DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit. (1) Any person or organization from whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "productsland or be a tenant in that completed operations hazard". premises; or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or (1) Any architect, engineer, or surveyor, but the acts or omissions of those acting only with respect to liability for "bodily on your behalf:
injury", "property damage" or "personal
and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "productsfailure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. – Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How Liability and Medical Expenses Limit shown in this insurance applies when other the Declarations.
insurance is available to an additional insured
is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. – Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No shown in the Declarations. person or organization is an insured with respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. L any one person or organization is the Personal IABILITY AND MEDICAL EXPENSES and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations. 1. The Most We Will Pay
5. Damage To Premises Rented To You Limit
The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of:
Liability Coverage for damages because of
a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons lightning or explosion, while rented to you or or organizations making claims or bringing "suits". temporarily occupied by you with permission of the owner. 2. Aggregate Limits
In the case of damage by fire, lightning or The most we will pay for:
explosion, the Damage to Premises Rented To
a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations. The most we will pay on behalf of a person or b. Damages because of all other "bodily organization who is an additional insured injury", "property damage" or "personal under this Coverage Part is the lesser of: and advertising injury", including medical expenses a. The limits of insurance specified in a , is the General Aggregate Limit shown written contract, written agreement or in the Declarations. permit issued by a state or political This General Aggregate Limit applies subdivision; or separately to each of your "locations"
owned by or b. The Limits of Insurance shown in the rented to you.
Declarations. "Location" means premises involving the
same or connect Such amount shall be a part of and not in ing lots, or premises whose connect addition to the Limits of Insurance shown in ion is interrupted only by a s the Declarations and described in this Section. treet, roadway or right-of-way of a railroad.
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense
The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to
(4) Assist us, upon our request, in the
any remaining period of less than 12 months, starting
enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance
months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance. No insured will, except at that insured's own E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent. Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the a. Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence"
insured's own insurance.
or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations. 3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazards a. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law.
If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists,
follows:
underinsured motorists, no-fault or other
a. Primary Insurance coverage required by any motor vehicle law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also primary, we will share with all that other 4. Legal Action Against Us insurance by the method described in c. No person or organization has a right under below. this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
This insurance is excess over any of the into a "suit" asking for damages from an other insurance, whether primary, excess, insured; or
contingent or on any other basis: b. To sue us on this Coverage Form unless all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for
(2) Premises Rented To You
damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with
settlement means a settlement and release of
permission of the owner; liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of That is insurance purchased by you to Insureds cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies:
(4) Aircraft, Auto Or Watercraft
a. As if each Named Insured were the only
Named Insured; and If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to b. Separately to each insured against whom the extent not subject to Exclusion g. of a claim is made or "suit" is brought. Section A. – Coverages.
6. Representations
(5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not subject to Exclusion k. of Section A. – (2) Those statements are based upon Coverages. representations you made to us; and
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of: That is other insurance available to you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
How Declarations of this Coverage Part. ever, the following provisions apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part:
this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first. have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured.
If the insured has waived any rights of
When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
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BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is
amended to include as an additional insured If listed or shown as applicable in the Declarations, the person(s) or organization(s) shown in the one or more of the following Optional Additional Declarations as an Additional Insured - Insured Coverages also apply. When any of these Grantor Of Franchise, but only with respect to Optional Additional Insured Coverages apply, their liability as grantor of franchise to you. Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below:
Insured – Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal
and advertising injury" caused, in whole or WHO IS AN INSURED under Section C. is in part, by your maintenance, operation or amended to include as an additional insured use of equipment leased to you by such the person(s) or organization(s) shown in the person(s) or organization(s). Declarations, but only with respect to liability for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. 5. Additional Insured - Owners Or Other In the performance of your ongoing operations; or Interests From Whom Land Has Been
Leased b. In connection with your premises owned
by or rented to you. a. WHO IS AN INSURED under Section C. is amended to include as an additional 2. Additional Insured - Managers Or Lessors insured the person(s) or organization(s) Of Premises
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured – Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place after you cease to lease that land; or This insurance does not apply to:
(2) Structural alterations, new (1) Any "occurrence" which takes place construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization.
(2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision – Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
Insured – State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of business, in connection with the b. With respect to the insurance afforded to distribution or sale of the products; these additional insureds, the following additional exclusions apply: (f) Demonstration, installation, servicing or repair operations, This insurance does not apply to:
except such operations performed
(1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product;
the state or municipality; or
(g) Products which, after distribution
(2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any
7. Additional Insured – Vendors other thing or substance by or for a. WHO IS AN INSURED under Sect C. the vendor; or ion is amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or
(ii) Such inspections, "property damage" included within the adjustments, tests or servicing "products-completed operations hazard". as the vendor has agreed to
b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with the distribution or sale of the (a) "Bodily injury" or "property products. damage" for which the vendor is obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured – Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured – Controlling Interest, but only with respect to (d) Repackaging, unless unpacked their liability arising out of: solely for the purpose of inspection, demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container;
Form SS 00 08 04 05 Page 19 of 24
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. – Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance
9. Additional Insured – Owners, Lessees Or is available to an additional insured is described in Contractors – Scheduled Person Or the Other Insurance Condition in Section E. – Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Sect C. Conditions.
ion is
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS
shown in the Declarations as an Additional
1. "Advertisement" means the widespread public Insured – Owner, Lessees Or Contractors, but only w dissemination of information or images that ith respect to liability for "bodily has the purpose of inducing the sale of goods,
injury", "property damage" or "personal
and adverti products or services through: sing injury" caused, in whole or in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper; insured(s); or
b. The Internet, but only that part of a web (2) In connection with "your work" site that is about goods, products or performed for that additional insured services for the purposes of inducing the and included within the "products- sale of goods, products or services; or completed operations hazard", but only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include:
"products-completed operations
a. The design, printed material, information hazard".
or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or
does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising among persons through a computer network. injury" arising out of the rendering of, or
2. "Advertising idea" means any idea for an the failure to render, any professional archi "advertisement". tectural, engineering or surveying services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps properties of asbestos and includes the mere , shop draw presence of asbestos in any form. ings, opinions, reports, surveys, field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Superv roads, including any attached machinery or isory, inspection, architectural or engineering act equipment. But "auto" does not include ivities. "mobile equipment". 10. Additional Insured – Co-Owner Of Insured Premises 5. "Bodily injury" means physical:
WHO C. a. Injury; IS AN INSURED under Section is
amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured – CoOw sustained by a person and, if arising out of the ner Of Insured Premises, but only with above, mental anguish or death at any time. respect to their liability as co-owner of the premises shown in the Declarations. 6. "Coverage territory" means:
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
3/6/2023
(408) 792-5407 (408) 792-3670
11000
Shums Coda Associates, Inc.
5776 Stoneridge Mall Road
Suite 150
Pleasanton, CA 94588
22357
10346
16543
A 2,000,000
X X 57SBABZ4608 3/8/2023 3/8/2024 1,000,000
10,000
2,000,000
4,000,000
4,000,000
B 1,000,000
X 57UECFN0207 12/20/2022 12/20/2023
A 1,000,000
57SBABZ4608 3/8/2023 3/8/2024 1,000,000
10,000
C
EIG496370001 3/23/2023 3/23/2024 1,000,000
1,000,000
1,000,000
D E&O/Professional Lia BFLPMLTCA011300_020333_02 3/8/2023 Limit 3,000,000 RE: RFQ Number 604738-18; Inspection Services - Per Written Contract or Agreement with the Named Insured.
Clark County, its officers and employees are included as Additional Insured as respects General Liability, this insurance is primary and non-contributory and Waiver of Subrogation applies, per written contract, per forms SS 00 08 04 05 and SS 12 15 03 00 attached. Clark County, its officers and employees are included as Additional Insured as respects Auto Liability, per written contract, per form HA 99 16 03 12 attached.
Form CIR Attached.
Clark County, Nevada c/o Purchasing and Contracts Division Government Center, Fourth Floor
500 S Grand Central Parkway
PO Box 551217
Las Vegas, NV 89155-1217
SHUMCOD-01 BENNETTVIERHUS
NFP Property & Casualty Services, Inc.
160 West Santa Clara Street
Suite 575
San Jose, CA 95113
Liu Peng
[email protected]
Sentinel Insurance Company Ltd
Hartford Accident and Indemnity Co
Employers Preferred Insurance Company
Texas Insurance Company
X
3/8/2024
X
X
X
X
X
X
X
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18 FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
NFP Property & Casualty Services, Inc.
SHUMCOD-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
1 SEE P 1
Shums Coda Associates, Inc.
5776 Stoneridge Mall Road Suite 150
Pleasanton, CA 94588 SEE PAGE 1
BENNETTVIERHUS
1 CONTRACTUAL INSURANCE REQUIREMENTS
The attached Certificate of Insurance is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company’s insuring conditions, limitations, exclusions and other terms.
If you have any questions, please contact the undersigned.
NFP Property and Casualty Services, Inc.
160 West Santa Clara Street, Suite #575
CA License #0F15715
TELEPHONE: 408.792.5400
FAX: 408.792.3670
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR LTR INSD WVD
PRODUCER CONTACT
NAME:
PHONE FAX (A/C, No, Ext): (A/C, No):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG
OTHER: $
COMBINED SINGLE LIMIT (Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH- STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A (Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
3/29/2023
(408) 792-5400 (408) 792-3670
11000
Shums Coda Associates, Inc.
5776 Stoneridge Mall Road, Suite 150
Pleasanton, CA 94588
22357
10346
16543
A 2,000,000
X 57SBABZ4608 3/8/2023 3/8/2024 1,000,000
10,000
2,000,000
4,000,000
4,000,000
B 1,000,000
57UECFN0207 12/20/2022 12/20/2023
A 1,000,000
57SBABZ4608 3/8/2023 3/8/2024 1,000,000
10,000
C
X EIG496370001 3/23/2023 3/23/2024 1,000,000
1,000,000
1,000,000
D E&O/Professional Lia BFLPMLTCA011300_020333_02 3/8/2023 Limit 3,000,000 Re: Per Written Contract or Agreement with the Named Insured.
City of Vallejo is included as Additional Insured as respects General Liability, per written contract, per form SS 00 08 04 05 attached. Worker's Compensation waiver of subrogation in favor of City of Vallejo per blanket policy endorsement WC 04 03 06 attached. Form CIR Attached.
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
SHUMCOD-01 MARIAVELASQUEZ
NFP Property & Casualty Services, Inc.
160 West Santa Clara Street
Suite 575
San Jose, CA 95113
Sentinel Insurance Company Ltd
Hartford Accident and Indemnity Co
Employers Preferred Insurance Company
Texas Insurance Company
X
3/8/2024
X
X
X
X
X
X
X
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18 FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
NFP Property & Casualty Services, Inc.
SHUMCOD-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
1 SEE P 1
Shums Coda Associates, Inc.
5776 Stoneridge Mall Road, Suite 150
Pleasanton, CA 94588
SEE PAGE 1
MARIAVELASQUEZ
1 CONTRACTUAL INSURANCE REQUIREMENTS
The attached Certificate of Insurance is provided as part of our service to our client, the Insured. If special endorsements have been provided, they also are indicated attached. You may find that these documents do not comply with all the terms and conditions of the underlying contract between the Certificate Holder and the Insured due to the insurance company’s insuring conditions, limitations, exclusions and other terms.
If you have any questions, please contact the undersigned.
NFP Property and Casualty Services, Inc.
160 West Santa Clara Street, Suite #575
CA License #0F15715
TELEPHONE: 408.792.5400
FAX: 408.792.3670
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
2. Applicable To Medical Expenses Coverage e. A trust, you are an insured. Your trustees We will are also insureds, but only with respect to not pay expenses for "bodily injury": their duties as trustees. a. Any Insured
2. Each of the following is also an insured: To any insured, except "volunteer workers". a. Employees And Volunteer Workers b. Hired Person
Your "volunteer workers" only while To a person hired to do work for or on behalf performing duties related to the conduct of of any insured or a tenant of any insured. your business, or your "employees", other c. Injury On Normally Occupied Premises than either your "executive officers" (if you To a person injured on that part of are an organization other than a premises you own or rent that the person partnership, joint venture or limited liability normally occupies. company) or your managers (if you are a d. Workers' Compensation And Similar limited liability company), but only for acts Laws within the scope of their employment by
you or while performing duties related to To a person, whether or not an the conduct of your business. "employee" of any insured, if benefits for However, none of these "employees" or the "bodily injury" are payable or must be provided under a workers' compensation "volunteer workers" are insureds for:
or disability benefits law or a similar law. (1) "Bodily injury" or "personal and e. Athletics Activities advertising injury":
To a person (a) To you, to your partners or injured while practicing, instructing or participating in any physical members (if you are a partnership exercises or games, sports or athletic or joint venture), to your members contests. (if you are a limited liability
company), or to a co-"employee" f. Products-Completed Operations Hazard while in the course of his or her Included with the "products-completed employment or performing duties operations hazard". related to the conduct of your
g. Business Liability Exclusions business, or to your other "volunteer workers" while Excluded under Business Liability Coverage. performing duties related to the C. WHO IS AN INSURED conduct of your business;
1. If you are designated in the Declarations as: (b) To the spouse, child, parent, a. An brother or sister of that co- individual, you and your spouse are "employee" or that "volunteer insureds, but only with respect to the conduct of a bus worker" as a consequence of iness of which you are the sole owner. Paragraph (1)(a) above;
b. A partnership or joint venture, you are an (c) For which there is any obligation insured. Your members, your partners, and to share damages with or repay their spouses are also insureds, but only with someone else who must pay respect to the conduct of your business. damages because of the injury described in Paragraphs (1)(a) or
c. A limited liability company, you are an (b) above; or insured. Your members are also insureds, but only with respect to the conduct of your (d) Arising out of his or her providing business. You or failing to provide professional r managers are insureds, but on health care services. ly with respect to their duties as your managers. If you are not in the business of
d. An organization other than a partnership, providing professional health care joint venture or limited liability company, you services, Paragraph (d) does not apply a to any nurse, emergency medical re an insured. Your "executive officers" and directors are insureds, but only with respect technician or paramedic employed by you to provide such services. to their duties as your officers or directors.
Your stockholders are also insureds, but only (2) "Property damage" to property:
with respect to their liability as stockholders. (a) Owned, occupied or used by,
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DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees", "volunteer workers", (2) "Personal and advertising injury" any partner or member (if you are arising out of an offense committed a partnership or joint venture), or any member (if you are a limited before you acquired or formed the liability company). organization.
b. Real Estate Manager 4. Operator Of Mobile Equipment
Any person (other than your "employee" or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such equipment along a public highway with your c. Temporary Custodians Of Your permission. Any other person or organization Property
responsible for the conduct of such person is
Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment, and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to: (2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representati person driving the equipment; or ve If You Die Your b. "Property damage" to property owned by, legal representative if you die, but rented to, in the charge of or occupied by only with respect to duties as such. That you or the employer of any person who is representative will have all your rights and an insured under this provision. duties under this insurance.
5. Operator of Nonowned Watercraft e. Unnamed Subsidiary Any With respect to watercraft you do not own that subsidiary and subsidiary thereof, of is less than 51 feet long and is not being used yours which is a legally incorporated entity to carry persons for a charge, any person is an of which you own a financial interest of m insured while operating such watercraft with ore than 50% of the voting stock on the your permission. Any other person or effective date of this Coverage Part. organization responsible for the conduct of The insurance afforded herein for any such person is also an insured, but only with subsidiary not shown in the Declarations respect to liability arising out of the operation as a named insured does not apply to of the watercraft, and only if no other injury or damage with respect to which an insurance of any kind is available to that insured under this insurance is also an person or organization for this liability. insured under another policy or would be However, no person or organization is an an insured under such policy but for its insured with respect to: termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or 3. Newly Acquired Or Formed Organization Any b. "Property damage" to property owned by, organization you newly acquire or form, rented to, in the charge of or occupied by other than a partnership, joint venture or you or the employer of any person who is limited liability company, and over which you m an insured under this provision. aintain financial interest of more than 50% of the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products; A person or organization is an additional
(f) Demonstration, installation, insured under this provision only for that servicing or repair operations, period of time required by the contract, except such operations performed agreement or permit. at the vendor's premises in However, no such person or organization is an connection with the sale of the additional insured under this provision if such product; person or organization is included as an
(g) Products which, after distribution additional insured by an endorsement issued or sale by you, have been labeled by us and made a part of this Coverage Part, or relabeled or used as a including all persons or organizations added container, part or ingredient of any as additional insureds under the specific other thing or substance by or for additional insured coverage grants in Section the vendor; or F. –Optional Additional Insured Coverages. (h) "Bodily injury" or "property a. Vendors
damage" arising out of the sole Any person(s) or organization(s) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part (i) The exceptions contained in provides coverage for "bodily injury" or Subparagraphs (d) or (f); or "property damage" included within the "products-completed operations hazard". (ii) Such inspections, adjustments, tests or servicing as the vendor (1) The insurance afforded to the vendor has agreed to make or normally is subject to the following additional undertakes to make in the usual exclusions:
course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence b. Lessors Of Equipment of the contract or agreement;
(b) Any express warranty (1) Any person or organization from whom you lease equipment; but only unauthorized by you; with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit. (1) Any person or organization from whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) Any "occurrence" which takes (b) "Bodily injury" or "property damage" place after you cease to lease that included within the "productsland or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or (1) Any architect, engineer, or surveyor, but the acts or omissions of those acting only with respect to liability for "bodily on your behalf: injury", "property damage" or "personal and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "productsfailure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.
Form SS 00 08 04 05 Page 13 of 24
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) Supervisory, inspection, 3. Each Occurrence Limit
architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. – Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the How Liability and Medical Expenses Limit shown in this insurance applies when other the Declarations. insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses in Section E. –Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No shown in the Declarations. person or organization is an insured with respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b. above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal and Advertising Injury Limit shown in the LIMITS OF INSURANCE Declarations.
1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To You Declarations and the rules below fix the most Limit is the most we will pay under Business we will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, c. Persons or organizat lightning or explosion, while rented to you or ions making claims or bringing "suits". temporarily occupied by you with permission of the owner. 2. Aggregate Limits
In the case of damage by fire, lightning or The most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.
Aggregate Limit shown in the 6. How Limits Apply To Additional Insureds Declarations.
The most we will pay on behalf of a person or b. Damages because of all other "bodily organization who is an additional insured injury", "property damage" or "personal under this Coverage Part is the lesser of: and advertising injury", including medical expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown written contract, written agreement or in the Declarations. permit issued by a state or political This General Aggregate Limit applies subdivision; or separately to each of your "locations" owned by or rented to you. b. The Limits of Insurance shown in the Declarations. "Location" means premises involving the
same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, the Declarations and described in this Section. roadway or right-of-way of a railroad.
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this (1) Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, limit set forth in Paragraph 3. above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in the any remaining period of less than 12 months, starting enforcement of any right against any with the beginning of the policy period shown in the person or organization that may be Declarations, unless the policy period is extended liable to the insured because of injury after issuance for an additional period of less than 12 or damage to which this insurance months. In that case, the additional period will be may also apply. deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Cost of determining the Limits of Insurance.
No insured will, except at that insured's own E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other
1. Bankruptcy than for first aid, without our consent.
Bankruptcy or insolvency of the insured or of e. Additional Insured's Other Insurance the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered
2. Duties In The Event Of Occurrence, by other insurance available to an Offense, Claim Or Suit additional insured, such additional insured must submit such claim or "suit" to the a. Notice Of Occurrence Or Offense other insurer for defense and indemnity. You or any additional insured must see to However, this provision does not apply to it that we are notified as soon as the extent that you have agreed in a practicable of an "occurrence" or an written contract, written agreement or offense which may result in a claim. To permit that this insurance is primary and the extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit injured persons and witnesses; and Paragraphs a. and b. apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is If a claim is made or "suit" is brought an individual;
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance (2) Notify us as soon as practicable. manager, if you or an additional You or any additional insured must see to insured is a corporation; it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political You and any other involved insured must: subdivision or public entity.
Form SS 00 08 04 05 Page 15 of 24
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to (3) We have issued this policy in reliance you and any additional insured. upon your representations.
3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazards a. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance is b. With respect to "mobile equipment" to available for a loss we cover under this which this insurance applies, we will Coverage Part, our obligations are limited as provide any liability, uninsured motorists, follows: underinsured motorists, no-fault or other a. Primary Insurance coverage required by any motor vehicle law. We will provide the required limits for This insurance is primary except when b. those coverages. below applies. If other insurance is also primary, we will share with all that other 4. Legal Action Against Us insurance by the method described in c. No person or organization has a right under below. this Coverage Form:
b. Excess Insurance
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an This insurance is excess over any of the other insurance, whether primary, excess, insured; or
contingent or on any other basis: b. To sue us on this Coverage Form unless all of its terms have been fully complied (1) Your Work with. That is Fire, Extended Coverage,
A person or organization may sue us to recover Builder's Risk, Installation Risk or on an agreed settlement or on a final judgment similar coverage for "your work"; against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosion this insurance or that are in excess of the insurance for premises rented to you applicable limit of insurance. An agreed or temporarily occupied by you with
settlement means a settlement and release of
permission of the owner; liability signed by us, the insured and the claimant or the claimant's legal representative. (3) Tenant Liability
5. Separation Of Insureds That is insurance purchased by you to cover your liability as a tenant for Except with respect to the Limits of Insurance, "property damage" to premises rented and any rights or duties specifically assigned to you or temporarily occupied by you in this policy to the first Named Insured, this with permission of the owner; insurance applies:
(4) Aircraft, Auto Or Watercraft a. As if each Named Insured were the only Named Insured; and If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to b. Separately to each insured against whom the extent not subject to Exclusion g. of a claim is made or "suit" is brought. Section A. –Coverages.
6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property (1) The statements in the Declarations damage" to borrowed equipment or are accurate and complete; the use of elevators to the extent not subject to Exclusion k. of Section A. – (2) Those statements are based upon Coverages. representations you made to us; and
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of: That is other insurance available to you covering liability for damages (1) The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
However, Declarations of this Coverage Part. the following provisions apply to other insurance available to c. Method Of Sharing any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains, This insurance is primary if you whichever comes first. have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its by the method described in c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
Paragraphs (a) and (b) do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.
Form SS 00 08 04 05 Page 17 of 24
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is
amended to include as an additional insured If listed or shown as applicable in the Declarations, the person(s) or organization(s) shown in the one or more of the following Optional Additional Declarations as an Additional Insured - Insured Coverages also apply. When any of these Grantor Of Franchise, but only with respect to Optional Additional Insured Coverages apply, their liability as grantor of franchise to you. Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured – Lessor of Leased Equipment,
1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal
and advertising injury" caused, in whole or WHO IS AN INSURED under Section C. is in part, by your maintenance, operation or amended to include as an additional insured use of equipment leased to you by such the person(s) or organization(s) shown in the person(s) or organization(s). Declarations, but only with respect to liability for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, in these additional insureds, this insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment.
a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been
Leased b. In connection with your premises owned
by or rented to you. a. WHO IS AN INSURED under Section C. is amended to include as an additional 2. Additional Insured - Managers Or Lessors insured the person(s) or organization(s) Of Premises
shown in the Declarations as an Additional
a. WHO IS AN INSURED under Section C. is Insured –Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place after you cease to lease that land; or This insurance does not apply to:
(2) Structural alterations, new (1) Any "occurrence" which takes place construction or demolition operations after you cease to be a tenant in that performed by or on behalf of such premises; or person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision –Permits performed by or on behalf of such person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
Insured – State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of business, in connection with the b. With respect to the insurance afforded to distribution or sale of the products; these additional insureds, the following additional exclusions apply: (f) Demonstration, installation, servicing or repair operations, This insurance does not apply to:
except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises in "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled included in the "product-completed or relabeled or used as a operations" hazard. container, part or ingredient of any
7. Additional Insured –Vendors other thing or substance by or for a. WHO C. the vendor; or IS AN INSURED under Section is amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to:
sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coverage for "bodily injury" or
(ii) Such inspections, "property damage" included within the adjustments, tests or servicing "products-completed operations hazard". as the vendor has agreed to
b. The insurance afforded to the vendor is make or normally undertakes subject to the following additional exclusions: to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) the distribution or sale of the "Bodily injury" or "property products. damage" for which the vendor is obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products.
(b) Any express warranty 8. Additional Insured –Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured –
(d) Repackaging, unless unpacked Controlling Interest, but only with respect to their liability arising out of: solely for the purpose of inspection, demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original
container;
Form SS 00 08 04 05 Page 19 of 24
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18
BUSINESS LIABILITY COVERAGE FORM
This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. – Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance
9. Additional Insured – Owners, Lessees Or is available to an additional insured is described in Contractors – Scheduled Person Or the Other Insurance Condition in Section E. – Organization Liability And Medical Expenses General
a. WHO C. Conditions. IS AN INSURED under Section is
amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional
1. "Advertisement" means the widespread public Insured –Owner, Lessees Or Contractors, but only with dissemination of information or images that respect to liability for "bodily has the purpose of inducing the sale of goods, injury", "property damage" or "personal and advertising products or services through: injury" caused, in whole or in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper; insured(s); or
b. The Internet, but only that part of a web (2) In connection with "your work" site that is about goods, products or performed for that additional insured services for the purposes of inducing the and included within the "productssale of goods, products or services; or completed operations hazard", but only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include:
"products-completed operations
a. The design, printed material, information hazard".
or images contained in, on or upon the
b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or
does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising among persons through a computer network. injury" arising out of the rendering of, or the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys presence of asbestos in any form. , field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include "mobile equipment". 10. Additional Insured – Co-Owner Of Insured Premises 5. "Bodily injury" means physical:
WHO C. a. Injury; IS AN INSURED under Section is
amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured – CoOwner Of sustained by a person and, if arising out of the Insured Premises, but only with above, mental anguish or death at any time. respect to their liability as co-owner of the premises shown in the Declarations. 6. "Coverage territory" means:
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18 DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18 City of Vallejo
Shums Coda Associates
Plan Review, Permitting and Field Inspection Services
51 Fee Schedule
City
Building Plan Check Fees
Fees for comprehensive plan reviews, performed at SCA offices, will be equal to sixty- five percent (65%) of the plan review fees as calculated per the jurisdiction. The City will provide SCA with jurisdiction plan review fees (project-by-project) for use in calculating SCA’s fees. In return, invoicing will be done on a monthly basis with detailed description of each project.
The above fee covers all services associated with the typical plan review, including:
x Pick – up and delivery of design documents to the jurisdiction. x First, second and quick third reviews to approve projects.
Extensive plan reviews (longer third reviews or more) may be required to be charged on an hourly rate shown on the next page. Further, smaller projects that take one or more reviews may also be charged at an hourly rate when agreed upon with the Chief Building Official (i.e., the amount of time required to approve vastly exceeds the calculated fees). Pre-application, pre-construction, or additional meeting attendance that is necessary for unusual or complex projects may also be charged at the same hourly rate schedule.
If an expedited plan review is requested, the turn-around time can be as quick as a single day, but these types of review schedules are typically determined based on the complexity of the project and the availability of SCA staff to complete the review. Fees for expedited reviews will be negotiated directly with City’s Building Official prior to beginning the review and will be a fixed fee based on determined complexity of the project, availability of SCA staff and requested expedited turnaround schedule. Typically, expedited reviews are completed in half the standard turnaround time for 1.5 times the plan review fee collected.
If plan review staff is required to provide support in City’s offices, they will be charged hourly per the hourly rates.
Building Inspection Services and Fees
SCA will provide qualified ICC Certified building inspectors as needed to the City, within the next day, if requested by noon on the previous business day. Any inspector sent to the City will need to be interviewed and/or accepted by the Building Department staff prior to their commencement of inspections on behalf of the jurisdiction, as we want our staff to be appropriately qualified for and clear of City of Vallejo’s expectations. Our inspection staff will be expected to input each day’s inspection results within the City’s permit software at the end of daily inspections. SCA inspectors will be available to answer questions by phone or email from contractors and homeowners regarding correction items and are available to attend pre-construction meetings as needed.
The building inspection fees will be based on an hourly rate found on the next page, with final rates for each inspector being based on certifications and experience, that will assist in determining agreed upon rates per the table. We provide ranges on inspection services to reflect options related to number of certificates and level of experience provided to the City. $77$&+0(172)(;+,%,7%
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18 City of Vallejo
Shums Coda Associates
Plan Review, Permitting and Field Inspection Services
52 Fee Schedule
City
Hourly Rates
Inspection invoices will be submitted to the jurisdiction on a monthly basis (with the building plan review fees for the same previous month) and be based on hourly rates described below.
Fees for inspection services, Plans Examiners (outside of percentage-based fees), and Permit Technicians shall be billed at the following hourly rates:
Job Title Hourly Rate
In-House Plan Review $135
In-House Code Training $150
Principal $150
Senior Plan Review Engineer/Architect (comm., industrial & multi-fam.) $125 Plan Review Engineer/Architect (small comm./residential) $115 Senior Fire Protection Engineer/Fire Inspector (FPE) $205 - $290 Fire Protection Engineer/Fire Inspector (FPE) $190 - $205 Permit Technician $65 - $80
Clerical Support $55 - $65
CASp Specialist – Plan Review $300
CASp Specialist – Inspection $350
CASp Specialist - Report TBD
Acting Supervisor of Inspectors (I.O.R.)** $125-$140
Senior Inspector** $110 - $125
Inspector II** $100 - $110
Inspector I** $90 - $100
Inspector in Training $60-$90
Overtime will not be charged for any plan review services, but SCA does reserve the right to negotiation additional fees for major re-designs or consistently incomplete responses to initial plan review comments (as agreed upon mutually with the jurisdiction). Inspection overtime services will be charged as stated above (see qualifying statement below.) ** Hours for inspections in excess of 8 hours (per day) will be billed as overtime at the rate shown above.
When inspection overtime is requested, on days when inspector has not already performed inspections on the site (i.e., weekends, holidays, etc.), inspection overtime services will be provided in 4-hour minimum segments.
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18 City of Vallejo
Shums Coda Associates
Plan Review, Permitting and Field Inspection Services
53 References
SCA takes great pride in the fact that our services are customizable and able to be adjusted to meet our client’s needs. To prove the reliability of our services, we provide the following list of client references to speak to the quality of our commitment to meeting project expectations. Feel free to call as many as needed for confirmation.
Nena Bizjak
Chief Building Official
City of Mountain View
500 Castro Street
Mountain View, CA 94041
(650) 903 – 6313
[email protected]
Providing inspections, plan review, building
official, and permit technician services since
2006.
Shawn Huff
Chief Building Official
City of Ventura
501 Poli Street
Ventura, CA 93001
(805) 677 - 3963
[email protected]
Providing inspections, plan review, and
permit technician services since 2021.
Bill Tott
Chief Building Official
City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
(408) 586 – 3263
[email protected]
Providing plan review services since 2006.
Gary West
Chief Building Official
City of Fremont
39550 Liberty Street
Fremont, CA 94538
(510) 494 – 4460
[email protected]
Providing inspections, plan review and
building official services since 2015.
Chuck Andrew
Assistant Community Development Director
City of Menlo Park
701 Laurel Street, 1st Floor
Menlo Park, CA 94025
(650) 330 – 6757
[email protected]
Providing inspections, plan review, and permit
technician services since 2009.
Melinda Denis
Planning and Permit Center Manager
City of Pleasanton
123 Main Street
Pleasanton, CA 94566
(925) 931 – 5631
[email protected]
Providing inspections, plan review, and
permit technician services since 2017.
Joseph Cuffe
Chief Building Official
City of Rancho Cordova
2729 Prospect Park Drive
Rancho Cordova, CA 95670
(916) 851 – 8866
[email protected]
Providing inspections, plan review, and permit
technician services since 2017.
Tim Wegner
Deputy Director of Building Services
County of Placer
249 Nevada Street
Auburn, CA 9560
(503) 745 – 3125
[email protected]
Providing inspections and plan review
services since 2013.
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18 Shums Coda Associates
City of Vallejo
Plan Review, Permitting and Field Inspection Services
54 Consultant and Professional Services Agreement/ Insurance City
Consultant and Professional Services Agreement
SCA accepts the City of Vallejo’s standard Consultant and Professional Services Agreement as is, without modifications.
Insurance
SCA can and is willing to obtain the minimum scope and limits of insurance contained in the RFP.
Below is an example of insurance coverage we obtain for each jurisdiction. Our insurance can be modified as required by the City.
DocuSign Envelope ID: D6882AA1-562E-405A-AFCA-30556D81AD18 Certificate Of Completion
Envelope Id: D6882AA1562E405AAFCA30556D81AD18 Status: Completed Subject: Complete with DocuSign: Shums Coda Assocites Professional Services Agreement_LZ- Final.pdf, In...
Source Envelope:
Document Pages: 106 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 6 Anthony Cook
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
555 Santa Clara St
Vallejo, CA 94590
[email protected]
IP Address: 71.198.246.140
Record Tracking
Status: Original
3/28/2023 10:59:38 AM
Holder: Anthony Cook
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Vallejo Location: DocuSign Signer Events Signature Timestamp
Christine Godinez
[email protected]
Chief Operating Officer
Shums Coda Associates
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 104.6.70.103
Sent: 3/28/2023 11:04:47 AM
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Signed: 3/28/2023 11:28:43 AM
Electronic Record and Signature Disclosure:
Accepted: 3/28/2023 11:27:02 AM
ID: adb8de91-4427-464f-800b-4e48b4afdfe0
Christina Ratcliffe
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 3/28/2023 11:28:45 AM
Viewed: 3/28/2023 11:44:38 AM
Signed: 3/28/2023 11:44:51 AM
Electronic Record and Signature Disclosure:
Accepted: 2/9/2021 6:42:03 AM
ID: e7ed1df6-7283-4780-9d61-7b275de9aa19
Armond Sarkis
[email protected]
Risk Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.222.50.107
Sent: 3/28/2023 11:44:54 AM
Resent: 3/29/2023 9:26:53 AM
Viewed: 3/30/2023 2:28:17 PM
Signed: 3/30/2023 2:28:46 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Allen French
[email protected]
Purchasing Manager
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 3/30/2023 2:28:49 PM
Viewed: 3/30/2023 4:14:31 PM
Signed: 3/30/2023 4:14:36 PM
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Veronica Nebb
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 75.101.37.162
Sent: 3/30/2023 4:14:39 PM
Resent: 3/30/2023 4:43:06 PM
Viewed: 3/30/2023 4:51:43 PM
Signed: 3/30/2023 4:52:33 PM
Electronic Record and Signature Disclosure:
Accepted: 6/23/2021 5:11:28 PM
ID: efeca5c8-5bd2-4390-adf5-bad54db96447
Michael Malone
[email protected]
City Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 71.128.39.127
Sent: 3/30/2023 4:52:36 PM
Viewed: 3/30/2023 5:23:30 PM
Signed: 3/30/2023 5:23:47 PM
Electronic Record and Signature Disclosure:
Accepted: 4/12/2020 2:08:19 PM
ID: a860947a-3e66-4b93-b9ec-f5e39f7bbae0
Dawn G. Abrahamson
[email protected]
City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.249.149.74
Signed using mobile
Sent: 3/30/2023 5:23:50 PM
Viewed: 3/30/2023 6:16:11 PM
Signed: 3/30/2023 6:16:28 PM
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In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
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Angelina Joya
[email protected]
Deputy City Clerk
City of Vallejo
Security Level: Email, Account Authentication
(None)
Sent: 3/30/2023 6:16:31 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Anthony Cook
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 3/30/2023 6:16:32 PM
Electronic Record and Signature Disclosure:
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Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/28/2023 11:04:47 AM
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Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Vallejo (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.
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All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 10/10/2019 1:09:10 PM Parties agreed to: Christine Godinez, Christina Ratcliffe, Veronica Nebb, Michael Malone Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.
How to contact City of Vallejo:
You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:
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To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.
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CONSENT CALENDAR 8.R.
DATE: May 28, 2024
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Chief of Police
SUBJECT: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH FLOCK SAFETY FOR CAMERAS IN THE AMOUNT OF $1,492,500 FOR A TERM OF 60-MONTHS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution authorizing the City Manager to execute an agreement with Flock Safety for the renewal of automated license plate readers (Flock Falcons) and security cameras (Flock Condors) in an amount not to exceed $1,492,500 over a term of 60 months.
REASONS FOR RECOMMENDATION
During the past several years, sworn staffing has continued to decrease. Consequently, retaining technology that has been successful in reducing crime is urgently needed. Flock Safety cameras optimize the department’s limited resources by utilizing advanced technology and efficient investigative techniques. For the aforementioned reasons, the valuable information derived from the cameras justifies the renewal of this contract.
BACKGROUND AND DISCUSSION
The Flock Safety cameras were first implemented in Vallejo during 2020 with an initial installation of 10 Flock ALPR cameras and expanding over the course of 3 years to total 101 Flock ALPR cameras and 15 Flock security cameras. Flock Safety cameras are investigative tools designed to prevent and solve crimes using state-of-the-art technology. The ALPR camera system recognizes temporary plates, no plates, covered plates, state detection and two lanes of traffic. The security cameras provide situational awareness and captures people and objects (i.e. guns). The cameras assist the department in addressing the following concerns:
violent crimes, prostitution, illegal dumping, sideshow enforcement and deterrence, auto theft, and residential and commercial burglary. These cameras are not designed to be traffic enforcement cameras and not used by the department for traffic enforcement measures.
To date, the ALPR cameras have been successful in locating and apprehending stolen vehicles and criminal offenders. Department data shows that these offenders were also committing other crimes such as: weapons possession, drug possession, probation violations, and subjects with outstanding warrants. The technology provides invaluable leads for detectives during follow-up investigations. The ability to track the whereabouts of wanted subjects associated to wanted vehicles has also increased apprehensions and increased officer-safety during arrest operations. The cameras have also been beneficial in both real-time and post-event applications. For example, the security camera located at Sonoma Boulevard and Lemon Street is regularly used to monitor critical events such as sideshows in real-time.
The renewal contract for the existing 116 devices is $298,500 annually. Currently, Flock Safety expenses are paid using the California Supplemental Law Enforcement Special Account Funding (SLESA). The budgeted monies available from SLESA annually are insufficient to cover this on-going annual cost over the term of the contract. Historically, SLESA funding had been primarily used to pay for training and equipment, which are not covered by other funding sources. SLESA funds are also use to test/pilot new technology such as body-worn Date: May 28, 2024
Subject: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH FLOCK SAFETY FOR CAMERAS IN THE AMOUNT OF $1,492,500 FOR A TERM OF 60-MONTHS AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
cameras and in-car cameras, which once proven to be successful are transitioned to the Police Department’s General Fund budget. Critical training, equipment needs, and new technology pilot programs cannot be addressed using SLESA monies if all the funds are dedicated to Flock Safety.
FISCAL IMPACT
The fiscal impact of the Flock Safety camera program is $298,500 annually for 5 years. Staff recommends funding for year 1 of the contract continue to be allocated through the department’s SLESA (Fund#151) funds.
Additionally, the 2005-1B Mare Island CFD (Fund#114) will continue to fund 10 residential cameras.
Staff is currently exploring various state and federal funding options for out-going years including proposing this project to the Measure P Oversight Committee and/or the General Fund utilizing salary savings via freezing a Police Officer position (FTE).
