Construction Rental Agreements

							                                                                                                                 Due Diligence Checklist

TSFR TYPE

                                         Title or > 80% Owned Fclty
                  < 80% Owned Facility

                                                                      [County]                                                             Building ID #:                                    [xx-xx-xx]
                                                                      [Facility]                                                           GBSF:                                               [xx,xxx]
Leased Facility




                                                                      [Address]                                                            % Court Occupied:                                       [xx]

                                                                      Item (priority items in bold)                                         Doc.       Delivery              Comments
                                                                                                                                            Avail.      Date
1 - Material Agreements
g g g Contracts related to title, use, occupancy or condition of court facility
                                                                                                                                           [Y/N/TBD/
      requiring more than 30 days prior notice to terminate and annual                                                                                 1/1/2005
                                                                                                                                              NA]
      payment from or to the County of more than $25,000)
2 - Structural/Physical Condition
c g g
                                                                      (a) Plans and specifications for the original planning, design and
                                                                      construction of the buildings or for later additions or structural
                                                                      modifications, site plans, building plans, floor plans, flood maps
c g g (b) “As-built” construction documents, including architectural,
      structural, mechanical, plumbing, and engineering plans and/or
      specifications
c g g (c) Structural or engineering assessments, reports or notices
c g g (d) Current floor plans for each floor (including basements)
c g g (e) Inspection reports
g g g (i) Documents describing repairs or maintenance made or required
g g g
      (j) Documents reflecting the age and condition of the building roofs and the
      systems and equipment installed in or affixed to each court facility including
                                                                                                                                                                  As applicable for leases
      HVAC, security systems, intercom or other internal communications systems,
      fire life safety systems, elevators and escalators;
c g g (k) Seismic studies, seismic retrofitting or upgrades recommended or
      completed
g g g (l) Fire/Life/Safety Compliance Documents




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                                                             Due Diligence Checklist

3 - Environmental
g   g      g   (a) Phase I or Phase II environmental site assessments
g   g      g   (b) Asbestos and mold reports
g   g      g   (c) Radon, methane gas or other air quality studies
c   c      g   (d) Environmental Impact Reports
c   c      g   (e) Endangered species investigations
c   c      g   (f) Biological assessments
c   c      g   (g) Negative declarations
g   g      g   (h) Remedial action plans
g   g      g   (i) Notices from and correspondence with any governmental body relating to
               compliance with environmental laws
g   g      g   (j) No further action (NFA) letters
g   g      g   (k) Environmental covenants and restrictions
c   g      g   (l) Closure reports
g   g      g   (n) Permits or licenses related to environmental compliance
g   g      g   (o) Documents and inspection reports related to underground or above-
               ground storage tanks
g g g          (p) County’s written disclosures to/from third parties regarding environmental
               conditions
4- Title
c g g (a) County’s current title policy or title report, if any
c g g (b) New title report and recorded title exception documents
c g g (c) ALTA survey and any maps, plats, plans, specifications or other
      drawings/depictions of each court facility
c g g (d) Descriptions of unrecorded/unwritten liens and encumbrances
c g g (f) Covenants, conditions and restrictions
c g g (g) Reciprocal easement agreements
5 - Compliance
c c g (a) Certificates of occupancy
g g g (b) Inspection certificates for elevators, escalators, fire safety equipment and
                                                                                                As applicable for leases
      other building systems
c g g (c) Assessments, reports or analyses relating to ADA compliance
c g g (d) Permits and approvals for capital improvements, repair or maintenance
      projects
g g g (e) Licenses for software and other proprietary materials to be transferred


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                                                        Due Diligence Checklist

