per CA Assembly Bill No. 481. This annual report outlines each item identified in Government Code section 70702, that is currently owned by MPD and the City of Modesto.

Staff has reviewed the equipment needs for the Police Department and determined there is a need to purchase more items that fall under the Military Equipment Use Policy. These items are outlined in the Fiscal Impact section below and are listed in greater detail in Attachment B – Request to Purchase Equipment 2023.

FISCAL IMPACT:

As noted above, the Department has determined there is a need to purchase items in the coming year that fall under the Military Use Policy and Ordinance No. 3745-C.S. The chart below outlines the items, the categories under which they fall, and the estimated cost. If approved, Asset Forfeiture and SLESF funds (Supplemental Law Enforcement Services Fund) will be used to purchase the additional unmanned aerial vehicles (UAV), panel van and needed equipment for a UAV mobile Command Post. In addition, there is a need to re-stock the supply of distraction devices and less-lethal munitions which will be expended from the Police Department’s Fiscal Year (FY) 22/23 and FY 23/24 operating budget.
2 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=7.&title=1.&part=&cha pter=12.8.&article=
#5..
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Safety and Communities Committee, April 10, 2023
Annual Military Equipment Report per CA Assembly Bill No. 481

Category Item Name Purpose Qty. Estimated
Cost
Category 1:

Unmanned
Aerial Vehicles
(UAV)
DJI Mavic 3
Enterprise –
replaces current
mid-size UAVs that
are "end of life"
3 $20,460
DJI Mini 3 Pro –
replaces outdated
UAVs and is a quick
response UAV that
can get into places
traditional UAVs
cannot
2 $2,500
DJI Matrice 30T –
replaces
outdated/damaged
UAVs and is a
higher resolution
camera, has
increased flight
time, thermal
camera and
improved collision
prevention system.

UAVs are deployed when
their use would assist
officers or Incident
Commanders with the
following situations: major
collision investigations,
search for missing
persons, search and
rescue operations, crowd
control situations,
perimeter
searches/security, nature
disaster management,
crime scene
investigations/photography,
life preservation missions,
requests from partner
agencies, etc.
2 $28,744
Category 5:

Mobile Incident
Command Post
Vehicles (Mobile
CP)
UAV Command
Vehicle - used
panel van and all
needed equipment
to include 2 police
radios, a mobile
data computer
(MDC), 4 television
monitors, a
computer, cradle
points, workbench
system, chairs,
HDMI cables, etc.

To be used based on the
specific circumstances of a
given critical incident, large
event, natural disaster,
community event or for
crime scene management.

This is a smaller command
post can be housed at the
MPD, providing a quicker
response on critical
incidents where UAVs will
be required.
1 $90,000
Category 12:

Flash Bangs,
Tear Gas,
Pepper Balls
7290 Mini
Flashbang – need
to restock current
stock
For use during SWAT
missions and training.

Flashbangs are a
distraction device used to
distract dangerous subjects
during hostage rescues,
room entries and other
high-risk situations
24 $1,400
5230 CTS CS Gas
Canister – need to
For use during SWAT
missions and training.

Designed to limit the
40 $2,000
#5..
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Safety and Communities Committee, April 10, 2023
Annual Military Equipment Report per CA Assembly Bill No. 481

replenish current
stock
escalation of conflict and
improve officer safety in
high-risk situations.
5230 CTS CS
Smoke Canister –
needed to replenish
current stock
For use during SWAT
missions and training.

Large diameter canisters
that discharge a volume of
smoke through multiple
emission ports. Can be
thrown or deployed farther
with a launching delivery
system.
12 $444
Category 14:

Projectile
Launch
Munitions and
Platforms
4557 CTS 40MM
Foam Baton (a.k.a.
beanbag shotgun) –
needed to replenish
current stock from
use during Mobile
Field Force, SWAT
mission, and
training.

Less lethal munitions
designed to limit the
escalation of conflict.
50 $1,250
Estimated Total $146,798
RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion accepting the Modesto Police Department’s annual Military Equipment report, renewing Ordinance No. 3745-C.S. which authorizes the department’s Military Equipment Use Policy (Policy 710), authorizing the purchase of additional equipment that qualifies as “military equipment”, and forwarding to Council for approval.

Approved by:

Brandon Gillespie, Chief of Police
Joseph P. Lopez, City Manager
Attachments:

1. Ordinance No. 3745-C.S.

2. 2022 Military Equipment Use Report

3. MPD Policy 710- Military Equipment Use

4. Attachment A – Policy 710- Military Equipment Inventory

5. Attachment B – Equipment Requested to Purchase
#5..
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- 1 - ORDINANCE NO. 3745-C.S.

EFFECTIVE DATE: June 9, 2022
ORDINANCE NO. 3745-C.S.

ORDINANCE APPROVING THE MODESTO POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY 710
WHEREAS, the Modesto Police Department is committed to using the most up-to-date tools and equipment to safeguard the residents of Modesto; and WHEREAS, Assembly Bill 481 (AB 481), codified at Government Code sections 7070 through 7075 requires a law enforcement agency to obtain approval from the applicable governing body, via adoption of a “military equipment” use policy by ordinance, prior to funding, acquiring, or using military equipment; and
WHEREAS, items deemed to be “military equipment” by AB 481 are used as a component of overall best practices for law enforcement agencies (LEAs) throughout the country; and WHEREAS, the term “military equipment”, as used in AB 481, in fact does not necessarily indicate equipment that has been used by the military; and WHEREAS, pursuant to AB 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, and flashbangs; and
WHEREAS, these items provide peace officers with the ability to safely resolve volatile situations which otherwise might rise to the level of a lethal force encounter; and WHEREAS, this policy outlines each item identified in Government Code section 7070, that is currently owned by MPD and the City of Modesto and also includes the current use and cost of each item; and
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EFFECTIVE DATE: June 9, 2022
WHEREAS, these particular items have been in place prior to the implementation of AB 481 and any future acquisitions of any item deemed to be “military equipment” will require policy update and Council approval.

NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:

SECTION 1. FINDINGS
The City Council of the City of Modesto finds that all of the above Recitals and within this Ordinance are true and correct and incorporated herein by reference. The City Council hereby approves the Modesto Police Department Military Equipment Use Policy 710, attached hereto.

SECTION 2. SEVERABILITY.

If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application any other person or circumstance. The City Council or the City of Modesto hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of this Ordinance be declared invalid, unenforceable or unconstitutional.

SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) The City Council hereby finds that the adoption of this Ordinance is exempt from CEQA pursuant to CEQA Guidelines section 15061(b)(3) of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new structures or other physical changes to the environment.