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. Flock Safety Resolution CAO Stamp
2. MSA - CA - Vallejo PD - Law Enforcement Agreement CAO Stamp
3. CA - Vallejo PD - Law Enforcement Agreement CAO Stamp
CONTACT
Jason Ta, Interim Chief of Police (707) 648-4540
[email protected]
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING
AN AGREEMENT WITH FLOCK SAFETY FOR CAMERAS IN AN AMOUNT NOT TO EXCEED $1,492,500 FOR A TERM OF 60-MONTHS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SAME
WHEREAS, Flock Safety cameras were first implemented in Vallejo during 2020 with an initial installation of 10 Flock automated license plate reader (ALPR) cameras and expanding over the course of 3 years to total 101 Flock ALPR cameras and 15 Flock security cameras; and
WHEREAS, Flock Safety cameras are investigative tools designed to prevent and solve crimes using state-of-the-art technology; and
WHEREAS, During the past several years, sworn staffing has continued to decrease and retaining technology that has been successful in reducing crime is urgently needed.
NOW, THEREFORE BE IT RESOLVED that the Master Services Agreement with Flock Safety in an amount not to exceed $1,492,500, is hereby approved, and the City Manager is authorized to execute the same.
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
ROBERT H. McCONNELL, MAYOR
ATTEST:
_____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 03 day of April 2024. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:
RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.
AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.
1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.
1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.
1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.
1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.
1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.
1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.
1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.
1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).
1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.
1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.
1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.
1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes. Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.
1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.
1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.
1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.
1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
2. SERVICES AND SUPPORT
2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of Authorized End User which would constitute a breach of this agreement if undertaken by Customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).
2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.
2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).
2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.
Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.
2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day) and Customer shall receive a credit for each day of Service Interruption. For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.
2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).
Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.
2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.
3. CUSTOMER OBLIGATIONS
3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).
3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.
4. DATA USE AND LICENSING
4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell or otherwise distribute Customer Data to any person or entity not specifically authorized by Customer to have Customer Data.
4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell or otherwise distribute Customer Generated Data to any person or entity not specifically authorized by Customer to have Customer Generated Data.
4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell or otherwise distribute Anonymized Data to any person or entity not specifically authorized to have Anonymized Data. Flock shall, to the fullest extent permitted by law, indemnify and hold Customer harmless, including the costs of defense with an attorney approved by Customer (such approval not to be unreasonably withheld) for any resulting liability arising from the negligent or willful failure by Flock to anonymize Customer Data and Customer Generated Data as set forth in this section 4.3.
5. CONFIDENTIALITY; DISCLOSURES
5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).
Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement.
Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is a trade secret shall continue in perpetuity or until such information is no longer a trade secret.
Notwithstanding anything to the contrary in this section 5.1, the Parties recognize that Customer is obligated to comply with the California Public Records Act and that said compliance will not be deemed a breach of this Agreement.
5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.
Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.
5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations. Flock shall, to the fullest extent permitted by law, indemnify and hold Customer harmless for any such disclosure by Flock that is negligent or willful and for the wrongful disclosure or use of the footage arising from such disclosure. Flock shall pay all damages, costs and attorney fees of Customer for any action of any kind against Customer related to or arising from Flock’s negligent or wrongful disclosure of any such footage.
6. PAYMENT OF FEES
6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.
6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).
6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.
6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and
Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.
7. TERM AND TERMINATION
7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) .
7.2 Termination. After the expiration of the initial term, either party may terminate this agreement with 60-days’ notice to the non-terminating party. Upon termination or expiration of this Agreement after the initial term, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.
7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and
11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.
8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.
8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.
FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY
APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.
8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.
8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.
9. LIMITATION OF LIABILITY; INDEMNITY
9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,
FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL
KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS
THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,
EXCEED THE POLICY LIMITS OF FLOCKS INSURANCE AS SET FORTH IN EXHIBIT
B WHETHER OR NOT THOSE POLICIES ARE IN EFFECT, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT
ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION
11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING
LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS. THIS SECTION 9.1 SHALL NOT LIMIT FLOCK’S LIABILITY AS TO ANY THIRD PARTY THAT IS NOT A PARTY TO THIS AGREEMENT.
9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.
9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees.
10. INSTALLATION SERVICES AND OBLIGATIONS
10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right. Flock agrees to comply with all applicable California state laws related to the payment of prevailing wage to employees installing the Flock Equipment.
10.2 Installation Indemnification. Flock shall, to the fullest extent permitted by law, indemnify and hold harmless the City, its employees, its agents, its attorneys and consultants for all acts or omissions by any Flock employee, contractor or subcontractor committed during the installation or removal of any Flock equipment. Said indemnification shall, for the term of this Agreement, extend to any dangerous condition of public property created or caused by any Flock employee, contractor or subcontractor. Said indemnification shall include the costs of defense, including, but not limited to, attorney fees, expert fees and court costs. The City’s negligent or willful acts are excluded from this indemnification.
10.3 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.
10.4 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.
10.5 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.
10.6 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.
11. MISCELLANEOUS
11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).
11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.
11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.
11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.
11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.
11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.
11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.
11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.
11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section
2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.
Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.
11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.
11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.
11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.
11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock’s reputation, Flock shall have the option to terminate this Agreement upon 60 days prior written notice to Customer.
11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.
11.16 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:
ADDRESS:
ATTN:
EMAIL:
EXHIBIT B
INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.
Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
Flock Safety + CA - Vallejo PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:
Graham Carter
[email protected]
(415) 329-1307
Company Overview
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.
Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.
Join thousands of agencies reducing crime with Flock Safety’s public safety operating system 2000+ 120 1B+ <60%*
communities with privatepublic partnershipsincident alerts / minute 1B+ vehicles detected / month
<60% local crime reduction
in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.
Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.
Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.
The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:
California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.
Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.
Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.
Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.
Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.
Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.
Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.
Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.
License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.
√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.
√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance
Video
Dramatically increase the effectiveness of your investment in vehicle recognition by layering live video. Live video streaming and retention provide officers more context before arriving on the scene of an incident (i.e., enhanced situational awareness) and more substantial evidence during post-incident case resolution, promoting safety and crime reduction.
Display live video streams, retain video footage, and sift through video footage from third-party and Flock Safety video cameras.
Flock Safety Wing™ Integration Flock Safety Condor™ Video Integrate third-party live video streams to bolster LPR effectiveness with situational awareness. Build better cases with a built-in video management system (VMS). Collect and manage video evidence with 7-day footage retention, instant replay, and downloadable MP4 evidence.
Access real-time and recorded video with a video-as-aservice subscription. Respond to incidents more confidently and solve more crime without managing hardware
procurement, installation, or infrastructure and IT
maintenance.
Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.
Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.
User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.
Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.
Note: Ongoing maintenance does not apply to Falcon Flex devices.
Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.
Media Relations
Share crimes solved in the local media with the help of our Public Relations team.
EXHIBIT A
ORDER FORM
Customer: CA - Vallejo PD Initial Term: 60 Months
Legal Entity Name: CA - Vallejo PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 111 Amador Street Vallejo, California 94590 Billing Frequency: Annual - First Year at Signing.
Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $298,500.00
Flock Safety Flock OS
FlockOS ™ - Essentials Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 99 Included
Flock Safety Falcon ® Flex Included 2 Included
Flock Safety Video Products
Flock Safety Condor ™ PTZ w/ LTE Service Included 15 Included Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $298,500.00
Annual Recurring Subtotal: $298,500.00
Discounts: $252,500.00
Estimated Tax: $0.00
Contract Total: $1,492,500.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $298,500.00
Annual Recurring after Year 1 $298,500.00
Contract Total $1,492,500.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $252,500.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
Product and Services Description
Flock Safety Platform Items Product Description Terms
FlockOS™ Flock Safety’s situational awareness operating system.
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.
The Term shall commence upon first installation and validation of Flock Hardware.
Flock Safety Falcon® Flex
An infrastructure-free, location-flexible license plate reader camera that enables the Customer to self-install.
The Term shall commence upon execution of this Statement of Work.
Flock Safety Condor™
Flock’s pan, tilt, zoom (PTZ) or fixed cameras which capture video footage with the option to stream live video, capture and view video recordings, and upload videos.
The Term shall commence upon first installation and validation of Flock Hardware.
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.
Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.
FlockOS Features & Description
FlockOS Features Description
Community Network Access Access to all privately owned Flock devices within your jurisdiction that have been shared with you.
Unlimited Users Unlimited users for FlockOS
State Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.
Nationwide Network (License Plate Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.
Law Enforcement Network Access Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.
Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.
Insights & Analytics Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.
ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.
The Parties have executed this Agreement as of the dates set forth below.
FLOCK GROUP, INC. Customer: CA - Vallejo PD
By:
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By:
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Name:
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Name:
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Title:
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Title:
\FSTitle1\
Date:
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Date:
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PO Number:
ACTION ITEM 8.S.
DATE: May 28, 2024
TO: Mayor and Members of the City Council
FROM: Natalie Peterson, Assistant to the City Manager
SUBJECT: CONSIDER AND ADOPT A RESOLUTION AUTHORIZING THE DISPLAY OF
TWO CITY COMMEMORATIVE FLAGS
RECOMMENDATION
Consider and adopt a resolution authorizing City Staff to display the Juneteenth and Pride City commemorative flags at city facilities for the dates specified.
REASONS FOR RECOMMENDATION
Per the Administrative Policy on display of commemorative flags, City Council approval is needed for commemorative flags to be flown at City Hall.
BACKGROUND AND DISCUSSION
At the January 26, 2021 City Council meeting, an Administrative Rule regarding the display of flags at City facilities was authorized by the City Council. The Administrative Rule requires the adoption of a resolution to authorize the display of commemorative flags at City facilities for a limited duration. Per the Rule, these displays are limited to two locations: City Hall and Martin Luther King Jr. Park/Marina Vista.
This year, the community indicated its interest in having the City display the following flags:
1. The African-American Family Reunion Committee recommends the display of the Juneteenth flag for the month of June 2024 (MLK Park).
2. Representatives of the Vallejo Gay Network and the Stonewall Democratic Club of Solano County recommend the City display a Pride Flag for the month of June 2024 (City Hall).
FISCAL IMPACT
There is no fiscal impact with the approval of this item.
ENVIRONMENTAL REVIEW
This action relates to the approval of displaying commemorative flags at City facilities. As such, this action is not a project under the California Environmental Quality Act (CEQA) and is thus exempt from CEQA pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. Reso Authorizing Display of commemorative Flags CAO stamp
CONTACT
Date: May 28, 2024
Subject: CONSIDER AND ADOPT A RESOLUTION AUTHORIZING THE DISPLAY OF
TWO CITY COMMEMORATIVE FLAGS
Natalie Peterson, Assistant to the City Manager (707) 649-3415 [email protected]
RESOLUTION NO. 24-_______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO
AUTHORIZING CITY STAFF TO DISPLAY CITY COMMEMORATIVE FLAGS FOR
JUNETEENTH AND PRIDE
WHEREAS, on June 26, 2021, the City Council adopted an administrative rule governing the display of City commemorative flags on City-owned flag poles; and WHEREAS, the adopted administrative rule requires adoption of a resolution by the City Council to authorize the display of City commemorative flags; and WHEREAS, per the administrative rule, display of such commemorative flags is limited to the flag poles at City Hall and Martin Luther King Jr. Park/Marina Vista; and WHEREAS, the City Council desires to express City support for Juneteenth and Pride by the display of commemorative flags; and
WHEREAS, the African American Family Reunion Committee and the Vallejo Gay Network and Stonewall Democratic Club of Solano County have recommended the display of the commemorative flags commensurate with their communications sent to the City; and
WHEREAS, the City Council desires that City staff display the flags as set forth below.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby directs and authorizes the City Manager, consistent with the administrative rule governing the display of City commemorative flags on City flag poles, to display the following commemorative flags on the following dates:
1. Juneteenth Month of June 2024 (MLK Park)
2. Pride Month of June 2024 (City Hall)
PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting thereof held on May 28, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Robert H. McConnell
ATTEST:
Dawn Abrahamson, City Clerk
APPROVED AS TO FORM:
Veronica A.F. Nebb, City Attorney
ACTION ITEM 9.A.
DATE: May 28, 2024
TO: Mayor and Members of the City Council
FROM: Jason Ta, Interim Chief of Police
SUBJECT: CONSIDERATION OF AND FINDING TO CONTINUE THE STATE OF LOCAL
EMERGENCY RELATING TO PUBLIC SAFETY STAFFING AND UPDATE ON ACTIONS
TAKEN TO DATE
RECOMMENDATION
Receive the update and confirm the continued existance of the conditions leading to the declaration of a state of local emergency.
REASONS FOR RECOMMENDATION
As presented at the July 25, 2023 City Council meeting, the City of Vallejo Police Department is facing a significant staffing crisis and the number of sworn staff continues to decline. When presented with this information, City Council unanimously agreed to approve a Proclamation of Emergency. The proclamation allows the City Manager to quickly implement changes related to police staffing and the continuation of providing police services to Vallejo.
State law requires that it be reaffirmed every 60 days. The 60th day since the last confirmation of the proclamation is June 8, 2024.
BACKGROUND AND DISCUSSION
On July 25, 2023, the City Council unanimously voted to approve a Proclamation of Emergency due to the critical staffing levels at the City of Vallejo Police Department. Below is an update on the items previously discussed when the local emergency was declared:
Status of the 4 Phases (as of May 14, 2024):
Phase #1 – Service Model Reduction
This phase has been partially implemented. The department held two town hall meetings to share data and discuss service impacts regarding alarm call response. The department also met with the alarm industry to discuss alarm calls and service impacts. These meetings and discussions concluded on Sept. 7, 2023. At the February 13th council meeting, Council directed staff to proceed with a Verified Response ordinance and protocol.
The "Condition Blue" program has been evaluated and is ready for implementation.
Phase #2 & #3 – Rotation of Officers to Patrol Shifts & Completely Collapsing Traffic and Detective Divisions Phase #2 is completed.
Phase #3 is in progress with the Traffic Division collapsed as of July 2023. Due to returning VPD officers, detectives are no longer filling patrol vacancies.
Phase #4 – Modifying All Patrol Shifts to 12-hour Shifts or Another Staffing Model Date: May 28, 2024
Subject: CONSIDERATION OF AND FINDING TO CONTINUE THE STATE OF LOCAL
EMERGENCY RELATING TO PUBLIC SAFETY STAFFING AND UPDATE ON
ACTIONS TAKEN TO DATE
It does not appear that the department will be entering into Phase 4.
Current Staffing Numbers (as of May 14, 2024):
Total Sworn Staffing: 74
Number of Officers Working Patrol: 37
Outside Agency Assistance:
On March 12, 2024, the City Council unanimously adopted a resolution notifying the Solano County Board of Supervisors of the City's desire to receive law enforcement services from the Solano County Sheriff. On April 12, the City of Vallejo provided county counsel with requested data. Currently, county counsel is drafting an MOU to provide Vallejo with law enforcement services.
The City Manager is also in the process of drafting and releasing a Request for Proposal (RFP) for uniformed unarmed and armed security guards.
Emergency Conditions Remain:
As stated above on July 23, 2023, the City Council adopted a proclamation declaring a state of local emergency pursuant to Government Code Section 8550 et. seq. Pursuant to California Government Code Section 8630(c) the City Council is required to review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. Council last reaffirmed the emergency at its April 9, 2024, meeting.
SB 1379, which would allow the Solano County Sheriff's Office and exemption for retired annuitants to assist the City of Vallejo during its staffing crisis. The bill recently passed the Appropriations Committee and will next head to the Senate floor.
Based upon the continuing staffing conditions outlined above, staff requests that the City Council reaffirm the existence of the state of local emergency.
FISCAL IMPACT
There is no immediate financial impact associated with this item. Any potential impact will be brought back to City Council with related costs.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
None
CONTACT
Jason Ta, Interim Chief of Police (707) 648-4540
[email protected]
CONSENT CALENDAR 9.B.
DATE: May 28, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO: (1) AMENDING RESOLUTION NO. 22-213 N.C. TO REALLOCATE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS IN THE AMOUNT OF $900,000 PREVIOUSLY ALLOCATED
TOWARD PROPERTY MAINTENANCE RELATING TO PROPERTIES THE CITY IS NO LONGER ACQUIRING AND $1,100,000 FROM THE SACRAMENTO STREET PROJECT, REALLOCATING SAID AMOUNTS TOWARD THE BROADWAY PROJECT; AND (2) AMENDING RESOLUTION 24-047 AND ALLOCATING UNSPENT ARPA FUNDS IN THE AMOUNT OF $1,270,335 TOWARD THE BROADWAY PROJECT; AND (3) AMENDING THE CAPITAL GRANTS AND CONTRIBUTION FUND #201 FISCAL YEAR 2023-2024 BUDGET TO RECOGNIZE (a) $3,270,335 IN (ARPA) FUNDING; (b) $3,050,000 IN
MEASURE P FUNDING AND APPROPRIATING FUNDS FOR CONSTRUCTION OF THE BROADWAY PROJECT Project #HKEY22 (STEP 2 OF 2 STEP PROCESS)
RECOMMENDATION
1. Adopt a resolution of the City Council of the City of Vallejo: (1) Amending Resolution NO. 22-213 N.C. to reallocate American Rescue Plan Act (ARPA) funds in the amount of $900,000 previously allocated toward property maintenance relating to properties the City is no longer acquiring and $1,100,000 from the Sacramento Street Project reallocating said amounts toward the Broadway Project; and (2) amending the resolution 24-047 and allocating unspent ARPA funds in the amount of $1,270,335 toward the Broadway Project; and (3) amending the FCapital Grants and Contribution Fund #201 to recognize (a) $3,270,335 in (ARPA) funding; (b) $3,050,000 in Measure P funding and appropriating funds for construction of the Broadway Project, Project # HKEY22 (step 2 of 2 step process);
2. Provide direction to Staff to return with a Measure P funding loan and Affordable Housing/Transfer Agreement, as well as Audit information for the Broadway Project, on June 11, 2024.
REASONS FOR RECOMMENDATION
Affordable housing developers typically rely on a variety of County, State, Federal, and local funding sources.
Affordable housing projects often fall short of the necessary financing due to the competitiveness of these grants and ever-changing fund sources. Funding sources for the acquisition, development, and construction of the Broadway Project come from multiple sources; however, there is still a $6 million gap in funding to complete the construction of the project. This funding gap is predominately due to loss of partner funding for the project, loss of a federal grant opportunity, and construction demobilization/remobilization costs.
The Vallejo City Council has adopted Homeless/Unhoused as a multi-year priority area for the. This project will create 47 permanent supportive housing units (studios) to allow for the chronically homeless to exit homelessness. With homelessness being a priority area for the City and due to the need for additional housing opportunities, Council has provided direction that they plan to own the project once construction is completed.
Date: May 28, 2024
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO: (1) AMENDING RESOLUTION NO. 22-213 N.C. TO REALLOCATE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS IN THE AMOUNT OF $900,000 PREVIOUSLY
ALLOCATED TOWARD PROPERTY MAINTENANCE RELATING TO PROPERTIES THE CITY IS NO LONGER ACQUIRING AND $1,100,000 FROM THE SACRAMENTO
STREET PROJECT, REALLOCATING SAID AMOUNTS TOWARD THE BROADWAY PROJECT; AND (2) AMENDING RESOLUTION 24-047 AND ALLOCATING UNSPENT ARPA FUNDS IN THE AMOUNT OF $1,270,335 TOWARD THE BROADWAY PROJECT; AND (3) AMENDING THE CAPITAL GRANTS AND CONTRIBUTION FUND #201 FISCAL YEAR 2023-2024 BUDGET TO RECOGNIZE (a) $3,270,335 IN (ARPA) FUNDING; (b) $3,050,000 IN MEASURE P FUNDING AND APPROPRIATING FUNDS FOR CONSTRUCTION OF THE BROADWAY PROJECT Project #HKEY22 (STEP 2 OF 2 STEP PROCESS)
Remaining ARPA funds and Measure P funds are available to close the construction gap for the project without dipping into the General Fund reserves.
Prior to the election on Measure P, the Council identified priority spending areas for use of Measure P funds. Those priority areas were confirmed after the election on Measure P. Addressing Homelessness is an identified in the City Council Priority resolution as one of the priority areas for Measure P funding.
BACKGROUND AND DISCUSSION
Background
On May 10, 2022, the City of Vallejo, Firm Foundation Community Housing and Shelter Inc. were designated a California Department of Housing and Community Development Homekey Program (“Homekey”) Round 2 Grant of $11,621,866 to develop and build a permanent supportive housing project to house chronically homeless individuals. On June 10, 2022, the Council accepted the grant and amended the City’s budget to receive the grant. On June 14, 2022, the Council approved a resolution to appropriate Homekey Round 2 grant funding for the Broadway Project.
The Broadway Project ("Project") is a permanent supportive modular housing project designed to house the chronically homeless. The estimated total cost of the Project is $26.64M. Construction began on September 19, 2022 and is anticipated to be completed in September 2024. Residents are expected to move in by December 31, 2024. Firm Foundation currently owns the site and manages the Project and its construction in compliance with Homekey deliverables and timeline regulations. The Project will include 47 permanent supportive housing units (studios), an on-site case manager unit, a community room and courtyard. On-site wrap around services will be provided to facilitate connections to services, benefits, and community resources.
The project is currently 70% built and needs requested funding to finish the project.
The existing State, City and Housing Authority funding amounts for the Broadway Project are summarized below:
Funding Source Amount
State of CA Homekey $11,621,866
City of Vallejo American Rescue Plan Act (ARPA) $390,000 Solano County American Rescue Plan Act (ARPA) $3,000,000 Infill Infrastructure Grant Program $2,559,656
Wells Fargo Grant $90,000
LMIHAF Loan $3,300,000
TOTAL $20,961,522
Date: May 28, 2024
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO: (1) AMENDING RESOLUTION NO. 22-213 N.C. TO REALLOCATE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS IN THE AMOUNT OF $900,000 PREVIOUSLY
ALLOCATED TOWARD PROPERTY MAINTENANCE RELATING TO PROPERTIES THE CITY IS NO LONGER ACQUIRING AND $1,100,000 FROM THE SACRAMENTO
STREET PROJECT, REALLOCATING SAID AMOUNTS TOWARD THE BROADWAY PROJECT; AND (2) AMENDING RESOLUTION 24-047 AND ALLOCATING UNSPENT ARPA FUNDS IN THE AMOUNT OF $1,270,335 TOWARD THE BROADWAY PROJECT; AND (3) AMENDING THE CAPITAL GRANTS AND CONTRIBUTION FUND #201 FISCAL YEAR 2023-2024 BUDGET TO RECOGNIZE (a) $3,270,335 IN (ARPA) FUNDING; (b) $3,050,000 IN MEASURE P FUNDING AND APPROPRIATING FUNDS FOR CONSTRUCTION OF THE BROADWAY PROJECT Project #HKEY22 (STEP 2 OF 2 STEP PROCESS)
Total Project Cost:
Overall Project Budget $23,267,194
Delays Incurred to date $830,949
Project Delays & Added Costs $2,545,733
$26,643,876
Staff met with the Measure P Oversight Committee (MPOC) on April 22, 2024, May 8, 2024 and May 10, 2024 requesting an allocation, providing project information and collaborating on potential solutions. The MPOC recommended a direct allocation of up to $1.3M towards the project to pay the liens on the property. They suggested City Council allocate the remaining necessary funds to close the construction gap from other City funds such as the General Fund reserves.
On May 14, 2024, staff presented step one Notice of Intent to amend the fiscal year 2023-2024 budget in the amount of $6.15M for the Broadway project. Staff proposed the $1.3M MPOC recommended allocation for project liens and the remaining $4.8M to also be allocated from Measure P. At the meeting staff also identified the remaining unspent ARPA funds as $1.1M previously allocated to the Sheriffs contract to be allocated to this project as well.Council also provided direction to staff to present other options to close the remaining construction gap. Council recommended using available American Rescue Plan Act (ARPA) funding, funds from the Measure P Committee’s recommendation to be used towards liens on the project ($1.3M), and to continue to research options for the remainder in funding from sources that could include Measure P, General Fund, or other available funds.
Project Funding Options
City Staff looked into funding options and have come up with the proposed funding plan for Council’s consideration:
• $1,300,000 from Measure P Committee recommendation to be used towards current liens on the project per Resolution NO. 24-001 (attached);
• $1,100,000 from American Rescue Plan Act (ARPA) previously allocated in Resolution NO. 22-213 N.C. towards “Sacramento Street Apartments” (attached) ; • $900,000 from American Rescue Plan Act (ARPA) previously allocated in Resolution NO. 22-213 N.C. towards “School Property Maintenance” (attached);
• $1,270,335 from American Rescue Plan Act (ARPA) scrub in Resolution NO. 24-047 N.C.; Date: May 28, 2024
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO: (1) AMENDING RESOLUTION NO. 22-213 N.C. TO REALLOCATE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS IN THE AMOUNT OF $900,000 PREVIOUSLY
ALLOCATED TOWARD PROPERTY MAINTENANCE RELATING TO PROPERTIES THE CITY IS NO LONGER ACQUIRING AND $1,100,000 FROM THE SACRAMENTO
STREET PROJECT, REALLOCATING SAID AMOUNTS TOWARD THE BROADWAY PROJECT; AND (2) AMENDING RESOLUTION 24-047 AND ALLOCATING UNSPENT ARPA FUNDS IN THE AMOUNT OF $1,270,335 TOWARD THE BROADWAY PROJECT; AND (3) AMENDING THE CAPITAL GRANTS AND CONTRIBUTION FUND #201 FISCAL YEAR 2023-2024 BUDGET TO RECOGNIZE (a) $3,270,335 IN (ARPA) FUNDING; (b) $3,050,000 IN MEASURE P FUNDING AND APPROPRIATING FUNDS FOR CONSTRUCTION OF THE BROADWAY PROJECT Project #HKEY22 (STEP 2 OF 2 STEP PROCESS)
• $1,579,665 from Measure P to be loaned to the project and paid back to the original source at point of sale of the project. Staff recommends the loan from Measure P to retain the GFO Guidelines for the General Fund reserves which recommends a reserve for at least 2.5 months.
Staff will continue to look for any other funding opportunities. Should other funding opportunities come to fruition within the funding timeline, they will be used before using any Measure P loans.
Should the City choose to sell the Broadway Project, the Measure P or General Fund loan to the project will be paid back to the project with a 4% interest from the proceeds of the sale. If direction is provided by Council, staff plans to aggressively pursue sale of the project.
Staff also seeks direction from the Council to actively pursue sale of the Broadway Project to a non-profit owner/operator with capacity to implement the project and program long term.
Property Ownership
Firm Foundation Community Housing currently owns the Broadway Project and ownership of the project will transfer to the City upon construction completion and issuance of a certificate of occupancy. This is outlined in the Declaration of Restrictive Covenant (Attachment 1) that the City has recorded. In the Recitals of the covenant it outlines that “Co-Grantee, Firm Foundation Community Housing will be the Owner of the Property during development of the Permanent Housing. Upon completion of construction of the Permanent Housing and issuance of a certificate of occupancy therefor, Co-Grantee, Firm Foundation Community Housing will transfer the Property to Co-Grantee, City of Vallejo or its designee.” The Affordability Agreement and Measure P loan Agreement will also contain similar language requiring transfer of ownership at point of Certificate of Occupancy of the project.
FISCAL IMPACT
The construction funding gap will be funded as follows:
ARPA reallocation:$3,270,335
Measure P:$1,300,000
Loan from Measure P:$1,579,665
Approval of this item will increase the Capital Outlay Fund #201 budget for Fiscal Year 2023-2024 by $6,150,000 for the construction of the Broadway Project #HKEY22.
Date: May 28, 2024
Subject: ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO: (1) AMENDING RESOLUTION NO. 22-213 N.C. TO REALLOCATE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS IN THE AMOUNT OF $900,000 PREVIOUSLY
ALLOCATED TOWARD PROPERTY MAINTENANCE RELATING TO PROPERTIES THE CITY IS NO LONGER ACQUIRING AND $1,100,000 FROM THE SACRAMENTO
STREET PROJECT, REALLOCATING SAID AMOUNTS TOWARD THE BROADWAY PROJECT; AND (2) AMENDING RESOLUTION 24-047 AND ALLOCATING UNSPENT ARPA FUNDS IN THE AMOUNT OF $1,270,335 TOWARD THE BROADWAY PROJECT; AND (3) AMENDING THE CAPITAL GRANTS AND CONTRIBUTION FUND #201 FISCAL YEAR 2023-2024 BUDGET TO RECOGNIZE (a) $3,270,335 IN (ARPA) FUNDING; (b) $3,050,000 IN MEASURE P FUNDING AND APPROPRIATING FUNDS FOR CONSTRUCTION OF THE BROADWAY PROJECT Project #HKEY22 (STEP 2 OF 2 STEP PROCESS)
ENVIRONMENTAL REVIEW
The City filed a Notice of Exemption with the Clerk of the Board of Supervisors of the County of Solano and with the Office of Planning and Research for the Broadway Project on July 6, 2022.
ATTACHMENTS
1. 2023-24 Budget Amendment Reso - Broadway Project CAO Stamp_
2. Declaration of Restrictive Covenants - Homekey Program - Broadway Project
3. Measure P Recommendation Reso 24-001 for Brodaway Proj EXECUTED
CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]
1 RESOLUTION NO. ________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO: (1) AMENDING RESOLUTION NO. 22-213 N.C. TO REALLOCATE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS IN THE AMOUNT OF $900,000
PREVIOUSLY ALLOCATED TOWARD PROPERTY MAINTENANCE RELATING TO PROPERTIES THE CITY IS NO LONGER ACQUIRING AND $1,100,000 FROM THE SACRAMENTO STREET PROJECT, REALLOCATING SAID AMOUNTS TOWARD THE BROADWAY PROJECT; AND (2) AMENDING RESOLUTION 24-047 AND ALLOCATING UNSPENT ARPA FUNDS IN THE AMOUNT OF $1,270,335 TOWARD THE BROADWAY PROJECT; AND (3) AMENDING THE CAPITAL GRANTS AND CONTRIBUTION FUND #201 FISCAL YEAR 2023-2024 BUDGET TO RECOGNIZE (a) $3,270,335 IN (ARPA) FUNDING; (b) $3,050,000 IN MEASURE P
FUNDING AND APPROPRIATING FUNDS FOR CONSTRUCTION OF THE BROADWAY PROJECT, PROEJCT #HKEY22 (STEP 2 OF 2 STEP PROCESS)
WHEREAS, Firm Foundation is constructing the Broadway Project, a 47-unit Permanent Supportive Housing Project, with 1 managers unit (total 48 Units), that will provide wrap around services to the chronically homeless population in Vallejo (“Project”); and
WHEREAS, the City of Vallejo has co-applied with Firm Foundation and Shelter, Inc to obtain grant funding for the Project through a Project HOMEKEY grant in the amount of $11,621,866; and WHEREAS, the City of Vallejo applied for and received an Infill Infrastructure Grant for the Project in the amount of $2,559,656 and assigned American Rescue Plan Act (“ARPA”) funding to the Project in the amount of $390,000 from the City’s ARPA allocation, $3,000,000 from the County of Solano ARPA allocation; and WHEREAS, the City also granted the Project a Loan in the amount of $3,300,000 from the City’s Low and Moderate Income Housing Asset Fund; and
WHEREAS, Well Fargo granted directly to Firm Foundation $90,000 toward the Project; and WHEREAS, the City originally submitted to HUD a HOME ARP Action Plan, originally approved by HUD in the amount of $2,000,000 for the Project. Subsequently, more than a year after application and approval of the Plan, the City learned from HUD, that notwithstanding their previous approval, the HOME ARP Regulations would not permit use of HOME ARP funds for construction of permanent supportive housing for the Homeless.
Such action meant that the Project HOMEKEY funding and HOME ARP funding could not be used together for a homeless permanent housing project; and
WHEREAS, Shelter Inc., the other Co-Applicant for the Project HOMEKEY funds, pledged to Firm Foundation $2,000,000 toward construction of the Project and contemplated being the owner operator of the Project in return; and
WHEREAS, the City recently learned that Shelter Inc. was no longer willing to financially participate in the Project; and
WHEREAS, due to the loss of HOME ARP funding and the Shelter Inc. funding, the Project experienced significant shortfalls resulting in mechanic’s Liens and a pause of construction. The pause of construction 2 necessitated by the funding losses resulted in additional costs associated with project demobilization and remobilization in the amount of approximately $2,150,000; and WHEREAS, Project is at 70% construction completion and has an approximately $6,150,000 gap in construction due the funding losses and increased costs; and
WHEREAS, the Project is an important future asset to help in providing shelter and services to Vallejo’s most vulnerable population; and
WHEREAS, the City of Vallejo received second tranche funding from the ARPA in July of 2022; and WHEREAS, on December 20, 2022, the Vallejo City Council adopted resolution No. 22-213 amending the fiscal year 2022-2023 budget to appropriate expenditures from the American Rescue Plan Act Second Tranche; and WHEREAS, $900,000 of funds allocated towards maintaining properties contemplated to be owned by the City in Resolution No. 22-213, as “School Property Maintenance” are no longer needed for such purposes; and WHEREAS, on May 14, 2024, the City Council directed staff to reallocate the unused $900,000 of ARPA funding designated as “School Property Maintenance” allocation to the Broadway Project to assist in closing the construction gap for the Project, so that the Project is completed by the December 2024 occupancy deadline in the HOMEKEY grant; and
WHEREAS, Resolution No. 22-213 amending the fiscal year 2022-2023 budget to appropriate expenditures from the American Rescue Plan Act Second Tranche also allocated $1,100,000 of funds toward “Sacramento Street Apartments”. Such funding is no longer needed for the Sacramento Street Project due to funds associated with a HUD Voluntary Grant Reduction being less than originally budgeted for; and WHEREAS, on May 14, 2024, the City Council directed staff to also reallocate the unused $1,100,000 of ARPA funding from the Sacramento Street Project to the Broadway Project to assist in closing the construction gap so that the project is completed by the December 2024 occupancy deadline in the HOMEKEY grant; and WHEREAS, on April 23, 2024, the City Council adopted Resolution No. 24-047 to reallocate unspent ARPA funds previously allocated to other projects, and hold temporarily as undesignated; and WHEREAS, on May 14, 2024 the City Council considered a recommendation by the Measure P Oversight Committee for funding from Measure P in the amount of $1,300,000 of direct allocation to cover Broadway project liens; and
WHEREAS, on May 14, 2024 the City Council considered a staff recommended for a City loan to the Broadway Project to cover the remaining construction gap; and
WHEREAS, staff has recalculated the remaining construction gap and determined with all of the adjustments set forth above, the construction gap would be $1,579,665; and WHEREAS, Staff is suggesting that the remaining construction gap be funded by a Loan of Measure P funds, which Loan would be initially made to Firm Foundation, subject to a Loan Agreement and Affordable Housing/Transfer Agreement requiring the Project and Measure P Loan be transferred to the City upon the issuance of a Certificate of Occupancy for the Project; and WHEREAS, staff will return on June 11, 2024 with a loan agreement for the $1,579,665 Measure P Loan, an Affordable Housing/Transfer Agreement including the requirement for the Project and Loan to transfer to City ownership upon certificate of occupancy, and requiring the payoff of said loan upon sale of the Project by the City to a non-profit owner upon terms and conditions to be set forth in the Affordable Housing/Transfer Agreement.
3 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Vallejo hereby amends Resolution No. 22-213 and reallocates the $900,000 previously allocated toward “School Property Maintenace” and $1,100,000 previously allocated toward “Sacramento Street Apartments” to the construction of the Broadway Project in order to, with other funding approved concurrently herewith, close the construction gap and complete the Project.
BE IT FURTHER RESOLVED that the City Council of the City of Vallejo hereby amends Resolution No. 24-047 and reallocates the $1,270,335 previously undesignated to the construction of the Broadway Project.
BE IT FURTHER RESOLVED that the City Council hereby allocates: (1) $1,300,000 of Measure P funding to be a direct allocation to cover Broadway project liens; and (2) $1,579, 665 of Measure P funding in the form of a loan to the Project which Loan would be initially made to Firm Foundation, subject to a Loan Agreement and Affordable Housing/Transfer Agreement requiring the Project and Measure P Loan be transferred to the City upon the issuance of a Certificate of Occupancy for the Project and requiring the payoff of said loan upon sale of the Project by the City; and
BE IT FURTHER RESOLVED, staff is directed to return on June 11, 2024 with a loan agreement for the $1,579,665 Measure P Loan, an Affordable Housing/Transfer Agreement including the requirement of the project to transfer to City ownership upon issuance of a certificate of occupancy.
BE IT FURTHER RESOLVED, that the City Council of the City of Vallejo hereby approves an amendment to the Capital Grants and Contribution Fund #221 fiscal year 2023-2024 budget to recognize revenues and appropriate funds for expenditures related to construction of the Broadway Project in the amount of $6,150,000 Adopted by the Council of the City of Vallejo at a regular meeting held on May 28, 2024 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
WHEN RECORDED, MAIL TO:
OFFICE OF CITY CLERK
CITY OF VALLEJO
555 SANTA CLARA STREET
VALLEJO, CA 94590
EXEMPT FROM RECORDING FEES
PURSUANT TO GOVERNMENT CODE
SECTION 6103
Recordett ln Ometal Records, d Solano Countv Doo#: 2023[10836224 812212023 2:16:05 PM
CONFORMED COPY
CITY OF VALLEJO
DECLARATION OF RESTRICTIVE COVENANTS
HOMEKEY PROGRAM - BROADWAY PROJECT ?i
.4- ,-b - -1 - I-/ r- - -
FREE RECORDING IN
ACCORDANCE
WITH CALIFORNIA GOVERNMENT
CODE SECTIONS 6103 AND 27383
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Homekey Program
Department of Housing and
Community Development
P.O. Box 952052
Sacramento, CA 94252-2052
DECLARATION OF RESTRICTIVE COVENANTS
This Declaration of Restrictive Covenants (the "Declaration"), dated July 5 , 2022 for reference purposes only, by the City ofVallejo, a municipal corporation, and its successors, assigns and transferees (the Owner"), is hereby given to and on behalf of the Department of Housing and Community Development, a public agency ofthe State of California (the "Department").
RECITALS
This Declaration affects that certain real property commonly known as Assessofs Parcel No. 0067-140-150 and located on Broadway Street in the City of Vallejo, County of Solano, State of California, as more particularly described in the Legal Description attached hereto as Exhibit A and incorporated herein by this reference (the "Property") and is entered into based on the following facts and understandings: ---
1 . City of Vallejo, Firm Foundation Community Housing, and Shelter, Inc. ("Grantee") (each, a "Co-Grantee," and collectively, the "Grantee") and the Department entered into an agreement 21 -HI<-17234 dated May 23, 2022, (the "Standard Agreement"), under the Department’s Homekey Program ("Homekey," "Program," or "Homekey Program").
2. Co-Grantee, Firm Foundation Community Housing will be the Owner of the Property during development of the Permanent Housing. Upon completion of construction of the Permanent Housing and issuance of a certificate of Declaration of Restrictive Covenants
Homekey Program (Round 2) NOFA: 9/9/21 and amended 1/14/2022 Owner: City ofVallejo
Project: Broadway Project
Approved Date: 03/03/2022
Prep: July’5, 2022
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occupancy therefor, Co-Grantee, Firm Foundation Community Housing will transfer the Property to Co-Grantee, City of Vallejo or its designee.
