CITY OF NAPA CITY CLERK
RECEIVED
DATE STAMP RECEIVED
CITY CLAIM#
DEC 0 5 2024
POLICE RPT. # HAND DELIVERED
U.S. MAIL T OTHER
ITY OF (FOR OFFICIAL USE ONLY)
NAPA U.S. Mail Hand Delivery Other
CLAIM AGAINST CITY OF NAPA
Please return to: City Clerk, 955 School Street, Napa, CA 94559 / Tel: (707)257-9503 Fax: (707)257-9534 CLAIM FORMS MUST BE FILLED OUT COMPLETELY. DO NOT LEAVE ANY BLANK SPACES. ADD ADDITTONAL SHEETS AS NECESSARY.
1. CLAIMANT'S NAME (PRINT): Hagstrom Properties, LLC
2. CLAIMANT'S ADDRESS: 870 Emerald Bay, Ste. 307 South Lake Tahoe, 96150 (Street or P.O.Box Number) (City, State, Zip Code)
3. HOME PHONE: N/A WORK PHONE: 415-273-7473
IF YOUR CLAIM IS FOR UNDER $10,000, STATE THE TOTAL ESTIMATED AMOUNT HERE $ AND SET FORTH THE CALCULATIONS SUPPORTING THE TOTAL AMOUNT OF YOUR CLAIM.
IF YOUR TOTAL CLAIM IS ESTIMATED AT $10,000 OR MORE, CHECK THE BOX INDICATING WHETHER YOUR CLAIM WOULD BE A LIMITED CIVIL CASE ($25,000 OR LESS), OR AN UNLIMITED CIVIL CASE.
4. ADDRESS TO WHICH NOTICES ARE TO BE SENT:
IF DIFFERENT FROM LINES 1 AND 2 (PRINT) Kamran Javandel (NAME)
3 Embarcadero Center, 12th Floor San Francisco, CA 94111 (STREET or P.O. BOX NUMBER) (CITY, STATE, ZIP CODE)
5. DATE OF INCIDENT: 12/20/2023 TIME OF INCIDENT:
-
LOCATION OF INCIDENT: See Written Statement Attached to this Form.
6. DESCRIBE THE INCIDENT OR ACCIDENT INCLUDING YOUR REASON FOR BELIEVING THE CITY IS LIABLE FOR YOUR DAMAGES: See Written Statement Attached to this Form.
7. DESCRIBE ALL INJURIES AND DAMAGES WHICH YOU BELIEVE YOU HAVE INCURRED AS A RESULT OF THE INCIDENT: See Written Statement Attached to this Form.
8. NAME(S) OF PUBLIC EMPLOYEE(S) CAUSING THE DAMAGES YOU ARE CLAIMING (IF APPLICABLE):
See Written Statement Attached to this For.
-
9. WITNESS: Soo Witen Sloment Alched to the Form N/A
(NAME) (ADDRESS) (TELEPHONE) (SIGNATURE)
Hamean Javandel 12/05/2024
SIGNATURE OF PLATMANT (S) Date
Revised 08/11/2015
Allen Matkins Leck Gamble Mallory & Natsis LLP
Allen Matkins
Three Embarcadero Center, 12ü Floor | San Francisco, CA 94111-4074 Telephone: 415.837.1515 | Facsimile: 415.837.1516
www.allenmatkins.com
Kamran Javandel
E-mail: [email protected]
Direct Dial: 415.273.7473 File Number: 393682.00001/4891-1805-7725.10 Via Messenger and FedEx
December 5, 2024
City of Napa
955 School Street
Napa CA 94559
Re: Claims of Hagstrom Properties, LLC against City of Napa To Whom It May Concern:
Enclosed is a claim by Hagstrom Properties, LLC against the City of Napa pursuant to the California Government Claims Act, Government Code Section 810 et seq.
Please call me if you wish to discuss the claims.
Very truly yours,
Kamran Javandel
KJ
cC: Edward Firestone
Los Angeles | Orange County | San Diego | Century City | San Francisco | New York Allen Matkins Leck Gamble Mallory & Natsis LLP
Attomeys at Law
City of Napa
December 5, 2024
TO THE CITY OF NAPA:
You are hereby notified that HAGSTROM PROPERTIES, LLC claims damages from the CITY OF NAPA.