SECTION 4. EFFECTIVE DATE.
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EFFECTIVE DATE: June 9, 2022
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.

SECTION 5. PUBLICATION.

At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted. #5..
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The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 3
rd day of May, 2022, by Councilmember Wright, who moved its introduction and passage to print, which motion being duly seconded by Mayor Zwahlen, was upon roll call carried and ordered printed and published by the following vote:

AYES: Council Members: Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen NOES: Council Members: None
ABSENT: Council Members: Escutia-Braaton
APPROVED:

SUE ZWAHLEN, Mayor
EST:

BY:

DIANE NAYJRES-PfflpZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

SE M/S
^
NCHEZ, City-Attorney
ORDINANCE NO. 3745-C.S.

EFFECTIVE DATE: June 9, 2022
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FINAL ADOPTION CLAUSE
The foregoing ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 10th day of May, 2022, Councilmember Kenoyer moved its final adoption, which motion being duly seconded by Councilmember Wright, was upon roll call carried and the ordinance adopted by the following vote:

Council Members: Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
AYES:

NOES: Council Members: None
ABSENT: Council Members: None
APPROVED:

SUE ZWAHLEN, MAYOR
ATTEST:

DIANE NAYApS-PEREZ, City Clerk
Effective Date: June 9, 2022
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EFFECTIVE DATE: June 9, 2022
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Modesto Police Department 2022 Military Equipment Use Report 1 2022 Military Equipment
Use Report
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Modesto Police Department 2022 Military Equipment Use Report 2 Contents
Preface…………………………………………………………………………………………………………. 3
Summary of AB481………………………………………………………………………………………. 4
Introduction…………………………………………………………………………………………………. 6
Definitions……………………………………………………………………………………………………. 7
Summary of Military Equipment………………………………………………………………….. 10 Unmanned Vehicles (UAVs and Robots) ……………………………………………… 10 Armored Vehicles………………………………………………………………………………… 13
Command Post Vehicles……………………………………………………………………….. 14
Firearms……………………………………………………………………………………………….. 16
Flashbangs and Chemical Agents…………………………………………………………… 17 Projectile Launch Munitions and devices………………………………………………. 20 Equipment usage in 2022………………………………………………………………………………… 23 Purchase of Equipment……………………………………………………………………………………. 27 Complaints ……………………………………………………………………………………………………… 28
Policy violations………………………………………………………………………………………………. 29 Conclusion………………………………………………………………………………………………………. 30
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Modesto Police Department 2022 Military Equipment Use Report 3 Preface
The Modesto Police Department is committed to maintaining public safety by providing the highest quality police services to the community we serve. Our Department goal is to reduce crime and the fear of crime.

The equipment listed in this annual report are essential tools that may be required from time to time to aid in deescalating intense situations or bringing volatile conditions and critical incidents to a safe resolution. The mere possession of this equipment does not warrant its use in every circumstance. With this indispensable equipment, the brave men and women of the Modesto Police Department continue to stand ready to accomplish our mission of driving the crime rate down and improving the quality of life in the City of Modesto.
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Modesto Police Department 2022 Military Equipment Use Report 4 Summary:

On September 30, 2021, the Governor of the State of California approved AB-481 requiring law enforcement agencies to obtain approval of the applicable governing body, City Council, by adoption of a military equipment use policy. The Modesto Department was required to seek City Council approval of their military equipment use policy by ordinance at a regular open meeting prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards.

The ordinance is subject to annual City Council review to determine whether, based on an annual military equipment report, the standards set forth in the approving ordinance have been met. The City Council may renew the authorizing ordinance, disapprove authorization for particular military equipment where standards have not been met, or require modifications to the military equipment use policy to address any non-compliance with standards. Finally, the bill requires publication of the military equipment use policy and the annual military equipment report on the Department’s website.

AB-481, Section 7072 states the following: (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.

Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which #5..
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Modesto Police Department 2022 Military Equipment Use Report 5 the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.

In addition to maintaining the highest levels of public safety, the Modesto Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. As such, the Modesto Police Department has authored the following 2023 Annual Military Equipment Report in accordance with annual reporting requirements set forth in AB-481. This report covers the usage and reporting requirements for the proceeding Calendar year (2022)
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Modesto Police Department 2022 Military Equipment Use Report 6 Introduction:

The Modesto Police Department retains and employs a wide variety of defined military equipment to assist in safely achieving its mission statement of driving the crime rate down and improving the quality of life in the City of Modesto. While the inventory of military equipment is varied, the mere possession of the equipment does not warrant its use for every incident. The Modesto Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner.

The use of military equipment is restricted for use only in certain instances and in some cases only by certain units. While the military equipment policy is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize defined military equipment to be used in a manner not outlined within Department policy. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used. It is incumbent upon incident commanders, supervisors, individual officers, and specific units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers, and to bring a critical incident to a safe resolution. This Annual Military Equipment Report outlines a summary of military equipment usage guidelines, inventory, fiscal impact, and complaints for 2022. #5..
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Modesto Police Department 2022 Military Equipment Use Report 7 Definitions:

Pursuant to AB-481, the following definitions are applicable only to the Department’s current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a more detailed list, refer to Government Code section 7070, for “military equipment” as defined within the Assembly Bill.) “Governing body” means the City Council and Mayor.
“Military equipment” means the following:

1. Unmanned, remotely piloted, powered aerial or ground vehicles. This definition applies to the Department’s inventory of small Unmanned Aerial Vehicles (UAVs) and SWAT robots.

2. Armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this definition.

3. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

4. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition.

5. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this definition.

6. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this definition. #5..
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Modesto Police Department 2022 Military Equipment Use Report 8 7. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members.

8. Any firearm or firearm accessory that is designed to launch explosive projectiles.

9. “Flashbang” devices and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld OC. This definition applies to all of the Department’s inventory of flashbangs, pepper ball launchers and related ammunition. Additionally, this definition applies to all of the Department’s inventory of various chemical agents and chemical agent delivery systems maintained by the SWAT Unit.

10. The following projectile launch platforms and their associated munitions:
40mm projectile launchers, “bean bags,” and rubber bullets. This definition applies to all of the Department’s inventory of 40 mm projectile launchers to include 40 mm multi-launchers and bean bag shotguns and associated munitions.

