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1985/03/06 - Agenda Packet
C~CAAfp~ ~~ 1 7n RAlVl7'lO (.UCAMONCiA e a x ; _ T CITY COUNCIL ~ z t1GENL2~1 U > 1977 Lione Park Community Center 9161 Baee Line Road Rancho Cucamonga, California March 6. 1985 - 7:30 n.m. • All items anhmitted for the City Co®cil Asenda aomt be in vritiog. the deadlim for amhmi[CinS there itm i• 5:00 p.m. w the Yedmeaday prior to the meeting. The City Clerk'• Office reeei~ea ^11 nosh items. 1. CALL TO OtDR A. Pledge of Allegiance [o Flag. B. Roll Call: Ati ght Buquet _, Mikela _, Dahl ~, and Ring C. Approval of Ninu[es: 2. AII~OOACH19S8/PtESmITAiIOIIS A. Thursday, March 7, 1985, 7:00 p.m. - HISTORIC PRESERVATION COMMISSION, Lione Park Community Ceatet. B. Wednesday, March 13, 1985, 1:00 p.m. - PLANNING COMMISSION, Lions Park Community Center. C. Wednesday, March 14, 1985, 6:00 p.m. - Day Creek Facilities Norkshop (see leer page). ~~ City Council Agenda -2- March 6, 1985 i 3. CO.AB12 GALB111At The follomina Cooaent Calendar iteau are eryected to be rantim and nos-eontro~ezaial. Sbe7 ~i 11 be acted upon by the Conncil at one tine mithoat discooion. A. Apprwel of Warr ante, Register No'e. 85-03-06 and i Payroll ending 02/17/85 for the total amount of $621,231.00. B. Porvatd Claim (CL 85-05) against [he Ci[y by Kimberly Dew Schenk, des th due to personal inj arise on July I8, 1984, on Foothill Boulevard, east of Turner Avenue. C. Porwazd Claim (CL 85-06) age inet the City by Hward F, 8 Marshall, damage to truck due to falling tree on January 12, 1985, at 5975 Aellman Avenue. D. Forward Claim (CL BS-07) egainet the City by Gabriel 9 Lopez, personal injuries on January 3, 1985. E. Forverd Claim (CL 85-OB) egainet the City by Connie 10 Lit to ll, personal injuries on October 14, 1984, a[ the Rancho Cucamonga Wine Pe etival, Raven S Arrw. • F. Appr wal of Parcel Map 8303 located at [he northwest 13 corner of Foothill Boulevard and Raven Avenue, submitted by C/A Limited. RESOLUTION N0. 85-57 15 A RESOLUTION OF THE CITY COllNCIL OF TAE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP N0. 8303, (TENTATIVE PARCEL NAP N0. 8303) C. Approval of Parcel Map 9025 located on the west aide of 16 E[iwande Avenue, north of ea ee Line Roed, submitted by R.C. Land Compaoq. RESOLUTION N0. 85-58 I8 A RESOLUTION OF TAE CITY COUNCIL OP THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING PARCEL MAP 9025 City Council Agenda -3- Narcb 6, 1985 H. Approval of acceptance of Tract No. 12525, Bonds, 19 Agr cements and Summary Vacation of a portion of Center A,renue, located on the vest aide of Center Avenue be tveen Arrw flighvay and 2fi [h Street, submitted by Deer Creek Partners. RESOLUTION N0, 85-59 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVElMNT AGREEIN;NT, INPROYENENT SECURITY, AND FINAL NAP OF TRACT N0. 12525, 12739, 12740 AND 12741 RESOLUTION N0. 95-60 61 A RESOLUTION OF THE CITY COllNCIL OP THE CITY OF RANCHO COCAMONGA, CALIFORNIA, SUMMARILY ORDERING IEE VACATION OP A PORTION OF CENTER AYENDE IN CONNECTION WITH TRACT N0. 12525 I. Release of Bonda: TRACT 9589 - located on Bed Hill Country Club Drive, 64 vas[ of Carnelian; ovner, The Deer Crack Company. • Accept: Hain Cevance Guarantee Bond S 2,600.00 Release: Faithful Perf onnance Bovd SZ6 ,000 .00 RESOLUTION N0, 85-61 57 A RESOLUTION OF TEE CITY COUNCIL OP THE CITY OF RANCRO CUCAHONGA, CAL IPORNIA, PUBLIC IMPROYENEN TS FOR TRACT 9589 AND AUTAORIZINC THE FILING OF A NOTICE OF COMPLETION FOR THE NORK J. Approval to release Real Property Improvement Contract 68 and Lien Agreement end accept a replacement Lien Agreement in conjunction with the Virginia Dare Vinery project located on the nar thveat corner of Raven Avenue and Foothill Boulecatd, aubmicced by C/A Limited. City Council Agenda -4- March 6, 1985 RESOLUTION N0. 85^fi2 ~3 A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF RANCHO COCANONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM C/A LIMITED, FOR PARCEL MAP 8303 AND AUTRORIZING THE MAYOR AND CITY CLERR TO SIGN THE SAME RES OLllTION N0. BS-63 '~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAHONGA, CALIFORNIA, A$EASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FRON C/A LIMITER R. Appzwnl of eddi ti oral expenditure of 545,000.00 for 'S [he ne ce eeary repairs due [o unanticipated unstable eubgtede and [he completion of San Bernardino Road be [ween Malacb its and Archibald on the San Bernardino Raad/Church Street Impr wement Project. L. Approval of Resolution supporting the amendment of 75 Insurance Code Section 533, Evidence Code Section 352 and Gov er®en[ Code Se ct ions 825 end 996 as they • concern Punitive Damages. RESOLUTION N0. 85-64 ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUPPORTING AN- RECOMMENDING THE AMENDMENT OF INSURANCE CODE SECTION 513, EVIDENCE CODE SECTION 352 AND GOVERNMENT CODE SECTIONS 825 AND 990 AS THEY CONCERN PllNITIVE DANAGES M, Approval to submi! app lica[iona for funding under the 79 Roberti-Z'Berg Program for the Redevelopment of play areas at Beryt and Lioae Parke. RESOLUTION N0. 85-65 S3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM City Council Agenda -5- March 6, 1985 • N. Approval by the City Council supporting Republic Health Corporati on'e application for a full aerv ice General Acute Hospital in the City of Rancho Cucamonga. RESOLUTION NO. 85-66 65 A RESOLUTION OF THE CITY CODNCIL OF THE CITY OF RANCRO CDCANONGA, CALIPORNIA, SDPPORTING REPUBLIC HEALTH CORPORATION APPLICATION FOR CERTIFICATE OF NEED FOR THE STATE OF CALIFORNIA 0. Bet public hearing for Nerch 20, 1985, to conei der [he Preliminary eta tement of community ob ject ivee and pr ojecte proposed for Block Gzan[ funding. P. Set public hearing for March 20, 1985, for Env iro~mental Ae seesment and General Plen Amendment 85-OIA. Q. Se[ public hearing for Nerch 20, 1985, for adoption of 1982 Uniform Houe ing Code. R. Se[ public hearing Eor April 3, 1985, for Env iroomemtal Ae se cement and General Plan Amendment 85-018, TAC • Development. S. Set public hearing for April 3, 1985, for Environmental Assessment and Development Die[ric[ Amendment 85-01, TAC DeVel opmen[. T. Se[ public hearing for April 3, 1985, for Environmental As se esment and Development Review 85-01, TAC Development. U. Bet public hearing for April 3, 1985, for Development Agreement, TAC Development. 4. ADYWtIBW POp.IC BBAtIDG3 A. APPEAL OF TREE REMOVAL PERMIT 85-OS - Ptopc r[y omoera 86 adjacent co Trecte 11609 6 9441 have appealed [he approved Tree Removal Permit 85-05. City Council Agenda -6- Aarch 6, 1485 8. ENVIRONMHNTAL ASSESSMENT AND INDUSTRIAL EPECIFIC PLAN AMENDNHNT 84-02 - HAVEN AVENUE OPEBLAY DISTRICT - Amendment of Pazt III of the Industrial Area Specific Plen to establieb a Raven Avenue Overlay District, located on bo[h sides of Aaven Avenue between Foothill Aou levard and 4tb Street. I[em con[inued from February 20, 1985 meeting. ORDINANCE N0. 244 (second reading) 91 AN ORDINANCE OF THE CITY COUNCIL OF TAE CITY OF RANCHO CDCANONGA, CALIFORNIA, AMEN-ING PRAT III OF THE INDUSTRIAL AREA SPECIFIC PLAN TO ESTAHLISfl A AAYEN AVENUE OVERLAY DISTEICT LOCATED ON EOTH SIDES OF HAVEN AVENUE BETWEEN FOOTHILL AOULEVARD AND 4T11 STREET C. ADOPTION OF 1982 UNIFORM NECRANICAL CODE - Tbis 106 sdop[i on will enacC the latest available edition of the na[i ovally recognized Ugif orm Mechanical Code and fuifi7.1 Stets mandate Eor its adoption, ORDINANCE N0. 252 (first reading) 107 AN ORDINANCE OF THE CITY COUNCIL OP THE CITY • OF RANCHO CUCAMONCA, CALIFORNIA, ADOPTING THE 1982 EDITION OF TAE UNIFORM MECAAN ICAL CODE D. ORDERING THE WORK IN CONNECTION WITH ANNBRATION N0. 21 l11 TRACT NO$. 12320 12390. 11606-1. 10046. 10047, 12121 AND 9619 TO LANDSCAPE MAINTENANCE DISTRICT N0, 1 RESOLUTION N0. 85-67 127 A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITR ANNEF.ATION N0, T1 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAt ENGINEER'S REPORT FOR TRACT NOS. 12720, 12390, 11606-1, 10046, 10047, 12721 AND 9619 E. ORDERING THE WORK IN CONNECTION WITH ANNE1fAT10N N0. 8 L28 AND ANNEEATION N0. 6 POR TRACT NOS. 12390. 11606-1, 10046 10047 12490. 12790 AND 9619 TO 8TREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND N0. 2 City Council Agenda -7- March 6, 1985 RESOLUTION N0. 85-68 l+6 A R850LUTLON OF THE CITY COUNCIL OP TflE CITY OP RANCHO COCAMONGA, CALIPORNIA, ORDERING THE WORK IN CONNECTION WITE ANNERATION N0, 8 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12320, 12490, 11606-1, 10046, 10047 AND 127 T1 RESOLO'LION N0. 85-69 1>6 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEEATION N0. 6 TO STREET LIGHTING MAINTENANCE DISTRICT N0, 2 AND ACCEPTING THE PINAL ENGINEER'S REPORT POR TMCT NOS. 12320, 11606-1, 10046, 10047 ANO 9619 F. CITY OF RANCHO CUCAMONGA HOUSING POLICIES REPORT - 157 Review of a Hou9 ing Policies Report, as required by the Incersal Revenue Code Section 103A, ae said report relacea [o the housing policies which are to be used in conjunction with the City's Mortgage Revenue Bond • Program. RESOLUTION N0, 86-70 167 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROV INC HOUSING POLICY REPORT UNDER INTERNAL REVENUE CODE SECTION 103A AND DIRECTING ITS PUeLICAT ION G. REDEVELOPMENT AGENCY OF THE CITY OP RANCHO CUCAMONGA 174 HOUSING POLICY REPORT - Review of a Housing Policies Report, ae required by Internal flevenue Code Section l03A, as said repot[ relates to the housing policies which ere to be used in cosjuoU ion with the Redevelopment Ageuzy'e Mortgage Bond Yr ogr em. RESOLUTION N0. BS-71 L84 A RESOLUTION OF THE CITY COllNCI1 OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HOUSING POLICY REPORT OF THE REDEVELOPMENT AGENCY OF THE CITY OP RANCHO CIICAMONGA, UNDER INTERNAL REVENUE CODE SECTION l03A ANO DIRECTING ITS PUBLICATION Ci [y Council Agenda -8- March 6, 1985 5. 1011-ADYBl7ISED ~TIIGB A. ORDINANCE IMPOSING MORATORIUM ON THE ESTABLIS@1ENT OF l91 ADULT 80SINESSSS ORDINANCE NO. 253 (first reading) L92 AN ORDINANCE OF THE CITY OF RANCHO CllCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO IHPOSE A MORATORIUM ON THE ESTABLISHMENT OF ADULT BUSINESSES, ANA DECLARING THE URGENCY THEREOF 6. CITT MASAGR'S STAR ReFOQT$ A. ANARD OF CONTRACT TO NATHIS ENVIRONMENTAL, INC.. LOW 194 HIDDER. FOR TEE SOCCER FIELD LICATING PROJECT AT BERYL PARR B. CONSIDERATION OF CAAFPSY-GARCIA HORSE - (No materiels available--will be delivered later.) C. CONSIDERATION OF AUTHORIZING TRH SALE OP 1985 NONE 196 • MORTGAGE REVENUE HONDS AND DIRECTING TAE CITY MANAGER TO ERECUTE A.GRSEMENTS RESOLUTION N0. 85-72 197 A RESOLUTION OF THE CITY COONCIL OF TIIE CITY OF RANCHO CUCAMONCA, CALIFORNIA, AUTHORIZING THE ISSUANCE OF NOT TO ERCEED S5J ,727 ,000 PRINCIPAL AMOUNT OP HONE MORTGAGE REVENUE EONDS 1905 SERIES A, SUCH BONDS TO EE ISSUED PURSUANT TO A TRUST INDHNTURE DATE AS OF MARCH 1, 1985, AUTHORIZING THE SALE OF SUCH 80ND5, SUBJECT TO CERTAIN TERMS AND CONDITIONS, AND AOTHORIZI!VG THE ERECUTION OF AND APPROVING IMYLHMENTING AGREEl~NTS, DOCUMENTS ANO ACTIONS 7. COONCIL BDSII6SS No Items Submitted City Council Agenda ~9- Ffarch 6, 1985 8. ADJOOW~1' Adj ouzo co Nedneaday, March 13, 1985, 6:30 p.m., Nei ghbozhood Center, Yre-Rndget meeting. 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YLIpQ <r4~IJ<«'`<44 YJ.) 1H3L UnH'~ 'JJW CYS G(<Kw IL ~LUUUUU~I VImy •.. .rIW w ~WH Xt Z44 L' ' .~wWw ~~j 4p])-.L T.J H :>i=.n wJ2 ZJ JW IOIYU L~ i U;40 lSY 4~9u ]LZ 2LL-(1-OtL £.u ~¢.Z ti<Y'O WJi-I HI ~ 'U '<.4 ~lZ U: .[Y LLWU: IJ $HI-<<S LLLZiV.~IJI W~/. n n- mo w lL 1 L w w w ul w J< H ~) J JI V S l1 ~ IL V~ w I ./,U .L').-•p lpLL Z.u u+vl 2i L2L)wl .n .j wW WO XS> " I HNwl.l 1.1 <W}£ ',I.-h~F•1-~H,I[2l~~wL Z~J2 Jln.4 H~)..y p t7 L I ~Zr}uLLiyT}JH<.JJ °J!JJ JIK<C.',J6•L.JZ W+`/IX NW ~/ ILW 'U , w I J<HHS S¢IV wHJILOO QI•JU 04N <wll.'wl<O 33f XNLL ' I .Y711L rA inNNVI VI',~n •n IOIJIW YYN'n Vl'iNW HIHH >Ij ~! ~ i W I ' <1 1 H J' N m J w l 1 F m rDI a] 1(\ .0' F 1~ 111 I~ PIN 1~1 ppplll m H fV1~ 1.1 nl ti O' H I.1 •~ O:I ml~.-IVl(\.JJNV rv:v I.. m1A.y •41 •.•.-I H~(Vry~.r V•m~ ap •y O~ 1 UNMm UYm WY.-IY+ 1f9nI 'n l~ IO OI V.1 ~' J`N lPT %I ~. ; 1' . 2 3' 4', 51 6 T 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSEPH E. JOHNSTON Attorney at Law 337 N. Vineyard Suite 201 Ontario, CA 91761 (714) 986-4510 Attorney for Claimant In the Matter of the Cla i.m of KIMBERLY DAWN SCHANK, against CITY OF RANCHO CGCAMONGA ~~r~oYsm CITY OF RANCHO CUCAMONGA /~.DMINISTR~,TN)N FEB 1919A5 ~~~u~ft~l~~4n`~6 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM (Government Code 5911.4) TO CITY OF RANCHO CUCAMONGA: 1. Application is hereby made for leave to present a late claim under 5911.4 of the Government Code. The claim is founded on a cause of action for wrongful death which accrued on July 18, 1984, and for which a claim was not timely presented. For additional circumstances relating to the cause of action, reference is made to the proposed claim attached hereto as Exhibit "A" and made a part hereof. 2. The reason for the delay in presenting this claim is that the claimant was a minor during all of the period when the claim should have been presented as shown by the Declaration of Randal Schank attached hereto as Exhibit "B" and made a part hereof. y 1 3. This application is presented within a reasonable time 2 after the accrual of the cause of action as shown by the Declar~ 3 tion of Randall Schank attached hereto as Exhibit "B". 4 WHEREFORE, it is respectfully requested that this applica- 5 tion be granted and that the attached claim be received and 6 acted upon in accordance with §§912.4-912.8 of the Government 7 Code. 8 9 DATED: February /~, 1985 10 11 ~~ JO H JOH ON 12 orney fo Claimant 13 14 15 • 16 17 18 19 20 21 22 23 24 25 26 27 28 • ~ -2 CLI.V1 FOR DAMIGE OR IlJORT 1. Claims for death, in Jury to person, or to personal property must be fileC no later ® than 100 days after the occurrence (Gov. Code, Sec. 911.27. 2. Claims for damages to real property must be filed no later than 1 year Che occurrence (Gov. Code, Sec. 911.2). TO: CITI OP R~RC60 CDC~MOIICI K IMHERLY CAWN SCHANK 2029 Clear Falls, La Verne 91750 593-5440 15 Name of Claimant Address Zip Phone Age Joseph E. Johnston, Attorney at Law, 337 N. Vineyard, Suite 201, Ontario 91; Address to which Claimant wishes notices sent. Y® did damage or injury occur? 7-1g- Y®16 did damage or injury oc curl Foothill Blvd. (SR 6fi) East of Turnez Ave. Rancho Cucamonga, CA ROY antl under what circumstances did da~pmage~morateinjur~y~~~occurb?aClaimant's rtother, Dorthy Farraz. was a pedestrian killed as a'irtiucK by a veFticYe whi~g she was crossing the street at Foothill and Turner Avenue, City of Rancho Cucartonga. Claimant claims that the City of Rancho Cucartnnga failed to erect traffic control signals when a dangerous condition existed at this intersection. YR~T particular action by Che City, or its employees, caused the alleged damage or in,Ju ry? (Include names of employees, Sf known). • The City of Pancho C~ucaronaa failed to erect traffic co: •rol signals at this intersection. Crty mew or shou ve own t s serous ,•-~~ ion axis a is con ~ VR1T ~'s um 3o you bTaim?--Include-the-e5t imated amouht of-any prospective loss, insofar as it may be known at the time of the Dresentation of this claim, together with the basis of computation of the amount claimed. (Atta eh estimates or bills, if possible). Claimant has been wrongfully deprived of the lwe, S canfort, ,.udance and con¢~any of her mother, Dorthy f Farrar and has beer. wronmfully deprived of the financial S support o` her irnther. Total Amount C1almed: E 10,000,000.00 gU~.S and addresses oC witnesses, doctors, and hospitals: Roberta Marie Stokes, 1322-1/2 N. Sultana Ave., Ontario (driver of vehicle) Dr. Bishai. San Antonio Commmity Hospital Date Signa of Claimant RAPIINL SS7IAPIIC for RTnnarpr.Y DAWN SC'HAN[C (Parent and guardian) S03(47g)-RC Form D EXHIBIT "A.. 47 1 2 3 4 5 6 7 8 9 10 11 12i 13' 14'. 15' 16 17 18 19 20 21 22 23 24 25i 26 27 2B JOSEPH E. JONNSTON Attorney at Law 337 N. Vineyard suite 201 Ontario, CA 91761 (714) 986-4510 Attorney for Claimant In the Matter of the Claim of KIMBERLY DAWN SCHANK, against CITY OF RANCHO CUCADtONGA • DECLARATION OF RANDAL SCHANK IN SUPPORT OF APPLICATION FOR LEAVE TO PRESENT LATE CLAIM (Government Code §911.4] • I, RANDALL SCHANK, declare as fc.lows: 1. I am the natural parent an:i guardian of KIMBERLY DAWN SCHANK, a minor, born April 14, 1969. 2. Investigation of this wrongful death action has just recently been completed. Claimant herein being a minor, a claim was not brought before this time due to the continuing investiga- tion. I declare under penalty of perjury that the foregoing is true and correct. Executed this .~ day of January, 1985, at La Verne, California. DAL SG ANI EXHIBIT "B" .y 1 .., LL ~~C'ttl~r..u:. CLAM PON DAMAGE ON INJONT ~t~ l ~1417t t ~nry . 1. Chime for death, injury to person, or to personal property moat De filed n later • than 100 days after the occurrence (Cov. Code, Sec. 911.2). 2. Claims for damages to real property must be filed n0 later than 1 year the occurrence (COV. Code, Sec. 911.2 ). 10: CITT 0! NANCBO COCAl10111'a i , i ---. Name of Claimant Address Zip Phone Age %~~ >i~~~ YBA did damage or indury occur? _ /~~Z -~S 1~~ YB6116 did damage or SnJury occur?`i~Z4~;'~ r ~%~~Ur~CSt% ~:>'fia° ~~ f,-/_'.~%'~/'i(/~C/~FG~ i ,/ BOY and under what circumstances did damage or indury occur? ri <.~,~ f1~i,~ "'` ~Li/G~ Xis, r/D,-.? /~/i 'w%^.C..'- ,i,.~ L Gi'r~ nisi--! ~i"~Y i ,__ _ YBAT particular action by the CSty, or Sta employees, caused the alleged damage or injury? (Include names of employees, if known). YYAT sum do you claim? Include the eatimsted amount of any prospective loss, insofar as it may be known at the time of the presentation of thin claim, together with the Daaia of computation of the amount claimed. (Attach estimates or Dills, if posalDle). a' ~ - ; . y1`,- _" %'.%'- '<-'!~ Vii.' E :U117' F % u /sEL. -i% f / -'c r. Total Amount Claimed: f ~S. Ng1~.S and addreaaaa of witnesses, doctors, and hospitals: • 303(478 )-BC(H) ADMIN!STRnTION wn -~%' 95 Gate FEB 19 ~ w ~~~18)~1~ i-,, S c ~. as -07 ~~ Ga~3 n~.M ' RECI~BYEO~~ CI.ADI rDg Duua og ISIJDHT ChY ~ ~~~ CUCAMOIIGI~~~--% ADMINISTRATION Gyd • t. Chime for daatb, injury to person, or to personal property mu>~~fltAa4ao later than too dqa after the occurrence (Gov. Code, Sec. 911.2).w 2. Chime for dYages to real property must De filed no 7~~1-qwN the occurronce (Cov. Code, Sec. 917.2). 10: CITT a RPPCHO CDCIlpI1Dg CABRIEL IDPE2 dba G. R. 8309 Hillside Road i.opez Equipment Rental _Alta Lrnia, CA 91701 (714) 987-6585 41 Name of Claimant Address Zip Phone Age IIOHAiD PERRY RHGADS, A Professional Corporation. Post Office Box 8094, San Bdro., G4 92412-8094 Address to which Claimant wishes notices sent. 1~ did damge or injury occur? January 3, 1985 almant was serve cn p u s t or ezson fdt did damage or in3ury occur4 In' for which claimant seeks itdetmification from Cit• 0 ~ry ~~d r wh cl a s d u cu p Refer to t<;,.tiffs' Complaint for ummges~~e to ~roce~, ~se °~45~ a~r_n4reeo-~p~ refiresr.._ whirh was served upon claimant on Jan. 3. 19 S. C t t e se cs m ica- Y9A7 part lcular action by the City, or its employees, caused the alleged damage or • inJury? (Include names of employees, if known). Please refer to the attached Complaint and Traffic Collision Report cited above. Discwerv is continuing. YH-T sum do you claim? Include the estimated amount of any prospective loss, Snsofar as it may De known at the time of the presentation of this claim, together with the Desis oC computation of the amount claimed. (Attach estimates or hills, if possible). F4i11 indemifiration for airy datreges awarded in fawr of laintiffs reason of their Taint attached hereto an zncprppXata re erenc ease r@ to s' fiver tot iud®at aeainst defer is wi sa~ Corplaint. Total Amount Claimed: NAlR9 and addresses of witnesses, doctors, and hospitals: 0 0 Please refer to the Traffic Collision Repott and plaintiffs Complaint cited above as well as the Autopsy Protocol Report which is attached hereto and incorporated by reference. February 21, 1985 Date 903(478)-RC(H) 1 2 3 4 5 6 7 B 9 10 11 12 13 14 . 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF PATTERSON & LUCAS 100 So. Vincent Avenue, Suite 606 West Covina, California 91790 (818) 919-1851 Attorneys for Claimant, CONNIE LITTELL In the Matter of the ) Claim o£ ) CONNIE LITTELL, ) ) Claimant ) ) vs. ) CITY OF RANCHO CUCAMONGA ) VLLV.V- c,c 8-08 CtiY OF RANCHO CUCAMDNGA ADMINIS?R~~TION JAN 7 ~t9~8~ 1~ 7 _~aan~a~ll~~f' >! CLAIM AGAINST PUBLIC ENTITY PURSUANT TO GOVERNMENT CODE SECTIONS 900 et seq. CONNIE LITTELL hereby presents this claim to the City of Rancho Cucamonga, pursuant to Section 9.0 of the California Government Code. 1. The name and address of the claimant is Connie Littell, 1280 W. 25th Street, Apt. C, Upland, California 91786. 2. The poet office address to which Connie Littall desires notice of this claim to be sent is LAW OFFICES OE PATTERSON & LUCAS, 100 South Vincent Avenue, Suite 606, Weat Covina, CA 91790. 3. On October 14, 1984, at the Rancho Cucamonga Wine Festival, Haven and Arrow, Rancho Cucamonga, claimant received personal injuries when, dhile walking about the grounds of the -1- /O . ,i 1 wine Festival, she stepped through a pallet covering a hole in 2 an unlighted azea. Said Wine Festival grounds were under the ' 3 control of the City of Rancho Cucamonga; said Wine Festival was 4 conducted under the sponsorship of the City of Rancho Cucamonga 5 and was otherwise operated by the City of Rancho Cucamonga. 6 7 The City of Rancho Cucamonga had a duty to inspect, maintain 8 and light the premises of the Wine Festival, to control those 9 persons and svperv ise the activities of those persons who con- 10 structed public facilities at the Wine Festival and to assure 11 safe conditions existed on the premises so as to avoid injuries 12 such as those suffered by Claimant, and the negligence of the 13 City of Rancho Cucamonga in failing to do so proximately caused 14 or contributed to claimants injuries and damages. ' 15 16 4. So far ae is known to the Law C'fices of Patterson & 17 Lucas, at the time of filing this claim, Connie Littell has in- 18 curred damages in an amount exceeding Ten Thousand Dollars lg ($10,000.00) due to injuries including, but not limited to a dis- 20 placed patella, strains and sprains of leg, knee and back muscles 21 and abrasions. 22 5. At this time, claimant La unaware of the names of spec if i~ 23 24 employees or elected officials of the City of Rancho Cucamonga 25 cave ing said injury and damage. 26 6. At the time of the presentation of this claim, Connie 27 Littell, cla ima damages in the sum of Fifty Thousand Dollars, 2B including an unknown sum due to prospective injuries and damegea,, -2 - // "t ,~ 1 compiled on the basis o£ medical billing to date of in excess of • 2 $2,000.00, future medical billing in an unknown sum, Loss of 3 earnings and earning capacity and general damages. 4 5 HATED: January 3, 1985 6 PATTER90N & LUCAS 7 -\ BY• g WILLIAM M. rREEMAN Attorneys for Claimant, 10 CONNIE LITTELL 11 12 13 14 • 15 16 17 1B 19 20 21 22 23 24 25 26 27 • 28 _3- ' /L CITY OF RANCHO CUCAMONGA STAFF ftEPOftT GATE: March 6, 1985 ~ucoaro ~'~ ~~ z; ~ T r ~ ~z 1977 T0: City Council & City Manager FROM: Lloyd 8. Hubbs, City Engineer BY: Barbara Krall, Engineer Technician SUBJECT: Approval of Parcel Map 8303 located at the northwest corner of Foothill Blvd. and Haven Avenue submitted by C/A Limited Parcel Map 8303 was approved by Planning Commission on February 22, 1984 for the division of 13.1 acres into 15 parcels for the development of the Virgania Dare Winery Center. A revised Parcel Map, ch anq inq the number of tots to 11, was approved on January 9, 1985. Donds and an Agreement for the improvement of Haven Avenue and foothill Bivd. have previously been approved. It is recommended that City Council adopt the attached resolution aoprovinq Parcel Map 8303 and authorizing the Mdypr and City Clerk to sign same and cause said map to record. RECOMMENDATION ly submitted, /3 a' ~"~.i liii(s::: ~ ti;; : iri'i <d,~ 'i a4 r.: 1 ~;ti ;; .>:a + , 5.,., '~t raj,; t . ? l~ ', , ~ ,'f 't f' i:t ~~ ~ ' i-4, ~~ it ~i7 P ii, a., r. ~... " . ~ t ~ ~'. ~ c .~~ e Ot ~~ .~\ !'h. _ i~ ~_.- ,, \\~ ~ p ! !r--~ ~~- 'en .e VY/ w ~~ S ~ ~ ~ _ ...'~ _lY~, (~~lU[~~ • - , ~,~~ ~ a I ~ "'f ' ~ V V . ~ i" ` ..` i - > ~ _ = 3 ' - ' ~ t D ~ ~~ T ~ ~~ }~t y ,4" ` ' ,t w ~ '~' C_" J . rfc ~ . i rJ ® t t ~ ~ tt, :r"fi i r. h It d: ' _..,.. U~ ~~ _.r:.to iy • RESOLUTION N0.-EB3-06~83R P~ - ~ ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL h1AP N0. 8303, (TENTATIVE PARCEL MAP N0. 8303) WHEREAS, Tentative Parcel Map No. 8303, submitted by C/A Limited, Subdivider, and consisting of 11 parcels, located on the northwest corner of Haven and Foothill, being a division of a portion of Lot 20, Section 2, Township 1 South, Range 7 West, San Bernardino Meridian, Cucamonga Fruit Lands, recorded in Book 4, Page 9 of Maps was approved 6y the Planning Commission as provided in the State Subdivision Map Act and is in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, Parcel Map No. 8303 is the Final Map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, to meet the requirements established as prerequisite *o approval of the F;n=' Map, said subdivider submits for approval said Final Map offering for dedication for pu6l is use the streets delineated thereon. NOW, THEREFORE, BE [T RESOLVED 6y the City Council of the City of Rancho Cucamonga, California, as follows: • 1. That the offers for dedication and the final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon behalf of said City; and 2. That said Parcel Map No. 8303 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this 6th day of March, 1985. AYES: NOES: ABSENT: Jon 0. Mikels, Mayor RTTEST: ever y A. Authe et, ty Clerk Jaa /S n,mv no n ~ wrn vn nrrn ~ eRnwrn , r 1 `J STAFF REPORT DATE: March fi, 1985 T0: City Council and City Manager FROM: Lloyd B. Huhhs, City Engineer BY: Barbara Krall, Engineer Technician ~q Gov.. U ~i` ~9 ~~'% s, -~. !I_ '}_- ~ ~IZ .. L) 19.5 SUBJECT: Approval of Parcel Map 9025 located on the west side, of Etiwanda Avenue north of Base Line Road submitted by R. C. Land Co. Parcel Map 9025 was approved 6y the Planning Commission on February 27, 1985 for the division of one (1) acre of land into one (1) parcel to he used for the relocation of the Ch affey-Garcia House. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving Parcel MaD 9025 and authorizing the Mayor and C.i ty Clerk to sign same and cause said Parcel Map to record. Res ectfully s mitted, L H: Attachments ~(o TENTATIVE • PARCEL MAP N0.9025 IN THE CITY OF RANCHO NCAMONGA BEING P 01 VIgIDN OF A PORTION OF LOT 9, BLCCK "J", ETIWAND4 COLONY LAN05, AS PER RLLT RECORpED IN BOON 2 Of MAPS, PADf 26, RE CCRDS OF SAN BERNARDIND DpUNTV, CALIfORN IA ire;~r/~ • it s ~y P~ ~~ p ~QE rw,na~ ~~ "nIW J it W t' ~ F :I. I I..--~. 7C1' 6 i a ~i a ~~ F occc«ecn. nee ,,...: R, : uun lr ~ n:.`. voi: ~~.rtkcnnv ,r art • niry~ o ~ «°y. i i rvr~.~~Tl~ ~ n '0 ' nFxr ruwn 'T'~•+rve q~ i ~(io one y `~ ~~~~ ~iW uc em. w~nrc+• ft I I t~ W } u n,«.m ~e.- ?~ .. f } b _ ~ ICI ~/ RESOLUTION N0. E93-BG=99R 2S ~- ' ~~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 9025 (TENTATIVE PARCEL MAP N0. 9025) WHEREAS, Tentative Parcel Map Number 9025, submitted by R. C. Land Co. and consisting of 1 parcels, located on the west side of Etiwanda Avenue, north of Base line Road, being a division of a portion of Lot 9, Block "j" Etiwanda Colony lands, recorded in Book 2, Page 24, San Bernardino County, State of California was approved by the Planning Commission of the City of Rancho Cucamonga; and NHEREAS, Parcel Map Number 9025 is the final map of the division of land approved as shown on said Tentative Parcel Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, Califernia, that said Parcel Map Number 9025 6e and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. • PRSSED, APPROVED, and ADOPTED this 6th day of March, 1985. AYES: NOES: ABSENT: Jon D. Mike 5, Mayor ATTEST: Bever y A. Authe et, ity Clerk jaa /8 STAFF REPORT DATE: March 6, 1985 T0: City Council and City Manager FROM: Lloyd B. Huhhs, City Engineer BY: Barbara Kroll, Engineer Technician .~~, e` ~,,. ~L~ IU SUBJECT: Acceptance of Tract No. 12525, Bonds, Agreements and Summary Vacation of a portion of Center Avenue located on the west side of Center Avenue between Arrow Highway and 26th Street submitted by Deer Creek Partners • Tract No. 12525 was tentatively approved by Planning Commission on December 14, 1983, for the development of 122 lots to be constructed in four phases. These phases consists of Tract Nos. 12525, 12739, 12740 and 12741. Agreements and bonds have been submitted to guarantee the construction of off- site improvements in the following amounts: Faithful Performance Lahor & Material Tract 12525 $ 90,500.00 $ 45,250.00 Tract 12139 $209,000.00 $104,500.00 Tract 12740 $205,000.00 8102,500.00 Tract 12741 $107,000.00 $ 53,000.00 Letters of approval have been received from the school districts and Cucamonga County Water District. C. C. & R.'s have been approved by the City Attorney. In addi tf on, the developer is requesting a 7 foot vacation of a portion of Center Avenue resulting in an ultimate width of 66 feet in conformance with the General Plan. RECONlENDATION It is recommended that City Council adopt the attached resolution approving Tract No. 12525 and authorizing the City Clerk and City Engineer to sign same. Also, it is recommended that the City Clerk adopt the attached resolution summarily vacating a portion of Center Avenue and authorizing the Mayor and City Clerk to sign same and cause same to be recorded. ~tfully subm tted. Atta ments ~9 • .: .,,~. .,W. ~' ~- i ~t ~ ' ~. In ;' N ~ i' ~~. t~ t a ~ ,: O ; r .. Z ° i~_ r U ~~ ~~ ~ti ~ i ~ ~ e ~ ~ ~ = 0(I Q ~ r 2t ~ ~ ` ~ ~ ; W i > e f{ _: ; ;:' 5 t Q ? ! :: s _.; Z t? w ~ _. .. ~ae ~_ _ ;1 ~ :i rte- is ~ ~~I ~ - 1'';~'~ ,, ;, .m ~ ~• :i-~`' ~: `•; ~.~ Y Co- ~d~~' Iii '1~ 1~: _ { i t i ~e "aY ~~ ~ y . _ ~~-'~t_ ~ h i~ 3 :fill li{I i ~, is o: ~ ~ i o ~ " :~ ',,{ ~ 9 { ~ ~'~ ' ? i 6 ~ ii;~ d iilE ~ ~..- ,. IaF ~a; , ;i to {~ti `i V rF--Tl • i r •~~TI~' li~ I li • 1~~ ~ ~n _ ~~ , I ~i ! , - r. r - _ r-~-"- ~':' `o; .: ~ ~ '' "- .a, f,~' iI .,.TIC ' ~: ._, ~ ~ !` It I I ~o ~: .~,. ,, . Y•. •li e: _xo~ ii ~~ ~ ~. N - ~: N ~. x. j, ~ i'• I In =~-a ~xi y.- ~ ~`,!~. ~-=~. i/ Imo. ~ ~ 'Ij' !i l H~ i° _1,= _~. -I. t ^ ~2 7. I._ iil ~i;ji(~~Ife d ~ ,Icy a . ~ ~= l0 i ii ~~'{ a ~ t - ~! ' n ~ ~a Iii: - p ;; - ~ . ~ _ ~ .i ~'~, I; F" - - 1~. J~ ~ I - ' - ti .j. i I ~: i t~ ..~...~ ~ b~ I r navsna..:.::. rmv: .YL ~_~23 `- fiy G a • l/ C~~A~ ~ '! ~+/O;yT 1~~~la~;~ ~-111ii ~C~~~~ ~)1~3i~ ..4a,~. \O~ :il '::c5i FIFTN $LPEEI V. ]'n iF V... V `.~A 91'i; ~ ~1 ~~_OG_ February 13, 1985 Letter of Certification of School District Capacity Within the Chaffey Joint Union High School District attendance boundaries for the following desc^ibed oroject: Location/Description: Tract Nos. 12525, 12739, 12740 & 12741 Center & 26th Streets Number of Dwellings: _ Anticipated Completion Date: above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy G. Greene Lease/Purchase Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school huilding projects under Sts current rules and regulations without priority points. The commitment of this capacity shalt expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by ttie City of Rancho Cucamonga within that 90-day period shall validate such commitment. February 1986 The school district hereby certifies that the capacity for 19 students will be provided within 24 months of the completion~he ~~lb..u.~.~L \ll_)L1L~ SvFerTTrL=+rtE'r'itiFsst--leper mtenaent- Administrative Assistant cc: Planning Division FIJLS City of Rancho DnC3mAngfl Attn: Ditas 601 N. Park Center Dr., St. 104 Santa Ana, CA 92705 Rancho Cucamonga, CA 122 single family dwellings 1 ~- Cucamonga School District 977fi Arc hiDald Avenue Rancho Cucaman9a. Calilarnia 91730 Telephone 17141997-9941 noeEgzo vaASOU[z Februd ry 13, 1986 s.o. ~.,,.,~ Date LETTER OF CERTIFICATION FOR SCHDDL DISTRICT CAPACITY BOAaD Oi TaufT[[f CAgpL CONFEq w nuAN caew.ogo GCORGII GPIFIIN oA no HALL Jl1 LIAN gINCOV 'Aithin Cucamonga School District and Cucamonga School District attendance boundaries for the following described project: Location/Oescriotion Northwest Conner Center and 26th Tract ' 12739, 12740, 12741, 12525 Number of Dwelling Units 122 single family dwellings Anticipated Completion Date February 1986 Gentlemen: • The Cucamonga School District hereby certifies that the capacity far 73 students will be provided within 24 months of the completion of the above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy F. Greene Lease/Purchase Act of 1976, or any successor Act, in such manner that the State Allocations Board may fund all school building projec is under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 day period shall validate sucfl,commi tment. S ncerel,y~~ (Ill 1/ oberto Velasgdez t Superintendent v cc: Planning Division, City of Rancho Cucamonga RV:vc r~ L 1 CITY OF qA NC NO CUCA MONGA IMPq pVEMENT AGREEMEXi FpR TRACT N0. 12525 K NON ALL MEN BY iNE SE PRESENTS: 7ha[ this agreement is made ar.d entered into, in conformance with roe provisions of the Subdivision Map Act of the S[a[e pf California, and of the appifcable Ore finances of the Li [y pf Rancho Cucamonga, California, a municipal corporation, by and between taid City, here tna/t er referred tp as the City, and DEER [REEK PRRTNERE a -calitnr... r..r.rat Parc. .h' nereina ter ref~e rre to aye ~ Oeve loper NITNESSETX: THAT, NNERE AS, said Developer desires to develop certain real property in safd C{ty as shown on the conditfpn al ly approved subetvitian known as - ire ct No 12525 and NHER EA$, said City has eit abiish¢0 certain requirements to De met by said Oevel Oper as prey epuf site to approval 01 Taid iubd ivition generally located at ELO Center N/D Arrow Highway NON, THEREFORE, it is hereby agreed by saie City and by sate Oeve loo er as follows: 1. The Developer hereby agrees to construct at Developer's expense ell improvements described on Page 6 here- . pf withfn twelve months from the eff active date hereof, 2, This agreement shall be effectfve on the date of the resolution of the Council of saitl City approving this agreement. Thfs agreement snap be in default on the day fallow- ing the first anniversary date of safd approval unless an eaten- ifan of time has Deen granted by safd City a. hereinafter provid- es. 3, The Developer may request an extension of time to complete the terms hereof. Sucn request shalt be submitted to the City In writing net less than 3D days before the expiration Date hereof, and shall coot aln a statement a/ circumstances necessitating the art ension of time. The City shall have the right to rev see the Dravislons of this agreement, includfng the cans tructlpn standards, cost estimate, and improvement security, and [o require adJustmen is therein 1f any suDStantlal change has gccurr<d during the term hereof. 4, If Lhe Dev eloper falls or neglects to CamD1Y with Lhe Drpvisip ns of this agreement, the [tty shall have the right at any time to cause said Dr av isl ens to De met by any lawful me ins, antl thereupon recover /rpm the Developer and/or his surety the lull cost and expense loco rred, 5, The Developer shall provide metered water ser vice to each let a7 sold development In accordance with the raga la [tons, sane dotes, and fees of the Cvc ampnga County Hater District. 6. The Developer shall 6e respansib le for replacement, reloca[fon, or removal o/ any component of any Irrigation water system 1n conflict with cans trot tfon of regal red improvements to the satlsiact ton o/ the Lity Engineer and the owner of such Mater system. -1- Tracts and Comm/Ind. P.M. 1 sf 7. Improvements required to be constructed shall coM Orm to the Standard Drawings and Stand ere Specifications of the City, and tp the Imp rovem one Plan appr pved by and on file ~in the office o1 the City Engineer. $aid improvements are tabulated on [he Conitr action and Band Estimate, hereby incorp prated on page 6 hereof, as taken from CDe improvement plans list ed thereon by number. The Developer shall also be responsible for cgnstruc- tion of any transitions pr other incitle nta' work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or ommfxs ions Discovered during con sir actin shall be <orr etLed upon the direction of the City Engineer. Rev iseD work due Ip said plan matli/teat ions shall be covered by the provisfpns of this agreement and secureD by the surety cpvering the original p tan netl works. 8. Lonstruc[ipn permits shell be obtained by the Developer from the o/lice of the City Engineer prior to start pf work; alt regulations listed therepn shall be observeO, with af[ention given to safely procedures, cpn[r pl of tlus t, noise, or other nuisance to the area, and to proper notification of Dublic u[115 ties and City Departments. Failure to cpmplY with this sects on shall be subject ro the penalties provided there Por. 9. The Deve toper shalt De responsible for removal p/ all loose rocks and other debris from putiic rights-of-way ritD to ar adj pi ning said development resulting from work relative to said development. 10. York done within exists ng streets shall be d111gently pursued to completion- the City shalt have [he right to complete any and all work in the event of unjustified delay in cpmpietio n, and to rlCOV er all cost and expense incurred /rom the • Developer and/or his cantractgr by any lawful means. 11. $aid Developer shall et all times followtng dedfca- tion of the streets and easements in said subidivision, uD to the c pmpletlan and acceptance of said work or improvement by said Lily Lou netl, give good and adequate warning fo the traveling publ tc of each and every dangerous condtf ion eaistent in said street or easement, and Witt protect the travel log pubt is from such defective or dangerous conditions. Unfit the completion of alt improvements, herein incorporated pn page 6 to be performed, each of said streets not accepted as improvements shall De under the charge of said Developer. $aid Developer may close all or a po rtlon a/ any street Subject to the canDttions tontatned in a temporary street closure permit, is3ued by the City Engineer, whenever it 'i necessary to protect the public during the cgnstruc lion of the improvements herein agreed to De made. 12, parkway trees re gvired to be planted shall be planted by the Developer after other improvement work, grading and <leanuD has been completed, Plantt ng shalt De done as provides by Ordinance 1n accordance with the planting diagram apDrav ed by the Ctty Community Oeve lopmant Director, Tha Developer shall be rbpon si ble for maintaining all trees planted in good he alto until the end pf the guaranteed maintenance period, or for one year after Dlanting, whichever is cater. 13. The Developer is responsible for meetl ng alt condi- tions establ lshed by the City pursuant to the Su Ddly ision -2- • 2] Map Pct, City Dr dunces, and this dgreem ent for the development, and far the maintenance o/ all improvements cons[ructCd thereunder until the imDravement is accepted for main[en once by the City, antl no improvement security provided nereinwith shall be rellas00 before such acceDtan ce unless otherwise provided and autharsxetl by the City Council of the City. la. This agreement shalt nOt terminate unt11 the maintenance guarantee security nere~naf ter tlescribed has been released by the City, or until a n¢w agreement together vita the repaired improvement security has been su Dmi tied [o [he City Dy a success or to the herein named, and by resolution of the City Council sam¢ has been accepted, and this agreement antl the improvement security therefor nos been released. 15. The improvement security [D be fu rn ishetl 6y Lhe Develo Der with this agreement s'n all consist of the following and shall De Sn a form acceptable by [he Lity Attorney: 4. io secure iaithfui performance of this agreement. 1. A bond or Donds by one or more duly authpr fixed corporate sureties in the farm antl content specified Dy Government [ode Section 6fi499.1. 2. An Improvement Security instrument in the farm and consent specified by the City Attornl y. 3. A deposit with the Lity of money ar ne9otfa6le Donds of the kind aDDrov ed for securln9 deposits of Dublic monies. B. To secure laborers and mat ertalmen: 1. A bond or bonds by one or more duly authorized corporate sureties in the farm and content specif ieo by GDVernm en[ Code Sec Cron 6fi 499.1. 2. An Improvem@nt Security Instrument fn the form and content SPecifled by the Lity Attorney. J. P deposit with Ci [Y of money or negottabie Donds of Me kind apP raved far securing C, A cash deDOSit with the City to 9u ar antee payment by the Developer to the engineer or su rve ypr whose cent/state appears upon the Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to [he Lity, The amount of the deposit may be any amount ceristied by the engineer 6r surveyor as acceptable payment in full; or, i( no value is submitted, the cash bona shall be as shown an the Construction and Dand Estimate contained herein, Said cash deposit may be refunded as soon ai Droce- Oure Dermits after receipt by the Cfty of the Clntlrllne tie notes and eri t[en assurance of payment In full from the engln eer or surveyor. D. The repaired bonds and the principal amounts thereof are se[ forth on page 6 of tots agreement. lfi, The OeveloDer warrants that the improvements descrlDed in this agreement snail he free from defects in material: and wprkmanshlp. Any and ail portions of the Improve- ments found to ee delectlve within one (1) year foliawing the data on which the Improvements are accepted 6y the City shall be re patted or replaced by Developer free of all charges to the City. The Develo Der shall /urn fish a maintenance guarantee security In a Sum edu al to ten percent (10%) o/ the conitr uctl an _3. ~~ estimate or f200. 00, whichever is greater, to secure the /aithfut per/prman<e o/ pevelope r'i obligations as described fn this para- graph, the maintenance guarantee security shall also secure [he faithful performance by the Beve lop er pf any obi igati0n of the 0<veloper [o do specified work with respect to any parkway mal0tendnc2 d55e S5menL disLr is t. Bn CC the imprOVem enLT hdv< been accepted and a maintenance guarantee security has been accepted Oy the City, the other improvement security Eescrfbed in this agreement may be released orpvided that such release is Otherwise authorized by the $ubdi vi lion Yap Act antl any applicable Clty Ordinance. l7. Th a[ Che Developer shalt take ouS and maintain such Dubuc liabili [y and property damage insur ante as she 11 protect him and any contractor or svbw ntractor performing work covered by this agreement from claims far property damages wM Ch may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor pr suet onira<tor, or anyone directly or indirectly employed by said persons, even to ougn such damages be not caused by the negligence of the Developer or any contr a<ior or subcontractor pr an ypne employed Ey said persons. The public liability and Droperty damage insurance shall list the Lity as additonal fnsuretl and directly protect the City, its officers, agents and employe<s, as well as the Develooer, his contractors and his subcontractors, and all Insurance pplict es ITS Ued hereunder shall so state. The minimum amounts of such insurance shall be as follows: A. Cantra<tor'T liability insurance providing bodily injury or death liability limits pf not 1<is tha 5300,000 for each person and 51,000,000 /or each ac ci den[ or occurrence, and property damage liabil- ity limits of not less than 1100,000 for each ac<I- dent or occurrence with an aggregate limit ai f2f 0, 000 for claims which may arise from the opera- tions pt the Oevelo0er in the performance of the work herein provided. B. Au [omobile liability insurance covering all vehicles used in the perf orman<e of this agreement providing bodily injury llab111Iy limits of not less than f200,000 for each person and i700, 000 far each accident or occurrence, and property damage liability liml is of not less than 550,000 for each acct dent ar o<curr ante, with an aggregate of not less than 1100,000 which may arise from the opera- tions pf Lhe Developer or his Contractor in performing the work provitled for, herein, 1B, That before the ex ecutt on of this agreement, the Developer shall I11e with the City a cer[111c ate or certificates of Insurance covering the spec ifled insurance. Each Such cart Vl<ate shall bear an endo rsemen! precluding the cancellations, or reduction In cpverage of any policy evl dances by Such cart i/icat e, before the expiration of thirty )50) days after the City shall have received nOtlf icatlon by registered mail from the Insurance carrier, As evidence of understantling the provisions contal netl herein, and Of intent to cpmpty with same, the Subdivider has submitted the /allowing described improvement security, and has affixed his signal ure hereto: -A- • Z 7 n LJ FAITNF UL PEAF ORMA NLE Type: Bond Principal Amou n[: 590,500.00 Name and address Di surety: MATERIAL AXO LABO0. PATMENT Type: pond Principal Amount: 545,250.00 Name and address o/ surety: CA SN DEPOSIT NOXUMENTATION Type: Principal Amount: 5 2,850.00 X ame and address of surety: MAI XTENANCE GU ARAXTEE Type: Principal Amount: 5 9,050.00 Name and cadre is of surety: TO BE POSTED PgI00 TO ALLEPTAXCE BT THE CITT IX NITNESS NEAE OF, [he parties hereto have caused these presen is to De duly executed and acknowledged with all formalities required by law on the dates set fortM1 opposite their signatures. DEER CREEK pAPTNEA$ • Oate Jan. 21. 1985 By ~. ~ ~;~/~ ,Developer ~rgnat ure Kirk G. Nord, President, NOL [Dr0• n nted r Date Jan. 21, 19X5 hY iI ,Dare leper lg a[u e Nynne 5. Going, Jr., Pre5l dent, N. 5. Going, Inc. rinsed Accepted: ~~ Ciey a1 gaucho Cucamonga, Signa ure LalSPornta N Municipal Corpprat tan Darrel D Anderson. President. Darrel I Printed Mde rson 6 socl at Ir Oy; MaYDr Attest: er Y Approved: ~~ DEVELOPER'S SIGNATU0.E MUST BE NOTARIZED -5- ~~ ci~Y. DITY Oi RANClq CllCANDNGA ENGINEERIM6 OIYI SIGN • ENCROACIMENt PERMIT iEE SCNEOU,E for Imprpvement: Trace 12525 Date: !z res_ Dmpu a y; file ReTer once: Clty Drarfny o. aea JJ dni[s NOfE: Ooet hat tACl~de current iK /or AR it in9 ptrwlt a Darsemt deposits gUANTITY uxtT ITEM Pq ICE PMWNT -,1.1 ~5 L.F, P.O.A curb - 6' (,F, 18" yytter 5.00 5,63J.00 L.F, P.[.C. curb - A^ C,F. 21^ gutter 6.00 t26 L,F. D.C.C. curC only 5.50 693.00 L.F, q.C. berm 1,50 _g.+a S.F. a• v,C.C. stderalk 1.75 ] ]5 5.;]3 S.F. Drive aDDraacN 2,50 'w. 1 00 x5. S.f. B- P,C. C. crass gutter (inc. curb) 3.d0 J ~ ~ 9bi.90 -~ C,Y. Street excavation L SO C.Y, Impart ea embankment 1.50 ]y? S.f. Preparation a/ suograde O.IS a. 2pR.e0 EB.J]J S. F. Croihed agg, base (per Inch [M Ck) 0.03 x4 ;i6T-S'tt ~_ TON q.[. Lover 1]00 tons) 27.00 TON A.[. (900 [0 1300 tans) 75.00 ~_ TOn p.C. (500 [0 900 tons) 15.00 TOn A.C. (under 500 tons) aO,Op 2e,030 S,F. A.C. (3' thick) 0.55 Tr12S'A ~_ $.F, Patch A,C. ([rencN) L7S S.i. I^ [Nick P,C. overlay 0.30 _~ ~ EA. adjust sever manhole to grade 250.00 EA. Adjust sewer dean out to grade 150.00 ^S EA. Adjust water valves to grade 75,00 2 9 EA. Street lights 1000.00 8 00 _61 L.F. Berri udef (interfec, 5500 min) 1,00 L.F, 2 A 1' rec .~DOd header i, 75 $.F. Removal o/ A.C. Davement 0.75 ~_ L,F. Aemcvat o/ P.C.C. curo 7,30 L.F. gemovat o1 A.C. berm L00 a EA. Street signs 200.00 -'B3'0:3a ~_ EA. Ref lee cars and Doses 35,00 ? OO LF, $ F Concrete block wa71 R f f r lt 25,00 B __ , , TON e a n ng we aggregate ease 20.00 7,W ZTf; 400Td11 C.Y. Concrete structures d2S.00 __ L.f, l8" RCP (2000 OI 29.00 `_ L.f, 24^ qCD (1500 0) 75.Op _~- L,F. 36" RCP (2000 01 19,00 ~_ LF, IB" q[P (1200 D) 76.00 _ EA. Catch Das in N 1' 2ppp,pp __ FA. (etch basin N 8' 2900.00 ~_ EA, Catch basin N • 22' 1500.00 EA. Local depresTtan A' Spp,pp -~pp-pD _` EA. local depression 12' 1000.00 __ EA. dun<tlpn structure SOOO,Op _ EA. Wtlet structure, Std 1506 15pp,pp FA. pullet structure, Std rS07 50p,00 FA, GuarO Doses gp,pp L.F. Guard panel (rood) 25.00 ~~ U Ne dwell (IB• wl ng) Ippp,pp ~~,- LF, pedwaod header 5.75 $.F. LenduaD in9 G Irv l9atlon 2.75 L.F. Aoll carp (P.C.C.I 7.50 ENGINEERING INSPECT (ON FFf ~~6__1__97~~.~~5~0~ SUB t07AL 6 6 •ROEPOTITI (REFUNOpBIfJ N CASN }}U0~'S- FAITMFULNPFRFORNANCF BONG (laps) 0 5~0._ MONUNEMTAT ION SURETY (CASN) 2850.00 LIBOR ANO 1a1TERiAL EOFO ('JOE) ~y,31~sQ.R elursam to eltr ei MentNa Cntaeoge MuI11cro.I Coe, Tltte E, career t.a, dNNDtFIkE Sw Mnaretno Caner Coe tlt let, UaPterf I-G, a elsh rettorttlenia/11neN5a11 depth tTtll 41lede Briar to lttwnae ai N En9laMlnE [attYNCtlon rer>,tt, Rer1tN D/81 'Z9 STATE OF CALIF00.NIA) ss. COUNTY OF ORAYGE ) before re, the undersigned, , 79 '~~ ared On this .+7/~ day of ~an9e. personally aDpe --~~ r the CWN[Y ~ personally known to me or`9"o'"e~ Notary Public in ana-fo Cench to be the PreS+Eent of MOC Corpora- Kirk G. Ward oration, and acknowledged to ~ that the corDOratlan acre-ee_ahe-kas+s-at-saNSfactory-exi tner of DEE0. GREEK PA0.TIIE0.G. a tl an, a Cali lornia core e xecu[ed Me within instrument as a general Dar general pa r[ne rship, and acknwledged to me Uat the partnership execute + • peEiC.AL Tc AL ,:O ifP i~3a V 9Ea C JP N'~P NfTNEGS my hand and official seal. I .F• vsv-^+ n ~ i• / `"~ aim ,.~^~ Signato re • COUNTYOOFCORANGE IA ) ss. 19 ~S , before me, the undersl geed. On Nis -71'-` day of o range. ~rsanellY knpownrta me~~ Notary Public in a~or the CoW [Y N nne 5. Go+n r. ~ denc<. to be the President pf N. 5. GOING, M aaa+s-e -sati sfaete anae+'~kndl!dged to n,e that Me corpora tt on Re-ae-en-e e- prati on, neral Dartner o/ LEER CHEEK PA0.TNERS, + INC., a California carp 1 d e0 to me that Ne partnership execute - eaecu[e0 the within ianArecknowa¢ B 9e 9eneral partnl rship. OFFICIAL 5F.•~1- 1 IEPVV is eo CF^+~+ ~ NITNESS my hand and of 11 ciai seal. n°'""` ~,. owsee :°~u~ ~ ~w,,em,T a ~o. i.v 519nature ~Jm ST PTE OF CALIFORNIR I ss. COUNTY OF 00.RNGE ) the undersigned, / day of ~-' 19 'P~, before ne. On th 15 ~ range, personally appeared personal lY known to nx! or`4r'^°° Notary Pobl Darin p pndersee 'wtY o to be 6he Presldent of OR0.REL 0• to-ne-on-the-besiro •sntisfacte7ear,dantt: eneral partner of ANOE0.50N ANO ASSOCIATES, INC., a tal lform a corporation, and atkndledged tp me that the tOrDbratlon executed tht w12Mn instrument as a a eneral pertnershi p, and acknowledged to me that the OE ER C0.EEK PA0.TNE0.5, 9 OFFICIAL 3£AL partnership executed it. ,~ 1[n ovPrr eteetH d d of fs ct al seal. nnnm uauc-cainonx~a NIiNE55 my han an ignature / `~ ~ w, ,a.eaancs~W °- q (Seal) 3' ,~ ' ~ Bond No:9099385 • Premium: 51,639.0 F~ITNFUL PE Rf ORMpN[E BDND NNEREAS, the Lity Council 01 the City of Rancho Cucamonga, Stale of Calffornla, and peer Creek Partners (hereinafter desfgnated as "pr mclpa ave entere0 Into an agreement whereby princi poi agrees t0 install and complete cerf din designated public Improvements, which said agreement, dated January 27, 19R 5 and identified as project Tract Na. 12 Ss Tie ~eby referred to and made a part here0f;and, NNEA EAS, said pr tnclpal is reDUi red under the terms of said agreement to furnish a bOntl for the faithful performance of saitl agree men [. NON, THEREFORE, we [he principal and Develooe re Insurance Company as surety, are held an0 firmly bau nd unto the Ity o Rancho Cuc amOn ga (heretnaf te; cal letl "City^), fn the penal sum Of Nfnet Thousand Ff ve Nuntlred and No/100 DOTTars TT aw u money o [ne Unite at es, or [ e payment of which sum well and truly to De made, we bind ourselves, our ne trs, Sutt eispri, exlCUt prs and adm lnl5trator5, f0intly and severally, firmly by these presents. The condition of this obligation fs such Mat if the above bounded prfncipal, his or its heirs, executors, adminiztrat ors , successp rs or assigns, shall fn all things stand t0 and abide by, and well and truly keep and perform the covenants, conditions and • ) provisions in the safd a9r e<mert and any otter atlon thereof made as thereto provided, on his o• their part, to be kept and performed at the time and in the manner therein specified, and in all respects according t0 thei^ true intent and meaning, and sha :1 indemntly and save harmt¢zs City, its officers, agents and employees, as therein stipulated, [hen this Obligation shall become null ant void; Otherwf se, it shall be and remain in full force and effec :, As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall De included costs and reason dble expenses and fees, includfng reasonable attorney's fees, incurred Dy Ci [y in successfully enforcing such obligation, all to De taxed as casts and inc!utled In any Judgment rendered. The surety hereby stipulates and agrees Mat n0 change, extension of time, alteration or addition t0 the terms of the agreement or to the work t0 be performed thereunder or the ipecl• /icattons accompanying the same shalt to do ywise affect Its obi ig a[ipns on [hfs Dpnd, and it does hereby waive notice of any such change, extension Of time, alter a[lon Or addf ti On [o the terms of the agreement or to the work or to the spec iftcatlpns. IN NITNESS NHEREOF, this tns!rument hes been duly executed by the pN O<ip dl dnd spfe[y abeve ndmed, on Fehruarv pp ' 198 De Creek rpte{ Z LAS/ ~ ante Company eue oper urety ~J l J° ~ (~/ ~tavG~ ! w I~ Yy atUr! OaVa t ~Banle[B- dtt I PL IA ~iT~CN POMER Of ~TiOgNFT TU ALL FON05 SIRNpTUpFi MUST NE pOTpRIZEO 3/ good No:9D99785 ~~ ?remium: included pea LABOR AND MATERI AEMEN BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of [al if orn ia, and Deer Greek Partners (h<reina/ter designated as "pr +nc spa ave enters +pt o' an agreement whereby pr inclpal agrees Lo install and complete certain desi9naf ed public improvements, which said ag reem en[, dated ~ J~ I9B 5 and identified as pra]ect tract no. 13313is fiereay rTrred to ana mane a par[ he rep , an0 rXERE AS, under the terms o/ seid agreement, print iDal is repaired before entering uDan the performance of the work, [o (file a good and su tficient Oaym ent bond rlih the City of Rancho Cucamonga to secure the ctefms to which reference is made + Title 15 (commencing with Section 30A2) of Pert 4 of Divf Sion 3 of the Civil Lode of the State of [alit orni a. NON, TNE0.EFORE, said principal and [he undersigned as a Corporate surety, are held /firmly bound unto the City a1 Rancho D atom pogo and all contractors, subcontractors, laborer s, maferialmen and other persons emDiOyed fn the perTormance pf the aforesaid agreement and referred to in the of oresald [ode a/ Civil Procedure fn the sum of Forty-Five Thousand two Hundred Fifty Dollars (S 45.250.00 ), for mater+a s orni she or a or [nereon of anY kintl, or for amounts Owe under the UnemO lp Ym ent Insurance Att with respect to such work ar labor, that said surety rill pay the same in an amount not exceeding the amount hereinabove set forth, and also in case salt is brou got upon this bond rill pay in addition to [he face amount thereof, casts and reasonable e kpenses and fees, including re aspn oafs attorney's tees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be• included 7n the Judgment therein rendered. It Is hereby eapresily its pulate0 and agreed the[ this bond shall inure to the b<nef if o1 any and all perf ons, Companies and c orDOr atipns entitled to file claims under sit fie IS (Commenting rf th section 3002) of Part 1 of Di vison 3 01 [he Civil Code, so es to give a right of action to them or tnelr assigns in any suit brought upon this bond. Should the condition of this bond be fully per/armed, then this obligation shall became null and void, otherrise it shall Oe end remain in full force and effect. The surety hereby itl palates and agrees that no change, eatensiDn of time, alterat tan or addition to the terms of seid agreement pr the spec tltcatlons eccpm0anying the same shall In - I any manner a/f ect Its obligations on thl5 band, end it does here. by valve notice of any such change, eAtension, alter atian or addition. IN MItNFSi NM EREOF, this Instrument has been Ouly executed by 19A Srlnclp al and surety above named, on pe6 r„a ry 10 , Dee~r/~JCreek (Partners f ~/(,,spa,{ D[Cr..1:..AS_) p Developers Insurance Company eve oDer urety ., l it , W,..., ~w.,L..f ~7-z-z_-*~-~ gn 'are t[prney- n- ac David C.Banfer X ,~UTA i. 11tt¢a19EiF( • PEER E ATTACH POKER OF ATTOpN EI' TO AlL 90X05 SIGNATURES NUST BE NOTARI 2E0 _~ 2 C iii of RANCHO LUCAMONGA IMPROVENENi AGREEMEXi FOR TRACT N0. 111]9 kNON ALL xEN BY TNF SE PRESENTS: inat [Ait +gretment Is A+d! and tnteYed In[e, 1n Cenlermdntt with tot pfOYlilOnl 01 tn! Subdivision Map Act of Tne State of California, and a/ the applicable Ord tnan<es of [M1e City of Ran coo [NCemonga, CaL forma, + moot cipal <orparatien, by and Oe been ssld Liey, Ae rein liter referred to at Ina City, and DEER CPFEk DARtNE R6. a Gen<fal Da rtnersnip nereinTer referred to +s tAe UelpDer. NIiNESSETx: THAT, NNEREAg, said Developer defires to de VeloD certain real property in said City as inovn an the conel[lon ally approved suhdivision known n Tract Np. 12719 , antl NNEREAS, said Cl ty has es[abl is nee certain requirementt [p be met by said OereloDer as pr<re0ui site to pprpV+l of sa10 subdivision ge nenlly located at E/0 4nter N/0 Prrow Ntgnway • XON, TMEAfPORE, it fs nereby agreed by Sala [tty ene py seta Der eloper as Ion ows: 1. Tne Developer nereby agrees [o construct at Developer's expense all lmprar<me nts fescribed on Dage 6 here- of rl thin twelve months Iron the effective date M1l reO/. 2. This agreement snail be elf active on the date a/ ene resolution o1 the Cpun<il p1 said City aD0rOV1 n9 this agreement. This agreement iba'i D! in default an the daY iollor- tng the firs[ annfverfary tlate of Said approval unless •n eaten- tipn of Lime M1as been granted by [aid Cl ty as hereinafter Drovitl- ed. 1. Tht 0!v<IOper may request an ea[enslon o1 time to complete the terms hereof. Such request in all be submitted to the C1ty In rrl ling not less loan 30 days before the expl ntlon due hereof, end shall contain a statement DI circumstances necessit+tinq ene utenslDn o1 time. Tne Cl ty sMll one the right tp re vier tAe provlslpn[ at this agreement, lnciudinq tn! construcelon stand ar di, cost esttmu e, one improvem Mt security, one to regYtre adJvstmenti thereto i/ any substantial eAange his occurred during the term n!rlOr. a. If the Otveloper Iatls or neglects !o comply rltn the proHflonf 0I this egrl emint, the CI [y melt nave the right +t any t1Ne tp cn f! said provisions tp be me! Oy any IerrVl means, and tAtreYDpn recover from the Oevelope^ and/pr Ms turpty the roll cost ana expense incurred. S. The Derllpper shall provide meteree voter service to earn lot n/ sold development in aLCpfdance rltn the rlgaletions, scheeules, and fees p/ the Cucamonga County Hater Otstrict. 6. The Developer shalt be responsible far replacement, rllDta[IOn, or removal of any component o1 any Irrigation eater sys tam In cp nilict rt[n construc[lon of repufred imprpveAlents to tAe salt if ac lion of [ne Clty Engineer end the arner a/ tvcA riser system, -l- 3 ? Truta and Lamm/Ind. D.M. a. - ]. Imp rovemeets required to Ee constructed shall Conform [o [ne 5[anward Drawings ,nd St an Oerd SD ec if ila[tons of ine [Ity, and tq Ne Improvement Dl an approved EY end on file in Lne deice o/ [he City Engineer. Seed imp rovemen ti a e [aEUla[ed on the Conitruc tion end Bond Estimate, her<Ey IncorDOreted an page 6 hereof, es taken from pee improvem <n[ plans toted thereon Ey hamper. Tne Oevelaper shall etso Oe ^e spa^siEle far coni[ruc- tfon of a^y Vanii :ions or other incidental wo r[ Ee yond ene tract Eoundariei a needed for safety and DrgOV surface dr einag e. Errors or omml is ions Okcovered during cons[r actin sn all Ee corrected upon the direction o/ the City Enginttr. Revised vork due tq aid Dian modifications sn all ee coverld Ey ene Drpv isipni or Lois agreement antl secured Ey [ne sure [y covers np [ne or igi nei pl+n n<d works. 0. Con se ruction permits sn+ll Ee obtained Ey the Developer from eh! office DI the Clty Engineer prior to s[ot of ork; all rtguletlons listed the roan fh+ll Ee oEServed, with attention given to ufetY Droceeure s, control of dust, nolsq or giver nuisance tq ene area, ,ne tq or ~Oer notlflution o! pvEllc utl llties ne City Dep n[men<s. iallure to comD1Y with tMs Section shell Ee ivEJect to the penalties Drovidee Mere Por. 9. TAe OeveloDer shell Ee re sponsiEle for removal of +I1 loose rocks and other de Eris from puElic rights-of-wty mlenl or adJ olninq sal0 eereloD~ent resin Ling from work rll rtlre t said development. 30. Nary Bone w1lhin enifting streets shall Ee diligently puriu ee [o comoletton; the [i ty sn,ll nave the rlgh[ eo [pmole[< any one ail work In ehe event o1 unJu sti%ed delay in pmpletlan, one to r over all cost and e+pense Incurred from ene D[velnDer dad/dr nlie[dnere<edr Ey dnY l+wfml mldne. ll. Sava Developer shall +[ ,11 tl mes /piloving eeelc,- tlan of ene streets and ldsemM es in iHd fuEi div ifion, uD tD tn! comoletton and deep tan ce of iHO wq rk or improvement Ey sale City Council, give good and adlq m to wanln9 to the to veling pu El is of each and every don geraus coneitipn e+isten[ 1n sold f tr eat or easement, and will protect the to veling DuElic /rom itch de/active or dangerous egndltl on s. Unt 11 the <ompletlon o/ +11 Impr avements, Aereln InC0f D0f rted on Plge 6 , Lo E! De rf ormld, each p/ iHd itr!!tt not etfe D[ed H Impr ovemenes shall Ee under the charge o1 said OeveloDer. S+Id Developer may close ail or a portion of any tree[ su EJect to the conditions contained In a temDO Vary street closure Dlrmlt, i[f ved Ey the City En 9lneeq mhm ever it Is necessary to protect the pvEllc daring [ne construction of the Improvements heroin agreed to Ee made. IT. Pa kw ay trees re geirtd to Ee Dianted sn e11 Ee planted Ey the OevelaDer after other ImDro vement work, 9nding one cle an u0 Ms Eeen comDte tad. plan Clog shall Ee done u provided Ey Drdinen ce In accordance witM1 the Dlan[1n9 d1+9ram a0 proved Oy the Ctty CD mmvnlty OerelDDment Olre<tor, Tne Developer shall Ee resDOn siEle for malnt+ining all trees Dl anted in goad heal[M1 until ine end df the guaranteed maf ntenance period, or for one year after pLnting, whichever 1s I+ter. 17. TAe Devela Der is nsppnilEle /or meeting sll condl- ttgnf of taElisned by tAe Clty Du avant to the Su Odiv lslon _2. 