1. Name and Address of Claimant
Hagstrom Properties, LLC
c/o Michael Kirchner, Registered Agent
870 Emerald Bay Road, Ste. 307
South Lake Tahoe, CA 96150
Address to Which Notices Should Be Sent
Kamran Javandel
Allen Matkins Leck Gamble Mallory & Natsis LLP
3 Embarcadero Center, 12th Floor
San Francisco, California 94111-4074
(415) 273-7473
3. Date, Place, and Other Circumstances of the Occurrence or Transaction Hagstrom Properties, LLC ("Hagstrom") owns a 2.6-acre parcel of land in downtown Napa, alitornia, bounded by Polk Street, Seminary Street, Clay Street, and Jefferson Street (the Hagstrom Property"). From approximately 1960 to 2003, dry cleaning businesses using the nam Dow Cleaners leased and conducted dry cleaning operations on a portion of the Hagstrom Property, with the address 1634 Clay Street.
Since 2002, under the oversight of the San Francisco Bay Regional Water Quality Control Board ("RWQCB"'), Hagstrom has been performing investigation, mitigation, and remediation of potential releases of dry cleaner chemicals, including but not limited to tetrachloroethylene ("PCE") and its breakdown products (collectively referred to herein as "Dry Cleaner Chemicals"), in soil, soil gas, air, and groundwater at and near the Hagstrom Property at significant expense.
In 2022, the Blue Oak School ("BOS") began building a Middle School at 1455 Polk Street in Napa ("BOS Property"). In a November 2022 letter to Hagstrom, BOS stated that Dry Cleaner Chemicals had been detected on the BOS Property. BOS demanded that Hagstrom pay certain costs associated with the presence of Dry Cleaner Chemicals on the BOS Property. Hagstrom believed Dry Cleaner Chemicals on the BOS Property could have originated from an on-site source and promptly conducted an environmental investigation to determine the likely sources.
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attomeys at Law
City of Napa
December 5, 2024
On behalf of Hagstrom, Trinity Source Group, Inc. ("Trinity") conducted a soil, soil vapor, and groundwater assessment on and near the BOS Property to identify the sources and extent of Dry Cleaner Chemicals on the BOS Property. Trinity summarized its findings in its Blue Oak Middle School Property Investigation Report dated December 20, 2023 ("Trinity Report'). The Trinity Report concluded that PCE was carried to and released at and around the BOS Property from leaking sewer pipes. (See Exhibit A, PCE Sub-Slab and Soil Vapor Concentration Extended Map, from Trinity Report.) It states:
"Investigation data strongly indicate that releases of PCE from sanitary sewer facilities into the environment took place in the following locations in the Study Area:
• The sanitary sewer (abandoned and newer) lines in front of the former dry cleaner.
• The sanitary sewers at the corner of Polk and Seminary Streets.
• The former combined sanitary sewer and storm sewer in the center of Seminary Street (now solely a storm sewer), the newer sanitary sewer on the western side of Seminary Street, and associated laterals.
• Possibly also beneath the City of Napa CSB [Community Services Building]."
This distribution of Dry Cleaner chemicals in the environment is outside and well beyond the area that would otherwise have. been impacted in the absence of the sewer releases. Napa Sanitation District ("NapaSan") originally owned and operated the leaking sewer pipes as part of a combined sanitary/storm sewer system in the vicinity of Dow Cleaners and the BOS Property. The City of Napa ("City") acquired the combined sanitary/storm sewer pipe system from NapaSan in 1968 for use as storm sewers. Thus, since 1968, the City has owned and controlled the leaking sewer pipes, and NapaSan owned and controlled the leaking sewer pipes before that time. Further investigation may reveal that, over time, Dry Cleaner Chemicals were released from leaking or otherwise failed sewer pipes owned and operated at various times by the City and NapaSan at other locations along the path to wherever these sewers eventually lead.
Based on the findings and conclusions of the December 20, 2023 Trinity Report, Hagstrom alleges that the City and NapaSan negligently and unreasonably owned and operated broken and/or otherwise damaged or improperly designed, constructed, maintained, or monitored sewer pipes, and that the City and NapaSan therefore, have caused or significantly exacerbated the releases and migration of Dry Cleaner Chemicals to and through soil, soil gas, and groundwater within the City of Napa, as generally described above.
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorneys at Law
City of Napa
December 5, 2024
Hagstrom's investigation, mitigation, and remedial activities are ongoing and the full extent f the Dry Cleaner Chemical impacts, investigation scope, remedial and mitigation activities, an ssociated damages are still unknown. Hagstrom therefore reserves the right to supplemen modify, or otherwise revise this claim with additional facts.
