Phase I Environmental Site Assessment Of

PHASE I ENVIRONMENTAL SITE ASSESSMENT OF

VACANT LAND 101 UPTON ROAD ORINDA, CONTRA COSTA COUNTY, CALIFORNIA 94563

DGC PROJECT NO. 09.10080.0001

MARCH 6, 2009

PREPARED BY:

DIABLO GREEN CONSULTING INC. 231 MARKET PLACE #186 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 846‐9800 FAX: (925) 397‐3051

PREPARED FOR:

MR. FORREST WESTIN AGEMARK ADDRESS2614 TELEGRAPH AVENUE BERKELEY, CALIFORNIA 94704 TELEPHONE: (510) 548‐6600 FACSIMILE: (510) 548‐8880 ELECTRONIC MAIL: [email protected]

March 6, 2009

Mr. Forrest Westin Agemark 2614 Telegraph Avenue Berkeley, CA 94704

RE: ASTM E 1527‐05 Phase I Environmental Site Assessment Vacant Land 101 Upton Road Orinda, Contra Costa County, California 94563 Project No. 09.10080.0001

Dear Mr. Westin:

Diablo Green Consulting Inc. (DGC) is pleased to provide the results of our Phase I Environmental Site Assessment of the vacant land parcel at 101 Upton Road in Orinda, Contra Costa County, California. This assessment was authorized on February 15, 2009, and performed in general accordance with ASTM E 1527‐05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process.

This assessment included a site reconnaissance as well as research and interviews with representatives of the public, property ownership, site manager, and regulatory agencies. An assessment was made, conclusions stated, and recommendations outlined.

We appreciate the opportunity to provide environmental services to Agemark. If you have any questions concerning this report, or if we can assist you in any other matter, please contact Ms. Holly Moore at (925) 846‐9800 or via electronic mail at [email protected].

Very truly yours, DIABLO GREEN CONSULTING INC.

Holly D. Moore William Mitchell REA No. 07975 PG No. 6372, REA No. 02451 Professional Assessor Senior Reviewer Environmental Professional Environmental Professional

PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY ______1 1.1 General Information ______1 1.2 Property Summary ______2 1.3 Findings and Conclusions ______2 1.4 Significant Data Gap Summary ______3 1.5 Recommendations ______4 2.0 INTRODUCTION ______5 2.1 Purpose ______5 2.2 Scope ______5 2.3 Significant Assumption ______6 2.4 Limitations and Exceptions ______6 2.5 Special Terms and Conditions (User Reliance) ______8 3.0 SITE DESCRIPTION ______9 3.1 Location and Legal Description ______9 3.2 Surrounding Area General Characteristics ______10 3.3 Current Use of the Property ______10 3.4 Description of Property Improvements ______10 3.5 Current Uses of Adjoining Properties ______11 4.0 User PROVIDED information ______12 4.1 Title Records ______12 4.2 Environmental Liens or Activity and Use Limitations (AULs) ______12 4.3 Specialized Knowledge ______12 4.4 Significant Valuation Reduction for Environmental Issues ______13 4.5 Owner, Property Manager and Occupant Information ______13 4.6 Reason for Performing Phase I ESA ______13 4.7 Other User Provided Documents ______13 5.0 RECORDS REVIEW ______14 5.1 Standard Environmental Records ______14 5.1.1 Federal Agency Database Findings ______15 5.1.2 State and Tribal Database Findings ______15 5.1.3 Local Environmental Records Sources ______17 5.2 Physical Setting Sources ______19

Project No. 09.10080.0001 i Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

5.2.1 Topography ______19 5.2.2 Geology ______19 5.2.3 Soils ______19 5.2.4 Hydrology ______20 5.2.5 Oil and Gas Exploration ______21 5.2.6 Mining Activities ______21 5.2.7 Other Physical Setting Sources ______21 5.3 Historical Records Sources ______21 5.3.1 Aerial Photographs ______22 5.3.2 Fire Insurance Maps ______23 5.3.3 Property Tax Files ______23 5.3.4 Recorded Land Title Records ______24 5.3.5 Historical USGS Topographic Quadrangles ______24 5.3.6 City Directories ______24 5.3.7 Building Department Records ______25 5.3.8 Zoning/Land Use Records ______25 5.3.9 Prior Reports ______25 5.3.10 Other Historical Sources ______25 5.4 Data Failure ______25 6.0 SITE RECONNAISSANCE ______27 6.1 Methodology and Limiting Conditions ______27 6.2 Hazardous Substance Use, Storage, and Disposal ______27 6.3 Underground Storage Tanks (USTs) ______27 6.4 Aboveground Storage Tanks (ASTs) ______27 6.5 Other Petroleum Products ______27 6.6 Polychlorinated Biphenyls (PCBs) ______27 6.7 Unidentified Substance Containers ______27 6.8 Odors and Pools of Liquid ______28 6.9 Nonhazardous Solid Waste ______28 6.10 Wastewater ______28 6.11 Waste Pits, Ponds and Lagoons ______28 6.12 Sumps ______28 6.13 Septic Systems ______28 6.14 Stormwater Management System ______28 6.15 Wells ______28 6.16 Electromagnetic Fields (EMFs) ______28 6.17 Pesticides and Herbicides ______29 7.0 INTERVIEWS ______30

Project No. 09.10080.0001 ii Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

7.1 Interview with Owner ______30 7.2 Key Site Manager ______30 7.3 Current and Past Occupants ______30 7.4 Local Government Officials ______31 7.5 Others ______31 8.0 OTHER ENVIRONMENTAL CONDITIONS ______32 8.1 Asbestos‐Containing Material (ACM) ______32 8.2 Radon ______32 8.3 Lead in Drinking Water ______33 8.4 Lead‐Based Paint (LBP) ______33 8.5 High Voltage Power Lines ______33 8.6 Additional User Requested Conditions ______33 9.0 DEVIATIONS ______34 10.0 REFERENCES ______35 11.0 APPENDICES ______37

APPENDIX A SITE VICINITY MAP APPENDIX B SITE PLAN APPENDIX C SITE PHOTOGRAPHS APPENDIX D USER PROVIDED DOCUMENTATION APPENDIX E REGULATORY DATABASE REPORT APPENDIX F AERIAL PHOTOGRAPHS APPENDIX G HISTORICAL RESEARCH DOCUMENTATION APPENDIX H PRIOR REPORTS APPENDIX I RESUMES APPENDIX J RECORDS OF COMMUNICATION APPENDIX K LABORATORY REPORTS APPENDIX L OTHER SUPPORTING DOCUMENTATION APPENDIX M TERMINOLOGY

Project No. 09.10080.0001 iii Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

1.0 EXECUTIVE SUMMARY

1.1 General Information

Site Information: Vacant Land 101 Upton Road Orinda, California 94563 Contra Costa County

Site Access Contact: Rick Booth Broker Associate Coldwell Banker Telephone: (925) 253‐6347 Mobile: (925) 212‐8869

Reconnaissance Date: February 19, 2009

Consultant Information: Diablo Green Consulting Inc. 231 Market Place #186 San Ramon, California 94583 Telephone: (925) 846‐9800 Fax: (925) 397‐3051

Client Information: Mr. Forrest Westin Agemark 2614 Telegraph Avenue Berkeley, CA 94704

Environmental Professional Statement: We declare that, to the best of our professional knowledge and belief, we meet the definition of Environmental Professional as defined in § 312.10 of 40 CFR 312. We have the specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. We have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.

Holly D. Moore REA No. 07975 Senior Project Manager / Site Assessor / Environmental Professional

Project No. 09.10080.0001 1 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

William A. Mitchell PG 6372 REA No. 02451 Environmental Professional / Project Geologist / Senior Reviewer

1.2 Property Summary

Diablo Green Consulting Inc. (DGC) has performed a Phase I Environmental Site Assessment (ESA) for the vacant land property at 101 Upton Road in Orinda, Contra Costa County, California (the “property”) in general accordance with the agreed scope of work. Unless otherwise agreed, the work is governed by provisions of ASTM E 1527‐05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process in order to identify recognized environmental conditions (RECs) associated with the property. This Executive Summary is intended to provide a brief overview of the assessment and findings. A more complete understanding of this assessment can only be achieved by review of the entire report.

The property is currently an undeveloped, vacant piece of land, located south of Highway 24 in Orinda, California. The Property is south of Highway 24 between the Caldecott Tunnel and the downtown Orinda exit from Highway 24. The property is located at the intersection of Gateway Boulevard and Upton Road. The property is covered with grasses and weeds, and no evidence of development on the parcel was noted during the property inspection.

No significant current or historical use, storage, disposal or release of hazardous substances was identified as a result of the assessment. Further, no regulatory information was found to indicate current or past environmentally‐related permits, release, or other issues of concern at the surrounding sites.

1.3 Findings and Conclusions

Diablo Green Consulting Inc. (DGC) has performed this Phase I Environmental Site Assessment (ESA) in conformance with the scope and limitations of ASTM Standard Practice E 1527‐05. Any exceptions to, or deletions from, this practice are described in Section 2.0 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the property.

Project No. 09.10080.0001 2 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

FINDINGS AND CONCLUSTIONS SUMMARY Report Section No De Recognized Historical ASTM Description Further Minimis Environmental REC Non‐ Action Condition Condition (REC) Scope Condition 5.1.3 Local Environmental Record Sources 5.3 Historical Records Sources 5.3.4 Recorded Land Title Records 6.2 Hazardous Substance Use, Storage and Disposal 6.3 Underground Storage Tanks 6.4 Aboveground Storage Tanks 6.5 Other Petroleum Products 6.6 Polychlorinated Biphenyls (PCBs) 6.7 Unidentified Substance Containers 6.8 Odors and Pools of Liquid 6.9 Nonhazardous Solid Waste 6.10 Wastewater 6.11 Waste Pits, Ponds and Lagoons 6.12 Sumps 6.13 Septic Systems 6.14 Stormwater Management System 6.15 Wells 6.16 Electromagnetic Fields 6.17 Pesticides and Herbicides 7.0 Interviews 8.1 Asbestos‐Containing Material (ACM) 8.2 Radon 8.3 Lead in Drinking Water 8.4 Lead‐Based Paint (LBP) 8.5 High Voltage Power Lines 8.6 Additional User Requested Conditions

1.4 Significant Data Gap Summary

The following is a summary of significant data gaps identified in this report.

SIGNIFICANT DATA GAP SUMMARY Report Section Description 3.5 Current Uses of Adjoining Properties No significant data gaps identified. 4.2 Environmental Liens or Activity and Use No significant data gaps identified. Limitations (AULs) 5.1 Standard Environmental Records No significant data gaps identified. 5.2 Physical Setting Sources No significant data gaps identified. 5.3 Historical Records Sources No significant data gaps identified.

Project No. 09.10080.0001 3 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

SIGNIFICANT DATA GAP SUMMARY Report Section Description 6.1 Methodology and Limiting Conditions No significant data gaps identified. 7.0 Interviews No significant data gaps identified.

1.5 Recommendations

The property is located in an area that has reportedly been covered with fill. Based on the recommendation of the client, DGC interviewed Mr. Shaun Munger with Engeo Inc. (Engeo) of San Ramon, California. Engeo completed a Phase I ESA at the adjacent property to the east (Wilder Ranch). According to Mr. Munger, at the time of the ESA, the East Bay Municipal Utilities District (EBMUD) reported that the parcel had been used for placement of fill materials during construction of the third bore of the Caldecott Tunnel. Mr. Munger could not confirm if fill was placed on the property itself. No soil sampling was completed following the investigation. Mr. Munger stated that soil sampling was completed at a property across Highway 24, north of the property, and not on or adjacent to the property itself.

Per the request of the client, soil samples were collected from the property on March 2, 2009, in order to establish the content of the soils underlying the site. On March 2, 2009, Geocon Consultants (Geocon) collected three surface soil samples (UR‐1, UR‐2, and UR‐3) at the property. The samples were collected to assess California Assessment Manual (CAM) 17 metals concentrations in the soils at the property. The CAM17 metals concentrations in soil were compared to the Regional Water Quality Control Board – San Francisco Bay Region’s (RWQCB) Tier 1 environmental screening levels (ESLs) and the California Human Health Screening Levels (CHHSLs) for shallow soils at residential sites. A comparison of these screening levels with the sample results reported from UR‐1 through UR‐3 (2.6 to 4.4 milligrams per kilogram – mg/kg) indicates that arsenic exceeded the RWQCB’s Tier 1 ESL and the CHHSL, and vanadium (33 to 43 mg/kg) exceeded the CHHSL. According to Geocon, “Although the arsenic and vanadium concentrations in UR‐1 through UR‐3 exceeded these respective screening levels the reported concentrations were within expected background concentration ranges for California soils.” Further, “According to the publication Background Concentrations of Trace and Major Elements in California Soils (Kearney Foundation of Soil Science, Division of Agriculture and Natural Resources, University of California, March 1996), typical arsenic concentrations in California soils range from 0.6 to 11.0 mg/kg with a mean concentration of 3.5 mg/kg, and vanadium concentrations in California soils range from 39 to 288 mg/kg with a mean concentration of 112 mg/kg.” Further evaluation of the soils at the property does not appear to be warranted at this time.

Based on information collected from the Phase I ESA, DGC offers no recommendations for further action at this time.

Project No. 09.10080.0001 4 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

2.0 INTRODUCTION

2.1 Purpose

The purpose of this Phase I ESA was to identify recognized environmental conditions and certain potential environmental conditions outside the scope of ASTM Standard Practice E 1527‐05 in connection with the property at the time of the site reconnaissance. This report documents the findings, opinions and conclusions of the Phase I ESA.

2.2 Scope

This Phase I ESA was conducted in accordance with the ASTM Standard Practice E 1527‐05, consistent with a level of care and skill ordinarily practiced by the environmental consulting profession currently providing similar services under similar circumstances. Significant additions, deletions or exceptions to ASTM Standard Practice E 1527‐05 are noted below or in the corresponding sections of this report. The scope of this assessment included an evaluation of the following:

• Physical setting characteristics of the property through a review of referenced sources such as topographic maps and geologic, soils and hydrologic reports.

• Usage of the property, adjoining properties and surrounding area through a review of referenced historical sources such as land title records, fire insurance maps, city directories, aerial photographs, prior reports and interviews.

• Observations and interviews regarding current property usage and conditions including: the use, treatment, storage, disposal or generation of hazardous substances, petroleum products, hazardous wastes, nonhazardous solid wastes and wastewater.

• Usage of adjoining and surrounding area properties and the likely impact of known or suspected releases of hazardous substances or petroleum products from those properties on the property.

• Information in referenced environmental agency databases and local environmental records, within the specified approximate minimum search distance from the property.

The scope of the assessment also included consideration of the following environmental issues or conditions that are beyond the scope of ASTM Standard Practice E 1527‐05:

• Asbestos‐containing material (ACM), consisting of providing an opinion on the condition of suspect ACM on the property based upon visual observation during the site reconnaissance.

• Radon, consisting of the review of published radon data with regard to the potential for elevated levels of radon gas in the surrounding area of the property.

• Lead in drinking water, consisting of contacting the water supplier for information regarding whether or not the potable water provided to the property meets or exceeds drinking water standards for lead.

Project No. 09.10080.0001 5 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

• Lead‐based paint (LBP), consisting of providing an opinion on the potential for LBP based on the construction date of buildings on the property and visual observation of the condition of suspect LBP.

• Wetlands, consisting of a review of a current National Wetlands Inventory map of the surrounding area to note if the property is identified as having a wetland.

• Flood plain, consisting of a review of a reasonably ascertainable flood plain map of the surrounding area to note if the property is identified as being located within a flood plain.

2.3 Significant Assumption

Any assumptions in this report were not considered as having significant impact on the determination of recognized environmental conditions associated with the property.

2.4 Limitations and Exceptions

DGC has prepared this Phase I ESA report using reasonable efforts to identify recognized environmental conditions associated with hazardous substances or petroleum products at the property. Findings contained within this report are based on information collected from observations made on the day(s) of the site reconnaissance and from reasonably ascertainable information obtained from certain public agencies and other referenced sources.

The ASTM Standard Practice E 1527‐05 recognizes inherent limitations for Phase I ESAs, including, but not limited to:

• Uncertainty Not Eliminated – A Phase I ESA cannot completely eliminate uncertainty regarding the potential for recognized environmental conditions in connection with any property.

• Not Exhaustive – A Phase I ESA is not an exhaustive investigation of the property and environmental conditions on such property.

• Past Uses of the Property – Phase I requirements only require review of standard historical sources at five year intervals. Therefore, past uses of property at less than five year intervals may not be discovered.

Users of this report may refer to ASTM Standard Practice E 1527‐05 for further information regarding these and other limitations. This report is not definitive and should not be assumed to be a complete and/or specific definition of all conditions above or below grade. Current subsurface conditions may differ from the conditions determined by surface observations, interviews and reviews of historical sources. The most reliable method of evaluating subsurface conditions is through intrusive techniques, which are beyond the scope of this report. Information in this report is not intended to be used as a construction document and should not be used for demolition, renovation, or other property construction purposes. Any use of this report by any party, beyond the scope and intent of the original parties, shall be at the sole risk and expense of such user.

Project No. 09.10080.0001 6 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

DGC makes no representation or warranty that the past or current operations at the property are, or have been, in compliance with all applicable federal, state and local laws, regulations and codes. This report does not warrant against future operations or conditions, nor does it warrant against operations or conditions present of a type or at a location not investigated. Regardless of the findings stated in this report, DGC is not responsible for consequences or conditions arising from facts not fully disclosed to DGC during the assessment.

An independent data research company provided the government agency database referenced in this report. Information on surrounding area properties was requested for approximate minimum search distances and is assumed to be correct and complete unless obviously contradicted by DGC’s observations or other credible referenced sources reviewed during the assessment. DGC shall not be liable for any such database firm’s failure to make relevant files or documents properly available, to properly index files, or otherwise to fail to maintain or produce accurate or complete records.

DGC used reasonable efforts to identify evidence of aboveground and underground storage tanks and ancillary equipment on the property during the assessment. “Reasonable efforts” were limited to observation of accessible areas, review of referenced public records and interviews. These reasonable efforts may not identify subsurface equipment or evidence hidden from view by things including, but not limited to, snow cover, paving, construction activities, stored materials and landscaping.

Any estimates of costs or quantities in this report are approximations for commercial real estate transaction due diligence purposes and are based on the findings, opinions and conclusions of this assessment, which are limited by the scope of the assessment, schedule demands, cost constraints, accessibility limitations and other factors associated with performing the Phase I ESA. Subsequent determinations of costs or quantities may vary from the estimates in this report. The estimated costs or quantities in this report are not intended to be used for financial disclosure related to the Financial Accounting Standards Board (FASB) Statement No. 143, FASB Interpretation No. 47, Sarbanes/Oxley Act or any United States Securities and Exchange Commission reporting obligations, and may not be used for such purposes in any form without the express written permission of DGC.

DGC is not a professional title insurance or land surveyor firm and makes no guarantee, express or implied, that any land title records acquired or reviewed in this report, or any physical descriptions or depictions of the property in this report, represent a comprehensive definition or precise delineation of property ownership or boundaries.

The Environmental Professional Statement in Section 1.1 of this report does not “certify” the findings contained in this report and is not a legal opinion of such Environmental Professional. The Environmental Professional Statement is intended to document DGC’s opinion that an individual meeting the qualifications of an Environmental Professional was involved in the performance of the assessment and that the activities performed by, or under the supervision of, the Environmental Professional were performed in conformance with the standards and practices set forth in 40 CFR Part 312 per the methodology in ASTM Standard Practice E 1527‐05 and the scope of work for this assessment.

Per ASTM Standard Practice E 1527‐05, Section 6, User Responsibilities, the User of this assessment has specific obligations for performing tasks during this assessment that will help identify the possibility of recognized environmental conditions in connection with the property. Failure by the User to fully comply

Project No. 09.10080.0001 7 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California with the requirements may impact their ability to use this report to help qualify for Landowner Liability Protections (LLPs) under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). DGC makes no representations or warranties regarding a User’s qualification for protection under any federal, state or local laws, rules or regulations.

In accordance with the ASTM Standard Practice E 1527‐05, this report is presumed to be valid for a six month period. If the report is older than six months, the following information must be updated in order for the report to be valid: (1) regulatory review, (2) site visit, (3) interviews, (4) specialized knowledge and (5) environmental liens search. Reports older than one year may not meet the ASTM Standard Practice 1527‐05 and therefore, the entire report must be updated to reflect current conditions and property‐specific information.

Other limitations and exceptions that are specific to the scope of this report may be found in corresponding sections.

2.5 Special Terms and Conditions (User Reliance)

This report is for the use and benefit of, and may be relied upon by Agemark and any of its affiliates, and third parties authorized in writing by Agemark and DGC, including potential buyers and their lender(s) in connection with a secured financing of the property, and their respective successors and assigns. Any third party agrees by accepting this report that any use or reliance on this report shall be limited by the exceptions and limitations in this report, and with the acknowledgment that actual site conditions may change with time, and that hidden conditions may exist at the property that were not discovered within the authorized scope of the assessment.

DGC makes no other representation to any third party except that it has used the degree of care and skill ordinarily exercised by environmental consultants in the preparation of the report and in the assembling of data and information related thereto. No other warranties are made to any third party, either express or implied. Unless otherwise agreed upon in writing by DGC and a third party, DGC’s liability to any third party authorized to use or rely on this report with respect to any acts or omissions shall be limited to a maximum of $50,000.00.

Project No. 09.10080.0001 8 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

3.0 SITE DESCRIPTION

3.1 Location and Legal Description

The property address is 101 Upton Road in Orinda, Contra Costa County, California. A Site Vicinity Map is provided in Appendix A, a Site Area Plan is included in Appendix B, and Site Photographs are included within Appendix C.

According to the Contra Costa County Assessor’s Office (February 24, 2009 telephone conversation), the property is referenced as Assessor’s Parcel Number (APN) 273‐160‐009‐0. The property is approximately 1.174 acres in size and is owned by Debbie Ashley (60% ownership) and Kim Williams (40% ownership). According to the Contra Costa County Assessor’s Office, they have owned the property since a Proposition 58 / Parent‐Child Exclusion transfer of the property from their father, William Larry Crowder, which occurred on November 20, 2008.

DGC further reviewed the First American Title Company “Preliminary Report” for the property, dated February 9, 2009. The title report indicated the following ownership of the property:

DEBBIE LUCILLE ASHLEY, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, AS TO AN UNDIVIDED 30% INTEREST; KIM WILLIAMS, AN UNMARRIED MAN, AS TO AN UNDIVIDED 40% INTEREST; MARK BALDWIN, SR., AS TO AN UNDIVIDED 10% INTEREST; SUSAN REID, AS TO AN UNDIVIDED 10% INTEREST; AND CHERYL GIFFORD, AS TO AN UNDIVIDED 10% INTEREST

A document was recorded November 20, 2008, conveying the land from Susan Reid, Cheryl Gifford and Mark Baldwin Sr., Tenants in Common, to Debbie Ashley. The legal description for the property, as provided in the Preliminary Title report, is as follows:

Real property in the City of ORINDA, County of CONTRA COSTA, State of CALIFORNIA, described as follows:

A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN PARCEL 1 OF STATE DEED NO. 11525 (11526) TO THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 6, 1967, IN BOOK 5447, AT PAGE 106, OFFICIAL RECORDS OF CONTRA COSTA COUNTY, SAID PORTION BEING DESCRIBED AS FOLLOWS:

COMMENCING AT A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL 1, AS SAID PARCEL IS SHOWN ON SHEET 3 OF THAT CERTAIN SET OF MAPS OF 23 SHEETS ENTITLED, "RELINQUISHMENT IN THE COUNTY OF CONTRA COSTA", FILED AUGUST 29, 1975, IN STATE HIGHWAY MAP BOOK NO. 7, PAGES 1 THROUGH 23, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, SAID POINT BEING DISTANT THEREON N. 25°19’20" E., 104.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, FROM A TANGENT THAT BEARS S. 64°40’40" E., ALONG A CURVE TO THE LEFT WITH A RADIUS OF 7.00 FEET, THROUGH AN ANGLE OF 90°00’00", AN ARC LENGTH OF 11.00 FEET, N. 25°19’20" E. 249.52 FEET AND ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1030.00 FEET, THROUGH AN ANGLE OF 6°47’17", AN ARC LENGTH OF 122.03 FEET, THENCE N.

Project No. 09.10080.0001 9 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

57°53’23" W., 59.08 FEET; THENCE S. 56°28’53" W., 255.54 FEET; THENCE S. 4°24’16" W., 178.32 FEET, THENCE S. 64°40’40" E., 113.00 FEET TO THE POINT OF COMMENCEMENT.

3.2 Surrounding Area General Characteristics

The area of the property is generally undeveloped or developed for residential purposes. Highway 24 (Grove Shafter Freeway) is located immediately north of the property. No recognized environmental conditions were observed at the surrounding properties during the property inspection.

3.3 Current Use of the Property

The property is covered with grasses and weeds, and no evidence of development on the parcel was noted during the property inspection.

3.4 Description of Property Improvements

The following table provides general descriptions of the property improvements.

PROPERTY IMPROVEMENTS Size of Property (approximate) 1.174 acres General Topography of Property Generally southwest sloping Adjoining and/or Access/Egress Roads Upton Road to the southeast Paved or Concrete Areas (including parking) None Unimproved Areas The entire parcel is unimproved Landscaped Areas None Surface Water None Potable Water Source Not connected to utilities Sanitary Sewer Utility Not connected to utilities Storm Sewer Utility Not connected to utilities Electrical Utility Pacific Gas & Electric Company (PG&E) provides electrical utilities in the area; overhead power lines were noted along the southern side of the property. It is presumed that no lines are connected to the property since there are no structures. Natural Gas Utility PG&E provides natural gas utilities in the area. It is presumed that no connections have been made to the property since there are no structures. Current Occupancy Status Not Applicable Unoccupied Buildings/Spaces/Structures Not Applicable Number of Occupied Buildings Not Applicable General Building Description Not Applicable Number of Floors Not Applicable Total Square Feet of Space (approximate) Not Applicable

Project No. 09.10080.0001 10 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

PROPERTY IMPROVEMENTS Construction Completion Date (year) Not Applicable Construction Type Not Applicable Interior Finishes Description Not Applicable Exterior Finishes Description Not Applicable Cooling System Type Not Applicable Heating System Type Not Applicable Emergency Power Not Applicable

3.5 Current Uses of Adjoining Properties

Current uses of the adjoining properties were observed to be as follows:

North – Highway on‐ramp followed by Highway 24. DGC observed a telecommunications equipment compound and telecommunications antennas mounted on an adjacent power pole to the northeast of the site, along Upton Road. It is presumed that this telecommunications site provides coverage to Highway 24.

East – Upton Road followed by the Wilder Ranch House and a residential housing development that is currently under construction. Roads are currently being graded to the east for this development.

South – Upton Road and Gateway Boulevard intersection, beyond was undeveloped land.

West – On‐ramp to Highway 24 and Gateway Boulevard.

No environmental concerns were noted in conjunction with the surrounding properties and none of the surrounding sites were listed in the Environmental Data Resources, Inc. (EDR) regulatory database report. A copy of the EDR report is included in Appendix E.

Project No. 09.10080.0001 11 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

4.0 USER PROVIDED INFORMATION

The following section summarizes information (if any) provided by the client (User) with regard to the Phase I ESA. Documentation may be found in Appendix D or where referenced in this report.

4.1 Title Records

DGC obtained title records information from User. A detailed discussion of the review of records is found in Section 5.3.4 of this report.

4.2 Environmental Liens or Activity and Use Limitations (AULs)

User provided no information regarding property environmental liens or activity and use limitations.

DGC further reviewed the First American Title Company “Preliminary Report” for the property, dated February 9, 2009. The title report indicated the following ownership of the property:

A document was recorded November 20, 2008, conveying the land from Susan Reid, Cheryl Gifford and Mark Baldwin Sr., Tenants in Common, to Debbie Ashley.

No information was reviewed indicating that AULs or environmental liens exist for the property.

4.3 Specialized Knowledge

User provided no specialized knowledge regarding recognized environmental conditions associated with the property. According to Mr. Forrest Westin of Agemark, the property was sold by CalTrans in 1979 and the site is comprised of fill. Mr. Westin stated that the fill “is from the debris of building Highway 24 and the Caldecott Tunnel.” According to Mr. Westin, Agemark has spoken with the developers of Wilder, located east of the property, “and they experienced no environmental contaminants on their land.”

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Mr. Westin referred DGC to Mr. Shaun Munger with Engeo Inc. (Engeo) of San Ramon, California. Engeo completed a Phase I ESA at the adjacent property to the east (Wilder Ranch). According to Mr. Munger, at the time of the ESA, the East Bay Municipal Utilities District (EBMUD) reported that the parcel had been used for placement of fill materials during construction of the third bore of the Caldecott Tunnel. Mr. Munger could not confirm if fill was placed on the property itself. No soil sampling was completed following the investigation. Mr. Munger stated that soil sampling was completed BY Engeo at a property across Highway 24, north of the property.

4.4 Significant Valuation Reduction for Environmental Issues

User provided no information regarding a significant valuation reduction for environmental issues associated with the property.

4.5 Owner, Property Manager and Occupant Information

User referred DGC to Mr. Rick Booth, real estate agent for the property with Coldwell Banker in Orinda, California to obtain copies of title documents for the property. Since the property is undeveloped, site access was achieved via a pedestrian walk of the area of the property and the property surface itself, which was accessed through fencing on the property.

4.6 Reason for Performing Phase I ESA

The purpose of a Phase I ESA is to qualify for CERCLA liability protection for releases or threatened releases of hazardous substances. As noted within the United States Environmental Protection Agency (EPA) Standards and Practices for All Appropriate Inquiries: Final Rule, “Under section 101(35)(B) of CERCLA, as amended by the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107– 118, 115 stat. 2356, ‘”the Brownfields Amendments’’) such persons and businesses are required to conduct all appropriate inquiries prior to or on the date on which the property is acquired. Prospective landowners who do not conduct all appropriate inquiries prior to or on the date of obtaining ownership of the property may lose their ability to claim protection from CERCLA liability as an innocent landowner, bona fide prospective purchaser, or contiguous property owner.”

User indicated that this Phase I ESA was performed for due diligence purposes in conjunction with a proposed financial transaction.

4.7 Other User Provided Documents

User provided no other documents as described in the ASTM Standard Practice E 1527‐05.

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5.0 RECORDS REVIEW

5.1 Standard Environmental Records

The regulatory agency database report discussed in this section, provided by Environmental Data Resources, Inc. (EDR) of Milford, Connecticut, was reviewed for information regarding reported releases of hazardous substances and petroleum products on or near the property. DGC also reviewed the “unmappable” (also referred to as “orphan”) listings within the database report, cross‐referencing available address information and facility names. Unmappable sites are listings that could not be plotted with confidence, but are potentially in the general area of the property based on the partial street address, city, or zip code. Any unmappable site that was identified by DGC as a being within the approximate minimum search distance from the property based on the site reconnaissance and/or cross‐referencing to mapped listings, is included in the discussion within this section. The complete regulatory agency database report may be found in Appendix E.

The following is a summary of the findings of the database review.

SUMMARY OF FEDERAL, STATE AND TRIBAL DATABASE FINDINGS Regulatory Database Approx. Minimum Property # Sites Search Distance Listed? Listed Federal National Priority List (NPL) 1 mile No 0 Federal Resource Conservation and Recovery Act 1 mile No 0 (RCRA), Corrective Action facilities (CORRACTS) Federal Delisted NPL 1 mile No 0 Proposed NPL 1 mile No 0 Department of Defense (DOD) 1 mile No 0 Federal Comprehensive Environmental Response, ½ mile No 0 Compensation, and Liability Information System (CERCLIS) list Federal CERCLIS No Further Remedial Action Planned ½ mile No 0 (NFRAP) Federal RCRIS non‐ CORRACTS Treatment, Storage, ½ mile No 0 and Disposal Facilities (TSD) Federal RCRA Generators Property & Adjoining No 0 Federal Institutional Control/Engineering Control Property No 0 Registry Federal Emergency Response Notification System Property No 0 (ERNS) list State and Tribal NPL 1 mile No 0 Notify 65 1 mile No 0 State and Tribal Brownfield Sites (ENVIROSTOR and 1 mile No 0 DEED) DTSC State Response Sites (RESPONSE) 1 mile No 0 State and Tribal CERCLIS (ENVIROSTOR) 1 mile No 1 Department of Conservation Recycler Database ½ mile No 0 (SWRCY)

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SUMMARY OF FEDERAL, STATE AND TRIBAL DATABASE FINDINGS Regulatory Database Approx. Minimum Property # Sites Search Distance Listed? Listed State and Tribal Landfill or Solid Waste Disposal Sites ½ mile No 0 State and Tribal Leaking Underground Storage Tanks ½ mile No 0 (LUST) California Environmental Protection Agency ½ mile No 0 “Cortese” Hazardous Waste and Substances Site List (Cortese) State Water Resources Control Board Waste ½ mile No 0 Management Unit Database (WMUDS/SWAT) State and Tribal Voluntary Cleanup Site ½ mile No 1 California Regional Water Quality Control Board ½ mile No 0 Spills, Leaks, Investigations and Cleanups (SLIC) California Facility Inventory Database (CA FID UST) Property & Adjoining No 0 State Water Resources Control Board Hazardous Property & Adjoining No 0 Substance Storage Container Database (HIST UST) Statewide Environmental Evaluation and Planning Property & Adjoining No 0 System (SWEEPS UST) State and Tribal Registered Underground Storage Property & Adjoining No 0 Tanks (UST) State and Tribal Institutional Control/Engineering Property No 0 Control Registry California Environmental Protection Agency Facility Property No 0 and Manifest Data (HAZNET) Emissions Inventory (EMI) / AIRS Property No 0

Based on the topography in the area, groundwater is anticipated to follow the topographic gradient to the southwest. Therefore, properties to the northeast of the property are considered to be upgradient to the property with respect to the presumed direction of groundwater flow.