g g g (f) Notices and correspondence concerning actual or claimed violations of
      law related to real property or building
c g g (g) Licenses and permits required for any business operated on the property
      (other than the courts)
6 - Occupancy
g   g   g   (a) Leases, subleases and rental agreements
g   g   g   (b) Licenses for use of land, building or personal property
g   g   g   (c) Occupancy or use arrangements (verbal or written)
g   g   g   (d) Notices and material correspondence related to any lease, sublease,
            rental agreement, license or other occupancy or use arrangements
7 - Intangible Rights and Obligations
g g g (a) Written/verbal contract rights and commitments (e.g., leases for
      equipment, signage or other personal property, vending machine rental
      or purchase agreements, service or maintenance contracts, vendor
      agreements, contracts for or related to the development, design,
      construction, ownership, repair, maintenance, operation, upkeep and/or
      inspection of all or any part of the real or personal property to be
      transferred)
g g g
      (b) Software license agreements or arrangements to be transferred
g g g
            (c) Warranties, permits, licenses, certificates, guaranties and
            suretyship agreements and arrangements, indemnification rights, and
            any unresolved claims or demands made on any such warranties,
            indemnification rights, guaranties and/or suretyship agreements
g g g (d) Commitments, deposits and rights for utilities
g g g
      (e) Engineering, accounting, legal and other technical or business data
      concerning the real or personal property to be transferred, and title
      documents and information concerning any tangible personal property
      to be transferred
g g g (f) Deposits, deposit accounts and escrow accounts arising from or
      related to any transactions related to the land, building or intangible
      personal property, and rights to receive refunds or rebates of impact
      fees, assessments or charges, premiums



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                                                         Due Diligence Checklist

c g g (g) Rights to oil, gas and other hydrocarbons and minerals produced
      from or allocated to the land and the proceeds thereof
c g g (h) Reversionary rights and interests held by the County or other third
            party in the land, any adjacent land or any other land previously
            comprising a part of the court property
g g g (j) Amendments, addenda, exhibits, appendices, attachments,
      schedules, riders, modifications, renewals, extensions and other
      changes or additions of every kind to any of (a) through (i) above
8 - Insurance Coverage, Damage or Loss, Claims
g g g (a) Proceeds arising from any damage to or loss of all or any part of the
      court facility, including any commercial tort claims arising from or
      related to any such damage or loss
g g g (b) Documentation of and written materials relating to any self-
      insurance programs covering all or any of the real or personal property
      to be transferred
9 - Condemnation
g g g (a) Claims, demands for mediation, arbitration or other dispute
      resolution procedure, causes of action or complaints received in
      connection with any actual or proposed condemnation or eminent
      domain proceeding affecting the court facility
g g g (b) Proceeds to which the County is or may be entitled related to the taking of
            any part of the land or building by condemnation, eminent domain or transfer
            in lieu of condemnation or eminent domain, for public or quasi-public use
            under any law
10 - Litigation
g g g Brief written description of each pending or threatened claim, liability,
      litigation, arbitration, mediation, administrative proceeding, settlement
      negotiation or other dispute resolution proceeding involving, related to
      or affecting the court facility
11 - Excluded Documents
g g g If there are materials that are responsive to the AOC's document and
      information requests , but which the County believes it may not disclose to the
      AOC for reasons of attorney-client privilege, attorney work product privilege or
      confidentiality obligations, the AOC requests that the County provide the AOC
      with a written list setting forth the title and general subject matter of each such
      document.

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                                                        Due Diligence Checklist

SPECIAL CONSIDERATIONS
A - Historical Buildings
c g g Historic Building Designation Documents
B - Bonded Indebtedness
c g g (a) Written evidence that County’s interest in the land and building is
      subject to bonded indebtedness (as defined in Section 70301(a) of the
      Act)
c g g (b) Legal documents evidencing and/or securing the bonded indebtedness
      and any material notices or correspondence related thereto
c g g (c) Identification of all revenue sources that are and/or will be used to pay the
      bonded indebtedness
C - Pending Projects (see §§770326(d) and 70331 of SB 1732)
g g g (a) Written approval by the County’s Board of Supervisors for the
      pending project
g g g (b) Resolutions or ordinances approved by the County allocating,
      approving, appropriating or committing funds for the applicable phases
      of a pending project
g g g (c) Contracts or agreements entered into, or under negotiation, by the
      County for a pending project
g g g (d) Written description of the source and amount of all County funds
      allocated, approved, appropriated or committed for a pending project
      and the terms and conditions applicable to the County’s use of such
      funds
g g g (e) Draft/final plans, specifications, energy or structural calculations,
      drawings, maps and surveys depicting or related to a pending project
g g g (f) Permits and approvals given by any governmental body for a pending
      project, and/or completed applications for required permits or approvals for a
      pending project, including CEQA documents
g g g (g) Bids, estimates, proposals, responses to requests for proposals or other
      documents reflecting proposed pricing for labor and/or materials for any one
      or more of the pending projects
g g g (h) Materials related to the approval, permitting, funding, planning,
      implementation, performance and/or completion of the pending project




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