4. General Description of Damage or Loss
As a result of releases from leaking or otherwise failed sewer pipes owned and operated, at various times, by the City and NapaSan, Hagstrom has incurred, and will continue to incur, damages including but not limited to costs to investigate, remediate, mitigate, and otherwise address contamination resulting from Dry Cleaner Chemical releases from sewer pipes, costs to identify responsible parties, and loss of use and/or rental or other income from the Hagstrom Property. BOS has separately filed notices of its claims against the City and NapaSan (see Exhibit B and Exhibit C). Pursuant to an agreement between Hagstrom and BOS, BOS has assigned its claims against the City and NapaSan to Hagstrom (see Exhibit D). Accordingly, Hagstrom seeks compensation from the City and NapaSan in its own right, and on behalf of BOS. Moreover, Hagstrom anticipates that it may incur additional as yet unknown damages, including those stemming from third party claims, as a result of releases from leaking or otherwise failed sewer pipes owned and operated at various times by the City and NapaSan.
Although Hagstrom is continuing to learn relevant facts, and therefore reserves the right to identify additional consistent facts and claims, to the extent Hagstrom's claims are not informally resolved prior to litigation, Hagstrom expects to assert claims against the City and NapaSan including but not limited to: (1) cost recovery under the Comprehensive Environmental Response,.
Compensation, and Liability Act ("CERCLA") 42 U.S.C. § 9601 et seq.; CERCLA § 107 and the California Hazardous Substances Account Act ("HSAA") § 79670; (2) contribution under CERCLA § 113(f) and HSAA § 79670; (3) declaratory relief under CERCLA § 113(g)(2); (4) injunctive relief under the Resource Conservation and Recovery Act ("RCRA") 42 U.S.C. § 6901 et seq.; RCRA § 7002; (5) equitable indemnity; (6) continuing nuisance under California Civil Code $8 3479 and 3483; (7) continuing trespass under California Civil Code §§ 3479 and 3483; (8) negligence under California Government Code § 815.6; and (9) compensation for inverse condemnation under Article I, § 19 of the California Constitution.!
Name and Addresses of Responsible Public Officers and Employees City and NapaSan officials, employees, representatives, and agents responsible for sewer design, construction, inspection, maintenance, and monitoring. City and NapaSan officials, Hagstrom's potential claims under federal law are not subject to the California Government Claims Act, but Hagstrom nevertheless identifies such claims here in the interest of full disclosure.
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attoreys at Law
City of Napa
December 5, 2024
employees, representatives, and agents responsible for compliance with environmental laws and regulations. The names of the specific persons are unknown to Hagstrom.
6. Amount of Damages
Hagstrom's claim for damages far exceeds $10,000 and would be subject to unlimited civil jurisdiction in the Superior Court. Hagstrom has not completed its investigation of its claims.
Further information may be revealed that further supports Hagstrom's claims or may lead to
7. Conclusion
Hagstrom requests that this Claim be approved and that notice of approval be provided as required by law, within the time frames specified under California law.
Dated: December 5, 2024
Kamran JavandelC
Allen Matkins Leck Gamble Mallory & Natsis LLP
Attorney for Hagstrom Properties, LLC
EXHIBIT A
1600 Lot Street
TEC4) + 05/220 Prote Sample Locion: 50- Solid Poor Serial Senhary Sewer with How Direction ray. 5/22/202: Manhate
oã Vapor Frobe Sample lecack sVp-i-D Sall Vepor Prebn ACP Athestos Carment Pise RO Roin forced Concrita Pipe
800-1: /mer Santary Sewer vce Vititfied Clay Fipe
mpled 12/18/2018 PCE pa concentration
(8) SGP 29 Sampled 2/1/2017 ased axe Sanitary Sewer
20_0011120.sprx12/12/2023 12:11 PM VID 29-00 Д ab-Slat Vapor Probe Locati ROUX 2/19/2022 200 ur/m
au The Pie concentration in Sewer Vipot PCE Tetrachto roethene 1,000 ki/m e ss-1 was not used to prepar Micrograms per Cuble Meter lab and tail tear contad 100,000 ua/m
1,000.000
PCE SUB-SLAB AND BOIL VAPOR CONCENTRATION EXTENDED MAP PROJECT. 120.015.007
Blue Ook Middle School
one run 1455 Polk Street
Napa, Califomin
EXHIBIT A
-1-
Exhibit B
Exhibit B
-1--1-
DOWNEYBRAND Robert P, Soren inoy Brand 1
[email protected] 1. Capliol Mall, 18i Fl
916.520:5364 Direct Sacramento, CA 95914
916.520.5764 Fax 916.144.1000 Moln
downeybrand.com
October 11,2024
VIA CERTIFIED MAIL
City Clerk
955 School Street
Napa, CA 94559
Re: Claim Agalust tlie City of Napa - Government Code Section: 905 et seg.