3 tf r ".e .. Map Act. Cily yrtlian<es, and thit agreement far the development, amp tar the maintenance or all imprpremtn is constructfd enereunder ~ntli ene imprpvement is accepcea ror mafneen an to Dy tD! C{ty, and no lmprpvtment itCUr~ty provided DerelnwltF sn all De released before sucn a; cent ante uml<si oUtrwis! provided and authprlaed hY tDt CI tY CoancN of the C1 [y. ia. Thfs a9reem ant shall not term) mate until [h! mainteaen to 9W rantae tecuri ty herein af[!r d<sCn Ded Des been rlleasld by the Cily, pr untU d ntw agreement [o9eth2r Nftn the rlpuirl0 Imor eV ement slCUrlty hat elan tvbmi [ltd [o fn! City by a succesipr to top Derain nem ed, and by retOlutipn of tD! City Council same naz Deen acceptla, ono [nlf agreement and the improvement security tnerel or Das Deen rcleaseE. 15. the fmprovamint z<cuH ty eo be Pornished Dy ene Developer nitD toll agreement sDall consist of the PoIioNing one to all be in a 10 rm ac ce ptaple by the City Attorney: A. Tp secure fai tDfut per Pormence of LAif agreement. 1. A bond hr bonds by one or mare duty mthorixed corporate sv.eties to the farm ana cpntant toe<Iiled Dy Government Code 5lc atom 66199.{, 2. An improvement Security Instrument in the form . ana content t~xcirled by ene cltr Attorney, ]. A de pout with the City of money hr ne o[fahle 5 hoods pi tot Nod approved for ecvrinq deco 5151 of Dvbllc mom it s. B. io secure lab prert +nd mal erl alma+~ L A bane or bonds by one or mare dv ty authortild corDOr ate sureties to the farm me content soecifled Dy 4overnmen[ Cage Section fi6199.t. 2. An ImDrdv=meet Se tors ty Instrument In [ne iprm and content speclrled by tn< Ctty Attorney. 1. A deDpii[ Nftn City of money or ml9otlaDi! Domes a( the kind apprpv!d for seCaH n9 C, A Cash d@past[ N(th the City to guarantee paYmin< Dy tnc DevelbDer to tnx <n ginlar ar surveyor Noose v[If hate appears upon the final Map for tn[ setting pf all boundary, lot <a roar, and sVtet center lin! monuments aed Por furnishing ctntertint tie notes to the city. the amount o! tot dtvpslt may b! any amount cent stied by ene <nql ne<r or TVr Vlypr xS dtCxptxhle paymenC In fpil~ er, ^ e0 value is submitted, [he <asn oend snail pe as shown on the Conser uctfon ana Dona Esttmd< cantalned nerein. Said casn depDitt may Ot rlfvndld ai soon at proft- dure permits after receipt by the [Ity df ene [!nt[r11n! t1! nhtet and Nrlften •SS VfenCa p1 payment In lull from the engineer qr surveyor. 0. Tne required bonds end the Drinctpal amounts [DV'e pf ere sit fore0 on vaye 6 of tots +gremen0. 16, The p!vlloper w rr ants the[ tD< improvements described in this a9raemint indll De tree tram defCtts In natvfall and wortmansnip. Any end all po rtlons of the imDrove• nests iDUnd to he def active Nltnin one (11 year fol laving the data Dn wM CD th! Improvements af! acclDted Oy tn! Cfty SDd11 D! repaired Dr rapt aced by yeveloplr free DI all ¢nargls to tDe G )ty. Tne Developer small furnlfD a maintenance gv vante! security 1n a sum epv al to ten percent (lOt~ of the cpntp vction ~~ 3 estlm rte or 1200.00, vhicnever is greater, to secure tM1e faitMUl perlprmance vI Developer •s ooligatlpns as dw trle<e in [Als para- grapn. Tne mel nt endnct gvdran[<[ t[[V r,[y Sndll also seGUre [Ae R l[hlul per Pormence Dy the 0eveipp er of any oeli9ation oI the Developer :o dp tpecifled vpr4 i:n respect [o +ny parkv ay maintenance aszessmane dlseric t. ante the improvements nave been axceottd end a i.ntenance guarantee secure :y Des teen accepted ey [ne Ci[y, [ne other imprpvement secu•i[y described in this agreement may De released prevlded [4a[ sucM1 rtleaae 15 o[Aervl s[ eu[Aarited ey the Subdivision map A<t and any applicable City Drdinena. V: chat the Developer shall take put ene mai nt eln such public liabilf ty and property dam toe insurance as Snell prate[[ him and any contractor or subcon[rec[or performing work covered Dy [Ass agreement from claims Ior property damages vAICA may ar lse because of tAe netpre or [n! work or from operetionf cane er LAIS agreemen [, vnetAer such opt rations ee by Fimfelf or by any contractor or subcontractor, or anyone directly pr Ind erect ly employed by said plripns, even tnougA sucA damages be not caused Dy the negligln ce pf the Developer or any contractor SYbLpn[fdLtor pr dnyn n[ empl0yld ey said p[rspns. TAe pYDt1[ liability and prpp<r ty damage :nsur once Snell list the City as eddf lanai Insured and Oir•ctlY Dr p[ect the illy, its of licvs, agents and employees, as rill as the Developer, M1is contr ec:or~ and A13 SVAfontf dttore, and all inyVrapf! ppll<1e1 IstYe here ur.d er snail so state, the minimum amounts of such insurance shall be as follow: Contractor's liability insuranc! provieing bode ly tnlury or dtdth liability limits O/ not Itfs [Aa 5100,000 Pot eacn person and 31,000,000 for eacn accident or nccurtenct, and Drop<rty damage Itab11- ity limits of not less [Han 3100,000 for eacn a¢1- den[ nce vi[n ag9 regale Iim1[ of 3250,000 for claims vnl cn may art se from ene opera- [Ipns of the Developer in tAe perlormanc! a/ [n! mark herein prpateee. dutomoblle Ifabllity insurance covering all rehlcles used in the perlprm+nce of [MS a9reea ant providing Dpa ny In1urY 11aD1ii [y llmltf of not less anon szao,aoD rot eacn person ,nd voD,aOD for tech acct dent or a¢urr<nce, and property eamage 1l toile ty limits of nol less tAan 350,000 /ar eacn ucident or occurrence, with an aggregate o1 not toss loan 5100,000 vAl cn may arise from the o0<n- tions o/ the Developer or nis Contractor In performing [n< vork Drovield IDr ner<In. 18. snot belare the ea«ution o1 this agreement, tot 0!vllaptr fAdll fll! vein tAe C1Cy a certiflcete Or certiH Catef of Insurance covering Me spec if lee lniurance. Eacn sucn ctrtlN Cate mall Dear an rneo rsemen[ Dreclueing [Ae uncelLUOns, or reeuctlon to co van 9e of any poi Ky ev teen<es Dy sucn <eretl;cate, belore ene ea pl ntlon or tM rty 110) nays after the Clty shall nave received note/INtion Dy registered mall frpm fA! Infurance tattler. As evidence o1 untlerstandl ng the provisions cone einee hMltn, me of tot ant to camplY vten tame. ene Subetvteer Aes Suomi ilea tAe foe loving aescrlbed Improvement security, and Hu afH xee Mf signature Hereto: • ~` r ~~~ • FAITNEUI pFPiOPXAXCE Type: Bond p.,~~ipel qmo unt: SS09,000.0p name one aaaress pr su reey: MATERIAL AXO UBOR PATNExT TYpe: pantl Prinu pal Amount: 5100,500.00 name and address or surety: CASH OEpoSIi xJNUMEXTAiION TYpe: Pri nc ro al Amount: f 2,600.00 Nam! dlld ad dr CfS pI SYf![y: NAIRTEXANCE 4pARAXTEE T YDl: principal Amount: S 20,900.00 Name end address op surety: TO RE POSTED pA100. TO ACCEPTANCE RY THE CITT IN NITNE SS NEAEa, tAe parties Aereto Nave caused enese presents to pe duly toted and acknowledged vitM1 all corm all[i es re9ui rte py '. xm an tn< dates see Yo rtx opposite tNetr signatures, cE ER CREEK PpATNEA6 pate Jan. 31, 1985 py ~ [ `j !~,1 r ,pereloplr --S'~gnature N1 rk. G. Na rd, prtil dent, NOC CprP. r Ifi[¢ Date Jan. 21, 1985 py Om eloper '-l' ' Sf9nat re ' Nynne 5. Got ng, J N. 5. Gdl ng, Inc. men rent e~ A!<e peee; !~ ~~~ CItY of RancAO Cucamonga, C~ S19m turc C etl Emrnle rrnl 0, pndenon Prcsl dentdent Oa rr 1 p. A Nunlcipel Corporation Prl A tad M ersd on 6 ps aptt aln, RY: NaYlr Attest: ty e approved; / ~,~ m OEYEI OPER'S SIGNATURE NUSi RE ROT ARIIEp -6- ~' 37 ~I~ r.•~++ . V a- • .-~ cm n RANCHO acAMpN6A ENGI NfERln6 pIYIS ION EN[ROA[IaEXr vEPJtli EEE XXEWLE for Lmprorannt - Cr)a Dace: moPte qr: file R! erence _ Cl <r Oraa nq u. :~.I Sp Onacs lqt[: Wes loe IncleOe current fR /ar rrit llg perwlt w wraent Oeposl es pupnrtrr uxtr Irfn PR1(f a•pX.N7 _.,2yas9 L.I, P.C.C. <Vrp - 6' C, G.ld" gutter 5-00 LO,IR0. 00 1,5a; L.F. P. C,[. taro - B• 0.f. eR• gutter 6.00 ~. ,0 ti; L,f, v. (. C. cure only 5.50 ,n. ,0 L.G. A.C. Dam 1.50 11.z+) S.G. 1• P.C.C. sl tertlL lJ5 ]9 1)1. :0 +~ S.F. On ve IPOrOan ;. i0 T:}~: ;. ao ": S.G. B' P.C.C. crass 9utt er (Inc, cerDl '.IO ggg 9, ~l a l.~^, .- C.Y. Street eaceret ion 1.50 S.:nn. ~ oo QL ImoorteN eNelnxmen[ 1.50 +g` S. i. PrePIrll AOn of suwraa 0.15 ).195. 90 +a.,+.. 5.f. (rysnea +gq. pese (Pa IMn Ni<Y) 0.0] s.tl'. Bo TOM A.C. lover 1100 [Onfl 21.00 TON A,0. (900 t6 ^00 toys) ]5.00 TON A, [. (SW to 900 tgnsl 15.00 +a:~:± TOM A.C. lancer 500 tons) 60.00 a ay,+5 S.G. A.C. Il• eN ¢t) 0.55 is:ii-ice S. F. Datcn A.C. Ibencn) `- • 1.15 Ba $. i, l 19~ [nick A.C. over by 0. ]0 T%77~b • ? Fn. AeJust serer aennPie to grace 250.00 -37T7-d FA. AOquA serer clean out to grace 150.00 EA. W2ust wt<r vel ves to grt Oe - )5.00 ~ EA, Slree[ lignes 1000.00 1~dJ L.F. Barn gVes Imtersec. 1500 ml n) 1.00 L,F, E . 1^ re6rooe neeEer 1. )5 i%53o S. F. Pemovl 01 A.C. movement 0. ]5 -d`T1-: S'1 l.f. Remevl OI P.C.C. curb ], ]0 L.F. Removll Pe A. [. Bern _ 1.00 r FA. Street signs 100.00 ~40~1 EA. Ael lectors and posts 15.00 L.i. Cancr<te Dlon all 25.00 y J10 S.f, Aet lln ln9 .111 20.00 } C CaY. anae[e Arvet arcs 115.00 _~1 L.f, Ip' R[P (2000 O) 19.00 609.00 L.F. N• PCP (1500 0) 15.00 L.f, ]6' ACP (2000 01 e9,W l.f, IB• RCP (1200 O1 )6.00 _L EA. Gtcn Du to M 1~ 2000.00 x n00.0 EA. Utcn rosin V • B' 1900.00 fA. Cacn enm V 22' 1500.00 _L EA. Laol eepressign 1' 500.00 00. fA. L6ul eeeresti an 11' [000.00 EA. S+nc[I On structure 5000.00 EA, OPt set struc[urc, S<0 I506 1500.00 fA. Outlet structure, 556 Y50] 500.00 -- fA. Were Doses - 10.00 - L.F. WIr6 plnel (raR6) 25.00 2_860 L. i. Sarcut $, 00 ?,~~ __ G. xe1Nr111 UB• xing) 1000.00 __ L.f. RMro06 nNloer lJs S,f. llnataoing 6 Irr lget lon 2.)i l,f, A611 carp IP.6 C.) ), 5p ENGI Of EA Il1G IXSPFGT ION fff t0995.00 we rOTK R[St 3B 10 22 0AA1 tON/OFL InEAfION CASN ~ CONT INGENCi COSTS OB. pEP051T (REfUNOARtfI fA1TNfpL PERfgIMANCF Bdep (5003) 1 MOKMFNipi IOX IOgfTN (CASXI 52600.00 UIOR A1q MAttpIK AOXO (503) IWrtelne ee etc. el R•nclAe aet..w• NNntc SR•5 eo6•• ne5• t, •pReten, fw fN•Rt•e S,a , MnRrOtR caner e•e• TItIR, gylRS 1.5, . e•fN r••tOP•tlR/aIIR•tl•• bpAli •MII a •p1e •vla le Ixerree of w [thlRRlni CanteuttR R•twl e, A~~ RM ReO 0rw 3 R ~.:r - r~ai. ~_ siA!E Of CaI.EOV91p 1 ii. COUNiY OF CPpNGE 6, Nis ' Y tla o/ i 19 /.>-, Defpre me. the uncle ti Wed. r 9 Rotary pvelic n ana !or ne County a an ge, pen onal ly eppeartd RnY G. card pert ovally town m w d`pmeb la-.e-an-<M-lasn-e4s«uN<tdy<wIXeah to ee cne vresrdent pr uoc Cprpor,- tlDn, a Cali Pornla coryoraU On, and ¢kn w le dged t0 m! to at Ne corDOn HOn uefuted [M1e v1tMn instrument u a general De rtner of DEEP EREf! PpPi0EA5, a genoal Da rene rsnip, and aknwledged [p me [NL the Oaatnerihlp emcuted It. 4I iME5 5 my nand a n d of It ct e t Seel. CF'tCl>L SeAL , / f ~ j ,E 1' 9eature ,. ISea11 9ipTE OF GLI FOVN IR 1 ss. COUNiI Of OPPNGE On NIf ~Y-a daY of .-4, - ~ 19 ~, Defpre n!. Ne vndersf 9nee. Notary pvDllc In amZ 7or the LoOn t' ?TOr n9 e, personally appearte Nvnne 5 Gol np r' personally 4nomn to me y.ym pa-ro•en-Ut~ttarY-evaaew<q m DC [n! greSident Of N. 5. GOING, INE., a 411fornta fprpen tlW, and afknw il dged [D K [Mt [ne corporHlpn emcuted the wltRln Ins[rpmen[ as a 9enerei partner of OEG GEEN PpgtXEP1, a general pe rtnershlp, amd ¢knwl<fgetl [o ire that [M1t par[ne Whip executed it. Ni TNE51 my nano and efll ct al seal. .~~; o=PO:•aL acs. ~ / h-t'-ky~ ~ s~ lf i/ 19m ISOi~ STATE Di ULIfOAXip ) CdJNtY DF D0.pNGE ) 1s. On tDis ~/" day of 19 ~S , Defers ne, Me vndlrs lgned, Xo4ry Public In afar the [oynty o renge, personally apP<e rcd Odr 1 0. pod r OeriOnally town to m! arm r~eR - te-ne'Dn-tne-Dail s-o •Xetb mter>•m dmcl; to De the President of pARAEI D. AXOCASON /NO ASSOCIATES, INC., a Glllornla c~rporatl ae, and uknwledgea to as thet tAe corporatl on lveepted [Ne ui (Aln instrument a !general partner of DEEA C0.EFA PARTNER, a general partnership, and ¢knwledged to pe tNAC th! pa rtntrsAlO eneeuted 1t. NIiNESS mY hand and of/i cl el fell. ( !' MY UFEi, eL ~lst iEa4 vu: BFAnF~ a n :v ,a.J tqm cure y (seal) • .~~ 3 9 ~ ~~, ~ _ - .. ~: Bo-d %v:9099I95 ire^.v ur:5l, :6 i.0 ~~~ FAITHF Ut PE0.FOP MAXCE /ONO ^ NXEREDS, the CI[y Council of the Ci [y vy Rancho Cucamonga, $teee of CellPornla, ena Cttr [rcex Partners (herein al ter dnslgna[ee as "pn nc tpe are ant area Inca an agreement vherehy princiD+1 agrees tv Inue11 and comnlete tort aln ee si9nat ed pYDllc Improvements, +nich sold agreement, a,eee Yanua ry H, 198 5 and ident tf lee of prole[[ rd N 1219 Is lie rtDy rlftrrle [0 and made a part nereD ;an , 4N EREAS, old pri nci0al Is re0uired under the terms of Bald agree me nt to /carol ih a DOnd for the fH thful part ornance p/ sold agreement. NON, TXERFFORE, vm the Drtncipat ane ~ mono P.]T as turlty• are hlld and flrmlY Do and Unto tn< [y o C uGl monga INereinJ ter called Clty"), in the penal sum °goTTaTS ivo NunemO pl n! Thapsand and No 100 y aw a money a t e Unt[e a ef, ar t o DaYment u( wnl Cl Scam well and tIYIY LO h! midi, w! Dlnd oYrtllY!{. OVr hl lrs, 4V000 Sf Off, eleCYtOft and admin lstretprt, jointly an• f !v[nlly, fHmly Dy these prose ntf~ The Coneitlon p/ this o011getion IS such LXattlmfn5strato rfc bound ed Orincip al, Ms oI Its heirs, lmecY[p rs. e swcestDri qr assigns, shall in all tnin9s stand to and abide Oy, and well end truly 4eep one perform tM1e covenants, cpndttlons +nd prpvisipns in the said agreement and any alteration [perm/ made u therein provieee, on Mi or [hair Dart, to he kept and Dlrf ormed a[ IM time +ntl 1n the manner therein spec111 ee, and In all resplctt accp~din9 tp [heir true Intent and mt ro5nq, snd still rode mni/y and save harmless City, Its plff cars, +gtnt5 and emplpyt es. If Uereln s[Ipule[e e't shall toe sand isematsn nl ns /call EtCp m! nUII and YDid~ pthllMifl, I rprce me alto[[. As a part of the opllgaH on secured M1erlDY and In atl0ltf on to the (act amOY nt sped/tm thlref Or, thee! Shall De InclYd ed [bits and real on able <Xp anti[ and fees, inclvd ing re afpdaDi! attorney'f tent, In<u m ee ny City in successfully enlprcing such oDllga[lon, ali [o De taaetl at costs +ne Included to any JYd9ment rendertd, TNe turetY Aer<hY stipulates and a9ree3 that no ch engt, !rt[nslon of Hme, alteratl an or atltll el on to ehe term[ o! the agreement pr to the wD rk tD De per/ormed thereunder pr the specl- Ilcatipni a<companylnq then of ~tl tlou In ereX wives notice to/ anY o Dllgations on fMS hand, atteratlpn pr addition to the such Change, !Xt<nslan pf [Imo, terms of the agreement ar [p the wort or to the spec)/ic atlpnf. IN NtTNE55 YNFREOf, eMS In3trum ant has Deen duly eaecute0 hY the principal and surety shove ndml d, On. EB¢C ARV ZO 19B~. olt~ygltk L~i~ ~..~t /, Lu ~a>.{J~ OEVEIAPERS INSUPANCE COMPANY eve peer urea 9n tore --~7 Arney n• at oevld C.N+n Eec F ~l Il hOA IQOFSIDafI V~~~, HENS NSI6NNTUA EfNNUST A/E MOTAAIIEOtI IONOS y° y Nm `~~ e_ ,., ~: Sand ;:a :9099195 a [en. n[ Wtei L APOR NND MAT FRIALMEN BB XD 4HEREPS, [Ire Clty Cpuncll pf the C1 [y pf Aan cho Cucamonga, Sta:e of C+l if orni e, enE r ire 4 Partners ~ (Ire rtlna/tar desf gnated as "prrn<rpa rve Gntere Into an agreement weereey Drln ciDal eg tees io Insc ell and complete c!r[afn designated puDl lc Imp rDVem cots, which said agreement, as ca Jmua 21 198 5 end Identi it ed u Drolect lre<t no. rs nereey rTrrea to ana made a part nereo( 03 4NE0.EAS, under the terms pf said ayrelm ant, principal is re pulreo Defore en[erley upon the per!o rm ante pf the worV, to file a good and svR lcl ant Dayment Opnd wrlh the City of ianchp Cuumpnga to secure [Ile cletms to vhich ref erlnce made ii[le IS Icommincing wl [h Section lOB$I of Pert a el r0l vrP sport of [h! Civil Code of the State of California. NO4, TNEAEFOAf, sa ld principal and Ne vnderslgnld u a torpo n[e fu rt[y, oe held Ifrmly Dpund unto the C1<y o/ R+ncho Cu union99e and all con er actors, subtontr actors, laborers, a rterielmtn and other persons lmDloyed in [he D<rlprmanc! 01 the aforesaid gretment and re/erred to to [ht alonuld [ode o1 civil Procedure in th! sum of One Nunered Four thou sane F1 ve N4Nred oollert (3lrao soo~oa L for miter u.s u n sned or a or t erep oI any Vl nd, o or amounts due under therOnemplo ym en[ InsvrancenA[t with resoe<t to sucn wort or teen r, that said surety wAll paY the same fn en amount opt ucpt clog the amount herelnabpve set Tort h, and also in case spit Is erp ugnt uppn thrs Done rill pay In addltipn t0 tilt Ia[< alit Ynt Cherie/, CpS tS dnd rlaSpn ael< eepensei ene tees, incl uE~ng re asonaDle alt prney'S lees, In<u rred by City rn sucpesif~lly enforping such oDliga[Ipn, tp De a ar dad ana r;n<e Dr ene <pprt. ene m ee ea.ee ,s cosec ana co De included In tee :ud gment :herein rendered, It Is hereby enpressly stlpula[ed and ogre ee that this Dand sned Inure to ene Benefit of any and all pv son3, companies +nd corDOra[Ipns entitled to file cl alms under role 15 Icpaaen clog with Se<tlan 1002) pf Part a pf Oivlton 1 p! the C1vt1 Cade, sp u to give a right pf action to them or Melr afsignt in any Suit brought uDOn thia Dond. Should file co ndi lion of this Dpnd D! fully pe M Ormed, then this oDllgat tan sA ell De<a me null and void, deh ernlse It shall De ana rlaain In full torte and efface. Tha surety hereby stfDUl ales and agrees tNrt no eh doge, u tan slon of time, aAtlr etlon or additl8n to the terms of sold agreement Dr the sp!<Ill utlDni eccomp m Yln9 the same shall In any manner affect Its oDltgatloni pn this Dond, and It does h!r!- by ufve notice of any such change, eat ensign, alter etlon or .adltlDn. IN 41TNESS NN EAEOF, Lnls Instrument has D<en duly eae<uted Dy Lhe prlnGtpal and Sur![y ebpvt named, pn FE3PUAPY 30 , 1981, Ge~e(/r~~C~rcek 1pa/r/tn~~erns /~~ ~/(~ y l-Nw.A^l/LLe.Cna.~.J •~~ OF,VELOF ERS INSUPANCE COMPANY ere oDlr / are ty yna are Dav~N?R81f(a n- act '1Ela4Gar1 PEEA E AITACX POMER Of ATT ORRfi TU All RURUS SICRATURES XUSi ff RUTARIiEU i y. \ y/ .~ ~. T 1 • C[TT GF RANCHO CDCAMONGA IMVAOVENEXi AGREEMENT FOR TRACT rv0. 127aD ANDN AEL MEN BY THESE PRESENTS: Thee this agreement 1s made and entered into, in can Pormante with Me Dro v75i Ons o/ the Gdbdi vision Mao Act vi [he State of California, an0 of the a pDl ie aOle Drdinancez of the City Of Rancho [ucampnga, California, a moos[ lp al corporation, by and h<tween said City, hereina/[er re/erred to ai the Lity, and DEE^ CREEK PARPIE RS, a California General Pa rtnersh iv h<reina ter re erre to as t e eve peer, NITNESGETN: THAT, NHFREAS, Sa1d Developer desires to ee velop certain reel prop arty In said City as shown on the conditionally approved subdivision known as Tract tlo. 12740 and NNEREAS, said C1ty Des est aDlts ned certain regal rem en is to be met by saki Developer as prerequ iz ite to approval of said subdivis ton gener ally lac at e0 at E/D Center N/C Arrow Hinhway NOM, THEREFORE, 1t is hereby agreed by said City end by said Developer as tol tows: 1. The Developer Aare by agreeY to construct at Developer's expense all improvements describetl an Page 6 here- o/ within twelve months from the effective date he reel. • 2. This agr eemeni shalt he e/f act ive on the date of the resol utian of the CD Until of said Llty approving this agreement. Th1s agreement Shall De In dal cult on the day follow. in9 the first anniverf dry date o1 said approval unless en extln- ston of time has been granted by said C1 ty as he retnsf ter provid- ed. 3, The DaveloD er may request an extension of time to complete the terms h<reo/, Such request shall be submltt ed to the C1ty In writing not less than 30 days he/ore the expiration date hereof, sod shall contain a statement of circumstances neces sltat7n9 the extension of Ltme. The City ih all have the right to re view Lhe provisions of this agreement, Including the c onitruct ton stand ar dz, cost estimate, and Imprpvement security, and to require sdd ustmen is thereto ti any substantial change has occurred during the term here ot. A. If the Developer Ia11s or negtec is tD comply with Lhe Dro vltians a£ this agreement, the C1ty shall have the right st any time tD cause said provisions to De met by any lawful means, and [hereupon recover Irpm the Deve layer end/or Ms surety the full cost and expense Incurred. 5, The Develop er shall provide metered water service to each lot of said development 1n accordance with the raga lotions, f chedul es, and tees of the Cucem on ga County Hater District. 6, the Developer shall 6e resppnslhle For replacement, reloCat ion, or removal o/ any component of any 1rrlgetion avatar tyttam 1n conflltt with tOn3tructivn of requlre0 lmprpvements t0 the sat lsfact ipn of the City Engineer and the owner of such water system. -1- r L ^~ Tracts and Claml/Ind. P.N. ~/ 3. 7. Improvements reRUir<d to be constructed shall Conform 6a the Standard Draw ings antl Standartl Specifications of tDe (icy, and [o the ]mprovemeni plan approved by and an file in the Of lice of the City Engineer, Said improvemen tz are to DU1a[ed Cn the CpnSt NCt ion aOd 80 nd Es[imat<, ^ereby inC Orpor dCed Cn page 6 hereof, ax taken from the imDravem ent plans listed thereon Dy number. Tne Developer shall al in De responsible for co nstr uc• lion of any [r ansitipns ar Other incidental work De yond the tract boVnd arses as needed far safety and Draper surface drainage. ErrOrS or ommissions discovered tluring cpnstr actin shall De corrected upon the direction pf the (sty Engineer, Revisetl wprk Oue to saitl plan modt4 is ati onz shall ee cov eyed by the provisions of tAfs agreement and recur etl by the surety covering the original p tanned works. 8. Construction permits shall be obtained by the Developer /r om the oN ice of the City Engineer prior to start Of work; alt regu lntlans listed thereon shalt De o0serv ed, with attention 9iv en to zaf ety procedures, cp nt roe Of dos t, nOfae, or other nut Banco [0 the Brea, and t0 pr Op er notification a/ pp0lic utilities and CI [y Dep artmentq. Failure [o comply with this section shall be 5upj e<t to the pen altf es provided therefor, 9. The Developer shalt b! responsible far removal of alt loose rocks and other debris from public rfghts-Of-way withfn or adloining said development resulting from Bork relative to said development. 10, NorN Bona within eatst in9 streets shall De diligently pursued to cpmpietton; the Cj ty shall have the Ngh[ . to complete any and all wprk in the event pt unjustified delay in completion, and tp recover all cost and ex0eo se incUrr ed from the Developer and/or his contractor by any lawf u} means. 11, Said Deve toper shad at sit ti mez foitowing dedica- LiOn Of the Stye<ts epd ld4 em P.ntS in sAitl su Df dives{0n, UD Cp th! completion and accept en ce of said work or improvement Dy safd D1ty Louncit, give good and atle0uate warnf n9 to the tr aveiing puD7 is of each and every dangerous <andit+on eaiste nt 5n safd street or easement, antl will protect the traveling public from such defective or dangerous <ond it(ons. Dnt it the completion of all improvements, herein incorporated on Pa qe 6 to De performed, each of said Streets no[ accepted as improvementY shalt 69 under tAe charge at Said Developer. SaSd Developer may close ell or a po rtlon of any street subject to the cOnOi tipns contained to a Llmporary street closure permit, issued by the Ci Ly Fngi neer, whenever it is necessary to protect the papist during the <onst rut ti od of Che improvements herein agreed t0 be made. 12, parkeay trees repaired to De planted shall he plan led Dy the Developer after other Imorpvem ant work, grading and cleanup has Deen comp le led. Planting shall 6< Oo ne as provided Dy Ordinance in accordance with the planting diagram approved Dy the City Communf ty Development Director. the Developer shall be responsible for mat nt afn5ng all trees planted in gopO health until CA< end Of the guaranteetl maintenance pertpd, or for one year after plantin q, whlchev er 1s later. ]1. Tne Developer to responsible for meeting all condi- tions est eblished 6y the City pursuant to the Subd ivlslon -2- `` - y's :~ ~~ Map Act, City Ordiances, and this agreement far Che development, and Por the maintenance of all improvements constructed thereunder until [he improvement iz accepted for maintenance .by the (Ity, rind np 1mpf0Ylmenl seCUfl [y prUVlded her2inwlLh Shrill be feled$ed before SUCK dCCeptdn C2 Unleff Other Mlf2 proVlded dnd au [hor fixed Dy the City Council of [he Lf ty, 14. This agreement shall no[ terminate until the maintenance guarantee security herein of Ler descr ibeO hes been released by the City, or until a new agreement together with the re9uired improvement security has been submitted [o the Cily Sy a successor to the herein named, and Dy resolution o/ the City Council same has Deen accepted, antl [his agreement and the improvement securf ty cheref or has been released. 15. The improvement security tp be furnished by the Developer eith this agreement shall consist of [ne fol toeing and shall be in a farm a<ceptaDle by the City Attorney; Tp secure faithful performance of this agreement. 1. p bond or bonds by one or more Ouly authorized corporate sureties 7n the /orm and ca nt ent specified Dy Government Lode Section 66499.1. 2. An Imprpvem ent Security :nstrument in [he form and content specified by the Lity Attorney. 3. A de posh with the City o1 money or negotiaD le OandS of the kind apProv ed far securing deposits of public monies. To secure laborers and ma terf almen: 1, q band or bonds by one or more duty authorized corporate sureties in the farm and content specified by 6pvernm ent Code Section 66199,1. 2, An Improvement Security Instrument in the form and content specified by the City pttorne y. 7. A deposit with City of money pr nego tiap le bonds of [he kind approved far securing C. A cash deposit with the City to guarantee payment by the Developer to Me engineer pr surveyor whose certificate appears upon the Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the C1ty. The amount of the deposit may De any amount cert iffed by the engineer or surveyor as acceptable payment in Iasi; or, if no value (s submitted, the cash bontl shall be as shown on the Construction and Bond Estimate contained herein. Said cash deposit may De refunded as soon as proce- dure permits after receipt by the City of the centerline t1e notes and written assurance of payment in lull from the engineer or surveyor, D. the re9uired Donds and Lhe principal am ownti thereof are set /orth on page 6 of toss agreement. 16, The Developer warrants that the impr9vemen is de scribed 1n th ii agreement shall be free Irom de PoC is In materials and workmanship. Any and all portions of the impr9ve- ments found to De defective within one (l) year following the data on which the improvements are accepted by the City shrill De repaired or replaced by Developer Tree a/ all charges to the City. The Developer shall Pornish a mainten ante guarantee security in a sum equal to ten percent (10%) of ene construction -7- p. B. • • 5'S' estimate or 5200.00, whichever is gre ate•, to secure [he faithful pef /Orm dote Of D¢V¢lOpeis 00119 dLi0n5 as de1<rib¢d in [1111 pdra- grapn. The main:em ante guarantee security shall alsD secure (he /aithlui performance by the Oeve toper of amy oDligat iDn of the Developer [o do specified work wi [h respect to any parkway mdlnten dnC¢ d1S CSiment d11(rICL. 00[e the 1mprO Vem ¢nLS Dave Oe en accepted and a maintenance guarantee s¢cun ty bas been act epl e0 by the City, the other improvem en[ security described in this agreement may De released DrD Vided tM1 at such release is otherwise alit hor iced by th¢ SuDdivisf on Map Pct and any applicable Lity Drdln dnC P.. 17. shat the Developer shall take out and maintain such public ilaDilify and property damage insurance as shall protect him and any contractor or subcpnbrac tar performing work Covered by this agreement from claims for property damages which may arise because a( the nature o1 Lhe work or from operations under this agreement, whether such operations De by himself or by any contractor or subcontractor, or anyone directly ar indirectly employed Dy said persons, even though such damages be not caused by the negligence of the Oev eloper or any contractor or subcontractor ar anyone employed by said persons. The public itaDiliLy and property damage insurance shall list the City as adtlitonal Insured and airec Lly protect the City, Its offf cers, agents and employees, as well as the Developer, his con[racto ri and his subcp ntractors, antl all insurance policies Issued h<r eunder shall so slate. The minimum amounts Of such insurance shall be as foitaws: A. Contractor's liability insurance providing bads ly tnJury or death liability limt [s of not less tha • 1700,000 fOr each person and 51,000,000 for each ac tide nt or occurrence, and property damage liebil- ity limiLS of not tens than 3100,000 for each acci- dent pr Deco rrence etch an aggregate limit o1 3250,000 /or claims which may art se from the opera- tions of the Oevel oper en [he performance pf the work herein provided. B. Automobile ItaDil sty Insurance covering all uehf clef used in the performance o/ this agreem enL providing bodily tnJury liability limi(s of not less than f200, 000 far each person and 5300,000 /or each accident or occurrence, ana Drpperty damage Liability 1lmi is of not less than 550,000 far each accident ar occurrence, with an aggregate of not less than 5100,000 ehi Ch may arise tram the opera- tions of Lhe Developer or h(s Contractor in performing the work provided far herein. 18. That Def ore Lhe <aecutlon of Lhis a9reemen t, the Developer shall file etch ehe Clty a certificate or cert if scat es a/ insurance cpver ing the specified insurance. Each such certi/ic ate shall Dear an en do raemenL precluding the cancel lotions, or reduction 1n coverage of any policy evidences by such certificate, belore the expiratipn of thirty (30) days after the Li[y shalt have received npt i/tc anon by registered mail /r om the insurance carrier, As evlde nee o1 understantl my the provisions contained herein, and of intent to camplY Mith same, the Subdivider has su bmltted the following descr7bed improvement security, and has altf xed hts signature h¢re[o: -4 YS iA ITNFUL PERFOp HANCE Type: Bond Drincipai Amount: 5205.000,DO Name and aetlress a/ surety: MATERIAL ANO LABOR PATHEX7 Type; Band principal amount: 5102,500.00 Name and address of surety: CA SN DEPOSIT MONUMEN TpTIOX Type: Prf ncipal Amount: b 3,IBO.tlO Name and address of surety: MASXTENANCE BU AR ANTEE Type: Prin coal Amount; S 20,500.00 Name and address of surety; TO BE POSTED Pfl IOR TO ACCEPTANCE BT THE CITT IN HIiNESS NER EDF, the parties hereto have caused these presen es to be duly executed and acknawiedged with ali formalities required by law on the dates set /o rth apposite their signd tore s. ~J l/ • Date Jan, 21, 1985 by ~ f// ~~?.c/~ ,Gave leper i 3,gnatur¢ kirk G. Hard. President. HDC CORP. 11`' Uate Jan. 27, 1985 py W ~. ,0evetap er igna re Hynne 5. Going, Jr., Presiaenq N. 5. Going, Inc. Ante ,/1~~ Accepted: (~,,!(f City of Rancho Cucamonga, bigna tort California Garret D. Anders any Pres identy Da rr~i 0, A Municipal Corporation Anderson 8 Associates, inc. By: Hayor quest: ty ¢rk Approved: .* ,' OEYELOPER'S SIGNATURE MUST AE XOTARIZEO -5- • ya on. . CITY Oi RANCHO CUCAMONGA EIIGINEERIN6 DI YI SfOry • flICROACNNENT PFAIIIT FEE S[NEOIAE Far Improvement: Tz.act 14]40 Oate: ~ompuce y; lilt Re <rencr. it ac; ~o. City Oran ng o. ?9 3 ]9 Onals ryp(E: Goes mt incluh current fee for eriting penlt a paramt deposits _QVPYT ITY UNIT ITEM pR'[E AMOUNT 1,842 L.F. P,[.[. curb - 6" C.f. IB" gutter 5.00 9,11D.OC L.F. P.C.C. cur0 - 8" C.F, 24' gutter 6.00 _1:3 L.F. P.(.(, curb only 5.50 idi.OD L.F. A. [. be'm 4,50 i,_v 29 S.F. 4• P.C.C. sidewalk 1. ]5 0,2'6.00 ~l5J $,f, Drive dDprpacN 2.50 15. 59 J.d0 51] S.F, s' D,(.[, cross gutter (inc. curb) 3.40 -?-S ebb C.Y. Street eu oration 1,50 C.Y. Imported emDankmint 1.50 1~ 5]d S.F. Prep araH On at subgr ede 0.15 >' ~3?-JB 1~57d]d S.F. CrvsAeJ agq, bate (per inch thick) 0.01 xi „-'-i'.~SO TON A.C. (over 1100 cons) 27.00 TON A.C. (900 t0 1700 tans) 15.00 TON A,C. (500 to 900 tons) 45.00 TON A.C. (under 500 Spot) 60.00 l -r. 5]a S.F. A.C. (7^ [Nick) 0.55 PJ-o o""a .67 f.f. PatcN A.C. (trench) 1.75 S.F. l^ to ick A.C. Overlay 0.10 EA. Adjust weer menbo t^ to grade 2;0,00 EA. Adjust se+er clean out t0 grade 150.00 EA. Adjust water valves to grade ]S.CO 3 EA, Street lights 1000.00 -~4 l.F, Barn caOes (intersec, f500 minl 1.00 . L.F, 2 a 4^ red.ood header 1.15 S.i. Removal a/ A.C. pavemont 0.15 L.G. Remcval p/ P.C.C. curd ], l0 L.F. Removal of A.C. Derm i.00 2 ER. Str e<t signs 2;0,00 ~d0-'d6 EA. Reflectors and posts 15,00 L.F. Concrete Dlock wall 25.W J 300 f.F. Ret of ni ng .011 20.00 44 „f,n.00 TON Agg re9ate Dase 1.00 C.Y. concrete structures x25.00 400 L.F. l8^ RCP 12000 D) 29.00 11.91i.np 391 L.F. 24• RCO 11500 0) ]5.00 10.355.00 L.F. ]6" qCP (2000 D) 49.00 LF, 48" ACO (1200 D) ]fi,00 i EA. Catch battn M • 1' 2000.00 4.000.00 EA, [atcN basin N ]• 2900.00 :.700.00 1 EA. Cat cb basin R • 14' 4500.00 4. io0.00 ~ Eq. local eeoressian 4• 500.00 1.000.00 - EA. Lacat depresslOn l2' 1000.00 ~ EA. Junctl0n Structure 5000.00 15.000.00 1 EA. Outlet itru<t ure, Std 0506 1500,00 1,500.00 Eq. Outlet structure, Std 1507 500.00 EA. Guard posts 40.00 L.F. Guard panel (wood) 25.00 L.i. Sarcut 2.00 EA. Neadwell (48" dnq) 4000,00 L.F. 0.edeopd Header 1,75 S.'r. LandseeDln9 6 Irrlgat loo 2,75 __ L.F, Rotl curb (P.C.C.) 7,50 ENGINFF0.ING INSPE[TION FEE 58825.00 SUB TOTAL 118.171.50 •RE f70RAT lON/OFLINEATiON CASH :1000.00 [ONT INGENCY COSTS pe_7e0.0o OEPOS fl (pfFUNDABLF) fAITNfUI PERFOAMAryCE BONG (1004) ~pypy70~p0 NONUMENTA7ION SURETY (CASN) 3]150.00 LRBOR AMD MATERIAL BOND (301) 1°a •5o Mprsuant to Ctt1 M Ranch CucaRmpa MunlclDal Cade, Elt le 1, CRapter 1.01, aOoDtlnl Stq IernardlM County [pee Tlt tee, [Hoorah 1-S, a tarn nttoratlon/eelineatlan eapmlt atoll 4 each prior to 1is4taaxe of an En9lneerlnl Camstructton lenalt. ReYl tee ]/Bt °% ~ STATE OF CALIFORNIA I ss. COUNTY OF ORANGE 1 On this oU"-' day of 19 P', before me, the undersigned, Notary Public ~ ~ mar the fuVnty a range, personally appea rcd ~'t~ Personally knwn [p me ar'Pnave4 to-ne-ee-the-basis-eY-satis(a<ipy-esitlerlces to De the PresiEent of NpC Corpora- tion, a CaH lornia corpora Lion, and acknowledged to me that the corporation executed the within instrument a; a gene rat partner of DEER [REEK pAR4iER5, a general partnership, and acknwledged to me that the partnership executed it. NITNESS my hand and pf (l cial seal. OFFICIAL SEAL S JEAN VAN eFPGFN ///~~/ /~ MOIy, NM.Ip-~aLIfJA NIA j ~ phMi( telbin M' T• / S gna:u re l (Seal) STATE OF rALIFORNIA ) CWNTY OF ORANGE ) ss. • On this d/!I day ai 19 ~, DefP re me, the wderityned, Notary P 11c i and7ar i:.lie aunt o range, pars onat ly appea red ~.•.. 3 .~'it.6. personally known to me u_pr te-eF~n-ehe-basaa-eF-sa<se aktgiy-ewdences to be the President of N. S. GOING, INC. a California corporation, and acknwledged to me Chat [he corporation axeapted the within instrunont as a gene rat partner of PEER CREEK PARTNERS, a general partnership, and acknowledged to me that the partnership axe cucetl 1t. MIiN ESS my hand and official seal. OFFICIAL SEwL 4 • 1EAN VAN bEK,FN P //'' eOIYr NIK-4LwJIFaM ' ~ ,/ ~~~ eILLaI NIIIIN ~% Si gnatvre ~ (Seat) 1.; STATE OF [ALiFORNIA ) ss COUNTY OF ORANGE ) On this d/i da a/ 19 dl ,before me, the undersl ned, Y ~ 9 Notary PppOli< in ennTf~or the my o range, personally appea rcd ,rLa~.^- d C ~--J De rsonal ly knwn to me or t>rtNea 'o-Ile-pn-the-basirof•setts ttlTorTendence; to De [he Prcstoeni of OAAAEL 0. ANOER50.Y ANO ASSOCI RTES, INC., a [al lfornia corporation, and acknwledged to ale that the corporation executed the within instrument as a general partner of OE ER WEEK PA0.TNEAS, a general panne rsM p, and acknwledged to me Lhat the partners Rip executed 1t. NITNESS my hand and official sees. r `/^~' Signature N OFFICIAL aF AL 1EAN vAN eFaeEN V O RI IVNK ~ Gt1,0e XIA I, OAMfa CMIM1 t~ .NN wa >o.1>v i (seal) • Bo rd vo: 9099405 ?remium:5 ),690 .OC • FAITHFUL PEgF6R MANCE N6 NO NNEREAS, the City Council of the City of Ran chO Cucamonga, State of Calfforni a, and Geer Creek Partners (h ere in of ter designat etl ai "pn ncipa ave entered in[0 in agreement whereby principal agrees to install and complete certain desi gna[ed public imprpvem enti, whim said agreement, tlated January 2l, 19B 5 , and idenTif ied as project Tract No 72]40 is hereby referred to and node a part here0f;an0, NNEREAE, said principal is repaired under the terns of said agreement to furnish a bond far the faitnf ul performance of said agreement. NON, THEREFORE, we the principal and as surety, are held and firmly bound unto t e ~_iiy 0 Rancho A9Y Cucamonga (hereinafter called ^Cf ty^), in the penal sum o£ Two HvnO red Five Thousand and No/100 Op'1-l yes 05.000.00 aw u money o, [he Unitetl ales, or [he payment of wntch sum well and truly tp be made, we bind ourselves, our hells, fUCCe55pf 5, exef ut nrs dnd ddm 1n15 trdtOrs, fOf ntly dOd severally, firmly by these presents. The tend ition pf this abl igatton is such [hat if the above bounded prtnc ioal, hts or its heirs, exx utors, administrators, successors or assigns, shah in all things stand to and abide by, and well and truly kee0 and per brm the covenants, conditions an provisions in [he said agr eemert and any alteration thereof made as therein provided, on his ar their part, to be kept and performed at the time and in the manner therein specified, and in all respects according [o [he ~r true intent and meaning, and shall Ind emntfy and save harmless Ctty, its office rs, agents and employees, as therein stipulated, then [his obligatipn shall become null and void; otherwise, it shall be and remain in Tull force and effect. As a part 0/ the obligation tec ured hereby antl in a0diti0n to th¢ (ace am0u ni specified there/Or, there shall be included costs and reasonable exD enses and fees, including reasonable attorney's fees, incurred py City in successfully enforcing such abll9d[i0n, all to be taxed as casts and included in any judgment rendered, The surety hereby stipulates and agrees that no change, ext ensign of time, alteration Or adaitian tp the terms of the agreement pr tp [he work Co be performed thereunder pr [he specf- /ications accompanying the same shalt in anywise off eci its obligdtions on this bane, and it does hereby waiv¢ nOtiCe Of any such change, edtensl On of time, alteration or adtlt[ton t0 Lhe terms of the agreement Or t0 the w0 rk or to Me SDeci/lca [tons. IN Nf THE SS NHEREOF, this fnstrum ant has been duly executed by l9R g nnctpal and Surety above named, on FEBRUARY ZO , Geer (reek partners ~~ ~~ .~ Caa..,~J Uevelppe~ ° urety A.uv ~. ign tore ttorne y•tn- act David C.Banfer y ~I.~ul, ptLT~16Hr-r b Rn ACN PBMER OF ATT6gNET TB ALL BONBS SI6FATUgES MuSi BE NOTARI ZEB ys • Bond 9v:90994C5 Premium:snc laded LgB00. qX0 Nq TERIgLNEN BONG fle rfvrmar NNERE qS, the Cfiy [pu ncil of the City o/ Rancho Cucamonga, State of Calif pros e, and -_~G2r Cre<~4 P rtne~_ (hereinafter designated az "pn nclpal "'(" nave ente~i nto an eSree moot whereby pr Sots pel agrees to install and complete certain desig noted puhlic improvements, which said agreement, date0 January 27. 198 5 and identified ai Dr o3ectTact No.~'177~ is nereby re ~e rred to and made a pdrt hl roe ~ dnT G NNERE a9, under the terms of said a9reemen t, principal is re puir<d beta re entering upon the Derformance o/ the work, Io if `e a good and sufficient payment ^ond with tht City of Rancho Cucamonga to secure the Claims to which reference is made in Titl< IS (commencing with Section 3082) o/ Part 4 of Oivisi en 3 vt [he Civil Code of the State ai Cali/ornia, NON, TNEREf00.E, said prancip al and the underTf good as a corporate surety, are htld /firmly bound unto the City pf Rancho Cucamonga anE all contractors, su bcontra<tors, laaortrT, materialmen and other p!rTpns employed in the performance of the of or [said agreement and referred Io in the aforesaid [ode of Civi 1 Procedure in the sum of One Nund rtd Teo Thousand Five Mund red O ollars (5102 500.00), far matena s vrntsnetl or abor thereon of any kind, or oar amounts due under the Unemployment Insurance qct with respect Io such cork ar labor, that said surety will pay the same in an amount not exceeding the amount hereinab ove set forth, and ai so in case suit is brought upon tMS bond will Day in odds tian to the face amount there ot, costs and reasonable expenses and tees, including reasonable attorney's fees, incurred by City in successfully enforcing Such obligation, to be awarded and /fixed by the court, and fd be taxed as casts and to be fncl uded in the judgm Mt therein rendered. It is he reay expressly stipulated and agreed that tMS bone shall inure to the bens/it of any and alt persons, companies an0 corporations entitled tp file rla+ms under title 1$ (commencing with Section 7002) of Part 4 of Oivisan 3 of the Civil Code, so as Lo give d right of a<tfon to [hem ar their aTSigns in any soil brought upon [hfs bond. Sh ou id the condt lion of thtz bond be /ally Derf ormed, then t hi$ obligation shall became null and vpiA, dMerwisp it shall be and remain in full force and eitect. The surety hereby stipulates and agrees snot no change, extension oP time, al teratf on or addition to the terms o/ sa10 a9r Bement or the spacil Stations e<comp anying [he Same shall 1n any manner affect it: obllgat ions on [his bone, and It does here- ,- _ - I by valve notice of any sucA change, estens idn, slterat tan or l aadi [ion. IN NITN E55 NNEREOf, this instrument has been duly executed by the prior lp al and surety above named, do 4Gp ilCl Ay ip ~ 190 0 ~~~~O//11e~~er Gree~kl/pea r/t/ners~ n e lY-[-...i~ L I ~-/' ~ CW~.~>( DEVELOPERS INEURANCE COMCpVY r -{~e,JVe Doer ~j uretY y '~~ N ~ ~(/A.~ /a~f g afore [COrne y-In- ac r ~((„~~~ ~ pPE111~n Oav id C.aan Eer ~JJ~Y1J ( gTTgCN POMEp Oi giTORNET TO NLL BOXOS SIBNBTURES MUST BE NOigpl2E0 ~j O r CITY OF RANCHO CUCAMONGA IMPROYEMEXT AGREEMENT FOR TRACT N0. 12]61 N NON ALL MEN RY THESE PgESENiS: That Chis agreement is made and entered into, in conformance with the Orpvisi ons of Ih< Subdivision Map Act o/ the State of Laliforn ia, and of [he applicable Ordinances of the City of Rancho Cucamonga, California, a municipal carp ora lion, Oy and between saitl City, herein alter referred to as the City and DEER CREEK PARTNERS, a [a lifornia General Pa rtner shi hereina ter referred [o as [ e eve oDer. NITNESSETX: THAT, NNEREAS, said Developer desires to develop certain real Drpperty in sdid City as shown on the conditign ally approved su bdivisipn known as Tract No. 12741 and NNEREAS, said City has esta bt isnea certain requirements tq De mat by said Developer ei prerequisite to approval of said subdivision generally lpc aced at E/0 [enter N/0 Arrow Xignwar • NON, THEREFORE, 1L is hereby agreed by said City and by sold Developer as follows: 1. the Developer here Dy agrees to construct dt Developer's eavense all improvements described pn Page 6 here- of wiLMn twelve months from the eft e<tive date her lof. • 2. Th1s agreement shall be effective on the date pf the resolution pt the Council o/ said Cl ty approving this agreement, This agreement shall be in de/ault on the day follow- ing the IirSt anniversary dale of ;aid approval unless an emten- zian of time has been granted by said City as hereinafter provid- ed. 3. The Develpper may request an eaten lion of time to Complete the terms hereof. Such request snail be su Dmi [t <d to the City in rrl ring not ie ss than 30 days before the eapir atlon Date hereof, and sn all contain a statement o1 circumstances necessitating the eat ens ion of t5me. Tne City shall nave [he right to review the provisions of CMS agreement, including the construction atanddr ds, cast estimate, and improvement security, end tp require aed ustmen is therein if any su bstanttal change has occurred during the term here ol, 1, Ii the Developer fails ar neglects to comply with the Dravis tans of tots agreement, the City 5h all nave [he right at any time to cause said proof ;!ons to be met by any lawful means, and thereupon recover /ram the Oave toper and/or Ms surety the full cast and eaten ;e loco rr ed. 5. Tne Oevelgper shall provide metered water service to each lot of said development in accordance rich [ne regu tat Ions, icnedu lei, and fees of the Lucam on ga County Hater District. 6. The Developer shalt be responsible far re placement, relocation, or removal 0/ any component of any Irrigation water system in conflict with construction of repulred lmpr ovements to the satisf ac lion of the City Engineer and the owner 0/ such water system, _i- • 4 _ Tracts end Comm/Ind. D.M. S ~ 7. Imp rOVements re euiretl to be canstructetl shall [OnlO rm to [he 5ta nd and Dr dwin gi and $Cdnddr0 Specif icati0ns o1 the City, and to [ne Improvement plan approved by and on 1118 in the alH Ce o1 [he City Engineer. ba id improvements are tabutate0 On [he Construction and BDntl Estfma[e, hereby incur parated on page 6 hereof, as taken from the imp r0 vem¢n[ plans listed thereon Dy number. The Developer shall also De responsible for construc- [10p of any tr an sitf ons or other incitlent al work beyond the tract bound cries as needed for safety and proper surface dreinage. Errors or ommisslons discovered during constructin shall be corrected upon the direction of [h< Ci[y Engineer. Revised work due to Said plan mad if icatf ons shall De covered by the provisions Of this agreement and secured by the surety covering the original planned works. 8. [Onstruc tiOn per mils shalt De obtained by the Developer from the Office o1 the City Engineer prior to start of work; all re quiets ons listed thereon snail be observed, wi to ati ent ion given to safety procedures, control o/ dust, noise, or other nuisance to the area, and to proper notification of public ut slit tes and City Departments. failure to comply with thfs setts on shall D¢ su bj ec[ to the penalties provided there/or, 9. The Developer shall De responsible for removal 01 all loose rocks and other debris Irom public rigs is-Of-way within or adjoining said development resulting from work relative to sa itl development. I0. Work done within existing streets shall be 0117gentiy pursued to completion; Che City shall have the r19ht to comDl¢te dny and all work in the event of unjustified delay in • cpmDle lion, and to recover all cost and expense incurred from the Developer and/or his contractor by any lawful means. ll. Said Developer shall at all times /ollOw ing deli<a- tton Of the streets and easements in said subidlvif ion, up to [h! comp letio~ and acceptance of said work or improvement by se id City Council, give goad and atle0ua to warning to the traveling public o1 each and every dangerous condition ealste nt in said street or easement, and will protect the traveling public tram such defective ar dangerous conditions, Until the comb le lion o/ all lmpr ovem en ts, herein incorpor a[ed on Page 6 to be Oerf ormed, each o7 said streets not accepted as improvements shall be under the charge of said Developer. Said Developer may close all or a port ton of anY street subject to the conditions contained in a temporary street closure Dermi[, iss Ued by the City Englnee r, whenever it is necessary to protect the public during the cpnatructtDn of the improvements herein egreed tD be made. 12, Parkway trees re eufretl t0 be pl anted shall De plantetl by the Developer after other improvement ark, grading w and cleanup has been completed, Planting shat l De done as pro vfaed by Ordinance to ac<ortlance with ene planting diagram approved by the City Community Development Director. The Developer Shall he responsfble for maintaf ntng all trees planted 1n goad heal to until the end O/ the guaranteed mai n[e nonce period, or for one year after planting, whichever 1s later. 13. The Developer 1s responsible IDr meeting all condi- tions established by the Clty pursuant to the Subdivision 2 $ ~. ~~ Map Act, City Or diances, and this agree.m ent for the development, and far the maintenance of alt imvrpvemen is constructed thereunder until the improvement is accepted far aain[enance ,by the City, and no imprpvem en[ security provided hereinwith shall be released before such a<ce pion ce unless otherwise provi detl and authorized by the City Council of tee City. 14. This ogre ement shall not terminate unto the maintenance guarantee security hereinafter described has been released by the City, or until a new agrees ent together with the re9vired Improvement se cvrity has been submitted Io the City by a successor IO fAe herein named, and by resolution of the Ci[y Council same has been accepted, antl this agreement and the improvement Security therefor has Eeen released, 15. The improvement security [o be furnished by th¢ Oevelpper with this agreement shalt consist of the following and SA all be in a Porm acceptable by [he Ci [y AC[pr ney: A. To secure faithful performance of thls agreement. 1. A bond pr bpntls by one or more duly authorf zed corporate sureties in [he form and content specified by Government Code Section fi6499.1. 2. An Improvement SecuH [y Instrument in the form and content specified by the City Attorney. 3. A deposit with the Lity of money or negotiable Oonds o/ the kind approved for securing deposits of public monies. B. Tp secure laborers and maters almen: 1. A bond or bonds by one Or more duly authp rixed corporate sureties fn the form and content specified by Government Code Sec[i on 66499.1. 2, An Impravem ent Security ins tr um ect in She farm . and content specslied by the City Attorney. 3. A Oe post[ with Ci[y pf money or negotiable bonds of the kind approved for securing [. A cash de ppsit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the Final Map for the setting of all ba under y, tot corner, and street cen [erline monuments and far furnishing cent erilne tie notes to the L1Cy. TAe amount of the deposit may be any amount certff led by CAe engineer or surveyor as acc eptaole payment in lull; pr, N no Vdlpe 15 SUbmitCed, Clle Cdsh bond Shdll be aS 5AOM0 on the Lans truc.ion and Bond Estimate contained herein, Said cash deposit may be refunded as soon as proce- dure permits alter receipt oy the C7ty o/ the c ent erllne tle notes and written assurance o1 payment in tali from the engineer or surveyor. D. The re AuireO bones and the principal amounts thereof are sec /orth on page 6 of tAis agreement, 16, The Oev el oiler warrants that the improvemen tf described 1n this agreement shall be free from de/ec is in mater sots and warkmansM p. Any and ail portions of the Improve- ments found to be defective within one (1) year following the data on which [he Improvements are accepted by the Lity shall be repaired or replaced by Developer Ir ee o1 all ch ar get to the L sty. The Developer shall furnish a maintenance guarantee security in a sum e9u a1 to ten percent (1Dt) of fAe con sir uctlon -7- • 53 <stimate ar f2D0.00, wh:c Never is greater, [o secure [he faithful performance of Develop er's obl iga[ians of described in this para- graph. The maintenance guarantee security shall also secure [he faithful performance by the Oev e:op er of any obl:9ation o/ the Oeve7pDer [o do sDecif fed work w: :h respect to ary parkway maintenance assessment distric :. once the improvements have Seen dcCep[ed dnd a maintenance gu ar antsy Securl [y hds been acCe pled by the Ci [y, the other im Drovem ent security described in [his ogre emen[ may he released Orovi ded :gat such release is otherwise authors fed by the Eubdivis ion 4ap Acl and any applicable City Ordinance. l7. That tho Deve toner shall tale put and maintain such public liaDil sty and proper [y da~aage insurance as shall proCecT him and any cpn[rac[pr or subcpntr actor performing wprk <pvered by to is agreem sot from claims far property damages which may arise because pf the nature of the wprk or from operations under [his agreement, whether such operations be by himself or Sy any contractor or subcontractor, or anypne directly or indirectly employed by said persons, even thou gD such damages be not caused by the negligence of [he Oevel oper or any cpnL ac [pr or SuDCOn [rac[pr pr anyone employed by said persons. The public liab:li ty and property damage insurance shall list [he Ci[y as additonal insured and directly protect the Ci[y, its officers, agents and employees, az well as [he 0evelpge^. his contractors and his suDCOntr acto rs, and all insurance policies issued hereunder shall so State. The minimum amounts of such insurance shall be as Pollows: A. Contractor's liahi lily insurance providing bodily injury or death Lability limits of npt less tba • 5300,000 far each oerspn and 51,000,000 Por each accident or pccurrerc e, and prpper ty damage liabil- ity limf is of npt less than 5100,000 for each acci- dent or o<curren ce with an aqg rega to limit of 5250,000 for claims which may arise from the opera- tions of the Oeve~oper in the performance pf [he work her e+n provided. B. Automobile liability insurance cpvering all vehicl¢s used in the pert ormance of [his agreement y 1 l l s r i 1 p r 700,000 /pr d 5 e ach perspn a n f or than S200 , 000 less each accident or occurrence, and property damage IiaDflity limits of not less than Ef0, G00 /or each accident or pcc urrence, with an aggregate of not less than 5100,000 which may arise /rpm the opera- tions o/ the Deve layer or his Contractor in performing the work provided for herein. 1B. That be/are [he eeecuti on of this agreement, the Deveipper shall fife with the City a certificate or cert iiicates of fnsu ranee covering the spec i(fed insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any Dpl icy evidences by such certf ltcate, De/ore the eapir anon of thirty (30) days after fhe Ci[y shall have received notification by registered mdll ffOm LiIE lnfllr do Ce [dflier. As evide nee of understanding the provi signs contained herein, and 01 intent [p comply with fame, the Euhdf vi der has submitted the follpwing described improvement security, and has afticed h15 signature hereto: -4- ~ sy FgITHF UL PERFORMANCE Type: Bond Principal Rmpunt: 1102,000.00 Name and address of surety: MATERIAL ANO LABOR PAYMENT TyO e: apntl vrincipal Amount: f 53,500.00 Name and address at surety: GASH OE POSIT MOXUNEMTATIOX TYp e: Principal Amount: f 2.700.00 Name and address of surety: MAINTENANCE GUARANTEE Type: Principal Amount: f 10,100.00 Name and address of surety: TO BE POSTED PRIOR TO AC[EP TANCE BT THE CITY IN NITNESS NEft EOF, the parties hereto have caused [here pre senfs to be duly executed and acknowledged with a17 formalities reGuired by law on th¢ dates sec form opposite their signatures. 'j/i . pate Jan. 21, 1985 by ~ / /0 ~~~~{rte ,peveloper i9na cure Date Jan. 21, 1985 by Accepted: City of Rancho Cuc amonyo, O alf /prnia A Municipal Oprp orattan Darrel 0. Anderson President Oarrcl 0. eersan sspclates, nc. RY: , MaYar pct est: ~~i cry erk APpr oved: /~;j ~/~ ~~ // DEVELOPER'S SIGNATURE MUST BE NOTARIZED -5- • SS En yESt CITY Oi RAIKNO COCANONDA FISGINEERIN6 OIY IS ION • ENCROACNIENT PEMIT FEE SCNEPA.E For ImmroreiNnC' --s . Dale: Dmpuu y; file 0.e erence: - a rc 'm. Ciey Drawing o. ~ ~.v7 22 l:n its NOTE; DOes not 1nC lode Curren[ lee for Kiting per~lt ar parson[ depdslti OVA M7ITY UNIT ITEM PAIGE 0.v0UN7 _ lyy_^ L.G. D, C.C. curb - 6" C.F. 18"gutter S,CO >,^.0C.00 L.F. P.C.C. taro N• C,f. 2/^ gutter fi.W ___ L.F. P, C. [, curb only 5.50 L.F. A.C. Seim 1,50 _-:3 $, F. d• P,C,C, stdevalk 1, )5 _~q5 $. F. On ve approach 2.50 5-9~ ~- ,JT S. i. 8^ P.C,[, <ra[f gutter (i nC, Guth) 7A0 ,'E~^~1}- [,Y. Street euavatl on 1.50 C.Y. Imported empankmnnt 1.50 2_ 3y;313 ,;31 S.f. Prepara[i an Of suhyratle O,1S q 1>p.00 23~.J1 S. F. Cru sSed agg. Ease (per IntN tnlck) 0.03:(4 3 ~;3, ~~ TON A.C. (over 1300 cons) 21,W TON R,C. 1900 to 1700 tans) 35,00 TON A.C. (500 to 900 tans) 45.00 TON A.C. (under 500 tons) 60.00 l3 ~3n $.F. A,Q (J" [NicN) O,SS 21.196 JC S. F. Petcn p. C. ([lento) 1.15 S.f, 1" Ln itk p. [, overlay 0,)0 EA, Adjust sever manhole to grade 250.00 __ EA, Ad)us[ sever clean riot to grade 150.00 EA, AdJ USt eater salves ro grade 15.00 . 3 EA. L.i, Street Ilgn is Barn caries (int ersec. 5500 min) 1000.00 ; W a. ;Cn.nO L.F, 2 . d^ redvodd Needer , 1,15 S.F. Removal pf A. [. pave^ent 0.35 L.f, Acm;val a1 P,L.C. curs 1,30 L.f, 0.emoval ai A.C. hern L00 3 EA. Street signs 200.00 goO.Ja __ EA, AeYlec to rs ana pasts )S,DO L.F, Concrete Elpck wall 25.00 Iii20 $.F. Aeta wing vall 20.00 2D,gD0.OD __ TON Aggrega to Ease I, 00 C.r, Concrete structures /15.00 -D L.f. lq' ACD (2000 D) 29.00 1. _6T,oi1 __ L.F, 2d^ ACP (1500 DI )5.00 __ L. i. 36" RCP (2000 0) /9,Op l.F, 08' ACP (1200 D) Ifi,00 l EA, Catch basin M 1' 200p,W app _~ EA. [a tcn basin N B' 2900.00 ~- EA. CetcR basin N 22' 1500.00 EA, Local aepressfon <' S00,op ~-5~; 7~ i EA. iota[ tlepressl on l2' 1000.00 __, EA, Ounctlpn strut cure 5000.00 5.000.00 ~_ EA. Outlet structure, Std 1506 1500,00 ~_ EA. Outlet structure, Std 1507 500,Op _~ EA. Guard posts 40,00 ~_ LF, Guard panel (wotl) 25,00 _~ L.F, Sewcut 2.00 _~ EA. Needwall IIN" wi ny) IOOp~Op __ L.F. Redvdpd ne ader 1,75 ~_, S.F, Untlicaping 6 Irr lgaN On 2,75 ~_ l,F, poll Guth (P.C.C.) T, Sp FNGINEEP ING INSPECTION ifE <a9as 00 5110 T07µ 92,790,01 •A ESTORA710N/DFL (NEAT ION CASN 31000.00 CONTIXGENCr COSTS ti sly On DEPOSIT (gEFUNOABL E) FAITNfUL PEAiORNANCE 80X0 (100X) tn1 non On XOXUXENTq ION SURETY (CASN) 52300.00 LAOpI ANO lUTEpIµ AONO (SOS) co cpn nn •NrsssaM tp C1tY M NancNO CtN:~mga MN1lclya3 CNM, ilt is I, CNayter 1.01, ads~tlnY Sw lernarolro Cpunq coo Tltlp, GlDtns 1-S, a cash rlstwltfal(aNltneatleN Ogestt shit M .Iris nets to IsswneN pl an E[y[neerinX EXNStavctlon hntt^ o•„,.,a vmr 5 va 1 STATE OF CALIFORNIA is. EOUNTY OF ORANGE ) he unders l9^ed, before n:e. t d+ r'day of On this .,T Jan9 ° r , 19 e, DersonallY aDDea red ~~ t° pe a"'Dr^`Yo- Notary Public in an~or the O~NMY pe rs anal lY knwn President of NOC Corpore- KSrk G. Ndrd +Li sfeeLMY'eWdleph -ea-ike-aasss-ea•s and a<kn wle to be the ed LO R! t11at the c°rP °ra ti on dg ER GREEK PAR LR-ew ti pn, a Gali tornia carp ora ti on, nstrumin[ as a general partner pi DE rtnership execu tea it. t the pa executed the witninP' artnerzhi and ackn wle dyed to m< general p tha OFFICIAL SEAL N NITNE55 my hand and pTfi cl al seal. lEA NVAN af11Gf~ eu wpru. K,:.aui ~ l ~~/ ~ . ISe all / ~ Sign at°rc l STATE OF TAEIFORNIP ) ss. OpONTY OF ORPNGE 1 the undersl9^ed. 19 7S .before me. • da at range. Person ellY appeared On thti d~ Y ~ personally known t° ne au'-ate Nota7 Public to and7pr th° C ntY ° 11 nn! 9. Oin td<a«. to be the tnati the Corpnr+q ^OING. two-les+s-N-saris a!<eand acknw lodged to ne te-we•en- oration, eneral partner of DEER CREEK PARTNEP9. + INC.. a Gali/ornia core lxe cured it. • and acknwled9ed cp me that the Dartnenhip oecated th! with{n {na trument as a 9 `F FIC'.AL SEAS general panne rih iP, ,.+:u.N efRGEN NITNE55 ny band and oftlcial zeal. xc.am c.:.vroama l 1 ovee .pp.n i >~ ~ Iyn afore STATE OF CALIFORNIA) ss, COUNTY OF O0.PNGE 1 Me undersl9ned, 19 dr ,before ne~d On this day °f an e, Personalty aPD Notary Public In an pr the County o 9 personal lY knwn to m! a+- Oarrel 0. And r n ~ ¢: tD be the PresidenC of OAReEdI tO•~ iNC., a Cal iforma cprporati on, and acknwledg to-ne-or the-b esis-pf-snti afn<torT l~+de^. pNOE0.50N ANO PSS001 ATES, that the corp9ra ti on executed the witMn instrument as a general partner a ¢neral partnersM p, and acknwled9ed to me that the partnersM ppexecuted It9 , hand and offici el seal. '; ,, ..,.v:.++~'• NITNE55 my ~~ 519nature ,} ~~_~(Seel )1p w+ • S7 ~~. BOND KD: 9o 99a 1: - Preci um:t1, 926.E • FR[THFOL PER FORNANCE 90NO NH EREAS, the City (ouncit v( [he City of Ran the Cucamonga, State of California, and -Deer Creek Partner Ihereinaf ter designated as "pn ncipel^T'h nve entereo into an agreement whereby principal agrees to install and complete cert atn designated public improvements, wh5ch said agreement, dated January 21. 