5.1.1 Federal Agency Database Findings

No sites were identified in the federal agency databases reviewed within the ASTM search radii.

5.1.2 State and Tribal Database Findings

The following listing(s) with a known or significant potential for release and impact on the property were identified in the state and tribal databases searched:

Gateway Valley Upton Road Databases: VCP, Envirostor Approximate Distance from the Property: At least 2,000 feet southeast Assumed Groundwater Gradient: Higher elevation, upgradient Regulatory Data Summary: DGC reviewed applicable data for this site as obtained from the Department of Toxic Substances Control (DTSC) EnviroStor web site

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(http://www.envirostor.dtsc.ca.gov/public/). According to the DTSC, the Gateway Valley is a Voluntary Cleanup site consisting of site mitigation for lead in the soils. The Gateway Valley project is approximately 978 acres in size and “is a large undeveloped area used mainly for cattle grazing.” Within the acreage, “four fill areas, approximately 4 acres each, were identified as containing construction and household debris.” As of December 1997, the DTSC verified that “confirmation sampling demonstrated the site was remediated to residential levels.”

DGC further reviewed the DTSC map for the site, which shows the site to be located south on Upton Road from the property at least 2,000‐3,000 feet, near Castlegate.

DGC interviewed Ms. Virginia Lasky with the DTSC via telephone on February 26, 2008. Ms. Lasky referred DGC to the Removal Action Workplan (RAW) for the Gateway Valley site in order to determine the parcel numbers impacted. The RAW, dated September 10, 1997 and prepared by Treadwell & Rollo, the impacted area includes APN 273‐160‐008. The Site Location Map for the Gateway Valley site included areas immediately to the east of the property, across Upton Road, and was not inclusive of the property itself. Ms. Lasky stated that the impacted areas with contaminated soils were located along the upper areas of Upton Road in an area of a former municipal landfill. Ms. Lasky stated that areas closer to the highway, such as the property, would not have been impacted by the landfill activities.

According to the DTSC “Removal Action Certification Form”, dated December 1997, Kaiser Industries owned the Gateway Valley site from approximately 1940 to 1978. Between 1944 and 1954, “the quarry area (location of fill area 1) was operated by Kaiser Industries. In 1978, a portion of the property was purchased by a Mr. Edward Daly and later sold to Pacific New Wave Corporation. a California Corporation, Southwest Diversified, in 1996, which acquired the property for development purposes. The cleanup action consists of excavation and disposal of soil above the cleanup level for lead (400 ppm [parts per million]) and PCBs (1 ppm).” According to the DTSC, the Removal Action at this site “consisted of excavating and disposing offsite soils containing lead and PCBs above the cleanup level of 400 mg/kg [milligrams per kilogram] and 1 mg/kg, respectively.”

DGC further reviewed the “Negative Declaration” for the Removal Action at the Gateway Valley site (date unavailable), prepared by the DTSC. According to the Negative Declaration, “A groundwater quality investigation below Fill Area No. 1 was recently completed. The analytical results indicate that the groundwater is of good quality and has apparently been unaffected by the fill materials placed in the former quarry area. No significant impacts to surface and groundwater are expected as a result of the proposed project.” According to the DTSC, “The Property consists of 978 acres lying between the Gudde Ridge on the west and the East Ridge on the east. Most of the land is in the valley and the enclosing slopes; the portion of the land formerly owned by the Zuckerman family straddles Gudde Ridge. The visual character of the Property is established by the hilly and rolling terrain with elevations between 550 and 1600 feet. Two land forms, the Daly Straddle and the Zuckerman Straddle, subdivide Gateway Valley into separate visual zones. The most visible part of the Property is Quarry Hill, conspicuous because of its height and location, and because of the excavation scar created by the operation of a quarry from approximately 1944 to 1954.”

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According to the DTSC, all four areas of the Gateway Valley site “have been filled with landslide and construction debris.” Further, “there is also a significant amount of uncompacted side‐cast fill present along the various access roads cut throughout the study area.” Exploratory borings “have shown that the fill at the EBMUD Gateway property line [the site to the east of the property across Upton Road] is at least 42 feet deep at the southeast limit and 72 feet deep at the northwest end.”

Discussion: The DTSC has determined that “all appropriate response actions have been completed, that all acceptable engineering practices were implemented and that no further removal/remedial action is necessary.” Based on this data and the distance from the property, this site does not represent an environmental concern to the property.

Based on distance, topography, assumed groundwater gradient, current regulatory status, and/or the absence of reported releases, none of sites listed in the state and tribal databases are considered to represent a likely past, present or material threat of release on the property.

5.1.3 Local Environmental Records Sources

Local Health Department

DGC contacted the State Water Resources Control Board (SWRCB), Regional Water Quality Control Board (RWQCB), San Francisco Bay region, for records pertaining to the property. According to Ms. Melinda Wong with the RWQCB (March 5, 2009 telephone conversation), there are no records for the property. DGC further reviewed the RWQCB GeoTracker web site (http://www.geotracker.swrcb.ca.gov) for information regarding the property. No data was available for the property.

Local Environmental Agency

DGC submitted a research request for the property to the Contra Costa County Environmental Health Department (CCCEHD). According to Ms. Alexandra (surname not provided) with the CCCEHD, there are no records for the property.

Fire Department

DGC submitted a research request for the property to the Contra Costa County Fire Protection District (CCCFPD). According to Ms. Joann West with the CCCFPD, the property is under the jurisdiction of the Orinda‐Moraga Fire District.

DGC contacted the Moraga‐Orinda Fire District for records pertaining to the property on Upton Road. According to Mr. Mike Mentik, Fire Marshall with the Moraga‐Orinda Fire District, there are no records of USTs or hazardous materials for the property.

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Department of Toxic Substances Control (DTSC)

DGC researched the DTSC EnviroStor website (www.envirostor.dtsc.ca.gov) to investigate possible records of contaminated sites within the zip code and city that the property is located in. The property was not identified on the DTSC EnviroStor database. The Gateway site located further south on Upton Road in Orinda is discussed further within Section 5.1.2.

DGC further contacted the DTSC in Berkeley, California, for data pertaining to the site. A response has not been received. If data is obtained that alters the conclusions of this report, an addendum will be issued. Otherwise, data will be maintained within DGC’s San Ramon, California office.

DGC interviewed Ms. Virginia Lasky with the DTSC via telephone on February 26, 2008 regarding the property location at the “Gateway Valley” site on Upton Road. Ms. Lasky referred DGC to the Removal Action Workplan (RAW) for the Gateway Valley site in order to determine the parcel numbers impacted. The RAW, dated September 10, 1997 and prepared by Treadwell & Rollo, the impacted area includes APN 273‐160‐008. The Site Location Map for the Gateway Valley site included areas immediately to the east of the property, across Upton Road, and was not inclusive of the property itself. Ms. Lasky stated that the impacted areas with contaminated soils were located along the upper areas of Upton Road in an area of a former municipal landfill. Ms. Lasky stated that areas closer to the highway, such as the property, would not have been impacted by the landfill activities.

Department of Planning and Zoning

DGC spoke with Mr. Rich (surname not provided, February 27, 2009 telephone conversation) with the City of Orinda regarding the property. According to Rich, the property is zoned PS, defined as Public / Semi‐Public and Utility District. He identified wireless facility applications dated 2006, which are presumed to relate to the telecommunications site located adjacent to the property along Upton Road. Rich did not identify any permit applications for buildings, storage tanks, or any other structures at the property.

Electrical Utility Company

PG&E provides electricity and natural gas utilities to Orinda. Overhead power lines were noted along the eastern side of the property, coursing along Upton Road. Based on the absence of structures on the property, it is presumed that there are no utilities connected to the property.

Water Utility

According to Maurice with the East Bay Municipal Utilities District (EBMUD, February 26, 2009 telephone conversation), there are no water connections to the property. Development at the property would require connection with EBMUD.

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Sewer Utility

DGC spoke with Erika with the Central Contra Costa Sanitary District (CCCSD) via telephone on February 26, 2009. Erika confirmed that no sewer connections have been made to the property. While development of sewer lines has started at the Wilder Ranch property to the east of the property, the development of those lines has been placed on hold at this time. Further, according to Erika, those lines will terminate approximately 700 feet from the property. Any development on the property will require sewer connections with the CCCSD.

Other Local Environmental Records Sources

No additional local environmental records sources were reviewed.

5.2 Physical Setting Sources

5.2.1 Topography

The United States Geological Survey (USGS), Oakland East Quadrangle 7.5 minute series topographic map was reviewed for this ESA. This map was published by the USGS in 1980. The property is located in Township 1 South, Range 3 West, Section 4, of the Mount Diablo Baseline and Meridian. According to the contour lines on the topographic map, the property is located at an elevation of approximately 667 feet above mean sea level (AMSL). The contour lines in the area of the Property indicate the area is sloping gently to the southwest.

A copy of the topographic map is included in Appendix A.

5.2.2 Geology

DGC reviewed the “Negative Declaration” for the Removal Action at the Gateway Valley site (date unavailable), prepared by the DTSC. According to the Negative Declaration, “Gateway Valley is divisible into two different terrains. The upper slopes consist of relatively stable volcanic rock belonging to the Moraga Formation, while the gentler slopes of the valley are comprised of softer, sedimentary strata, as seen throughout most of nearby Orinda and Moraga. As is the case in other parts of Orinda, massive ancient bedrock landslides are inferred to cover most of the Siesta Formation outcrop area. The upper ridgelines underlain by volcanic rocks support slope gradients that average 1.5:l (horizontal to vertical) or greater.” According to the DTSC, “Subsurface exploration [in the Gateway Valley] revealed that the bedding structure of the valley is remarkably consistent across this entire area, suggesting that if the area has been subjected to ancient sliding, the strata was displaced en masse and translated without much dilation or structural distortion to the more stable configuration seen today.”

5.2.3 Soils

DGC reviewed data pertaining to the DTSC Gateway Valley site. This site is located along Upton Road and encompasses the adjacent Wilder Ranch development area to the east of the property. According to the DTSC, “there is also a significant amount of uncompacted side‐cast fill present along the various access roads cut throughout the study area.” Exploratory borings “have shown that the fill at the

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EBMUD Gateway property line [the site to the east of the property across Upton Road] is at least 42 feet deep at the southeast limit and 72 feet deep at the northwest end.”

According to the EDR database report, soils on the site consist of Diablo clays. These soils are classified as Class D soils, which have very slow infiltration rates. The soils are clayey and have a high water table, or are shallow to an impervious layer. The soils consist of silt clay materials from a depth of zero to 29 inches below ground surface (bgs), silt clay materials from a depth of 29 to 42 inches bgs, and silt clay materials from a depth of 42 to 46 inches bgs. EDR obtains their data from the United States Department of Agriculture (USDA), Soil Conservation Service.

5.2.4 Hydrology

Based on the mapped topography for the area of the property, as shown on the USGS Oakland East Quadrangle (7.5‐minute series), the surface topography in the immediate vicinity of the property slopes towards the southwest. Therefore, local groundwater would be expected to flow from the northeast (upgradient) to the southwest (downgradient). The EDR database report did not identify groundwater wells in the area of the property.

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DGC reviewed the Gregg Drilling & Testing groundwater depth data for Northern California (http://www.greggdrilling.com). The groundwater depth tables included data for a site along Gateway Boulevard, located west of the property. The groundwater data contained within this table documented a groundwater depth of 20 feet below ground surface in January 1997. Groundwater was found within bedrock.

Estimated groundwater levels and/or flow direction(s) may vary due to seasonal fluctuations in precipitation, local usage demands, geology, underground structures, or dewatering operations.

5.2.5 Oil and Gas Exploration

DGC reviewed available data pertaining to oil and gas wells in the area of the site as obtained from the State of California Department of Conservation, Division of Oil, Gas and Geothermal Resources (DOGGR). According to the “District 6 Oil and Gas Fields” map, there are no oil and gas fields in the township and range in which the property is located.

5.2.6 Mining Activities

No indication of mining activities was identified during completion of this assessment. 5.2.7 Other Physical Setting Sources

Flood Plain Map

According to the Federal Emergency Management Agency (FEMA), the property is located on a non‐ printed panel (Community Panel Number 060722‐0015A). A copy of the flood plain map was not readily available.

Wetlands Map

DGC reviewed the United States Fish and Wildlife Service Wetlands Mapper at http://www.fws.gov/wetlands/data/Mapper.html. No wetland information was indicated for the property location.

A copy of the National Wetlands Inventory map is included in Appendix L.

5.3 Historical Records Sources

The following table summarizes the findings of the research presented below pertaining to historical property and surrounding area uses.

HISTORICAL USE SUMMARY Period Identified Historical Uses Source(s) Intervals/Comments Property Surrounding Area Prior to 1940 Undeveloped Undeveloped Aerial photographs The earliest record USGS maps reviewed was a 1939 aerial photograph.

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HISTORICAL USE SUMMARY Period Identified Historical Uses Source(s) Intervals/Comments Property Surrounding Area 1941‐1960 Undeveloped Undeveloped Aerial photographs Data gap (1946 – USGS maps 1958). No land use changes, no concerns identified. 1961‐1980 Undeveloped Undeveloped Aerial photographs Data gap (1965 – USGS maps 1974). No land use changes, no concerns identified. 1981 to present Undeveloped Undeveloped Aerial photographs No concerns USGS maps identified. City of Orinda

5.3.1 Aerial Photographs

DGC reviewed available aerial photographs of the property and surrounding areas obtained from EDR. Available aerial photographs ranged from 1939 to 2005. The following are descriptions and interpretations from the aerial photograph review.

AERIAL PHOTOGRAPH SUMMARY Year Scale Comments 1939 1 inch = 555 Property: Undeveloped feet Surrounding Area: Highway 24 (2‐lane highway or roadway in the 1946 1 inch = 655 configuration of the existing highway) was noted to the north (on ramp to feet Highway 24 was not present). To the east, south and west were 1958 1 inch = 555 undeveloped land. feet 1965 1 inch = 333 Property: Undeveloped feet Surrounding Area: Highway 24 was noted to the north along with the on‐ ramp to Highway 24. Upton Road was located east of the site, beyond was undeveloped land. A dirt road appeared to extend from Upton Road further southeast. To the south was the intersection of Gateway Boulevard and Upton Road, beyond was undeveloped land. To the west was Gateway Boulevard (beyond the overpass was not visible). 1974 1 inch = 601 Property: Undeveloped feet Surrounding Area: Highway 24 was noted to the north along with the on‐ ramp to Highway 24. Upton Road was located east of the site, beyond was undeveloped. A dirt road appeared to extend from Upton Road further southeast. To the south was the intersection of Gateway Boulevard and Upton Road, beyond was undeveloped land. To the west was Gateway Boulevard and undeveloped land.

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AERIAL PHOTOGRAPH SUMMARY Year Scale Comments 1982 1 inch = 690 Property: Undeveloped feet Surrounding Area: Highway 24 was noted to the north beyond the Gateway Boulevard on‐ramp to the highway. Upton Road was located east of the site, beyond was undeveloped. Further southeast, a site with a circular structure (presumed to be an aboveground tank) and dirt roads surrounding (access appeared to be from Upton Road). To the south was the intersection of Gateway Boulevard and Upton Road, beyond was undeveloped land. To the west was Gateway Boulevard and the off‐ramp from Highway 24, beyond was undeveloped land. 1993 1 inch = 666 Property: Undeveloped feet Surrounding Area: Highway 24 was noted to the north beyond the 1998 1 inch = 666 Gateway Boulevard on‐ramp to the highway. Upton Road was located feet east of the site, beyond was undeveloped. To the south was the 2005 1 inch = 484 intersection of Gateway Boulevard and Upton Road, beyond was feet undeveloped land. To the west was Gateway Boulevard and the off‐ramp from Highway 24, beyond was undeveloped.

The review of aerial photographs did not identify past uses indicating recognized environmental conditions at the property and surrounding area.

Copies of reproducible aerial photographs are included in Appendix F.

5.3.2 Fire Insurance Maps

A search for fire insurance maps for the property and surrounding area was conducted by EDR. No such maps for the property were available. Documentation is included in Appendix G.

5.3.3 Property Tax Files

DGC attempted to review historic ownership information for the parcel from the Contra Costa County Recorder’s Office (http://www.criis.com). Records for Debbie Ashley, the current owner of the property, were searched and no data pertaining to liens was available.

Title documentation for the parcel was further provided by the client.

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TAX RECORDS OWNERSHIP SUMMARY Owner Date Conveyed by the State of California Department of Transportation to May 15, 1979 Charles L. Williams and Myrtle Williams, Husband and Wife, as Joint Tenants Myrtle Williams to Charles Williams (willed upon her death) July 15, 1996 Debbie Lucille Ashley, William Larry Crowder, and Kim Williams, as August 28, 1998 tenants in common Debbie Lucille Ashley, William Larry Crowder, and Kim Williams, as February 17, 2004 tenants in common GRANTS TO Debbie Lucille Ashley (30% interest), William Larry Crowder (30% interest), and Kim Williams (40% interest) Susan Reid, Cheryl Gifford and Mark Baldwin Sr. remise, release and November 20, 2008 forever quitclaim their interest to Debbie Ashley

The property was owned by the California Department of Transportation before the transfer to the Williams family in 1979. No environmental concerns were indicated from this review. Copies of the grant deed documentation is included in Appendix L.

5.3.4 Recorded Land Title Records

The acquisition of recorded land title records was not required by the scope of work for the Phase I ESA.

5.3.5 Historical USGS Topographic Quadrangles

DGC reviewed available historical USGS Topographic Quadrangles for information regarding past uses of the property. Historical maps were reviewed from Terraserver (http://www.terraserver.com). Maps were reviewed dated 1959.

On the 1959 USGS map, the property and all surrounding sites were undeveloped. A three lane highway was noted to the north of the site (presumed to be Highway 24).

No additional historical topographic maps were available for the area of the site. The review of historical USGS Topographic Quadrangles did not identify past uses indicating recognized environmental conditions at the property and surrounding area.

5.3.6 City Directories

Research regarding the availability of historical city directories was conducted by EDR. City directories (Haines Criss‐Cross Directory) were searched for the years 1975 through 2008. Documentation is included in Appendix G.

No listings were available for the property or surrounding sites for any of the years searched by EDR. The review of city directories did not identify past uses indicating recognized environmental conditions at the property and surrounding areas.

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5.3.7 Building Department Records

DGC spoke with Mr. Rich (surname not provided, February 27, 2009 telephone conversation) with the City of Orinda regarding the property. According to Rich, the property is zoned PS, defined as Public / Semi‐Public and Utility District. Rich identified various wireless facility applications dated 2006, which are presumed to relate to the telecommunications site located adjacent to the property along Upton Road. Additional permits were not available for the property. Rich did not identify any permit applications for buildings, storage tanks, or any other structures at the property.

DGC further interviewed Ms. Susan (surname not provided, March 4, 2009 telephone conversation) with the City of Orinda Building Department regarding permits that have been issued for the site. Susan identified the installation of a Sprint wireless telecommunications site in 2002, and modifications to an existing Sprint telecommunications site in 2004.

DGC further interviewed Ms. Emily (surname not provided, March 4, 2009 telephone conversation) with the Contra Costa County Department of Conservation and Development, Building Inspection Division. According to Emily, no permits have been issued for the APN.

No environmental concerns were noted from this review.

5.3.8 Zoning/Land Use Records

DGC attempted to review available historical zoning/land use records at the City of Orinda for information regarding past uses of the property and surrounding area. No historical use information was available for the property.

5.3.9 Prior Reports

No prior reports were made available for review.

5.3.10 Other Historical Sources

No other historical sources were reviewed.

5.4 Data Failure

The objective of historical research is to develop a history of the previous uses of the property and surrounding area, in order to help identify the likelihood release of hazardous substances as a result of past activities. The agreed scope of work requires the assessor to attempt to identify use of the property at five year intervals from 1940 to the present, or, if the property was already developed in 1940, to the first date of development, but recognizes that data failure frequently occurs, making this impossible. When data failure occurs, ASTM E 1527‐05 requires the assessor to document the data failure and assess the potential impact on the ability of the Environmental Professional to identify recognized environmental conditions.

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The following data failures have been identified:

Property use was not identified at 5‐year DGC identified two data gaps (1946 – 1958 and intervals. 1965 – 1974). The property and all surrounding sites were undeveloped during this time, except for Highway 24 to the north of the site. Land use remained unchanged and these data gaps are not considered to represent an environmental concern.

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6.0 SITE RECONNAISSANCE

The site reconnaissance was conducted by Ms. Holly Moore, Senior Project Manager with DGC, on February 19, 2009. DGC was unaccompanied during the inspection of the property. The following is a summary of visual and/or physical observations of the property on the day of the site visit. Photographs can be found in Appendix C.

6.1 Methodology and Limiting Conditions

The site reconnaissance consisted of visual and/or physical observations of: the property and improvements; adjoining sites as viewed from the property; and, the surrounding area based on visual observations made during the trip to and from the property. Unimproved portions of the property (if any) were observed along the perimeter and in a general grid pattern in safely accessible areas. Building exteriors (if any) were observed along the perimeter from the ground, unless described otherwise. Building interiors (if any) were observed as they were made safely accessible, unless described otherwise.

At the time of the property inspection, the weather was sunny (65 degrees Fahrenheit) and visibility was good.

6.2 Hazardous Substance Use, Storage, and Disposal

DGC did not observe the use, storage or disposal of hazardous substances, including hazardous wastes, on the property.

6.3 Underground Storage Tanks (USTs)

DGC did not observe evidence of USTs on the property.

6.4 Aboveground Storage Tanks (ASTs)

DGC did not observe evidence of ASTs on the property.

6.5 Other Petroleum Products

DGC did not observe the use, storage or disposal of other petroleum products in transformers, hydraulic lifts or other containers on the property.

6.6 Polychlorinated Biphenyls (PCBs)

DGC did not observe evidence of the use, storage or disposal of PCB‐containing transformers, hydraulic lifts, or other equipment on the property.

6.7 Unidentified Substance Containers

DGC did not observe the presence of unidentified substance containers on the property.

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6.8 Odors and Pools of Liquid

DGC did not observe any strong, pungent or noxious odors at the property. Further, DGC did not observe pools of liquid at the property during the site reconnaissance.

6.9 Nonhazardous Solid Waste

DGC did not observe evidence of the generation, storage or disposal of nonhazardous solid waste on the property.

6.10 Wastewater

DGC did not observe evidence of wastewater generated, treated or discharged (including sanitary sewage and stormwater) on the property or to adjoining properties.

6.11 Waste Pits, Ponds and Lagoons

DGC did not observe evidence of waste pits, ponds or lagoons on the property.

6.12 Sumps

DGC did not observe evidence of sumps on the property.

6.13 Septic Systems

DGC did not observe evidence of a septic system on the property.

6.14 Stormwater Management System

DGC did not observe water bodies, surface impoundments, retention/detection ponds, or dry wells at the property. It is presumed that stormwater from the property would percolate into the ground or be discharged to storm drains on the property or to municipal storm drains along Upton Road.

6.15 Wells

DGC did not observe evidence of wells on the property.

6.16 Electromagnetic Fields (EMFs)

DGC did not observe evidence of high voltage towers on or adjacent to the property. Overhead power lines are located along Upton Road, adjacent to the property.

Project No. 09.10080.0001 28 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

6.17 Pesticides and Herbicides

Historical research did not identify former agricultural use on the property. Furthermore, no current use of pesticides or herbicides on the property was observed. Accordingly, DGC has identified no evidence that pesticides/herbicides are a concern for the property.

Project No. 09.10080.0001 29 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

7.0 INTERVIEWS

The following persons were interviewed to obtain information regarding recognized environmental conditions in connection with the property:

INTERVIEW SUMMARY Role Name Title/Company Years Assoc. Interview Type With Property Site Contact Richard Booth Broker Associate, Coldwell Banker Unknown Telephone Local Govt. Virginia Lasky Department of Toxic Substances Not Applicable Telephone Official Control Local Govt. Susan City of Orinda, Building Not Applicable Telephone Official Department Local Govt. Rich City of Orinda, Planning Not Applicable Telephone Official Department

Pertinent information from the interviews is discussed in applicable sections of this report with details (including failed attempts to interview) documented on Record of Communication forms in Appendix J.

7.1 Interview with Owner

The owner of the property was not available to be interviewed for this assessment. The current owners of the property indicated to the real estate agent for the property, Mr. Rick Booth with Coldwell Banker, that they do not have any information pertaining to the property. Mr. Kim Williams and Ms. Debbie Ashley are the children of the owners of the property since 1979, Mr. and Mrs. Charles L. Williams and Myrtle Williams.

DGC was provided with site information from Mr. Rick Booth of Coldwell Banker, real estate agent for the property transaction. Included within this documentation was a seller questionnaire completed by Mr. Williams and Ms. Ashley, which noted that there have been no releases of illegal controlled substances at the property, title concerns with the property, or material facts or defects with the property.

A “Seller Vacant Land Questionnaire” was further reviewed, which did not identify environmental concerns for the property. The owners of the property were not aware of fill or soil instability concerns with the property, fuel tanks (aboveground or underground), agricultural use, or any other conditions of potential concern. The owners noted that there was once a mechanic’s lien placed on the property in error, which has since been removed.

7.2 Key Site Manager

A Key Site Manager was not available for interview. The property is vacant and is not occupied.

7.3 Current and Past Occupants

Since the property is vacant, no occupants could be interviewed.

Project No. 09.10080.0001 30 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

7.4 Local Government Officials

DGC interviewed a local government official, Susan with the City of Orinda Building Department, via telephone on March 4, 2009. Further local government officials reviewed for this assessment are summarized throughout this report.

7.5 Others

No evidence of potential unauthorized releases was observed at the property or in the surrounding area. The surrounding properties are undeveloped and no occupants were available for interview. Therefore, no other interviews were performed as part of this assessment.

Project No. 09.10080.0001 31 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

8.0 OTHER ENVIRONMENTAL CONDITIONS

8.1 Asbestos‐Containing Material (ACM)

In accordance with Section 112 of the Clean Air Act, the EPA established the National Emissions Standards for Hazardous Air Pollutants (NESHAP) to protect the public. According to the EPA, the purpose of NESHAP “is to protect the public health by minimizing the release of asbestos when facilities which contain asbestos‐containing materials (ACMs) are demolished or renovated.” The NESHAP regulations specify “work practices to be followed during demolitions and renovations of all structures, installations, and buildings (excluding residential buildings that have four or fewer dwelling units).” In accordance with NESHAP, suspect ACM within the property building, including PACM, vinyl flooring, plaster, floor tiles, mastics, drywall, roofing materials, and other suspect ACMs, should be properly assessed prior to disturbance from renovation or demolition activities.

Based on the undeveloped nature of the property, asbestos containing materials were not considered as part of this assessment.

8.2 Radon

Radon is a naturally occurring colorless, odorless gas that is a by‐product of the decay of radioactive materials potentially present in bedrock and soil. The EPA guidance action level for annual residential exposure to radon is 4.0 picoCuries per liter of air (pCi/L). The guidance action level is not a regulatory requirement for private owners of commercial real estate, but is commonly used for comparison purposes to suggest whether further action at a building may be prudent.

The US EPA has prepared a map to assist National, State, and local organizations to target their resources and to implement radon‐resistant building codes. The map (http://www.epa.gov/radon/zonemap.html) divides the country into three Radon Zones. Zone 1 being those areas with the average predicted indoor radon concentration in residential dwellings exceeding the EPA Action limit of 4.0 picoCuries per Liter (pCi/L). It is important to note that the EPA has found homes with elevated levels of radon in all three zones, and the EPA recommends site specific testing in order to determine radon levels at a specific location. However, the map does give a valuable indication of the propensity of radon gas accumulation in structures. Review of the EPA Map of Radon Zones places the property in Zone 2.

DGC additionally reviewed the EDR database report for data pertaining to the propensity for radon gas in the area of the property. DGC’s review of published radon data indicates that the property is located in an area of moderate propensity with regard to the potential for elevated levels of radon gas. Contra Costa County is listed as being within EPA Radon Zone 2, where average indoor levels are expected to be between 2 and 4 pCi/L.

Based on the undeveloped nature of the property, no additional investigations are recommended at this time.

Project No. 09.10080.0001 32 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

8.3 Lead in Drinking Water

According to the United States Environmental Protection Agency (EPA), “Lead is rarely found in source water, but enters tap water through corrosion of plumbing materials. Homes built before 1986 are more likely to have lead pipes, fixtures and solder.” However, “new homes are also at risk: even legally “lead‐ free” plumbing may contain up to 8 percent lead.” According to the EPA, the most common concern is with brass or chrome‐plated brass faucets and fixtures “which can leach significant amounts of lead into the water, especially hot water.”

No structures are located on the property and potable water is not connected to the property. Lead in drinking water testing was not considered for this assessment.

8.4 Lead‐Based Paint (LBP)

According to Section 1004 of the Residential Lead‐Based Paint Hazard Reduction Act of 1992, a lead‐ based paint (LBP) hazard means “any condition that causes exposure to lead from lead‐contaminated dust, lead‐contaminated soil, lead‐contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the appropriate Federal agency.” Based upon this definition, intact LBP would not be considered a lead hazard. However, the condition of the paint should be monitored and maintained to ensure that it does not deteriorate and become a hazard.

Based on the undeveloped nature of the property, LBP was not considered as part of this assessment.

8.5 High Voltage Power Lines

DGC observed power lines coursing along Upton Road. No transformers or electrical connections were noted on the property.

8.6 Additional User Requested Conditions

No additional User requested conditions were included within the scope of this assessment.

Project No. 09.10080.0001 33 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

9.0 DEVIATIONS

This work was performed in general conformance with the scope and limitations of ASTM E 1527. Unless limited sampling or physical testing of materials was expressly provided for in the scope of work, the conclusions in this report were based solely on a visual inspection and on readily available records, interviews, and other secondary sources. DGC has made no independent investigation of the accuracy of these secondary sources and has assumed them to be accurate and complete. DGC does not warrant the accuracy or completeness of information provided by secondary sources. In addition, DGC does not warrant that contamination that may exist on the property has been discovered, that the property is suitable for any particular purpose, or that the property is clean or free of liability. Any cost estimates are based on general comparisons with past projects of similar scope and size, and actual cost or design‐ phase estimates may vary substantially from these estimates.

Project No. 09.10080.0001 34 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

10.0 REFERENCES

ASTM Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, ASTM Designation E1527‐05, published November 2005.

ASTM Guide for Environmental Site Assessments: Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process, ASTM Designation E1528‐06, published 2006.

Booth, Richard. Coldwell Banker. Telephone interviews and electronic mail data provided.

Central Contra Costa Sanitary District. Telephone Interview (Erika). February 26, 2009.

City of Orinda Building Department. Telephone Interview (Susan). March 4, 2009.

City of Orinda Planning Department. Telephone Interview (Rich). February 27, 2009 and March 4, 2009.

Contra Costa County Assessor’s Office. Telephone Interview.

Contra Costa County Public Works Department. Telephone Interview. February 26, 2009.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA” or “Superfund”), as amended by Superfund Amendments and Reauthorization Act of 1986 (“SARA”) and Small Business Liability Relief and Brownfields Revitalization Act of 2002 (“Brownfields Amendments”), 42 U.S.C. §§9601 et seq.

East Bay Municipal Utilities District. Telephone Interview (Maurice). February 26, 2009.

Environmental Data Resources, Inc. The EDR‐Radius Map with GeoCheck, Inquiry Number 2428470.2s, dated February 25, 2009.

Environmental Data Resources, Inc. The EDR Aerial Photo Decade Package, Inquiry Number 2428470.5, dated February 25, 2009.

Environmental Data Resources, Inc. The EDR City Directory Abstract, Inquiry Number 2428470.6, dated February 27, 2009.

Environmental Data Resources, Inc. Sanborn Map Report, Inquiry Number 2428470.3, dated February 25, 2009.

Emergency Planning and Community Right‐To‐Know Act of 1986 (“EPCRA”), 42 U.S.C. §§11001 et seq.

Federal Emergency Management Agency (FEMA), National Flood Insurance Program, Flood Insurance maps.

Freedom of Information Act, 5 U.S.C. §552, as amended by Public Law No. 104‐231, 110 Stat. 3048.

Project No. 09.10080.0001 35 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

Resource Conservation and Recovery Act (sometimes also referred to as the Solid Waste Disposal Act), as amended (“RCRA”), 42 U.S.C §6901 et seq.

Standards and Practices for All Appropriate Inquiries: Final Rule, 40 C.F.R. Part 312, United States Environmental Protection Agency.

State Water Resources Control Board GeoTracker database review.

United States Geological Survey (USGS) Topographic Map, Oakland East Quadrangle Map, 7.5 Minute Series, dated 1980.

Project No. 09.10080.0001 36 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

11.0 APPENDICES

Appendix A ‐ Site Vicinity Map Appendix B ‐ Site Plan Appendix C ‐ Site Photographs Appendix D ‐ User Provided Documentation Appendix E ‐ Regulatory Database Report Appendix F ‐ Aerial Photographs Appendix G ‐ Historical Research Documentation Appendix H ‐ Prior Reports Appendix I ‐ Resumes Appendix J ‐ Records of Communication Appendix K ‐ Laboratory Reports Appendix L ‐ Other Supporting Documentation Appendix M ‐ Terminology

Project No. 09.10080.0001 37 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX A

SITE VICINITY MAP

Project No. 09.10080.0001 Diablo Green Consulting Inc. IMAGE SOURCE: USGS OAKLAND EASTQUADRANGLE TOPOGRAPHIC MAP (7.5-MINUTE SERIES), DATED 1980. OBTAINED FROM THE NATIONAL GEOGRAPHIC TOPO SOFTWARE.

