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Opening Starbucks Coffee Shop on Campus (2022) – Assisted Ohlone Community College District in negotiating a detailed Master Licensing Agreement with Starbucks to open a new Starbucks coffee shop on the District’s campus.

Private Construction Agreements (2022)Assisted a non-profit private school in negotiating detailed Guaranteed Maximum Price agreement and amendments for multi-million dollar construction project.

Donation and Use Agreements (2021-2022)Assisted a community college district in negotiating detailed gift and facilities use agreements with a donor in return for over $8 million to assist the District in construction costs for new facilities.

Construction Front End Documents (2021) – Assisted a community college district in preparing detailed front end documents to use on multi-million dollar construction projects for the District.

Property Purchase Negotiations and Agreements (2021) – Assisted a private school in purchasing property in Los Angeles County in a $5.6 million transaction. Chris assisted the school with negotiating the Letter of Intent and the sale terms, including the counter offer language and related addenda. He also reviewed due diligence documents, and worked with the broker and school on issues relating to the title report, tenant issues, easements, loan documents, etc.

Construction, Civic Center Act, and Use Agreements (2016-2017)Assisted a community college district in negotiating detailed construction, donation, and facilities use agreements with a donor, including advising on and negotiating with the donor on multiple Civic Center Act issues related to using the new facilities.

Lease Agreement (2016, 2017, 2021, & 2022) – Prepared bid documents and negotiated and prepared a lease agreement between a community college district and a community group to allow regular monthly use of meeting space, and provide for construction improvements and upgrades of district buildings, at terms advantageous to the District.

Construction, Civic Center Act, and Use Agreements (2016-2017)Assisted a community college district in negotiating detailed construction, donation, and facilities use agreements with a donor, including advising on and negotiating with the donor on multiple Civic Center Act issues related to using the new facilities.

Sale of Surplus Property (2014-2015) – Effected a successful sale of surplus property for over seven figures for a community college district.  The District sold the surplus property to the highest bidding private party after it sent all required public written offers and notices to various public and nonprofit entities.  Christopher prepared the required public offers and notices related to the sale of the property and the necessary Board resolutions and findings permitting the District to sell the surplus property directly to a private party. Upon approval by the Board Christopher prepared and negotiated the purchase agreement. Christopher also helped the District negotiate a settlement with a high bidder when the bidder withdrew its bid and threatened to sue the District after trying to negotiate a lower purchase price than listed in its bid.  The District was able to keep the bidder’s non-refundable deposit and avoid litigation.  During escrow, Christopher assisted the District in producing the appropriate documentation and handled issues that arose during the transaction. Escrow closed on time and the District promptly received payment for the sale.

Merced Community College District – Sale of Surplus Property (2012) – Effected a successful sale of surplus property for over seven figures for the Merced CCD. MCCD sold the surplus property to a local K-12 school district. We prepared the necessary Board resolutions and findings permitting the District to sell the surplus property directly to another public entity. Upon approval by the Board, prepared and negotiated the purchase agreement. During escrow, assisted the District in producing the appropriate documentation and handled issues that arose during the transaction, including the need to have a Board approved an amendment to the purchase agreement. Escrow closed on time and the District promptly received payment for the sale.

AB 2192 Increases CUPCCAA Bid Thresholds
10/17/2024
LCW Special Bulletin

Assembly Bill 2192 (“AB 1292”), effective January 1, 2025, will increase the bidding thresholds for public agencies who have adopted the California Uniform Public Construction Cost Accounting Act (“CUPCCAA”). Public agencies that adopt CUPCCAA may award or perform public projects at higher bid...

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Tax Proposal May Terminate ERC Program as of January 31, 2024
01/24/2024
LCW Special Bulletin

Employers considering filing employee retention credit (“ERC”) claims with the IRS should be aware that a new congressional tax proposal, called the Tax Relief for American Families and Workers Act of 2024, advocates moving the filing deadline for ERC claims up to January 31, 2024. Currently, the...

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Bid Threshold Increased to $114,500 for Community College and School District Contracts
01/04/2024
LCW Special Bulletin

As of January 1, 2024, the bid threshold over which community college and school district governing boards must competitively bid and award certain contracts was increased from $109,300 to $114,500. This bid threshold applies to the following types of contracts:

Purchase of equipment, materials,...