198 5 and identif ie0 as prof ect Tract No 12141 is nl reby referred tp and meae a part her eof ;and, YHEREAS, said principal It redui red under the terms o/ said agreement to /urnish a bond for the faithlul performance of said agreement. NON, TNER EFOR E, we the principal and PECELDP=PS ,yy, 'RAe~r ovP Rti't as surety, are held and firmly bound unto the i[y a ancho [u<amonge Ihere shatter called "City"), to the penal sum of One Hundred Seven Thousand and No/100 OpT 0 0 aw u money a Cae Unite ates, or the payment o/ w :cn sum Weil and truly tp be matl e, we bind ourselves, pur hilts, sU[CeSf Ors, eYe[u[ors and adminl ttf dters, Jolet ly and severally, firmly by these presents. the condition of this abligaf ton 15 such that if the above boon ded Drincipal, nix ar its heirs, executors, administrators, successors or atsigns, shall in all things stand tv and abide by, and well and truly keep and Derform the ca venan ts, cp nditlons and prov itians 1n the said agreem ent and any alteration thereo/ mane • ' as therein provided, on M1IS or their part, to be kept and performed at the time and fn Me canner therein speclH ed, and In all respects according to their [rue Intent and meaning, and shall Indemnify and save harm Less City, its off leers, agents end em0loyee :, as therein stipulated, then this obligation shall become null and void; otherwise, it shall De and remain in full /orce ana effect. Ai a Dart of the obif gallon secured hereby and in addition to the (ace amount specified therefor, there shall be included costs and reasonable expenses and fees, (nc Coding reasonable attorney's Ices, Incurred Dy City in su<ce ssfully en/o rcing sucn obllga Lion, all to be [axed as costs and included in any Judgment rendered. The surety hereby stipulates and egrees that na change, extension of time, al ter atipn or addition to the terms of the agreement pr to the nark to De periprm ed thereunder or the speH- /ications a<c omDenyl ng the same shall In anywl se alf ect Its obilgaLf ohs an this bond, end i[ does here Dy waive notice of any such change, exeenslon of H me, alteration Or addition to the t arms e( the agreement or t0 the work ar to the sp eci/it dtl0ni, f IN NIiNE Si NNER EO F, this instrument has been duly executed by the prl nc lpal and Surety above named, On FENRGARY 20 I9R~,, ,f/' Oe/Jer reek Partners ~/%~ IV,G-~ A ~~/^~ ~ Vti/..I~~ DEVELOPERS IV SVRAtiCE COMPANY eve oPer urety ,~, lQ/y,~ , rF /Cv.G.v"f d ~ -[S yn^~ure ttorney- n• act • y ~I I11,,,,, ^ ~.., I' ~~~10C~7 David C.Ban Eer Ws~ava P/LgEAM'Ar+fd, ATTACH PONER OF ATTO0.NET TO ALL NONOS SIGNATU0.ES NUST RE NOTARIZED ~, ~ ~ e~.a.. ~•-]099415 Ptemium:included it pe rfo xnance • 1A800. ANO NATE0.IAL MEN BONO NHE0.EAS, the City Council o/ the City of AanchO Cucamonga, State o/ Cal ita rnia, and Deer Creek Partners (herN natter designated as "On nctpa nave entere loco an agreement where0y principal agrees to install and Complete certain designated public improvements, which Said agreement, dated danuar 21, l98 5 and identified as vro act ract o, is nereey re9'e~red to antl mane a Dart hero anT 0 ~~------ NHEREAS, under the terms o1 said agreement, principal is required bef are entering upon the performance of the work, to file a goad and sutffcient payment bontl with She City of 0.ancha Cucamonga to recur! the claims to which reference is maQe In Title 15 ~comm encing with Section 7002) Of Part a of Division 3 01 the Cfvil Code of the State of California. NON, THEREFORE, said principai and the undersigned as a CO rpor ate surety, are held firmly bound onto the City of Rancho [uc amonga and all contractors, zubwntractors, laborers, materialmen and Other persons employed in the performance o1 the at Or esdid agreement and rN erred t0 In Me of Oresaid Code of Civil Procedure in the sum of Fifty-Three Thpusand Five hundred Dollars (553.500.00 ), for matena s urnts ed or abor mere on of any kind, or or amounts due under the Unemployment insurance Ptt with respect to such work Or labor, that sofa surety will pay the same 1n an amount not exceeding the amount hlreina0ove set forth, and also in case suit is brought upon this bond will pay in dddt tion t0 the face amount thereof, casts and re asOnable expenses and Ices, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fi xld by [M1e court, and to be taxed as casts and t0 0e • includetl in the judgment therein rendered. It Is hereby <m pre sily stf pulated and agreed that this bond shall inure to the benefit of any and ell persons, cOmDanies an0 carp or ations entitled fo li le claims under Title 15 (commencing with Section 3082) of Part 4 of Divfson 3 of the Civil Code, so as to give a right Of ac [ion to them or their a55 igns fn any suit brought upon tMS band. Should the Condition Of this bond be fully performed, Shen this ohlig atlan shalt become null and void, Otherwise it shall b! and remain in Tull force and effect. The surety hereby it lpulates and agrees that no change, eat ensiDn o/ time, alter atiDn or addition to the terms Of saitl agreement or the specifications accompan yf ng the same shall in any manner a/t ec[ Its obligations on this bond, and it does here. by waive notice of any such change, extension, alter anon or addition. IN NITNESS XHE0.E OF, this instrument has been duly executed 6y She principal and surety above named, on «^e ., ~,. , , 198x_, Geer Creek Pa r/t~~ne rsp ./~ , ~j~/(~,~}~-~ J W..r,~ DEVELOPEPS IN iCMNCF, COMPANY Developer urety -TSIg atu re _j ttorney• n- ac I1 "''~~ David C. Ra nfet ~ U,1U}'+Ml.lla+y ) PRtniaEar PLE SE ATTACH PONE0. Of ATTORNEY TO ALL BONDS SIDNATURES MUST BE N01ARI2E0 S 7 RESOLUTION N0. f93~9fr~4R 2= S ` • R RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NOS. 12525, 12739, 12740 AND 12741 WHEREAS, the Tentative Map of Tract No. 12525, consisting of 122 lots, submitted by Deer Creek Partners, Subdivider, located on the west side of Center Avenue between Arrow Hwy. and 26th Street has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering far dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is • approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSE O, APPROVED, and ADOPTED this 6th day of March, 1985. AYES: NOES: ABSENT: on D. Mikels, Mayor ATTEST; • Bever y A. Authelet, City lerk jaa 60 RESOLUTION N0. f93~96=95R ~ ~" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, SUMMARILY ORDERING THE VACATION OF A PORTION OF CENTER AVENUE IN CONNECTION WITH TRACT N0. 12525 WHEREAS, by Chapter 4, Rrticle 1, Section 5330, of the Streets and Highway Code, the City Council of the City of Rancho Cuc amonga is authorized to summarily vacate a portion of the Citv Street hereinafter more particularly describetl; and WHEREAS, the City Council found all the evidence submitted that a portion of Center Avenue is unnecessary for present or orosoect ive public street purposes because it has been superceded by relocation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the Citv of Rancho Cucamonga as follows: J SECTION 1: That the City Council of the City of Rancho Cucamonga hereby ma es its order vacating that portion of street on Map V-041 on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further destri bed in a legal description which is attached hereto, marked Exhibit "A", and by reference made a part thereof. SECTION 2; That from and after the date the resolution is recorded, • said portion o7~-tenter Avenue no longer constitutes a street or public util itv easement. SECTION 3: That the City Clerk shalt cause a certified cony of this resolution t- o~ie~ recorded in the office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and gDOPTED this 6th day of March, 1985. AYES: NOES: ABSENT: on ,Mike s, Mayor ATTEST: every u e e y er Jaa C~ G/ • EXHIBIT "R" That portion of Center Avenue (80 feet wide) in the City of Rancho Cucamonga, County of San Bernardino, State of California as shown on map of Tract No. 2248 filed in Book 34, Page 63 of Maps in the office of the Recorder of said County within the following described boundaries: Commencing at the Northeast corner of said Lot 1, thence South 0'14'28" East 26.91 feet along the Easterly boundary of said Lot 1 to the true point of beginning, said point also being on a non-tangent curve concave to the Southwest having a radius of 24.00 feet, a radial of said curve to said point bears North 44°51'30" east, said curve being tangent at the Westerly extremity to a line parallel with and 20.00 feet Southerly, measured at right angles from the Northerly line of said Lotl. Thence continuing along the Easterly line of said Lot I South 00° 14'28" East 1313.81 feet to a point on a non- tangent curve concave to the Northwest having a radius of 15.00 feet. A radial of said curve to said point bears South 32°28'19" East, said curve being tangent at the Westerly extremity to the Southerly line of said Lot 1, thence Northeasterly along said curve through a central angel of 57°46'09" a distance of 15.12 feet to aline parallel with and 7.00 feet Easterly measured at right angles from said Easterly boundary; thence tangent to said curve North 00°14'28" Nest 1284.18 feet along said parallel line to the point of tangency of the first described curve, thence Northwesterly along said curve through a central angle of 44°54'02" a distance of 18.81 feet to the true point of beginning. • u Li F (FCFrd~;~v 24TH sr.) R .i-- Y---ARF9V'H------~ 8- A F ','r, Li nv i -~ ~7 I PROPOSED TRACT NO 12525 i i ~`-. ~ ~.. fl ~I ~I 1»+.. - w i a ~I / / .~ 9 1 .o ~ ~ ~ N ~. n' 0 FROP(SEC TRACT 40 12739 ~ ~ ri.e .+p' / a I ~ / z ii ,..,.r *e V .`~iwi..-` ~ ~.., Ma fee OEUi~e Dl?~~y._ -t- 3-26Ti+ - - - .y~ .a n fo' ~ecevo omeA oEU. ufn+P vuuf M-HO3' !N' 11m CIWIY rgafeo wuiny f frira• fu' ifm Ft4 /Ie a MOIOIIe f4~fW1 4Lf fU~MAn[ENIEP VI ,Pym y, M ry "Nq~. wnepwnu wrm PROPOSED VACATION OFA OfIE .n,i.. 1/ffW6~Mb 9Gf.[ nfo' PORTION OF CENTER AVE. ~~~~ c.f V-011 EXMIB IT "B' ~~~.1rff~ITf 184`L^..3' SMET ~ O ~. `^ f `° 3 DATE: March fi, i985 CITY OF RANCHO CUCASIONGA 5TAFF REPORT T0: City Council and City Manager FROM: Lloyd B, Nubbs, City Engineer SUB,]ECT: Release of Bonds and Notice of Como letion LLCn,Nayc t~ 9 >, 5 ~~ 19-7 ~ tract 9589 - located on Red Hill Country Club Drive, West of Carnelian DEVELOPER; The Deer Creek Company P, 0. Box 488 Rancho Cucamonga, CA 91701 Accept: Maintenance Guarantee Bond 52,600.00 Release: Faithful Performance Bond 526,000,00 The road improvements for Tract No. 9599 have been completed in accordance with approved plans. It is recommended that f,;tv Councii accept said improvements, accent the Maintenance Bond (52,600.001, authorize the City Engineer to file a Notice Of Completion, and authorize the City Clerk to Release the Faithful Performance BonA in the amount of b26,000.00 R ~pectfully sub fitted, i LBN:hc GY Ma int BDna '~~ aaep no. )J D. r,s FAE4i LY NIL N4INTENAN[E GUAP,ANTEE BOnO NHER EA S, the Ci [y Council of the Ct Ly pf Aancno Luc amonga, St a [¢ of ~d11fDT ld, dnd SME pEE0. CREE( CJ9oTS'i (hPrB lndf lPr d=sign at ed as "Pr inc lDa ^; nave ente re mto an ag reemen[ whereby principal agrees to install and complete certain design at etl pub iic imp rpvelaent s, which said agreement, tla Led Aprit 9 19.i+ and Id¢n[if ietl as project - r ?5 e9 oca~- ii he re by ire [erre to an made apart eren of; anU -- MHEREAS, said print ipa! is required under Lhe terms of zatd agreement tp turn lsn a donC for the fa rthPot per/orm ante of sa ld as reemen[, Section l6, qua^a n[^einq Lll Imprpv¢men [, free of ail defects for a p¢r and of 1!) one year after ace eDt ante of :ace ?Sd9 by the Cily. NOM, TN ER EF ER E, nP [he Dr lnCtp dl dnd JEVELOO ERS S)EL'P.LVCE IOYPAN}' as Bur ty, are ne la and flrmty hnu na onto--F,~nt~yj~~i an cno au~d ~, he r¢'naf L¢r cal ie0 "LILY"), to Lne penal sum o/ coo o-,ous and z x hand red and n Dollars ;S:~ypO.:}'J lawful money 01 the 'Jm ted St atP~~IP JaymPnt Ot wTc zUm volt Lnd [ru ly tp pC mddo, w¢ hlnd OUft Pl eeS, Dui nPt rt, SUC CPSSnrt, e zeta b rs and administrators, jointly and severally, firm iy by [here presents. 'he condition of this pb!Ig at ton it such that if [he abov_ 6pnded Or Inc IpLI, n15 Or its h¢Irz, ¢[BC'J LCr S, ddmlT Stf dtOfz, to CCPSZ'!ft or dtsl9nt. Sh dll in dll Lh in qt stand [~ dnd 3S Id? 'J y, dnd N¢I dnd Lru ly kePD dntl p¢ff Jrm . the covenants, condiL ions and pravls wns fn th¢ said agreement and any dl t C'dli0n Lhe rC^.( mddC ds Lh¢r¢,n Sp P'.:If iyd, dpd T all fPSDPt tS dcCOrEina t0 the rr true intent and me an to q, and shall intlemn lfy and save harmless City, its off ¢erz, apen[z and emp loye_s, dt to ere m st lDUlate d, then this pbligattPn shall become null and vp iU; o[h¢rw ree, iL shall be dntl remain in full /pr ce and et rect. As a part of the pbligat mn se: r¢tl herby and in addition Io the lace SDPC111¢d Lh¢r¢f nr, Ln¢r zndl; le InC1VdPd CoS LS dOd YPd50ndbIP o[p ¢nf fees, inc lvU inq reasonable attorney's /ee s, mcu rred by Li [y in Butte ss y znlorci ng such obligat ton, aP Lo de tae ed ai cos [s and Included m any j ud gnent re nde reU. ihC 5'Jr Ly n¢rCby SLIPUIdLCi lnd dq rcpt Ln dL nU Cnd nqo, ¢x(¢nit On Of Llm¢, al l¢raLl On er aUdt :i¢n Lp the ;¢rms df Ln¢ ag r e¢men t5 onto th¢ work [p be perf armed thereunder or the tp ec lF ¢at wns decamp anyinq the same shall in dnyw lte af!¢CL l5 ObI IgdL :O nt Cn Ln lz bOn d, and It tlOCi h¢fCby wd1VC nOLI CC Of dny t'JCn cn dn9¢, Px!Pnt 10n Or [imp, a1L°r d[tOn Or ddd iL iOn [0 LM1¢ IPfmt 0( Lne agreement or to th¢ work or Lo Lhe spenfica[iOn s. IY MIiNE55 NNEREOF, this instrumen4 has been duly executed by the pri nc tDal an0 surety above named on lanuarv :- l9 05 DEVELOPER ~ AIRETY 211L' PEER fkElR C04PA.YY , a pE'JE LOP ERS INSURANCE COMPANY eai cnermnp ame 2Y: GP: ^,.i:•Y aEVEWPMF.K^,'NC.r a nc ray BY cn¢r Vy ~- JIl uiLsF ire, Awheim, Ca. 93801 / / ~I ',,-~ A ^es~ Aa ll tam R. Lugsby P[ rde C BY~ Z~ CIER ENPERPRSSEE, INC.,., dt: IP .Y r~ n 'Y ~ [her PY ~FYnsu%l E. C[1` n.~Pre slden: // Udv,d C. Ban Ee C. .v[IOrneY'r n-F act ASE ATTACH POXER PLEA OF ATTORNEY TO P1L BONDS SIGNATURES MVST BE NOTMIZEO • ~P ~ RECORDING REOUESTEO BY CITY OF RAN LHD CULAMONGA P. 0. Boz 807 Rancho Luc amonga, Lal ifornia 91730 NHEN RECOR JED MOIL T0: CITY CLERK CITY OF RANCHO CUCAMDNGA P. 0. Bax 807 A an cho Cucamonga, California 91730 NOTICE GF CONPLETION NOTICE IS HEREBY GIVEN THAT: I. The undersigned is an owner of an interest pr estate in [he hereinafter described real property, the nature of which interest or estate 15: TRACT 9sa9 2. The foil name and address of the u ndersigned owner is: C1iY OF AAN CNO CULANpN G4, 9320-L Base Line Road, P. 0 . Sox 8C7, Rancho Cucamonga, California 91]70. • 3. On the 6th day of Mar;q 1985, ~ there was comole[ed on the her of naf ter descrlbed real pro perty the Nprk of improvement set forth in the Cpn tr dCt deCYmenLS fOr: TRAC- 9589 4. The name of the original ca nt r ac for for the work of Improvanent as a whole was: THE DE EA LR EEK LO:APANV 5. The real property referred to herein is situated in the City pt don cho Cucamonga, County of San 9ernardi no, California, and is descrf bed as f0ii0N 5: TRACT 9589 CITY OF RANCHO CUCAMONGA, a municipal carppratf on, ONner L oyd Mubb s, City Eng weer E J (o G RESOLUTION N0. E63.86=TBR fl S -~~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 9589 AND AUTHORIZING THE FILING OF A NOTICE OF COMP LETiON FOR THE WORK WHEREAS, the construction of public improvements for Tract 9589 have been completed to the satisfaction of the City Engineer; an~' WHEREAS, a Notice of Completion is required to 6e filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 6th day of March, 1985. AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Beverly A. Authelet, City Clerk jaa \J ~~ CITY OF RANCHO CliCAMONGA STAFF REPORT DATE: March 6, 1985 T0: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer gy; Barbara Kroll, Engineer Technician SUBJECT: Release of Real Property Improvement Contract and Lien Agreement and acceptance of a replacement Lien Agreement in conjunction with the Virginia Dare Winery project located on the northwest corner of Haven Avenue and Foothill Blvd. submitted by C/A Limited The developer of the above described project has requested a release of the Real Property Improvement Contract and Lien Agreement recorded in October, 1984. This Lien Agreement included all of the parcels on the site. In order to clear the titles on the parcels that are being sold, a Real Property Improvement Contract and Lien Ag~~eement giving the responsibility to the construction of the future Foothill Median Island to Parcel 1 only, is being submitted for approval. Parcel 1 is being retained by the developer. RECO!lENDATION IL is recommended that City Council adopt the attached resolutions releasing the previously recorded Real Property Improvement Contract and Lien Agreement for Parcel Map 8303 and accepting a Real Property Improvement Contract and Lien Agreement in place of. It is further recommended that the City Clerk cause said resolution of release and said Real Property Improvement Contract and Lien Agreement to record. Res-ectf ully subar~tted, ko Attachments C< y .. R£CDRDING R£OVEETED BY: and WREN RECORDED NAIL TG: CITY CLERR City of Rancho Cucamonga P.0. Box 9pl Rancho Cucamonga, Cali EOrnld 91]3D REAL PROPERTY INPROCENENT CONTRACT ANp LI E!l .ACRE E>£:T ;a ti ~.: ~w THIS AG REEMEN'T, matle and entered into this 15th day of February, 1985, by and be eween C/A Limited (hereinafter re Ee trod to as "pevelooe c"1, and the CITY OF RANCHO CLCAIO NGA, CALIFOP.N IA, a muniaapal corpo[ation (hereina .`ter [e (erred Co ds "City"), provides as follov,~s: WHEREAS, a4 a genera: condition ¢[ece de nt [o th¢ roc o:dati on of Parcel !!a¢ 83d1, the City requires the construction of missing of `.-site street imp [oveme nos including landscaped median island with curb, ixrigation and appurtenances on Foothill 91vd. adj aeon[ to the property to be developed; and WH ER9A5, the p¢veloper desires to pos Cpone construction of such improvements until a later date, as determined b}' the City; and WIIE REAS, the City is agreeable Co such postponement provided that the 9e ve lope[ er,texs into this Agxeeme nt req ui[ing the Developer t; nnstruct sd id improvements, aC no expense to the City, after G•_nand to do so by the City, which said Agreement shall also provide that the Cify may co nstzuCt said improvements iE the Developer fails or neglects to do so and that the Ciey • shall have a lien upon the .real prone rty hereinafter described ea eecu ri ty for the Oevelope is pe r[o rma nee, and any replacement due City. G9 • NO{V, THEREFORE, THE PARTIES AGREE: 1. The Developer hereby agrees tF.at they will install off-site st root improvements inclvdiny landscaeed median island with tact, irriration and appuxtances in accordance and compliance with all applicable o:d finances resolutions, rules and ra gala ticns of the City in effect at the time of the installation. Said improve- ments shall be installed upon antl along Foothill Sou leva zd, not to exceed beyond the canter Si ne of said street or beyond the frontage of the subject property except as required to provide for adequate drainage and traffic transition per city Standards. Z. The installation of said imp roveme nns shall be completed no later than one (1) year following written notice to the Developer from :he City to commence installation eE the same. Installation of said imp roveme nos shall be at no expense to the • City. 1. In the event the Developer shall fail or re EU Se to complete the installation of said imp [ovemen is in the timely manner, City nay at any time thereof teq upon giving the Developer written notice of its intension to do so, ante[ upon the property hereinafter described and complete said improvements and ze cover all coats of completion incurred o}' the City from the Devel ope[. 4. To secure the perEo rmance by the peve Loper of the terms and conditions o' this Agreement and to se ev [e the repayment to City of any funds which na~~ be expended by City in completing said improvements upon defa uit L~~ the Developer heceunde r, the Developer does by these presents grant, ba cga in, sell and convey to the Crty, in [rus[, the following descrited real property sitva ted in the Crty of Rancho Cucemonra, County of San Bernardino, State of Caliform a, co-wit: Parcel 9 of Pe reel Nap BIOI as shown on a map recorded in book pages of records of San 0ern and ino County, California. -~~ 5. This conveyance is in t[ust fo[ [he ,urposes described above. 6. Yow, the re,'o re, if the Ceveloper shall faith Eclly per `.orm all of the acts and things to be done under this Agreement, then this conveyance shall to void, otherwise it shall remain in Eull force and effect and in all ce spects shall be considered and treated as a moctgage on the [eal property and the rights and obligations of the parties with respect thereto shall he governed by the provisions of the Civil Code of the State of California, and any other applicable sia CUe, pertaining to mortgages on teal property. ]. This Agreement sha 11 be binding upon and shall inure !o :he benefit of the heirs, executo rsr administrators, successors and assigns eE each of the parties hereto. 8. To <he extent rewired co give effect of this • Agreement as a mortgage, the term "Cevelope[" shall to "mortgagor" and the City shall he the "mo rtgacee" as those terms are used in the Civil Code of the State of Cali EOrnla and any other statute pertaining to moztages on real property. 9. If legal action is commenced to enforce any of the provisions of this Agreement, to recover any sum which the City is entitled to recover from the Developer hereunder az to foreclose ehe mo rcgage created hereby, then the prevailing party shell be ent vtled to recover its costs and such cease noble acto rneys fees as shall be awarded by the Court. _~ 7~ RESOLUTION N0. f9d--B6-93R ~ _- ' ~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM C/A LIMITED, FOR PARCEL MAP 8303 AND RUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, Parcel Map 8303, located on the northwest corner of Haven Avenue and Foothill Blvd., submitted by C/A Limited was approved on February 22, 1984; and WHEREAS, Installation of one-half median island established as prerequisite to issuance of Building Permit has been met by entry into a Real Property Improvement Contract and Lien Agreement by C/A Limited. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Rgreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 6th day of March, 1985. AYES: • NOES: ABSENT: on 0. Mike s, Mayor ATTEST: Beverly A. Authelet, ity erk faa • ,'3 RESOLUTION N0. E83-B6='02R ? ? w ~ • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RELEASING A REAL PROPERTY i MPROVEMENT CONTRACT AND LIEN AGREEMENT FROM C/A LIMITED WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 84-257 accepting a Real Property Improvement Contract and lien Agreement from C/A Limited; and WHEREAS, said Real Property Improvement Contract and Lien Agreement was recorded fn Official Records of San Bernardino County, California, on October 24, 1984 as Document No. 84-255085; and WHEREAS, said Real Property Contract and Lien Agreement is no longer required. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby release said Real Property Improvement Contract and Lien Agreement and that the City Clerk shall cause this resolution to 6e recorded in the office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 6th day of March, 1985. AYES: • NOES: ABSENT: Jon D. Mike 5, Mayor ATTEST: Beverly A. Authe et, City C erK jaa • 7Y CITY OF RANCHO CtiCAMONGA STAFF REPORT GATE: March 6, 1985 T0: City Council and City Manager FROM: Lloyd B. Hu b65, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: San Bernardino Road/Church Street Improvement Project o ~uca,tiro is 2~5,~~ a i '2,l, _ , __ ~ f Z __ > 19'" Progress on the above referenced project was recently delayed when, during paving operations on San Bernardino Road between Malachite and Archibald, the roadway became unstable under the weight and continuous use of extremely heavy paving trucks. Subsequent investigation of the area revealed a highly unstable soil four to five feet beneath the limits of the new work; two old roadwa vs one and one half feet below the limits of the new work; and an abandoned concrete water line adjacent to the work. it is the combined opinion of the project sof is engineer and staff Lhat these previously unknown conditions and rain the occured or inr to paving contributed to 'the problems encountered and constitute changed conditions beyond the original intended scope of the work. These changed conditions in conjunction with previous ch ange orders written to correct routine, minor contingencies will exceed the original 10% contingency by approximately E45,000.00 or about another 12%, RECD~MENDATIDN: It is the recommendation of the Staff Lhdt Council approve the additional expenditure of E45,000.00 for the repair of unforseen changed conditions and completion of San Bernardino Road between Maiachite b Archibald on the San Bernardino Road/Church Street Improvement Project. Res ectfully su, fitted, J i L H P:bc ') .S CITY OF RANCHO CL'CAMONGA MEMORANDUM DFiT~: 0~-;4-BS Tp; Cav Co~.rr~cr; FROM: Harry Erngev. F: nar~ce Dvect er.. ~~ SUBJECT: City irwest ment Pal vcv Lit tache^ for City Ca~.incrl's cor~s:dera • st aternent wah regarCS to investrner~t Pr,l icy $t at ernent haS beer. Pregar`ed :r pnvernment Code that directs such act addr`e55'S those dreas thdt hdVe heen of the recent events to gefa:i the C: Mont ebel i~~. ..c ~o - ~,~~~ ~~` Iv-' E UJn 15 a gGLICV C:tv funds. ~~a- accardance witn the ~it:es ar,q ^as:caliv ~aerned weakest irr light :es of Sari Jcse and ~B 1073 autnored by Cortese Sets into mot inn the reou:remer~ts fc~r atlapt :nP coy rrrvest merit policy ant as resi.rit the recaremer~dat um 15 t~~ have Cr, ~,inc:l adopt the att acneq Pnl:cy and tc do so annually as changes :r~ the law require, a15o nave the City Tr`easur`er` s:qr~ the attac^.etl Poi:ey therebv maw:rq :t the off is:al Cav lnvestrnent Pai icv. 7 r, CITY OF RRNCHO CUCRMONGR ~ S -'~' STR?EMENT OF INVESTMENT POL_Cv PURPOSE ?hisx statement is ir,ter,dec t~> provitle duide'iines for the pr,adent irrvest ~ner~*. of the Citvrs ternporarv is ie cash. ar,d c,~.rt iine the poi u.es =nr• n;ax uni r. r,c *.he efficiency of the Cityrs cash rnanagemer,t syst ern. T`,e ult :mate coa'_ is to er,har,ce the ecoro>mic st at ,.~s of the City Wnl ie prnteCt :Y,C its ^: >.ed Cash. 'CE.IECTIVE The Cr.c~rs cash manacement svsterr, vs cesigr,ed to acc'.irateiv raonit nr ar,c forecast ex Dent cures and revenues, tmas erahiiriq the City to irrvest r,,rnds cv +,ne f~.i: lest extent bassi hie. `ne City attempts t~ oht ai+, .~e nipnest vieItl ^ossi Dle as ione as invest mer,ts meet the cri terra e5t ahl aheC f,~r• safety and iic~.itgity. PO~iCV • T'ne City of Ranch,? Cucamr,noa operates its temper•arv p~>oled isle casn Hues*.mer,ts '.rc,der the De`utler,t rnan r,ale lCivil C ,e Section G2E1, et sed, lr. This affords the City a broad sDect%'.m of irrvestmer,t oPdort ur,i*,ies as i. r_,n^ as the investment is deemec br•~.~dent an0 is al :owap ie '.incer current lep isiat ien of the St ata c.f Caiifnrrna r G~_ve~•nrner,t Code Sect inr, 53600 a*, sed.> i-,ves*. rnen*,s may be matle in the foiiewir,^ rued ia: - 5ecur it ies ref the U. S. Government. ¢,r its ager,cie5 - Shla:l Eusa Hess PCrni Yrl St rat lOn LgdnS - -er"d lfiC2t es OT D2Pns It (Gr Ilrne DBD651ts) placed with CpnlmerC ldl >ar,xs ar,d /~. r• savirms and loan cr_,m panie5 - ,~,ECGt idb ie Certifir_ates of Deposit - Ear,xers Rccept ar,ces - Comraerciai Pager - _uca. Pdency Ir,vestrner,t .'i.ing (State Pwi) Demand Deoos its - =eo~.~rcnase Rbreernents (Repcsl - PaSSgQpM Savines Rcco~.mt Demands Deposits - Reverse Rep,.vcnase Rareements Criteria for select ina investments and the oraer• c,f Dric,rity ar•e: 1. Safetv, the safety and risn associated with an investment refer^s tp the potential icss Df prinei pair interest or a cr_,mbir,at ion of these amounts. The City c,r,ly operates ir, these ir,vestrner~ts that ar•e ebnsidered very safe. 2. i_iduidity. This refers to the abi lity to "cash in" at any moment in tune with a minimal chance of I~>s inp some portion df Drinci pal or interest, liduid ity is an imprmtant inveStrneni c~.iel itv especially when the need for unexpected funds ocairs occasionally. 7 r) Vield. Vield is the optential dollar earnings an investment can provide. Sometimes described as rate of ret vrn. Safekeeo:rm. Securities purchased from brokers/dealers snail be held in third warty safekeeping ov the trust department of the incal agency's banN or ether delior~ated third party trust, the City's name and cr~r~t rol, whenever possible. Investment ob lect ive. The cash manapernent system of the City of flanchn Gicamonca is designed td accurately monitor and forecast ex- penditures and reverwes, thus ins~.rr inp the investment of monies io the f uiiest extent possible. Rttern dts tc~ obtain highest interest yields possipie as long as investments meet the criteria ream red for safety ar~d iipuidity. Citv Constraints. Tne City of Rancho Cucamonga operates its pooled casti investmenu upper the Prim ent Man Real e. This affortls a broad spectrum of investment opport unities so lone a5 the investment is deernec grudent ape is perrnissagle under currently effective legislation of the Stave of Caiiforr.ia app otper imdc~5ed legal restrictions the City rnav from time tp tune ceem to pe reasr_maole and pr~.rdent. ".he City strives to masnt win the level of roves'^ent of all f~.ranas as • near 104'18 as possiple, through daily and orr, tec'=gyp cash f.pw oe- terrninat ums. idle cash manapernent and investment transactions are the resdon5ibility pf the City Treasurer ar~d or pis/her appointed pesighee. "he pasic premise underlying the City's investment pnilosoohy is. and will con';:nue t.. ^e, to insure that money is always safe and availadie when needetl. ~ ine Prudent Mari Ruie s*. at es, in essence, that "investing... property fcm the der,ef it rif another, a trustee shall exercise the lodgement and care, uncer the circumstances then prevailing, wn icn men of prudence, discretion and intelligence exercise in the management of their owr~ affairs. . City Treasurer City of Rancho C~.rcamonga Rt *.achment: Pr~ad ent Man Rule • 7g via •~rt GUWwQ~ MEMORANDUM x,~ ~~' Date: February 28, 1985 ~ ~ '~~"~i To: City Council and City Manager __ 19 i' From: Dick Mayer, ~,pazk P'1'oject Coordl natoz Subject: Approval To Submit Applications For Funding Under the Roberti-2'Be rg Program For Aedeve lopment Of the Children's Play Apparatus Ateas at Aeryl and Lions Parks (Consent Calendar M) Background: The City of Rancho Cucamonga's Community Improvement Program for fiscal year 1984-85 Includes redevelopment of the children's play apparatus areas at Heryl and Lions Parks. The redevelopment is needed to provide additional play equipment to b!tter meet the needs of the park users. The attached conceptual plans, which have been revs eyed by the Park Development Commission, indicate the proposed Improvements to the play areas. The plans provide for the reuse and re nova tlon of the existing play equipment at each fec111 ty wl th new equipment being added to further improve the play value of the play areas. Funding for the Sm pz ovemen is will come from the City's 19 R4-85 allocation of State Roberti-2'berg UYDan Open Space and Recreation Program in the amount Of $30,318, with the remaining funding necessary to complete Lhe work hei na derived from the Park Development Fund. The Heryl Park play area improvements are estimated to cost $22,575, of which $15,318 will come from the Roberti-2'berg sands and 57,257 will come from Park Development Funds. The Lions Perk play area improvements are e9 time tad to cost $22,819, wl th the Roberti-2'herg Funds providing $15,000 end Park Development Funds provi di nq $7,819 towards the project. In order Co apply for the Roberti-z'herq funding St is necessary Eor the City Council to approve the attached Resolution authorizing the submission of grant epplica tlone for these funds. It is also necessary for Lhe City Coune ll to approve the attached Categorical Exemptions for each project, indica flog that the projecLe are Categorically Exempt under Section 15302, Close 2 of Lhe State California Environmental Quality Act (CFQA) Guidelines, which are also followed by the City. Su mma size d, Class 2 of the CF,QA Guidelines consists of the replacement or reconstruction of ezis flog atructuree and facilities where the new feclli ty will he located on the same site and will have subs [antially the same purpose and capacity of the facility replaced. 75 Page 'wo. Hemo Recanmendatlon: That the City Council 1. Approve the attached Ca tenorical Exemptions for the Pe ryl Park and Lions Park children's play appazatus azea redevelopments; and 2. Appz ove the attached Resoly lion approving the C1 ty's submission of grant applications for funding under tho State Rohezti,2'berg Urhan Open Space and Recreation Program. Alta Ch men ts: 2 Site Flans 2 Categorical Exemptions 1 Resolution OM/7s L ~4 ~~ Q ~_ .~ O J g a G N ~4 8% T .4 ~ _~~ ~~ d1 l ., ':1 ~ dj Y-j ~ r ' ` _ ~ }' ~'~ F r \1 - '~ ~~ ~ ~ ~ ~. ..: ~:}r.. . ~ ~ e ~ '~ , ®m ~~ # \~I ~~ ~~ ~~ s~ RESOLUTION NO. RS- G-S • A RESOLUTION OF TH F. CITY COUNCIL OF THE CITY OF RANCHO CU CA MO NGA, CALIFOPNIA, AP PA OVING THE APPLICATION FOR GRANT FUNDS UND FR THE AOBERTI-Z'BF.RG t1R BAN OPEN SPACE PROGRAM IOR THE BERYL PA R1C AND LIONS PAPN C HILDFF.N'B PLAY APPARATUS AREA REDEVELOPMENT PROJECTS WHFR F,A S, the Legislature of the State of Ca lifox nia has enacted the Roberti-2'eerg Urban Open-Space and Recreation Program, which provides funds to certain political subdivisions of Che State of California for accuirinq lands dnd Eor developing facilities to meet urban recreation needs; and WHFR EAB, the Std to Department of Parks and Recreation has 5e en delega tad the responsibility for the administration of the program, se tti nc up necessary procedures governing applica [i on by local agencies under the pxogr am; and WHER FRS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of applications prior to submission of said applications to the state; and WHER F.A S, said applications contain a car of ica Lion that the applicant • will comply with all federal, state, and local environmental, public health, re to ca [ion, affirmative action, and clearinghouse recuiremen is and all other appropriate code sr law and regulations prior to the expenditure of the grant funds; and WHEREAS, the proj acts applied for under this program must be of a high priority and satisfy the most urgent park and recreation needs with unmet needs in thn most heavily popula teal areas; NOW, THE RE FOPS, BE IT RESOLVED, that the City Council of the City of Rancho Cuc amo nqa he rehy; t, Approves the filing of two applications fOr funding under the Roberti-Z'Bexg Urban Open-Space and Recreation Program; and 2. Certifies that said agency understands the general provi dons of the agreement: and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the projects funded under this program; and 4. Certifies that sa td agency has or will have available prior to commencement of any work on [he projects included 1n thess applications ma tchinq money from a nons to to source; and 5. Certlf Ses that the projects lnc laded Sn th eee appl ice bone conform to the recreation element of the City of Rancho Cucamonga qe neral plan; and b3 ~i Page 2 6. Appoints the Director of the Community Services Department as agent of the CS ty of Rancho Cucamonga to conduct all nego tia ti ons, execute and suhmit all documents including but not limited to applications, agreements, amendments, payment request, and so on which may be necessary for the completion of Che aforementioned projects; and 7. Appoints the City Attorney as legal counsel for said agency with authorization to sign the certification on page 1 of the applications. APPROVED and ADOPTED the day of ,1985. I, the undersigned, herehy certify that the foregoing Resolution No. •, was duly adopted by the `r by the following roll call vote: AYFS: NOES: ABSENT: ty • C, J 8 ~/ RESOLUTION N0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, SUPPORTING REPUBLIC HEALTH CORPORATION APPLICATION FOR CERTIFICATE OF NEED FOR THE STATE OF CALIPORNIA WHEREAS, the City of Rancho Cucamonga has experienced exceptional gr wth war the last several yeere and ie one of the fastest gr wing c ammunitiee in the Uni [ed Sta [es; end WHEREAS, the ci [izena of the City of Rancho Cucamonga do not presently have ecceae to a hoepi [al within [heir own community; and WHEREAS, the Inland Counties Health s'y e[em Agency has indicated a eh or Cage of hospital beds in [hie area to meet [he projected health care needs of 1990 and beyond; end WHEREAS, [he construc[i on end operation of a new hoepi tal and support facilities will prw ids hundred of jobs for reei dents of Rentho Cucamonga end aurroundi ng con®uni ties; end • WHEREAS, the Ci [y of Rancho Cu<amonga on August 19, 1981 eppr wed the use of the proposed site within Rancho Cucamonga Busine se Park for hoe pi tal and medical office development through the adoption o£ [he Industrial Specific Plan; and WHEREAS, Che development Bite within Rancho Cucamonga Busine ee Yark has a completed circulation system inclusive of utilities Co the pr opoaed haspi [al Bite; and WHEREAS, Republic Health Corporation, [he fifth large et investor caned hospital management company in the country, is dedicated to ae [[ing the stands tds of excellence in health care services. NOW, TREREFORE, BE IT RESOLVED, Chat the City Council of the Ci[y of Rancho Cucamonga hereby supports the application for a Certificate of Need to be filed 6y Republic Realth Corporeti on for the development of a full eery ice a<u to care general hoepi[al end euppor [ing health and medical facilities. PASSED, APPROVED, and ADOPTED this 6th day of March, 1985. -- CITT OF RANCHO CtiCA;VIOtiGA \` L<cAStpyC STAFF REPQRT 2;:~~_. _ .' -- ~~ _ --,Z ~~-- I DATE: March 6, 1985 TIME: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Gary W. Richards, Code Enforcement Officer SUBJECT: APPEAL OF PLANNING DEPARTMENT APPROVAL OF TREE REMOVAL PERMIT N0. 85-0 - A request to remove Eucalyptus trees in areas required to be graded for construction of building pads. ABSTRACT: An appeal has been filed by five (5) property owners residing adjacent to Tracts 11609 and 9441 - Crismar Homes, the major concern being the preservation of the Eucalyptus Tree Windrow along the western boundary of Tracts 11609 and 9441. • ORDINANCE/POLICY REQUIREMENTS The purpose of the Tree Preservation Ordinance is to encourage the preservation of trees where and when possible within the City on both public and private property. The ordinance applies to ail trees, with the exception of fruit or riot hearing trees, which are in excess of 20 feet in height or 30 inches in circumference. According to the Tree Removal/Preservation Ordinance, property owners are required to submit for aDProval a "Tree Removal Permit", prior to the removal and/or destruction of any trees within the City. Once submitted, it is evaluated by staff according to the requirements of the Cade, and either approved or denied. If denied, it may be appealed by the property owner within ten (10) days. If approved, staff immediately gives notice to the property owners adjoining the subject property that such tree removal permit was approved and issued and that the Dermit will become effective ten (10) days after the date of its approval unless appealed to the City Council. BACKGROUND: On Monday, January 21, 1985, the City Planning Division received several ,~ complaints regarding the removal of approximately 15 - 100 Eucalyptus trees on vacant land (Tracts 11609 and 9441 - Crismar Homes) located on the south side of Wilson Avenue, east of Archibald Avenue. 8~ CITY COUNCIL STAFF REPORT Appeal of Tree Removal Permit No. 85-OS March 6, 1985 Page 2 Gary Richards, City Code Enforcement Officer, was sent to the site to stop any further destruction of the Eucalyptus trees on the site. In addition, Pete Peterson, Cri smar Homes, was contacted and informed of the situation and a meeting was scheduled for January 28, '.985. Cri smar Homes was cited for the removal of trees without an approved Tree Removal Permit. At this meeting, the following conditions were agreed to by both Cri sm ar Homes and the Li ty. 1. The submittal of a Tree Removal Permit indicating any additional trees to be removed, the need for their removal, and a plot plan showing the approximate location of all trees on site. Additionally, an overlay was to be provided indicating the proposed grading in order to determine which trees could be selectively preserved. L J 2. Preservation of all Eucalyptus trees along the western side of Tracts 11609 and 9441, except those located on tot 1 of Tract 11609 (see Condition 3). The Eucalyptus • Trees along Wilson Avenue are to be removed according to the approved development project because of a twelve (12) foot wide bridle trail easement that will be located in this area along with a decorative block wall. 3. Replanting of the northwest corner of Tracts 11609 and 9441, or wherever necessary, to enclose the windrow along the western side of the development. More specifically, this would include the replanting of the rear portion of lots 2 and 3 of Tract 11609 and lot 44 of Tract 9441. Replanting in this area is to be with 15-gallon Spotted Eucalyptus, instead of the required 5-gallon. 4. Replanting of the windrow at the rear portion of lots 7, 8 and 9 of Tract 11609 and lots 56-62 of Tract 9441 along the bridle trail easement. According to the approved Tree Removal Permit, all Eucalyptus Trees that are not located in areas designated for grading purposes due to construction are being preserved according to the Conditions of Approval for this permit. All replanting noted in condition 4 above is to be in compliance with City policy, which requires 5-gallon Spotted Eucalyptus trees planted 8 feet on center. This current policy is taken from the Etiwanda Specific Plan text which calls for Eucalyptus Macul ata (Spotted Gum) In 5-gallon containers, and planted every eight (8) feet on center. Attached to this Staff Report is a reduction of Tracts 11609 and 9441 depicting these areas of replanting. z `~ • • CJ CITY CCUNCLL STAFF REPORT Appeal of Tree Removal Permit No. 85-OS March 6, 1985 Page 3 On February 1, 1985, h1r. Peterson overlay as requested. This permit The overlay was used to determine selectively preserved. A notice owners, per the Tree Preservation appeal period. RECOMMENDATION submitted a Tree Removal Permit and was reviewed by staff and approved. any additional trees which could be was sent to surrounding property Ordinance, allowing a ten (10) day The Planning Department recommends approval of the "Tree Removal Permit" based on the agreed to conditions of approval with Crismar Homes. R 'pectf y ubmitted, is / ~~ City Planner RG: GR:ns Attachment 8' . ~: ~~ FeS ruary 9, 1985 Re verly Au[helec, Cit7 Clerk City of Rancho Cucamonga 93:0 Baseline Road Su iee C Rancho Cucamonga, Ca. 91730 De ai 9s. ;\uChelec, I wish Co appeal the issuance of a tree removal permit in accordance w ich Section i of Ordinance ~o. 37. The permiC covers Che area east of Arc hi6a ld Avenue [o He mosa Avenue and souCh of Wilson dvenue. I would also appreciate Che CS[7 Co urc il's review of special arrangemenCs made between Che Ci[y and Crismar Homes concerning a previous violation of Ord iaance Vo. 37 in which i5-100 Crees were ille ca Llv des[roved. This acrion is taken because I believe issuance of [ne pur^,iC and the special arraneemen[s vio la Ce bo Ch the letter and spirit of ~,.. ainance ;io. 37. PLaase no [e [hat Ch is appeal a~mma Cica lly suspends :;:e permiC and prevents Che furcher removal of Crees until Che Ci C': Council cakes Eur[her action. Sincerely, ~1/h-9v~-lC~lw~ Phil Ye vkian 5831 Burgundy Ave. Ph. 980-7066 -Adde3 Consent Calendar Zcem: " Se[ Publ;c Heading .ot March 6, 1985 C~Ty OF RANCHO C~~RMONCA ADMINfST2 7k,N ~ FEB g ~ ~i8j8~n~ll~~j1~~3~gi3 B Zy • • N ---___. 1- . ~" J " / 6 ~ ~' .• t " l ~ ;~~ L ~` ..~ ' ~_.. `~ ''~. ~~ , , F o~~ L=am : 1 / -`/~ /' J j IY' 'n~ ri ~_ . . _ O..- ~~~, ..j _ r, i~ ~~ 1~._. pp _ ~--~'? ~_ '~~/._~~_.-til.~a~ 0 ~ L'7` ~r X17 . I . ~ U r -~~ - .~ -~ ~~~ if Z'~ '1 7 o ,,-- __:I - i I -z ~._~ ~I E ~ '~ PI J ~r- - p .. 6 O _ `. = O ~ ~ 11 ~ Ft y ~ t ~ ~ ~ Ij J t0 \~r_ A' J ~- _1 I _ ~ d.4~ J ~ ~ ~~ ~ _ - - o~~ I i ~ ''i~ 1 ~'t1-- - ~ .~, ~' ~, ~ ~ ~. .-- 11 N i 1 ,~!' -- s,, y ORDINANCE N0. 244 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING PART III OF THE INDUSTRIAL AREA SPECIFIC PLAN TO ESTABLISH A HAVEN AVENUE OVERLAY DISTRICT LOCATED ON BOTH SIDES OF HAVEN AVENUE BElYIEEN FOOTHILL BOULEVARD ANO 4TH STREET. the City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The following section is hereby added to Part II1, Development Standards and Guidelines: V. HAVEN AVENUE OVERLAY DISTRICT Purpose The purpose of the Overlay District is to establish development standards which address the unique setting and character of the Haven Avenue corridor. The Haven Avenue Overlay District is located on both the east and west sides of Haven Avenue extending from Foothill Bau lev and south to 4th Street, as shown in Figure V-1. • gppiicability The Overlay District is to be applied in conjunction with the Specific Plan for Subareas 6 and 7 and provides mare specific and/or restrictive development policies, design standards and land use regulations for both Subareas 6 and 7. Topics not specifically covered by the Haven Avenue Overlay District will continue to be governed by the regulations of the Specific Plan. Development adjacent to the Haven Avenue Overlay District shall consider compatibility and integration with the Overlay District through the Master Plan process. Setting Haven Avenue is located near the geographic center of the City and will be the most significant gateway into Rancho Cucamonga, Another important aspect is the distinctiveness of the Haven Avenue corridor in relation to other major arterials designated as "Special Boulevards". Naven Avenue is the major travel route for the City and has the potential for high end office development with a unique combination of direct access to the airport and the Interstate 10 freeway. This provides the City a rare opportunity to enhance tts image by encouraging intensive, high quality office and professional development along the Haven Avenue corridor. 9~ Relation to General Plan The General Plan affirms that travel routes are • predominate elements of the community's image and entourages the distinctiveness of individual distr irts and roadway corridors. In addition, the General Pian states that a consistent design theme is necessary to reinforce the image or perception of a route. The Specific Plan states that the Haven Avenue corridor and the Industrial Park category should 6e designed to project a "campus like image for firms seeking an attractive and pleasant working environment with high prestige value". A. Goal Statement Goals are statements that define the community's aspiration and intentions. The goal for the Haven Avenue corridor has evolved from sessions with the industrial and business communities and with the City's elected and appointed officials. This goal represents the current conception of and future aspirations for the best interest of the City for the Haven Avenue corridor. Encourage long-range master planned • developsent along the Haven Avenue corridor which enhances Rancho Cucamonga's image by providing an intensive, high quality gateway into the City and by promoting a distinctive, attractive, and pleasant office park atmosphere in a canqus like setting with high prestige identity. B. Land Use Types The intent of the following policies is to encourage land uses and development consistent with the design goal for the Haven Avenue corridor as an intensive, high quality gateway into the conmunity. B. 1. The primary land use function along Haven Avenue is intended to be of an administrative/professional and office nature. However, on the parcels directly adjacent to the railroad, the Planning Commission may consider additional uses permitted in Subarea 6, subject to the issuance of a Conditional Use Permit, and a finding that such a use will 6e consistent with the stated • design goal for Haven Avenue and all 51 ~. other provisions of the Overlay District. 6.2. Select ancillary commercial and business support service uses shall not exceed 20% of the floor area in any Master Planned development. Concentration of such uses in any building or along the street frontage is not permitted. B. 3. The following land use types are permitted or conditionally permitted within the Haven Avenue Overlay District. All other uses shall be prohibited. Permitted Uses Administrative and Office Financial, Insurance & Real Estate Services Communication Services Medical/Health Care Services Professional Services Administrative Civic Services Cultural Business Supply Retail Saes & Services* Business Support Services • Eating and Drinking Establishments Conditional Uses Convenience Sales & Services* Entertainment * Food and Beverage Sales Fast Food Sales Hotel/Motel * Personal Services Recreation Facilities Public Assembly Public Safety & Utility Services Religious Assembly *Ancillary Uses Limited to 20X of the floor area per 8.2. 8.4 Fast food services are specifically excluded as a primary use. This would preclude the development of typical free standing fast food restaurants, most of which require drive-through facilities, in the Overlay District. However, fast food could be permitted as an ancillary or secondary use, subject to a Conditional Use Permit, as apart of a larger project, provided, however, such use not be located directly adjacent to Haven Avenue. 93 C. Master Planned Deve looment • The intent of this section is to provide for integrated development at the earliest possible time in the review process. Through the Master Plan process there is opportunity to coordinate the efforts of single or multiple property owners and discourage piecemeal development. Finally, master planning of defined areas will avoid development of single parcels of land in a manner which would prevent or preclude future development of adjacent parcels in the best way feasible. It is not the intention of the master planning process to cast future development patterns in stone. Rather, it is an attempt to discover problems before they develop, to deal with issues while they can be solved, and to take advantage of opportunities while they exist. The standards and guidelines which follow are intended to apply to all projects and should not be constrained by parcel lines or specific site boundaries. C.1. A conceptual Master Plan shall be submitted for Planning Commission • approval, together with any development proposal, including subdivision or parcel map applications. Such Master Plan shall address relationships to other parcels within the Master Plan area. C .2. At minimum, Master Plans shall indicate conceptual building locations, overall circulation, points of ingress and egress to both public and private streets, parking lot layouts, conceptual grading and drainage, areas to be used for landscaping and plazas, pedestrian circulation, and common signing. Areas intended for common use, such as shared access, reciprocal parking or pedestrian plazas shall also be identified. In addition, a statement of architectural intent and/or conceptual elevations shall be submitted to indicate how the architectural concepts including style, form, bulk, height, orientation, and materials relate to other buildings or projects within the planning area as well as to the overall design goal for • Haven Avenue. 4 5' • C.3. The Master Plan boundaries indicated in Figure V-2 are logical planning boundaries based upon physical tontraints and property ownership. These boundaries may be modified when it is determined that the Master Plan is consistent with the intent and purpose of the Haven Avenue Overiay District. The City Planner may require master planning of property outside the Overlay District, adjacent to a project proposal, where necessary to assure integrated development and promote the goal of the Haven Avenue Overlay District. C.4. No Parcel Map or Subdivision Map shall be accepted or approved without concurrent submittal and approval of a Master Plan to assure integrated development consistent with the goal of the Haven Avenue Overlay District. C.5. Architecture within Master Planned development shall have a compatible • design style with variation in the building style, form, and materials in accordance with the architectural standards of the Overlay Oistrict. Lot Size C.6. Minimum parcel size shall be two (2) acres with a minimum parcel depth of 225 feet within a Master Plan development. A 300-foot minimum lot width shall also be required, consistent with the access control policies. The Planning Commission may waive these requirements when it is determined that the parcel is part of a Master Plan which is consistent with the intent and purpose of the Overlay District. All lots of record are allowed to develop according to the requirements of the Haven Avenue Overlay District. Access C.1. Vehicular access onto Haven Avenue shall be discouraged wherever suitable alternative access may be developed from other streets as determined through the Master Plan process. If vehftular access onto Haven Avenue is granted, said access shall be shared with adjacent parcels. The minimum distance between drive aDProaches shall he 300 ~- feet with 100 feet the minimum distance hetween a drive approach and the curb • return of any intersection along Haven Avenue. Also, reciprocal parking and access easements shall be required, where appropriate, with any development proposal. C.8. Public transit facilities shall be considered within all Master Plans. Convenient pedestrian access shall be provided to designated transit facilities, such as bus stops. C.9. On-site circulation for both pedestrians and veh is ies shall consider existing or planned circulation patterns on adJacent properties. Connections shall be made where appropriate to foster more integrated development and enhance pedestrian movement. D. Site Orientation The following standards are intended to promote integrated, pedestrian oriented, office park development in a campus like setting: • Pedestrian Orientation D.1. Site planning, including building configuration and placement, must create opportunities for courtyards and plazas and other landscaped open spaces and promote safe and convenient pedestrian movement with continuous landscaped pathways between buildings. 0.2. Parking areas and circulation aisles along the Haven Avenue street frontage are discouraged and may only be approved through the Master Plan process when it is determined appropriate and necessary to implement the design goal of the Haven Avenue Overlay District, Their visual impact shall be fully mitigated through dispersed parking areas and extensive landscaping and herming. D.3. Vehicular circulation around the rear and side portions of a site is encouraged. Circulation aisles which fragment or disrupt the connection of pedestrian spaces throughout a project • shall be avoided to the extent possible. ? ,~ • Parking D.4. The use of dispersed parking areas which provide convenient access to buildings without interrupting interior pedestrian spaces is encouraged io reduce the need for large parking lots. Where large parking lots are necessary, they shall be located in areas less visible from Haven Avenue and their visual impact fully mitigated with building placement and extensive landscaping and bermin g. D.S. On-street parking along Haven Avenue shall be prohibited. 0.5. Building placement at or near the streetscape building setback is strongly encouraged within all developments, particularly on corner lots with high visibility. Multiple building placement should provide variable stree [scope setbacks to reduce streetscape monotony. Setbacks D.7. A 45-foot average landscape setback and a minimum 45-foot building setback shall be required along Haven Avenue, as measured from the ultimate face of curb, • including existing lots of record and condominium lots or lots within a center when designed as an integral part of a Master Planned development. D.B. Ancillary service and loading areas shall be designed and located where least visible from public view and adjacent properties designated "Industrial Park". D.9. All existing and new utilfties, including electrical service less than 34.5 KV, within the project shall be installed underground. E. Landscaoina Requirements The intent of the following standards is to enhance the visual quality of the streetscape and provide an attractive and pleasant working environment in a campus like setting. Minimum Landscape Coverage E. 1. R minimum twenty-five (25) percent of net lot area (excludes right-of-way dedications and private streets) shall be landscaped areas and pedestrian hardscaDe plazas and courtyards. ;7 E.2. The landscape/hardscape coverage requirement may 6e modified for • individual parcels within master planned developments when it is determined that the master plan as a whose aeets the required coverage and the project is consistent with the intent and purposes of the design goal for Haven Avenue. E.3. A maximum five (5) percent credit toward the required landscape/hardscape coverage may be permitted where appropriate public art is to be displayed in a setting which enhances pedestrian spaces and building architecture. E.4. A consistent streetscape design theme shall be developed along the Haven Avenue streetscape which incorporated intensified landscaping with specimen size trees, alluvial rock sc ape, mounding, meandering sidewalks, and appropriate street furniture. Landscaping materials shall be selected which provide an histor is link to the City's past, such as eucalyptus . windrows, citrus trees, and grape vines. In addition, a program of street name monument signs shall be developed to inc tude low profile, natural alluvial rock monument signs wf th individual letters formed in a sandblasted concrete face. Berming E.S. Landscaping and berming shall be designed to create visual interest and variety to the streetscape, enhance building architecture, screen utilities and buffer views of automobiles, pavement and service areas, and to define and to distinguish the pedestrian environment from vehicular spaces. Water Conservation E.6. A combination of water conserving landscape and irrigation techniques are required such as the use of drought tolerant plant species and hardscape (non-irrigated) surfaces, and special irrigation systems such as drip emitters, low volume stream rotors, deep watering of trees and shrubs, tensiometers to measure soil moisture, • and automatic timers. E.7. Landscape materials shall be selected for their low maintenance, drought tolerance, and heat and wind tolerance. F. Open Space and Pedestrian Environment The intent of this section is to promote the functional design and location of pedestrian spaces, and provide convenient pedestrian circulation on and off site and promote a campus like setting. F.1. The development of a pedestrian node or focal point, such as a plaza or courtyard is required within all projects. F.2. The location of plazas and courtyards should encourage maximum pedestrian use and be separated and/or buffered from vehicular parking and circulation. Such locations may he near a prominent building entrance or along a centralized pedestrian path. Pedestrian Facilities F.3. Pedestrian plazas or courtyards shall he designed to create an attractive, • comfortable, and functional setting with a "sense of place". A combination of the following design elements are encouraged, bat are not limited to: pavement or surface texture; elevation/grade changes; use of landscape materials and structures to provide shade and define enclosed spaces; seating (eg -benches, steps, or raised planters); and outdoor eating areas. In addition, the use of water features, covered walkways, kiosks and public art are encouraged. F.4. Trash receptacles, drinking fountains, light standards and other street furniture shall be designed to enhance the appearance and function of open space areas. F.S. Convenient pedestrian circulation shall be provided throughout ali projects to connect parking areas and public transit facilities with 6ui idings and pedestrian open spaces. ~7 G. Architecture The following standards are intended to • promote a high qu atity office park image with high prestige identity: Urban Style G.1. Desirable arch itetture along Haven Avenue shall project a high quality progressive, sophisticated, and urban style of development. While the use of a variety of exterior materials may be permitted to achieve this image; Spanish, Mediterranean, or traditional architecture styles are not generally considered appropriate for office buildings. G.2. Variations in architectural styles, construction methods, and materials for certain ancillary uses, such as restaurants and banks, may be permitted where the architecture is exemplary and consistent with the high quality image required for Haven Avenue and where a particular design is necessary and more appropriate considering the intended use of the building. • Multiple Story G.3. Multiple story buildings of sufficient mass are encouraged that reflect the scale and proportion of the Haven Avenue right-of-way and streetscape setbacks. Low, linear buildings are discouraged. G.4. Building design elements that are considered inappropriate for an office park atmosphere include retail type storefront elevations (linear configurations, continuous ground floor glazing, multiple doorways), and numerous overhead roll-up doors which promote concentrations of ancillary commercial and business support services, and are therefore prohibited. G.5. Service and loading areas shall be screened from public view and adjoining properties, wherever possible, to reduce site design constraints on future adjacent development. Architectural Variety G.6. Architectural planes shall have variation in depth and angle to create • variety and interest in the basic farm and silhouette of the building. ~JL~ • G.1. Rrticulat ion of the elevation surfaces is encouraged through the use of openings and recesses which create texture and shadow patterns and provide variety in the building plane or surface. G.B. Building entrances shall be well articulated and project a formal entrance statement through variation of architectural planes, pavement surface treatment, and landscaped plazas. G.9. Accent treatment such as changes in exterior materials and texture is encouraged in conjunction with variation in the major form giving elements of a structure. Signs G.10. A coordinated Uniform Sign Program shall be required for any development, including wall and nronument signs. Building wall signs shall consist of individual letters and can signs are prohibited. The size, number, typical • design and location of the signs, as permitted by the City's Sign Ordinance, shall be submitted with the development application and be reviewed concurrently. H. Urban Centers The following standards are intended to promote the highest quality development and intensity to create community focal points or "urban centers" near the key intersections of 4th Street and Foothill Boulevard, as shown in Figure V-1. H.1. The applicability of these urban center standards for specific parcels shall be determined through the Master Plan review process. H.2. Multiple story buildings shall 6e of the highest design quality, particularly at the inmediate corners of 4th Street and Foothill Boulevard. Desirable structural components include steel, and concrete in conjunction with curtain walls, spandrels and glass. Wood frame structures are discouraged, /G/ H.3. A minimum thirty (30) percent of net lot area (excludes right-of-way dedications and private streets) shall be landscaped . areas and pedestrian hardsc ape plazas or Courtyards. H.4. Special landscaping and streetscape design features shall be developed for the intersections at 4th and Foothill to create an intensive and prestigious gateway entry into Rancho Cucamonga and the Haven Avenue Avenue Corridor. H.b. The use of parking structures is encouraged to promote intensified development and maximize the site area devoted to urban pedestrian plazas and courtyards. Parking structures shall be harmoniously designed with the main building and located around the rear or side portions of the site. N.6. The minimum parcel size shall be five (6) acres unless waived by the Planning Conmiss ion when it is determined that the parcel is designed as an integral part of a master planned development consistent with the intent and purpose • of the Overlay District. SECTION 2: The City Council finds that Industrial Area Specific Plan Amendments an implementation of the General Plan and Industrial Specific Plan goals and policies and that the General Plan and Industrial Specific Plan Environmental Impact Reports adequately cover any potential significant adverse impacts. Further, the City Council finds that no subsequent or supplemental environmental impact report is required pursuant to Division 13, Chapter 6, Section 21166 of the Public Resources Code. Specifically, the City Council. A. No substantial changes are proposed in any goats or policies which would require major revisions to the EIR's. 8. No substantial changes have occurred with respect to the circumstances under which the project is being undertaken. C. No new information on the project has become available. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (16) days after its passage at least once in The Dail, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California, • J PASSED, APPROVED, and ADOPTED this 20th day of February, 1985. AYES: NOES: ABSENT: Jon D. Mike s, Mayor ATTEST: every A, uthe et, ,ty er • /0 3 FIG. V-1 HAVEN AVENUE OVERLAY DISTRICT urban cancer Overlay District TRAILS/ROUTE3 0 0 0 o pedestrian e • • e BicYCle (~j,~d Regional VV Multi-Use Special Strestacape/ Landscaping _^-- Power Llne/ Utility EaaemenL ^•~ Creeks 8 Channels n Bridge Aceesa PoIMs i=,A.,`: Park © fire Station a ,o Acres ®0 4oo~Op`pp ~ i i ir! , iii r i ~. ,t,aea~ ;'wD~~sv ~~ ' ~'" v i*a aa. am ,,~~. wDw~~ fa 1 Y/Y<L.r/.~ ~~~~ f"~ L J ,.,1-- --.zl°~- l /oy C lJ FIG. V-2 MASTER AREAS CIRCULATION ~ 120' R.O.VJ. ~~~ 100' R.O.W. ~- 88' or less R.O.W, RAIL SERVICE 'I'~~ Exlstin9 '~*~~- Proposed TRAILS/ROUTES 0 0 0 o pedestrian • • • • Bicycle ~~d Regional ~.' Multi-Use "~4~^~^ Special 3treetacape/ `~"^°` Landscaping ::::::-_ _~= Power Llne/ Utility Easement Creske 8 Channels n Bridge '~ Access Pointe (Park © Fire Station a 1a +~ ,/ ® Acres 0 ~-500 ~o r ~~ ---- CITY OF RANCHO CL'CAYfONGA ~ ~.up~ STAFF REPORT ~'~/~~:~. ~ x~-~`~> idarch 6, 1995 s~ F l( Z _ 7 TO: CITY MANAGER and CITY COUNCIL j° FROM: JERRY R. GRANT, BUILDING OFFICIAL /~~ ~ . SUBJECT: ADOPTIDN OF UNIFORM h1ECHANICAL COCIE I. BACKGROUND: Since incorporation, the City has been conducting mechnical inspections based upon the 1973 Uniform Building Code, adopted as a part of City Ordinance tdo, 17. Obviously this does not provide the City with the most current regulations. II. ANALYSIS: State law specifies that, unless local agencies adopt the latest edition of specified codes (in- • eluding the Uniform Mechnical Cade) within one (1) year after state adoption, those certain codes, as they apply to housing, will automatically 9o into effect in the format adopted by the state. The deadline for local adoption of the Mechnical Code is March 1, 1985, however, there is no pre- clusion from later adoption by a local agency. Accordingly it is in the City's best interests to act now and retain local control by adopting the document essentially as published. ' The accompanying ordinance wilt adopt the code with only such amendments as are necessary to facilitate City administrative procedures. The 1982 Code differs little from 1973 Code; the changes that have occured have been either technical changes, revisions to enhance legality and enforce- ment or inclusions of provisions for previously unreguiated equipment. III. RECOMMENDATION: It is the Staff recommendation that the ordinance be introduced and placed on first reading. /~. ORDINANCE N0. @--3-Bfr--O'SO- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1982 EOITI ON OF THE UNIFORM MECHANICAL CODE. The City Council of the City of Rancho Cuc amonoa, California, does ordain as follows: SECTION I: Chapter 4 of Division 3 of Title 6 of Lhe San Bernardino County Code adopted by ordiance No. 11 is hereby repealed. SECTION 2 Title 15 of the Rancho Cucamonga Municipal Code is hereby amended by adding a new chapter 15.13 to read as follows: Chapter 15.13 UNIFORM MECHANICAL CODE Section 15,13,010 ADOPTED BY REFERENCE. The City adopts by reference the Uniform Mechanical Code, 1992 Edition, coo vright 1982 by the International Conference of Building Officials, pages 11 to 280 inclusive, including Chapter • 21 of Apprendix B, and said Uniform Mechanical Code is adopted as the law of the city except as provided for in this chapter, Three conies of the code have keen and are now filed in the office pf the f,;tv Clerk for public record and inspection, and the code iS referred to, and ar~npted by reference as if incorporated and set out a length in this chapter, under the Drovisions of Government Code Section 50022.1 et.seq. Section 15.13.020 BOARD OF APPEALS, Section 203 of the Uniform Mechanical Code is amended to read as follows: Section. 203 BOARD OF RPPEALS. In order to provi He for final interpretation of the provisions of this Code and to hear appeals orm ided for hereunder, there is hereby established a Board of Appeals consisting of five (5) members, said members to be members of the City Council or persons, other than employees of the City, appointed by the City Council and whp shall hoid office, at its pleasure. The Building Official shall he an ex-officio member of and shall act as Secretary to said Board. The Board may adopt re asonahle rules and regulations for conduc t;nq its business and shall render all decisions and find ings in writing to the Building Official with a duplicate copy to the dppell ant, Section 15.13.030 VIOLATIONS ANO PENALTIES, Section 204 pf the Uniform Mechanical Code, 1982 Edition, is amended to read as follows; /c 7 Ordinance No. s-3-06-010 . Page 2 Section 204. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or maintain anv mechanical systems or equipment or cause or permit the same to be done in violation of this code. Any person, firm or corporation violating any of the oroVis ions of this Code shall be deemed guilty of a misdemeanor, and each such person shad be deemed guilty of a separate offense for each and everv day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and conviction of any such vio ration such person shalt be punishable by a fine of not more than 3500.00 or by imprisonment for a term not exceeding six (6) months, or by 70th fine and imprisonment. Section 15,13.040 FEE SCHEDULE. The Uniform Mechanical Code, 1992 Edition, is amended by deleting Table Nn. 3-A, Mechanical Permit Fees, and by amending Section 304 to read as follows: Section 304(a) PERMIT FEES. the fee for each permit shall he as set • forth in duly adopted City Council Resplut ion. Whenever any work, for which a permit +s required by this Code, has been commencew without first obtaining said permit and when such work is discovered as a result of an investigaf. ion, the permit fees specified by City Council Resolution shall be Aouhied, The payment of such dpuble fee shall not exempt any person from compliance with ali other provisions of this Code nor from anv penalty prescribed by law. Section 304(b) PLAN REVIEW FEES. When a plan or Dther data is required to be submitted by Subsection (b) of Section 302, a Dian review fee shall be paid at time of submitting plans and specifications for review. The plan review fees for mechanicai work shall be as set forth ;n Citv Council Resolution. Where plans are incomplete or are changed so as to require additional plan review, an additional plan review fee shall be charged at the rate set forth in City Council Resolution. Section 304(c) EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within 180 davs foilowinq the date of application shad expire by limitation, and plans and other data submitted for review may thereafter be returned tp the applicant or destroyed by the building official, The building official may extend the time for action by the applicant for a Deriod not exceeding 180 days upon written request from the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall he extended more than Once. In order t0 reneW dCL i00 0^ an dpDliCdt ion after BXDirdtiOn, the applicant shall resubmit plans and pa,y a new plan review fee. Section 304(d) EXEMPTION FROM FEES. Neither the state nor this nor any other county, city, district, or other political subdf vision, nor anv public officer or body acting in his official capacity on behalf of the state /~ i Ordinance No. B-3-06-010 Page 3 or of this or any county, city, district, or other political subdivision shall pay or deposit any fee required by this code. This Section does not apply to the State Compensation Fund or Public Housing Authority or where a Duhl+c officer is acting with reference to private assets which have come under his jurisdiction by virtue of his office. Section 304(e) REFUNDS. In the event that any person shall have obtained a mechanical permit and no portion of the work or construction covered by such permit shall have been commenced and such permit shall have expired as provided for in Subsection (d) of Section 302, the perm;ttee, upon presentation to the Building Official of a written request on a form provided therefore, shall be entitled to a refund in an amount equal to eighty percent (80%) of the mechanical permit fee actually paid for such permit; however, the portion of the fee retained shall never be less than fifteen dollars (515.00? or the total fee in event the fee paid was less than fifteen doP ars. in case a permit is issued in error by the Building Official, all fees shall be returned to applicant upon written request. Np refund shall be granted when receipt of the request occurs more than 180 days following payment of Lhe permit or plan review fee. No portion of a Dlan review fee shall he refunded; unless no checking has been performed • on a set of plans, in which case eighty percent (BOa? of the plan review fee. shall he refunded; however, the portion of the fee retained shall never he less than fifteen dollars (515.00) or the total fee in the event the plan review fee paid was less than fifteen dollars. The Building Official shall satisfy himself as to the ri pht of such applicant to such refund and each such refund shall be paid as provided by law for the payment of claims against the City. Section 15.13.050 REINSPECT IONS. Subsection (fl of Section 305 of the Uniform Mechanical Code is amended to read as follows: Subsection 305(f) REINSPECTION S. A reinspection fee may he assessed for each inspection or reinspection when such por±ipn of work for which inspection is called is not complete or when required corrections have not been made. This provision is not tp be interpreted as requ irinq reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but a5 controlling the or active of calling for inspections before the job is ready for inspection or reinspection. Reinspection fees may he assessed when the approved Plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or far deviation from plans requir inq the approval of the building official, 1 Ordinance No. 8-3-06-010 Page 4 To obtain reinspection, the applicant shall file an applicati^n therefor in writing upon a form furnished for that purpose and oav the reinspection fee as set forth in City Council Resolution. In instances where reinspection fees have been assessed, no additional inspection of the w^rk will be performed until the required fees have been paid, SECTION 3: If any section, subsection, sentence, clause, phrase, Dart or oor?inn of this Ordinance is for any reason held to he invalid or unconstitutional by any court of competent jurisdiction, such decis+on shall not affect the validity of the remaining portions of this ordinance. The City Council declares it wou td have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective that anv one of more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconst itutiona i. SECTION 4: The City Clerk shall file a cony of this ordinance with the State . Department of Housing and Community Development. SECTION 5: The Mayor shall sign this ordinance and the City Clerk shall attest and certify Lo the pas sag9e and adoption thereof and cause the same Lo he published within fifteen (15) days after its passage, at least once, in The Daily Report, a newspaper of general circulation, published in the Pity of Ontario, California and circulated in the City of Rancho Cucamonga. PASSED, APPROVED AND ADOPTED TH iS da.v of _ , 1985. AYES: NOES: ABSENT: CITY OF RANCHO CUC,AMONGA By: on a 5, Ma VOr ATTEST; • ever y Aut ett, ty er 11 /~ J • • CITY OF RANCHO CtiCA\-TONGA ~c~^^'otic STAFF REPORT ~?Pf =Ir p F ~ °Z _ "s 19 i DATE: March 6, 1985 T0: City Council and City Manager FROM: Lloyd B. Hubbs, Lity Engineer BY: Barbara Krall, Engineering Technician SUBJECT: ORDERING 7HE WORK IN CONNECTION WITH ANNEXATION N0. 21 FOR TRACT NOS. 12320, 12490, 11606-1, 10046, 10047, 12721 AND 9619 TO LANDSCAPE MAINTENANCE DISTRICT N0. 1 Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 21 to Landscape Maintenance District No. 1 for Tract(s) 12310, 12490, 11606.1, 10046, 10047, 12721 and 9619. The developers of the above described tracts have been notified of the public hearing by mail. The attached resolution also approves the Engineer's Report which was tentatively approved by Resolution No. 85-29 on February 6, 1985. RECOMMENDATION It is recommended that City Council approve the attached resolution ordering the work in connection with Annexation No. 21 to Landscape Maintenance District No. 1 and aDProving the Engineer's Report. ~ctfully sub 'tied, LBH: :kro Attachments //~ • February 28, 1984 OEV EEO P~IF4i C0 City of Rancho Cucamonga Engi::eering DepaYtment P.O. Box 807 Rancho Cucamonga, CA 91730 Attention: John Martin Re: Tract 12320, Huntington Villas Request for Membership-Landscape 6 Lighting Maintenance District Gentlemen: As requested, please accept this letter as a request for membership into and participation in the Landscape and Lighting Maintenance District for Tract 12320, Rancho Cucamonga. Thank you for your time and consideration. Should you require any further information, please do not hesitate to call. Sincerely, TERRA WEST DEVELrOPMENT CO. David Boucher Project Manager xc: Correspondence File Suite 278 1505 E. 17tH Slreel 9ente Ana, CA 92705 711.953-5322 /~Z 171 W. Juana Street Sen Leandro, CA 91577 NS-995.1877 American National Group 405 Sa BeearN Cka~r, ee~cvry Hi1l5.CaIrNMnia 90212 • ;2131 B79 0900 EEmenn F. Sc~nleEan. Jr, C nanman of me Boara ~~~~~~~ :_ :°'_. September 10, 1984 City of Rancho Cucamonga Dept. of Engineering P.O. Box 807 9340 Baseline Rancho Cucamonga, CA 91730 RE: Tract 12490 1.11Y CF RAHCHO CUCAAtONG.1 ENOiNEER!NO D;V1510!I Gentlemen: • We are the developers of the above named Tract, which we wish to have included in the City of Rancho Cucamonga Landscape and Lighting District. This letter will serve as our formal notice of intent to join such districts. ~Sinc~fe rely, / ' ~ ~lt/t~~G~-~W Martha Schnieders MSS/mtc • Real Estate 3erNCes Investment ~ Deagn ~ OeraloPnaent ~ Canetrtiction. Finance ~ Marketing. ManegertlerK . Inelrsnce /~ ? BARCLAYS PROPERTIES, INC. November 26, 1984 City of Rancho Cucamongo Department of Engineering P. 0. Box 807 9340 Baseline Rancho Cucamongo, California 91730 RE: 'Cracc 11606-1 Gentlemen: We are the developers of the above named Tract, which we wish to have included in the City of Rancho Cucamonga Landscape and Lighting District. This Letter will serve as our formal notice of intent to join • such districts. Sincerely, ~~~/~ `Ha~r/g ~et Pamela Parrish BARC 1'S TAC MPP/nt L, \ 17702 COWAN STREET .IRVINE, CA41FORNIA 92714. p14) 474-0300 Novaohas 19, 1984 Lloyd Hobbs City Engineer City of Rancho Cucar:onga 9320 Baseline Road, Suite C Post Office Box 807 '~ Rancho Cucamonga, CA 91730 Re: Tracts 10046 6 10047 Dear Mr. Eh~bbs: 4k desire to join the landscaping and street light maintenance distracts in the City of Rarcho CLncartonga for tracts referenced above. Very truly yours, ~~ ~ Setior VYce President 64iR: pt cc: James R. Icnutson • TM Antlm Group 16133 Ventura Boulevard, Suite 1270, Enano. Cahforma 91436, Telephone 213.972-0384 /%s • November 8. 1984 robert~on bomes/aootnrro a division of caved coryoravion <onttacrors license number 349]]5 6650 tmbartadnodMe ~ slttXfon, <e 95209 ~ iR09195)h981 IIIOI CadN dme. fm1e 102 ~ coilon. ca 94124 11161 J)0 0200 City of Rancho Cucamonga Public Works Department 9320 Baseline Rd. Rancho Cucamonga, Ca 91730 Re: Tract / 12721 Woodsong Village. Gentlemen, Robertson Homes hearby request that it be admitted to the city of Rancho Cucamonga landscape and lighting district. Th ,you or your cooperation. • Y Trul , Gar Mazu~/~oj t Manager a division of CATWIL CORPORATION GM:es // ~i j ~ RAZA ~ ^~'^~ nICORiPOriAiEp ~ Jfav~A A~rw~r Avenue CaYa Mesa Camorn~n 92626 t16fi2Jinp November 15, 1984 Mr. John L. Martin Assistant Civil Engineer Community Development Dept. Engineering Division City of Rancho Cucamonga 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 Re: Tract 9619 Dear Mr, Martin: • Please be informed that it is our intention as the owner/ developer of Tract 9619, located in the City of • Rancho Cucamonga, to join the City Maintenance District N1 for the purposes of landscape and lighting main- tenance upon completion of our offsite improvements. If you have any questions, please do not hesitate to call. Sincerely, George R. Meek r, Jr. President GRM:mh • A Suosidiary of CalJorma Federal Savings and Loan Association ~~~ ,. ._ • CITY OF RANCHO CUCAMONGA Engineer's Report for ANNE %ATION N0. 21 to the Landscape Maintenance District No. 1 Tract Nos. 12320, 12490, 11606-1, 10046, 10047, 12721 And 9619 SECTION 1. Authority for Report This report is in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Cade, State of California (landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to annex all new tracts into Landscape Maintenance Gistrict No. 1. The City Councii has determined that the areas to 6e maintained will have an effect upon all lots within Tract Nos. 12320, 12490, 11606-1, 10046, 10047, 12121 and 9619 as well as on the lots directly abutting the landscaped areas. A11 landscaped areas tc be maintained in the annexed tracts are shown on the Tract Map as roadway right-of-way or easements to be granted to the City of Rancho Cucamonga. • SECTION 3. Plans and Specifications The plans and specifications for the landscaping have been prepared by the developer and have been approved as part of the improvement plans for Tract Nos. 12320, 12490, 11606-1, 10046, 10047, 12721 and 9619. The plans and specifications for the landscaping are in conformance with the Planning Commission. Reference is hereby made to the subject Tract MaD and the assessment diagrams for the exact location of the landscaped areas. The plans and s pecif icaticns by reference are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be incurred for parkway improvement construction. All improvements will be constructed by Bevel cper s. Based on historical data, contract analysis and developed work standards, it is estimated that maintenance costs for assessment purposes will equal thirty (E.30) per square foot per year. These costs are estimated only, actual assessment will be based on actual cost data. // ~ The estimated total cost for Landscape Maintenance District No. 1 • (including Annexation No. 21 comprised of 19,145 square feet of landscaped areal is shown below: Total Annual Maintenance Lost $.30 x 535,018 square feet 160,505.40 Per Lot Annual Assessment 160,505.40 = 36.93 4346 Per Lot Man thly Assessment 3fi .93 = 3.08 12 Assessment shall apply to each lot as enumerated ir. Section 6 and the attached Assessment Diagram. Where the development covered by this annexation involves frontage along arterial or collector streets, which are designated for inclusion in the maintenance district but will be maintained by an active homeowners association, these assessments shall be reduced by the amount saved by the District due to said homeowner maintenance. SECTION 5. Assessment Di oar am A copy of the proposed assessment diagram is attached to this report and • labeled 'Exhibit A", by this reference the diagram is hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for Annexation No. 21 is found to be of general benefit to all lots within the District and that assessment shall be equal for each parcel. The City Council will hold a public hearing in June 1985, to determine the actual assessments based upon the actual costs incurred by the City during the 1982/83 fiscal year which are to be recovered through assessments as required by the Landscape and Lighting Act of 1972. SECTION 7. Order of Events i. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention to Annex to District and sets public hearing date. 4. City Co uncii conducts public hearing, considers all testimony and determines to Annex to the District or abandon the proceedings. • 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. // `/ ;ASSESSMENT DIAGRAM • LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION N0. 21 :_ s ;.r ... .. ._. ..--... ~~ _ _ ~~ _ ~_~ ,; 28 21 ~ 20 a. , ' ~ . .~ ' .c. .. __ y ,.. _ .. ~_ _ J. I :_-~ S_ .... .. _. ~ 29 _ - -_. . ~_~ _~....~ _ 'i i j ~ 26 ..- '. . _..... .~ ~- i.-..- - ,-'i ~y~ __ _ _. ~_ i4j; - ~ .1 r ~,_~ .___. _~ 1 -.-.. Z-- .1 ~:~ 14 135 12 ~ (11x• ~ f0 9 _.W. -{ ~ ~ S~,: .-. >ji _ -...._ ..~. III i ts. `ecAllr, ~o~~, h ~ r CITt' OF RANCHO CC;CA,~tOtiGA `~` r ' ~ is~ ~. .y i'.' '~c ENGINEERING DIVISION ~r i 6 ~ \P VICINITY M ' T 1\ I n r ,I 1 page ;ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 7 • ANNEXATION NO. 21 --~ .-~ - - ~; ~ - •'~- ~ ~ t ~r. ~~~ ;-/ =~ .; ~~~I ~~ Q ~~ ' • ~,~~~ i=~ ~~ ~. '- L c^ .:a-~..: ~ ti:-~ i ~-. A ~ ~.`~ _ e rte. ~`, ' I I ~ f ~ i' `~i ii . R4. ~ ' ~ I ~ ~i ~ ~ c ' ii `~[ E~~ ~i v" s ~.~,`~'~~~ ; CITY OF RANCHO CCCA,~IO:NGA u~ "~~" ENGINEERING DIVISION VICINITY MAP ~T TRACT 12490 isn 1 V page i/ ;ASSESSMEiVT DIAGRAM • LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 21 ,.. .: --- -_- _ - . _ ?;;; , . ~:. .. - ., ; _ - .. ,, , ,, ::-:~- .,.:. ..T-: -, - ;.,, :, _ _ ,... . . ., .. - .. -..:. _ .. .• Si. -'-. -' - "~~' ~ __ i .. ~,..~~.r-e .. - ,. ', ~ -- L~r -' .. ~o~~-~t~0t~ ~~,,~, ~,~ CITY OF RANCHO C(;CAhlONGA S ci °, ENGINEERING DIVISION z ~T TRACT 11606-1 irn VICINITY MAP ~ ~ ' ~ l~ page ;ASSESSMEI\!T DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 1 ANNEXATION NO. 21 1' .~F/ iiS~~~~q, ~ t ~ e,i ~if1:..i.:.;,:d;.~l i '"~~r__ ~ '~ !'.a _ . - ,~?i ~ ~ ~ ice,.,-+* ' _-._= ,. ,~~ it ref ~"'~ .<^=~~• ~V Cy 'l+~i- ~. ...v-.~ _ I ~~ ~ ~ I111 v ~ ~f~~.-I. b~ a ~ ~r . ``~~ Cil I/f 2 ~~ c-r~f of ~~~NCt--o ccc,~,r!< ,_.., s O LYYf:.~ ii ~~, ENGINEERING DIVISION ~z ~d..~:_ ~J' nn V[C(N(TY MAP I - • N TRACT 10046 page ,ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION NO. 21 • a ~ ^ ~ I T Li'J ..~:.~~ o ' ~ e, ~ 'i ' ~I~f., 't i ~{ 1 - ~r. ~1~ ._~~~ /.~~N ~./^r ~^~Liy~_i~( . ' ~l T, ur I 1-!'.~vkv ; ~ft~ v' lit•~~'.1'j ~ I ~ ~ _ . r ~ ~ ~ R ~ 1 ~~ 1 = { - I ' r . j~_ 1 ,. ~__ v~ t l `o~ee~~r~~' a~ ¢~~ '>; CITt' OF RANCE-IO Cl'CA,~IO:~CA l =~;~~~: ~'~ ENGINEERING DIVISION rsn VICINITY Mr\P page 10047 ;ASSESSMEiVT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 1 ANNEXATION N0. 21 r~ ~ w `:< - ~\ `- 1 ~;~ ~~ o- ~ I 1 u+u !F ~. - ' j-; y~ / ..... .~.. ti,.. ..... i -__ ~-:~ - .~., e.... .._., ,'~ .... ~__.. a,.. _. r I La o +-~ I \ R l L ~r. ~, - : ~.. ~ - .I ` ~ ~'' I ~ I I i, ~~ _ R ~ ~ AAA ~ ~ .. l „ i, ~~ ~~ /~ '~ _ L u n L 2 ~ 11 I e Enf 1 ' I , / ~ds1 JI f; 1111 )t III ~ Myi,~v 1. ..~ '.~ ~ I('.iyl • ' ~ I ~n G ~ ' ..: `i.~ . ^ ~_ ~ _= ~_ ~,~~,q ~ CITY OF RANCHO C~CA,`iONGA • ~~ uq 'g y~~,.~ ca ,~, ENGINEERING DIVISION ~T TRACT 9619 VICINITY MAP 1 r page /. ASSESSMEiVT DIAGRAM f~ • LANDSCAPE MAINTENANCE DISTRICT NO. ~ ANNEXATION NO. 21 /1 ~.. ~. _~...~~ ~~v. _ _ __ a ~ _ _ ~:. .. _ __ _ _ '~ 1~. ~ __ " _ :._ ,,._ _, - - -e.~..--. ._., . ,. ~ ' i ~'s _'----' .. al_ h. ~__-` _ __ -_ - ~'~ • - - -- ~. . . . , ..__ _-. ._ _ _. ..,.. _ __ ___... --- -- - -r___ _ _... _z:.: - ---- = -°._i °_-- - - - ---"_--_- ~__. ~ -=_ _ = ----- ;_- ---• ,;:jam _ _ -t_-,__- ---_ .o~`~~b. ~.~ ~, CITI' OF RANCHO CCCAAIONGA y~~ ENGINEERING DIVISION 19n VICINITY MAP N page 12721 • RESOLUTION N0. fB3=9G-B6R ~ ~ ! '? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION N0. 21 TO LRNDSLAPE MAINTENANCE DISTRICT N0. 1 ANO ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12320, 12490, 11606-1, 10046, 10047, 12)21 ANO 9619 WHEREAS, the City Coun cii of the City of Rancho Cucamonga did on the 6th day of February, 1985, adapt its Resolution of Intention No. 85-30 to order the therein described work in connection with Annexation No. 21 to Landscape Maintenance District No. 1, which Resolution of Intention No. 85-30 was duly and legally published in the time, farm and manner as required by taw, shown by the Affidavit of Fu6lication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement", was duly and legally posted in the time, form, manner, location, and number as required by law, as appears from the Affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property • proposed to be assessed for the improvements described in said Resolution of Intention No. 85-30, according to the names and addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the City of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 8530, he done and made; and SECTION 2: 8e it further resolved that the report filed by the Engineer is hereby finally approved; and SECTION 3: Be it further resolved that the assessments and method of assessment in the Engineer's Report are hereby approved. SECTION 4: Be it finally resolved that said assessments shall not begin unti a~Tfter 60 percent of said tracts have been occupied. 1 `~ rrmv nc n n ~~run rrr e ~tnuC ~ • STAFF REPORT DATE: March 6, 1985 T0: City Council and City Manager FROM: Lloyd B. Nubbs, City Engineer BY: Barbara Kra11, Engineer Technician a , ~ ,_ - ~. ,; = ~ P Z _ ~ i~_, SUBJECT: Ordering the work in connection with Annexation No. 8 and Annexation No. 6 far Tract Nos. 12390, 11606-1, 10047, 10047, 12490, 12190 and 9619 to Street Lighting Maintenance District Nos. 1 and No. 2 Attached for City Council approval are resolutions ordering the work in connection with Annexation No. 8 to Street Lighting Maintenance District No. 1 and Annexation No. 6 to Street Lighting Maintenance District No. 2 for the following tracts: District No. 1 (Arterial) Tract 12320 12490 11606-1 10046 10041 12721 District No. 2 ilocal li9h ts) Tract 12320 11606-1 10046 10047 9619 The Engineer's Report for both Districts are also attached for final approval. These reports show the estimated costs of the Districts and include a location map for each tract. letters of intent to join the Districts have been received from the developer of each tract. Letters have been sent to the developers, posting has been completed, and the Resolution of Intent has been placed in the Daily Report Newspaper giving time and date of public hearing. RECOMfEN0ATI0N It is recommended that City Council adopt the attached resolution ordering the subject Annexation to Street Lighting Maintenance Districts Nos. 1 and 2. Re c ful su itt ed, B Attachments ia'~ =~ .~,~ ~> Vii/ •VCORPORAI'ED ~ ]1a]~A AnwaV Avenu2 Costa bte;a Canrorrra 92545 ha fifi2~]; 00 November 15, 1984 Mr. John L. Martin Assistant Civil Engineer Community Development Dept. Engineering Division City of Rancho Cucamonga 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 Re: Tract 9619 Dear Mr. Martin: Please be informed that it is our intention as the • owner/ developer of Tract 9619, located in the City of Rancho Cucamonga, to join the City Maintenance District N1 for the purposes of landscape and lighting main- tenance upon completion o£ our o£f site improvements. If you have any questions, please do not hesitate to call. Sincerely, G orge R. Meek r, Jr. President GRM:mb A SubsiGiary of Caldornia Fetleral SavinGs antl Loan Association ~ aG .,... NDVentp= 19, 1984 Lloyd Hubbs City F]igineer City of Ranckn Cucamonga 9320 Baseline Road, Spite C Fbst Office Box 807 Ranc!n Cucar~onga, CA 91730 ~ . Re: Tracts 10046 s 10047 Dear Mr. Eaubbs: S+Ie desire m join the landscaping and s~seet light maintenance distracts in the City of Rancho Cucar;onga for tracts reference3 ak>7ve. Very truly }ours, ~;~~~ - - • Savior V~e President h]ILR:pt cc: .lames R. Knutson • TM Andm Group 16133 Ventura 8oulevar4 Suite 1270, Encino, Cahlornia 91436, Telephone 213.872.0384 i3~ e BARCLAYS PROPERTIES, INC. November ^_6, L934 Citc of Rancho Cucamongo Department of Engineering P. 0, Boz 90~ 93h0 Baseline Rancho Cucamongo, California 91730 RE: Tract 11606-L Gentlemen: We are Che developers of the above named Tract, which we wish to have included in the City of Rancho Cucamonga Landscape and Ligh[fng Dis[rict. This Lekcer will =.erve as our formal no[iee of intent to join . such districts, Bincerelc, i ~11~1{(q.Y.;.tI~ QiYll``. CLCis,.,~ 1a + et Pamela Parrish B,\ C YS T.iC MPP/n[ \ 17702 COWAN STREET • IRVINE, CALIFORNIA 92714 • (714) 4~4~0300 \ i 3/ American National Group 405 Sa. Berrtx+y Dn~ BevErN HiIIS.Califom~a 90212 • ',213', 8790900 Edmund F. SC~NeCen. Jr. C navman of me aoara ~w~~S~C~ :_ ,•. .., September 10, 1984 City of Rancho Cucamonga Dept. of Engineering P.O. Box 807 9340 Baseline Rancho Cucamonga, CA 91730 RE: Tract 12490 CITY ;: RnilCI10 COCR.10 fiG.t E I!OiNEEP,!N; C:V410!1 Gentlemen: . We are the developers of the above named Tract, which we wish to have included in the City of Rancho Cucamonga Landsca oe and Lighting District. This letter will serve as our formal notice of intent to join such districts. Sincerely, Martha Schnieaers ~ MSS/mtc Real Estate Services • Irnestrnent • Design • De~blxnerK • Curetnlction ~ Flnenrs . McM1eting ~ Mene9ertlerR • frteu~tCy i • February 28, 1983 CE•E.C ~~(Eai 'p City of Rancho Cucamonga Encineering Department P.O. Hox 807 Rancho Cucamonga, CA 91730 Attention: John Martin Re: Tract 12320, Huntington Villas Request for Membersttip-Landscape i Lighting Maintenance District Gentleemen: As reavested, please accept this letter as a request for membership into and participation in the Landscape and Lighting Maintenance District for Tract 12320, Rancho Cucamonga. Thank you for your time and consideration. Should you require any further information, please do not hesitate to call. Sincerely, TERRA WEST DEVELOPMENT CO. ~~ y~ ~1 David eouchez Project Manager xc: Correspondence File 3uile 216 1505 E. 17tH Street Senla Ana, CA 92705 71.853-5322 171 W. Juana Street Sen Uandro, CA 9a57T a15.095.1877 robert~on homey/xonmPrn a division of catwil mrppranon contractors Lcense number l4~ 665]embaraadero Enva ~ staMOn, ce w5:^,V ~ Q09i 95A5941 ~COJ molry dove fwle lOS aodon [n aJJEJ rtt:, P0~0200 November 8, 1984 City of Rancho Cucamonga Public Works Department 9320 Baseline Rd. Rancho Cucamonga, Ca 91730 Re: Tract # 12721 Woodsong Village. Gentlemen, Robertson Homes Nearby request that it be admitted to the city of Rancho Cucamonga landscape and lighting district. you or your cooperation. iTrul _ • Manager a divis }ion of CATWIL CORPORATION GM:cs • /3y • CITY OF RANCHO CDCAMONGA Engineer's Re part for Street Lighting Maintenance Oistrict No. 1 Annexation No. 8 Trzct Nos. 12320, 1249Q, 11606-1, 10046, 10047 ar.d ;2721 SECTION 1. Authori±y for Repa rt This report is in compliance with the req uir=_men is of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This ~ity Council has elected to annex the tracts enumerated in Exhibit "A" into Street Lighting Maintenance District No. 1. Tfie City Council has determined that the street lights to be maintained will have an effect upon all lots within said tracts as well as on the lots directly abutting the street lights. Work to be provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual • maintenance, operating and servicing of street light improvements on arterial and certain collector streets. Improe~ement maintenance is considered of general benefit to all areas in the District and cost shall be divided on a per lot basis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SECTION 3. Plans and Specifications The plans and specifications for street lighting have keen prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual development is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. SECTION 4. Estimated Costs No costs will be incurred for street lighting improvement construction. A11 improvements will be constructed by developers. Based on available data, it is estimated that maintenance costs for assessment purposes will be as indicated below. These costs are estimated only, actual assessments will be based on actual cost data. /3, The estimated total cost far Lighting Maintenance District No. 1 (including Annexation No. 9 comprised of 616 lots and 14 9500E street lights and/or 6 5800E lights) is shown below: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate** 9500E 168 g,gp 5900E 110 8.75 *H igh pressure Sodium Vapor Lamps Rate Mo's Total 168 X 9.90 X 12 $19,958.40 110 x 8.75 X 12 = 511,550.00 2. Costs per dwelling Unit: Total Annual Maintenance Cost = 31,508.40 = 6.14/year/unit No. of Units in District 5128 6.14 divided by 12 = 0.51/mo./unit Assessment shall apply to each lot as explained in Section 6 SECTION 5. Assessment Diaor am Copies of the proposed Assessment Oiagr ams are attached to this report and labeled "Street Lighting Maintenance District No. 1", Annexation No. 8. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is more than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. • SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's • Report. /„ G 3. City Council adopts Resolution of Intention to annex to District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 5. Every year in Y~ay, the City Engineer files a report with the City Council, 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. • /3~ EXHIBIT "A" • Properties and improvements to be included within Annexation iio. 8 of Street Lighting Maintenance District 1: Tract No. Unit No. of Street Lights 12320 60 Condo 4 @ 9500E 12490 144 Coudo 3 @ 950UL 11606-1 41 S.F. 0 10046 27 S.F. 2 @ 5800E 10041 43 $.F. 4 @ 9500E 12121 27o Condo 3 @ 9500E 9619 31 lots 3 @ 5800E L r~ L /=~ • ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ACJNEXATION NO. S .r s... ,,,-. ~_.~.., , ,,._ _ -• --.w„ ~, ~ _ ; ~~ _____t`.1~\\,.ans•_,°rj.eL,..i ZZ i z~ As~~../IISI \'•^ ~'I ^ai ~~ 1.11 ... _ ~~ v "" •~.j,,. 0'. ,4 ~~ a.. _.~~• ~ i.. ~.~__ ,~•~•~! ~i . _ Y __ i ~d• i •u~~ar ~)r ~~ ~~:P. ~ 1 )~i.•I 1•`!M~ ~~_. T N . nN~•'. nahl__ _ JII _ J i I I , c.. i e{moo- F6 .... 'II r.. .'~~I . _M1_~._ ~__- _V'f,-,~_ _ _.>s:~__ ~,o"~~?~ CITY OF RANCHO CUCAMONGA title; ~~ ~'.,,~' e. r = COUNTY OF 3AN BERNARDINO n saou ,yc~_ ~, ~i ~~ STATE OF CALIFORNIA ~ T - nn LLDYD HUBBS CITY ENGMEER RCE23B89 DATE ~I Page /39 ASSESSRAEIyT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 • ACJNEXATION NO. 8 i ~ _ 'rte i ~i .' ~,' _.. ~. r ~ ~.. i~ ~^ ,'_I`'- r I; y' ~/x„ - y I ~ ~ ' o r ' i., r, `~. ~_ / : ~ ``- ~ I ,,,. .; „ iF<:Lc: ~,r .. {I r ~' °' ~• .~i ~ h it • _8 °`~"~~~`^ CITY OF RANCHO CUC c;c~e; y °y AMONGA ^ ---_~ _' ._.- ~. COUNTY OF SAN BERNARDINO a: ~= ~%n ~_, " iZ STATE OF CALIFORNIA IenrT iooa~ 'cr ;^ V ~~~ ~~ ~~ nn LLOYD MUBRS CITY ENGINE=R RCE.23889 p~ page • • [J ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ACJNEXATION NO. 8 . ~1~ i' ... _..i ~,t-. _ i I{ ' I;~ ~ , ~I~ R .', IA~I 6 l i, i- ~l ~ _'" '~~ l~ I .f.l .ter ~i ?„ ~~,: jSm,. t .wlii ~.' ,T~ ~~{'„ II `y~l- ~G~~~~~r _~~oy---~?);, ~ title; "" CITY OF RANCHO CUCAMONGA a ~r.,_,~~ ' ~ COUNTY OF 3AN SERNARDINO rRAC~ f~' .yr~~, ~_ ~~ ti STATE OF CALIFORNIA ~`IT a, 6 t> 1 ~I Ian LLOYD HUBBS CITY ENGINE_R RCE.23889 DOTE V~B~ wi ASSESSME~JT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 • ACJNEXATION NO. 8 • °i'`~^'0to CITY OF RANCHO CUCAMONGA ~C' '.`~ ~ title ~.;.- ~~ ~ . COUNTY OF 3AN BERNARDINO _~ 9~ STATE OF CALIFORNIA ~~ 6 ,r N _ im LLOYO HUBRS CITY ENGINEER RCE.23g89 pg7E page r1 LJ ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ACJNEXATION NO. 8 ~~ `' ~ ~ ~~ I' I I t I I 'r •~,e li , 11 y = • ~ i e I ., ~~ . . , . ~ _ , v >~ i Z' I ~ ~ , I. ' t ~ > P ;I 'r ~. r ~ pi: ',~ i ;! Pf ~~ ~~°~'~~~` CITY OF RANCHO ,~ ~t y CUCAMONGA w t~cle ~; ~~~ @;n, COUNTY OF SAN BERNAADINO / \ raac =; i,Z STATE OF CALIFORNIA I.i~) ~~ nn _ LLOYD RUBES CITY ENGINEER RCE 23889 p~ page -, ASSESSBAE,YT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 1 • P,CINEXATION NO. 8 „ ..... _ ,~ = - :, Y ~ 29 _ 30 31~ ~--' .. r2~. ~ ~' . 3 ~~ ~~f. J~ ~~A ~ ~ 28 --.~ -- - - -_ _ ~ ~ _ ~ _~ ~~ ~~ 2, ~ ~ ~~ 9 , , 20 r t J ~~ lOi A '~~ ` .li ~ z~~ ~} • .~.~'~ MI Y __ $ ..... • ~ ~__ . _ 22 :9 ' '~1 ~ 1 , t t ~_~ . t' 26 ..-_. ~5 I -......._ ~ 1 -..~ j~ __ ' __ ~ 6 4'- ~~_ .r'--_-I--~_~ - ' :~~ 29~ 23 ~lr a 18 ~ I`'I ' -j.- .. __ _ . d i 8 i _I ~ , r A ~" 10 g Its _ ... ~ .. _.. rli ~. ~~ . _ ,o°i"~0~ CITY OF RANCHO CUCAMONGA A title; ='i_r ~- ~~- COUNTY OF SAN BERNARDINO / ` TRAC '' ' L~65 i~ STATE OF CALIFOgNIA - a, ~ r> N _ HA LLDVO HUBBS, CITY ENGINEER RCE.23R8g DATE - PaB! icy _ ASSESSMENT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ACJNEXATION NO. 8 _ _. ~z_ _ L._ ~~ . __. - _ - _ ~_ -..- ~i, .-... p .. _ _ ~ _ i .,.. ..... f~ F --_ - _,-:- -- •n ~~ - .ice'. _~ ~ -"O''"' W .. ._ , _ , ' L . _ 4; i ._ - i .! _ _ - ~l __. _... ~ _-_' ~°._-... ~~Ad`~"""7'^ CITY OF RANCHO CUCAMONGA title; _,~_,~ ~ COUNTY OF SAN BERNARDINO n 189GI rr;,~ R. 4~ ~ 7 ~~ `~' gZ STATE OF CALIFORNIA ~~ ~ i> - wn i ~ ~~~ unaac rirv cumniccw arc oaooe ,-r- page • RESOL UT[ON N0. aB3-B6-03R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE 'WORK IN CONNECTION WITH ANNEXATION N0. 8 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 1 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12320, 12490, 11606-1, 10046, 10047 AND 12721 'WHEREAS, the City Co until of the City of Rancho Cucamonga did on the 6th day of February, 1985, adopt its Resolution of Intention No. 85-26 *.o order the therein described work in connection with Annexation No. 8 to Street Lighting Maintenance District No. 1, which Resolution of Intention No. 85-26 was duly and legally published in the time, form and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement", was duly and legally posted in the time, form, manner, location, and number as required by law, as appears from the Affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property • proposed to be assessed for the improvements described in said Resolution of Intention No. 85-26, according to the names and addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the City of Rancho Cur, amon ga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention it o. 85-26, be done and made; and SECTION 2: The Report filed by the Engineer is hereby finally approved; and SECTION 3: The assessments and method of assessment in the Engineer's Report are hereby approved. SECTION 4: The assessments shall not begin until after 60 percent of said tracts have been occupied. /U6 GITY OF RANCNO CUCAMONGA Engineer's Report far Street Lighting Maintenance District )JO. 2 Annexatior. No. 6 SECTION 1. Authority for Report This report is in Compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1972). SECTION 2. General Description This City Council has elected to "A" into Street Lighting Maintenance determined that the street lights to all lots within said tracts as well street lights. annex the tracts enumerated in Exhibit District No. 2. The City Council has 6e maintained will have an effect upon as on the lots directly ahutting the Work to be provided for with the assessments established by the district are: The furnishing of services and materials for the ordinary and usual maintenance, operating and servicing of street light improvements on local residential streets. Improvement maintenance is considered of • general benefit to all areas in the District and cast shall be divided on a per lot basis. In the case of condominiums with airspace ownership only, and apartments, a dwelling unit shall be considered to benefit the same as a lot. SECTION 3. Plans and Specifications The plans and specifications for street lighting have been prepared by the developers. The plans and street lights are as stipulated in the conditions of approval for the development and as approved by the City Engineering Division. Reference is hereby made to the subject tract map or development plan and the assessment diagram for the exact location of the street lighting areas. The plans and specifications for street lighting improvement on the individual development is hereby made a part of this report to the same extent as if said plans and specifics were attached hereto. Detailed maintenance activities on the street lighting district include: the repair, removal or replacement of all or any part of any improvement, providing for the illumination of the subject area. SECTION 4. Estimated Costs No costs will 6e incurred for street lighting improvement construction. All improvements will be constructed by developers. Based on av aila6le data, it is estimated that maintenance costs for assessment purposes will be as indicatetl Gel ow. These costs are estimated only, actual assessments will be based on actual cast data. /a7 The estimated total cost for Lighting Maintenance District No. 2 (including Annexation No. 6 comprised of 202 lots and 73 street lights) is • shown below: 1. S.C.E. Maintenance and Energy: Lamp Size* Quantity Rate** SSOOL 388 8.75 *High Pressure odium Vapor **S CE Schedule LS-1. Ail night service per map per month, effective January 1, 1983. L dmpS Rate Mo's Total 388 X 8.75 X 12 = 540,740.00 2. Costs per dwelling Dnit: Total Annual Maintenance Cost = 40,740.00 =29.29/year/unit No. of Onits in District 1391 29.29 divided by 12 = 2.44/mo./unit • Assessment shall apply to each lot as explained in Section 6. ScCT[ON 5. Assessment Diaor am Copies of the proposed Assessment Diagrams are attached to this report and labeled "Street Lighting Maintenance District No. 2", Annexation No. 6. These diagrams are hereby incorporated within the text of this report. SECTION 6. Assessment Improvement for the District are found to be of general benefit to all dwelling units within the District and that assessment shall be equal for each unit. Where there is mare than one dwelling unit per lot or parcel of assessable land, the assessment for each lot or parcel shall be proportional to the number of dwelling units per lot or parcel. It is proposed that all future development shall be annexed to the District. SECTION 7. Order of Events 1. City Council adapts resolution instituting proceedings. 2. City Council adopts Resoluttan of Preliminary Approval of City Engineer's • Report. iyi • 3. City Council adopts Resolution of Intention to annex a District and sets public hearing date. 4. City Council conducts public hearing, considers all testimony and determines to form a District or abandon the proceedings. 5. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the individual assessments. • ivy EXHIBIT "A" • Properties and improvements to be included within Annexation No. 6 of Street Lighting iNai r.tenance District 2: Tract Street Lights (5800L 12320 2 11606-1 17 10046 16 1OD47 22 9619 16 • • /S~ • ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 AC~NEXATION NO. 6 1~~~ '; i' e =.1 T11.': ~i i I:~.r .n .• ~.-.. ... ~ 1 ~~'~ ~l~l,~'_~, r(l`~' 7 ~ . Ire ! 'rr` o it i` 1,,r ` L fY.~, r.~ :~.-.~i. - __7.`_Tr~_.~.i r__'~r~~i!"~~:"'':•..;~(i t`.~ it ~~l .w=y _ ~ ~~~~ „~~~~„,i „~ .. , ,. ~,~y"=~"0~,~^ CITY OF RANCHO CUCAMONGA w ~icle; ,~~4.~,: COUNTY OF 9AN BERNARDINO / \ TRAC1 ~; `~' I~ STATE OF CALIFORNIA - ~'~ 6 s - xn LLOYD MUBBS CITY ENGINEER RCE.23B89 GATE ~ Page /s/ ASSESSTAEI'VT DIAGr~gM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ACJNEXATION NO. 6 • ~ ' •a ~ • ~ ~r9f ' b: / i 't c ~ ~ fe S `\ -A .~ \ \M K Z Z Y Zi I~ = '~ Iaa ifJ. ` _/ \~ 1i . ~ ~ f . ~ a +o R ~ ~ ~'/' ~ ~ ~ M" y, ~.a. i e ' ~ I n ^^ ~ . _ 2 °• ~ r R b :mss: :.~.. ~~~ f~ 1 ' qf f m.. c.f f ` /.•~ / % ^`~ i „ 9 1 .>.. I .-~^ .~_ `-. f ~ .. l____ ,~ ~ --1.~ ' ~ I ~ Y I ~ .., R ,. .,u ~ a. i ~ 1 o ~ V /O f ~~a .r. 4rcal r, • •i f,Tia• a~ F441 ~i / ~ i I I rM R,y ~^'._f I. ~f~i l - I ~ i IIMI~~ T ~-±- Ili eay _ , _ ` ..`. _. __ e- P ST~~ a ld j . ~ ..u . .. l i ' I 1 _~`°°°''~`^ CTTY OF RANCHO CUC AMONGA r?:. / "•~ ~ = COUNTY OF SAN BERNARDINO title ~~ ~ STATE OF CALIFOR~ -zest _ Imo. N -_ L10Y0 HU9BS CITY ENGINEER RCE.23989 p~ a ! P & /S- ASSESSMENT DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO. 2 ACJNEXATION NO. 6 ...... - -I v.: ~Y ~' I4i' _~~: =i LCD ..... J: _ ;: ~' p .1~, _Y ._~,~.1'~, ..I .~.. ~~~ ~` ~t..1'_,_I ~~~~~ 1 .i7- I ! I a ~~ , ~, ; ~ ~ 1 ~ ; ,._ ~i~~ ~~ 1. p .. M~'' ~ * ~ ~~~p.% fir r._cA ~. .. ..... ~'Ji.~_ ~~~ ~.;~ 'a. ? y .~~ i ' ~ ~ r ,a~"-~^'~°~~ CITY OF RANCHO CUCAMONGA 5r' '^ COUNTY OF 3AN BERNARDINO ~:I/~_ `: ' '" STATE OF CALIFORNIA ~, 6 :~ N un LLGYO MUBBS CITY ENGINE'cR RCE.23889 DATE /;3 page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 2 • ACJNEXATION NO. 6 • ~.yr `, v ,~ CITY OF RANCHO CUCAI4tONGA tide; '^ COUNTY OF SAN BER ~ Tms~r ~~ i~ STATE OF CALIFORNIA - i> _ un LLOYD RUBRS CITY ENGINEER RCE,23989 DATE ~ Page ~^Y ASSESSiWE~1T DIAGRAM • STREET LIGHTING MAINTENANCE DISTRICT NO. 2 AP~NEXATION N0. 6 iI ~ _. ~ I1 . i ; ? 4 _~ 5 _ 22 ~ ' _ _ .~.~_. . I I .F~ A II ._•. _ . _._ __ _._ g Ii Ks ' ~ i -._ f r . ' _s_._ ` - ..... . ~.. . . . ~ 10 , y 23 ~ I i 25 _ _ ' , f ~ ~ j I : ~.-_- ~ s - _" _- _ - _ .._. . ' i • ,- __ _ ^ • , 1 , 4 13 12 11. . 10 ~ i 9 s ` - - F-a .~ __.._ -_L_ _ ~-- __ . ~ -__-.. ccc111~ ~o~y --°°T t CITY OF RANCHO CUCAAIONGA title; `~ ~ '= xr COUNTY OF 3AN BERNARDINO ~ _ 7RAC1 ,, <<^ ;~ yn STATE OF CALIFORNIA ~l 5 d, - N77 1 LOVD NIIRRS. [ITV FNf.INFFR RCF 73RFlQ neTC page RESOLUTION N0. E93=BtY08R ~ S '•J A RESOLUTION OF THE CITY COl1N CIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE 'dORK IN CONt1E CT ION 'd ITH ANNE %ATION N0. 6 TO STREET LIGHTING MAINTENANCE DISTRICT .70. 2 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12320, 11606-1, 10046, 10047 AND 9619 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 6th day df February, 1985, adopt its Resolution of Intention No. 85-28 to order the therein described work in connection with Annexation .Jo. 6 to Street Lighting Maintenance District No. 2, which Resolution of Intention No. 85-28 was duly and legally published in the time, form and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and 'dHEREAG, after the adoption thereof, notice of the passage Of said Resolution of Intention, headed "Notice of Improvement", was duly and legally posted in the time, form, manner, location, anJ number as required by law, as appears from the Affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property • proposed to he assessed for the improvements described in said Resolution of Intention No. 85-28, affording to the names and addresses of such own er•s as the same appears on the last mailing or as known to the City Clerk of the City of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duty received considered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the Dublic interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 86-28, be done and made; and SECTION 2: The Report filed by the Engineer is hereby finally approved; and SECTION 3: The assessments and method of assessment in the Engineer's Report are hereby approved. SECTION 4: The assessments shall not begin until after 60 percent of said tracts have been occupied. i~ rrmv nc veivrun rrceun~;na _.~~e..,. • • STAFF REPORT 'w '~Q' ~ ~ z" ~~~ _ ~ y~ I ~ ~y y~~y ~t} ~~ ` ~ W _ ~ 19" DATE: March 6, 1985 T0: Mayor and Memhers of the City Council FROM: Jack Lam, AICP, Community Development Director BY: Linda D. Daniels, Senior Redevelopment Rnalyst SUBJECT: HOUSI NG POLICIES REPORT FOR THE CITY OF RANCHO CUCANANGA AS RE QUIRED BY SECTION 03R OF THE INTERNAL REVENUE CODE. The Housing Policies Report for the City of Rancho Cucamonga has been prepared in conformance with the 1984 Tax Reform Rct amendments pertaining to Residential Mortgage Revenue Bond Programs. This Act specifies that any issuer of a bond program must adopt a Housing Policies Report prior to March 11, 1985, in order to be a61e to issue said program in 1985. Since the City is expecting to issue a 1985 Bond Program of approximately $54,000,000.00, it is necessary to review and adopt the required Housing Policies Report prior to the stated deadline. The Report and its policies have been prepared pursuant to the minimum required guidelines established by the Internal Revenue Code. For your convenience a synopsis of Section 103A of the Cade, prepared by Jones, Hall, Hill and White is attached. This synopsis outlines the required contents and general format of the Report. Ms. Sharon White of Jones, Hall, Hill and White, co-bond counsel for the 1985 Issue, has reviewed the City's Housing Policies Report and has stated that the Report is in compliance with the requirements of Section 103A of the Code. This Report has been noticed and scheduled as a public hearing as required by the Internal Revenue Code. It is necessary for Lhe Council to receive all public testimony, both oral and in writing, and incorporate the testimony into the Report. The Council must also direct the City Clerk to make copies available to the Dublic and to file a copy of the entire report with the Internal Revenue Service Center. These procedural requirements are also outlined in the attached Housing Policies Report synopsis. /S'~ RECOMMENDATION: Staff recommends that the Nousing Policies Report for the City of Rancho Cucamonga be approved by adopting the attached Resolution. Respectfully submitted, COMMUNITY ~DE±VELOPMENT DEPARTMENT LJJ ~i~,~ L°vP h ~ ~ ~ Jack Lam, AICP Community Development Director JL :LD:cv Attachments; Housing Policies Report Resolution of Approval Housing Policies Report Synopsis • • / ~ '~ CITY OF RANCHO CUCAMONGA EMPLOYER IDENTIFICATION NUMBER 95-3213002 POLICY REPORT UN OER SECTION 103A • ~s 9 HOUSING POLICIES REPORT • A. GENERAL - On duly 18, 1984, Congress enacted into law the iax Reform Act 00 9fT84. This Act imposed certain requirements on issuers of qualified single family mortgage bonds and mortgage credit certificates. One of these requirements is that issuers publish a statement of their policies with respect to housing, development, and low income housing assistance and report on their compliance, for the one year period preceding the date of the report, with the intent of Congress that qualified mortgage bond issues and mortgage credit certificates give priority to families other than those with high income to afford home ownership before assisting higher income families. In order to qualify for a federal tax exemption for interest on qualified mortgage bonds to be issued in 1985, this statement will be published prior to March 11, 1985. As the City of Rancho Cucamonga plans to issue qualified single family mortgage bonds in 1985, the following report is being published in order to comply with the requirements of the Tax Reform Act of 1984 and the regulations thereunder. B. POLICIES AllO GOALS B(1) Housing Policies and Goals - The California State Legislature has found and declared that: there exists within the State of California a serious • shortage of decent safe and sanitary housing which is affordable to many persons in the state. This shortage is exacerbated during periods of rising interest rates, particularly as high interest rates have the effect of diminishing the number of otherwise credit worthy buyers from qualifying for private sector mortgage capital sources. In order to remedy this adverse effect on potential home buyers on the lower end of the purchasing spectrum, it is necessary to implement a public program to reduce the cost of mortgage financing for single family purchases for those persons unable to compete for mortgage financing in the conventional mortgage market. (California Health and Safety Code - Section 52001.) The California State Legislature has additionally found and declared that: it is necessary and essential that counties and cities 6e authorized to directly and indirectly make long-term, low- interest Loans to persons not presently eligible for financing through private sector lending institutions to finance construction, rehabilitation, and acquisition of homes in order to encourage investment and local upgrade areas. (California Health and Safety Cade - Section 52002.) \J -2- /60 • The City of Rancho Cucamonga plans to issue qualified single family mortgage bonds in 1985 in furtherance of the abgve- stated policies of the California State legislature and in conformance to the following policies and goals: (i) Use of Proceeds - The proceeds of the bonds will be used to finance the acquisition of residences. (ii) Tarqetinq of Proceeds Lo Housing Tvoe - The proceeds of the bonds will be targeted to new housing. (iii) Determination for need far targeting - The City of Rancho Cucamonga has determined the need for targeting the bond proceeds for use in the acquisition of new homes hased on the above stated excerpts of Sections 52001, and 52002 of the California Health and Safety Code as well as the City's adopted 1984 Housing Element. (iv) Method of Tarqetinq Proceeds - In order to insure that the bond proceeds are used to assist families in the acquisition of new homes, the monies will be made available to • only those developers with projects which are newly constructed and not occupied, under construction, or anticipated for construction during the bond program. (v) Other ertinent infgrmatf on - Due to the avai ahi ity of the bond program, the City does not intend to issue a mortgage credit certificate program, because they would, 6y necessity, be directed to higher income persons than the housing bond program. In addition, the mas ority of the housing rehabilitation efforts are coordinated through the City's Community Development Block Grant Program. (vi) Hous in Policies Coordination - The housing policies stated here nabove are in conformance with the Rancho Cucamonga 1984 Housing Element of the General Plan which includes program 5.1, which states "administer and continue to develop residential mortgage bond programs whereby low interest loans can 6e issued to first time home buyers, earning at or below 120% of the established median income level". The Housing Policies set forth above conform to the Development policies and the law Income Housing Assistance policies stated herein. -3- /~/ B(2). Development Policies and Goals -The California State • Legislature has found and declared that there exists within the State of California, a serious shortage of decent safe and sanitary housing, which is affordable to many persons in the state. This shortage is exacerbated during rising interest rates, particularly as high interest rates have the effect of diminishing the number of otherwise credit worthy buyers from qualifying for private sector mortgage sources. In order to remedy this adverse effect on potential home huyers or. the lower end of the purchasing spectrum, it is necessary to implement a public program to reduce the cost of mortgage financing for single family purchases for those persons unable to compete for mortgage financing in the conventional mortgage market. (California Health and Safety Code - Section 52001) The California State Legislature has additionally found and declared that it is necessary and essential that counties and cities be authorized to directly and indirectly make long-term, law- interest loans to persons not presently eligible for financing through private sector lending institutions to finance construction, rehabilitation, and acquisition of homes in order to encourage investment and upgrade local • areas. (California Health and Safety Code - Section 52002) The City of Rancho Cuca^~onga plans to issue qualified single family mortgage bonds in 1985. In furtherance of the above- stated policies of the California State Legislature and in conformance to the following policies and goals: (i) Targeting proceeds to areas - All of the proceeds of the bonds will be targeted for specific areas and developments in the City of Rancho Cucamonga. (ii) Description of Target Areas - The target areas include only those lands designated for residential development as identified by the land use map of the General Plan of the City of Rancho Cucamonga. These residential designations may include land suitable for either single family detached or attached dwelling units, but in no case will converted multiple family projects he included as part of a target area. • -4- /01 (iii) Selection of Target Areas -The City of Rancho • Cucamonga has chosen undeveloped and developing residentially designated land far its bond target area, since these lands will .maximize the use of ±he proceeds for the acquisition of new homes. (iv) Use of Targeted Proceeds - The proceeds of the bonds which will be targeted to the areas described in (ii) above will be used to finance the acquisition of new construction. (v) Other Pertinent Information - The City of Rancho Cucamonga has no other pertinent information to state with respect to these development policies regarding bond proceeds. (vi) Development Policies Coordination - The development policies stated hereinabove are in conformance with both the Housing Element and the General Plan since only those lands designated for residential land use shall be eligible to utilize the proceeds of the bond program. These stated development policies are also in conformance with the Housing Elements law income housing assistance policies in that residentially designated lands, on a city wide • basis, are a61e to participate in the program which will help to avoid over concentration of families of low-income in any one project or area. The Development Policies set forth above conform to the Housing Polities and the Low Income Housing Assistance Policies stated herein. B(3). Low Income Housing Assist ante Policies and Goals To insure that qualified mortgage bond issues assist lower income families to afford home ownership, California law provides that a city or county that administers a home financing program must establish criteria for qualification for persons and families for participation in such a program. The criteria must include a maximum household income, which maximum shall not exceed 150X of Statewide median household income, (A) Statewide median household income, (B) County wide median household income, or (C) Median household family income for area as determined 6y the United States Department of Urban Development), for mortgagors who will 6e the first occupant of a home, and one hundred twenty percent of the median household income for mortgagors who will not be the first occupant of a home (except that the City or County must assure that no less than twenty percent of such funds shall be for households whose income does not exceed one hundred ten percent -B- /~ 3 of the median household income, unless the legislature body of the • City or County makes certain findings). California Health and Safety Code - Section 52020(d). In additien, to obtain a supplementary allocation of qualified mortgage bonds from the California Mortgage Bond Allocation Cemmi ttee, proceeds of qualified mortgage bonds issued with such supplementary allocation must be used to provide mortgages to persons and families whose incomes do not exceed one hundred twenty percent of the median household income for mortgagors who will be the first occupant of a home and median household income far mortgagors who will not be the first occupant of a home (except that the issuer shall assure that no less than one half of such funds shall be for households whose income does not exceed eighty percent of such median household income, and provided that this limit may be increased to ninety percent of median household income if the legislative body of the issuer finds that there are insufficient numbers of creditworthy persons whose income does not exceed eighty percent of the median household income). (California Health and Safety Code - Section 50189(6)). The City of Rancho Cucamonga plans to issue qualified single family mortgage bands in 1985 in furtherance of the above-stated policies of the California State Legislature and in conformance to following policies and goals: (i) Targetino Proceeds According To Income -The City of • Rancho Cucamonga will target all of the bond proceeds in excess of the first $20,000,000.00 received for families moderate (50% to 80% of the established median income) and median - (meaning, 100% of the established median income) incomes. The median income is determined by the Se~.ret ary of Housing and Urban Development and means $26,104.00 as of Spring 1984. (ii). Method of Targetino Proceeds - The Cf ty of Rancho uc~~onga intends to use the method for targeting the bond proceeds to the income levels described in (i) above by encouraging the participating developers to use these bond proceed monies for financing lower cost housing. (iii) Other Pertinent Information - The City of Rancho Cucamonga has no other pertinent information to state with respect to these low income housing assistance policies regarding the bond program. (iv) Law Income Housine Assistance Policies Coordination - The housing assistance policies stated hereinabove are in conformance with the City's General Plan and • -6- /6Y • specically Program 5.1 of the adopted 1984 Housing Element. The low Income Housing Assistance Policies set forth above conform to the Housing Policies and Development Policies stated herein. C. COMPLIANCE WITH PREVIOUS REPORT The City of Rancho Cucamonga has not published a policy report under Section 103A prior to this policy report dated September 30, 1984. D. COMPLIANCE WITH INTENT Of CONGRESS For the purposes of this section, this report is dated September 30, 1984. On August 23, 1984, the City of Rancho Cucamonga issued single family residential mortgage bonds in the aggr agate principal amount of 527,825,000, (the 1984 bonds) in an effort to assist lower income families to afford home ownership. The following information is provided with respect to the 1984 Bonds: (1) Method of Distributing 1984 Bond Proceeds - The proceeds of the band were distributed to specific participating developers based upon their project feasibility, their ability to utilize money, the housing type and the cost of the home. • (2) Assistance to Low=- Income Families - Inasmuch as the bonds were sold in August, 984, the proceeds of the bonds have not been utilized by the participating developers to assist low and moderate income families in acquiring a new home. These 1984 bond proceeds will 6e used, however, to assist low and moderate income families in the acquisition of new homes during the 3 year life of the program. The method used by the City of Rancho Cucamonga to distribute the proceeds of the 1584 as described in (1) above was not designed to necessarily assist lower income families before assisting higher income families in acquiring a new home. (3) income Levels - A total of E19,836,049 is available to fund mortgage loans to those persons who earn between 0 and 120% of the established median income. A total of 55,147,887 is available to fund mortgage loans to only those persons who earn between 120% and 150% of the established median income. The City of Rancho Cucamonga has not issued any qualified mortgage bonds nor any mortgage credit certificates prior to the 1984 Bonds previously discussed. B. SUMMARY OF HEARING COMMENTS A public hearing on the proposed policy report was duly noticed and held March 6, 1985. The_ following comments were received: -7- /<.