The URL can be used to link to this page

Home My WebLink About1984/11/21 - Agenda PacketV0 1971 cTrV of RANC M CUGAMCIIVC'rA CITY COUNCIL AGT.NEA Lions Park Community Center 9161 Base Line Road Rancho Cucamonga, California November 21 1984 - 7.30 P.M. All items submitted for the City Council Agenda most be in writing. The deadline for submitting these items is 5:00 p.m. on the Wednesday prior to the meeting. The City Clerk's office receives all such items. 1. CALL TO ORDER A. Pledge of Allegiance to Flag. • B. Roll Call: Wright _, Buquet _, Mikels Dahl _, and King �. C. Approval of Minutes: Octnber 17, 1984 November 7, 1984 2. Atg00gCXKK1=fFRjS=UTl0%E A. Wednesday, November 28, 1984, 7:00 p.m. - PLANNING COMMISSION MEETING, Lions Park Community Center. B. Thursday, December 13, 7;30 p.m. - ADVISORY COMMISSION, No November meeting. C. Presentation of Service Awards. D. Presentation of Resolution to Mr. Sam Maloof, naming Mr. Maloof a Living City Treasure, E. Presentation of City Plaque to Nacho Cracia for his outstanding dedication and service as a member of the Advisory Commission for the City of Rancho Cucamonga. City Council Agenda -2- November 21, 1964 3. CONS= CAIJUM" The following Consent Calendar iteam are expected to be routine and mn- controteraial. They will be acted upon by the Council at one time without discussion. A. Approval of Warrants, Register No's. 84 -11 -21 and Payroll ending 11/11/84 for the total amount of $604,027.51. B. Alcoholic Beverage Application No. AN 84 -24 for 5 Off -Sale Beer 6 Wine Eating Place License, In Myung Lee, 8161 W. Foothill Boulevard. C. Forvard Claim (CL 84 -33) against the City by Redwood 7 Fire and Casualty Insurance Company, auto accident on September 13, 1984, on Foothill Boulevard, east of Turner Avenue. D. Approval of Final May of Tract 12362, Reimbursement 10 Agreement and Railroad Indenture for the construction of a storm drain through said tract, located at the southwest corner of Base Line Road and Hellman Avenue, • submitted by TAC Development. RESOLUTION NO. 84 -282 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING REIMBURSEMENT AGREEMENT, RAILROAD INDENTURE AND FINAL MAP OF TRACT N0. 12362 E. Approval of Improvement Agreement and Improvement 24 Security for Tract Map 124901 located on the east aide of Vineyard Avenue, south of Foothill Boulevard, submitted by American National. RESOLUTION NO. 84 -283 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12490 Approval of Parcel Map No. 8011, located on the south 40 aide of Bella Vista, went of Carnelian Street, submitted by Brimar Development Company. City Council Agenda -3- November 21, 1984 r1 LJ RESOLUTION NO. 84 -284 42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP MO. 8011 G. Approval of Parcel Map 8587, located at the southeast 43 corner of Mayberry Avenue and Rancho Street, submitted by James Prev iti. RESOLUTION N0, 84-285 45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP 8587 B. Approval of Real Property Improvement Contract and Lien 46 Agreement, submitted by Seto Amusement Company and Jafam Corporation in connection with Parcel Map 8345. RESOLUTION NO. 84 -286 52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY • OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM SERO AMUSEMENT COMPANY AND JAPAN CORPORATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME I. Release of Bonds: 53 TRACT 9435 - Located on the east side of Haven, north of Victoria; owner, Crismar Development Corporation. Labor and Material Bond (Road) $58,500,00 Maintenance Guarantee Bond $ 5,850.00 DR 83 -17 - Located on the east aide of Ramona Avenue, north of Foothill Boulevard; owner, The Barmakian Company. Accept: Labor and Material Bond $44,000.00 Release: Improvement Security $132,000.00 Instrument J. Approval of Lemon Avenue Road Improvements, Design 54 Services Contract Change Order No. 1 by Nilson- Bryant 6 - Associates for $2,330.00. City Council Agenda -4- November 21, 1984 K. Approval of Engineering Services Change Order No. 4 to 57 Mills and Lill Associated Engineers Contract in the amount of $6,000.00 for Assessment District No. 84-2. L. Approval of recommendation to engage the engineering 60 design firm of L.D. King, Inc. of Ontario, California to perform Plans, Specifications 6 Estimates and such right -of -way and railroad coordination workings as required to widen and improve the Southern Pacific Railroad Crossing on Archibald Avenue balm 19th Street. M. Approval of Award of Contract for the Reconstruction of 75 Hellman Avenue from 6th Street to 656 feet north to the lowest responsible bidder, Great Venture Construction, for the amount of $76,415.38. N. Approval of Award of Contract for the Improvement and 77 Reconstruction of San Bernardino Road from 975 feet east of Vineyard Avenue to Archibald Avenue and Church Street from Hellman Avenue to Archibald Avenue to the lowest responsible bidder, Riverside Construction, for 'the amount of $372,890.46. • . approval of Lease /purchase Agreement with SCAG for 88 G� urchase of City Street Sweeper. RESOLUTION NO. 84-287 225 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, AUTHORIZING AND DIRECTING EXECUTION OF LEASE FINANCING DOCUMENTS, APPROVING PRELIMINARY OFFICIAL STATEMENT, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO F, Approval of Grant of Easement for atom drain purposes 228 across Bear Gulch Park. RESOLUTION NO. 84 -288 232 A RESOLUTION OF 171E CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN EASEMENT DEED FROM CITY OF RANCHO CUCAMONGA TO FRANKLIN WEST COAST INVESTORS I FOR STORM DRAIN PURPOSES AT BEAR GULCH PARK • City Council Agenda -5- �Q. Approval of a Community Recreation Agreement between the City of Rancho Cucamonga and the Central School District for joint recreational usage of Rear Gulch School and Park. R. Approval of Change Orders and Contingency for the Rancho Cucamonga Neighborhood Center project. S. Approval of an Agreement between the City and the L-1 Cucamonga County Water District for the lease of District Property for park purposes. T. Set public hearing for December 5, 1984, for EIR for Assessment District 84 -2. 4 ADVEMSE0 "BLICMEIIIGS A. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENTS - v Item continued from November 7, 1984 meeting. (1) ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -03 -B - CITY OF RANCHO CUCAMONGA - A request to amend the Development District Map from "M" (8-14 du /ac) and Industrial Specific Plan (General Industrial Subarea 1) to Industrial Specific Plan (Industrial Park) for 18.8 acres of land located at the south side of 9th Street and Baker - APN 207 - 271 -04 through 10, 17 through 20, 35, 37, 38, 43, and 44. ORDINANCE NO. 241 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM 'M" (8-14 DU /AC) AND INDUSTRIAL SPECIFIC PLAN (GENERAL INDUSTRIAL SUBAREA 1) TO INDUSTRIAL SPECIFIC PLAN (INDUSTRIAL PARR) FOR 18.8 ACRES OF LAND, LOCATED AT THE SOUTH SIDE OF 9TH STREET 6 BARER - APR 207- 271 -04 THROUGH 10, 17 THROUGH 20, 35, 37, 38, 43 4 44 (2) ENVIRONMENTAL_ ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -03 -C - A request to amend the Development District Map from L (2 -4 dulac) to LM (4-8 du /ac) for 4.78 acres of land generally located on the south side of Arrow Highway between Comet and Sierra Madre - APN 207- 222 -08. November 21, 1984 233 245 244 251 0 City Council Agenda -6- November 21, 1984 ORDINANCE 00. 242 (second reading) 252 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT IMP FROM "L" (2 -4 DO /AC) TO "LM" (4-8 DD /AC) FOR 4.8 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY, BETWEEN SIERRA MADRE AND COMET STREETS - APN 207 -22 -08 5. NOB-ADVBRZISBD BEARINGS A. CONSIDERATION OF MOBILE HOME PARR MATTERS - The City 253 Council will consider a proposed Ordinance pertaining to rent adjustments within mobile home parks. -Ar?Jr ORDINANCE MO. 245 (first reading) 274 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 8.10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR AN ANNUAL MAXIMUM RENT ADJUSTMENT • B." CONSIDERATION OF AMENDING ORDINANCE NO. 231 - Amendment 288 would remove "sunset" provision from present Mobile Home Park Rent Adjustment Ordinance. ORDINANCE NO. 231 -A (urgency) 289 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE NO. 231 BY REPEALING SECTION 8.10.110 THEREOF PERTAINING TO TERMINATION OF CHAPTER 8.10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ENTITLED 'MOBILE ROME PARR ANNUAL MAXIMUM RENT ADJUSTMENT," AND DECLARING THE URGENCY THEREOF REGULATIONS OF AMBULANCE SERVICE WITHIN THE CITY OF RANCHO CUCAMONGA - Item continued from November 7, 1984 meeting. ORDINANCE NO. 230 (second reading) 290 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE REGULATION OF AMBULANCES is City Council Agenda -7- November 21, 1984 D. ORDINANCE PROHIBITING INTERFERENCE WITH POLICE DOGS - Item continued from November 7, 1984 meeting. ORDINANCE NO. 243 (second reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 9.16 THERETO ENTITLED 'MISCELLANEOUS OFFENSES" WHICH INCLUDES SECTION 3.16.010 PROHIBITING THE INTERFERENCE WITH POLICE DOGS E. ORDINANCE ESTABLISHING THREE YEAR STAGGERED TERMS OF OFFICE FOR ADVISORY COMMISSION AND ADJUST COMMENCEMENT OF CHAIRPERSON'S TERMS ORDINANCE NO. 87 -B (first reading) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, AMENDING SECTIONS 2.28.040 AND 2.28.070 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATTVE TO TERNS OF APPOINTMENT OF ADVISORY COMMISSION MEMBERS AND OFFICERS • 66. CITT�'B�ISPOM A. REVIEW OF OF B�UTIFICATION PROGRAM - Review of 1984 -85 nn Budget Proposal and request authorization to advertise Base Line Road and Carnelian Avenue Construction Contracts. 77. COUNCIL 11810105 No Items Submitted 0, ADMg- Adjourn to Closed Session for discussion of Personnel Matters L 300 L ` 301 302 I 10 -B4 LIST OF wARRANTS PAYEE -------------------- ------------ - - - - -- 10 A C R TIRE SERVICE 1 A A EQUIPMENT RENTALS 3 A -1 LINEN 2 A -AABLE LOCK L REY 709 A -U CONSTRUCilCK 676 ALEXANDER ABREU 703 ALARCCN C SUNS 693 ALLEN T. MITCHELL E SON, INC. 690 ANTHONY POOLS 707 ANDY ARAGON 148 ARCHITECTS C FLANNERS SK STOP 35 BEAR GULCH TIRE SERVICE 188 BEDROSIAN, NOTCH 555 KINGSLEY BENEFIELD 41 BISHOP COMPANY 672 THE BROADWAY 9 BRUNING 686 BUDGET PLUMBIBG 551 BURK, FLOYD 552 BUNK, 90SEANN 102 CA ST DEPT. TRANSPORTATION 59 CALIFLRNIA BUSINESS 682 SUZAHNA CAPPARELLI 68 CENTRAL CITIES SIGN SERVICE 70 CHAMBEF OF COMMERCE 588 CHEVRON U S A, INC 72 CHRISTOPHER CHEV, MARK 7C2 CITY OF RANCHO CUCAMONGA 74 CI7Y RENTAL 51 CLAREYONT BLUEPRINT COMPANY 361 COCA -COLA BOTTLING COMPANY OF 694 COLLINS CUSTOM INTERIORS 115 COMMUNITY END SEAV, INC 805 CAROL CONFER 633 CONSOLIDATED ELECTRICAL DIST 383 COPY LINE CORP 85 CUCAMONGA CO WATER DIST 67 CUCAMONGA PRINTING LA INC • RANCHO CUCAMONGA PALE I ITEM OESCR NARRR wARR.AMI. ------------------------------------------------------- 505 5C6 506 VEHICLE MAINT E UTNER ITEMS 00507 850.75 VEHICLE MA1NI SUPPLIES 00508 55.03 NEIGHBORHOOD CENTER C OTHER ITEMS CC569 160.00 VEHICLE MAINZ SUPPLIE C CIHLk I1EMS 60510 88.11 REFUND BLSINESS LILCNSE 00511 70.00 REFUNC ON TRIP CL512 16.00 OVERPAYMENT ON BUSINESS .ICENSF 00513 75.11 REPAIRS 00515 89.61 FEFUN nF CFPn SIi OOE15 25C.00 PARACE Stl UP L051C 43.56 b LCK 00517 20.25 VEHICLE MAIhT 5UFPLIE E LTHEA 1ISMS U0516 12.50 CONTRACT PLAN CHECK 00519 4,612.50 INSTRUCTOR PAYMENT C052L 126.23 MAINT SUPPLIES 00521 163.43 CFFICE EQUIP 00522 172.95 ACTIVATOR L OTHER ITEMS CC523 175.66 REPAIRS 4:024 36.0C INS7RUCTCR PAYMENT 00525 681.30 INSTRUCTOR PAYMENT C0526 999.00 SIGNALS C LIGHTING (0527 2,062.89 PUBLICATIONS 00528 1.95 REFUND ON TRIP 00529 24.00 MAINTENANCE SUPPLIES C OTHER LIENS C053L 260.28 NOV PMT. CC531 I,000.00 GAS 00532 59.53 VEHICLE MAINT 00533 52.53 REINSTATE LOAN TO 82- C OTHER ITEMS CC534 229,650.U0 1RASH PUMP RENTAL 00535 139.50 CEV DIST MAP 00536 25.45 NOV RENTAL C OTHER ITEMS 00537 52.00 VEHICLE MAINT CC538 39C.00 CONTRACT PLAN CHECK 00539 7,821.50 INSTRUCTOR PAYMENT 00540 39.60 AFCHIBALO BEAUTIFICATION L054I 1,230.66 COPY MACHINE RENTAL 00542 375.18 9161 BASELINE RC C OTHER 11EVS 00553 1,606.79 FOUNDERS DAY PARADE FLYEkS C POSTER C0544 164.30 0 'N 11-21-54 LIST OF WARRANTS PAYEE 689 28 671 2 676 546 547 677 17 714 4 133 137 142 143 383 603 147 704 543 108 157 151 612 175 541 193 339 645 548 205 705 655 250 679 539 las 708 709 699 230 567 235 564 CLSTOM ASPHALT PAVING DAISY WHEEL RIBBON CO, INC DECNICA DE LEON GERALC DUNN DWORAM, GAYLE DVAN, DIANE ELSEVIER SCIENCE PUBLISHER EMFEY, HARRY FORTUNE GARY HAYES WELDING GENERAL TELEPHONE CO. GOMEZ, RICK GRANT. JERRY R. GRISSCM E JOHNSON FRANK GUTZI HANCOCK, GEORGE HARVARD BUSINESS REVIEW MIVELY, PUMICNA DAVE NOOMAN HOLLEY. WILLIAM L. HOLLIDAY RUCK CO., INC. C R JAESCMAE, INC JOBS AVAILABLE KDZLDVICM. DEBBIE LAIRD CONSTRUCTION CO LAM, JACK LEONARD PALMERIINLANO VALL LOGUE, SALLY LOS ANGELES TIMES VERDA MANLY MARRIOTT IN -FLITE MARTINEZ UNION SERVICE NANCY MC CORMICM MC GDWAN, BARBARA MC MAMA% OESM OF ONTARIO, MMASC MEMBERSHIPS MOTHERS MONTHLY NEWS NB1 INC NETWORK COMMUNICATIONS OWEN ELECTRIC PACIFIC COMMERCIAL BROKERA • RANCHO CUCAMONGA PACE d __ ---- ITEM DESCH ----- ----- --- ------ ------- ------------------- WARRK 44RR.AMT. ------------ . REFUND OF DEPOSIT C OTHER ITEMS 00545 1,142.00 OFFICE SUPPLIES CC546 A3 -05 �mEf UND ON TRIP 00517 8.00 REFUND CLASS 2310 00598 15.00 INSTRUCTOR PAYMENT 00599 332.64 IMSTRUCIUR PAYMENT 00550 613.80 G CC., PUBLIC:AIIO%S 00551 59.00 MILEAGE 00552 200.00 SUBSCRIPTION CC553 31.LL REPAIR CFUIE ON SWEEP E LTHER LIENS 00554 140.00 989 -1851 E LTHER ITEMS 00555 6,922.90 MILEAGE 00556 200.00 MILEAGE 00557 175.00 PROGRESS PMT N4 REVISED -1 C0558 675.CC REFUND ON TRIP c0559 E.00 INSTRUCTOR PAYMENT 00560 128.70 SUBSCRIPTION LC561 35.GC INSTRUCTOR PAYMENT 00562 257.40 INSTRUCTOR PAYMENT 00563 59.90 MILEAGE CC56A 200.00 ASPHALT E LTHER ITEMS 00565 202.1? VEHICLE MAINT 00566 984.77 ADVERTISEMENT 0056T 39.20 INSTRUCTOR PAYMENT U0568 292.05 CONTRACT SERVICES 00569 912.50 MILEAGE UC570 250.00 EY REFUND OF PLANNING FEE 00571 62.00 INSTRUCTOR PAYMENT 00572 594.00 ADVERTISEMENT CG573 !94.26 REFUND ON TRIP 00574 16.00 REFUND SION PERMIT C0575 3i.CC SHERIFFS VEHICLE MAIN E OTHER ITEMS 00576 2,922.11 REFUND ON kEOON00 EEACH TAIP OU577 B.DO INSTRUCTOR PAYMENT C0578 94.G5 INC DESKS C LTHER ITEMS 80579 3,370.36 MEMBERSHIP 00580 20.00 ADVERTISING C0561 422.56 INSTALLATION E LINER ITEMS 00582 132.00 BEEPER RENTAL 00583 20.00 CLAMP 00584 2.12 GE DECEMBER RENTAL 00585 6L.00 • • • • I *84 LIST OF WARRANTS RANCHO CUCAMONGA PALE 3 PAYEE ________________________________________________________________________________________________ ITEM DESCR WARRN NARR.AMT. 229 PACIFIC PRODUCTS, INC MAINT SUPPLIES CC586 86.36 467 PATTON'S SALES CORP OFFICE EQUIP 60587 8,LU1.58 212 PISNEY BOx15 POSIA(1F METER RENTAL 00+86 116.07 673 KAREN PLUMHOFF REFUND ON TRIP 00589 8.00 255 PONA DISTRIBUTING CO FUEL C OTHER ITEMS 60596 9,563.91 405 PRECISION HYDRAULIC SYSTEMS EQUIP MAINI 00591 77.70 706 PRENTICE -HALL, INC. PUBLICATION 00592 103.29 262 PROGRESS BULLETIN SUBSCRIPTION RENEWAL 60593 6U.00 674 PEGGY QUEEN REFUND LAS VEGAS TRIP LG594 IC.DO 687 RADIO SNACK VEHICLE MAINT SUPPLIES 00595 27.27 285 RANCHO DISPOSAL LIBRARY TRASH OISPCSA E OTHER ITEMS OG596 149.75 809 BETTY REAGAN INSTRUCTOR PAYMENT CC597 146.52 1000 A H REIIER DEVELOPMENT CO REFUNL 1,.R .L"r P4 -29 00598 398.00 684 RESEARCH INSTITUTE OF AMERICA SUBSCRIPTION 00599 36.00 274 JANICE REYNOLDS PLANNING COMMISSION M L CTHER ITEMS CC6(C 5L.L'0 112 RITZ CAMERA CENTERS FILM FINISHING C OTHER ITEMS 60601 210.01 276 RIVERSICE BLUEPRINT PRINTS C OTHER ITEMS 00602 4o 9.ea 276 FOSERT PIZZO MILEAGE 006D3 200.00 691 STAN C RICK ROBERTS FEFL'ND OF CEPDSII 04664 2` -G.C'0 e88 STEPHEN ROBINSON REFUND OF OEPCSIT 00605 250.00 536 ROORICUEZ, DEANNA INSTRUCTOR PAYMENT 00606 95.04 574 POISON LINES, INC/ CONTRACT SERVICES C0607 147.00 701 STEWART ROSS REFUND FOR CLASS 2310 (LEG8 15.LC 382 ROSS, LEWIS AND ASSOCIATES PROFESSIONAL SERVICES 00609 825.00 521 ROUGEAU. PAUL TRAVEL C MEETINGS C OTHER ITEMS 00610 43.56 + 410 RWR ASSOCIATES ARROW PARK OOE11 275.0[ 712 SAFETY STRIPING SERVICE INC. STRIPING C0612 346.13 301 SAM BERNARDINO CC. SHERIFFS NOVEMBER 00613 256,647.00 214 SAM BERNARDINO COUNTY CONTRACT SERVICES 00614 248.60 535 SEMPLE, JUDY INSTRUCTOR PAYMENT L0615 154.44 126 SEVEN DAY AUTO PA.Ii VEHICLE MAINT SUPPLIES C(tlb 17.03 534 SHAM, CECILIA INSTRUCTOR PAYMENT 00617 712.80 711 SHORING SPECIALTIES EGUIPMENI C'Ot1B 645.54 36 SEA SAMPLE MINUTES FOR HP: MEETING CC619 5C.CC 320 SOUTHERN CALIF. LANDSCAPE MGKT. CDNIRACT SERVILIS 0062C 10,339.85 317 SOUTHERN CALIFORNIA EDISON CC. 6925 ETIWANOA AV C OTHER ITEMS (0621 1,035.20 317 SOUTHERN CALIFORNIA EDISON CC. 1OC95 CIELIIC C OTHER ITEMS 60622 604.77 319 SOUTHcHN CALIFORNIA GAS COMPANY 9161 BASELINE C 11HER lILMS 00623 101.60 5223 STANDARD bNAAOS PAINT OHOF CLOTHS C0624 5.66 344 ST ANTON NURSERIES, INC LANDSCAPING SUPPLIES 00625 1,346.20 330 STATIONERS CCRPURATION UFFICE SUPPLIES E LTHEN ITEMS 00626 2,284.61 I1 -21-84 LIST DF WARRANTS RANCHO CULAMONGA PAGE i PAYEE _____________________________________--___-_----__-_--_--_-__-.__ ITEr LESCR _-- __- ____- WARRK _______- WARR.AM7. _____- _ -__ -. 378 SULLIVAN, N CCNTRACT SERVICES 00627 3,15C.G0 279 THE SUN ACYtFIISE"LNi 00626 21.4E 691 PAT SUNDERLAND REFUND FOR SOLVANG TRIP C(629 12.95 717 7 E 0 INSTALLAIIOh, INC. SHERIFFS VEHICLE MAIN C LINEN ITEMS ((63C 43.75 692 TENNISLK INC. REFUND OF DEPOSIT PERMIT #1516 00631 500.00 531 THOMAS, PATRICIA INSTRUCTOR PAYMENT 00632 176.20 711 7I6MI- SYSIEMS INC. CLEAN UP DIox CC633 200.00 553 UNISTRa7 LLS ANGELES EGLIPMEKI 00635 2,953.16 713 VALLEY SOUNC PAINT C bTHLR ITEMS 00635 450.97 710 L A bAIKSCOTT C ASSOCIATES, INC. BASELINE AVE PROJECT C0636 6,562.46 478 CARL WARREN C CO CLAIMANT - "ALBERT L. PARKER C0637 136.18 715 GURDLN H. .AITLES PUBUCATIUN6 00638 35.13 213 WAKIE, NLELR -Llhr CCFF MAINE .UFPLI.S C GTkER 11E"S C0639 145.48 374 'WESTERN E11EFr IhA1GR MAINTENANCE LC64L 81.00 218 L.ESTEFN H1dh.AY PRODUCTS, INC MAINE SUPPLIES '0641 1,059.09 267 WESTERN POLK CG PAINT SUPPLIES C LTHER ITEMS 00652 60.52 362 MARY WHITNEY OFFICIATING SOFTBALL LEAGUES C0643 918.00 695 WILCOCK MAMIIAN PACIFIC BATTERY VEHICLE MAIN? SUFPLIC E ETHER ITEMS 00644 175.57 670 ZOKhR INDUSTRIES, INC. MIINT SUFFLIES 00645 464.17 646 - 11812 118 ANN HUNSBERGER OFFICE SUPPIIES C OTHER ITEMS 11E13+ 485.33 179 KAISER FOUNDATION HEALTH FIAL1N INSURANCE FOR NOV. 11814. 5,966.90 197 LEAGUE OF CALIFCRKIA CITIES CASSETTE 11815• 2.60 719 FRICE CLUB COPPUTER PAPER, CUPS, C OTHER ITEMS 11816< 346.47 6C CALIF DENTAL iERSICE Ci NTAL INSURANCE IIE17- 3,764.29 325 STATE CDMF'ENSAIiih INS. FLND WORKERS COMP INS FOR OCT. 11E184 i,099.30 722 CITY- GCLNTY PLA1N7hG PLANNING COMMISSIONERS CONFERENCE 118194 24.00 720 KELLOGG HEST CITY COUNCIL WORKSHOP 11820- 50.00 TOTAL CHECKS 604,027.51 • • • cull I A/F] 11W Ml MRAOIK W4lVVAVVV jFg� rw �.f. -.. w AAnO.Wk rw•w wrw 1"T- •- ]awwawr.t/. MI. Sm 8wrnar0 m J�v =h :;' r 1. TYM) Of UCINS4A NI. n0.1 - -- OFP �ALX G&URAL , AtiAai WWII s.c Sou p iSa•1ra Oww COOS 7615 Ow 1w•i T" Iwarll F•a<riw 0•rt Z NAVAS OF A"t CAWO :OJ'IHILL LI UOri� ], TYMS) CM RAN5ACT1Oto) tc. iR! 2.v71.ir IL Ww . llar•4awaa.'r•sJer.r•w . rw ff.w CAYw rr/4 Cwarh tOtAl 0.11 fraaww Slw fml0wiw.rllw . - 1. -Qgf L MO lnNN - �. wNFy AMaw (440 f. P-N anG 3•aw ...r �r.. f. Ila.a Twr ww Yaan <ww<r•1 w s HMn]1 10. Ir•ra lau a_ .IIYM arty w Ma pe.rixn N M Ak 1ara<a0a fi � AN a nflr1a11arn N IM 0a•ww•m w Il. FgINn a "YB' wn.a. ro Saw f w 10 •n w errwFnranr "Ich MNI M 4waa� f•A N rM1 ag4<AIiM, . _: 1 _ r I1, AffTi(Ara -awaw rw rMr 6nr rn.nyb irnfTwN'iri 6nw II <anrod wMiw..11 N. AT Ma arrollR(alknr N a Irsan_, ae • hl IMr M _ .INaro w <wro a •a<nrll ro w wN•Mf am N AY f<awuarn d Ma Ak"k lwaraw Can1ro1 A<1. 13. S]AR ob, AU pIMA Caunh __.._..�..,..j..y- .__... 7 7 'rV:�+. n • .Y. r+ww •» roxw r .w N x�Nnw: iA aw w. +,rrw rnw na.. xn « .. AFnumwN IT TRANUIRM u, STAR OF CAUFOf"A ........ w..------ ti—"a----------- u.<r �.•y N ..r+r. »M M wr M.� r.w:1.r .Y .. r4» N h rnrwr <rr rrrary nw,rlw warty. MM �a�ny Y w MYn+x » n V:xr T M Y »-T +Mrr Y wYE</ Ywwlr: •w.rl 4w .n< Y ti xW.r n.. ».r .earww w w N n M .w/r n wxa M h Mwra. i mn Tr nwrr xMn wwrM v m x+• n r.rw N . wr 1�a rwx. .w Yr �. wn r.MM1 M Y..r w.M Y/ M rEn�»rrn Y M^M »V.1 M.w� n » Ix. r7Yr N xM» » w MY w .wn wr rrrM» N �...Nr,» ri nw :w rwrM .wYn.n xYr M .wrx.• .rrwx.r D. No Wk, 1]/.h TAY Lbw, Fw DaFw6•fM t/w 0* A•wMr mMwr n1rlU.1 fAraa ❑ .---------------' --- °--- ° °------ -------- _- _COf1e NAA10 _ /.O.:�Y._�........... °- ........ p Y1wwA /n w-- ------ -JaM L_-- -------- --- ....... OM. w ................. A . I 11• _ nr:r� ..�wf. w.• 5 FooTHILL BLUB IQlkLO Ado - auer C U LSUeg L*WP LMM� iJJA1 Fcn -&,LL baums is LOCA -rCo oN -tAe Sou ieAsT 600je of Fo�iLL ZLub Pmo 2d A41tL CDu,unEQ CLuL Di2oueW 77ucsr west— of t7L 10t61C LA-rnP 1&W. �rzo�llC�? A- SAtPkr, "?aact1%ES wl IcAnop6;eueea( (emNaCeea CSC) Geueem -16 o 5w errtavenT�t —i2om MeeC,AL A�gttrs�F 1oPe2ri�S - �o' rn►nQQc�RC 0 G File m DvpLCa(e CLAIM AGAINST CITY of tuNt3to CvcntnNCA GG7Y-37 •Data Mco,ernhpr_ TO: CITY OF RANCHO CUCAMONGA AOMINISTRRTION CITY C,EM City of Rancho (ucanongar California NOV 14 Will 9320 Baseline Avenue All Rancho Cuearaca sar CA 92410 7t6f911Ill112t1f2f314f516 Pursuant to the provisions of Sections 905 and 910 of the Government Code of theiState of Callfornld, demand is hereby made against the treasury of the County of San Bernardino. State of California, in the RQQ 'n r'am and CORtinl�lsa amount of $i, n �ipport of said claim, the following information is sa 7mitted: 1. Name of claimant: Ca:vanv F,,, M•cUU Lax 2. Address of claimant: 31.7..;<21z>vas4_��tl, / �d Ivs .lnaele �_�7� _9D'J41 sm r Err ZIP A,ea Ca•. anJ rCOpnn,.. Nn 3. Address to which claimant desires notice to be mailed Ilf different from Item 21: c/o Atmrnev :elvtda Snith. Law off_ irk �11_3�2_ntura Sgulcvard. sneer C,ry ZIP A,, Cber ,na T— Inane N. • 4. Name of legal owner of damaged property upon which claim is based: 5. Name of registered owner of damaged property or loss upon wi. ch c!•urn is base(j: F,. :r 6. Name of injured partylsl, tY�v.a Grhi prm-,l nvrw •,_, Ca+n tip` a;r,�ham i.h,ri iTT __,______„ F n, Lan 7. Date alleged damage occurred: natp of Monts Jar Y•a, B. Place where alleged damage occurred: Fry hill r oulm d4- ❑: gt rf 'L._.L9menup ganr -t+•) P'or't Sancti ft eer nr Nramrt Cron.SVren 9. Time of day or night damage 10. Public property and /or public officers or employees alleged to be A fault: l'�n1 of can 'L+rn.',r li nn, ^i %'J��Rnnrhn 'fit(-- -ny9;_„CS l3�rn�r inQ wmty Sheriff arUarr_L-LJa lntt andpAcibl .ot-hnra pgnn Vknrum __^ 11, Name, address and telephone number of witnesses if possible:...ilnknaouLat * - -hi c r =^r- -_GWaiL- ag CTIP Traffic Collision report 01-83N -206 Raw. 111113 12. Manner in which datn�ges x:curw l and n:dald, (`(Tilt .lint ., „uot of In:ory or Jantage C,.'ried. together with basis of eon l.utdti +,n Iherc„t (6et nut m d-ot ,! ,; lwr ri()TE, shown bohow). If pnsstb!e, please provide pictures and estaneles of :mount of lass PI substnutldu• vuur r-la:m. t\lo MW b-- .RLO.- ^.k'.tl :h- ...., : !i':,, , ..'t'. L. . Ir!; VERIFICATION STATE OF CALIFORNIA, COUNTN OF LOS ANGEf L, I have read the foregoing �_ _ • - -- '- -- - -:A---- And knew its contents. ® CHECK APPLICABLE PA RA(i RPH ❑ 1 Am a party to this action. The mutters stated in it are true of my own knowledge eecept as h, those matters which are stated on information and belief, and as to those maters I believe them n, he true ® 1 am Dan Officer O a partneL__. _ -_ ❑ aLyLLLk[iu1_ :,i 1C7IC �[, n t.� S, .___ a party to this anion, And am authorized lo-make this verification for and on its behalf. and I make this vcnficut,on for that reason. I have read the foregoing document end know its comenls The matters stated m it arc true of my own knowledge ❑ncept as to those matters which are stated on tiformdlmn and helwf. and As ;o those maters I believe them to he true. 1 am one of the attorneys a party to this action Such party is absent from the county of Aforesaid where such Attorneys have their offices, and 1 make this verification for and on behalf of that party for that reason. I have read the foregoing document and know its contents, I am informed and believe and on that ground allege that the mallets stated in n are true. Executed on_ _. 1934, at California. I declare under penalty of pequn under the laws of the State Of C 1J,, nn,, that the foregoing is true and correct -- - -- Signaure ACKNON'LEIXIMENf OF RECEIPT OP DOCUMENT (other than summons and complaint Recened copy of document described Signature PROOF OF SF:RVCF. STATF OF CALIFORNIA. COL NT) ' OF LOS ANGi, LISS I Am employed in the county of..._. _Lgs- Angeles .., _._ _ _ State of Caldorma I am os er the age of Ig and not a party to the wit hin action, my la last add rc.. u_ 1 =3 Ven to r fS IS• 1. hcrM,�n_na H1.Califoraii rtl,�_ On rlsv.enF.>. — 19'1, I served the foregoing document described ate_ _�u'lt;i Acarasr STTY -CF - ReANC[10 ZJCA%JXGA in this aenun h. placmg a true copy thereof enclosed in A sealed cmclupe wilh postage thereon fully prepaid m, the United States mad At _ .�'L ^ 0 :�: ..! 31 i "U "f.-.4_ _]. Addressed as follow, CITY CT )III City Of .tanctm Cucatrnnga, �"'Ufornia 9320 Basylire Avenue Poncho CticaiOnga, CA 92.110 Q (RN' MAILI I caused such envelope with postage thereon fully prepaid to he placed in the United States mad at Sit ^r^n'1 O�1'= California, ❑ (ON PERSONAL SERVICEI I caused such envelope to be delivered by hand to the office of the addressee. I.vecuted on NOVanber 2 19 -2-4 at 3io- , , -. Do s , California Q(State) 1 declare under penalty of perjury under the laws Of the State of California (hat the above is true and correct . ❑ IFederaly I deviate that 1 Am employed in (he Office of a member of the bar of this court at whose direction the service we made r �aerY r.aaJn •iv�Sarle efvMn' n vA,raaYn.ra.eower . Slana(Yle E)le MC Arthidw n • 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 21, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer SUBJECT: Approval of Final Map of Tract 12362, Reimbursement Agreement, and Railroad Indenture for the construction of a storm drain through said tract located at the southwest corner of Base Line Road and Hellman Avenue submitted by TAC Development The Reimbursement Agreement and final map of Tract No. 12362 for tract development and installation of a master - planned storm drain and a railroad indenture for construction thereof, are submitted herewith for Council approval. The project is a division of 6.4 acres of land into 23 lots of 22 four- plexes at the southwest corner of Base Line Road and Hellman Avenue. The subdivision was tentatively approved by the Planning Commission on March 9, 1983. A cash payment of $28,000.00 was paid to the City in lieu of construction of Hellman Avenue Improvements. The City will use these funds for construction of Hellman Avenue in conjunction with the City project of the installation of the Hellman Avenue Storm Drain. The Reimbursement Agreement is the City standard for installation of Master Planned Storm Drains in the City. This development will be installing Master Planned Storm Drain No. 2 -11 (Library -Base Line Drain). RECOWNDATION It is recommended that City Council adopt the attached resolution approving Tract No. 12362, the railroad indentures and the Reimbursement Agreement and authorizing the Mayor and City Clerk to sign on behalf of the City. Respectfully__S b, fitted, / ILI LBH:JLM:ko Attacbments /L� 0 • iUBD(VIS*W MAP A TENT. TRACT N0. 12362 V : ^ pp"^ s n 7 +� • T -t Jy 1 tw' J �• 9.157 F=hr:l Soul, •,trci / Rancho C::c�rncnga. California/ (714) 989 -8541 91730 ADM IN IST:ATI ON Frank A. Cos ca, Jr.. Fd.D. Ois(nct Su aenn:enCent John A. McClary ASSIStdnt SuoeluVendenr Pe,sonne� Thomas W. Garnella, Ed. D. Amstant Sopenn ;endeM. 5uswss Senrces August 15, 1984 Date T 7—OF C`,,.,..,_ ...:Cr CT C,',C_T _.._TC3 •�: . -_ -C:1T. C.. F7 ...,.. :L 7� -R i.. .. ittir. Gantry: _..too. Discri-_ and :.e n -ral ��.,•.... Da tr ict atten:ia ^ca and a: ies ✓:in; lest r: be'! prs4ect: Do;.._.,,_; PAC DEVELOPMENT CORPORATION Loca Lon /! %___=_;':on West of Vineyard, South of Foothill, North of Arrow Tract No. 12362 Number u: :.:e__- .._ - eighty-eight (88) townhouses Antici :] -r Co:-.;: ett ;n rate 12/31/84 ov-, c, oaci C: Enr 26.4 studeacs in .,n'nousing cn: -s to ')a constructed _sic: sn'_ial ..et'a�o; ;rem:. This cerc :Eire ri c r. is en on ;.e condi't'ion The ._.eloper e.nd di ..:ct '_ ._ e::ecn.t.xt — th_ "Agreement for .,.c ill ties ar.d Es cah'_is hir Fees .cr SUCI Fa d lit es" and 2) :h e^ ..-.__ -'er cO nt::..RS -J c <1-1 the Ce ^r.5 aan Conditions of "he Aaraeilent. 'C'ne ^cr.::i meat : ch is lets hail expiry one hsndrad an night. Jays -r the late uE this letter or at 12:vi a.m. February 12, 1985 This he -Le, of Cer_ificatinn for Sc!;ool District Capacit;: shall be n.o.n.ass4p_,31e and all assi ;n: -.ents are null „nd ': oid, Apprc'nl the issuacce of on1 ng permits Sp the � of Rancho Cucamonga �:i -'nir. Cae pe:_ s }loll 'fa!lddti S: :C° r0'1:Alt lle ❑t t0 th45 S me erei", Frank A. Costa, Jr, Super_n tenden- 3/94 Uvvence W. Dutton latnela I. Wright e......, 0." J �- BOARD OF TRUSTEES Richard C. almandv Vb "' lash Mr %elver Memhe • • Ruth A. Muesar agwoer • G'1. ... p2: a [in :, _P Ginn q �..0 n...♦ u. _ 11 { November 8, 1984 Letter of Certification of School District Capacity Within the Chaffey Joint Union Nigh School District attendance boundaries for the following described project: Location /Description: Tract No. 12362 Number of Dwellings: Anticipated Completion Date: SW corner of Baseline and Hellman Rancho 88 apartments Fall of 1985 The school district hereby certifies that the capacity for 13 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 G. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school building projects 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 such commitment. cc: Planning Division City of Rancho Cucamonga Supewdpten9en5 /Asst. Superintenaent by Dianne Allen ,DI ,' .3 n u REIMBURSEMENT AGREEMENT FOR PLANNED DRAINAGE FACILITY CONSTRUCTION THIS AGREEMENT, made and entered into this day of - 1983 by and between the RAH MD a ores a, a Municipal corporation, hereinafter called 'CITY' and 77A C.