To the Clerk of the City of Napa:
This firm represents the Blue Oak School (the "School"). The purpose of this letter is to present a claim against the City of Napa (the "City"*) on behalf of the School. Pursuant to Governient seg. and City of Napa Municipal Code Chapter 2.104.
Circumstances Giving Rise to the Claim / General Incident Description The School owns real property located it 1455 Polk: Street/1120 Seminary Street, Napa, CA at 1634 Clay Street, Napa, CA 94559.
The former Dow Cleabers location, owned by Hagstrom, is currently an open cleanup prograr ite under the jurisdiction and supervision of the San Francisco Bay Regional Water Qualit Control Board ("Regional Water Board"). The project file for the Hagstrom site is listed on the State Water Resources Control Board's GeoTracker website under identification number SL0605536682.1
The Regional Water Board directed that Hagstron, as the responsible party for the ontamination, not only address the contamination on its own property but also investigate th xtent to which the contamination emanating from Hagstrom's property affected other propertic in the area, including the School Property.
' so hps//entracker.wafterboards.c.gov/profilereport?elobal id-sL060536682. 405342
Exhibit B
-2-2-
City of Napa
October Li, 2024
Page, 2
On December 6, 2023, the School became aware that Hagstrom is alleging that there were one or nore releases of PCE from the City-owned former combined sanitary sewer and stor sewer, which the City now operates only as a storm sewer. Hagstrom submitted a report detailing these allegations to the Regional Water Board titled Blue Oak Middle School Property Investigation Report, dated December 20, 2023 ("Hagstrom Report").2 In particular, the Hagstrom Report alleges, "These releases appear to have occurred in the current NapaSan sanitary sewer pipes, the NapaS in former combined sanitary/storm sewer pipes, and; due to residual PCE possibly reinaining in the system, the City of Napa storm drain pipe in the middle of Semjnary Street after the City took possession of the former combined sanitary/storm sewer pipe in approximately Specifically, the Hagstrom Report stated that elevated levels of PCE in soil "strongly suggest the likelihood that one or more releasés of PCE as DNAPL occurred at depth beneath Seminary Street from the combined storm drain/sanitary sewer, the sanitary sewer, or both, or from a sewer Interal connected to oue or both of these facilities....
It so apored to out cored tha here agit four sparate soil vach Hageron iport noted ir swer felt been impacted by the likel mad of rehe gees or cites is wise treadet of he sewer facililies..
sased on the foregong the School
bat the City Sored, operated, and or mints ined dain fred onlined sani the Cryer and starin system (which is now operated solely as the storm drain) located adjacent to the School's Property and its failure to properly maintain the system caused an independent release of PCE and/or caused or contribited to the spread of PCE from Hagstrom's property onto and beneath the School's real property:
General Description of the Injury, Damage, or Loss Incurred As a result of the migration of PCE onto and beneath the School's real property, the School has incurred significant costs and damages in response to the contamination, and the School is subject to ongoing obligations related to the damages to its real property. These costs include, but are not limited to the costs of additional site investigation, damages for changes to, and id safety megues to mitigate the impacts of at and l derlyinatan en iproperty.
The costs and damages to the School are continuing, and is therefore subject to change in an 2' The Hagstrom Report is available on the State Water Resources Control Board's Geo Tracker database, https://geotracker.wnterbonrds.ca.gov/profile_ropor1?global id=SL0605536682 3 Id. at p. 41.
4 Id. at p. 30.
SId. at p. 32.
6 Id. at p. 31.
10H5342 DOWNEY BRAND
Exhibit B
-3--3-
City of Napa
October Li, 2024
Name(s) of Public Employeds) Causing the Injury, Damage, or Loss The School does not have all of the specific information at this time to name any publio employee(s) causing the injury, damage, or loss. (Gov. Code, § 910(e).) The School reserves the right to supplemeut its clain with additional information, if it becomes kuown.