3. The statutory basis for the Homekey Program is Health and Safety Code section 50675. 1 . 1 . Assembly Bill No. 83 (2019-2020 Reg. Sess.) added sections 50675. 1 . 1 and 50675. 1 .2 to the Multifamily Housing Program CMHP" or "MHP Program") (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code).
4. Assembly Bill No. 140 (2021-2022 Reg. Sess.) provided the statutory basis for Round 2 of the Homekey Program by adding section 50675. 1 .3 to the Health and Safety Code and the MHP Program.
5,. The Department issued a Notice of Funding Availability for. Round 2 of the Homekey ,Program• on September 9,- 2021 ,< and amended it on January 14, 2022 (the Notice of Funding Availability as amended shall be referenced herein as "NOFAD. The NOFA incorporates by reference the MHP Program, as well as the MHP Final Guidelines ("MHP Guidelines"), dated June 19, 2019, both as amended and in effect from time to time. The Round 2 Homekey grant funds are derived primarily from the state’s direct allocation ofthe federal Coronavirus State Fiscal Recovery Fund ("CSFRF"), which was established by the American Rescue Plan Act of 2021 ("ARPA") (Pub. L. No. 117-2). Additional funding is derived from the state’s General Fund.
6. The MHP Program, the NOFA, the MHP Guidelines, ARPA, federal interpretive guidance relating to ARPA, and the Standard Agreement comprise the "Program Requirements."
7. Pursuant to the terms of the Standard Agreement, the Department agreed to provide the Grantee with a grant under the Program (the "Grant") in an amount not to exceed $12,091 ,866 which amount includes $12,091 , 866 of CSFRF money for capital expenditures, and $0 of State General Fund money for a capitalized operating subsidy. ,-
8. The Standard Agreement requires the Grantee to acquire the Property, and to ensure that it shall be used to provide decent, safe, and sanitary Permanent Housing (as defined below) for individuals and families who are experiencing homelessness or who are at risk of homelessness, as defined in Part 578.3 of Title 24 of the Code of Federal Regulations, and who are inherently impacted by or at increased risk for medical diseases or conditions due to the COVID-19 pandemic or other communicable diseases (the "Target Population"). For purposes of this Declaration, "Permanent Housing" is defined in accordance with the NOFA and means any housing, dwellings, or other living Declaration of Restrictive Covenants
Homekey Program (Round 2)
NOFA: 9/9/21 and amended 1 /14/2022
Owner: City ofVallejo
Project: Broadway Project
Approved Date: 03/03/2022
Prep: July 5, 2022
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accommodations where the landlord does not limit the tenant’s length of tenancy, the landlord does not restrict the tenant’s movements, and the tenant has a lease and is subject to the rights and responsibilities of tenancy.
9. As consideration for the Homekey Program Grant, the Owner agreed to enter into this Declaration to restrict the development, use and occupancy of the Property to the continued and lawful operation of the Permanent Housing thereon.
10. The term "Owner" as used in this Declaration shall include all successors, assigns and transfereesto orofany or all ofthe Owner’s interest in the Property and the Permanent Housing.
NOW, THEREFORE, inconsideration of the Department’s Grant to the Grantee and for other valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged, the Owner hereby covenants, agrees and declares that the Property shall be owned, held, used, maintained, and transferred pursuant to the following restrictive covenants, conditions, restrictions, and limitations ("Covenants"). Such Covenants shall be binding upon all of Owner’s successors, assigns and transferees to or of the Property, and upon all leases, tenants, contractors, agents, and persons claiming an interest in the Property, or claiming an interest by and through any of the foregoing.
COVENANTS
1 . - Operation of Permanent Housing. Owner, for itself and for its successors and assigns, hereby declares and covenants that use of the Property is restricted to the operation of the Permanent Housing, to uses ancillary to such Permanent Housing, and to such other uses as may be approved by the Department in its sole and absolute discretion. The Permanent Housing shall include, at a minimum, the number and size of units that are described in Exhibit B, which is attached hereto and incorporated by this reference. Furthermore, such units shall be subject to the occupancy restrictions that are set forth and more fully described in said Exhibit B.
2. Maintenance, Repair, and Improvement of the Propertv and the Permanent Housing. Ovyner agrees:
a. To keep the Property in decent, safe, sanitary, tenantable condition and repair, and to permit no waste thereof;
b. Not to commit or suffer to be done or exist on or about the Property any condition causing the Property to become less valuable, except in accordance wRh these Covenants;
Declaration of Restrictive Covenants
Homekey Program (Round 2)
NOFA: 9/9/21 and amended 1 /14/2022
Owner: City of Valiejo
Project: Broadway Project
Approved Date: 03/03/2022
Prep: July 5, 2022
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c. Not to construct any buildings or improvements on the Property, other than the buildings and improvements contemplated as part of the Permanent Housing; or add to, remove, demolish or structurally alter any buildings or improvements now or hereinafter located on the Property;
d . To promptly repair, restore or rebuild any buildings or improvements on the Property that may be damaged or destroyed while subject to this Declaration;
e. To comply with all applicable laws affecting the Properly, and not to suffer or permit any violations of any such applicable law, nor of any , covenant,•condition or restriction affecting the Property; f. Not to initiate or acquiesce in any change in any zoning or other land use or legal classification which affects any of the Property without the Department’s prior written consent; and
g. Not to alter the use of all or any part of the Property without the Department’s prior written consent.
3. Restrictions on Sale, Encumbrance, and Other Acts.
a. Owner shall not, except with the Department’s prior written consent, make any sale, encumbrance, hypothecation, assignment,
refinancing, pledge, conveyance, or transfer of the Property, the Permanent Housing, or of any of its interest in either of them. b. If the Department determines, in its sole and absolute discretion, to grant its prior written consent for a sale, transfer or conveyance of the Property or the Permanent Housing, such consent may impose terms and conditions, as necessary, to preserve or establish the fiscal integrity ofthe Property orthe Permanent Housing, orto Łnsure compliance with the Program Requirements.
4. Charges: Liens. Owner shall pay all taxes, assessments, and other charges, fines and impositions attributable to the Property or to the Permanent Housing, if any, by Owner making payment, when due, directly to the payee thereof. Owner shall promptly furnish to the Department all notices of amounts due under this paragraph, and where Owner makes direct payments, Owner shall promptly furnish to the Department its receipts evidencing such payments. Owner shall pay when due all encumbrances, charges, and liens on the Property or to the Declaration of Restrictive Covenants
Homekey Program (Round 2)
NOFA: 9/9/21 and amended 1 /14/2022
Owner: City of Vallejo
Project: Broadway Project
Approved Date: 03/03/2022
Prep: July 5, 2022
Permanent Housing, and shall make payments on notes or other obligations secured by an interest in the Property or Permanent Housing, with interest in accordance with the terms thereof. Owner shall have the right to contest in good faith any claim or lien, or payment due thereunder, so long as Owner does so diligently and without prejudice to Department.
5. Building Permits. Owner agrees not to apply for or accept any permits for the construction of improvements on the Property that are inconsistent with the lawful operation of the Permanent Housing, as such Permanent Housing is described in Exhibit B hereto.
6. Hazard and Liabilitv Insurance and Condemnation.
a. Owner shall keØp the Property and the Permanent Housing insured against loss by fire and such other hazards, casualties, liabilities and contingencies, and in such amounts and for such periods as required by the Department. All insurance policies and renewals thereof shall be issued by a carrier and in a form acceptable to the Department. b. In the event of any fire or other casualty to the Property or Permanent Housing, or eminent domain proceedings resulting in condemnation of the Property or Permanent Housing or any part thereot the Owner shall have the right to rebuild the Property orthe Permanent Housing, and to use all available insurance or condemnation proceeds therefor, provided that, as determined by the Department in its sole and absolute discretion, (a) such proceeds are sufficient to rebuild the Property or Permanent Housing in a manner that ensures continued operation of the Permanent Housing in accordance with the Program Requirements; and (b) no material breach or default then exists under the Standard Agreement. If the casualty or condemnation affects only part of the Property or Permanent Housing and if total rebuilding is infeasible, then the insurance or . cgndemnation píoceeds may be used for partial rebuilding and/or ’ partial repayment ofthe Grant. The Department has the right but not the obligation to approve the plans and specifications for any major rebuilding, as well as the right but not the obligation to approve disbursements of insurance or condemnation proceeds for rebuilding under a construction escrow or similar arrangement.
7. Covenants Run with the Land. The Property is held and hereafter shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to these Covenants. The foregoing Covenants are intended to constitute both equitable servitudes and covenants running with the land. Owner Declaration of Restrictive Covenants
Homekey Program (Round 2) NOFA: 9/9/21 and amended 1 /14/2022 Owner. City ofVallejo
Project: Broadway Project - Approved ate: 03/03/2022
Prep: July 5, 2022
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expressly acknowledges and agrees that the Covenants are reasonable restraints on the Owner’s right to own, use, maintain, and transfer the Property and any estate or interest therein and are not and shall not be construed to be an unreasonable restraint on alienation. Each and every contract, deed or other instrument hereafter executed covering or conveying the Property, or any portion thereof, shall be held conclusively to have been executed, delivered and accepted subject to such Covenants, regardless of whether such Covenants are set forth in such contract, deed, or other instrument.
8. Binding Effect. Any purchaser of the Property or of any portion of or - interest in the Property, by the acceptance of a deed therefore, whether from the Owner or from any subsequent owner of the Property, or by the signing of a contract or agreement to purchase the Property, shall by the acceptance of such deed or by the signing of such contract or agreement be deemed to have consented to and accepted the Covenants set forth in this Declaration.
9. Term of Declaration. The Covenants in this Declaration shall be binding, effective, and enforceable commencing upon the execution ofthis Declaration, and they shall continue in full force and effect for a period of fifty-five (55) years after a certificate of occupancy or its equivalent has been issued for the Permanent Housing by the local jurisdiction or, if no such certificate is issued, from the date of initial occupancy of the Permanent Housing, regardless of any sale, assignment, transfer, or conveyance (including, without limitation, by foreclosure sale) of the Property or any portion thereof.
10. Default, Remedies. A default under this Declaration or the Standard Agreement shall entitle the Department to any rights, remedies, or damages available at law or in equity, including but not limited to, those that are specified below. The Department’s failure to exercise any specific right or remedy shall not be construed as a waiver of that or any right or remedy. a. Specific Performance. The use, repair, and maintenance of the Property in support of the Permanent Housing is Pia special and unique kind and character, so that a breach of any matŁrialprovision of this Declàration by the Owner would not have an adequate remedy at law. Therefore, the Department’s rights may be enforced by an action for specific performance and such other equitable relief as is provided by the laws of the State of California. b. Iniunctive Relief. In pursuing specific performance of the Covenants, the Department shall be entitled to petition the court for injunctive relief to preserve the Department’s interests in the Property and its rights under this Declaration. Such injunctive relief may include a . court order restraining any development of the Property that is inconsistent with the foregoing Covenants.
Declaration of Restrictive Covenants
Homekey Program (Round 2)
NOFA: 9/9/21 and amended 1 /14/2022
Owner: City ofVallejo
Project: Broadway Project
Approved Date: 03/03/2022
Prep: July 5, 2022
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c. Appointment of Receiver. In conjunction with any other remedy available at law or in equity, the Department may apply to a court of competent jurisdiction for the appointment of a receiver to take over and operate the Property or the Permanent Housing in accordance with the Program Requirements. 11 . Attorneys’ Fees. The prevailing party in an action to enforce this Declaration shall be entitled to reasonable attorneys’ fees as determined by the trier of fact in that forum.
12. Department Review and Inspection.
a. At any time during the term of this Declaration and upon reasonable notice, the Department or its designee may, but is not obligated to, enter and inspect the Property, and inspect all records pertaining to the operation, repair, and maintenance of the Permanent Housing.
Upon request by the Department, the Owner shall notify occupants of upcoming inspections in accordance with state law.
b. The Department may, but is not obligated to, request any other information that it deems necessary to confirm compliance with the foregoing Covenants. The Owner shall provide such requested information within fourteen (14) calendar days of the Department’s written request for the information.
c. The Department shall not, by the fact of making or not making any entries or inspections, or by taking or failing to take any action in response thereto: (i) incur or undertake, or be deemed to incur or undertake, any obligation, duty, or liability whatsoever, whether to the Owner, to the Grantee, or to any other person or entity; (ii) be deemed as approving or disapproving any matter, action, incident, or 7 condition related to the Property or the Permanent Housing; or (iii) 4e deemed as approving or disapproving any matter• related to the ! comßliance of the Property or the Permanent Housing with the Program Requirements or other applicable laws. In no event or circumstance shall the Department’s exercise or non-exercise of its discretion under this paragraph constitute, or be deemŁd or interpreted as constituting, any termination, limitation, alteration, or waiver by the Department of any right, benefit, or remedy under or with respect to this Declaration.
13. Owner Representations. Owner represents and warrants to the Department that: (1 ) Owner has sufficient interest in the Property to support the Declaration of Restrictive Covenants
Homekey Program (Round 2)
NOFA: 9/9/21 and amended 1/14/2022
Owner: City ofVallejo
Project: Broadway Project
Approved Date: 03/03/2022
Prep: July 5, 2022
operation of the Permanent Housing in accordance with the Program Requirements and this Declaration; (2) to Owner’s actual knowledge and belief, there are no agreements, contracts, covenants, conditions, or exclusions to which Owner (or its predecessor in interest) is a party which would, if-enforced, prohibit or restrict the use of the Property in accordance with the terms of this Declaration; (3) Owner has the full right and authority to enter into this Declaration; (4) this Declaration constitutes a valid and legally binding obligation on Owner, enforceable in accordance with its terms; and (5) Owner is duly organized and authorized to do business in the State of California.
14. Amendment, Modification. Owner shall not amend, modify, waive, or release this Declaration, or any part of this Declaration, without the prior and express written consent of an authorized representative of the Department, which consent may be withheld, conditioned, or delay@ in the Department’s sole and absolute discretion. Any amendment, modification, waiver, or release without the prior and express written consent of the Department shall be void.
15. Severabilitv. Every provision of this Declaration is intended to be severable. If any provision of this Declaration is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
16. Governing Law. This Declaration shall be governed by and interpreted under the laws of the State of California.
17. Recordation of Agreement. This Declaration shall be recorded in the Official Records of the County of Solano. The Declaration shall be recorded, and shall remain, as a lien against the Property in first position over all other agreements, covenants, liens, or other matters of record on the Property. [signature page follows]
Declaration of Restrictive Covenants
Homekey Program (Round 2}
NOFA: 9/9/21 and amended 1 /14/2022
Owner: City of Vallejo
Project Broadway Project
Approved Date: 03/03/2022
Prep: July 5, 2022
IN WITNESS WHEREOF
, the Owner has caused this Declaration to be signed by its duly authorized representative, as of the day and year first written above.
OWNER:
CITY OF VALLEJO,A MUNICIPAL CORPORATION-
By:/li’Le.A 1Ax. MìKE MALONE
Its: dITY MANAGER
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Alt signatures must be acknowledged. .-
I"/ ItU
ADD NOTARY ACKNOWLEDGEMENT , 7 .
Declaration of Restrictive Covenants
Homekey Program(Round2)
NOFA:
9/9/21 and amended1/14/2022
Owner: City ofVallejo
Project: Broadway Project
Approved Date: 03/03/2022
Prep: July5, 2022
Page9 of 11
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1 EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City ofVallejo, County of Solano, State of California, described as follows:
PARCEL UB" AS SHOWN ON THAT CERTAIN PARCEL MAP ENTITLED: "PARCEL MAP, PORTION OF SEC. 36, T.4. N., R4W. M. D.B. & M ., CITY OF VALLEJO, SOLANO COUNTY, CALIFORNIA" FILED FOR RECORD IN THE
OFFICE OF THE COUNTY RECORDER OF SOLANO COUNTY, ON AUGUST 23, 1982 IN BOOK 23 OF PARCEL MAPS, AT PAGE 79.
Declaration of Restrictive Covenants
Homekey Program (Round 2)
NOFA: 9/9/21 and amended 1 /14/2022
Owner: City ofVallejo
Project: Broadway Project
Approved Date: 03/03/2022
Prep: July 5, 2022
EXHIBIT :’B"
PERMANENT HOUSING
Broadway Project
Broadway Street
Vallejo, CA 94589
Assessor Parcel Number
(APN): 0067-140-150
Countv of Solano
# of Units Non- Homekey AMI* Restriction to Subset of
Bedroom Homekey -Assisted Income Target Population**
S - - - - -Units -- - -- -Units - Limit
Manager
Unit (1 - 1 0 1 N/A N/A
bedroom
0 (Studio) 47 0 47 30% Chronically Homeless***
Totals: 48 0 48
* "Area Median Income" or "AMI" means the most recent applicable county median family income published by the California Tax Credit Allocation Committee (TCAC) or the Department.
Target Population" means individuals and families who are experiencing homelessness or who are at risk ofhomelessness, as defined at HSC section 50675. 1 .3, subdivision (1), and who are inherently impacted by or at increased risk for medical . diseases or conditions due to the COVID-19 pandemic or other commønicable diseases. *** "Chronically Homeless" means a person who is chronically homeless, as defined in Title 24 CFR Part 578.3.
Declaration of Restrictive Covenants
Homekey Program (Round 2) NOFA: 9/9/21 and amended 1 /14/2022 Owner: City ofVallejo
Project: Broadway Project
Approved Date: 03/03/2022
Prep: July 5, 2022
Pagellofll
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Solano )
-On Auggst 10, 2023 -before mer_Dawn- G. Abrahamson, Notary. Public (insert name and title of the officer)
personally appeared Mike Malone
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), orthe entity upon behalf ofwhich the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - WITNESS my hand and official seal. r/4- 324
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Notary PublichHAISON - California
-- i 1 Solano County 1., Commis;ion # 2330500 * 1 *.ˇEE --,1a21 Signaturk _*, e , /1 /7 f`-)þ`1241 » 1 1
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RESOLUTION NO. 24-001
A RESOLUTION OF THE CITY OF VALLEJO MEASURE P COMMITTEE RECOMMENDING THAT THE CITY COUNCIL UTILIZE UP TO $1,300,000 OF
MEASURE P FUNDS TO PAY OFF THE TOTAL AMOUNT OF MECHANICS LIENS ON THE
BROADWAY AFFORDABLE HOUSING PROJECT, CONSIDER ADDITIONAL FUNDING
FROM OTHER NON-MEASURE P SOURCES AND TO CONTINUE DISCUSSIONS WITH
STAFF TO DETERMINE THE BEST WAY TO FUND COMPLETION OF THE PROJECT WHEREAS, the City of Vallejo entered into a partnership with Firm Foundation, Inc. and Shelter, Inc. to construct a 47-unit permanent supportive housing project in Vallejo (the “Broadway Project”); and
WHEREAS, the Broadway Project was initially funded by a Homekey grant of $11,621,866, City of Vallejo American Rescue Plan Act funds of $390,000, Solano County American Rescue Plan Act funds of $3,000,000, an Infill Infrastructure Grant of $2,559,656, a grant from Wells Fargo of $90,000 and a loan from the City’s Low Moderate Income Housing Asset Fund of $3,300,000; and
WHEREAS, the funding total $20,961,522 with additional funding coming from other sources; and WHEREAS, the additional funding for the Broadway Project fell through after construction was well underway resulting in a shortfall in available funds for construction; and WHEREAS, as a result of the shortfall in funds, payments to subcontractors could not be made resulting in the filing of at least eight mechanics liens; and WHEREAS, as a result of the mechanics liens and lack of continued funding, construction activities on the Broadway Project stopped with the building approximately 70 percent complete; and
WHEREAS, because of the cessation of construction there were demobilization costs, security costs and there will be additional mobilization costs when construction restarts leaving a total budget shortfall of $6.15 million; and
WHEREAS, staff has diligently searched for additional funding to complete the Broadway Project to no avail; and
WHEREAS, staff has presented the Broadway Project to the Measure P Committee for consideration of funding; and
WHEREAS, the Committee made additional findings which are included in Exhibit A attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the Measure P Committee hereby recommends to the City Council that it allocate up to $1,300,000 to fund payment of existing mechanics liens and require the contractor responsible for the project to provide monthly reports to the City Council DocuSign Envelope ID: ED538151-5F56-49F6-926C-6CAEE8387EBB concerning the project budget in order to help ensure that there are no additional mechanics liens going forward.
BE IT FURTHER RESOLVED that the Measure P Committee recommends that the City Council consider looking at ways to fund the remaining financial needs for construction of the Broadway Project from other City financial resources including the City’s reserve and possibly other sources.
Adopted by the Measure P Committee at a special meeting held on May 10, 2024, with the following vote:
AYES: 6
NOES: 0
ABSENT: 1
ABSTAIN: 0
______________________________________
JASMINE SALMERON, CHAIR
ATTEST:
______________________________________
MELISSA TIGBAO, SECRETARY
DocuSign Envelope ID: ED538151-5F56-49F6-926C-6CAEE8387EBB 1 EXHIBIT A
Measure P Committee Findings
1. On April 22, 2024, the Measure P Oversight Committee received a request to support staff’s request to City Council for FY 23-24 Measure P funding allocation for the Broadway project, in the amount of $4.25 million dollars, with the possibility of asking for an additional $2 million dollars in the future. During that presentation staff recognized that this request would deplete the balance of revenues collected through February 2024, held for Measure P priorities. The Measure P Oversight Committee was unable to make a recommendation during that meeting due to the lack of supporting evidence to determine the cause of the funding gap and confidence that this issue would not reoccur. The Measure P Oversight Committee agreed to make a recommendation at a future meeting after staff had provided a response to follow up questions from the committee.
2. On April 29, 2024, Chair Jasmine Salmeron requested additional information about the Broadway Projects that is necessary to make an informed recommendation. Such documents included copies of all mechanics liens, pre-liens, waivers of liability, contractors imposing late fees with a sum of current exposure, proof that funding sources prohibit contingency as a budget line item, budgets, itemized cost variance reports, schedule of payments made with running fund balance, explanation of ownership and explanation of the April 5, 2024, Trust Deed.
3. On April 30, 2024, Co-Chair, Brien Farrell submitted a total of twenty seven questions requesting copies of enforceable contracts, timing in which City was made aware of critical issues, reasoning for the budget increase from $9.6 Million to $26 Million, use of City reserves, use of other funding sources, and rationale for decision making, including the $1.5 million staff bonuses that were distributed during the same time period that mechanics liens were filed on the Broadway project.
4. The questions and requests submitted to staff are appropriate according to Ordinance No. 1866 N.C. (2d),
3.30.170 Citizens’ Oversight Committee (A) (3). “The City shall provide such staff resources as are reasonably necessary to assist the Committee with the discharge of its duties under this chapter. The Committee shall not have authority to hire or retain its own staff, consultants, or contractors.” The Measure P Oversight Committee intends to exercise this provision of the ordinance to objectively and ethically serve our community. Citizens have requested that the Measure P Oversight Committee provide an explanation to support each of its recommendations as it serves to enlighten those who cannot participate in the committee meetings.
5. Many citizens have made public comments, sent letters to the Committee and addressed committee members directly. Citizens argue that Measure P funds should not be used as an emergency fund for major housing projects. Some examples given were the serious Blue Oaks and Navigation Center funding issues.
Many have also argued for more productive use of funds towards the unhoused would include harm reduction, mobile showers, dumpsters at encampments, helping unhoused individuals obtain the proper documentation needed to become eligible for social services and housing initiatives like the Broadway Project. It has been understood that a vast majority of unhoused citizens in encampments would not have the opportunity to be served by the Broadway project.
DocuSign Envelope ID: ED538151-5F56-49F6-926C-6CAEE8387EBB 2 6. On May 8, 2024, Measure P was provided with a response to the questions submitted four hours prior to the meeting in which the committee was expected to make a recommendation on the request for funding. The documents provided to the committee included a copy of the fully executed Contract 21-HK-17234, Broadway Project which is the standard agreement for the Homekey Program – Round 2, the Home ARP Spending Plan, the Infill Infrastructure Grant Standard Agreement, the Shelter Inc. negotiation emails and the high-level budget. None of the project accounting for the Broadway project was provided as requested.
During the May 8, 2024, special meeting, Firm Foundation was unable to give any specific financial information and continuously assured that the “round numbers” were sufficient evidence to approve completion of a meaningful project. At the conclusion of the discussion on May 8, 2024, the Measure P Oversight Committee had not been presented with any factual evidence to support an actual shortfall of $6.15 million dollars. Evidence to support this funding gap claim would have included the budgets, schedule of payments, legally enforceable funding agreements; not the word of staff and its developer, Firm Foundation. Due to the lack of evidence, Measure P did not recommend allocating funds or agree to a “city to city” loan.
7. In compromise, the Measure P Oversight Committee passed a motion on May 8, 2024, allocating up to $1 million dollars to pay the estimated amounts of mechanics liens that have been filed with the Solano County Assessor/Recorder. The resolution included a condition that Firm Foundation provide monthly reports to City Council providing assurance that the Broadway project is not in danger of future liens being filed. On May 10, 2024, the Measure P Oversight Committee amended the resolution increasing the amount to $1.3 million dollars covering the actual amounts of the mechanics liens filed. Through May 10, 2024, the committee had received Mechanics Liens and detailed budget. However, the evidence was provided without enough time for thorough review by the committee. Without the opportunity to review and ask additional questions resulting from the review, the Committee felt that it lacked satisfactory or compelling evidence to participate beyond its pledge for up to $1.3 million dollars.
8. Staff has proposed a “city to city” loan to close the remaining funding gap and an alternative option to commit to fifty percent (50%) of the funding gap. The Measure P Oversight Committee advises against a loan from Measure P funds. Should a “city to city” loan be deemed reasonable, the Measure P Oversight Committee requests that a loan from city reserves be considered to address the shortfall of the Broadway project.
9. The key factors driving opposition and concern about the loan include:
Lack of documented evidence to support claims made in various proposals. The unenforceable funding of $2 million dollars withdrawn by Shelter Inc. which materially contributed to the funding gap.
Ambiguity surrounding withdrawn $2 million dollars of HOME ARP funds which materially contributed to the funding gap.
Firm Foundation’s alleged failure to proactively advise the City of Vallejo on the risk of Mechanics Liens via Preliminary Notice, in a timely manner.
o California Contractors State License Board allows subcontractor or material suppliers 20 days after beginning work or delivering materials to serve a Preliminary Notice, which is a documented intent to lien.
o California Contractors State License Board requires claimants to file a Mechanics Lien within 90 days of: completion of work, owner begins using work or owners’ acceptance of the work.
DocuSign Envelope ID: ED538151-5F56-49F6-926C-6CAEE8387EBB 3 Firm Foundations alleged failure to provide the City of Vallejo with Mechanics Lien information until January 3, 2024; knowing that liens filed on 11/23/2023 had begun accruing 10% interest on debt as of the filing date.
Firm Foundations alleged failures to proactively notify the City of Vallejo of Preliminary Notices, demands for payment and Mechanics Liens, (current total $1.3 million) resulting in a missed opportunity for City Council to reconsider the allocation of $1.5 million for staff retention incentive (bonuses) during pay cycle 24, 11/18/2023 – 12/01/2023.
A $3.3 million LMIHAF loan is currently in 1st position upon the sale of property. Increasing total “city to city” loan obligations to nearly $10 million dollars.
Lack of appraisal or market information to substantiate the sales price of the project, in any significant amount, or an amount that covers city loan obligations. Lack of security, such as real property, in a non-structured “city to city” loan Loss of earning potential on funds that are withdrawn from the current interest-bearing account. High turnover of key personnel to carry out the commitments of loan repayment. The possibility of the future City Council forgiving the loan or changing the terms of the loan. Betrayal of the public’s trust for funding a construction project that is outside the scope of the Measure P campaign and ballot arguments relating to the use of Measure P funds. Depletion of Measure P’s balance will halt further funding of initiatives (below) until future revenues are collected and made available from the State of CA.
o Harm reduction, dumpsters and portable showers for the unhoused. o Sideshow reduction and traffic calming
o Free, low cost and adaptive youth resources
o Abandoned vehicles and blight
o Crime prevention through community-based organizations (i.e. Homies Empowerment) DocuSign Envelope ID: ED538151-5F56-49F6-926C-6CAEE8387EBB ACTION ITEM 9.C.
DATE: May 28, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
Michael Nimon, Economic Development Director
SUBJECT: ADOPT A RESOLUTION APPROVING THE FARRAGUT SCHOOL LEASE WITH OPTION AT 301 FARRAGUT BY AND BETWEEN THE CITY OF VALLEJO AND THE VALLEJO
CITY UNIFIED SCHOOL DISTRICT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SAME
RECOMMENDATION
Adopt a resolution of the Vallejo City Council to authorizing the City Manager to execute the lease with option with the Vallejo Unified School District at 301 Farragut Street in Vallejo, CA.
REASONS FOR RECOMMENDATION
Implementation of the lease enables acquisition of a strategically located site for a future city facility use.
Implementation of the lease will allow City staff to conduct additional due diligence regarding the best use, which is not determined at this time, but which potentially could include city offices for the water department or other City governmental uses. The term is based on the purchase price of $2.08 million established in the attached appraisal of the property, amortized over 15 years, which equates to approximately $11,555 per month. This action meets General Plan policy goals for Economy, Education, and Training:
• EET-1 Strong, Stable, and Diverse Economy: cultivate a strong, stable, and diverse local economy • EET 1.8 Public Investment: leverage public investments to enhance Vallejo’s economic vitality, and invest resources in ways that ensure that Vallejo is a healthy, safe, and engaged community, and • EET 1.10 Public Land: improve City-owned land and properties to stimulate private investment in employment and high-quality commercial, residential, and mixed-use development
BACKGROUND AND DISCUSSION
The Vallejo City Unified School District issued an RFP for disposition of the 301 Farragut Street property (APN 0055-044-170) in December of 2021. The issuance was pursuant to the resolution 2983 adopted by the Board of Education of the Vallejo City Unified School District adopted on October 20, 2021. The property was previously declared exempt surplus on January 15, 2020. The property consists of approximately 5.2 acres of improved real property located at 301 Farragut Street and identified by the Solano County Assessor as Parcel number 0055-044-170. The site is improved with a number of permanent and modular buildings previously used for educational purposes as classrooms.
Staff conducted due diligence which included an appraisal and Phase 1 and Phase 2 environmental reports.
Although the original listing price by the School District was $2.9 million, a subsequent appraisal report attained by the City determined the fair market value of the property on an as-is basis at $2.08 million. The appraisal is based on redevelopment potential of the site for the highest and best use which is considered housing. No major environmental issues were identified as part of Phase 1 and Phase 2 environmental reports, although Phase 2 found a small level of PCE (dry cleaner solvent) and benzene in soil vapor. This Date: May 28, 2024
Subject: ADOPT A RESOLUTION APPROVING THE FARRAGUT SCHOOL LEASE WITH OPTION AT 301 FARRAGUT BY AND BETWEEN THE CITY OF VALLEJO AND THE
VALLEJO CITY UNIFIED SCHOOL DISTRICT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SAME
would not prevent any public reuse of the property and is below federal standards for any public agency reuse.
The City desires to lease, with the option to purchase, the Premises for its exclusive use for governmental purposes, including those operations, programs, and activities carried out by the City of Vallejo in its official capacity.
The School District heard the item at their May 8, 2024 meeting and approved the lease as proposed.
The City plans to utilize up to $100,000 of American Rescue Plan Act (ARPA) funding allocated in resolution NO. 23-213 to be used for the lease to own option. This funding is consistent with the ARPA final ruling “certain services for vacant or abandoned properties are eligible to address the public health and negative economic impacts of the pandemic on disproportionately impacted households or communities.” (P. 134 of FR). Where the eligible activity associated is “costs associated with acquiring and securing legal title of vacant or abandoned properties and other costs to position the property for current or future productive use.”
FISCAL IMPACT
The fiscal impact of the acquisition would be a cost of $2.08 million applied towards the lease over a 15-year term. However, the City can terminate the lease without any consequence, with a 30-day notice. The option to purchase also requires a 30-day notice. The $11k per month rent will be budgeted through ARPA funds already allocated (available to be encumbered by Dec 2024 and expended by Dec 2026) for school facilities until the long term use is identified and a new funding source commensurate with that use is solidified.
There is $100,000 currently allocated by City Council on December 20, 2022 in Resolution No. 23-213 to be used towards “School Property Maintenance.”
ENVIRONMENTAL REVIEW
This action is exempt from CEQA according to the CEQA Guidelines Section 15301 Existing Facilities. This exemption applies to operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, involving negligible expansion of the existing use including additions to existing structures.
ATTACHMENTS
1. Resolution Approving Lease Purchase Agreement for Farragut School (1) CAO Stamp
2. 193-2023-0088 - 301 Farragut Ave Appraisal
3. Lease - Purchase Agreement Farragut VCUSD COV (1)
4. Board of Education Meeting Minutes
CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 24-_______
A RESOLUTION OF THE VALLEJO CITY COUNCIL APPROVING THE FARRAGUT SCHOOL LEASE WITH OPTION TO PURCHASE AT 301 FARRAGUT BY AND
BETWEEN THE CITY OF VALLEJO AND VALLEJO CITY UNIFIED SCHOOL
DISTRICT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME WHEREAS, the Vallejo City Unified School District intends to sell the 301 Farragut Street property (the “Property”); and
WHEREAS, the Property was previously declared exempt surplus by the District’s Board of Education on January 15, 2020. The Property consists of approximately 5.2 acres of improved real property; and
WHEREAS, the City desires to lease, with the option to purchase, the Property for its exclusive use for governmental purposes, including those operations, programs, and activities carried out by the City in its official capacity; and WHEREAS, the fair market value of the property on an as-is basis is $2.08 million. The appraisal is based on redevelopment potential of the site for housing; and WHEREAS, after execution of the lease agreement with the school district, staff will begin assessing which uses have a priority need for the site and will evaluate the best use within the context of citywide facilities planning, including an assessment for adaptive reuse versus demolition for various buildings; and
WHEREAS, this use selection process will include community outreach that will inform options that staff will bring back to Council for direction on future use.
NOW THEREFORE, BE IT RESOLVED that the City Council hereby approves the Lease Purchase Agreement of the Property, attached hereto as Exhibit 3, on the terms set forth therein and authorizes the City Manager to execute the same.
PASSED AND ADOPTED by the City Council of the City of Vallejo at a regular meeting thereof held on May 28, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Mayor Robert H. McConnell
Sampayan
ATTEST:
Dawn Abrahamson, City Clerk
Integra Realty Resources
Sacramento
Appraisal of Real Property
Vallejo Educational Academy
Public School Property
301 Farragut Avenue
Vallejo, Solano County, California 94590
Prepared For:
City of Vallejo
Date of the Report:
May 26, 2023
Report Format:
Appraisal Report
IRR ‐ Sacramento
File Number: 193‐2023‐0088
DRAFT
Subject Photographs
Vallejo Educational Academy
301 Farragut Avenue
Vallejo, California
DRAFT
Integra Realty Resources 590 Melo Drive T 916.435.3883
Sacramento Suite 1 F 916.435.4774
Rocklin, CA 95765 www.irr.com
May 26, 2023
Gillian Hayes
City of Vallejo
555 Santa Clara St
Vallejo, CA 94590
SUBJECT: Market Value Appraisal
Vallejo Educational Academy
301 Farragut Avenue
Vallejo, Solano County, California 94590
IRR ‐ Sacramento File No. 193‐2023‐0088
Dear Mr. Hayes:
Integra Realty Resources – Sacramento is pleased to submit the accompanying appraisal of the referenced property. The purpose of the appraisal is to develop an opinion of the As Is market value, pertaining to the fee simple interest in the property. The client is City of Vallejo. The intended users are City of Vallejo and Vallejo City Unified School District. The intended use of the report is for portfolio valuation purposes. No other party or parties may use or rely on the information, opinions, and conclusions contained in this report.
The subject is an existing public school, Vallejo Educational Academy, containing 26,896 square feet of rentable area. The subject is located at the southeast corner of Farragut Avenue and Buena Vista Avenue, within the city of Vallejo, Solano County, California. The subject was constructed in 1957 and is 100% owner occupied. The subject improvements are in fair condition and consist of three permanent buildings and eight modular structures.
The site area is 5.21 acres or 226,948 square feet. A more detailed legal and physical description of the subject property is contained within the attached report.
The appraisal conforms to the Uniform Standards of Professional Appraisal Practice (USPAP), the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute, and applicable state appraisal regulations.
Standards Rule 2‐2 (Content of a Real Property Appraisal Report) contained in the Uniform Standards of Professional Appraisal Practice (USPAP) requires each written real property appraisal report to be prepared as either an Appraisal Report or a Restricted Appraisal DRAFT
Gillian Hayes
City of Vallejo
May 26, 2023
Report. This report is prepared as an Appraisal Report as defined by USPAP under Standards Rule 2‐2(a), and incorporates practical explanation of the data, reasoning, and analysis that were used to develop the opinion of value.
Based on the valuation analysis in the accompanying report, and subject to the definitions, assumptions, and limiting conditions expressed in the report, the concluded opinion of value is as follows:
Value Conclusion
Value Type & Appraisal Premise Interest Appraised Date of Value Value Conclusion As Is Market Value Fee Simple February 23, 2023 $2,080,000 Extraordinary Assumptions and Hypothetical Conditions
1. The eastern driveway access to Farragut Avenue appears to be on an adjacent parcel APN 0055‐044‐180, which is owned by the City of Vallejo, based on a review of the parcel map as well as DataTree by First American Title.
However, this could not be confirmed; therefore, it is assumed the eastern driveway access are located on the subject si te and not on an adjacent parcel.
2. The highest and best use of the subject is to rezone to residential use, demolish the existing improvements, and seek entitlements to build a residential project. Given the State of Cali fornia Government Code Section 65852.9, it is assumed the ci ty of Vallejo and Vallejo Uni fied School District will fully cooperate with the rezone of the subject property.
3. Based on a review of national cost surveys, it is estimated the demoli tion costs for the subject would total $300,000. If, at some future date, the estimates are determined to differ signi ficantly from the figure previously assumed, this could have a direct impact on the market value provided within this report.
4. The inspection of the property was limi ted to the exterior of the project. The exterior of the structures exhibited deferred maintenance. It is assumed the interior condi tion of the structures are in a similar condition as the exterior.
(None)
The use of any extraordinary assumption or hypothetical condition may have affected the assignment resul ts.
The value conclusions are based on the following hypothetical conditions. A hypothetical condi tion is a condition, directly related to a speci fic 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.
The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an assignment‐speci fic assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions.