~ This report is submitted by the undersigned elected representative of the • City of Rancho Cucamonga. Jon Mikels, Mayor ATTSST: Beverly A. Authelet, City Llerk • • -8- /GS • RESOLUTION N0. f-3-66-28 8 s "n ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING HOUSING POLICY REPORT OF THE CITY OF RANCHO CUCAMDNGA UNDER INTERNAL REVENUE CODE SECTION 103A AND DIRECTING ITS PUBL ICAT[ON RESOL VEO, by the City Council of the City of Rancho Cucamonga, California, as follows: WHEREAS, Section 103A(j)(5) of the Internal Revenue Code of 1954, as amended, as implemented by proposed and temporary regulations of the Department of the Treasury, Section 6a.103A-2(1), requires the applicable elected representative of an issuer of qualified mortgage subsidy bonds to publish, after public hearing, a housing policy report; WHEREAS, this Council is the applicable elected representative of the City of Rancho Cucamonga which City proposes Lo issue in 1985 qualified mortgage subsidy bonds; WHEREAS, this Council has received a draft housing policy report dated September 30, 1984, and has reviewed each and every part thereof and this Council has conducted a duly noticed public hearing; and • WHEREAS, it is in Lhe public interest and for the public benefit that said housing policy report be approved and published; NOW, THEREFORE, it is hereby ORDERED and DETERMINED as follows: 1. The City Manager of the City is hereby authorized and directed to prepare a summary of the comments made at the aforesaid public hearing and to cause said summary to be included as a part of the Polity Report under Section 103A. 2. The report of the City of Rancho Cucamonga entitled, "P O1 icy Report Under Section 103A", and dated September 30, 1984, is hereby approved with the inclusion of said summary of comments. 3. The Mayor of the City, as a member of this Council, is hereby authorized and directed to execute said report on behalf of this Council as the duly elected representative of the City. 4. This Council does hereby publish the Report by authorizing and directing the Ci*.y Clerk, and the City Clerk is hereby so authorized and directed, to make said Report available in the Office of the City Clerk for distribution to the public. /G7 Resolution No. P-3-06-2R Page 2 The City Clerk of the City is hereby authorized and directed to file the Report with the Internal Revenue Service at the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. PASSED, APPROVED, and ADOPTED this 6th day of MARCH, 1985. AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: Beverly A. Authelet, City Clerk • • • ~:e HOUSING POLICIES REPORT Section 103A(j)(S), as added by Section 671 of the Tax Reform Act of 1984, requires the filing with the Internal Revenue Service of a housing policies report prior to the issuance of qualified mortgage bonds. The substantive and procedural requirements pertaining to such a report are set forth in proposed and temporary regulations section 6a.103A-2(1) antl are more particularly described below: I. Content of Report A. Cover Page. The cover page of the report must contain the name of the issuer of the proposed issue of qualified mortgage bonds during the forthcoming year, the tax identification number ("EIt) Number") of such issuer, and the title, "Policy Report Under Section lo3A." B. General Content. The report must contain four sections: (1) a statement of policies and goals regarding housing, development, and low-income housing assistance; (2) an assessment of compliance with prior report; C3> an assessment of compliance with Con gresst pool intent; and (4) a summary of comments received at public hearing. These sections are discussed below. • (1) Policy Statement. The policy statement section Is to be divided into three parts, the first to discuss policies and goals re and i_g__~g, the second to discuss poli cl es and goals raga rding development and the third to discuss op licies and goals regarding low-Income housinq a«i;tanc p, These parts are-d'i scussed below. (A> The statement as to housing policies and goals must include a statement as to (i) whether the proceeds of the proposed issue of bonds w111 be used to provide financing for acquisition of residences, to provide qualified home improvement loans, or to provide qualified rehab111tat1on loans; (H) whether all or a portion of the proceeds will be targeted to new, existing, or any other particular class or type of housing; (tit) how the existence of a need or absence of a need for such targeting has been determined; (iv) the method by which the proceeds of the proposed bonds will be targeted; (v) any other pertinent informs tl on relating to the issuer's housing policies; and (vi) how the housing policies related to the issuer's development and low-income housing assistance policies. F J ~y (B) The statement as to development policies and aoais • must loll ude (i) a 5ta teme nt as to whether all or a portion of the proceeds will 6e targeted to specific areas (including targeted areas as described in the law>; (ii> a description of the areas to which the proceeds wi 17 be targeted; (iii) a summary of the reasons for selecting such areas; (iv) a statement ai to whether proceeds targeted t0 each area are to be used to finance redevelopment of existing housing or new construction; Cv) any other pertinent information relating to the issuer's development policies; and (vi) a statement as to how the development policies relate to the issuer's housing and low-income housing assistance policies. (G The statement as to low-income hou si na assistance policies and ooals must include a statement as to (i> whether all or a portion of the proceeds of the proposed bonds will he targeted to low-income (meaning, SOX of median income), moderate-income (meaning, 80X of median income) and median-income (meaning, 100X of median income) families; (ii) the method by which the proceeds will be targeted to such families; (iii) any other pertinent information relating to the issuer's low-income housing policies; and (1v) how the low-income housing assistance policies relate to the issuers housing and development policies. (The term "family" means two or more persons related by blood, marriage, or operation of law. The term "median income" means the median income for the area, as tletermined with adjustments for smaller and • larger families by HUD.) (2) Assessment of Compliance with Prior Report. The sec tf on constituting an assessment of compliance with the prior report must assess the compliance of the issuer during the twelve-month period ending with the "date of the report" (see below) with the statement of housing, development, and low-income housing assistance policies with respect to qualified mortgage bonds and mortgage credit certificates that were set forth in the report, If any, publf shed in the preceding year, including a statement as to whether the issuer successfully implemented its policies and achieved its goals and, if not, an analysis of the reasons for such failure. The term "date of the report", for the purpose of the above paragraph, means the last day of the twelve-month period for which such assessment of compl lance is made. The date of the report must be the last day of September, October, or Novemher, and an issuer must use the same date of the report fn each year. The "date of the report" for the purpose of the assessment of compliance is not the date that the report is published or filed. -2- • /7~ • (3) Assessment of Compliance with Intent of Congress. The section mnstituti nq an assessment of compliance with the intent of Congress must assess the compliance of the issuer during the twelve-month period ending with the "date of the report" (see below) with "the intent of Congress that State and local government are expected to use their authority to issue qualified mortgage bonds and mortgage credit certificates to the greater extent feasible (taking into account prevailing interest rates and conditions in the housing market) to assist lower income families to afford home ownership before assisting higher income families." This section must include a description of (1) the method used by the issuer to distribute proceeds of bonds, (2) whether and how that method enabled the issuer to assist lower income families before higher income families, and (3) any income levels that have been defined and used by the issuer in connection with the distribution of the proceeds. (No specific definition of lower and higher income is imposed by the law on issuers.) The term "date of the report" has the same meaning for this section of the report as above-described for the preceding section. (4) Summary of Comments. This section of the report must Contain a summary of the Comments on the proposed report which were received at the public hearing described below. • II. Procedural Requirements. A. Responsible Parties (1) Author of Report. The report is the report of the proposed Issuer of the bonds or the governmental unit on whose behalf bonds are to be Issued. (2> Publf Sher of Aeport. the report must be "published" (see below) by the "applicable elected representatt ve" of the governmental unit which is the issuer of the bonds or the unit on whose behalf bonds are to be issued. The applicable elected representative of a city is the city council; the applicable elected representative of a county is the board of supervt sors, the appiicable elected representative of a redevelopment agency or housing authority is the City council of the city in which the redevelopment agency or housing authority is located, or, in the rase of a county redevelopment agency or a county housing authority, the hoard of supervisors of the county in which the redevelopment agency or housing authority is located. -3- / 7/ (3) Nolder of the Heari ng. While "compliance with State • procedural requirements will generally assure that the hearing satisfies the re quiremen{s," the hearing may de conducted by any individual appointed or employed to perform such function by the government unit, its agencies or the issuer. As a general proposition, therefore, the hearing should be held by the applicable elected representative which is to be the publisher of the report. (4) Multiple jurisdictions. With respect to the author of the report, a single report may be filed in the case of an issuer that issues qualified mortgage bonds on behalf of two or more governmental units (such as a joint powers du thori ty), but in such event, the report must be signed either by the applicable elected representative of each governmental unit on whose behalf obligations have been issued during any preceding ca lentlar year, or by the Governor of the state in which the Issuer is located. With respect to the hearing, if an issuer issues bonds on behalf of two or more governmental units, each governmental unit on whose behalf qualified mortgage bonds were Issued during the preceding calendar year and each governmental unit on whose behalf the issuer reasonably expects to issue qualified mortgage bonds during the succeetli ng calendar year must hold a public hearing. A mul tipte jurisdiction issuer may hold a combined lie aring if the . combined hearing is a joint undertaking that provides all residents of the partfcipa ting governmental units a reasonable opportunity to 6e heard. The location of a Combined hearing is presumed to provide reasonable opportunity for all affected residents to be heard if it is no farther than 100 miles from the seat of government of each participating governmental unit beyond whose jurf sdiction the hearing is to be he id. B. Public Wearing. (1) Notice. (A) The hearing must be preceded by notice published once in a newspaper of general circulation within the boun dam es of the issuer not less than 14 full daYS before the he aring. (Thus, if the notice fs published on tlay one, then the hearing may 6e held on day fifteen.) (B) the notice of hearing must contain the following information: ( U the time and place for hearing; (ii) any applicable limitations regarding participation in such hearing; (f ii) the manner In which affec tetl red den is may obtain copies of the proposed report prior to the hearing; and (iv) a description, In brief and summary terms, of the report. r~ -4- ~7v • (2) The Hearing. The hearing must be a "forum providing a reasonable opportunity for interest intli vidu als to express the`' view both orally and in writing on the report that the applicable elected representative proaoses to publish. Local hearing pro[edures apply. Reasonab ie requirements on persons who wish to participate may be imposed (Such a requirement that remarks 6e limited to 10 minutes). The applicable elected representative need not be present at the hearing. 8. Publicatlon of Report. The report must he published after a public hearing foilowi ng reasonable public notice. "Publication"for the purposes of this requirement means making copies of the reDOrt available for distribution to the public. Reasonable public notice of the manner in which copies of the report may be Obtained must be provi tletl and such notf ce may be inciudetl as a part of the notice of public hearing. C. Filinq of Report. After hearing and pu bl icaN on of the report, the report must be filetl with the internal Revenue Service Center, Philadelphia, Pennsylvania 19255. The filing of the 1984 report must take place not later than March 11, 1985. The filing of subsequent reports must take place not later than the end of the year (December 31) prior to the year in which qualif ted mor tgage bonds are proposed to be issued. • D. Summary of Procedure. Thus the applicable procedure iz as follows: (i) Preparation of report. (ii) Publication of notice of hearing (iii) Holding of hearing (iv) Approval of report by applicable elected representative. (v) Publication (making available to the public) of the report. (vi) Filing of the report. -8- i73 • CITY OF RAtiCHO CtiCA~10tiGA c~uNO , STAFF REPORT 2?~i ~,, ~~> 7z * t 4~' OATS: March 6, 1985 T0: Mayor and Members of the City Council FROM: Jack Lam, AICP, Community Development Director BY: Linda D. Daniels, Senior Redevelopment Analyst SUBJECT: HOUSING POL ICiES REPORT FOR THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA AS REpUI RED 6'i SECTION 0 A OF THE INTERNAL REVENUE CODE. The Hous inq Policies Report for the Redevelopment Agency of the City of Rancho Cucamonga has been prepared in conformance with the 1984 Tax Reform Act amendments pertaining to Residential Mortgage Revenue Bond Programs. This qct specifies that any issuer of a band program must adopt a Housing Policies Report prior to March 11, 1965, in order to be able to issue said program in 1985. Since the Agency, through a Joint Exercise of Powers Agreement, is expzcting to issue a 1985 Bond Program of approximately $6,000,000.00, it is necessary to review and adopt the required Housing Policies Report prior to the stated deadline. Although this Report identifies the housing policies for the Redevelopment Agency Mortgage Revenue Bond Program, federal requirements specify that the City Council is the applicable elected representative of the Agency. For this reason, the City Council is the proper legislative hody to review and approve the Housing Policies Report for the Redevelopment Agency of the City of Rancho Cucamonga. The Report and its policies have been prepared pursuant to the minimum required guidelines established by the Internal Revenue Ccde. For your convenience a synopsis of Section 103A of the Code, prepared by Jones, Hall, Hill and White is attached. This synopsis outlines the required contents and general format of the Report. Ms. Sharon White of Jones, Hall, Hill and White, co-bond counsel for the 1985 Issue, has reviewed the Agency's Housing Policies Report and has stated that the Report is in compliance with the requirements of Section 103A of the Code. i7Y u This Report has been noticed and scheduled as a public hearing as required by the Internal Revenue Code. It is necessary for the Council to receive all public testimony, both oral and in writing, and incorporate the testimony into the Report. The Council must also direct the City Clerk to make copies available to the public and to file a copy of the entire report with the Internal Revenue Service Center. These procedural requirements are also outlined in the attached Housing Policies Report synopsis. RECOMMENDATION: Staff recortmends that the Nous ing Policies Report for the Redevelopment Agency of the City of Rancho Cucamonga 6e approved by adopting the attached Resolution. Respectfully submitted, COMMUNITY DEVELOPMENT DEPARTMENT -~°'~_ Jack Lam, AICP Community Development Director JL:LD:ty Attachments: Housing Policies Report Resolution of Approval Housing Policies Report Synopsis U • 1r7~ REDEVELOPMENT AGENCY OF THE CITY Of RANCHO CU CAMONGA EMPLOYER IOE NTIFICATIOtI NUMBER: BEING APPLIED FOR POLICY REPORT UNDER SECTION 103A • /'~ b REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCA5101JGA • HOUS ItIG POLICIES REPORT GENERAL - On duly 18, 1984, Congress enacted into law the Tax Reform Act of 1984. This Act imposes certain requirements on issuers of qualified single family mortgage bonds and mortgage credit certificates. One of these requirements is that issuers publish a statement of their housing policies with respect to housing, development, and low income housing assistance and report on their compliance, for the one year period preceding Lhe date of the report, with the intent of Congress that qualified mortgage bond issues and mortgage credit certificates gi•!e priority to families other than those with high income to afford home ownership before assisting higher income families. In order to qualify for a federal Lax exemption for interest on the qualified mortgage bands to be issued in 1985, this statement must be pu 6lished prior to March 11, 1985. As the Redevelopment Agency of the City of Rancho Cucamonga (the "Agency") plans to issue qualified single family mortgage bonds in 1985, the following report is being published in order to comply with the requirements of the Tax Reform Act of 1984 and the regulations thereunder. B. POLICIES AND GOALS e(1) Hous inG Policies and Goals - The California State Legislature has found and declared that: • it is necessary and essential that redevelopment agencies be authorized to make long-term, low-interest loans through qualified mortgage lenders to finance residential construction in order to encourage investment and upgrade redevelopment project areas and increase the supply of housing. (California Health and Safety Code Section 33750.) the California State Legislature has additionally found and declared that: a program to provide residential construction financing would accomplish the following: (a) Facilitate increasing the supply of urban housing and ease the housing shortage that exists in many parts of the state. (California Health and Safety Code Section 33751.) The Agency plans to issue qualified single family mortgage bonds in 1985 in furtherance of the above-stated polcies of the California State Legislature and in conformance to the following policies and goals: • _z_ l7~ - (i) Use of Proceeds -The proceeds of the bonds will be use to finance the acquisition of - residences. (ii) Tarqetinq of Proceeds to Housing Type - The proceeds of the bonds will be targeted to new single family housing. {iii) Determination of Need for Targeting -The Agency has determined the need for targeting the bond proceeds for use in the acquisition of new homes based on the above stated excerpts of the California Health and Safety Code as well as the City's adopted 1984 Housing Element. (iv) Method of Tarqetinq Proceeds - In order to insure that the bond proceeds are used to assist families in the acquisition of new homes, the monies will 6e targeted Lo those developers with projects which are newly constructed and not occupied, under construction, or anticipated for construction during the bond program. (v) Other Pertinent Information - Due to the availability of the bond program, the Agency does not intend to issue a mortgage credit certificate program, because t`iey would, by • necessity, be directed to higher income persons than the housing bond program. In addition, the majority of the housing rehabilitation efforts are coordinated through the City's Community Development Dlock Grant Program. (vi) Housing Policies Coordination - The housing policies stated hereinabove are in conformance with the Rancho Cucamonga 1984 Housing Element of the General Plan which includes program 5.1, which states "administer and continue to develop residential mortgage bonds whereby lower interest loans can be issued to first time home buyers, earning at or below IZO% of the established median income level". The Housing Policies set forth above conform to the Development Policies and the Low Income Housing Assistance Policf es stated herein. 8 (2). Deveto ment Policies and Goals -The California State Legislature has found and dec ared that: it is necessary and essential that redevelopment agencies be authorized to make long-term, low-interest loans through -3- /7F qualified mortgage lenders to finance residential construction in order to encourage investment and upgrade redevelopment project areas and increase the supply of housing. (California Health and Safety Code Section 33750.) The California State Legislature has additionally found and declared that: a program to provide residential construction financing would accomplish the following: (a) Facilitate increasing the supply of urban housing and ease the housing shortage that exists in many parts of the state. (b) Stimulate urban building and construction activity and therehy increase urban employment and improve the urban tax base. (California Health and Safety Code Section 33751.) It is the intent of the Legislature, in enacting this chapter, to strengthen the vitality and promote the completion of urban redevelopment for the general public ben of it. (California Health and Safety Code Section 33752) The Agency plans to issue qualified single family mortgage bonds in 1985 in • furtherance of Che above-stated policies of the California State Legislature and in conformance to the following policies and goals: (i) Targeting of Proceeds to Areas - All of Lhe proceeds of the bonds will be targeted for specific areas and developments in the Rancho Redevelopment Project area. (ii) Descri Lion of Tar et Areas - The targer, areas include only those ands designated for residential development as identified by the land use map of the General Plan of the City of Rancho Cucamonga. These residential designations may include land suitable for either single family detached or attached dwelling units, but in no case will converted multiple family projects be included as part of a target area. (iii) Selection of Target Areas - The Agency has chosen undeveloped and developing residential designated land for its bond target area, since these lands will maximize the use of the proceeds for the acquisition of new homes. C~ -4- i~5 • (iv) Use of Targeted Proceeds - The proceeds of the bands which will be targeted for the areas described in (i i) above will be used to finance the acquisition of new construction. (v) Other Pertinent Information -The Agency has no other pertinent information to state with respect to these development policies regarding bond proceeds. (vi) Development Policies Coordination - The development policies stated hereinabo ve are in Conformance with both the Housing Element and the General Plan since only those lands designated for residential land use shall be eligible to utilize the proceeds of the band program. These stated development policies are also in conformance with the Housing Elements ho us in9 assistance policies in that residentially designated lands, located within the redevelopment project area, are able to participate in Lhe program which will help to avoid over-concentration of families of low- income in any one project or area. The Development Policies set forth above conform to the Housing Policies and the Low ;ncome Housing • Assistance Policies stated herein. B(3). low Income Housing Assistance Policies and Goals The Californ ia State Legislature has found and declared that a program to provide residential construction financing would accomplish the following: (b) Encourage Californians of all social and economic positions to re in habit urban areas, therby rendering these areas more socially balanced and economically self-sufficient. (California Health and Safety Code Section 33751.) In order to issue qualified single family mortgage revenue bonds, the Agency must apply to California Mortgage Bond Allocation Conmittee for an entitlement allocation. The entitlement allocation cannot exceed $20 million per year and imposes no income restrictions on prospective mortgagees. The Agency plans to issue qualified single family mortgage bonds in 1985 and in conformance to the following policies and goals; -8- i8~ (i) iargeting Proceeds According To Income - None of the • proceeds of the bonds will be targeted to low income families, moderate income families, or median income families. (ii). Method of Targeting Proceeds - The Agency does not intend to utilize any method to target the money to lower income families. (iii) Other Pertinent Information - The Rancho Cucamonga Redevelopment Agency has no ether pertinent information to state. (iv) Low Income Hous ing Assistance Policies Coordination - The anticipated 1985 Agency Bond Program is not expected to provide assistance to low and moderate income families. The 1985 Bond program will, however, in conjunction with the expected City issue, make available an expected $39,000,000 in bond proceeds specifically for these family categories. Thus, while the maximum $6,000,000.00 Agency bond program will not be available for persons making below 120% of the et ablished median income, lower income housing assistance will be coordinated through the joint 1985 City Of Rancho Cucamonga bond program. The Low Income Housing Assistance Policies set forth above conform to • the Housing Policies and Development Policies stated herein. C. COMPLIANCE WITH PREVIOUS REPORT The Agency has not published a policy report under Section 103A prior to this policy report dated September 30, 1984. D. COMPLIANCE WITH INTENT OF CONGRESS For the purposes of this section, this report is dated September 30, 1984. On August 23, 1984, the Agency issued single family residential mortgage bonds in the aggragate principal amount of $21,375,000, (the 1984 bonds) in an effort to assist lower income families to afford home ownership. The following information is provided with respect to the 1984 Bonds: (1) Method of Distributing 1984 Bond Proceeds -The proceeds of the bond were distributed to specific participating developers based on their project feasibility, ability to utilize money, the housing type and the cost of the home. (2) Assistance to Lower Income families -Inasmuch as the bonds were sod in August 98 , the proceeds of the bonds, to • -6- /8/ date, have not been utilized by the participating developers • to assist low and moderate income families in acquiring a new home. These 1994 bond proceeds will he used, however, to assist low and moderate income fannies in the acquisition of new homes, during the three year life of the program. The method used by the Agency to distribute the proceeds of the 1984 bond issue as described in 1 above, was not designed necessarily to assist lower income families before assisting higher income families in acquiring a new hare. (3) Income Levels - A total of 84,084, 123 are available to fund mortgage loans to those persons who earn between 0 and 120% of the established median income. A total of 514,148,000 are av ai labie to fund mortgage Jonas to those persons who earn bove 120% of the established median income. On March 1, 1983, the Agency issued single family residential bonds in the aggregate principal amount of 536,200,OD0. (the 1983 bonds) in an effort Co assist lower income families to afford home ownership. As of September 30, 1984, approximately $22,215,375. of the bond proceeds remained available for use. The following information is provided with respect to these 1983 bands: (1) l4ethod of Distributing 1983 Band Proceeds. The proceeds of the bonds were distributed to specific participating developers based on their feasibility, their ability to • utilize the money, the housing type and the cost of the home. (2) Assistance to Ldwer Income Families. The method used by the Agency to distribute the proceeds of the 1983 bonds as described in (1) above was not designed necessarily to assist lower income famines before higher income families. To date, the proceeds of the 1983 bonds :ia ve provided financial assistance for home ownership to 10 moderate income families and 26 median income families in the acquisition of anew home. (3) Income Levels - Of the 822,215,315 remaining in the 1983 Band Program, approximately $9,166,687 is available to those families who earn between 0 and 120% of the established median income. The remaining amount, approximately b13,048,688, is available to those families who earn aDOVe 120% of the established median income. The Agency has not issued any qualified mortgage bonds prior to the 1983 Bonds previously discussed. The Agency has not issued mortgage credit certificates prior to the date of this policy report _7. Tar B. SUhU1ARY OF NEARING COMMENTS • A public hearing on the proposed policy report was duly noticed and held March 6, 1985. The following comments were received; This report is submitted by the undersigned elected representative of the Rancho Cucamonga Redevelopment Agency. Jon Mikels, Mayor ATTEST: Beverly A. Authelet, City Jerk • • -8- /83 • RESOL UT IO"1 N0. f-3-86~-}R ° = - r' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAI7CH0 CUCAMONGA APPROVING HOUSING POLICY REPORT OF THE REDEVELOPMENT AGENCY OF THE CITY OF RAWCHO CU CAP:ONGA UfIDER INTERNAL RE'J ENUE CODE SECTION 103A AND DIRECTING ITS PUBLICATION RESOLVED, 6y the City Council of the City of Rancho Cucamonga, California, as follows: 'AHEREAS. Section 103A{j)(5) of the Internal Revenue Code of 1954, as amended, as implemented by proposed and temporary regulations of the Department of the Treasury, Section 6a. 103A-2(1), requires the applicable elec*. ed representative of an issuer of qualified mortgage subsidy bonds to publish, after public hearing, a housing policy report; 'WHEREAS, this Council is the applicable elected representative of the Redevelopment Agency of the City of Rancho Cucamonga which Agency proposes to issue in 1985 qualified mortgage subsidy hon ds; WHEREAS, this Council has received a draft housing policy report of said Agency dated September 30, 1964, and has reviewed each and every part thereof and this Council has conducted a duly noticed public hearing; and • WHEREAS, it is in the public interest and for the public benefit that said housing policy report be approved and publishes; NOW, THEREFORE, it is hereby ORDERED and DETERMINED as follows 1. The City dlan ager of the City is hereby authorized and directed to prepare a summary of the comments made at the aforesaid public hearing and to cause Said summary to be included as a part of the Policy Report under Section 103A. 2. The report of the Rancho Cucamonga Redevelopment Agency entitled, "P O1icy Report Under Section 103A", and dated Septemher 30, 1984, is hereby approved with the inclusion of said summary of comments. 3. The Mayor of the City, as a member of this Council, is hereby authorized and directed to execute said report on behalf of this Council as the duly elected representative of the Agency. 4. This Council does hereby publish the Report by authorizing and directing the City Clerk, and the City Clerk is hereby so authorized and directed, to make said Report available in the Office of the City Clerk for distribution to the public. /ay Resolution No. P-3-06-1R Page 2 • 5. The City Clerk of the City is hereby authorized and directed to file the Report with the Internal 4 evenue Service at the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. PASSED, APPROVED, and ADOPTED this 6th day of MARCH, 1985. AYES: NOES: ABSENT: Jan D. Mikels, !4ayor ATTEST: • Beverly A. Authelet, City Clerk r~ L ~QS HOUSING POLICIES REPCRT Section 103A(j )(5), as added by Section 611 of the Tax Reform Act of 1984, requires the filing with the Internal Revenue Service of a housing policies report prior to the issuance of qualified mortgage bonds. The suhstanti ve and procedural requirements pertaining to such a repot are set forth in proposed and temporary regulations section 6a.103A-2(1) and are more par tl cut arty described below: I. Content of Report A. Cover ?age. The cover page of the report must contain the name of the issuer of the proposed issue of qualified mortgage bonds during the forthcoming year, the tax identification number ("EID Numoer") of such issuer, and the title, "Policy Report Under Section 103A." B. General Content. The report must contain four sections: (1) a Statement of poi icies and goals regarding housing, development, and low-income housing assistance; (2) an assessment of compliance with prior report; (3> an assessment of compliance with Congressional intent; and C4) a summary of comments received at public hearing. These sections are discussed below. . (U Policy Statement. The policy statement section is to he divided into three parts, the first to discuss policies and goals re ardin h 'ng, the second to discuss policies and goals regard~cn development and the third to discuss policies and goals regards ng tow-Income housi na assistance. These parts are isc ussed below. CA) The statement as to housing policies and goals must include a statement as to (i) whether the proceeds of the proposed issue of bonds will be used to provide financing for acqutsi tion of residences, to provide qualified home improvement loans, or to provide qualYf ted rehabilitation loans; (fi) whether all or a portion of the proceeds wi it be targeted to new, existing, or any other particular class or type of housing; (111) how the existence of a need or absence of a need for such targeting has been determined; (iv) the method by which the proceeds of the proposed bonds will be targeted; Cv) any other pertinent Information relating to the issuer's housing policies; and (vi) how the housing policies related to the issuer's development and low-income housing assistance policies. FJ B !e (B) The statement as to developme r.t policies and ooals • must include (i> a statement as to whetner all or a portion of the proceeds will be targeted to specific areas (including Large tetl areas as tlescr; bed in the law); (ii) a description of the areas to which the proceeds wilt he targeted; (iii) a summary of the reasons for selecting such areas; (iv) a statement as to whether DYOCe etls targeted to each area are t0 be used to finance redevelopment of existing housing or new construction; (v) any other per tf nent information relating to the issuer's development policies; and (vi> a statement as to how the development policies re Late to the issuer's housing and iow-income housing assistance policies. (C) The statement as to low-income housino assistance Qolicies and coals must include a statement as to (i) whether ail or a portion of the proceeds of the proposed hoods will be targeted to low-income (meaning, SOX of median income), moderate-income (meaning, 80X of median income) and median-income ime aping, IOCX of median income) families; (ti) the method by which the proceeds will be targeted to Such families; (iii) any other pertinent information relati nq to the issuer's low-income housing policies; and (iv) how the low-income housing assistance policies relate to the issuers housing and development policle s. (The term "family" means two or more persons related by blood. marriage, or operation of law. The term "median income" means the median income for • the area, as determined with ad; ustmen is for smaller and larger families by HUD.) :2) Assessment of Compliance with prior Re Dort. The section cons tt Luting an ar essment of compliance with the prior report must assess the compliance of the issuer during the twelve-month period ending with the "date of the report" (see below) with the statement of housing, development, and iow-income housing assistance policies ri th respect to qual ifietl mortgage bonds and mortgage credit certificates that were set forth in the report, if any, publishetl in the preceding year, Including a statement as to whether the issuer successfully implemen [ed its policies and achieved its goals and, if not, an analysis of the reasons for such failure. The term "date of the report", for the purpose of the above paragraph, means the last day of the twelve-month period for which such assessment of compliance Is made. The date of the report must 6e the last day of September, October, or November, and an issuer must use the same date of the report in each year. The "date of the report" for the purpose of the assessment of compliance Is not the date that the report is published or filed. -2- • /~'7 • (3) Assessment of Compliance with Intent of Cong ross. The section constituting an assessment of compliance with the intent of Congress must as>ess the compliance of the issuer during the twelve-month oeri od ending with the "date of the report" (See be'.ow) with "the intent of Congress that State and locai government are exoec ted to use their authority to issue qualified mortgage bonds and mortgage credit certificates to the greater extent feasible (taking into account prevailing interest rates and conditions in fie housing ma rKet) to assist iower income families to afford home ownership before assisting higher income families." This Section must incl utle a description of ( U the me *. hod used by the issuer to distribute proceeds of bonds, (Z) whether and how that method enabled the issuer to assist lower income families before higher income families, and (3) any income levels that have been defined and usetl by the issuer in connection with the distribution of the proceeds. (No specific definition of lower antl higher income is Imposed by the law on issuers.) The term "date of the report" has the same meaning for thts section of the report as above-described for the preceding section. (a) Summary of Comments. Thls Section of the report must Contdin a summary of the comments on the proposed report wnich were received at the public hearing described below. • II. Procedural Requirements. A. Res oonsibie Parties (i) Author of Report. The report is the report of the proposed issuer of the bonds or the governmental unit on whose behalf bonds are to be issued. (2> Publisher of Re ~Ort. The report must be "published" (see below) by the "a pplicabie elected representative" of the governmental unit which is the issuer of the bonds or the unit on whose 6e ha if bonds are to he issued. The applicable elected representative of a city is the city council; the applicable eiec ted representative of a county is the board of supervisors, the appll cable elected representative of a redevelopment agency or housing authority is the city council of the city in which the redevelopment agency or housing authority is locate tl, or, in the case of a county redevelopment agency or a county housing au thort ty, the board of supervisors of the county in which the redevelopment agency or housing authority is located. -3- !~? (3) Nolder of the Heari no. While "compliance with State • procedural requirements will generally assure that the hearing 5ati sfies the re pui rements," the hearing may be conducted by any indi vitlual appointed or employed to perform >uch function by the government unit, its agencies or the issuer. As a general proposition, therefore, the hearing should be held by the applicable elected reDre sentative which is to to the publisher of the report. (4) Multiple juri ;dictions. With respect to the author of the report, a single report may be filed in the case of an issuer that issues qualified mortgage bonds on be haif of two or more governmental units (such as a joint powers authority), but in such event, the report must 6e signed either by the applicable eiectetl representative of each governmental unit on whose behalf obligations have been issued during any preceding calendar year, or 6y the Governor of the state in which the issuer is located. With respect to the hearing, if an issuer issues bonds on behalf of two or more governmental units, each governmental unit on whose 6e half qualified mortgage bonds were issued during the preceding calendar year and each governmental unit on whose behalf the issuer reasonably expects to issue qualified mortgage bonds during the succeeding calendar year must hold a public hearing. A multiple jurisdiction issuer may hold a comhi ned hearing if the . combined hearing is a joint undertaking that prov+des all residents of the participating governmental units a reasonable opportunity to 6e he artl. The location of a combined hearing is presumed to provide reasonable opportunity for alt affected residents to he heard if it is no farther than 100 miles from the seat of government of each participating governmental unit beyond whose jurisdiction the hearing is to be held. B. Pubitc Hearing. (1) Notice. (A) The hearing must be preceded 6y notice published once in a newspaper of general circulation within the boundaries of the issuer not less than 14 full days before the hearin (Thus, If the notice is published on day one, then the hearing may be held on day fifteen.) (B> The notice of hearing must contain the following information: (i> the time and place for hearing; (11) any applicable limitations regarding participation in such hearing; (iii) the manner fn which affecteG residents may obtain copies of the proposed report prior to the hearing; and (iv) a desc ri ptl on, In brief and summary terms, of the report. C~ J -4- ~d~' ... .. ..._.. - • (2) The Hearing. The hearing must be a "forum providing a reasonable opbortunity for interest indivi duali to exo ress their v iew,bo th orally and in writing on the report that the applicable elected representative proposes to publish. Local hearing procedures apply. Reasonable requi rereent> on persons who wish to participate may he imposed (such a requirement that remarks be limited to 10 minutes). The appiicaole electeq representative need not be present at the hearing. B. Publication of Report. The report must be Dublished after a public hearing following reasonable public notice. "Publication"for the purposes of this requirement means making copies of the report available for tlistributi on to the puhtic. Reasonable public notice of the manner in which copies of the report may be obtai netl must be provided and such notice may be included as a part of the notice of public hearing. C. Filinq of Report. After hearing and publication of the report, the report must be filed with the Internal Revenue Service Center, Philadelphia, Pennsylvania 19255. The filing of the 1984 report must take place not later than March 11, 1985. The filing of subsequent reports must take place not later than the end of the year (December 31) prior to the year in which qualified mortgage bonds are proposed to be issued. D. Summary of Procedure. Thus the applicable procedure is az • follows: (1) Preparation of report. (ti) Publication of notice of hearing _ (iii) Holding of hearing (iv) Approval of report by applicable elected representative. (v> Pu blfcation (making available to the Dubtic) of the report. (vi) Filing of the report. -5- 190 - M E M O R A N D U M TO: Lauren M. Wasserman, City Manager FROM: Robert E. Dougherty, City Attorney DATE: February 27, 1985 RE: Ordinance Imposing Moratorium on the Establishment of Adult Businesses and Ordinance re Alcoholic Beverages Enclosed please find: (1) An Ordinance of the City of Rancho Cucamonga, Cali- for nia, Adopted Pursuant to Government Code Section 65858 to Impose a Moratorium on the Establishment of Adult Businesses, and Declaring the Grgency 'Phereof; and, 12) An Ordinance of the City of Rancho Cucamonga, Cali- • fornia, Amending Chapter 9.16 Thereof by Adding Section 9.16.020 Prohibiting Drinking Alcoholic Beverages in Public Places, RED:sjo Enclosures I~/ ORDINANCE N0. .~ 5 -' AN ORDINANCE OF THE CITY OF RANCAO CUCAMONGA, CALIFORNIA, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO IMPOSE A MORATORIUM ON THE ESTABLISHMENT OF ADULT BUSINESSES, AND DECLARING TAE URGENCY THEREOF The City Couocil of the Ci [y of Rancho Cucamonga, Calif ornie, dose ordai¢ ae foll we: SECTION 1: On December 7, L983 the City Council adopted Title 17 of Che Rancho Cucamonga Municipal Code oleo knovn as [he Development Code of the City of Rancho Cucamonga. Included among the prw ieions of the Devel opmenG code were pr ovieiona vhich limited "Adult Businesses" ae tboee businesses are defined in [he Development code to the general coo®erci al district. Addition lly section 17 .10.030(F) of the Devel oilmen[ Code established ce r[ain epe cial use regu lati ana pertaining to where adult buainesaee could be located within the general ca®ercial zone. Subsequent to the Ci ty'e adoption of Che Development Code certain de ciei one of the United States Courts of Appeal, vhi cfi struck down adult bueigees reetricti one in other juriedictioae, have cast out upon [he validity of the of oreeaid epe ci al use regu lati oee. Because of tfieee recent cases the Ci [y Couocil ie concerned about the validity of [he aforesaid • epe cial uee regulati one and de [ermiaee that it is nets eeary for the Planning Co®isei on to restudy the issue of vhere adult businesses should be pe twitted in the general commercial district ae well es vhe [h er adult bueine sees should be pe rmi[ted in Bay ocher zoning district of the City. SECTION 2; The City Council hereby finds Ghat the possibility chat [he City's epe ci al use regu leti one pertaining to adult bueine sees, contained in ae cti on 17 .10.030(P) of the Rancho Cucamonga Municipal Code might be frond unconeti tutional ae applied and uaenf or ceeble ie a current and immediate threat to the public health, eaf sty, and velfare. The City Council fur [her finds that [he approval of additioml subdivisions, uee permits, variances, building pe rm i[e, end any other applicable entitlement £oz uee which is required in order [o comply with a zoning ordinance would result in a threat to public health, eaf sty, or velfare. SECTION 3: This Ordinnce is enacted under the authority of Government Code Section 65558 and shall be of no further force and effect forty-five (45) days from its date of adoption un lees the City Council hoe extended this Grdinance in the manner prw ided in Section 65858. SECTION 4: The Eollw ing regu lotions are hereby Boa cted: A. "Adult bueineeaee", ae defined by the City of Rancho Cucamonga Development Code, are prohibited uses is all development di s[ric[e of the City. B. No permit Eor an "edu1C bueineee" shall hereof ter be issued, end no such 6u einees shall het oaf ter be eetab liefied is the City. /? 1 SECTION 5: Th ie Ordinance ie hereby declared to be an urgency • measure, and it shall take effect i®ediately upon ita adoption. SECTION 6: The Nayor nhall sign th ie Ozdi mnce end the City Clezk shall cause the ease to be pub liahed rithin fifteen (15) days after its passage at least once in The Deily Reoart, a nerapaper of general circulation Pu6liehed in the City of Ontario, California, nod circulated in [he City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED thin day of , 1985. AYES NOES: ABSENT: Joo D. Nikels, Hayor ATTEST: • Eeverly A. Authele[, Ci [y Clerk U /93 CITY OF RANCHO CtiCAMONGA ~c~A.tip ~' MEMORANDUM ' Date: February 28, 1985 O z ~ 2 To: CSty Council and City Manager _ _ I From: Dick Mayer, Park P'roje ct Coordinator S Ub JE C t: ApDr O`1 %- t0 AWdid d COnstYUC tIOn COn iYdCt t0 Ma t}ISS Environmental, Inc., Low Bidder, for the Soccer Fie Ld Lighting Project at Beryl Park (City Manager's Staff Peports - Stem A) Back ground: On 7a nuary 16, 1985, the City council au thorized the readvertisement for competitive bids for the Sns tai la ti on of soccer field 1l qh ti ng an Beryl Park after reiectinq the single bid previously received on the project because it signif icon tly exceeded the estimated cost for the project. As a result of the readvertisement on February 26, 1985, bids were received for the project from E our bidders (the attached sheet provides the project hid summary), with Mathis Fnvt ronnenta 1, Inc., of Rancho Cucamonga, submi ttinq the lowest responsible bid at 553,999. A lthough the low hid is approximately 8.31 above the consultant's estimate for the project of 545,000, it is recommended that the project be awarded to • Mathis Environments 1, Inc., as, after further evaluation, it appears the estimate is low and the hid is reasonable, The project, which provides for the ins tai La lion of soccer poles and 1lgh lion E fixtures previously purchased by the City, will slat include security It gh ling and an upgr ode in electrical services to meet the ex: sit nq and future needs of the park. Total cost for the project, includi nq the poles and fixtures previously purchased by the Ci[y, Edison connection services and the construction services for installation as bid by Mathis Environmental, Inc., will ne 513o,3aa.z4. Under an agreeme nt, dated November 8, 1984, between the City and the American Youth Soccer Asso cis lion (AY60) for the provision of soccer field ligh tl nq at the nark, AY50 is providing $50,000 in fundi nq foY the project. The remaining funds required to complete the project, 580,344.24, will he derived from the Park Development Fund. Also per the above me noon ed aq reement, when A.YBO utilizes the night-11 qh t1 n4 at a.he two soccer fields ac Beryl Park, they will pay for fifty (6011 pexcent of any elecixical operational roe is required t0 operate the fact ll tv. P er, om me nda'i nn IL Ls recommended that the. C1 ty Council award a construction contract to Mathis Environmental, Inc., as the lowest qualified hid der on this project, in the amount of 553,999 and authorize the funding from the Park Development Fund for the full contract amovn t, plus lot for contingency purposes. ~t~y C~ CITY OF RANCHO COCAMONGA S UMMAPY OF PA OPOSALS OY FNFD Project: Beryl Park Soc cez Field Ligh trnq Project Date: February 26,1905 Ranking Cons tZUC tiort Firm eid 1 Mathis Environmental $53,999 2 Seco Electric Co., Inc. $62,596 3 Younq Construction $68x800 q David-ASchards Electric $60x810 • • rrmv nc n w vrvn rr.r n nrnvn . STAFF REPORT DATE: March 6, 1985 T0: Mayor and Members of the City Council FROM: Jack Lam, AICP, Community Development Director BY: Linda D, Daniels, Senior Redevelopment Analyst SUB OECT: CONSIDERATION OF A RESOLUTION AUTHDR IZIN6 THE SALE OF THE 1985 HOME MORTGAGE REVENUE BONGS Li......w't' ~9 a ~ ~ ,~ 19:: ~ Ir. preparation of the completion of the 1985 City Mortgage Revenue Bond Program it is necessary for the City Council to approve of the sale of the bonds. The expected amount of the City issue is 553,727,000.00 and will include the involvement of eight (8j developers. • The attached Resolution under consideration would allow the sale of the Home Mortgage Revenue Bonds pursuant to the Bond Trust Indenture. The Resolution also acts to authorize execution of all other documents such as the conmitment contracts, the purchase agreemrn t, the Official Statement, the servicing agreement and other documents pertaining to the 1985 Home Mortgage Revenue Bond Program. The Preliminary Official Statement and a draft purchase contract will he delivered under separate cover prior to the meeting. The Compliance Agreement and Investment Agreement will be executed at the time of bond closing. RECOMMENDATION: Staff recommends that the City Council approve the sale of the 1985 Home Mortgage Revenue Bonds, in the amount of 553,727,000., by adopting the attached Resolution. Respectfully submitted, COMMUNITY DEVELOPMENT DEPARTMENT ~~~~,~ . Jack Lam, AICP Community Development Director ,7L :LD:cv Attachment /-% RESOLUTION N0. 13=96 =3}t` ~ - ~ -' A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE ISSUANCC OF NOT TO EXCEED E53,727,000 PRINCIPAL AMOUNT OF HOME MORTGAGE REVENUE BONDS, 1985 SERIES A, SUCH BONGS TO BE ISSUED PURSUANT TO A TRUST INDENTURE GATED AS OF MARCH 1, 1985, AUTHORIZING THE SALE OF SUCH BONDS, SUBJECT TO CERTAIN TERMS RND CONDITIONS, AND AUTHORIZING THE EXECUTION OF ANO APPROVING IMPLEMENTING AGREEMENTS, DOCUMENTS ANO ACTI ON$ HOME MORTGAGE REVNUE BONGS 1985 SERIES A RESOLVED, by the City of Rancho Cucamonga, as follows: WHEREAS, Chapters 1-5 of Part 5 of Division 31 of the Health and Safety Code of the State of California (herein called the "Act") authorizes cities and counties to issue revenue bonds for the purpose of financing home mortgages authorizetl by the Act, and the Act provides a complete, additional and alternative method for doing the things authorized thereby; • WHEREAS, pursuant to the Act, the City is authorized to carry out the public purposes described therein by issuing its revenue bonds to acquire home mortgages and by pledging such home mortgages as security for payment of the principal of and interest on such revenue bonds, and by entering into any agreements in connection therewith; WHEREAS, to alleviate the shortage of affordable residential housing facilities, and to provide capital for investment in such facii ities for low and moderate income families and persons within the City, the City has developed and implemented a home mortgage financing program (the "Program") with respect to (i) the issuance by the City of its Hdme Mortgage Revenue Bonds, 1984 Series A and the issuance of an additional series of bonds designated "Home Mortgage Revenue Bonds, 1985 Series A" (the "Bonds"), and (ii} the use of the proceeds of the Bonds by the City to purchase without recourse from one or more lending institutions (the "Lenders") certain home mortgages (the "Home Mortgages"), made to finance residential facilities intended for use as the permanent place of residence 6y persons of low and moderate income (the "Nomes"), which Home Mortgages are to be originated and serviced by the Lenders pursuant to one or more Home Mortgage Purchase Agreements and one or more Servicing Agreements (together, the "Agreements"); WHEREAS, the City and the developers of the Homes will enter into agreements (coilectively, the "Commitment Contracts"), for the purpose of setting forth, among other things, the terms and conditions pursuant to which the developers will deliver Home Mortgages for purchase by a trustee on behalf of the City and the City will reserve proceeds of the Bonds to provide funds for such purpose; -1- /.,.~ WHEREAS, the City has now determined to issue the Bonds and to enter • into a Trust Indenture (the "Indenture") to secure the Bonds by a pledge and assignment of the Home Mortgages, the proceeds of the Bonds, certain insurance proceeds, certain reserve funds, certain investment earnings on the proceeds of the Bonds and the revenues received from the Home Mortgages and its rights under the Comm tment Contracts and the Agreements; WHEREAS, Stone & Youngberg (the "Purchaser") has caused a draft of a Preliminary Official Statement relating to the Bonds to he submitted to the City, for approval for distribution to prospective purchases of the Bonds; WHEREAS, the Purchaser has submitted an agreement for the purchase of the Bonds (the "Purchase Contract") and it is desirable that the Bonds be sold at this time only, however, on the terms and conditions hereinafter provided; and WHEREAS, forms of the Indenture, the Agreements, the Commitment Contracts and the other necessary implementing documents have been presented to and reviewed by the City, with the aid of its staff, and such documents may now be conformed to the terms and requirements of the Purchase Contract and the finai Official Statement for the Bonds and be approved for execution in final form; NOW, THEREFORE, IT IS HEREBY ORDERED BY THE CITY COUNCIL OF RANCHO CUCAMONGA as follows: • 1. The City of Rancho Cucamonga Home Mortgage Revenue Bends, 1985 Series A in an aggregate principal amount not to exceed 853,727,000 are hereby authorized to be issued pursuant to the Act and the indenture, ~.rhi ch Indenture shall be dated as of March 1, 1985. The indenture, su 6st antially in the form as suhmitted to the City at this meeting, is hereby approved. The Mayor of the City, the City Clerk, to City Treasurer, the City Manager and other proper oft icers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Indenture in substantially said form, with such additions thereto or changes therein as such officers may approve, such approval to 6e conclusively evidenced by the execution and delivery thereof. The date, maturity dates, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms of the Bonds shall be as provided in the Indenture as finally executed. 2. The Preliminary Official Statement, substantially in the form as submitted to the City at this meeting, is hereby approved for distribution to prospective purchasers of the Bonds. The City Manager of the City is hereby authorized and directed, for and in the name and on behalf of the City, to execute a final Official Statement relating to the Bonds, setting forth such amendments and supPl emen is to the Preliminary Official Statement as shall be necessary or convenient to accurately describe the Bonds in accordance with this Resolution, the Indenture, Lhe Purchase Contract and the other Program agreements and documents. • -2' ~y7 3. The Purchase Contract for purchase of the Bonds, substantially _ in the form as submitted to the City at this meeting, is hereby approved. The City Manager of the City is hereby authorized and directed, for and in the name and on behalf of the City, to execute the Purchase Contract provided that all of the following conditions are met: (al the purchase price of the Bonds shall be not less than ninety- seven percent (91%) of the principal amount of the Bonds; (b) the Nome Mortgage Revenue Bond interest rate for any maturity shall not exceed eleven and one-half percent (11.50%); and (c) the Home Mortgage interest rate shall not ezc eed eleven percent (11.00%); provided that the Purchaser may make provision for adjustment of maturing amounts of principal and the maturity dates thereof in a manner which does not increase the effective interest rate of all Bonds above the specified annuai Nome Mortgage interest rate limitation above set forth. The City Manager of the City shall approve the final interest rates on and the final purchase price of the Bonds, as conclusively evidenced by his execution of the Purchase Contract. 