Names of Witnesses
Other than the information referenced in the Hagstrom Report, the School does not have the specific information at this time to name witnesses. "The School reserves the right to supplement its claim with additional information, if it becomes known.
Amount Claimed
Pursuant to the Goverment Code, "lilf the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a linited civil case." (Gov. Code, § 910(t).) The School is claiming damnges in excess of $10,000, and therefore, does not include a specific dollar amount in this letter.
Based on the amount in dispute, this would not be a limited civil case.
The School reserves all rights to supplemeut this claim as additional information becomes known, and reserves all rights to puisue available legal remedies that are or may become available after presentation of this claim, including but not limited to initiating legal proceedings, to recover costs from the City relating to the migration of PCE contamination.
Please retum a conformed copy of this claim (copy enclosed) to this office in the enclosed postage paid retum envelope.
Should you have any questions regarding this claina, please conțact the undersigned at the telephone number listed above
Thank you for your attention to this matter:
Sincerely:
DOWNEY BRAND LIP
Cell
Robert P. Soran
Enclosure (City of Napa Claim Form)
40542 DOWNEYBRAND
Exhibit B
-4--4-
DATE STAME RECHIVED
CITY CLAIM*
POLICE RPT.
NAPA (FOR OFFICIAL, USE ONLY)
US. Mall Hand Delivery Other
CLAIM AGAINST CITY OF NAPA
Please ritum to: City Clark, 955 Schnol Stridi, Napa, CA 24559 / Tal: (707)257-9309 Fax: (707)257-9534 CHORUS MASTHEFULD OUTCOMPEN, DO NOTABAVE ANY BLANK SPACES: ADD ADDITIONAL SHETS AS NECISSARY:
1. CLAIMANT'S NAME (PRINT): Blue Oak Schopl
2. CLAIMANT'S ADDRESS: 1436 Polk Street Napa, CA 9455
(Stol or P.O.Bar Number) (Cily, Sinla, Zip Cudo)
3. HOME PHONE: N/A WORK PHONE: 916-520-5364
IF YOUR CLAIM IS FOR UNDER $10,000, STATE THE TOTAL ESTIMATED AMOUNT HERE S
AND SET FORTH THE CALCULATIONS SUPPORTING THE TOTAL AMOUNT OF YOUR CLAIM IF YOUR TOTAL CLAIM IS ESTIMATED AT $10,000 OR MORE, CHECK THE BOX INDICATING WHETHER YOUR CLAIM WOULD BE ALIMITED CIVIL CASB ($25,000 OR LESS), OR ZIAN UNLIMITED CIVIL CASE.
4. ADDRESS TO WHICH NOTICES ARE TO BE SENT:
IF DIFFERENT FROM LINES 1 AND 2 (PRINT) Robert P. Soran. E AT) 621 Capitol Mall, 18th Floor Sacramento, CA 95814
(STREET a P.O. BOX NUMBER) (CIT; STATE, ZI CODE)
5. DATE OF INCIDENT: 12/06/2023 TIME OF INCIDENT: NIA
LOCATION OF INCIDENT: 1455 Polk Street/1120. Seminary Street, Napa, CA 84559 (al and adjacent to)
6. DESCRIBE THEINCIDENT OR ACCIDENT INCLUDING YOUR REASON FOR BELIEVING THE CITY IS LIABLE FOR YOUR DAMAGES. See Letter Attached to this Form.
7. DESCRIBE ALL INJURIES AND DAMAGES WHICH YOU BELIEVE YOU HAVE INCURRED AS A RESULT OF THE INCIDENT: See Letter Attached to this For.
8. NAME(S) OF PUBLIC EMPLOYEES) CAUSING THE DAMAGES YOU ARE CLAIMING (IF APPLICABLE):
See Letter Allached to this Form.