231 Market Place #186 FIGURE 1 San Ramon, CA 94583 SITE VICINITY (925) 846-9800 PROJECT NO: 09.10080.0001 UNDEVELOPED LAND 101 UPTON ROAD DESIGNED BY: HDM SCALE: 1:24000 REVIEWED BY: HDM ORINDA, CALIFORNIA DRAWN BY: HDM DATE: 3/2009 FILE: SITE PLAN PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX B

SITE PLAN

Project No. 09.10080.0001 Diablo Green Consulting Inc. CALTRANS PARK‐AND‐RIDE LOT UNDEVELOPED

HIGHWAY 24

RESIDENTIAL HOUSING DEVELOPMENT (WILDER RANCH)

UNDEVELOPED PROPERTY

IMAGE SOURCE: GOOGLE EARTH, 2009

231 Market Place #186 FIGURE 2a San Ramon, CA 94583 SITE PLAN (925) 846-9800 PROJECT NO: 09.10080.0001 UNDEVELOPED LAND 101 UPTON ROAD DESIGNED BY: HDM SCALE: NTS REVIEWED BY: HDM ORINDA, CALIFORNIA DRAWN BY: HDM DATE: 3/2009 FILE: SITE PLAN IMAGE SOURCE: GOOGLE EARTH, 2009

231 Market Place #186 FIGURE 2b San Ramon, CA 94583 SITE PLAN (925) 846-9800 PROJECT NO: 09.10080.0001 UNDEVELOPED LAND 101 UPTON ROAD DESIGNED BY: HDM SCALE: NTS REVIEWED BY: HDM ORINDA, CALIFORNIA DRAWN BY: HDM DATE: 3/2009 FILE: SITE PLAN PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX C

SITE PHOTOGRAPHS

Project No. 09.10080.0001 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

Photo 1: Real estate sign for the parcel at the corner of Gateway Photo 2. View of the property. Blvd. and Upton Road (southwest corner looking north).

Photo 3: Property looking northeast towards Upton Road from the Photo 4: View of property from the southwest at Gateway Blvd. southern side of the property.

Photo 5: View looking towards the property from Gateway Photo 6: Construction entry along Upton Road to adjacent Wilder

Blvd./Upton Road intersection to the south of the property. Ranch development (proposed residential).

DGC Project No. 08.10080.0001 1 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

Photo 7: View looking northeast along the edge of the property at Photo 8: Telecommunications site to the northeast of the property

Upton Road (Wilder Ranch development to the right/east). along Upton Road.

Photo 9: Telecommunications antennas on power pole located along Photo 10: Another view of the telecommunications equipment

Upton Road. along Upton Road.

Photo 11: Property looking southwest towards Gateway Blvd Photo 12: Ground surface at the property (grass and weeds).

DGC Project No. 08.10080.0001 2 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

Photo 13: Wilder Ranch development project to the east of the Photo 14: Highway 24 and properties across to the north of the property across Upton Road. property.

Photo 15: Property looking south towards Gateway Blvd./Upton Photo 16: Entrance to the Wilder Ranch development to the east of

Road intersection. the property.

Photo 17: View towards the property from Upton Road (east of the Photo 18: View of the property and undeveloped land beyond, to the site). south.

DGC Project No. 08.10080.0001 3 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX D

USER PROVIDED DOCUMENTATION

Project No. 09.10080.0001 Diablo Green Consulting Inc.

ENVIRONMENTAL QUESTIONNAIRE

1) How long have you owned the property? If not owned, how long have you been associated with the property? – We do not own the property and we have been in contract on it since Friday – 2/13/09.

2) Are you aware of any underground storage tanks or aboveground storage tanks that have been developed on the property? - unknown

3) Is this evaluation being completed for a sale, purchase, etc.? This is important in considering our recommendations, if any. – We are planning on purchasing this property and developing into Senior Housing.

4) Are you aware of any specific chemicals that are present or once were present at the property? - unknown

5) Are you aware of any spills or other chemical releases that have taken place at the property? - unknown

6) Are you aware of any environmental clean-ups that have taken place at the property? - unknown

7) Are you aware of any indicators that point to the presence or likely presence of contamination at the property? - unknown

Diablo Green Consulting, Inc. | 231 Market Place #186, San Ramon, CA 94583 T: (925) 846-9800 | F: (925) 397-3051

8) Are you aware of any knowledge or experience with the property that may be pertinent to the environmental professional? – The property was sold by Caltrans in 1979. The site is comprised of fill. I believe the fill is from the debris from the building of 24 and the Caldecott Tunnel. We have spoken with the developers of Wilder and they experienced no environmental contaminants on their land – which is the adjacent parcel (across Upton Road). I can put you in touch with that developer if you would find it helpful.

9) Are you aware of any environmental liens against the property? - unknown

10) Are you aware of any Activity and Use Limitations against the property? – property is zoned PS (Public Semi-Public) and requires a use permit for any use.

Completed by: Forrest Westin

Signature: /s

Title: Vice President

Date: 2/17/09

Diablo Green Consulting, Inc. | 231 Market Place #186, San Ramon, CA 94583 T: (925) 846-9800 | F: (925) 397-3051

PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX E

REGULATORY DATABASE REPORT

Project No. 09.10080.0001 Diablo Green Consulting Inc. Vacant Land 101 Upton Road Orinda, CA 94563

Inquiry Number: 2428470.2s February 25, 2009

The EDR Radius Map™ Report with GeoCheck®

440 Wheelers Farms Road Milford, CT 06461 Toll Free: 800.352.0050 www.edrnet.com

FORM-STD-LAR TABLE OF CONTENTS

SECTION PAGE

Executive Summary ES1 Overview Map 2 Detail Map 3 Map Findings Summary 4 Map Findings 7 Orphan Summary 11 Government Records Searched/Data Currency Tracking GR-1

GEOCHECK ADDENDUM

Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting SSURGO Soil Map A-5 Physical Setting Source Map A-13 Physical Setting Source Map Findings A-14 Physical Setting Source Records Searched A-15

Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments.

Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2009 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners.

TC2428470.2s Page 1 EXECUTIVE SUMMARY

A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-05) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate.

TARGET PROPERTY INFORMATION

ADDRESS

101 UPTON ROAD ORINDA, CA 94563

COORDINATES

Latitude (North): 37.866900 - 37˚ 52’ 0.8’’ Longitude (West): 122.196300 - 122˚ 11’ 46.7’’ Universal Tranverse Mercator: Zone 10 UTM X (Meters): 570692.4 UTM Y (Meters): 4191146.5 Elevation: 667 ft. above sea level

USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY

Target Property Map: 37122-G2 OAKLAND EAST, CA Most Recent Revision: 1980

North Map: 37122-H2 BRIONES VALLEY, CA Most Recent Revision: 1999

AERIAL PHOTOGRAPHY IN THIS REPORT

Photo Year: 2005

TARGET PROPERTY SEARCH RESULTS

The target property was not listed in any of the databases searched by EDR.

DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR’s search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases:

STANDARD ENVIRONMENTAL RECORDS

Federal NPL site list NPL National Priority List

TC2428470.2s EXECUTIVE SUMMARY 1 EXECUTIVE SUMMARY

Proposed NPL Proposed National Priority List Sites NPL LIENS Federal Superfund Liens

Federal Delisted NPL site list Delisted NPL National Priority List Deletions

Federal CERCLIS list CERCLIS Comprehensive Environmental Response, Compensation, and Liability Information System

Federal CERCLIS NFRAP site List CERC-NFRAP CERCLIS No Further Remedial Action Planned

Federal RCRA CORRACTS facilities list CORRACTS Corrective Action Report

Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF RCRA - Transporters, Storage and Disposal

Federal RCRA generators list RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG RCRA - Small Quantity Generators RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generator

Federal institutional controls / engineering controls registries US ENG CONTROLS Engineering Controls Sites List US INST CONTROL Sites with Institutional Controls

Federal ERNS list ERNS Emergency Response Notification System

State- and tribal - equivalent NPL RESPONSE State Response Sites

State and tribal landfill and/or solid waste disposal site lists SWF/LF Solid Waste Information System

State and tribal leaking storage tank lists LUST Geotracker’s Leaking Underground Fuel Tank Report SLIC Statewide SLIC Cases INDIAN LUST Leaking Underground Storage Tanks on Indian Land

State and tribal registered storage tank lists UST Active UST Facilities

TC2428470.2s EXECUTIVE SUMMARY 2 EXECUTIVE SUMMARY

AST Aboveground Petroleum Storage Tank Facilities INDIAN UST Underground Storage Tanks on Indian Land

State and tribal voluntary cleanup sites INDIAN VCP Voluntary Cleanup Priority Listing

ADDITIONAL ENVIRONMENTAL RECORDS

Local Brownfield lists US BROWNFIELDS A Listing of Brownfields Sites

Local Lists of Landfill / Solid Waste Disposal Sites ODI Open Dump Inventory DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations WMUDS/SWAT Waste Management Unit Database SWRCY Recycler Database HAULERS Registered Waste Tire Haulers Listing INDIAN ODI Report on the Status of Open Dumps on Indian Lands

Local Lists of Hazardous waste / Contaminated Sites US CDL Clandestine Drug Labs HIST Cal-Sites Historical Calsites Database SCH School Property Evaluation Program Toxic Pits Toxic Pits Cleanup Act Sites CDL Clandestine Drug Labs

Local Lists of Registered Storage Tanks CA FID UST Facility Inventory Database HIST UST Hazardous Substance Storage Container Database SWEEPS UST SWEEPS UST Listing

Local Land Records LIENS 2 CERCLA Lien Information LUCIS Land Use Control Information System LIENS Environmental Liens Listing DEED Deed Restriction Listing

Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System CHMIRS California Hazardous Material Incident Report System LDS Land Disposal Sites Listing MCS Military Cleanup Sites Listing

Other Ascertainable Records RCRA-NonGen RCRA - Non Generators DOT OPS Incident and Accident Data

TC2428470.2s EXECUTIVE SUMMARY 3 EXECUTIVE SUMMARY

DOD Department of Defense Sites FUDS Formerly Used Defense Sites CONSENT Superfund (CERCLA) Consent Decrees ROD Records Of Decision UMTRA Uranium Mill Tailings Sites MINES Mines Master Index File TRIS Toxic Chemical Release Inventory System TSCA Toxic Substances Control Act FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing SSTS Section 7 Tracking Systems ICIS Integrated Compliance Information System PADS PCB Activity Database System MLTS Material Licensing Tracking System RADINFO Radiation Information Database FINDS Facility Index System/Facility Registry System RAATS RCRA Administrative Action Tracking System CA BOND EXP. PLAN Bond Expenditure Plan CA WDS Waste Discharge System Cortese "Cortese" Hazardous Waste & Substances Sites List CONTRA COSTA CO. SITE LISTSite List Notify 65 Proposition 65 Records DRYCLEANERS Cleaner Facilities WIP Well Investigation Program Case List HAZNET Facility and Manifest Data EMI Emissions Inventory Data INDIAN RESERV Indian Reservations SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing

EDR PROPRIETARY RECORDS

EDR Proprietary Records Manufactured Gas Plants EDR Proprietary Manufactured Gas Plants

SURROUNDING SITES: SEARCH RESULTS Surrounding sites were identified in the following databases.

Elevations have been determined from the USGS Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified. Sites with an elevation equal to or higher than the target property have been differentiated below from sites with an elevation lower than the target property. Page numbers and map identification numbers refer to the EDR Radius Map report where detailed data on individual sites can be reviewed.

Sites listed in bold italics are in multiple databases.

Unmappable (orphan) sites are not considered in the foregoing analysis.

TC2428470.2s EXECUTIVE SUMMARY 4 EXECUTIVE SUMMARY

STANDARD ENVIRONMENTAL RECORDS

State- and tribal - equivalent CERCLIS ENVIROSTOR: The Department of Toxic Substances Control’s (DTSC’s) Site Mitigation and Brownfields Reuse Program’s (SMBRP’s) EnviroStor database identifes sites that have known contamination or sites for which there may be reasons to investigate further. The database includes the following site types: Federal Superfund sites (National Priorities List (NPL)); State Response, including Military Facilities and State Superfund; Voluntary Cleanup; and School sites. EnviroStor provides similar information to the information that was available in CalSites, and provides additional site information, including, but not limited to, identification of formerly-contaminated properties that have been released for reuse, properties where environmental deed restrictions have been recorded to prevent inappropriate land uses, and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites.

A review of the ENVIROSTOR list, as provided by EDR, and dated 11/25/2008 has revealed that there is 1 ENVIROSTOR site within approximately 1 mile of the target property.

______Equal/Higher Elevation ______Address Direction ______/ Distance Map _____ ID Page _____ GATEWAY VALLEY UPTON ROAD S 0 - 1/8 (0.025 mi.) 1 7 Status: Certified

State and tribal voluntary cleanup sites VCP: Contains low threat level properties with either confirmed or unconfirmed releases and the project proponents have request that DTSC oversee investigation and/or cleanup activities and have agreed to provide coverage for DTSC’s costs.

A review of the VCP list, as provided by EDR, and dated 11/25/2008 has revealed that there is 1 VCP site within approximately 0.5 miles of the target property.

______Equal/Higher Elevation ______Address Direction ______/ Distance Map _____ ID Page _____ GATEWAY VALLEY UPTON ROAD S 0 - 1/8 (0.025 mi.) 1 7

TC2428470.2s EXECUTIVE SUMMARY 5 EXECUTIVE SUMMARY

There were no unmapped sites in this report.

TC2428470.2s EXECUTIVE SUMMARY 6 0 2 4 0 1 0 0 6 4 0 1 480 110 kV 8 1 2 0 1 2 0 22 5 0 2 2 1 0 2 4 k

5 0

110 kV VV 1 110 kV 5 2 0 6 0 1 1 1 4 4 2 00 1 0 1 1 0 1 40 1 1 0 8 4 1 4 8 2 2 0 0 0 6 0 1 0 0 1 1 5 2 110 kV 5 6 0 8 6 6 0 0 7 8 4 0 2 0 0 1 7 0 1 0 0 3 6 6 4 0 0 0 8 5 2 1 5 2 0 8 4 8 0 0 1 1 4 8 0 1 5 0 5 2 4 0 0 2 0 9 0 9 2 60 4 1 4 4 6 0 5 8 1 1 0 0 1 3 6 0 1 4 0 0 3 0 2 0

1 1 0 0 0 2 0 0 4 8 1 3 2 0 5

0 1 2 6 0 1 3 8 2 6 5 2 6 4 3 60 1108 kV 1 1 0 20 110 kV 5 4 1 2 1 0 0 6 0 0 0 0 6 1 1 2 0 5 6 0 1 1 1 6 0 1 2 1 8 4 1 3 2 0 0 3 6 0 0 0 560 8 1 2 0 0 0 2 0 0 6 4 0 4 0 0 4 1 6 6 8 4 2 0 1 6 0 5

2 2 1 1 1 0 4 1 0 110 kV 0 5 0 0 8 1 0 2 1 0 0 0 0 1 0 1 1 0 8 0 9 2 3 2 6 0 8 4

8 800 0

4 2 80 1

1 0 0 0 0 1 0

1 1 6 0 1 0 220 kV 3 6 6 1240 2 0 8 640 0 0 1 6 7 0 8 9 1 0 6 0 6 0 4 0 9 1 0 0 2 5 4 1 0 2 8 1 0 7 6 0 0 V 2 0 0 0 k 1 1200 1 1 1040 0 6 1 1120 0 1 1 0 1 1 6 8 1 0 0 8

0 5 5 0 0 4 9 2 6 2 0 1320 0 0 680

0 1240 0 0 0 0 220 kV 1 1400 8 8 0 6 8 0 6 1440 1 3 6 7 0 0 6 7 8 8 1 0 0 9 2 0 1 110 kV 9 6 5 1280 1040 0 5 6 1 1 8 0 0 1 0

2 0 1 0 0 6 0 20 1200

1 0 6 8 4 0 2 8 7 0 0 6 0 7 0 0 0 7 2 4 8 4 0 0 1 1 2 0 110 kV 110 kV 1 0 0 0 6 0 8 0 9 0 840 6 9 6 1 2 4 0 2 80 8 7 2 0 0 1 2 0 0 9 7 6 0 6 1 1 0 4 6 8 0 8 9 2 0 8 6 0 0 1 20 7 0 8 0 1 1 0 8 8 9 0 0 1 0 4 0 6 8 8 4 0 1 0 0 0 4 0 8 0 1 1 0 0 8 0 2 0 4 0 8 0 8 8 0 9 2 0 7 8 0 0 6 1 2 0 1 1 2 0 0 0 2 1 4 0 6 0 1 1 0 160 0 0 6 40 0 4 1 7 2 8 0 8 0 1 1 2 6 0 0 1 2 0 8 4 0 0 1 6 0 7 2 0 0 0 0 0 8 0 0 6 0 0 1 1 7 2 1 0 1 2 8 0 9 3 0 1

6 2 1 9 0 1 4 0 0 3 2 1 6 6 0 2 4 2 1 8 0 0 0 0 0 8 4 0 9 0 1 0 9 6 1 0 1 8 6 1 0 1 1 2 0 1 5 1 2 6 0 0 1400 2 2 1 0 0 0 0 2 0 1 1360 8 1 4 110 kV 2 5 1 0 2 0 1 1 60 8

3 3 0 0

6 0 1 0 0 1 0 0 0 4 2 0 3 8 0

1 4 1 0 4 1 4 6 0 3 0 1 1 0 8 5 6 8 4 8

0 0 1

0 8 0 1 4 0 8 0 1 0 9 2 5 1 0 1 2 60 0 1 0 9 1 6 0 1

1 0 0 4 8 0 0 1 8 8

3 0 0

0 4 6 1 8 1 1

0 4 0 4 0 5 0 0 1 0 4 9 6 2 0 1 0 0 4 2 4 6 2 1 0

9 0 0 0 4 3

1 0 1 3 2 0 0 0 1 0

0 0 0 8 0 40 0 4 1 1 2 1 0 1 0 1 2 0 6 4 8 0 8 0 0 1 0 5 1 1 1 1 6 2 0 8 0 1 1 2 0 2 0 1 0 1 1 3 6 3 2 6 0 1 1 2 1160 1 1 1 1 0 1 2 0 0 0 2 0 0 0 0 1240 1 4

1 0 1 2 110 kV 1 6 0 8 0 1 2 1 1 4 0 2 1 1 0 8 1 0 1 3 0 0 6 1 4 6 0 1 0 0

EDR Inc. 1000

640

800 680

720

760

880

840

720 680

720 640

800

840

880

960

EDR Inc. MAP FINDINGS SUMMARY

Search Target Distance Total Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

STANDARD ENVIRONMENTAL RECORDS

Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS TP NR NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCLIS list CERCLIS 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site List CERC-NFRAP 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL RESPONSE 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS ENVIROSTOR 1.000 1 0 0 0 NR 1 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LUST 0.500 0 0 0 NR NR 0 SLIC 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0

TC2428470.2s Page 4 MAP FINDINGS SUMMARY

Search Target Distance Total Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

State and tribal registered storage tank lists UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 State and tribal voluntary cleanup sites VCP 0.500 1 0 0 NR NR 1 INDIAN VCP 0.500 0 0 0 NR NR 0

ADDITIONAL ENVIRONMENTAL RECORDS

Local Brownfield lists US BROWNFIELDS 0.500 0 0 0 NR NR 0 Local Lists of Landfill / Solid Waste Disposal Sites ODI 0.500 0 0 0 NR NR 0 DEBRIS REGION 9 0.500 0 0 0 NR NR 0 WMUDS/SWAT 0.500 0 0 0 NR NR 0 SWRCY 0.500 0 0 0 NR NR 0 HAULERS TP NR NR NR NR NR 0 INDIAN ODI 0.500 0 0 0 NR NR 0 Local Lists of Hazardous waste / Contaminated Sites US CDL TP NR NR NR NR NR 0 HIST Cal-Sites 1.000 0 0 0 0 NR 0 SCH 0.250 0 0 NR NR NR 0 Toxic Pits 1.000 0 0 0 0 NR 0 CDL TP NR NR NR NR NR 0 Local Lists of Registered Storage Tanks CA FID UST 0.250 0 0 NR NR NR 0 HIST UST 0.250 0 0 NR NR NR 0 SWEEPS UST 0.250 0 0 NR NR NR 0 Local Land Records LIENS 2 TP NR NR NR NR NR 0 LUCIS 0.500 0 0 0 NR NR 0 LIENS TP NR NR NR NR NR 0 DEED 0.500 0 0 0 NR NR 0 Records of Emergency Release Reports HMIRS TP NR NR NR NR NR 0 CHMIRS TP NR NR NR NR NR 0 LDS TP NR NR NR NR NR 0 MCS TP NR NR NR NR NR 0 Other Ascertainable Records RCRA-NonGen 0.250 0 0 NR NR NR 0

TC2428470.2s Page 5 MAP FINDINGS SUMMARY

Search Target Distance Total Database Property (Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted

DOT OPS TP NR NR NR NR NR 0 DOD 1.000 0 0 0 0 NR 0 FUDS 1.000 0 0 0 0 NR 0 CONSENT 1.000 0 0 0 0 NR 0 ROD 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 MINES 0.250 0 0 NR NR NR 0 TRIS TP NR NR NR NR NR 0 TSCA TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 FINDS TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 CA BOND EXP. PLAN 1.000 0 0 0 0 NR 0 CA WDS TP NR NR NR NR NR 0 Cortese 0.500 0 0 0 NR NR 0 CONTRA COSTA CO. SITE LIST 0.250 0 0 NR NR NR 0 Notify 65 1.000 0 0 0 0 NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 WIP 0.250 0 0 NR NR NR 0 HAZNET TP NR NR NR NR NR 0 EMI TP NR NR NR NR NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0

EDR PROPRIETARY RECORDS

EDR Proprietary Records Manufactured Gas Plants 1.000 0 0 0 0 NR 0

NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database

TC2428470.2s Page 6 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number

1 GATEWAY VALLEY VCP S102564433 South UPTON ROAD ENVIROSTOR N/A < 1/8 ORINDA, CA 94563 0.025 mi. 132 ft.

Relative: VCP: Higher Facility ID: 07990004 Site Type: Voluntary Cleanup Actual: Site Type Detail: Voluntary Cleanup 713 ft. Acres: 16 National Priorities List: NO Cleanup Oversight Agencies: SMBRP Lead Agency: SMBRP Lead Agency Description: DTSC - Sit Project Manager: VIRGINIA LASKY Supervisor: Karen Toth Division Branch: Berkeley Site Code: 200946 Assembly: 14 Senate: 07 Special Programs Code: Voluntary Cleanup Program Status: Certified Status Date: 1997-12-18 00:00:00 Restricted Use: NO Funding: Responsible Party Lat/Long: 37.8614837866545 / -122.186231062951 Alias Name: 273-160-008 Alias Type: APN Alias Name: 110033619715 Alias Type: EPA (FRS #) Alias Name: 07990004 Alias Type: Envirostor ID Number Alias Name: 200946 Alias Type: Project Code (Site Code)

APN: 273-160-008 APN Description: Not reported Comments: Approved RAW requiring that all contaminated soil be excavated and disposed offsite.Completed RA. Certified Site. Confirmation sampling demonstrated the site was remediated to residential levels.Signed VCA. Soil sampling found elevated levels of lead, polychlorinated biphenyls (PCBs), and petroleum hydrocarbons. Groundwater was not impacted.A Negative Declaration was adopted for the site.Fact sheet announcing public comment perion on Draft RAW from August 1 to August 30, 1997. Completed Info: Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported Completed Document Type: CEQA - Initial Study/ Neg. Declaration Completed Date: 1997-09-11 00:00:00

Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported Completed Document Type: Certification Completed Date: 1997-12-18 00:00:00

Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported

TC2428470.2s Page 7 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number

GATEWAY VALLEY (Continued) S102564433 Completed Document Type: Voluntary Clean-up Agreement Completed Date: 1997-04-23 00:00:00

Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported Completed Document Type: Removal Action Workplan Completed Date: 1997-09-11 00:00:00

Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported Completed Document Type: Removal Action Completion Report Completed Date: 1997-12-18 00:00:00

Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported Completed Document Type: Fact Sheets Completed Date: 1997-07-31 00:00:00

Confirmed: 30018,30013 Confirmed Description: Polychlori Confirmed Description: Lead Future Area Name: Not reported Future Sub Area Name: Not reported Future Document Type: Not reported Future Due Date: Not reported Media Affected: 30013, 30018 Media Affected Desc: Not reported Media Affected Desc: Not reported Management: Management Required: NONE SPECIFIED Management Required Desc: Not reported Potential: SOIL Potenital Description: Not reported Schedule Area Name: Not reported Schedule Sub Area Name: Not reported Schedule Document Type: Not reported Schedule Due Date: Not reported Schedule Revised Date: Not reported PastUse: LANDFILL - CONSTRUCTION, LANDFILL - DOMESTIC

ENVIROSTOR: Site Type: Voluntary Cleanup Site Type Detailed: Voluntary Cleanup Acres: 16 NPL: NO Regulatory Agencies: SMBRP Lead Agency: SMBRP Program Manager: VIRGINIA LASKY Supervisor: Karen Toth Division Branch: Berkeley Facility ID: 07990004 Site Code: 200946 Assembly: 14 Senate: 07 Special Program: Voluntary Cleanup Program Status: Certified

TC2428470.2s Page 8 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number

GATEWAY VALLEY (Continued) S102564433 Status Date: 1997-12-18 00:00:00 Restricted Use: NO Funding: Responsible Party Latitude: 37.8614837866545 Longitude: -122.186231062951 Alias Name: 273-160-008 Alias Type: APN Alias Name: 110033619715 Alias Type: EPA (FRS #) Alias Name: 07990004 Alias Type: Envirostor ID Number Alias Name: 200946 Alias Type: Project Code (Site Code)

Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported Completed Document Type: Certification Completed Date: 1997-12-18 00:00:00

Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported Completed Document Type: Voluntary Clean-up Agreement Completed Date: 1997-04-23 00:00:00

Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported Completed Document Type: Removal Action Workplan Completed Date: 1997-09-11 00:00:00

Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported Completed Document Type: Removal Action Completion Report Completed Date: 1997-12-18 00:00:00

Completed Area Name: PROJECT WIDE Completed Sub Area Name: Not reported Completed Document Type: Fact Sheets Completed Date: 1997-07-31 00:00:00

Confirmed: 30018,30013 Confirmed Description: Polychlori

TC2428470.2s Page 9 Map ID MAP FINDINGS Direction Distance EDR ID Number Elevation Site Database(s) EPA ID Number

GATEWAY VALLEY (Continued) S102564433 Confirmed Description: Lead Future Area Name: Not reported Future Sub Area Name: Not reported Future Document Type: Not reported Future Due Date: Not reported Media Affected: 30013, 30018 Media Affected Desc: Not reported Media Affected Desc: Not reported Management: Management Required: NONE SPECIFIED Management Required Desc: Not reported Potential: SOIL Potenital Description: Not reported Schedule Area Name: Not reported Schedule Sub Area Name: Not reported Schedule Document Type: Not reported Schedule Due Date: Not reported Schedule Revised Date: Not reported PastUse: LANDFILL - CONSTRUCTION, LANDFILL - DOMESTIC

TC2428470.2s Page 10 ORPHAN SUMMARY

City EDR ID Site Name Site Address Zip Database(s)

NO SITES FOUND

TC2428470.2s Page 11 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

To maintain currency of the following federal and state databases, EDR contacts the appropriate governmental agency on a monthly or quarterly basis, as required.

Number of Days to Update: Provides confirmation that EDR is reporting records that have been updated within 90 days from the date the government agency made the information available to the public.

STANDARD ENVIRONMENTAL RECORDS

Federal NPL site list

NPL: National Priority List National Priorities List (Superfund). The NPL is a subset of CERCLIS and identifies over 1,200 sites for priority cleanup under the Superfund Program. NPL sites may encompass relatively large areas. As such, EDR provides polygon coverage for over 1,000 NPL site boundaries produced by EPA’s Environmental Photographic Interpretation Center (EPIC) and regional EPA offices. Date of Government Version: 09/29/2008 Source: EPA Date Data Arrived at EDR: 10/10/2008 Telephone: N/A Date Made Active in Reports: 11/19/2008 Last EDR Contact: 01/26/2009 Number of Days to Update: 40 Next Scheduled EDR Contact: 04/27/2009 Data Release Frequency: Quarterly

NPL Site Boundaries Sources: EPA’s Environmental Photographic Interpretation Center (EPIC) Telephone: 202-564-7333 EPA Region 1 EPA Region 6 Telephone 617-918-1143 Telephone: 214-655-6659 EPA Region 3 EPA Region 7 Telephone 215-814-5418 Telephone: 913-551-7247 EPA Region 4 EPA Region 8 Telephone 404-562-8033 Telephone: 303-312-6774 EPA Region 5 EPA Region 9 Telephone 312-886-6686 Telephone: 415-947-4246 EPA Region 10 Telephone 206-553-8665

Proposed NPL: Proposed National Priority List Sites A site that has been proposed for listing on the National Priorities List through the issuance of a proposed rule in the Federal Register. EPA then accepts public comments on the site, responds to the comments, and places on the NPL those sites that continue to meet the requirements for listing. Date of Government Version: 09/29/2008 Source: EPA Date Data Arrived at EDR: 10/10/2008 Telephone: N/A Date Made Active in Reports: 11/19/2008 Last EDR Contact: 01/26/2009 Number of Days to Update: 40 Next Scheduled EDR Contact: 04/27/2009 Data Release Frequency: Quarterly

NPL LIENS: Federal Superfund Liens Federal Superfund Liens. Under the authority granted the USEPA by CERCLA of 1980, the USEPA has the authority to file liens against real property in order to recover remedial action expenditures or when the property owner received notification of potential liability. USEPA compiles a listing of filed notices of Superfund Liens. Date of Government Version: 10/15/1991 Source: EPA Date Data Arrived at EDR: 02/02/1994 Telephone: 202-564-4267 Date Made Active in Reports: 03/30/1994 Last EDR Contact: 02/16/2009 Number of Days to Update: 56 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: No Update Planned

TC2428470.2s Page GR-1 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

Federal Delisted NPL site list

DELISTED NPL: National Priority List Deletions The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) establishes the criteria that the EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425.(e), sites may be deleted from the NPL where no further response is appropriate. Date of Government Version: 09/29/2008 Source: EPA Date Data Arrived at EDR: 10/10/2008 Telephone: N/A Date Made Active in Reports: 11/19/2008 Last EDR Contact: 01/26/2009 Number of Days to Update: 40 Next Scheduled EDR Contact: 04/27/2009 Data Release Frequency: Quarterly

Federal CERCLIS list

CERCLIS: Comprehensive Environmental Response, Compensation, and Liability Information System CERCLIS contains data on potentially hazardous waste sites that have been reported to the USEPA by states, municipalities, private companies and private persons, pursuant to Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLIS contains sites which are either proposed to or on the National Priorities List (NPL) and sites which are in the screening and assessment phase for possible inclusion on the NPL. Date of Government Version: 10/07/2008 Source: EPA Date Data Arrived at EDR: 10/16/2008 Telephone: 703-412-9810 Date Made Active in Reports: 12/08/2008 Last EDR Contact: 01/30/2009 Number of Days to Update: 53 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: Quarterly

Federal CERCLIS NFRAP site List

CERCLIS-NFRAP: CERCLIS No Further Remedial Action Planned Archived sites are sites that have been removed and archived from the inventory of CERCLIS sites. Archived status indicates that, to the best of EPA’s knowledge, assessment at a site has been completed and that EPA has determined no further steps will be taken to list this site on the National Priorities List (NPL), unless information indicates this decision was not appropriate or other considerations require a recommendation for listing at a later time. This decision does not necessarily mean that there is no hazard associated with a given site; it only means that, based upon available information, the location is not judged to be a potential NPL site. Date of Government Version: 12/03/2007 Source: EPA Date Data Arrived at EDR: 12/06/2007 Telephone: 703-412-9810 Date Made Active in Reports: 02/20/2008 Last EDR Contact: 01/26/2009 Number of Days to Update: 76 Next Scheduled EDR Contact: 03/16/2009 Data Release Frequency: Quarterly

Federal RCRA CORRACTS facilities list

CORRACTS: Corrective Action Report CORRACTS identifies hazardous waste handlers with RCRA corrective action activity. Date of Government Version: 09/11/2008 Source: EPA Date Data Arrived at EDR: 09/19/2008 Telephone: 800-424-9346 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 12/01/2008 Number of Days to Update: 27 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: Quarterly

Federal RCRA non-CORRACTS TSD facilities list

RCRA-TSDF: RCRA - Transporters, Storage and Disposal RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Transporters are individuals or entities that move hazardous waste from the generator offsite to a facility that can recycle, treat, store, or dispose of the waste. TSDFs treat, store, or dispose of the waste.