4. The Commitment Contracts with the developers proposing to participate in the City's Program and the Home Mortgage Purchase Agreements • and the Servicing Agreements to be entered into 6y and among the City, the trustee for the Bonds and the lenders proposing to participate in the City's Program, substantially in the farms of such documents as submitted to the City at this meeting, are hereby approved. The City Manager of the City, each acting along, is hereby authorized and directed, for and in the name and on behalf of the City to execute the Foregoing documents with such additions thereto or changes therein as such officer ezecut ing the documents may approve, such approval to be conclusively evidenced by the execution and delivery thereof. 5. All actions heretofore taken by the officers and agents of the City with respect to the est ablS shment of the Program and the sale and issuance of the Bonds aro hereby approved, confirmed and ratified, and, upon execution of the Purchase Contract, the City Manager, the City Clerk, Lhe City Treasurer, the Mayor of the City and other appropriate City officers are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including, but not limited to, conforming of the existing Rules and Regulations for the Program to the other Program documents, securing bond insurance insuring the payment of principal of and interest on the Bonds, selecting Developers and Lenders for participation in the Program, selecting a trustee for the Bonds, and to execute and Aeliver any and all certificates, requisitions or agreements, including, but not liminted to, an agreement for investment of the proceeds of the Bonds and of the Nome Mortgages, a compiian ce agreement with a private mortgage insurer for the Program, those documents descrihed in the Purchase Contract and Sections 207(C), (0) and (E) and Section 211 of the Indenture, -B- ;' ~ 7 and such other certificates, requisitions or agreements which they, or any of them, may dean necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with the Purchase Contract, the indenture, the Official Statement, this Resolution and all related documents and in order to carry out the Program. 7. This resolution shall take effect from and after its adoption. + + : I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 6th day of March, 1985, by the following vote: AYES, Council Members: NOES, Council Members: ABSENT, Council Members: ATTEST: Beverly A. Authetet, City Clerk Approved as to form by Bond Counsel: CITY OF RANCHO CUCAMONGA • • -4- Z~D Hospital :rev lead 8-5-85 :baa RESOLUTION N0. A RESOLUTION OP TIIE CITY COUNCIL OP THE CITY OF RANCHO COCAMONCA, CALIFORNIA, SUPPORTING THE NEED FOR DEVELOPIffiNT OP A POLL SERVICE ACOTE CARE POSPITAL AND RELATED MEDICAL FACILITIES NHEREAS, [he Ci [y of Rancho Cucamonga hae experienced ezceptioml grwth war the last several years and is one of the faeces[ growing communi- ties in [he United Slates; and NHEREAS, the ci [izena of the City of Rancho Cucamonga do not preaenllq have access to a hospital within [heir own co®uni [y; and NHEREAS, the Inland Counties Health System Agency hae indicated a eh or Cage of hospital beds in [his area to meet the projected health care needs of 1990 and beyond; and NHEREAS, the coostructi on and operation of anew hospital and support facilities will prw ids hundred of jobs for residence of Rancho Cucamonga end surrounding communieies; and NON, TNEREPORE, BE IT RESOLVED, that the City Council of the City of Rancho Cucamonga hereby supports the need for comprehensive medical facilities within the City. BE IT FURTHER RESOLVED, [hat the preliminary plane eumitted by Repu6l is Nealth Corp. appear to meet that critical need. PASSED, APPROVED, and ADOPTED this 6th day of Mazch, 1985. AYES NOES ABSENT: Jon D. Mikele, Mayor ATTEST: Beverly A. Authele t, City Clerk .i jai-45(p ,~ ~'~ ~~' CITY OF RANCHO CUCAMONGA g ~;,k:\> vawrJnn D. 7likels _-__ -~ l'hules J. i{uyue{^ Jeffrr~hme ~~°~ Iiirhard ll. Ilahl Pamrla J.\\'neht May 14, 1984 Pete Peterson Crismar Homes P.O. Dox 2131 Santa Monica, CA 90406 SUBJECT: DESIGN REVIEW FOR TRACTS 9441 AND 11609 Dear Mr. Peterson The Planning Commission approved the above-described item at their meeting of May 9, 1984. Attached are copies of all documents pertinent to that approval. The decision of the Planning Commission is final following a fourteen (14) day appeal Deriod which began with the date of the CoiRnission's decision. Additionally, the Planning Commission expressed a concern regarding the equestrian rights for these tracts and were advised by the applicant that the CC&R's will not preclude the keeping of horses. If you have any questions, please feel free to contact our office at any time. Sincerely, COMMUNITY OEYELOPMENT DEPARTMENT PLANNING DIVISION .lan" ice Reynolds Planning Secretary /jr Attachment; Resolution 84-41 97x0 gA$El.ih'E ROAD. SUITEC Po3T nEEICE BOS 7o7 RA.\CIIO C'CCAMOYf,A. I'ALIFOgN1A 917J0 I71419g9.1851 REtO~gTIOY 30. 54-11 A RESOL'JTIOH OF THE ~4AIlCHD COCA?!OYGA PLAI7V I`1G COI+NISSIO`J A PPR O': I)1G DESIGY REVIPd FOR TRACTS 9441 AflD 11609 LOCAT-LO 071 THE SO JTH SI )E OF 'dILSDrI, EAST OF ARCHIBAL7 IA THE VERY LOIJ G[ST4ICi 1HE?Er S, on the 19th Aav of d.ori i, 19S+, a cormlate application 'was 'ilzd Sy G~is"lar '•lp-.es `or review of th=_ above-aescribed project; am 'dHEREAS, on the 9th day of `iay, 1994, the Rancho Cucamonga ?loon inn Commiss ~pn ne ld a meeting to consider Che above-described project. follows: NO'd, TH E,4 EFORE, the Rancho Cucamonga Planning Commission resolved as SEC TI u'1 i That the following can be met: 1. That the proposed project is consistent ~.vith the objectives of the General Plan; and 2. That the proposed use is in accord wi Lh the objective of the Oeve looment ~o de and the purposes of the district in which the site is located; and 3. That the proposed use is in compli anre with each of the applicable provisions of the Development Code; and 4. That the pro DOSed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. SECTIC`1 2: That Design Review for Tracts 9441 and 11609 is approved subject to the following conditions and attached Standard Conditions: 1. Per Development Code requirements, varfable front yard setbacks shall be required to vary ! 5 feet, with an average minimum setback of 30 feet. A revised site plan wf th the appropriate corrections Shall be submitted to the Planning Division for review and approval prior to issuance of building permits. 2. The developer shall include provisions to accommodate future front yard irrigation systems. At a minimum, such provisions shall include the installation of Schedule 40 PVC pipe loops under driveways and sidewalks. 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Nr NJ ~..nn •Nlr+mn .•I ~ U sWN. r ~ ~n r L y ~n r ~~ ~. f. ~ • h+w'rMJir.Wl n 1 .r ~n nNn r. e,RRC. n. uY r.,~r,_ O 1 / I p ~~ / G m• M AwI WI' M J YYX.• AMr~ ~ ~ LW Onn•r QY f W n . . . tAN it D Evildirq Dnmil nAen nopNlr lillnl wl, Irpmd aM wlitloha, and i. rYRinl Y APPLICANT COPY •roir°xD, if Work MwwrMn .. rr°r .emm.wa « i, ,°wena.a « De°naDn.e f« in eDR, sroNE s yaRacaERG One California Street San Francisco, California 94111 CITY OF RANCHO CUCAMONGA $53,725,000 HOME MORTGAGE REVENUE BONDS 1985 SERIES A PURCHASE CONTRACT City of Rancho Cucamonga 9320 Baseline Road Rancho Cucamonga, California 91730 Dear Sirs: March 6, 1985 Stone 6 Youngberg lthe "Purchaser"), acting not as a fiduciary or agent for you but on behalf of itself, offers to enter into this Agreement on or before 11 p.m., Pacific time, on the date hereof. 1. Introductory. The City of Rancho Cucamonga (the "City") proposes to issue and sell $53,725,000 principal amount of its Home Mortgage Revenue Bonds 1995 Series A, dated March 1, 1985, pursuant to Chapters 1-5 of Part 5 of Division 31 of [he California Health and Safety Code (the "Act"I. The Bonds will 6e secured under a trust indenture dated as of March 1, 1985 ([he "Indenture"1 of the City under which Seattle-First National Bank, Seattle, Washington, will act as trustee (the "Trustee"1. As set forth in the Preliminary Official Statement dated March 6, 1985 (the "Preliminary Official Statement"1, prepared for use in making an offering of the Bonds, the proceeds from the issue and sale o£ the Bonds will be used to provide funds for the purchase of Home Mortgages to be secured 6y single family residences to be constructed within the City. 2. Purchase, Sale and Delivery of Bonds. On the basis of the representations and agreements contained herein, but aubj ect to the terms and conditions herein set forth, the Purchaser hereby agrees to purchase from the City, end the City agrees to sell to the Purchaser, the Bonds at a purchase price equal to _% of the principal amount of the Bonds plus accrued interest thereon to the Closing Date specified below. The City will deliver the Bonds to the Purchaser for the account of the Purchaser in good deliverable form with CUSIP numbers imprinted thereon against payment of the purchase price therefor by certified or official bank check in clearinghouse funds at the offices of or at such other place as may ba mutually agreed upon at 10 a.m., local time, on April 1985, or at such other time not more than 7 days thereafter as may be specified by the Purchaser, such time being hereinafter referred to a¢ the "Closing Date." The Gonda eo to be delivered are to be delivered in definitive fully registered form in such denominations es the Purchaser requires and will be made available for checking and packaging at least 29 hours prior to the Closing Date. The .Gonda will mature on the dates and in the amounts and will bear interest at the rates shown on Schedule I. The Purchaser herewith delivers to the City a check payable to i<s order, in an amount equal to 5100,000 as security for the performance of the obligation to accept and pay for the Bonds in accordance with the provisions of this Agreement. If the City does not accept this offer, the amount of such security shall be immediately returned to the Purchaser. The check shall be held uncashed by the City. Concurrently with the delivery of and payment for the Bonds at the Closing Date, the check shall be returned to the Purchaser. Upon the failure o£ the City to deliver the Bonds at the Closing Date, oc if the City shall ;,c ±•~?ble to satisfy the conditions in this Agreement, or if such obligations shall 6e tetmrnated for any reason permitted by this Agreement, the check shall be immediately returned to the Purchaser, and such return shall constitute a full release and discharge of ali claims and rights hereunder of the Purchaser against the City. Tf the Purchaser fails (other than for a reason permitted under this Agreement) to accept and pay For the Bonds at the Closing Date, the check may be cashed and the proceeds thereof shall be retained by the City as and for full liquidated damages for such failure and for any and all defaults hereunder on the part of the Purchaser. and such proceeds shall constitute a full ce lease and discharge of all claims and damages for such failure and for any and all such defaults, and the City shall have no further action for damages, specific performance or any other legal or equitable relief against the Purchaser. 3. Offs ri rq Secur~ty and Authorization, The Purchaser proposes initially to offer and sell the Bonds as set forth in the Official Statement. The City authorises the Indenture, the Prelimvnary Official Starement and the Official Statement, including any supplements or amendments thereto, to be used by the Purchaser in connection with the offer and sale of the Honds. 4. Pro rar ParUCrpant Documents. Prror to or simultaneously with the execution of this Purchase Contract, or prior to the Closing Date, the Purchaser shall have received fhe following: (a) Commitment Contracts )the "Commitment Contracts") in form and substance satisfactory to the Purchaser executetl by the City and 6y each of the developers (the "Deus lopecs"I described in the Official Statement; Sb) Home Mortgage Purchase Agreements (the "Home Mortgage Wrchase Agreement") in form and substance satisfactory to the Purchaser executed by Atlas Mortgage Co., City Bond and Mortgage Corporation, Colonial Mortgage Service Company Associates, Inc., First California lbrtgage Co., International Mortgage Co., and Sko-Fed Mortgage Corporation (the "Lenders") described in the Official Statement and the Trustee; (c) Servicing Agreements Sthe "Servicing Agreement") in form attd substance satisfactory to the Purchaser executed by the Genders described in the Official Statement and the Trustee; and Sd) Compliance Agreement and Administration Agreement ([he "Compliance Agreement and Administration Agreement") in Eozm and substance satisfactory to the Purchaser executed by Urban Futures. Incorporated (the "Compliance Agent and Administrator") and the Lenders. 5. City -ocuments. At the time of the City's acceptance he ceof, or at such other time pc for to the Closing Oate as shall be agreeable to the Purchaser, the City shall deliver to the Purchaser: (a) The Official Statement, duly executed on behalf of the City by its Mayor or other authorized officer. Ib) The Indenture, duly executed 6y the City and the Trustee. The City agrees to provide us with a reasonable numher of copies of the Official Statement and the Indenture and a reasonable number of additional copies o£ the other documents described above as ve shall request and the Gty authorizes the use thereof in connection with the offer, Sale, and distrihution of the Bands. 6. Recresentations and Warranties. She City represents and varrarts to the Purchaser that: la) The City is a municipal corporation, duly organized an9 existing under and by virtue of the State of California fthe "State"1 organized and exist mg under the lays of the State and has full legal right, power and authority 4i) to enter mto this Purchase Contract, (ii) to issue, sell and deliver the Bonds as provided herein, (iii} to purchase Home Mortgages (as defined in the Indenture) and pledge them to secure the Bonds and (iv7 to carry out the transactions contemplated by this Purchase Contract, the Indenture, the OEf icial Statement, the home mortgage financing program described in the Official Statement (the "Program"), the Commitment Contracts, the Home Mortgage Purchase Agreements and the Servicing Agreements, as they may be amended or supplemented from time to tone by She Ccty. (b) The information in the Preliminary Official Statement (including the statistical and other financial data included therein) relating to the Crty and the Program does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in the light of the circumstances under vhi ch they ve re made, not misleading. (c) The City has no reason to he lieve that any of the information in the Preliminary Official Statement contains an unt cue statement of a material £act or omits to state a material fact necessary in order to make the statements contained therein, in the light of the circumstances under which they are made, not misleading. The City believes that ail required building permits and zoning required for the construction of the residential developments described in the Official Statement have been issued or will be issued within the time required therefor. Id) By official action of the City prior to or concurrently with the acceptance hereof, the City has duly authorized and approved the Preliminary Official Statemant and the Official Statement, has duly authorized and approved the execution and delivery of, and the performance by the City of the obligations on its part contained in, the Indenture, the Bonds, this Purchase Contract, the Commitment Contracts, the Home Mortgage Purchase Agreements and the Se cvicinq Agreements, and has duly authorized and approved the consummation of all otter transactions contemplated by this Purchase Contract. (e) The City is not in breach of or default under any applicable law or administrative regulation of the State or the United Skates or any applicable judgment or decree or any loan agreement, note, ceso lu*.ion, agreement or other instrument to which the City is a party or is otherwise subject; and the execution and delivery of the Bortds, the Indenture, this Purchase Cont tact, the Commitment Contracts, the Home Hartgage Purchase Agreements and the Servicing Agreements, and compliance with the provisions of each thereof, will not conflict with or constitute a breach of or default under any law, administrative regulation, judgment, decree, loan agreement, note, resolution, agreement or other instrument to which the City is a party or is otherwise subject, (f) All approvals, consents and orders of any governmental authority, board, agency or commission having jurisdiction which could constitute a condition precedent to the performance by the City of its obligations hereunder and under the Indenture, the Bonds, the Commitment Contracts, the Home Mortgage Purchase Agreements and the Servicing Agreements have been obtained. (g) There is no action, suit, proceeding, inquiry or inve s±igation. at law or in equity, before or by any court, public board or body, pending or, to the knowledge o£ the City, threatened against the City affecting the corporate existence of the City or the titles of its officials to their respective offices or the pledge or revenues or assets of the City pledged or to De pledged to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity or enforceability of the Program, the Bonds, the Indenture, this Purchase Contract, the Commitment Contracts, the Nome Mortgage Purchase Agreements or the Serve ring Agreements or contesting in any way the completeness or accuracy of the Preliminary Official Statement or the Official Statement. or contesting the powers of the City or any authority for the issuance of the Bonds, or the execution and delivery of this Purchase Contract. the Commitment Cont carts, the Indenture, the Home Mortgage Purchase Agreements or the Servicing Agreements or, to the knowledge of the City, seeking tc prohibit, restrain or enjoin the residential developments described in the Official Statement or the sale, issuance or delivery of the Bonds, nor, t0 the knowledge of the City, is there any basis the cefor, wherein an unfavorable decision, ruling or Finding would materially adversely affect the validity or enforceability of the Program, the Bonds, the Indenture, the Commitment Contracts, the Home Morkgage Purchase Agreements, the Servicing Agreements or this Purchase Cont tact. lh) The issuance and sale of the Honds is not subject to any transfer or other documentary stamp taxes of the State or any political subdivision the ceof. (i) The Honds, the Indenture, the Program, the Commitment Contracts, the Home Mortgage Purclwse Agreements and the Servicing Agreements conform to the descriptions thereof contained in the Official Statement, and the Bonds, when issued, authenticated and delivered in accordance aith the Indenture and sold as provided herein, will 6e validly issued and outstanding limited obligations of the City entitled to the benef eta of the Indenture. (j) The City has not been notified of any listing or proposed listing Dy the Inte rral Revenue Service to the effect that the City is a bond issuer whose arbitrage cart if ications may not be relied upon. Any certificate signed by an authorized officer of the City and delivered to the Purchaser shall be deemed a representation and warranty by the City to each of the Purchaser as to the Statements made therein. 7. Covenants. The City covenants with the Purchaser that (a) If between the date of this Purchase Contract and the date 90 days following the Clesing Date an event occurs affecting the City or the Program which would cause the Official Statement or the Preliminary Official Statement to contain an untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading, the City shall notify the Purchaser and, if in the opinion of the City or in the Purchaser's opinion such event requires an amendment or supplement to the Official Statement or the Preliminary Official Statement, the City will, at its expense, amend or supplement the Official Statement in a form and in a manner jointly approved by the City and us; provided, however, if such event shall occur at or prior to the Closrng Date, the Purchaser in its sole discretion shall have the right to terminate its obligations hereunder 6y written notice to the City, and the Purchaser shall be under no obligation to purchase and pay far the Bonds. (6) The City will furnish such information, execute such instruments and take such other action in cooperation with [he Purchaser as we may reasonably request to qualify the Bonds for offer and sale under the Hlue Sky or other securataes laws and regulations of such states and other jurisdictions of the United States as the Purchaser may designate; provided, however, the City shall not be required to register as a dealer or broker in any such state or jurisdiction. lc) The City will not, without prior written consent of the Purchaser, issue any bonds or other obligations for borrowed money in connection with the Homes described in the Official Statement if the interest rate on home mortgages to be acquired with the proceeds thereof would be less than the interest rate on the Home Mortgages. e. Conditions to the Purchaser's Obligation. The obligation of [he Purchaser to purchase and pay far the Bonds will 6e subject to the accuracy of the representations and warranties of the City herein, to the accuracy of the representations and warranties made by the Developers and the Lenders pursuant to the Commitment Contracts and Home Mortgage Purchase Agreements, respectively, to the accuracy of statements to be made on behalf of the City, hereunder, io the performance by the City of its obligations he reuntler, and to the following additional conditions precedent: (a) At the Closing Date, the Program, the Indenture, the Commitment Contracts, the Home Mortgage Purchase Agreements, the Servicing Agreements, the CAmpliance Agreement and hhe Administration Agreement and all official action of the City relating thereto shall 6e in full force and effect antl shall not have been amended, modified or supplemented, and the Official Statement shall not have been amended or supplemented except as may have been agreed to by the Purchaser. (b) At the Closing Date, a conmitment to provide partial coverage and full coverage private mortgage guaranty insurance and a mortgage pool insurance policy for the Haoe Mortgages on the terms and conditions described in the Official Statement shall have been issued by VEREx Assurance, Inc. and insurance companies reasonably acceptable to the Purchaser shall have indicated their willingness to provide special hazard insurance, standard hazard insurance, and earthquake insurance on the terms and conditions described in the Official Statement. (c) The City shall have received appcoving opinions of Jones Hall Hill 6 White, A Professional Law Corporation, Hond Counsel, and the Purchaser shall have received a letter from said firm, dated the Closing Date and addressed to the Purchaser, to the effect that the Purchaser may rely upon such firm's opinion as if it were addressed to the Purchaser, and a supplemental opinion of Hond Counsel dated the Closiny Date and addressed to the Purchaser, in substantially the form attached hereto as Exhibit A. (d) The City shall have received an opinion of Haynes S Miller, Special Tax Counsel, to the effect that the Honds are not "arbitrage bonds" within the meaning of Section 103 (c) of the Code and the regulations thereunder, and that the requirements of subsection (i) of Section 103A of the Code and Section 6a.103A-21i) of the temporary regulations, as amended (and as modified by the Tax Equity and Fiscal Responsibility Act of 1982 (P, L. 97-248 (September 3, 198211, promulgated thereunder (the "Temporary Regulations") have been met assuming compliance with the provisions of the Indenture, the Herne Mortgage Purchase Aq reeme nts, the Servicing Agreements and the Commitment Contracts. (el The Purchaser shall have received opinions, dated the Closing Date and addressed to the Purchaser, of: (i) counsel to each Developer in substantially the form attached to the Commitment Contracts; (ii) counsel to each Letter of Credit Hank in substantially the form attached to the Convnitment Contracts; (iii) counsel to each Lender in substantially the form attached to the Home Mortgage Purchase Agreements; (iv) counsel to the Trustee in substantially the form attached hereto as Ezhi bit B. 1£1 The Purchaser shall have received a certificate, dated the Closing Date and signed by an authorized officer of the Trustee, to the effect that: li) he is an authorized officer of the Trustee; (ii) the duties and obligations of the Trustee under the Indenture have been duly accepted by the Trustee; (iii) the Trustee has all necessary corporate and trust powers required to carry out the trust intended under the Indenture; and (iv) to [he best of his knowledge, the acceptance by the Trustee of the duties and obligations of the Trustee under the Indenture and compliance with the provisions thereof will not conflict with or constitute a breach of or default under any law, administrative regulation, consent decree or any agreement or other instrument to which the Trustee is subject. (g) The Purchaser shall have received a certificate, dated the Closing Date and signed 6y the Mayor, or other authorized officer of the City to the effect that the City has complied with all the agreements and satisfied all the conditions on its part to be performed or satisfied hereunder at or prior to the Closing Date and the representations and warranties of the City contained herein are true, complete and correct as of the Closing Date. (h) The Purchaser shall have received written evidence that Moody's Investors Service has issued a rating of "A" or better on the Bonds and the doctunents delivered at the Closing Date shall satisfy the conditions to the continuance of such rating. (:) The Purchaser shall have received certificates and letters on or prior to the Closing Date letters, dated the Closing Date, from each of the Cevelopers and the Lenders in substantially the forms provided therefor in the Commitment Contracts and Home Mortgage Purchase Agreements, respectively. (j) The Purchaser shall have received an opinion of Haynes b Miile r, dated the Closing Date and addressed to the Purchaser, as to such matters the Purchaser shall reasonably request. In rendering such opinion, Haynes S Miller may rely as to all matters o£ California law upon the opinion of Hond Counsel. (k) The Purchaser shall have received a letter, dated the Closing Date and addressed to the Purchaser, from Empire Economics confirming that it is an independent firm specializing in the preparation of housing demand studies with respect to real estate development of the types described in the Official Statement and other related matters and stating that, on the basis of specified procedures, nothing has come to their attention which would cause it to believe that any amendment of or supplement to its report referred to in the Official Statement for the summary thereof appearing as an appendix to the Official Statement) is required in order for said reports or summaries not to contain any untrue statement of a material fact nor to omit to state any material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading in any material respect. (1) The Purchaser shall have received an opinion of counsel to VEREX Assurance, Inc. dated the Closing Date and addressed to the Purchaser, covering such natters as the Purchaser may reasonably request with respect to the private mortgage insurance. (m) The Purchaser shall have received an opinion of counsel to the financial institution(s) providing an investment agreement as identified in the Official Statement, dated the Closing Date and addressed to the Purchaser, covering such matters as the Purchaser nay request wiih respect to the investment agreements provided by each such institution. (o) At the Closing Date the investment agreements regarding the investment of Program funds as identified in the Official Statement shall have been executed and delivered to the Trustee and shall be in full force and effect. (p) The City shall have received a Letter of Credit from each Developer substantially in the form attached to the Commitment Contracts and in an amount required Dy the Commitment Contracts. (q) At the time of Closing, the Purchaser shall receive a letter dated the Closing Date and addressed to the Purchaser from Jones Hall Hill S White, A Professional Law Corporation, in form satisfactory to the Purchaser fo the effect that they have reviewed the assumptions with regard to the investment return on funds held under the Indenture and have verified the mathematical accuracy of (A) the computations relating [o the sufficiency of the projected cash flow receipts and dishursements on the Home Mortgages and reserve funds to pay principal of and interest on the Bonds (assuming varying levels of the funding of Nome Mortgages and the prepayments thereon, acceptable to the Purchaser); and (B) of the computations :elating to the actuarial yield on the Home Mortgages and on the Bonds. (rl The Purchaser shall have received an opinion of counsel from Ucban Futures, Incorporated, dated the Closi no Date, covering such matters as the Purchaser may reasonably request with respect to the Compliance Agreement and Administration Agreement. All [he opinions, letters, certificates, instruments and other documents mentioned above or elsewhere in this Purchase Contract shall be deemed to be in compliance with the provisions hereof if, but only if, they ace in form and substance satisfactory to the Purchaser. 9. Termination. The Purchaser may terminate its obligations hereunder by written notice to the City if, at any time subsequent to the date hereof and on or prior to the Closing Date: (a) (i) Legislation shall have been enacted by the Congress, or recommended to the Congress for passage by the President of the United States or the U.S. Department of the Treasury or the Internal Revenue Service oc any member of the United States Congress, or favorably reported for passage to either Nouse of the Congress by any Committee of such House to which such legislation has been referred for consideration, or (ii) a decision shall have been rendered by a court established under Article III of the Cons[itut ion of the United States, or the United Stales Tax Court, or (iii) an order, ruling, regulation or communication (including a press release) shall have been issued 6y the Treasury Depattment of the United States or the Internal Revenue Service, in each case referred to in clauses (i 1, (ii) and (iii), with the purpose or effect, directly or indirectly, of imposing Federal income taxation upon interest to be received by any holders of the Bonds. (bl Legislation shall have been enacted or any action taken by the Securities and Exchange Commission which, in the opinion o£ counsel to the Purchaser, has the effect o£ requiring the offer or sale of the Bonds to be registered under the Securities Act of 1933 or the Indenture to be 8 qualified as an indenture unfler the Trust Indenture Act of 1939 or any event shall have occurred which, in their judgment, makes untrue or incorrect in any material respect any statement or information contained in the Official Statement or which, in their judgment, should be reflected therein in order to make the statements contained therein not misleading in any material respect. (c) li) In the Purchaser's reasonable judgment, the market price of the Bonds is adversely affected because: (a) additional material restrictions not in force as of the effective date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange; (b) the New York Stock Exchange or other national securities exchange, or any governmental authority, shall impose, as to the Honds Or similar obligations, any material restrictions not now in force, or increase materially those now in force, with respect to the extension of credit by, or the charge to the net capital requirements of, underwriters: (c) a general banking moratorium shall have been established by Federal, New York or California authorities; or (d) a war involving the United States of America shall have been declared, or any other national or international calamity shall have occurred, or any corSlict involving the armed forces of the United States of America shall have escalated to such a magnitude as to materially affect our ability to market the Bonds; (iil there shall have occurred any change, or any development involving a prospective change in, or affecting the mortgage market in the general area of the City which materially impairs the investment quality of the Bonds or the ability of the Purchaser to market the Bonds: or (iii) any litigation shall be instituted, pending or threatened to restrain or enjoin the issuance or sale of the Bonds or in any way contests nq or affect iry any authority for or the validity of the Bonds, or the existence or powers o£ the City. 10. Expenses. (a) Whether or not a Closing shall take place hereunder, the Purchaser shall be under no oLligation to pay, and the City shall pay or cause to be paid out of Bcnd proceeds or out of amounts deposited with the Citp by the Developers any expenses incident to the performance of the City's obligations hereunder, including, but not limited to, the cost of printing the Honds, the Preliminary Official Statement, the Official Statement, and furnishing copies thereof to the purchasers, the Eees and expenses, if any, of Bond Counsel and Special Tax Counsel, the fees and expenses, if any, of Empire Economics in connection with its housing market studies, the fees and expenses, if any, of the Trustee, the fees and expenses, if any, of Moody'a Investors Service relating to rating the Honds, the fees and expenses, if any, for computer and cash flow calculations and the fees and expenses, if any, of any other counsel, consultants, accountants or othar experts retained 6y the City in connection with the issuance and sale of the Bonds. The estimated expenses of the City incident to the performance of the City's obligations hereunder are set forth on Schedule II hereto. (6) The Developers end the Lenders shall pay their own expenses, including the fees and expenses of their counsel. fc) The Purchaser shall pay its own expenses, including all advertising expenses incurred in connection with the public offering of the Bonds. 11. Notices. Any notice or other consnunication to be given to the City under this Purchase Contract may be given by delivering the same in writing to the City at its address set forth above, and any notice or other communication to be given to the Purchaser under this Purchase Contract may be given by delivering the same in writing to Stone 6 Youngberg at its address set forth above, Attention: Scott C. Sollers. 12. Survival of Covenants and Representations. The respective agreements, covenants, representations, warranties and other statements of the City set forth in or made in writing pursuant t0 this Agreement will remain in full force and effect, notwithstanding any investigation node by or on behalf of the Purchaser, and will survive the delivery and payment for the Bonds. 13. Successors. This Agreement will inure to the benefit of and be binding upon the parties hereto and their respective successors and no other person will have any rights hereunder. No purchaser of any Bond from any Purchases shall De deemed to be a successor by reason of such purchase. 14. Governing Law. This Purchase Contract shall be governed by the laws of the State of California. 15. Effectiveness. This Purchase Contract sha'_1 become effective upon the execution of the acceptance hereof by the City. If the foregoing is in accordance with your understanding of our agreement, please Sign and return to us the enclosed copy of this Bontl Purchase Contract, whereupon it will become a binding agreement among us and the City in accordance with its terms. Very truly yours. STONE b YOIINGBERG By Accepted by resolution adopted on March _, 1985 CITY OF RANCHO CUCAMONGA By 10 SC}iEDULE I MATURITY. PRINCIPAL AMOUNT AND INTEREST RATE Maturity Principal Interest Dates Amounts Rates September 1, 2000 $6,555,000 9.Se March 1, 2018 47,170,OD0 30.1250 SCHEDULE II ESTIMATID ISSUANCE EXPENSES OF CITY Purpose Amount Bond Counsel - Jones Hall Hill 6 White E Moody's Investor Service Rating Fee Initial Trustee Fee - Seattle-First National Hank Bond printing - Jeffries Banknote Co. Official Statement Printing and Mailing - Pacific Financial First Year Special Naza rd Insurance Premium - First Year Pool Insurance Premium Program Administration - Ucban Futures, Inc. Special Tax Counsel - Haynes 6 Miller City/Counsel and Staff Expenses - Financial Consultant - Heldman. Rolapp E Associates California Debt Advisory Commission Cash Flow Verification Contingencies Total EXHIBIT A Letterhead of BOND COUNSEL (Closing Date) Stone S Youngberg One California Street San Francisco, California 94111 $53,725,000 City of Rancho Cucamonga Home Mortgage Revenue Bonds 1985 Series A Dear Sirs On the date hereof we rendered to the City of Rancho Cucamonga (the "City") an opinion approving the validity of $53,725,000 principal amount of the above mentioned Honds (the "Bonds"1, issued pursuant to Chapters 1-5, Part 5 of Division 31 of the Health and Safety Code of the State of California (the "Act"), and a Trust Indenture dated as of March 1, 1985 (the "Indenture"), between the City and Seattle-First National Hank, as Trustee. You are authorized to rely upon said opinion as if addressed to you. In that connection, we have examined (to be completed) Based on the foregoing, rn our opani on: (il The Caty is a municipal corporation duly organized and existing under and by virtue of the State of California established and exrstang under the laws of said State. (ii) The City has full legal right, power and authority to execute and deliver the Indenture, to authorize and issue the Bonds and to carry out t. he transactions contemplated 6y the Indenture and the Bonds; the Indenture has been duly executed and delivered by the City, is in full force and effect and constitutes the valid, legal and binding agreement of the City enforceable in accordance with its terms. (iii) The City has duly performed all obligations to be pe rfoamed by it pursuant to the Indenture on or prior to the date hereof. l iv) The Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Indenture is exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended. (v) The statements contained in the Official Statement under the captions "INTRODUCTION", "THE BONDS", "SECURITY FOR THE BONDS AND FLOW OF FUNDS", "HOME MORTGAGE FINANCING PROGRAM", "THE INDENTURE" end "LEGALITY AND TAX EXEf1PTI0N" insofar ae such statements purport to sunmarize, the Indenture, the Bonds, the City's mortgage financing program and the documents described therein, and exemption from Federal income taxes of interest on the Bonds, present a fair and accurate statement with respect to the information contained therein. (vi) The City has the power and the authority to purchase the Home Mortgages on the terms and conditions contemplated by the Official Statement and the Indenture, and the making of Home Mortgages by the Lender and the purchase thereof by the Ciiy will not violate any interest rate limitations now contained in the Constitution of the State of California or any law or regulation of such state applicable thereto; provided, however, that no opinion is expressed with respect thereto a[ any time when the sum of (a) the "discount rate" charged by the Federal Reserve Bank of San Francisco to member banks (or as such rate is estahlished by other applicable counterpart or designee) and (D) 5% shall be less than the effective interest rate on Home Mortgages. (vial The City has duly authorized and approved the Consnitment Contracts. the Home Mortgage Purchase Agreements and the Servicing Agreements, and such agreements constitute valid, legal and bindiny agreements of the City. Based on ouc participation in the preparation of the Official Statement as Bond Counsel and without having undertaken to determine independently the accuracy, completeness or fairness of the statements contained in the Official Statement, we have no reason to believe that the Official Statement, as of its date, contains any untrue statement of a material fact or omits to state any material fact necessary in order to make the statements contained therein, in the light of the circumstances under which they were made, not misleading (except for the statistical and other financial data included therein, as to which we express no view). Very truly yours, EwtlelT H Letterhead of COUNSEL TO TtfE TRUSTER (Closing Date) Stone b Youngberg One California Street San Francisco, California 94111 $53,725,000 City of Rancho Cucamonga Home Mortgage Revenue Bonds 1985 Series A Ladies and Gentlemen: we have acted as counsel for Seattle-First National Hank, in connection with the Bank's serving as Trustee under an Indenture dated as of March 1, 1985 between the City and the Bank (the "Indenture") relating to the above referenced Bonds (the "Bonds"). In that connection -re have examined originals or copies certified or otherwise identified to our satisfaction of; lil the Indenture, (ii) the Corporate Charter and By-Laws of the Bank and (iiil (TO be compietedl Based nn the £o regoing we are of the opinion that (i) The Bank is a duly created and lawfully exiting national bank. ng association under the laws of the United States of America: (ii) The Hank has taken all corporate actson necessary to assume the duties and obligat ions of Trustee under the Indenture and to authorize in such capacity the execution and delivery of the Home Mortgage Purchasing Agreements and Servicing Agreements each among the City, the Bank, and each lending institution desc ra bed in the Official Statement relating to the Bonds, the Commitment Contracts among the City, the Bank, each lending institution described in the Official Statement and the developers described in the Official Statement and the Compliance Agreement and Administration Agreement between Urban Futures, Inc. and the Bank (collectively the "Agreements"), and the Investment Agreement among the Hank and (the "Investment Agreement"); (iii) The Bank has qualified under the Indenture to act thereunder; (ivl The Bank has duly authorized, executed and delivered the Indenture, the Agreements and the Investment Agreement, and the Indenture, the Agreements and the Investment Agreement, are va litl, legal and binding obligations of the Bank in its capacity as Trustee under the Indenture enforceable in accordance with their terms; (vl The Bank has all necessary trust powers required to carry out the trust intended under the Indenture; Svi) All approvals, consents and orders of any governmental authority or agency having jurisdiction in the matter which would constitute a condition precedent to the perfozmance by the Bank of its duties and oDl igations antler the Indenture, the Agreements and the Investment Agreement, as Trustee, have been ohtained and are in full force and effect; and l vii) No litigation threatened in any way lincluding trust powers) duties and ohligations Investment Agreement. is pending or, to the best of our knoeledg e, contesting or affecting the existence of pone rs of the Bank or the Bank's ability to fulfill its under the Indenture, the Agreements and the Very truly yours, I'Hh.id~ll?'111~r1tF N~1.\i~I"\11~. 11F V'i ll Cl'F; I;\t \IC'h" _ -_ YEW 1991iE Rating: Moody's: _ _ (gee "Bond Rating" herein) (n (h¢~pinion nJBond Counel, under exi,vfinN loos, raqulalinn.v, rulings andjudtmal deri.vinn.+, interest - on the Hnnd.+ is exempt /tram inenme taxation by the ('oiled .Atntev n/Amenro and frrm prrsnnol income - - mzafinn imps+ed by the StatenJ('oli/nrnia. Such opinion u~illslale that thv rxemptinn Jrnm inenmetaxalion . h~ the f ~niled Slates n/America may bernme inapplicable upon /olio re to cove! thr .9i`- requiremenq the rvrrrtion requirement or thv inJnrmatinn repnrlinp rvyuiremenl n/5vellnn IICiA nJ the In tarsal Berenue `_ ('nden/(95q, a+amended, but u~itl Jurtherntnte that in thenpininn nJBond('nun.vel, the C'ily has asta6liehed . rand rnrananfed to ohseree pmcedurev which, upon rnmplionre lharrnith. mrr( !hoer rryuiremrnLv. LSee - '7,apalih and Tnx Exemption"herein) $63,725,000* - CITY OF RANCHO CUCAMONGA Home Mortgage Revenue Bond9 1886 9eriea A Interest payable from; March 1, 1886 Due: As shown below The Bunde ere issuehle es fully registered bonds only in denominations of $5,0110 principal amount or _ - any integral multiple therenE Interent nn the Bonds ie peyxble nn September 1. 1985. end semi-annually - thereafter nn March 1 and September 1 in each peer. Principal of the Brands will 6e pxyable et maturity or ' upon earlier redemption et the principal corparste trust office of Seettle~F'irnt National Benk. Feattle, - - R'anhington. an Trustee. Interent on the Banda will he paid by check nr draft mailed to the person entitled = thereto. _- The Hondnere being issued to provide tundsfm the purchase of Hame Mortgages to he secured bysingle~ - (amity residences located withinthe City of Rencha Cucamonga."Phe Hame Mortgages will he insured to the - - extent described herein. 'fhe Bonds er¢ nuhject to redemptirn nn ar after 8eptemher 1. 19Afi, es set frrrih herein. The Bnnda are legal investments for ell banks, both rnmmercial and saving?,and various rat her li nencial institutions as well xs for trust funds. The Rnndn are authrrrized security for various puhlic deposits under Celifnrnie law, The Bonds ere Ilmited obdgatlons of the City payable solely from payments made on end _ secured by a Dledge of Nome Mortgages (and any Ineurxnce DeYmenls made with respect - thereto) and emounM (including eertaln interest earnings thereon) held by the Trustee. The Bonds will not be payable (taco any of the City's other revenues, moneys nr easels. Neither the - faith end ¢redlt nor the texing Dower o! the Clty, the 8tete of Celifnroie or any pollUcel subdlvielon thereof have been pledged to the paym¢nt of the Bonds, - MATURITY SCHEDULE _ g % Term Banda due September 1, 2000 `_ _ ® % Term Bonds duo Mereh 1, 2019 Price of all Bonds: 9 (Accrued interest to be added) Thv Hoods rata a//rreduhen,n.v and i/i.vsurd cool rprpivad by tite('ndrru tour, +uhjartmthr apprncal u/ fhetr IaNnhq 6y Jones Hall Hill & Whlfe. A 1'rnles.+irrnnl hau ('nrpr,rafinn, San P'ronrtern, ('aliJornio, Hnnd ('nu nsvl, and rrrtai n other randitian.v, ('ertnin legnl and lnz coot tars u~ill6v pn.asrd upon by Hnynr.v & Mil (er, . Wn+hinaton, h.('., ~Spveinl Tax ('nunvvl antl ('nunsvl to thv ('ndorrrritrr. lr ie rrprr;ad that Ihr Hnnds in rln(inifirr /nrm trill ha m~nilabl¢ Jnr deliurry' in Lo.+Anprlrc ('nli/nrnia, on or ahnut April . /.4H.i Stone & Youngberg March , 19Xfi ' F'reliminan~; nuhject to change. No dealer, broker, sslesmom or of hoc person has hren not horired by the City or the l:nderwriter to give, nny information or to make any mprrsent nt ions with rrsptrot U) the Bonds other th;ut those contained in tf~is Offiria! Stntemrnt and, il' given or m'n:!e, such Infomnat ion or representatimu must not Ix rnlir•d upon ;ts having hero aut horired by omy of the foregning~. "Chic Official $t:ttemonl dogs not oonst itutr nn offer to sill nor the solicit at inn of ;m offer to buy, nor shall there he iuty suh~ of the Runts fCv any porwnn in :mp jurisdiotion in which it is unlawful for such i»~non to nud.r such nffrr, snlirihnion or sale. 'f hr informal ion set forth herrin h;us hren ob; ainc~l I'roni th~~ r~itc and nUrrr smuv~~•s which :n•c brlirved to M: reliable, but is not gtutranhrd ns In urrn r.u ~~ nr ~~nm plctr~nrss hy, ~,uul is not In be eoastrurd .u a represenhV ion nf, ihr Dndrru rit.•r. 'I hr inform shun :md t•vprr•ssinnv of opinion st;ttcd herrin ;ter subjrrt In rh:mge tr It bout not ior•. The drliv•i;~ of this Official Stxhanrnf shall not, under ~uq rironmsl ~~inrrs. .•r. •:rt ~• nn} impliont inn th:u thrrr has tx~en no eh;mge in the In(orm:U ibu ur opinions ~rl forth hr~n •in or in the afl8ira ul' tho Cit.A".ainor the dah• hcw•of. IN CONNE('TION KTTH THE OFFF.RINC OF THE BONDS, "IHE: GNDFRR'RITE:R MAY OVERALLOT OR EFFECT TRANSACTIONS W}IICH STABILI7, F, OR 61A[N'TACN THE M.4RKF:T PRICE OF THE RUNDS AT LEVF.IS .4B04I~: TFCAT W"HICfi SLIGHT OTHERK~LSE PREVAIL [N THE OPEN MA Rft ET. SIJCII STABILI7,[NG, IF 005161 F:N ('F: D, SLAY' RE DLSCONTINCIF.D :1T ANY TQN E. TABLE. OF CONTENTS I `ni;r, Inl rndurtiun I 'f hr Roads I Uispasil ion nl Bond I'rareeds :i .tirruriis for ihr linndti and Ilas of I'muh , \xuni pl inm H~;;a rd int; IL•mnurn ~md Urhl ticr~irr Hryoirnnu•nls , Ilnuu• Al art ~n ,~. I'imniving I'rogrn ni Lrndrn ^I I"hr hvlrnt m.,. .,., Vo Lit igal inn "6 LcgalilA :aid fns h:~em ption "6 l~ndert. rit ing ^8 Rnnd Rat ing °it Additinuxl Inl'orm:rtion ^;i \ppcnrii~ r\: lt~arkr•t/feasibility tit udy: Sum m;ury and r}molusions \ -I ipl»•ndi~ B: The Uevelol»'n R-I SUMMARY STATEMENT The following summary is subject is all respects to the more complete information contained in this Official Statement. Purpose; The Bonds are being issued to provide fwlds to make bane nxmtgngrs lthe "Home Sfortgageti') secured by residences (the "Homes') located in the City of Rmtcho (; uramongn. The funds have been reserved by eight developers to provide for the. purcrhase of Home Atortgnges to he made to finance approximately io0" Ilf`w 11118 IO-L;l1i1IIV Homes :mt iripated to hr cmist rutted by them over x 3>-month pa>rlod. Use of Proceeds: Proceeds from the sale of the Roads, together with deudnprr fees, will br used to li) make approxlnurtcly Principal amount of lionk~ Mortgagrl; (lit provide la Debt Service Reserve Pamd of approeimately >md (iii) provide for iezu:vu~r a•epcnses :end Ilnderwz•iter's discount. Home Mortgage Financing Program: The Homr Mortgages will he (i) ma~fe to eligible VImlgagon UI finance the purchase of eligible Homes; and (ii) nriginnted and lervieori hp Atlas Mortgage Co., City Bond and Mortgage Corporation, Colonial bortgage. Sere ice (:ompmty :\ssoriatrs, Inc., Pirs[ California Ylm4gnge f'o., Inl aeon[ innal \Inrtgngr Comp;uly ;end Sko-Fed Mortgage Corporation (the "Lender'). "1 he Homr ylortgn;;us will be (i) secured by first mortgage liens (subject to certain }r•rmitted encumbrvu'esi on Homes :end (ii) em~erfxi hy: (U FIFA insurwtce pursuan to Section 9~•i(h) of the Nation:d Housing .\et arul mortgage pool insumamce or Pull coverage private wort gage insurance, in the rise oC Ilome Mortgages providing For graduated payments; Imd ('?) par•linl private. mortgage inslmwu•e or E'HA Insamanee pursuant to Section 203(b) of the National Housing Art ford mort gngr pool insurance or full coverage pricnte mortgage insur:ulcr, in the rasa. nY Ilonu• Mnrt gages providing I'or level amort izatinn. liazard (including dart hyuake rnerr7tge it' conunerl•6tlly nvnil:tMe) and speoial hazard iusur:uu•c will 1»• required to lac molar a'ulyd to the extent dcsrriM•d hrruln. I:;uh Home Mortgage will hmr :1 maturity of npprnximately 30 years aftd a stated interest rate of q~ and nary provide either for Ievnl nnux4. i'>,at.ion or for graduated lunyments which inereaSP. 7.a".. annually' for five yr:us beginning with the second ye:u• of the F1ome Mortgage. Eligible Mortgagors: Each mortgagor is required to be a °first time hmnebuyer" who intends to occupy the Home as his principal Home (except that [0"b of rho Ilome. Mortgages m~ty M' mode to persons who :tre not "Fits[ time homebuyers'7. With respect to approximately S?0,000,000* principal amowat oP Flome Mortgages for new 1I01nE'S, the. fluusehold Inrwne of a mortgagor may not exceed l50".'0 of the applicable statewide medlar income :end with respect to the remaining principal amount of homes Mortgages for new Hennes the Household Income of a mortgagor may not exceed l?0°.. of the applicable statewide median income for families. The City has determined that the applicable the applicable statewide median income is currently 5?5,100. Purchase Price l.imitatioos: 'Che purchase price of Homes may not. exceed I IO% of the applicable average, area purchase price. Such average area pnrohase price •u of the. date hereof has been determined by the City to he $1L0,5W for new domes Imd 5117,700 foe existing Homes. Sources of Payment and Secwdty for the Bonds: The bonds are limited obligations of the City artd free payable solely from payments made on and sectu•ed by a pledge of the Home Mortgages (.and any insurance payments made with respect thereto) and all amounts (including interest thereon snhjeet to the limitations of Section 103A of the Internal Revenue Code of 1954, a_s amended) held for the benefit of the Bondholders punu:utt to the Indenture. *Preliminary; subject to change. CITY OF RANCHO CUCAMONGA City Council Jon D. Mikels, Mayor Richard M. Dahl, Mayor Pro Tem Charles J. Buquet, II, Cowtcihnan Jeffrey king, Councilman Pamela J. Wright, Councilperson City Staff Lauren M. Wasserman, City Manager Jack Lam, Community Development Director Harry Empey, Treasurer Linda D. Daniels, Senior Redevelopment Analyst Feasibility Coosultent Empire Economics Redlands, California Mortgage Leaders Atlas Mortgage Co. City Bond and Mortgage Corporation ('olonial Mortgage Service Company Associates, Inr. First California Mortgage Cn. International Mortgage Comp;my Sko-Fed Mortgage Corporation Developers A-M Company Kaufman & Broad of Southern California Inc. Marlborough Development Corporation The William Lyon Company Riehwood Development Co. USA Properties Fund Ltd. Lawy Development Corp. Lewis Homes of California Bond Counsel Jones HaH HiH & White A Professional Law Corporation San Francisco, California Trustee Seattle-First National Bank Seattle, Washington $54,080,000' CITY OF RANCHO CUCAMONGA Home Mortgage Revenue Bonds 1985 Series A INTRODUCTION "this Offleial Statement of the City of Rwtc•ho Cucamonga (the "City") sets forth informal toll iu cormeetion with the sale of Sod,080,000* principal amotmt of the City's dome Mnrtgngo Revenue Bonds, 1985 Series A (the "Bonds"). the Bonds are to he issued pursuwtt to port i of Division 3l of the Health wrd Safety Code of the SL'Re of Cnliforniu, as amended (the ":\et"). The purpose of the Act is to provide tong-term, low interrst rote moctg'age losuu (the "Home Mortgages") to persons who ;ire tmahle, because of Choir income, to afford vonvent ioeal home mortgages to finance exist ing~ homes or itoatcs to ht• constructed within the Pity. Bonds issued wider the Ac•t >tre limited obligations ul' the ISSUP.C. The Bonds :me being issued ptnsuant to a U'ust indenture Aatcd as of 41:ur•h t, lki8.-i (the "Indenture'1, hetwt'tn the City and SeatHe-First National Uartk, Seattle, WashingY un tthe. '"[costae'"). Ci than Futures, htcorporated, acting as Administrator surd <`nm plimu•t' Agent, will have general responsibility For administering and monitoring the Progrurt's compliance with pertain federal tax laws wrd State taw. Brief rle•.u•riptions of the Bonds, the security far the Bonds, the City's hmne mortgage finnnoing program Ithe "Program'9, the Commitment Contracts, the. Home Mnrtgxgc. Pnrc•hn.w' -\greements, the Sorvicing Agreements, the Compliance Agreemnnt and \dminiV rot ion ~\grrenunn smd the (ndenGtre ore included in this OFficiat Statenu'nt. Tbr. sum nnuti ~~tud oontdusinns nl' the m;u•kct/1"eagibility gUld} is rrprini ed in ~ip(rendi~ i ;md n brirl' dcspription of the devclopma npper;us in gppcndi~ H. A^ trfprcmq's to doonmm~t a, n;;~•~cntenlu and insurwx'e pnlipies ru•e yoaliPied in (heir rntirety by re I'erenre therv~to, pnpios oP which >tre available foe inspuption at the administrative' ol'l ices of the City. THE BONDS General The Roods will tx; issued as fully registered bonds Doty in denominations of S~i,IHN) principal amowtt or at\y integral multiple thereof, The Bonds wilt bc! dated March t, t985 tmd will twat inter«~st ut the rates and will mature on Lhe dates wx? in thr, ntnowds set forth on the cover page oC this OPfiMal Statement. Interest on the Roods will bE! payable. semiwunrally on March I wrd September 1 oC each year, commencing September 1, 1985. Interest will be payable to the person in whose name the Rond (or any prederessor I?ond) is registered at the pIn56 of hn5lne'.5.q on the fifteenth day of the month preceding oac•h intotr!st payment date. Principal of the Bonds is to be payable at the principal corporate trust office of Seattle-First National Rwtk, Seattle., Washington. Interest on the Bonds is to be paid by check or draft mailed to the address of the person entitled thereto. Bonds may he exchanged, and the transfer of Roods may be registered at Sea+ttle-First National B;udc, Seattle, Washington, Trustee. If any Rond is mutilated, lost, stolen or destroyed, the Indenture provides that the City shall execute and the Trustee shall authenticate a new Bond, In the cage of a lost, *Preliminwy; subject to nhange stolen or destroyed Bond, the City and the Trustee may require satisfactory indemnification prior to authenticating a new Bond. The City and the Trustee may charge reasonable fees artd expenses in comtect ion with replacing Bonds mutilated, lost, stolen or destroyed. 'Cho Bonds are limited obligations of the City payable solely from the sources described herein. The Bonds are not payable from mty other revenue:. or assets of the City. Neither the faith artd credit nor the taxing power of the City, the State of Califontia or arty polit icul subdivision thereof' or the City hive been pledged to the payment of the Bonds. Redemption Provisions Sinking Fund Redemption: The Bonds due Septembxr 1, 2qx), ;rod March 1, 4018, are subject to m~mdatory sinking fiord rc!drmptimt in order of maturity at a redemption price equal to IUO°~ of their principal amomu plus accrued interest to the date filed for redemption in part by lot commencing March 1, 1994, mtd March I, '3001, respectively, and on each lytaroh t and Setptemher l thereafhrr, without premium, from sinking fwtd installments as follows: Bonds due September 1, 2000 Date Principal Amount Dete Mun•h 1, 1993 S Mmm,h 1, 1997 September 1, 1992 SeptemMer 1, 1997 M;u•rh I, 199:) M;tn~h I, 1998 SepUanhrr I, 1993 Septendn~r I, 1998 Mnrv•h I, 1!194 Maroh I, 190!1 SeptcmM~r 1, I!riW Srptcm Mar I, 190!1 March I, 19!15 Mnrrh 1, 20fN) Septemlx~r 1, 1991 tiepleniher 1, "lN)n March 1, 1596 (Maturity) September I, 105fi Bonds due March 1, 2018 Date Principal Amount Date March 1, 200L S March I, 20t0 September 1, 2001 September 1, 2010 March 1, 2002 March 1, 20I l September 1, 21x)2 September 301 l March 1, 2003 March 1, 4012 September 1, 2003 September 1, 2012 M.ur~h 1, 2004 March 1, 2013 September, 2004 September I, 2013 March I, 2005 March l,'?014 September I, 2005 September I, 2014 March 1, 2006 Maroh 1, 2015 September 1, 2006 September I, 2015 Maroh L, 2007 March 1, 2018 September 1, 2007 September 1, 2016 March 1, 2008 March 1, 2017 September 1, 2008 September 1, 2017 March 1, 2009 March 1, 2018 September I, 2009 (Maturity) Principal Amount Principal Amount In any case in which Bonds are retired from moneys in the Prior Redemption Ftmd, the principal amotmt of such Bonds shall be credited against remaining mandatory sinking' fwfd installments as nearly as praM icahle in such a manner as will leave each m;mdatorry sinking fund installment after such redemption (by rounding each such mandatory' sinking fund installment to the next lowest integral multiple of 95,IX)D) in tlfe some proportion to the total amount of mwndatory sinking fnmd installments then remaining' (after such credits) as the proportion of each mandatory sinking ffmd installment [hen remaining as originally provided fur lom to the total ammuft of mwfdah>ry sinning fund installments then nanaining s originally xehrduled (ta!fore aqy sueh credits). Special Mandatory Redemption: The Bonds :err subject In speoinl mandamrc rrdem ption in whole or in part on Septomtwr 1, 1981, or wfy interest paynm•nt date t hcreufter ut a redr,mpl ion prig` eyual to lW°'~ of their principal NIII OIInt phrs ileerUed intr•rfst to the date filed for redemption, without premium, from amounts in the Prior Redemption Ffmd, into which Revenues are deposited after making ull prior deposits. Amounts trusferred from the Home Mortgage Purehfvse Acernml to the Prior Redemption Fund are to he useA to redeem BonAs on March L, 1988, selected on n pro rata lasis by maturity :ofd by lot within a maturity. Any other :unounts in the Prime Rcdem pt ion Pond :u•n to le used to redeem Bonds in the following order of priority and by lot widnin a nnu urity: (i) Rands mat uring~ nn Scptemler t, ^BfN); :mA (ii) Bonds innturing at M:u•rh 1, ^_U 18. \mmufts ralculnted to be availnMe in the Prior Redemption FunA rnf :uiy int enrst gfyuuvft date may M: applied to the ptur`h;se of Bonds. See "Security for the Rmuls ;rod flow of funds". Notice of Redemption: Not ire M' redemption is to be given ly the Trustee not less t h;w 10 rmr mores them KO daps prior to the rwdemptimf date by mail M the owners of registered Bonds wlmse Bonds ate. to Iw rndeemed. Additional Bonds Thr Indent ore does not permit the, issu;un•f` of nArlilinnal lm;ds paynlle• nr secumd nn :f pnriry with the Bonds. Legality for Investment N California Thr Art provides that lends authorized antA issued in the m:umer ;rod for the, purprse of the` Bonds are Irgal InlvPSt.lnlen[5 in California for ;dl h:urks, loth eommcmial ;und s:rvings, iasuranoe compwnies and various nt her fin;mrial institutions, as well ;ts Rm h•ust funds. The Hmrds are also authorized secftrity for various pullio deposits under California law. DISPOSI'CION OF BOND PROCEEDS" 'I'ho following hrhle sets tbrth We ;urticipat ed use of Rnnd proc`eeds': Rome Mortgage Pturhase Account"" S4B,132,fg0 Delt Service Reserve Pund t3,985,0DD Ilnder•writer's Discowtt Issnwfee I:%pen3P.3'"" $ 4~-_DDQ Preliminary, ;subject to change. Accrued interest on the Bonds will be deposited in the Revenue Fund. "" The City will have $ available to make Home Mortgages (of which S will be derived from Bond prxeeds and $ Prom the prxeeds oP the developer fees. ""' Issuance Expenses include Bond Courwel and Special Tax Counsel Pees, the Program Compliance Agent Pee, printing and rating agency costs, initial trustee Pees and other miscellaneous issuance expenses. SECURffY FOR THE BONDS AND FLOW OF FUNDS The Bonds are limited obligations oP the City payable Prom "Pledged Revenues". l!nder the Indenture, all Revenues are deposited in the Revenue Fwtd. "Pledged Revenues" memt all payments, proceeds, charges, rents and all interest artd other income derived in cash by the Tmtstee or a Lender by or for the account oP the C1ty from or related to the, Home Mortgage Financing Program, including, without limiting the genarality of the Foregoing, scheduled amortization payments oP principal oP and interest nn the Home Mortgages, prepayments, the proceeds of sale of Home Mortgages, the prxeeds of sale oP Homes on foreclosure or other recovery proceedings with respect to defaulted Home Mortgages (net oP amounts required to he paid to mortgagors or other owners oP Homes), the prxeeds oP resale oP Coreelosed Homes, the prxeeds of hazard insurance and special hazard insurance (net of amounts required to be applied to the mstoratimt oP Homes), mortgage itnutautce prxeeds and interest earned or income derived from the investment or deposit uP moneys held by the Trustee MLL cwt including estmow payments, .w,rvicer's and Yinanring fees, and any interest earned which constitutes "F:xress Investment Earnings". The Home Mortgages will he secttred by First mortgage urns (subject to pertain prcmitted encumbrances) an Homes in the City. Hazard, special h~uard, e•nrthquakr (iF cum mrrrinlly avrtilahle) and mortgage insurance will he required to Fw mninhtiurd nt slrerifird Irvels. 