11. “Military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency. “Military equipment use policy” refers to the Modesto Police Department Policy 710 and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

2. The purposes and authorized uses for which the Department proposes to use each type of military equipment.
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Modesto Police Department 2022 Military Equipment Use Report 9 3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner.
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Modesto Police Department 2022 Military Equipment Use Report 10 Summary of Military Equipment:

The inventory of military equipment, particularly consumable material (ammunition, diversionary devices, etc.) fluctuates regularly. This is based on a variety of factors including but not limited to operational usage, operational deterioration, training, maintenance, and expiration and replenishment guidelines. The Modesto Department is committed to transparency in disclosing its military equipment inventory and related information to our community and elected officials in compliance with the law.

The Department strives its utmost to provide the most accurate military equipment inventory and information at the time of this report’s publication.

The following are the various types, descriptions, and guidelines for usage of military equipment currently employed by Modesto Police Department:

Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

1. DJI 200 V2 with Zenmuse XT2 Thermal Camera, Cost: $15,000 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

2. DJI 200 V1 with Zenmuse Z30 Zoom Camera, Cost: $16,000 Quantity: 1 Remotely operated aerial vehicle that has video recording capabilities and 27 minutes of flight time

3. DJI Mavic2 Thermal, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

4. DJI Mavic 2 Zoom, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and capabilities and 25-30 minutes of flight time
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Modesto Police Department 2022 Military Equipment Use Report 11 5. DJI Phantom 4 with Zenmuse XT Thermal Camera and Z3 Zoom Camera, Cost: $2,500 Quantity: 4 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

6. DJI Inspire with Zenmuse XT Thermal Camera and Z3 zoom camera, Cost:
$8,500 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

7. DJI Mavic Platinum, Cost: $6,500 Quantity: 1 Remotely operated aerial vehicle that has built in video recording and Thermal imaging capabilities.

This UAV is issued to Modesto FD for search and rescue missions b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 1-3 years
e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
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Modesto Police Department 2022 Military Equipment Use Report 12 f. Training: all UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

Robots: A remotely controlled unmanned ground vehicle, which is used to enhance the safety of officers and the community.
a. Description, quantity, capabilities and purchase cost of current robots.

1. Robotex A00476 Quantity:1 Cost: $20,000 The Robotex Tactical robot enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations. There is no longer a need to send personnel in before there has been a chance to assess the situation. The robot can navigate various terrain including stairs, grass and clothing. It has two-way audio and video recording capabilities and is remotely operated.

2. iRobot BB2590 Quantity:1 Cost: $0 obtained from Government surplus program (LESO). This robot is a multi-mission Tactical robot used to carry out dangerous missions in high threat incidents and is remotely operated.
b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings. c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Robots shall only be used by officers #5..
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Modesto Police Department 2022 Military Equipment Use Report 13 trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $3,000
f. Training: all operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law.

Armored vehicles: Commercially produced wheeled Armored Personnel vehicles utilized for law enforcement purposes.
a. Description, quantity, capabilities and purchase cost of current armored vehicles.

1. 2004 LenCo Bear cost: $300,000. The LenCo Bear is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

2. Peacekeeper Protected Response Vehicle (PRV). Quantity:2 Cost: $0.

Both vehicles obtained from Government surplus program (LESO). The primary use of these two vehicles are to act as overt surveillance stations (Armadillo Program) in areas experiencing quality of life issues or high crimes. The video camera equipment can capture criminal activity as well as help identify those involved in crime. In emergency situations #5..
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Modesto Police Department 2022 Military Equipment Use Report 14 Peacekeeper vehicles can seat 6-10 people. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

B. Purpose: Armored vehicles are to be used in response to Critical Incidents to enhance officer and community safety, improve scene containment and stabilization and assist in resolving critical incidents C. Authorized use: The use of Armored vehicles shall only be authorized by a Watch Commander, a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.

D. Expected life span: All Armored vehicles, 20 years
E. Fiscal impact: Annual maintenance costs are projected to be approximately $20,000
F. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction.

G. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy 707 (Armored vehicles). It is the policy of the Modesto Police Department (MPD) to utilize armored vehicles only for official law enforcement purposes and in a manner pursuant to state and federal law.

Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. #5..
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Modesto Police Department 2022 Military Equipment Use Report 15 a. Description, quantity, capabilities and purchase cost of current CP vehicles.

1. 2000 Eagle 5th wheel trailer Cost: $40,000 This trailer is used for a mobile office command Center by both the Modesto Police and Fire Departments that provides shelter, access to department computer and communication systems and restroom facilities during extended events.

This vehicle is marked with the words, Modesto Police Department Command Post and is separated into three areas. The areas include a conference area with white boards and tables, a communications area with radios and computer capabilities and a private interviewing area.

2. 2001 Ford F550 truck Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management.
c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000
f. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
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Modesto Police Department 2022 Military Equipment Use Report 16 g. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

M16A1 Select Fire Rifles: These rifles are used for training purposes only. When used for training these rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles.
a. Description, quantity, capabilities and purchase cost:

1. M16A1select fire rifles. Cost: $0, Quantity:52 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles. b. Purpose: These rifles are for training purposes ONLY by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
c. Authorized use: These rifles are for training purposes by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
d. Expected life span: 40 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $500
f. Training: Personnel using these for training have either attended MPD’s POST certified 40-hour Urban Rifle course or the POST certified SWAT Basic course #5..
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Modesto Police Department 2022 Military Equipment Use Report 17 g. Legal procedure rules: use is established under Department policy 312 (Firearms). It is the policy of the Modesto Police Department (MPD) to utilize the M16A1 rifle only for official law enforcement purposes and in a manner pursuant to state and federal law.

Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant
a. Description, quantity, capabilities and purchase cost.

1. Pepper ball FTC Launchers. Cost: $600 each, Quantity: 5, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

2. Pepper ball Tippman Carbine Launchers. Cost: $200 each, Quantity:
2, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

3. Pepper ball LIVE projectile, Cost: $2 per projectile Quantity: 3000. The basic pepper ball projectile contains 2% PAVA pepper powder and are designed for direct impact and area saturation, especially in confined interior spaces. the projectile is a non-lethal chemical irritant.

4. Combined Tactical Systems (CTS) 7290 Mini Flashbang, Cost: $40 each, Quantity: 44 These are non-bursting, non-fragmenting devices that produce a thunderous bang with intense bright light. They are ideal for distracting dangerous subjects in high risk situations. #5..
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Modesto Police Department 2022 Military Equipment Use Report 18 5. Combined Tactical Systems (CTS)5230 CS Gas Canister Cost: $50 each, Quantity: 24, Large diameter canisters that discharge a high volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.

6. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferret rounds. Cost: $25 Each, Quantity: 87, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.