Respectfully submitted,
DRAFT
Gillian Hayes
City of Vallejo
May 26, 2023
Integra Realty Resources ‐ Sacramento
DRAFT DRAFT
Blake Fassler
California Certified General Real Estate
Appraiser #3007274
Telephone: 916‐435‐3883
Email: [email protected]
Kevin Ziegenmeyer, MAI
California Certified General Real Estate
Appraiser #AG013567
Telephone: 916.435.3883, ext. 224
Email: [email protected]
DRAFT
Table of Contents
Vallejo Educational Academy
Executive Summary 2
Identification of the Appraisal Problem 4
Subject Description 4
Sale History 4
Pending Transactions 4
Appraisal Purpose 4
Value Type Definitions 5
Appraisal Premise Definitions 5
Property Rights Definitions 5
Client and Intended User(s) 5
Intended Use 6
Applicable Requirements 6
Report Format 6
Prior Services 6
Appraiser Competency 6
Scope of Work 7
Economic Analysis 9
Area Analysis – Solano County 9
Surrounding Area Analysis 15
Residential Market Analysis 18
Property Analysis 26
Land Description and Analysis 26
Improvements Description and Analysis 31
Real Estate Taxes 38
Highest and Best Use 39
Highest and Best use Analysis 41
Valuation 44
Valuation Methodology 44
Sales Comparison Approach 45
Analysis and Adjustment of Sales 49
Value Indication 53
Reconciliation and Conclusion of Value 54
Exposure Time 54
Marketing Period 54
Certification 55
Assumptions and Limiting Conditions 57
Addenda
A. Appraiser Qualifications
B. Comparable Data
Land Sales
Improved Sales
C. Phase I Environmental Site Assessment
DRAFT
Executive Summary 2
Vallejo Educational Academy
Executive Summary
Property Name
Address
Property Type
Owner of Record
Tax ID
Land Area 5.21 acres; 226,948 SF
Rentable Area 18,896 SF
Year Built 1957
Zoning Designation
Highest and Best Use ‐ As if Vacant
Highest and Best Use ‐ As Improved
Exposure Time; Marketing Period 12 months; 12 months
Effective Date of the Appraisal February 23, 2023
Date of the Report May 26, 2023
Property Interest Appraised
Value Conclusion
Value Type & Appraisal Premise Interest Appraised Date of Value Value Conclusion As Is Market Value Fee Simple February 23, 2023 $2,080,000 The values reported above are subject to the definitions, assumptions, and limiting conditions set forth in the accompanying report of which this summary is a part. No party other than City of Vallejo and Vallejo City Unified School District may use or rely on the information, opinions, and conclusions contained in the report. It is assumed that the users ofthe report have read the entire report, including all ofthe definitions, assumptions, and limiting conditions contained therein.
PS, Public and Semi‐Public
Residential use
Fee Simple
Demolition and redevelopment
Vallejo Uni fied School District Facilities & Planning
0055‐044‐170
Vallejo Educational Academy
301 Farragut Avenue
Vallejo, Solano County, California 94590
Public School ‐ Governmental/Institutional
DRAFT
Executive Summary 3
Vallejo Educational Academy
Extraordinary Assumptions and Hypothetical Conditions
1. The eastern driveway access to Farragut Avenue appears to be on an adjacent parcel APN 0055‐044‐180, which is owned by the City of Vallejo, based on a review of the parcel map as well as DataTree by First American Title.
However, this could not be confirmed; therefore, it is assumed the eastern driveway access are located on the subject site and not on an adjacent parcel.
2. The highest and best use of the subject is to rezone to residential use, demolish the existing improvements, and seek entitlements to build a residential project. Given the State of California Government Code Section 65852.9, it is assumed the city of Vallejo and Vallejo Unified School District will fully cooperate with the rezone of the subject property.
3. Based on a review of national cost surveys, it is estimated the demolition costs for the subject would total $300,000. If, at some future date, the estimates are determined to differ signi ficantly from the figure previously assumed, this could have a direct impact on the market value provided within this report.
4. The inspection of the property was limi ted to the exterior of the project. The exterior of the structures exhibited deferred maintenance. It is assumed the interior condition of the structures are in a similar condi tion as the exterior.
(None)
The use of any extraordinary assumption or hypothetical condition may have affected the assignment results.
The value conclusions are based on the following hypothetical conditions. A hypothetical condition is a condition, directly related to a speci fic assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment resul ts, but is used for the purpose of analysis.
The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an assignment‐speci fic assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions.
DRAFT
Identification of the Appraisal Problem 4
Vallejo Educational Academy
Identification of the Appraisal Problem
Subject Description
The subject is an existing public school, Vallejo Educational Academy, containing 26,896 square feet of rentable area. The subject is located at the southeast corner of Farragut Avenue and Buena Vista Avenue, within the city of Vallejo, Solano County, California. The subject was constructed in 1957 and is 100% owner occupied. The subject improvements are in fair condition and consist of three permanent buildings and eight modular structures. The site area is 5.21 acres or 226,948 square feet.
A legal description was requested but not provided.
Property Identification
Property Name Vallejo Educational Academy
Address 301 Farragut Avenue
Vallejo, Cali fornia 94590
Tax ID 0055‐044‐170
Owner of Record Vallejo Uni fied School District Facili ties & Planning Sale History
No known sales or transfers of ownership have taken place within a three‐year period prior to the effective appraisal date.
Pending Transactions
The subject property was under contract to the current tenant leasing the property for $2,930,000.
However, the tenant has indicated they are not going to follow through with the purchase and their lease will expire at the end of the 2023 school year. The property originally went under contract in 2020 and was marketed on the open market. Attempts were made to contact the listing broker, but those attempts were not returned. The prospective buyer, who was a private party, intended to occupy the current improvements and utilized the site as school for disabled children. Unfortunately, the school has not kept up with enrollment over the past two years.
While the property was vacant during the COVID‐19 pandemic, the site experienced vandalism from homeless in the surrounding areas looking from shelter. The damages from the vandalism were cured by insurance. During this time, there were additional costs in security to patrol and monitor the subject property.
The property is currently listed on the market for a minimum sale price of $2,900,000 by Landis Graden of DCG Strategies.
Appraisal Purpose
The purpose of the appraisal is to develop the following opinion of value:
The as is market value of the fee simple interest in the subject property as of the effective date of the appraisal, February 23, 2023
DRAFT
Identification of the Appraisal Problem 5
Vallejo Educational Academy
The date of the report is May 26, 2023. The appraisal is valid only as of the stated effective date.
Value Type Definitions
The definitions of the value types applicable to this assignment are summarized below.
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 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:
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;
4. Payment is made in terms of cash in U.S. 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 Appraisal Premise Definitions
The definitions of the appraisal premises applicable to this assignment are specified as follows.
As Is Market Value
The estimate of the market value of real property in its current physical condition, use, and zoning as of the appraisal date.2
Property Rights Definitions
The property rights appraised which are applicable to this assignment are defined as follows.
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.3 Client and Intended User(s)
The client is City of Vallejo. The intended users are City of Vallejo and Vallejo City Unified School District. No other party or parties may use or rely on the information, opinions, and conclusions contained in this report.
1 Code of Federal Regulations, Title 12, Chapter I, Part 34.42[h]; also Interagency Appraisal and Evaluation Guidelines, Federal Register, 75 FR 77449, December 10, 2010, page 77472 2 Appraisal Institute, The Dictionary of Real Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022) 3 Appraisal Institute, The Dictionary of Real Estate Appraisal, 7th ed. (Chicago: Appraisal Institute, 2022) DRAFT
Identification of the Appraisal Problem 6
Vallejo Educational Academy
Intended Use
The intended use of the appraisal is for portfolio valuation purposes. The appraisal is not intended for any other use.
Applicable Requirements
This appraisal report conforms to the following requirements and regulations:
Uniform Standards of Professional Appraisal Practice (USPAP); Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute; Applicable state appraisal regulations.
Report Format
Standards Rule 2‐2 (Content of a Real Property Appraisal Report) contained in the Uniform Standards of Professional Appraisal Practice (USPAP) requires each written real property appraisal report to be prepared as either an Appraisal Report or a Restricted Appraisal Report. This report is prepared as an Appraisal Report as defined by USPAP under Standards Rule 2‐2(a), and incorporates practical explanation of the data, reasoning, and analysis used to develop the opinion of value.
Prior Services
USPAP requires appraisers to disclose to the client any other services they have provided in connection with the subject property in the prior three years, including valuation, consulting, property management, brokerage, or any other services. We have performed no services, 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 the agreement to perform this assignment.
Appraiser Competency
No steps were necessary to meet the competency provisions established under USPAP. The assignment participants have appraised several properties similar to the subject in physical, locational, and economic characteristics, and are familiar with market conditions and trends; therefore, appraiser competency provisions are satisfied for this assignment. Appraiser qualifications and state credentials are included in the addenda of this report.
DRAFT
Scope of Work 7
Vallejo Educational Academy
Scope of Work
Introduction
The appraisal development and reporting processes require gathering and analyzing information about the assignment elements necessary to properly identify the appraisal problem. The scope of work decision includes the research and analyses necessary to develop credible assignment results, given the intended use of the appraisal. Sufficient information includes disclosure of research and analyses performed and might also include disclosure of research and analyses not performed.
To determine the appropriate scope of work for the assignment, the intended use of the appraisal, the needs of the user, the complexity of the property, and other pertinent factors were considered. The concluded scope of work is described below.
Research and Analysis
The type and extent of the research and analysis conducted are detailed in individual sections of the report. The steps taken to verify comparable data are disclosed in the addenda of this report.
Although effort has been made to confirm the arm’s‐length nature of each sale with a party to the transaction, it is sometimes necessary to rely on secondary verification from sources deemed reliable.
Subject Property Data Sources
The legal and physical features of the subject property, including size of the site and improvements, flood plain data, seismic zone designation, property zoning, existing easements and encumbrances, access and exposure, and condition of the improvements (as applicable) were confirmed and analyzed.
Inspection
Details regarding the property inspection conducted as part of this appraisal assignment are summarized as follows:
Property Inspection
Party Inspection Type Inspection Date
Blake Fassler Exterior February 23, 2023
Kevin Ziegenmeyer, MAI None N/A
The subject property was inspected via an exterior inspection. Details regarding the subject’s improvements were gathered from the inspection, including verification of square footages based on the building measurements provided.
Valuation Methodology
Three approaches to value are typically considered when developing a market value opinion for real property. These are the cost approach, the sales comparison approach, and the income capitalization approach. Use of the approaches in this assignment is summarized as follows:
DRAFT
Scope of Work 8
Vallejo Educational Academy
Approachesto Value
Approach Applicability to Subject Use in Assignment
Cost Approach Not Applicable Not Utilized
Sales Comparison Approach Applicable Utilized
Income Capitalization Approach Not Applicable Not Utilized The subject improvements consist of a main building, administrative building, multi‐purpose room, and eight modular buildings/classrooms. Both the modular and permanent buildings have deferred maintenance. The improvements are nearing the end of their economic life and the school district no longer fully utilizes the subject. It is a surplus property. In the current market, significant renovation of the subject would not justify an adequate return for the subject’s current use.
The modular buildings represent 8,000 square feet of the total rentable area of 26,896 square feet.
Modular buildings that are not permanently affixed to the real estate could be moved and are considered to be personal property. However, these buildings are typically included within the sale of schools and churches. Therefore, we include them in the analysis of the subject’s current improvements, but the modular buildings are of inferior construction quality and marketability compared to permanent structures. The contributory value of the modular structures sold as personal property separate from the real estate is outside of the scope of the appraisal and not considered in our analysis.
We analyzed the subject’s current improvements in place via the sales comparison approach. Further, we also analyzed the land value via the sales comparison approach. Within this analysis, we also accounted for the demolition costs to remove the improvements in place. Note we did not analyze the subject’s improvements utilizing the income capitalization approach because there is a lack of a rental market for similar properties with the subject’s larger square footage that would permit us to develop a reliable estimate of the property’s income generating potential.
Based on the analysis contained herein, the land value minus demolition costs is greater than the value of current improvements in place. The current improvements have deferred maintenance and are nearing the end of their economic life. The current improvements in place represent an underutilization of the site. Therefore, the highest and best use as improved for the subject property is to rezone to residential use, demolish the existing improvements, and seek entitlements to build a residential project.
The cost approach is not applicable to the assignment considering the age of the property would limit the reliability of an accrued depreciation estimate. Also, this approach is not typically used by market participants, except for new (or proposed) or nearly new properties.
DRAFT
Area Analysis – Solano County 9
Vallejo Educational Academy
Economic Analysis
Area Analysis – Solano County
Solano County is situated just northeast of the San Francisco Bay. After a quiet beginning as a cluster of small frontier villages in the 1850s, Solano County has become one of California’s fastest growing counties. However, the friendliness, charm and informality of these former pioneer towns have not been lost with the recent growth. Building on diverse natural advantages, the county’s development has followed equally diverse lines. The cities of Vallejo, Fairfield and Vacaville have become large population centers, and Vallejo and Benicia have become centers for shipping, warehousing and associated trades.
There are approximately 907 square miles within the Solano County limits. The county’s location makes both rural and suburban living possible. Within driving distance are the cultural activities of San Francisco, the East Bay and Sacramento. Solano County is comprised of seven cities: Benicia, Dixon, Fairfield, Rio Vista, Suisun City, Vacaville and Vallejo, as well as unincorporated areas. Located midway between San Francisco and Sacramento, the county offers a modern infrastructure network and ample land for residential, commercial and industrial development.
Population
The population of Solano County is over 447,000 and has shown average growth of 0.6% per year over the past five years. Much of the growth is due to residents from the more densely populated areas of San Francisco and Alameda Counties migrating to Solano and Contra Costa Counties. The most populous cities are Vallejo, Fairfield and Vacaville. The following table illustrates population trends over the past five years.
Transportation
Solano County is well served by the state and interstate highway systems. Interstate 80, which generally runs the length of the county, connects with the San Francisco Bay Area to the southwest and Sacramento to the northeast. The Interstate 80 corridor through Solano County is regarded as the hub for vehicular transportation throughout the Northern California area. Interstate 680 runs from Population Trends
City 2017 2018 2019 2020 2021 2022 %/Yr
Benicia 27,507 27,386 27,248 27,087 26,995 26,656 ‐0.6% Dixon 19,497 19,672 19,905 18,963 19,094 19,083 ‐0.4% Fairfield 115,151 116,067 116,885 120,506 120,421 119,897 0.8% Rio Vista 9,024 9,321 9,670 9,990 9,961 9,925 2.0% Suisun City 29,065 29,077 29,035 29,460 29,266 28,896 ‐0.1% Vacaville 96,774 97,350 97,706 102,294 101,286 101,257 0.9% Vallejo 118,865 118,685 118,535 125,791 124,410 123,190 0.7% Unincorporated 19,303 19,255 19,221 19,400 18,531 18,337 ‐1.0% Total 435,186 436,813 438,205 453,491 449,964 447,241 0.6% Source: California Department of Finance
DRAFT
Area Analysis – Solano County 10
Vallejo Educational Academy
north to south and connects Solano County with the San Jose Metropolitan Area in Santa Clara County to the south. After passing Contra Costa and Alameda counties, I‐680 becomes Interstate 280 in San Jose. Interstate 780 is the east‐west connection between Benicia and Vallejo in Solano County. Other significant highways include the north‐south Interstates 5 and 505, and State Highways 37 and 12 for east‐west travel to Marin and Sonoma Counties.
Solano County has deep‐water ports in Vallejo and Benicia for shipping. Rail transportation includes Union Pacific Railroad for freight service and Amtrak for passenger service. Local air transportation is somewhat limited, with the closest airports being sub‐regional or municipal in nature. These airports include the Nut Tree Airport, Rio Vista Municipal Airport, Yolo County Airport, Napa County Airport and Buchanan Field (Contra Costa County). However, the San Francisco, Oakland and Sacramento International Airports are within a one‐ to two‐hour drive from Solano County.
Employment & Economy
The California Employment Development Department has reported the following employment data for Solano County over the past five years.
Most areas within the state and nation, including Solano County, saw declining unemployment rates in 2004 through 2006, increases from 2007 to 2010, declines between 2011 and 2019, a significant increase in 2020 due to the pandemic and subsequent improvement in 2021 and 2022.
The California Employment Development Department reported an unemployment rate of 3.8% in Solano County in December 2022, down from 5.1% the prior year. This compares to rates of 3.7% for California and 3.3% for the nation.
As of December 2022, it was reported 3,100 jobs had been gained in Solano County year‐over‐year.
The greatest gain was in the Educational/Health Services sector with 1,300 jobs gained. The following chart indicates the percentage of total employment for each sector within the county.
Employment Trends
2017 2018 2019 2020 2021 2022
Labor Force 207,900 209,000 208,400 201,500 199,400 200,800 Employment 198,000 200,700 200,400 181,700 184,500 192,200 Annual Employment Change 2,200 2,700 (300) (18,700) 2,800 7,700 Unemployment Rate 4.8% 4.0% 3.8% 9.8% 7.5% 4.3%
Source: California
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Area Analysis – Solano County 11
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The area’s largest employment sectors are Educational and Health Services; Trade, Transportation and Utilities (which includes retail and wholesale trade) and Government. Within the Health Services sector, major employers include Kaiser Permanente, NorthBay Healthcare System and Sutter Solano Medical Center.
A few unique industry clusters have developed in the county. The Solano Business Park in Fairfield is home to the “Candy Cluster” with businesses such as Jelly Belly Candy Company, Thompson Candy and Guittard Chocolate. Along Interstate 80 is the “Life Sciences Corridor,” which is home to several firms in the fields of biotechnology, pharmaceuticals, medical devices, seed production, and research and development. The former Mare Island Naval Shipyard in Vallejo has attracted a wide variety of companies ranging from durable goods manufacturers to an education provider, Touro University.
Solano County is home to the largest port‐oriented industrial park in northern California, a 1,500‐acre park in Benicia with about 300 companies employing about 5,000 people.
The following table lists the largest employers in the region.
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Area Analysis – Solano County 12
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Public sector employment is significant in the county, with jobs at the federal, state and local levels.
Government payrolls include Travis Air Force Base, California Department of Corrections facilities in Vacaville, municipal and county administrative offices, and educational institutions, including Solano Community College and K‐12 public school districts. Many county residents are also employed by the University of California, Davis in nearby Yolo County.
Household Income
Median household income represents a broad statistical measure of well‐being or standard of living in a community. The median income level divides households into two equal segments with one half of households earning less than the median and the other half earning more. The median income is considered to be a better indicator than the average household income as it is not dramatically affected by unusually high or low values. According to Claritas Spotlight data reporting service, the median household income estimated for Solano County in 2023 is $94,654, which is higher than the state of California’s median income of $89,113.
Recreation & Community Facilities
Major attractions in Solano County include Six Flags Discovery Kingdom in Vallejo, the Jelly Belly candy factory in Fairfield, The Factory Stores at Vacaville, and the Nut Tree in Vacaville. The county also offers many outdoor recreational activities. Fishing and boating are available in the Delta waterways of the Sacramento and San Joaquin Rivers and at Lake Berryessa, a few miles to the west in neighboring Napa County, home of the world‐famous wine country. The San Francisco Bay Area is within about an hour drive to the west.
Education in Solano County includes six public school districts, each offering K‐12 education to area residents, and Solano Community College, with campuses in Suisun City, Vacaville and Vallejo. In addition, several private schools operate throughout the county. Solano’s public schools generally perform equal to better than the statewide averages in many regards.
Largest Employers
Employer Industry Employees
1 Travis AFB Government 12,864
2 Kaiser Foundation Hospitals Healthcare 5,400
3 Fairfield ‐ Suisun Unified School District Education 3,168 4 County of Solano Government 3,106
5 Vallejo Unified School District Education 1,873
6 Vacaville Unified School District Education 1,312
7 NorthBay Healthcare System Healthcare 1,200
8 Amazon.com, Inc. Trade 1,026
9 California Department of Corrections & Rehabilitation Government 1,000 10 The Boeing Company Manufacturing 996
Source: County of Solano, Comprehensive Annual Financial Report, June 30, 2021 DRAFT
Area Analysis – Solano County 13
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Solano County has several opportunities for higher education. The California Maritime Academy is a four‐year California State University located in Vallejo that prepares men and women for careers in maritime industries and related fields. Solano County Community College offers two‐year programs in electronics, computer programming, industrial management, shipbuilding and other vocational and service fields. Touro University opened a College of Osteopathic Medicine and School of Health and Science on Mare Island in 1999. Outside the county, but within reasonable commuting distances, are the nearby University of California campuses at Berkeley and Davis, and California State University at Sacramento.
Conclusion
Solano County has a diversified economy and contributes significantly to California’s overall economy.
The county has a relatively low cost of living compared to other regions in proximity to the San Francisco Bay Area and has attracted businesses and residents relocating from those more costly locations.
After a period of strong market and economic conditions where unemployment rates declined to historical lows, employment conditions declined sharply in 2020 following the onset of the pandemic.
While market and economic conditions have since improved, macroeconomic factors, particularly high inflation and rising interest rates, have re‐introduced uncertainty in the market.
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Area Analysis – Solano County 14
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Area Map
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Surrounding Area Analysis 15
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Surrounding Area Analysis
Location
The subject is located in northeastern Vallejo in an area of mixed development with both residential, industrial, and commercial uses. The neighborhood boundaries are generally Highway 37 to the north, Interstate 80 to the east and the San Pablo Bay to the south and west.
Access and Linkages
Primary highway access to the area is via Highway 37 and Highway 29/Sonoma Blvd. Highway 37 is an east/west connector highway providing access to Interstate 80 to the east and Highway 101 to the west. Interstate 80 is a major regional transportation route providing access to San Francisco to the west and Sacramento to the east.
Public transportation is provided by SolTrans and provides access to bus routes throughout the city.
There is also a ferry station southwest of the subject property that provides access to San Francisco, Oakland and Alameda. Overall, the primary mode of transportation in the area is by automobile.
Demographics
A demographic profile of the surrounding area, including population, households, and income data, is presented in the following table.
Surrounding Area Demographics
2023 Estimates 3‐Mile Radius 5‐Mile Radius 10‐Mile Radius Zip Code (94590) Solano County Population 2020 94,143 154,872 291,272 40,072 453,491
Population 2023 94,381 155,145 292,505 40,317 456,127
Population 2028 95,791 157,366 297,968 41,165 465,879
Compound % Change 2020‐2023 0.1% 0.1% 0.1% 0.2% 0.2%
Compound % Change 2023‐2028 0.3% 0.3% 0.4% 0.4% 0.4%
Households 2020 32,670 52,593 100,837 15,135 155,924
Households 2023 32,756 52,699 101,158 15,216 156,800
Households 2028 33,274 53,501 103,037 15,529 160,361
Compound % Change 2020‐2023 0.1% 0.1% 0.1% 0.2% 0.2%
Compound % Change 2023‐2028 0.3% 0.3% 0.4% 0.4% 0.5%
Median Household Income 2023 $73,996 $86,625 $97,724 $64,145 $94,654 Average Household Size 2.8 2.9 2.9 2.6 2.8
College Graduate % 24% 28% 33% 23% 28%
Median Age 39 40 41 39 39
Owner Occupied % 51% 59% 64% 42% 62%
Renter Occupied % 49% 41% 36% 58% 38%
Median Owner Occupied Housing Value $477,569 $546,115 $644,369 $458,266 $580,206 Median Year Structure Built 1965 1975 1978 1955 1981
Average Travel Time to Work in Minutes 41 41 42 41 37
Source: Claritas
As shown above, the current population within a 5‐mile radius of the subject is 155,145, and the average household size is 2.9. Population in the area has grown since the 2020 census, and this trend DRAFT
Surrounding Area Analysis 16
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is projected to continue over the next five years. Compared to Solano County overall, the population within a 5‐mile radius is projected to grow at a slower rate.
Median household income is $86,625, which is lower than the household income for Solano County.
Residents within a 5‐mile radius have a similar level of educational attainment than those of Solano County, while median owner‐occupied home values are lower.
Land Use
The area is suburban in character and approximately 95% developed. Land uses immediately surrounding the subject are predominantly residential with some commercial uses. Vacant land is limited to infill sites. Typical ages of building improvements range from 20 to 55+ years. The subject property is near the open space and marina area of the city of Vallejo. Property types adjoining the subject include residential use to the north, south, east and west consisting of single family and multifamily uses. There are 13 schools within the Vallejo Unified School District. Within the district, there are two high schools, one middle school, and 10 elementary schools. The school district has several other supporting schools, which includes the subject property.
The south line of the subject is bordered by a rail line. The rail line is not believed to be in current use and is associated with the former military use of Mare Island. The subject’s location along a rail corridor is considered to be a less desirable influence.
Outlook and Conclusions
In summary, the subject’s immediate area is developed primarily with residential with supportive retail uses. The subject property benefits from good transportation characteristics, including access to the ferry terminal, good freeway access and its location in proximity to major thoroughfares. The area is a mature portion of the city of Vallejo and recent development activity has been limited. We anticipate that demand for residential properties will remain stable in the near future as this neighborhood is an affordable alternative with convenient access to central Bay Area locations.
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Surrounding Area Analysis 17
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Surrounding Area Map
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Residential Market Analysis 18
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Residential Market Analysis
Given prevailing land use patterns, a likely use of the property is for residential development. In the following paragraphs, we examine supply and demand indicators for residential development in the subject’s area.
The residential housing market has been changing due to rising interest rates. After a period of expansion after the COVID‐19 pandemic with low interest rates, the increased cost of borrowing has put downward pressure on housing prices and affordability. We surveyed several active builders to get insight into the current contracting market. While new home sales trended downward over the course of 2022, there was rise in new home sales in January 2023, which is likely attributable to increased concessions from homebuilders. Reportedly, base prices have remained the same or slightly increased year over year. However, a majority of the builders have indicated price declines within the market.
While the base prices may have not changed for some homebuilders, the net sale price to the homebuilder is lower due to the concessions being offered. This can be seen in the floor plan valuation section.
Submarket Overview
The subject is located in the City of Vallejo. The subject is an infill project and is considered to have good transportation linkages. The neighborhood is characterized as a suburban area that appeals to both local workers and commuters. Based on existing surrounding homes, the subject characteristics best support a project designed for a combination of entry‐level and/or first‐time move‐up home buyers. In this analysis of the residential market, we will first analyze market trends within the regional area of Solano County.
Single‐Family Building Permits
Single‐family building permits for the city of Vallejo as well as Solano County totals are shown in the following table. When we compare the trend in permitting, population and price, there can be a relationship. More supply of homes could eventually mean lower prices, particularly as market conditions continue to show signs of slowing for single‐family residential home sales.
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Building Permits
Year City of Vallejo Solano County
2007 70 866
2008 9 326
2009 45 586
2010 38 467
2011 25 387
2012 27 479
2013 0 540
2014 17 646
2015 27 1,036
2016 39 827
2017 43 840
2018 51 954
2019 54 1,078
2020 27 1,006
2021 30 1,141
2022 (Dec.) 17 945
Source: SOCDS Building Permits Database
New Home Pricing and Sales
The Gregory Group surveys active new home projects in California and Nevada. On the following page we present a table containing indicators for active single‐family residential projects the subject’s County for the past three years. The data include both attached and detached projects, but the vast majority of units are detached homes.
New Home Sales History, Solano County
Time Period Average price
% Change
Average Price
Average Home
Size (SF)
Average
Price/Avg SF
% Change
Price/SF Quarter Sold
Number of
Projects
Sold Per Proj.
Per Month
1Q 2020 $549,480 ‐‐ 2,359 $232.93 ‐‐ 228 27 2.81
2Q 2020 $553,890 0.8% 2,363 $234.40 0.6% 269 27 3.32
3Q 2020 $577,512 4.3% 2,457 $235.05 0.3% 246 22 3.73
4Q 2020 $598,760 3.7% 2,451 $244.29 3.9% 282 22 4.27
1Q 2021 $618,357 3.3% 2,381 $259.70 6.3% 400 27 4.94
2Q 2021 $666,202 7.7% 2,369 $281.22 8.3% 251 22 3.80
3Q 2021 $673,540 1.1% 2,340 $287.84 2.4% 199 22 3.02
4Q 2021 $679,903 0.9% 2,339 $290.68 1.0% 171 22 2.59
1Q 2022 $707,134 4.0% 2,325 $304.14 4.6% 272 20 4.53
2Q 2022 $710,802 0.5% 2,349 $302.60 ‐0.5% 142 19 2.49
3Q 2022 $687,243 ‐3.3% 2,288 $300.37 ‐0.7% 190 30 2.11
4Q 2022 $666,694 ‐3.0% 2,280 $292.41 ‐2.6% 151 32 1.57
In terms of the number of home sales in Solano County, over the last 12 months, the average was 2.68 sales per month per project, which was down from the average for the prior 12‐month period of 3.59 sales per month per project. The rise in interest rates over the course of 2022 has impacted the affordability and absorption of projects within the region. Note there was a drop in the average price DRAFT
Residential Market Analysis 20
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per average square foot from the high in the first quarter of 2022 to the fourth quarter of 2022, which was the first noticeable drop within the last several years. While the average price per square foot has dropped slightly, that figure does not include concessions being offered by each homebuilder.
Active New Home Projects Pricing and Absorption
There are 24 active projects in the market areas of Fairfield, Vacaville, and Dixon. Note there are no active new residential communities within the city of Vallejo. These projects are summarized in the tables on the following page, based on data from the Fourth Quarter of 2022.
Active Projects
Project Master Plan Community
Age
Restricted Developer Average Price
Avg. Home
Size (SF)
Avgerage
Price/SF
Typical
Lot Size
Units
Planned
Units
Offered
Units
Sold
Units
Unsold
Bristowe North Village Vacaville No Seeno Homes $792,278 2,735 $290 5,500 162 133 126 7 Camello Roberts Ranch Vacaville No Taylor Morrison Homes $758,901 2,627 $289 8,250 74 56 54 2 Creston One Lake Fairfield No Lennar Homes $657,880 2,341 $281 3,600 130 119 112 7 Enclave at Cordelia ‐ Fairfield No Discovery Homes $895,733 2,807 $319 4,500 121 89 85 4 Farmstead ‐ Vacaville No Taylor Morrison $661,375 1,988 $333 3,100 130 95 94 1 Four Seasons ‐‐ Autumn Homestead Dixon Yes K Hovnanian Homes $642,990 2,059 $312 4,000 152 16 9 7 Four Seasons ‐‐ Spring Homestead Dixon Yes K Hovnanian Homes $549,990 1,540 $357 2,700 150 13 5 8 Homestead Homestead Dixon No Meritage Homes $724,950 2,790 $260 9,600 99 98 95 3 Iris The Villages Fairfield No D.R. Horton Homes $661,843 1,857 $356 4,275 119 3 1 2 Marigold at the Villages The Villages at Fairfield Fairfield No Tri Pointe Homes $720,150 2,317 $311 3,200 119 119 119 0 Meadow Wood Homestead Dixon No Taylor Morrison Homes $659,684 2,213 $298 7,500 60 39 36 3 Midway Grove Homestead Dixon No Richmond American Homes $743,783 2,691 $276 10,000 88 88 81 7 Monte Verde ‐ Fairfield No Century Communities $687,990 2,267 $303 4,275 124 41 36 5 Orchards lll Valley Glen Dixon No Richmond American Homes $632,550 2,816 $225 8,500 84 35 26 9 Roberts Ranch Roberts Ranch Vacaville No Carson Homes $777,595 2,039 $381 6,500 51 51 49 2 Savannah ll Homestead Dixon No D.R. Horton $569,323 2,009 $283 7,100 159 150 143 7 Seasons Homestead Dixon No Richmond American Homes $562,950 2,118 $266 4,725 85 18 11 7 Sheffield Brighton Landing Vacaville No The New Home Company $665,556 2,067 $322 4,000 120 120 120 0 Shimmer One Lake Fairfield No Tri Pointe Homes $725,233 2,819 $257 4,100 96 82 80 2 Summer Walk The Villages Fairfield No Discovery Homes $779,700 2,443 $319 4,050 83 8 1 7 Sutton ‐ Dixon No Richmond American Homes $606,950 2,567 $236 7,000 121 63 55 8 Tramore Village ‐ Vacaville No Meritage Homes $638,617 1,735 $368 5,000 111 21 15 6 Waterford Village ‐ Vacaville No Meritage Homes $739,150 2,541 $291 6,000 83 29 24 5 Wildhawk Roberts Ranch Vacaville No KB Home $655,157 2,196 $298 7,700 74 50 47 3 Minimum $549,990 1,540 $225 2,700
Maximum $895,733 2,819 $381 10,000
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Average $687,930 2,316 $301 5,632
Residential Market Analysis 21
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Absorption
Project Builder
Avg. Home
Price
(4Q 22 Only)
Avg. Home Size
(4Q 22 Only)
Lot Size
(SF) 4Q 2022 3Q 2022 2Q 2022 1Q 2022
12‐Month
Total
Avg. Per
Quarter
Avg. Per
Month
Bristowe Seeno Homes $792,278 2,735 5,500 9 9 7 16 41 10.3 3.4 Camello Taylor Morrison Homes $758,901 2,627 8,250 5 25 ‐‐ 30 15.0 5.0 Creston Lennar Homes $657,880 2,341 3,600 6 5 12 20 43 10.8 3.6 Enclave at Cordelia Discovery Homes $895,733 2,807 4,500 7 9 7 8 31 7.8 2.6 Farmstead Taylor Morrison $661,375 1,988 3,100 6 5 6 24 41 10.3 3.4 Four Seasons ‐‐ Autumn K Hovnanian Homes $642,990 2,059 4,000 2 7 ‐‐ 9 4.5 1.5 Four Seasons ‐‐ Spring K Hovnanian Homes $549,990 1,540 2,700 0 5 ‐‐ 5 2.5 0.8 Homestead Meritage Homes $724,950 2,790 9,600 9 0 8 24 41 10.3 3.4 Iris D.R. Horton Homes $661,843 1,857 4,275 1 ‐‐‐ 1 1.0 0.3 Marigold at the Villages Tri Pointe Homes $720,150 2,317 3,200 5 6 4 28 43 10.8 3.6 Meadow Wood Taylor Morrison Homes $659,684 2,213 7,500 7 5 ‐‐ 12 6.0 2.0 Midway Grove Richmond American Homes $743,783 2,691 10,000 ‐2 2 1 3 4 1.0 0.3 Monte Verde Century Communities $687,990 2,267 4,275 12 24 ‐‐ 36 18.0 6.0 Orchards lll Richmond American Homes $632,550 2,816 8,500 3 ‐4 6 12 17 4.3 1.4 Roberts Ranch Carson Homes $777,595 2,039 6,500 2 3 10 17 32 8.0 2.7 Savannah ll D.R. Horton $569,323 2,009 7,100 15 11 15 22 63 15.8 5.3 Seasons Richmond American Homes $562,950 2,118 4,725 0 4 ‐‐ 4 2.0 0.7 Sheffield The New Home Company $665,556 2,067 4,000 2 ‐2 5 6 11 2.8 0.9 Shimmer Tri Pointe Homes $725,233 2,819 4,100 2 4 7 13 26 6.5 2.2 Summer Walk Discovery Homes $779,700 2,443 4,050 1 ‐‐‐ 1 1.0 0.3 Sutton Richmond American Homes $606,950 2,567 7,000 ‐10 ‐1 18 16 4.0 1.3 Tramore Village Meritage Homes $638,617 1,735 5,000 5 6 ‐‐ 11 5.5 1.8 Waterford Village Meritage Homes $739,150 2,541 6,000 6 11 ‐‐ 17 8.5 2.8 Wildhawk KB Home $655,157 2,196 7,700 2 13 ‐‐ 15 7.5 2.5 Total 104 148 87 211
No. of Active Projects 24 22 13 13
Quarterly Pro‐Rata 4.3 6.7 6.7 16.2
Monthly Pro‐Rata 1.4 2.2 2.2 5.4
2.8 Average Monthly Pro‐Rata
Encalve at Cordelia by Discovery Homes and Monte Verde by Century Communities are considered to be most similar to the subject with respect to location and potential home development of a vacant site. In the last 4 quarters the Enclave at Cordelia project averaged 2.6 sales per month, while Monte Verde averaged 6.0 sales per month. These projects are further detailed in the following tables.
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Residential Market Analysis 22
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Resale Pricing
The following table shows historical resale data for more recently built homes (2005 and newer) in the city of Vallejo. The resale market is analyzed as a further gauge of buyer demand for housing. Often home buyers are considering housing purchase options that cover both the new home market, as well as the resale market. From the resales information below we noted that the most recent sales appear to reflect a growing number of days required to complete the transactions, but buyers are paying at or near list price.
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Resales
Address Sale Date
Living Area
(SF) Sale Price Last List Price
Sale Price
/SF Sale/List Year Built
Days on
Market Lot Size
411 Rickover St 7/26/2022 2,203 $714,950 $714,950 $325 100.00% 2005 110 4,195 8412 Bennington Ct 9/15/2022 2,051 $700,000 $700,000 $341 100.00% 2005 115 4,948 300 Locust Dr #23 7/8/2022 1,348 $500,000 $475,000 $371 105.26% 2006 7 1,334 1234 Sonata 9/6/2022 1,238 $515,000 $515,000 $416 100.00% 2010 59 0 1142 Waltz Ct 7/29/2022 1,586 $560,000 $589,000 $353 95.08% 2007 50 1,507 1133 Symphony Way 9/1/2022 1,238 $475,000 $475,000 $384 100.00% 2007 89 1,115 7259 Willow Creek Cir 8/1/2022 2,747 $748,888 $798,888 $273 93.74% 2005 42 3,947 1011 Madrone Ave 8/30/2022 2,746 $730,500 $749,000 $266 97.53% 2005 56 3,999 350 Crisp Ave 8/30/2022 2,599 $775,000 $799,000 $298 97.00% 2005 45 7,579 1244 Sonata Dr 8/26/2022 1,167 $460,000 $460,000 $394 100.00% 2010 52 1,091 370 Klein Ave 7/8/2022 2,599 $775,000 $795,000 $298 97.48% 2005 6 8,329 501 Klein Ave 9/14/2022 2,496 $765,000 $765,000 $306 100.00% 2005 81 5,240 7295 Abbey Dr 12/23/2022 2,104 $700,000 $715,000 $333 97.90% 2009 148 4,000 7324 Abbey Dr 9/28/2022 2,261 $730,000 $729,000 $323 100.14% 2010 42 5,528 501 Valleyview Ct 9/23/2022 1,860 $655,000 $655,000 $352 100.00% 2005 64 6,247 6094 Ashwell Way 10/21/2022 2,264 $675,000 $675,000 $298 100.00% 2005 61 3,503 1058 Flagship Dr 9/6/2022 2,601 $680,000 $699,000 $261 97.28% 2007 20 4,987 424 Kirkland Ave 8/26/2022 2,803 $765,000 $769,000 $273 99.48% 2005 9 5,332 6615 Deerfield Dr 8/17/2022 2,609 $650,000 $675,000 $249 96.30% 2010 11 4,069 1231 Symphony Way #119 9/27/2022 1,513 $570,000 $585,000 $377 97.44% 2010 49 1,455 1105 Flagship Dr 8/29/2022 2,645 $679,000 $699,000 $257 97.14% 2005 10 4,064 1141 Sonata Dr #36 9/15/2022 1,586 $571,000 $571,000 $360 100.00% 2007 27 1,512 1129 Symphony Way 10/11/2022 1,513 $556,000 $559,000 $367 99.46% 2007 40 1,411 530 Klein Ave 9/23/2022 2,240 $715,000 $689,000 $319 103.77% 2005 10 4,325 617 Kirkland Ave 10/11/2022 2,039 $680,000 $699,000 $333 97.28% 2005 45 4,347 8720 Aquamarine Dr 11/10/2022 2,050 $750,000 $769,000 $366 97.53% 2019 62 7,200 960 Madrone Ave 12/12/2022 2,580 $675,000 $698,000 $262 96.70% 2005 80 4,040 1109 Sonata Dr 12/29/2022 1,586 $525,000 $555,000 $331 94.59% 2007 103 1,512 1207 Symphony Way 12/12/2022 1,167 $425,000 $425,000 $364 100.00% 2010 58 1,098 7219 Seaglass Drive 10/28/2022 2,560 $770,000 $799,000 $301 96.37% 2011 26 4,730 8234 Rainwater Dr 12/9/2022 2,266 $755,000 $769,000 $333 98.18% 2018 68 6,050 6269 Newhaven Ln 11/17/2022 2,019 $615,000 $635,000 $305 96.85% 2005 39 2,919 300 Locust Dr #21 11/30/2022 1,348 $460,000 $479,900 $341 95.85% 2006 32 1,355 7197 Calistoga Ct 1/27/2023 3,070 $835,000 $848,888 $272 98.36% 2015 53 3,999 7646 Tidewater Dr 1/6/2023 3,070 $835,000 $799,000 $272 104.51% 2016 18 5,210 300 Locust Dr #20 1/26/2023 1,348 $488,000 $500,000 $362 97.60% 2006 31 1,394 7331 Abbey Dr 2/8/2023 2,165 $660,000 $690,000 $305 95.65% 2011 3 5,454 Total Sales 37 2,089 $652,388 $662,774 $323 98.50% 2008 49 3,757 (avg.) (avg.) (avg.) (avg.) (avg.) (avg.) (avg.) (avg.) Ability to Pay
In this section, we will examine the ability to pay among prospective buyers for a representative price point of $600,000, based on a representative price point of a new home. First, we will estimate the required annual household income based on typical mortgage parameters in the subject’s market area. Specifically, we will employ a loan‐to‐value ratio of 80% (down payment of 20%), mortgage interest rate of 7.00%, 360 monthly payments, and a 35% ratio for the housing costs as a percent of monthly income (inclusive of principal, interest, all taxes and insurance).Property tax payments are accounted for in the analysis as well as homeowner’s insurance. The following table shows the estimate of the annual household income that would be required to afford homes priced at the representative price point.
