ITEM 5 EXHIBITS A-H - Laserfiche WebLink

4400 Black Avenue Pleasanton, California 648-26-2 Page 4 SECTION 3: USER PROVIDED INFORMATION The ASTM standard defines the User as the party seeking to use a Phase I ESA to evaluate the presence of Recognized Environmental Conditions associated with a property. For the purpose of this Phase I ESA, the User is TTLC Management. The “All Appropriate Inquiries” Final Rule (40 CFR Part 312) requires specific tasks be performed by or on behalf of the party seeking to qualify for Landowner Liability Protection under CERCLA (i.e., the User). Per the ASTM standard, if the User has information that is material to Recognized Environmental Conditions in connection with the Site, such information should be provided to the Environmental Professional. This information includes: 1) specialized knowledge or experience of the User, 2) commonly known or reasonably ascertainable information within the local community, and 3) knowledge that the purchase price of the Site is lower than the fair market value due to contamination. A search of title records for environmental liens and activity and use limitations also is required. 3.1 ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONS An environmental lien is a financial instrument that may be used to recover past environmental cleanup costs. Activity and use limitations (AULs) include other environmental encumbrances, such as institutional and engineering controls. Institutional controls (ICs) are legal or regulatory restrictions on a property’s use, while engineering controls (ECs) are physical mechanisms that restrict property access or use. The regulatory agency database report described in Section 4.1 did not identify the Site as being in 1) US EPA databases that list properties subject to land use restrictions (i.e., engineering and institutional controls) or Federal Superfund Liens or 2) lists maintained by the California Department of Toxic Substances Control (DTSC) of properties that are subject to AULs or environmental liens where the DTSC is a lien holder. ASTM E1527-21 categorizes the requirement to conduct a search for Environmental Liens and AULs as a User responsibility. A Preliminary Title Report by First American Title Company (dated March 17, 2022) was provided for our review (Appendix F). No environmental liens or records of ownership (including leases) indicative of significant hazardous materials use associated with the Site were listed in the title report. 3.2 SPECIALIZED KNOWLEDGE, COMMONLY KNOWN OR REASONABLY ASCERTAINABLE INFORMATION, AND PROPERTY VALUE Based on information provided by or discussions with TTLC Management, we understand that TTLC Management does not have specialized knowledge or experience, commonly known or reasonably ascertainable information regarding the Site, or other information that is material to Recognized Environmental Conditions. The anticipated purchase price of the Site reportedly reflects fair market value and is not believed by TTLC Management to have been lowered due to contamination. , such information should be provided to , such information should be provided to the Environmental Professional. This information includes: 1) specialized knowledge or the Environmental Professional. This information includes: 1) specialized knowledge or experience of the User, 2) commonly known or reasonably ascertainable information within the experience of the User, 2) commonly known or reasonably ascertainable information within the local community, and 3) knowledge that the purchase price of the local community, and 3) knowledge that the purchase price of the Site Site is lower than the fair is lower than the fair market value due to contamination. A search of title records for environmental liens and activity market value due to contamination. A search of title records for environmental liens and activity ENVIRONMENTAL LIENS OR ACTIVITY AND USE ENVIRONMENTAL LIENS OR ACTIVITY AND USE LIMITATIONSLIMITATIONS An environmental lien is a financial instrument that may be used to recover past environmental An environmental lien is a financial instrument that may be used to recover past environmental cleanup costs. Activity and use limitations (AULs) include other environmental encumbrances, cleanup costs. Activity and use limitations (AULs) include other environmental encumbrances, such as institutional and engineering controls. Institutional controls (ICs) are legal or regulatory such as institutional and engineering controls. Institutional controls (ICs) are legal or regulatory restrictions on a property’s use, while engineering controls (ECs) are physical mechanisms that restrictions on a property’s use, while engineering controls (ECs) are physical mechanisms that The regulatory agency database report described in Section 4.1 did not identify the Site as The regulatory agency database report described in Section 4.1 did not identify the Site as being in 1) US EPA databases that list properties subject to land use restrictions (being in 1) US EPA databases that list properties subject to land use restrictions ( engineering and institutional controls) or Federal Superfund Liens or 2) lists maintained by the engineering and institutional controls) or Federal Superfund Liens or 2) lists maintained by the California Department of Toxic Substances Control (DTSC) of properties that are subject to California Department of Toxic Substances Control (DTSC) of properties that are subject to AULs or environmental liens where the DTSC is a lien holder. AULs or environmental liens where the DTSC is a lien holder. categorizes the requirement to conduct a search for categorizes the requirement to conduct a search for AULs as a User responsibility. AULs as a User responsibility. A Preliminary A Preliminary Title Title Report by First AmericanReport by First American provided for our review (provided for our review (Appendix Appendix F). No environmental liens or records of ownership No environmental liens or records of ownership (including leases) indicative of significant hazardous materials use associated with the Site were (including leases) indicative of significant hazardous materials use associated with the Site were listed in the title report.listed in the title report. SPECIALIZED KNOWLEDGESPECIALIZED KNOWLEDGE ASCERTAINABLE INFORMATIONASCERTAINABLE INFORMATION