7. Defense Technology 40mm warning/signaling munition #6029WS Cost $45 each, Quantity: 15. These are 40mm launched
warning/signaling munitions that deliver 170 dB of sound and bright light

8. CTS 40 MM Aerial Warning Signal Flashbang #4090, Cost: $40 each Quantity: 8 These are 40mm launched warning/signaling munitions that deliver intense sound and bright light and are fired above a crowd during a riot/Civil disorder situation.

9. CTS #4233 40 mm Riot CS Smoke canisters Cost: $45 each Quantity:
38 These are 40mm launched CS smoke munitions that emit CS Chemical irritant and smoke during a riot/Civil disorder situation.

10.CTS #6210 White Smoke Canister Cost: $35 each, Quantity:18 These white smoke canisters are used for obstructing tactical movement and for signaling and marking a landing zone during any air operations. These are thrown manually

11.CTS #6340 OC Aerosol Canisters Cost: $45 each, Quantity:14 These canisters deliver an invisible OC (Chemical irritant) and renders a #5..
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Modesto Police Department 2022 Military Equipment Use Report 19 Temporary respiratory effect on non-complaint subjects. These are thrown manually
b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations. They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high risk situations. Situations for use of Chemical agent systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers: 20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years
e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $2,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and #5..
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Modesto Police Department 2022 Military Equipment Use Report 20 who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training. g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
a. Description, quantity, capabilities and purchase cost.

1. Remington 870 Less Lethal Shotgun, Cost: $600 each, Quantity: 37, The Remington 870 Less Lethal Shotgun is designated as such with High Visibility Bright Orange Stocks and Foregrips. They are used to deploy the Less Lethal Super-Sock Impact rounds up to a distance of 75 feet.

The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

2. 12 Gauge Super-sock Bean Bag Impact round, Cost: $5 per round, Quantity:350. These rounds are a 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second. These are considered impact weapons and provide accurate and effective performance when fired from the approved distance of not less than 5 feet. Effectiveness depends on many variables such as distance, clothing, stature and the area the projectile impacts.

3. Defense technology 40mm Single shot launcher Cost: $1000 each, Quantity: 2, The 40mm Single Shot Launcher is a tactical launcher. It will #5..
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Modesto Police Department 2022 Military Equipment Use Report 21 fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

4. LMT 40mm Single shot launcher Cost: $1000 each, Quantity: 4, The 40mm LMT Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

5. CTS 40MM foam baton munition #4557 Cost $35 each, Quantity 19:

These munitions are a 40mm launched, spin stabilized less lethal direct impact munition.

6. 40 MM Bean Bag Rounds Cost: $25 each, Quantity: 3, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.

7. Safariland 40 MM Rubber Baton#6064 Cost: $25 each, Quantity: 6, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.

8. Defense technology 40mm Stinger Rubber Ball Rounds Cost: $25 each, Quantity: 19, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management. Each round contains approx. (18) 60mm rubber balls.
b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

Situations for use of less lethal weapon systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals
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Modesto Police Department 2022 Military Equipment Use Report 22 5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions:
5 years, 40 mm launchers: 20 years
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training. g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law.
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Modesto Police Department 2022 Military Equipment Use Report 23 Equipment Usage 2022:

This section outlines the military equipment usage for 2022. Certain items of military equipment, particularly consumables (munitions, diversionary devices, pepper balls, chemical agents, etc.) are used throughout the year on a regular basis for training in order to maintain proficiency. Training usage is not captured in this section. This section only provides data for the operational use of military equipment listed within this Annual Equipment Report.
 Several pieces of the listed equipment were used during the Straight Pride 2022 Event that occurred on August 27, 2022. This event was ultimately declared as an unlawful assembly as altercations broke out amongst the attendees. After an unlawful assembly was declared and lawful orders were given to disperse which were ignored, the following deployment of equipment occurred:
 UAVS were deployed at the event to maintain video surveillance at the event and provide live video of the event to the Command Post.  A Peacekeeper Armored Vehicle was used as a transport vehicle for members of the Department’s Mobile Field Force (MFF)
 (3) Aerial Warning Munitions were deployed as the crowd failed to disperse. These munitions were deployed from a 40MM Launcher.  The Command POST Vehicles (truck and trailer) were deployed to a strategic location.
 A Beanbag munition was deployed on a subject who was physically resisting officers of the MFF. This munition was deployed from a Remington Beanbag shotgun.
 Pepper Ball Projectiles were deployed to disperse the agitated crowd.

These projectiles were deployed from listed Pepper ball Launchers. #5..
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Modesto Police Department 2022 Military Equipment Use Report 24 The following are incidents where designated equipment was deployed:
 MPD had (45) Operational UAV deployments (on many of the Incidents, more than one UAV was deployed to maintain overlapping coverage)
Below is a summary of the deployments:
 Search Warrant/Tactical Operation Area Surveillance- 12 Incidents  Perimeter search of wanted person where suspect was found- 6 Incidents  Perimeter search of wanted person where suspect was not found- 13 Incidents  Recalibration of gear only- 3 Incidents
 Crime scene Aerial Photographing- 4 Incidents
 Calls related to Firearm use. Perimeter check -3 Incidents  Area/Roof search for Evidentiary items- 2 Incidents
 Roof search for person-1 Incidents
 Straight Pride 2022 Event as described above
 There were (24) deployments of the Lenco armored vehicle. (20) deployments were for SWAT tactical operations (see information on SWAT deployments on page 25-26, not used on #10) The other (4) deployments were for High Risk Incidents where the incident was resolved prior to a SWAT activation as follows:

1. Deployment to a shooting incident where the suspect barricaded himself inside but eventually surrendered

2. Subject who was possibly armed and making threats to harm himself.

3. Assist to Stanislaus County S/O of a shooting suspect who was barricaded inside a home.

4. Assist to Stanislaus County S/O of an armed suspect who was barricaded inside a home.
 There were (14) deployments of the Peacekeeper armored vehicles. (2) deployments were for SWAT tactical operations (SWAT deployments #14 and 15) and (1) deployment listed above for the Straight Pride Event. The other #5..
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Modesto Police Department 2022 Military Equipment Use Report 25 deployments were for use in the “Armadillo” Program as described above on Page

13.  There were (2) deployments of the Command Post vehicles. The deployments were for a SWAT tactical operation (#14) and the deployment listed above for the Straight Pride Event.
 There were (3) deployments of the Chemical Agents (Tear Gas) by SWAT officers.