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Income Required
Home Price $600,000
Loan % of Price (Loan to Value) 80%
Loan Amount $480,000
Interest Rate 6.75%
Mortgage Payment $3,113
Property Taxes $645 Based on 1.145178% plus $870
Property Insurance $100
Total Monthly Obligation $3,858
Mortgage Payment % of Income 35%
Monthly Income $11,024
Annual Income $132,287
in direct charges
Generally, interest rates have an inverse relationship on the affordability of a home. In short, all else being equal higher interest rates lower the price point for buyers based on income. Over the past several years, interest rates have remained historically low, often at or below 3.0%. Rates are still low, from a historical perspective, but have risen above 7.00%; though, rates have begun to decrease slightly. Conversations with sales agents in multiple new home projects noted there has recently been a slowing in demand for new residential homes. The combination of historically high new home prices and rising interest rates have reportedly begun to price some buyers out of entry‐level (lower‐priced) homes. While some projects seem to be affected more than others, predominately due to inventory levels. Coastal locations and limited supply submarkets appear to be faring better than emerging submarkets with a concentration of competing projects. Given the continued high inflation numbers, interest rates are expected to climb higher in the near term to try and tamper inflation. Continued high inflation will force prospective homeowners to account for other costs like groceries, gas, etc. over buying a new home at a higher interest rate.
Information from homebuilders over the last few weeks have noted more turmoil from pending buyers dropping out of contracts because of rising interest rates. Most homebuilders note pace of sales have slowed from the historic highs. Further, homebuilders are offering concessions in the form of buying down interest rates and discounted options, instead of decreasing their base prices. In some markets, there has been enough downward pressure on the market for homebuilders to offer concessions as well as drop their base prices. Prior to mid‐2022, homebuilders were able to sell homes faster than they were able to construct them, but with the rising interest rates this has since moderated. Based on current information and survey responses, recent increases in interest rates have begun to impact the pace of sales as well as pricing in most markets.
We have obtained income data from Claritas Spotlight by Environics Analytics, for a 5‐mile radius surrounding the subject property, which is considered representative of typical buyers for the subject property. In the following table we show the income brackets within the noted area, along with estimates of the percentage of households able to afford homes priced at the representative price point within each income bracket.
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Household Ability
Household Income Households
Percent of
Households
Percent Able
to Pay Households
Households Able
to Pay
< $15,000 4,155 7.9% 0.0% 0 0.0%
$15,000 ‐ $24,999 2,674 5.1% 0.0% 0 0.0%
$25,000 ‐ $34,999 2,750 5.2% 0.0% 0 0.0%
$35,000 ‐ $49,999 5,278 10.0% 0.0% 0 0.0%
$50,000 ‐ $74,999 8,064 15.3% 0.0% 0 0.0%
$75,000 ‐ $99,999 7,060 13.4% 0.0% 0 0.0%
$100,000 ‐ $124,999 5,717 10.8% 0.0% 0 0.0%
$125,000 ‐ $149,999 4,574 8.7% 70.9% 3,241 6.1%
$150,000 ‐ $199,999 5,806 11.0% 100.0% 5,806 11.0%
$200,000 ‐ $249,999 3,027 5.7% 100.0% 3,027 5.7%
$250,000 ‐ $499,999 2,500 4.7% 100.0% 2,500 4.7%
$500,000+ 1,094 2.1% 100.0% 1,094 2.1%
52,699 100.0% 15,668 29.7%
Conclusions
Demand for homes in the subject’s market area is currently moderating as indicated by the overall trend of building permit activity, new home sales prices and absorption rates within new home projects in the subject’s area. While the market is currently moderating, the market is anticipated to be more balanced when the subject is ready for development given the extended entitlement process.
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Land Description and Analysis 26
Vallejo Educational Academy
Property Analysis
Land Description and Analysis
Land Description
Land Area 5.21 acres; 226,948 SF
Source of Land Area Public Records
Primary Street Frontage Farragut Avenue
Secondary Street Frontage Buena Vista Avenue
Shape Irregular
Corner No
Topography Gently Sloping
Drainage No problems reported or observed
Environmental Hazards None reported or observed
Ground Stability No problems reported or observed
Flood Area Panel Number 06095C‐0607F
Date August 3, 2016
Zone X
Description Outside of 500‐year floodplain
Insurance Required? No
Zoning; Other Regulations
Zoning Jurisdiction City of vallejo Planning Department Zoning Designation PS
Description Public and Semi‐Public
Legally Conforming? Appears to be legally conforming
Zoning Change Likely? No
Permitted Uses The PS Zoning District is intended to regulate areas that provide governmental and quasi‐governmental services and supportive services.
Other Land Use Regulations None noted
Utilities
Service Provider
Water City of Vallejo
Sewer City of Vallejo
Electricity PG&E
Natural Gas PG&E
Local Phone Various Providers
The subject generally slopes from Farragut Avenue to the north down to the southern portion of the subject. The south line of the subject is bordered by a rail line. The rail line is not believed to be in current use and is associated with the former military use of Mare Island. The subject’s location along DRAFT
Land Description and Analysis 27
Vallejo Educational Academy
a rail corridor is considered to be a less desirable influence. The subject property is accessible from Farragut Avenue to the north and Buena Vista Avenue to the south.
The subject is currently zoned PS, Public and Semi‐Public. To redevelop the subject property, the subject would have to be rezoned. The State of California Government Code Section 65852.9 states that unused school sites, “can be developed to the same extent as is permitted on adjacent property”.
However, several conditions must be met to approve a rezone of an unused school, but “the intent of the Legislature to expedite the process of zoning the property to avoid unnecessary costs and delays to the school district. However, school districts shall be charged for the administrative costs of this rezoning.”
The City of Vallejo General Plan land use as Public Facilities and Institutions. The land surrounding the subject is designated Primarily Single‐Family (R‐SF), which applies to neighborhoods primarily characterized by detached single‐family homes, although some older areas also have attached dwellings and small stores. The maximum permitted residential density in the R‐SF designation is nine dwelling units per acre; however, in single‐family areas where accessory dwelling units are allowed, maximum permitted residential density is 12 dwelling units per acre.
The subject is adjacent to properties with Residential Low Density (RLD) zoning, which allows for various residential uses. The maximum density allowed within the RLD zoning is nine units to the acre along with a minimum lot size of 5,000 square feet. There are additional conditions where the density of the zoning could be increased; however, the density cannot exceed the maximum allowable within the general plan, which is consistent with the current zoning at nine units per acre.
The subject is also proximate to properties zoned Residential Medium Density (RMD) and a general plan land use of Mix of Housing Types. The RMD zoning allows for a variety of housing types including attached and detached, and small apartment buildings, subject to density limits (up to twenty‐five dwelling units per acre).
If the school district were to pursue the rezone of the subject, it is anticipated the property would be rezoned Residential Low Density consistent with the adjacent properties. However, the value of the subject would be greater if the zoning would be Residential Medium Density, which allows for denser housing. We are not experts in the interpretation of zoning ordinances. An appropriately qualified land use attorney should be engaged if a determination of compliance with zoning is required.
Easements, Encroachments and Restrictions
A current title report was not provided for review. There are no apparent easements, encroachments, or restrictions that would adversely affect value. This valuation assumes no adverse impacts from easements, encroachments, or restrictions, and further assumes that the subject has clear and marketable title.
The inspection of the property revealed no obvious easements. However, the eastern driveway access to Farragut Avenue appears to be on an adjacent parcel APN 0055‐044‐180, which is owned by the City of Vallejo, based on a review of the parcel map as well as DataTree by First American Title. It is assumed the eastern driveway access are located on the subject site and not on an adjacent parcel.
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Land Description and Analysis 28
Vallejo Educational Academy
Seismic Hazards
All properties in California are subject to some degree of seismic risk. The Alquist‐Priolo Earthquake Fault Zoning Act was enacted by the State of California in 1972 to regulate development near active earthquake faults. The Act required the State Geologist to delineate “Earthquake Fault Zones” (formerly known as “Special Studies Zones”) along known active faults in California. Cities and counties affected by the identified zones must limit certain development projects within the zones unless geologic investigations demonstrate that the sites are not threatened by surface displacement from future faulting.
According to information from the California Department of Conservation and the California Geological Survey, the subject is not located within an Alquist‐Priolo Special Studies Zone. The subject is not located in a liquefaction zone.
Conclusion of Site Analysis
Overall, the physical characteristics and the availability of utilities result in a functional site, suitable for a variety of uses.
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Land Description and Analysis 29
Vallejo Educational Academy
Aerial
*Boundaries are approximate
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Land Description and Analysis 30
Vallejo Educational Academy
Parcel Map
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Improvements Description and Analysis 31
Vallejo Educational Academy
Improvements Description and Analysis
The subject is an existing public school, Vallejo Educational Academy, containing 26,896 square feet of rentable area. The subject is located at the southeast corner of Farragut Avenue and Buena Vista Avenue, within the city of Vallejo, Solano County, California. The subject was constructed in 1957 and is 100% owner occupied. The subject improvements are in fair condition and consist of three permanent buildings and eight modular structures. The site area is 5.21 acres or 226,948 square feet.
The layout of the subject consists of a main building, administrative building, multi‐purpose room, and eight modular buildings/classrooms. The main building has ten classrooms along with several restroom facilities, the administration building consists of office space. The multi‐purpose room features a large open room with a stage on one end and a kitchen. Clear heights in the multi‐purpose room are around 20 feet. The modular buildings are not permanent structures and are considered to have inferior construction quality compared to the permanent buildings. Several of the modular classrooms have interior restrooms and consist of 8,000 square feet of the total rentable area.
Both the modular and permanent buildings have deferred maintenance. The modular units have deferred maintenance, which is noticed in the photos later within the report and includes water damage to the siding. The modular units are at the end of their useful life. The permanent buildings also exhibit deferred maintenance, but not as significant as the modular buildings. The improvements are considered to be nearing the end of their economic life. In the current market, significant renovation of the subject would not justify an adequate return for the subject’s current use.
Therefore, the modular buildings are considered to be fully depreciated and are not included within the valuation of the subject improvements. Excluding the modular units, the subject property has a rentable area of 18,896 square feet. A more detailed description of the subject’s improvements is provided in the
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following tables.
Improvements Description and Analysis 32
Vallejo Educational Academy
Improvements Description
Name of Property Vallejo Educational Academy
General Property Type Public School
Property Sub Type Governmental/Institutional
Competitive Property Class C
Occupancy Type Owner Occupied
Number of Buildings 11 (3 permanent/8 modular)
Stories 1
Construction Class D
Construction Type Wood frame
Construction Quality Average
Condition Fair
Gross Building Area (SF) 26,896
Rentable Area (SF) 18,896
Land Area (SF) 226,948
Floor Area Ratio (RA/Land SF) 0.08
Floor Area Ratio (GBA/Land SF) 0.12
Building Area Source Owner
Year Built 1957
Actual Age (Yrs.) 66
Estimated Effective Age (Yrs.) 40
Estimated Economic Li fe (Yrs.) 50
Remaining Economic Li fe (Yrs.) 10
Number of Parking Spaces 118
Source of Parking Count Inspection
Parking Type Painted and striped
Parking Spaces/1,000 SF RA 6.24
Construction Details
Foundation Concrete slab
Structural Frame Wood frame
Exterior Walls Stucco
Windows Aluminium framed with tinted glass
Roof Built‐up composition
Interior Finishes Fair
Floors Vinyl flooring
Walls Painted and textured drywall
Ceilings Acoustical T‐bar
Lighting Recessed and affixed fluorescents
HVAC Central
Electrical Adequate
Plumbing Adequate
Sprinklers None
Landscaping Average
Paving Average, but needs to be resealed
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Improvements Description and Analysis 33
Vallejo Educational Academy
Occupancy Status
The property is tenant occupied; however, the lease is not going to be renewed and the current tenant will vacate the property after the 2023 school year.
Improvements Analysis
Quality and Condition
The improvements are of average‐quality construction and are in fair condition with dated interior finishes. Overall, the subject has deferred maintenance and a significant renovation does not justify an adequate return for the subject’s current use. As previously stated, the modular units are at the end of their useful life. Therefore, the modular buildings are considered to be fully depreciated and are not included within the valuation of the subject improvements. Given the demand for residential uses in the Bay Area, it is the highest and best use of the subject to demolish the existing improvements and develop a residential project.
Functional Utility
The improvements appear to be adequately suited to their current use. Based on the property inspection and consideration of the foregoing, there do not appear to be any significant items of functional obsolescence.
ADA Compliance
Based on the property inspection and information provided, there are no apparent ADA issues.
However, ADA matters are beyond the scope of expertise of the assignment participants, and further study by an appropriately qualified professional would be recommended to assess ADA compliance.
Hazardous Substances
Stantec Consulting Services Inc., located at 2250 Douglas Boulevard, Suite 260 Roseville, California 95661, performed a Phase I Environmental Site Assessment (ESA) of 301 Farragut Avenue, Vallejo, California (the Subject Property) dated May 18, 2023. The analysis completed as part of the ESA revealed a former dry cleaner (Springs Cleaners) operated at 312 Tennessee Street, located approximately 850 feet southeast of and downgradient from the Subject Property, beginning in 1966. The site has undergone multiple investigations pertaining to an uncontrolled release of drycleaning solvents and related compounds. Recent data for this site (2023) indicates the extent of the groundwater plume has not been fully delineated; although, it appears that groundwater generally flows away from the Subject Property. Site data related to this former dry cleaner property indicates some of the drycleaning solvents and related compounds have migrated offsite to the north‐ northwest in soil vapor, toward the Subject Property, and is present at concentrations exceeding risk‐ based screening criteria at a distance of at least 200 feet from the former dry cleaner (approximately 600 feet from the southeastern boundary of the Subject Property). The documented presence of solvent and related compounds in soil vapor attributable to the former dry cleaner, the documented offsite presence of soil vapor concentrations exceeding risk‐based screening criteria, and the undefined extent of the offsite soil vapor plume north‐northwest of the dry cleaner site in the direction of the Subject Property, represents a recognized environmental condition (RECs) and potential vapor encroachment condition (VEC) for the Subject Property. Stantec recommends a Phase II ESA designed to investigate whether any solvents and related compounds originating from the dry cleaner facility have impacted soil vapor beneath the Subject Property. The analysis completed in this DRAFT
Improvements Description and Analysis 34
Vallejo Educational Academy
appraisal report assumes the recommendations of the environmental report are followed. Any costs of mitigation are presumed to be the responsibility of the owner/seller of the subject.
Personal Property
No personal property items are identified which would have any material contribution to market value. As noted, the modular units are considered to be at the end of their useful life and do not contribute anything of value to the subject property.
Conclusion of Improvements Analysis
In comparison to competitive properties in the market, the subject improvements are rated as follows:
Improvements Ratings
Visibility/Exposure Average
Design and Appearance Below Average
Age/Condition Below Average
Interior Amenities Below Average
Landscaping Average
Overall, the quality, condition, and functional utility of the improvements are less than average for their age and location; however, the improvements represent an underutilization of the site, and the analysis herein pertains to the value of the underlying land.
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Improvements Description and Analysis 35
Vallejo Educational Academy
Looking southwst across the subject property Looking northeast across the subject property Looking southeast across the subject property Looking south across the subject property Looking south across the subject property Looking northwest across the subject property DRAFT
Improvements Description and Analysis 36
Vallejo Educational Academy
Looking northwest across the subject property Multipurpose room exterior Breezeway Hallway
Subject exterior Subject exterior
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Improvements Description and Analysis 37
Vallejo Educational Academy
Subject exterior Hallway
Subject exterior Looking south along Buena Vista Avenue Looking east along Farragut Avenue Looking west along Farragut Avenue DRAFT
Real Estate Taxes 38
Vallejo Educational Academy
Real Estate Taxes
The property tax system in California was amended in 1978 by Article XIII to the State Constitution commonly referred to as Proposition 13. It provides for a limitation on property taxes and for a procedure to establish the current taxable value of real property by reference to a base year value, which is then modified annually to reflect inflation (if any). Annual increases cannot exceed 2% per year.
The base year was set at 1975‐76 or any year thereafter in which the property is substantially improved or changes ownership. When either of these two conditions occurs, the property is to be reappraised at market value, which becomes the new base year assessed value. Proposition 13 also limits the maximum tax rate to 1% of the value of the property, exclusive of bonds and direct charges.
Bonded indebtedness approved prior to 1978, and any bonds subsequently approved by a two‐thirds vote of the district in which the property is located, can be added to the 1% tax rate.
The subject property has a tax exemption associated with ad valorem taxes, as the current entity occupying the property is a government entity and is tax exempt from ad valorem taxes. Note that if the tenant/user were to change to a private entity, ad valorem taxes would apply.
If the property were to transfer to a private entity, based on the surrounding properties, the subject would have an annual tax rate of 1.1451780%. In addition to the ad valorem tax rate, single‐family residences in the vicinity of the subject have several direct charges estimated at $870 per unit, not including special taxes. The direct charges are in perpetuity (i.e., cannot be paid off).
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Highest and Best Use 39
Vallejo Educational Academy
Highest and Best Use
The highest and best use of a property is the reasonably probable use resulting in the highest value, and represents the use of an asset that maximizes its productivity.
Process
Before a property can be valued, an opinion of highest and best use must be developed for the subject site, both as though vacant, and as improved or proposed. By definition, the highest and best use must be:
Physically possible.
Legally permissible under the zoning regulations and other restrictions that apply to the site. Financially feasible.
Maximally productive, i.e., capable of producing the highest value from among the permissible, possible, and financially feasible uses.
As Though Vacant
Legally Permissible
The site is zoned PS, Public and Semi‐Public, which allows for public uses. To redevelop the subject property, the subject would have to be rezoned. The State of California Government Code Section 65852.9 states that unused school sites, “can be developed to the same extent as is permitted on adjacent property”. However, several conditions must be met to approve a rezone of an unused school, but “the intent of the Legislature to expedite the process of zoning the property to avoid unnecessary costs and delays to the school district. However, school districts shall be charged for the administrative costs of this rezoning.”
The highest and best economic use would be to rezone the subject property consistent with adjacent uses. The subject is adjacent to properties with Residential Low Density (RLD) zoning, which is considered to be the most likely zoning the subject would have. As noted, the subject is also located proximate to properties zoned Residential Medium Density (RMD), which allows for denser housing. If the owner were to pursue the rezone of the subject, it is anticipated the property would be rezoned Residential Low Density consistent with the adjacent properties. However, the value of the subject would be greater if the zoning would be Residential Medium Density, which allows for denser housing.
Once the property is rezoned, to our knowledge, there are no legal restrictions such as easements or deed restrictions that would effectively limit the use of the property. Given highest and best economic use and prevailing land use patterns in the area, only residential use is given further consideration in determining highest and best use of the site, as though vacant.
Physically Possible
The physical characteristics of a site that affect its possible use(s) include, but are not limited to, location, street frontage, visibility, access, size, shape, topography, availability of utilities, off‐site improvements, easements and soil and subsoil conditions. The physical characteristics are examined to see if they are suited for the legally permissible use.
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Highest and Best Use 40
Vallejo Educational Academy
The physical characteristics of the subject property support development. The subject is not located in an adverse earthquake or flood zone. Surrounding land uses are compatible and/or similar to the legally permissible uses. Residential subdivision on nearby properties provides support that soils are adequate for development. Site generally slopes from Farragut Avenue to the north down to the southern portion of the subject, however, it does not appear like it would affect the development of the site.
Financially Feasible
Financial feasibility depends on supply and demand influences. With respect to financial feasibility of single‐family residential development, consideration to the current state of the residential housing market and its impact on the residential land market is necessary. As previously discussed in the Residential Market Analysis section, the significant rise in mortgage interest rates have an inverse relationship on the affordability of a home. Prior to this year, interest rates remained historically low, often at or below 3.0%. However, while mortgage rates are still low from a historical perspective, they have recently risen to as much as 7.00%, only recently dropping below 7.00%. Conversations with sales agents in multiple new home projects noted there has recently been a slowing in demand for new residential homes, which is pricing some buyers out of entry‐level (lower priced) homes.
Information from homebuilders over the last several weeks have noted the discernible increase in mortgage payments due to rising rates has caused a growing number of pending buyers to drop out of contract. As a result, homebuilders are offering concessions in the form of buying down interest rates and discounted options, in addition to decreasing their base prices. Prior to mid‐2022, homebuilders were able to sell homes faster than they were able to construct the homes, but with moderating demand due to rising interest rates and inflation factors construction delivery is no longer a project challenge.
The downward shift in home prices in the Fourth Quarter 2022 is having a significant impact on underlying land/lot values, with land brokers indicating an abrupt drop in builder demand for developable lots and challenges in selling lots presently available. Development of unimproved residential lots may be financially feasible, if the vacant land is acquired at prices commensurate with current new home pricing. Due to existing inventories for many builders, additional land and lot acquisitions may not be the maximally productive use of vacant land (discussed below).
Maximally Productive
Legal, physical, and market conditions have been analyzed to evaluate the highest and best use of the appraised properties as vacant. The analysis is presented to evaluate the type of use(s) that will generate the greatest level of future benefits possible to the property. Based on the factors previously discussed, the maximally productive use of the appraised properties, and its highest and best use as vacant, may be to hold for future single‐family residential development. While land development might be feasible (generates revenue at least some increment greater than cost to complete), it may not be the maximally productive use in the near term. The probable buyer of vacant land in the residential space is a merchant builder. For the most part these likely buyers have existing inventories, which under current new home pricing and pace of sales may supply their needs into the foreseeable future.
Conclusion
Development of the site for residential use is the only use that meets the four tests of highest and best use. Therefore, it is concluded to be the highest and best use of the property as if vacant.
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Highest and Best Use 41
Vallejo Educational Academy
As Improved
As with the highest and best use as though vacant, the four tests of highest and best use must also be applied to the subject property considering the in‐place improvements. Consideration must be given to the continued as‐is use of the subject, as well as alternative uses for the property. The potential alternative uses consist of demolition, expansion, conversion or renovation. A discussion of the possible “as improved” uses is offered below and on the following page.
Demolition
One alternative would be to demolish the subject structures, creating a vacant site. Based on the analysis contained herein, the land value minus demolition costs is slightly less than the value of current improvements in place; however, the current improvements have deferred maintenance and are nearing the end of their economic life. The current improvements in place represent an underutilization of the site. Therefore, the highest and best use as improved for the subject property is to rezone to residential use, demolish the existing improvements, and seek entitlements to build a residential project. As will be shown in this section, the value of the current improvements is less than the land value minus the demolition costs.
Highest and Best use Analysis
For purposes of analysis, we valued the current improvements in place via the sales comparison. The sales comparison approach is considered to be the best indicator of value as the most probable buyer of the subject’s current use as a school/church is an owner user. We did not analyze the subject’s improvements utilizing the income capitalization approach because there is a lack of a rental market for similar properties with the subject’s larger square footage that would permit us to develop a reliable estimate of the property’s income generating potential. Note the sale comparables are shown in the addenda of the report.
Sales Comparison Approach
The sales comparison approach develops an indication of value by comparing the subject to sales of similar properties, which include schools, daycares, and churches. Daycares tend to have less square footage in comparison to the subject property and were not utilized in our analysis. For this analysis, we use price per square foot of rentable area as the appropriate unit of comparison because market participants typically compare sale prices and property values on this basis.
As previously stated, the modular units are at the end of their useful life. Therefore, the modular buildings are considered to be fully depreciated and are not included within the valuation of the subject improvements. Given the current condition of the subject improvements, it is anticipated the adjusted range of the comparables will shift to the low end of the range. The most relevant sales are summarized in the following table.
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Highest and Best Use 42
Vallejo Educational Academy
Summary of Comparable Improved Sales
No. Name/Address
Sale
Date;
Status
Yr. Blt.;
# Stories;
% Occ.
Acres;
FAR;
Parking Ratio
Prop Class;
Const Type;
Prop Rights Sale Price
Rentable
SF
$/Rentable
SF
1 New Bethel Missionary Nov‐22 1999 0.65 C $675,000 10,206 $66.14 360 Central Ave. Closed 1 0.36 Wood frame
Pittsburg – 1.47/1,000 Fee Simple
Contra Costa County
CA
2 Tri ni ty Church Feb‐22 1981 9.88 A‐ $11,640,000 65,636 $177.34 557 Olivina Ave. Closed 2 0.15 Wood frame
Livermore 100% – Fee Simple
Alameda County
CA
3 2275 Arlington Dr. Feb‐22 1970 9.32 B $5,000,000 20,250 $246.91 2275 Arlington Dr. Closed 2 0.05 Wood frame
San Leandro 100% – Fee Simple
Alameda County
CA
4 2100 Pennsylvania Ave Feb‐22 1997 4.89 C $2,000,000 17,954 $111.40 2100 Pennsylvania Ave. Closed 2 0.08 Wood frame
Fairfield 100% – Fee Simple
Solano County
CA
5 1265 Dainty Ave. Sep‐19 1917 1.98 C $2,775,000 17,218 $161.17 1265 Dainty Ave. Closed 2 0.20 Wood frame
Brentwood 100% – Fee Simple
Contra Costa County
CA
Subject 1957 5.21 C 18,896
Vallejo Educational 1 0.08 Wood frame
Vallejo, CA NA 6.24/1,000 Fee Simple
Comments: This is a sale of a church with fair improvements. The property has 2.41 acres of land area and is located adjacent to newer residential housing. It is unclear if the improvements are going to be demolish and redeveloped.
Comments: This comparable represents the sale of a school which was sold to the tenant. This tenant had occupied the property for over 10 years. The buyer is a non‐profit that runs a school for disadvantaged children in the facility.
Comments: This comparable represents the sale of a religious and educational facility located in Livermore. Buyer is a broker who has no current plans for the facility beyond a lease to the seller for two years.
Comments: This is the sale of a religious facility in Fairfield, CA. According to the listing broker, the seller accepted a lower sale price with the understanding with the buyer they would continue to use some of the facilities on a limit basis. Went into escrow at the sale price in August 2018. Buyer paid for several major repairs during escrow period, including the roof.
Comments: This comparable represents the sale of a school to Dominion Life Christian Center. The property could be utilized for a school, church, or other public gathering institution.
Value Indication
The sales reflect an unadjusted range of $66.14 ‐ $246.91 per square foot. All of the comparables received a similar degree of adjustments and adjusted toward the lower end of the range. Comparable 1 appears to be a redevelopment project as its improvements are also in fair condition despite being constructed in 1999. Comparable 1 is a good indicator of value despite its higher floor area ratio.
Comparable 2 is given guarded reliance due to its superior location, quality of improvements, and effective age. Similarly, Comparable 3 is also given less emphasis due to its superior location, effective age, and floor area ratio. Comparable 4 is considered to be the most similar to the subject property despite having a superior effective age. Comparable 5 reportedly was renovated prior to the sale of the property and are superior to the subject property. Therefore, it is also given guarded reliance.
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Highest and Best Use 43
Vallejo Educational Academy
Considering the previous analysis and current market conditions, we estimate the market value of the subject’s current improvements via the sales comparison approach as follows.
Price per Square Foot Analysis
Indicated Value per SF $95.00
Subject Square Feet 18,896
Indicated Value $1,795,120
Rounded $1,800,000
Our conclusion of market value for the current improvements in place is $1,800,000, which is less than the market value of the land including the demolition costs, which is estimated at $2,080,000. Given the estimate of land value including the demotion is greater than the current value of the subject improvements, the highest and best use is to demolition the current improvements and pursue entitlements for the subject. Given the current deferred maintenance of the subject improvements, it is anticipated the gap between the contributory value of the improvements in place and the value of the land minus demolition costs continue to grow.
Highest and Best use ‐ Conclusion
Legal, physical and financial considerations, as well as alternative uses, have been analyzed to evaluate the highest and best use of the subject property as improved. Based on this analysis, the subject’s highest and best use as improved is to demolish the existing improvements and seek entitlements to rezone to residential use, demolish the existing improvements, and seek entitlements to build a residential project. The most probable buyer would be an investor who would purchase the subject with plans
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to redevelop the subject as a residential development or a land speculator.
Valuation Methodology 44
Vallejo Educational Academy
Valuation
Valuation Methodology
Appraisers usually consider three approaches to estimating the market value of real property. These are the cost approach, sales comparison approach and the income capitalization approach.
The cost approach assumes that the informed purchaser would pay no more than the cost of producing a substitute property with the same utility. This approach is particularly applicable when the improvements being appraised are relatively new and represent the highest and best use of the land or when the property has unique or specialized improvements for which there is little or no sales data from comparable properties.
The sales comparison approach assumes that an informed purchaser would pay no more for a property than the cost of acquiring another existing property with the same utility. This approach is especially appropriate when an active market provides sufficient reliable data. The sales comparison approach is less reliable in an inactive market or when estimating the value of properties for which no directly comparable sales data is available. The sales comparison approach is often relied upon for owner‐user properties.
The income capitalization approach reflects the market’s perception of a relationship between a property’s potential income and its market value. This approach converts the anticipated net income from ownership of a property into a value indication through capitalization. The primary methods are direct capitalization and discounted cash flow analysis, with one or both methods applied, as appropriate. This approach is widely used in appraising income‐producing properties.
Reconciliation of the various indications into a conclusion of value is based on an evaluation of the quantity and quality of available data in each approach and the applicability of each approach to the property type.
The methodology employed in this assignment is summarized as follows:
Approachesto Value
Approach Applicability to Subject Use in Assignment
Cost Approach Not Applicable Not Utilized
Sales Comparison Approach Applicable Utilized
Income Capitalization Approach Not Applicable Not Utilized DRAFT
Valuation 45
Vallejo Educational Academy
Sales Comparison Approach
The sales comparison approach develops an indication of value by comparing the subject to sales of similar properties. The steps taken to apply this approach are:
Identify relevant property sales;
Research, assemble, and verify pertinent data for the most relevant sales; Analyze the sales for material differences in comparison to the subject; Reconcile the analysis of the sales into a value indication for the subject.
To apply the sales comparison approach, we searched for sale transactions within the following parameters:
Property Type: Residential land
Location: Vallejo and surrounding areas
Size: 2.50 to 30 acres of land area
Transaction Date: 2020 or later
For this analysis, we use price per square foot as the appropriate unit of comparison because market participants typically compare sale prices and property values on this basis. The most relevant sales are summarized in the following table.
We will analyze the subject as if the structures have already been demolished and account for the demolition costs in the conclusion of the sales comparison approach.
As noted, the highest and best use of the subject property is to rezone to residential use, demolish the existing improvements, and seek entitlements to build a residential project. Therefore, we will analyze the subject as if it is zoned Residential Low Density (RLD), which is consistent with the zoning of surrounding properties. Given The State of California Government Code Section 65852.9, it is not anticipated the rezone of the subject property would be denied or take an extended period of time.
For purposes of this analysis, it is assumed the subject is zoned for residential use.
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Valuation 46
Vallejo Educational Academy
Summary of Comparable Land Sales
No. Name/Address
Sale Date;
Status Sale Price
SF;
Acres Zoning
$/SF
Land $/Acre
1 1776 Sunset Ave Jan‐23 $2,960,000 379,408 RLM and RM $7.80 $339,839 Fairfield In‐Contract 8.71
Solano County
CA
2 Parkside Villas Mar‐22 $5,200,000 262,667 PD‐35 $19.80 $862,355 1925 Apricot Way Closed 6.03
Brentwood
Contra Costa County
CA
3 71‐Lot Subdivision Oct‐21 $4,019,000 324,086 Residential $12.40 $540,188 Cordelia Rd Closed 7.44
Suisun City
Solano County
CA
4 Monte Verde Apr‐21 $6,572,000 1,223,600 RLM $5.37 $233,962 SEC of Peabody Road & Dobe Lane Closed 28.09
Fairfield
Solano County
CA
5 Bennett Estates Feb‐21 $1,525,000 217,800 R‐1‐10 $7.00 $305,000 3405 O'Hara Ave. Closed 5.00
Brentwood
Contra Costa County
CA
6 421 Madison Street Mar‐23 $1,400,000 95,832 RM‐D $14.61 $636,364 421 Madison St. Listing 2.20
Fairfield
Solano County
CA
Subject 226,948 PS
Vallejo Educational Academy 5.21
Vallejo, CA
Comments: This is a pending sale of 8.71 acres of vacant residential land with an existing single‐family residence. Originally, the property was listed as two separate adjacent properties containing 5.89 acres and 2.82 acres as there are two different sellers. Both of the properties are under contract to one buyer. The smaller parcel is located just outside of the city limits of Fairfield and will need to be annexed into the city, which has taking a considerable amount of time. The property is proposed for 130 residential units, which would imply a density of 14.93 uni ts per acre.
Comments: Sale of 36 paper lots comprising the proposed Parkside residential subdivision. Site development costs are estimated at $188,056 per lot and permits and fees are $61,781 per lot. Developer Richmond American is planning three floor plans ranging in size from 2,012 to 3,212 square feet; proposed pricing is between approximately $761,000 and $840,000. The typical lot size is 7,290 square feet.
Property is proposed for SCIP financing to fund certain impact fees, though this was not in‐place at the time of sale. Net permits and fees after bond financing calculate to $40,878 per lot. Annual special taxes would be approximately $3,837 per lot.
Comments: This is a sale of 71 paper lots with a tentative map in place at the time of the sale. The property was previously developed into a middle school and has a proposed density of 9.54 units per acre.
Comments: This comparable represents the sale of 124 paper lots (4,140 SF typical) with a tentative map in place. Site costs are approximately $92,082 per lot and permits & fees average $59,603 per lot. The buyer plans to construct 4 floor plans ranging in size from 2,030 to 2,476 square feet with pricing ranging from $600,000 to $660,000.
Comments: This transaction represents the sale of 14 paper lots with a typical size of 11,800 square feet. The property had an approved tentative map at the time of sale. The buyer obtained final map approval after COE. The Developer plans to construct two floor plans: 2,613 square feet priced at $980,000 and 3,758 square feet priced at $1,170,000. Permits & fees are $103,422 per lot and development costs are $164,286 per lot.
Comments: This is a listing of residential land located within Downtown Fairfield. The property is zoned RM‐D, which allows for a densi ty of 8‐15 uni ts per acre. The density could be increased with a conditional use permit to 35 uni ts per acre. The property was previously developed as a school site. The list price was determined by the school district. The property has reported received several offers since it is has been listed wi th some of the offers at or close to list price.
DRAFT
Valuation 47
Vallejo Educational Academy
Comparable Land Sales Map
DRAFT
Valuation 48
Vallejo Educational Academy
Sale 1
1776 Sunset Ave
Sale 2
Parkside Villas
Sale 3
71‐Lot Subdivision
Sale 4
Monte Verde
Sale 5
Bennett Estates
Sale 6
421 Madison Street
DRAFT
Valuation 49
Vallejo Educational Academy
Analysis and Adjustment of Sales
Adjustments are based on a rating of each comparable sale in relation to the subject. The adjustment process is typically applied through either quantitative or qualitative analysis, or a combination of both analyses. Quantitative adjustments are often developed as dollar or percentage amounts, and are most credible when there is sufficient data to perform a paired sales analysis.
While percentage adjustments are presented in the adjustment grid, they are based on qualitative judgment rather than empirical research, as there is not sufficient data to develop a sound quantitative estimate. Although the adjustments appear to be mathematically precise, they are merely intended to illustrate an opinion of typical market activity and perception. With the exception of market conditions, the adjustments are based on a scale, with a minor adjustment in the range of 1‐ 5% and a substantial adjustment considered to be 20% or greater.
The rating of each comparable sale in relation to the subject is the basis for the adjustments. If the comparable is superior to the subject, its sale price is adjusted downward to reflect the subject’s relative attributes; if the comparable is inferior, its price is adjusted upward.
Transactional adjustments are applied for property rights conveyed, financing, conditions of sale, expenditures made immediately after purchase, and market conditions. In addition, property adjustments include – but are not limited to – location, access/exposure, size, quality, effective age, economic and legal characteristics, and non‐realty components of value. Adjustments are considered for the following factors, in the sequence shown below.
Adjustment Factor Accounts For Comments
Real Property Rights Fee simple, leased fee, leasehold, partial interest, etc.
The opinion of value in this report is
based on a fee simple estate,
subject only to the limitations
imposed by the governmental
powers of taxation, eminent
domain, police power and escheat,
as well as non‐detrimental
easements, community facility
districts and conditions, covenants
and restrictions (CC&Rs). All of the
comparables represent fee simple
estate transactions. Therefore,
adjustments for property rights are
not necessary.
Financing Terms Seller financing, or assumption of
existing financing, at non‐market
terms.
The comparable sales represent all
cash/cash to seller transactions and
do not require adjustments.
DRAFT
Valuation 50
Vallejo Educational Academy
Adjustment Factor Accounts For Comments
Conditions of Sale Extraordinary motivation of buyer
or seller, assemblage, forced sale.
Comparable 1 is a pending
transaction and is adjusted
downward for typical buyer and
seller negotiations. Attempts were
made to confirm the pending sale
price, but the attempts were not
returned. Similarly, Comparable 6 is
an active listing and warrants a
downward adjustment. All of the
remaining comparables are market
transactions and do no warrant an
adjustment for conditions of sale.
Market Conditions Changes in the economic
environment over time that affect
the appreciation and depreciation
of real estate.
Interest rates have drastically
increased over the last year making
financing more expensive.
Therefore, the comparables
transacted in early 2022 or later are
adjusted downward.
Location Market or submarket area
influences on sale price;
surrounding land use influences.
The subject is located in Vallejo. All
of the comparables except for
Comparable 3 are located in
superior locations which generally
command higher average lease
rates and sale prices relative to the
subject’s location, all else being
equal. As such, these comparables
are adjusted downward.
Conversely, Comparable 3 is located
in an inferior location and warrants
an upward adjustment.
Access/Exposure Convenience to transportation
facilities; ease of site access;
visibility; traffic counts.