TC2428470.2s Page GR-2 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

Date of Government Version: 09/10/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 09/23/2008 Telephone: (415) 495-8895 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 02/20/2009 Number of Days to Update: 23 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Quarterly

Federal RCRA generators list

RCRA-LQG: RCRA - Large Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Large quantity generators (LQGs) generate over 1,000 kilograms (kg) of hazardous waste, or over 1 kg of acutely hazardous waste per month. Date of Government Version: 09/10/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 09/23/2008 Telephone: (415) 495-8895 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 02/20/2009 Number of Days to Update: 23 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Quarterly

RCRA-SQG: RCRA - Small Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Small quantity generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month. Date of Government Version: 09/10/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 09/23/2008 Telephone: (415) 495-8895 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 02/20/2009 Number of Days to Update: 23 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Quarterly

RCRA-CESQG: RCRA - Conditionally Exempt Small Quantity Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Conditionally exempt small quantity generators (CESQGs) generate less than 100 kg of hazardous waste, or less than 1 kg of acutely hazardous waste per month. Date of Government Version: 09/10/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 09/23/2008 Telephone: (415) 495-8895 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 02/20/2009 Number of Days to Update: 23 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Varies

Federal institutional controls / engineering controls registries

US ENG CONTROLS: Engineering Controls Sites List A listing of sites with engineering controls in place. Engineering controls include various forms of caps, building foundations, liners, and treatment methods to create pathway elimination for regulated substances to enter environmental media or effect human health. Date of Government Version: 10/06/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 10/17/2008 Telephone: 703-603-0695 Date Made Active in Reports: 12/08/2008 Last EDR Contact: 12/29/2008 Number of Days to Update: 52 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Varies

TC2428470.2s Page GR-3 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

US INST CONTROL: Sites with Institutional Controls A listing of sites with institutional controls in place. Institutional controls include administrative measures, such as groundwater use restrictions, construction restrictions, property use restrictions, and post remediation care requirements intended to prevent exposure to contaminants remaining on site. Deed restrictions are generally required as part of the institutional controls. Date of Government Version: 10/06/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 10/17/2008 Telephone: 703-603-0695 Date Made Active in Reports: 12/08/2008 Last EDR Contact: 12/29/2008 Number of Days to Update: 52 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Varies

Federal ERNS list

ERNS: Emergency Response Notification System Emergency Response Notification System. ERNS records and stores information on reported releases of oil and hazardous substances. Date of Government Version: 12/31/2007 Source: National Response Center, United States Coast Guard Date Data Arrived at EDR: 01/23/2008 Telephone: 202-267-2180 Date Made Active in Reports: 03/17/2008 Last EDR Contact: 01/30/2009 Number of Days to Update: 54 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Annually

State- and tribal - equivalent NPL

RESPONSE: State Response Sites Identifies confirmed release sites where DTSC is involved in remediation, either in a lead or oversight capacity. These confirmed release sites are generally high-priority and high potential risk. Date of Government Version: 11/25/2008 Source: Department of Toxic Substances Control Date Data Arrived at EDR: 11/26/2008 Telephone: 916-323-3400 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 02/24/2009 Number of Days to Update: 62 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: Quarterly

State- and tribal - equivalent CERCLIS

ENVIROSTOR: EnviroStor Database The Department of Toxic Substances Control’s (DTSC’s) Site Mitigation and Brownfields Reuse Program’s (SMBRP’s) EnviroStor database identifes sites that have known contamination or sites for which there may be reasons to investigate further. The database includes the following site types: Federal Superfund sites (National Priorities List (NPL)); State Response, including Military Facilities and State Superfund; Voluntary Cleanup; and School sites. EnviroStor provides similar information to the information that was available in CalSites, and provides additional site information, including, but not limited to, identification of formerly-contaminated properties that have been released for reuse, properties where environmental deed restrictions have been recorded to prevent inappropriate land uses, and risk characterization information that is used to assess potential impacts to public health and the environment at contaminated sites. Date of Government Version: 11/25/2008 Source: Department of Toxic Substances Control Date Data Arrived at EDR: 11/26/2008 Telephone: 916-323-3400 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 02/24/2009 Number of Days to Update: 62 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: Quarterly

State and tribal landfill and/or solid waste disposal site lists

SWF/LF (SWIS): Solid Waste Information System Active, Closed and Inactive Landfills. SWF/LF records typically contain an inve ntory of solid waste disposal facilities or landfills. These may be active or i nactive facilities or open dumps that failed to meet RCRA Section 4004 criteria for solid waste landfills or disposal sites.

TC2428470.2s Page GR-4 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

Date of Government Version: 12/01/2008 Source: Integrated Waste Management Board Date Data Arrived at EDR: 12/09/2008 Telephone: 916-341-6320 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 12/09/2008 Number of Days to Update: 49 Next Scheduled EDR Contact: 03/09/2009 Data Release Frequency: Quarterly

State and tribal leaking storage tank lists

LUST REG 9: Leaking Underground Storage Tank Report Orange, Riverside, San Diego counties. For more current information, please refer to the State Water Resources Control Board’s LUST database. Date of Government Version: 03/01/2001 Source: California Regional Water Quality Control Board San Diego Region (9) Date Data Arrived at EDR: 04/23/2001 Telephone: 858-637-5595 Date Made Active in Reports: 05/21/2001 Last EDR Contact: 01/12/2009 Number of Days to Update: 28 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: No Update Planned

LUST REG 8: Leaking Underground Storage Tanks California Regional Water Quality Control Board Santa Ana Region (8). For more current information, please refer to the State Water Resources Control Board’s LUST database. Date of Government Version: 02/14/2005 Source: California Regional Water Quality Control Board Santa Ana Region (8) Date Data Arrived at EDR: 02/15/2005 Telephone: 909-782-4496 Date Made Active in Reports: 03/28/2005 Last EDR Contact: 02/02/2009 Number of Days to Update: 41 Next Scheduled EDR Contact: 05/04/2009 Data Release Frequency: Varies

LUST REG 7: Leaking Underground Storage Tank Case Listing Leaking Underground Storage Tank locations. Imperial, Riverside, San Diego, Santa Barbara counties. Date of Government Version: 02/26/2004 Source: California Regional Water Quality Control Board Colorado River Basin Region (7) Date Data Arrived at EDR: 02/26/2004 Telephone: 760-776-8943 Date Made Active in Reports: 03/24/2004 Last EDR Contact: 02/16/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: No Update Planned

LUST REG 6V: Leaking Underground Storage Tank Case Listing Leaking Underground Storage Tank locations. Inyo, Kern, Los Angeles, Mono, San Bernardino counties. Date of Government Version: 06/07/2005 Source: California Regional Water Quality Control Board Victorville Branch Office (6) Date Data Arrived at EDR: 06/07/2005 Telephone: 760-241-7365 Date Made Active in Reports: 06/29/2005 Last EDR Contact: 12/29/2008 Number of Days to Update: 22 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: No Update Planned

LUST REG 6L: Leaking Underground Storage Tank Case Listing For more current information, please refer to the State Water Resources Control Board’s LUST database. Date of Government Version: 09/09/2003 Source: California Regional Water Quality Control Board Lahontan Region (6) Date Data Arrived at EDR: 09/10/2003 Telephone: 530-542-5572 Date Made Active in Reports: 10/07/2003 Last EDR Contact: 12/01/2008 Number of Days to Update: 27 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: No Update Planned

LUST REG 5: Leaking Underground Storage Tank Database Leaking Underground Storage Tank locations. Alameda, Alpine, Amador, Butte, Colusa, Contra Costa, Calveras, El Dorado, Fresno, Glenn, Kern, Kings, Lake, Lassen, Madera, Mariposa, Merced, Modoc, Napa, Nevada, Placer, Plumas, Sacramento, San Joaquin, Shasta, Solano, Stanislaus, Sutter, Tehama, Tulare, Tuolumne, Yolo, Yuba counties.

TC2428470.2s Page GR-5 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

Date of Government Version: 07/01/2008 Source: California Regional Water Quality Control Board Central Valley Region (5) Date Data Arrived at EDR: 07/22/2008 Telephone: 916-464-4834 Date Made Active in Reports: 07/31/2008 Last EDR Contact: 01/19/2009 Number of Days to Update: 9 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Quarterly

LUST: Geotracker’s Leaking Underground Fuel Tank Report Leaking Underground Storage Tank Incident Reports. LUST records contain an inventory of reported leaking underground storage tank incidents. Not all states maintain these records, and the information stored varies by state. For more information on a particular leaking underground storage tank sites, please contact the appropriate regulatory agency. Date of Government Version: 01/06/2009 Source: State Water Resources Control Board Date Data Arrived at EDR: 01/08/2009 Telephone: see region list Date Made Active in Reports: 01/27/2009 Last EDR Contact: 01/08/2009 Number of Days to Update: 19 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Quarterly

LUST REG 1: Active Toxic Site Investigation Del Norte, Humboldt, Lake, Mendocino, Modoc, Siskiyou, Sonoma, Trinity counties. For more current information, please refer to the State Water Resources Control Board’s LUST database. Date of Government Version: 02/01/2001 Source: California Regional Water Quality Control Board North Coast (1) Date Data Arrived at EDR: 02/28/2001 Telephone: 707-570-3769 Date Made Active in Reports: 03/29/2001 Last EDR Contact: 02/16/2009 Number of Days to Update: 29 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: No Update Planned

LUST REG 2: Fuel Leak List Leaking Underground Storage Tank locations. Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, Sonoma counties. Date of Government Version: 09/30/2004 Source: California Regional Water Quality Control Board San Francisco Bay Region (2) Date Data Arrived at EDR: 10/20/2004 Telephone: 510-622-2433 Date Made Active in Reports: 11/19/2004 Last EDR Contact: 01/05/2009 Number of Days to Update: 30 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Quarterly

LUST REG 3: Leaking Underground Storage Tank Database Leaking Underground Storage Tank locations. Monterey, San Benito, San Luis Obispo, Santa Barbara, Santa Cruz counties. Date of Government Version: 05/19/2003 Source: California Regional Water Quality Control Board Central Coast Region (3) Date Data Arrived at EDR: 05/19/2003 Telephone: 805-542-4786 Date Made Active in Reports: 06/02/2003 Last EDR Contact: 02/09/2009 Number of Days to Update: 14 Next Scheduled EDR Contact: 05/11/2009 Data Release Frequency: No Update Planned

LUST REG 4: Underground Storage Tank Leak List Los Angeles, Ventura counties. For more current information, please refer to the State Water Resources Control Board’s LUST database. Date of Government Version: 09/07/2004 Source: California Regional Water Quality Control Board Los Angeles Region (4) Date Data Arrived at EDR: 09/07/2004 Telephone: 213-576-6710 Date Made Active in Reports: 10/12/2004 Last EDR Contact: 12/23/2008 Number of Days to Update: 35 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: No Update Planned

SLIC: Statewide SLIC Cases The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges.

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Date of Government Version: 01/06/2009 Source: State Water Resources Control Board Date Data Arrived at EDR: 01/08/2009 Telephone: 866-480-1028 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 01/08/2009 Number of Days to Update: 19 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Varies

SLIC REG 1: Active Toxic Site Investigations The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 04/03/2003 Source: California Regional Water Quality Control Board, North Coast Region (1) Date Data Arrived at EDR: 04/07/2003 Telephone: 707-576-2220 Date Made Active in Reports: 04/25/2003 Last EDR Contact: 02/16/2009 Number of Days to Update: 18 Next Scheduled EDR Contact: 05/18/2008 Data Release Frequency: No Update Planned

SLIC REG 2: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 09/30/2004 Source: Regional Water Quality Control Board San Francisco Bay Region (2) Date Data Arrived at EDR: 10/20/2004 Telephone: 510-286-0457 Date Made Active in Reports: 11/19/2004 Last EDR Contact: 01/05/2009 Number of Days to Update: 30 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Quarterly

SLIC REG 3: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 05/18/2006 Source: California Regional Water Quality Control Board Central Coast Region (3) Date Data Arrived at EDR: 05/18/2006 Telephone: 805-549-3147 Date Made Active in Reports: 06/15/2006 Last EDR Contact: 02/09/2009 Number of Days to Update: 28 Next Scheduled EDR Contact: 05/11/2009 Data Release Frequency: Semi-Annually

SLIC REG 4: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 11/17/2004 Source: Region Water Quality Control Board Los Angeles Region (4) Date Data Arrived at EDR: 11/18/2004 Telephone: 213-576-6600 Date Made Active in Reports: 01/04/2005 Last EDR Contact: 01/19/2009 Number of Days to Update: 47 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Varies

SLIC REG 5: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 04/01/2005 Source: Regional Water Quality Control Board Central Valley Region (5) Date Data Arrived at EDR: 04/05/2005 Telephone: 916-464-3291 Date Made Active in Reports: 04/21/2005 Last EDR Contact: 12/29/2008 Number of Days to Update: 16 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Semi-Annually

SLIC REG 6V: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges.

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Date of Government Version: 05/24/2005 Source: Regional Water Quality Control Board, Victorville Branch Date Data Arrived at EDR: 05/25/2005 Telephone: 619-241-6583 Date Made Active in Reports: 06/16/2005 Last EDR Contact: 12/29/2008 Number of Days to Update: 22 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Semi-Annually

SLIC REG 6L: SLIC Sites The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 09/07/2004 Source: California Regional Water Quality Control Board, Lahontan Region Date Data Arrived at EDR: 09/07/2004 Telephone: 530-542-5574 Date Made Active in Reports: 10/12/2004 Last EDR Contact: 12/01/2008 Number of Days to Update: 35 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: No Update Planned

SLIC REG 7: SLIC List The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 11/24/2004 Source: California Regional Quality Control Board, Colorado River Basin Region Date Data Arrived at EDR: 11/29/2004 Telephone: 760-346-7491 Date Made Active in Reports: 01/04/2005 Last EDR Contact: 02/16/2009 Number of Days to Update: 36 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: No Update Planned

SLIC REG 8: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 04/03/2008 Source: California Region Water Quality Control Board Santa Ana Region (8) Date Data Arrived at EDR: 04/03/2008 Telephone: 951-782-3298 Date Made Active in Reports: 04/14/2008 Last EDR Contact: 12/29/2008 Number of Days to Update: 11 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Semi-Annually

SLIC REG 9: Spills, Leaks, Investigation & Cleanup Cost Recovery Listing The SLIC (Spills, Leaks, Investigations and Cleanup) program is designed to protect and restore water quality from spills, leaks, and similar discharges. Date of Government Version: 09/10/2007 Source: California Regional Water Quality Control Board San Diego Region (9) Date Data Arrived at EDR: 09/11/2007 Telephone: 858-467-2980 Date Made Active in Reports: 09/28/2007 Last EDR Contact: 02/23/2009 Number of Days to Update: 17 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: Annually

INDIAN LUST R10: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Alaska, Idaho, Oregon and Washington. Date of Government Version: 11/18/2008 Source: EPA Region 10 Date Data Arrived at EDR: 11/19/2008 Telephone: 206-553-2857 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 34 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Quarterly

INDIAN LUST R8: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Colorado, Montana, North Dakota, South Dakota, Utah and Wyoming. Date of Government Version: 12/02/2008 Source: EPA Region 8 Date Data Arrived at EDR: 12/04/2008 Telephone: 303-312-6271 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 19 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Quarterly

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INDIAN LUST R9: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Arizona, California, New Mexico and Nevada Date of Government Version: 10/10/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 10/10/2008 Telephone: 415-972-3372 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 6 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Quarterly

INDIAN LUST R1: Leaking Underground Storage Tanks on Indian Land A listing of leaking underground storage tank locations on Indian Land. Date of Government Version: 03/12/2008 Source: EPA Region 1 Date Data Arrived at EDR: 03/14/2008 Telephone: 617-918-1313 Date Made Active in Reports: 03/20/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 6 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Varies

INDIAN LUST R4: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Florida, Mississippi and North Carolina. Date of Government Version: 06/06/2008 Source: EPA Region 4 Date Data Arrived at EDR: 10/09/2008 Telephone: 404-562-8677 Date Made Active in Reports: 11/19/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 41 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Semi-Annually

INDIAN LUST R6: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in New Mexico and Oklahoma. Date of Government Version: 11/25/2008 Source: EPA Region 6 Date Data Arrived at EDR: 11/26/2008 Telephone: 214-665-6597 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Varies

INDIAN LUST R7: Leaking Underground Storage Tanks on Indian Land LUSTs on Indian land in Iowa, Kansas, and Nebraska Date of Government Version: 04/01/2008 Source: EPA Region 7 Date Data Arrived at EDR: 12/03/2008 Telephone: 913-551-7003 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 02/20/2009 Number of Days to Update: 20 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Varies

State and tribal registered storage tank lists

UST: Active UST Facilities Active UST facilities gathered from the local regulatory agencies Date of Government Version: 01/06/2009 Source: SWRCB Date Data Arrived at EDR: 01/08/2009 Telephone: 916-480-1028 Date Made Active in Reports: 01/30/2009 Last EDR Contact: 01/08/2009 Number of Days to Update: 22 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Semi-Annually

AST: Aboveground Petroleum Storage Tank Facilities Registered Aboveground Storage Tanks. Date of Government Version: 11/01/2007 Source: State Water Resources Control Board Date Data Arrived at EDR: 11/27/2007 Telephone: 916-341-5712 Date Made Active in Reports: 02/14/2008 Last EDR Contact: 02/09/2009 Number of Days to Update: 79 Next Scheduled EDR Contact: 04/27/2009 Data Release Frequency: Quarterly

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INDIAN UST R1: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont and ten Tribal Nations). Date of Government Version: 03/12/2008 Source: EPA, Region 1 Date Data Arrived at EDR: 03/14/2008 Telephone: 617-918-1313 Date Made Active in Reports: 03/20/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 6 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Varies

INDIAN UST R4: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee and Tribal Nations) Date of Government Version: 06/06/2008 Source: EPA Region 4 Date Data Arrived at EDR: 10/09/2008 Telephone: 404-562-9424 Date Made Active in Reports: 11/19/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 41 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Semi-Annually

INDIAN UST R5: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 5 (Michigan, Minnesota and Wisconsin and Tribal Nations). Date of Government Version: 09/08/2008 Source: EPA Region 5 Date Data Arrived at EDR: 09/19/2008 Telephone: 312-886-6136 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Varies

INDIAN UST R6: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 6 (Louisiana, Arkansas, Oklahoma, New Mexico, Texas and 65 Tribes). Date of Government Version: 11/25/2008 Source: EPA Region 6 Date Data Arrived at EDR: 11/26/2008 Telephone: 214-665-7591 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Semi-Annually

INDIAN UST R7: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 7 (Iowa, Kansas, Missouri, Nebraska, and 9 Tribal Nations). Date of Government Version: 06/01/2007 Source: EPA Region 7 Date Data Arrived at EDR: 06/14/2007 Telephone: 913-551-7003 Date Made Active in Reports: 07/05/2007 Last EDR Contact: 02/20/2009 Number of Days to Update: 21 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Varies

INDIAN UST R8: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 8 (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming and 27 Tribal Nations). Date of Government Version: 12/01/2008 Source: EPA Region 8 Date Data Arrived at EDR: 12/04/2008 Telephone: 303-312-6137 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 19 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Quarterly

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INDIAN UST R10: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 10 (Alaska, Idaho, Oregon, Washington, and Tribal Nations). Date of Government Version: 11/18/2008 Source: EPA Region 10 Date Data Arrived at EDR: 11/19/2008 Telephone: 206-553-2857 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 34 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Quarterly

INDIAN UST R9: Underground Storage Tanks on Indian Land The Indian Underground Storage Tank (UST) database provides information about underground storage tanks on Indian land in EPA Region 9 (Arizona, California, Hawaii, Nevada, the Pacific Islands, and Tribal Nations). Date of Government Version: 09/05/2008 Source: EPA Region 9 Date Data Arrived at EDR: 09/19/2008 Telephone: 415-972-3368 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Quarterly

State and tribal voluntary cleanup sites

INDIAN VCP R7: Voluntary Cleanup Priority Lisitng A listing of voluntary cleanup priority sites located on Indian Land located in Region 7. Date of Government Version: 03/20/2008 Source: EPA, Region 7 Date Data Arrived at EDR: 04/22/2008 Telephone: 913-551-7365 Date Made Active in Reports: 05/19/2008 Last EDR Contact: 01/19/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Varies

INDIAN VCP R1: Voluntary Cleanup Priority Listing A listing of voluntary cleanup priority sites located on Indian Land located in Region 1. Date of Government Version: 04/02/2008 Source: EPA, Region 1 Date Data Arrived at EDR: 04/22/2008 Telephone: 617-918-1102 Date Made Active in Reports: 05/19/2008 Last EDR Contact: 01/19/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Varies

VCP: Voluntary Cleanup Program Properties Contains low threat level properties with either confirmed or unconfirmed releases and the project proponents have request that DTSC oversee investigation and/or cleanup activities and have agreed to provide coverage for DTSC’s costs. Date of Government Version: 11/25/2008 Source: Department of Toxic Substances Control Date Data Arrived at EDR: 11/26/2008 Telephone: 916-323-3400 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 02/24/2009 Number of Days to Update: 62 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: Quarterly ADDITIONAL ENVIRONMENTAL RECORDS

Local Brownfield lists

US BROWNFIELDS: A Listing of Brownfields Sites

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Included in the listing are brownfields properties addresses by Cooperative Agreement Recipients and brownfields properties addressed by Targeted Brownfields Assessments. Targeted Brownfields Assessments-EPA’s Targeted Brownfields Assessments (TBA) program is designed to help states, tribes, and municipalities--especially those without EPA Brownfields Assessment Demonstration Pilots--minimize the uncertainties of contamination often associated with brownfields. Under the TBA program, EPA provides funding and/or technical assistance for environmental assessments at brownfields sites throughout the country. Targeted Brownfields Assessments supplement and work with other efforts under EPA’s Brownfields Initiative to promote cleanup and redevelopment of brownfields. Cooperative Agreement Recipients-States, political subdivisions, territories, and Indian tribes become Brownfields Cleanup Revolving Loan Fund (BCRLF) cooperative agreement recipients when they enter into BCRLF cooperative agreements with the U.S. EPA. EPA selects BCRLF cooperative agreement recipients based on a proposal and application process. BCRLF cooperative agreement recipients must use EPA funds provided through BCRLF cooperative agreement for specified brownfields-related cleanup activities. Date of Government Version: 10/01/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 11/14/2008 Telephone: 202-566-2777 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 02/10/2009 Number of Days to Update: 39 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: Semi-Annually

Local Lists of Landfill / Solid Waste Disposal Sites

DEBRIS REGION 9: Torres Martinez Reservation Illegal Dump Site Locations A listing of illegal dump sites location on the Torres Martinez Indian Reservation located in eastern Riverside County and northern Imperial County, California. Date of Government Version: 03/25/2008 Source: EPA, Region 9 Date Data Arrived at EDR: 04/17/2008 Telephone: 415-972-3336 Date Made Active in Reports: 05/15/2008 Last EDR Contact: 12/22/2008 Number of Days to Update: 28 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: Varies

ODI: Open Dump Inventory An open dump is defined as a disposal facility that does not comply with one or more of the Part 257 or Part 258 Subtitle D Criteria. Date of Government Version: 06/30/1985 Source: Environmental Protection Agency Date Data Arrived at EDR: 08/09/2004 Telephone: 800-424-9346 Date Made Active in Reports: 09/17/2004 Last EDR Contact: 06/09/2004 Number of Days to Update: 39 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned

WMUDS/SWAT: Waste Management Unit Database Waste Management Unit Database System. WMUDS is used by the State Water Resources Control Board staff and the Regional Water Quality Control Boards for program tracking and inventory of waste management units. WMUDS is composed of the following databases: Facility Information, Scheduled Inspections Information, Waste Management Unit Information, SWAT Program Information, SWAT Report Summary Information, SWAT Report Summary Data, Chapter 15 (formerly Subchapter 15) Information, Chapter 15 Monitoring Parameters, TPCA Program Information, RCRA Program Information, Closure Information, and Interested Parties Information. Date of Government Version: 04/01/2000 Source: State Water Resources Control Board Date Data Arrived at EDR: 04/10/2000 Telephone: 916-227-4448 Date Made Active in Reports: 05/10/2000 Last EDR Contact: 12/01/2008 Number of Days to Update: 30 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: Quarterly

SWRCY: Recycler Database A listing of recycling facilities in California. Date of Government Version: 01/05/2009 Source: Department of Conservation Date Data Arrived at EDR: 01/08/2009 Telephone: 916-323-3836 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 01/08/2009 Number of Days to Update: 19 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Quarterly

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HAULERS: Registered Waste Tire Haulers Listing A listing of registered waste tire haulers. Date of Government Version: 12/22/2008 Source: Integrated Waste Management Board Date Data Arrived at EDR: 12/22/2008 Telephone: 916-341-6422 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 12/22/2008 Number of Days to Update: 36 Next Scheduled EDR Contact: 03/09/2009 Data Release Frequency: Varies

INDIAN ODI: Report on the Status of Open Dumps on Indian Lands Location of open dumps on Indian land. Date of Government Version: 12/31/1998 Source: Environmental Protection Agency Date Data Arrived at EDR: 12/03/2007 Telephone: 703-308-8245 Date Made Active in Reports: 01/24/2008 Last EDR Contact: 02/23/2009 Number of Days to Update: 52 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: Varies

Local Lists of Hazardous waste / Contaminated Sites

CDL: Clandestine Drug Labs A listing of clandestine drug lab locations. The U.S. Department of Justice ("the Department") provides this web site as a public service. It contains addresses of some locations where law enforcement agencies reported they found chemicals or other items that indicated the presence of either clandestine drug laboratories or dumpsites. In most cases, the source of the entries is not the Department, and the Department has not verified the entry and does not guarantee its accuracy. Members of the public must verify the accuracy of all entries by, for example, contacting local law enforcement and local health departments. Date of Government Version: 07/01/2008 Source: Drug Enforcement Administration Date Data Arrived at EDR: 10/31/2008 Telephone: 202-307-1000 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 10/31/2008 Number of Days to Update: 53 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: Quarterly

HIST CAL-SITES: Calsites Database The Calsites database contains potential or confirmed hazardous substance release properties. In 1996, California EPA reevaluated and significantly reduced the number of sites in the Calsites database. No longer updated by the state agency. It has been replaced by ENVIROSTOR. Date of Government Version: 08/08/2005 Source: Department of Toxic Substance Control Date Data Arrived at EDR: 08/03/2006 Telephone: 916-323-3400 Date Made Active in Reports: 08/24/2006 Last EDR Contact: 02/23/2009 Number of Days to Update: 21 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: No Update Planned

SCH: School Property Evaluation Program This category contains proposed and existing school sites that are being evaluated by DTSC for possible hazardous materials contamination. In some cases, these properties may be listed in the CalSites category depending on the level of threat to public health and safety or the environment they pose. Date of Government Version: 11/25/2008 Source: Department of Toxic Substances Control Date Data Arrived at EDR: 11/26/2008 Telephone: 916-323-3400 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 02/24/2009 Number of Days to Update: 62 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: Quarterly

TOXIC PITS: Toxic Pits Cleanup Act Sites Toxic PITS Cleanup Act Sites. TOXIC PITS identifies sites suspected of containing hazardous substances where cleanup has not yet been completed.

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Date of Government Version: 07/01/1995 Source: State Water Resources Control Board Date Data Arrived at EDR: 08/30/1995 Telephone: 916-227-4364 Date Made Active in Reports: 09/26/1995 Last EDR Contact: 01/26/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 04/27/2009 Data Release Frequency: No Update Planned

CDL: Clandestine Drug Labs A listing of drug lab locations. Listing of a location in this database does not indicate that any illegal drug lab materials were or were not present there, and does not constitute a determination that the location either requires or does not require additional cleanup work. Date of Government Version: 09/30/2008 Source: Department of Toxic Substances Control Date Data Arrived at EDR: 10/06/2008 Telephone: 916-255-6504 Date Made Active in Reports: 10/13/2008 Last EDR Contact: 02/17/2009 Number of Days to Update: 7 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Varies

Local Lists of Registered Storage Tanks

CA FID UST: Facility Inventory Database The Facility Inventory Database (FID) contains a historical listing of active and inactive underground storage tank locations from the State Water Resource Control Board. Refer to local/county source for current data. Date of Government Version: 10/31/1994 Source: California Environmental Protection Agency Date Data Arrived at EDR: 09/05/1995 Telephone: 916-341-5851 Date Made Active in Reports: 09/29/1995 Last EDR Contact: 12/28/1998 Number of Days to Update: 24 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned

UST MENDOCINO: Mendocino County UST Database A listing of underground storage tank locations in Mendocino County. Date of Government Version: 12/29/2008 Source: Department of Public Health Date Data Arrived at EDR: 12/29/2008 Telephone: 707-463-4466 Date Made Active in Reports: 01/30/2009 Last EDR Contact: 12/22/2008 Number of Days to Update: 32 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: Varies

HIST UST: Hazardous Substance Storage Container Database The Hazardous Substance Storage Container Database is a historical listing of UST sites. Refer to local/county source for current data. Date of Government Version: 10/15/1990 Source: State Water Resources Control Board Date Data Arrived at EDR: 01/25/1991 Telephone: 916-341-5851 Date Made Active in Reports: 02/12/1991 Last EDR Contact: 07/26/2001 Number of Days to Update: 18 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned

SWEEPS UST: SWEEPS UST Listing Statewide Environmental Evaluation and Planning System. This underground storage tank listing was updated and maintained by a company contacted by the SWRCB in the early 1990’s. The listing is no longer updated or maintained. The local agency is the contact for more information on a site on the SWEEPS list. Date of Government Version: 06/01/1994 Source: State Water Resources Control Board Date Data Arrived at EDR: 07/07/2005 Telephone: N/A Date Made Active in Reports: 08/11/2005 Last EDR Contact: 06/03/2005 Number of Days to Update: 35 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned

Local Land Records

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LIENS 2: CERCLA Lien Information A Federal CERCLA (’Superfund’) lien can exist by operation of law at any site or property at which EPA has spent Superfund monies. These monies are spent to investigate and address releases and threatened releases of contamination. CERCLIS provides information as to the identity of these sites and properties. Date of Government Version: 08/19/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 08/29/2008 Telephone: 202-564-6023 Date Made Active in Reports: 09/09/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 11 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Varies

LUCIS: Land Use Control Information System LUCIS contains records of land use control information pertaining to the former Navy Base Realignment and Closure properties. Date of Government Version: 12/09/2005 Source: Department of the Navy Date Data Arrived at EDR: 12/11/2006 Telephone: 843-820-7326 Date Made Active in Reports: 01/11/2007 Last EDR Contact: 12/08/2008 Number of Days to Update: 31 Next Scheduled EDR Contact: 03/09/2009 Data Release Frequency: Varies

LIENS: Environmental Liens Listing A listing of property locations with environmental liens for California where DTSC is a lien holder. Date of Government Version: 11/06/2008 Source: Department of Toxic Substances Control Date Data Arrived at EDR: 11/07/2008 Telephone: 916-323-3400 Date Made Active in Reports: 11/26/2008 Last EDR Contact: 02/02/2009 Number of Days to Update: 19 Next Scheduled EDR Contact: 05/04/2009 Data Release Frequency: Varies

DEED: Deed Restriction Listing Site Mitigation and Brownfields Reuse Program Facility Sites with Deed Restrictions & Hazardous Waste Management Program Facility Sites with Deed / Land Use Restriction. The DTSC Site Mitigation and Brownfields Reuse Program (SMBRP) list includes sites cleaned up under the program’s oversight and generally does not include current or former hazardous waste facilities that required a hazardous waste facility permit. The list represents deed restrictions that are active. Some sites have multiple deed restrictions. The DTSC Hazardous Waste Management Program (HWMP) has developed a list of current or former hazardous waste facilities that have a recorded land use restriction at the local county recorder’s office. The land use restrictions on this list were required by the DTSC HWMP as a result of the presence of hazardous substances that remain on site after the facility (or part of the facility) has been closed or cleaned up. The types of land use restriction include deed notice, deed restriction, or a land use restriction that binds current and future owners. Date of Government Version: 12/30/2008 Source: Department of Toxic Substances Control Date Data Arrived at EDR: 12/30/2008 Telephone: 916-323-3400 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 12/30/2009 Number of Days to Update: 28 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Semi-Annually

Records of Emergency Release Reports

HMIRS: Hazardous Materials Information Reporting System Hazardous Materials Incident Report System. HMIRS contains hazardous material spill incidents reported to DOT. Date of Government Version: 09/30/2008 Source: U.S. Department of Transportation Date Data Arrived at EDR: 10/16/2008 Telephone: 202-366-4555 Date Made Active in Reports: 11/19/2008 Last EDR Contact: 01/30/2009 Number of Days to Update: 34 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: Annually

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CHMIRS: California Hazardous Material Incident Report System California Hazardous Material Incident Reporting System. CHMIRS contains information on reported hazardous material incidents (accidental releases or spills). Date of Government Version: 12/31/2007 Source: Office of Emergency Services Date Data Arrived at EDR: 05/09/2008 Telephone: 916-845-8400 Date Made Active in Reports: 06/20/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 42 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Varies

LDS: Land Disposal Sites Listing The Land Disposal program regulates of waste discharge to land for treatment, storage and disposal in waste management units. Date of Government Version: 01/06/2009 Source: State Water Qualilty Control Board Date Data Arrived at EDR: 01/08/2009 Telephone: 866-480-1028 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 01/08/2009 Number of Days to Update: 19 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Quarterly

MCS: Military Cleanup Sites Listing The State Water Resources Control Board and nine Regional Water Quality Control Boards partner with the Department of Defense (DoD) through the Defense and State Memorandum of Agreement (DSMOA) to oversee the investigation and remediation of water quality issues at military facilities. Date of Government Version: 01/06/2009 Source: State Water Resources Control Board Date Data Arrived at EDR: 01/08/2009 Telephone: 866-480-1028 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 01/08/2009 Number of Days to Update: 19 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Quarterly

Other Ascertainable Records

RCRA-NonGen: RCRA - Non Generators RCRAInfo is EPA’s comprehensive information system, providing access to data supporting the Resource Conservation and Recovery Act (RCRA) of 1976 and the Hazardous and Solid Waste Amendments (HSWA) of 1984. The database includes selective information on sites which generate, transport, store, treat and/or dispose of hazardous waste as defined by the Resource Conservation and Recovery Act (RCRA). Non-Generators do not presently generate hazardous waste. Date of Government Version: 09/10/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 09/23/2008 Telephone: (415) 495-8895 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 02/20/2009 Number of Days to Update: 23 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Varies

DOT OPS: Incident and Accident Data Department of Transporation, Office of Pipeline Safety Incident and Accident data. Date of Government Version: 05/14/2008 Source: Department of Transporation, Office of Pipeline Safety Date Data Arrived at EDR: 05/28/2008 Telephone: 202-366-4595 Date Made Active in Reports: 08/08/2008 Last EDR Contact: 02/24/2009 Number of Days to Update: 72 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: Varies

DOD: Department of Defense Sites This data set consists of federally owned or administered lands, administered by the Department of Defense, that have any area equal to or greater than 640 acres of the United States, Puerto Rico, and the U.S. Virgin Islands.