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Insurance Policy Defense Provisions Do Not Automatically Bestow Defense Rights on Third Parties Not Named as Additional Insureds.
02/02/2023
Business & Facilities

Chris LaBarbera hired Knight Construction to remodel a house. Their contract required Knight to defend and indemnify Mr. LaBarbera for all claims arising out of the work. Knight obtained a general liability insurance policy from Security National Insurance Company that covered damages Knight was...

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Say “See Ya” to the CEQA for Qualified Student Housing Projects
10/03/2022
LCW Special Bulletin

California just passed a bill to expedite the process for public universities developing student housing projects in order to meet the demands of the growing housing crisis. SB 886 was signed by the Governor on September 28, 2022, and streamlines the process by exempting community college districts...

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Paycheck Protection Program Loan Application Period Extended To May 31, 2021
03/31/2021
LCW Special Bulletin

On March 30, 2021, the President signed the Paycheck Protection Program Extension Act of 2021 (Act).  This Act extends the deadline for businesses and independent contractors to submit applications for the Small Business Administration’s (SBA) Paycheck Protection Program (PPP) Loans from March 31,...

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The Economic Aid Act Restarts PPP Loans and Provides Nonprofits an Opportunity for a Second Forgivable PPP Loan
03/08/2021
LCW Special Bulletin

On December 27, 2020, the government enacted the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Economic Aid Act) to provide businesses continued relief caused by the impacts of COVID-19.  The Economic Aid Act restarts the Paycheck Protection Program (PPP) by providing an...

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The Economic Aid Act Restarts PPP Loans and Provides Schools an Opportunity for a Second Forgivable PPP Loan (Nonprofits)
01/19/2021
LCW Special Bulletin

On December 27, 2020, the government enacted the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (Economic Aid Act) to provide businesses continued relief caused by the impacts of COVID-19.  The Economic Aid Act restarts the Paycheck Protection Program (PPP) by providing an...

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Paycheck Protection Program Loan Application Period Extended To August 8, 2020
07/10/2020
LCW Special Bulletin

On July 4, 2020, the President signed the Paycheck Protection Program Extension Act (“Act”).  This Act extends the deadline for businesses and independent contractors to submit applications for the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) Loans from June 30, 2020,...

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Government Enacts “Paycheck Protection Program Flexibility Act of 2020” to Amend Paycheck Protection Program Loans
06/12/2020
LCW Special Bulletin

On June 5, 2020, the President signed into law the “Paycheck Protection Program Flexibility Act of 2020” (“PPP Act”) to amend the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”) Loan program enacted under the CARES Act.  The PPP Act modifies many of the PPP Loan program...

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Small Business Administration (“SBA”) Releases Paycheck Protection Program (“PPP”) Loan Forgiveness Application
05/21/2020
LCW Special Bulletin

On May 15, 2020, the Small Business Administration (“SBA”) issued its Paycheck Protection Program (“PPP”) Loan Forgiveness Application and related instructions.  Organizations that received a PPP Loan must complete this Application and submit it to their lender to apply for forgiveness of that PPP...

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Small Business Administration (SBA) Provides Guidance on Good Faith Certifications Needed to Obtain a PPP Loan: What Nonprofit Employers Need to Know
04/24/2020
LCW Special Bulletin

Under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), banks and lenders may provide up to $349 billion in forgivable loans to small businesses under the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”).  Lenders exhausted the entire $349 billion set...

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Small Business Administration (SBA) Provides Guidance on Good Faith Certifications Needed to Obtain a PPP Loan
04/24/2020
LCW Special Bulletin

Under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), banks and lenders may provide up to $349 billion in forgivable loans to small businesses under the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”).  Lenders exhausted the entire $349 billion set...

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The CARES Act Provides Forgivable SBA Loans for Nonprofits to Help Pay Employees and Other Costs
04/03/2020
LCW Special Bulletin

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) authorizes banks and lenders to provide up to $349 billion in potentially forgivable loans to small businesses under the Small Business Administration’s (“SBA”) Paycheck Protection Program.  The CARES Act includes these federally...

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The CARES Act Provides Forgivable SBA Loans for Private Schools to Help Pay Employees and Other Costs
04/03/2020
LCW Special Bulletin

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) authorizes banks and lenders to provide up to $349 billion in potentially forgivable loans to small businesses under the Small Business Administration’s (“SBA”) Paycheck Protection Program.  The CARES Act includes these federally...

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