The subject has average
access/exposure. All of the
comparable exhibit similar
access/exposure and do not
warrant an adjustment.
DRAFT
Valuation 51
Vallejo Educational Academy
Adjustment Factor Accounts For Comments
Size Inverse relationship that often
exists between parcel size and unit
value.
Comparable 4 is significantly larger
in size when compared to the
subject. As a result, an upward
adjustment is applied to this
comparables to adjust for
economies of scale. Conversely,
Comparable 6 is smaller in
comparison to the subject and
warrants a downward adjustment.
Site Utility Primary physical factors that affect
the utility of a site for its highest
and best use.
The subject is sloping from north to
south; however, this is not
anticipated to impact development.
Comparables 1 and 5 have an
existing structure on the site that
needs to be demolish prior to
redevelopment. Therefore, these
comparables warrant an upward
adjustment.
Zoning/Density Government regulations that affect
the types and intensities of uses
allowable on a site. The number of
developable units per acre.
The subject is maximum allowable
density of nine units per acre.
However, this does not account for
the California density bonus
construction affordable housing.
Comparables with a greater density
warrant a downward adjustment.
Conversely, comparables with a
lower density are adjusted upward.
It is noted Comparable 1 has a
higher density compared to the
subject; however, a portion of the
property is not located within the
city limits of Fairfield and needs to
be annexed into the city. The
greater density is offset by the
additional entitlements needed to
be annexed into the city.
Entitlements The specific level of governmental
approvals attained pertaining to
development of a site.
The subject has no entitlements in
place for residential development.
Comparables 2 through 5 have a
tentative map in place and warrant
a downward adjustment.
DRAFT
Valuation 52
Vallejo Educational Academy
Adjustment Factor Accounts For Comments
Economic
Characteristics
Economic factors effective the land
area
Comparable 5 is a smaller
residential project with 14 single
family lots, which would see little
demand from national
homebuilders. The typical buyer of
this property would be a local
builder or land speculator. Given
the lack of buyer pool for a project
of this size, it is adjusted upward for
economic characteristics.
The following table summarizes the adjustments we make to each sale.
Land Sales Adjustment Grid
Subject Comparable 1 Comparable 2 Comparable 3 Comparable 4 Compa rable 5 Comparable 6 Address 301 Farragut
Avenue
1776 Sunset Ave. 1925 Apricot Way Cordelia Rd SEC of Peabody Road & Dobe Lane
3405 O'Hara Ave. 421 Madison St.
Ci ty Vallejo Fairfield Brentwood Suisun City Fairfield Brentwood Fairfield County Solano Solano Contra Costa Solano Solano Contra Costa Solano Sale Date Jan‐23 Mar‐22 Oct‐21 Apr‐21 Feb‐21 Mar‐23
Sale Status In‐Contract Closed Closed Closed Closed Listing Sale Price $2,960,000 $5,200,000 $4,019,000 $6,572,000 $1,525,000 $1,400,000 Square Feet 226,948 379,408 262,667 324,086 1,223,600 217,800 95,832 Acres 5.21 8.71 6.03 7.44 28.09 5.00 2.20
Zoning Code PS RLM and RM PD‐35 Residential
Medium Density
RLM R‐1‐10 RM‐D
Zoning Description Public and Semi‐
Public
Residential, Low
Medium and
Medium Densi ty
Planned
Development
RMD Residential ‐ Low
Medium Density
Single‐Family
Residential
Medium Density
Residential ‐
Downtown
Price per Square Foot $7.80 $19.80 $12.40 $5.37 $7.00 $14.61 Transactional Adjustments
Property Rights Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple % Adjustment ––––––
Financing Terms Cash to seller Cash to seller Cash to seller Cash to seller Cash to seller Cash to seller % Adjustment ––––––
Conditions of Sale Pending Market Market Market Market Listing % Adjustment ‐10% – – – – ‐5%
Market Conditions 2/23/2023 Jan‐23 Mar‐22 Oct‐21 Apr‐21 Feb‐21 Mar‐23 Annual % Adjustment – ‐5% ‐3%– – –
Cumulative Adjusted Price $7.02 $18.81 $12.03 $5.37 $7.00 $13.88 Property Adjustments
Location ‐5% ‐15% 5% ‐5% ‐15% ‐5%
Access/Exposure ––––––
Size –––20% – ‐5%
Site Utili ty 5% – – – 5% –
Zoning/Density – – – 10% 10% ‐10%
Entitlements – ‐10% ‐10% ‐10% ‐10% –
Economic Characteristics – – – – 20% –
Net Property Adjustments ($) $0.00 ‐$4.70 ‐$0.60 $0.81 $0.70 ‐$2.78 Net Property Adjustments (%) 0% ‐25% ‐5% 15% 10% ‐20%
Final Adjusted Price $7.02 $14.11 $11.43 $6.18 $7.70 $11.10 Range of Adjusted Prices $6.18 ‐ $14.11
Average $9.59
Indicated Value $10.50
DRAFT
Valuation 53
Vallejo Educational Academy
Value Indication
Prior to adjustment, the sales reflect a range of $5.37 ‐ $19.80 per square foot. After adjustment, the range is narrowed to $6.18 ‐ $14.11 per square foot, with an average of $9.59 per square foot.
Guarded reliance is placed on Comparable 4 as it was purchased by a regional homebuilder, and It is unclear when the contract was negotiated for this comparable. The remaining comparables are considered to be good indicators of value and are given equal emphasis. Based on the preceding discussion and analysis, we arrive at a land value conclusion via the sales comparison approach as follows:
Land Value Conclusion
Indicated Value per Square Foot $10.50
Subject Square Feet 226,948
Indicated Value $2,382,954
Adjustments
Demolition Costs ($300,000)
Total Adjustments ($300,000)
Indicated Value $2,082,954
Rounded $2,080,000
As noted, the previous conclusion did not account for the demolition of the existing structure on the property. Based on the cost survey by Marshall and Swift, they estimate demolition costs for a wood frame building to range between $4.66 to $7.20 per square foot. Based on the gross building area, the demolition costs would range from approximately $125,000 to $194,000. Due to the age of the structures and the typical material utilized when the property was constructed, there may be additional mitigation costs with the demolition. Therefore, it is estimated the costs to demolish the existing structures would be slightly greater than the previous estimates and is estimated at $300,000.
If, at some future date, the estimates are determined to differ significantly from the figure previously assumed, this could have a direct impact on the market value provided within this report. The previously concluded land value deducting the net demolition costs represents the As Is market value of the fee simple interest, as of the date of inspection.
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Valuation 54
Vallejo Educational Academy
Reconciliation and Conclusion of Value
As discussed previously, we use only the sales comparison approach in developing an opinion of value for the subject. The cost and income approaches are not applicable, and are not used.
Based on the preceding valuation analysis and subject to the definitions, assumptions, and limiting conditions expressed in the report, our value opinion follows:
Value Conclusion
Value Type & Appraisal Premise Interest Appraised Date of Value Value Conclusion As Is Market Value Fee Simple February 23, 2023 $2,080,000 Extraordinary Assumptions and Hypothetical Conditions
1. The eastern driveway access to Farragut Avenue appears to be on an adjacent parcel APN 0055‐044‐180, which is owned by the City of Vallejo, based on a review of the parcel map as well as DataTree by First American Title.
However, this could not be confirmed; therefore, it is assumed the eastern driveway access are located on the subject site and not on an adjacent parcel.
2. The highest and best use of the subject is to rezone to residential use, demolish the existing improvements, and seek entitlements to build a residential project. Given the State of California Government Code Section 65852.9, it is assumed the city of Vallejo and Vallejo Unified School District will fully cooperate with the rezone of the subject property.
3. Based on a review of national cost surveys, it is estimated the demolition costs for the subject would total $300,000. If, at some future date, the estimates are determined to differ signi ficantly from the figure previously assumed, this could have a direct impact on the market value provided within this report.
4. The inspection of the property was limited to the exterior of the project. The exterior of the structures exhibited deferred maintenance. It is assumed the interior condition of the structures are in a similar condition as the exterior.
(None)
The use of any extraordinary assumption or hypothetical condition may have affected the assignment results.
The value conclusions are based on the following hypothetical conditions. A hypothetical condition is 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.
The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an assignment‐speci fic assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions.
Exposure Time
Exposure time is the length of time the subject property would have been exposed for sale in the market had it sold on the effective valuation date at the concluded market value. Based on the concluded market value stated previously, it is our opinion that the probable exposure time is 12 months.
Marketing Period
Marketing time is an estimate of the amount of time it might take to sell a property at the concluded market value immediately following the effective date of value. We estimate the subject’s marketing period at 12 months.
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Certification 55
Vallejo Educational Academy
Certification
We certify that, to the best of our knowledge and belief:
1. The statements of fact contained in this report are true and correct.
2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions.
3. We have 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.
4. We have performed no services, 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 the agreement to perform this assignment.
5. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
6. Our engagement in this assignment was not contingent upon developing or reporting predetermined results.
7. Our 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.
8. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice as well as applicable state appraisal regulations.
9. The reported analyses, 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.
10. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives.
11. Blake Fassler made a personal inspection of the property that is the subject of this report.
Kevin Ziegenmeyer, MAI, has not personally inspected the subject.
12. No one provided significant real property appraisal assistance to the person(s) signing this certification.
13. We have experience in appraising properties similar to the subject and are in compliance with the Competency Rule of USPAP.
14. As of the date of this report, Kevin Ziegenmeyer, MAI, has completed the continuing education program for Designated Members of the Appraisal Institute.
DRAFT
Certification 56
Vallejo Educational Academy
DRAFT DRAFT
Blake Fassler
California Certified General Real Estate Appraiser
#3007274
Kevin Ziegenmeyer, MAI
California Certified General Real Estate Appraiser
#AG013567
DRAFT
Assumptions and Limiting Conditions 57
Vallejo Educational Academy
Assumptions and Limiting Conditions
This appraisal and any other work product related to this engagement are limited by the following standard assumptions, except as otherwise noted in the report:
1. The title is marketable and free and clear of all liens, encumbrances, encroachments, easements and restrictions. The property is under responsible ownership and competent management and is available for its highest and best use.
2. There are no existing judgments or pending or threatened litigation that could affect the value of the property.
3. There are no hidden or undisclosed conditions of the land or of the improvements that would render the property more or less valuable. Furthermore, there is no asbestos in the property.
4. The revenue stamps placed on any deed referenced herein to indicate the sale price are in correct relation to the actual dollar amount of the transaction.
5. The property is in compliance with all applicable building, environmental, zoning, and other federal, state and local laws, regulations and codes.
6. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy.
This appraisal and any other work product related to this engagement are subject to the following limiting conditions, except as otherwise noted in the report:
1. An appraisal is inherently subjective and represents our opinion as to the value of the property appraised.
2. The conclusions stated in our appraisal apply only as of the effective date of the appraisal, and no representation is made as to the effect of subsequent events.
3. No changes in any federal, state or local laws, regulations or codes (including, without limitation, the Internal Revenue Code) are anticipated.
4. No environmental impact studies were either requested or made in conjunction with this appraisal, and we reserve the right to revise or rescind any of the value opinions based upon any subsequent environmental impact studies. If any environmental impact statement is required by law, the appraisal assumes that such statement will be favorable and will be approved by the appropriate regulatory bodies.
5. Unless otherwise agreed to in writing, we are not required to give testimony, respond to any subpoena or attend any court, governmental or other hearing with reference to the property without compensation relative to such additional employment.
6. We have made no survey of the property and assume no responsibility in connection with such matters. Any sketch or survey of the property included in this report is for illustrative purposes only and should not be considered to be scaled accurately for size. The appraisal DRAFT
Assumptions and Limiting Conditions 58
Vallejo Educational Academy
covers the property as described in this report, and the areas and dimensions set forth are assumed to be correct.
7. No opinion is expressed as to the value of subsurface oil, gas or mineral rights, if any, and we have assumed that the property is not subject to surface entry for the exploration or removal of such materials, unless otherwise noted in our appraisal.
8. We accept no responsibility for considerations requiring expertise in other fields. Such considerations include, but are not limited to, legal descriptions and other legal matters such as legal title, geologic considerations such as soils and seismic stability; and civil, mechanical, electrical, structural and other engineering and environmental matters. Such considerations may also include determinations of compliance with zoning and other federal, state, and local laws, regulations and codes.
9. The distribution of the total valuation in the report between land and improvements applies only under the reported highest and best use of the property. The allocations of value for land and improvements must not be used in conjunction with any other appraisal and are invalid if so used. The appraisal report shall be considered only in its entirety. No part of the appraisal report shall be utilized separately or out of context.
10. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraisers, or any reference to the Appraisal Institute) shall be disseminated through advertising media, public relations media, news media or any other means of communication (including without limitation prospectuses, private offering memoranda and other offering material provided to prospective investors) without the prior written consent of the persons signing the report.
11. Information, estimates and opinions contained in the report and obtained from third‐party sources are assumed to be reliable and have not been independently verified.
12. Any income and expense estimates contained in the appraisal report are used only for the purpose of estimating value and do not constitute predictions of future operating results.
13. If the property is subject to one or more leases, any estimate of residual value contained in the appraisal may be particularly affected by significant changes in the condition of the economy, of the real estate industry, or of the appraised property at the time these leases expire or otherwise terminate.
14. Unless otherwise stated in the report, no consideration has been given to personal property located on the premises or to the cost of moving or relocating such personal property; only the real property has been considered.
15. The current purchasing power of the dollar is the basis for the values stated in the appraisal; we have assumed that no extreme fluctuations in economic cycles will occur.
16. The values found herein are subject to these and to any other assumptions or conditions set forth in the body of this report but which may have been omitted from this list of Assumptions and Limiting Conditions.
17. The analyses contained in the report necessarily incorporate numerous estimates and assumptions regarding property performance, general and local business and economic DRAFT
Assumptions and Limiting Conditions 59
Vallejo Educational Academy
conditions, the absence of material changes in the competitive environment and other matters. Some estimates or assumptions, however, inevitably will not materialize, and unanticipated events and circumstances may occur; therefore, actual results achieved during the period covered by our analysis will vary from our estimates, and the variations may be material.
18. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific survey or analysis of the property to determine whether the physical aspects of the improvements meet the ADA accessibility guidelines. We claim no expertise in ADA issues, and render no opinion regarding compliance of the subject with ADA regulations.
Inasmuch as compliance matches each owner’s financial ability with the cost to cure the non‐ conforming physical characteristics of a property, a specific study of both the owner’s financial ability and the cost to cure any deficiencies would be needed for the Department of Justice to determine compliance.
19. The appraisal report is prepared for the exclusive benefit of you, your subsidiaries and/or affiliates. It may not be used or relied upon by any other party. All parties who use or rely upon any information in the report without our written consent do so at their own risk.
20. No studies have been provided to us indicating the presence or absence of hazardous materials on the subject property or in the improvements, and our valuation is predicated upon the assumption that the subject property is free and clear of any environment hazards including, without limitation, hazardous wastes, toxic substances and mold. No representations or warranties are made regarding the environmental condition of the subject property. IRR ‐ Sacramento, Integra Realty Resources, Inc., and their respective officers, owners, managers, directors, agents, subcontractors or employees (the “Integra Parties”), shall not be responsible for any such environmental conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist.
Because we are not experts in the field of environmental conditions, the appraisal report cannot be considered as an environmental assessment of the subject property. As previously noted, a Phase I Environmental Site Assessment (ESA) of Subject Property was recently completed, report date of May 18, 2023. The analysis completed as part of the ESA revealed a former dry cleaner located proximate to the subject has undergone multiple investigations pertaining to an uncontrolled release of drycleaning solvents and related compounds. Recent data for this site (2023) indicates the extent of the groundwater plume has not been fully delineated, although it appears that groundwater generally flows away from the Subject Property. Stantec recommends a Phase II ESA designed to investigate further be performed.
The analysis completed in this appraisal report assumes the recommendations of the environmental report are followed. Any costs of mitigation are presumed to be the responsibility of the owner/seller of the subject.
21. The persons signing the report may have reviewed available flood maps and may have noted in the appraisal report whether the subject property is located in an identified Special Flood Hazard Area. However, we are not qualified to detect such areas and therefore do not guarantee such determinations. The presence of flood plain areas and/or wetlands may affect the value of the property, and the value conclusion is predicated on the assumption that wetlands are non‐existent or minimal.
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Assumptions and Limiting Conditions 60
Vallejo Educational Academy
22. We are not a building or environmental inspector. The Integra Parties do not guarantee that the subject property is free of defects or environmental problems. Mold may be present in the subject property and a professional inspection is recommended.
23. The appraisal report and value conclusions for an appraisal assume the satisfactory completion of construction, repairs or alterations in a workmanlike manner.
24. IRR ‐ Sacramento is an independently owned and operated company. The parties hereto agree that Integra shall not be liable for any claim arising out of or relating to any appraisal report or any information or opinions contained therein as such appraisal report is the sole and exclusive responsibility of IRR ‐ Sacramento. In addition, it is expressly agreed that in any action which may be brought against the Integra Parties arising out of, relating to, or in any way pertaining to the engagement letter, the appraisal reports or any related work product, the Integra Parties shall not be responsible or liable for any incidental or consequential damages or losses, unless the appraisal was fraudulent or prepared with intentional misconduct. It is further expressly agreed that the collective liability of the Integra Parties in any such action shall not exceed the fees paid for the preparation of the assignment (unless the appraisal was fraudulent or prepared with intentional misconduct). It is expressly agreed that the fees charged herein are in reliance upon the foregoing limitations of liability.
25. IRR ‐ Sacramento is an independently owned and operated company, which has prepared the appraisal for the specific intended use stated elsewhere in the report. The use of the appraisal report by anyone other than the Client is prohibited except as otherwise provided.
Accordingly, the appraisal report is addressed to and shall be solely for the Client’s use and benefit unless we provide our prior written consent. We expressly reserve the unrestricted right to withhold our consent to your disclosure of the appraisal report or any other work product related to the engagement (or any part thereof including, without limitation, conclusions of value and our identity), to any third parties. Stated again for clarification, unless our prior written consent is obtained, no third party may rely on the appraisal report (even if their reliance was foreseeable).
26. The conclusions of this report are estimates based on known current trends and reasonably foreseeable future occurrences. These estimates are based partly on property information, data obtained in public records, interviews, existing trends, buyer‐seller decision criteria in the current market, and research conducted by third parties, and such data are not always completely reliable. The Integra Parties are not responsible for these and other future occurrences that could not have reasonably been foreseen on the effective date of this assignment. Furthermore, it is inevitable that some assumptions will not materialize and that unanticipated events may occur that will likely affect actual performance. While we are of the opinion that our findings are reasonable based on current market conditions, we do not represent that these estimates will actually be achieved, as they are subject to considerable risk and uncertainty. Moreover, we assume competent and effective management and marketing for the duration of the projected holding period of this property.
27. All prospective value opinions presented in this report are estimates and forecasts which are prospective in nature and are subject to considerable risk and uncertainty. In addition to the contingencies noted in the preceding paragraph, several events may occur that could substantially alter the outcome of our estimates such as, but not limited to changes in the DRAFT
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Vallejo Educational Academy
economy, interest rates, and capitalization rates, behavior of consumers, investors and lenders, fire and other physical destruction, changes in title or conveyances of easements and deed restrictions, etc. It is assumed that conditions reasonably foreseeable at the present time are consistent or similar with the future.
28. The appraisal is also subject to the following:
Extraordinary Assumptions and Hypothetical Conditions
1. The eastern driveway access to Farragut Avenue appears to be on an adjacent parcel APN 0055‐044‐180, which is owned by the City of Vallejo, based on a review of the parcel map as well as DataTree by First American Title.
However, this could not be confirmed; therefore, it is assumed the eastern driveway access are located on the subject site and not on an adjacent parcel.
2. The highest and best use of the subject is to rezone to residential use, demolish the existing improvements, and seek entitlements to build a residential project. Given the State of California Government Code Section 65852.9, it is assumed the city of Vallejo and Vallejo Unified School District will fully cooperate with the rezone of the subject property.
3. Based on a review of national cost surveys, it is estimated the demolition costs for the subject would total $300,000. If, at some future date, the estimates are determined to differ signi ficantly from the figure previously assumed, this could have a direct impact on the market value provided within this report.
4. The inspection of the property was limi ted to the exterior of the project. The exterior of the structures exhibited deferred maintenance. It is assumed the interior condition of the structures are in a similar condi tion as the exterior.
(None)
The use of any extraordinary assumption or hypothetical condition may have affected the assignment results.
The value conclusions are based on the following hypothetical conditions. A hypothetical condition is a condition, directly related to a speci fic assignment, which is contrary to what is known by the appraiser to exist on the effective date of the assignment resul ts, but is used for the purpose of analysis.
The value conclusions are subject to the following extraordinary assumptions. An extraordinary assumption is an assignment‐speci fic assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser’s opinions or conclusions.
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Addenda
Vallejo Educational Academy
Addendum A
Appraiser
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Qualifications
Blake Fassler Integra Realty Resources -
Sacramento
irr.com
590 Menlo Drive
Suite 1
Rocklin, CA 95765
Experience
Mr. Fassler is a licensed appraiser with Integra Realty Resources, a real estate appraisal firm that engages in a wide variety of real estate valuation and consultation assignments.
He began his appraisal career in March 2017 with Seevers Jordan Ziegenmeyer in Rocklin, California. Currently, Mr. Fassler is obtaining experience in the valuation and analysis of various types of real estate by working on a wide variety of property typed including, but not limited to: multifamily, office, retail, industrial, vacant land, and residential subdivisions. He also specializes in the
appraisal of residential master planned communities and subdivision, as well as Mello Roos and Assessment Districts for land secured municipal financings.
Licenses
California, California Certified General Real Estate Appraiser, 3007274, Expires February 2024
Education
Bachelor of Science in Management Science University of California, San Diego Appraisal Courses Completed are as follows:
Basic Appraisal Principles
Basic Appraisal Procedures
General Appraiser Market Analysis & Highest and Best Use (USPAP), Uniform Standards of Professional Appraisal Practice General Appraiser Report Writing and Case Studies
General Appraiser Site Valuation and Cost Approach
General Appraiser Sales Comparison Approach
General Appraiser Income Approach Part 1
General Appraiser Income Approach Part 2
4-Hour Federal and California Statutory and Regulator Laws [email protected] - 916-435-3883
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Integra Realty Resources -
Sacramento
irr.com
T 916.435.3883
F 916.435.4774
590 Menlo Drive
Suite 1
Rocklin, CA 95765
Kevin Ziegenmeyer, MAI
Experience
Mr. Ziegenmeyer is a Certified General real estate appraiser and holds the Appraisal Institute's MAI designation. In 1989, Mr. Ziegenmeyer began his career in real estate as a controller for a commercial and residential real estate development corporation. In 1991 he began appraising and continued to be involved in appraisal assignments covering a wide variety of properties, including office, retail, industrial, residential income and subdivisions throughout the state of California, and Northern Nevada. Mr. Ziegenmeyer handles many of the firm’s master-planned property appraisals and over the past two decades has developed expertise in the valuation of Community Facilities Districts and Assessment Districts.In fact, Mr. Ziegenmeyer was one of five appraisers to collaborate with other professionals in developing the appraisal guidelines for the California Debt and Investment Advisory Commission (Recommended Practices in the Appraisal of Real Estate for Land-Secured Financing - 2004). He has developed the experience and background necessary to deal with complex assignments covering an array of property types, with a particular focus on urban redevelopment in the cities and counties of San Francisco, Dublin, Monterey, Newport Beach, Alameda, Napa and San Mateo. In early 2015, Mr. Ziegenmeyer obtained the Appraisal Institute's MAI designation. Kevin is currently Senior Managing Director of the Integra-San Francisco office and Managing Director of the Integra-Sacramento office.
Licenses
California, California Certified General Real Estate Appraiser, AG013567, Expires June 2025
Education
Academic:
Bachelor of Science in Accounting, Azusa Pacific University, California Appraisal and Real Estate Courses:
Standards of Professional Practice, Parts A, B & C
Basic Valuation Procedures
Real Estate Appraisal Principles
Capitalization Theory and Techniques, Part A
Advanced Income Capitalization
Report Writing and Valuation Analysis
Advanced Applications
IRS Valuation Summit I & II
2008, 2009, 2010 & 2011 Economic Forecast
Business Practices and Ethics
Contemporary Appraisal Issues with Small Business Administration Financing General Demonstration Appraisal Report Writing Seminar
7-Hour National USPAP Update Course
Valuation of Easements and Other Partial Interests
2009 Summer Conference
Uniform Appraisal Standards for Federal Land Acquisitions 2008 Economic Update
Valuation of Conservation Easements
Subdivision Valuation
[email protected] - 916.435.3883 x224
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Integra Realty Resources -
Sacramento
irr.com
T 916.435.3883
F 916.435.4774
590 Menlo Drive
Suite 1
Rocklin, CA 95765
Kevin Ziegenmeyer, MAI
Education (Cont'd)
2005 Annual Fall Conference
General Comprehensive Exam Module I, II, III & IV
Advanced Income Capitalization
Advanced Sales Comparison & Cost Approaches
2004 Central CA Market Update
Computer-Enhanced Cash Flow Modeling
Forecast 2000, 2001, 2002, 2003 & 2004
Land Valuation Assignments
Land Valuation Adjustment Procedures
Highest & Best Use and Market Analysis
Entitlements, Land Subdivision & Valuation
Real Estate Value Cycles
El Dorado Hills Housing Symposium
Federal Land Exchanges
M & S Computer Cost-Estimating, Nonresidential
[email protected] - 916.435.3883 x224
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About IRR
Integra Realty Resources, Inc. (IRR) provides world‐class commercial real estate valuation, counseling, and advisory services. Routinely ranked among leading property valuation and consulting firms, we are now the largest independent firm in our industry in the United States, with local offices coast to coast and in the Caribbean.
IRR offices are led by MAI‐designated Senior Managing Directors, industry leaders who have over 25 years, on average, of commercial real estate experience in their local markets. This experience, coupled with our understanding of how national trends affect the local markets, empowers our clients with the unique knowledge, access, and historical perspective they need to make the most informed decisions.
Many of the nation's top financial institutions, developers, corporations, law firms, and government agencies rely on our professional real estate opinions to best understand the value, use, and feasibility of real estate in their market.
Local Expertise...Nationally!
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irr.com
Vallejo Educational Academy
Addendum B
Comparable
DRAFT
Data
Addenda
Vallejo Educational Academy
Land Sales
DRAFT
Land Sale Profile Sale No. 1
Location & Property Identification
Property Name: 1776 Sunset Ave
Sub‐Property Type: Residential
Address: 1776 Sunset Ave.
City/State/Zip: Fairfield, CA 94533
County: Solano
Market Orientation: Suburban
IRR Event ID: 2956577
Sale Information
Sale Price: $2,960,000
Effective Sale Price: $2,960,000
Sale Date: 01/18/2023
Contract Date: 03/01/2021
Sale Status: In‐Contract
$/Acre(Gross): $339,839
$/Land SF(Gross): $7.80
Grantor/Seller: Cross Charles R & Mary E TR
Grantee/Buyer: Pending
Assets Sold: Real estate only
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Conditions of Sale: Arm's‐length
Verified By: Blake Fassler
Verification Date: 03/23/2023
Verification Type: Confirmed‐Seller Broker
Improvement and Site Data
0037‐060‐480, 0037‐030‐20
& ‐21
Legal/Tax/Parcel ID:
Acres(Gross): 8.71
Land‐SF(Gross): 379,407
Zoning Code: RLM and RM
Zoning Desc.: Residential, Low Medium and
Medium Density
Source of Land Info.: Public Records
Comments
This is a pending sale of 8.71 acres of vacant residential land with an existing single‐family residence. Originally, the property was listed as two separate adjacent properties containing 5.89 acres and 2.82 acres as there are two different sellers. Both of the properties are under contract to one buyer.
The smaller parcel is located just outside of the city limits of Fairfield and will need to be annexed into the city, which has taking a considerable amount of time. The property is
proposed for 130 residential units, which would imply a density of 14.93 units per acre.
1776 Sunset Ave
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Land Sale Profile Sale No. 2
Location & Property Identification
Property Name: Parkside Villas
Sub‐Property Type: Residential, Residential
Subdivision
Address: 1925 Apricot Way
City/State/Zip: Brentwood, CA 94513
County: Contra Costa
Market Orientation: Suburban
IRR Event ID: 2928312
Sale Information
Sale Price: $5,200,000
Effective Sale Price: $5,200,000
Sale Date: 03/01/2022
Sale Status: Closed
$/Acre(Gross): $862,355
$/Land SF(Gross): $19.80
$/Acre(Usable): $862,355
$/Land SF(Usable): $19.80
$/Building SF: $713.31
$/Unit (Potential): $144,444 /Unit
Grantor/Seller: Laura Reed, Successor Trustee
Grantee/Buyer: Richmond American Homes of
Maryland, Inc.
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Financing: Cash to seller
Document Type: Deed
Recording No.: 2022‐0037166
Verified By: Laura Diaz
Verification Date: 09/20/2022
Verification Type: Confirmed‐Other
Improvement and Site Data
MSA: San
Francisco‐Oakland‐Hayward,
CA
Legal/Tax/Parcel ID: 019‐820‐028 through 063
Acres(Usable/Gross): 6.03/6.03
Land‐SF(Usable/Gross): 262,666/262,666
Usable/Gross Ratio: 1.00
Potential Building SF: 7,290
No. of Units (Potential): 36
Shape: Rectangular
Topography: Level
Corner Lot: No
Frontage Desc.: Apricot Way
Zoning Code: PD‐35
Zoning Desc.: Planned Development
Flood Plain: No
Flood Zone Designation: X
Comm. Panel No.: 06013C0353F
Date: 06/16/2009
Source of Land Info.: Engineering Report
Comments
Sale of 36 paper lots comprising the proposed Parkside
residential subdivision. Site development costs are estimated at $188,056 per lot and permits and fees are $61,781 per lot.
Developer Richmond American is planning three floor plans ranging in size from 2,012 to 3,212 square feet; proposed pricing is between approximately $761,000 and $840,000. The typical lot size
Parkside Villas
DRAFT
Land Sale Profile Sale No. 2
Comments (Cont'd)
is 7,290 square feet.
Property is proposed for SCIP financing to fund certain impact fees, though this was not in‐place at the time of sale. Net permits and fees after bond financing calculate to $40,878 per lot. Annual special taxes would be approximately 3,837 per lot.
Parkside Villas
DRAFT
Land Sale Profile Sale No. 3
Location & Property Identification
Property Name: 71‐Lot Subdivision
Sub‐Property Type: Residential
Address: Cordelia Rd
City/State/Zip: Suisun City, CA 94585
County: Solano
Market Orientation: Suburban
IRR Event ID: 2982994
Sale Information
Sale Price: $4,019,000
Effective Sale Price: $4,019,000
Sale Date: 10/06/2021
Recording Date: 10/06/2021
Sale Status: Closed
$/Acre(Gross): $540,188
$/Land SF(Gross): $12.40
$/Unit (Potential): $56,606 /Unit
Grantor/Seller: Redev. Agency of Suisun City
Grantee/Buyer: Century Communities
Assets Sold: Real estate only
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Financing: Cash to seller
Conditions of Sale: Arm's‐length
Document Type: Deed
Recording No.: 104389
Verification Type: Secondary Verification
Secondary Verific. Source: CoStar
Improvement and Site Data
MSA: Vallejo‐Fairfield
Legal/Tax/Parcel ID: 0032‐020‐080
Acres(Gross): 7.44
Land‐SF(Gross): 324,086
No. of Units (Potential): 71
Zoning Code: Residential Medium Density
Zoning Desc.: RMD
Source of Land Info.: Public Records
Comments
This is a sale of 71 paper lots with a tentative map in place at the time of the sale. The property was previously developed into a middle school and has a proposed density of 9.54 units per acre.
71‐Lot Subdivision
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Land Sale Profile Sale No. 4
Location & Property Identification
Property Name: Monte Verde
Sub‐Property Type: Residential
SEC of Peabody Road & Dobe
Lane
Address:
City/State/Zip: Fairfield, CA 94533
County: Solano
Market Orientation: Suburban
IRR Event ID: 2782939
Sale Information
Sale Price: $6,572,000
Effective Sale Price: $6,572,000
Sale Date: 04/01/2021
Sale Status: Closed
$/Acre(Gross): $233,962
$/Land SF(Gross): $5.37
$/Acre(Usable): $233,962
$/Land SF(Usable): $5.37
$/Building SF: $1,587.44
$/Unit (Potential): $53,000 /Unit
Grantor/Seller: Dobe Lane Fairfield, Inc.
Grantee/Buyer: Century Communities Of
California, LLC.
Assemblage: No
Portfolio Sale: No
Assets Sold: Real estate only
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Financing: Cash to seller
Document Type: Deed
Recording No.: 2021.36790
Verified By: Kari Tatton
Verification Date: 03/01/2022
Verification Type: Confirmed‐Buyer
Sale Analysis
Sale Price Includes FF&E? No
Improvement and Site Data
MSA: Vallejo‐Fairfield, CA
0174‐040‐020 and
0174‐040‐030
Legal/Tax/Parcel ID:
Acres(Usable/Gross): 28.09/28.09
Land‐SF(Usable/Gross): 1,223,600/1,223,600
Usable/Gross Ratio: 1.00
Potential Building SF: 4,140
No. of Units (Potential): 124
Shape: Irregular
Topography: Level
Corner Lot: Yes
Frontage Feet: 545
Frontage Desc.: Dobe
Zoning Code: RLM
Zoning Desc.: Residential ‐ Low Medium
Density
Flood Plain: Yes
Flood Zone Designation: X (Shaded)
Comm. Panel No.: 60370
Date: 05/04/2009
Source of Land Info.: Public Records
Comments
This comparable represents the sale of 124 paper lots (4,140 SF typical) with a tentative map in place. Site costs
Monte Verde
DRAFT
Land Sale Profile Sale No. 4
Comments (Cont'd)
are approximately $92,082 per lot and permits & fees average $59,603 per lot. The buyer plans to construct 4 floor plans ranging in size from 2,030 to 2,476 square feet with pricing ranging from $600,000 to $660,000.
Monte Verde
DRAFT
Land Sale Profile Sale No. 5
Location & Property Identification
Property Name: Bennett Estates
Sub‐Property Type: Residential, Residential
Subdivision
Address: 3405 O'Hara Ave.
City/State/Zip: Brentwood, CA 94513
County: Contra Costa
Market Orientation: Suburban
IRR Event ID: 2729200
Sale Information
Sale Price: $1,525,000
Effective Sale Price: $1,525,000
Sale Date: 02/26/2021
Sale Status: Closed
$/Acre(Gross): $305,000
$/Land SF(Gross): $7.00
$/Acre(Usable): $305,000
$/Land SF(Usable): $7.00
$/Building SF: $129.24
$/Unit (Potential): $108,929 /Approved Lot
Grantor/Seller: Thomas A Madrid
Grantee/Buyer: Civic Park Brentwood, LLC.
Assemblage: No
Assets Sold: Real estate only
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Financing: Cash to seller
Document Type: Deed
Recording No.: 2021.59775
Verified By: Kari Tatton
Verification Date: 09/13/2021
Confirmation Source: Joel Crawford ‐ DeNova
Homes
Verification Type: Confirmed‐Buyer
Sale Analysis
Sale Price Includes FF&E? No
Improvement and Site Data
MSA: San
Francisco‐Oakland‐Hayward,
CA
Legal/Tax/Parcel ID: 018‐090‐012
Acres(Usable/Gross): 5.00/5.00
Land‐SF(Usable/Gross): 217,800/217,800
Usable/Gross Ratio: 1.00
Potential Building SF: 11,800
No. of Units (Potential): 14
Shape: Rectangular
Topography: Level
Corner Lot: No
Frontage Feet: 367
Frontage Desc.: O'Hara
Zoning Code: R‐1‐10
Zoning Desc.: Single‐Family Residential
Flood Plain: No
Flood Zone Designation: X
Comm. Panel No.: 60439
Date: 03/21/2017
Source of Land Info.: Engineering Report
Comments
This transaction represents the sale of 14 paper lots with a typical size of 11,800 square feet. The property had an Bennett Estates
DRAFT
Land Sale Profile Sale No. 5
Comments (Cont'd)
approved tentative map at the time of sale. The buyer
obtained final map approval after COE. The Developer plans to construct two floor plans: 2,613 square feet priced at
$980,000 and 3,758 square feet priced at $1,170,000. Permits & fees are $103,422 per lot and development costs are
$164,286 per lot.
Bennett Estates
DRAFT
Land Sale Profile Sale No. 6
Location & Property Identification
Property Name: 421 Madison Street
Sub‐Property Type: Residential
Address: 421 Madison St.
City/State/Zip: Fairfield, CA 94533
County: Solano
Market Orientation: Suburban
IRR Event ID: 2983381
Sale Information
Listing Price: $1,400,000
Effective Listing Price: $1,400,000
Listing Date: 03/10/2023
Sale Status: Listing
$/Acre(Gross): $636,364
$/Land SF(Gross): $14.61
Grantor/Seller: Fairfield Housing Authority
Grantee/Buyer: Listing
Assets Sold: Real estate only
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Conditions of Sale: Arm's‐length
Document Type: Deed
Verified By: Blake Fassler
Verification Date: 03/22/2023
Verification Type: Confirmed‐Seller Broker
Improvement and Site Data
Legal/Tax/Parcel ID: 0030‐275‐010
Acres(Gross): 2.20
Land‐SF(Gross): 95,832
Zoning Code: RM‐D
Zoning Desc.: Medium Density
Residential ‐ Downtown
Source of Land Info.: Public Records
Comments
This is a listing of residential land located within Downtown Fairfield. The property is zoned RM‐D, which allows for a density of 8‐15 units per acre. The density could be increased with a conditional use permit to 35 units per acre. The property was previously developed as a school site. The list price was determined by the school district. The property has reported received several offers since it is has been listed with some of the offers at or close to list price.
421 Madison Street
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Addenda
Vallejo Educational Academy
Improved
DRAFT
Sales
Special Purpose Sale Profile Sale No. 1
Location & Property Identification
New Bethel Missionary Baptist
Church
Property Name:
Sub‐Property Type: Assembly/Meeting Place,
Church/Religious Facility
Address: 360 Central Ave.