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Date of Government Version: 12/31/2005 Source: USGS Date Data Arrived at EDR: 11/10/2006 Telephone: 703-692-8801 Date Made Active in Reports: 01/11/2007 Last EDR Contact: 02/06/2009 Number of Days to Update: 62 Next Scheduled EDR Contact: 05/04/2009 Data Release Frequency: Semi-Annually

FUDS: Formerly Used Defense Sites The listing includes locations of Formerly Used Defense Sites properties where the US Army Corps of Engineers is actively working or will take necessary cleanup actions. Date of Government Version: 12/31/2007 Source: U.S. Army Corps of Engineers Date Data Arrived at EDR: 09/05/2008 Telephone: 202-528-4285 Date Made Active in Reports: 09/23/2008 Last EDR Contact: 12/29/2008 Number of Days to Update: 18 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Varies

CONSENT: Superfund (CERCLA) Consent Decrees Major legal settlements that establish responsibility and standards for cleanup at NPL (Superfund) sites. Released periodically by United States District Courts after settlement by parties to litigation matters. Date of Government Version: 09/15/2008 Source: Department of Justice, Consent Decree Library Date Data Arrived at EDR: 10/22/2008 Telephone: Varies Date Made Active in Reports: 12/23/2008 Last EDR Contact: 01/19/2009 Number of Days to Update: 62 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Varies

ROD: Records Of Decision Record of Decision. ROD documents mandate a permanent remedy at an NPL (Superfund) site containing technical and health information to aid in the cleanup. Date of Government Version: 10/21/2008 Source: EPA Date Data Arrived at EDR: 10/29/2008 Telephone: 703-416-0223 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 12/29/2008 Number of Days to Update: 55 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Annually

UMTRA: Uranium Mill Tailings Sites Uranium ore was mined by private companies for federal government use in national defense programs. When the mills shut down, large piles of the sand-like material (mill tailings) remain after uranium has been extracted from the ore. Levels of human exposure to radioactive materials from the piles are low; however, in some cases tailings were used as construction materials before the potential health hazards of the tailings were recognized. Date of Government Version: 07/13/2007 Source: Department of Energy Date Data Arrived at EDR: 12/03/2007 Telephone: 505-845-0011 Date Made Active in Reports: 01/24/2008 Last EDR Contact: 12/17/2008 Number of Days to Update: 52 Next Scheduled EDR Contact: 03/16/2009 Data Release Frequency: Varies

MINES: Mines Master Index File Contains all mine identification numbers issued for mines active or opened since 1971. The data also includes violation information. Date of Government Version: 08/07/2008 Source: Department of Labor, Mine Safety and Health Administration Date Data Arrived at EDR: 09/23/2008 Telephone: 303-231-5959 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 12/23/2008 Number of Days to Update: 23 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: Semi-Annually

TRIS: Toxic Chemical Release Inventory System Toxic Release Inventory System. TRIS identifies facilities which release toxic chemicals to the air, water and land in reportable quantities under SARA Title III Section 313.

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Date of Government Version: 12/31/2006 Source: EPA Date Data Arrived at EDR: 02/29/2008 Telephone: 202-566-0250 Date Made Active in Reports: 04/18/2008 Last EDR Contact: 09/19/2008 Number of Days to Update: 49 Next Scheduled EDR Contact: 12/15/2008 Data Release Frequency: Annually

TSCA: Toxic Substances Control Act Toxic Substances Control Act. TSCA identifies manufacturers and importers of chemical substances included on the TSCA Chemical Substance Inventory list. It includes data on the production volume of these substances by plant site. Date of Government Version: 12/31/2002 Source: EPA Date Data Arrived at EDR: 04/14/2006 Telephone: 202-260-5521 Date Made Active in Reports: 05/30/2006 Last EDR Contact: 02/18/2009 Number of Days to Update: 46 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: Every 4 Years

FTTS: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) FTTS tracks administrative cases and pesticide enforcement actions and compliance activities related to FIFRA, TSCA and EPCRA (Emergency Planning and Community Right-to-Know Act). To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 10/08/2008 Source: EPA/Office of Prevention, Pesticides and Toxic Substances Date Data Arrived at EDR: 10/17/2008 Telephone: 202-566-1667 Date Made Active in Reports: 12/08/2008 Last EDR Contact: 12/15/2008 Number of Days to Update: 52 Next Scheduled EDR Contact: 03/16/2009 Data Release Frequency: Quarterly

FTTS INSP: FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) A listing of FIFRA/TSCA Tracking System (FTTS) inspections and enforcements. Date of Government Version: 10/08/2008 Source: EPA Date Data Arrived at EDR: 10/17/2008 Telephone: 202-566-1667 Date Made Active in Reports: 12/08/2008 Last EDR Contact: 12/15/2008 Number of Days to Update: 52 Next Scheduled EDR Contact: 03/16/2009 Data Release Frequency: Quarterly

HIST FTTS: FIFRA/TSCA Tracking System Administrative Case Listing A complete administrative case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated. Date of Government Version: 10/19/2006 Source: Environmental Protection Agency Date Data Arrived at EDR: 03/01/2007 Telephone: 202-564-2501 Date Made Active in Reports: 04/10/2007 Last EDR Contact: 12/17/2007 Number of Days to Update: 40 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned

HIST FTTS INSP: FIFRA/TSCA Tracking System Inspection & Enforcement Case Listing A complete inspection and enforcement case listing from the FIFRA/TSCA Tracking System (FTTS) for all ten EPA regions. The information was obtained from the National Compliance Database (NCDB). NCDB supports the implementation of FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act) and TSCA (Toxic Substances Control Act). Some EPA regions are now closing out records. Because of that, and the fact that some EPA regions are not providing EPA Headquarters with updated records, it was decided to create a HIST FTTS database. It included records that may not be included in the newer FTTS database updates. This database is no longer updated.

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Date of Government Version: 10/19/2006 Source: Environmental Protection Agency Date Data Arrived at EDR: 03/01/2007 Telephone: 202-564-2501 Date Made Active in Reports: 04/10/2007 Last EDR Contact: 12/17/2008 Number of Days to Update: 40 Next Scheduled EDR Contact: 03/17/2008 Data Release Frequency: No Update Planned

SSTS: Section 7 Tracking Systems Section 7 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended (92 Stat. 829) requires all registered pesticide-producing establishments to submit a report to the Environmental Protection Agency by March 1st each year. Each establishment must report the types and amounts of pesticides, active ingredients and devices being produced, and those having been produced and sold or distributed in the past year. Date of Government Version: 12/31/2006 Source: EPA Date Data Arrived at EDR: 03/14/2008 Telephone: 202-564-4203 Date Made Active in Reports: 04/18/2008 Last EDR Contact: 12/04/2008 Number of Days to Update: 35 Next Scheduled EDR Contact: 01/12/2009 Data Release Frequency: Annually

ICIS: Integrated Compliance Information System The Integrated Compliance Information System (ICIS) supports the information needs of the national enforcement and compliance program as well as the unique needs of the National Pollutant Discharge Elimination System (NPDES) program. Date of Government Version: 07/31/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 08/13/2008 Telephone: 202-564-5088 Date Made Active in Reports: 09/09/2008 Last EDR Contact: 01/12/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: Quarterly

PADS: PCB Activity Database System PCB Activity Database. PADS Identifies generators, transporters, commercial storers and/or brokers and disposers of PCB’s who are required to notify the EPA of such activities. Date of Government Version: 12/04/2007 Source: EPA Date Data Arrived at EDR: 02/07/2008 Telephone: 202-566-0500 Date Made Active in Reports: 03/17/2008 Last EDR Contact: 02/02/2009 Number of Days to Update: 39 Next Scheduled EDR Contact: 05/04/2009 Data Release Frequency: Annually

MLTS: Material Licensing Tracking System MLTS is maintained by the Nuclear Regulatory Commission and contains a list of approximately 8,100 sites which possess or use radioactive materials and which are subject to NRC licensing requirements. To maintain currency, EDR contacts the Agency on a quarterly basis. Date of Government Version: 10/03/2008 Source: Nuclear Regulatory Commission Date Data Arrived at EDR: 10/15/2008 Telephone: 301-415-7169 Date Made Active in Reports: 11/19/2008 Last EDR Contact: 12/29/2008 Number of Days to Update: 35 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Quarterly

RADINFO: Radiation Information Database The Radiation Information Database (RADINFO) contains information about facilities that are regulated by U.S. Environmental Protection Agency (EPA) regulations for radiation and radioactivity. Date of Government Version: 10/28/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 10/29/2008 Telephone: 202-343-9775 Date Made Active in Reports: 12/08/2008 Last EDR Contact: 01/30/2009 Number of Days to Update: 40 Next Scheduled EDR Contact: 04/27/2009 Data Release Frequency: Quarterly

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FINDS: Facility Index System/Facility Registry System Facility Index System. FINDS contains both facility information and ’pointers’ to other sources that contain more detail. EDR includes the following FINDS databases in this report: PCS (Permit Compliance System), AIRS (Aerometric Information Retrieval System), DOCKET (Enforcement Docket used to manage and track information on civil judicial enforcement cases for all environmental statutes), FURS (Federal Underground Injection Control), C-DOCKET (Criminal Docket System used to track criminal enforcement actions for all environmental statutes), FFIS (Federal Facilities Information System), STATE (State Environmental Laws and Statutes), and PADS (PCB Activity Data System). Date of Government Version: 10/30/2008 Source: EPA Date Data Arrived at EDR: 10/31/2008 Telephone: (415) 947-8000 Date Made Active in Reports: 12/23/2008 Last EDR Contact: 12/29/2008 Number of Days to Update: 53 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Quarterly

RAATS: RCRA Administrative Action Tracking System RCRA Administration Action Tracking System. RAATS contains records based on enforcement actions issued under RCRA pertaining to major violators and includes administrative and civil actions brought by the EPA. For administration actions after September 30, 1995, data entry in the RAATS database was discontinued. EPA will retain a copy of the database for historical records. It was necessary to terminate RAATS because a decrease in agency resources made it impossible to continue to update the information contained in the database. Date of Government Version: 04/17/1995 Source: EPA Date Data Arrived at EDR: 07/03/1995 Telephone: 202-564-4104 Date Made Active in Reports: 08/07/1995 Last EDR Contact: 06/02/2008 Number of Days to Update: 35 Next Scheduled EDR Contact: 09/01/2008 Data Release Frequency: No Update Planned

BRS: Biennial Reporting System The Biennial Reporting System is a national system administered by the EPA that collects data on the generation and management of hazardous waste. BRS captures detailed data from two groups: Large Quantity Generators (LQG) and Treatment, Storage, and Disposal Facilities. Date of Government Version: 12/31/2005 Source: EPA/NTIS Date Data Arrived at EDR: 03/06/2007 Telephone: 800-424-9346 Date Made Active in Reports: 04/13/2007 Last EDR Contact: 02/19/2009 Number of Days to Update: 38 Next Scheduled EDR Contact: 06/08/2009 Data Release Frequency: Biennially

CA BOND EXP. PLAN: Bond Expenditure Plan Department of Health Services developed a site-specific expenditure plan as the basis for an appropriation of Hazardous Substance Cleanup Bond Act funds. It is not updated. Date of Government Version: 01/01/1989 Source: Department of Health Services Date Data Arrived at EDR: 07/27/1994 Telephone: 916-255-2118 Date Made Active in Reports: 08/02/1994 Last EDR Contact: 05/31/1994 Number of Days to Update: 6 Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned

CA WDS: Waste Discharge System Sites which have been issued waste discharge requirements. Date of Government Version: 06/19/2007 Source: State Water Resources Control Board Date Data Arrived at EDR: 06/20/2007 Telephone: 916-341-5227 Date Made Active in Reports: 06/29/2007 Last EDR Contact: 12/15/2008 Number of Days to Update: 9 Next Scheduled EDR Contact: 03/16/2009 Data Release Frequency: Quarterly

CORTESE: "Cortese" Hazardous Waste & Substances Sites List The sites for the list are designated by the State Water Resource Control Board (LUST), the Integrated Waste Board (SWF/LS), and the Department of Toxic Substances Control (Cal-Sites). This listing is no longer updated by the state agency.

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Date of Government Version: 04/01/2001 Source: CAL EPA/Office of Emergency Information Date Data Arrived at EDR: 05/29/2001 Telephone: 916-323-3400 Date Made Active in Reports: 07/26/2001 Last EDR Contact: 01/22/2009 Number of Days to Update: 58 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: No Update Planned

NOTIFY 65: Proposition 65 Records Proposition 65 Notification Records. NOTIFY 65 contains facility notifications about any release which could impact drinking water and thereby expose the public to a potential health risk. Date of Government Version: 10/21/1993 Source: State Water Resources Control Board Date Data Arrived at EDR: 11/01/1993 Telephone: 916-445-3846 Date Made Active in Reports: 11/19/1993 Last EDR Contact: 01/12/2009 Number of Days to Update: 18 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: No Update Planned

DRYCLEANERS: Cleaner Facilities A list of drycleaner related facilities that have EPA ID numbers. These are facilities with certain SIC codes: power laundries, family and commercial; garment pressing and cleaner’s agents; linen supply; coin-operated laundries and cleaning; drycleaning plants, except rugs; carpet and upholster cleaning; industrial launderers; laundry and garment services. Date of Government Version: 09/23/2008 Source: Department of Toxic Substance Control Date Data Arrived at EDR: 09/24/2008 Telephone: 916-327-4498 Date Made Active in Reports: 09/29/2008 Last EDR Contact: 02/11/2009 Number of Days to Update: 5 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Annually

WIP: Well Investigation Program Case List Well Investigation Program case in the San Gabriel and San Fernando Valley area. Date of Government Version: 10/31/2008 Source: Los Angeles Water Quality Control Board Date Data Arrived at EDR: 11/03/2008 Telephone: 213-576-6726 Date Made Active in Reports: 11/26/2008 Last EDR Contact: 01/23/2009 Number of Days to Update: 23 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Varies

HAZNET: Facility and Manifest Data Facility and Manifest Data. The data is extracted from the copies of hazardous waste manifests received each year by the DTSC. The annual volume of manifests is typically 700,000 - 1,000,000 annually, representing approximately 350,000 - 500,000 shipments. Data are from the manifests submitted without correction, and therefore many contain some invalid values for data elements such as generator ID, TSD ID, waste category, and disposal method. Date of Government Version: 12/31/2006 Source: California Environmental Protection Agency Date Data Arrived at EDR: 10/04/2007 Telephone: 916-255-1136 Date Made Active in Reports: 11/07/2007 Last EDR Contact: 02/17/2009 Number of Days to Update: 34 Next Scheduled EDR Contact: 05/04/2008 Data Release Frequency: Annually

EMI: Emissions Inventory Data Toxics and criteria pollutant emissions data collected by the ARB and local air pollution agencies. Date of Government Version: 12/31/2006 Source: California Air Resources Board Date Data Arrived at EDR: 10/16/2008 Telephone: 916-322-2990 Date Made Active in Reports: 11/26/2008 Last EDR Contact: 01/16/2009 Number of Days to Update: 41 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: Varies

INDIAN RESERV: Indian Reservations This map layer portrays Indian administered lands of the United States that have any area equal to or greater than 640 acres.

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Date of Government Version: 12/31/2005 Source: USGS Date Data Arrived at EDR: 12/08/2006 Telephone: 202-208-3710 Date Made Active in Reports: 01/11/2007 Last EDR Contact: 02/06/2009 Number of Days to Update: 34 Next Scheduled EDR Contact: 05/04/2009 Data Release Frequency: Semi-Annually

SCRD DRYCLEANERS: State Coalition for Remediation of Drycleaners Listing The State Coalition for Remediation of Drycleaners was established in 1998, with support from the U.S. EPA Office of Superfund Remediation and Technology Innovation. It is comprised of representatives of states with established drycleaner remediation programs. Currently the member states are Alabama, Connecticut, Florida, Illinois, Kansas, Minnesota, Missouri, North Carolina, Oregon, South Carolina, Tennessee, Texas, and Wisconsin. Date of Government Version: 09/08/2008 Source: Environmental Protection Agency Date Data Arrived at EDR: 09/10/2008 Telephone: 615-532-8599 Date Made Active in Reports: 09/23/2008 Last EDR Contact: 02/23/2009 Number of Days to Update: 13 Next Scheduled EDR Contact: 05/11/2009 Data Release Frequency: Varies

FEDLAND: Federal and Indian Lands Federally and Indian administrated lands of the United States. Lands included are administrated by: Army Corps of Engineers, Bureau of Reclamation, National Wild and Scenic River, National Wildlife Refuge, Public Domain Land, Wilderness, Wilderness Study Area, Wildlife Management Area, Bureau of Indian Affairs, Bureau of Land Management, Department of Justice, Forest Service, Fish and Wildlife Service, National Park Service. Date of Government Version: 12/31/2005 Source: U.S. Geological Survey Date Data Arrived at EDR: 02/06/2006 Telephone: 888-275-8747 Date Made Active in Reports: 01/11/2007 Last EDR Contact: 02/06/2009 Number of Days to Update: 339 Next Scheduled EDR Contact: 05/04/2009 Data Release Frequency: N/A EDR PROPRIETARY RECORDS

EDR Proprietary Records

Manufactured Gas Plants: EDR Proprietary Manufactured Gas Plants The EDR Proprietary Manufactured Gas Plant Database includes records of coal gas plants (manufactured gas plants) compiled by EDR’s researchers. Manufactured gas sites were used in the United States from the 1800’s to 1950’s to produce a gas that could be distributed and used as fuel. These plants used whale oil, rosin, coal, or a mixture of coal, oil, and water that also produced a significant amount of waste. Many of the byproducts of the gas production, such as coal tar (oily waste containing volatile and non-volatile chemicals), sludges, oils and other compounds are potentially hazardous to human health and the environment. The byproduct from this process was frequently disposed of directly at the plant site and can remain or spread slowly, serving as a continuous source of soil and groundwater contamination. Date of Government Version: N/A Source: EDR, Inc. Date Data Arrived at EDR: N/A Telephone: N/A Date Made Active in Reports: N/A Last EDR Contact: N/A Number of Days to Update: N/A Next Scheduled EDR Contact: N/A Data Release Frequency: No Update Planned COUNTY RECORDS

ALAMEDA COUNTY:

Contaminated Sites A listing of contaminated sites overseen by the Toxic Release Program (oil and groundwater contamination from chemical releases and spills) and the Leaking Underground Storage Tank Program (soil and ground water contamination from leaking petroleum USTs).

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Date of Government Version: 10/28/2008 Source: Alameda County Environmental Health Services Date Data Arrived at EDR: 10/30/2008 Telephone: 510-567-6700 Date Made Active in Reports: 11/26/2008 Last EDR Contact: 01/19/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Semi-Annually

Underground Tanks Underground storage tank sites located in Alameda county. Date of Government Version: 10/28/2008 Source: Alameda County Environmental Health Services Date Data Arrived at EDR: 10/30/2008 Telephone: 510-567-6700 Date Made Active in Reports: 12/05/2008 Last EDR Contact: 01/19/2009 Number of Days to Update: 36 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Semi-Annually

CONTRA COSTA COUNTY:

Site List List includes sites from the underground tank, hazardous waste generator and business plan/2185 programs. Date of Government Version: 11/24/2008 Source: Contra Costa Health Services Department Date Data Arrived at EDR: 11/25/2008 Telephone: 925-646-2286 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 02/23/2009 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: Semi-Annually

FRESNO COUNTY:

CUPA Resources List Certified Unified Program Agency. CUPA’s are responsible for implementing a unified hazardous materials and hazardous waste management regulatory program. The agency provides oversight of businesses that deal with hazardous materials, operate underground storage tanks or aboveground storage tanks. Date of Government Version: 01/14/2009 Source: Dept. of Community Health Date Data Arrived at EDR: 01/15/2009 Telephone: 559-445-3271 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 02/02/2009 Number of Days to Update: 12 Next Scheduled EDR Contact: 05/04/2009 Data Release Frequency: Semi-Annually

KERN COUNTY:

Underground Storage Tank Sites & Tank Listing Kern County Sites and Tanks Listing. Date of Government Version: 01/06/2009 Source: Kern County Environment Health Services Department Date Data Arrived at EDR: 01/07/2009 Telephone: 661-862-8700 Date Made Active in Reports: 01/30/2009 Last EDR Contact: 12/15/2008 Number of Days to Update: 23 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: Quarterly

LOS ANGELES COUNTY:

San Gabriel Valley Areas of Concern San Gabriel Valley areas where VOC contamination is at or above the MCL as designated by region 9 EPA office.

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Date of Government Version: 12/31/1998 Source: EPA Region 9 Date Data Arrived at EDR: 07/07/1999 Telephone: 415-972-3178 Date Made Active in Reports: N/A Last EDR Contact: 02/20/2009 Number of Days to Update: 0 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: No Update Planned

HMS: Street Number List Industrial Waste and Underground Storage Tank Sites. Date of Government Version: 07/31/2008 Source: Department of Public Works Date Data Arrived at EDR: 10/17/2008 Telephone: 626-458-3517 Date Made Active in Reports: 11/26/2008 Last EDR Contact: 02/09/2009 Number of Days to Update: 40 Next Scheduled EDR Contact: 05/11/2009 Data Release Frequency: Semi-Annually

List of Solid Waste Facilities Solid Waste Facilities in Los Angeles County. Date of Government Version: 11/10/2008 Source: La County Department of Public Works Date Data Arrived at EDR: 11/25/2008 Telephone: 818-458-5185 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 02/11/2009 Number of Days to Update: 63 Next Scheduled EDR Contact: 05/11/2009 Data Release Frequency: Varies

City of Los Angeles Landfills Landfills owned and maintained by the City of Los Angeles. Date of Government Version: 03/01/2008 Source: Engineering & Construction Division Date Data Arrived at EDR: 03/20/2008 Telephone: 213-473-7869 Date Made Active in Reports: 04/14/2008 Last EDR Contact: 12/08/2008 Number of Days to Update: 25 Next Scheduled EDR Contact: 03/09/2009 Data Release Frequency: Varies

Site Mitigation List Industrial sites that have had some sort of spill or complaint. Date of Government Version: 02/14/2008 Source: Community Health Services Date Data Arrived at EDR: 04/10/2008 Telephone: 323-890-7806 Date Made Active in Reports: 05/06/2008 Last EDR Contact: 02/09/2009 Number of Days to Update: 26 Next Scheduled EDR Contact: 05/11/2009 Data Release Frequency: Annually

City of El Segundo Underground Storage Tank Underground storage tank sites located in El Segundo city. Date of Government Version: 09/19/2008 Source: City of El Segundo Fire Department Date Data Arrived at EDR: 10/06/2008 Telephone: 310-524-2236 Date Made Active in Reports: 10/16/2008 Last EDR Contact: 02/09/2009 Number of Days to Update: 10 Next Scheduled EDR Contact: 05/11/2009 Data Release Frequency: Semi-Annually

City of Long Beach Underground Storage Tank Underground storage tank sites located in the city of Long Beach. Date of Government Version: 03/28/2003 Source: City of Long Beach Fire Department Date Data Arrived at EDR: 10/23/2003 Telephone: 562-570-2563 Date Made Active in Reports: 11/26/2003 Last EDR Contact: 02/20/2009 Number of Days to Update: 34 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Annually

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City of Torrance Underground Storage Tank Underground storage tank sites located in the city of Torrance. Date of Government Version: 12/11/2008 Source: City of Torrance Fire Department Date Data Arrived at EDR: 12/11/2008 Telephone: 310-618-2973 Date Made Active in Reports: 01/30/2009 Last EDR Contact: 02/23/2009 Number of Days to Update: 50 Next Scheduled EDR Contact: 05/11/2009 Data Release Frequency: Semi-Annually

MARIN COUNTY:

Underground Storage Tank Sites Currently permitted USTs in Marin County. Date of Government Version: 08/04/2008 Source: Public Works Department Waste Management Date Data Arrived at EDR: 08/29/2008 Telephone: 415-499-6647 Date Made Active in Reports: 09/15/2008 Last EDR Contact: 01/26/2009 Number of Days to Update: 17 Next Scheduled EDR Contact: 04/27/2009 Data Release Frequency: Semi-Annually

NAPA COUNTY:

Sites With Reported Contamination A listing of leaking underground storage tank sites located in Napa county. Date of Government Version: 07/09/2008 Source: Napa County Department of Environmental Management Date Data Arrived at EDR: 07/09/2008 Telephone: 707-253-4269 Date Made Active in Reports: 07/31/2008 Last EDR Contact: 12/22/2008 Number of Days to Update: 22 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: Semi-Annually

Closed and Operating Underground Storage Tank Sites Underground storage tank sites located in Napa county. Date of Government Version: 01/15/2008 Source: Napa County Department of Environmental Management Date Data Arrived at EDR: 01/16/2008 Telephone: 707-253-4269 Date Made Active in Reports: 02/08/2008 Last EDR Contact: 12/22/2008 Number of Days to Update: 23 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: Annually

ORANGE COUNTY:

List of Industrial Site Cleanups Petroleum and non-petroleum spills. Date of Government Version: 12/02/2008 Source: Health Care Agency Date Data Arrived at EDR: 12/16/2008 Telephone: 714-834-3446 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 12/02/2008 Number of Days to Update: 42 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: Annually

List of Underground Storage Tank Cleanups Orange County Underground Storage Tank Cleanups (LUST). Date of Government Version: 12/02/2008 Source: Health Care Agency Date Data Arrived at EDR: 12/23/2008 Telephone: 714-834-3446 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 12/02/2008 Number of Days to Update: 35 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: Quarterly

TC2428470.2s Page GR-25 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

List of Underground Storage Tank Facilities Orange County Underground Storage Tank Facilities (UST). Date of Government Version: 12/02/2008 Source: Health Care Agency Date Data Arrived at EDR: 12/23/2008 Telephone: 714-834-3446 Date Made Active in Reports: 01/30/2009 Last EDR Contact: 12/02/2009 Number of Days to Update: 38 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: Quarterly

PLACER COUNTY:

Master List of Facilities List includes aboveground tanks, underground tanks and cleanup sites. Date of Government Version: 07/23/2007 Source: Placer County Health and Human Services Date Data Arrived at EDR: 07/23/2007 Telephone: 530-889-7312 Date Made Active in Reports: 08/09/2007 Last EDR Contact: 02/09/2009 Number of Days to Update: 17 Next Scheduled EDR Contact: 03/16/2009 Data Release Frequency: Semi-Annually

RIVERSIDE COUNTY:

Listing of Underground Tank Cleanup Sites Riverside County Underground Storage Tank Cleanup Sites (LUST). Date of Government Version: 11/06/2008 Source: Department of Public Health Date Data Arrived at EDR: 11/17/2008 Telephone: 951-358-5055 Date Made Active in Reports: 11/26/2008 Last EDR Contact: 01/26/2009 Number of Days to Update: 9 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: Quarterly

Underground Storage Tank Tank List Underground storage tank sites located in Riverside county. Date of Government Version: 11/12/2008 Source: Health Services Agency Date Data Arrived at EDR: 11/25/2008 Telephone: 951-358-5055 Date Made Active in Reports: 12/05/2008 Last EDR Contact: 01/26/2009 Number of Days to Update: 10 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: Quarterly

SACRAMENTO COUNTY:

Contaminated Sites List of sites where unauthorized releases of potentially hazardous materials have occurred. Date of Government Version: 09/08/2008 Source: Sacramento County Environmental Management Date Data Arrived at EDR: 12/02/2008 Telephone: 916-875-8406 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 01/30/2009 Number of Days to Update: 56 Next Scheduled EDR Contact: 04/27/2009 Data Release Frequency: Quarterly

ML - Regulatory Compliance Master List Any business that has hazardous materials on site - hazardous material storage sites, underground storage tanks, waste generators. Date of Government Version: 09/08/2008 Source: Sacramento County Environmental Management Date Data Arrived at EDR: 10/29/2008 Telephone: 916-875-8406 Date Made Active in Reports: 11/26/2008 Last EDR Contact: 01/30/2009 Number of Days to Update: 28 Next Scheduled EDR Contact: 04/27/2009 Data Release Frequency: Quarterly

SAN BERNARDINO COUNTY:

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Hazardous Material Permits This listing includes underground storage tanks, medical waste handlers/generators, hazardous materials handlers, hazardous waste generators, and waste oil generators/handlers. Date of Government Version: 01/07/2009 Source: San Bernardino County Fire Department Hazardous Materials Division Date Data Arrived at EDR: 01/09/2009 Telephone: 909-387-3041 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 12/01/2008 Number of Days to Update: 18 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: Quarterly

SAN DIEGO COUNTY:

Hazardous Materials Management Division Database The database includes: HE58 - This report contains the business name, site address, business phone number, establishment ’H’ permit number, type of permit, and the business status. HE17 - In addition to providing the same information provided in the HE58 listing, HE17 provides inspection dates, violations received by the establishment, hazardous waste generated, the quantity, method of storage, treatment/disposal of waste and the hauler, and information on underground storage tanks. Unauthorized Release List - Includes a summary of environmental contamination cases in San Diego County (underground tank cases, non-tank cases, groundwater contamination, and soil contamination are included.) Date of Government Version: 07/16/2008 Source: Hazardous Materials Management Division Date Data Arrived at EDR: 10/29/2008 Telephone: 619-338-2268 Date Made Active in Reports: 11/26/2008 Last EDR Contact: 12/31/2008 Number of Days to Update: 28 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Quarterly

Solid Waste Facilities San Diego County Solid Waste Facilities. Date of Government Version: 11/01/2008 Source: Department of Health Services Date Data Arrived at EDR: 12/23/2008 Telephone: 619-338-2209 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 02/16/2009 Number of Days to Update: 35 Next Scheduled EDR Contact: 11/17/2008 Data Release Frequency: Varies

Environmental Case Listing The listing contains all underground tank release cases and projects pertaining to properties contaminated with hazardous substances that are actively under review by the Site Assessment and Mitigation Program. Date of Government Version: 11/05/2008 Source: San Diego County Department of Environmental Health Date Data Arrived at EDR: 12/30/2008 Telephone: 619-338-2371 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 12/30/2008 Number of Days to Update: 28 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Varies

SAN FRANCISCO COUNTY:

Local Oversite Facilities A listing of leaking underground storage tank sites located in San Francisco county. Date of Government Version: 09/19/2008 Source: Department Of Public Health San Francisco County Date Data Arrived at EDR: 09/19/2008 Telephone: 415-252-3920 Date Made Active in Reports: 09/29/2008 Last EDR Contact: 12/01/2008 Number of Days to Update: 10 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: Quarterly

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Underground Storage Tank Information Underground storage tank sites located in San Francisco county. Date of Government Version: 09/19/2008 Source: Department of Public Health Date Data Arrived at EDR: 09/19/2008 Telephone: 415-252-3920 Date Made Active in Reports: 10/01/2008 Last EDR Contact: 12/01/2008 Number of Days to Update: 12 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: Quarterly

SAN JOAQUIN COUNTY:

San Joaquin Co. UST A listing of underground storage tank locations in San Joaquin county. Date of Government Version: 11/07/2008 Source: Environmental Health Department Date Data Arrived at EDR: 12/03/2008 Telephone: N/A Date Made Active in Reports: 01/30/2009 Last EDR Contact: 01/12/2009 Number of Days to Update: 58 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: Semi-Annually

SAN MATEO COUNTY:

Business Inventory List includes Hazardous Materials Business Plan, hazardous waste generators, and underground storage tanks. Date of Government Version: 11/19/2008 Source: San Mateo County Environmental Health Services Division Date Data Arrived at EDR: 11/19/2008 Telephone: 650-363-1921 Date Made Active in Reports: 11/26/2008 Last EDR Contact: 01/05/2009 Number of Days to Update: 7 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Annually

Fuel Leak List A listing of leaking underground storage tank sites located in San Mateo county. Date of Government Version: 01/05/2009 Source: San Mateo County Environmental Health Services Division Date Data Arrived at EDR: 01/06/2009 Telephone: 650-363-1921 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 01/05/2009 Number of Days to Update: 21 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Semi-Annually

SANTA CLARA COUNTY:

HIST LUST - Fuel Leak Site Activity Report A listing of open and closed leaking underground storage tanks. This listing is no longer updated by the county. Leaking underground storage tanks are now handled by the Department of Environmental Health. Date of Government Version: 03/29/2005 Source: Santa Clara Valley Water District Date Data Arrived at EDR: 03/30/2005 Telephone: 408-265-2600 Date Made Active in Reports: 04/21/2005 Last EDR Contact: 12/22/2008 Number of Days to Update: 22 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: No Update Planned

LOP Listing A listing of leaking underground storage tanks located in Santa Clara county. Date of Government Version: 12/29/2008 Source: Department of Environmental Health Date Data Arrived at EDR: 12/29/2008 Telephone: 408-918-3417 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 12/22/2008 Number of Days to Update: 29 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: Varies

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Hazardous Material Facilities Hazardous material facilities, including underground storage tank sites. Date of Government Version: 12/01/2008 Source: City of San Jose Fire Department Date Data Arrived at EDR: 12/04/2008 Telephone: 408-277-4659 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 12/01/2008 Number of Days to Update: 54 Next Scheduled EDR Contact: 03/02/2009 Data Release Frequency: Annually

SOLANO COUNTY:

Leaking Underground Storage Tanks A listing of leaking underground storage tank sites located in Solano county. Date of Government Version: 09/22/2008 Source: Solano County Department of Environmental Management Date Data Arrived at EDR: 10/06/2008 Telephone: 707-784-6770 Date Made Active in Reports: 10/13/2008 Last EDR Contact: 01/05/2009 Number of Days to Update: 7 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: Quarterly

Underground Storage Tanks Underground storage tank sites located in Solano county. Date of Government Version: 09/22/2008 Source: Solano County Department of Environmental Management Date Data Arrived at EDR: 10/17/2008 Telephone: 707-784-6770 Date Made Active in Reports: 12/05/2008 Last EDR Contact: 12/22/2008 Number of Days to Update: 49 Next Scheduled EDR Contact: 03/23/2009 Data Release Frequency: Quarterly

SONOMA COUNTY:

Leaking Underground Storage Tank Sites A listing of leaking underground storage tank sites located in Sonoma county. Date of Government Version: 01/20/2009 Source: Department of Health Services Date Data Arrived at EDR: 01/21/2009 Telephone: 707-565-6565 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 01/19/2009 Number of Days to Update: 6 Next Scheduled EDR Contact: 04/19/2009 Data Release Frequency: Quarterly

SUTTER COUNTY:

Underground Storage Tanks Underground storage tank sites located in Sutter county. Date of Government Version: 05/04/2007 Source: Sutter County Department of Agriculture Date Data Arrived at EDR: 05/04/2007 Telephone: 530-822-7500 Date Made Active in Reports: 05/24/2007 Last EDR Contact: 12/29/2008 Number of Days to Update: 20 Next Scheduled EDR Contact: 03/30/2009 Data Release Frequency: Semi-Annually

VENTURA COUNTY:

Business Plan, Hazardous Waste Producers, and Operating Underground Tanks The BWT list indicates by site address whether the Environmental Health Division has Business Plan (B), Waste Producer (W), and/or Underground Tank (T) information.

