What's it like to work with F3?

Trust F3 to guide you through even the most complex transactions, smoothing the way with our extensive experience combined with a thorough, calm, and thoughtful approach focused on helping you see past the challenges to the end result. Every transaction has both a legal side (what you can and/or must do) and a strategic side (what you probably should do); we’ll give you our best advice on both.

What can F3 solve for you?

Navigating the complex processes required for buying, selling, and using school properties means managing intricate transactions, complex legal requirements, many relationships, and resolving disputes when they can’t be avoided. Because F3 is about education top to bottom, school real estate is a critical part of the picture. We’re here to help you manage everything related to the ground schools stand on.

“Public school districts own an incredibly large portion of land within the state of California. F3 attorneys know how valuable these properties are as the environments that facilitate student learning, and we are attuned to how the unique duty of public schools impacts the operation and management of these sites. We simplify the legal process and structure transactions to maximize a district’s goals and values.”

Sarah D. Polito, Partner

F3 attorneys understand that while always advocating for the district, most real property transactions are cooperative efforts where both patience and creativity may be needed to achieve both parties’ goal of closing the deal. No two real estate transactions in which school districts, community colleges, and other higher education institutions engage are alike. There are various levels of decision-making that may include superintendents or assistant superintendents, chancellors, chief business officers, administrative services directors, in-house counsel, and board members. Real estate transactions have funding requirements, require detailed title review, compliance with statutory obligations, zoning and environmental considerations, negotiations, consideration of community impacts, and so much more. As one of the premier education-focused law firms in California and nationally, we know what it takes to give education a place to happen – with all of the complexities, processes, conflicts (sometimes), and variations that entails.

Buying and Selling Property

F3 attorneys regularly assist with every aspect of purchasing and selling school properties. We analyze title reports that provide critical information about the property, assist with negotiating the terms of sale, and prepare all agreements that dictate the process, price, timeline, escrow, etc. We regularly review and structure appraisals and assist in analyzing feasibility studies and may need to negotiate underlying appraisal assumptions as part of negotiating a price. When a district considers buying a property, we assist in performing a site assessment to ensure the property meets required environmental standards and is suitable for a school site. On the sale side, we often help districts divest properties they no longer need and assist with the many complexities from initial closing of the school through ultimate disposition.

Property use and other agreements

Our real property attorneys regularly draft and negotiate easements, restrictive covenants, joint use agreements, facility use agreements, leases, and subleases related to surplus school sites, athletic fields, and other recreational facilities, as well as property access agreements associated with, for example, cell tower installations and Civic Center Act uses of public property. We also provide districts with necessary support and guidance regarding inverse condemnation and eminent domain matters.

Zoning issues

Zoning can be a complicated matter. We’re well-acquainted with the zoning regulatory authorities throughout the state and have appeared before local planning commissions and other governmental agencies. Our firm provides significant planning experience, including compliance with general and specific plans, municipal and county zoning requirements, subdivision laws, conditional use permits and variances, and other entitlement and approval matters.

Environmental suitability and CEQA

Real estate transactions for schools generally entail compliance with the California Environmental Quality Act (CEQA), which requires public agencies such as school districts to consider the environmental consequences of their actions. CEQA is intended to “inform government decisionmakers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage.” F3 advises districts on whether a project is subject to CEQA, regarding applicable statutory or categorical exemptions, helps prepare and submit CEQA documents, and may engage an experienced environmental consultant to complete the required impact studies. The Governor’s Office of Planning and Research (OPR) administers CEQA; however, CEQA is enforced through litigation, with which F3 is always prepared to assist if necessary.

Resolving disputes

Our attorneys prepare, review, negotiate, administer and enforce letters of intent, memoranda of understanding and contracts related to the acquisition and exchange of real property. If contractual disputes arise, our litigation team is skilled in dispute resolution, including enforcing, prosecuting, and defending contracts in court or, better yet, through settlement negotiations, arbitration, or mediations.

Explore what we’ve done

  • Assisted a school district in a large county with simultaneous analysis of alternative use options for six surplus school sites
  • Negotiated purchase and sale agreements for multiple surplus school sites owned by a school district anticipated to result in proceeds in excess of $40 million
  • Orchestrated the splitting of a surplus property site and concurrent development of the two sites. The resulting parcels required negotiation and drafting of a unique cooperation agreement between the developer and city staff
  • Assisted in the transfer of a cemetery property owned by a district to the local historical society
  • Advised a district regarding the potential implications associated with two unique environmental conditions at separate operative school sites, discovered in a five year period, and assisted with the potential school closure implications
  • Assisted in the lot-line adjustment process to navigate an adjacent landowner property dispute involving the locations of large trees
  • Assisted in negotiating special terms for the application of an alternative zoning designation to a public site as a condition to inclusion in a specific plan

F3 is known for these strengths

Title review

In a property sale or purchase, we work with title companies to review and modify  title reports to structure the applicable title insurance for a transaction.

Preparation of purchase and sale agreements

Once a district buyer and seller decide on the terms of the deal, we assist in drafting the agreements that dictate the sale process – price, escrow etc.

Review and structuring of appraisals and feasibly studies

For a property sale or purchase, we assist in getting an appraisal of the value, which may include negotiating the underlying assumptions. We also assist with review of feasibility studies when necessary.

New school site assessment

Typically, a set of standards regarding environmental conditions will apply to a proposed school site. We work with districts to ensure standards are met, ensuring the property is suitable for a school.

Surplus property process for dispositions

If a site is no longer needed for school uses, we help with structuring constructive community feedback  necessary for closing of the school and work alongside district administrators to facilitate a surplus property (7-11) committee to determine if it is indeed surplus and in its review and evaluation of all relevant data to provide the board with recommendations on how to maximize the benefit in disposition of the property.

Reviewing and drafting of leases and facility use agreements

We assist with leases of district property and facility use agreements under the Civic Center Act regarding the use of public property.

Zoning issues

Our attorneys advise clients a broad range of complex zoning issues and regularly appear before regulatory authorities throughout the state, local planning commissions, and other governmental agencies.

Negotiate cell tower leases

We work with school districts when communications companies want to license portions district property for erecting and operating a cell tower and when these leases require modification. Our attorneys are experienced in ensuring that districts get the benefit of these transactions.

Analysis of potential district property use under the Civic Center Act

We help districts analyze requests for a “civic” use of district property by various organizations under the legal requirements of the Civic Center Act.

School closure process

School closures may be highly political as well as emotional for a community. The California Department of Education provides best practices for this process. F3 often facilitates community meetings and implementation of best practices.

Parcel splits and lot line adjustments

We work with districts when they wish to divide parcels of district property and help resolve any disputed lot line issues.

Easements, access agreements

When easements are requested over district property – for water, sewer, and utility lines, or road access, for example – we draft agreements that make sense for all parties.

Eminent domain proceedings

Occasionally a district needs to acquire property via eminent domain because there is not a willing seller. We help facilitate these transactions and ensure that all legal guidelines are met.

California Environmental Quality Act (CEQA) compliance

CEQA review may be necessary to determine environmental impacts of the proposed project. F3 attorneys are experienced guides through the process, from evaluation of the appliable statutory and categorical  exemptions to assisting with preparation and analysis of an Initial Study and resulting Negative Declarations, Mitigated Negative Declarations and full Environmental Impact Reports.

Resolving disputes

No matter the source of a dispute, our litigation team is skilled in resolving them through negotiation, mediation, or arbitration when possible, or in state or federal court when necessary.

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