— Qau:w,wew ty cceT. hereinafter called 'DEVELOPER", PrOVI WITNESSETH WHEREAS, in the opinion of the CITY it is necessary that planned drainge facilities to be constructed for the proper drainage of DEVELOPER -s developeent described as Tentative Tract 12362; and WHEREAS, the DEVELOPER, at BEVELOPER-s own expense will install the planned drainage facilities here lnafter described; and WHEREAS, the post of Constructing the planned drainage facilities hereinafter described will exceed the planned drainage facilities fee, which will be payable with respect w the develomawt under the provisions of City Ordinance No. 75; and WHEREAS, Section 8 of City Ordinance No. 75 provides: - SECTION 8: Construction by Developer and Relebursenent. Whenever the construction of planned drainage facilities is necessary for the proper drainage of a subdivision, the City May require the subdivider to construct such facilities with credit being given by the City toward any fee payeent required by this Ordinance. If the cost of such construction exceeds tow fee which would otherwise be payable with respect to the subdivision, the City Council May at its discretion , enter into a aM relnburseeent agreent with the DEVELOPER. In the event a reimbursesent agreement is entred into, reimbursement shall be Made only after the fee required by this Ordinance is collected In connection with a subidivision or development on other property In the area encompassed by the rel bursenent boundaries described in the reimbursement agreement. The basis of reimbursA t shall be the DEVELOPER -s actual cost of construction of the planned drainagye facilities. The term of a reimburseeent agreement shall not exceed ton (10) years." NON. THEREFORE, the parties hereto agree as follows: 1. The DEVELOPER will, coo at DEVELOPER'S our expense, furnish all labor, equipment and Material, and pay all costs Incidental to the installation in accordance with plans and specifications approved by the City Engineer of the City, the following planned drainage facilities: System 2H of Rancho CucaNOnga Cowarehensive Store Drain Plan within the boundaries of Tract No. 12362. 2. Installation of said planned drainage facilities shall be completed in conformance with the provisions of the Subdivision Agreement for Tract No. 12362. 3. The City Engineer shall Inspect and test the planned drainage facilities at the expense of the DEVELOPER, and after any deficiency discovered by said Engineer has been corrected by DEVELOPER, City shall accept sold planned drainage facilities for public use. City shall not unduly withhold acceptance of the planned drainage facilities. d. City shalt not be responsible for any loss or dwage to Said planned drainage facilities prior to their acceptance by City. DEVELOPER hereby guarantees and warrants said planned drainage facilities for a period 0 of one (1) year following the cumpleton and acceptance thereof against any defective work or labor done, or defective materials furnished. S. DEVELOPER shall protect, indemnify and save harmless CITY from andagainst any and all claims, demands, and causes of action of any nature whatsoever, any any expense incident to defense by CITY of any such demand or action for injury to or death of persons or loss of or damage to property occurring on DEVELOPER's development, or in any mariner growing out of or connected with DEVELOPER's construction, repair aid maintenance of the planned drainage facilties described herein, or in any manner growing out of or connected with any deficiency in workmanship or material funishea in connection with constrution, maintenance or repair of said planned drainage facilities. 6. CITY hereby agrees that in consideration of DEVELOPER's installation of said planned drainage facilities, CITY will not assess DEVELOPER the fee described in Ordinance No. 75 which fee with respect to DEVELOPER's development would otherwise be the sum of 525,996.95 dollars. 7. CITY hereby agrees that in further consideration of DEVELOPER's installation of said planned drainage facility, CITY will reimburse said DEVELOPER up to the sum of $34,344.00 collected frog Tract No. 12180 upon completion and certification of construction costs. 8. For the mount that the Ktual cost of construction of said planned drainge facilities exceeds the sun specified in paragraphs 6 and 7 hereof, which said excess amount is hereinafter referred to as the "original reimbursement sum" the CITY shall reimburse DEVELOPER, only as when fees are collected under Ordinance No. 75 and only according to the formula hereinafter described. Amounts to be reimbursed to DEVELOPER shall be determined as • foil owe : A. Following completion of construction the DEVELOPER shall submit all cost data to the City Engineer. The City Engineer shall then determine the actual cost of construction, and such determination shall be final. S. Annually, at the and of each fiscal year, the CITY Shall set aside Into a "planned drainage reimbursement fund" twenty -five percent (255) of all fees collected during the fiscal year under the provisions of Ordinance No. 75. C. The DEVELOPER shalt be eligible to share in the planned drainage reimbursement fund commencing with the fiscal year which ends fallowing the date on which said planned drainage facilities are accepted by the CITY. D. If the DEVELOPER is eligible to share In the planned drainage reimbursement fund, than not later than two (2) months after the and of such fiscal year, the CITY shall pay the DEVELOPER, from the mount sat aside in the planned drainage reimbursement fund, a fractional share thereof determined as follows: (1) The numerator shall be the original reimbursement sm for the DEVELOPER and the denominator shall be the total of the original reimbursement sums for all developers who are eligible to share in the planned drainage reimbursement fund for said fiscal year. 9. All of OEVEOPER's right to reimbursement hereunder shall cease as of the end of the fiscal year ending ten (I0) years after the fiscal year In which the DEVELOPER first became eligible for reimbursement hereunder, whether or not fully paid. 10. Nothing in this agreement shall entitle DEVELOPER to • reimbursement of a am In excess to the original reimbursement sm. i J 0 11. Amounts payable to DEVELOPER hereunder shall bear interest at the rate of ten (10) percent per year calculated on the outstanding balance from time disbursed to time received. 12. Payments may be mailed to DEVELOPER at the following address: 13. DEVELOPER may change the mailing address by written notice delivered to the City Clerk. 11. Rights to reimbursement due under this agreement may be assigned after written notice to the CITY by the holder of such rights as shown by the records of the CITY. Such assignment shall be effective only With respect to payments becoming due and payable more than thirty (30) days after receipt by the CITY of written notice of such assignment. CITY shall not be required to divide any payment to be made hereunder. In the event it appears from the records Of the CITY that more than one (1) person holds the right to payment hereunder, the CITY may deliver the full Payment to any one of such persons and such payment shall be deemed payment to all. 15. As used in this agreement, the term "Ordinance No. 75" includes any ordinance amending or modifying Ordinance No. 75 and any ordinance adopted hereafter which covers the same or similar subject matter and is intended to replace Ordinance No. 7S. 16. The CITY reserved the right to at any time increase or decrease • the fees payable under Ordinance No. 75, 17. If the fee established by Ordinance No. 75 is hereafter declared invalid or unenforceable, or collection thereof is otherwise precluded by law, all DEVELOPER's rights to reimbursement hereunder shall Immediately cease and terminate. 18. This agreement shall be interpreted according to the laws of the State of California, This document contains the entire agreement between the parties with respect to the subject matter hereof. This agreement cannot be modified except by an agreement in writing signed by the party against wham the enforcement of any waiver, change, modlfiation or discharge is sought. Subject to any provisions herein to the contrary, this agreement shall in all respects bind, and inure to the benefit of, the heirs, executors, administrators, successors and assigns of each of the parties. IN WITNESS WHEREOF, the parties have executed this agreement at Rancho Cucamonga, California, on the day and year first above written. DEVELOPER ., Te'ry A. Christensen, President CITY OF AAMCNO CUCAMONGA by ATTEST: • City Clerk APPROVED AS TO FORM: AND WHEN RECORDED MAIL TO alrN ON, 00n45 oT n. Lease a; `tl �_�y, `� and Deed 63006 SPACE PROVE THIS LINE FDA RECORDER'S USE --� N M.P. 660-522.22 -L THIS INDENTURE, dated this /7 TA day of /1%Y , 1984, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation, herein celled "Railroad," and the CITY OF RANCHO CUCAMONGA, a municipal corporation of the State of California, mailing address: 9171 Baseline Road, Cucamonga, CA 91730, herein called "Grantee "; NffNESSETH: 1. For and in consideration of the sum of Three Hundred Twenty -five Dollars ( ;325), Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein •contained, an easement within, under, beneath, and across an area of Railroad's property as illustrated an the print of Railroad's Drawing No. A- 13816, Sheet No. 1, dated December 16, 19839 attached and made a part hereof, for the construction, reconstruction maintenance, and operation of a pipeline for the conveying of storm drainage waters in or near its Station of Alta Loma, County of San Bernardino, State of California. • Railroad's property used by Grantee subject to this easement is sometimes hereinafter called "premises." Grantee's pipeline is sometimes hereinafter called "structure." 3A. It is understood and agreed Grantee's structure shall be attached to a storm drainage pipe owned and maintained by the San Bernardino County Flood Control District, a portion thereof being located beneath Railroad's property as indicated on the attached print. Prior to attaching Grantee's structure thereto, Grantee shall obtain the written consent from San Bernardino County Flood Control District therefor. -1- DK58,DC28 e- 2. Project markers in form and size satisfactory to Railroad, identifying the facility and its owner, will be installed and constantly maintained by and at the expense of Grantee • at Railroad property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad without expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. 3. This grant is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use all the property described herein in the performance of its duty as a common carrier, and there is reserved unto Railroad, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain, and use existing and future railroad tracks, facilities and appurtenances and existing and future transportation, communication, and pipeline facilities and appurtenances in, upon, over, under, across, and along said property. 4. This grant is made subject to all licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens, and claims of title which may affect said property and the word "grant," as used herein, shall not be construed as a covenant against the existence of any thereof. 5. The rights herein granted to Grantee shall lapse and become void if the construction of said structure upon said property is not commenced within one (1) year from the date first herein written. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing, and maintaining said structure upon said property. Grantee agrees that all work upon or in • connection with said structure shall be done at such times and in such manner as not to interfere in any way whatsoever with the operations of Railroad. The plans for and the construction or reconstruction of said structure shall be subject to the approval of Railroad. Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor in connection with the construction, reconstruction, maintenance, and removal of said structure, including, but not limited to, the installation and removal of such falsework and other protection beneath or along Railroad's tracks, and the furnishing of such watchmen, flagmen, and inspectors as Railroad deems necessary. 7. In the event Railroad shall at any time so require, Grantee, at Grantee's expense, shaft reconstruct, alter, make changes in the location of said structure, or otherwise improve said structure upon receipt of written notice from Railroad so to do. S. Grantee shall, at its expense, comply with all applicable laws, regulations, rules and orders, regardless of when they become or became effective, including without limitation those relating to health, safety, noise, environmental protection, waste disposal, and water and air quality, and furnish satisfactory evidence of such compliance upon request of Railroad. Should any discharge, leakage, spillage, emission or pollution of any type occur upon or arise from the premises covered hereunder as a result of Grantee's use, presence, operations or exercise of the rights granted hereunder, Grantee shall, at its expense, be obligated to clean all property affected thereby, whether owned or controlled by Railroad, or any third person, to the satisfaction of Railroad (insofar as the property owned or controlled by Railroad is concerned) and any governmental body having jurisdiction in the matter. Railroad may, at its option, clean Railroad's premises; if Railroad elects to do so, Grantee shall pay Railroad • the cost of such cleanup promptly upon the receipt of a bill therefor. Grantee agrees to investigate, release, indemnify and defend Railroad from and against all liability, cost and expense (including, without limitation, any fines, penalties, judgments, litigation costs and FORM C-1 2 - DK28,DC41 j i n L nttorncy fees) incurred by Railroad as a result of Grantee's breach of this section, or as a •result of any such discharge, leakage, spillage, emission or pollution, regardless of whether such liability, cost or expense arises during the time this indenture is in effect or thereafter, unless such liability, cost or expense is proximately caused solely and exclusively by the active negligence of Railroad, its officers, agents or employees. 9. As part consideration, Grantee agrees to pay Railroad an amount equal to any and all assessments which may be levied by order of any authorized lawful body against the property of Railroad (arid which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structure upon said property commenced within one (1) year from the date first herein written. 10. Grantee, its agents and employees, subject to provisions hereof, shall have the privilege of entry on said property for the purpose of constructing, reconstructing, maintaining, and making necessary repairs to said structure. Grantee agrees to give Railroad five (5) days' written notice prior to commencement of any work on said structure, except emergency repairs, in which event Grantee shall notify Railroad's authorized representatives by phone. Grantee agrees to keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If Grantee fails to keep said property and said structure in a good and safe condition, free from waste, then Railroad may perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 11. In the event any work upon or in connection with said structure or its appurtenances, to be done upon or adjacent to the tracks and property of Railroad, should be let to a contractor by Grantee, such work shall trot be begun until such contractor shall have first entered into an agreement with Railroad, satisfactory to Railroad, and indemnifying Railroad •from and against all claims, liability, cost, and expense growing out of the performance of the work to be done by such contractor. 12. Insofar as it lawfully may, Grantee agrees to investigate, release, defend and indemnify Railroad, its officers, employees, agents, successors and assigns, from all claims, liability, cost and expense howsoever same may be caused, including reasonable attorney fees, for loss of or damage to property and for injuries to or death of persons arising out of the construction, reconstruction, maintenance, presence, use or removal of said structure, regard- less of any negligence or alleged negligence, active, passive or otherwise, on the part of Railroad employees. The word "Railroad," as used in this section, shall be construed to include, in addition to Railroad, the successors, assigns, and affiliated companies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing or adjacent to said structure, end the officers and employees thereof. 12. Should Grantee, its successors or assigns, at any time abandon the use of said property, or any part thereof, or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of, the rights hereinabove reserved, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, Grantee, at its own cost and expense, agrees to remove said structure from said property and restore said property .as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee in such event fail, neglect, or refuse to remove said structure and restore said property, such removal and restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand, or Railroad may, at its option, assume ownership of said structure. FORM C-1,P2 - - DH28,DC41 14. In the event all or any portion of the property of Railroad subject to this easement • shall be taken or condemned for public use (including conveyance by deed in lieu of or in settlement of condemnation proceedings), Grantee shall receive compensation only for the taking and damaging of Grantee's structure. Any other compensation or damages arising out of such taking or condemnation awarded to Grantee shall be assigned by Grantee to Railroad. THIS INDENTURE shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. SOUTHERN PACIFIC TRANSPORTATION COMPANY ,%✓ BY ride{' Prc�rles: ; -Lcr.✓ :: 1c: Attest: Assistant Secretary CITY OF RANCHO CUCAMONGA • lick STATE Of CALIFORNIA Carand Cnunlvo/San Francisco I''' On lhrf 2Jr-iL_dav of May___in the year One Thnusandhlne Hundred and Eghfy Foal Mfnre me CgTNERINE G. GCLBRONSON, a hmm, Publrrm ondf., the Cqv and Ca.my.f. Fmnraru, Sraee a /Col fo ma, personally appeared AIM VOVn n.m S. A. Sutfin, Vice President-Real Estate perronally known In me (or prayed In me on the bails n /raft[/ rmry evrdenre/ in he the peon, wha ...ratenine xvhm mArumenf as Prerldenl for le, remrr/ nr nn behalf of the Corporation Minn" named and acknnwled,,d to ,ne Ihe$ fhe Cnrparatmn ere....d II. C:JHERIBE G. CULBRONS04 i c +P ^aL' ^. gp;,�FniY�q I.NB'ITS'E.SS"WEREOF. I have hernmlo r0 my hand and affired my official sral of my • PRRKI'U of r ,s i' since in 4 n / /ire m Mr Ofv and Cnun[v o San Frannuo, the dpv ant! Ixer rn flits ierh aalr Irv. almrr wllben. Y` . ' - ) 'L Corporation � r fe�� Q� rxa rAti N.my Public ib and for she City and Cowry S1m Francisco. Aare of Cdirornis. My Commission Expires November 9, 1961 J Z 7 Jo yn RESOLUTION N0. El+2i 63R S' :/ - • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING REIMBURSEMENT AGREEMENT, RAILROAD INDENTURE AND FINAL MAP OF TRACT NO. 12362 WHEREAS, the Tentative Map of Tract No. 12362, consisting of 22 lots, submitted by T.A.C. Development, Subdivider, located at the Southwest corner of Base Line Road and Hellman Avenue 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 is required to install a City Master Planned Storm Drain thru said tract previously bonded for by a parcel map and now has prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Reimbursement Agreement submitted herewith for approval and execution by said City, and submits for approval said Final Map offering for dedication for public use the streets and storm drains delineated thereon. WHEREAS, to meet the requirements of the Southern Pacific Railroad Company for the storm drain construction a railroad indenture was prepared and submitted to the City by said rail company. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: • 1. That said Reimbursement 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 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. 3 3. That the Southern Pacific Railroad Company railroad indenture 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. PASSED, APPROVED, and ADOPTED this 21st day of November, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa Jon D. Mikels, Mayor �.3 • • n u u 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 21, 1984 1917; TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer SUBJECT: Approval of Final Tract Map No. 12490 and Improvement Agreement with Bonds The attached resolution is for approving the final map of Tract No. 12490 being a division of 6 acres into 6 lots for 121 condominun units. The subdivision is located on the east side of Vineyard Avenue south of Foothill Blvd. The Planning Commission approved the subdivision on January 25, 1984, The Improvement Agreement is for the guarantee to construct certain street improvements is submitted by American National Group and the Bonds are as follows: Faithful Performance Bond $23,100.00 Labor & Material Bond 11,550.00 RECOMMENDATION It is recommended that Council adopt the attached resolution approving the Final Map and the attached Improvement Agreement & Security authorizing the Mayor & City Clerk to sign same on behalf of the City. LBH : Jf41: ko Attachments ay • I �II i i 1 a S.eef zLYZs eels TRACT N° 12490 IN THE CITY OF RANCHO CUCAMONGA. COUNTY OF SAN BERNAROINQ STATE OF CALIF. •. C tPV�Ler> 1rt 09.1 * L.1 10. U.111. aY WT le w ]o ew v�NeY.YD T•wG1. �N L!e i:p.lur I tu. was . N. .4 /lnp:wwr l!C[IwDID •N fC1pR L C! M.r I•l. ryp! na IIICAq a/ yp 4unal. lYCt/f14! Milt /M Mf NRfY ife tl M/111p/ FOR CONDOMINIUM PURPOSES ' • .wwr stnynlw.futit�nn .rw�l. nsf �NI f�V 11M. I 5cue r.YO I..iu I Irk W.N•Irt� Vd � � 9 j ♦41NMN -- f114Lr 1laMlY IGf IN]f �� • LYff IIR *iipfWi Mu. tl n A Li J'Y, . W(i4 Gn1fL w! •.O. aV 4rVIN [. C4 Ia•n +'IaM MM1euYM . 7 - e• lY� «p ��.... a..,N9N1p of cfrt.raYV wnaYY nlu ew cln (qnN Wwwlw MYrnl ' • •� t ARMY IYM wM.NY M TSnL.a i .MY n«ll. Ir MW{ WIN wML �NI f�V 11M. I . I..iu I Q W.N•Irt� Vd � � 9 j ♦41NMN -- f114Lr 1laMlY IGf IN]f �� • LYff IIR *iipfWi Mu. tl n A Li J'Y, . W(i4 Gn1fL w! t 11.NI f. 7 - e• '� ! � ,\ cfrt.raYV wnaYY nlu ew cln (qnN Wwwlw MYrnl ' �n��1 YII uYw WaNlf tllA t ARMY IYM wM.NY M I :0 f6�l, ip/ � MW{ WIN wML .�.arw r.nN.0 • � � rYw minn wwfy. fgtmwtuer«wrY:lY a a -'Y- L _ f 'O .YynYf .i •mi�••mmfn w.lRnl alWR i � •4Si �.� i apµttw . s 1 bfa aL. N « j ♦41NMN -- f114Lr 1laMlY IGf IN]f �� • LYff IIR *iipfWi Mu. tl n A Li J'Y, . W(i4 Gn1fL w! N fllirnl MnHN! N IV:nq \(1{irinnf 11.NI f. 7 - e• '� ! � ,\ cfrt.raYV wnaYY nlu ew cln (qnN Wwwlw MYrnl ' �n��1 YII uYw WaNlf tllA t ARMY IYM wM.NY M I :0 f6�l, ip/ � MW{ WIN wML i 44 z y, .N N. ._ VI :• \ ,gg 0 ?� i �.I) L �j 1.3 a 4u tlY a•RDA ne:•, A V INUe �� Y � � rwY OL L]wlw _..• I .N aO'RAtl(M k'M 4Y ' •ps:YL:uroMa f « j ♦41NMN -- f114Lr 1laMlY IGf IN]f �� • LYff IIR *iipfWi Mu. tl n A Li J'Y, . W(i4 Gn1fL w! N fllirnl MnHN! N IV:nq \(1{irinnf 11.NI f. 7 - e• '� ! � ,\ cfrt.raYV wnaYY nlu ew cln (qnN Wwwlw MYrnl ' �n��1 YII uYw WaNlf tllA t ARMY IYM wM.NY M I :0 f6�l, ip/ � MW{ WIN wML .�.arw r.nN.0 • � � rYw minn wwfy. fgtmwtuer«wrY:lY Z i .YynYf ].ILMfLI �.I) L �j 1.3 a 4u tlY a•RDA ne:•, A V INUe �� Y � � rwY OL L]wlw _..• I .N aO'RAtl(M k'M 4Y ' •ps:YL:uroMa roraNlmwl \ No 11�11•e, IN 15' /• ♦41NMN -- f114Lr 1laMlY IGf IN]f �� • LYff IIR *iipfWi Mu. tl n A Li J'Y, . W(i4 Gn1fL w! N fllirnl MnHN! N IV:nq \(1{irinnf e1LLLN0:r if nI�NN �YM•tlI IIIIe. • gWlL41'MIMYYMf ! wMl{IWwM1YgfR• :fA:le1YY MMY NL ' �n��1 �j 114 LL ij rc jr � `� �� s ) �57 Fee !I ii! I rutilevard /Ran cho Cuccrnonga, California / (714) 989 -8531 917;0 ADMINISTRATION Frank A. Costa, Jr., E[i.D Orlin Supvrinterevnt John A..McClar/ Thomas V/. Ga rne!la, Ed.[). A <sis[ant Svpvnner.C.n :. S.3meB Sept([ ' September 16, 1984 Date LGTjZR OF CER171FICATIO3 FOR SCHOOL DISTRICT CAPACITY Within Central School. District and Central School District attendance boundaries f ur the fol.loxinf! described project: Do -,-a l oper AMERICAN NATIONAL GROUP Location. /Descriptio, Tract No. 12490 (tentative) Mulberry Hill South of Foothill - East of Vineyard \utrber of D•a:i li..g Cnits Ono hundred twenty -one Multi -Units Anticipated Ccr..pletic❑ nett, February 28, 1985 • Gentie -on: The Co:.tral School Di.acct herehg certifies that it Bill provide ca T,ci-;: f :- �r -i studeal:s in grades i:-3 living in housing, urn is Co he co::, Crac Teri i c.L•e elute r ±siLvn ti al icvcio c. This certificati-, is given e:1 the toad l,'_ : P,;a. 1) .. :cio- . •:' ._ .rict have esec_ _ � t:-.e "Agraeoert fn: Pchlic .. Sc:. oo'. .',c ii_. i. steblishing Fees `or Snch :'aci litips•' r.t; dreei;.pev cc :iti : :cei to co :a-�, .. ::i.;.!i the terns and Cend'.tionS of tC,, The ct. =itr:r -t sf :his _ 'e- Shell e::pire one hunired And e4,ht7 (IS,,) - the ,late of this 22.11 on �_ 12:01 a.0, March 17 1985 .. •.. Thin is rf Cc rt if L -c for School 3c D-strict Capecit.: _hall c�nassi• Aral ±1!�,. <s i,,..,_a..t. ... _ed fro. .d. of th= ! : pn :: -its Ss Ci:^ of 'aR ^ho Cccz : "•. :c .. •�1;' , -. e.'UJlI ::1.'!il Pa.1. —te such CGtiCl t'enCF tJ thla deSC :Cher. tmlk A. Cvsca, jr. Su Jeri^ :enee:st g; ]/S4 . :. ►nmia 1, %V,Nhl CAM SOAR0 OF TRUSFUS Richard C. Aheandn M"k-. i / lack McKAhey Atemaa• Ruth A. Men�Rl�'" ofmtr. J& sdisi�l F7-7 J >JIA UNION HIGH SN�l/i • ; 'O+ }II VEST FIFTX STREET, ONTARIO, CAMFOAN4 fl }F} off nr ••v ^.:+vf erf'.f_�t 5Y G, u N [oV[a irO Y.a it nv K<t [[NirR^if ' I111� FONI+40[i.+v4,Eti f:e4r' � u.♦ J'.41 :.PP n1. ';':E n.l iry E�; i, 4f 1[t0 �: tV4 \P. [f �P( F.N+<'. i�l\. !. +a ... it i.: -a�r55 C .. \ \F:�fff [ ♦!S . •..:,£v Sept -nber 17, 1984 ry .1::.. Letter of Certification of School District Capacity Within the Chaffer Joint Union High School District attendance boundaries for the follo:vrng aescrroea project: Location /Description: Tract Flo. 12490 Ranch^ Cucamonca, CA f o: Number of Dwellings: 121 condominiums 16 t1-3 bedxo:c Anticipated Completion Date: un::rown • The school district hereby certifies that the capacity for 10 students will be provided within 24 months of the completion o� the 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 building projects under its current rules and regulations without priority points. The co,mitrent 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 such commitment. 1e i�+p+tel%WwYAsst. Superintendent b'; O'ianne Allcn cc: Plannicg Civisimi City of Rancho Cucaro nga 405 Sou;:; 3eve rl 3evc,1' Hills, CA 90217 11 City of .Rancho Cucamonga ' Planning Denartment P. O. Box 807 Rancho Cucamonga, California 91720 Re: Availability of dater and Server Service for Tract No. 12490 Gentlemen: The above mentioned property can receive water service from this District, subject to pipeline extension policies, rules, recula- • tions and rate ordinances of this District. Adecuate sacerlina and water storage capacity exists and ::ill exist to serve tho above re:arenced property at the time of occupancy. The sewer system capacity and the sewer treatment plant capacity will be su[_icient to serve the above mentioned property at the time of occupanc %. Yours truly, CCCdJ:0::G.9 COUNT" : ;AT:, ^, DISTRICT 2,"v'--C C S Russel C. Silva Engineering Aide III = bf cc; Amcrica;r `rational Group �, j a r RC JE FT NELFE.] CUCAMONGA COUNTY WATER DISTRICT LLOYD %V. MICHAEL BEVERLY E. aRiD.-'.V VICTOR A. CMERBA K, JR., Pa.A.., LN ARLES A WEST July 2, 1994 City of .Rancho Cucamonga ' Planning Denartment P. O. Box 807 Rancho Cucamonga, California 91720 Re: Availability of dater and Server Service for Tract No. 12490 Gentlemen: The above mentioned property can receive water service from this District, subject to pipeline extension policies, rules, recula- • tions and rate ordinances of this District. Adecuate sacerlina and water storage capacity exists and ::ill exist to serve tho above re:arenced property at the time of occupancy. The sewer system capacity and the sewer treatment plant capacity will be su[_icient to serve the above mentioned property at the time of occupanc %. Yours truly, CCCdJ:0::G.9 COUNT" : ;AT:, ^, DISTRICT 2,"v'--C C S Russel C. Silva Engineering Aide III = bf cc; Amcrica;r `rational Group �, j a CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR Tract 1 ;490 KMO'A ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a municipal cmrooration, by and between said City, hereinafter referred tp„as the City, nd Gvi�? _hearlinT e= rererrc^ t„ as :r`.c Deveioper- kITIESSETH: THAT, WHEREAS, said Developer desires to develop certain real property in said C'ty As shown on the conditionally approved Subdivision known as Tract 12490 ; and WHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to aUUprmval of said subdivision generally located at 91 6] Vineyard itvenue ROW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Oeveloper's expense all improvements described On Page 6 here- of within twelve months from the effective date hereof. 2, This agreement shall be effective on the date of the resolution of the Council of said City approving this agreement. Thit agreement shall be in default an the day follow- ing the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed. 3. The Developer may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction Standards, cost estimate, and improvement security, and to require adjustments therein if any Substantial change has occurred during the term hereof. 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful means, and thereupon recover from the Developer and /or his surety the full cost and expense incurred. 5. The Developer shall provide metered water service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. 6. The Developer Shall he responsible for replacement, relocation, or removal of any component of any irrigation water system in conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water system, -1- /�� Tracts and Camnlind. P.M.3 0 7. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvement Plan approved by and on file in the office of the City Engineer. Said Improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be resoonsible for construc- tion of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. Errors or ommissions discovered during constructin shall be corrected upon the direction of the City Engineer. Revised work due :a saiA Piu: moll be revxrna by tre previsions of this agreement and secured by the survty covering the original planned works. 8. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures. control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. failure to comply with this section shall be subject to the penalties provided therefor. 9. The Developer shall be responsible for removal of alt loose rocks and other debris from public rights-of -way within or adjoining said development resulting from work relative to said development. 10. work done within existing streets shall be diligently pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay In • completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedica- tion of the streets and easements In said subidivision, up to the completion and acceptance of said work or Improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all improvements, herein incorporated on Page 6 , to be performed, each of said streets not accepted as. improvements shall be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, issued by the City Engineer, whenever It is necessary to protect the public during the construction of the improvements herein agreed to be made. lt. Parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting she 11 be done as provided by Ordinance in accordance with the planting diagram approved by the City Community Development Director. The Developer shall be responsible for maintaining all trees planted In good health until the end of the guaranteed maintenance period, or for one year after planting, whichever is later. 13. The Developer Is responsible for neeting all condi- tions established by the City pursuant to the Subdivision _p. • ?7 * 0 Map Act, City Ordiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder until the improvement is accepted for maintenance by the City, and no Improvement security provided hereihwith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a ne'i agreement together with the required improvement security has been submitted to the City by a cbccosac^ to the h2rein -amcd, by wsolution of the City Council same ilas been an.cel"1041 �Va rd th i< agreement end the improvement security therefor has been released. 15. The impr oaem ent security to be furnished by the Developer with this agreement shall .,onsist of the following and shall be in a form acceptable by the City Attorney: A. To secure faithful performance of this agreement. 1. A bond or bonds by one or more duly au th or ixed corporate sureties in the form and content specified by Government Code Section 66499.1. 2, An Improvement Security Instrument in the form and content specified by the City Attorney. 3. A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public monies. B. To secure laborers and materialmen: 1. A bond or bonds by one or more duly authorized corporate sureties in the form and Content specified by Government Code Section 66499.1, • 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 3. A deposit with City of money or negotiable bands of the kind approved for securing C. A cash deposit 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 boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified by the engineer or surveyor as acceptable payment in full; or, if no value is submitted, the cash bond shall be as shown. on the Construction and Bond Estimate contained herein. Said Cash deposit may be refunded as soon as proce- dure permits after receipt by the City of the centerline tie notes and written assurance of • payment in full from the engineer or surveyor. 0. The required bonds and the principal amounts thereof are set forth on page 6 of this agreement. 16. The Developer warrants that the improvements described in this agreement shall be free from defects in materials and workmanship. Any and all portions of the improve. ments found to be defective within one (1) year following the data on which the improvements are accepted by the City shall be repaired or replaced by Developer free of all charges to the City. The Developer Shall furnish a maintenance guarantee security in a sum equal to ten percent (10%) of the construction -3. i estimate Or $200.00, whichever is greater, to secure the faithful performance of Developer's obligations as described in this para- graph. The maintenance guarantee security shall also secure the faithf0l performance by the Developer of any obligation of the Developer to do specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise authorized by the Subdivision Nap Act and any applicable City Ordinance, 17. That the Developer shall take put and maintain such public liability and property da.,age insurance as shall protect him and any contractor or fubcor.craCtur performing work covered by this agreement from claims for property damages which may arise because Of the ma-ure of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public liability and property damage insurance shall list the City as additonal insured and directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his subcontractors, and all Insurance policies issued hereunder shall so state. The minimum amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily injury Or death liability limits of not less tha 5300,000 for each person and 51,000,000 f r eac accident or occurrence, and property damage liabil- ity limits of not less than $100,000 for each acci- dent or occurrence with an aggregate limit of 5250,000 for claims which may arise from the opera - tipms Of the Developer in the performance of the work herein provided. S. Automobile liability insurance covering all vehicles used In the performance of this agreement providing bodily injury liability limits of not less than $200,000 for each person and 5300,000 for each accident or occurrence, and property damage liability limits of not less than S50,000 for each accident or Occurrence, with an aggregate of not less than 1100,000 which may arise from the opera- tions of the Developer or his Contractor in performing the work provided for herein. 18, That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction In coverage of any policy evidences by such certificate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the insurance carrier. As evidence of understanding the provisions contained herein, and Of intent to Comply with same, the Subdivider has submitted the following described improvement security, and has affixed his signature hereto: - 0 FAITHFUL PERFORMANCE Type: Principal Amount: $23,100 Name and address of surety: uevelepers insurance MATERIAL AND LABOR PAYMENT Type: Principal Amount: $11,550 Name and address of surety: CASH DEPOSIT MUNUMENTATIOR Type: Principal Auount: 5 11500 Name and address of surety: MAINTENANCE GUARANTEE Type: Principal Amount: NIA Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents t be duly executed and acknowledged with all formalities required by law on the dates set forth opposite their • signatures, Date /0'B t3V by l.(.LL/.:�C�JL 4A-4 1" t ,Developer Signature _dr7ll —! /C .YAiICNI+� G.21: d AiALTN'/i rJPy N / /LE PrS /O mss" Date by ,Developer Signature Printed Accepted: City of Rancho Cucamonga, California A Municipal Corporation By: Mayor Attest: City Clerk Approved; DEVELOPER'S SIGNATURE MUST BE NOTARIZED -5- l �! i CITY OF RANCHO CUCAHONGA ENGINEERING DIVISION ENCROACHMENT PERMIT FEE SLNEUIII.E For laRlroYeeent: VINEYARD AVENUE AT TRACT 40. 12490 NOTE: Does net include current fee for writing permit or pavement deposits QUANTITY UNIT ITEM PRICE AMOUNT L.F. P.C.C. curb - 12" C.F. 24' gutter 7.25 341 L.F. P.C.C. curb - 8" C.F. 24" gutter 6.00 2946 TA- L.F. P.C.C. curb only 5,50 219 L.F. A.C. be._ 4.50 - -1� S.F. 4' P.C.C. Sidewalk 1.75 3195 S.F. Drive approach 2.50 !355 S.F. 8" P.C.L. cross gutter (inc, curc) 3.40 -i'T- C.Y. Street excavation 1.50 150 C.Y. Imported embankment 1.50 -�- S.F. Preparation of subBrade 0.15 160 S.F. Crushed agg. base (per inch thick) 0.03 -_ TON A.C. (aver 1300 tons) 27.00 TON A.C. (900 to 1300 tons) 35.00 TON A.C. (500 to 900 tons) 45.00 TON A,L. (under 500 tons) 60.00 1- S.F. A.C. (3" thick) 0,55 -- S.F. Patch A.L. (trench) 1.75 _T78'ZU- S.F. 1" thick A.C. overlay 0.30 -Tu-'r- EA. Adjust sewer manhole to grade 250.00 - EA. Adjust sewer clean out to grade 150.00 _r EA. Adjust water valves to grade 75.00 EA. Street lights 1000,00 L.F. Barricades (i ntersec. 5500 min) 1.0 L.F. 2 x 4" redwood header 1.75 S.F. Removal of A,C. pavement 0,35 ` L.F. Removal of P.C.C. curb 3.30 n1n L.F. Removal of A.C. berm 1.DO _ 1 EA. Street Signs 200,00 "1 EA. Reflectors and posts 35.00 _ L.F. Concrete block wall 25.00 S.F. Retaining wall 20.00 80 TON Aggregate base 7.00 sA L.Y. Concrete structures 425.00 L.F. 18" RCP (2000 D) 29.00 _ �- L.F. 24" RCP (1500 0) 35.00 ' L.F. 36" RCP (2000 0) 49.00 -� L.F. 48' RCP (1200 0) 76.00 ' EA. Catch basin N • 4' 2000.00 -- EA. Catch basin N 81 2900.00 EA. Catch basin N • 22' 4500.00 EA. Local depression 4' 500.00 ` EA. Local depression 12' 1000.00 ` EA. Junction structure 5000.00 EA. Outlet structure, Std #506 1500.00 EA. Outlet structure, Std f507 500.00 0 ` EA. Guard posts 40.00 ' L,F. Guard penal (wood) 25.00 -4TT L.F. Sawcut 2.00 B10 EA. Headwall (48" wing) 4000.00 L.F. Redwood header 1.75 _- S.F. Landscaping 6 irrigation 2.75 L.F. Roll curb (P.C.C.) 7.50 ENGINEERING INSPECTION FEE $1.155 SUB TOTAL 19 -50 -RESTORATION/DELINEATION CASH 1.000 CONTINGENCY COSTS DEPOSIT (REFUNDABLE) FAITHFUL PERFORMANCE BOND (100 %) 23800 MONUMENTATION SURETY (CASH) 11507 LABOR AND MATERIAL BONO (50 %) 11550 -Pursuant to City of Rancho Cucamonga Municipal Code, Title 1, Chapter 1.08• adopting San Bernardino County Code Titles, Chapters 1 -5, A Cash restoration /deli nation deposit shall be made prior to issuance of an Engineering Construction Permit. rmlee Revised 3184 Bond: 9004505 • Tremaum: $310.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the Citv of Rancho Cucamonga, State Of California, and AMERICAN NATIONAL GROUP (hereinafter designated ii " pr,ncipal" aVe7 entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which . said agreement, dated lg fJV 198,/ , and identified as err ct za9 _ here% r t> and r .. :4 made a pe!'t 91 r eaf and WHEREAS, said principal is required under tine terms of said_ agreement to furnish a bond for the faithful performance of said agreement. NON, THEREFORE, we the principal and DECELCPERS ISSUP-;NCE COMPANY as surety, are held and firmly bound into the City of 3ancna Cucamonga (hereinafter called "City "), in the penal sum of Twenty Three Thousan 'J d One Hu dried Dollars Dollars dw money d the united ates, `or the payment Of wn I ph sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this pill l Ration is such that if the above bounded principal, his Or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, • and well and truly 'keep and perfcr -i the covenants. conditions and provisions in the said agreement and any alteration the—or -ad- as therein provided, an his cr their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to the:^ true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shelf became null and void; otherwise, it shall be and remain in full force and effect. As a part of the Obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enfovcing such Oil igatior, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the speci- fications accompanying the same shall in anywise affect its obligations an this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work Or to the specifications. IN NI71ES5 WHEREOF, this instrument has been duly executed by the principal and surety above named, 198. J�A1F,Pi(wfn/ /Li/I iiaWRt c'izJ ✓J deY Dove Doer � , u=t• 3 Cns e STEPNEY A. SPAGNOG. PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED a LABOR AND MATERIALMEN BONO Oond :9os;ios Preis rsm :Includ� WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and AMERICAN NATIONAL GROUP (herein a`ter designated as "pr,oCipa'T"I —i ave en: ere: iota an agreement whereby principal agrees to install and ccmp7ete certain designated pubs is inprovenents, which said agreement, dated // - A ' 198 r/ , and identified as proleCt Trace 12:99 is hereby rerred to and ^ade a part here; and WHEREAS, under the terms of said agreement, princioal is required before entering upon the performance of the work, to file a Sind and sufficient payment bond with the f ' Rancho G.,camsngd to secure the claim; to which re `erence sr `.ade in Title 15 (commencing with Section 3082) of Part a of Division 3 or the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned at corporate surety, are held firmly bound into the ;icy of Rancho Cucamonga and alt contractors, subcontractors, Lbore-s, materia7men and other persons employed in the perfer *,ante of :ne aforesaid agreement and referred to in the a`cresald Code of Civil Procedure in the sum of Eleven Thousand F, 'a Hcndt =_d F_fty Dollars (S 11,550 ), for materta s furnished or .soar [nerxon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amdVnt hereinabove Set fcrth, and 17 s0 in tae salt is brought upon this bond will pay in •^ ^itio. - ace amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligatioh, to be awarded and fixed by the court, and t, be taxed as costs and to be Included in the judgment therein rendered. It is hereby expressly Stipulated and agreed tnat this bon: shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title li (cclhencinc with Section 3082) of Part 4 of Oivison 3 of the Civil :ode, So as to give a right of action to then or their assigns in any su''t brought upon this bond. Should the condition of this bond be fully perfer *ad, the, this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no chance, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall x:y manner affect its obligations on this bond, and It does here^ by waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and Surety above named, an October 9 1988,_. (Developer. / V v L t I QiSe D:'N' Gull'. • DEVELOPERS INS' .'CC OCMPANY (our 'AYE A •STEPHEN E,l' A A. SPASiNOLC PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED M R L-A SUBDIVISION GUARANTEE NO PERFORMANCE (SETTING OF FINAL MONUMENTS) City Council City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Gentlemen: F;rsuert tp Chapter 4, Article 9, Section 564 =7 if tbd C:d^_, the Undersigned hereby agrees :het all mon'um °pt: shown On the final map of Tract 12490 are to be set and furnished by the subdivider 's engineer or surveyor on or before October 1, 1986 , as specified in the Engineer's qr urveydr-s ertl lcate ana agrees to furnish the notes thereon to complete all engineering requirements specified in Section 66497, of the Government Code. The undersigned hands you herewith the sum of S 1 500.00 aS a cash deposit, said deposit to guarantee that t e monuments will be set and the notes furnished as above provided on or before the date specified and that the engineer or surveyor will be paid by the undersigned. It is further understood and agreed that in the event the undersigned fails to complete the above requirements within the time specified, the City of Rancho Cucamonga is authorized to complete said requirements or cause them to be completed and the cost thereof is to be a charge against said cash deposit, and the . City of Rancho Cucamonga is authorized to make the necessary transfer from said cash deposit to the credit for the proper city fund. It is further agreed that if the undersigned does not present evidence to the City Council that he has paid the engineer or surveyor for the setting of the final monuments, and if the engineer or surveyor gives the notices prescribed in Section 66497 of the Government Code, the City Shall pay to said engineer or surveyor, the cash deposit herein made. If the cost of completing said requirements exceeds the amount of the cash deposit, the undersigned agrees to pay the difference within thirty (30) days after receiving written statement from the City of Rancho Cucamonga specifying the amount of the difference between the cash deposit and the actual cost Of said requirements. Cordially, 1A§5e,eet,v subdivider y{A5 $r Z&pi✓L4L— � Address Date //', f.e� e44 The deoosi ter of record (for return of any portion of the cash deposit) shall be /1 't /..) A /IC,e ss NATin,vA�CaG.�✓ Ildme � r e J �ss NOTE: TO BE SUBMITTED FULLf FILLED OUT AND SIGNED n U RESOLUTION NO. fk1 7-tt7M P w — z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12490 WHEREAS, the Tentative Map of Tract No. 12490, consisting of 6 lots, submitted by American National, Subdivider, located on the east side of Vineyard Avenue, south of Foothill Blvd., 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 for 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. PASSED, APPROVED, and ADOPTED this 21st day of November, 1984. AYES: NOES: ABSENT: ATTEST: • Beverly A. Authelet, City Clerk jaa Jon D. Mikels, Mayor r-� U • L J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 21, 1984 TO: City Council and .City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineer Technician c`c^ o ' r _J � I= z li> 1977 SUBJECT: Approval of Parcel Map 8011 located on the south side of Bella Vista, west of Carnelian Street submitted by Brimar Development Company. Parcel Map 8011 submitted by Brimar Development Company was approved by Planning Commission on July 27, 1983 for the division of 1.02 acres of land into 2 parcels within the Very Low (2du /ac) Development District. A Real Property Improvement Contract and Lien Agreement has previously been accepted by the City Council guaranteeing the future construction of Bella Vista Drive. RECOMMENDATION It is recommended that City Council approve the attached resolution approving Parcel Map 8011 and direct the City Engineer to have said Parcel Map recorded with the County Recorder. Respectfully spbmitted, LBVK:ko Attachments yL) TENTATIVE PARCEL MAP NO. 0011 1 I 'IN THE cry OF RANCHO CUCAMONGA" I BEING A CIVIL -104 OF A PORTION OF LOT 9, BLOCK 17, CUCAMONCA HOMESTEAD ASSOCIATION AS PER MAP RECORDED IN BOOK B OF MAPS. PAGE 49. RECORDS CF SAN BERNARDINO COUNTY, STATE OF CALIFOPNIA. J I 1 LWVILLE' SANDERSON B SSOCIATES I III 1115101#1114 ' I,� .. ,4,�.. � •,. —:�-— ,� is , ",. lit / / 1 F... Ma IYeIGeM bl w u�ms YRf?/O b/vM ��,iryr.6 MI t f..wr. 6Knr ANw O A 4fr.�.tv,6 �p eawP rd xY - well t 4L�.P�Y I -� RESOLUTION NO. °gin • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8011 (TENTATIVE PARCEL MAP NO. 8011) WHEREAS, Tentative Parcel Map Number 8011, submitted by Brimar Development Company and consisting of 2 parcels, located on the South side of Bella Vista, West of Carnelian Street, being a division of a portion of Lot 9, Block 17, Cucamonga Homestead Association, as per map recorded in Book 6 of Maps, Page 46, Records of San Bernardino County, State of California was approved by the * of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 8011 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, California, that said Parcel Map Number 8011 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 21st day of November, 1984 • AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa n U Jon D. Mike s, Mayor Y %— 0 • • nrmv nu+ n w wrnvn nrrn w wrnnrn Parcel Map 8587 submitted by James Previti was approved by Planning Commission on September 26, 1984 for the division of 1.04 acres of land in the Very Low (2du /ac) Development District located on the southeast corner of Mayberry Avenue and Rancho Street. RECOMMENDATION It is recommended that City Council approve the attached resolution approving Parcel Map 8587 and direct the City Engineer to have said Parcel Map recorded with the County Recorder. Ve su fitted, y� Attachments STAFF REPORT�� L,....,.,V A — DATE: November 21, 1984 - ' 1917 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineer Technician SUBJECT: Approval of Parcel Map 8587 located at the southeast corner of Mayberry Avenue and Rancho Street submitted by James Previti. Parcel Map 8587 submitted by James Previti was approved by Planning Commission on September 26, 1984 for the division of 1.04 acres of land in the Very Low (2du /ac) Development District located on the southeast corner of Mayberry Avenue and Rancho Street. RECOMMENDATION It is recommended that City Council approve the attached resolution approving Parcel Map 8587 and direct the City Engineer to have said Parcel Map recorded with the County Recorder. Ve su fitted, y� Attachments t 1- TENTATIVE PARCEL MAP NO. 0507 •M THE OTT OF RANCHO COCAMOIGA' DENG A OVISMN OF PAW-FL 3• AND THE NORTH a DD FEET OF PARCEL 1, DP PARCEL MAP 3514 AS RECORDED W DOCK 36 PAGE A. RECORDS OF SAN BERNARDINO Cq TY, STATE OF CALIFORNIA. LWVELE-SAKKHSDy -¢ ASSOCIATES T C�E,Nine.s- Lmr S,v.�lYOn ' I FAA 2 FAA 1 I •4 NI Wp 0 OWAER- DEVELOPER Fti aru .a1 ur.. n+ IQIIITIES ,wN A..•T, u sPAwF ,XM�r• .�•9Y M Or.• N �./r.I G A•I � NN N lirA� � M d.aw/ ANH �nawwT • r� -- n�rw,rvr.ruNwe�r Yww Nw..rT...... NPIEi - -:- Il..a'Y A.-y _ � I we /wry Amp I ...r' x T I �,• :I I •4 NI Wp 0 OWAER- DEVELOPER Fti aru .a1 ur.. n+ IQIIITIES ,wN A..•T, u sPAwF ,XM�r• .�•9Y M Or.• N �./r.I G A•I � NN N lirA� � M d.aw/ ANH �nawwT • r� -- n�rw,rvr.ruNwe�r Yww Nw..rT...... NPIEi - -:- Il..a'Y A.-y _ � I we /wry Amp I ...r' RESOLUTION NO. Ei - ft -OqR' • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 8587 (TENTATIVE PARCEL MAP NO. 8587) WHEREAS, Tentative Parcel Map Number 8587, submitted by James Previti and consisting of 2 parcels, located on the Southeast corner of Mayberry Avenue and Rancho Street, being a division of Parcel 3, and the North 12.00 feet of Parcel 4 of Parcel Map 3574 as recorded in Book 36, Page 18, Records of San Bernardino County, State of California was approved by the Planning Commission of the City of Rancho Cucamonga; and WHEREAS, Parcel Map Number 8587 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, California, that said Parcel Map Number 8587 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 21st day of November, 1984 • AYES: NOES: ABSENT: ATTEST: Beverly A. Authe et, ity erk jaa • Jon 0. Mike s, ayor ti� • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 21, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician 1977 SUBJECT: Approval of Real Property Improvement Contract and Lien Agreement submitted by Sero Amusement Company and Jafam Corporation in connection with Parcel Map 8345 The attached Real Property Improvement Contract and Lien Agreement submitted by Sero Amusement and Jafam Corporation is to guarantee the future construction of the median island on Haven Avenue in connection with Parcel Map 8345. This Parcel Map is located on the northwest corner of Haven Avenue and Arrow Route. RECOMMENDATION It is recommended that Council accept the Real Property Improvement Contract and Lien Agreement and authorize the Mayor and City Clerk to sign said agreement and direct the City Clerk to record same with the County Recorder. LBHi9K:jaa Attachment sujfmitted, • RECORDING REQUESTED BY: and WHEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P, 0. Box 802 RANCHO CUCAMONGA, CALIFORNIA 91730 SUBORDINATED REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT NOTICE: THIS SUBORDINATED REAL PROPERTY IMPROVEMDENT CONTRACT AND LIEN AGREEMENT CONTAINS A SUBORDINATION CLAUSE WHICH MAY RESULT IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SNBJECT TO AND OF LONER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SE=lT`Y INSTRUMENT THIS AGREEMENT, made and entered into this 29th day of October , 19_1.4 by and between SERO AMUSEMENT COMPANY - JAFAM CORPORATION (hereinafter referred to as "Developer'), and the CITY OF RANCHO CUCAMONGA, • CALIFORNIA, a municipal corporation (hereinafter referred to as "City "), provides as follows: WHEREAS, as a general condition precedent to the recordation of Parcel Map 5345 the City requires the construction of one -half median island including irrigation and landscaping of adjacent to the property to be developed: and WHEREAS, the Developer desires to postpone construction of such improvements until a later date, as determined by the City; and WHEREAS, the City is agreeable to such postponement provided that the Developer enters into this Agreement requiring the Developer to construct said improvements, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may construct said improvements if the Developer fails or neglects to do so and that the City shall have a lien upon the real property hereinafter described as security for the Developer's • performance, and any repayment due City. 1- /13SQR 1010 %]a /d1 NOM, THEREFORE, THE PARTIES AGREE: • 1. The Developer hereby agrees that he will install one -half median island including landscaping and irrigation in accordance and compliance with all applicable ordinances, resolutions, rules and regulations of the City in effect at the time of the installation. Said improvements shall be installed upon and along Haven Avenue, not to exceed beyond the centerline 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. 2. The installation of said improvements will be completed no later than one (1) year following written notice to the Developer from the City to commence installation of the same. Installation of said improvements shall be at no expense to the City. 3. In the event the Developer shall fail or refuse to complete the installation of said improvements in a timely • mannet. City may at any time thereafter, upon giving the Developer written notice of its intention to do so, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from the Developer. Each parcel created by recordation of said map shall be subject to a prorated amount on a per acre basis. 4. To secure the performance by the Developer of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may be expended by City in completing said improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City, in trust, the following described real property situated in the City of Rancho Cucamonga. County of San Bernardino, State of California, to -wit: Parcel Map 8345 as recorded in Book _, Pages _ of • -2- /1553R 10 /26 /eL • Parcel Maps, records of San Bernardino County, State of California. S. This conveyance is in trust for the purposes descc ibed above. 6. Now, therefore, if the Developer shall faithfully perform all of the acts and things to be done under this Agreement, then this conveyance shall be void, otherwise, it shall remain in full force and effect and in all respects shall be considered and treated as a mortgage on the real property and the rights and obligations of the parties with respect thereto shall be governed by the provisions of the Civil Code of the State of California, and any other applicable statute, pertaining to mortgages on real property. 7. This Agreement shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of each of the parties hereto. 10%26/84 /155BA CAW s. To the extent required to give effect of this • Agreement as a mortgage, the term "Developer" shall be 'mortgagor' and the City shall be the "mortgagee" as those terms are used in the Civil Code of the State of California and any other statute pertaining to mortages 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 or to foreclose the mortgage created hereby, then the prevailing party shall be entitled to recover its costs and such reasonable attorneys fees as shall be awarded by the Court. 10. Provided that no unrestricted notice of default or other foreclosure action under the terms of this Agreement than appears of record, upon the written request of the Developer, the City will subordinate the lien of this Agreeement to a subsequent deed of trust executed by Developer covering Parcel Map 9145 or any parcel or parcels thereof to 10%26/84 /155BA CAW secure a construction loan ( "Construction Loan',) made by a • Dank, savings and loan association, insurance company, pension and profit sharing trust or other lender for the purpose of constructing improvements on said property, provided that with respect to such subordination: (i) The total amount of the Construction Loan or appraised value Shall not exceed the cost /of said property, all direct and indirect casts of construction including, but not limited to, all on and off -site improvements; architect's, engineer's, and surveyor's fees; overhead, costs of construction and insurance premiums, interest and loan fees, ground rent, brokerage charges and title and escrow expenses and other fees and expenses normally financed by construction loans and shall not exceed the standard "loan to value ratio" being used by construction lenders at the time of the Construction Loan and the . proceeds of the Construction Loan shall be used only for the payment of said costs and expenses: (ii) The Construction Loan shall not bear interest, exclusive of late charges and penalties or fees payable in event of default, in excess of the then standard rate of interest (including all loan fees) charged by construction lenders in the Los Angeles /Orange /Riverside /San Bernardino county area on similar loans; and (iii) The deed of trust securing the Construction Loan &hall provide that the lender will provide the City with any Notice of Default provided the Developer. NOTICE: THIS SUBORDINATED REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT CONTAINS A SUBORDINATION CLAUSE WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY INSTRUMENT TO OBTAIN A LOAN, A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. • 'a- /13500. 10%16/84 • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY DEVELOPER CITY OF RANCHO CUCAMONGA CALIFORNIA SERO OKP a municipal corporation By f6gN. V e Pr ♦ ent By By� Jon D. Mikels teta y Mayor SAFAM CORPORATION I OY ,, ATTEST: — -' —' OOT , tU., Beverly A. Authelet City Clerk . 