City/State/Zip: Pittsburg, CA 94565
County: Contra Costa
Market Orientation: Suburban
IRR Event ID: 2982815
Sale Information
Sale Price: $675,000
Effective Sale Price: $675,000
Sale Date: 11/10/2022
Sale Status: Closed
$/SF GBA: $66.14
$/SF NRA: $66.14
$/Unit: $66 /Unit
Grantor/Seller: Hamilton Memorial Church Of
God In Chris
Grantee/Buyer: Liberty 2 Developers LLC
Assets Sold: Real estate only
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Financing: Cash to seller
Conditions of Sale: Arm's‐length
Document Type: Deed
Verification Type: Secondary Verification
Occupancy
Occupancy Type Before Sale: Owner Occupied
Occupancy Type After Sale: Owner Occupied
Improvement and Site Data
MSA: San
Francisco‐Oakland‐Fremont,
CA Metropolitan Statistical
Area
Legal/Tax/Parcel ID: 086‐151‐045
GBA‐SF: 10,206
NRA‐SF: 10,206
Acres(Usable/Gross): 0.65/0.65
Land‐SF(Usable/Gross): 28,315/28,315
Usable/Gross Ratio: 1.00
No. of Units (Potential): 8
Year Built: 1999
Property Class: B
M&S Class: D
Construction Quality: Average
Improvements Cond.: Average
Exterior Walls: Stucco
No. of Buildings/Stories: 1/1
Total Parking Spaces: 15
Park. Ratio 1000 SF GLA: 1.47
No. Surface Spaces: 65
Park. Ratio 1000 SF GBA: 1.47
Fire Sprinkler Type: Wet
Air‐Conditioning Type: Roof Central Mounted
Roof,Heating,AC Comm.: Tile & membrane
Shape: Rectangular
Topography: Gently Sloping
Corner Lot: No
New Bethel Missionary Baptist Church
DRAFT
Special Purpose Sale Profile Sale No. 1
Improvement and Site Data (Cont'd)
Frontage Feet: 146
Frontage Desc.: Central
Frontage Type: 2 way, 1 lane each way
Traffic Control at Entry: None
Traffic Flow: Moderate
Visibility Rating: Average
Density‐Unit/Gross Acre: 15,701.54
Density‐Unit/Usable Acre: 15,701.54
Bldg. to Land Ratio FAR: 0.36
Zoning Code: RS‐5
Zoning Desc.: Single Family Res., 5,000 SF
min. lot
Flood Plain: No
Flood Zone Designation: X
Comm. Panel No.: 06013C0119G
Date: 09/30/2015
Source of Land Info.: Public Records
Comments
This is a sale of a church with fair improvements. The property has 2.41 acres of land area and is located adjacent to newer residential housing. It is unclear if the improvements are going to be demolish and redeveloped.
New Bethel Missionary Baptist Church
DRAFT
Special Purpose Sale Profile Sale No. 2
Location & Property Identification
Property Name: Trinity Church
Sub‐Property Type: Assembly/Meeting Place,
Church/Religious Facility
Address: 557 Olivina Ave.
City/State/Zip: Livermore, CA 94551
County: Alameda
Market Orientation: Suburban
IRR Event ID: 2783135
Sale Information
Sale Price: $11,640,000
Effective Sale Price: $11,640,000
Sale Date: 02/14/2022
Recording Date: 02/14/2022
Sale Status: Closed
$/SF GBA: $177.34
$/SF NRA: $177.34
Grantor/Seller: Trinity Southern Baptist
Grantee/Buyer: Constantinos Karkalemis
Assets Sold: Real estate only
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Financing: Cash to seller
Conditions of Sale: Arm's‐length
Document Type: Deed
Recording No.: 2022034316
Verification Type: Secondary Verification
Occupancy
Occupancy Type Before Sale: Owner Occupied
Occupancy Type After Sale: Single Tenant
Occupancy at Time of Sale: 100.00%
Number of Tenants at T.O.S.: 1
Major Tenant(s): Trinity Southern Baptist
Improvement and Site Data
MSA: San
Francisco‐Oakland‐Hayward,
CA
Legal/Tax/Parcel ID: 98‐356‐23‐22
GBA‐SF: 65,636
NRA‐SF: 65,636
Acres(Gross): 9.88
Land‐SF(Gross): 430,416
Year Built: 1981
Property Class: A‐
Bldg. to Land Ratio FAR: 0.15
Zoning Code: PD
Zoning Desc.: Urban Low Medium
Residential
Source of Land Info.: Public Records
Comments
This comparable represents the sale of a religious and
educational facility located in Livermore. Buyer is a broker who has no current plans for the facility beyond a lease to the seller for two years.
Trinity Church
DRAFT
Special Purpose Sale Profile Sale No. 3
Location & Property Identification
Property Name: 2275 Arlington Dr.
Sub‐Property Type: Governmental/Institutional,
School/University
Address: 2275 Arlington Dr.
City/State/Zip: San Leandro, CA 94578
County: Alameda
Market Orientation: Urban
IRR Event ID: 2793869
Sale Information
Sale Price: $5,000,000
Effective Sale Price: $5,000,000
Sale Date: 02/04/2022
Recording Date: 02/04/2022
Sale Status: Closed
$/SF GBA: $246.91
$/SF NRA: $246.91
Grantor/Seller: San Lorenzo Unified School
District
Grantee/Buyer: Seneca Family of Agencies
Assets Sold: Real estate only
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Financing: Cash to seller ‐ buyer obtained
financing
Document Type: Deed
Recording No.: 027910
Verification Type: Secondary Verification
Occupancy
Occupancy Type Before Sale: Single Tenant
Occupancy Type After Sale: Owner Occupied
Occupancy at Time of Sale: 100.00%
Improvement and Site Data
MSA: San
Francisco‐Oakland‐Hayward,
CA
GBA‐SF: 20,250
NRA‐SF: 20,250
Acres(Gross): 9.32
Land‐SF(Gross): 405,848
Year Built: 1970
Property Class: B
Construction Quality: Average
Improvements Cond.: Average
Bldg. to Land Ratio FAR: 0.05
Source of Land Info.: Public Records
Comments
This comparable represents the sale of a school which was sold to the tenant. This tenant had occupied the property for over 10 years. The buyer is a non‐profit that runs a school for disadvantaged children in the facility.
2275 Arlington Dr.
DRAFT
Special Purpose Sale Profile Sale No. 4
Location & Property Identification
Property Name: 2100 Pennsylvania Ave
Sub‐Property Type: Assembly/Meeting Place,
Church/Religious Facility
Address: 2100 Pennsylvania Ave.
City/State/Zip: Fairfield, CA 94533
County: Solano
Market Orientation: Suburban
IRR Event ID: 2828217
Sale Information
Sale Price: $2,000,000
Effective Sale Price: $2,000,000
Sale Date: 02/01/2022
Sale Status: Closed
$/SF GBA: $111.40
$/SF NRA: $111.40
Grantor/Seller: Presbytery Of The Redwoods
Grantee/Buyer: Bay North Church Of Christ
Assets Sold: Real estate only
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Financing: Cash to seller
Document Type: Deed
Recording No.: 008412
Verification Type: Secondary Verification
Occupancy
Occupancy Type Before Sale: Owner Occupied
Occupancy Type After Sale: Owner Occupied
Occupancy at Time of Sale: 100.00%
Improvement and Site Data
Legal/Tax/Parcel ID: 0034‐021‐360, 0034‐021‐370
GBA‐SF: 17,954
NRA‐SF: 17,954
Acres(Gross): 4.89
Land‐SF(Gross): 213,008
Year Built: 1997
Property Class: C
M&S Class: D
Construction Quality: Average
Improvements Cond.: Average
Exterior Walls: Stucco
Construction Desc.: Wood frame
No. of Buildings/Stories: 1/2
Bldg. to Land Ratio FAR: 0.08
Zoning Code: RLM6
Source of Land Info.: Public Records
Comments
This is the sale of a religious facility in Fairfield, CA. According to the listing broker, the seller accepted a lower sale price with the understanding with the buyer they would continue to use some of the facilities on a limit basis. Went into escrow at the sale price in August 2018. Buyer paid for several major repairs during escrow period, including the roof.
2100 Pennsylvania Ave
DRAFT
Special Purpose Sale Profile Sale No. 5
Location & Property Identification
Property Name: 1265 Dainty Ave.
Sub‐Property Type: Governmental/Institutional,
School/University
Address: 1265 Dainty Ave.
City/State/Zip: Brentwood, CA 94513
County: Contra Costa
Market Orientation: Suburban
IRR Event ID: 2634655
Sale Information
Sale Price: $2,775,000
Effective Sale Price: $2,775,000
Sale Date: 09/23/2019
Recording Date: 09/23/2019
Sale Status: Closed
$/SF GBA: $161.17
$/SF NRA: $161.17
Grantor/Seller: Seneca Family Of Agencies
Grantee/Buyer: Dominion Life Christian Center
Assets Sold: Real estate only
Property Rights: Fee Simple
% of Interest Conveyed: 100.00
Financing: Cash to seller
Document Type: Deed
Verification Type: Secondary Verification
Occupancy
Occupancy Type Before Sale: Owner Occupied
Occupancy Type After Sale: Owner Occupied
Occupancy at Time of Sale: 100.00%
Improvement and Site Data
Legal/Tax/Parcel ID: 017‐201‐040‐7
GBA‐SF: 17,218
NRA‐SF: 17,218
Acres(Gross): 1.98
Land‐SF(Gross): 86,248
Year Built: 1917
Property Class: C
M&S Class: D
Construction Quality: Average
Improvements Cond.: Average
Exterior Walls: Stucco
Construction Desc.: Wood frame
No. of Buildings/Stories: 1/2
Multi‐Tenant/Condo.: No/No
Elevators/Count: None
Bldg. to Land Ratio FAR: 0.20
Zoning Code: R1‐6 SFR
Bldg. Phy. Info. Source: Public Records
Source of Land Info.: Public Records
Comments
This comparable represents the sale of a school to Dominion Life Christian Center. The property could be utilized for a school, church, or other public gathering institution.
1265 Dainty Ave.
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Addenda
Vallejo Educational Academy
Addendum C
Phase I Environmental
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Site Assessment
Phase I Environmental Site Assessment
301 Farragut Avenue
Vallejo, California 94590
May 18, 2023
Prepared for:
The City of Vallejo
555 Santa Clara Street
Vallejo, California 94590
Prepared by:
Stantec Consulting Services Inc.
2250 Douglas Boulevard, Suite 260
Roseville, California 95661
Project No.: 185750830
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Sign-off Sheet and Signatures of Environmental Professionals Project No.: 185750830
This document entitled Phase I Environmental Site Assessment was prepared by Stantec Consulting Services Inc. (“Stantec”) for the account of the City of Vallejo (the “Client” and “User”). Any reliance on this document by any third party is strictly prohibited. The material in it reflects Stantec’s professional judgment in light of the scope, schedule and other limitations stated in the document and in the contract between Stantec and the Client. The opinions in the document are based on conditions and information existing at the time the document was published and do not take into account any subsequent changes. In preparing the document, Stantec did not verify information supplied to it by others. Any use which a third party makes of this document is the responsibility of such third party. Such third party agrees that Stantec shall not be responsible for costs or damages of any kind, if any, suffered by it or any other third party as a result of decisions made or actions taken based on this document.
All information, conclusions, and recommendations provided by Stantec in this document regarding the Phase I ESA have been prepared under the supervision of and reviewed by the professionals whose signatures appear below.
I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in § 312.10 of 40 CFR 312. I have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the Subject Property. I have developed and performed all the appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.
Author:
Cyrus Gorman, LG
Senior Associate
Quality Reviewer:
Neil Doran, P.G.
Principal Geologist
Independent Reviewer:
Corinne Ackerman, Ph.D.
Associate Scientist
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Phase I Environmental Site Assessment
301 Farragut Avenue, Vallejo, California
Project No.: 185750830 i
Table of Contents
ABBREVIATIONS ......................................................................................................................... I
1.0 EXECUTIVE SUMMARY ...............................................................................................1.1
2.0 INTRODUCTION............................................................................................................2.3
2.1 SUBJECT PROPERTY DESCRIPTION.........................................................................2.4
2.2 SPECIAL TERMS, CONDITIONS, AND SIGNIFICANT ASSUMPTIONS .....................2.4
2.3 LIMITING CONDITIONS................................................................................................2.5
2.4 PERSONNEL QUALIFICATIONS..................................................................................2.6
3.0 USER-PROVIDED INFORMATION...............................................................................3.1
4.0 RECORDS REVIEW ......................................................................................................4.1
4.1 PHYSICAL SETTING.....................................................................................................4.1
4.1.1 Property Topography and Surface Water Flow ............................................4.2
4.1.2 Regional and Property Geology ...................................................................4.2
4.1.3 Regional and Property Hydrogeology...........................................................4.2
4.2 FEDERAL, STATE AND TRIBAL ENVIRONMENTAL RECORDS................................4.2
4.2.1 Listings for the Subject Property...................................................................4.3
4.2.2 Listings for Adjoining and Nearby Sites with Potential to Impact Subject Property ...........................................................................................4.5
4.3 LOCAL/REGIONAL ENVIRONMENTAL RECORDS.....................................................4.8
4.3.1 Solano County ..............................................................................................4.8
4.3.2 Vallejo City Clerk’s Office .............................................................................4.9
4.3.3 Bay Area Air Quality Management District ...................................................4.9
4.4 HISTORICAL RECORDS REVIEW................................................................................4.9
4.4.1 Aerial Photographs .....................................................................................4.10
4.4.2 City Directories ...........................................................................................4.12
4.4.3 Historical Fire Insurance Maps ...................................................................4.13
4.4.4 Historical Topographic Maps ......................................................................4.14
5.0 SITE RECONNAISSANCE..........................................................................................5.16
5.1 SITE RECONNAISSANCE METHODOLOGY .............................................................5.16
5.2 GENERAL DESCRIPTION ..........................................................................................5.16
5.3 HAZARDOUS SUBSTANCES AND PETROLEUM PRODUCTS ................................5.17
5.4 INTERIOR OBSERVATIONS.......................................................................................5.18
5.5 EXTERIOR OBSERVATIONS .....................................................................................5.18
5.6 UNDERGROUND STORAGE TANKS/STRUCTURES ...............................................5.19
5.7 ABOVEGROUND STORAGE TANKS .........................................................................5.19
5.8 ADJOINING PROPERTIES .........................................................................................5.19
5.8.1 Current Uses of Adjoining Properties .........................................................5.19
5.8.2 Observed Evidence of Past Uses of Adjoining Properties..........................5.19
5.8.3 Pits, Ponds or Lagoons on Adjoining Properties ........................................5.20
5.9 OBSERVED PHYSICAL SETTING..............................................................................5.20 DRAFT
Phase I Environmental Site Assessment
301 Farragut Avenue, Vallejo, California
Project No.: 185750830 ii
6.0 INTERVIEWS .................................................................................................................6.1
7.0 EVALUATION................................................................................................................7.1
7.1 FINDINGS AND OPINIONS...........................................................................................7.1
7.2 DATA GAPS...................................................................................................................7.2
7.3 CONCLUSIONS.............................................................................................................7.3
8.0 NON-SCOPE CONSIDERATIONS................................................................................8.1
9.0 REFERENCES ...............................................................................................................9.1
LIST OF FIGURES
FIGURE 1 Subject Property and Vicinity Map
FIGURE 2 Subject Property Map
LIST OF APPENDICES
APPENDIX A PHOTOGRAPHS OF THE PROPERTY AND VICINITY ............................ A.1 APPENDIX B STANTEC RESUMES................................................................................. B.1 APPENDIX C USER PROVIDED RECORDS.................................................................... C.1 APPENDIX D ENVIRONMENTAL AGENCY DATABASE SEARCH REPORT................ D.1
APPENDIX E
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HISTORICAL RECORDS............................................................................ E.1 Phase I Environmental Site Assessment
301 Farragut Avenue, Vallejo, California
Project No.: 185750830 i
Abbreviations
AAI All Appropriate Inquiries
APN Solano County Assessor’s Office Assessor Parcel Number amsl above mean sea level
AST Aboveground Storage Tank
ASTM ASTM International
AUL Activity Use Limitation
BER Business Environmental Risk
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulation
CREC Controlled Recognized Environmental Conditions
CRWQCB California Regional Water Quality Board
EDR Environmental Data Resources, Inc.
EP Environmental Professional
EPA Environmental Protection Agency
ESA Environmental Site Assessment
DTSC California Department of Toxic Substances Control’s HREC Historical Recognized Environmental Conditions
LUST Leaking Underground Storage Tank
PAHs Polycyclic Aromatic Hydrocarbons
PCBs Polychlorinated Biphenyls
RCRA Resource Conservation and Recovery Act
REC Recognized Environmental Conditions
SFBRWCQB
SVOC
San Francisco Bay Regional Water Quality Board
semi-volatile organic compound
TSCA Toxic Substance Control Act
USGS United States Geological Survey
UST Underground Storage Tank
VEC Vapor Encroachment Condition
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Phase I Environmental Site Assessment
301 Farragut Avenue, Vallejo, California
Project No.: 185750830 ii
VOCs Volatile Organic Compounds
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Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Executive Summary
May 18, 2023
Project No.: 185750830 1.1
1.0 EXECUTIVE SUMMARY
Stantec Consulting Services Inc. (Stantec) has completed a Phase I Environmental Site Assessment (ESA) report of the property located at 301 Farragut Avenue, Vallejo, Solano County, California (the “Subject Property”) on behalf of the City of Vallejo (the “Client” and “User”), designated as the User of this report. The Phase I ESA was conducted in conformance with the requirements of ASTM International (ASTM) E1527-21, the United States Environmental Protection Agency (EPA) All Appropriate Inquiries (AAI) Final Rule (40 Code of Federal Regulations [CFR] 312), and terms and conditions requested by the Client. Any exceptions to, or deletions from, the ASTM practice are described in Section 2.3.
The Subject Property consists of a 5.21-acre parcel identified by the Solano County Assessor’s Office as Assessor Parcel Number (APN) 0055-04-4170; it is located on the south side of Farragut Avenue, west of Buena Vista Avenue. Vallejo City Unified School District (District) is the current Subject Property owner, which has improved the parcel with the former Farragut Elementary School. In January of 2020, the District’s Board of Education accepted the recommendation of the District’s Surplus Property Advisory Committee to declare the Subject Property surplus and authorize its sale or lease. The resolution was adopted on October 20, 2021.
At the time of the site visit on May 15, 2023, the Subject Property was improved with an approximately 32,700 square-foot elementary school and was partially occupied by the Vallejo Educational Academy which provides educational and nutrition services for at-risk youth. The Subject Property is comprised of elementary school features including permanent and portable classroom buildings, administrative office area, a multipurpose room, playground areas, and parking lots.
We have performed a Phase I ESA in conformance with the scope and limitations of ASTM Practice E1527-21 of 301 Farragut Avenue, Vallejo, California, or the “Subject Property.” Any exceptions to, or deletions from, this practice are described Section 2.3 of this report. This assessment has revealed the following recognized environmental conditions (RECs), controlled RECs (CRECs), and/or historical RECs (HRECs) in connection with the Subject Property:
• A former dry cleaner (Springs Cleaners) operated at 312 Tennessee Street, located approximately 850 feet southeast of and downgradient from the Subject Property, beginning in 1966. The site has undergone multiple investigations pertaining to an uncontrolled release of drycleaning solvents including tetrachloroethylene (PCE) and related compounds. Recent data for this site (2023) indicate the extent of the groundwater plume has not been fully delineated, although it appears that groundwater generally flows away from the Subject Property. Site data indicate PCE has migrated offsite to the north-northwest in soil vapor, toward the Subject Property, and is present at concentrations exceeding risk-based screening criteria at a distance of at least 200 feet from the former dry cleaner, (approximately 600 feet from the southeastern boundary of the Subject Property). The documented presence of PCE and related compounds in soil vapor attributable to the former dry cleaner, the documented offsite presence of soil vapor concentrations exceeding risk-based screening criteria, and the undefined extent of the offsite soil vapor plume north-northwest of the dry cleaner site in the direction of the Subject Property DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Executive Summary
May 18, 2023
Project No.: 185750830 1.2
represents a REC and potential vapor encroachment condition (VEC) for the Subject Property.
These conditions meet the criteria of a VEC as they are located within the ASTM 2600-15 radius of 1,760 feet for non-petroleum hydrocarbon chemicals of concern.
Stantec recommends a Phase II ESA designed to investigate whether PCE and related VOCs originating from the dry cleaner facility have impacted soil vapor beneath the Subject Property.
The preceding summary is intended for informational purposes only. Reading of the full body of the report is recommended.
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Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Introduction
May 18, 2023
Project No.: 185750830 2.3
2.0 INTRODUCTION
This Phase I ESA was completed in accordance with the ASTM in “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process”, Designation E1527-21. The purpose of this Phase I ESA was to identify, to the extent feasible, adverse environmental conditions including recognized environmental conditions (“RECs”) of the Subject Property.
The ASTM E1527-21 standard indicates that the purpose of the Phase I ESA is to identify RECs, including historical recognized environmental conditions (“HRECs”), and controlled recognized environmental conditions (“CRECs”) that may exist at a property. The term “recognized environmental conditions” means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property:
1. Due to any release to the environment;
2. Under conditions indicative of a release to the environment; or
3. Under conditions that pose a material threat of a future release to the environment.
ASTM defines a “HREC” as a REC that has occurred in connection with a property but has been addressed to the satisfaction of the applicable regulatory authority and meets current unrestricted use criteria established by a regulatory authority, without subjecting the property to any required controls (e.g., property use restrictions, activity and use limitations, institutional controls, or engineering controls). Before calling the past release a HREC, the environmental professional (EP) must determine whether the past release is a REC when the current Phase I ESA is conducted (e.g., if there has been a change in the regulations). If the EP considers the past release to be a REC at the time the Phase I ESA is conducted, the condition shall be included in the conclusions section of the report as a REC.
ASTM defines a “CREC” as a REC resulting from a past release of hazardous substances or petroleum products that has been addressed to the satisfaction of the applicable regulatory authority (e.g., as evidenced by the issuance of a no further action letter or equivalent, or meeting risk-based criteria established by regulatory authority), but with hazardous substances or petroleum products allowed to remain in place subject to the implementation of required controls (e.g., property use restrictions, activity and use limitations, institutional controls, or engineering controls).
As defined by ASTM, RECs can include hazardous substances or petroleum products present under conditions in compliance with laws if that presence represents a material threat of future release. The presence of hazardous substances or petroleum products is, however, not a REC if that presence is a de minimis condition. De minimis conditions are minor occurrences of contamination that generally do not present a material risk to human health and would not likely be subject to enforcement action if brought to the attention of governmental agencies.
A vapor encroachment condition is defined in ASTM E2600 - 22 Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions as the presence or likely presence of COC (contaminants of concern) vapors in the vadose zone of the Property caused by the release of vapors from contaminated soil and/or groundwater either on or near the Property. A vapor encroachment DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Introduction
May 18, 2023
Project No.: 185750830 2.4
condition (VEC) exists when there is known COC contamination in, at or on the Property, such as may be the case when COC-contaminated groundwater exists in the subsurface beneath the Property. A determination that a VEC does not exist is appropriate, for example, when subsurface sampling has confirmed that COCs are not present. A potential vapor encroachment condition (PVEC) exists when conditions suggest that it is possible for COCs to be present at the Subject Property, but subsurface sampling has not been performed.
The scope of work conducted during this Phase I ESA consisted of a visual reconnaissance of the Property, interviews with key individuals, and review of reasonably ascertainable documents. The scope of work did not include an assessment for environmental regulatory compliance of any facility ever operated at the Property (past or present), or sampling and analyzing of environmental media. Stantec was not contracted to perform an independent evaluation of the purchase or lease price of the Property and its relationship to current fair market value. The conclusions presented in this Phase I ESA report are professional opinions based on data described herein. The opinions are subject to the limitations described in Section 2.3.
ASTM E1527-21 notes that the availability of record information varies from source to source. The User or Environmental Professional is not obligated to identify, obtain, or review every possible source that might exist with respect to a property. Instead, ASTM identifies record information that is reasonably ascertainable from standard sources. “Reasonably ascertainable” means:
1. Information that is publicly available;
2. Information that is obtainable from its source within reasonable time and cost constraints; and
3. Information that is practicably reviewable.
2.1 SUBJECT PROPERTY DESCRIPTION
The Subject Property consists of a 5.21-acre parcel identified by the Solano County Assessor’s Office as Assessor Parcel Number (APN) 0055-044170; it is located on the south side of Farragut Avenue, west of Mare Island Way. Vallejo City Unified School District (District) is the current owner of the Subject Property which is occupied by the 32,700 square foot Farragut Elementary School. Improvements include permanent and portable classroom buildings, an administrative office area, a multipurpose room, playground areas, and parking lots. At the time of the site visit, the school was partially occupied by the Vallejo Educational Academy which provides educational and nutrition services for at-risk youth.
Adjacent properties to the north, east, and west are residential. A rail spur is located immediately south of the Subject Property, beyond which are properties with mixed commercial and residential use. A Subject Property and Vicinity Map is provided as Figure 1, and a map illustrating the Subject Property is provided as Figure 2. Photographs taken during the site reconnaissance visit are provided in Appendix A.
2.2 SPECIAL TERMS, CONDITIONS, AND SIGNIFICANT
ASSUMPTIONS
There were no special terms, conditions, or significant assumptions associated with this Phase I ESA.
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Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Introduction
May 18, 2023
Project No.: 185750830 2.5
2.3 LIMITING CONDITIONS
This report documents work that was performed in accordance with generally accepted professional standards at the time and location in which the services were provided and given the schedule and budget constraints established by the client. No other representations, warranties, or guarantees are made concerning the accuracy or completeness of the data or conclusions contained within this report, including no assurance that this work has uncovered all potential and actual liabilities and conditions associated with the identified property.
This report provides an evaluation of selected environmental conditions associated with the identified portion of the Subject Property that was assessed at the time the work was conducted and is based on information obtained by and/or provided to Stantec at that time. There are no assurances regarding the accuracy and completeness of this information. All information received from the client or third parties in the preparation of this report has been assumed by Stantec to be correct. Stantec assumes no responsibility for any deficiency or inaccuracy in information received from others.
If a service is not expressly indicated, do not assume it has been provided. If a matter is not addressed, do not assume that any determination has been made by Stantec with respect to it.
Conclusions made within this report consist of Stantec’s professional opinion as of the time of the writing of this report and are based solely on the scope of work described in the report, the limited data available, and the results of the work. They are not a certification of the property’s environmental condition.
This report relates solely to the specific project for which Stantec was retained and the stated purpose for which this report was prepared and shall not be used or relied upon by the client identified herein for any variation or extension of this project, any other project, or any other purpose.
This report has been prepared for the exclusive use of the client identified herein and any use of or reliance on this report by any third party is prohibited, except as may be consented to in writing by Stantec or as required by law. The provision of any such consent is at Stantec’s sole and unfettered discretion and will only be authorized pursuant to the conditions of Stantec’s standard form reliance letter.
Stantec assumes no responsibility for losses, damages, liabilities, or claims, howsoever arising, from third party use of this report.
Project specific limiting conditions are provided in Section 2.2.
The locations of any utilities, buildings and structures, and property boundaries illustrated in or described within this report, if any, including pole lines, conduits, water mains, sewers and other surface or subsurface utilities and structures are not guaranteed. Before starting work, the exact location of all such utilities and structures must be confirmed by the client and Stantec assumes no liability resulting from damage to such utilities and structures.
The conclusions are based on the conditions encountered at the Subject Property by Stantec at the time the work was conducted. Accordingly, additional studies and actions may be required. As the purpose of this report is to identify selected Subject Property conditions which may pose an environmental risk; the DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Introduction
May 18, 2023
Project No.: 185750830 2.6
identification of non-environmental risks to structures or people on the Subject Property is beyond the scope of this assessment. The findings, observations, and conclusions expressed by Stantec in this report are not an opinion concerning the compliance of any past or present owner or operator of the Subject Property which is the subject of this report with any Federal, state, provincial or local law or regulation.
This report presents professional opinions and findings of a scientific and technical nature. It does not and shall not be construed to offer a legal opinion or representations as to the requirements of, nor compliance with, environmental laws, rules, regulations, or policies of Federal, state, provincial or local governmental agencies. Issues raised by the report should be reviewed by client legal counsel.
Stantec specifically disclaims any responsibility to update the conclusions in this report if new or different information later becomes available or if the conditions or activities on the Subject Property subsequently change.
2.4 PERSONNEL QUALIFICATIONS
This Phase I ESA was conducted by, or under the supervision of, an individual that meets the ASTM definition of an Environmental Professional (EP). The credentials of the EP and other key Stantec personnel involved in conducting this Phase I ESA are provided in Appendix B.
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Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California User-Provided Information
May 18, 2023
Project No.: 185750830 3.1
3.0 USER-PROVIDED INFORMATION
ASTM E1527-21 describes responsibilities of the User to complete certain tasks in connection with the performance of “All Appropriate Inquiries” into the Subject Property. The ASTM standard requires that the Environmental Professional request information from the User on the results of those tasks because that information can assist in the identification of RECs, CRECs, HRECs, or de minimis conditions in connection with the Subject Property. Toward that end, Stantec requested that the User provide the following documents and information:
Description of Information Provided
(Yes / No) Description and/or Key Findings
User Questionnaire and/or
Interview Yes The User Questionnaire was completed by Mr. Michael Nimon, City of Vallejo Economic Development Manager.
Environmental Liens or
Activity Use Limitations No The User has no knowledge of any liens or activity use limitations associated with the Subject Property.
Previous Environmental
Permits or Reports Provided
by User
No
The User indicated they are not aware of any of these
documents pertaining to the Subject Property.
Purpose of the Phase I ESA Yes Environmental due diligence in support of possible purchase of the Subject Property.
Mr. Nimon indicated that he was not aware of any environmental cleanup liens or activity/use limitations associated with the Subject Property; had no knowledge of possible chemical or hazardous substance use at the Subject Property; and had no knowledge of historical spills or other releases at the Subject Property. A copy of the completed User questionnaire is provided in Appendix C.
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Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.1
4.0 RECORDS REVIEW
The objective of consulting historical sources of information is to develop the history of the Subject Property and surrounding area and evaluate if past uses may have resulted in RECs. Physical setting records are evaluated to determine if the physical setting may have contributed to adverse environmental conditions in connection with the Subject Property. During the review of historical records, Stantec attempted to identify uses of the Subject Property from the present to the first developed use of the Subject Property. Stantec’s research included the reasonably ascertainable and useful records described in this section.
4.1 PHYSICAL SETTING
A summary of the physical setting of the Subject Property is provided in the table below with additional details in the following subsections.
Topography: The Subject Property slopes to the south with an elevation ranging between approximately 38 - 86 feet above mean sea level (amsl). The Subject Property is depicted on the United States Geological Survey (USGS) 7.5- minute topographic map sheet of the Mare Island and Napa, California Quadrangles.
Soil/Bedrock Data: According to the EDR Radius Map Report the dominant soil series in the vicinity of the Subject Property consists of the Dibble soil series, a welldrained clay loam, classified as having slow infiltration rates with a moderate corrosion potential for uncoated steel. Additional geologic information for the Subject Property is discussed in Section 4.1.2.
Estimated Depth to
Groundwater/
Estimated Direction
of Gradient:
The EDR Radius Map Report did not include data regarding depth to groundwater beneath the Subject Property; however, recent groundwater data collected in January of 2023 was available for a site located at 312 Tennessee Street (approximately 1,280 feet southeast of the Subject Property). Based on a January 2023 groundwater sampling event, the depth to groundwater was measured at depths of 10 to 11.5 feet below ground surface within a shaley sandstone and silty gravel. Groundwater flow was reported to the south; however, a northeast and southwest flow direction were also reported from monitoring wells installed on the north portion of the parcel.
NOTE: Site-specific groundwater flow direction and depth can only be determined by conducting site-specific testing, which Stantec has not conducted.
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Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.2
4.1.1 Property Topography and Surface Water Flow
The Subject Property is located at an elevation of ranging between approximately 86 feet amsl fronting Farragut Avenue to 37 feet amsl in the parking area on the south end of the Subject Property. As suggested by this elevation differential, the Subject Property slopes from north to south. Stormwater infiltrates directly into unpaved portions of the Subject Property, flows from paved portions of the site onto the neighboring property to the south, or flows into municipal stormwater control infrastructure in adjacent streets.
4.1.2 Regional and Property Geology
The Subject Property is located within the Coast Ranges Geomorphic Province, which are north-west trending mountain ranges and valleys (California Geological Society 2002). These mountain ranges and valleys are oriented subparallel to the San Andreas Fault, bound to the east by the Great Valley Geomorphic Province, and to the west by the Pacific Ocean. The Coast Ranges are comprised of thick Mesozoic and Cenozoic sedimentary strata, and the northern and southern ranges are separated by the San Francisco Bay, which lies within a depression between the northern and southern ranges. The northern Coast Ranges are composed primarily of the Franciscan Complex and the eastern border of the province is comprised of strike-ridges and valleys that lie within Upper Mesozoic strata (California Geological Society 2002).
4.1.3 Regional and Property Hydrogeology
The Subject Property is located within the Napa-Sonoma Lowlands Groundwater Sub-Basin of the NapaSonoma Valley Groundwater Basin. The sub-basin occupies a lowland area immediately north of the San Pablo Bay. The sub-basin is bounded to the north by the Mayacamas Mountains. The Sonoma and Napa Valleys bound it to the northeast and northwest, respectively. The southern extent of the sub-basin constitutes tidal marshlands lying at or below sea level. The marshlands merge with alluvial plains of the Napa and Sonoma valleys to the north. These marshlands are incised with numerous winding tidal channels containing brackish water. The Napa River and several tributaries drain the subbasin (Department of Water Resources [DWR], 2014).
Site specific groundwater investigations were not conducted during this ESA; however, recent groundwater data collected in January of 2023 was available for a site located at 312 Tennessee Street (approximately 1,280 feet southeast of the Subject Property). Based on a January 2023 groundwater sampling event, the depth to groundwater was measured at depths of 10 to 11.5 feet below ground surface within a shaley sandstone and silty gravel. Groundwater flow was reported to the south; however, a northeast and southwest flow direction were also reported from monitoring wells installed on the north portion of the parcel.
4.2 FEDERAL, STATE AND TRIBAL ENVIRONMENTAL RECORDS
A regulatory agency database search report was obtained from Environmental Data Resources, Inc. (EDR) of Milford Connecticut, a third-party environmental database search firm. A complete copy of the DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.3
database search report, including the date the report was prepared, the date the information was last updated, and the definition of databases searched, is provided in Appendix D.
Stantec evaluated the information listed within the database relative to potential impact to the Subject Property, assessing the potential for impacts based in part on the physical setting. As part of this process, inferences have been made regarding the likely groundwater flow direction at or near the Subject Property. As described in 4.1.3, groundwater flow direction near the Subject Property is generally toward the south, however groundwater flow has also been reported to the northeast and southwest (as measured in 2023 from a site located at 312 Tennessee Street). Observations about the Subject Property and surrounding sites made during the site visit are provided in more detail in Section 5.
4.2.1 Listings for the Subject Property
The Subject Property was identified in the environmental database report as “Vallejo City USD-Sarragut Elementary School,” and “VCUSD, Farragut Elementary School” under the Facility and Manifest Data database (HAZNET) and the Hazardous Waste Tracking System (HWTS) databases. Stantec notes that the first listing (USD-Sarragut Elementary School) is likely a typographical error and refers to the Subject Property address (301 Farragut Avenue). These listings are associated with a likely renovation of the school in 2002 that generated asbestos containing waste, material containing polychlorinated biphenyls (PCBs), aged or surplus organic wastes and other organic solids. There were no identified violations associated with the Subject Property listings and accordingly, these are not considered a REC.
The following is a summary of the findings of the database review for the Subject Property. The complete regulatory agency database report for the Subject Property may be found in Appendix D.
SUMMARY OF FEDERAL, STATE AND TRIBAL DATABASE FINDINGS
Regulatory Database
Approx.
Search
Distance
Subject
Property
Listed?
# Sites
Listed
Standard Environmental Records
Federal National Priorities List (NPL) 1 mile No 0
Federal Proposed NPL 1 mile No 0
NPL LIENS 1 mile No 0
Federal Delisted NPL 1 mile No 0
Federal Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) list (FEDERAL FACILITY, SEMS) ½ mile No 0 Federal CERCLIS No Further Remedial Action Planned (NFRAP) site list (SEMSARCHIVE) ½ mile No 0 Federal Resource Conservation and Recovery Act (RCRA), Corrective Action facilities (CORRACTS) 1 mile No 0
Federal RCRA non-CORRACTS Treatment, Storage, and Disposal Facilities (TSDF) ½ mile No 0 Federal RCRA Generators (RCRA-LQG, RCRA-SQG, RCRA-VSQG) ¼ mile No 7 Federal Institutional Control/Engineering Control Registry (LUCIS, US ENG CONTROLS, US INST CONTROLS) ½ mile No 0
Federal Emergency Response Notification System (ERNS) list Subject Property No 0
State and Tribal Equivalent NPL (RESPONSE, Bond Expenditure Plan) 1 mile No 0 State and Tribal Equivalent CERCLIS (ENVIROSTOR) 1 mile No 2 State and/or Tribal Landfill or Solid Waste Disposal Sites (SWF/LF) ½ mile No 0 State and Tribal Leaking Underground Storage Tank List (LUST, INDIAN LUST, HIST ½ mile No 26 DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.4
SUMMARY OF FEDERAL, STATE AND TRIBAL DATABASE FINDINGS
Regulatory Database
Approx.
Search
Distance
Subject
Property
Listed?
# Sites
Listed
LUST)
Statewide California Spills, Leaks, and Incident and Cleanup Cases (CPS-SLIC) ½ mile No 3 State and Tribal Registered Storage Tank Lists (FEMA UST, UST, INDIAN UST) ¼ mile No 3 Aboveground Petroleum Storage Tank Facilities (AST) ¼ mile No 0 State and Tribal Voluntary Cleanup Sites (INDIAN VCP, VCP) ½ mile No 0 State and Tribal Brownfield Sites (BROWNFIELDS) ½ mile No 0 Additional Environmental Records
Listing of Brownfields Sites (US BROWNFIELDS) ½ mile No 0 Local Lists of Landfill/Solid Waste Disposal Sites (WMUDS/SWAT, INDIAN ODI, ODI, DEBRIS REGION 9, IHS OPEN DUMPS) ½ mile No 0
Recycler Database (SWRCY) ½ mile No 0
Local Lists of Landfill/Solid Waste Disposal Sites (HAULERS) Subject Property No 0
Local Lists of Hazardous Waste/Contaminated Sites (US HIST CDL, CDL, US CDL) Subject Property No 0
Local Lists of Hazardous Waste/Contaminated Sites (SCH) ¼ mile No 0 Local Lists of Hazardous Waste/Contaminated Sites (HIST CAL-SITES, TOXIC PITS) 1 mile No 0 Polyfluoroalkyl Substances List (PFAS) ½ mile No 0
Local Lists of Registered Hazardous Substance Storage Tanks: (HIST UST); California Facility Inventory Database (CA FID UST); and Statewide Environmental Evaluation and Planning System (SWEEPS UST)
¼ mile No 9
California Environmental Reporting System Haz Waste (CERS HAZ WASTE) ¼ mile No 5 California Environmental Reporting System Tanks (CERS TANKS) ¼ mile No 0 Deed Restriction Listing (DEED) ½ mile No 0
Liens Listings (LIENS, LIENS 2) Subject
Property No 0
Records of Emergency Release Reports (HMIRS, CHMIRS, LDS, MCS, SPILLS 90) Subject Property No 0
Federal Resource Conservation and Recovery Act – Non-Generators / No Longer Regulated (RCRA NonGen / NLR) ¼ mile No 16
Federal Formerly Used Defense Sites (FUDS), Department of Defense Sites (DOD) 1 mile No 0 State Coalition for Remediation of Drycleaners Listing (SCRD DRYCLEANERS) ½-mile No 0 2020 Corrective Action Program List (2020 COR ACTION) ¼ mile No 0 Records of Decision (ROD) 1 mile No 0
RCRA Administrative Action Tracking System (RAATS) Subject Property No 0
Steam-Electric Plant Operation Date (COAL ASH DOE) Subject Property No 0
Coal Combustion Residues Surface Impoundments List (COAL ASH EPA) ½ mile No 0 PCB Transformer Registration Database (PCB TRANSFORMER) Subject Property No 0
Superfund (CERCLA) Consent Decrees (CONSENT) 1 mile No 0 Indian Reservations (INDIAN RESERV) 1 mile No 0
Formerly Utilized Sites Remedial Action Program (FUSRAP) 1 mile No 0 Uranium Mill Tailings Site (UMTRA) ½ mile No 0
Lead Smelter Sites (LEAD SMELTERS) Subject
Property No 0
Aerometric Information Retrieval System Facility Subsystem (US AIRS) Subject Property No 0
Mines Master Index File (US MINES, ABANDONED MINES, MINES) ¼ mile No 0 Facility Index System Database Listings (FINDS) Subject Property
No 0
Unexploded Ordinance Sites (UXO) 1 mile No 12
Enforcement and Compliance History Online Listing (ECHO) Subject Property
No 0
EPA Fuels Program Registered Listing (FUELS PROGRAM) ¼ mile No 0 DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.5
SUMMARY OF FEDERAL, STATE AND TRIBAL DATABASE FINDINGS
Regulatory Database
Approx.
