Pre-Development Feasibility Analysis

This Pre-Development Feasibility Analysis will inform the owner – who has site control by ownership or option agreement - a viable possibility for site development to assist the owner(s) in making clear decision choices.

This 3w-B Group analysis includes:

PART 1:

Preliminary Title Report Review.
- Property Legal Description, Tax Assessor Data, Parcel Map of Site, Land Use Restrictions (LURA), Evidence of Property Exemption, Liens and Ownership / Entity duration of ownership.
Regional Housing Needs Allocation and Housing Element - City and County Review.
- Site’s Federal & State Representative Districts leaders contact included.
Preliminary available Sources of Funds matrix
- Identification of financing sources for each element of the Project, and
- Includes sites location for Transit-Oriented Development (TODs), Opportunity Zones, Disadvantage Development Areas (DDAs), Qualified Census Tracts (QCTs), and USDA Rural Designation, if applicable.

PART 2:

Preliminary Project Financial Modeling
- Includes estimates for pre-development costings, rental income projections, funding sources and 20-year financial pro-forma.
  - Prepare development budgets, cash flows, etc. for the Project using cost and rent roll estimates approved by Owner.
Preliminary Appraisal Report Review
- Market Value “as is” of the fee simple interest in the property
- Indication of land value as if vacant
  - Research local market conditions, neighborhoods, comparable properties.
- Preliminary Planning, Zoning Issues discovery
- CEQA and preliminary approval process implications, limitations and timeliness, if applicable.

Announcement: Independent Contractor Law is not applicable for The 3-wB Group contractual service

A new law (AB5) on how to determine whether California workers are employees or independent contractors (ICs) went into effect on January 1, 2020. The law requires that a strict new ABC test be used to determine whether many California workers are employees or IC's. The new law applies to all California workers, to pass muster as ICs under the Borello test, the test in effect before AB5 was enacted. So, it should be much easier for these workers to qualify as ICs than under the ABC test.

The Borello test (based on the California Supreme Court's decision in Borello vs. Dept. of Industrial Relations) is similar to the right of control test used by the IRS. It's not nearly as strict as the ABC test. Under this test, the most significant factor is whether the hiring firm has control or the right to control the worker both as to the work done and the manner and means in which it is performed. Given the most weight is whether the worker is engaged in an occupation or business that is distinct from that of the hiring firm.

Business service providers involved in a bona fide business-to-business contracting relationship are ICs if (1) they pass the Borello test, and (2) they satisfy the following criteria. The business service provider (worker):

is free from the hiring firm's control and direction while performing the work (this must be set forth in the contract and be true in fact); Please see Non-Disclosure Agreement (NDA).
provides services directly to the contracting business rather than to customers of the contracting business
has a written contract. Please see Consulting Agreement with Scope of Services.
has all required business licenses (CA Broker #01379385) or business tax registration
maintains a business location separate from the business or work location of the hiring firm
is customarily engaged in an independently established business of the same nature as that involved in the work performed
actually contracts with other businesses to provide the same or similar services and maintains a clientele without restrictions from the hiring firm. A Management Development Agreement (MDA) will be mutually agreed upon.
advertises and holds itself out to the public as available to provide the same or similar services
provides its own tools, vehicles, and equipment to perform the services
can negotiate its own rates
consistent with the nature of the work, can set its own hours and location of work, and
is not performing the type of work for which a license from the Contractor’s State License Board is required.