10/26/0{ 5-/ -5- /155IR RESOLUTION NO. 414 -2i- -M • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM SERO AMUSEMENT COMPANY ANO JAFAM CORPORATION AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, Parcel Map 8345, located on the northwest corner of Haven Avenue and Arrow Route, submitted by Sero Amusement Company and Jafam Corporation was approved on October 11, 1984; and WHEREAS, Installation of one -half median island including landscaping and irrigation established as prerequisite to recordation of said map has been met by entry into a Real Property Improvement Contract and Lien Agreement. 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 Agreement, 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 21st day of November, 1984. • AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa • Jon D. ke s, Mayor ;; 1 E • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 21, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Release of Bonds d� v 74 A Fi Z S 19,7 Tract 9435 - located on the East side of Haven, North of Victoria DEVELOPER: Crismar Development Corp. P.O. Box 2131 Santa Monica, California 90406 Labor and Material Bond (Road) $58,500.00 Maintenance Guarantee Bond $5,850.00 The required one year maintenance period has been completed and no claims have been filed. It is recommended that Council authorize the release of the Labor and Material Bond in the amount of $58,500 and the Maintenance Guarantee Bond in the amount of $5,850. D.R. 83 -17 - located on the East side of Ramona Avenue, North of Foothill Boulevard Developer: The Barmakian Company 9375 Archibald Aenue, Suite 101 Rancho Cucamonga, CA 91730 Acceptance of: Labor and Material Bond $44,000.00 Release of; Improvement Security Instrument $132,000.00 The developer has requested the release of the Improvement Security Instrument and has provided a Labor and Material Bond instead of holding half of the Improvement Security Instrument for that purpose. It is recommended that Council accept the Labor and Material Bond in the amount of $44,000 and authorize the release of the Improvement Security Instrument in the amount of $132,000. S? • • r�L CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 21, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer N 1977 BY: Richard Cota, Assistant Civil Engineer SUBJECT: Lemon Avenue Road Improvements, Design Services Contract Change Order No. 1 by Wilson- Bryant 6 Associates for $2,330.00. Subsequent to the original award for design services and it's completion thereof to Wilson - Bryant b Associates for Lemon Avenue Reconstruction between Hermosa and Haven Avenues, the Cucamonga County Water District (CCWD) has submitted plans and has scheduled construction for their 30" water transmission line within the limits of Lemon Avenue Reconstruction. In order to avoid any subsequent major trenching of the proposed improvements on Lemon Avenue, it has been arranged to have CCWD install their 30" water main ahead of the City's reconstruction of Lemon Avenue. Additionally, in order to have CCWD pay their share of what would have been trench repair costs if Lemon Avenue were not to be reconstructed; revised plan drawings, contract proposal items and specification call outs are needed to distinguish work and payments debited by CCWD, but constructed as a part of the City's reconstruction project. Minor changes to asphaltic concrete overlay thickness, center line profile and contract proposal items and specifications for the City's purpose, will also be facilitated. The costs for the above Design Services Contract Change Order No. 1 is $2,330.00. This amount exceeds the ten (10 %) percent contingency of $1,033.00 for the original Design Services Contract price of $10,330.00. Contract Change Order No. 1 Original Bid Price $10,330.00 Additional appropriation Requested $ 2 330.00 Total $12:660.00 10% Contingency $ 1,266.00 Not to Exceed $13,926.00 Lemon Avenue Road Improvements November 21, 1984 Page 2 RECONNENDATION The Engineering staff recommends that the City Council approve Design Services Contract Change Order No. 1 Tor design services revisions by Wilson- Bryant & Associates for Lemon Avenue Reconstruction and appropriate additional funding in the amount of $2,330.00. Respectfully submitted, LB :RC /:ko Attachments is • • CITY OF RANCHO CUCAMONGA ENGINEERING SERVICES CONTRACT CHANGE ORDER CONTRACT FOR Order No.: emon Avenue Road Improvements between Hermosa and Haven Avenues Date: Nov. 21, 1984 Acct# 12- 4637 -8076 TO: Wilson- Bryant 6 Associates, 143,Brea Blvd., Brea, CA 92621 Engineer You are hereby requested to comply with the following changes from the agreement for engineering services. DESCRIPTION OF CHANGES DECREASE INCREASE in Contract Price In Contract Price Revision of Construction Plan Sheets, Contract Proposal Items and Specifications TOTAL $2,330.00 $2,330.00 o reflect minor design charges and the additional work and payment to be debited by CWD's installation of a 30" water transmission line within the Lemon Avenue project limits. The amount of the Contract will be (044tAAA00) (Increased) by the sum of: Two Thousand Three Hundred Thirty Dollars and 00 /100 Dollars ($ 2,330.00 - - -r The Contract Total including this and previous Change Orders will be: Twelve Thousand Six Hundred Sixty Dollars and 00 /100 Dollars ($12,66 . The Contract period provided for completion will be (Increased)(00044$00) (00000640) 7 working Days This document will become a supplement to the Contract and all provisions will apply hereto. ✓ // Requested• d k, ' L ! l (' )�- a u bs; City tngineer Date Accepted: cl / Engineer ate 4W pproved: Mayor, City of Rancho Cucamonga Date This information will used as record of any changes to the original eng neer ng agreement dated: February 16, 1984. 0 E CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 21, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Blane W. Frandsen, Senior Civil Engineer SUBJECT: Approve Engineering Services Change Order No. 4 to Mills and Lill Associated Engineers Contract for Assessment District 84 -2 As a result of recent negotiations between the City and the San Bernardino County Flood Control District for the purchase of the Red Hill Basin, additional funds are made available to complete workings at the Alta Loma Basins. The workings will include the construction of the equalizer culverts across Hermosa Avenue and various excavations at the Alta Loma Basins (West Basin) and Basin 3A. With these funds in hand, it is also proposed that the construction project be administered by City forces under permit to the County instead of originally proposed District or County administration. To add the additional construction to the plan package and change the construction proposal to City administration, it is proposed to approve a contract change order to Mills and Lill Associated Engineers for and in the amount of $6,000.00, this will increase their contract total to $205,000.00. RECOMMENDATION It is recommended that City Council approve the Engineering Services Contract Change Order No. 4 to Mills and Lill Associated Engineers Contract in the amount of $6,000.00. Respectfully pbmitted, LBH OWF : j as Attachment -r� CITY OF RANCHO CUCAMONGA ENGINEERING SERVICES CONTRACT CHANGE ORDER ONTRACT FOR rder No.: ILL.TA LOM11 STORM DRAIN PROJECT 84 -2 Date: TO: Mills and Lill Associated Enginers _ ngeineer You are hereby requested to comply with the following changes from the agreement for engineering services. DESCRIPTION OF CHANGES DECREASE INCREASE in Contract Price In Contract Price Addendum No, 4 to Agreement for Engineering Services per attached document SEE ATTACHED 6,000.00 TOTAL $205,000.00 The amount of the Contract will be (0A4eOA$00) (Increased) by the sum of: Six thousand and 00/ 100------------------------------------- - - - - -- Dollars ($6,000,00 �— The Contract Total including this and previous Change Orders will be: Two Hundred Five Thousand and 00/ 100---------------------- - - - - -- Dollars ($205, The Contract period provided for completion will be (IAtPAAAbA)(DAttAAAAA) (Unchanged) 0 Days This document will become a sipplement to the Contract and all provisions will apply hereto. Requested: Hulbbs, City Engineer at Accepted; �>..�'i. / �I gineer ate Opproved: Mayor, City of Rancho Cucamonga ate This information Will used as recor d of any changes to the original eng veer ng agreement dated: Decemoer 2, 1982 0 ADDENDUM NO. 4 TO AGREEMENT FOR ENGINEERING SERVICES By this addendum to "Agreement for Engineering Services ", entered into on the 2nd day of December, 1982 between the CITY OF RANCHO CUCAMONGA, a municipal corpor- ation located to the State of California, County of San Bernar':no, hereinafter referred to as "City- and HILLS AND LILL ASSOCIATED ENGINEERS VC., with office located at 116 East "E" Street, Ontario, California 91764, he nafter referred to as "ENGINEER" has proposed to complete such services as outlined below. City proposes to revise the plans and specifications so that City instead of the Flood Control District will administer the construction contract for the ALTA LOMA STORM DRAIN PROJECT, and to include the new equalizer culvert and Hermosa Avenue improvement as alternative items in the contract. The services proposed to be completed by the ENGINEER are as follows: Item No. Item • 1. Prepare revised final plans as necessary to accomplish the changes set forth above. 2. Prepare revised final specifications as necessary to incorporate the changes set forth above. 1• Recompute construction quantities and prepare a cost estimate based on the revised final plans. 4. Coordinate the revisions with and arrange for approvals by the Flood Control District. To compensate for the increased scope of work, the fee set forth in Article IIA shall be Increased by $6,000 and the new total of the fees set forth to Articles IIA and IIB shall be $205,000. C S-y CITY OF RANCHO CUCAMONGA c CAM( STAFF REPORT J 1977 DATE: November 21, 1984 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: Blane W. Frandsen, Senior Civil Engineer SUBJECT: Widening of the Southern Pacific Railroad Crossing on Archibald Avenue below 19th Street The design firm of L. D. King, Inc. has prepared a design proposal for the subject project. Their proposal was received on November 2, 1984 and included a base fee schedule of $12,300 for the preparation of plans, specifications, initial right -of -way survey and initial Railroad and Public Utilities Commission application preparation. • In anticipation of grant eligibility for Highway Safety Act Funding, an optional fee not -to- exceed $2,500 for processing of applications, meetings and coordination workings is to be added should the project be found grant eligible. Right -of -way will have to be acquired along the east side of Archibald Avenue. Should the current owners be reluctant to proceed with improvements, an optional fee not -to- exceed $5,000 is proposed to prepare land value appraisals and documents needed for condemnation proceedings. The final optional fee proposed is for the performance of assessment engineering to support short form 1911 Improvement Act proceedings for the Right -of -way Acquisition and Street Improvements for that property to the northeast of the Crossing. The not -to- exceed fee for such workings is $2,000. The total not -to- exceed fee for all consultant's workings is $21,800. $9,500 of this fee being for optional workings performed under the authorization and direction of the City Engineer. This project is included in the 1984 -85 Capital Improvement Project list as accepted by City Council in July 1984 (Account No. 22- 4637- 8405). �RG�es.peecctfully submytted, • VLBFi: as Atta&.ment I • AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, made and entered into this of , 198_, between the CITY OF RANCHO CUCAMONGA, a Municipal Corporation, hereinafter referred to as "City" and L. D. King, Inc. hereinafter referred to as "Consultant ". WITNESSETH: WHEREAS, the City desires to prepare designs, construction plans, specifications and cost estimates for the Widening of the Southern Pacific Railroad Crossing and Approaches on Archibald Avenue South of 19th Street hereinafter referred to as "Project "; and WHEREAS, the Consultant has the necessary skills and qualifications and licences required by law to perform the services required under this • Agreement in connection with said Project; and WHEREAS, the City desires to retain the Consultant for services hereinafter described in connection with said Project; and WHEREAS, the City Council at a regular meeting held on the _ day of , 198 , authorized the Mayor and City Clerk to enter into this Agreement. NOW, THEREFORE, it is hereby agreed by and between the parties that: 1. DEFINITIONS. As used in this Agreement, the following definitions shall be applicable: a. Consultant. Consultant shall mean L.D. King, Inc. a California Corporation located at 2151 E. "O" Street, Ste 120A, Ontario, CA 91764. b. City. City shall mean the City of Rancho Cucamonga, a • Municipal Corporation, located at 9320 Base Line Road, Suite C, Rancho Cucamonga, California 91730. -1- c. City Council. City Council shall mean the City Council of . the City of Rancho Cucamonga. d. Services. Services shall mean the services to be performed by the Consultant pursuant to this Agreement. e. Satisfactory. Satisfactory shall mean satisfactory to the City Engineer of the City of Rancho Cucamonga. 2. SCOPE OF SERVICES. Consultant agrees to perform for, and furnish to, the City the services described in Exhibit A, "Scope of Services" attached hereto. 3. TIME FOR PERFORMANCE. The ConsulAnt agrees that it shall delingently and responsibly pursue the performance of the services required of it by this Agreement and that said services shall be completed within 550 calendar days after execution of this Agreement in accordance with the Project Schedule attached hereto as Exhibit 0. • If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4. PAYMENT. Notwithstanding any other provisions of this Agreement, upon satisfactory completion of the services described in the "SCOPE OF SERVICES ", (Exhibit A) the Consultant shall be compensated based upon the actual time spent on the Project at the Consultants standard hourly rates attached hereto as Exhibit C, plus outside services, but shall not exceed a total amount of $21,800.00. •2- - J- • • In the event of authorization, in writing, by the City of changes from the work as indicated in Exhibit A or for other written permission authorizing additional work not contemplated herein, additional compensation shall be allowed for such extra work based upon the Consultant's standard hourly rates (See Exhibit C). The Consultant shall submit invoices which specify the area where work was completed and the associated time for completion to the City for approval. The Consultant agrees to invoice the City for services rendered not more often than once a month. Work performed at the request of the City, outside the limit specified in this Agreement, is to be designated as "Extra Work" on monthly invoices. Work performed in connection with an authorized written change order will be so designated on said invoice. 5. CITY SUPPORT. The City shall provide the following items of • support to the Consultant: a. Provide a staff engineer to work with the Consultant for the purpose of giving advice and to provide coordination within the scope of this Agreement. b. Make available and provide all existing data and information relevant to the proposed Protect. c. Provide all right -of -way negotiations. d. Provide environmental processing. e. Provide traffic index. f. Provide plans and specifications for bidding. g. Prepare and mail final utility notice. 6. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. The City • may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least fifteen (15) days prior to -3- written notice. Upon receipt of said notice, the Consultant shall immediately • cease all work under this Agreement, unless the notice provides otherwise. Within thirty -five (35) days,of service of said notice, the City shall pay to the Consultant all earned and unpaid fees and costs based upon the rates attached hereto as Exhibit C, plus outside services, but the sum so paid shall not exceed a dollar figure which bears the same proportionate relationship to $21,800.00 as the quantity of work completed by the consultant bears to 100% of the work prescribed herein. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. 7. BREACH OF CONTRACT. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have • ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of or in the event of termination, suspension or abandonment of, this Agreement, all original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall became the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. • -4- • 9. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or agents, except as herein set forth. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. 10. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of the • Consultant to comply with this section. 11. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any moneys due hereunder, without the prior written consent of the City. 12. INSURANCE. The Consultant shall maintain general liability and workers compensation insurance coverage effective on the first day of work and in full force throughout the full term of this Agreement. The policy or policies shall be underwritten by insurers admitted to operate in the State of California, on forms no less broad in the scope of coverage than standard forms. Entire limits of liability maintained must be certified but in no event shall limits be less than specified hereinbelow. Any aggregate limitation of liability shall be separate as to the risks arising out of the • subject matter of this proposal. -5- 4 I Coverage Minimum Limit • Workers' Compensation 6 Employer's Liability $100,000.00 Comprehensive General Liability /Comprehensive $500,000.00 Auto Liability Combined single " limit each occurance If requested, the Consultant agrees to deposit with the City, certificates of insurance to satisfy the City that insurance requirements of this Agreement have been complied with, and to keep such insurance in effect and the certificates therefore on deposit with the City during the entire term of this Agreement. 13. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and supersede all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or • provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF RANCHO CUCAMONGA CONSULTANT Jon D. Mike s, Mayor Date: ATTEST: Beverly A. Authelet, City C erk APPROVED AS TO FORJR- /) By Z-4 4 ty Attorney .6- vo L.D. KING, INC. By; Title: hAl Date; /I Date: a;OV i Exhibit "A" November 5, 1984 SCOPE OF SERVICES AND FEE to provide Engineering Services for the Preparation of Construction Plans, Specifications and Engineer's Estimate for the Widening of Southern Pacific Railroad Crossing and Approaches on Archibald Avenue, South of 19th Street Task 1. Survey services to establish: a. centerline control and stationing b. topography from right -of -way to right -of -way c. cross- sections at 50' maximum intervals d. mapping of pavement failures to identify possible removals e. field notes to be delivered to the City for record Task 2. Utility research and coordination per Utility Notification procedure, to include: a. research and obtain file copy of utility maps within the project limits • b. plotting of such facilities in plan view on the construction drawings c. preparing and transmitting plans with utility notices (blank notice forms to be provided by City) to all utilities d. monitoring response to such notices, making recommendations for mitigating conflicts ► J e. attending coordination meetings, if required, regarding adjustments and relocations. Task 3. New pavement structural section and resurfacing requirements to be provided by the City. Task 4. Prepare CEpA Initial Study Parts 1 and 2. Task S. Railroad Crossing. a. prepare and process applications for construction agreement with the Southern Pacific Transportation Company, including the preparation of all exhibits such as plan and profile, right -of -way, etc., for the widening of the existing at -grade crossing on Archibald Avenue Page 1 of 6 November 2, 1984 • b. prepare and process the Notice of Proposed Intention and Request for Authority to Construct as set forth in General Order No. 88 -A with the PUC for the widening of the existing at -grade crossing at Archibald Avenue (City to provide traffic data required for application) c. meetings and coordination to monitor progress of application for agreement to construct with the Southern Pacific Transportation Company and the authority to construct with the PUC for widening of said railroad crossing and effecting design coordination with the Southern Pacific Transportation Company Task 6. Prepare complete construction plans in accordance with City Standard Drawings, including the following. Modification to the existing San Bernardino County Flood Control District drainage facility crossing under the Southern Pacific tracks on the west side of Archibald Avenue is not anticipated. a. Plans and Profiles with: 1. topography between street right -of -way 2. right -of -way limit lines 3. tract and lot lines with numberings • 4. utility location plottings 5. construction limits and instructions 6. existing centerline and tops of curb or edge of pavement 7. proposed centerline and tops of curb or edge of pavement 8. drainage inlet and pipe under the Southern Pacific tracks on the east side of Archibald Avenue 9, removal and reconstruction of approximately 250 LF of curb and gutter of the west side of Archibald Avenue, and widening, 250± LF, on the east side of Archibald Avenue, north of the Southern Pacific tracks b. Cross - section plottings showing existing and proposed improvements to ultimate right -of -way c. Title sheet showing: 1. title (will not be required) 2. vicinity and location mappings and plan sheet indexing 3, utility and drawing legends 4, benchmark and basis of bearings 5. construction quantities 6. standard signature and title blocks Page 2 of 6 • • November 2, 1984 Task 7. Right -of -way engineering. a. Prepare legal description for right -of -way acquisition on Archibald Avenue for Assessor's Parcel No. 202 - 181 -09, owner's address: 7074 Ramona Street Rancho Cucamonga, CA 91701 A preliminary title report will be obtained by the consultant for the property, and recorded documents referenced in the title report will be reviewed and legal description prepared from record data. Task 8. Prepare and maintain design files for transmittal to the City at the completion of the project design. Task 9. Prepare detailed construction quantity and engineer's cost estimate. Task 10. Prepare complete contract specifications using "boiler plate" specifications provided by City, including: a. boiler plate by City • 1. notice inviting bids 2. instruction to bidders 3. contract proposal (by consultant) 4, bidders information 5. agreement 6. bonds and insurance forms 7. general conditions b. special provisions by consultant Task 11. Attend coordination meetings with staff for design review and project coordination. Task 12. Attend preconstruction conference and provide design coordination during construction. Task 13. Highway Safety Act Funds, Federal Section 203. a. Evaluate the probability of successfully obtaining 203 Funding, Highway Safety Act Funding, through meetings and discussions with Caltrans, FHNA and PUC representatives. Page 3 of 6 November 2, 1984 Optional Work if requested by the City Engineer Task 13. Highway Safety Act Funds, Federal Section 203. b. Assist City in the nomination process by preparing application letters, sketches, assembling accident and traffic data, and coordinating meetings and maintaining contacts with the various agency staff. Necessary sketches and accident and traffic data will be available from the work effort required for Task 5, Railroad Crossing. Task 14. Obtain land value appraisal for a portion of Assessor's Parcel No. 202 - 181 -09 for the necessary right -of -way acquisition for the widening of Archibald Avenue. This report will assess the value of the property as -is, value of part taken for right -of -way purposes, and value of the remainder. E The extent of documentation detail required will vary and is directly dependent upon whether or not full condemnation proceedings are required. Task 15. Prepare documentation and perform assessment engineering to support • Short Form 1911 Improvement Act proceedings for right -of -way acquisition and street improvements for Assessor's Parcel No. 202 - 181 -09. Page 4 of 6 n . • • November 5, 1984 COMPENSATION Fees for professional engineering and surveying services for the Scope of Work provided for herein are listed below. Estimated Cost Task 1 $ 950 Task 2 350 Task 3 450 Task 4 350 Task 5a 1,000 Task 5b 1,000 Task Sc 2,000 Task 6 3,000 Task 7 750 • Task 8 Task 9 450 Task 10 1,200 Task 11 750 Task 12 Soo TOTAL $12,300 The actual cost of each task may vary somewhat from that shown above, however, the total not to exceed cost of all tasks Is a maximum cost to the project of $12,300 for professional engineering services. Compensation will be at time and material in conformance with the consultant's rate schedule dated August, 1983, Exhibit "C ". Page 5 of 6 n, November 2, 1984 • Authorization to proceed with each of the following tasks shall be set forth in writing by the City Engineer: Estimated Cost Task 13b $1,500 to $2,500 Task 14 3,500 to 5,000 Task 15 1,200 to 2,000 Compensation for these tasks shall be at time and material in conformance with the consultant's rate schedule dated August, 1983, Exhibit "C ". Page 6 of 6 rl .� r 1 U Exhibit "B" • November 2, 1984 SCHEDULE Tasks 1 thru 11: 3 months except 5b and 5c Tasks 51b and 5c: 12 to 1 Task 12: 2 months Task 13: 1 month Task 136: unknown • Task 14: 1 to 2 months Task 15: 4 to 8 me 1 J I - Page 1 of 1 EXHIBIT "C" L, D. KING, INC. • RATE SCHECL'LE August, 1983 In -house reproduction Cast Printing and Materials Cost + 20" Mileage 308 /mile Page 1 of 1 • Rate (Hour) Principal S 75.00 Project Manager 64.00 Project Engineer 57.00 Survey Coordinator, 57.00 Associate Engineer 48.00 Designer /Calculator 48.00 Senior Drafter 45.00 Assistant Engineer 39.00 Drafter 36.00 Junior Engineer 27.00 Engineering Aide 18.00 Administrative .Assistant 29.00 Secretary /Production Typist 23.00 • 3 -Man Survey Crew 135.00 2 -Man Survey Crew 110.00 Travel Time (when in excess of 3 hrs work time per day) 3 -Man Survey Crew 72.00 2-Man Survey Crew 49.00 In -house reproduction Cast Printing and Materials Cost + 20" Mileage 308 /mile Page 1 of 1 • • • • nrmv IY n L ATnvn 11T1 L Yrnlln VLLL VL' LYNYV LLV VVVAI,LVIYVA STAFF REPORT�'G C FFROM: er 21, 1984 c'i 'c oil x ouncil and City Manager F 1977 B. Hubbs, City Enginee r BY: Monte Prescher, Public Works Engineer SUBJECT: Award of Contract for the Improvement of Hellman Avenue from 6th Street to 656 Feet North, to the Lowest Responsible Bidder On October 17, 1984, City Council authorized Staff to solicit bids for the above project. Bids were received at 10:30 A.M. on November 15, 1984 from four bidders for the construction of the subject project. An engineer's estimate of $82,000 was prepared by Staff. The total bid amounts are as follows: Great Venture Construction $76,415.38 Vat Foth & Sons $77,827.58 Riverside Construction $81,509.60 Elias Construction $86,000.00 A summary of each bid proposal is attached for your review. RECOMMENDATION: It is recommended that City Council award the contract for the subject project to Great Venture Construction as the lowest, qualified bidder on this project for the bid amount of $76,415.38, execute the contract, and authorize the expenditure of funds for full contract amount plus 10% contingency. It is further recommended that this project be funded from Systems Development and /or Gas Tax funds as originally intended. Respectfully submitted, LSH:MP:bc Attachments n _- CITY OF RANCHO CUCAMONGA SUMMARY OF PROPOSALS OPENED PROJECT: Hellman Avenue Reconstruction DATE: November 15, 1984 LOCATION: Hellman Avenue from 6th St. to 656 Feet Mouth, Basin Modification CONTRACT NO. at Hellman 6 Arrow and Misc. Pavements at 6th and Kirkwood Great Venture Val Toth 6 Suns Riverside Coost. Elias Paving k -- ITEMS QUANTITIES BID AMOUNT BID AMOUNT BID AMWNT 810 AMOUNT 1. Traffic Control It p S m L.S. 2,100.00 L.S. 1,000.00 L.S. 5,700.00 L.S. 3,000.00 2. Clearing 6 Grubbing Lump Sum L.S. 1,200.00 L.S. 5,000.00 L.S. 2,000.00 L.S. BUD. 00 3. Remove PCC 6 AC Pvmt. 17754 S.F. .67 11,895.18 .49 8,699.46 .50 8,877.00 .W 10,652.40 4. Roadmay Excavation 30D L.Y. 4.75 1,425.00 29.51 8,853.00 18.70 5,610.00 3.50 1,050.00 S. Temp. Dam 6 Orain Line loop Sum L.S. 7,000.00 L.S. 5,000.W L.S. 6,000.00 L.S. 5,038.80 6. 8• thick /36• W. V Gutter 1980 S.F. 3.00 5,940.00 2.35 4,653.00 3.65 7,277.00 3.50 6,930.00 7. 