The deployments were for SWAT tactical operations (#11,16, 17). All deployments were from listed launchers and are operational deployments. Chemical agents are the most commonly defined Military equipment used for training purposes. 63 total canisters were used in 2022 for both operational purposes and training purposes.
 There were (4) deployments of Flashbang devices by SWAT officers (#3 ,7, 9, 11).

The deployments were for SWAT tactical operations.
 There were (7) deployments of SWAT robots (#4,5,7,8,9,14, 16). The deployments were for SWAT tactical operations.
 There were (4) deployments of less lethal beanbag munitions. The munitions were deployed from Remington Bean Bag guns and were used as described below:
 SWAT tactical operation (#14) and Bean bag round was used to cause a distraction of a wanted suspect.
 Used on a wanted subject to gain compliance after a vehicle pursuit where the suspect rammed police cars.
 Used to break a window in order to deploy Pepper ball munitions on a barricaded suspect.
 The deployment described above during the Straight Pride Event.  There were (9) deployments of Pepper ball munitions. The munitions were deployed from listed Pepper ball launchers and were used as described below:
 (6) deployments described above during the Straight Pride Event.  (3) deployments to gain compliance on barricaded suspects. #5..
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Modesto Police Department 2022 Military Equipment Use Report 26  SWAT Tactical Operations- The below information are summaries of SWAT deployments where listed equipment was used:

1. Assist to Turlock Pd for arrest of a subject wanted for a gang related assault with a deadly weapon.

2. Search warrant for a large marijuana grow operation

3. Search warrant for a murder suspect wanted by LAPD

4. Arrest of a barricaded subject wanted for violent felony

5. Search and arrest warrant of a barricaded subject wanted for discharging a firearm.

6. Search warrant for large marijuana grow

7. Assist to Stan County S/O due to multiple homes having search warrants served at the same time

8. Search warrant and arrest warrant for subject wanted for a violent felony.

9. Assist to Stan County S/O for a subject wanted for attempted murder.

10. Arrest of a subject wanted for violent felony. SWAT was used to arrest the subject as he left his residence. Lenco armored vehicle was not deployed on this operation.

11. Assist to Ceres PD for a barricaded subject wanted for Assault with a deadly weapon. The Subject pointed a firearm at police during initial contact.

12. Search warrant related to a murder investigation

13.Search warrant for large marijuana grow and drug trafficking investigation.

14. Search warrant of a barricaded subject who was actively firing a gun inside the residence

15. Search warrant for a subject wanted for a shooting investigation.

Subject ultimately came out of residence with a gun to his head and shot himself.

16. Search/arrest warrant for a barricaded subject wanted for a violent rape

17.Search warrant for a prison escapee

18.Search warrant related to a long-term drug trafficking investigation

19.Search warrant related to a murder investigation

20.Search warrant related to an attempted murder investigation

21.Assist to Stan County S/O related to a murder investigation #5..
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Modesto Police Department 2022 Military Equipment Use Report 27 Purchase of Equipment in 2022:

Pursuant to Modesto Police Policy 710, the following equipment defined as Military Equipment by law was purchased in 2022:
 (8) distractionary devices, commonly referred to as “Flash bangs”, were ordered from LC Action in Dec 2022 at a cost of $472.56
Policy 710, Section 710.10 states:
710.10 Military Equipment Use Supply Levels:

When stocks of military equipment have reached significantly low levels or have been exhausted, The Department may order up to 10% of stock in a calendar year without city council approval to maintain essential availability for the department’s needs.

After an inventory audit, the below items were not captured under the 2022 audit. They will be added to MPD’s 2023 Military Equipment Inventory Attachment A:

Category 1 – Unmanned Aerial Vehicles: Item #7 – DJI Mavic Platinum – Quantity 1- was added to the MPD inventory as it was determined to be owned by MPD but issued to Modesto Fire Department (MFD) for their use in Search and Rescue Missions. The item was inadvertently not listed in the 2022 Inventory as it was issued and used by MFD only.

Category 14 – Projectile Launch munitions and Platforms: Items #6 – 40mm Bean Bag Rounds - Quantity 3 and #7 – 40mm Rubber Baton#6064 - Quantity 6 were inadvertently not listed in the 2022 Inventory.
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Modesto Police Department 2022 Military Equipment Use Report 28 Complaints regarding use of Military Equipment:

In some instances, the application and use of military equipment may cause questions and/or concerns for members of the community. It is vitally important that community members’ questions regarding the application and use of military equipment are addressed. The Modesto Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal policies for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. The following is a summary of formal investigations related to the use of military equipment as investigated by the Modesto Police Department’s Internal Affairs Unit for 2022  There were no complaints/investigations regarding the use of Military Equipment in 2022
Summary and responses to Policy 710 violations:
 No violations of Policy 710- Military Equipment use, were reported or known of in 2022.

Conclusion:

This Annual Military Equipment Report reaffirms the Modesto Police Department’s commitment to providing transparency and information to our community and elected officials in addition to ensuring compliance with the law. The equipment, resources, and training outlined in this report allow Modesto Police Officers to better protect our community, enhance the safety of the public and officers, and bring critical incidents to a safe resolution. Public safety is and always has remained a shared responsibility. The strength of our Department lies not solely within the actions of the individual officer but within the resilience and willingness of our community to work in partnership with our officers to address crime in their neighborhoods. #5..
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Policy
710
Modesto Police Department
Modesto PD Policy Manual
Copyright Lexipol, LLC 2023/01/06, All Rights Reserved.

Published with permission by Modesto Police Department
Military Equipment - 1
Military Equipment
710.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
710.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include items designed to remove a lock, such as bolt cutters, or a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue service weapons and ammunition of less than.50 caliber that are issued to officers.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • "Flashbang" and explosive breaching tools.
• "Tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• The following projectile launch platforms and their associated munitions: 40mm projectile launchers. "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
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Modesto Police Department
Modesto PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/06, All Rights Reserved.

Published with permission by Modesto Police Department
Military Equipment - 2
• Any other equipment as determined by a governing body or a state agency to require additional oversight.
710.2 POLICY
It is the policy of the Modesto Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 710.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Modesto Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
710.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the Department:
[Insert attachment here]
710.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The #5..
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Modesto Police Department
Modesto PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/06, All Rights Reserved.

Published with permission by Modesto Police Department
Military Equipment - 3
military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above.

This policy was accepted by the City of Modesto's Governing body on May 3rd, 2022. 710.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for use and in accordance with this Department policy. Military equipment used by other jurisdictions that are providing mutual aid in accordance with Department Policy 304 to this Department and/or operating in conjunction in a law enforcement capacity with this Department, shall comply with their respective military equipment use policies.
710.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072). This report will be submitted annually on or before May 3rd.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 710.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which #5..
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Modesto Police Department
Modesto PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/06, All Rights Reserved.

