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Brett M. D'Spain
Four Corners Planning & Permitting, LLC
954 East Second Avenue, Suite 101
Durango, CO 81301

brett@4cornersplanning.com
(970) 259-6213 - Office
(970) 259-6519 - Fax

Industry Terms

As-Built Plan -
A drawing which covers property boundaries, streets bordering the site and building layouts and provides accurate scale and a north arrow.

Building Codes -
A compilation of rules adopted by the municipal, county and/or state governments having jurisdiction over the Property that govern the property’s design &/or construction of buildings.

Building Systems -
Interacting or interdependent components that comprise a building such as structural, roofing, side wall, plumbing, HVAC, water, sanitary sewer and electrical systems.

Commercial Real Estate -
Any real property except a dwelling or property with only one to four dwelling units for residential use. The term “commercial real estate" includes but is not limited to properties used for industrial, commercial, medical or educational purposes and properties used for residential purposes which have more than four residential dwelling units.

Commercial Real Estate Transaction -
A transfer of title to, or possession of real property or receipt of a security interest in real property, except that it does not include transfer of title to or possession of real property or the receipt of a security interest in real property with respect to an individual dwelling or a building containing less than five dwelling units, nor does it include the purchase of a lot or lots to construct a dwelling for occupancy by a purchaser, but a commercial real estate transaction does include real property purchased or leased by persons or entities in the business of building or developing dwelling units.

Construction Debris -
Concrete, brick, asphalt and other such material discarded in the construction or demolition of an improvement to property.

Construction Document Review and Budget Analysis -
A comprehensive review of construction documents, including a budget comparison analysis. The service also includes the review of many related construction documents including specifications, soils report, architectural contracts, engineering contracts, construction contracts, environmental reports, utility agreements, and regulatory requirements. Documents are reviewed to determine the viability of the project and budget, along with the completeness of the documents. A site visit is recommended for any renovation work.

Construction Loan Administration Services -
The review and monitoring service for commercial construction projects that helps identify problems and oversights. CLA services resolve these project-stopping issues while they are small and manageable.

Construction Monitoring -
A comprehensive site observation and evaluation summary, which includes EMG’s evaluation and recommendations on the construction draw request. Draw documents must be provided before the site visit. The service is designed to provide EMG’s client with up-to-date data on the validity of the draw request compared to actual percent of construction completed, construction progress, and quality of construction. It also includes a review of schedules, change orders, lien waivers, regulatory compliance and quality control.

Deferred Maintenance -
Deficiencies that result from postponed maintenance, or repairs that have been put off until a later time and that require repair or replacement to an acceptable condition relative to the age of the system or property.

Draw Request -
A package of legal and other related documents supplied by the Borrower to the Lender for the purpose of receiving a funding advancement.

Due Diligence -
The process of inquiring into the environmental characteristics of a property.

Dwelling -
Structure or portion thereof used for residential habitation.

Environmental Audit -
The investigative process to determine if an existing facility is in compliance with applicable environmental laws and regulations.

Engineering -
Analysis or design work requiring extensive formal education, preparation and experience in the use of mathematics, chemistry, physics, and the engineering sciences as provided by a Professional Engineer licensed to practice engineering by any state of the 50 states.

Fill Dirt -
Dirt, soil, sand or other earth obtained off-site, that is used to fill holes or depressions, create mounds or otherwise artificially change the grade or elevation of real property. It does not include material that is used in limited quantities for normal aesthetic landscaping activities.

Hazardous Material -
A hazardous material (HM) is any substance or mixture of substances having properties capable of producing adverse effects on the health and safety or the environment of a human being. Legal definitions are found in individual regulations.

Hazardous Waste Management -
Systematic control of the collection, source separation storage, transportation, processing, treatment, recovery and disposal of hazardous wastes.

Hazardous Waste Site -
A location where hazardous wastes are stored, treated, incinerated or otherwise disposed.

Inaccessible Area -
Space enclosed with wall board or other similar material, locked area or any space which would require destructive measures (i.e., cutting, hammering, removing, etc.) to gain access.

Owner -
Holder of legal or equitable title to real property.

Phase I Environmental Site Assessment -
The process of evaluating a Property which typically includes: review of records, both public and private; site reconnaissance of the Property; interviews with current owners and operators of the Property; and evaluation and report preparation.

Pre-Construction Document and Budget Analysis Review -
An up-front comprehensive review to make sure a construction project is completely and adequately planned before significant commitments are made and construction begins. The PCR validates that the key components of a project are in-place, reasonable, and financially sound.

Primary Improvements -
The site and building improvements that are of fundamental importance with respect to the Property.

Project -
Scope of services to be performed in conjunction with a specific property.

Property -
The real property which is the subject of the inquiry. Real property includes buildings and other fixtures and improvements located upon the property and affixed to the land.

Property Condition Assessment -
Determines the present physical condition of the Project improvements and provides a professional opinion regarding future anticipated issues, which may result in a financial risk or liability to the Client. The process includes a visual walk-through to observe the existing conditions along with review of available construction documentation, public records and current budgets. This information is then deciphered and presented with recommendations for repair or further detailed review if the issues cannot be determined through visual observation alone.