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Date of Government Version: 11/26/2008 Source: Ventura County Environmental Health Division Date Data Arrived at EDR: 12/30/2008 Telephone: 805-654-2813 Date Made Active in Reports: 01/27/2009 Last EDR Contact: 12/10/2008 Number of Days to Update: 28 Next Scheduled EDR Contact: 03/09/2009 Data Release Frequency: Quarterly

Inventory of Illegal Abandoned and Inactive Sites Ventura County Inventory of Closed, Illegal Abandoned, and Inactive Sites. Date of Government Version: 08/01/2008 Source: Environmental Health Division Date Data Arrived at EDR: 09/04/2008 Telephone: 805-654-2813 Date Made Active in Reports: 09/18/2008 Last EDR Contact: 02/16/2009 Number of Days to Update: 14 Next Scheduled EDR Contact: 05/18/2009 Data Release Frequency: Annually

Listing of Underground Tank Cleanup Sites Ventura County Underground Storage Tank Cleanup Sites (LUST). Date of Government Version: 05/29/2008 Source: Environmental Health Division Date Data Arrived at EDR: 06/24/2008 Telephone: 805-654-2813 Date Made Active in Reports: 07/31/2008 Last EDR Contact: 12/09/2008 Number of Days to Update: 37 Next Scheduled EDR Contact: 03/09/2009 Data Release Frequency: Quarterly

Underground Tank Closed Sites List Ventura County Operating Underground Storage Tank Sites (UST)/Underground Tank Closed Sites List. Date of Government Version: 12/29/2008 Source: Environmental Health Division Date Data Arrived at EDR: 01/08/2009 Telephone: 805-654-2813 Date Made Active in Reports: 01/30/2009 Last EDR Contact: 01/08/2009 Number of Days to Update: 22 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Quarterly

YOLO COUNTY:

Underground Storage Tank Comprehensive Facility Report Underground storage tank sites located in Yolo county. Date of Government Version: 11/13/2008 Source: Yolo County Department of Health Date Data Arrived at EDR: 12/03/2008 Telephone: 530-666-8646 Date Made Active in Reports: 01/30/2009 Last EDR Contact: 01/12/2009 Number of Days to Update: 58 Next Scheduled EDR Contact: 04/13/2009 Data Release Frequency: Annually

OTHER DATABASE(S)

Depending on the geographic area covered by this report, the data provided in these specialty databases may or may not be complete. For example, the existence of wetlands information data in a specific report does not mean that all wetlands in the area covered by the report are included. Moreover, the absence of any reported wetlands information does not necessarily mean that wetlands do not exist in the area covered by the report.

CT MANIFEST: Hazardous Waste Manifest Data Facility and manifest data. Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a tsd facility. Date of Government Version: 12/31/2005 Source: Department of Environmental Protection Date Data Arrived at EDR: 06/15/2007 Telephone: 860-424-3375 Date Made Active in Reports: 08/20/2007 Last EDR Contact: 12/11/2008 Number of Days to Update: 66 Next Scheduled EDR Contact: 03/09/2009 Data Release Frequency: Annually

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NJ MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 09/30/2007 Source: Department of Environmental Protection Date Data Arrived at EDR: 12/04/2007 Telephone: N/A Date Made Active in Reports: 12/31/2007 Last EDR Contact: 02/20/2009 Number of Days to Update: 27 Next Scheduled EDR Contact: 05/04/2009 Data Release Frequency: Annually

NY MANIFEST: Facility and Manifest Data Manifest is a document that lists and tracks hazardous waste from the generator through transporters to a TSD facility. Date of Government Version: 10/21/2008 Source: Department of Environmental Conservation Date Data Arrived at EDR: 11/26/2008 Telephone: 518-402-8651 Date Made Active in Reports: 12/11/2008 Last EDR Contact: 02/25/2009 Number of Days to Update: 15 Next Scheduled EDR Contact: 05/25/2009 Data Release Frequency: Annually

PA MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2007 Source: Department of Environmental Protection Date Data Arrived at EDR: 09/11/2008 Telephone: N/A Date Made Active in Reports: 10/02/2008 Last EDR Contact: 12/08/2008 Number of Days to Update: 21 Next Scheduled EDR Contact: 03/09/2009 Data Release Frequency: Annually

RI MANIFEST: Manifest information Hazardous waste manifest information Date of Government Version: 10/07/2008 Source: Department of Environmental Management Date Data Arrived at EDR: 10/10/2008 Telephone: 401-222-2797 Date Made Active in Reports: 10/28/2008 Last EDR Contact: 12/15/2008 Number of Days to Update: 18 Next Scheduled EDR Contact: 03/16/2009 Data Release Frequency: Annually

WI MANIFEST: Manifest Information Hazardous waste manifest information. Date of Government Version: 12/31/2007 Source: Department of Natural Resources Date Data Arrived at EDR: 08/22/2008 Telephone: N/A Date Made Active in Reports: 09/08/2008 Last EDR Contact: 01/05/2009 Number of Days to Update: 17 Next Scheduled EDR Contact: 04/06/2009 Data Release Frequency: Annually

Oil/Gas Pipelines: This data was obtained by EDR from the USGS in 1994. It is referred to by USGS as GeoData Digital Line Graphs from 1:100,000-Scale Maps. It was extracted from the transportation category including some oil, but primarily gas pipelines.

Electric Power Transmission Line Data Source: PennWell Corporation Telephone: (800) 823-6277 This map includes information copyrighted by PennWell Corporation. This information is provided on a best effort basis and PennWell Corporation does not guarantee its accuracy nor warrant its fitness for any particular purpose. Such information has been reprinted with the permission of PennWell.

Sensitive Receptors: There are individuals deemed sensitive receptors due to their fragile immune systems and special sensitivity to environmental discharges. These sensitive receptors typically include the elderly, the sick, and children. While the location of all sensitive receptors cannot be determined, EDR indicates those buildings and facilities - schools, daycares, hospitals, medical centers, and nursing homes - where individuals who are sensitive receptors are likely to be located.

AHA Hospitals: Source: American Hospital Association, Inc. Telephone: 312-280-5991 The database includes a listing of hospitals based on the American Hospital Association’s annual survey of hospitals.

TC2428470.2s Page GR-31 GOVERNMENT RECORDS SEARCHED / DATA CURRENCY TRACKING

Medical Centers: Provider of Services Listing Source: Centers for Medicare & Medicaid Services Telephone: 410-786-3000 A listing of hospitals with Medicare provider number, produced by Centers of Medicare & Medicaid Services, a federal agency within the U.S. Department of Health and Human Services. Nursing Homes Source: National Institutes of Health Telephone: 301-594-6248 Information on Medicare and Medicaid certified nursing homes in the United States. Public Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics’ primary database on elementary and secondary public education in the United States. It is a comprehensive, annual, national statistical database of all public elementary and secondary schools and school districts, which contains data that are comparable across all states. Private Schools Source: National Center for Education Statistics Telephone: 202-502-7300 The National Center for Education Statistics’ primary database on private school locations in the United States. Daycare Centers: Licensed Facilities Source: Department of Social Services Telephone: 916-657-4041

Flood Zone Data: This data, available in select counties across the country, was obtained by EDR in 1999 from the Federal Emergency Management Agency (FEMA). Data depicts 100-year and 500-year flood zones as defined by FEMA.

NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002 and 2005 from the U.S. Fish and Wildlife Service.

Scanned Digital USGS 7.5’ Topographic Map (DRG) Source: United States Geologic Survey A digital raster graphic (DRG) is a scanned image of a U.S. Geological Survey topographic map. The map images are made by scanning published paper maps on high-resolution scanners. The raster image is georeferenced and fit to the Universal Transverse Mercator (UTM) projection.

STREET AND ADDRESS INFORMATION

© 2009 Tele Atlas North America, Inc. All rights reserved. This material is proprietary and the subject of copyright protection and other intellectual property rights owned by or licensed to Tele Atlas North America, Inc. The use of this material is subject to the terms of a license agreement. You will be held liable for any unauthorized copying or disclosure of this material.

TC2428470.2s Page GR-32 GEOCHECK ® - PHYSICAL SETTING SOURCE ADDENDUM

TARGET PROPERTY ADDRESS

VACANT LAND 101 UPTON ROAD ORINDA, CA 94563

TARGET PROPERTY COORDINATES

Latitude (North): 37.86690 - 37˚ 52’ 0.8’’ Longitude (West): 122.1963 - 122˚ 11’ 46.7’’ Universal Tranverse Mercator: Zone 10 UTM X (Meters): 570692.4 UTM Y (Meters): 4191146.5 Elevation: 667 ft. above sea level

USGS TOPOGRAPHIC MAP

Target Property Map: 37122-G2 OAKLAND EAST, CA Most Recent Revision: 1980

North Map: 37122-H2 BRIONES VALLEY, CA Most Recent Revision: 1999

EDR’s GeoCheck Physical Setting Source Addendum is provided to assist the environmental professional in forming an opinion about the impact of potential contaminant migration.

Assessment of the impact of contaminant migration generally has two principle investigative components:

1. Groundwater flow direction, and 2. Groundwater flow velocity.

Groundwater flow direction may be impacted by surface topography, hydrology, hydrogeology, characteristics of the soil, and nearby wells. Groundwater flow velocity is generally impacted by the nature of the geologic strata.

TC2428470.2s Page A-1 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

GROUNDWATER FLOW DIRECTION INFORMATION Groundwater flow direction for a particular site is best determined by a qualified environmental professional using site-specific well data. If such data is not reasonably ascertainable, it may be necessary to rely on other sources of information, such as surface topographic information, hydrologic information, hydrogeologic data collected on nearby properties, and regional groundwater flow information (from deep aquifers).

TOPOGRAPHIC INFORMATION Surface topography may be indicative of the direction of surficial groundwater flow. This information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted.

TARGET PROPERTY TOPOGRAPHY General Topographic Gradient: General SW

SURROUNDING TOPOGRAPHY: ELEVATION PROFILES 1569 1442 1441 1363 1253 1222 1186 1073 1040 1034 1029 1026 1022 930 797 796 760 683 667 Elevation (ft)

North South TP 1297 1248 1247 1063 1050 1007 969 955 894 879 786 747 737 719 703 676 674 667 615 Elevation (ft)

West East TP 0 1/2 1 Miles ✩Target Property Elevation: 667 ft.

Source: Topography has been determined from the USGS 7.5’ Digital Elevation Model and should be evaluated on a relative (not an absolute) basis. Relative elevation information between sites of close proximity should be field verified.

TC2428470.2s Page A-2 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

HYDROLOGIC INFORMATION Surface water can act as a hydrologic barrier to groundwater flow. Such hydrologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted.

Refer to the Physical Setting Source Map following this summary for hydrologic information (major waterways and bodies of water).

FEMA FLOOD ZONE FEMA Flood Target Property County Electronic Data CONTRA COSTA, CA YES - refer to the Overview Map and Detail Map

Flood Plain Panel at Target Property: 0600250425B

Additional Panels in search area: 0600250270B 0600250265B 0600250410B

NATIONAL WETLAND INVENTORY NWI Electronic NWI Quad at Target Property Data Coverage OAKLAND EAST YES - refer to the Overview Map and Detail Map

HYDROGEOLOGIC INFORMATION Hydrogeologic information obtained by installation of wells on a specific site can often be an indicator of groundwater flow direction in the immediate area. Such hydrogeologic information can be used to assist the environmental professional in forming an opinion about the impact of nearby contaminated properties or, should contamination exist on the target property, what downgradient sites might be impacted.

Site-Specific Hydrogeological Data*: Search Radius: 1.25 miles Status: Not found

AQUIFLOW® Search Radius: 1.000 Mile.

EDR has developed the AQUIFLOW Information System to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted by environmental professionals to regulatory authorities at select sites and has extracted the date of the report, groundwater flow direction as determined hydrogeologically, and the depth to water table.

LOCATION GENERAL DIRECTION MAP ID FROM TP GROUNDWATER FLOW Not Reported

* ©1996 Site−specific hydrogeological data gathered by CERCLIS Alerts, Inc., Bainbridge Island, WA. All rights reserved. All of the information and opinions presented are those of the cited EPA report(s), which were completed under a Comprehensive Environmental Response Compensation and Liability Information System (CERCLIS) investigation. TC2428470.2s Page A-3 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

GROUNDWATER FLOW VELOCITY INFORMATION Groundwater flow velocity information for a particular site is best determined by a qualified environmental professional using site specific geologic and soil strata data. If such data are not reasonably ascertainable, it may be necessary to rely on other sources of information, including geologic age identification, rock stratigraphic unit and soil characteristics data collected on nearby properties and regional soil information. In general, contaminant plumes move more quickly through sandy-gravelly types of soils than silty-clayey types of soils.

GEOLOGIC INFORMATION IN GENERAL AREA OF TARGET PROPERTY Geologic information can be used by the environmental professional in forming an opinion about the relative speed at which contaminant migration may be occurring.

ROCK STRATIGRAPHIC UNIT GEOLOGIC AGE IDENTIFICATION

Era: Cenozoic Category: Continental Deposits System: Tertiary Series: Pliocene Code: Tpc (decoded above as Era, System & Series)

Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - a digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994).

TC2428470.2s Page A-4 6

0 1/16 1/8 1/4 Miles

EDR Inc. GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

DOMINANT SOIL COMPOSITION IN GENERAL AREA OF TARGET PROPERTY

The U.S. Department of Agriculture’s (USDA) Soil Conservation Service (SCS) leads the National Cooperative Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. The following information is based on Soil Conservation Service SSURGO data.

Soil Map ID: 1

Soil Component Name: DIABLO

Soil Surface Texture: clay

Hydrologic Group: Class D - Very slow infiltration rates. Soils are clayey, have a high water table, or are shallow to an impervious layer.

Soil Drainage Class: Well drained

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: High

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soilconductivity Soil Reaction micro m/sec (pH)

1 0 inches 29 inches clay Silt-Clay Not reported Max: 1.4 Max: Min: Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils. 2 29 inches 42 inches silty clay Silt-Clay Not reported Max: 1.4 Max: Min: Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils. 3 42 inches 46 inches weathered Silt-Clay Not reported Max: 1.4 Max: Min: bedrock Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils.

TC2428470.2s Page A-6 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

Soil Map ID: 2

Soil Component Name: LOS GATOS

Soil Surface Texture: loam

Hydrologic Group: Class C - Slow infiltration rates. Soils with layers impeding downward movement of water, or soils with moderately fine or fine textures.

Soil Drainage Class: Well drained

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: Moderate

Depth to Bedrock Min: > 69 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soilconductivity Soil Reaction micro m/sec (pH)

1 0 inches 7 inches loam Silt-Clay Not reported Max: 14 Max: Min: Materials (more Min: 1.4 than 35 pct. passing No. 200), Silty Soils. 2 7 inches 27 inches clay loam Silt-Clay Not reported Max: 14 Max: Min: Materials (more Min: 1.4 than 35 pct. passing No. 200), Silty Soils. 3 27 inches 29 inches unweathered Silt-Clay Not reported Max: 14 Max: Min: bedrock Materials (more Min: 1.4 than 35 pct. passing No. 200), Silty Soils.

Soil Map ID: 3

Soil Component Name: CUT AND FILL LAND (fill part)

Soil Surface Texture: clay

Hydrologic Group: Class D - Very slow infiltration rates. Soils are clayey, have a high water table, or are shallow to an impervious layer.

Soil Drainage Class:

TC2428470.2s Page A-7 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: High

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soilconductivity Soil Reaction micro m/sec (pH)

1 0 inches 59 inches clay Silt-Clay FINE-GRAINED Max: 1.4 Max: 7.8 Materials (more SOILS, Silts and Min: 0.42 Min: 6.1 than 35 pct. Clays (liquid passing No. limit less than 200), Clayey 50%), Lean Clay Soils.

Soil Map ID: 4

Soil Component Name: LOS OSOS

Soil Surface Texture: clay loam

Hydrologic Group: Class C - Slow infiltration rates. Soils with layers impeding downward movement of water, or soils with moderately fine or fine textures.

Soil Drainage Class: Well drained

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: High

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soilconductivity Soil Reaction micro m/sec (pH)

1 0 inches 9 inches clay loam Silt-Clay Not reported Max: 1.4 Max: Min: Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils.

TC2428470.2s Page A-8 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soilconductivity Soil Reaction micro m/sec (pH)

2 9 inches 31 inches clay Silt-Clay Not reported Max: 1.4 Max: Min: Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils. 3 31 inches 35 inches weathered Silt-Clay Not reported Max: 1.4 Max: Min: bedrock Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils.

Soil Map ID: 5

Soil Component Name: GILROY

Soil Surface Texture: clay loam

Hydrologic Group: Class C - Slow infiltration rates. Soils with layers impeding downward movement of water, or soils with moderately fine or fine textures.

Soil Drainage Class: Well drained

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: Moderate

Depth to Bedrock Min: > 102 inches

Depth to Watertable Min: > 0 inches

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soilconductivity Soil Reaction micro m/sec (pH)

1 0 inches 14 inches clay loam Silt-Clay Not reported Max: 0 Max: Min: Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils.

TC2428470.2s Page A-9 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soilconductivity Soil Reaction micro m/sec (pH)

2 14 inches 29 inches clay loam Silt-Clay Not reported Max: 0 Max: Min: Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils. 3 29 inches 40 inches very gravelly Silt-Clay Not reported Max: 0 Max: Min: clay loam Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils. 4 40 inches 44 inches unweathered Silt-Clay Not reported Max: 0 Max: Min: bedrock Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils.

Soil Map ID: 6

Soil Component Name: GILROY

Soil Surface Texture: clay loam

Hydrologic Group: Class C - Slow infiltration rates. Soils with layers impeding downward movement of water, or soils with moderately fine or fine textures.

Soil Drainage Class: Well drained

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: Moderate

Depth to Bedrock Min: > 76 inches

Depth to Watertable Min: > 0 inches

TC2428470.2s Page A-10 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soilconductivity Soil Reaction micro m/sec (pH)

1 0 inches 9 inches clay loam Silt-Clay Not reported Max: 0 Max: Min: Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils. 2 9 inches 20 inches clay loam Silt-Clay Not reported Max: 0 Max: Min: Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils. 3 20 inches 29 inches very gravelly Silt-Clay Not reported Max: 0 Max: Min: loam Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils. 4 29 inches 33 inches unweathered Silt-Clay Not reported Max: 0 Max: Min: bedrock Materials (more Min: 0 than 35 pct. passing No. 200), Clayey Soils.

Soil Map ID: 7

Soil Component Name: DIABLO

Soil Surface Texture: clay

Hydrologic Group: Class D - Very slow infiltration rates. Soils are clayey, have a high water table, or are shallow to an impervious layer.

Soil Drainage Class: Well drained

Hydric Status: Not hydric

Corrosion Potential - Uncoated Steel: High

Depth to Bedrock Min: > 0 inches

Depth to Watertable Min: > 0 inches

TC2428470.2s Page A-11 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

Soil Layer Information Saturated Boundary Classification hydraulic Layer Upper Lower Soil Texture Class AASHTO Group Unified Soilconductivity Soil Reaction micro m/sec (pH)

LOCAL / REGIONAL WATER AGENCY RECORDS

EDR Local/Regional Water Agency records provide water well information to assist the environmental professional in assessing sources that may impact ground water flow direction, and in forming an opinion about the impact of contaminant migration on nearby drinking water wells.

WELL SEARCH DISTANCE INFORMATION

DATABASE SEARCH DISTANCE (miles) Federal USGS 1.000 Federal FRDS PWS Nearest PWS within 1 mile State Database 1.000

FEDERAL USGS WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found

FEDERAL FRDS PUBLIC WATER SUPPLY SYSTEM INFORMATION LOCATION MAP ID WELL ID FROM TP No PWS System Found

Note: PWS System location is not always the same as well location.

TC2428470.2s Page A-12 GEOCHECK® - PHYSICAL SETTING SOURCE SUMMARY

STATE DATABASE WELL INFORMATION LOCATION MAP ID WELL ID FROM TP No Wells Found

TC2428470.2s Page A-13 1 2 8 0 9 0 1 0 2 4 4 9 2 0 0 1 1 0 6 0 0 1

5 8 0 0 0

1 1 0 6 2 6 5 2 1 6 60 0 0 4 1 8 7 7 8 0 4 8 00 7 2 0 6 0 8 7 8 0 6 6 0 0 7 0 800 0 0 0 6 0 4 8 6 4 0 6

0 6 6 0 0 0 7 8 6 0 0 0 6

7 0 0 8 6 2

8 0 2 5 6 7 1 4 0 0 8 1 0 0 0 80 0 0 0 6 5 4 1 2 0 1 3 1 0 3 60 20 0 4 6 8 1 4 0 1 0 4 0 5 0 0 8 1 4 0 0 0 1 2 4 6 0 1 1 8 7 0 480 1 00 1 0 6 6 1 6 0 0 2 0 5 0 8 2 1 4 2 0 8 0 0 5 1 2 6 0 0 1 5 2 0 4 1 1 6 0 6 6 4 1 1 1 4 0 1 1 0 0 1 6 4 1 4 1 8 4 0 6 8 0 2 00 0 0 1 5 0 1 8 1 5 5 2 0 6 6 6 0 6 0 0 7 8 4 0 7 2 0 0 6 4 0 0 0 1 4 1 1 3 6 8 4 0 0 6 0 0 0 1 8 0 8 5 2 0 0 0 1 2 4 6 6 1 4 1 8 0 2 0 5 1 4 8 0 5 2 9 0 4 5 1 0 0 2 0 4 9 1 4 4 0 1 8 6 2 60 80 4 1 0 1 0 0 5 4 3 6 0 1 4 0 0 3 0 0 0 0 2 0 0 0 1 2 1 0 0 4 0 1 8 1 3 2 0 0 0 6 0 2 6 2 0 1 2 5 2 8 0 1 1 4 0 3 6 4 7 20 5 0 1 2 3 60 0 6 0 6 1 0 1 1 20 0 0 0 5 6 0

1 8 0 1 0 1 0 2 1 560 0 3 0 0 0 4 0 4 1 3 1 2 0 4 2 2 60 6 4 0 6 4 1 1 6 1 1 0 8 1 2 2 1 0 6 8 1 8 5 0 5 0 6 6 4 1 1 0 4 1 0 0 0 0 0 0 2 4 0 4 1 0 8 0 2 4 1 0 1 1 0 0 8 0 0

0 0 0 2

1 3 2 9 6 4

0 1 8 0

4 2 8 1 8 0 1 1

0 0 0 1 0 0 1 0 0 6 0 3 6 0 4 6 2 1 8 7 9 6 0 0 1 6 8 0 0 6 0 9 1 0 0 6 2 0 4 0 5 0 4 1 0 0 2 0 4 0 8 1 0 7 6 6 8 2 0 0 0 6 6 7 0 2 0 0 0 7 6 1 1 1 1 1 2 1 1 1 1 600 1 0 1 0 8 5 1 0 6 0 2 8 0 0

5 4 1 1 2 0 0 4 0 4 9 2 6 2 0 4 3 8 0 0 0 0 0 1 2 0 1240 0 8 1 0 4 0 0 8 8 0 6 6 0 0 0 1 0 1 6 7 8 5 3 1 6 0 3 8 0 2 0 6 7 8 9 2 1 5 0 0 9 6 0 2 0 5 0 1 1 0

6 8 06 2 0 0 0 00 1 4 2 0 6 8 5 0 0 8 0 0 7 6 0 0 7 2 4 8 0 1 4 1 6 0 0 0 1 1 2 00 0 0 0 0 1 0 0 0 6 4 6 8 0 9 2 09 8 0 8 6 12 4 0 9 2 8 7 7 2 0 0 6 1 0 0 6 0 4

1 1 6 0 8 8

8 0 9 2 0 0 1 00 4 20 6 1 1 1 9 0 8 7 8 80 1 1 1 0 0 0 8 0 4 4 1 6 3 2 1 0 4 8 4 0 8 0 4 0 1 0 1 0 0 4 0 0 6 0 8 0 8 1 1 0 1 0 8 0 0 2 4 0 8 0 5

0 0 2 8 8 0 6 0 2 0 9 7 1 1 6 400 2 0 0 1 1 0 1 1 0 1 1160 2 1 1 0 6 1 0 0 0 60 6 0 2 1 1 0 4 7 4 8 3 22 8 0 8 0 2 6 8 0 0 2 1 40 0 1 0 7 1 2 0 0 0 2 0 3 0 0 0 1 0 8 0 1 1 6 2 7 0 6 0 2 0 1 3 8 0 4 0 9 1

0 1 9 0 6 1 2 4 0 1 3 1 6 1 9 1 2 0 0 2 2 0 3 8 1 2 4 6 6 0 1 1 0 6 2 0 9 8 0 8 0 0 0 9 0 1 3 1 1 4 9 60 9 4 1 0 6 0 1 2 0 0 2 2 1 6 2 2 40 0 0 8 1 1 1 2

0 1 8 1 0 0 00 0 0 1 6 6 1 5 2 0 0 3 2 0 0 1 2 0 0 1 0 0 1 0 1 560 4 2 1

3 0 0 0 1 8 6 0 00 0 0 0

4 0 4 2 1

0 1 8 0 0 0 0 3 4 4 0 1

1 0 4 1 6 4 1 0 0 0 5 6 1 3 0 1 0 80 8 8 0 0 1 1 0 4 2 1 0 8 1 60 0 8 4 0 8 1

7 1 8 8 0 0 9 6 2 0 0 0 1 2 0 6 0

1 1560 0 9 0 8 1 1 6 6

0 1 0 1 3 0 0 0 8 4 0 1 8 8 0 1 6 0 400 0 20 1 1 4 0

0 0 1 4 8 1 0 4 1 0 0 0 9 6 0 2 0 0 4 0 5 8 2 4 9 0 0 0 60 0 0 4 0 0

00 2 0 3 1 3 2 0 6 0 1 0 2 0 0 4 0

8 1 6 1 6 7 0 1 1 0 0 2 1 1 1640 2 0 8 1 1 0 8 2 0 4 0 8 0 1 9 1 0 1 1 4 0 0 5 2 0 8 1 1 2 4 0 1 1 2 0 2 8 0 1 1 8 0 2 0 1 2 0 8 1160 1 1 3 6 3

6 1 2 0 0 1 1 0 0 1240 1 2 0 8 9 1 0 0 0 1 2 8 2 4 4

6 0 0 1 0 0

0 4 0 1 00 CA

6 1 4 1

8 1 3 6

1 1 44 0 0 1 2

0 1 4 1 80 1 0 5 4 8 00 1 1 1 6 0 0 3 2 1 1 3 1 1 5 2 0 0 0 7 2 0 1 8 3 2 2 1 0 6 8 0 2 1 0 1 1 6 0 4 8 0 0 1 0 1 1 4 4 0 1 0 0 6 3 4 0 0 4 0 2 0 4 0 1 0 0 4 16 7 2 0 1 3 1 6 6 0 4 6 0 8 1 4 1 6 0 1 4 1 1 7 0 0 0 0 6 1 0 5 0 2 0 1 2 1 8 8 4 1 9 0 5 0 8 0 0 1 6 1 1 0 9 6

8 6 1 6 0 0 2 4 0 8 0 0 2 1 0 0 0 9 0 4

0 6 0 00 0 8 4 0 9 0 4 4 0 0 4 3 1 0 6 1 6 0 1 8 0 0 3 2 0 1 8 1 2 1 1 6 0 0 0 0 0 4 1 4 0 9 2 0 1 1 2 1 2 0 0 1 0 2 1 1 0 0 2 4 0

8 0 1 6 1 1 1 1 1 8 1 4 2 0 00 0 4 0 4 8 1 0 0 1 4 6 3 1 8 80 2 0

EDR Inc. GEOCHECK ® - PHYSICAL SETTING SOURCE MAP FINDINGS RADON

AREA RADON INFORMATION

State Database: CA Radon

Radon Test Results

Zip Total Sites > 4 Pci/L Pct. > 4 Pci/L ______

94563 9 0 0.00

Federal EPA Radon Zone for CONTRA COSTA County: 2 Note: Zone 1 indoor average level > 4 pCi/L. : Zone 2 indoor average level >= 2 pCi/L and <= 4 pCi/L. : Zone 3 indoor average level < 2 pCi/L.

Federal Area Radon Information for Zip Code: 94563 Number of sites tested: 3 Area Average Activity % <4 pCi/L % 4-20 pCi/L % >20 pCi/L

Living Area - 1st Floor 0.667 pCi/L 100% 0% 0% Living Area - 2nd Floor Not Reported Not Reported Not Reported Not Reported Basement Not Reported Not Reported Not Reported Not Reported

TC2428470.2s Page A-14 PHYSICAL SETTING SOURCE RECORDS SEARCHED

TOPOGRAPHIC INFORMATION

USGS 7.5’ Digital Elevation Model (DEM) Source: United States Geologic Survey EDR acquired the USGS 7.5’ Digital Elevation Model in 2002 and updated it in 2006. The 7.5 minute DEM corresponds to the USGS 1:24,000- and 1:25,000-scale topographic quadrangle maps. The DEM provides elevation data with consistent elevation units and projection.

HYDROLOGIC INFORMATION

NWI: National Wetlands Inventory. This data, available in select counties across the country, was obtained by EDR in 2002 and 2005 from the U.S. Fish and Wildlife Service.

HYDROGEOLOGIC INFORMATION

AQUIFLOW R Information System Source: EDR proprietary database of groundwater flow information EDR has developed the AQUIFLOW Information System (AIS) to provide data on the general direction of groundwater flow at specific points. EDR has reviewed reports submitted to regulatory authorities at select sites and has extracted the date of the report, hydrogeologically determined groundwater flow direction and depth to water table information.

GEOLOGIC INFORMATION

Geologic Age and Rock Stratigraphic Unit Source: P.G. Schruben, R.E. Arndt and W.J. Bawiec, Geology of the Conterminous U.S. at 1:2,500,000 Scale - A digital representation of the 1974 P.B. King and H.M. Beikman Map, USGS Digital Data Series DDS - 11 (1994).

STATSGO: State Soil Geographic Database Source: Department of Agriculture, Natural Resources Conservation Services The U.S. Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) leads the national Conservation Soil Survey (NCSS) and is responsible for collecting, storing, maintaining and distributing soil survey information for privately owned lands in the United States. A soil map in a soil survey is a representation of soil patterns in a landscape. Soil maps for STATSGO are compiled by generalizing more detailed (SSURGO) soil survey maps.

SSURGO: Soil Survey Geographic Database Source: Department of Agriculture, Natural Resources Conservation Services (NRCS) Telephone: 800-672-5559 SSURGO is the most detailed level of mapping done by the Natural Resources Conservation Services, mapping scales generally range from 1:12,000 to 1:63,360. Field mapping methods using national standards are used to construct the soil maps in the Soil Survey Geographic (SSURGO) database. SSURGO digitizing duplicates the original soil survey maps. This level of mapping is designed for use by landowners, townships and county natural resource planning and management.

TC2428470.2s Page A-15 PHYSICAL SETTING SOURCE RECORDS SEARCHED

LOCAL / REGIONAL WATER AGENCY RECORDS

FEDERAL WATER WELLS

PWS: Public Water Systems Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Public Water System data from the Federal Reporting Data System. A PWS is any water system which provides water to at least 25 people for at least 60 days annually. PWSs provide water from wells, rivers and other sources.

PWS ENF: Public Water Systems Violation and Enforcement Data Source: EPA/Office of Drinking Water Telephone: 202-564-3750 Violation and Enforcement data for Public Water Systems from the Safe Drinking Water Information System (SDWIS) after August 1995. Prior to August 1995, the data came from the Federal Reporting Data System (FRDS).

USGS Water Wells: USGS National Water Inventory System (NWIS) This database contains descriptive information on sites where the USGS collects or has collected data on surface water and/or groundwater. The groundwater data includes information on wells, springs, and other sources of groundwater.

STATE RECORDS

Water Well Database Source: Department of Water Resources Telephone: 916-651-9648

California Drinking Water Quality Database Source: Department of Health Services Telephone: 916-324-2319 The database includes all drinking water compliance and special studies monitoring for the state of California since 1984. It consists of over 3,200,000 individual analyses along with well and water system information.

OTHER STATE DATABASE INFORMATION

California Oil and Gas Well Locations Source: Department of Conservation Telephone: 916-323-1779

RADON

State Database: CA Radon Source: Department of Health Services Telephone: 916-324-2208 Radon Database for California

Area Radon Information Source: USGS Telephone: 703-356-4020 The National Radon Database has been developed by the U.S. Environmental Protection Agency (USEPA) and is a compilation of the EPA/State Residential Radon Survey and the National Residential Radon Survey. The study covers the years 1986 - 1992. Where necessary data has been supplemented by information collected at private sources such as universities and research institutions.

EPA Radon Zones Source: EPA Telephone: 703-356-4020 Sections 307 & 309 of IRAA directed EPA to list and identify areas of U.S. with the potential for elevated indoor radon levels.