Published with permission by Modesto Police Department
Military Equipment - 4
the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
710.9 COMPLIANCE
Department Supervisory Staff will ensure that all Department members comply with this policy.

The Internal Affairs Unit will conduct an annual audit for any non-compliance. The Chief of Police or designee will be notified of any policy violations and, if needed, the violation(s) will be referred to the Internal Affairs Unit and handled in accordance with Department Policy 1020 (Personnel Complaints) and Policy 340 (Code of Conduct). All instances of non-compliance will be reported to City Council via the annual military equipment report.

Any member of the public can register a question or concern regarding military use equipment by contacting the Modesto Police Department's Internal Affairs Unit at 209-572-9500. A response to the question or concern shall be completed by the Department in a timely manner. 710.10 MILITARY EQUIPMENT USE SUPPLY LEVELS
When stocks of military equipment have reached significantly low levels or have been exhausted, the Department may order up to 10% of stock in a calendar year without City Council approval to maintain essential availability for the Department's needs. 710.11 REVISIONS
Adopted April 2, 2022
o Revised January 6, 2023
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Modesto Police Department
Policy 710- Military Equipment Use
Attachment A- Military Equipment Inventory
2023
(Categories correspond with the categories provided in Government Code Section 7070(c) #5..
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Category1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

1. DJI 200 V2 with Zenmuse XT2 Thermal Camera, Cost: $15,000 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

2. DJI 200 V1 with Zenmuse Z30 Zoom Camera, Cost: $16,000 Quantity: 1 Remotely operated aerial vehicle that has video recording capabilities and 27 minutes of flight time

3. DJI Mavic2 Thermal, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

4. DJI Mavic 2 Zoom, Cost: $1,000 Quantity: 2 Remotely operated aerial vehicle that has video recording and capabilities and 25-30 minutes of flight time

5. DJI Phantom 4 with Zenmuse XT Thermal Camera and Z3 Zoom Camera, Cost:
$2,500 Quantity: 4 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

6. DJI Inspire with Zenmuse XT Thermal Camera and Z3 zoom camera, Cost: $8,500 Quantity: 1 Remotely operated aerial vehicle that has video recording and Thermal video capabilities and 25-30 minutes of flight time

7. DJI Mavic Platinum, Cost: $6,500 Quantity: 1 Remotely operated aerial vehicle that has built in video recording and Thermal imaging capabilities. This UAV is issued to Modesto FD for search and rescue missions
b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security
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6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 1-3 years
e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
f. Training: all UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

Robots: A remotely controlled unmanned ground vehicle, which is used to enhance the safety of officers and the community.
a. Description, quantity, capabilities and purchase cost of current robots.

1. Robotex A00476 Quantity:1 Cost: $20,000 The Robotex Tactical robot enhances the capabilities of SWAT and tactical response teams by allowing them to quickly and safely inspect dangerous situations. There is no longer a need to send personnel in before there has been a chance to assess the situation. The robot can navigate various terrain including stairs, grass and clothing. It has two-way audio and video recording capabilities and is remotely operated.
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2. iRobot BB2590 Quantity:1 Cost: $0 obtained from Government surplus program (LESO). This robot is a multi-mission Tactical robot used to carry out dangerous missions in high treat incidents and is remotely operated. b. Purpose: These robots are used to gain visual /audio data in dangerous incidents, deliver communication devices during high risk incidents. They can be used to open doors, disrupt packages and safely clear buildings.
c. Authorized use: The use of robots shall only be authorized by a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident. Robots shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: All unmanned ground vehicles, 5-10 years e. Fiscal impact: Annual maintenance costs and battery replacement costs are projected to be approximately $3,000
f. Training: all operators will be trained with in-service SWAT training on unmanned ground vehicle operations.
g. Legal procedure rules: use is established under Department Policy 414 (Hostage or barricaded persons) and policy 409 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize unmanned ground vehicles (Robots) only for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to state and federal law.

Category 2-
Armored vehicles: Commercially produced wheeled Armored Personnel vehicles utilized for law enforcement purposes.
a. Description, quantity, capabilities and purchase cost of current armored vehicles.

1. 2004 LenCo Bear cost: $300,000. The LenCo Bear is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for rescue of downed personnel. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.
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2. Peacekeeper Protected Response Vehicle (PRV). Quantity:2 Cost: $0. Both vehicles obtained from Government surplus program (LESO). The primary use of these two vehicles are to act as overt surveillance stations (Armadillo Program) in areas experiencing quality of life issues or high crimes. The video camera equipment can capture criminal activity as well as help identify those involved in crime. In emergency situations Peacekeeper vehicles can seat 6- 10 people. The vehicle has ballistic capabilities which provide greater safety to citizens and officers beyond the protection level of Ballistic shields or personal body armor.

B. Purpose: Armored vehicles are to be used in response to Critical Incidents to enhance officer and community safety, improve scene containment and stabilization and assist in resolving critical incidents C. Authorized use: The use of Armored vehicles shall only be authorized by a Watch Commander, a designated Incident Commander or the SWAT Commander, based on the specific circumstances of a given critical incident.

Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.

D. Expected life span: All Armored vehicles, 20 years
E. Fiscal impact: Annual maintenance costs are projected to be approximately $20,000
F. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction.

G. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy 707 (Armored vehicles). It is the policy of the Modesto Police Department (MPD) to utilize armored vehicles only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 3- None
Category 4-None
Category 5-
Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. #5..
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a. Description, quantity, capabilities and purchase cost of current CP vehicles.

1. 2000 Eagle 5th wheel trailer Cost: $40,000 This trailer is used for a mobile office command Center by both the Modesto Police and Fire Departments that provides shelter, access to department computer and communication systems and restroom facilities during extended events. This vehicle is marked with the words, Modesto Police Department Command Post and is separated into three areas. The areas include a conference area with white boards and tables, a communications area with radios and computer capabilities and a private interviewing area.