8• thick PCC Pmt. 616 S.F. 4.50 2,772.00 4.80 2,956.80 4.60 2,833.60 4.00 2,464.00 B. 12• thick A.C. Pvmt. 1126 Tons 33.20 37,383.20 30.32 34,140.32 3Z.00 36,002.00 34.80 39,184.30 9. Adjust Exist. Brace 1 Each 300.00 300.00 250.00 250.00 480.00 480.00 300.00 300.00 10. Adjust Water Valve I Each 100.00 100.00 150.00 150.00 250.00 250.00 225.00 225.00 11. Basin Modification Lump Sao L.S. 6,300.00 L.S. 7,125.00 L.S. 6,500.00 L.S. 16,355.00 TOTALS - $76,415.38 $77,827.58 SB1,509.60 S86.000.00 CITY OF RANCHO CUCAMONGA LJUMp) STAFF REPORT Y GATE: November 21, 1984 1977 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Authorization of Engineering Services and Award of Contract for the Improvement of San Bernardino Road from 975 feet east of Vineyard Avenue to Archibald Avenue and Church Street from Hellman Avenue to Archibald Avenue, to the lowest responsible bidder. On October 17, 1984, City Council authorized Staff to solicit bids for the above project. Bids were received at 10:00 a.m. on November 15, 1984 from one bidder for the construction of the subject project. An engineer's estimate of $371.000.00 was prepared by G.P.S. Consultants S Linville- Sanderson & Associates. The total bid amount is as follows: Riverside Construction $372,890.46 • A summary of the bid proposal is attached for your review. Also, proposals have been received for the materials testing and construction staking of the subject project. L. 0. King, Incorporated of Ontario has submitted a construction staking proposal for the estimated amount of $6,980.00 based on hourly rates. See attached proposal. Pioneer Consultants of Redlands has submitted a materials testing proposal for the estimated amount of $3,300.00 based on hourly and individual test rates. See attached proposal. RECOMENDATION It is recommended that City Council award the contract to Riverside Construction as the lowest, qualified bidder on this project for the bid amount of $372,890.46, execute the contract, and authorize the expenditure of funds for full contract amount plus 10% contingency. continued.... • n7 CITY COUNCIL STAFF REPORT Authorization of Engineering Services November 21, 1984 Page 2 It is also recommended that City Council accept the proposals from L. D. King for the construction staking and from Pioneer for the materials testing of this project and authorize the expenditure of funds for the full amount of the above engineering services. It is further recommended that this project be funded from Systems Development and /or Gas Tax. Respectfully submitted, LSH,.W: ko i Attachments ry • E Ll • CITY OF9„HO CUCAMONGA • SUMMARY OF PROPOSALS OPENED PROJECT: San Bernardino Road and Church Street Improvements LOCATION: San Bernardino Road from 975 Feet east of Vineyard to Archibald Church Street from Hellman Avenue to Archibald Avenue TOTALS 372,890.46 DATE: November 15, 1984 CONTRACT NO. 12- 4637 -8075 Riverside Const. ITEMS QUANTITIES�UNT 1. Clearing & Grubbing Lump Sum L.S. 23,000.00 2. Unclassified Excavation 2,057 C.Y. 8.00 16,456.00 3. Unclassified Fill 1,280 C.Y. 4.00 5,120.00 4. Imported Fill 106 C.Y. 8.00 848.00 5. P.C.C. Removal 308 C.Y. 26.50 8,162.00 6. 8" Curb & 18" Gutter 1,145 L.F. 7.00 8,015.00 7. 8" Curb & 24" Gutter 2,756 L.F. 7.75 21,359.00 8. Sidewalk & Access Ramp 14,638 S.F. 1.35 19,761.30 9. 6" P.C.C. Drive App. 3,109 S.F. 3.40 10,570.60 10. 8" P.C.C. Drive App. 310 S.F. 4.65 1,441.50 11. Cross Gutter & Spandrel 4,444 S.F. 3.60 15,998.40 7 12. Misc. Concrete 22 C.Y. 300.00 6,600.00 t 13. A.C. Drive. Transition 4,003 S.F. 0.57 2,281.71 14. Driveway & Sdwlk Trans. 686 S.F. 3.50 2,401.00 15. Rtng Wall & Footing 1,274 S.F. 15.50 19,747.00 16. 22" x 13" C.S. Pipe 866 L.F. 24.00 20,784.00 17. Catch Basin No. 1 4 Ea. 1,600.00 6,400.00 18. S.D. Manhole A 3 Ea. 900.00 2,700.00 19. Pulvarize Exist. Pvmt. 90,404 S.F. 0.16 14,464.64 20. Cold Planning 44,559 S.F. 0.09 4,010.31 21. Pvmt. Reinf. Fab. 29,900 S.F. 0.28 8,372.00 22. Crushed A.B. or Slag 1,143 Tons 5.00 5,715.00 23. A.C. Pavement 4,137 Tons 29.00 119,973.00 24. Pipe Handrail 262 L.F. 20.00 5,240.00 25. Adjust M.H. to Grade 24 Ea. 280.00 6,720.00 26. Adjust W.Y. to Grade 45 Ea. 170.00 7,650.00 27. Replace Signal Loop Lump Sum L.S. 2,100.00 28. Traffic Striping /Signing Lump Sum L.S. 3,300.00 29. Traffic Control Lump Sum L.S. 3,700.00 TOTALS 372,890.46 DATE: November 15, 1984 CONTRACT NO. 12- 4637 -8075 0 L. 0. Kina. Inc. 2151 E. "On Street, Suite 120A Ontario, LA 91764 (714) 91110b492 ENGINEERS /PLANNERS November 8, 1984 Mr. Lloyd B. Hubbs City Engineer City of Rancho Cucamonga 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91730 Attention: Mr. Dave Blevins Senior Public Works Inspector Subject: Proposal to Provide Construction Surveying for the Improvement of San Bernardino Road between 975' east of Vineyard and Archibald Avenues and Church Street between Hellman and Archibald Avenues Gentlemen: • We are pleased for the opportunity to submit the enclosed proposal in response to your Request for Proposal dated October 25, 1984. We have reviewed the project in the field and discussed the work with Mr. Blevins and have a thorough understanding of the work involved. If finish curb staking could be utilized for both the rough grading and curb construction, the total not to exceed surveying cost of this proposal could be reduced $1,350 from a not to exceed of $6,980 to $5,630. We are looking forward to working with the City and are staffed and ready to begin work immediately upon receiving the City's notice to proceed. Please contact the undersigned or Nick Oriti of this office should you have any questions. Respectful y submitted, 0. H. MAYS, P.E. Branch Manager OHM:sw 0 Enclosure Omcn m: ONTARIO a,q SANTA ANA ( Exhibit "A" j � <jn<:- November 8, 1984 SCOPE OF SERVICES AND FEE Construction Surveying for the Improvement of San Bernardino Road between 975' east of Vineyard and Archibald Avenues and Church Street between Hellman and Archibald Avenues Task 1. Survey Control a. establish horizontal and vertical control b. tieout centerline monuments • Task 2. Rough Grade a. one(1) set of stakes at 50' intervals with cuts and /or fills to top of curb, estimated 4,4001 LF b. removals by others Task 3. Finished Grade • a. Curb - one (1) set of stakes at 25' intervals and grade breaks with cuts and /or fills to top of curb (includes cross- gutters) b. Pavement - one (1) set of stakes at 25' intervals and grade breaks along centerline and 1/4 points with cuts and /or fills to finished surface (1,00013) c. Driveways - stake centerline d. Retaining Nall - stake top of footing elevations for concrete block wall at 25' intervals Task 4. Storm Drain a. one (1) set of stakes at 25' intervals with cuts to invert of pipe b. stake centerline of manholes with cuts to invert at Inlets and outlets c. stake centerline of catch basins and two (2) reference stakes /nails to face of curb with cuts and /or fills to flowline • of catch basin Page 1 of 2 r1 L-A • • C LNinc November 8, 1984 r d. set two (2) reference stakes /nails at either end of local depression Task 5. Coordination a. pre - construction meeting b, project coordination c. prepare cutsheets Task 6. Monumentation a. reset centerline monuments b, draft centerline tie notes per City format COMPENSATION Fees for construction surveying services for the Scope of Work provided for herein are listed below. The actual cost of each task may vary somewhat from that shown above, however, the total not to exceed cost of all tasks is a maximum cost to the project of $6,980 for professional services. Compensation will be at time and material in conformance with the consultant's rate schedule dated August, 1983, Exhibit "B ". ✓1 Page 2 of 2 Estimated Cost Task 1 $ 867 Task 2 1,350 Task 3 2,814 Task 4 867 Task 5 P28 Task 6 854 TOTAL $6,980 The actual cost of each task may vary somewhat from that shown above, however, the total not to exceed cost of all tasks is a maximum cost to the project of $6,980 for professional services. Compensation will be at time and material in conformance with the consultant's rate schedule dated August, 1983, Exhibit "B ". ✓1 Page 2 of 2 l TUMZ! Exhibit "8" L. D. KING, INC. RATE SCHEDULE August, 1983 In -house reproduction Cost Printing and Materials Cost r 20% Mileage 300mile • Rate (Hour) Principal $ 75.00 Project Manager 64.00 Project Engineer 57.00 Survey Coordinator 57.00 Associate Engineer 48.00 Designer /Calculator 48.00 Senior Drafter 45.00 Assistant Engineer 39.00 Drafter 36.00 Junior Engineer 27.00 Engineering Aide 18.00 Administrative Assistant 29.00 Secretary /Production Typist 23.00 • 3 -Man Survey Crew 135.00 2 -Man Survey Crew 110.00 Travel Time (when in excess of 8 hrs work time per day) 3 -Man Survey Crew 72.00 2 -Man Survey Crew 49.00 In -house reproduction Cost Printing and Materials Cost r 20% Mileage 300mile • 1, 1 1 251 TENNESSEE STREET. REDLANDS. CALIFORNIA 92373 • (714) 793 MI November 14, 1984 City of Rancho Cucamonga 9320 Baseline Road, Suite C Post Office Box 807 Rancho Cucamonga, California 91730 Attention: Mr. Dave Blevins Re: San Bernardino Road and Church Street Improvements Rancho Cucamonga, California Subject: Proposal for Compaction Testing and Asphalt Concrete Laboratory Analysis Gentlemen At your request, we have made a brief review of the plans and specifications for the improvements to San Bernardino Road and Church Street, consisting of: reconstruction, widening and storm drain for San Bernardino Road, approximately if miles in length from 925 feet east of Vineyard Avenue to Archibald; and for Church Street • approximately } mile in length from Hellman to Archibald. We established that there are approximately 2800 feet of recycled asphalt concrete base, 1900 feet of widening and 1800 linear feet of storm drain on San Bernardino Road; and 1100 feet of reconstruction on Church Street, We estimate that, along San Bernardino Road, 10 backfill compaction tests will be required for the storm drain, along with 12 compaction tests in the recycled asphalt concrete base, 8 compaction tests in the base used for the widening areas and 20 compaction tests in the subgrade for both the widening and recy- cled asphalt areas. Along Church Street, we estimate 5 subgrade compaction tests and 5 base compaction tests. This gives a grand total of 60 field compaction tests. On the basis that we would per- form a minimum of four compaction tests for each trip to the site and allowing 6 retests, we estimate a maximum cost of $2900 to provide the estimated 66 field density tests. This price would include the maxi- mum density determinations and written reports. The asphalt con- crete analysis which would consist of the percent of oil and a sieve analysis would cost $too per test additional. Total cost of the project will be approximately $3,300. Charges will be for time and materials at the rates stated on our Fee Schedule dated June 1, 1983. Terms are also stated thereon. To signify your authorization to proceed, please sign and return one copy of this proposal. Also, please forward information requested on • the enclosed Supplemental Information Sheet. City of Rancho Cucamonga November 14, 1984 Page Two We are able to commence work upon receipt of your authorization. We look forward to being associated with you on this project. If you have any questions, please contact this office. Respectfully, PIONEER CONSULTANTS obert B. Rogers, P.E. Geotechnical Engineer RBR:GWB:ijs Addressee (2) Enclosures Authorized ignature ante ame rte pioneer consultants liii 151 TENNESSEE STREET • REDlANOS. CALIFORNIA 91373 • pLl 79J1a91 • ANNOTATED FEE SCHEDULE AND TERMS • June 1, 1983 PERSONNEL CHARGES RATE /COST Principal Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 565,00 /Hour Expert Witness or Litigation (4 -Hour minimum, including preparation time) 100.00 /Hour Project Engineer or Geologist (Licensed) . . . . . . . . . . . . . . . . . . . 50.00 /Hour Staff Engineer or Geologist . . . . . . . . . . . . . . . . . . . . . . . . . 40.00 /Hour Supervising Technician . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.00 /Hour Field or Laboratory Technician . . . . . . . . . . . . . . . . . . . . . . . 35.00 /Hour Drafting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 /Hour Typing, Collating, Printing . . . . . . . . . . . . . . . . . . . . . . . . 20.00 /Hour OTHER CHARGES Subsistence and Lodging . . . . . . . . . . . . . . . . . . . . . . . . . . . At Cost Overtime (rate in addition to regular rate): Normal . . . . . . . . 510,00 /Hour Sundays and Holidays . . . . . . . . . 20.00 /Hour • Mileage: . . . . . . . . . . . . . . . . . . . . . . . . . . . Two Wheel Drive .20 /Mile Four liTeel Drive .40 /Mile Outside Services and Supplies . . . . . . . . . . . . . . . . . . . . . . . . Cost ♦ 15% Concrete Cylinder Strength Tests . . . . . . . . . . . . . . . . . . . . . . $10.00 Each Coring (Charge per core above hourly charges) . . . . . . . . . . . . . . . . 5.00 Each Concrete Mix Design . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65.00 Each Reproduction Charges: Xerox Copies . . . . . . . . . . . . . .12 Each Bruning . . . . . . . . . . . . . .20 /5q.Ft. Copies of Old Reports File access Charge (.(ter 1 year) . . . . . . . . . . . . . . . . . . . . 25.00 Cast /Copy (after 1 year) . . . a 2.00 Cost /Copy (current) . . . . . .. a 1.00 a Plus Cost of Reproduction (copies plus clerical time) Job costs are normally calculated at the above rates on a time and materials basis, portal to portal; however, the procedures for job costing certain large or long term jobs may be negotiated. TERMS Billing for Professional Services rendered will normally occur every two weeks and payment shalt be due UPON PRESENTATION OF INVOICE. Except as otherwise provided by written agreement, a charge of 1.5 percent per month will be added after 30 days from invoice date. Should legal action become necessary to enforce the terms of this agreement, the prevailing party shall be entitled • to reasonable attorney6s feu and costs, Contracts with estimates of less than $2,000.00 normally require a retainer of $19000.00 or BO percent of the estimate, whichever is leas, prior to Work beginning. The balance will be due upon completion of the work /report. 76 WORK AUTHORIZATION • SUPPLEMENTAL INFORMATION FORM Please complete the following for our records. OPINER OF PROPERTY Name Address City, state, zip LENDER Address • City, State, Zip CONTRACTOR Address City, state, Zip Completed 6y/ Date Finn J' CITY OF RANCHO CUCAMONGA q MEMORANDUM Xi DATE: as of 11/21/84 t: TO: City Council W7 FROM: Finance Director SUBJECT: Lease /Purchase Agreement with SCAG Southern California Association of Governments recently presented a new program whereby local governments can purchase and meet various equipment needs without large outflows of cash. The program is offered as an alternative to high cost vendor and commercial loans for small capital acquisitions in a market where low rates are impossible to obtain. The basic's of the program are as follows: PROGRAM: Low-cost financing alternative for smaller, less frequent equipment needs. STRUCTURE: Insured pooled leases with trustee issuing . participation certificates, scag serves as lessor. BENEFITS TO SLAG MEMBERS: Low-cost financing, a rate below those offered by commercial banks and lease brokers. Continuous source of I cost money No additional staff time needed PROGRAM ADMINISTRATORS: Merrill Lynch Capital Markets (Los Angeles) gelling 6 Co., Inc. (San Francisco) PROCEDURES: 1. City /County "A" needs to finance $150.000 computer. 2. Sends details of acquisition and annual report to Merrill Lynch /gelling (see attached application). 7. Merrill Lynch /Belting screens needs to &@sure insurability, and reviews details • and costs with applicant. 4. Merrill Lynch /gelling pools requests • until minimal level of equipment dollar needs are achieved. 5. Merrill Lynch /Belling, along with SLAG, structure a pooled lease transaction. 6. Trustee issues insured participation certificates. 7. Merrill Lynch /gelling underwritea certificates and structures low cost net lease payment schedule for City /County "A" and others. S. Process continues for next group of Cities /Counties. Merrill Lynch /gelling will keep SCAG informed on all contacts made to them by cities and counties, and on the status of any application. This program will benefit Rancho Cucamonga in its purchase of a street sweeper by: (A) Reduce the effects of a large outflow of cash, • (g) Able to obtain financing at a very good rate, (C) Get on board with RCAG as a participant, and once qualified in good standing should provide Rancho Cucamonga with a good rating for future equipment financing needs. Attached for your consideration are the various documents associated with this program, also there is a resolution to get the program moving. RECOMMENDATION: Approve the resolution and authorise City officials to Sign the necessary documents to secure funding for the purchase of a City street sweeper. R1E /wa • 4y • 2509M JHHM:NNM:mym 10/27/84 LEASE AGREEMENT Dated as of December I, 1984 • by and between u SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS and the CITY OF RANCHO CUCAMONGA, CALIFORNIA J • TABLE OF CONTENTS Page ARTICLE I -DEFINITIONS AND EXHIBITS SECTION 1.1 Definitions .............. ............................... 2 SECTION 1.2 Exhibits ................. ............................... 4 ARTICLE II REPRESENTATIONS, COVENANTS AND WARRANTIES SECTION 2.1 Representations, Covenants and Warranties of the City ............ ............................... 5 SECTION 2.2 Representations, Covenants and Warranties of the Association ..... ............................... 5 ARTICLE III DEPOSIT OF MONEYS; ACQUISITION OF THE PROJECT SECTION 3.1 • SECTION 3.2 SECTION 3.3 SECTION 4.1 SECTION 4.2 SECTION 4.3 SECTION 4.4 SECTION 4.S SECTION 4.6 SECTION 4.7 SECTION 4.8 • Deposit of Moneys ........ ............................... 7 Acquisition of the Project ............................... 7 Payment of Acquisition Costs ............................ 8 ARTICLE IV AGREEMENT TO LEASE; TERMINATION OF THIS AGREEMENT; LEASE PAYMENTS: TITLE TO THE PROJECT Lease........ ............................... .. .......... 9 Term of Agreement ........ ............................... 9 Termination of this Agreement ........................... 9 Lease Payments ........... ............................... 10 Possession and Enjoyment . ............................... II Title to the Project ..... ............................... 11 Security Deposit ......... ............................... 12 Prepayment............... ............................... 12 ARTICLE V MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS SECTION 5.1 Maintenance and Taxes .... ............................... 14 SECTION 5.2 Modification of Project .. ............................... 14 (I) ARTICLE VI DISCLAIMER OF WARRANTIES; ACCESS SECTION 6.1 Disclaimer of Warranties . ............................... 18 SECTION 6.2 City's Right to Enforce Warranties ...................... 18 SECTION 6.3 Association Access to the Project ....................... 18 ARTICLE VII ASSIGNMENT, SUBLEASING AND INDEMNIFICATION SECTION 7.1 Assignment by Associat ion ............................... 1,9 • SECTION 7.2 Assignment and Subleasing by the City ................... SECTION 1.3 Release and Indemnification Covenants ................... 19 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.1 Events of Default Defined ............................... Paae SECTION 5.3 Public Liability and Property Damage • SECTION 8.3 Insurance .............. ............................... IS SECTION 5.4 Fire and Extended Coverage Insurance .................... IS SECTION 5.5 Rental Interruption Insurance. .......................... 16 SECTION 5.6 Insurance Net Proceeds; Form of Policies ................ 16 SECTION 5.7 Advances ...... ............ I ....... ........ ............... 16 SECTION 5.8 Liens.................... ............................... 17 SECTION 5.9 Application of Net Proceeds ............................. 17 SECTION 5.10 Abatement of Rental in the Event of Damage or Destruction ............ ............................... Il SECTION 5.11 Agreement to Pay Trustee's Fees ......................... 17 ARTICLE VI DISCLAIMER OF WARRANTIES; ACCESS SECTION 6.1 Disclaimer of Warranties . ............................... 18 SECTION 6.2 City's Right to Enforce Warranties ...................... 18 SECTION 6.3 Association Access to the Project ....................... 18 ARTICLE VII ASSIGNMENT, SUBLEASING AND INDEMNIFICATION SECTION 7.1 Assignment by Associat ion ............................... 1,9 • SECTION 7.2 Assignment and Subleasing by the City ................... SECTION 1.3 Release and Indemnification Covenants ................... 19 ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES SECTION 8.1 Events of Default Defined ............................... 20 SECTION 8.2 Remedies on Default .. ............................... ... 20 SECTION 8.3 No Remedy Exclusive ...... ............................... 21 SECTION 8.4 Agreement to Pay Attorneys' Fees and Expenses........... 21 SECTION 8.S No Additional Waiver Implied by One Waiver .............. 21 ARTICLE Ix MISCELLANEOUS SECTION 9.1 Not ices .................. ............................... 22 SECTION 9.2 Binding Effect ........... ............................... 22 SECTION 9.3 Severabiiity ............. ............................... 22 (it) s: r1 LJ (M) Page • SECTION 9.4 Amendments, Changes and Modifications ................... 22 SECTION 9.5 Net- net -net Lease ........ ............................... 23 SECTION 9.6 Further Assurances and Corrective Instruments........... 23 SECTION 9.7 Execution in Counterparts ............................... 23 SECTION 9.8 Applicable Law ........... ............................... 23 SECTION 9.9 Association and City Representatives .................... 23 SECTION 9.10 Captions ................. ............................... 23 Exhibit A - Schedule of Lease Payments Exhibit 8 - Description of Project r1 LJ (M) LEASE AGREEMENT • THIS AGREEMENT, dated as of December 1984, by and between the Southern California Association of Governments, a joint powers agency duly organized and existing under the laws of the State of California, as lessor ( "Association "), and the City of Rancho Cucamonga, a general law city of the State of California, duly organized and existing under the laws of the State of California (the "City "); W I T N E 5 S E T H: WHEREAS, the City wishes to facilitate the acquisition of that certain equipment described in Exhibit 8 hereto (the "Project ") and the City is authorized pursuant to the laws of the State of California to enter into leasehold agreements for such purposes; and WHEREAS, the City Council of the City has determined that In order to accomplish such purposes it is necessary and desirable to acquire and provide the Project by leasing the same pursuant to this Agreement; and WHEREAS, the Association will cause to be provided funds for the acquisition of the Project to be leased pursuant to this Agreement; NOW, THEREFORE, in consideration of the above premises and of the mutual covenants hereinafter contained and for other good and valuable consideration, • the parties hereto agree as follows: ARTICLE I • DEFINITIONS AND EXHIBITS SECTION I.I. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Lease Agreement and the Trust Agreement hereinafter mentioned, have the meanings herein specified. All terms capitalized but not defined herein shall have the meanings ascribed to them in the Trust Agreement. "Acceptance Deadline Date" means 1985. unless such date is extended pursuant to Section 402(g) of the Trust Agreement. "Acquisition Costs" means, with respect to the Project, the contract price paid or to be paid to the Contractors therefor upon acquisition or delivery of any portion of the Project and related equipment, in accordance with the purchase order or contract therefor. Acquisition Costs include the costs of site preparation necessary for the installation of the Project, as well as the administrative, engineering, legal, financial and other costs incurred by the City, the Association and the Contractors in connection with the acquisition, delivery, installation and financing by the Association of the Project. "Agency Agreement" means the Agency Agreement, dated as of December I, 1984, by and between Association and the City, and any duly authorized and • executed amendment thereto. "Assignment Agreement" means the Assignme ^t Agreement, dated as of December 1, 1984, by and between the Association and the Trustee, and any duly authorized and executed amendment thereto. "Association" means the Southern California Association of Governments. a joint powers agency duly formed and existing under the laws of the State of California. "Association Representative" means the Executive Director of the Association, or any person authorized to act on behalf of the Association with respect to this Agreement. "Certificate of Completion" means a certificate of the City Representative certifying that all equipment and other personal property constituting a portion of the Project has been acquired, installed and accepted by the City, and that all Acquisition Costs have been paid. "Certificates of Participation" or "Certificates" means the Certificates of Participation to be executed and delivered pursuant t0 the Trust Agreement and which evidence a right to receive a proportionate share of Lease Payments and proceeds received on account of the Lease Agreements. 10 "Cities" means the Cities of Claremont, Grand Terrace, Placentia, Rancho • Cucomonga and Riverside, collectively. "City" means the City of Rancho Cucamonga, California, a general law city of the State of California, duly organized and existing under the laws of the State of California. "City Representative" means the City Manager, Finance Oirector or an assistant designated by the City Council of the City to act on behalf of the City under or with respect to this Agreement. "Closing Date" means the date when the Certificates of Participation, duly executed by the Trustee, are delivered to the original purchaser thereof. "Contractors" means the contractors or vendors from whom Association or the City on behalf of Association has ordered or caused to be ordered or with whom Association or the City on behalf of Association has contracted or caused to be contracted for the acquisition of the Project pursuant to the Agency Agreement. "Due Oates" means July 15 and January 15, commencing July 15, 1985. "Independent Counsel" means an attorney duly admitted to the practice of law before the highest court of the State in which he maintains an office and who is not an employee of Association, the trustee or the City. "Insurance Fund" means the fund by that name established and held by the . Trustee pursuant to Section 406 of the Trust Agreement. "Insurance Policy" means that certain Endorsed Municipal Insurance Policy M , dated cetween the Trustee and the Insurer. "Insurer" means Fireman's Fund Insurance Company, and its successors and assigns. "Lease Payment" means any payment due from the City to the Association under Section 4.4 of this Agreement. "lease Agreement" or "Agreement" means this Lease Agreement, and any duly authorized and executed amendment hereto. "Lease Agreements" means the Lease Agreements, all dated as of December 1, 1984, between the Association and the Cities of Claremont, Grand Terrace, Placentia, Rancho Cucomonga and Riverside, respectively. "Net Proceeds" means any insurance or condemnation proceeds, paid with respect to the Project, remaining after payment therefrom of all expenses incurred in the collection thereof. • "Owner" or "Certificate Owner" or "Owner of a Certificate ", or any • similar term, when used with respect to the Certt icates, means the registered owner of any Certificate. "Payment Oates" means February 1 and August 1, commencing August 1, 1985. "Permitted Encumbrances" means, as of any particular time: (i) liens for general ad valorem taxes and assessments, if any, not then delinquent, or which the City may, pursuant to provisions of Article V hereof, permit to remain unpaid; (11) this Agreement; and (iii) the Assignment Agreement, and the Trust Agreement. "Principal Amount" means the total unpaid principal portion of the Lease Payments due hereunder. "Project" means that certain equipment to be acquired from the proceeds of the Certificates deposited in the Rancho Cucamonga Acquisition Account, as shown on Exhibit 8. "Rancho Cucamonga Acquisition Account" means the account by that name established and held by the Trustee pursuant to Section 402 of the Trust Agreement. "Rancho Cmonase Payment Account" means the account by that name established and huca ga eld by Le the Trustee pursuant to Section 404 of the Trust Agreement. • " Rancno Cucamonga Reserve Account" means :ne account by that name established and held by the Trustee pursuant to Section 407 of the Trust Agreement. • "Reserve Fund" means the fund by that name established and held by the Trustee pursuant to Section 407 of the Trust Agreement. "Term of this Agreement" or "Term" means the time during which this Agreement is in effect, as provided for in Section 4.: of this Agreement. "Trust Agreement" means the Trust Agreement, dated as of December I, 1984, by and among the Trustee, the Cittes and the Association, and any duly authorized and executed amendment thereto. "Trustee" means the Trustee appointed under the terms of the Trust Agreement. SECTION 1.2. Exhibits. The following Exhibits are attached to, and by reference made a part of, this Agreement: Exhibit A: The schedule of Lease Payments to be paid by the City to the Trustee, as assignee of the Association, showing the date and amount of each Lease Payment. Exhibit 8: The description of the Project. 