'f he Ueht Service Rrserve• Fund lots Iwen established under the ludrnt urt• ns a reserve to assist in payment of principal of and interest on the Hoods in the event papmrnts mt Ilome Mortgages prove In M• temporarily insufficient and ro cover interest mt the Hoods dttring the period when part of the interest on graduated payment Home Mortgages is firing added to the principal nmmurt oP such Home Mortgages. The Bonds will not he payable from any oP the City's moneys or assets other then the Pledged Revenues. Neither the fnith end credit nx the Lixing power oP the City, of the State of California or any political sutxlivision thereof is pledged to the payment oP the Bonds or the Hume Mortgages. Amounts fn the Revenue Ftmd are to he allxeted semiannually for deposit by the Trustee in the Following amounts mtd order of priority: I. Estimated Excess lsveatment Eersi:tgs Account: An amount, iP any, which is estimated to be not less thin "Excess Investment Earnings" for the period. 3. Operating Fund: An amount to pay curaent operating expenses oP the City ILA4xlated with the Program, (including special hazard insurance premiums, mortgage pool insurance. premiums, Compliance Agent and Administrator Pees, and annual 'fmtstee Pees and expenses). 8. laterest Fund: An amount equal to the Interest installment then payable on the Bonds. A. Home Mortgage Purchase Acootmt: An amount equal to any prior withdrawal Prom such account to pay principal on the Bonds, 5. Principal Fund; An amount equal [o the principal payment then due on the Bonds. 6. Debt Service Reserve Fuad: An amount, if wry, required to cause the amount on deposit in the Deb[ Service Reserve Fund to be equal to the Ueht Service Reserve Requirement (2% oP the principal amount of the Home Mortgages). 7. Prior Redemption Fund: Any rmnaining amamt to be applied to the. purchase or redemption of Bonds. Arzy amowrt in the Revenue Fwrd required In he deposited in the Principal Fund or calculated to he available for deposit in the Prior Redemption Fund on wry interest payment date may be applied to the purchase of Bonds. The amount initially deposited in the Debt Service Reserve Fund is gn~uter than the Uebt Service Reserve Requirement wrd invludes a provision for capitalized interest on the Bonds. Amounts in the Debt Service Reserve Fund may he used to makr, up any deficiency in the Interest or Principal Fwrd; on Imd after Meroh I, 1992, amnrmts in the Uebt Service Reserve Fwrd in eseess of the Debt Service Reserve Fund Requirement are to he deposited in the Revenue Fund. Whenever the amowrt in the Debt Setrviae Reserve k'wrd, together with other moneys available fur the purpose of payitrg debt service on the Bonds, is sufficient to provide for the payment of all outstanding Bonds, the amowrt in the Deht Service Reuarve Fund shall be deposited in the Prior Redemption Fwrd. the or hel'ore August I wrd February l of ew~h ,year the Trustee is required to estimate the nmximum investment earnings on non-mart gage investments held under the brdennrre whioh nary oonst it ate Pledged Revenues ("Estimated Maximum Investment Earningti') I'or Ihr sic months cndiry; un the succeeding 4ugust 30 rmd for the prat onding nn the surrerding I`cbrnnry •_'g('Z9), respect ively, Estimated Maximum Invest mrnt F..Irnings nu•um the product of ;m interest rate eyuul to the ,yield nw defined by &+rtimr 103,\ of the Ins renal Revcaue Code of 1954, as amended, wrd the regulations therermder) on the Bonds multiplied by the average daily balwwe of arnorwts held (wrd estimated to he held) carder the Indennme for the appropriate period. InvexUnen[ Earnings on nmr-mo.^tgrrg~e investments in excess of Estimated Mwctmwn 4rves4nenl Earnings shall be deposited in the. Estimated Excess Investment Earnings Account on the succeeding September l or March 1. On or before April l of each ,year the Trustee will make a final calculation as to the Excess Investment Earnings for the year eruiing on the next preceding February '?S(29). Excess Investment Enndngs mewus earnings on non-mortgage investments held carder the Indenture (includitrg wrrrelized gairu; wrd losses upon the retirement of the last outstenditrg' Bond) in excess of the sum of (i) Maximum Investment Eandngs (calculated on the beak of semi-annual compowrditrg) wrd (ii) actual losses on Home Mortgages. Excess Investment Eendnge, together with interest thereon frmn March 1, will be deposited [n the Excess (nvestment Fund free wrd clear of the lien of the Indenture end will be rendtted to the United States Treasury. Amounts, if any, thereafter remaining in the Estimated Excess Investment Earnings Accowrt will become available Por the purposes of the Revenue Fund. ASSUMPTIONS REGARDQJG REVENUES AND DEBT SERVICE REQUIREMENTS Payments on the Home Mortgages, together with amounts held carder the Indentrue (including developer commitment fees end earnings on amounts held under the Indenture other then Excess Investment Earnings), ere estimated to generate sufficient Pledged Revenues to pay on a timely Aesk the principal of sod Interest on the Bonds, special hazard lneurwrce and mortgage pool insrurence premiums, the Compliwme Agent end Administrator fee, and the Trustee's fees and certain other costs (including issuance expenses and Underwriter's discounU, on the basis of the following assumptions: 1. Home Mortgages bearing interest at % will be pru~chased on or prior to February 1, 1988, at a purchase price equal to 100% of their principal amowtt less an amount equal to the sum of the deferred portion, if any, of the developer's participation fee and interest thereon. 2. Payments on the Home Mortgages will be made substantially on a timely b;uis. In the case of defaults and foreclosures on the Home Mortgages, any settlement of claims on the mortgage insurance will be made at such time as, and in :m amount and in a form of payment which, together with moneys available in the Debt Service Reserve Fwrd, will allow the City to make scheduled payments of debt service on the Bonds, notwithstanding certain aspects of the mw2g'age insurance program described under "Home Mortgage Financing Program" below. 3. Amormts on deposit wider the Indenture will be invested as follows: Fund Ave a Amual Interest Rate Revenue Frmd Home Mortgage Prurhase Accowrt DeM Service Reserve Fund All F'wids ;u•e to be invested under an investment agreement with d. The Hume Mortgages will have terms of not more than 30 ,years and may provide 1'or levrl monthly payments of principal mid interest or for graduated I»ivmenls with annual increases, begiiming in the, second yeou• of the Home Mnrtgagr, of 7.~%o Ibr $ years. o. The avernge life of all Home Mortgages will uo[ be less than o years. The assumptions set forth above are based nn cru~rx~nt market eondit ions and practices, and subsequent events may not correspond to such asswn ptinns. For example, defaults on, and foreclosure proceedings with respect to, a substantial cum her of the Flome Mortgages could disrupt the flow of Pledged Revenues available for the payment of scheduled debt service on the Bonds because of delays involved in enforcing on~ditors' rights under California law and in collecting mortgage insurwnce benefits. 'fhe ability to collect on defaulted Home Mortgages is described wider "Home Mortgage Financing Program -Foreclosure". If interest rates nn conventional mortgage loans were to decline substantially and Fmrome competitive with the Home Mortgages, or the Homes are not comstnreted as currently anticipated, the City may not make Home Mortgages in the anticipated principal amount (,See "Home Mortgage Financing Program -Commitment Contracts"). The scheduled maturities of the Bonds assume no prepayment of Home Mortgages. If prepayments of Home Mortgages occur, an appropriate portion of Bonds will be redeemed (see "Home Mortgage Financing Program -Home Mortgage Prepayments'9. The remedies available to the City, including rights to mortgage insurance benefits, are in many respects dependent upon judicial actions which are often subject to discretion and delay. Legal opinions to be delivered concurrently with the delivery of the Bonds will be qualified as to the enforceability oC remedies by limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights oC creditors generally. See "Legality and Tax Exemption" for a discussion of the conditions under which interest on the Bonds is exempt from income taxation by the Cnited States of America. the Home Mortgages will be seciu•ed by Homes located solely within the City. The City does not make any representation with respect to the ability of tiny insurer of the Hnme Mortgages or the property secmrd [hereby to pay a claim under those ins:u•ance policies. HOME MORTGAGE FINANCING PROGRAM The City's Home Mortgage Financing Program (the "Program'9 is intended to provide permanent financing to "first time homebuyers" who intend to occupy a Home as a principal Home (except that 10°6 of the Home Mortgages may be made to persoru who du not qualify as "first time homebuyers'9, first time homebuyers are defined at persons who hate not had a present ownership interest (as defined in the Home Mortgage Purchase Agreements) in any principal Hnme during the three years prior to the esemrtion of the Home Mortgage. With respect to approximately S20,000,000" principal amount of the Home Mortgages for new or improved Homes, the Household Income of the mortgagor may not exceed la0% of the applicable median (ucome for families and with respect to the remaining principal amount of Home Mortgages for new or improved Homes, the Household Income of the mortgagor may not exceed L20% of the California statewide median income. The City hat determined that such Califonria statewide median income is currently 5°_8,100 (h0%" is currently S42,La0 and L?0"6 is currently 533,7?0). The prurhaw, price of Hwncs may net exceed I10'R~ of the applicabe Average Area Purehtute Price, which as of the date hereof the City has determined to he $110,000 for new Homes (110% currently equals $12L,0fi0) and SL17,700 for existing Homes (ll0% currently equals $129,470). Undec the Program, the City will ceserve funds derived from the sale of the Bonds for developers to provide permanent financing for Homes within the City. F.ach Home Mortgage will bear interest at a stated interest rate at indicated in "Assumptions Regarding Revenues and Debt Service Requirements", will have a term of approximately 30 years and will provide for (i) level monthly payments of principal and interest based on a thirty year amortization ("Level Payment Home Mortgages"), or (ii) monthly payments which increase at an annual rate of 7S% for the first five years and remain level thereafter ("Graduated Payment Home Mortgages"). The difference between the interest actually paid on a Graduated Payment Home Mortgage and the interest accruing thereon during the initial period will f>r added to principal. The Level Payment Nome Mortgages must be insured either by FHA under Section 203(h) of Lhe National Housing Act or partial coverage private mortgage guaranty insurance, and in both cases a mortgage pool policy, or by full coverage private mortgage guaranty irtsuranee. The Graduated Payment Home Mortgages must he insured either by FHA under Section 24o(b) of the National Housing Act and a mortgage pool policy or by full coverage private mortgage insurmrce. The Indenture provides that at the time all Bonds are paid pursnmft to the Indenhne the mortgug~ors' obligations on the then outstanding Home Mortgages will cease and be forgiven by the Trustee. Except as expressly otherwise provided, Lenders ;uv~ required to underwrite Home Mortgages pursuant to FNMA or FHLMC mid the private mortgage insurer's fmderwrit ing' criteria mid pear[ ire. Ilndrr rortain circumstances, wurtgagors with Hume Mortgages providing for level aumrtizat ion may have their monthly loan payments reduced pursuant to a supplement provided by a developer. Certain Definitions 1'hc following' definitions are used herein in describing the Program and summ;v~izing the t'ommit men[ Contracts (and Reservation of funds), the 14mne bfortgnge Purchase \grrenu•nts and the Indenture: ":\equisition Cost" memos the cost of acquiring a Home from the devclopon or other sellers •,ws n completed residential unit. Such cost includes (i) all amounts paid, either in r,>sh or in kind, by the mortgagor (oc a related Party or for the Iaenel'it of the mortgagor) Io Ihr drvelnpf~r or other seller (or a related party ar fur the tx:Ile Flt 11f the deVelalN`P OC of her sellnr) as consideration for the Home; m;d (iiI it' ;t Home is incomplete, the reasonable rust of completing the Home whether or not the cost of rmnpleting roost ruction is to Mr I'inanred with Bond proceeds; Md does not ineWde (i) the usual ;md reasonable set; lemrnl costs (titling and [runnier costs, title insfmance, survey fees, m;d ut her si inilnr rusts) or (ii) Financing rosin (credit referrnre fens, legal fees, nppr•nisd ~•sprom•n. "point ti' which are paid by the huYer Ihut not the seller, even Urough harm by the buyer through a higher purchase price), ar other costs of financing the Hmnr), to the o~tont that the aurounts do not exceed the usual and reasonable costs which would M• paid by i he buyer where finmming is not provided through the Bonds. ":\vcrage Area Pfuhase Price" means the higher of: (i) the average area pwchase price ;~s most recently published by the lJnited States Treasury Department nr (ill such amount .vs shall tie determined by the City as the average purchasf: price of all stogie-family residences in the appropriate statistical area for the most recent I:? month period for which sufficient statistical information is available (based upon (D a comprehensive survey (which survey shall he haled upon data in the relevant county assessor's office) of residential housing' sales in the appropriate statistical area and (ii) an opinion of nationally recognized bond or tax counsel that such amowd so determined by the City will not cause interest on the, Bonds to he subject to E'ederul income taxation). The determination with respect to Average Area Purchase Price is made separately with respect to (i) Homes which have not been previously occupied ("New Fiomes'") and (ii) Homes which have been previously occupied ("Existing Homes'9. As of the date hereof the City has determined that the Average Area Purchase Price for New Homes is $110,6IX) and the Average Area Purchase Price For Existing Homes is $1 I7,7W. "Bond Obligation" memo the aggregate principal amount, as of the Interest Payment Uate next prior to the date of calculation (unless the date of oalculatimt is mf hderx~st Payment Dntfa in which case as of such Interest Payment Date), of tht: Outstanding Bonds. "Home" means real property improved with a residential stmteture and located in the City, the finarming of which is or may hereafter be permitted trader the Act and the Indenture. Home includes single-Family attached or detached residential units, townhouse residential wets and condominium residential units. "Household Income" means the current gross aggregate income as calculated by the Lender for purposes of qualifying a mortgagor For a Home Mortgage, together with the gross aggregate income of all persons who intend to reside permwtently with such person in one dwelling unit, regardless of whether such persons resided with such person at wty time N the past. "Income Qualified Persons or Families" means persons or families, as determined from time to time by the City in accordance with the Act and as specified in the Commitment Contracts and, from time to time, in the Rules wtd Regulations of the City, as follows: With respect to not Less than S principal amowd of Home Mortgages purchased by the "fmtstee, Income Qualified Persons or Families mewls persons or families who are: (a) the first occupants of the Home (i.e., new or improved Homes) wtd have a Household Income which does not exceed 120% nF the applicable mediwt household income (I'?0% currently equals 533,720); or (h) not the first occupants of the Home fi.e., existing Homes not improved); provided that not more than d0°6 of the net proceeds of the Bonds are so used wtd: til with respect to not leas than ii0% of the principal nmowrt of such Home 5fortgngcs, hour a Household Inrmnn which does not exceed 90°b of the applicable mrdi:m household inrnme 1!10°6 currently equals ti2i,^90); ~md (ii) with respect to the remaining principal antowtt of such Home Mortgages, have a Household Income which does not exceed l00% of the applicable mediwt household income (I00°6 currently equals S28,100). Pursuant to the foregoing, the Trostee may purchase a Home Mortgage secured by a previously occupied Home and payable by a mortgagor whose income exceeds 90 % (but not I00°6) of the applicable mediwt household income provided that not less than 50% of the aggregate principal amount eF such Home Mortgages theretofore purchased and similarly secured shall, as of the time of purchase, be payable by mortgagors whose incomes do not exceed 30% of applicable median household income. With respect to approximately 520,000,000• principal amount of Home Mortgages purchased by the Yrustce, Income Qualified Persons or Families means persons or families who are: (a) the first occupants of the Home (i.e., new or improved Homes) and have a Household Income which does not exceed 150% of the applicable median household income (l50°/ currently equals $42, I5W; or (b) not the first occupants of the Home (i.e., existing Homes, not improved); provided that not more than 40% of the nel proceeds of the Roods are so rued and: Preliminary; subject to change. (i) with respect to not less than ••?0% of the principal amowtt of such Home Mortgages have a Household Income which does not exceed 1l0% of the applicable median household income (L 10 % currently equals 930,910); and (ii) with respect to the remaining principal amount of such Homy. Mori gages have a Household Income which does nM eu•eed I°0"v, of the applicable median household income (120"h currently equals S33,720). I'ursu;mt to the foregoing, the Trust ec may purohusa~ n Home Mortgage srournd by a previously occupied home wui payable by a mortgagor whose Income exceeds t (0"b (hut not I•~0"~") of the applicahlr, medi,m household income provided that not less th;tn °0%of the aggregate principal amount of such Home Mortgages theretofore pturhased [md similarly secured shall, ;u of the time of purch~ue, be payable by mortgagors whose ineonu•s do not exceed l10"~ of the npplicnMe median household income. "Section 103A" means Seetim[ 103 of the Internal Revenue (:ode of 19od, as unu•nded, wtd the regulations thertnmder. Commitment Contracts l'nder eavh (bmmit mint ('onh•vt, thr Pity agrees to res,•rvo For raoh dcccloper the amown specified below Co m;il<e Home Mortgages to Finmme the pEUrhase of Homes Inc:u ed in the City. Developer Amount \-Al ('mn pwty h nul'man & Oroad of 9md hero Cali Fornin, Inc. \l;u•Iborough Uesrlnpment Corpora inn Thr Will i~,im I:vmi ('ompanv Hirhwmul Uerelnpnuail Cu. f~S,\ Protwrties Fiord Ltd. Lowy Develupmenl Corp. Lewis Ilonus of Cnlifo[nia The develope:n have romtructed ar ;tre planning la ruustrurt npprosimately SSO homes the purchase of which is to be Financed frmn :unowtts in the home Mortgage Purchase ,\rcounl. Each developmr agrees to use its h<sl cl'fbrtx to nutrket Homer ro enable. the Lmtders to originate Home Mortgages in the specified amount by February L, 1988. A developer may transFer his reservation to :uty other developer which has, prior to Om delivery of the Omvls, entered into a Commitment Contract with Ute City k'or use exeh[sively with respect to the project described in such Cmnmitment Contract. In addition, upon written approval of the City, the Unrkarwriter w[d the private mortgage insu•er, the developer may, subject to the same conditions, transfer more than IO% of its msrrvatlw[ to a developer which has not previously catered into a CommlHnrnt Contract. Not morn, than 10% of a developer's reservation may M' trwtsferred to a developer, which has not, prior t.o delivery of the Rands, entered into a Commihnent Cmttracl with the City, upon written approval by the City on a case by cryse, basis. ID t'ndor the (bnnnit meat Cont rant each developer is required to rcpresont with rralx•tt w t•arh of its newly-cons( rutted Banes the pturhnse of which is finmrctd under the Program that ;mrarg other things: (I) the Home is a stogie-('amity tioute the t•onst Purl tun of which is romplr[e; (`!1 all the land Ming sold with the ^omr Ir~usotiably' motet pins the b:uir Iivabilit>~ of ihr Home omd the Iturd is eat subjeot M fort bar ~ulxii~td.,ur; r.;; the Aryui,it luu (bst al' Ihr Home• does eat r•wrr•od 110"„ of the 4vrragr -1 re;r Pm+~haa,. Prig; fi) the soU lenient and 1'inmu•ing Pasts do nut t~rrrd ihe• usual and rrueun;ddr roars thus would Mr paid V(v the mart g'ngor tvhor+• finnnrin;; cans nut provided tlu ru;;h t6~. Iinnds; lo) ihr Aendoprr has not rutrreul Into :un ~~rl;rvrnn•ui with Ihn un nl pa ;ur purvmnt In which Ihr nux4 g~agor hati agreed to pay uunu•~s in rsrec. of the \rqui~ii inn t~otit ul' ihr Ilona; (other thou rrnruls, in nn amount nut to r~rred ihr iltir rem~.;1 ~:dur ul' tlu• ^ouu•, 'as dclennincd by Ihr Lender, pntsu;urt to n U•uqumnry re•nUri :UP'~•ruu•nl with Ihq propastd numt g'agor pendin;; pm•rlnnsr b} the 'trust rr un brlerif aF Urr 1 try ol''Ihr Hnnr• Mnrt;;nge srrurrd by tlo• Hnntet or pmwwmt fo which :m~ portion aF the fGano h»s h+•~.n IvCt nnt'inishtd or any fi~.t ores or other nrthih•rUU•u( :q;poinnnrnLS hoer b~•rn omifirJ ur rv~mu~rd 1'rum thu Nome in order la t+•duro lht ~Arquisit ion (1rht; n;) Nrr Hnwr is oat Iarnird on Iv lstd Innd or, if the Home is pur<•lu+srd subjrr! w:my ,round L•:ur, the roph ulizrd i'dur nP sorb ground Ir:vsr has hcen Intludrd In ihr ~Arquisit inn +'usl; 1'il Ih~~ Ilunn• is lurutcd within the Clt,y; 1$) no Port ton of the proterds of Ihr Ilom+t Vlort;; ~,rg;• will br usrJ to atyuire ur replnoe :m existing mart ;;agt• or Aced of Irutit, rvcrpt (or rnml ~^,n •1lnn nr other Iengmr;try 1'in;moing; :Led 6q Ihn Homc, if ntw ly t•nnst reeled, h;v5 nm been prt~iuusly artnpied, r¢eept put5uunt U> a trmpornry rr,uhti ~,u•rnngrnumt with thee prnpaeeA nurrt P,n;;nr 1»•nding purchase by Urr 1'ruxtrr on Ix•ludi nl' the t'ity of the tlatm• VL n1 ;;~,~~;~ ~r~•nrrJ b~ Ilu• Homy. Home yhrrt gage Pnrrhasr Ap cements I'hr 11 n,+; ~~r nn }x~hdlf nl' Ihr Pity in to pw+•hav Honu~ Mory;a;V•ti nri;;iu~elyd irv Ihr m~h•:~ lu Ihr ~,;munnis Sri I'nrAh below. Lenrlrr Originating nn behalf of Amnunf ll I.;.~ AAn'1 ;;n;~r r'o. ( ilk Rnn.i dmi (tort gage eYmpnr^ation ~'~doui:J ALn9;;ngr Srrvirr l'om p»ny lsnn+~inle•~, Inc. I'~n SI ;~~~Ilifm'n l'.I Murl };age l'o. Inc ~~r; rot tweet AInrt ;;ngr f'uugrnny ti6o-Il•d Mnrl µalq• f'nrpor•,rtinu ~_.,•-~- i:uth Lender »grrrs In use iln Mst efforts to originate Humr Mortgages in mr ugfpr•;;»ir prinrip;+l »numnl rqunl In the ;unnunt sat Yartlr nhovo al'icr hs manic an or br l'ur~• Frbr'uary 1, I:r88. IC:mh LonAtr will rrpresrnt with rrxpert to oarh F(ome Mortgage originrtlt•d by i( for the Trust or tkat, :unong nt her things, no Parts have Dome in file attention of file Linder which would reuse Ihr In•ndrr to disfxtlinvc oe douM the tenth of the fallowing ttlcl5 with rtspett In tiur6 Homy Mori gngr: (al the related flame is located within the City; (h) the Homo wilt hr oronpirrl by the mortg;tgar as the mortgagor's prineip;+l plave of rv~sidente within r;U d»yv Ibllawing exrrut ion nl' the Ilene Mortgage »nd ihr, mart girt;or int.rnds in orrnpy Ihr Hnmt ur Inng ;vs the Home Mari gage is worst carding which in no Decor shall he less then two yews; (e) the mortgagor does not expect to use the Home in trade or business or as an investment property or as a recreational home nr for the Iwrd appurtenant to the Home to provide, other thwr incidentally, a source of income; (d) the mortgagor has not had a present ownership interest (as defined) in n principal Home at wry time dw•ing the 3-year period prior to the date on which the Home Mortgage is executed (except that l0% of the home Mortgages may be made to mortgagors who have had present o.v; n,~ship interests); (e) the Acquisition Cast of the Home does nut exceed t t(Y'/n of the Average Area Purr•hese Price at the time the Horne Mortgage Is executed; (f) the mortg'ngor has not entered into any agreemeul with the Aeveloper of the Ilonm, the rmdrartor, nr wIy other person pwsuwr[ to which the mortgagor has ngreud to pay moneys In exoess of the Aryuisit ion Cost of the Home, (other thwr rentals, iu .m amount nut to exorrd the fair rent al vahre of the Honn•, us determ inrd by the Lender, pwsuwrt to a U•mporur:v rental ugrvement with the seller pending' purchxur by the 'trustee mr behalf uF the City nl'the Homy. Mortgage aerured by the (tome) or plusuw;t to which wty portion of the Ilomr has been left wrfinished or ;ury Fixtures or other ;urhitcetural appointments h,ne been omillf•rl or removed from the Home In OCder [e PC(hlee HIe Acquisition Cosh, (g) thf• flonu' is nor Ioc•ated on lensed land or, it' the Horne is purchased subject to any grotmd Irnsr, Ihf •u Ihf• rapitalizrd value ot'sneh grotmd lease bus Mam included in the :loquisitimr ('nsi; OU the mortgagor has not been u party to wr,y form of owner-finwtning (whether or not p;dd off) nn the Hume at any time prior to execution of the Hanle Mortgage; (i) the nmrtgagnr will not ;wc ;my portion of the proceeds of the Home Murtguge Io replace Im existing mortgage or dyed of trust; (j) the Home, if Ilew'1,1' UUOFIPpet f'd, AILS no[ been previously arupird, except on ~m interim rental bulls itt rents nut to ou•erd fair rental value as rleterm toed by the Lender, pursuwn to x tmnpor;uy rwrt ul ugroeuu:nt with the seller pending purvhasr by the Trustee on behalf' of the City of the Home Mortgage secured by the Home; (k) tln: mortgagor wtd seller have rend the mortgagor's affidavit ;md sellers affidavit required by the Agreemenq (0 authorized represent stt ivrs of the Lender have conducted invest ig.u torts to ;usure the truth of the rertifientions root wined in the mortgagor's affidavit ;md seller's affidavit fd the time nY exerul ion of Iho Home Mnrtgngu ;md the mortgagor ;wd sf=tier have provided such information or• no;•rss to sorb informal inn, :m deemed appropriate by the Lender in connect ion with its iuvestigxt inn; (tnl the. Home is a stogie-family Home, the construction of which is complete,; (n) all the I:md taring sold or leased with the Home reasonnhl,y mninluins the hxsio livability of the Hnme wtd is nM subject to f;u•ther sutxlivision; (N tho u!ttlrnlent wed finwwing costs do not exoerd the usual wed rexsonnMe costs that would he paid by the mortgagor where finwtcing was not provided through [he Bonds; curd (p) the, Lender has no knowledge of ;my cireumstrmves or ennditimrs with reaper[ to the Home Mortgage or the mortgagor that could re;uonnhly expect it to cause private investors to regard the Homc Momgage us an unacceptable invesUnent, cause the liome Mortgage to Frerome delinquent, or adversely affect the value or mnrketablli[,y of the Home Mortgage, except that the wmual interest rate on the Home Mortgage may be xbelow-market 6tterest rate, In ommcrtion with the submission of each Home Mortgage for purxhase, the Trustee is to rreeive. a home Mortgage Application Pneknge including, among other things, wr appraisal of the Ilomr., u credit report on the moMgegor, a mortgag'or's affidavit wed a seller's affidavit and a commitment to Insure [he Hame Mortgage. The lender may charge ;w origination fee oP l/2 of P% of the principal amount of the Home Mortgage. The City will collect wr origination fee of I/4 oP 1% of the principal amowrt of the Home Mortgage. lJpnn approval for purchase (which le conditioned, among other things, upon receipt by the Trustee oP n certiPfcate of compliance with Seetlon 103A with respect to ew:h Home Mortgage from the Compliance Agent), the escrow company will br, instructed to close the escrow when it receives: (i) [he mortgagor's down payment; (iq the original mortgage note; (iii) the mortgage. Pally executed in recordable form asalgned to the Trustee and either recorded or accompanied by irrevooable instruotiotrs to record upon closing of the escrow; (iv) a current American Lend Title Assonlatinn Mortgage title 12 insurance policy endorsed to the Trustee (or a preliminary title repots and irrevocable instructimu to close the escrow when the policy can be issued); (v) a hazard iusru•arme policy and an earthquake insurance policy (if commercially available); (vi) a certificate as to coverage under the special hazard insurance policy; (vii) a private mortgage insruance or FHA insurance certificate; and (viii) a final subdivision repots and certificate of occup:mcy. It' mCy document required by the Agreement is defective in any mat e. rial respe:a, the Lender is required to cure the defect within 60 days from the time the Trustee notifies the Lender of the existence of the defect :urd il' such defect cannut be cured within such period, the Lender is required not later than JO days after the Trustee's notice to it rYSSpf',Cting' SUCK defect, to repurchase such dome Mortgage from the Trustee at a price eyunl to L00"% of the principal remaining unpaid on such Home Mortg:rg~e plcs accrued and mtpaid interest thereon to the dare of repurchase. Servicing Agreements Rrrnmnt to a separate Servicing Agreement, each Lender is Co urvice the Home Moctgag~es it originates for a mm~thly servicing fee equal to I/I'2 of l/n of I"6 of the nutsumding principal balm:ce uP each Home Mortgage. The Lender is to esereiu all reasonable efforts to collect payments clue from mortgagors with respect to Home Mortgages and on the IOth mrd on the earlier of the last d;ry oC eaoh month or the 30th day of each month remit to the Trustee all Horne Mortgage receipts (nrt of servicing fees mtd impound payments) received through the 7th day and ^_oth day n•spect ively provided that prepayments and net intitm:utce or forerlosurr, pmor•cds ;ur to be remitted nn the next business day. Hume Mortgage receipts are to be deposited on ;r daily Mitiin with the Trustee or into a cnstaiial nci•mmt insured by the 1'edrral I)r posil Insurmoe 1'orporatinn or the Fedcr;tl Savin;;ti :uui Ln;m Insur;uur 1'orpnr::t ir.d. It' the nggregutc amount of monthly IIISLlII111P.111 payli1e11tS nn Home Mortgages due on the first day of any month have not been received by Ure Lender by the IOth day nC snob mouth, Ihr Lender is obligated to notify the Trustee artd yEREh As•;urunoe, Inc. (see "P:mtial Private Mnrt gage Guaranty Inswartee" and "Full Coverage Private Mortgage Insurm<•e" bebwl. It' the Lender discovers, or is notified by the City or the Trustee, that (i) all or arty portion of the mortgagor's affidavit contains arty materially incorrect statement of far[ or (ii) the Home Mortgage has been assumed in violation of the provisions thereof, the Lender is to provide notice oP default to the mortgagor, to declare the entire rmpaid balance of the Home Mortgage due and payable and, if the mortgagor does not pay in full the reamaining balarme of the Nome Mortgage, together with accrued interest, to pursue foreolnsurw remedies on behalf of the City nod, to the extent required, collect private mortgage insumance benefits. llpnn the sale of a Home subject to a Home Mortgage, the Lender may approve an o-vssumption of the Nome Mortgage only in the evens the City, the Lender, the Mortgage Insurer, ;md the Compliance Agent hove approved such assumption artd if, among other things, the requirements with respect to principal Home, absence of present ownership interest and Acquisition Cost are satisfied. 13 Administrator and Compliance Agent Urban Futtues, incorporated, Fullerton, Califortia, will serve as Administrator and Compliance Agent in connection with the origination and servicing of Home Mortgages and will undertake certain duties, including approval of the Home Mortgages and supervision of performance of the Lenders as servicers and monitoring the compliance of Ilome Mortgages and mortgagors with the requirements of the City's Program including California and federal laws. The Administrator may estabiish and, from time to time, revise reasonable written standaMs detailing uniform procedures to be used mid complied with by the Lenders. The Lenders agree to comply with such reasonable standards and to submit such reports, provide such documents and permit such access to information as the Administrator may reasonably request. Ender a Compliance Agreement, Urban E'utures, Incorporated, will act as Program Compliance Agent and, among other things, will undertake to determine that (a) the Lenders have certified that the types and amow~ts of the settlement and financing costs, fees and other similar charges collected by each Lender [o verify that they do not contain .my items which are not, or amowt(s in excess of, usual and reasonable settlement and fin:mcing costs, fees and other similar charges which would he paid by the martgagor where the financing is not provided through a qualified mortgage band issue; (h) with rrspeot to whether a mortgagor of a Home (except for the IO% of Uie Home Mortgages not required to be made to "first time homebuyers'9 had a present ovmenhip interest in a principal residence at any time during the prior three years, to examine, in addition to the reyuired affidavits, copies of the mortgagor's federal income tax returns to confirm that, during the preceding three years, the mortgagor did not claim deductio~~s for taxes or interest on indebtedness with respect to real property constituting his or her principal residence or, if any such tax returns cur, nM provided by the mortgagor or otherwise oMained, an appropriate affidavit and any other documentary evidence obtained by eit~h Lender to ascertain the xccurary and completeness of such evidence; Ic) with respect to whether the Acquisition Cost of the Home exceeds l10% of the ,1ver.y;c Arna Ptur•hivse Price, to determine that the Home has mi Acquisition Cost not exceeding the Averagr, Area Purchase Price for new Homes or existing Homes, as the case may be, in the statistical area in which such Home is located; and (d) generally to review and examine each of the reyuired affidavits, individually and collectively, For completeness mid intental casistency and romplimtce with the requirements of Section I03A set forth wider the Program. The Foregoing pra:edures are not exhaustive and in no way Hmit the obligation of the Compliance Agent under the Compliance Agreement to review and examine affidavits and other doewnentation provided in accordance with the Home Mortgage Purchase Agreement The CompBance Agreement provides, however, that in no event shall the Compliance Agent have responsibility for the loss of the tax-exempt status of the Bonds or for the curing or repurchase of any defective Home Mortgage. FuH Coverage Private Mortgage Insurance VEREX Assurance, Inc., a Wisconsin corporation (the "Mortgage Insurer"), will provide full coverage mor[g'age insurance for the Graduated Payment Hame Mortgages and Level Payment Home Mortgages under its master policy and an advance payments endorsement thereto (collectively referred to as the "Policy'9. The following description of the Policy and the coverage thereunder is only a brief outline and does not ptnport to be comprehensive or definitive and such outline is qualified in its entirety by reference to the Pnlicy itself. l4 Each Flome Mortgage may be insured wider a Policy issued by the Mortgage Insru•er. The City, the Trustee and the Lender will be named Instu•eds (collectively, the "Insured'7, as their interests may appear under each Policy. The coverage under the Policy is for the full amount of the claim as described below. M1'o claim may be filed under the Policy until the Insured has acquired merchantable title to [he property mrd possession of the property. Unless otherwise agreed to by the Mortgage 6rsrrer, a claim under the Policy must Irt filed within SO days after the occurrence of a default. As conditions precedent to the filing and/or payment of a claim muter the Policy, the Insured mush (U have accomplished all construct ion, additions ;urd improvements nrcr~ssnry to complete the mortgaged property :u rontem plat ed by the Polity, ('Z) in the event of au~y physical loss or damage to the wortgagwl prola~rty, have restored rmd rrpairr<d the mortgaged profn~rty to at least :u good a vondit ion ;u existed nt the, efPeotlve date of the Policy and to contemplated by the Policy, nrdimtr}~ wear ;urd tear excepted, and (3) pending the filing turd settlement oP a claim, advance QO standard and special hnr.;trd insurrmre premiums, ,rod (h) ;u necessary :rod approved in adv:urce by the Mart gtgc Insurer, (i) real estate property taxes ,rod expenses to preserve, repair and prevnnt waste to Ihr mortgngrd property :u contemplated by the Policy, ordinary wr.:rr :rod tear excepted, (iii safes ezprnses and (iii) foreclosure posts inchrding court costs .rod reasonable, attorneys' fees. Other provisions acrd conditions of the Policy provide that: (1) no rhmrg~e shall be mode in the terms of a Hume Mortgage without the consmtt of the Mortgage Insurer; (••?) written notice shall he given to the Mortgage Instrer within l0 days after the Insured becomes aware that n mortgngnr Is delinyuent in two monthly payments doe under the Home Mort gngr or that imy prorerding's uffrrt ing the mort g'ngor's interest in the mortgngrd proprrty have been oommenrrd, wed the Insumd shall report monthly to the Mort gage Insurer ;hn ehtU;S of any such Ilonu• ~lortgagc im[il the Hoare Mort gage is brought rurrem, such proceedings are terminated or n r•Inim is filed; (3) the Insred slutll rpm mrnvr ;rod diligently pursue Curerlosure or npproprintr prot•cedings to acyuire title to and possession of the mortgaged proprrty at the riireetion of the Ylortgage Insurer or, tvhrn the num[gngnr M•eontes delinquent in tour nr more monthly payments on the Hotne; Afortgag'e, shall notify the Mortgage lasurer of the institution of such proceedings caul provide it with copies of documents rnlating thereto, shall notify the Mortgage huunr of the unpaid principal balance of the Home Mortgage ;rod accrued ;rod unpaid interest thereon at least to days prior to the sale of the mortgaged property by foreclosure mrd shall bid such amormt unless the Mort gstge hrswrr specifies a lower or higher amount; ;rod (4) the lasured imty accept a deed in lieu of Foreclosure only if the ability of the lasured to usign specified rights to the Mortgage lusiu•er are not thereby impaired. The amount of a claim for benefits consists of: (U tho wrpaid principal amount of the Home Mortgage and accrued mrd unpaid interest thereon; and (2) the, amowrt of advances made by the Inswed in accordance with the Policy less (a) all rents or other payments collcrtnd or mreived by the Insured (other tharr the proceeds of hazard insurance) which am derived from the mortgaged property, the mortgagor, an insurance company or any other person, (h) hazard insurance proceeds in excess of the amount required to restore the mortgaged property, (c) amounts expended by the Instmed but not approve) by the Mortgage Insurer, (d) advance claim payments previously made and (e) unpaid premiums. The Mortgage Insurer has the option of: (ll requiring that the Insured (a) sell the morl:gaged property to a thiN party on terms the Mortgage Instrrer approves or directs, in which event the Mortgage Insurer pays the Insured the entire amount of the claim for benefits less the net proceeds from the sale, or (hI convey the mortgaged property to the 1.5 Mortgage Insurer, in which event the Mortgage lnsurer pays the Insured the entire amount of the claim for benefits; or (2) paying the sum of the delinquent monthly payments and thereafter continuing to make the monthly payments which would have become due under the terms of the Home Mortgage w)til the property is brought current or sold as described in (ll above. The Policy additionally provides for an advance payments procedure pursuant to Which the Mortgage Instuer, within 10 days of receipt of written notice from the Insured, is required to make monthly payments to the hLSUred with respect to a Home Mortgage on which a mortgagor is delinyuent in two or more monthly payments of principal W)d interest. The Mortgage Insuuer advar)ces to the Tn)stee Wl amount equal to all delinquent payments of principal W)d interest (except payments duc solely as a result of acceleration of the Home Mortgage) Wtd is required thereafter to continue to make payments each month of the principal and interest due on such Flome Mortgage tmtii the Home Mortgage is brought current or the claim is settled with the Tm)stee in accordance with the Policy. The Mortgage Insurer will he reimbursed for such advance payments made on a Ilome yortgage either from payments received by' the lnsuced on account of any such Home Mortgage from the mortgagor, an insurer of the mortgaged property or from the proceeds of the foreclostue sale nr conveyanc•e of the mortgaged property. Any tuupimbursed advm)ce; payment will be oft'set against any claim payment to the Insured. V F;RES .4sstu•;mre, Inc., a Wisconsin corporation Wtd a wholly-owned subsidiary of Vere~ ('orporntion, art r\rizona corporation, which is in from wholly-owned by The Gta:yhound Corporation, is engaged principally in the Muiness of ins)ming mortgage loans on residential properties ftgain5t default in payment by the mortgagor. Insurance is M'fered to approved mortgage fending institutimts in all states. Information concerning Finanrb)I :md st ntistk~al )m)tters are contained in the Private Mortgage Insurer's annual statemcnl filed with :md available from the in5)maneP. department of the State oC California. F'HA Insurance A (Iradunted Pnymm~t Ilome Mortgage may Me insured by the Federal Housing 4dminist ration ("FH;\'7 pwsuwit to Section 3Ab(b) of the National Housing Act Wtd a Level Payment Homc Mort g;tge mny he insured by FI1A pursuant to Section''?03(6) of the National Hmising Aot. Under the S)rtion 307(6) program, mortgage loans provide for level amortization payments; under the Section 34a(h) progrmn, a mart gagor whose income is expected to increase, outs the first years ol'the term of the mortgage IoW) may qualify for a mortgage IoW) which initially provides fur a monthly mortgage payment which is less than that necessary to pay Interest on the prinoipal amount of the mortgage loan, with the principal balance of the mortgage IoW) aut0)a aticaHy increasing to cover the amotmt by which the monthly payment. is less thW) the interest due. The, mmnthly payment is increased by 7.0 each year during the first five years that the mortgage loan is outstanding, which is the percentage necessary to amortize the mortgage loan over 30 years. FFIA PE;gVlat10fL5 provide that insurWSC benefits are payable either upon Foreclosure (or other acquisition or posu:ssion) arui conveyance of the mortgaged premises to FHA or upon assignment of the defaulted mortgage loan to FHA. The Trustee will have the right to claim i)LSUranoe henePits in the case of certain non-monetary defaults relating to the Federal tax law requirements of the Program (See "[,egality and Tax Exemption" herein.) With respect to the assignment of nmrtgaged premises to FHA, mortgagees must first make a determination as to whether the default is caused by a circumstWme, or set of circumstWtces beyond the mortgagor's control which temporarily renders the family lfi financially unable to mue the delinquency within a reasonable time or make full mortgage payments. If a determination is made that the default is caused by sue•h circumstances, FHA must be requested to accept assignment and mast have rejected the reyuest in order for the mortgagee to initiate foreclosure proceedings. Insurance benefits upon conveyance of the mortgaged premises to PFIA are equal to 100"'.. of the outsCmding principal bahmce of the mortgage loan plus interest as desrrilwd below and certain ;uiditional posts ;end espmtES. I'lli has the option to pay insurance claims in rash or in debenhtrns issued by FHA. Since 19riii, FIIA policry~, subject [o change at arty time, has been to m;dce iusrsmu•e payments on single family mortgage lo;ms in cash with respect to all programs covering sorb units ;ts to which it has discretion Lo determine the form of insurance payment. No assurtwres, however, can be given that FHA will eonClnue to foliow that policy. P H:\ debentures issued in sat isfartion of F'HA insuratu•e claims ;u•c payable ?0 ye:us from the date of their issuance, and bear interest ;tt the FIiA deM~ntm•e interest raft in ef1'ert under FHA regtilations on the date of the mortgage instu•:utce commitment or of the initial rertifirate of mortgage insurance of the mnrtgag~e lo;w, whichever rah: is higher. The payment of principal on a debenture would not necessv~ih~ pmcidr for timely payment of principal of the Hoods. The PHA debenture interest rates applicable to the Home M1fortguges may he lower than the interest rates on the Homr Mortgages. The FHA debenhrre interest rote applicable to FHA insured mortgage loans :~ of Jaruuuy 1, 108a, is l L0'_'o°6; tLr. FIIA debenture interest rate is adjusted semiannually to reflect rur•rrnt m;u•ket c•ondit ions. There is a limited m;trket for the debentures. When rntit lenient to insurarce Fxnrfits results from 1'oreelnsure.(or other nrquisltim; or• pnssrssioN wtd cmrvey:maq the insrmance pnymrnt is computed as of the date of drf~,ndt by the nurrtgngnr, which under FH:\ regvhttions will occur no Irtis than 30 Joys :u1rr rhr firwt unourrerhtJ failure to perform Ivry nhligntion under the mortgage, carrpt I hot ~s In failure to nutke aqy required ntnrt gage pay;nrnt, the delimit will occur no Irss Ilum HO Jny:ti after ihr hkst full mortgngr payment, :end the mart gage holder o!nrrnll,y is not romprnsuled for mortgage, interest accrued ;end unpaid prior to the date of rlel':udt. I ndrr woh rirrumsl,mres, the ammmt of insur;mrr benefits gcm•rdly paid by PFIA is ryunl to ihr unpaid principal ;unoutrt of the nicer g;tgr loon ndjush•d to reimburse ihr ni net g;rgce for reef nin tar, insurance and similar Payments made by it :end to deduct o;~rtnin nnunmis arrived or rehtined by the mortgagee after default, plus reimbursement nut Nr e~rerd '_'/8 0l' the mort.gagee's foreclosure costs. When entitlement to insur:mcc Ixnrefits result from ;cssignment of the mnrtgng~e loan to FH:\, the insurmre payment is computed as of the date of the assignment and Includes full compensation 1'or mortgage Interest ut the rate slipulatt;d in the mortgage loan anorued ;end unpaid to the assignment. date. The regulations render all FHA instmartce programs descriMed above provide that the iasur;mce payment itself shall bear interest From the date of default nr assigtunent, where applicable, to the date of payment of the claim at the same interest rate ;ts the applicable PIL\ debenture rate determined in the manner set forth ahovo. :\ny property damaged by fire, earthquake or flood is requin~d [o he repaired by the mortgage holder prior to conveyace or assignment to PIfA, unless F'HA has previously approved a request of the mortgage holder not to repair the property and the cost of the damage Is deduct ed from the, r,laim. Further, the servirnr must have taken reasonable action to protect curd preserve the property iC vacsurt or abandoned. In order to obtain title to and possession of the propertyy upon forerlosttre, the Trustee will pursue its rights under the power of sale contained in the deed of trust. subject to the constraints imposed by applicable California laws and by PFIA. The FHA l7 constraints requle, except N certain limited situations, that, absent the consent of the mortgagor, at least three full monthly installments he due and unpaid under the mortgage before the mortgagee may initiate any action leading to foreclosure of the mortgage. F FIA regulations also require, in most cases, within the three-month period, a face-to-face conference between the mortgagee or its designee and the mortgagor in an effort to cure the delinquency without foreclosure. Partial Coverage Private Mortgage Guaranty Insurance A Level Payment Home Mortgage may to be insured under a partial coverage private mortgage guaranty insurance policy. V"F.RE\ .Assur:mer, Inc. (the "Mortgage Insurer°) has agreed to provide, subject to certain conditions, mortgage guaranty insurance for the Level P;\vment Home Mortgage under a master policy (the "Policy'). The City, the Trustee ;rod the lender will be named insureds (collerticely, the "Insured"), as their interests may appear, under each Policy. Under the Policy a claim includes unpaid principal, accrued interest to the date of tender of the property to the Mortgage Instuvtr trod remain expenses. When a claim is presented, the Mortgage Insurer will have the option of paying the claim in full, taking title to the Home and arranging For its sale, or paying the htsiu•[:d a pemenLtg'e of the claim and allowing the Trustee to retain title to the Home. As conditions precedent to the payment of a claim under the Policy, the Lender or Tm[stee must, among other thimgs, (i) in the event of any physical loss or damage to the Home, have restored >md repaired the Hnmo to at least us good s condition as existed at the effective date of the Policy, ordinary wear and tear excepted, (ii) pending the filing ,mrl sett lrment of a claim, advance harud insur:mre premiums, real property tuxes and prola•rty protection ;rod preservution expenses, sales mprnses and foreclosure costs and (iiil tenrlrr to the hlorigage Insurer good ;rod merrhnnfable title ro ;rod possession of the Ilnmo. ['laims nurvt be made within 60 drays after the Lender, m[ behalf of the Ci[y, bus ncyuired merchantable title to the property through foreclosuur. or otherwise. A claim nwst he paid within 30 days after the Lender makes the claim. In no Pvent, however, will the M1foMgage Insurer pay an amowrt which exceeds its coverage, which coverage lim itatioas ;tre set forth below. Each mortgagor is required to maintain throughout the term of each Home Mortgage private mortgage guaranty insurance under the Pnlir.,y with the following roverag'es: Required Insuuance Initial Loan-to-Value Ratio Coverage 91 % - 05% gpvi, Sti % - 30 % g5 8l % - 85 % 30% 71% -80% 25% fil% -70% •~0% fi0% or less lb% Information relating to the Mortgage Insurer's assets, capital and surplus, statutory and contingency reserves, total insurance in force, ratio of expenses to premiums written, ratio of claims paid to premiums earned and other financial and statistical matters are contained in its annual statement filed with and available from the itsurance departments of the various states. lA Mortgage Pool lasurence The Trustee is required to maintain a mortgage pool insurance policy, which will be issued by VEREX Assurance, Inc. (the "Mortgage Irnsurer'7, covering all Home Mortgages insured by FHA under Sections 203(b) and 245(b) of the National Housing Aet and all Level Payment Home Mortgages insured by partial coverage private mortgage guaranty insurance. The policy will provide insurance coverage on the full amount of any loss realized as n result of default in payments by a mortgagor and subsequent Home Mortgage foreclosure to the extent losses ere not covered by the insurance policy required to be maintaiueA by each Lender. The mortgage pool insurance policy is subject to a Umitation on aggregate claims of 5% of the aggregate original principal amount of all Ilome Mortgages. As a condition to payment of a claim under the policy the [.ender ~o ust advance hazard insurance premiums and, if necessary, real estate taxes, properly sales expenses wtd foreclosure costs (including court costs wed reasonable allonleys' fees). If there has been any physical loss or damage to the property, it is a further condition to payment of a claim that the Lender restore the property to its condition at the time of the issuance of the policy (reasonable wear and tear excepted). The amount for which claim may be made under the mortgage pool insurance poUcy is the swn of (i) the unpaid priiwipal balance owiy; on lbe Hane Mortgage at the time of detaull, plus (ii) the wnowtl of the accumulated delinquent interest computed to the date of claim settlement (excluding applicable late charges end penalty InteresU, plus (Iii) all costs associated with obtaining merchantable title to the properly, reduced by way emow~ts paid wider the private mortgage guaranty insurance policy. Upon payment of a claim, the Mart gage Insurer will receive title to the property and asswne reslrousibilily 1'or resale. Alternatively, if the Tnutee or the Lender receives wi offer for the piurhase o[ tl~e property prior to claim payment, the property may be sold if the sale is first approved by the MoMgege Insurer. In such case the amount paid by the Mortgage hnsurer wtAur the policy will he the claimable amowtl reduced 6y the net proceeds of the sale. Claims Cor losses must be Piled with lfte Mortgage Insurer witbin 60 days after the inswhd has conveyed title to the Home pursuant to an approved sale; tla; Mortgage Insurer has 30 days from the date of fiUug to pay the claim. An endorsement to the mortgage pool insurance policy provides That montNy advwices on payment oP claims will be made to the Trustee in en amount equal to the monthly principal end interest payments on each Home MoMgege which has become two or more payments past due. Advances will be made N en amount equal to eU sums delinquent, and wlil be paid to the Trustee or the Lender within 10 days oP receiving notification of delinquency. As a condition to advance claims payment, the Lender must commence foreclosure action at 90 days delinquency, or obtain title through deed in lieu of foreclosure or other means. Claim settlements are reduced by the sum of the advances and the advances must be repaid if the Home Mortgage becomes current, delinquent for fewer months than those for wldch advances were made or if a claim is not Piled under the mortgage pool insurance pnuey. The coverage available under the advance claims prucedure equals the unused Umited amount of coverage provided under the mortgage pool insurance policy. Advances for which the Mortgage Insurer is ult{metely reimbursed are not charged against the Ifmit of coverage under the policy. Consequently, when coverage under the mortgage pool 19 irLSUrance policy has been exhausted, whether through losses on advances or foreclosure losses with respect to Home Mortgages, coverage wrier the edvwtce claims procedw~ will also be exhausted. Thu Trustee will pay annual premiums on the mortgage pool insurance with moneys in the Operating Fond. Hazard Insurance end Earthquake lasurence For a Home Mortgage to qualify for purchase by the Trustee, the Home must be covered by a Dwelling Building Special Form all risk policy issued 6y en insurer qualified to issue such insurance ur Califonria insuring egninst loss in an amount at least equal to the greater of the wrpaid principal balance of the applicable Home Mortgage or 90% of the insurable value based upon replacement cost of such Home. In the case of condominium units the policy may cover a single condominium will or may cover the entire project wtd the premiums are to 6e paid by the homeowner association established for the condmninium project The association must have fidelity coverage as weB as compreheruive public liability insurance with a severability of interest endorsement and other commonly required coverage. In addition, each Home will be insured et the time a Home Mortgage is purchased by Ne Trustee against risk of loss due to earthquake and such insurance (if commercially available) is required to be maintained in an amount equal to ]fq% of the outstanding principal 6alatme of the Hmne Mortgage, subject to a 5% deductible per oa:ucrenee. The premiwns are to be paid by the mortgagor. If the Home is located iu a designated flood area, flood insurance is required. Special Hazard Insurance 'the City will obtain special hazard insurance to insure against losses resulting frmu mudslides and building collapse (which are not covered by hazard iusurwme) and losses resulting from the application of a coinsurance clause in the hazard irurance poliuy. In the event a mortgagor has defaulted and Foreclosure procedures have commenced, the special hazard policy will cover the wrinsured risk in the event of a loss resetting from such wr insured risk occurring before or after d?fault. The buurer will have the option of paybrg (U the cost of repair, less the net proceeds received from the hazard insurance policy, or (2) the sum of (i) the unpaid principal balanoe of the home Mortgage at the time the property is sold, (ii) advwwes made by the Lender end (iii) accumulated interest on the total oP the unpaid principal balmme of the Home Mortgage ottd on advances made, less the net proceeds received from [he hazard Insurance policy. A claim under the special hazard policy may be made as soon es practicable from the date of discovery oP such loss, damage or oecutrence. The maximum amount payable under the special hazard policy will be the greater of either 1% of the original principal balance of all Home Mortgages or twine the largest principal balance of any Home Mortgage. The residual coverage antler such policy will reduce as claims are paid and, it aggregate claims exceed the policy Bmit, no further payments will be made by the insru•er, and any losses resulting thereafter may be borne by the Bondholders. The Trustee will pay the wmual premiwns on the sperinl hazard policy with moneys ur the Operating Fund, except that the first awwnl premium will be paid from proceeds of the Borrds. 