TC2428470.2s Page A-16 PHYSICAL SETTING SOURCE RECORDS SEARCHED

OTHER

Airport Landing Facilities: Private and public use landing facilities Source: Federal Aviation Administration, 800-457-6656

Epicenters: World earthquake epicenters, Richter 5 or greater Source: Department of Commerce, National Oceanic and Atmospheric Administration

California Earthquake Fault Lines: The fault lines displayed on EDR’s Topographic map are digitized quaternary fault lines, prepared in 1975 by the United State Geological Survey. Additional information (also from 1975) regarding activity at specific fault lines comes from California’s Preliminary Fault Activity Map prepared by the California Division of Mines and Geology.

STREET AND ADDRESS INFORMATION

TC2428470.2s Page A-17 PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX F

AERIAL PHOTOGRAPHS

Project No. 09.10080.0001 Diablo Green Consulting Inc. Vacant Land 101 Upton Road Orinda, CA 94563

Inquiry Number: 2428470.5 February 25, 2009

The EDR Aerial Photo Decade Package EDR Aerial Photo Decade Package

Environmental Data Resources, Inc. (EDR) Aerial Photo Decade Package is a screening tool designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDRs professional researchers provide digitally reproduced historical aerial photographs, and when available, provide one photo per decade.

When delivered electronically by EDR, the aerial photo images included with this report are for ONE TIME USE ONLY. Further reproduction of these aerial photo images is prohibited without permission from EDR. For more information contact your EDR Account Executive.

Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments.

Disclaimer - Copyright and Trademark Notice

This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report AS IS. Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice.

Copyright 2009 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission.

EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. Date EDR Searched Historical Sources: Aerial PhotographyFebruary 25, 2009

Target Property: 101 Upton Road Orinda, CA 94563

Year Scale Details Source

1939 Aerial Photograph. Scale: 1"=555' Flight Year: 1939 Fairchild

1946 Aerial Photograph. Scale: 1"=655' Flight Year: 1946 Jack Ammann

1958 Aerial Photograph. Scale: 1"=555' Flight Year: 1958 Cartwright

1965 Aerial Photograph. Scale: 1"=333' Flight Year: 1965 Cartwright

1974 Aerial Photograph. Scale: 1"=601' Flight Year: 1974 NASA

1982 Aerial Photograph. Scale: 1"=690' Flight Year: 1982 USGS

1993 Aerial Photograph. Scale: 1"=666' Flight Year: 1993 USGS

1998 Aerial Photograph. Scale: 1"=666' Flight Year: 1998 USGS

2005 Aerial Photograph. Scale: 1"=484' Flight Year: 2005 EDR

2428470.5 2 INQUIRY #: 2428470.5 YEAR: 1939 = 555' INQUIRY #: 2428470.5 YEAR: 1946 = 655' INQUIRY #: 2428470.5 YEAR: 1958 = 555' INQUIRY #: 2428470.5 YEAR: 1965 = 333' INQUIRY #: 2428470.5 YEAR: 1974 = 601' INQUIRY #: 2428470.5 YEAR: 1982 = 690' INQUIRY #: 2428470.5 YEAR: 1993 = 666' INQUIRY #: 2428470.5 YEAR: 1998 = 666' INQUIRY #: 2428470.5 YEAR: 2005 = 484' PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX G

HISTORICAL RESEARCH DOCUMENTATION

Project No. 09.10080.0001 Diablo Green Consulting Inc. Vacant Land 101 Upton Road Orinda, CA 94563

Inquiry Number: 2428470.6 February 27, 2009

The EDR-City Directory Abstract

440 Wheelers Farms Road Milford, CT 06461 800.352.0050 Environmental Data Resources Inc www.edrnet.com EDR City Directory Abstract

Environmental Data Resources, Inc.’s (EDR) City Directory Abstract is a screening report designed to assist environmental professionals in evaluating potential liability on a target property resulting from past activities. EDR’s City Directory Abstract includes a search and abstract of available city directory data. For each address, the directory lists the name of the corresponding occupant at five year intervals.

Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments.

Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction orforecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice.

Copyright 2008 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc. or its affiliates is prohibited without prior written permission.

Business directories including city, cross reference and telephone directories were reviewed, if available, at approximately five year intervals for the years spanning 1975 through 2008. (These years are not necessarily inclusive.) A summary of the information obtained is provided in the text of this report. Date EDR Searched Historical Sources: February 27, 2009

Target Property: 101 Upton Road Orinda, CA 94563

Year Uses Source 1975 Street Not Listed in Research Source Haines Criss-Cross Directory

1980 Street Not Listed in Research Source Haines Criss-Cross Directory

1985 Street Not Listed in Research Source Haines Criss-Cross Directory

1990 Street Not Listed in Research Source Haines Criss-Cross Directory

1995 Street Not Listed in Research Source Haines Criss-Cross Directory

2008 Street Not Listed in Research Source Haines Criss-Cross Directory

Adjoining Properties SURROUNDING Multiple Addresses Orinda, CA 94563

Year Uses Source 1975 Street Not Listed in Research Source Haines Criss-Cross Directory

1980 Street Not Listed in Research Source Haines Criss-Cross Directory

1985 Street Not Listed in Research Source Haines Criss-Cross Directory

1990 Street Not Listed in Research Source Haines Criss-Cross Directory

1995 Street Not Listed in Research Source Haines Criss-Cross Directory

2008 Street Not Listed in Research Source Haines Criss-Cross Directory

2428470- 6 2 Vacant Land 101 Upton Road Orinda, CA 94563

Inquiry Number: 2428470.3 February 25, 2009

Certified Sanborn® Map Report Certified Sanborn® Map Report 2/25/09

Site Name: Client Name: Vacant Land Diablo Green Consulting 101 Upton Road 231 Market Place #186 Orinda, CA 94563 San Ramon, CA 94583

EDR Inquiry # 2428470.3 Contact: Holly Moore

The complete Sanborn Library collection has been searched by EDR, and fire insurance maps covering the target property location provided by Diablo Green Consulting were identified for the years listed below. The certified Sanborn Library search results in this report can be authenticated by visiting www.edrnet.com/sanborn and entering the certification number. Only Environmental Data Resources Inc. (EDR) is authorized to grant rights for commercial reproduction of maps by Sanborn Library LLC, the copyright holder for the collection.

Certified Sanborn Results:

Site Name: Vacant Land Address: 101 Upton Road City, State, Zip: Orinda, CA 94563 Cross Street: P.O. # NA

Project: NA Sanborn® Library search results Certification # D13D-40F2-81F4 Certification # D13D-40F2-81F4

The Sanborn Library includes more than 1.2 million UNMAPPED PROPERTY Sanborn fire insurance maps, which track historical property usage in approximately 12,000 American This report certifies that the complete holdings of the Sanborn cities and towns. Collections searched: Library, LLC collection have been searched based on client supplied target property information, and fire insurance maps covering the target property were not found. Library of Congress University Publications of America

EDR Private Collection

Limited Permission To Make Copies Diablo Green Consulting (the client) is permitted to make up to THREE photocopies of this Sanborn Map transmittal and each fire insurance map accompanying this report solely for the limited use of its customer. No one other than the client is authorized to make copies. Upon request made directly to an EDR Account Executive, the client may be permitted to make a limited number of additional photocopies. This permission is conditioned upon compliance by the client, its customer and their agents with EDR's copyright policy; a copy of which is available upon request.

Disclaimer - Copyright and Trademark notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice.

2428470 - 3 page 2 PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX H

PRIOR REPORTS

Project No. 09.10080.0001 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

NO DATA AVAILABLE FOR INCLUSION

Project No. 09.10080.0001 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX I

RESUMES

Project No. 09.10080.0001 Diablo Green Consulting Inc.

WILLIAM A. MITCHELL, RG, REA Project Geologist

EDUCATION

B.S., Geology University of California, Davis, 1982

Post-Graduate Studies, Geology California State University, Long Beach, 1983 – 1985

Certificate Program, Hazardous Materials Management University of California, Irvine, 1994

Certificate Program, Site Assessment and Remediation University of California, Irvine, 1994

PROFESSIONAL REGISTRATIONS

Registered Geologist (CA #6372, 1996) Registered Environmental Assessor (CA #02451, 1990)

PROFESSIONAL SUMMARY

Mr. Mitchell has over 19 years of experience in environmental management. He is in charge of performing a wide variety of environmental services including Phase I and Phase II Environmental Site Assessments. Mr. Mitchell also performs environmental and geologic inspections, field monitoring, drilling, water sampling and report writing.

Previously, Mr. Mitchell served as Project Geologist for a large environmental consulting firm. In this capacity, he performed various aspects of Phase I and II assessments, including site and area reconnaissance, historical reviews, and subsurface assessments. Additionally, Mr. Mitchell provided project management and technical review of Phase I and II Environmental Site Assessments prepared by staff-level professionals within the firm, as well as for third-party reviews for clients.

Additional experience includes serving as Staff Geologist, performing multiple tasks including preliminary geologic and seismic investigations, geologic mapping of cut slopes, and methane and groundwater monitoring. Mr. Mitchell also has experience as a soils technician, where he conducted various construction inspection projects, including soil density testing, foundation inspections and pile driving monitoring.

SELECTED PROJECT EXPERIENCE

Environmental Environmental Site Assessments / Various Clients / Western U.S. Completed over 1,000 Phase I and 300 Phase II Environmental Site Assessments between 1987 and 2006. Facilities have included hospitals, schools, mortuaries; manufacturing sites, commercial offices, and warehouses. Also performed assessment services for mass-transit projects, siting proposed alignments for light-rail transportation projects.

WILLIAM A. MITCHELL, RG, REA Page 2

Environmental Site Assessment & Methane Gas Monitoring / Sewer Project / Los Angeles, CA. Performed methane gas assessments for a proposed 10-mile long sewer project in the Los Angeles area. Project involved a Phase I ESA as well as the installation of methane gas monitoring wells, and the subsequent sampling and analysis of gas contained within the wells.

Geological Geologic Mapping / Prison Facility / Los Angeles, CA. Provided geologic mapping of cut slopes during construction grading of a prison facility located in the Los Angeles area.

Geologic and Seismic Studies / Various Clients / Los Angeles, CA. Completed several geologic/seismic studies in the Los Angeles area. Investigations conducted at proposed hospital facilities, school sites and commercial properties. Projects included the collection and evaluation of geologic data for siting and developing the facilities referenced above.

TRAINING AND CERTIFICATIONS

OSHA 40-Hour Hazardous Waste Operations AHERA-Certified Asbestos Building Inspector

PROFESSIONAL ACTIVITIES

Association of Engineering Geologists

REA Detail Page 1 of 1

California Home Wednesday, November 07, 2007

Home search ID Numbers, Manifests & nmlkj My CA nmlkji This Site Fees Search Tips Laws, Regs & Policies DTSC: REA Program Publications & Forms What's in My REA Detail Community?

Decisions Pending & REA Number: 02451 Opportunities for Public Participation Name: Mitchell, William Allen

Permit Appeals Title: Project Geologist

Upcoming Events Company: ATC Associates

REA Program Mailing Address: 6556 Rinconada Dr

Press Room City: Citrus Heights

Employment State: CA

Fax Number: 413-208-9020

Areas of Expertise: • Environmental Site Assessment • Surface and Groundwater Contamination Assessment, Prevention, Monitoring and Control • Soil Contamination Assessment, Prevention, Monitoring and Control • Underground tank checks and removal • Other Areas of Expertise relating to Hazardous Substances and/or Hazardous Waste The Department of Toxic Mgmt Substances Control protects you from toxics from the past, in the present, and into Back to REA Program Main Page the future.

http://www.dtsc.ca.gov/database/REA/rea_detail.cfm?reg_number=02451&assessor_id=2... 11/7/2007 License Holders : Page 1 of 1

BOARD FOR GEOLOGISTS AND GEOPHYSICISTS

Licensee Name: MITCHELL WILLIAM ALLEN License Type: GEOLOGIST License Number: 6372 License Status: CLEAR Definition Expiration Date: October 31, 2008 Issue Date: October 03, 1995 Address: 7043 CHERRYTREE AVENUE City: CITRUS HEIGHTS State: CA Zip: 95621 County: SACRAMENTO Actions: No

Related Licenses/Registrations/Permits

No records returned Disciplinary Actions or Citations

No records returned

This information is updated Monday through Friday - Last updated: DEC-05-2007

Disclaimer All information provided by the Department of Consumer Affairs on this web page, and on its other web pages and internet sites, is made available to provide immediate access for the convenience of interested persons. While the Department believes the information to be reliable, human or mechanical error remains a possibility, as does delay in the posting or updating of information. Therefore, the Department makes no guarantee as to the accuracy, completeness, timeliness, currency, or correct sequencing of the information. Neither the Department, nor any of the sources of the information, shall be responsible for any errors or omissions, or for the use or results obtained from the use of this information. Other specific cautionary notices may be included on other web pages maintained by the Department. All access to and use of this web page and any other web page or internet site of the Department is governed by the Disclaimers and Conditions for Access and Use as set forth at California Department of Consumer Affairs' Disclaimer Information and Use Information.

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http://www2.dca.ca.gov/pls/wllpub/WLLQRYNA$LCEV2.QueryView?P_LICENSE_NU... 12/6/2007

HOLLY D. MOORE, REA 07975

EDUCATION

B.S., Environmental Biology and Management University of California at Davis, 1997

PROFESSIONAL REGISTRATIONS

Registered Environmental Assessor I, Registration No. REA‐07975 State of California Real Estate Salesperson

PROFESSIONAL SUMMARY

Ms. Moore has over eleven years of experience in environmental project management. Ms. Moore is responsible for the management of environmental services related to growth and real estate projects for various clients, including telecommunications, acquisition, development, and redevelopment firms. Ms. Moore is accountable for project management, field supervision, marketing, and quality control for environmental services.

Due diligence includes preparation of National Environmental Policy Act (NEPA) evaluations, California Environmental Quality Act (CEQA) evaluations, Phase I Environmental Site Assessments (ESA) in accordance with the American Society of Testing and Materials (ASTM) standards, Transaction Screen assessments in accordance with ASTM standards, NEPA Environmental Assessments, coordination of Phase II subsurface evaluations, hazardous materials management, and various additional environmental services.

Principal / Diablo Green Consulting Inc. / Pleasanton, California (September 2005 – Present). Ms. Moore is responsible for marketing, sales and project management tasks associated with coordination and oversight of an environmental consulting firm specializing in due diligence and regulatory compliance. Clients include real estate developers, financial institutions, and telecommunications clients. Ms. Moore prepares Phase I ESAs in accordance with the ASTM standards, NEPA compliance reports, coordinates biological and archaeological surveys, Phase II subsurface evaluations, geophysical surveys, and additional tasks necessary for regulatory compliance in association with property transactions and development.

Senior Project Manager / ATC Associates Inc. / Pleasanton, California (March 2006 – Present). Ms. Moore is responsible for the preparation of Phase I ESAs for real estate and telecommunications clients, including field inspections, local agency reviews, regulatory agency documentation through local water quality control boards, and preparation of final reports and figures. Ms. Moore is also responsible for the preparation of NEPA assessments for FCC‐licensed projects, including evaluation of the applicability of the 2001 and 2005 Nationwide Programmatic Agreements and Section 106 consultation under the National Historic Preservation Act of 1966. Ms. Moore further coordinates biological surveys, archaeological investigations, historical evaluations, flood zone determinations, wetland delineations, etc. as necessary for project activities.

Holly D. Moore, REA Page 2

Director of Environmental Services / ATC Associates Inc. / Pleasanton, California (October 1997 – February 2006). Responsible for the oversight and management of various clients throughout Northern California, including development and telecommunications clients. These responsibilities include the establishment and monitoring of client specific reporting requirements, contract compliance, technical liaison support, regulatory agency consultation, staff training and coordination, field supervision, and overall quality control.

Telecommunications Services Program Manager / ATC Associates Inc. / Western U.S. Responsible for the oversight and management of various Telecommunication Services clients throughout the western region. These responsibilities included the establishment and monitoring of client specific reporting requirements, contract compliance, technical liaison support, regulatory agency consultation and overall quality control. These studies have been conducted as part of a comprehensive Environmental Site Assessment program for telecommunications clients at all proposed antenna sites. Further, NEPA impact assessments were prepared for various sites within the Western region, including California, Arizona, Nevada, Oregon, Washington and Texas. NEPA assessments are inclusive of consultation with State Historic Preservation Offices, the United States Fish and Wildlife Service, state wildlife agencies, the Federal Emergency Management Agency, etc. as required per project activities.

SELECTED PROJECT EXPERIENCE

Environmental

Con Agra Foods / Phase I ESA / King City, California. Preparation of a Phase I ESA for a 56‐acre property proposed for sale and redevelopment. The property was formerly a portion of a U.S. military base, and had been used for agricultural processing of garlic and onion products. Environmental considerations included former underground storage tanks (USTs), asbestos and lead in buildings to be demolished, and documented groundwater contamination with chlorinated solvents at the site.

Second Harvest Food Bank / Environmental Assessment / Watsonville, California. Preparation of an Environmental Assessment in accordance with the guidelines of the United States Department of Housing and Urban Development (24 CFR 58.36). This included preparation of a Phase I ESA to evaluate for hazardous materials in addition to a biological resources survey to explore potential impacts to biological resources including wetlands.

Agricultural Property / Phase I ESA / Half Moon Bay, California. Preparation of Phase I ESA for an 88‐ acre agricultural property developed with several barns, homes, and an area along the beach developed with 65 vacation cabins that were formerly used as fishing cabins. The property has been developed since the early 1900s and the property included a former landfill used to dispose of municipal waste from approximately the 1930s to the 1960s.

NEPA Environmental Impact Evaluations / Telecommunications Clients / Western U.S. Ms. Moore has been responsible for performing FCC‐required NEPA checklists and compliance studies for potential telecommunications tower sites. NEPA compliance includes evaluating developmental concerns relating to wildlife preserves, wilderness areas, biological issues, historical and cultural resources, Native American tribal concerns, and the natural environment. Primary responsibilities included managing the regulatory compliance for development projects, maintaining client relationships, and managing a variety of projects throughout the western region. As part of NEPA compliance, Ms. Moore has been Holly D. Moore, REA Page 3

responsible for consulting with various state and federal agencies regarding proposed telecommunication tower sites, including the United States Bureau of Land Management, United States Fish and Wildlife Service, State Historic Preservation Offices, the Federal Emergency Management Agency, and the Army Corps of Engineers. These studies are conducted as part of a comprehensive Environmental Site Assessment program for telecommunications clients at all proposed antenna sites.

Light Industrial Property / Phase I ESA, Hazardous Materials Business Plans, Air Quality Management District Permitting / San Jose, California. Ms. Moore completed a Phase I ESA for a light industrial facility that specializes in protecting electronics that go into controlled environments. Two individual tenant locations within an industrial park were inspected, and gases and hazardous liquids were maintained at the site. Inventory of the materials used was completed, and Ms. Moore further prepared Hazardous Materials Business Plans (HMBPs) for both locations (which are located adjacent to each other in the same light industrial complex). Ms. Moore further assisted the facility with compliance and permitting with the Bay Area Air Quality Management District (BAAQMD).

Transaction Screen Evaluations / Throughout Northern California. Ms. Moore has been responsible for the completion of ASTM Transaction Screen Evaluations for properties throughout Northern California, including completion of a transaction screen questionnaire and site inspection, as well as interviews with the tenants and/or property owners.

Environmental Assessment Management / Bechtel Corporation / Western U.S. Served as the project manager for the western United States. Projects included environmental services ranging from NEPA compliance checklists, Environmental Assessments (i.e. historical, biological, archaeological, wetlands), Phase I ESAs, asbestos and/or lead testing, and Phase II investigations. Over 500 sites were evaluated in California, Arizona, Nevada, Washington, and Oregon.

Construction Supply Company / Phase I ESAs / Throughout California. Ms. Moore has been responsible for the preparation of Phase I ESAs for various construction supply properties throughout Northern and Southern California. Sites include warehouse, office, and yard space for storage of materials including rebar and lumber.

Municipal Property / Phase I ESA / Sonoma County. Responsible for the preparation of a Phase I ESA for a vacant parking lot property within Sonoma County. The site was located within an area with historic gasoline station and service station use and the review indicated that subsurface contamination may exist in the area.

Former Dry Cleaning Facility / Phase I ESA & Subsurface Evaluation / San Leandro, California. Ms. Moore completed a Phase I ESA for a commercial shopping center. During the evaluation, it was confirmed that the property was used for a dry cleaning operation from at least the 1960s through at least the 1970s. Subsurface evaluation found perchloroethylene (PCE) contamination beneath the site. Further consultation with the Regional Water Quality Control Board and the City of San Leandro Fire Department resulted in a “no further action” letter for the site.

Gasoline Stations / Phase I ESAs / Northern California. Ms. Moore has completed Phase I ESAs for numerous gasoline service stations throughout Northern California, including Leaking Underground Storage Tank (LUST) sites and former gasoline stations proposed for redevelopment.

Holly D. Moore, REA Page 4

Former Auto Repair Facility / Phase I ESA & Subsurface Evaluation / San Jose, California. Ms. Moore was responsible for preparation of a Phase I ESA for a former automobile repair facility within a primarily commercial and residential area of San Jose. Activities at the site did not include use of underground storage tanks (USTs), but hazardous materials were stored and waste was generated by activities at the property. Coordination of a subsurface evaluation at the property that included approximately 10 shallow soil borings to evaluate for soil contamination beneath the property, which was proposed for redevelopment with a commercial building.

Alameda Marina / Phase I ESA / Alameda, California. Ms. Moore was responsible for the preparation of a Phase I ESA for five parcels of land developed with 37 buildings at the Alameda Marina in Alameda, California, including a total of 270,000 square feet of space. Tenants at the property included manufacturing, retail, storage, industrial and boat marina space. Environmental considerations included asbestos and lead, former USTs, shallow groundwater that was impacted with contaminants, and hazardous waste disposal.

Benicia Industrial Park / Phase I ESAs / Benicia, California. Ms. Moore completed a Phase I ESA for industrial buildings at the Benicia Industrial Park, including properties adjacent to the Shell oil refinery. Environmental concerns investigated during this evaluation included former USTs on the properties, asbestos and lead in buildings, documented groundwater contamination, adjacent railroad tracks, etc.

Former Dry Cleaning Facility / Subsurface Evaluation / Redwood City, California. Ms. Moore was responsible for the coordination of a subsurface evaluation at the property that was identified as a former dry cleaning operation following the review of historical records. Subsurface sampling indicated that PCE was present within soils underneath the facility. The San Mateo County Environmental Health Department was contacted regarding the site and management of cleanup activities at the site. Remediation efforts at this facility are ongoing as of July 2008.

Dry Cleaner Assessments / Northern California. Responsible for the inspection and observation of dry cleaning facilities. Evaluations include assessments of waste disposal practices and requirements, potential leaks and releases from equipment, and state and federal requirements for such facilities.

Environmental Assessment Management / American Tower Corporation / Western U.S. Served as program manager of the western region for American Tower Corporation in support of telecommunication tower development contracts. The projects included environmental and geotechnical support services ranging from NEPA compliance checklists, Environmental Assessments (i.e. historical, biological, archeological), Phase I ESAs in accordance with ASTM regulations, geotechnical investigations, asbestos and/or lead testing, construction management and Phase II subsurface studies.

Construction Management / Confidential Client / San Jose, California. Responsible for the coordination and management of construction for a wireless telecommunications site within a designated NPL/Superfund site in San Jose. Soils in the area were impacted with both asbestos and lead and required hazardous waste disposal at an EPA‐approved landfill facility. Construction operations included coordination of various general contractors specializing in hazardous materials management and adherence with City of San Jose permitting requirements and utility companies.

Environmental Site Assessments / Various Clients / California. Completed Phase I ESAs for various properties throughout Northern California to satisfy due diligence requirements for real estate Holly D. Moore, REA Page 5

transactions. Responsibilities included contacting client and representative agencies, reviewing map collections and database listings provided by regulatory agencies, and writing a comprehensive environmental report with recommendations. Projects involve the thorough environmental assessment of properties and their potential environmental concerns, including the review of information with the Department of Public Health, the Department of Toxic Substances Control, the Regional Water Quality Control Board, and the jurisdictional fire, building, and planning departments.

Agricultural Property / Phase I ESA / San Luis Obispo, California. Ms. Moore completed a Phase I ESA for an agricultural property in San Luis Obispo, California. The property maintained cattle grazing, active agricultural fields, and homes for the owner and field personnel.

Building Sciences

Asbestos & Lead Management / Various Clients / Northern and Central California. Completed building inspections and hazardous material surveys to determine the potential for asbestos and lead hazards. Surveys included sampling of suspect materials, reviewing analytical laboratory reports, and completing detailed reports with material management recommendations.

Asbestos & Lead Survey Management / Wireless Telecommunications Clients / Northern California. Completed building inspections and hazardous material surveys to determine the potential for asbestos and lead hazards at proposed telecommunications facilities. Surveys included sampling of suspect materials, reviewing analytical laboratory reports, and completing detailed reports with material management recommendations.

Asbestos & Lead Abatement Management / Wireless Telecommunications Clients / Northern California. Project management for abatement of asbestos and lead hazards at proposed telecommunications facilities. Abatement activities involved coordination of personnel and licensed abatement contractors, and EPA hazardous waste requirements and disposal.

Information Systems

Environmental Database Management / Confidential Financial Client / Western U.S. Assisted in creating and maintaining an environmental database. This included uploading specific site information to an Internet web site and summarizing information from previous reports in asbestos summary sheets. Assisted in notifying bank employees of asbestos‐containing materials within their respective branches.

TRAINING AND CERTIFICATIONS

Registered Environmental Assessor I, Registration No. REA‐07975 State of California Real Estate Salesperson

REA Detail Page 1 of 1

California Home Wednesday, November 07, 2007

Home search ID Numbers, Manifests & nmlkj My CA nmlkji This Site Fees Search Tips Laws, Regs & Policies DTSC: REA Program Publications & Forms What's in My REA Detail Community?

Decisions Pending & REA Number: 07975 Opportunities for Public Participation Name: Moore, Holly

Permit Appeals Title: President

Upcoming Events Company: DGC Associates Inc.

REA Program Mailing Address: 231 Market Pl # 186

Press Room City: San Ramon

Employment State: CA

Fax Number: 925-886-8545

Areas of Expertise: • Environmental Site Assessment • Surface and Groundwater Contamination Assessment, Prevention, Monitoring and Control • Risk Assessment and Risk Reduction Recommendations • Other Areas of Expertise relating to Hazardous Substances and/or Hazardous Waste Mgmt The Department of Toxic Substances Control protects you from toxics from the Back to REA Program Main Page past, in the present, and into the future.

http://www.dtsc.ca.gov/database/REA/rea_detail.cfm?reg_number=07975&assessor_id=7... 11/7/2007 PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX J

RECORDS OF COMMUNICATION

Project No. 09.10080.0001 Diablo Green Consulting Inc.

Holly Moore

From: Orinda Planning [[email protected]] Sent: Thursday, March 05, 2009 3:27 PM To: Holly Moore Subject: RE: 101 Upton Road, Orinda

No additional permits have been issued on this property. Please let us know what other information you would like on this parcel.

From: Holly Moore [mailto:[email protected]] Sent: Wednesday, March 04, 2009 3:25 PM To: Orinda Planning Subject: 101 Upton Road, Orinda

Good afternoon

I am completing review of the property at 101 Upton Road in Orinda. I spoke with Rich in your offices late last week and he confirmed that the property is zoned PS. I was interested to see if any building permits have been issued for this property as well. According to Rich, the only permits issued for this address pertain to the telecommunications site located along Upton Road, dated 2006. Please confirm if any additional data is available for this parcel.

Thank you!

Holly D. Moore | Diablo Green Consulting, Inc. Direct Mobile (925) 336‐6627 231 Market Place #186 San Ramon, California 94583 Office Telephone (925) 846‐9800 Facsimile (925) 397‐3051 http://www.diablogreen.com Electronic Mail [email protected]

1 PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX K

LABORATORY REPORTS

Project No. 09.10080.0001 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

NO DATA AVAILABLE FOR INCLUSION

Project No. 09.10080.0001 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX L

OTHER SUPPORTING DOCUMENTATION

Project No. 09.10080.0001 Diablo Green Consulting Inc. This Land located at Gateway Lot at 101 Upton Rd, Orinda, California is presented by Di... Page 1 of 1

Gateway Lot at 101 Upton Rd, Orinda, CA 94563 For Sale $749,000

More Information (Hide Summary) Home Vacant Lot, nearly flat, approx 1.17 acres Full Details with great access to freeway and the new Photo Tour Wilder luxury home development and Print Brochure Orinda community play fields. Property Documents

Property Map Located at the Gateway Blvd exit from CA- 24, the lot is ideally situated at the Area Schools entrance to Wilder and bordering on Schedule a Showing Upton Rd, Gateway Blvd and the Email Property Info eastbound on-ramp to CA-24. Mortgage Calculator

Contact Me Square Footage: 51,139 Zoned Public / Semi-Public, which does Census Information Lot Size: 1.17 acres not include residential or commercial uses. Potential uses include: Club or Lodge, Area Amenities Congregate Care Facility, Religious Assembly, School and more. Refer to Property Documents for sample uses. Specific Dick Holt details on this zoning can be found at the city website, www.CityofOrinda.org, under Office: the Planning Department, Orinda Municipal Code, Title 17 Zoning in section 17.9.1. 925.253.6332

Mobile: Wilder features 245 homesites, an extensive network of trails and pathways, a private 925.297.9150 neighborhood swim and recreation center, five community playfields and over 1,300 Email: acres of dedicated open space connecting to the East Bay Regional Park District. Click to send Wilder’s 245 homesites range in size from one quarter acre to more than one acre Website: (averaging a half acre). Homes range from 2,500 to more than 5,000 square feet. Click to open Sales reservations are currently being taken, with home construction expected to begin in 2009. Frank Woodward Office: 925.253.4603 Email: Click to send Website: Click to open

Dick Holt / Coldwell Banker / 2 Theatre Sq, Ste 211 / Orinda, CA 94563

Real Estate Internet Marketing RSS

http://gatewaylot.com/wfPropertyDetails.aspx 2/12/2009 Scale: 1:11,421 Legend

37-52-20 N 37-52-10 N 37-52-0 N 37-51-50 N 37-51-40 N 122-11-20 W 122-11-20 W Map center: 37° 51' 58" N, 122° 11' 46" W 122-11-40 W 122-11-40 W 122-12-0 W 122-12-0 W

Upton Road, Orinda Upton

37-51-40 N 37-51-40 37-51-50 N 37-51-50 37-52-0 N 37-52-0 37-52-10 N 37-52-10 37-52-20 N 37-52-20 otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or

Order Number: 0704-3194278 Page Number: 1

Updated

First American Title Company 8 Camino Encinas, Suite 120 Orinda, CA 94563

Escrow Officer: Becca James (BJ) Phone: (925)253-0757 Fax No.: (866)407-7015 E-Mail: [email protected]

E-Mail Loan Documents to: [email protected]

Owner: Ashley

Buyer: Fargo Enterprises, Inc.

Property: 101 UPTON ROAD ORINDA, CA 94563

PRELIMINARY REPORT

In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A attached. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.

It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

First American Title

Order Number: 0704-3194278 Page Number: 2

Dated as of February 09, 2009 at 7:30 A.M.

The form of Policy of title insurance contemplated by this report is:

ALTA/CLTA Homeowner's (EAGLE) Policy of Title Insurance (2008) and ALTA Expanded Coverage Residential (EAGLE) Loan Policy (2008) if the land described is an improved residential lot or condominium unit on which there is located a one-to-four family residence; or ALTA Standard Owner's Policy 2006 (WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is an unimproved residential lot or condominium unit

A specific request should be made if another form or additional coverage is desired.

Title to said estate or interest at the date hereof is vested in:

The estate or interest in the land hereinafter described or referred to covered by this Report is:

A fee.

The Land referred to herein is described as follows:

(See attached Legal Description)

At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows:

1. General and special taxes and assessments for the fiscal year 2009-2010, a lien not yet due or payable.

2. General and special taxes and assessments for the fiscal year 2008-2009.

First Installment: $1,157.25, PAID Penalty: $0.00 Second Installment: $1,157.25, DUE Penalty: $0.00 Tax Rate Area: 18-003 A. P. No.: 273-160-009

First American Title

Order Number: 0704-3194278 Page Number: 3

3. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code.

4. Abutter's rights of ingress and egress to or from THE STREET, HIGHWAY, OR FREEWAY ABUTTING SAID LAND have been relinquished in the document recorded MAY 15, 1979 as INSTRUMENT NO. 79-65193 IN BOOK 9354, PAGE 261 of Official Records.

5. The effect of deed executed by SUSAN REID, CHERYL GIFFORD AND MARK BALDWIN, SR., TENANTS IN COMMON to DEBBIE ASHLEY, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY, recorded NOVEMBER 20, 2008 as INSTRUMENT NO. 2008-0253781-00 of Official Records.

The Company will require satisfactory evidence that the deed was an absolute conveyance for value and that there are no other agreements, oral or written, regarding the ownership or occupancy of the land described in the deed.

6. Any right, title or interest of the spouse or domestic partner (if any) of any vestee herein.

First American Title

Order Number: 0704-3194278 Page Number: 4

INFORMATIONAL NOTES

Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction.

1. The property covered by this report is vacant land.

2. According to the public records, there has been no conveyance of the land within a period of twenty four months prior to the date of this report, except as follows:

A document recorded NOVEMBER 20, 2008 as INSTRUMENT NO. 2008-0253781-00 of Official Records.

From: SUSAN REID, CHERYL GIFFORD AND MARK BALDWIN, SR., TENANTS IN COMMON To: DEBBIE ASHLEY, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY

3. We find no open deeds of trust. Escrow please confirm before closing.

The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached.