Radon -
A radioactive gas which occurs form the natural breakdown (radioactive decay) of uranium. Radon cannot be seen, smelled or tasted. Radon can be found in high concentrations in soils and rocks whether from natural sources, industrial wastes or by-products of uranium or phosphate mining. Outdoor air contains such low concentrations of radon that there is generally not a health problem. However, in an enclosed space, such as a home, radon can become concentrated in higher levels which may cause health concerns.

Remaining Useful Life -
The consultant’s professional opinion of the number of years before a system or component will require replacement or reconditioning. The estimate is based upon observation, available maintenance records, and accepted EUL’s for similar items or systems. Inclement weather, exposure to the elements, demand on the system, quality of installation, extent of use, and the degree and quality of preventive maintenance exercised are all factors that could impact the RUL of a system or component. As a result, a system or component may have an effective age greater or less than its actual age. The RUL may be greater or less than its Expected Useful Life (EUL) less actual age.

Replacement Reserves -
Major recurring probable expenditures, which are neither commonly classified as an operation or maintenance expense. Replacement Reserves are reasonably predictable both in terms of frequency and cost. However, they may also include components or systems that have an indeterminable life but nonetheless have a potential liability for failure within the reserve term.

Short Term Repair Costs -
Opinions of Costs to remedy Physical Deficiencies, such as deferred maintenance, that may not warrant immediate attention, but requiring repairs or replacements that should be undertaken on a priority basis, taking precedence over routine preventive maintenance work within a zero to one year time frame. Included are such Physical Deficiencies resulting from improper design, faulty installation and/or substandard quality of original system or materials. Components or systems that have realized or exceeded their Expected Useful Life (EUL) that may require replacement to be implemented within zero to one-year time frame are also included.

Small Quantity Generators (SQGs) -
Defined as facilities producing less than 1,000 kilograms of hazardous waste per calendar month (kilograms per month), which is the equivalent of about 300 gallons or about five 55-gallon drums; note, however, some states define SQGs more narrowly.

Soil and Groundwater Analysis -
Tests used to determine the presence of superficial or subsurface contamination and concentration levels; may involve soil borings and installations of test pits and/or observation wells.

Soil Vapor Surveys -
Surveys using gas chromatography equipment to map potential soil and groundwater contamination.

Solid Waste Facilities/Landfill Sites (SWF/LS) -
SWF/LS type records typically contain an inventory of solid waste disposal facilities or landfills in a particular state. Depending on the state, these may be active or inactive facilities. The Federal Open Dump Inventory has been incorporated into SWF/LS.

Solvent -
An organic chemical-based liquid that is capable of dissolving another substance and is itself a hazardous substance; used in a number of manufacturing/industrial processes including the manufacture of paints and coatings for industrial and household purposes, equipment clean-up and surface degreasing in metal fabricating industries.

Specialty Consultants -
Practitioners in the fields of engineering, architecture; or, building system mechanics, specialized service personnel or other specialized individuals that have experience in the maintenance and repair of a particular building component, equipment, or system that have acquired detailed, specialized knowledge in the design, evaluation, operation, repair, or installation of the particular component, equipment, or system.

State Hazardous Waste Sites (SHWS) -
State hazardous waste site records are the states' equivalent to CERCLIS. These sites may not be listed on the federal CERCLIS list. Priority sites planned for cleanup using state funds (state equivalent of Superfund) are identified, along with sites where cleanup will be paid for by potentially responsible parties. Available information varies by state.

Structural Component-
A component of the building which supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).

Topography
-
The configuration of the land surface area, including its relative elevations and the position of natural and artificial features.

Underground Storage Tank (UST) -
Any tank, including underground piping connected to the tank, which is or has been used to contain a hazardous substance or petroleum, and the volume of which is ten percent or more beneath the surface of the ground.

User -
The party seeking to use the Phase I Environmental Site Assessment to perform appropriate inquiry with respect to the Property. A User may include without limitation, a purchaser of property, a potential tenant of property, an owner of property, a lender or a property manager.

Walk-through Survey -
The Project Manager’s site visit of the Property consisting of his visual reconnaissance and scan of readily accessible and easily visible components and systems. This definition connotes that such a survey should not be considered in depth, and is to be conducted without the aid of special protective clothing, exploratory probing, removal of materials, testing, or the use of special equipment such as ladders, scaffolding, binoculars, moisture meters, air flow meters, or metering/testing equipment or devices of any kind. It is literally the Project Manager’s walk of the Property and observations.

Wastewater -
Water that (i) is or has been used in an industrial or manufacturing process, (ii) conveys or has conveyed sewage, or (iii) is directly related to manufacturing, processing or raw materials storage areas at an industrial plant. Wastewater does not include water originating on or passing through or adjacent to a site, such as storm water flows, that (i) has not been sued in industrial or manufacturing processes, (i) has not been combined with sewage, (iii) or is not directly related to manufacturing, processing or raw materials storage areas at an industrial plant.