9. WITNESS: See Lot Attached to this Form N/A
(NAME) (ADDRESS) (TELEPHONE) (SONATURE)
10/11/2024
SIGNATURE, OF CLAIMANT (5) Dnie
Revised 08/11/2015
Exhibit B
-5--5-
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
5 On October 11, 2024, I served true copies of the following dogument (s) described as belov on the interested parties in this action as follows
BLUE OAKS SCHOOL'S CLAIM FORM AND LETTER FOR CITY OF NAPA 13 | 955 School Street
Napa, CA 94559
DOWNEY BRAND LLP Is foregoing is are and ornaly of perjury under the laws of the State of Califomia that the 16 Executed on October 11, 2024, at Sacramento, California. 17 18 Wendy they
Wendy Honcy
20 22
23 24
25 26
27 28
46919291
Exhibit B
-6--6-
Exhibit C
Exhibit C
-1-
Robart P. Soran owney Brand iL
DOWNEYBRAND [email protected] 21 Capitol Mali, 1 Ba Ffor 916.520,5364 Direct Sacromenio, CA 95814
9.16.520:5764 Fax 916,444.1000 Moin
downeybrand.com
October: 6, 2023
VIA CERTIFIED MAIL
Napa Sanitation District
Atin: Board of Directors
1515 Soscol Ferry Road
Napa, CA 94558
Re: Claim Against Napa Sanitation District - Government Code Section 905 et seg.
To the Napa Sanitation District:
This fim represents the Blue Oak School ("School"). The purpose of this letter is to present a
7. The Claimant Is:
Blue Oak School
1436 Polk Street
Napa, CA 94559
Notices Should be Sent to:
Robert P. Soran
Alexandra L. Lizano:
Downey Brand LIP
621. Capitol Mall, 18th Floor
Sacramento, CA 95814
3. The Circumstances Giving Rise to the Clatth are as Follows:
The School qwns property located at 1455 Polk Stret, Napa, CA 94559 ("Property'") which is the site of the School's future middle school. During development of the new middle school, tetrachloroetbylone ("PC* was detected on the Property: The PCE had migrated onto and beneath the Property from the former Dow Cleaners, which operated at a shopping center owned by Hagstrom Properties, LLC ("Hagstrom"), located at 1634 Clay Street, Napa, CA 94559.
Exhibit C
-2-
Napa Sanitation District
October 6, 2023
The former Dow Cleaners location, owned by Hagstrom, is currently an open cleanup program ite under the jurisdiction and supervision of the San Francisco Bay Regional Water Quality Control Board (Regional Water Board"). The project file for the Hagstrom site is listed on the State Water Respurces Control Board's Geo Tracker website under identification number SL0605536682,F
The Regional Water Board direcled that Hagstrom, as the responsible party for the contamination, not only address the contamination on its own property but also investigate the extent to which the contamination emanating from Hagstrom's property affected other properties in the area; including the School Property. Hagstrom conducted further investigation and alleges that the sanitary sewer main lines are a "likely conduit" contributing to the spread of PCE from Hagstrom's property to the School's Property.
On May 11, 2023, a letter sent on behalf of the City of Napa to Regional Water Board noted, "Dry cleaning chemicals associated with the Former Dow Cleaners Site are known to have migrated offsite, including through sewer lines owned and operated by the Napa Sanitation District, and have impacted neighboring properties including the Hotel Napa Valley located at 1556 Polk Street and the Blue Oak Middle School (BOMS) located at 1436 Polk Street." Based on the foregoing, the School presents this claim for damages against NapaSari on the basis that releases from NapaSan's sanitary sewer system located adjacent to the School's Property and its failure to properly maintain the sanitary sewer system caused and/or contributed to the spread of PCE from Hagstrom's property onto and bencat the School's property,
4. General Description of the Indebtedness, Obligation, injury, Damagc, or Loss Incurred so far as it may be Known at the Time of Presentation of the Claim:
insured signiteamt gets and damagest response to the sonian pron. , he sets on lude, bur re not limited to the costs of additional site investigation, damages for changes to, and delays i he construction of the middle school, and the installation of environmental and safety measure The costs and damages the School are continuing, and is therefore subject to change in an amount to be determined,
5. The Name or Names of the Public Employee or Public Employees Causing the Injury, Damage, or Loss, if Known:
The Schoo! does not have all of the specific information at thietime to name any public employee(s) causing the injury, damage, or loss. (Gov: Code, § 910(e).) The School reserves the right to supplement its claim with additional information, if it becomes known. https://geotracker.waterboards.c.gov/profile reportglobal_id=SL0605536682.
DOWNEYBRAND
Exhibit C
-3-
Napa Sanitation District
October 6, 2023
6. The Amount Clalmed:
Pursuant to the Government Code, "Li]f the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case." (Gov. Code, § 910(f).) The School is claiming damages in excess of $10,000, and therefore, does not include a specific dollar amount in this letter. Based on the amount in dispute, this would not be a limited civil case.