Search
Distance
Subject
Property
Listed?
# Sites
Listed
California Bond Exemption Plan (CA BOND EDP. PLAN) 1 mile No 0 “Cortese” Hazardous Waste & Substances Sites List (CORTESE, HIST CORTESE) ½ mile No 29 Certified Unified Program Agency Listings (CUPA Listings) ¼ mile No 0 Dry cleaning Facility List (DRYCLEANERS) ¼-mile No 0
Emissions Inventory Data (EMI) Subject
Property No 0
Enforcement Action Listing (ENF) Subject
Property No 0
Database of Facilities and Manifest Data (HAZNET) Subject Property Yes 4
EnviroStor Permitted Facilities Listing (HWP) 1 mile No 0 Registered Hazardous Waste Transporter Database (HWT) ¼ mile No 0 Medical Waste Management Program Listing (MWMP) ¼ mile No 0 Discharge permit listing (NPDES) Subject
Property No 0
Pesticide Regulation Licenses Listing (PEST LIC) Subject Property No 0
Certified Processors Database (PROC) ½ mile No 0
Proposition 65 Records (Notify 65) 1 mile No 0
Database of Sites with Wastewater Pits (WASTEWATER PITS) ½ mile No 0 Waste Discharge System/Requirement Sites (WDS, WDR) Subject Property No 0
California Integrated Water Quality System (CIWQS) Subject Property No 0
California Environmental Reporting System (CERS) Subject Property No 0
Hazardous Waste Tracking System (HWTS) Subject
Property Yes 4
Other Ascertainable Records (US FIN ASSUR, EPA WATCH LIST, TSCA, TRIS, SSTS,
RMP, PRP, PADS, ICIS, FTTS, MLTS, RADINFO, HIST FTTS, DOT OPS, DOCKET HWC, Financial Assurance, ICE, UIC, UIC GEO, MILITARY PRIV SITES, PROJECT,
NON-CASE INFO, OTHER OIL GAS, PROD WATER PONDS, MINES MRDS) Subject
Property No 0
EDR High Risk Historical Records
EDR Proprietary Manufactured Gas Plants (EDR MGP) 1 mile No 1 EDR Exclusive Historical Auto Stations (EDR Hist Auto) 1/8 mile No 0 EDR Exclusive Historical Cleaners (EDR Hist Cleaner) 1/8 mile No 0
4.2.2 Listings for Adjoining and Nearby Sites with Potential to Impact Subject Property
Stantec assessed data presented in the environmental agency database search report to evaluate the potential for conditions on adjoining and nearby sites to pose a REC, CREC, or HREC for the Subject Property. The evaluation included an opinion of the potential for contamination by hazardous substances or petroleum products to migrate to the Subject Property from an adjoining or nearby site, including by vapor migration or encroachment (i.e., potential for a vapor encroachment condition [VEC]). ASTM E2600-22 Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions (ASTM, 2022) was used as the basis for a Tier I Vapor Encroachment Screen (VES) for the DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.6
Subject Property. This included evaluation of release sites within 1/10 mile for Petroleum Hydrocarbon releases, and 1/3 mile for volatile and semi-volatile organic compounds (VOCs, SVOCs) and other potential vapor phase contaminants (such as mercury).
Based on this evaluation, the following individual facilities were identified as the most likely potential sources of impact to the Subject Property.
Listed Facility Name/Address Database Listing(s) Distance/Direction from Subject Property
Foodmart
55 Wilson Avenue
Vallejo, California 94590
LUST
CORTESE
HIST CORTESE
CERS
SWEEPS UST
CA FID UST
HIST UST
730 feet, west, down-gradient
Two (2) 10,000 gasoline USTs were removed from this site in June of 1992. Three monitoring wells were installed to an unspecified depth as part of the investigation. Groundwater elevations were reported to range from between 8 and 16 feet below ground surface (ft bgs). The primary groundwater flow direction was reported to the southwest. Groundwater analytical data indicated low levels of petroleum hydrocarbons and related VOCs were present in groundwater prior to cleanup activities, and that post-cleanup samples were ‘non detect’ for these compounds. The Solano County Department of Environmental Management (SCDEM) issued a site closure letter on May 30, 1995. This site is not considered a REC.
City of Vallejo,
Public Works Department
125 Wilson Avenue
Vallejo, California 94590
LUST
UST
CORTESE
HIST CORTESE
CERS
SWEEPS UST
CA FID UST
730 feet, west, down-gradient
According to information on the GeoTracker website, four USTs reportedly utilized to store gasoline and waste oil were removed from this site in April of 1998. Approximately 3,000 cubic yards of gasoline and oil contaminated soils were removed from the UST excavation. One monitoring well was installed to an unspecified depth as part of the investigation. Groundwater elevations were reported to range between 8 and 23 ft bgs. The primary groundwater flow direction was reported to the southwest.
Prior to cleanup groundwater reportedly contained low levels of petroleum hydrocarbons and related VOCs; after cleanup activities were cleanup groundwater was reported to be ‘non detect’ for these constituents. The San Francisco Bay Regional Water Quality Board (SFBRWCQB) granted site closure on March 15, 1998. This site is not considered a REC.
Former Gas Station
Facility ID 103793
100 Tennessee Street
Vallejo, California 94590
LUST
UST
700 feet, south, down-gradient
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.7
This site is listed in the EDR report under the Leaking Underground Storage Tank (LUST) database.
The facility status is listed as active, and no additional information was available in the EDR report or on the GeoTracker website. Based on the distance from the Subject Property and its down-gradient position relative to the Subject Property it is not considered a REC.
Goyal Property
Facility ID 10925
42 Tennessee Street
Vallejo, CA 94590
LUST
CORTESE
HIST CORTESE
CERS
744 feet southwest, downgradient
According to the GeoTracker website, two underground storage tanks (USTs) were removed from this site in August 1992. Although groundwater was identified in the 1992 UST excavation a subsequent 1999 investigation at the site concluded that groundwater was present within the bedrock beneath the site at depths of 12 to 19 ft bgs. Regional groundwater flow is presumed to be toward the west/northwest in this location. Soil was impacted with gasoline and diesel range organics including benzene and toluene. The Solano County Department of Environmental Management (SCDEM) granted site closure on June 17, 1999 based on the reported site conditions, absence of “true” groundwater and lack of residual impacts at the site (SCDEM 1999). This site is not considered a REC.
Former Springs Cleaners /
Springs Cleaners
312 Tennessee Street
Vallejo, CA 94590
UST
RCRA-LQG
RCRA-SQG
LUST
FINDS
ECHO
CORTESE
CERS
HWTS
CPS-SLIC
850 feet southeast, downgradient
The Former Springs Cleaners facility previously stored dry-cleaning solvents and waste oil in three underground storage tanks (USTs) located on the north portion of the parcel. The use and storage of dry-cleaning solvents and waste oil resulted in releases of solvents and petroleum hydrocarbons to soil, groundwater, and soil vapor.
Remedial actions conducted at the site successfully mitigated the residual petroleum hydrocarbon impacts associated with the former waste oil tank. The State Water Resources Control Board (SWRCB) concluded site conditions met the necessary criteria for closure under the SWRCB Low Threat Underground Tank Closure Policy. At present, the solvent release is an open case with ongoing sampling and investigation.
Fourteen (14) monitoring wells were sampled by Innovative Environmental Solutions (IES) in November of 2022. During this event groundwater was present at depths ranging between 17.8 and
21.2 feet below the top of the well casing (btoc) with a southerly groundwater flow direction. In January of 2023, groundwater samples were collected from an additional three newly installed wells.
During the January event, groundwater flow was reportedly toward the south, however a northeast and southwest flow direction were reported from the former UST cavities located on the north portion of the site. The depth to groundwater during the January 2023 event ranged between 10.1 and 14.9 feet btoc. The November 2022 sampling event revealed perchloroethylene (PCE) concentrations in groundwater ranging from 2.6 to 2,600 micrograms per liter (ug/L), trichloroethylene (TCE) between DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.8
4.3 LOCAL/REGIONAL ENVIRONMENTAL RECORDS
Stantec reviewed the State Water Resources Control Board’s (SWRCB) GeoTracker database, and the California Department of Toxic Substances Control’s (DTSC) Envirostor database for records pertaining to the Subject Property and surrounding area. The Subject Property was not listed in the GeoTracker or Envirostor databases. There were several sites listed within approximately 0.25-miles of the Property in the GeoTracker database; pertinent findings from these cases are discussed in Section 4.2.2.
In addition to SWRCB and DTSC databases, Stantec requested records pertaining to the Subject Property from Solano County, City of Vallejo, and the Bay Area Air Quality Management District. Agency responses, if received, are summarized below.
4.3.1 Solano County
Agency Name, Contact Information,
Date Finding
Solano County Department of
Resource Management (SCDRM)
[email protected]
Stantec requested documents for the Subject Property
pertaining to the current or former presence of USTs,
aboveground storage tanks (ASTs), hazardous
1.2 ug/L to 1,200 ug/L, and dry-cleaning solvent breakdown products cis-1,2-DCE at concentrations ranging between 2.0 ug/L to 420 ug/L and vinyl chloride concentrations between 11 ug/L to 390 ug/L.
The San Francisco Bay Regional Water Quality Control Board’s (RWQCB) Environmental Screening Levels (ESL’) for PCE in groundwater is 0.64 ug/L, TCE 1.2 ug/L, c-1-DCE and vinyl chloride 0.009 ug/L.
Based on these data, IES concluded that the PCE groundwater plume is not fully delineated to the east and southeast of the source at the former dry-cleaning facility. It is Stantec’s opinion based on review of the data and isoconcentration maps provided in the IES report that the northern extent of the PCE and related VOC plume in soil vapor has also not been delineated. The isoconcentration maps show that the VOC soil vapor plume extends offsite to the north into Reo Alley, and the northern extent of the plume has not been defined. A passive soil gas assessment completed by IES in February of 2022 and October 2022 confirms that the northern extent of the plume is not fully delineated. Soil vapor probe SV-6, installed in Reo Alley north of the site, reported PCE soil vapor concentrations of 5,300 micrograms per cubic meter (ug/m3) at a depth of 5 ft bgs and 24,000 ug/m3 at a depth of 15 ft bgs.
Results of the passive soil vapor survey indicate that PCE mass is present beneath Indiana Street, approximately 200 feet north-northwest of the site. The southeast boundary of the Subject Property is located approximately 850 feet northwest of the former dry cleaner site.
The documented presence of PCE and related compounds in soil vapor attributable to the former dry cleaner, the documented offsite presence of soil vapor concentrations exceeding risk-based screening criteria, and the unresolved nature of the offsite plume north-northwest of the dry cleaner site and toward the Subject Property, represents a REC and potential vapor encroachment condition (VEC) for the Subject Property.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.9
May 9, 2023 materials/waste storage, disposal, or release, permits to operate, or notices of violation or infraction. A response from SCDRM has not been received. If a response is received that affects the conclusions of this report, an addendum will be issued.
4.3.2 Vallejo City Clerk’s Office
Agency Name, Contact Information,
Date Finding
City of Vallejo
https://cityofrichmondca.nextrequest.com/
May 9, 2023
Stantec requested documentation pertaining to building
permits, certificates of occupancy, utilities, above ground storage tanks, below ground storage tanks, hazardous
materials/waste storage, disposal, or release, permits to operate, or notices of violation or infraction associated with the Subject Property. A response from the City of Vallejo has not been received. If a response is received that
affects the conclusions of this report, an addendum will be issued.
4.3.3 Bay Area Air Quality Management District
Agency Name, Contact Information,
Date Finding
Bay Area Air Quality Management
District (BAAQMD)
[email protected]
May 9, 2023
Stantec requested documentation pertaining to permits to operate, emissions permits, emissions inventory statements, health risk assessments, site inspection reports, source test reports, complaint investigation reports, notices of violation, enforcement actions, or asbestos notifications/records
associated with the Subject Property. A response from the agency has not been received. If a response is received that affects the conclusions of this report, an addendum will be issued.
4.4 HISTORICAL RECORDS REVIEW
Copies of historical records reviewed by Stantec are included in Appendix E. The following sections summarize pertinent findings.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.10
4.4.1 Aerial Photographs
Stantec reviewed historical aerial photographs provided by EDR. The general type of activity on a property and land use changes can often be discerned from the type and layout of structures visible in the photographs. However, specific elements of a facility's operation usually cannot be discerned from aerial photographs alone.
The following table summarizes Stantec’s observations of the reviewed historical aerial photographs.
Each of the images were scaled to 1” = 500’. Copies of the EDR Aerial Photo Decade Package are provided in Appendix E.
Year
Observations
Subject Property Northern
Adjacent
Eastern Adjacent Southern
Adjacent
Western
Adjacent
1937 The Subject Property appears
to be a vacant lot.
The surrounding area appears to be occupied by residential buildings with interspersed vacant lots. A railroad easement appears in the area immediately south of the Subject Property. The street grid appears similar to that of the present day. 1947
1952
No significant changes to the
Subject Property were
observed relative to the 1937
aerial photograph.
There is an increase in the density of residential structures on previously observed empty lots in the vicinity of the Subject Property.
1958
Five buildings with connecting
pathways were constructed at
the Subject Property. The 1970
Sanborn Map identifies these
buildings as the David Glasgow
Farragut Public School. The
buildings were labeled to house
a library, office, multi-use room,
and classrooms. The area
around the buildings appeared
light colored suggesting that it
had been cleared of vegetation.
No significant changes were observed to the adjacent properties compared to the 1952 aerial photograph.
1968
Two new buildings, one on the
east side and one on the west
side of the existing buildings,
appear to have been
constructed. The 1970 Sanborn
Map notes that they were
constructed in 1967 and house
classrooms.
No significant changes to the adjacent properties were observed compared to the 1958 aerial photograph.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.11
Year
Observations
Subject Property Northern
Adjacent
Eastern Adjacent Southern
Adjacent
Western
Adjacent
1974
An additional building was
constructed at the Subject
Property.
No
significant
changes
were
observed
relative to
the 1968
aerial
photograph.
No significant changes
were observed relative
to the 1968 aerial
photograph.
New
residential
structures
appear to
have been
constructed.
No
significant
changes
were
observed
relative to
the 1968
aerial
photograph.
1982 No significant changes to the Subject Property and adjacent properties were observed relative to the 1974 aerial photograph.
1993
It appears that two buildings
have been constructed on the
southern portion of the Subject
Property.
The image quality is poor which made discerning changes to the adjacent properties difficult.
2005
No significant changes to the Subject
Property were observed relative to the 1993
aerial photograph.
A building and parking
lot appear to have
been constructed on
this lot. The city
directory identifies this
property as the Vallejo
Architectural Heritage
Foundation. City
directories indicate this
foundation was present
at this address as early
as 1988, so it is likely
that the building was
present in the 1993
aerial photograph but
was not discernable
due to the low quality
of the aerial
photograph.
No significant changes to
the adjacent properties
were observed relative to
the 1982 aerial
photograph.
2009
An additional building was
constructed on the Subject
Property.
No significant changes to the adjacent properties were observed relative to the 2005 aerial photograph.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.12
The aerial photographs document that the Subject Property was undeveloped between 1937 and 1950, at which time the Solano County Assessor’s Office Property Search records indicate Farragut Elementary School was constructed. No RECs or other features of environmental significance were identified based on review of the aerial photographs.
4.4.2 City Directories
Stantec retained a third party to research available city directories for the Subject Property and adjoining and nearby properties in approximately five-year intervals. Copies of the city directory listings are provided in Appendix E. The following is a summary of Stantec’s review of the city directory listings for the Subject Property.
Subject Property Year Listed Occupants
301 Farragut Avenue 1959 Farragut Admiral David Glasgow School 1965 Farragut Admiral David Glasgow School
1970 Farragut Admiral David Glasgow School
1974 Farragut Admiral David Glasgow School
1979 Farragut Admiral David Glasgow School
Farragut Early Child Care Center
1984 Farragut Elementary School
Farragut School Children’s Center
1988 Farragut Elementary School
Farragut School Children’s Center
1992 FARRAGUT SC HM OFC
1995 Farragut Elementary School
2000 Vallejo City Unified School District
2005 Admiral Farragut Elementary School
2010 Community Day School
2014 Vallejo City Unified School District
2017 Vallejo City Unified School District
Year
Observations
Subject Property Northern
Adjacent
Eastern Adjacent Southern
Adjacent
Western
Adjacent
2012
2016
2020
No significant changes to the Subject Property and adjacent properties were observed relative to the 2009 aerial photograph.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.13
Subject Property Year Listed Occupants
2020 Subject Property address not listed
No RECs or other features of environmental significance were identified based on review of the historical city directories.
4.4.3 Historical Fire Insurance Maps
Fire insurance maps were developed for use by insurance companies to depict facilities, properties, and their uses for many locations throughout the United States. These maps provide information on the history of prior land use and are useful in assessing whether there may be potential environmental contamination on or near the Subject Property. These maps, which have been periodically updated since the late 19th century, often provide valuable insight into historical Subject Property uses.
Stantec contracted with EDR to search for copies of historical fire insurance maps covering the Subject Property and adjoining and nearby properties. The Sanborn® Map Search Report is presented in Appendix E.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.14
Year Observations of the Subject Property and Adjoining/Nearby Properties 1919 The Subject Property is depicted as a vacant lot.
The adjacent properties to the north and south are depicted as small lots with structures labeled as residential dwellings. The west adjacent site is comprised of several larger buildings labeled as “housing corporation.” The east adjacent property is unimproved with no property lines indicating that it may be part of the right-of-way. 1944 No changes are depicted to the Subject Property as compared to the 1919 Sanborn Map.
Additional residential dwellings have been built on the north and south adjacent sites. The housing corporation that was previously observed on the west adjacent property appears to have been replaced by many smaller lots with residential dwellings. No changes are depicted to the east adjacent sites.
1950 No changes are depicted to the Subject Property as compared to the 1944 Sanborn Map.
A residential structure appears to have been constructed on a previously vacant lot on the west adjacent site.
1956 No changes are depicted to the Subject Property as compared to the 1950 Sanborn Map.
Two buildings appear to have been constructed on the north adjacent site. 1970 The Subject Property is now labeled “David Glasgow Farragut Public School” and eight (8) buildings have been constructed on the Subject Property. The only change to the adjacent sites was the removal of a building located on the north adjacent property.
4.4.4 Historical Topographic Maps
Stantec reviewed historical USGS 7.5-minute Topographic Maps of the Napa (1902) and Mare Island (1914 – 2018), California Quadrangle (scale 1:24,000) to help identify past Subject Property and adjoining and nearby property usage and areas of potential environmental concern. Copies of the historical topographic maps are provided in Appendix E. The following table summarizes the maps reviewed and our observations.
Year
Observations
Subject Property Northern
Adjacent Eastern
Adjacent
Southern
Adjacent
Western
Adjacent
1902
The Subject Property appears to be vacant, although it is difficult to identify its precise location on the map.
The surrounding area has a well-developed street grid to the south with several structures and undeveloped land to the north.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Records Review
May 18, 2023
Project No.: 185750830 4.15
Year
Observations
Subject Property Northern
Adjacent Eastern
Adjacent
Southern
Adjacent
Western
Adjacent
1914
The Subject Property is comprised of
undeveloped land with a developed street
grid surrounding it.
The north, and south adjacent properties are
developed sites with many structures. The east and
west adjacent properties tare undeveloped.
1916
The Subject Property remains undeveloped
with an apparent railroad easement
constructed along the south border of the
Subject Property.
The north, east, and south adjacent properties
remain unchanged; several structures appeared to
have been constructed on the west adjacent site.
1947 The topographic map does provide detail for the Subject Property or surrounding sites; the presentday street is visible however. 1949
The Subject Property is shaded red
indicating dense development. Two (2)
blocks south a property located on
Tennessee Street is labeled as Farragut
School. This is likely a previous location of
the school that would later occupy the
Subject Property.
These adjacent sites are shaded red indicating
dense development.
1951
1952
The Subject Property is shaded red
indicating dense development. The Farragut
School remains visible on Tennessee Street.
These areas are shaded red indicating dense
development.
1959
1968
The Subject Property now contains multiple
buildings and is labeled as “Farragut
School.”
These areas are shaded red indicating dense
development.
1980
1981
Two (2) new buildings have been added to
the Farragut School located at the Subject
Property.
These areas are shaded red indicating dense
development.
2012
2015
2018
The Subject Property is shaded white
indicating dense development.
These areas are shaded white indicating dense
development.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Site Reconnaissance
May 18, 2023
Project No.: 185750830 5.16
5.0 SITE RECONNAISSANCE
A visit to the Subject Property and its vicinity was conducted by Mr. Neil Doran of Stantec on May 15, 2023. Figure 2 illustrates the Subject Property and vicinity. Photographs collected during the Subject Property visit are included in Appendix A.
5.1 SITE RECONNAISSANCE METHODOLOGY
The site reconnaissance focused on observation of current conditions and observable indications of past uses and conditions of the Subject Property that may indicate the presence of RECs. The reconnaissance of the Subject Property was conducted on foot and Stantec utilized the following methodology to observe the Subject Property:
• Traverse the outer Subject Property boundary
• Traverse transects across the Subject Property
• Traverse the periphery of all structures on the Subject Property • Visually observe accessible interior areas expected to be used by occupants or the public maintenance and repair areas, utility areas, and a representative sample of occupied spaces During site reconnaissance Stantec examined the site for the presence of features potentially indicative of substantive environmental issues including the presence of above- and below-ground storage tanks, sumps and drains, use and accumulation of hazardous materials, and evidence of chemical spills such as staining or etching of the ground surface.
5.2 GENERAL DESCRIPTION
Subject Property and
Area Description:
The Subject Property consists of a 5.21-acre parcel identified by the Solano County Assessor’s Office as Assessor Parcel Number (APN) 0055- 044-170; it is located on the south side of Farragut Avenue, west of Buena Vista Avenue and east of Sacramento Street forming a roughly triangular shaped parcel. The north adjacent site across Farragut Avenue contains residential development; the east adjacent contains a residential dwelling and the Vallejo Architectural Heritage Foundation; the south adjacent site is comprised of a railroad easement (spur) and beyond by the Pointe 38 Apartments and a mix of residential development and commercial businesses; and the west adjacent site across from Buena Vista Avenue contained residential development.
Subject Property
Operations:
The Subject Property was observed to be improved with an approximately 32,700 square-foot elementary school and operating as the Vallejo Educational Academy for at-risk youth.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Site Reconnaissance
May 18, 2023
Project No.: 185750830 5.17
Structures, Roads, Other
Improvements:
The Subject Property is occupied by school buildings consisting of administrative offices, permanent and portable classrooms, a multipurpose room, playground areas, and parking lots.
Property Size (acres): 5.21
Estimated % of Subject
Property Covered by
Buildings and/or
Pavement:
Approximately 40% of the property is covered by buildings and/or pavement.
Observed Current
Subject Property
Use/Operations:
The Subject Property is operated as the Vallejo Educational Academy, providing educational and nutritional services for a limited number of at-risk youth.
Observed Evidence of
Past Property Use(s): No evidence of differing past uses of the Subject Property were observed.
Sewage Disposal Method
(and age): Vallejo Flood and Wastewater District
Potable Water Source: City of Vallejo Water Department
Electric Utility: Pacific Gas and Electric
5.3 HAZARDOUS SUBSTANCES AND PETROLEUM PRODUCTS
The following table summarizes Stantec’s observations during the Subject Property reconnaissance.
Observations Description/Location
Hazardous Substances and
Petroleum Products as Defined
by CERCLA 42 U.S.C. §
9601(14):
None observed.
Drums (≥ 5 gallons): None observed.
Strong, Pungent, or Noxious
Odors: None observed.
Pools of Liquid: None observed.
Unidentified Substance
Containers: None observed.
PCB-Containing Equipment: Offices and classrooms contain fluorescent lights, the ballasts for which may contain PCBs.
Other Observed Evidence of
Hazardous Substances or
Petroleum Products:
None observed.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Site Reconnaissance
May 18, 2023
Project No.: 185750830 5.18
5.4 INTERIOR OBSERVATIONS
Stantec made the following observations during the site reconnaissance of the building interiors at the Subject Property and/or identified the following information during the interview or records review portions of the assessment:
Observations Description
Heating/Cooling Method: Electric and/or natural gas-powered air handling units. Prior to the early 2000s, heat was provided by a boiler powered by natural gas.
Surface Stains or Corrosion: Minor staining, apparently associated with groundwater infiltration, was observed in the sub-grade boiler room beneath the multi-purpose room.
Floor Drains and Sumps: A small (approximately 12 inches diameter and 16 inches deep) sump was observed in the boiler room. The sump was filled with what appeared to be groundwater and was fitted with an inoperable sump pump intended to convey water to the sanitary sewer. The water was traveling across the concrete floor into a drain that the site representative believed was connected to the sanitary sewer.
Other Interior Observations: No additional pertinent observations.
5.5 EXTERIOR OBSERVATIONS
Stantec made the following observations during the site reconnaissance of exterior areas of the Subject Property and/or identified the following information during the interview or records review portions of the assessment:
Observations Description
On-site Pits, Ponds, or Lagoons: None observed.
Stained Soil or Pavement: None observed.
Stressed Vegetation: None observed.
Waste Streams and Waste
Collection Areas:
None observed.
Solid Waste Disposal: None observed.
Potential Areas of Fill Placement: None observed.
Wastewater: None observed.
Stormwater: Stormwater likely percolates into the subsurface or flows offsite at the south portion of the Subject Property.
Wells: None observed.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Site Reconnaissance
May 18, 2023
Project No.: 185750830 5.19
Observations Description
Septic Systems: None observed.
Other Exterior Observations: No additional pertinent observations.
5.6 UNDERGROUND STORAGE TANKS/STRUCTURES
Existing USTs: No visible evidence (fill pipes, vent pipes, dispensers, surface patches) of USTs was observed on the Subject Property.
Former USTs: No visible evidence (fill pipes, vent pipes, dispensers, surface patches), reports, or other evidence of the former presence of USTs was discovered during this Phase I ESA.
Other Underground
Structures:
No other underground structures were evident on the Subject Property.
5.7 ABOVEGROUND STORAGE TANKS
Existing
ASTs:
No visible evidence (fill pipes, vent pipes, dispensers, surface stains), reports, or other evidence of the former presence of aboveground storage tanks (ASTs) was discovered during this Phase I ESA.
Former ASTs: No visible evidence (fill pipes, vent pipes, dispensers, surface stains), reports, or other evidence of the former presence of ASTs was discovered during this Phase I ESA.
5.8 ADJOINING PROPERTIES
5.8.1 Current Uses of Adjoining Properties
As viewed from the Subject Property and/or from public rights-of-way, Stantec made the following observations about use and activities on adjoining properties:
NORTH Farragut Avenue and beyond by residential development.
SOUTH A railroad easement (spur) and beyond by the Pointe 38 Apartments and a mix of residential development and commercial businesses.
EAST A residential dwelling and the Vallejo Architectural Heritage Foundation.
WEST Buena Vista Avenue and beyond by residential development.
5.8.2 Observed Evidence of Past Uses of Adjoining Properties Observations of adjoining properties providing indications of past use and activities, if any, are described below.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Site Reconnaissance
May 18, 2023
Project No.: 185750830 5.20
NORTH None observed.
SOUTH None observed.
EAST None observed.
WEST None observed.
5.8.3 Pits, Ponds or Lagoons on Adjoining Properties
As viewed from the Subject Property and/or from public rights-of-way, Stantec made the following observations about the presence of pits, ponds, and lagoons on adjoining properties:
NORTH None observed.
SOUTH None observed.
EAST None observed.
WEST None observed.
5.9 OBSERVED PHYSICAL SETTING
Topography of the
Subject Property and
Surrounding Area:
The Subject Property slopes to the south with an elevation ranging between approximately 38 - 86 feet above mean sea level (amsl). The surrounding DRAFT
area slopes to the west toward the Napa River.
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Interviews
May 18, 2023
Project No.: 185750830 6.1
6.0 INTERVIEWS
The User identified Mr. Mitch Romao, Assistant Supervisor of Operations at Vallejo City Unified School District, as the key site manager. Mr. Murray’s responses to Stantec’s interview questions are summarized below.
Name and contact
information
Relationship to
Property Key findings:
Mitch Romao
(707) 556-8921
Assistant
Supervisor of
Operations
Mr. Romao indicated that he has 15 years of knowledge of the Subject Property and presented information on the following conditions:
• The Subject Property is currently partially used for
educational programs.
• Past use of the Subject Property includes as a school and as furniture/equipment storage for the school district. • To his knowledge, there have never been groundwater
monitoring or drinking water wells at the Subject Property and the Subject Property has not been used for drum
storage.
Mr. Romao indicated that he is not aware of any of the
following conditions pertaining to the Subject Property:
• Current or past use or storage of hazardous substances or petroleum products or on the Subject Property.
• Spills or leaks of hazardous substances or petroleum
products or other environmental incidents on the Subject Property.
• Government agency enforcement actions, investigations, citations, notices of violation, or active or threatened litigation pertaining to environmental issues at the Subject Property.
• Concerns or complaints expressed by occupants or
neighbors of the Subject Property pertaining to
environmental matters.
• Spills of hazardous substances or petroleum products or other incidents or concerns at adjoining or nearby
properties.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Evaluation
May 18, 2023
Project No.: 185750830 7.1
7.0 EVALUATION
This section provides a summary overview of or Findings, Opinions, and Conclusions.
7.1 FINDINGS AND OPINIONS
Information gathered from interviews, reviews of existing data, and the site visit was evaluated to determine if RECs are present in connection with the Subject Property. Based on this information, Stantec made the following findings and developed the following opinions. 1 Finding: The Subject Property appears to have been undeveloped circa 1919 until 1957 when it was developed as an elementary school.
Opinion: No RECs were identified in connection with historical uses of the Subject Property. 2 Finding: A former dry cleaner was identified approximately 850 feet to the southeast and downgradient of the Subject Property. Dry cleaning operations began at this site in 1966. Based on available information it is unclear when dry cleaning operations ceased. Site soil, soil vapor and groundwater were impacted by a release from a historical dry-cleaning solvent UST and site operations. Recent data for this site (2023) indicate the extent of the groundwater plume has not been fully delineated. In addition, groundwater flow was reported to be variable to the south, northeast and southwest. Site data indicate tetrachloroethylene (PCE, a dry cleaning solvent) has migrated offsite to the north-northwest in soil vapor, and is present at concentrations exceeding risk-based screening criteria. Interim data suggest that significant chemical mass is present in soil vapor at a distance of approximately 200 feet north-northeast of the site, approximately 600 feet from the southeastern boundary of the Subject Property.
Opinion: The documented presence of PCE and related compounds in soil vapor attributable to the former dry cleaner, the documented offsite presence of soil vapor concentrations exceeding risk-based screening criteria, and the unresolved nature of the offsite plume north-northwest of the dry cleaner site and towards the Subject Property represents a REC and potential vapor encroachment condition (VEC) for the Subject Property. These conditions meet the criteria of a VEC as they are located within the ASTM 2600-15 radius of 1,760 feet for non-petroleum hydrocarbon chemicals of concern.
3 Finding: No other nearby sites with potential to impact the Subject Property were identified in the environmental database report.
Opinion: No records of environmental concern constituting a REC for the Property were identified for nearby sites.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Evaluation
May 18, 2023
Project No.: 185750830 7.2
7.2 DATA GAPS
The federal AAI final rule [40 CFR 312.10(a)] and ASTM E1527-21 identify a “data gap” as the lack or inability to obtain information required by the standards and practices of the rule despite good faith efforts by the Environmental Professional or the User.
Any data gaps resulting from the Phase I ESA described in this report are listed and discussed below.
Gap Discussion
Deletions or Exceptions from
Scope of Work Referenced in
Section 1.4:
None
Weather-Related Restrictions to
Site Reconnaissance:
None
Facility Access Restrictions to
Site Reconnaissance:
None
Other Site Reconnaissance
Restrictions:
None
Data Gaps from Environmental
Records Review:
At the time of completion of this report, complete responses have not been received from the City of Vallejo, Solano County, or the Bay Area Air Quality Management District. This constitutes a data gap; however, it did not impede the EP’s ability to identify RECs in connection with the Subject Property.
Data Gaps from Historical
Records Review:
Historical records for the Subject Property were not always available in five-year intervals. This constitutes a data gap; however, based on available historical documents and consistent land use, these do not appear to change the conclusions of this report.
Data Gaps from Interviews: None
Other Data Gaps: None
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Evaluation
May 18, 2023
Project No.: 185750830 7.3
7.3 CONCLUSIONS
We have performed a Phase I ESA in conformance with the scope and limitations of ASTM Practice E1527-21 of 301 Farragut Avenue, Vallejo, California, the Subject Property. Any exceptions to, or deletions from, this practice are described in Section 2.3 of this report. This assessment has revealed the following evidence of RECs in connection with the Subject Property:
• A former dry cleaner (Springs Cleaners) operated at 312 Tennessee Street, located 850 feet southeast of and downgradient from the Subject Property, beginning in 1966. The site has undergone multiple investigations pertaining to an uncontrolled release of dry cleaning solvents including tetrachloroethylene (PCE) and related compounds. Recent data for this site (2023) indicate the extent of the groundwater plume has not been fully delineated, although it appears that groundwater generally flows away from the Subject Property. Site data indicate PCE has migrated offsite to the north-northwest in soil vapor, towards the Subject Property, and is present at concentrations exceeding risk-based screening criteria at a distance of at least 200 feet from the former dry cleaner, at a distance of approximately 600 feet from the southeastern boundary of the Subject Property. The documented presence of PCE and related compounds in soil vapor attributable to the former dry cleaner, the documented offsite presence of soil vapor concentrations exceeding risk-based screening criteria, and the unresolved nature of the offsite soil vapor plume north-northwest of the dry cleaner site and towards the Subject Property represents a REC and potential vapor encroachment condition (VEC) for the Subject Property.
These conditions meet the criteria of a VEC as they are located within the ASTM 2600-15 radius of 1,760 feet for non-petroleum hydrocarbon chemicals of concern.
A Phase II ESA is recommended to investigate whether the identified REC has impacted soil vapor beneath the Subject
DRAFT
Property.
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California Non-Scope Considerations
May 18, 2023
Project No.: 185750830 8.1
8.0 NON-SCOPE CONSIDERATIONS
No non-scope services were performed as part of this Phase I ESA.
DRAFT
Phase I Environmental Site Assessment, 301 Farragut Avenue, Vallejo, California References
May 18, 2023
Project No.: 185750830 9.1
9.0 REFERENCES
California Geological Society. 2002. "California Geomorphic Provinces Note 36." December.
IES. 2023. "Site Investigation Summary Report and Conceptual Site Model, Former Springs Cleaners, 312 Tennessee Street, Vallejo, CA 94590, San Francisco Bay RWQCB Case Number 48S0064, California Global ID: T10000006334." March 29.
SCDEM. 1997. "Case Closure Summary, City of Vallejo Property, 125 Wilson Avenue, Vallejo, CA 94590, LUSTIS Case No. 48-0045." September 30.
—. 1999. "Transmittal of Underground Storage Tank (UST) Case Closure Certification and Case Closure Summary, Unauthorized Release, 42 Tennessee Street, Vallejo, CA, Solano County File # 10925, State LUSTIS File # 48-0214." June 17.
—. 1995. "Underground Storage Tank (UST) Case Closure, Food Mart, 55 Wilson Avenue, Vallejo, CA 94590 ... Solano County File # 10776, and CRWQCBSFBR File # 48-0239." May 30.
SFBRWCQB. 1997. "Case Closure Summary, Leaking Underground Fuel Storage Tank Program, City of Vallejo Property, 125 Wilson Avenue, Vallejo, CA 94590." September 30.
DRAFT
Phase I Environmental Site Assessment
301 Farragut Avenue
Vallejo, California
Project No.: 185750830
FIGURES
DRAFT
V:\1857\Active\185705018_vallejo\gis\mxds\ph1esa\301_farragut\fig_01_301_farragut_ph1esa_locvic_20230517.mxd Revised: 2023-05-17 By: awisher Disclaimer: This document has been prepared based on information provided by others as cited in the Notes section. Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omissions which may be incorporated herein as a result. Stantec assumes no responsibility for data supplied in electronic format, and the recipient accepts full responsibility for verifying the accuracy and completeness of the data.
Notes
1. Coordinate System: NAD 1983 UTM Zone 10N
2. Background: Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Approximate Site Boundary
1 185705018
Subject Property and Vicinity Map
Title Figure No.
Project Location
Client/Project
($$¯
0 150 300
Feet
(At original document size of 8.5x11)
1:3,000 California
Idaho
Nevada
Oregon
Arizona Utah
City of Vallejo
555 Santa Clara Street
Vallejo, California 94590
Phase I Environmental Site Assessment
301 Farragut Avenue
Vallejo, California 94590
DRAFT
V:\1857\Active\185705018_vallejo\gis\mxds\ph1esa\301_farragut\fig_02_301_farragut_ph1esa_layout_20230517.mxd Revised: 2023-05-17 By: awisher Disclaimer: This document has been prepared based on information provided by others as cited in the Notes section. Stantec has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omissions which may be incorporated herein as a result. Stantec assumes no responsibility for data supplied in electronic format, and the recipient accepts full responsibility for verifying the accuracy and completeness of the data.
Approximate Site Boundary
2 185705018
Subject Property Map
Title Figure No.
Project Location
Client/Project
($$¯
0 150 300
Feet
(At original document size of 8.5x11)
1:3,000
Notes
1. Coordinate System: NAD 1983 UTM Zone 10N
2. Background: © 2023 Microsoft Corporation © 2023 Maxar ©CNES (2023) Distribution Airbus DS © 2023 TomTom California
Idaho
Nevada
Oregon
Arizona Utah
City of Vallejo
555 Santa Clara Street
Vallejo, California 94590
Phase I Environmental Site Assessment
301 Farragut Avenue
Vallejo, California 94590
DRAFT
Phase I Environmental Site Assessment
301 Farragut Avenue
Vallejo, California
Project No.: 185750830
APPENDICES
DRAFT
Phase I Environmental Site Assessment
301 Farragut Avenue
Vallejo, California
Project No.: 185750830
Appendix A Photographs of the Property and Vicinity
DRAFT
Photographs of the Property and Vicinity
Site Name: 301 Farragut Avenue, Vallejo, California
Photographer: Neil Doran, Stantec
Dates: May 15, 2023