2. 2001 Ford F550 truck Cost: $42,159 This Vehicle is used to pull the 5th wheel trailer Mobile command post. And is marked with “Modesto Police” and has emergency lighting.
b. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management. c. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: vehicles, 20 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $10,000 f. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California
g. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.
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Category 6- None
Category 7-None
Category 8- None
Category 9-
M16A1 Select Fire Rifles: These rifles are used for training purposes only. When used for training these rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles. a. Description, quantity, capabilities and purchase cost:

1. M16A1select fire rifles. Cost: $0, Quantity:52 These rifles were obtained over 20 years ago through the military Surplus program (LESO). These rifles are only used for training. When used for training the rifles are outfitted with upper receivers that are not capable of firing live 5.56 projectiles.
b. Purpose: These rifles are for training purposes ONLY by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
c. Authorized use: These rifles are for training purposes by SWAT team members and designated personnel of the Urban Rifle team (URO). These rifles are not used outside of a training environment.
d. Expected life span: 40 years
e. Fiscal impact: Annual maintenance costs are projected to be approximately $500 f. Training: Personnel using these for training have either attended MPD’s POST certified 40-hour Urban Rifle course or the POST certified SWAT Basic course g. Legal procedure rules: use is established under Department policy 312 (Firearms). It is the policy of the Modesto Police Department (MPD) to utilize the M16A1 rifle only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 10- None
Category 11-None
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Category 12-
Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant a. Description, quantity, capabilities and purchase cost.

1. Pepper ball FTC Launchers. Cost: $600 each, Quantity: 5, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

2. Pepper ball Tippman Carbine Launchers. Cost: $200 each, Quantity: 2, these launchers are compressed-air powered launchers designed to fire non-lethal Pepper ball projectiles which contain a chemical irritant.

3. Pepper ball LIVE projectile, Cost: $2 per projectile Quantity: 3000. The basic pepper ball projectile contains 2% PAVA pepper powder and are designed for direct impact and area saturation, especially in confined interior spaces. the projectile is a non-lethal chemical irritant.

4. Combined Tactical Systems (CTS) 7290 Mini Flashbang, Cost: $45 each, Quantity: 44. These are non-bursting, non-fragmenting devices that produce a thunderous bang with intense bright light. They are ideal for distracting dangerous subjects in high risk situations.

5. Combined Tactical Systems (CTS) 5230 CS Gas Canister Cost: $50 each, Quantity: 24, Large diameter canisters that discharge a high volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system.

6. Combined Tactical Systems (CTS)4330 40mm CS Liquid Barricade Ferret rounds. Cost: $25Each, Quantity: 87, These rounds are CS filled projectiles that are used to penetrate intermediate barriers and deliver irritant agents into adjacent rooms. They are used to dislodge barricaded subjects from confined spaces. The purpose is to minimize risks to all persons through pain compliance, temporary discomfort and/or incapacitation of potentially violent or dangerous persons.
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7. Defense Technology40mm warning/signaling munition #6029WS Cost $45 each, Quantity:15. These are 40mm launched warning/signaling munitions that deliver 170 dB of sound and bright light

8. CTS 40 MM Aerial Warning Signal Flashbang #4090, Cost: $40 each Quantity: 8 These are 40mm launched warning/signaling munitions that deliver intense sound and bright light and are fired above a crowd during a riot/Civil disorder situation.

9. CTS #4233 40 mm Riot CS Smoke canisters Cost: $45 each Quantity: 38 These are 40mm launched CS smoke munitions that emit CS Chemical irritant and smoke during a riot/Civil disorder situation.

10. CTS #6210 White Smoke Canister Cost: $35 each, Quantity: 18 These white smoke canisters are used for obstructing tactical movement and for signaling and marking a landing zone during any air operations. These are thrown manually

11. CTS #6340 OC Aerosol Canisters Cost: $45 each, Quantity:14 These canisters deliver an invisible OC (Chemical irritant) and renders a Temporary respiratory effect on non-complaint subjects. These are thrown manually b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations. They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high risk situations. Situations for use of Chemical agent systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
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c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $5,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 13- None
Category 14-
Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
a. Description, quantity, capabilities and purchase cost.

1. Remington 870 Less Lethal Shotgun, Cost: $600 each, Quantity: 37, The Remington 870 Less Lethal Shotgun is designated as such with High Visibility Bright Orange Stocks and Foregrips. They are used to deploy the Less Lethal #5..
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Super-Sock Impact rounds up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De-escalation.

2. 12 Gauge Super-sock Bean Bag Impact round, Cost: $5 per round, Quantity:
290 These rounds are a 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 290 feet per second. These are considered impact weapons and provide accurate and effective performance when fired from the approved distance of not less than 5 feet. Effectiveness depends on many variables such as distance, clothing, stature and the area the projectile impacts.

3. Defense technology 40mm Single shot launcher Cost: $1000each, Quantity: 2, The 40mm Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

4. LMT 40mm Single shot launcher Cost: $1000 each, Quantity: 4, The 40mm LMT Single Shot Launcher is a tactical launcher. It will fire standard 40mm Less Lethal Ammunition and gas munitions. These are only authorized to be used by SWAT personnel and specifically designated members of the Mobile Field Force (MFF).

5. CTS 40MM foam baton munition # 4557 Cost $25 each, Quantity: 19 These munitions are a 40mm launched, spin stabilized less lethal direct impact munition.

6. 40 MM Bean Bag Rounds Cost: $25 each, Quantity: 3, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.

7. Safariland 40 MM Rubber Baton#6064 Cost: $25 each, Quantity: 6, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management.
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8. Defense technology 40mm Stinger Rubber Ball Rounds Cost: $25 each, Quantity: 19, These munitions are a 40mm launched less lethal impact munition. Used for crowd/riot and civil disorder management. Each round contains approx. (18) 60mm rubber balls.
b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions: 5 years, 40 mm launchers: 20 years
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 15- None
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Modesto Police Department
Policy 710- Military Equipment Use
Attachment B- Request to Purchase Equipment
2023
(Categories correspond with the categories provided in Government Code Section 7070(c) #5..
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Category1-
Unmanned Aerial Vehicles (UAV): An unmanned aircraft along with the associated Equipment necessary to control it remotely.
a. Description, quantity, capabilities and purchase cost of current UAVS.