The School reserves all rights to supplement this claim as additional information bocomes known; and reserves all rights to pursue avatlable legal rémedies that are or may become available after presentation of this claim, including but not limited to initiating legal proceedings to recover costs from NapaSan relating to the migration of PCE contamination Please return a conformed copy of this claim (copy enclosed) to this office in the encased postage paid return envelope.
Thank you for your attention to this matter.
Sincerely,
DOWNEY BRAND LLP
Rella
Robert P. Soran:
enclosures.
CC: Jonathan Fulk, Blue Oak School
Steven H. Goldberg, Esq., Downey Brand LLP
Alexandra L. Lizano, Esq:, Downey Brand
186914
DOWNEYBRAND
Exhibit C
-4-
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OFSACRAMENTO
3 employed in the our fe of Sacram ne it a of ma Motite to this act 2l Capitol 4| Mall, 18th Floor, Sacramento, CA 95814:
5. On October 6, 2023, I served true copies of the following documents) described as on the interested parties in this action as follows:
BLUE OAKS SCHOOL'S CLAIM AGAINST NAPA SANITATION DISTRICT - 7 GOVERNMENT CODE SECTION 905 et seg.
Requested, following our ordinary business practices. I am readily familiar with the practice of 10 Downey Brand LLP for collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course 11 of business with the United States Postal Service, in a sealed envelope with postage fully prepaid I am a tesident or employed in the county where the mailing occurred. The envelope was placed 12 in the mail at Sacramento, California.
13 Napa Sanitation District
Attn: Board of Directors
14 515 Sosco. Ferry Rom
DOWNEY BRAND LLP Tapa, CA 94554
16 foregoing is are ande penalty of perjury under the laves of the State of Califomia that the 17 Executed on October 6, 2023, at Sacramento, Califomia. 18 19 Backuces xTOA
Becky Lutme
21 22
23 2410
25 26
27 28
Exhibit C
-5-
Exhibit D
Exhibit D
- 1-
EXUBIT A
ASSIGNMENT OF CLAIMS
School, below ("Effective Date").
In consideration of the mutual promises and obligations contained in this Assignment and other good and valuable consideration, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the Parties agree as follows:
1. Assignment of Claims: The School hereby assigns to Hagstrom ariy and all claims of any kind whatsoever which the School may have against any third party related, directly or indirectly, to the release or alleged release of tetrachloroethylene (sometimes referred to as perchloroethylene or "PCE*) and or its breakdown products at or from the real property located at 1634 Clay Street, Napa, Califomia 94559, however released info the environment including from sewer pipes or otherwise, and whether known or unknown, suspected or unsuspected ("Claims").
2. Assumption of Claims. The School agrees that Hagstrom may, at any time, in its own name and for its own benefit, bring suit upon, prosecute, collect, settle, compromise, satisfy, and/or release the Claims in its sole discretion. The School shall have no right to consent to, approve, direct, or participate in any of the Clams, and shall have no. right to receive any settlement funds, damages, or awards granted to Hagstrom in connection with the same.
3. Limitations on Assienment. Hagstrom shall not name the School as a party to any litigation or administtative proceeding in pursuit of the assigned Claims, unless absolutely necessary to pursue the assigbed Claims, and in such case only with the School's advance written consent, which consent shall not be unreasonably withheld. The School acknowledges that Hagstrom cannot control whether third parties may seek to name the School as a party in such proceedings, and Hagstron shall have no obligation to object to or seck to prevent such The School will reasonably cooperate with Hagstrom in Hagstrom's pursuit of or defense of the assigned Claims assigned to Hagstrom, provided that Hagstrom will pay all of the School's reasonable and adequately documented costs and expenses for such cooperation, which shall include, but not be limited to, reimbursernent for time and expenses incurred for the School and its trustees, employees, agents, contractors, consultants, and attorneys involved in such cooperation. The couperation shall not be deemed to be, nor require, waiver of the attorney client privilege, work product doctrine, or other applicable privilege or confidentiality protection by the Parties, which are expressly reserved.
No Encumbrances Without Prior Authorization. In exercising its rights under the assignment of Claims set forth. by this agreement, Hagstrom shall not enter into any settlement, compromise, or release of Claims that in any way, directly or indirectly, creates any obligation o noum brance upon the School, the School middle school property, or the School's lower schoo EXHIBIT A.
-1-
iS042614
Exhibit D
-2-