4 ARTICLE II • , COVENANTS AND WARRANTIES SECTION 2.1. Representations, Covenants and Warranties of the City. The City represents, covenants and warrants to the Association as follows: (a) The City is a general law city of the State of California, duly organized and validly existing under the laws of the State of California. (b) The constitution and the laws of the State of California authorize the City to enter into this Agreement, the Trust Agreement and the Agency Agreement and to enter into the transactions contemplated by and to carry out Its ooligations under all of the aforesaid Agreements, and the City has duly authorized and executed all of the aforesaid Agreements in accordance with the laws of the State of California. (c) Neither the execution and delivery of this Agreement, the Trust Agreement or the Agency Agreement, nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions of any restriction or any agreement or instrument to which the City is now a party or by which the City is bound, or constitutes a default under any of the foregoing, or results in the creation or imposition of any lien, charge or encumbrances whatsoever upon any of the property or assets of the City, or upon the Project, except • Permitted Encumbrances. SECTION 2.2. Representations. Covenants and :iarranties of the Association. Association represents, covenants ani warrants to the City as follows: (a) Association is a joint powers agency duly organized, existing and in good standing under and by virtue of the laws of the State of California; has power to enter into this Agreement, the Agency Agreement, the Assignment Agreement and the Trust Agreement; is possessed of full power to own and hold real and personal property, and to lease and sell the same; and has duly authorized the execution and delivery of all of the aforesaid Agreements. (b) Association will not pledge the Lease Payments or other amounts derived from the Project and from Its other rights under this agreement, and will not encumber the Project, except as provided under the terms of this Agreement, the Assignment Agreement and the Trust Agreement. (c) Neither the execution and delivery of this Agreement, the Agency Agreement, the Assignment Agreement or the Trust Agreement, nor the fulfillment of or compliance with the terms and conditions hereof or thereof, nor the consummation of the transactions contemplated hereby or thereby, conflicts with or results in a breach of the terms, conditions or provisions C, J of any restriction or any agreement or instrument to which Association is now • a party or by which Association is bound, or constitutes a default under any of the foregoing, or results in the creation or Imposition of any lien, charge or encumbrance whatsoever upon any of the property or assets of Association, or upon the Project, except Permitted Encumbrances. (d) Except as provided herein, in the Assignment Agreement and in the Trust Agreement, the Association will not assign this Agreement, its right to receive Lease Payments from the City, or its duties and obligations hereunder to any other person, firm or corporation so as to impair or violate the representations, covenants and warranties contained in this Section 2.2. • 11 ARTICLE III • DEPOSIT OF MONEYS; ACQUISITION OF THE PROJECT SECTION 3.1. Deposit of Moneys. On the Closing Date, Association shall cause to be deposited with the Trustee the amounts specified in Section 401 of the Trust Agreement. Pursuant to the Trust Agreement, there shall be deposited in the Rancho Cucamonga Acquisition Account funds sufficient to pay Acquisition Costs. SECTION 3.2. Acquisition of the Project. The City will, in all respects in accordance with the Agency Agreement, enter into purchase orders and contracts, and will supervise and provide for, or cause to be supervised and provided for, as agent for Association, the complete acquisition and installation of the Project. The City agrees that it will cause the work under said contracts to be diligently performed after the deposit of funds with the Trustee pursuant to Section 3.1, and that the Project will be acquired and installed in accordance with the specifications approved by the City on or prior to the Acceptance Deadline Date. The City may change the specifications of the Project, so long as such change does not reduce the value of the Project or substantially alter the nature of the Project, and that any increase in Acquisition Costs shall not result from such change, unless the City deposits in the Rancho Cucamonga Acquisition Account an amount sufficient to pay such increase. In addition, in the event that the costs of acquiring the Project are greater than the amount of money deposited in or • transferred to the Rancho Cucamonga Acqulsiticn Account, together wtth investment earnings thereon, the City agrees to deposit into the Rancho Cucamonga Acquisition Account an amount of money necessary to pay such increased Acquisition Costs, but only from funds arising in the 1984185 fiscal year. The City agrees that upon substantial acquisition and installation of any portion of the Project, it will take possession of that portion of the Project under the terms and provisions of this Agreement. upon completion of acquisition and installation of the Project reasonadly satisfactory to the City, but in any event not later than thirty (30) days following completion of such acquisition and installation, the City Shall deliver to the Trustee a Certificate of Completion, along with a Certificate of the Insurer certifying that the Insurance Policy insures all of the City's Lease Payments. The parties agree that this Lease Agreement shall be deemed to be effective as to each component of the Project as it is acquired or installed. and upon acceptance of a substantial portion of the Project, the City agrees that the Lease Payments shown on Exhibit A (which Lease Payments Include amounts allocable to the City's proportionate share of Costs of Issuance and the discount taken by the original purchaser of the Certificates) represent valid rental value for such substantial portion of the Project. C-I J SECTION 3.3. Payment of Acquisition Costs. Payment to the Contractors of the cost of acquiring and installing the Project shall be made from the moneys deposited with the Trustee as provided in Section 3.1 and Section 3.2, which shall be disbursed for this purpose in accordance and upon compliance with Section 402 of the Trust Agreement. • • • ARTICLE IV AGREEMENT TO LEASE; TERMINATION OF THIS AGREEMENT; LEASE PAYMENTS; TITLE TO THE PROJECT SECTION 4.1. Lease. Association hereby leases the Project to the City, and the City hereby leases the Project from Association, upon the terms and conditions set forth in this Agreement. SECTION 4.2. Term of Agreement. The Term of this Agreement shall commence as of the date hereof and shall end on unless on such date any Certificates of Participation remain outstanding, in which case this Agreement shall remain in full force and effect while any Certificates of Participation are outstanding, or unless terminated prior thereto in accordance with Section 4.3 of this agreement. SECTION 4.3. Termination ci this Agreement. The Term of this Agreement will terminate upon the earliest of any of the following events: (a) the payment or prepayment by the City of all Lease Payments due during the Term of this Agreement; (b) the occurrence of an event of default hereunder, and the termination of this Agreement by the Association or its successors and assigns • pursuant to Section 8.2(iii) hereof; (c) the failure of the Trustee t0 present tv August 20 in each fiscal year of the City satisfactory proof to the Insurer which satisfaction must be certified to the Trustee by the Insurer in writing on or prior to such August 20) that the City has budgeted, appropriated or otherwise made funds lawfully available to pay its Lease Payments for such fiscal year (such termination in this instance to occur on the November I immediately following such August 20); l J (d) the failure of the City to cure all defaulted Lease Payment obligations occurring in the City's fiscal year by the August 20 immediately following the end of such fiscal year (such termination in this instance to occur on the November I immediately following such August 20); or (e) on the first day of the month occuring after the Acceptance Deadline Date if the City has failed to deposit a Certificate Of Acceptance with the Trustee on or prior to the twentieth day of the first calendar month immediately preceding the Acceptance Deadline Date. Notwithstanding the foregoing, the Trustee shall not terminate this • Lease Agreement without obtaining consent from the Insurer, except where such termination results from failure by the City to pay its Lease Payments, or results from the City's failure to budget, appropriate or otherwise make funds lawfully available to pay Lease Payments due in any fiscal year of the City. Upon occurrence of one "of the events which will result in termination of the City's Lease Agreement, the Trustee will not make any further disbursements from the City's Acquisition Account and all amounts at the time in such Acquisition Account will be transferred, as provided in the Trust Agreement, to the City's Lease Payment Account to be credited against the City's Lease Payment obligations or to the City's Redemption Account to be applied to redemption of the Certificates. SECTION 4.4, Lease Payments. The City agrees to pay to Association, its successors and assigns, as rental for the use and possession of the Project, the Leas, Payments, on Due Dates, in the amounts specified in Exhibit A, provided that --e City shall receive a credit for any amounts on hand in the Rancho Cucamonga Lease Payment Account at the time any Lease Payment is due, and that at such time as the moneys on hand in the Rancho Cucamonga Lease Payment Account and the Rancho Cucamonga Reserve Account are equal to all Lease Payments remaining unpaid, such moneys shall be applied by the Trustee, pursuant to Section 407 of the Trust Agreement, to such Lease Payments on behalf of the City, and the City shall not be required to make any further Lease Payments hereunder. Lease Payments for each annual rental payment period during the Term of • this Agreement shall constitute the total rental for said rental payment period, and shall be paid by the City in each rental payment period for and in consideration of the right of the use and possession of, and the continued quiet use and enjoyment of the Project during each such period for which said rental is to be paid. The parties hereto have agreed and determined that such total rental represents the fair rental value of the Project. In making such determination, consideration has been given to the Costs of acquisition, delivery, installation and financing of the Project, other obligations of the parties under this Agreement, the uses and purposes which may be served by the Project and the benefits therefrom which will accrue to the City and the general public. Each Lease Payment shall be paid in lawful money of the United States of America to or upon the order of Association at the corporate trust office of the Trustee. Any such Installment of rental accruing hereunder which shall not be paid when due shall bear interest at the rate of ten percent (10%) per annum from the date when the same Is due hereunder until the same shall be paid. 10 is • Lease Payments shall be paid from any source of legally available funds of the City, and the City covenants to take such action as may be necessary to include all Lease Payments due hereunder In its annual budget, and to make the necessary annual appropriations for all such Lease Payments which covenants of the City shall be deemed to be, and shall be, ministerial duties imposed by law, and it shall be the duty of each and every public official of the City to take such action and do such,things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants made by the City in this Agreement. During the Term of this Agreement, the City will furnish to the Trustee, no later than 20 days following adoption of the budget for that fiscal year a Certificate of the City Clerk that the Lease Payments due in that fiscal year have been included in the budget approved by the City Council for such fiscal year; or if no budget has been approved by August 15, the City shall deliver to the Trustee and the Insurer no later than August 20 of such year, a Certificate of the City Clerk that the Lease Payments due in that fiscal year have been appropriated by a resolution duly adopted by the City Council of the City. To the extent that moneys are available in the Rancho Cucamonga Lease Payment Account, the Rancho Cucamonga Reserve Account and the Rancho Cucamonga Acquisition Account for such purpose, the City agrees to pay Lease Payments regardless of whether or not it has acquired the Project. SECTION 4.5. Possession and Enjoyment. During the Term of this Agreement, Association shall provide the City with quiet use and enjoyment of the Project, and the City shall during such Term peaceably and quietly have and hold and enjoy the Project, without suit, trouble or hindrance from Association, except as expressly set forth in iris Agreement. Association will, at the request of the City and at the City s cost, join in any legal action in which the City asserts its right to such oossession and enjoyment to the extent Association may lawfully do so. Notwithstanding the foregoing, Association shall have the light to inspect the Project as provided In Section 6.3. SECTION 4.6. Title to the Project. During the Term of this Agreement, title to the Project and any and all additions, replacements or modifications will be retained by Association, except as provided below and except for those modifications which are added to the Project by the City and which may be removed without damaging the Project. Upon receipt of title to any component of the Project for which a bill of sale may be delivered from a Contractor, Association, or the City on behalf of Association, shall deliver to the Trustee a bill of sale to such component of the Project. The City shall not have any right, title or Interest in the Project or in any additions, repairs, replacements or modifications thereto except as expressly provided in this Agreement. If the City has paid ail Lease Payments during the Term of this Agreement, or upon deposit of the security deposit as provided in Section 4.7 hereof, all right, title and interest of Association in and to the Project shall be transferred to and vest in the City. Additionally, If necessary, • Association shall authorize, execute and deliver to the City a bill of sale in order to release any and all liens created under the provisions of this • Agreement and the Trust Agreement, and any other documents required to terminate this Agreement and consummate such transfer of title and release of liens. Association agrees to defend and eliminate any claims adverse to the title to the Project, and to save and hold the City harmless therefrom; provided that Association's obligations under this sentence shall not extend to claims arising out of actions by the City or persons asserting claims under it; provided that the City shall reimburse Association for any costs incurred by Association in defending or eliminating such claims, including reasonable attorneys' fees. SECTION 4.7. Security Deposit. Notwithstanding any other provision of this Agreement, the City may on any date secure the payment of Lease Payments by a deposit with the Trustee of: (i) an amount which, together with amounts on deposit in the Rancho Cucamonga Lease Payment Account and the Rancho Cucamonga Reserve Account, is sufficient to pay all unpaid Lease Payments, including the principal and Interest components thereof, in accordance with the Lease Payment schedule set forth in Exhibit A, or (ii) Permitted Investments of the type described in clause (i) of the definition thereof contained in Exhibit A to the Trust Agreement, together with cash, if required, in such amount as will, in the opinion of an independent certified public accountant, together with interest to accrue thereon and, if required, all or a portion of monies or Permitted Investments of such type then on deposit in the Rancho Cucamonga Lease Payment Account and Rancho Cucamonga Reserve Account, be fully sufficient to pay all unpaid Lease Payments on their Due Date. In the event of a deposit pursuant to this Section, all obligations • of the City under this Agreement, and all securiti provided by this Agreement for said obligations, shall cease and terminate, e,cepting only the obligation of the City to make, or cause to be made, Lease Payments from the deposit made by the City pursuant to this Section, and title to the Project shall vest in the City on the date of said deposit automatically and without further action by the City or the Association, provided that title shall be subject to the subsequent payment of Lease Payments from said deposit in accordance with the provisions of this Agreement. Said deposit shalt be deemed to be and shall constitute a special fund for the payment of Lease Payments in accordance with the provisions of this Agreement. SECTION 4.8. Prepayment. (a) If the City has not acquired and accepted all of the Project and delivered a Certificate of Completion and a Certificate of the Insurer to the Trustee by the Acceptance Deadline Date, then the principal amount of Lease Payments allocable to the portion of the Project not acquired (equal to the principal amount of Lease Payments not insured under the Insurance Policy at the time) shall thereupon be prepaid from amounts then on hand In the Rancho Cucamonga Acquisition Account, any amounts transferred from the Rancho Cucamonga Reserve Account to the Redemption Fund pursuant to Section 407 of the Trust Agreement, and from proceeds of the Insurance Policy. 12 • <b) If the City has not acquired and accepted any portion of the • Project by the Acceptance Deadline Date, then the Principal Amount shall be prepaid on such date from amounts then on hand in the Rancho Cucamonga Acquisition Account. the Rancho Cucamonga Lease Payment Account, the Rancho Cucamonga Reserve Account and from proceeds of the Insurance Policy, and this Agreement shall be terminated pursuant to Section 4.3 hereof. (c) In addition, the principal amount of Lease Payments allocable to any portion of the Project damaged or destroyed, if not repaired or replaced with Net Proceeds of insurance, shall be prepaid from such Net Proceeds of insurance paid to the Trustee and applied as provided in Section 406 of the Trust Agreement. I 0 13 • ARTICLE V MAINTENANCE; TAXES: INSURANCE: AND OTHER MATTERS SECTION 5.1. Maintenance and Taxes. Throughout the term of this Agreement, as part of the consideration for the rental of the Project, all improvement, repair and maintenance of the Project shall be the responsibility of the City, and the City shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Project resulting from ordinary wear and tear or want of care on the part of the City thereof. In exchange for the Lease Payments herein provided, Association agrees to provide only the Project, as hereinbefore more specifically set forth. The City shall also pay or cause to be paid to Association all taxes of any type or nature charged to Association or affecting the Project or the respective interests or estates therein, including any sales tax, or affecting the amount available to Association from Lease Payments received hereunder for the retirement of the Certificates (including taxes or assessments assessed or levied by any governmental agency or district having power to levy taxes or assessments); provided that with respect to governmental charges that may lawfully be paid in installments over a period of years, the City shall be obligated to pay only such installments as are required to be paid during the Term of this Agreement as and when the same become due. The City, at the City's expense and in its name, may In good faith • contest any such taxes and other charges and, in the event of any such contest, may permit the taxes or other charges so contested to remain unpaid during the period of such contest and any appeal therefrom unless Association shall notify the City that, in the opinion of Independent Counsel, by nonpayment of any such items, the interest of Asscciation in the Project will be materially endangered or the Project or any part thereof will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes or charges or provide Association with full security against any loss which may result from nonpayment, in form satisfactory to Association. SECTION 5.2. Modification of Protect. The City shall, at its own expense, have the right to remodel the Project or to make additions and modifications thereto. All such additions and modifications shall thereafter comprise part of the Project and be subject to the provisions of this Agreement. Such additions and modifications shall not in any way damage the Project, substantially alter Its nature or cause it to be used for purposes other than those authorized under the provisions of state and federal law; and the Project, upon completion of any additions and modifications made pursuant to this Section, shall be of a value which is not substantially less than the value of the Project immediately prior to the making of such additions or modifications. The City will not permit any mechanic's or other lien to be established or remain against the Project for labor or materials furnished In connection with any remodeling, additions, modifications, repairs, renewals or • 14 /L7 replacements made by the City pursuant to this Section; provided that if any • such lien is established and the City shall first notify Association of the City's Intention to do so, the City may in good faith contest any lien filed or established against the Project, and in such event may permit the items so contested to remain undischarged and unsatisfied during the period of such contest and any appeal therefrom, and shall provide Association with full security against any loss or forfeiture which might arise from the nonpayment of any such item, in form satisfactory to Association. Association will cooperate fully in any such contest, upon the request and at the expense of the City. SECTION 5.3. Public Liability and Property Damage Insurance. The City ;hall maintain or cause to be maintained, throughout the term of this Agreement (but during the period of delivery and installation of the Project only if such insurance is not provided by the Contractors), a standard comprehensive general insurance policy or policies in protection of the Association and the City, and their members, officers, agents and employees. Said policy or policies shall provide for indemnification of said parties against direct or contingent loss or liability for damages for bodily and personal injury, death or property damage occasioned by reason of the acquisition or operation of the Project. Said policy or policies shall provide coverage in the minimum liability limits of $1,000,000 for personal injury or death of each person and $3,000,000 for personal injury or deaths of two or more persons in each accident or event, and in a minimum amount of $100,000 (subject to a deductible clause of not to exceed $5,000) for damage to property resulting from each accident or event. Such public liability and . property damage insurance may, however, be in the form of a single limit policy in the amount of $3,000,000 covering all such risks. Such liability Insurance may be maintained as part of or in = onjunction with any other liability insurance coverage carried or required to be carried by the City, and may be maintained in the form of self- insurance by the City. SECTION 5.4. Fire and Extended Coverage Insurance; Earthquake Insurance: Flood Insurance. The City shall procure, or cause to be procured, and maintain throughout the Term of this Agreement (but during the period of delivery and installation of the Project only If such insurance is not provided by the Contractors), Insurance against loss or damage to any part of the Project by fire and lightning, with extended coverage and vandalism and malicious mischief insurance. Said extended coverage insurance shall, as nearly as practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage, smoke, sprinkler damage, boller explosion and such other hazards as are normally covered by such insurance. Such Insurance shall be in an amount equal to 100% of the replacement cost of the Project. Such insurance may be maintained as part of or in conjunction with any other fire and extended coverage insurance carried or required to be carried by the City, and may be maintained in the form of self- insurance by the City. The City shall also procure, or cause to be procured, and maintained throughout the term of this Agreement, insurance against loss or damage to any part of the Project by earthquake (except for components of the Project which IS 0 aced in a and addition, if thetoi toe' yi nsf¢d °ss of cause Ce ay t ro111n9 stohalll 9. P9T¢¢ment' �nsur an shall P"Cure� such as the Ci Cerm of tfl°°d. the City Thai nter rUftio nob \ \e• th t the ,¢�taInedar tbro rt of the proles fbu tio^ tn1 InsurV ease °f ny Sar ante P ymend o,amage to any Rental there term artl a\ 1 C vered in tntotal Leans of SUc a da 5.5. ut or P rds aY the t proceed Cucamon9 Ill m E�ta�n Cw eou9hosdf znY a °f unt suff yj Tenths 955 the ^N th zYmQ °tho abl Qe LSuch P "ou a 0, the hereof •. A of a the trus\<edifed dtow rddmen Due &Oaf Pay conl�ta ned t,4 a by SecQer for aoQepald d Shall beL@LSe PaYmnedsas Paft and may oe ma uch h�so�OncementjlNCCOOef.innNhice may oe viedtbY the City th oliciCS of PaYmentsY �te�ru0t101, encef covefa ethe City Policies'orovede that s rentalanYnOther self- insurance proceeds: 5 WOO m a49r The Re Mxt the form °f lance Nets a and 5.the trust ri th the Ciatlon• fled as OPP in 5EC11re4 'IlrreAtb snalltoe PCya ly to llfor l& Ba ^Teustees5 9 pereof. and any in Pose eay blece 50 °Qces farce a tru ra we re o the ati sf&CtOflf°f °eal cause to be t Pre the Ceeds of $ection 406 cles of shall oe„ryen due the rc ^Ot1Y 1 Such 90/11301 0 Yof Pfovided be. Al11 fP °neuf ane to be PTid and shall ,e Per, th Or re foof the siatement5ha11 Pay by thus P9 aYme is Insurer sn, �&tion tbbe¢res4 sp'otec rom5 se on ted ln the'ci tY feP'dende Of S and tine ntended Carr shallsl^a 1 be.�stment. com"he so e5 t n f°�ni Snedteat the tfu tl on, any the tf sired a ^d or any adlthe CS CY, d to the rov�de each expifQ theebYheehn re4nsurance tfuste` be de \ivefs eQU5 re0 the pt „e�cco°efa(; Off anydo�eaccount a9�eed ct by shall use to 9 °11 C1e its sufficle Paymenf loss thee��d,nce nat t any of o, accePtin9 ment Of any °f 11y effect, to Perform li9ated t e fa I not be ,Cjud\nq all settle otesgteedA9reeme ^tsaeri^ fucesfOf if the mad, Such hal fal ob114atedbto Oryanam be Nss by fni eSECtLOIt 5e1 this ^eceandithet Citeest \amentthe but einf no event shall sha6 bb \,gasuchs a t \Money to Nile osy b \e<heidate of re4aY take nt Of OOP a raft° uUCnale dexceed the \ega;nce ¢. 16 n 3, is �V I* SECTION 5.8. Liens. The City shall not, directly or indirectly, • create, Incur, assume or suffer to exist any pledge, lien, charge, encumbrance or claim on or with respect to the Project, other than the respective rights of Association and the City as herein provided, and Permitted Encumbrances. Except as expressly provided in this Article, the City shall promptly, at its own expense, take such action as may be necessary to duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim for which it is responsible, if the same shall arise at any time. The City shall reimburse Association for any expense incurred by it in order to discharge or remove any such pledge, lien, charge, encumbrance or claim. SECTION 5.9 Application of Net Proceeds. The City shall cause the Net Proceeds of any insurance award resulting from any damage to or destruction of the Project by fire or other casualty, to be deposited with the Trustee for deposit in the Insurance Fund promptly upon receipt thereof to be applied to the prompt replacement, repair, restoration, modification or improvement of the Project by the City, or, i� the option of the City, to the redemption of the Certificates as provided Section 615 of the Trust Agreement. If the City's Project has been dama, or destroyed, the City shall have the option to cause the Net Proceeds to be applied to the redemption of Certificates only if such Net Proceeds, together with funds then on hand in the Rancho Cucamonga Acquisition Account, Rancho Cucamonga Lease Payment Account and Rancho Cucamonga Reserve Account, and proceeds, if any, of the Insurance Policy, are sufficient to prepay the Principal Amount. SECTION 5.10. Abatement of Rental In the Event of Damage or Destruction. The amount of Lease Payments shall be abated, during any period • in which by reason of damage or destruction there •s substantial interference with the use and possession of the Project by the City. The amount of such aoatement shall be agreed upon by the City and Association such that the resulting Lease Payments represent fair consi iration for the use and possession of the portions of the Project not damaged or destroyed; provided, however, that such abatement shall not result so long as moneys In the Rancho Cucamonga Lease Payment Account and the Rancho Cucamonga Reserve Account and Net Proceeds of insurance and rental interruption insurance are sufficient to make Lease Payments when and as due, it being hereby declared that such moneys and Net Proceeds constitute special funds for the payment of Lease Payments. Such abatement or adjustment, if any, shall continue for the period commencing with such damage or destruction and ending with the substantial completion of the work of repair or reconstruction. In the event of any such damage or destruction, this Agreement shall continue in full force and effect and the City waives any right to terminate this Agreement by virtue of any such damage and destruction. SECTION 5.11. Agreement to Pay Trustee's Fees. The City agrees to pay to the Association the City's share of fees and expenses charged to the Association by the Trustee for the performance by the Trustee of its duties under -.e Trust Agreement, such share to be calculated according to the same proportion as the Principal Amount bears to the total principal amount of the Certificates of Participation. The City shall not be obligated to pay any portion of the fees or expenses of the Trustee readily attributable to another City. 17 • 1 . J ARTICLE VI • DISCLAIMER OF WARRANTIES: ACCESS SECTION 6.1. Disclaimer of Warranties. ASSOCIATION MAKES NO WARRANTY OR REPRESENTATION, EITHER - EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY THE CITY OF THE PROJECT OR ANY ITEM THEREOF, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE PROJECT OR ANY ITEM THEREOF. IN NO EVENT SHALL ASSOCIATION BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT, OR THE TRUST AGREEMENT, FOR THE EXISTENCE, FURNISHING, FUNCTIONING OR THE CITY'S USE OF THE PROJECT. SECTION 6.2. City's Right to Enforce Warranties. The City shall have all rights with respect to the warranties of the Contractors with respect to the Project, and the right to enforce such warranties against the Contractors. If Association is ever required or requested by the City to enforce any warranty with respect to the Project on behalf of the City, the City shall reimburse Association for any costs incurred by Association in the enforcement of such warranty, including reasonable attorneys' fees. SECTION 6.3. Association Access to the Protect. The City agrees that Association and any Association Representative, and Association's successors or assigns, shall have the right at all reasonable times to examine and • inspect the Project. The City further agrees that Association, any such Representative. and Association's successors or assigns shall have such rights of