First American Title

Order Number: 0704-3194278 Page Number: 5

LEGAL DESCRIPTION

Real property in the City of ORINDA, County of CONTRA COSTA, State of CALIFORNIA, described as follows:

COMMENCING AT A POINT ON THE NORTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL 1, AS SAID PARCEL IS SHOWN ON SHEET 3 OF THAT CERTAIN SET OF MAPS OF 23 SHEETS ENTITLED, "RELINQUISHMENT IN THE COUNTY OF CONTRA COSTA", FILED AUGUST 29, 1975, IN STATE HIGHWAY MAP BOOK NO. 7, PAGES 1 THROUGH 23, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, SAID POINT BEING DISTANT THEREON N. 25°19'20" E., 104.00 FEET FROM THE MOST WESTERLY CORNER OF SAID PARCEL; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 1, FROM A TANGENT THAT BEARS S. 64°40'40" E., ALONG A CURVE TO THE LEFT WITH A RADIUS OF 7.00 FEET, THROUGH AN ANGLE OF 90°00'00", AN ARC LENGTH OF 11.00 FEET, N. 25°19'20" E. 249.52 FEET AND ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1030.00 FEET, THROUGH AN ANGLE OF 6°47'17", AN ARC LENGTH OF 122.03 FEET, THENCE N. 57°53'23" W., 59.08 FEET; THENCE S. 56°28'53" W., 255.54 FEET; THENCE S. 4°24'16" W., 178.32 FEET, THENCE S. 64°40'40" E., 113.00 FEET TO THE POINT OF COMMENCEMENT.

APN: 273-160-009

First American Title

Order Number: 0704-3194278 Page Number: 6

NOTICE

Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible.

If you have any questions about the effect of this new law, please contact your local First American Office for more details.

First American Title

Order Number: 0704-3194278 Page Number: 7

EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)

1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B

EXCEPTIONS FROM COVERAGE

This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records.

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE

First American Title

Order Number: 0704-3194278 Page Number: 8

created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.

3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS

When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy.

SCHEDULE B

This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records.

4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE

1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutory lien for labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable "doing business" laws of the state in which the land is situated.

5. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS

When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy.

SCHEDULE B

This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.

First American Title

Order Number: 0704-3194278 Page Number: 9

6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.

7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS

When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 6 above are used and the following exceptions to coverage appear in the policy.

SCHEDULE B

This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.

8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992

First American Title

Order Number: 0704-3194278 Page Number: 10

EXCLUSIONS FROM COVERAGE

9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS

When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy.

SCHEDULE B

This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records.

10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS

In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from:

1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning ordinances and also laws and regulations concerning:

* land use * land division * improvements on the land * environmental protection

This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it, unless:

First American Title

Order Number: 0704-3194278 Page Number: 11

* a notice of exercising the right appears in the public records on the Policy Date * the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: * that are created, allowed, or agreed to by you * that are known to you, but not to us, on the Policy Date - unless they appeared in the public records * that result in no loss to you * that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: * to any land outside the area specifically described and referred to in Item 3 of Schedule A, or * in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks.

11. EAGLE PROTECTION OWNER'S POLICY

CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 2008

Covered Risks 16 (Subdivision Law Violation). 18 (Building Permit). 19 (Zoning) and 21 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability

EXCLUSIONS

In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:

a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. 4. Risks:

a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. 5. Failure to pay value for Your Title. 6. Lack of a right:

a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21

LIMITATIONS ON COVERED RISKS

Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount Our Maximum Dollar Limit of Liability

Covered Risk 16: 1% of Policy Amount or $5,000.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00

12. THIRD GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (1/01/08)

First American Title

Order Number: 0704-3194278 Page Number: 12

EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or(iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b)Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6.

13. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

(i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection;

or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or

First American Title

Order Number: 0704-3194278 Page Number: 13

(b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b).

14. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 2006 WITH REGIONAL EXCEPTIONS

When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 13 above are used and the following exceptions to coverage appear in the policy.

SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.

15. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 EXCLUSIONS FROM COVERAGE

The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to

(i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection;or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.

(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risks 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors? rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

16. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 2006 WITH REGIONAL EXCEPTIONS

First American Title

When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 15 above are used and the following exceptions to coverage appear in the policy.

SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

First American Title

In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information – particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information.

Applicability

This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com.

Types of Information

Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:

• Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means;

• Information about your transactions with us, our affiliated companies, or others; and

• Information we receive from a consumer reporting agency.

Use of Information

We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements.

Former Customers

Even if you are no longer our customer, our Privacy Policy will continue to apply to you.

Confidentiality and Security

We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American’s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

Envirostor Page 1 of 1

GATEWAY VALLEY - (MAP)

UPTON ROAD PROJECT MANAGER: VIRGINIA LASKY ORINDA, CA 94563 SUPERVISOR: KAREN TOTH CONTRA COSTA COUNTY OFFICE: BERKELEY SITE TYPE: VOLUNTARY CLEANUP ENVIROSTOR ID: 07990004 ACRES: 16 ACRES SITE CODE: 200946 APN: 273-160-008 ASSEMBLY DISTRICT: 14 NATIONAL PRIORITIES LIST: NO SENATE DISTRICT: 07 CLEANUP OVERSIGHT AGENCIES: SPECIAL PROGRAM: VOLUNTARY CLEANUP PROGRAM DTSC - SITE MITIGATION AND BROWNFIELD REUSE PROGRAM - LEAD FUNDING: SITE PROPONENT PRESS CONTACT: CLAUDIA LOOMIS

COMMUNITY INVOLVEMENT

Cleanup Status CERTIFIED AS OF 12/18/1997

Regulatory Profile PAST USE(S) THAT CAUSED CONTAMINATION LANDFILL - CONSTRUCTION, LANDFILL - DOMESTIC

POTENTIAL CONTAMINANTS OF CONCERN POTENTIAL MEDIA AFFECTED LEAD SOIL POLYCHLORINATED BIPHENYLS (PCBS)

Site History The Gateway Valley Project, about 978 acres, is a large undeveloped area used mainly for cattle grazing. Within the acreage, four fill areas, approximately 4 acres each, were identified as containing construction and household debris. The area is located in an open area.

Completed Activities DATE DOCUMENT TYPE COMMENTS COMPLETED [VIEW DOCS] Certification 12/18/1997 Removal Action Completion Completed RA. Certified Site. Confirmation sampling demonstrated the site was remediated to residential [VIEW DOCS] 12/18/1997 Report levels. CEQA - Initial Study/ Neg. [VIEW DOCS] 9/11/1997 A Negative Declaration was adopted for the site. Declaration [VIEW DOCS] Removal Action Workplan 9/11/1997 Approved RAW requiring that all contaminated soil be excavated and disposed offsite. Fact Sheets 7/31/1997 Fact sheet announcing public comment perion on Draft RAW from August 1 to August 30, 1997. Remedial Investigation [VIEW DOCS] 7/8/1997 Report Remedial Investigation [VIEW DOCS] 7/3/1997 Report Voluntary Cleanup Signed VCA. Soil sampling found elevated levels of lead, polychlorinated biphenyls (PCBs), and petroleum [VIEW DOCS] 4/23/1997 Agreement hydrocarbons. Groundwater was not impacted. Remedial Investigation [VIEW DOCS] 3/19/1997 Report Remedial Investigation [VIEW DOCS] 10/24/1996 Report

http://www.envirostor.dtsc.ca.gov/public/profile_report.asp?global_id=07990004 2/25/2009

March 5, 2009

Mr. Forrest Westin Agemark 2614 Telegraph Avenue Berkeley, CA 94704

RE: Subsurface Soil Sampling Results Vacant Land 101 Upton Road Orinda, Contra Costa County, California 94563 Project No. 09.10080.0001

Dear Mr. Westin:

Diablo Green Consulting Inc. (DGC) is pleased to provide the results for soil samples collected from the property referenced above on March 2, 2009. The report of soil sampling is attached.

Very truly yours, DIABLO GREEN CONSULTING INC.

Holly D. Moore REA No. 07975 Environmental Professional

Attachment

Diablo Green Consulting ∙ A Woman‐Owned California Corporation

231 Market Place #186 ∙ San Ramon ∙ CA ∙ 94583 ∙ Phone (925) 846‐9800 ∙ Fax (925) 397‐3051

Attachment A

Subsurface Soil Sample Results. Geocon Consultants Inc. March 5, 2009.

Diablo Green Consulting ∙ A Woman‐Owned California Corporation

231 Market Place #186 ∙ San Ramon ∙ CA ∙ 94583 ∙ Phone (925) 846‐9800 ∙ Fax (925) 397‐3051

CONSULTANTS, INC.

GEOTECHNICAL ■ ENVIRONMENTAL ■ MATERIALS

Project No. E8480-06-01 March 5, 2009

VIA ELECTRONIC AND U.S. MAIL

Ms. Holly Moore DGC Associates 231 Market Place, #186 San Ramon, California 94583

Subject: SURFACE SOIL SAMPLE RESULTS 101 UPTON ROAD ORINDA, CALIFORNIA

Dear Ms. Moore:

On March 2, 2009, Geocon collected three surface soil samples (UR-1, UR-2, and UR-3) at the above- referenced property.

The samples were collected at your request to assess California Assessment Manual (CAM) 17 metals concentrations in soils at the property. The soil samples were collected on a northeast to southwest trending line extending through the center of the site. One sample was collected near the northeast (UR-1), middle (UR-2), and southwest (UR-3) portions of the property.

The total CAM17 metal results for soil samples are summarized in Table 1, and copies of the analytical laboratory data sheets are attached.

The CAM17 metals concentrations in soil were compared to the Regional Water Quality Control Board – San Francisco Bay Region’s (RWQCB) Tier 1 environmental screening levels (ESLs) (RWQCB, May 2008, Table A) and the California human health screening levels (CHHSLs) for shallow soils at residential sites. A comparison of these screening levels with the sample results reported from UR-1 through UR-3 indicates that arsenic exceeded the RWQCB’s Tier 1 ESL and the CHHSL, and vanadium exceeded the CHHSL.

Although the arsenic and vanadium concentrations in UR-1 through UR-3 exceeded these respective screening levels the reported concentrations were within expected background concentration ranges for California soils. According to the publication Background Concentrations of Trace and Major Elements in California Soils (Kearney Foundation of Soil Science, Division of Agriculture and Natural Resources, University of California, March 1996), typical arsenic concentrations in California soils range from 0.6 to 11.0 mg/kg with a mean concentration of 3.5 mg/kg, and vanadium concentrations in California soils range from 39 to 288 mg/kg with a mean concentration of 112 mg/kg.

6771 Brisa Street ■ Livermore, California 94550■ Telephone (925) 371-5900 ■ Fax (925) 371-5915

Table 1 CAM 17 Metals Soil Samples Results 101 Upton Road Orinda, California

Sample Sample Depth

Location (feet bgs) Antimony Arsenic Barium Beryllium Cadmium Chromium Cobalt Copper Lead Molybdenum Nickel Selenium Silver Thallium Vanadium Zinc Mercury

UR-1 0-0.5 <2.0 3.5 150 <0.50 <0.50 57 11 22 21 <0.99 67 <2.0 <0.99 <0.99 35 50 0.055

UR-2 0-0.5 <2.1 4.4 200 <0.52 <0.52 56 11 23 19 <1.0 65 <2.1 <1.0 <1.0 33 46 0.040

UR-3 0-0.5 <2.0 2.6 71 <0.49 <0.49 37 12 21 17 <0.98 45 <2.0 <0.98 <0.98 43 37 0.027

ESLs (Residential Land Use) 6.3 0.39 750 4.0 1.7 750 40 230 200 40 150 10 20 1.3 16 600 1.3

CHHSLs (Residential Land Use) 30 0.07 5,200 150 1.7 100,000 660 3,000 150 380 1,600 380 380 5.0 530 23,000 18

Notes - Results are presented in units of milligrams per kilogram (mg/kg). Bold type indicates metal reported at a concentration exceeding the ESL and/or CHHSL concentration. bgs - below ground surface < - Not detected above stated laboratory reporting limit.

Project E8480-06-01 1 of 1 March 5, 2009 ANALYTICAL REPORT

Job Number: 720-18302-1 Job Description: UPTON@Gateway

For: Geocon Consultants, Inc. 6671 Brisa Street Livermore, CA 94550 Attention: John Love

Approved for release. Afsaneh Salimpour Project Manager I ______3/4/2009 6:08 PM Afsaneh Salimpour Project Manager I [email protected] 03/04/2009

TestAmerica Laboratories, Inc. TestAmerica San Francisco 1220 Quarry Lane, Pleasanton, CA 94566 Tel (925) 484-1919 Fax (925) 600-3002 www.testamericainc.com

Page 1 of 23 03/04/2009 Job Narrative 720-J18302-1

Comments No additional comments.

Receipt All samples were received in good condition within temperature requirements.

Metals Method(s) 6010B: The matrix spike / matrix spike duplicate (MS/MSD) recoveries for batch 47236 were outside control limits. The associated laboratory control standard (LCS) met acceptance criteria.

No other analytical or quality issues were noted.

Page 2 of 23 03/04/2009 EXECUTIVE SUMMARY - Detections

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

Lab Sample ID Client Sample ID Reporting Analyte Result / Qualifier Limit Units Method

720-18302-1 UR-1 Arsenic 3.5 0.99 mg/Kg 6010B Barium 150 0.99 mg/Kg 6010B Chromium 57 0.99 mg/Kg 6010B Cobalt 11 0.99 mg/Kg 6010B Copper 22 0.99 mg/Kg 6010B Lead 21 0.99 mg/Kg 6010B Nickel 67 0.99 mg/Kg 6010B Vanadium 35 0.99 mg/Kg 6010B Zinc 50 0.99 mg/Kg 6010B

720-18302-2 UR-2 Arsenic 4.4 1.0 mg/Kg 6010B Barium 200 1.0 mg/Kg 6010B Chromium 56 1.0 mg/Kg 6010B Cobalt 11 1.0 mg/Kg 6010B Copper 23 1.0 mg/Kg 6010B Lead 19 1.0 mg/Kg 6010B Nickel 65 1.0 mg/Kg 6010B Vanadium 33 1.0 mg/Kg 6010B Zinc 46 1.0 mg/Kg 6010B

720-18302-3 UR-3 Arsenic 2.6 0.98 mg/Kg 6010B Barium 71 0.98 mg/Kg 6010B Chromium 37 0.98 mg/Kg 6010B Cobalt 12 0.98 mg/Kg 6010B Copper 21 0.98 mg/Kg 6010B Lead 17 0.98 mg/Kg 6010B Nickel 45 0.98 mg/Kg 6010B Vanadium 43 0.98 mg/Kg 6010B Zinc 37 0.98 mg/Kg 6010B

TestAmerica San Francisco

Page 3 of 23 03/04/2009 METHOD SUMMARY

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

Description Lab Location Method Preparation Method Matrix: Solid Metals (ICP) TAL SF SW846 6010B Preparation, Metals TAL SF SW846 3050B General Sub Contract Method Subcontract

Lab References: = TestAmerica Morgan Hill TAL SF = TestAmerica San Francisco

Method References: SW846 = "Test Methods For Evaluating Solid Waste, Physical/Chemical Methods", Third Edition, November 1986 And Its Updates.

TestAmerica San Francisco Page 4 of 23 03/04/2009 METHOD / ANALYST SUMMARY

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

Method Analyst Analyst ID SW846 6010B Arndt, Christopher CA

TestAmerica San Francisco Page 5 of 23 03/04/2009 SAMPLE SUMMARY

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

Date/Time Date/Time Lab Sample ID Client Sample ID Client Matrix Sampled Received

720-18302-1 UR-1 Solid 03/02/2009 0700 03/02/2009 0840 720-18302-2 UR-2 Solid 03/02/2009 0705 03/02/2009 0840 720-18302-3 UR-3 Solid 03/02/2009 0710 03/02/2009 0840

TestAmerica San Francisco Page 6 of 23 03/04/2009 Analytical Data

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

Client Sample ID: UR-1

Lab Sample ID: 720-18302-1 Date Sampled: 03/02/2009 0700 Client Matrix: Solid Date Received: 03/02/2009 0840

6010B Metals (ICP)

Method: 6010B Analysis Batch: 720-47256 Instrument ID: Varian ICP Preparation: 3050B Prep Batch: 720-47236 Lab File ID: N/A Dilution: 1.0 Initial Weight/Volume: 1.01 g Date Analyzed: 03/02/2009 1914 Final Weight/Volume: 50 mL Date Prepared: 03/02/2009 0920

Analyte DryWt Corrected: N Result (mg/Kg) Qualifier RL Antimony ND 2.0 Arsenic 3.5 0.99 Barium 150 0.99 Beryllium ND 0.50 Cadmium ND 0.50 Chromium 57 0.99 Cobalt 11 0.99 Copper 22 0.99 Lead 21 0.99 Molybdenum ND 0.99 Nickel 67 0.99 Selenium ND 2.0 Silver ND 0.99 Thallium ND 0.99 Vanadium 35 0.99 Zinc 50 0.99

TestAmerica San Francisco Page 7 of 23 03/04/2009 Analytical Data

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

Client Sample ID: UR-2

Lab Sample ID: 720-18302-2 Date Sampled: 03/02/2009 0705 Client Matrix: Solid Date Received: 03/02/2009 0840

6010B Metals (ICP)

Method: 6010B Analysis Batch: 720-47256 Instrument ID: Varian ICP Preparation: 3050B Prep Batch: 720-47236 Lab File ID: N/A Dilution: 1.0 Initial Weight/Volume: 0.97 g Date Analyzed: 03/02/2009 1918 Final Weight/Volume: 50 mL Date Prepared: 03/02/2009 0920

Analyte DryWt Corrected: N Result (mg/Kg) Qualifier RL Antimony ND 2.1 Arsenic 4.4 1.0 Barium 200 1.0 Beryllium ND 0.52 Cadmium ND 0.52 Chromium 56 1.0 Cobalt 11 1.0 Copper 23 1.0 Lead 19 1.0 Molybdenum ND 1.0 Nickel 65 1.0 Selenium ND 2.1 Silver ND 1.0 Thallium ND 1.0 Vanadium 33 1.0 Zinc 46 1.0

TestAmerica San Francisco Page 8 of 23 03/04/2009 Analytical Data

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

Client Sample ID: UR-3

Lab Sample ID: 720-18302-3 Date Sampled: 03/02/2009 0710 Client Matrix: Solid Date Received: 03/02/2009 0840

6010B Metals (ICP)

Method: 6010B Analysis Batch: 720-47256 Instrument ID: Varian ICP Preparation: 3050B Prep Batch: 720-47236 Lab File ID: N/A Dilution: 1.0 Initial Weight/Volume: 1.02 g Date Analyzed: 03/02/2009 1922 Final Weight/Volume: 50 mL Date Prepared: 03/02/2009 0920

Analyte DryWt Corrected: N Result (mg/Kg) Qualifier RL Antimony ND 2.0 Arsenic 2.6 0.98 Barium 71 0.98 Beryllium ND 0.49 Cadmium ND 0.49 Chromium 37 0.98 Cobalt 12 0.98 Copper 21 0.98 Lead 17 0.98 Molybdenum ND 0.98 Nickel 45 0.98 Selenium ND 2.0 Silver ND 0.98 Thallium ND 0.98 Vanadium 43 0.98 Zinc 37 0.98

TestAmerica San Francisco Page 9 of 23 03/04/2009 DATA REPORTING QUALIFIERS

Lab Section Qualifier Description

Page 10 of 23 03/04/2009 Quality Control Results

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

QC Association Summary Report Lab Sample ID Client Sample ID Basis Client Matrix Method Prep Batch Metals Prep Batch: 720-47236 LCS 720-47236/2-A Lab Control Spike T Solid 3050B LCSD 720-47236/3-A Lab Control Spike Duplicate T Solid 3050B LCSSRM 720-47236/25-A LCS-Standard Reference Material T Solid 3050B MB 720-47236/1-A Method Blank T Solid 3050B 720-18302-1 UR-1 T Solid 3050B 720-18302-2 UR-2 T Solid 3050B 720-18302-3 UR-3 T Solid 3050B

Analysis Batch:720-47256 LCS 720-47236/2-A Lab Control Spike T Solid 6010B 720-47236 LCSD 720-47236/3-A Lab Control Spike Duplicate T Solid 6010B 720-47236 LCSSRM 720-47236/25-A LCS-Standard Reference Material T Solid 6010B 720-47236 MB 720-47236/1-A Method Blank T Solid 6010B 720-47236 720-18302-1 UR-1 T Solid 6010B 720-47236 720-18302-2 UR-2 T Solid 6010B 720-47236 720-18302-3 UR-3 T Solid 6010B 720-47236

Report Basis T = Total

TestAmerica San Francisco

Page 11 of 23 03/04/2009 Quality Control Results

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

Method Blank - Batch: 720-47236 Method: 6010B Preparation: 3050B

Lab Sample ID: MB 720-47236/1-A Analysis Batch: 720-47256 Instrument ID: Varian ICP Client Matrix: Solid Prep Batch: 720-47236 Lab File ID: N/A Dilution: 1.0 Units: mg/Kg Initial Weight/Volume: 1.00 g Date Analyzed: 03/02/2009 1732 Final Weight/Volume: 50 mL Date Prepared: 03/02/2009 0920

Analyte Result Qual RL Antimony ND 2.0 Arsenic ND 1.0 Barium ND 1.0 Beryllium ND 0.50 Cadmium ND 0.50 Chromium ND 1.0 Cobalt ND 1.0 Copper ND 1.0 Lead ND 1.0 Molybdenum ND 1.0 Nickel ND 1.0 Selenium ND 2.0 Silver ND 1.0 Thallium ND 1.0 Vanadium ND 1.0 Zinc ND 1.0

Calculations are performed before rounding to avoid round-off errors in calculated results.

TestAmerica San Francisco Page 12 of 23 03/04/2009 Quality Control Results

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

LCS-Standard Reference Material - Batch: 720-47236 Method: 6010B Preparation: 3050B

Lab Sample ID: LCSSRM 720-47236/25-A Analysis Batch: 720-47256 Instrument ID: Varian ICP Client Matrix: Solid Prep Batch: 720-47236 Lab File ID: N/A Dilution: 1.0 Units: mg/Kg Initial Weight/Volume: 0.98 g Date Analyzed: 03/02/2009 1925 Final Weight/Volume: 50 mL Date Prepared: 03/02/2009 0920

Analyte Spike Amount Result % Rec. Limit Qual

Antimony 27.4 15.3 56 11 - 101 Arsenic 22.7 20.9 92 69 - 119 Barium 145 132 91 61 - 117 Beryllium 1.09 0.893 82 56 - 102 Cadmium 42.2 38.2 90 67 - 118 Chromium 246 230 93 67 - 121 Cobalt 65.1 62.6 96 64 - 133 Copper 58.5 55.5 95 68 - 126 Lead 44.1 39.4 89 62 - 113 Molybdenum 61.0 57.4 94 62 - 128 Nickel 96.8 87.6 90 65 - 117 Selenium 165 153 93 63 - 126 Silver 79.5 69.1 87 51 - 130 Thallium 55.9 53.2 95 64 - 124 Vanadium 56.7 58.1 102 67 - 123 Zinc 44.0 38.2 87 62 - 110

Calculations are performed before rounding to avoid round-off errors in calculated results.

TestAmerica San Francisco Page 13 of 23 03/04/2009 Quality Control Results

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

Lab Control Spike/ Method: 6010B Lab Control Spike Duplicate Recovery Report - Batch: 720-47236 Preparation: 3050B

LCS Lab Sample ID: LCS 720-47236/2-A Analysis Batch: 720-47256 Instrument ID: Varian ICP Client Matrix: Solid Prep Batch: 720-47236 Lab File ID: N/A Dilution: 1.0 Units: mg/Kg Initial Weight/Volume: 1.05 g Date Analyzed: 03/02/2009 1736 Final Weight/Volume: 50 mL Date Prepared: 03/02/2009 0920

LCSD Lab Sample ID: LCSD 720-47236/3-A Analysis Batch: 720-47256 Instrument ID: Varian ICP Client Matrix: Solid Prep Batch: 720-47236 Lab File ID: N/A Dilution: 1.0 Units: mg/Kg Initial Weight/Volume: 1.04 g Date Analyzed: 03/02/2009 1740 Final Weight/Volume: 50 mL Date Prepared: 03/02/2009 0920

% Rec. Analyte LCS LCSD Limit RPD RPD Limit LCS Qual LCSD Qual

Antimony 97 98 80 - 120 2 20 Arsenic 102 102 80 - 120 1 20 Barium 94 94 80 - 120 1 20 Beryllium 100 100 80 - 120 1 20 Cadmium 99 99 80 - 120 1 20 Chromium 101 101 80 - 120 1 20 Cobalt 98 98 80 - 120 1 20 Copper 100 100 80 - 120 1 20 Lead 100 100 80 - 120 1 20 Molybdenum 102 103 80 - 120 1 20 Nickel 99 99 80 - 120 1 20 Selenium 102 102 80 - 120 1 20 Silver 101 101 80 - 120 1 20 Thallium 99 99 80 - 120 1 20 Vanadium 101 101 80 - 120 1 20 Zinc 99 99 80 - 120 1 20

Calculations are performed before rounding to avoid round-off errors in calculated results.

TestAmerica San Francisco Page 14 of 23 03/04/2009 Page 15 of 23 03/04/2009 Login Sample Receipt Check List

Client: Geocon Consultants, Inc. Job Number: 720-18302-1

Login Number: 18302 List Source: TestAmerica San Francisco Creator: Mullen, Joan List Number: 1 Question T / F/ NA Comment Radioactivity either was not measured or, if measured, is at or below N/A background The cooler's custody seal, if present, is intact. N/A The cooler or samples do not appear to have been compromised or True tampered with. Samples were received on ice. True Cooler Temperature is acceptable. True Cooler Temperature is recorded. True COC is present. True COC is filled out in ink and legible. True COC is filled out with all pertinent information. True There are no discrepancies between the sample IDs on the containers and True the COC. Samples are received within Holding Time. True Sample containers have legible labels. True Containers are not broken or leaking. True Sample collection date/times are provided. True Appropriate sample containers are used. True Sample bottles are completely filled. True There is sufficient vol. for all requested analyses, incl. any requested True MS/MSDs VOA sample vials do not have headspace or bubble is <6mm (1/4") in True diameter. If necessary, staff have been informed of any short hold time or quick TAT True needs Multiphasic samples are not present. True Samples do not require splitting or compositing. True

TestAmerica San Francisco Page 16 of 23 03/04/2009 885 Jarvis Drive Morgan Hill, CA 95037 (408) 776-9600 FAX (408) 782-6308 www.testamericainc.com

Wednesday, March 04, 2009 5:59:51PM

Afsaneh Salimpour TestAmerica San Francisco 1220 Quarry Lane Pleasanton, CA 94566-4756

RE: Work Sharing Agreement Work Order: MSC0050

Enclosed are the results of analyses for samples received by the laboratory on 03/03/09 13:30. If you have any questions concerning this report, please feel free to contact me.

Sincerely,

Angel Pitts Project Manager

CA ELAP Certificate # 2705

The Chain(s) of Custody, 2 pages, are included and are an integral part of this report.

The report shall not be reproduced except in full, without the written approval of the laboratory. The client, by accepting this report, also agrees not to alter any reports whether in the hard copy or electronic format and to use reasonable efforts to preserve the reports in the form and substance originally provided by TestAmerica.

For Volatile Analysis a trip blank is required to be provided. If trip blank results are not included in the report, then either the trip blank was not submitted or requested to be analyzed.

The reported results were obtained in compliance with the 2003 NELAC standards unless otherwise noted.

Page 1 of 5

Page 17 of 23 03/04/2009 885 Jarvis Drive Morgan Hill, CA 95037 (408) 776-9600 FAX (408) 782-6308 www.testamericainc.com

TestAmerica San Francisco Project: Work Sharing Agreement MSC0050 1220 Quarry Lane Project Number: 720-18302 Reported: Pleasanton CA, 94566-4756 Project Manager: Afsaneh Salimpour 03/04/09 17:59

ANALYTICAL REPORT FOR SAMPLES

Sample ID Laboratory ID Matrix Date Sampled Date Received

UR-1 (720-18302-1) MSC0050-01 Soil 03/02/09 07:00 03/03/09 13:30

UR-2 (720-18302-2) MSC0050-02 Soil 03/02/09 07:05 03/03/09 13:30

UR-3 (720-18302-3) MSC0050-03 Soil 03/02/09 07:10 03/03/09 13:30

TestAmerica Morgan Hill The results in this report apply to the samples analyzed in accordance with the chain of custody document. Unless otherwise stated, results are reported on a wet weight basis. This analytical report must be reproduced in its entirety.

Page 2 of 5 Page 18 of 23 03/04/2009 885 Jarvis Drive Morgan Hill, CA 95037 (408) 776-9600 FAX (408) 782-6308 www.testamericainc.com

TestAmerica San Francisco Project: Work Sharing Agreement MSC0050 1220 Quarry Lane Project Number: 720-18302 Reported: Pleasanton CA, 94566-4756 Project Manager: Afsaneh Salimpour 03/04/09 17:59 Total Metals by EPA 6000/7000 Series Methods TestAmerica Morgan Hill

Reporting Analyte Result Limit Units Dilution Batch Prepared Analyzed Method Notes

UR-1 (720-18302-1) (MSC0050-01) Soil Sampled: 03/02/09 07:00 Received: 03/03/09 13:30

Mercury 0.055 0.020 mg/kg 1 9C04009 03/04/09 03/04/09 EPA 7471A UR-2 (720-18302-2) (MSC0050-02) Soil Sampled: 03/02/09 07:05 Received: 03/03/09 13:30

Mercury 0.040 0.020 mg/kg 1 9C04009 03/04/09 03/04/09 EPA 7471A UR-3 (720-18302-3) (MSC0050-03) Soil Sampled: 03/02/09 07:10 Received: 03/03/09 13:30

Mercury 0.027 0.020 mg/kg 1 9C04009 03/04/09 03/04/09 EPA 7471A

Page 3 of 5 Page 19 of 23 03/04/2009 885 Jarvis Drive Morgan Hill, CA 95037 (408) 776-9600 FAX (408) 782-6308 www.testamericainc.com

Reporting Spike Source %REC RPD Analyte Result Limit Units Level Result %REC Limits RPD Limit Notes

Batch 9C04009 - EPA 7471A / EPA 7471A

Blank (9C04009-BLK1) Prepared & Analyzed: 03/04/09 Mercury ND 0.020 mg/kg

Laboratory Control Sample (9C04009-BS1) Prepared & Analyzed: 03/04/09 Mercury 0.440 0.020 mg/kg 0.400 110 80-120

Laboratory Control Sample Dup (9C04009-BSD1) Prepared & Analyzed: 03/04/09 Mercury 0.442 0.020 mg/kg 0.400 110 80-120 0.5 25

Matrix Spike (9C04009-MS1) Source: MSC0049-01 Prepared & Analyzed: 03/04/09 Mercury 0.576 0.040 mg/kg 0.400 0.0800 124 80-120 M7

Matrix Spike Dup (9C04009-MSD1) Source: MSC0049-01 Prepared & Analyzed: 03/04/09 Mercury 0.628 0.040 mg/kg 0.400 0.0800 137 80-120 9 25 M7

Page 4 of 5 Page 20 of 23 03/04/2009 885 Jarvis Drive Morgan Hill, CA 95037 (408) 776-9600 FAX (408) 782-6308 www.testamericainc.com

TestAmerica San Francisco Project: Work Sharing Agreement MSC0050 1220 Quarry Lane Project Number: 720-18302 Reported: Pleasanton CA, 94566-4756 Project Manager: Afsaneh Salimpour 03/04/09 17:59

Notes and Definitions

M7 The MS and/or MSD were above the acceptance limits. See Blank Spike (LCS).

DET Analyte DETECTED

ND Analyte NOT DETECTED at or above the reporting limit or MDL, if MDL is specified

NR Not Reported dry Sample results reported on a dry weight basis

RPD Relative Percent Difference

Page 21 of 23 03/04/2009 Page 22 of 23 03/04/2009 Page 23 of 23 03/04/2009 PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

APPENDIX M

TERMINOLOGY

Project No. 09.10080.0001 Diablo Green Consulting Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT Vacant Land 101 Upton Road Orinda, California

TERMINOLOGY

The following provides definitions and descriptions of certain terms that may be used in this report. Italics indicate terms that are defined by ASTM Standard Practice E 1527‐05. The Standard Practice should be referenced for further detail (such as the precise wording), related definitions or additional explanation regarding the meaning of terms. recognized environmental condition(s) (REC) ‐ the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. The term is not intended to include de minimis conditions. de minimis conditions – are conditions that generally do not present a threat to human health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies. Conditions determined to be de minimis are not recognized environmental conditions. historical recognized environmental condition(s) (HREC) ‐ environmental condition which in the past would have been considered a recognized environmental condition, but which may or may not be considered a recognized environmental condition currently. The final decision rests with the environmental professional and will be influenced by the current impact of the historical recognized environmental condition on the property. If a past release of any hazardous substances or petroleum products has occurred in connection with the property and has been remediated, with such remediation accepted by the responsible regulatory agency (for example, as evidenced by the issuance of a no further action letter or equivalent), this condition shall be considered a historical recognized environmental condition. material threat – a physically observable or obvious threat which is reasonably likely to lead to a release that, in the opinion of the environmental professional, is threatening and might result in impact to public health or the environment. An example might include an aboveground storage tank system that contains a hazardous substance and which shows evidence of damage such that it may cause or contribute to tank integrity failure with a release of contents to the environment. threat to human health or the environment – a substantial risk of harm to public health or the environment resulting from the presence or likely presence of an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property. An example might include a release of a hazardous substance in concentrations exceeding applicable governmental agency standards under conditions that could reasonably and foreseeably result in substantial exposure to humans or substantial damage to natural resources. The risk of that exposure or damage would represent a threat to human health or the environment.

Project No. 09.10080.0001 Diablo Green Consulting Inc.