20 Home Mortgage Prepayments At origination, each Home Mortgage will provide for mr amortiza,t ion term of SO years. The maturity schedule for the Hoods is based on the scheduled amortizttimt payments on the Home Mortgages assuming that nll Homr htoctgag'es the Graduated Payment Home 91ort gxges. Federal Housing Administrntim; riala, however, indienU• that based on r~l rnpolations from data av of Uerranher 31, IS+S~i, single-family most gage lo;un insurrri by FtI,A sines I`17Q under 1tv •Iion ^_(1'.i of the S;n inn;J Ilousiug ~1et, ut various iotrw•st rates with original mat aril its of ;Il }can, hove '.m mrrngr lift ni' I-1Ji_ ye:u~'as a resu It of prepuynuvn s. St nt is[ics prcr~iousl~ prorluoed by I'H:A indio;V rd Unrt uvpcrirnrr with stu•h single-family mortgage Infuis in :'nlifornia hod a shm•h•r average life than the nnt'mnul acreages. Ut her st nt ist ics suggest that, until :t•rently, Ilnme M1tnrt gage paynuan rgntricnor was higher t h;m indicated by Ihr hH:A dots ;out the provisions of S+n~t iun 1113 rA of the Internal Rr canoe ('ode of I!IGd, a5 nmw:dcd, mac limit subslant inl!y the estem to which Homr Mortgages may tat assumed. On the other h;md, the redurrd inb•rttst r:nr nn the Ifonw Mortgages rompurrd to currant nmrkct interest rut es imd 16r inydrmcnt nt ion of .Art lets. `illl ~A of the 1'alifornln +'nnst it ut inn (rmn numly referred In as "prnpnsil iun ::"1 nr~tc tend ro rm:de et slower prepaynu•nt esprriencr for Ihr Home Mort;;nges. l'hr t'lly has not included .m rstimatr• oY prt•p~ayuuaus in the mrturily srheduht I'or ihr Bonds. Payment of Insurance Claims The ('ity nurkrs no rrpr,•srnu+tion ns to the ability of wry insurer issuing mortgage. pool, st>uxlurd hazard, special har,;ud, e;u4 hyu;d:P, flood or errors and mnistilom insur.uu•r to mukr• p;tymrnts under their policies at Ihr tines Dual in the ran Duals sprrified in sorb polici+:ti. Foreclosure l:'pon Ihr drfnuh of a limne Mnrt gngr, the Lender srrviving the Home ylortgagr is in cu•rr•isr the ('ity's rights under Ihr decd of Irusls power of sn lr, subject to the ronstruinn impnsml by 1'nlifornin Inw. During the three-mm~rh la•riod M•ginning' with Ihr filing of a formal notlrr, of default, the most gngor will fx: ant it led to rninst ale tho Homr Mortgage by making' overdue payments. The power of sale is eseroisrd by posting' ;md publishing' ~+ ^ot ice of sale I'or ut Ira+st ]0 drys. Therefore, the rl'foctiw• period for foreclosing upon n Ilomr Mortgage oould tw in csoesc oP sis inmrths otter the initial default. Such time, delays in rnllertions could disrupt the flow of revenues ;+vailabh• for Lhe payment of debt service oc U,t: Ilonds if such defaults oerur with respect to a substmrt ial namMx of Home Mortgages. Under California :mtidefirienc ;y leg'isL•it.ion, there is nn personal recourse against a mortgagor where the trust rv~ ererrises the power of sate. If the Hume is damaged, repair of such damage iS required prior to ronveymu•e to a private mortgage insurer in order to rollert insurmtre benefits. LENDERS [tn M~ provided] ;;?I THE BtIDENTIIRE The FnBowing statements are a brief summary of pertain provisions Tf the Indenture (Topics of which may Fx' obtained from the Cih~ and at the corporate trust office of the Trustee). The summary does not purport to he complete and refereneo is made to the Indenture for a full Turd complete statement of such provisions. Certain capitalized words or terms used in this summary and not defined herein are defined in the btdenhn•e• rmd hour the same mc;ming' herein rm thrrein defined unless the mntexY rryuires some nt her mooning. Establishment of Funds and Accounts and Application of Bond Proceeds "f he Indenhrre establishes the Crmds and necmmts ddserihed, ;md prnvides for the irovisfcr :md disbursemdnt of Revenues in the mmusr se[ forth, uudrr "Security Fnr the Bonds :md Flow of Fundti'. Bond proceeds ;u•e proposed to he usdd as descritx~d under "Uisposit ion of Bond Proceeds". Security for Deposits and Investment of Fords VII amounts held by the Truster ore to he held in trust ;md spplird only in nrr•ord:u;ce with thT Indenture. The Indentue fort hrr provides that all such amoutrts hrld by thr Trusted under the Indenture (except amounts in the Excess Im~est meat E~uaringa Fund) :u•c not to bee suhjrrt to aqy lien or attachment by :my creditor ot• the City other than Ihr lira of the holdrrs of the Roods ;md the Trustee. \II funds and upcrnmts hold by the Trustee must txt investrd in "Permit h•d Incrtit numl.ti' which me;m any of the following investments which at the time arc Idg~.il inv•5t nu•u1ti I'or the Pity muidr thf• laws of Ihd State of ('nlifomri>c (D dirv~rt obligsticas nl', nr im rot nu•nts in monry market 15uxis consisting of dintt•t obigntinm ol', thr Ignited Sl nlrti nl' Aim•riru (including obligations issurd nr held in book-Tot ry fur•m co thr hnolw nl' thr Ihgr;vl nn•nl of (hr Trrnsury of the Onitrd St atos of Amrrira) nr oblignl ions Ihr prinrip:d of 'and int crest rnt which ;uw gu;u7vueed by [he United Slates of Mncrir'a; (:;1 imere•st-Ix•aring drmmtd ar tuna doposits (invluding cdrt ifirxt es of drposit) In hanks t'nu•luding thr 'frustrc) providrd that such deposits are fully' insurr•d be thn Frdrral Urposit Insurance Cnrpornt inn; (3) obligations of instlUrtions the unsecured debt obligat inns of whioh (or of the parent holding comprmy of whioh) are rated "_" nr fx~tter b}~ \Luviy's Investors Servirr, Inc.; or (4) investments punuaru to an imrst numt ogmcnumt with The Trustee Sean lr-First Nat.ior;al Rank, Sextt le, Washington, has been nppoinled as Trrrstre. The Tmstre and any oP its successors must have. »ggregate Tapit al rmd surplus of nt Ieast 97i,00o,oBO or SSOD,(IBB,(xx) of assets under tmrst wxi shall have x drpartmmtt, which is a Federal National Mortgage Asocial inn or F'ederxl Home Loan Mortgage Corporation approved sollerhervicer and .m rgtpmvdd Federal Housing Administration Mmig,rgee. The Truster is rr'quir•od to cmmy out the dutins assigned in the Indenture, subject to indenmification, rmd is entitled fn compensation ;md expenses as at;recd upon. The Trustee may bov, own, hold and sell cry bonds of the Qity (including the Bonds) mrd cngnge in other transactions with Ura Cil,y. Thd Trustee may resign or hte. removed, effective upon appoint moot of a surcesor. Appainlmt;nt may Fx~, made by a court upon application by the Tnrstee or any Bondholder if no appointment has been made, within 45 days after the Trustee's not ire of resignation, 09 Provision is made Fnr transfer of rights and property to a successor Trustee; arty compmty into which the Tmrstee nu+rgcs, converts or consolidates becomes the successor. Covenants of the City The City wore>urts uud onvrromts In do or c:u+sr to hr dune, among' other things: L 'fn pay nll Pledged Revenues rerriced by it to the Tmtstee for payment of the Bonds; Vot to rnirnd or eonernt to mteniimt of time Ibr payment or mahtrity of ',tm o(•thr Bonds; 3. To provide I'urt hoc :rs,uu;uu•r•ti of rights under the Indenhur, +ts reyuirrd; -}. To keep or cause the Trustee to keep proper books for all the f'rngram tr;u+saM inns described ir, the Indrnwre :uui to file a copy' of :m +umuul report pert ainlnf to sorb ir+msnct ions (reef il'ird by nn indr~•ndcnt acrnuntanU with the Trull ae and procidr• sash repa9 to each Bondholder who has 1'ilyd his n:unr :mrl ~addrr ss with the Truster; for sorb purpose: n. To pqy promptly the initi~d ;md the ;uunuil premiums for s~•ciul hsu:u•d :md mort gngr pool iasur.utee with numeys from rho Olu•rat ing Fund; fi. 'fo em plop', appoint ar ref aln rompch•nt prrsmmr,l, to r5t ahlish ;out enforce reuwnaMe rules ;md rrgul:tt ions relating to the program; 'I'o the carat pemnitird by low, not to claim Ibr advantage of nm Incas whi+•h,inm :uivrrsolp ~,t (feet the rm~rarants and ngrr4:+nrn[s ronutined in the Indent urr; 8. fa do nothing which will r;u+sr the Bonds to become arbitrage bonds within the nttuming of the Internal Revrnur ('ode of 194, as amended, mtd the regulatior!s prmnulgated thereunder nr r•ausr the Bonds to he mortgage subsidy bonds within the ntFl:ming of Section ICdAUO; and 9. To supply semi;mnually or sunwally', as required, certain specifications, 1'inaneial st ntnmcnts and of her dccunu•nis requested by Mnndy's IIIVQSLQrS Service, Inc. 16. To cause the Tntstec to file a report nn behalf of the Cfty by February li o(' each year following any r:dendnr year in which proceeds of the Bonds have been used to fund tlmnt; Mortg'ag'es, to the., Internal Revenue Service pursumu to Section 106AQ)(B)(A)(iii) of the Code smd wry t•egulatirnts thereunder. I L To cause Ibr, Administrator to file :ut stnnual report nn behalf nl' the ('ity wlth the California Debt. Advisory Commission commencing' March 1, 1988 and on each March I thereafter so long +vs ;u\y Home Mortgage funded with 6mtd proceeds rumaius outstanding. Supple mental Indenhues Supplemental iudanhmes may he adopted nt mty time to: I. Add covenants and stgrnements to frmther secure the Bonds; 2. Prescribe fwther limitat inns :utd rest r1rt10IL5 upon the incurring of indebtedness by the City; 27 3. Surrender wty right, power m• privilege of the ('ity reserved or vonferred under the Indenture; 4. t'onfirm as further :4ssur;uu•e nqy plydgrs and liens rrexted by the Indenhme; o. Conform with Lhe provisions of Section 103A oi' nc~ Cndr insuring the tax-exempt status o1' interest on the Rond5 is nnl impaired; and ti. With the Trustee's consent, cure wnbiguil ies and defrrtti or inron9i Sent provisions of imd odd el:mifying provisions to the Indenture prm idod the int crests of 1 ht• Bondholders :ere not affected. Supplement sl indenhmes must I>e fih•d wish the Trustee and Mt nrrmnpa•;ird by n rounse l's opinion certifying their proper ndoptim; >md validil,y'. No change in ihr rights :md ohliga[imts of the Truster may he imuie without its written rmrdent. Amendment of the Indenture 11~i1h the execptimr of ;unendmrnts outlined above, which nary he nmdr wit bout the consent of ihr Bondholders, amendments to the Indenture arty Mt nvrnmplishrd by supplemental indenture with the consent of the holders of ut lest Lwo-thirds of the Bond OMigat ion, such consent to be obtained in writing, mrd to be urompmtied by a rowrsel's npiuion that the rmrsent proceedings [uvt valid ~md binding. Nu suvh anu•ndrnrnt m;ty exh nd iho sUttrd maturity or reduce thn principal ammmt or the Redemption Price or the rah' of int erv •sl or r•xtrnd the Cline of payment of Interest, without the consent of Ute regisN•rrd owner thereof, our mqy the prn•ent age required for con5gnt hep reduced or permit the rrrutimi of any lien on Ihr Pledged Revenues itnd other assets (euvpt :vs ryu~etisl}~ pros idrd in Iht• IndrntunJ without ihr consent of all the ISmulhnlders nffeM ed or nuulit) inv of Iho rights nr nbligat ions nl' the "trustee without ifs w'riRen r•oacent. ;\qy ~.inu•ndnuvit mnv he nuvir with unanimous ISmuiholder oonsenl. Default and Remedies Events of default under the Indenture are defined as: I. Failure to pav principal nr Redemption Price (whet her at maturity or upon redrmpf ioN; 3. Failure for 30 days after the due date, to pay interest nn mty Bond; 3. A failure by the City or mfusal to comply with the Art or default in the observance of any other coven;mts ;md agreements in Lhe Indentwre, or in ur applicable supplemental indent are. rontinuing~fnr 90 days nft er written not ice by the Tnistee; nr 4. The filing by the City of a petition nr answer seeking reorganization or ;trrmrgemeot under the federal hankruptc;y laws or ;my other applicable law of the United Slates of America, or if a court of competent jrrisdietimi shall approve a ptri it inn, filed with or without the consent of the City, seeking reorganization under the Federal bankruptcy laws or mty other applicable law, or if, trader the provisions of any other law for the, relief nr aid of debtors, ;my court of competent jtrrisdictlon shall assumt; custody or control oP the Oity or of the, whole, or any substantial part of its property. 24 Upon the happening of an event of default, the Trustee may, ;md shall upon written request. of the holders of at least 2b percent oP the Bond Obligatioq prooeed to enforce one or more of the following remedies: 1. Bring an action to enforce the I3ondholdvrs' rights, including requiring collection of payments on Home Mortgages ;md performsmre by the City of its duties rmder t he Aot; :?. Bring suit upon the Bonds; 3. Bring 'an action to myuire the Clty to account ^s if it wero trustee of an express trust for the Rondholdt:rs; or d. Bring gut action to enjoin .my unlawful arts or arts violative of Rmrdlmlders' rights, or oompnl thu City or ~tny Lender to perform its duties under the Program dorunrents. In the event of ;m iavd'firiency of fwxis to pay principal, redemption prices or interest then due (after p;iyment of expenses, charges ;md liabilities oP the Tnuslec »nd other required expenst~s) the balmtcc M' funds thrn available shall by applied ~,~s follows if less th;m all Rands are Aue and payable: f i[st, to payment of interest in the order oP maturity of installments, or, if funds are insufficient to pay ;my installment in firll, ratably, by amo;mts due, without discrimiwtion or preference. SvronJ, to payment of unpaid principal or sinking fund installments or redemption price of Bonds whioh are due in the order of due dates, and, if insufficlent. to pr±y in dill ;tll Bonds due nn any oar data, ratably, by :unrnmt due, without discrimination or preference. If all the Bonds :ue due :md payable, wrd a like insdficienvy exists, >tvallably, funds shall Iu: applied to payment of principal and interest, ratably, without pml'erenee or priority, ;recording to total amounts der. The timing of sneh pnymmtts in default is in the discretion of the TrrLStee. The method of condos[ ing remedial proceedings by Ute Trustee mrty he dirnctcd in writing by Bondholders holding a majority of the Rond tMigation; provided, however, the "fwstee may decline to follow mry snob direr[ ion whioh, in the opinion of the Tnstee, would he unjustly pmjudicial to other 6mrdholders. Nn holder of arty bond has any right to institute .my suit, xctivn or other proceeding trader the Indenture or for the protection or enforcement of :uiy right therein grmtted or any right granted under the law, rmleas such holder has given to the 'Cmstee written notice of the oven[ of default. or breach of duty nn nrenunt, of which suit, action or proceeding is to he taken, and unless the holders of not less than 25 percent in aggregate amount of the Bond Obligation, have made written request to the Trustee after the right to exercise such powers or right of action, as the case may he, shall have acvrued, and shall have afforded the Trustee a reasonable opportunity either to proceed to exercise the powers granted in the Indenture or granted trader law nr to institute such action, snit or proceeding in its name and unless, also, there shall have been offered to the Trustee reasonable security and indemnity against the costs, expenses and liabilities to he inctured heroin or thereby, and the, Tnstee shall have, rcfased or neglected to comply with such request within a reasonable time; mtd such notification, request, and offec of indemnity are declared in every such case, at the option of the Tnstee, to he conditions precedent to the execution of the powers under the Indenture or for any other remedy under law. The Indenturo prohibits actions which may adversely affect rights and intemsts of Bondholders. ~,y The Trustee may bring all actions authorized without possession of the Bonds. Express remedies are not exchttive, and no delay or omission constitutes a waiver of rights. The Trustee mast give Rondholders notice of any default within 90 days of knowledge thereof, tmless cured before notice or unless the Tm~stee's board of directors, executive or trust committee in good faith determines that withholding notice is in the interest of the Bondholders. Defeasance Full payment of principal, interest and redemption price of all outs! wtding Bonds terminates all rights and obligations under the Indenture. The lien of the Indenture and the pledge of the Plydged Revr,nues are also Cully diseharg'ed if (i) the City gives the Trustee irrevooxble Instructions to eedeem all callable Bonds outstwtding~, (ii) there shall have been deposited with the Trustee and set aside in a special trust fwtd either or both moneys or Federal Securities, the principal and interest on which when due, will be sufficient to pay all principal or redemption price and interest due, or to Ftecome due nn or prior to maturity or redemption dntr of the Roods, and (iii) if the Bonds Are not caihable within 50 days, the (: ity shall have irrevocably instructed the Trustee to give notice to the Bondholders of the deposit desoribed in (ii) above. "Fedcrat Secwit ieti' newts direct ;md general obligationti of the Unih•d States nl' .Amerirt. MisceBaneotrs All documents held by tho Trustee may be inspected by the City and by Bondholders (upon written request of the, holders of 5 percent of the aggregAte amowtt of the Bond Ohlig'ntioN. \II roven:mts ;md agreements in the IndeN Ore am enforcenhle against the City and not ngnirnt .my nu•niher, ottieer, or omplnbre of Ihr ('itp in bix indicidunl eapurit,Y, ;utd no rremtrse for payment of principal, interest, or redemption price of the Bonds is avniln.ble ng'Ainsl such persons in such capacities. NO LITIGATION There is nu controversy or litigation of mty nature now (xending to restrain or enjoin the Issuwtcre, sale, execution or delivery of the Bonds or the purchrue of Home Mortg~ag'es with proceeds of the Bonds, or in any way contesting or affecting the validity of the Rands, the proceedings of the City taken with respect to the issuance or sale thereof, the pledge or application of any moneys or securities provided for the payment of the Bonds, the existence or powers of the City or the title of any officers of the City to their respeotive positions. LEGALITY AND TAX EXEMPTION The validity and issuance of the Bonds are subject to the approval of Jones Hall Hill & White, A Professional Law Corporation, San Francisco, CAlifomtla, Bond Counsel. Certain legal matters will be passed upon by Haynes & Miller, Washington, D,C., Special Tax Cotmsel and Cotmsel to the Underwriter. Fees payable to Bond Cmtnsel, Special Tax Counsel and Counsel to the Underwriter are contingent upon [he sale wtd delivery of the Bonds. 26 Section 103A of the Internal Revenue Code of 1954, as amended, provides that interest on bonds, such as the Bonds, is exempt from Federal income taxation under certain conditions. In the opinion of Bond Counsel all such conditions which are based on currently ascertainable matters have been satisfied. The following conditions imposed by Section L03A relate to future events: (0 each Home Mortgage is required to be made with respect to a Home which can reasonably IN! expected by the City to become the principal borne of the mortgagor within a reasonable time and which is located within the City; (2) the mortgagor may not have had a present ownership interest (as defined) in a principal Ilome at any time during the 3-year period prior to execution of the Home Mortgage (exempt that 10% of the Home Mortgages may be made to persons who have had such arc ownership InteresU; (3) the Acgrisition Cost of a Home financed with a Home Mortgage may not exceed 110°6 of the Average Area Purch:+se Price; (4) none of the Bond proceeds may be used to acquire or replace art existing mortgage (other than construction loaru or other temporary initial financing); and (5) any person permitted to assume a Home Mortgage is required to meet the conditions set forth ahove in (ll, (?) and (3) above. In connection with the execution or assumption of Home Mortgages, the temporary regulations authorize the City to rely on aFfidavits of mortgagors as to (ll intention to use a home as a principal Home; and C2) no present ownership interest within the 3 prior years (nreompwried by Federal inrmne tae returns); and affidavits of the mortgagor and the scllnr that the Acquisition Cost does not exceed L10% of the Average Area Purchase Price. In the case of a Home Mortgage on an existing Home, titre records will demonstrate that such Home Mortgage will not replace an existing mortgage, and, in the rase of a Home Mortgage on a newly constructed Home, such Home Mortgage will not replace an existing mortgage. Section I03A(c)(2)(B)(ii) and (iii) and the temporary rcgulat inns thereunder provide that, if [he conditions summarized above are met at the tier the Hume Mortgages are executed with respect to 95°0 of the Bond proceeds nvnilablr for mating Home Mortgages and corrective measures are taken with resq~et to those flnnu~ Mnrtg'ages which did not meet those rondit ions, interest on the Rnnds will remain exempt from Federnl income taxation. In addition, in order for interest mr the Rnnds to remain exempt from federal income taxation, the City must comply with the reporting requirement nC Section 103A(j)(3)(A)(iii) of the Cnde with respect to the br•nrfiriaries nF the proceeds of the Roods. The City believes that Mvenants contained in Ilu• Indent ore and the fimne Mortgage Purcrhase Agn*.ements, together with procedtu•es rst ablished in those and other related documents to be followed by the City, the Trustee, the Lenders tmd the Administrator, satisfy the conditions and requirements described ahove. Smotion 103A also imposes limitations on the aggregate amount of qualified mortgage bonds issued during ;my calendar year and limits the amount and uses of arbitrage and investment gain with respect to mortgage and nonmortgage investments. Failure to meet one or nwre of these requirements will result in interest on Fronds bring taxable unless any such failure to comply is due to inadvertent (e.g., mathema[icaU error after the issuer has taken all reasonable steps to ensure compliance. The City believes that it. has taken all such reasonable steps and is in compliance with these requirements. In the opinion of Rond Counsel, under existing laws, regulations, rulings and judicial decisiars, interest on the Bonds is exempt from income taxation by the United States of America and from personal income taxation imposed by the State of California, and by mwricipalities acrd other political subdivisions of said State. Such opinion wiH state that the exemption from income taxation by the United States of America may become inapplicable upon failure to meet the 95% requirement, the correction requirement or the information reporting requirement of Seetfon 103A of the Internal Revenue Code of 1954, as amended, but will further state that, in the opinion of Bond Counsel, the City has 27 established and covenanted to observe procedures which, upon compliance therewith, meet those requirements. UNDERWRfI'ING Stone & Youngberg has agreed, subject to certain conditions, to puuchase the Roods from the City at an aggregate discount of % from the initial public offering' prices set forth on the cover page. Its obligation is subject to certain conditions precedent, and it will he obligated to purchase all the Bonds if any such Roods are purchased. The public offering prices may he changed from time to time. The Bonds may be offered and sold to certain dealers, banks and others at prices lower than the initial offering prices, ;u;d such initial offering prices may be changed, from time to time. BOND RATING Moody's Investors Services has given the Roods the rating of The City hac furnished the rating agency information and material which have not been included in this Official Statement. Generally, rating agencies base their ratings on information mtd material so furnished on investigations, studies mtd assumptions made by the rating agencies. Such rating reflects only the view of such organization and an explanation of the significance of such rating' may he obtained from the rating agency. There is no assurance that such rating will be maintained for any given period of time or that it may not be revised downward or withdrawn entirely by the rating agency, it' in ifs judgment, circumstances warrant. Any such downward change in or withdrawal of such rating may have an adverse effect on the market price of the Roods. The l?nderwriter and the City have not undertaken any responsibility after Issuance. of the Roods to oppose any suoh revision or withdrawal. ADDITIONAL INFORMATION Any statements in this Official Statement involving matters of opinion, whether or not expressly so stated, are intended as such and not as representations of fact. Phis Offirlal Statement is not to he construed as a contract or agreement between the City and the purchasers, holders or owners of any of the Bonds. Copies in reasonahle q~asntity of the Indenture and other documents refermd to herein may be obtained at the office of the City, The ezeeution and delivery of this Official Statement have bean duly authorized by the City. CITY OF RANCHO CUCAMONGA By Mayor 28 A A EMPIfiE ECONOMICS CITY OF RANC RO CUCAMONCA 1985 MORTGAGE REVENUE BOND ISSUE MARKET/FEASIBILITY STUDY SDMMARS AND CONCLDSIONS Prepared Por City oP Rancho Cucamonga Mr. Jon Mikels, Nayor Mr. Richard M. Dahl, Magor Pro-cem Mr. Charles Buquet, Councilmember Ms. Pamela Mright, Councilmember Mr. Jeffrey Ring, Councilmember Mr. Lauren Masserman, Clty Manager Mr. Jack Lam, Community Development Department Ms. Linda Oanlels, Community Development Department by Empire Economics Joseph T. Janezyk, Ph.D. 300 East State Street, Suite 502 Redlands, Callfornla 92373 (7t4) 793-8245 February 20, 1985 A-I EMPIRE ECONOMICS SUHMARY AND CDNCLUSIDNS PREFACE The "Summary and Conclusions" has a dual purpose: First, to provide you with a synthesis of the comprehensive market/feasibility study, including the following: '~ The methodology underlying the market/ '' feasibility study. ~, • The primary findings on the demographic/ ', economic trends and housing market ~.. demand/supply conditions in the pro,7ect '~ market area. ~ The competitiveness of the candidate '~~, pro,jects relative to other comparable projects. The estimated absorption schedule for the candidate projects. • The feasibility of the candidate projects in the mortgage revenue bond program for the most probable as well as other potential economic/financial scenarios that may materialize when the project is being marketed. Secondly, to provide you with timely information on the impacts of changes in the candidate pro,jecis and/or market demand/financial conditions that have occurred since the original market/feasibility study. while the "Summary and Co ncluaions" should provide you with a timely synthesis on the characteristics and feasibility of the candidate project, it is meant Lo be only a summary and so we strongly recommend that you review the comprehensive market/feasibility study. A'L INTRODUCTION Background EMPIRE ECONOMICS The city of Rancho Cucamonga, based upon its concerns about the adverse impacts that high mortgage interest rates are having upon the affordability of housing, is authorizing the issuance of mortgage revenue bonds to provide assistance tc qualified households. Since the interest paid on the bonds is tax-exempt, according to the opinion of Bond Counsel, the mortgage rate for households in the program is expected to be significantly lower than either FHA/VA or conventional market rates. Consequently, many households that are presently excluded from Lhe housing market will, through the lower mortgage rate that this program offers, be able to qualify for loans, and thus purchase housing. Furthermore, the development of these pro,}ects will generate eaployment opportunities that will directly benefit Rancho Cucamonga's citizens as well. For a description of the expected economic benefits of the Rancho Cucamonga Mortgage Revenue Bond Program, refer to Chart A. Description of Rancho Cucamonga Rancho Cucamonga, incorporated in 1977, is a general law city that operates under a council-manager form oP government. The city has a prime location in the western portion of San Bernardino County, one of the fastest growing counties in California. Rancho Cucamonga has experienced a strong rate of population growth during the 1970-80 decade: from 16,043 in 1970 to 54,000 in 1980; this is equivalent to a population growth o£ some 3,796 per year. Furthermore, Aancho Cucamonga has continued to experience a strong population growth since 1980; its population attained a level of 61,000 in 1984; this reflects an average growth oC some 2,000 people per year since 1980. Rancho Cucamonga's population growth Ss reflected by the recent construction activity in its residential, commercial and industrial sectors. Specifically, Rancho Cucamonga had some 14,300 new residential units during the 1970-84 period. While the total valuation of new commercial and industrial structures amounts to !68 million and E60 million, respectively, during the 1978-84 period. Rancho Cucamonga's housing stock amounts to some 23,295 units: 18,852 single-family units and 3,930 multiple- famlly units; their vacancy rates are 1.0x and 0.65, respectively. For further information on the recent population and construction trends Sn Rancho Cucamonga, refer to Chart 8. Rancho Cucamonga's recent population and economic growth can be attributed to its economic bases: local industry and commuters. The primary economic base, local industry, consists of ma,~or employers in the Rancho Cucamonga area: General Dynamics, Frito Lay and Insplron Corporation. The secondary economic base, commuters, is a result of the Rancho Cucamong a's relatively A•:i EMPIRE ECONOMICS "affordable" housing that has attracted aany households who are employed in the Los Angeles Metropolitan Core but cannot find affordable housing there. Svch households, given their strong preference for homeownership, establish their residences in Rancho Cucamonga and commute to their employment positions in the Los Angeles Metropolitan Core. Rancho Cucamonga is poised to capitalize upon the future growth of these economic bases through its comprehensive land-use policies which have resulted in several ma,~or master planned industrial, commercial and residential areas. Specifically, there are two Master Planned Communities, Terra Vista and Victoria Village, that are presently being developed; these have a total of some 16,000 housing units. Therefore, considering its prime location in xestern San Bernardino County, along with the general growth prospects for its economic bases, Rancho Cucamonga is expected to continue its strong population growth during the remainder of Lhe 1980'x. Description of Candidate Projects For each oP the candidate projects in the Rancho Cucamonga Mortgage Aevenue Bond Program, information was compiled on the following factors: Developer Name of Project Location Rousing Prod uet Type Density (Units/Acre) Development Status Total Units, including Units Built, Sold/Reserved and Planned for Future Phases Mortgage Request and Units in Hand Program Product Mix: For each of the Housing Product Plans, Sn Po rmation is provided on the number of units, bedrooms, baths, prices and sizes of living areas Special Features and Amenities Rancho Cucamonga received mortgage funding requests amounting to E141.25 million from nine developers. There funds would be used to provide financing £or some 1,750 units in 30 different projects. For a summary of the primary characteristics of the candidate projects, refer to Chart C. Since the developer requests of E141 million exceeds the amount that the city of Rancho Cucamonga received from the Mortgage Bond ALlocation Committee, some $59 million, the developer requests were reduced according to the following algorithm: First, the $20 million in entitlement funds was distributed on a pro-rata basis according to the original requests, with each developer starting with a minimum of $1 mi111o n. Secondly, the $39 million in supplemental funds was also distributed on a pro-rata basis according to the original requests, with each developer starting q-a EMPIRE ECONOMICS ---~~, with a minimum of 52 million. Finally, since Lewis Homes plans to utilize its 55 million of entitlement funds in another bond issue, the Rancho Cucamcnga Bond Program will amount to some $54 million. For additional information on the tleveloper allocations, refer to Chart D. To facilitate the analysis of these projects, their housing products were classified according to various market segments; these are partitioned by housing product types and price ranges, as rnitows: Detached Attached Price Range Housing Housing Below 560,000 Segment A Segment $ 50- 80,000 Segment B Segment G E BO-100,000 Segment C Segment H $100-?20,000 Segment D Segment T 5120,000+ Segment E Segment J Thus, their are ten potential market segments. Applying these to the candidate pro,j eets in the Rancho Cucamonga Mortgage Revenue Bond Program reveals that the original mortgage requests by market segmentsure as follows: Mortgage Requests (Millions) Detached At tamed Price Range Housing Housing Below 560,000 5 0 5 0 5 fi0- 80,000 E33~00 $?3.23 $ 80-100,000 E54.22 E15.50 51oo-1zo,oao Szu.t3 5 0 5120,OO0a 5 1.18 5 0 Total 5112 52 528 T3 Thus, the relevant market segments are detached housing products in the $60-120,000 price ranges (Segments B through E) and also attached housing products in the 560-100,000 price ranges (Segments G and H). For additional Information on the housing p ro,~ects by market segments, refer to Chart E. Components of the Economic Hode1 Empire Economics will uti112e a forecasting-simulation Housing model to estimate the marketability and economic feasibility oC Che candidate proJecUS for the most probable as well as alternative economic/financial scenarios that may emerge in the future. ,Specif 1ca11y, the housing model represents the integration of the economic/financial concepts and principles underlying real estate development, in general, with the actual A..; EMPIRE ECONOMICS demographic, employment and residential trends and patterns in San Bernardino County and Rancho Cucamonga, in particular. Thus, the market demand analysis systematically proceeds from the general demographic, economic, and financial market conditions to the absorption schedules for the candidate pr o,~ects and the feasibility of the Rancho Cucamonga Mortgage Revenue Bond Program. For a comprehensive description of Lhe aethodology underlying the market/feasibility analysis, refer to Chart F. Market Areas Based upon a consideration of the demographic, economic, and housing market factors that will influence the success of the candidate pro,~ects in Che Rancho Cucamonga Mortgage Revenue Bond Program, the following market areas have been delineated: Los Angeles Metropolitan Area: The Las A^geles Metropolitan Area economy includes Los Angeles, Orange, San Diego, San Bernardino, Riverside and Ventura counties. While most of the demographic, economic, and construction activity was originally concentrated in Las Angeles County, there has been a substantial spillover of such activity to the other counties during the past several decades. San Bernardino Count San Bernardino County includes all of the various cities/communities within the geographical boundaries of the county. San Bernardino Regional Narkets: San Bernardino County Ss partitioned into three regions, according to their particular demographic and economic characteristics, as follows: West Region: Rancho Cucamonga, Ontario, Chino, Upland, and Montclair Central Aeglon: Fontana, Rialto, Colton, San Bernardino, Grand Terrace, Loma Linda, Redlands and Yucaipa East Region: Barstow, Adelanto, Victorville and Hesperia For additional information on the boundaries of the various market areas, refer to Map A. THE HOUSING DEMAND SCHEDULE FOR THE CANDIDATE PROJECTS The demand schedules for housing in the West flegion of San Bernardino County, as a whole, and for the candidate projects, A-li EMPIRE ECONOMICS in particular, are determined through a systematic analysts of the following factors: First, the demographic, employment and construction activity inter-relationships among the Los Angeles Metropolitan Area, San Bernardino County and the West Region are analyzed. Secondly, employment, population and housing demand are forecasted Por San Berns rd Sno County's West Region; the composition of demand according to various market se gme r.ts is also presented, including local industry, commuters, retirees and resorters as well as households in the support sector. Third, the distribution of housing demand by price ranges and housing product types is derived, based upon the income distribution of households in the various market segments along with their desire to use the assets that they may have accumulated. Fourth, the housing demand for the candlda to pro,j ects is ad,Justed according to the criteria that the projects and purchasers must fulfill, namely the maximum prices of Lhe housing units and the income limits for purchasers, among others. Thus, the result of the analysis is the potential housing demand by qualified purchasers for the candidate pro,jec is during the Lime period of the mortgage revenue bond program. The primary findings are as follows: A comparative analysis of the demographic, employment and construction activity in the Los Angeles Metropolitan Area, San Bernardino County and the West Region has revealed the following: Population (1970) Employment Construction: Residential Commercial Industrial County's Share o£ Los Angeles Metropolitan Area ----------------- t975 t984 ----------------- 6.Ot5 7.085 3.84% 3.975 West Region's Share of County ---------'----- 1975 t984 --------------- N/A N/A N/A N/A 6.215 14.265 475 375 3.385 4.735 265 405 4.845 11.375 605 725 The market share of San Bernardino County's population, employment and construction activity increased during the 1970-84 time period, especially for residential and industrial construction activity. The West Region's market share of the county's industrial and commercial activity increased while its share of residential activity moderated somewhat, as a result of its increasing urbanization. The forecasts for population and employment growth as well as the resulting demand for housing are based upon the ass umptlons regarding the growth paths of the A-i - EMPIRE ECONOMICS - economic bases in the West Region along with the parameters underlying the economic Dase analysis. The accuracy and reliability of the forecast for housing demand can be evaluated by comparing it to the recent trends. Specifically, the forecasts amount to 5,700 units per year during the 1985-87 period as compared to the recent trends of some 4,000 units. The highest prior level of activity occurred in 1979 and 1980 when activity reached a level of 6,200 units in each of these years. Consequently, the forecasts reflect a return to the favorable growth prospects for the West H arket Region. For additional information, refer to Graph 1. i The demand for housing in the market region for various price ranges is as follows: Price Ranges Annual (Approximate) Demand $ 0- 50,000 2,355 $ 50- 84,000 1,972 $ 84-100,000 569 $100-150,000 642 $150-250,000 123 5250,000+ 30 • The composition of the housing demand in the market region by housing product types: Product Housing Market Segment Type Demand Local Industry Attached 3,660 Support Sector (including apartments) Local Industry Detached 1,276 Support Sector Commuters Detached 658 Retirees Attached/ 61 Detached Resort Households Attached: 35 Detached The federal and state legislation that authorizes the issuance of Mortgage Revenue Bond Funds requires that Lhe Purchasers of housing units in the bond program fulfill certain criteria in order to ensure that these funds are used according to the ob,Jectives of the Drogram. AN EMPIRE ECONOMICS The maximum price for the housing units may not exceed 1104 of the average sales price for housing in the designated area, S.e., the San Bernardino-Riverside Primary Metropolitan Statistical Area. According to the Safe Harbor Guidelines (August 1984), the average sales price for new housing units in the San Bernardino-Riverside PMSA is $110,600: 110f of this is $121,660. For existing housing units, the average sales price is $117x700: 110% of this is $129,470. Consequentiy, the maximum prices that applies to the housing units in the program are $121,660 and $129,470 for new and existing housing units, respectively. The "new^ homeowner requirement means that 90x of the purchasers in the mortgage revenue Dond program may not have been homeowners at any time within the prior three years. In general, the purchasers are expected to fulfill this requirement, since most of the housing products are priced below $100,000. The housing demand forecast is now modified according to the criteria that purchasers must fulfill, by appl y~ing the proportion of purchasers that qualify to the forecasts oC housing demand. The modified housing demand forecasts amounts to 1,713 units annually in the Market Aegion. The state legislation authorizing the issuance of mortgage revenue ponds requires that the maximum income for purchasers is not allowed to exceed a designated proportion of the median income level. The maximum income limits for purchasers in the program are based upon the designated median income as well as whether they use entitlement or supplemental funds: these represent 150$ and 1205 of the median income, respectively. Consequently, the maximum income limits for purchasers who use entitlement funds is $42,150 while the maximum incomes for purchasers with supplemental funds is $33,720. The income "windows" for the candidate projects can be guaged by comparing the minimum income required for households to qualify for the project's housing products with mortgage revenue bond's maximum allowable income based upon the state legislation. The income windows are computed using two types of loans: a 30- year fixed rate and a 3-2-1 buydown of the expected rate; additionally, the maximum income of households for entitlement and supplemental funds are also considered. The analysis assumes that households use 30f of their incomes for mortgage payments and r,heir downpayment is 54 of the sales price. The results oC this analysis reveal the following: For a fixed A-9 EMPIRE ECONOMICS - mortgage rate, the candidate projects have income windows of ($1,800) to $16,700 for entitlement funds and ($10,200) to $8,200 for supplemental funds. For a 3-2-1 buy down, Lhe projects have income windows of (E7,100) to. $18,000 and ($7,400) to $9,900 for entitlement and supplemental funds, respectively. Consequently, some of the projects with higher priced housing projects, l.e., those with units priced above $105,000 may not have sufficient income windows if the mortgage rate is at 11S or more. For information on the income "windows" for the candidate projects in the Rancho Cucamonga Mortgage Revenue Bond Program, refer to Graph 2. COMPETITIVENESS OF THE CANDIDATE PROJECTS AND THEIfl CAPT UAE RATES The study now tur r.s Lo an analysis of the competitiveness of the candidate projects in the Rancho Cucamonga Mortgage Revenue Bond Program as compared to the other projects that are on the market presently, so that their capture rates can be estimated. Specifically, the determination of the capture rates for the candidate projects requires a consideration of the following: First, the number of comparable projects that are on the market presently; these are identified through market surveys. Secondly, the competitiveness oC the candidate projects with the comparable projects, considering their product types, price ranges and market segments; this is accomplished through various statistical techniques. Finally, the financial competitiveness of projects in mortgage revenue bond programs is also discussed. Empire Economics conducted market surveys of the residential developments in the Hest Region o£ San Bernardino County to identify the projects that are on the market presently and obtain information on their characteristics, so that the projects which are comparable to the candidate projects could be identified. There are some 130 residential developments in the Hest Begion of San Bernardino County that are on the market presently. Empire Economics' market surveys of these projects involved the compilation of information on the major characteristics of the projects, including the following: project size, total sales, land-use density, prices, square footages of their housing prod uets, financing, location, and the market segments to which they are oriented. Furthermore, the key characteristics oP each project are summarized in a statistic known as the "real annual payment" which is based upon the following formula: the annual mortgage payment is determined using the price of the housing A 10 EMPIRE ECONOMICS unit along vith Lhe mortgage interest rate and the yearly homeowners association fees are added Lo this; then, the result is divided by the average square footage of living area For the housing products in the project. Finally, the special amenities of the various projects were evaluated, based upon the quality of their neighborhoods, common areas and recreational facilities. For information on the projects in the hest Region oC San 9ernardino County, refer to Table 1. The estimation of the most probable capture rates for the candidate projects involves an analysis of their competitiveness relative to the comparable projects that are on the market presently. The candidate projects' pro-rata shares of housing demand are based upon the number of comparable projects in the project market area, considering their market segments, product types, and price ranges. Specifically, since there are 23 and 55 comparable projects with attached and detached housing Droducts, the pro-rata capture rates for projects with attached and detached housing products amounts to 4.355 and 1.825, respectively. The pro-rata capture rates are now modified according to the competitiveness of the candidate projects relative to the comparable projects, based upon the following: First, the real annual payments oC the candidate projects are computed: these represents the annualized mortgage payments divided by the size of tre it living area. Secondly, their housing prices are adjusted for the distance that the projec ES are from the Los Angeles Metropolitan Core. Since the candidate projects are located in the portion of the west Region that is in relatively close proximity to the Los Angeles Metropolitan Core, their housing prices are adjusted downwards because they have lower commuting costs: the adjustment amounts to some E960 per unit. Third, the candidate project's prices are adjusted for special features that enhance a projects marketability such as being in a Master Planned Community. The results of this analysis reveal that the candidate projects have an adjusted capture rate of some 5.75, on the average. Although the mortgage rate of £ered by projects in Lhe Rancho Cucamonga Mortgage Revenue Bond Program has not yet been established, the mortgage rate is presumed to be some 115 for purposes of the following analysis. By comparison, the market FHA/VA or conventional rates may be either above or below this level during the 1985-A7 period. Consequently, it is worthwhile to assess how this may affect the abso rptlon of projects All EMPIRE ECONOMICS participating in Rancho Cuc amo ng a's Hortgage Revenue Bond Program. Accordingly, the inter-relationships between housing prices and absorption rates under various financial scenarios are now analyzed. The analysis reveals that the potential impact that higher prevailing market mortgage rates will have on the absorption of residential projects in the mortgage revenue bond program depends upon the differential between Lhe market PHA/VA and conventional mortgage rates as compared to the expected mortgage revenue bond rate of some 115. If the prevailing market mortgage rates should rise above it¢, then the absorption rates of those projects in the Rancho Cucamong a's Mortgage Revenue Bond Program would increase commensurately. Specifically, Lhe competitiveness of the non- participating projects would decline substantially since their monthly payment levels would increase, i.e., the projects presently on the market would not De able to lower their prices sufficiently, while the projects entering the market in the future would have to offer more economical product types. T.he Hortgage Bond Allocation Committee of the State of California allocates the state's mortgage revenue bond funds among various cities and counties in California. So, it is possible to determine the particular mortgage revenue fond issues that have occurred recently as well as those that may materialize in the near future. Specifically, in the West Region of San Bernardino ;ounty, mortgage revenue bonds were recently issued by Aanc ho Cucamonga, Ontario, Montclair, and San Bernardino County; they have had a total of some 2,250 housing units in their programs, with financing oC 11~ or less. Thusfar, some 800 of these have been marketed. Consequently, there are some 1,500 remaining units in these programs. Additionally, there are mortgage revenue bond programs in the West Region of San Bernardino Cnunty proposed for 1985 by Ontario and San Bernardino County. FEASIBILITY OF RANCHO CUCAMONGA'S MORTGAGE REVENUE BOND PROGRAM The above findings on the expected population-employment growth and market demand-supply conditions in San Bernardino County's Nest Region as well as the competitiveness of the candidate projects are now all utilized to determine the feasibility of Rancho Cucamong a's Mortgage Revenue Bond Program. A 12 EMPIRE ECONOMICS Capture Aates The feasibility of the Ranbho Cucamonga Mortgage Revenue Bond Program is now assessed according to whether or not the housing units in Lhe candida to .protects can be absorbed within the three year Loan origination period. Specifically, there are two types of capture rates, one far all oP the candidate proJecta in the mortgage revenue bond program, as a whole, and the other for the candidate protects in each oP the market segments, in Dartieular; accordingly, these are now presented. The required capture rates Por all of candidate projects, as a whole, are estimated by comparing the number of housing units in Lhe mortgage revenue bond progr am, some 673 units, with the various levels of housing demand; the results are as follows: Demand for Required Measure of Housing Units Capture Housing Demand (3-Years) Rates Gross Demand 17,077 4¢ (All housing units) Demand by Qualified Households 5,14q 13¢ (Adjusted for bond program criteria: first-time buyer, etc.) Net puallfied Demand 3,649 18¢ (Adjusted for housing units in other bond programs) Thus, the candidate Drojects, as a whole, need to capture some 18¢ of the net housing demand by qualified buyers to be absorbed within Lhe three year time period. The capture rate for the candidate projects in each of the other market segments, in particular, determines 1f the housing units that these candidate projects have in the mortgage revenue bond program can be absorbed during the designated loan origination period. This is derived by utilizing the net demand for housing by qualified purchasers, the competitiveness of the candidate projects in Lhe various market segments, and the number of units that these projects have in the mortgage revenue bond program. Additionally, the time that the projects are expected to enter the market is also Laken into consideration, since their estimated absorption rate will not commence until they are actually on the market. The results reveal that the Lime period required for absorption of the candidate projects amounts to 1.1 years, on the average, and the maximum time period of three years is met by the projects in each of the market segments. For additional Sn tormaLio r, c: the required absorption Limes for the candidate projects, refer to Tables 2 and 3. A GS EMPIRE ECONOMICS The absorption oP the candidate pro,7ects will be substantially influenced by the relationship between conventional mortgage rates and the expected rate of 11Z for the Rancho Cucamonga Mortgage Revenua Bond Program. Specifically, if conventional rates rise above Lhi s~ level, then the pro,j ects in the bond program will have a competitive financing advantage. 47hile if conventional rates decrease below this Level, then the pro,Jects in the bond program may not use their mortgage allocations. Accordingly, a sensitivity analysis was performed to analyze the expected absorption Lime of the projects under the alternative financial scenarios. As expected, the higher conventio ral rates are relative Lo the bond rate, the more quickly the candidate projects are absorbed and vice versa. Conclusions Therefore, based upon the expected demographic-economic trends, the housing market demand-supply conditions, the competitiveness of the candidate projects, and the expected Pinanc ial market conditions, we conclude that the candidate projects in the Aancho Cucamonga Mortgage Revenue Bond Program, as a whole, can use the $SU million Ln bond funds within the three year loan origination period. .ioseph T. Janezyk, Ph.D. Empire Economics A-14 EMPIRE ECONOMICS CHART A RANCHO CUCANONGA ' EC ONONIC BENEFITS OF THE MORTGAGE REVENUE BOND Pfl OGRAM Mortgage Funds...... E54.000 million Comparison of a Typical vs Bond Program Purchase Bond Typical Program Comparison Price.......... E92,000 E92,000 $0 DownpaymenL......... E4,600 34,600 EO 4oan ............. E87,400 E87,400 EO Mortgage Rate....... 73.50E 11.00E 2.50E Monthly Payment.....E7,005.77 E83T.T6 E768.01 Requlred Income..... E40,191 E33,477 -16.70f Mortgage Payment Savings Per Unit All Units 673 Monthly ............. E168 .......... E713, 149 Annually..........., 2,016 .......... E1.358 million Loan: 30 yrs........ 60,484 ........., E40.734 million Employment Impacts Value of Housing Units........ E61.932 million i Price-avg......... E91,960 Number of Units.., 673 Employment Pos itlona.......... 5,342 Primary Sector.... 1,858 E25,000 per year Secondary Sector.. 3;484 E20,000 per year Ads EMPIRE ECONOMICS ~o IJN IG IO Iti 1210 ilg0 lo: w ~ f. {. i F. 1771 I OJI _ 10 110 iii S ~ I^ t ~y i ° r rzl o ~ I IU y 6t IF1 IZ~I I ISM I p _ 1 Oi I 1 V Y I I O 10 IW ~ ly 1w f U ~ ~ ~! 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CM f I r I m 1 1 Y11~ 01 p22 1. p w L u / q22 S 1 1 YY • C22 p u u ~1 M ~ y i ~ I U O/ 1 II22 0 Ol I I 11+ F I M ~h} ' 4 C w i ~ i I n a.s EMPIRE ECONOMICS rABLE z MONTC AGE flEPENUB BOND MAfl fBT DENlNO STUD2: SOMNAPI OF CONCLOSIO NS ANO PgISIBILITS NANCNO COCANONGI Prsaummd No rcgage Pace : 11.00! • • • • •• • a • •a • • • • a • • • • INTRODOLTION • • • • • • • • • • • • • • Ascent Growth Trends Housing Stock Product Un Sta Pacancy Popu latlon Growth/Sr........ 3.366 Rats Pealdential Pe rm Sta/Sr...... 992 Single... 18,852 1, OOt Comma rcial Cona [r/Sr..mill.. 15.23 Nu1tSDla. 3,930 0. 6af Lnduacrial Conatr/2r..m111.. 30.67 Tecal.. .. 23.295 1,002 • • • • •• • • • • ECONOM IC ASSONPT IONS UN DEALYING FOP ECASTS • • • • • • • • Asa lc No regage Aate....... 12.OOf Noua ing ADDr ec Satlon. ..... fi.00} Znf iacion Race............ 6.002 Coat In flatlan.......... .. 6.002 • • • • • DEMAND FOR HOUSING • • • • • • • HOVE ING SUPPLI CONbZiZONS • • Nark ee Raglon Fo roc a to ComDan nle Pra Jseta Attached PreJeeN ....... 23 Econoalc flee set Dm cached ProJwca. ...... 55 Ina Sca[o ra Trends Fe ncaa ca ________________ _________ __________ Real Annual Paymmta Hcua ing Units/Ir 3.tl52 S,fi92 Atcach ed ProJecta..... .. 39.97 Employment /Sr.. 3,192 5,tl03 Detached ProJacta....... 28.21 Populaclon /ir.. tt, 723 17,192 (Annual Nm rtg age Pa yacht/LSvinN Area) Program Crtcer ia Capture flat•a for Cand Sdata ProJec to Maximum Heoalmg Prlcaa Pro-Aa ca Capture Rataa Nev Homes.....,...... !121,660 Attached Produces..... .. 4.352 Existing Houa....... l129,tl70 Detached Products....... 1.A2f Msxiaum Pv rc baser Inc omen Real Annual Paymancs. .. .. .. l7. 54 Average .............. 328,100 Encltiemanc.......... ftl2,150 Ca DCUre Rate for cne S upDlemmntal. .. .. .... (33,720 ProJac ta-Annua l:y. .. .. 5.691 • • • • •• • • • •• • • • • PEASIBILITI OF TA8 BOND PflOGfl AM • • • UnSta. .. ....., fi73 Capture Pate Re quires Ca ceBe ry of Haueing Demand 3-TUr Period Annually (3-years) Greve Daund far Nouala6••••••........ 17,077 5,692 3.94f Demwd Adlua 4d for Houe Sn6 Price 6 Pu re baser Mqulrememts .. ............ 5,140 1.713 13.1Of Demand AdJue Gd Cor Pr0,lecta In Prior A Propoa ed Bond Program..... .. 3,6tl9 1,216 t8.u6f A~2fi EMPIRE ECONOMICS sw HV~ IY~ 10 crawl mY0 i N m o Yis o m IOON10 dx~IO O f P F N w /+ • w w w w w 9 Iwo % 120^ 1.] IOO~IY b N O O I U2 1 y ISrNIY .-I x I f w w _ w w w .~ w ~ JI I N N Y ww6~ IJZ~1 ~ O O O ..w I V J INYYI 'IJ W < ~ m •O ~ wwl Y ~ N vl 1- ~ O N ~ 1 ~ N ^ j O. N 0 I y S i V>~ ^ ~ I ON O •O w y w w w w w V F O Y U 'G i V _ _ 6 2 6 U I N11 _ ~< y w v • W •O I w w O m NI m i i Y O - . YO IN O _ NI Z 2p. I • w w M w w G 2 w i w _ i ~ I O I O I I 1 O _ I- _ N IY~ OI 1 U I II o l o l a .. w w w .. w w i i m o I(~ N N N 1 ~ i m i r~ N ~° m m m _ iii 0 o a 0 o x °o o o °o li mm 0 VO w0 00 0 i0 JO JO CO CO CN CO ° v m i i.~°. on •w iw o.- •.~ iw m 1jw f f o b o o .al v°io m°o me n°a •- me o •- mo 0 1 i Yml a o o i pp. I wml mco n i Jc 00 Jc ° m oco J< ° ° L 1 of -~o l x o ro .v ale . >< i o U 1 + •o LJ AO SO LJ 9O Lu Y • 1 14 SO ZO xC IG Z• It I ~-LI EMPIRE ECONOMICS ASSJMPTIONS AND QUALIFICATIONS '".*.e met.,".otlology underlying this study has been designed to Cake into account all of the various demographic, economic, and ^ousing market factors that will influence the success of the various projects in Rancho Cucamonga's Mortgage Revenue Bond ?rog ram. Specifically, the data used in the analysis have been 3athered .`rpm sources that are regarded as being reliable. Furthermore, the forecasts of housing demand are based upon the most probable assumptions regarding the economic and housing market conditions that are likely Lo prevail in the future. 'dhile a high degree of conscientiousness has been exercised with '~~ respect to the above factors, we nevertheless take special care ~, to state the assumptions and qualifications underlying the study. Specifically, data presented in the study are not guaranteed in t=_rms of their accuracy or reliability. The forecasts of housing ~~ demand are also not guaranteed, since there are numerous ~' economic, physical and political factors that appear to be inconsequential at the present time but may ultimately have a substantial effect on the success of the program. Firthe more, the success of the mortgage revenue bond program .e oends upon some events which are completely beyond our con troi. ?first, the competitiveness of the various projects in Lhe ,program, as compared to other projects that may come on the market, depends upon their interest rate differential. Should mortgage rates decline significantly after the issuance oC the bonds, so that the market rates are below the bond rates, then the financing competitiveness of the projects in the program would dim.nish, and so more time may be required for their absorption. Secondly, the success of a particular project also depends upon the quality of the housing products as well as the effectiveness of its marketing program; this is also beyond our cont..^ol. A-28 APPENDIX B THE DEVELOPERS The City intends to use the majority of the Bond proceeds to purchase Home Mortgages made to finance newly emtstructed single Family residential units located in the City. Based on current estimates provided by the Developers, Home Mortgages to Finance approximately X50 single family residential writs are to be purchased. The following discussion describes the Developers. The Developers provided the following information and are solely responsible for the accuracy and completeness of such information. Neither the City nor [he Underwriter has independently verified the accuracy of the following information. The William Lyon Company The William Lyon Company, headquartered in Newport Reach, has been building moderate-priced housing for about 30 years. The company estimates that o0 percent of sales lust year were to first-time hmnebuyers. 'Che William Lyon Company has divisions in No!ahen! California, North Orange/Riverside Counties, South Orange Cmmiy w!d 5an Bernardino Cowuy. The WiL'inm Lyon Company has participated in numerous bond program units tlunughout Califonlia. The William Lyon Company soli .^_^.~± closed over •_',''?00 writs in 1984 with approximately I,7R0 in Southern California ;md ~W iu Northern California. A-M Company I'hr \-M ('om pngy, founded in 137n, is a partnership with hendquartrrs in ti;urta R;Irh:n'n ',Illd hrnnOh Oft IPeS 111 RPnil '~ald LOS l~;1t 05, (,:!hfnfllla. 'f he Los (Iatns OffICB opened in L98S and has not yet completed any residential developments, although a FO-unit development in S>m Jose is ne;u•ing completion. :\-M ('om munity Developers in Phornix, Arizona is a subsidiary of the A-M Comp;my. The \-M Compmty's Los lia[os n Pfice participated In the City of S!m Jose's 1!183 and 1984 bond programs, in the Alameda County L38° bond program, and a CHFA bond issue. Marlborough Developmeot Corporatiou Marlboratg'h Development Corporation is a California corporation formed in 197fi. It is wholly owned by Midland Housing' Industries Corp. which is owned by Midlw:d Holding Company. Since its formation, .Marlborough Development Corporation has constructed over !2,(100 single Family homes. It has its principal office in Los Angeles, California. USA Properties Fund, Ltd. [ISA Properties P%md, Ltd. is a limited partnership organized under the laws of California in February of 1381. The general partner is [ISA Properties Fwd, Inc. and the limited partner is Champion Equity Corporation. Since 1969 the general partner has been responsible For more than 5300 million in residential property development. USA Properties Fund, Ltd. has its principal office in Santa Monica, California. R-I Lewis Homes of California Lewis Homes of Califomia is part of the group of affiliated entities known collectively as Lewis Homes. The Lewis Homes companies have peen active in the development industry since 1955. The Lewis Homes entities built their first home in Califomia in 1916 and in Nevada in 1962. As of December, 1983 the companies had built more thmt 19,000 single-family homes ~md more than ?,I00 rental writs. Further, they had built in excess of 530,OW square feet of non-residential space, including office and industrial parks, shopping centers tmd other commereial facilities, The emnpamies' total dollar volume etnrentiy exceeds Sl billion. Richwood Development Company Richwood Development Company is a corporation established in 1979. Richard H. Mae Leod is its principal shareholder, Mr. MacLeod has had 45 years experience in residential development and has bunt approximately 30W homes. Richwood Developmeut Compm\y cturently has seven projects offering over 500 units to fist-time homebuyers in the Southern Califomia area. Lowy Development Corp. [to be provided] Kaufman and Broad of Southern Califomia, Inc. Ito tM pCOVhledj 6-2