access to the Project as may be reasonably necessary to cause the proper maintenance of the Project in the event of failure by the City to perform its obligations hereunder. is 18 ARTICLE VII • ASSIGNMENT, SUBLEASING AND INDEMNIFICATION SECTION 1.1. Assignment by Association. Association's rights under this Agreement, including the right to receive and enforce payment of the Lease Payments to be made by the City under this Agreement, have been assigned to the Trustee pursuant to the Assignment Agreement. SECTION 7.2. Assignment and Subleasing by the City. This Agreement may be assigned or subleased by the City, provided, that any sublease or assignment shall be subject to all of the following conditions; (1) This Agreement and the obligation of the City to make Lease Payments hereunder shall remain obligations of the City; and (ii) The sublessee or assignee shall assume the obligations of the City hereunder to the extent of the interest subleased or assignment; and (iii) The City shall, within thirty (30) days after the delivery thereof, furnish or cause to be furnished to Association and the Trustee a true and complete copy of such sublease or assignment; and (iv) No such sublease or assignment by the City shall cause the • Project to be used for a purpose other than a governmental or proprietary function authorized under the pr-,visions of the Constitution and laws of the State of California; and (v) No such sublease or assignment shall cause the interest component of the Lease Payments due with respect to the Project to become subject to federal or State of California income taxes. SECTION 7.3. Release and Indemnification Covenants. The City shall and hereby agrees to indemnify antl save Association harmless from and against all claims, losses and damages, including legal fees and expenses, arising out of (1) the use, maintenance, condition or management of, or from any work or thing done on the Project by the City, (li) any breach or default on the part of the City in the performance of any of its obligations under this Agreement, (iii) any act or negligence of the City or of any of its agents, contractors, servants, employees or licensees with respect to the Project, (iv) any act or negligence of any assignee or sublessee of the City, or of any agents, contractors, servants, employees or licensees of any assignee or sublessee of the City with respect to the Project, or (v) the delivery, installation and acquisition of the Project or the authorization of payment of the Acquisition Costs by the City. No indemnification is made by the City under this Section or elsewhere in this Agreement for willful misconduct, negligence, or breach of duty under this Lease by Association, its officers, agents, employees, successors or assigns. • 19 ARTICLE VIII • EVENTS OF DEFAULT AND REMEDIES SECTION 8.1, Events of Default Defined. The following shall be "events of default" under this Agreement and the terms "events of default" and "default" shall mean, whenever they are used in this Agreement, with respect to the Project, any one or more of the following events: (i) Failure by the City to pay any Lease Payment or other payment required to be paid hereunder at the time specified herein. (ii) Failure by the City to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in clause (I) of this Section, for a period of thirty (30) days after written notice specifying such failure and requesting that It be remedied has been given to the City by Association, the Trustee, or the Owners of not less than twenty -five percent (25X) in aggregate principal amount of Certificates then outstanding; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Association, the Trustee and such Owners will not unreasonably withhold their consent to an extension of such time if corrective action is instituted by the City within the applicable period and diligently pursued until the default Is corrected. • (iii) The filing by the City of a voluntary petition in bankruptcy, or failure by the City prompt' / to lift any execution, garnishment or attachment, or adjudication or the City as a bankrupt, or assignment by the City for the benefit of creditors, or the entry by the City into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of a petition applicable to the City in any proceedings instituted under the provisions of the Federal Bankruptcy Statute, as amended, or under any similar acts which may hereafter be enacted. SECTION 8.2. Remedies on Default. Upon the occurrence and continuance of any event of default specified In Section 8.10) or 8.1(iii>, Association shall proceed, and upon the occurrence of any event of default specified in Section 8.1(ii), may proceed, and upon written request of the Owners of not less than a majority in aggregate principal amount of Certificates then outstanding shall proceed, to: (i) Protect and enforce this Agreement by such judicial proceeding as the Association or its assignee shall deem most effectual, either by suit in equity or by action at law, whether for the specific performance of any covenant or agreement contained in this Agreement, or in aid of the exercise of any power granted In this Agreement, or to enforce any other legal or equitable right vested in the Association or Its assignee by this Agreement or by law; or • 20 /i 3 (il) Take possession of the Project and exclude the City from • using it until the default is cured, holding the City liable for the Lease Payments and other amounts payable by the City prior to such taking of the Project under and pursuant to the Agreement and the curing of such default; or (iii) Take whatever action at law or in equity may appear necessary or desirable to enforce its rights as the owner of the Project, including termination of this Agreement and the repossession and sale of the Project; provided the Trustee shall not terminate the City's Lease Agreement without obtaining the consent of the Insurer, except where such termination results from failure by the City to pay its Lease Payments, or results from the City's failure to budget, appropriate or otherwise make funds lawfully available to pay Lease Payments due in any fiscal year of the Ci!y. SECTION 8.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to Association Is Intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or In equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Association to exercise any remedy reserved to it in this Article, it shall not be necessary to give any notice, other than such notice as may be required in this Article or by law. SECTION 8.4. Agreement to Pay Attorneys' `ees and Expenses. in the • event either party to this Agreement should :efault under any of the provisions hereof and the nondefaulting party should employ attorneys or incur other expenses for the collection of moneys or the enforcement or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable fees of such attorneys and such other expenses so incurred by the nondefaulting party. SECTION 8.5. No Additional Waiver Implied by One Waiver, In the event any covenant contained In this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the Particular breach so waived and shall not be deemed to valve any other breach hereunder. 21 • • ARTICLE IX MISCELLANEOUS SECTION 9.1. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed to have been received 48 hours after deposit in the United States mail in registered or certified form with postage fully prepaid: If to the City: If to Association: Southern California Association of Governments 600 Commonwealth Avenue Los Angeles, CA 90005 If to Trustee: First Interstate Bank of California 400 California Street, 9th Floor San Francisco, CA 94104 If to Insurer: Fireman's Fund Insurance Company 777 San Marin Drive Novato, California 94998 is Attention: �Indncidl Insurance Dept. "unicipal Section Trustee, Insurer, Association and the City, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent. SECTION 9.2. Binding Effect, This Agreement shall inure to the benefit of and shall be binding upon Association and the City and their respective successors and assigns. SECTION 9.3. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. SECTION 9.4. Amendments, Changes and Modifications. this Agreement may be amended or any of Its terms modified with the written consent of the City and Association: provided, that no such amendment shall become effective unless approved by the Trustee. • 22 SECTION 9.5. Net - net -net Lease. This Agreement shall be deemed and • construed to be a "net- net -n- eTe" and the City hereby agrees that the Lease Payments shall be an absolute net return to Association, free and clear of any expenses, charges or set -offs whatsoever. SECTION 9.6. Further Assurances and Corrective Instruments. Association and the City agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Project hereby leased or intended so to be or for carrying out the expressed Intention of this Agreement. SECTION 9.7. Execution in Coun teroa rts. This Agreement may be executed in several counterparts, each of which Shall be an original and all of which shall constitute but one and the same instrument. SECTION 9.8. A livable Law. This Agreement shall be governed by and construed in accordance with the aws of the State of California. SECTION 9.9. .Association and City Representatives. Whenever under the provisions of this Agreement the approval of Association or the City is required, or Association or the City Is required to take some action at the request of the other, such approval or such request shall be given for Association by a Association Representative and for the City by a City Representative, and any party hereto shall be authorized to rely upon any such approval or request. • SECTION 9.10. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or Section of this Agreement. 23 • IN WITNESS WHEREOF, Association has caused this Agreement to he executed • in its corporate name by its duly authorized officer; and the City has caused this Agreement to be executed in its name by Its duly authorized officers and sealed with its corporate seal, as of the date first above written. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS By Executive Director CITY OF RANCHO CUCAMONGA, CALIFORNIA By (S E A L) Attest: • City Approved as to legality and form: City Attorney • 24 /;7 2505M UHHW:WHM:mym 10/27/84 RESOLUTION N0, RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF LEASE FINANCING DOCUMENTS WHEREAS, the Southern California Association of Governments (SLAG) is empowered under Article 1, Section (F) of its By -Laws to assist local Agency members in the acquisition of real and personal property convenient or necessary for the operation of the members by entering into such financing agreements as are necessary to accomplish the pooling and Common marketing of such agreements or Certificates of participation in order to reduce the cost to members of the acquisition of such real or personal property; and WHEREAS, the cities Of Claremont, Grand Terrace, Placentia, Rancho Cucamonga and Riverside (the "Cities ") are Members of SCAG; and WHEREAS, the Cities are proposing to proceed with tease financing of certain property described in the draft preliminary official statement (as herein below referred to) ( "Projects ") and it is in the public interest and for the public benefit and the benefit of its Members that SCAG authorize and direct execution of the financing documents in connection therewith; and • WHEREAS, the documents below specified have been filed with the office of the Director of Programming and Management and General Legal Counsel of SCAG, and the Executive Committee of SCAG, with the aid of its staff, has reviewed Said documents; NOW, THEREFORE, BE IT RESOLVED by the Executive Committee of the Southern California Association of Governments that: 1. The below- enumerated documents be and are hereby approved, and the President, or Vice President, is hereby authorized and directed to execute said agreements: (a) separate Lease Agreements relating to each of the Projects, between SCAG, as Lessor, and each of the Cities, as Lessees; (b) a Trust Agreement relating to the financing of the acquisition of the Projects and the execution and delivery of the Certificates of Participation in the lease payments to be made by the Cities under the Lease Agreements, between a trustee to be chosen by the Lessees and SCAG (the "Trustee "), SCAG and the Cities; C, J (c) separate Agency Agreements, relating to the appointment by • SCAG of each Of the Cities as its agent to carry out all phases of the supervision of the acquisition and installation of their respective Projects, between SCAG and the Cities; (d) an Assignment Agreement, between SCAG and the Trustee relating to the assignment of SCAG's rights under the various Lease Agreements in order to cause the Trustee to deposit the proceeds of the sale of certificates into the various funds and accounts established under the Trust Agreement. (e) Any Acquisition Agreements necessary to transfer title to property acquired by any of the Cities in contemplation of the financing from such Cities to SCAG, and any Assignment Agreements necessary to transfer rights under any purchase contracts entered into by any of the Cities in Contemplation of the financing from Such Cities to SCAG. 2. Said documents are subject to minor revision not Inconsistent with the essential terms thereof, provided such revisions are approved by SCAG's General Legal Counsel and Jones Wall Hill G White, A Professional Law Corporation, special counsel. 3. The President, Vice President and other appropriate officers of SCAG. are hereby authorized and directed to executed such other documents and certificates as may be necessary to effect the purposes of this resolution and the lease financing herein authorized. • 4. This resolution shall take effect immediately upon its passage. PASSED AND ADOPTED, this _ day of , 1984. 2 • 2524M J JHHW:WHM:dc 10/29/84 AGENCY AGREEMENT by and between SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS • and CITY OF RANCHO CUCAMONGA Dated as of December 1, 1984 n \J AGENCY AGREEMENT THIS AGENCY AGREEMENT, made and entered into as of the first day of December. 1984, by and between Southern California Association of Governments, a California joint powers agency ( "Association "), and the City of Rancho Cucamonga, California (the "City"): WITNESSETH: WHEREAS, the Association and the City have entered into a Lease Agreement (the "Lease Agreement ") dated the date hereof, pursuant to which the Association agrees to lease that certain equipment described in Exhibit B to the Lease Agreement (the "Project ") to the City; and WHEREAS, it is in the interest of the parties hereto that Association appoint the City as its agent for the purposes of acquiring and installing the Project and Association has agreed in the Lease Agreement to appoint the City as its agent for said purposes; NOW, THEREFORE. in the joint and mutual exercise of their power, and in consideration of the above premises and of the mutual covenants herein contained and for other valuable consideration, the parties hereto DO HEREBY • AGREE as follows: Section 1. Definitions. The terms capitalized in this Agency Agreement shalt have the meanings ascribed to them in the Lease Agreement. Section 2. Appointment of Lessee. Association hereby appoints the City as its agent to carry out all phases of the supervision and installation of the Project, which installation shall be in accordance with the procedures described in the Lease Agreement and the Trust Agreement. The City, as agent of Association, assumes all rights, liabilities, duties and responsibilities of Association regarding supervision and installation of the Project. Section 1. Contracts and Payments. The City, as agent, may enter into any purchase orders or contracts required for completion of the Project upon being assured that monies sufficient for the payment thereof are then on deposit In the Rancho Cucamonga Acquisition Account created pursuant to Section 402 of the Trust Agreement. If the City shall enter into any such contracts or purchase order for which such monies are not available, it shall oe solely responsible for payment thereof. Section 4. Project Description. The City, as agent of Association, shall have the right to make any changes In the description of the Project or of any component or components thereof, whenever the City deems such changes to be necessary; provided, however, that any such change shall not reduce the • j� value of the Project or substantially alter the nature of the Project, and • that no increase in the Acquisition Costs shall result from such change, unless the City shall deposit in the Rancho Cucamonga Acquisition Account an amount sufficient to pay such increase. Section S. Supervision of Installation. The City, as agent of Association, shall have sole responsibility for and shall supervise the installation of the Project and purchase and installation of any personal property related thereto and monitor the performance of the Contractors. Section 6. Enforcement of Contract. Association hereby assigns to the City all rights and powers to enforce in its own name or the name of Association such purchase orders or contracts as are required for installation, purchase and completion of the Project, which enforcement may be at law or in equity; provided, however, that the assignment by Association shall not prevent Association from asserting said rights and powers in its own behalf. Section 7. Completion of Acquisition and Installation. Within thirty days of completion of acquisition and installation of the Project, the City shall deliver to the Trustee a Certificate of Completion, in accordance with Section 3.2 of the Lease Agreement. Section 8. Release and Indemnification Covenants. The City shall and hereby agrees to indemnify and save Association harmless from and against all claims, losses and damages, including legal fees and expenses, arising out of M the use, maintenance, condition or management of, or from any work or • thing done on the Project by the City, (il) any breach or default on the part of the City in the performance of any of its obligations under this Agreement, (iii) any act or negligence of the City or of any of its agents, contractors, servants, employees or licensees with respect to the Project, (iv) any act or negligence of any assignee or sublessee of the City, or of any agents, contractors, servants, employees or licensees of any assignee or sublessee of the City with respect to the Project, or (v) the delivery, installation and acquisition of the Project or the authorization of payment of the Acquisition Costs by the City. No indemnification is made under this Section or elsewhere in this Agreement for willful misconduct, negligence, or breach of duty under this Agency Agreement by Association, its officers, agents, employees, successors or assigns. Section 9. Effective Date. This Agreement shall become effective as of the date of Its approval by Association and the City. • _ IN WITNESS WHEREOF, Association and the City have caused this Agreement to be executed in their respective names by their duly authorized officers, all as of the date first above written. [SEAL] Attest: • • City ClerK SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS By: Director of Programming and Evaluation THE CITY OF RANCHO CUCAMONGA By: r1 L—A DRAFT MARKED YO SHOT C! 1ANGES s SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS CERTIFICATES OF PARTICIPATION (Cities of Claremont, Grand Terrace, Placentia, Rancho Cucamonga and Riverside, California) CERTIFICATE PURCHASE AGREEMENT Southern California Association of Governments 600 South Commonwealth Avenue Los Angeles, California 90005 Ladies /Gentlemen: November 1984 We, the undersigned (collectively, the "Under- 40 writer "), hereby offer to enter into this Certificate Purchase Agreement with you,.1outhern_ California Association of • underwriter 5nd sa a by you o the Certificates of Participation in the lease payments from certain cities toAthe Association specified below. This offer is made subject td acceptance DY the Association and said Cities prior to 11:59 o'clock P.M., Cal ornia time, on the date hereof, and upon such acceptance this Certificate Purchase Agreement (the "Purchase Agreement ") shall be in full force and effect in accordance with its terms and shall be binding upon the parties hereto. n 1. Upon the terms and conditions and upon the basis of the representations set forth herein the Underwriter hereby agrees to purchase from the Association and the Asso . cation hereby agrees to sell to the Underwriter all (but noL easthan all) of the $ aggregate principal amount of the Southern California Association of Governments Certificates of Participation (Cities of Claremont, Grand Terrace, Placentia, Rancho Cucamonga and Riverside, California) (the "Certificates "), dated December 1, 1984 (the Certificates being more fully described in the Official Statement hereinafter described), each evidencing proportionate interests of the holders thereof in the Lease Payments to be paid by the Cities LAN4 -8 You authorize the use of copies of the Official Statement, the Trust Agreement, the Assignment Agreement, the Agency Agreements, the Lease Agreements and the insurance policy (the "Policy ") of Fireman's Fund Insurance Company (the "Insurer "), securing the payment by the Zties of their respective Lease Payments in connection with the public offering and sale of the Certificates. You hereby ratify the prior distribution of the Preliminary official Statement by the • LAW4 -9 • (the "Lease Payments "), pursuant to the several Lease Agreements, dated as of December 1, 1984 (collectively, the "Lease Agreements ") between the Cities and the Association, at an aggregate purchase price of $ , being percent of the par value of the Certificates, plus interest accrued thereon from December 1, 1984, to the date of the Closing referred to in Section 5 hereof. The Certificates shall be as described in, and shall be executed, delivered and secured under and pursuant to the Trust Agreement, dated as of December 1, 1984 (the "Trust Agreement ") among >;irst Interstate Bank of California,_.. as Trustee (the "Trustee " 1, the Cities and the Association. a Certificates shall represent principal components of the Lease Payments, maturing on the dates and in the amounts set forth in Exhibit B hereto, and shall represent interest components of the Lease Payments, bearing interest from December 1, 1984, at the rates set forth in Appendix 8 hereto, payable August 1, 1985, and semiannually thereafter on each February 1 and August 1, through and including August 1, 1994. The Underwriter agrees to make a public offering of the Certificates at the initial offering prices as set forth in the Official Statement hereinafter described, which prices may be changed from time to time by the Underwriter. The obligation to purchase the Certificates shall be the joint and several obligation of both Merrill Lynch Capital Markets and Kelling S Co., Inc. • 2. The Cities shall deliver or cause to be delivered to us, promptly after their acceptance hereof, two copies of the Official Statement relating to the Certificates substantially in the form of the Preliminary Official Statement dated November 16, 1984 (the "Preliminary Official Statement "), with only such changes therein as shall have been accepted by us (the Official Statement dated November , 1984, including the cover page and all appendices thereto, being herein referred to as the "Official Statement," except that if the Official Statement shall have been amended between the date hereof and the date of Closing referred to in Section 5 hereof, the term "Official Statement" shall refer to the Official Statement as so amended), and approved for distribution by respective resolutions of the Cities and the Association. You authorize the use of copies of the Official Statement, the Trust Agreement, the Assignment Agreement, the Agency Agreements, the Lease Agreements and the insurance policy (the "Policy ") of Fireman's Fund Insurance Company (the "Insurer "), securing the payment by the Zties of their respective Lease Payments in connection with the public offering and sale of the Certificates. You hereby ratify the prior distribution of the Preliminary official Statement by the • LAW4 -9 • Underwriter. The Trust Agreement and each of the Lease Agreements shall be executed and delivered substantially in the forms heretofore delivered to us, with only such changea therein as shall be mutually agreed upon by the parties thereto and us. 3. The Association represents to and agrees with the Underwriter that: (a) the Association is and will be at the date of Closing �oublic instrumentality of the State of California, with the full power and authority (i) to enter into and perform the Trust Agreement, the Lease em Agreents, the Assignment Agreement the Acency Aoreemente and this Purchase Agreement (ii) to deliver the Certificates pursuant to the Trust Agreement and this Purchase Agreement, and (iii) to carry out and consummate the transactions contemplated by this Purchase Agreement, the Trust Agreement, the Assignment Agreement, the Lease Agreements, the Agency Agreements and the Official Statement; (b) when delivered to and paid for by the Under- writer at the Closing in accordance with the provisions of this Purchase Agreement, the Certificates will have been duly executed, sold and delivered and will be entitled to the benefit and security of the Trust Agreement; (c) to the best knowledge of the Aaaegiation, after reasonable investigation, the execution and delivery of the Trust Agreement, the Lease Agreements, the Asaianment A regiment the A enc A regiments, the Certificates �pQ areement an compliance on the messier +nn s part contained with the provisions therein, will not conflict with or constitute a breach of or default under any law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Association is a party or is otherwise subject, nor will any sup execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the properties or assets of the Association under the terms of any such law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument, except as provided by the Trust Agreement, ha A ens eem , the Assignment Agreement, an t • ease greaments; "W4-B 0 (d) to the best knowledge of the Association, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental agency, public board or body, pending or threatened against the Association affecting the existence of the Association or the titles of its officers to their respec- tive offices or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the Certificates or the collection of rov;nues pledged or to be pledged to pay the principal components o£, premium, if any, and interest components represented by the Certificates, or the pledge thereof, or in any way contesting or affecting the validity or enforceability of the Trust Agreement, the Assignment Agreement, the Lease Agreements, the Certificates or this Purchase Agreement, or contesting the powers of the Association or its authority to issue, enter into, adopt or perform its obligations under any of the foregoing, wherein an unfavorable decision, ruling or finding would materially adversely affect the validity or enforceability of the Trust Agreement, the Agency Agreements, the Assignment Agreement, the Lease Agreements, the Certificates or this Purchase Agreement; and (e) the Association will furnish such information, • execute such instruments and take such other action in cooperation with the Underwriter as the Underwriter may reasonably request in order (1) to qualify the Certifi- cates for offer and sale under the 81:e Sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate and (2) to determine the eligibility of the Certificates for investment under the laws of such states and other jurisdictions, and will use its beat efforts to continue such qualification in effect so long as required for distribution of the Certificates; provided, however, that in no event shall the Association be required to take any action which would subject it to general or unlimited service of process in any jurisdiction in which it is not now so subject. The execution and delivery of this Purchase Agreement by the As�shall constitute a representation by the Association to t • Underwriter that the representations and warrantins contained in this Section 3 are true as of the data hereof; provided that as to information furnished by the Cities pursuant to this Purchase Agreement ndthft Statement, the Assoc n is relying on such iOn information in making the AsioCiat s representations and 11 LAW4 -8 0 warranties; and as to all matters of law the Association is relying either on such information furnished by the Cities or on the advice of counsel to the Association; and provided further that no director, officer or employee of the A,q�c+a^ion shall be individually liable for the breach of any representation or warranty made by the Assoc motion in thin Section 3. If any of the provisions in this Section shall for any reason be held to be invalid, illegal at unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions contained in this Purchase Agreement and such invalidity, illegality or unenforceability shall not affect any other provision of this Purchase Agreement, and this Purchase Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. The Association hereby declares that it would have entered into this Purchase Agreement and each and every other .�petion, paragraph, sentence, clause or phrase hereof irrespective of the fact that any one or more provisions of this Section of this Purchase Agreement may be held illegal, invalid or unenforceable. 