1. DJI Mavic 3 Enterprise, Cost: $6820 Quantity: 3 Remotely operated aerial vehicle.

Camera is 56x zoom, mapping system, and Thermal imaging capabilities for night operations. This package comes with spare battery kit and a speaker. Purpose: Will replace current mid-size UAV’s that are “end of life”. Total cost: $20,460

2. DJI Mini 3 Pro, Cost: $1250 Quantity: 2 Remotely operated aerial vehicle. Camera can be adjusted manually and has a “plus battery” feature, where most miniature UAV’s do not. Purpose: Quick response and Mini UAV can get into places normal UAV’s can not and replace outdated UAV’s. Total cost: $2500

3. DJI Matrice 30T, Cost: $14,372 Quantity: 2 Remotely operated aerial vehicle.

Higher resolution camera, increased flight time, thermal camera, and improved collision prevention system. Purpose: Replaces outdated/damaged UAV’s. Total cost: $28,744
b. Purpose: UAVs are to be deployed when its use would assist officers or Incident commanders (ICs)with the following situations, which include but not limited to:

1. Major collision investigations

2. Search for missing persons

3. Search and rescue operations

4. Crowd control Situations

5. Perimeter Searches and security

6. Natural disaster management

7. Crime Scene Investigations and photography

8. SWAT, tactical, or other public safety and life preservation missions

9. In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention.
c. Authorized use: Only authorized operators as set forth in Department Policy 613 shall be permitted to operate any UAV and only during approved missions. d. Expected life span: All UAV equipment 1-3 years
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e. Fiscal impact: Annual maintenance and battery replacement cost is projected to be approximately $5,000
f. Training: all UAV operators must go thru in-service training on UAV systems and operations as well as search and seizure laws as well as ongoing in-service training quarterly.
g. Legal procedure rules: use is established under Department Policy 613 and in accordance with MPD’s FAA Certificate of Authorization. It is the policy of the Modesto Police Department (MPD) to utilize UAVS only for official law enforcement purposes and in a manner that respects the privacy of our community, Constitutional rights and in a manner pursuant to state and federal law.

Category 5-
Mobile Incident Command Post vehicles (Mobile CP): Truck and trailer used for a mobile office command Center that provides shelter, access to department computer and communication systems and restroom facilities during extended events. a. Description, quantity, capabilities and purchase cost of current CP vehicles.

UAV Command vehicle Cost: $90,000 Request to purchase a used Panel Van and outfit it with two police radios, mobile data computer, 4 – 40-in TV screens, computer, cradle points, workbench system, chairs, HDMI cables, etc. Purpose: Smaller command post can be housed at MPD, which will provide a quicker response on critical incidents where UAV’s will be required. Also, can get into locations where space is an issue.

1. Purpose: To be used based on the specific circumstances of a given critical incident, large event, natural disaster, community event or for crime scene management.

2. Authorized use: The use of the command post vehicles shall only be authorized by a Watch Commander, a designated Incident Commander, SWAT Commander or Crisis Response Unit (CRU) Commander, based on the specific circumstances of a given critical incident. Command Post vehicles shall only be used by officers trained in their deployment and in a manner consistent with department policy and training.

3. Expected life span: vehicles, 8-10 years

4. Fiscal impact: Annual maintenance costs are projected to be approximately $5,000 #5..
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5. Training: all drivers/operators will be trained with in-service training on vehicle operations and practical driving instruction and must be properly licensed through the State of California

6. Legal procedure rules: use is established under Department Policy 706 (vehicle use) and policy408 (Crisis Response Unit). It is the policy of the Modesto Police Department (MPD) to utilize the mobile command post vehicles only for official law enforcement purposes and in a manner pursuant to state law regarding the operation of motor vehicles.

Category 12-
Flash Bangs, Tear Gas, pepper balls: Flashbangs are devices used to distract and disorientate dangerous persons. Chemical Agent (tear gas) Canisters contain chemical agents that are released when deployed. Pepper balls are non-lethal projectiles that contain a chemical irritant a. Description, quantity, capabilities and purchase cost.

1. 7290 Mini Flashbang, Cost: $45 each, Quantity 24. Purpose: Needed to replenish current stock from use during SWAT missions and training. Total Cost: $1400

2. 5230 CTS CS Gas Canister, Cost: $50 each, Quantity 40. Purpose: Needed to replenish current stock from use during SWAT missions and training. Total Cost: $2000

3. 5230 CTS CS Smoke Canister, Cost: $37 each, Quantity 12. Purpose: Needed to replenish current stock from use during SWAT missions and training Large diameter canisters that discharge a volume of smoke and chemical agent through multiple emission ports. Can be thrown or deployed with a launching delivery system. Total Cost: $444
b. Purpose: Flashbangs are a distraction device used to distract dangerous subjects during hostage recues, room entries or other high-risk situations. They produce atmospheric over-Pressure and brilliant white light and as a result can cause short term (6-8 seconds) sensory deprivation to give officers a tactical advantage and increase officer safety. Chemical agent canisters are designed to limit the escalation of conflict and improve officer safety in high risk #5..
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situations. Situations for use of Chemical agent systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the Chemical Agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training.
d. Expected life span: Pepper ball Launchers:20 years, Pepper ball projectiles: 2 years, Flashbangs: No expiration date. Chemical Agents/Tear gas: 5 years e. Fiscal impact: There are no projected Annual maintenance costs. Supply replacement costs are projected to be $5,000
f. Training: The use of the Chemical agent munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal and chemical agent instructors. The use of flashbangs is authorized to be used by officers of the SWAT team and who are trained in their deployment by POST certified instructors and in a manner consistent with department policy and training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize Chemical agents, their delivery systems and flash bangs only for official law enforcement purposes and in a manner pursuant to state and federal law.

Category 14-
Projectile Launch munitions and Platforms: 40mm Launchers are utilized by Department personnel as a Tear gas delivery system and as a Less lethal tool to launch impact rounds. The Less Lethal shotguns are used to deploy the Less Lethal 12-gauge Super-Sock Beanbag Impact round.
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a. Description, quantity, capabilities and purchase cost.

1. 4557 CTS 40MM foam baton, Cost: $25 each, Quantity 50. Purpose: Needed to replenish current stock from use during Mobile Field Force, SWAT mission, and training. Total Cost: $1250
b. Purpose: Less Lethal munitions are designed to limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of less lethal weapon systems may include but are not limited to:

1. Self-Destructive, dangerous and/or combative subjects

2. Riot/crowd control and civil unrest incidents

3. Circumstances where a tactical advantage can be obtained

4. Potentially vicious animals

5. Training exercise and/or approved demonstrations
c. Authorized use: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors. They can only be used by officers trained in their deployment and in a manner consistent with department policy and training. d. Expected life span: Bean bag shotguns:25-30 years, Bean bag munitions: 5 years, 40 mm launchers: 20 years
e. Fiscal impact: Annual replacement/maintenance costs are projected to be approximately $2,000
f. Training: The use of the less lethal munitions and delivery systems are authorized to be used only by officers who have been trained by POST certified Less Lethal instructors during in service training.
g. Legal procedure rules: use is established under Department Policy 300 (use of force) and policy 308 (Control devices). It is the policy of the Modesto Police Department (MPD) to utilize less lethal munitions and delivery systems only for official law enforcement purposes and in a manner pursuant to state and federal law.
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