4. Each City represents and warrants to the Underwriters that: (a) Such City is a municipal cooperation duly organized and existing pursuant to __e Constitution and laws of the State of California and has all necesaary Power and authority to enter into and perform its duties under its Lease Agreement, the Trust Agreement, its Agency Agreement and this Purchase Agreement, and, when executed and delivered by the respective parties thereto, its Lease Agreement, the Trust Agreement, its Agency Agreement and this Purchase Agreement will constitute legal, valid and binding obligations of such City in accordance with their respective terms. (b) The execution and delivery of this Purchase Agreement, such City's Lease Agreement, its Agency Agreement and the Trust Agreement, and compliance with the various provisions thereof, will not conflict with, or constitute a breach of or default under, such City's duties under said documents or any law, administrative regulation, court decree, resolution, charter, by -laws or other agreement to which such City is subject or by which it is bound. (c) Except as may be required under the securities or blue sky laws of any state, there is no consent, approval, authorization or other order of, filing with, or LAN4 -a 0 certification by, any regulatory authority having Jurisdiction over such City required for the execution, delivery and sale of the Certificates or the consummation by such City of the other transactions contemplated by this Purchase Agreement. (d) There is no action, suit, proceeding or investigation at law or in equity before or by any court or governmental agency or body pending or, to the beat knowledge of such City, threatened, against such City, nor to the best knowledge of such City is there any basis therefor, to restrain or enjoin the execution or delivery of the Certificates, or the collection of the Lease Payments to be made pursuant to its Lease Agreement, or in any way contesting or affecting the validity of this Purchase Agreement, the Trust Agreement, its Agency Agreement, the Certificates, the Assignment Agreement, the Policy or such City's Lease Agreement or contesting the powers of such City to enter into or perform its obligations under any of the foregoing. (e) The information under the headings "Estimated Use of Proceeds," "Description of the Projects," "The Cities" and "Absence of Litigation" contained in the • Preliminary Official Statement was, and in the official Statement is, true and correct in all material respects and such information does not contain any untrue or misleading statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, except that no City shall be deemed to have made such representation concerning Cities other than itself or concerning Projects other than its Project. (f) Each City agrees to cooperate with the Underwriters in endeavoring to qualify the Certificates for offering and sale under the securities or blue sky laws of such jurisdictions of the United States as the Underwriters may request; provided, however, that in no event shall the City be required to take any action which would subject it to general or unlimited service of process in any jurisdiction in which it is not now so subject. S. The Underwriter's obligations under this Purchase Agreement are and shall be subject to the receipt on or prior to the date of the Official Statement of copies of the audited financial statements for each of the Cities for their rI LAM4 -B 0 most recently completed fiscal years, together with Such interim unaudited financial information as may be reasonably requested by the Underwriter. S. At 9:00 o'clock a.m., California time, on December 6, 1984, or at such other time, or on such earlier or later date upon which we may mutually agree (the "Closing "), the Trustee will deliver or cause to be delivered to us, at the offices of Buchalter, Nester, Fields, Chrystie & younger, a Professional Corporation, Los Angeles, California, or at such other place as we may mutually agree upon, the Certificates in definitive form (all of the Certificates to be lithographed with steel engraved borders), duly executed and authenticated by the Trustee, together with the other documents mentioned herein. It is anticipated that CUSIP identification numbers will be printed on the Certificates, but neither the failure to print such number on any Certificates, nor any error with respect thereto shall constitute cause for a failure or refusal by the Underwriter to accept delivery of and pay for the Certificates in accordance with the terms of this Purchase Agreement. All expenses in relation to the printing of CUSIP numbers on said Certificates and the CUSIP Service Bureau charge for the assignment of said numbers shall be paid for by • the Trustee. The Underwriter will accept such delivery and pay the purchase price thereof as set forth in Section 1 hereof by certified or official bank check or checks :n immediately available funds to the order of the Trustee, in an amount equal to the purchase price. The Certificates or temporary Certificates will be made available for checking and packaging one business day prior to the Closing at an office which we may mutually agree upon. 7. The Underwriter hereby enters into this Purchase Agreement in reliance upon the representations and warranties of the Trustee and each of the Cities contained herein and in reliance upon the representations and warranties to be contained in the documents and instruments to be delivered at the Closing and upon the performance by the Trustee and the Cities of their respective obligations hereunder, both on and as of the date hereof and as of the date of the Closing. Accordingly, the Underwriter's obligations under this Purchase Agreement to purchase, to accept delivery of and to pay for the Certificates shall be conditioned upon the performance by the Trustee and the Cities of their respective obligations to be performed hereunder and under such documents and instruments at or prior to the Closing, and shall also be subject to the following additional conditions: LAW4 -B (a) the representations and warranties of the Trustee and each of the Cities contained herein, shall be true, complete and correct on the date hereof and as of the Closing, as if made on and at the Closing; (b) at the Closing, the Trust Agreement, the Lease Agreement and the Official Statement shall have been executed and delivered, shall be in full force and effect and shall not have been amended, modified or supplemented except as may have been agreed to in writing by us; and there shall be in full force and effect such resolutions as, in the opinion of Jones Hall Hill & White, Professional Law Corporation, San Francisco, California ( "Special Counsel "), shall be necessary in connection with the transactions contemplated hereby; (c) the Underwriter shall have the right to cancel its obligation to purchase the Certificates if between the date hereof and the Closing, (i) legislation shall have been enacted by the Congress of the United States or the Legislature of the State of California or shall have been reported out of committee of either body or be pending in committee of either body, or a decision shall have been rendered by a court of the United States or of the State • of California or the Tax Court of the United States, or a ruling shall have been made or a requlation or temporary regulation shall have been proposed or made or any other release or announcement shall have been made by the Treasury Department of the United States or the Internal Revenue Service or by the California Franchise Tax Board or by any other State of California agency or department, with respect to Federal or California taxation upon revenues or other income of the general character to be derived by the Trustee or upon interest received on obligations of the general character of the Certificates, which in the reasonable judgment of the Underwriter, materially adversely affects the market for the Certificates, or (ii) there shall exist any event which, in the reasonable judgment of the Underwriter, either (a) makes untrue or incorrect in any material respect as of such time any statement or information contained in the official Statement or (b) is not reflected therein in the Official Statement but should be reflected therein in order to make the statements and information contained therein not misleading in any material respect, or (iii) there shall have occurred any outbreak of hostilities or other national or international calamity or crisis, the effect of such outbreak, calamity or crisis on the financial markets of the United States being such as, in • LAW6 -B S the reasonable judgment of the Underwriter, would make it impracticable for the Underwriter to market or enforce contracts for the sale of the Certificates, or (iv) there shall be in force a general suspension of trading on the New York Stock Exchange or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on the New York Stock Exchange, whether by virtue of a determination by that Exchange or by order of the Securities and Exchange Commission or any other governmental authority having jurisdiction, or (v) a general banking moratorium shall have been declared by either Federal, California or New York authorities having jurisdiction and be in favor, or (vi) there shall be any material adverse change in the affairs of the Trustee, any of the Cities or the Association, or (vii) there shall be established any new restriction on transactions in securities materially affecting the free market for securities (including the imposition of any limitation on interest rates) or the extension of credit by, or the charge to the net capital requirements of, underwriters established by the New York Stock Exchange, the Securities and Exchange Commission, any other Federal or State agency • of the Congress of the United States, or by Executive Order, or (viii) an adverse event affecting any of the Projects, the Association, or any of the Cities occurs which, in the reasonable judgment of the Underwriter requires or has required a supplement or amendment to the Official Statement; (d) at or prior to the Closing, we shall receive the following documents, in each case satisfactory in fore and substance to us and our counsel: (1) the unqualified approving opinion, dated the data of Closing, of Special Counsel, sub- stantially in the form attached hereto as Exhibit H, accompanied by a supplementary opinion of Special Counsel, dated the date of Closing, substantially to the effect that (i) the Purchase Agreement has been duly approved by the City; (ii) the statements contained in the Official Statement in the sections thereof entitled: "The Certificates," "Luse Agreements," "Trust Agreement," "Assignment Agreement," "Agency Agreement" and "Tax Exemption" (insofar as such statements purport to summarize certain provisions of the legal documents and the Certificates), present an accurate summary of such provisions; and (iii) the Certificates are exempt • LAW4 -B 0 from registration pursuant to the Securities Act of 1933, as amended, and the Trust Agreement is exempt from qualification as an indenture pursuant to the Trust Indenture Act of 1939, as amended; (2) the opinions of the City Attorneys of each of the Cities, dated the date of Closing, to the effect that (i) the City is a general Law /charter city and municipal corporation duly organized and validly existing under the Laws of the State of California; (ii) the Official Statement has been duly authorized, executed and delivered by the City and the information therein as to the City and the City's obligations under the Trust Agreement, the Agency Agreement and the Lease Agreement is correct and does not omit any statement which, in such counsel's opinion, should be included or referred to therein; (iii) the resolution of the City approving and authorizing the execution and delivery of the Official Statement, the Agency Agreement, the Trust Agreement, the Lease Agreement and approving this Purchase Agreement was duly adopted at one or more meetings of the City Council of the City which were called and held pursuant to law and with all public • notice required by law and at wh::h a quorum was present and acting throughout; (Lv) there is no action, suit, proceeding or investigation at Law or in equity before or by any court, public board or body, pending or, to the best of his knowledge, threatened against or affecting the City, to restrain or enjoin the payment Of the Lease Payments under the Lease Agreement or in any way contesting or affecting the validity of the Trust Agreement, the Lease Agreement or the Agency Agreement wherein an unfavorable decision, ruling or finding would adversely affect the validity and enforceability of the City's obligations under the Trust Agreement, the Lease Agreement or the Agency Agreement; (v) the execution and delivery of the Trust Agreement, the Lease Agreement and the Agency Agreement or the approval of this Purchase Agreement, and compliance with the provisions thereof, under the circumstances contemplated thereby, do not and will not in any material respect conflict with or constitute on the part of the City a breach of or default under any agreement or other instrument to which the City is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the City is subject; (vi) the Trust Agreement, the LAN4 -6 10 0 Lease Agreement and the Agency Agreement have been duly authorized, executed and delivered by the City, and constitute legal, valid and binding agreements of the City enforceable in accordance with their respective terms, except as the enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors' rights generally; (vii) no authorization, approval, consent, or other order of the State of California or any other governmental authority or agency within the State of California is required for the valid authorization, execution and delivery of the Trust Agreement, the Lease Agreement, the Official Statement, the Agency Agreement and the approval of this Purchase Agreement; and (viii) the representations and warranties of the City as set forth herein are, as to all matters of law and after reasonable investigation, true and accurate at and as of the date of Closing as though made on such date; and such representation and warranties are, as to all other matters, true and accurate to the best knowledge of such counsel at and as of the date of Closing as though made on such date; • (3) the opinion of counsel to the Trustee, dated the date of Closing, to the effect that (i) tie Trustee is a y=ate banking coropratiQn duly organized and validly existing under the laws of the State of (ii) the general signature resolution of the Trustee approving and authorizing the execution and delivery of certain documents by certain officers of the Trustee, which resolution authorizes the execution and delivery of the Certificates, the Trust Agreement, the Assignment Agreement and this Purchase ,agreement, was duly adopted at meetings of the governing body of the Trustee; (iii) there is no action, suit, proceeding or investigation at law or in equity before or by any court, public board or body, pending or, to the best of their knowledge, threatened against or affecting the Trustee to restrain or enjoin the execution or delivery of the Certificates or the collection of revenues pledged under the Trust Agreement or the assignment of the Lease Agreements under the Assignment Agreement, in any way contesting or affecting any authority for the sale of the Certificates or the validity of the Certificates, the Trust Agreement, the Assignment Agreement, the Lease Agreements, or this Purchase Agreement, or in any way contesting the existence or 0 LAW4 -s 11 0 Powers of the Trustee with respect to the sale of the Certificates or the security therefor wherein an unfavorable decision, ruling or finding would adversely affect the transactions contemplated by the^ Assignment Agreement or the Lease Agreements or the validity of the Certificates; (iv) the execution and delivery of the Certificates, the Trust Agreement and the Assignment Agreement and compliance with the provisions thereof, und2i the circumstances contemplated thereby, do not and will not in any material respect conflict with or constitute on the part of the Trustee a breach of or default under any agreement or other instrument to which the Trustee is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Trustee is subject; (v) the Trust Agreement an the Assignment Agreement, have been duly authorized, executed and delivered 52 the Trustee and constitute valid and binding agreements of the Trustee, enforceable in accordance with their terms except as ene enforcement thereof may be limited by bankruo tcv. ineo lvenev. or other Lws affecting the enforcement of creditors' rights ene,%i tc and ex opinion eee be expressed e av lt b ithlait t y no f •equitable remedies, if any are sc•_aht: (4) the opinion of Buchalter, Nemer, Fields, Chrystia S, Younger, a Professional Corporation, Los Angeles, California, counsel for the Underwriter, dated the date of Closing, to the effect that (a) the Certificates are exempt from registration under the Securities Act of 1933, as amended, and the Trust Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended; and (b) nothing has come to their attention which would lead them to believe that the Official Statement (excluding therefrom the financial statements and the statistical data included in the Official Statement, as to which no opinion need be expressed) contains an untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they ware made, not misleading; (S) a certificate or certificates, dated the date of Closing, signed by the City Attorney of each of the Cities in form and substance satisfactory to • LAN4 -8 12 /y 0 us, to the effect that to the best of his or her knowledge (a) no litigation is pending or threatened (i) to restrain or enjoin the delivery of any of the Certificates-or the collection of Lease Payments pledged under the Trust Agreement, (ii) in any way contesting or affecting the validity of the Certificates, the Lease Agreements, the Trust Agreement or the City's Letter of depresentaticn, or (iii) in any way contesting the existence or powers of the City; and (b) no event affecting the City has occurred since the date of the official Statement which either makes untrue or incorrect in any material respect as of the date of Closing any statement or information concerning the City contained in the Official Statement or is not reflected in the Official Statement but should be reflected therein in order to make the statements and information therein concerning the City not misleading in any material respect; LAW4 -B 13 (6) a certificate of the finance director or similar official of each of the Cities, dated the date of the Closing, substantially to the effect that nothing has come to his or her attention which would • lead said official to belief that, as to the financial information and statistical data included in the Official Statement (except in Appendix A thereto, as to which no belief is expressed), the material contained therein relating to such City contains any untrue statement of material fact or omits to state any material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, said certificate otherwise being in form and substance acceptable to Special Counsel and counsel to the Underwriters; (7) a certificate of an authorized officer of the Association dated the date of Closing, confirming as such date, the representations and warranties of the Association contained in this Purchase Agreement (other than those contained in the opinion of counsel to the Association referred to in Section 6(d)(3)); (B) two copies of the Trust Agreement, each Lease Agreement ea��h one A eem nt s d th Assi ceseent Aartmen r�� as. n o .,r.�.,�sd by the parties thereto; LAW4 -B 13 0 (9) two definitive copies of the Official Statement, executed on the behalf of each of the Cities by the Treasurer, City Manager, or other designated official of ytilLCity and on behalf of the ,association by the Pre! dent of the Association; (lo) two certified copies of the general resolution of the Trustee authorizing the execution and delivery of certain documents by certain officers of the Trustee, which resolution authorizes the execution and delivery of the Certificates, the Trust Agreement Assignment Agreement and this Purchase .agreement; (11) two certified copies of the resolution of each of the Cities authorizing the execution and delivery of the Trust Agreement, L.j Lease Agreement, its AaencI Agreement, the Official Statement and approving this Purchase Agreement; (12) two copies of the Joint Powers Agreement of the Association and two certified copies of the Association's by -laws and resolutions of its Board of Directors authorizing the execution and delivery of • the Trust Agreement, the Agency Agreements, the Assignment Agreement the Lease - .greemencs an approving the 0 f� i- 1 Statement and this Purchase Agreement; (13) two copies of the Policy, executed by the authorized representatives of the Insurer, together with evidence satisfactory to the Underwriters, which may be in the form of an opinion of counsel to the Insurer, that the Policy is the valid, legal and binding obligation of the surer, enforceable in accordance with its terms, except to the extent that enforcement thereof may be limited by bankruptcy, reorganization, insolvency, moratorium or other Laws or equitable principles affecting the enforcement of creditors' rights generally, said evidence otherwise being in form and substance acceptable to Special Counsel and to counsel for the Underwriters; (14) the opinion of counsel to the Association, dated the date of the Closing, as to the due authorization, execution and delivery by the Association of the Lease Agreements, the Trust Agreement, the Assignment Agreement and the Agency Agreements, as to the legal, valid and binding nature • LAW4 -a 14 • n U thereof and as to the enforceability thereof in accordance with their terms, except to the extent that enforcement thereof may be limited by bankruptcy, reorganization, insolvency, moratorium or other laws or equitable principles affecting the enforcement of creditors' rights generally, said opinion otherwise being in form and substance acceptable to Special Counsel and to counsel for the Underwriters; (15) evidence satisfactory to us of various Project invoices and contracts with respect to the Projects as described in the Official Statement, accompanied by a certificate of an authorized officer of the affected City that the copies are true and accurate copies, that the same are in full force and effect and provide for the acquisition and installation of the Projects as described in the Official Statement at the prices set forth in the Official Statement; (18) two copies of the Preliminary Slue Sky Survey, dated as of November _, 1984, prepared by our counsel; (1a such additional legal opinions, certifi- cates, proceedings, instruments and other documents as we or Special Counsel may reasonably request to evidence compliance by the Trustee, the Cities and the Association with legal requirements, the truth and accuracy, as of the time of Closing, of the representations of the Cities and the Association herein and in the OffYC2a1 Statement and the due performance or satisfaction by the Trustee, the Cities and the Association at or prior to such time of all agreements then to be performed and all conditions then to be satisfied by the Trustee, the Cities and the Association. If the Association shall be unable to satisfy the conditions to the UndeiwritsF a obligations contained in this Purchase Agreement or if the Underwriter's obligations shall be terminated for any reason permitted herein, this Purchase Agreement shall terminate and neither the Underwriter LAW4 -8 is E nor the Association shall have any further obligation hereunder. In the event that the Underwriter fails (other than for a reason permitted by this Purchase Agreement) to accept and pay for the Certificates at the Closing, the amount of one percent (1;) of the principal amount of the Certificates shall be full Liquidated damages for such failure and for any and all defaults hereunder on the part of the Underwriter, and the acceptance of such amount shall constitute a full release and discharge of all claims and rights of the Trustee, the Cities and the Association against the Underwriter. S. All reasonable expenses and costs of the Association incident to the performance of its obligations in connection with the execution, delivery and sale of the Certificates to the Underwriter, including the cost of printing of the Certificates (and full execution thereof), the Preliminary Official Statement, the Official Statement and the Blue Sky Survey, in reasonable quantities, fees of consultants, fees of rating agencies, CUS1P Service Bureau charges, Special Counsel, fees and expenses of counsel to the Underwriters relating to Blue Sky Survey, and fees and expenses of the Trustee, the City Attorneys and Counsel for the Association, shall be paid by the Cities. All expenses to be paid by the • Cities pursuant to this Purchase Agreement may be paid from Certificate proceeds to the extent permitted by the Trust Agreement. Except as indicated above, all other out -of- pocket expenses of the Underwriter, including traveling and other expenses and the fees and expenses of their counsel (excluding fees and expenses related to anv Blue Sky Survey) shall be paid by the Underwriter. 9. The Underwriters hereby agree between themselves as follows: (a) The Certificates may be initially offered when the Underwriters, the Cities _Uj the Association shall have executed this Purchase Agreement. (b) The Underwriters may allow a dealer concession on sales to (i) securities dealers, (ii) dealer banks or divisions or departments of banks, (iii) foreign banks or broker - dealers which (1) are registered as broker - dealers under the Securities Exchange Act of 1934 and agree in making sales of the Certificates in the United States of America that they will comply with the Rules of the Municipal Securities Rulemakinq Board ( "MSRB "), or (2), if not so registered, agree that they will not sell any Certificates in the United States of America, its territories or possessions or to persons who are citizens LAW4 -B 16 0 • E thereof or residents therein and in making other sales agree to comply with the Rules of Fair Practice of the National Association of Securities Dealers. (c) The Underwriters may agree to change the pubic offering price and, in general, or in such soec__fic cases as it may determine, any concession, commissions, allowances or reallowances. (d) The Underwriters agree to mail or deliver an Official Statement to each person who purchases Certificates with or prior to final written confirmation of the sale to such person. (e) Each Underwriter represents to the other that it is registered as a broker - dealer or a municipal securities dealer under the Securities Exchange Act of 1934. (f) :leither Underwriter shall be liable to the other with respect to (i) the issue, form, genuineness, validity, legality, enforceability or value of, or _ -_ -_ to, the Certificates, (ii) the validity of any instrument under or pursuant to which the Certificates may be issued, (iii) any representations in this 2urthase Agreement other than those in this Section, (iv) the accuracy or completeness of the Preliminary Jffi__ai Statement or the Official Statement any memorandum, --rcchure or agreement, or any statements, reports or letters of others in connection with the Certificates, (v, the delivery of the Certificates or the performance by any of the Cities or others of any agreement on its or their part, or (•n) the rjualification or registration of the Certificates for sale, or the legality of the Certificates for investment under the laws of any jurisdiction. Neither Underwriter shall be liable to the other, nor shall either (except for such liability as it may have as an underwriter), be liable under any obligations, either express or implied, which are not herein expressly assumed. 10. Any notice or other communication to be given to the Association under this Purchase Agreement may be given by delivering the same in writing at your address set forth above, and any such notice or other communications to be given to the Underwriter may be given by delivering the same in writing to Merrill Lynch Capital Markets, 400 South Hope Street, Suite 2020, Los Angeles, California 90071, Attn: John Fitzgerald, Manager. Notice to the other parties hereto shall be as shown on Exhibit A attached hereto and made a part hereof by reference. The appr6al of the Underwriter when required LAW4 -8 17 0 hereunder or the determination of their satisfaction as to any document referred to herein shall be in writing signed on behalf of Merrill Lynch Capital Markets and Kelling S Co., :no., and delivered to- you. 11. This Purchase Agreement is made solely for the benefit of the Trustee, the Cities, the Association and the Underwriter (including the successors or assigns of the Underwriter) and no other persons, partnership, association or corporation shall acquire or have any right hereunder or by virtue hereof. All representations and agreements of the in this Purchase agreement shall remain operative nd n u11 force and effect regardless of any investigation made by or on behalf of the Underwriter and shall survive the delivery of and payment for the Certificates. 12. This Purchase Agreement shall be governed by tie laws of the State of California, applicable to contracts made and performed in such State. 13. This Purchase Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. MERRILL LYNCH CAPITAL MARKETS • By: KELLINC s Co., :NC. By: Receipt of this Purchase Agreement is acknowledged: FIRST INTERSTATE BANK OF CALIFORNIA, as Trustee By: • LAH4 -B 18 Approved: SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 3y: Approved: CITY OF CLAREMONT, CALIFORNIA 3y: CITY OF GRA.'M TERRACE, CALIFCRNIA 3y: • ..I":Y CF PLACENTIA, CALIFORNIA 3y: CITY OF RANCHO CUCAMONGA, CALIFORNIA 3y: CITY OF RIVERSIDE, CALIFORNIA 3y: • LAW4 -B 19 Exhibit A Notices City of Claremont Mr. James Dale Finance Director City of Claremont 207 Harvard Avenue Claremont, California 91711 City of Grand Terrace Mr. Thomas Schwab Finance Director City of Grand Terrace 22795 Burton Road Grand Terrace, California 92324 City of Placentia Mr. Frank Dunnavant Director of Finance City of Placentia 410 East Chapman ,avenue Placentia, California 92670 City of Rancho Cucamonga Ms. Wendy A. Ambrose Purchaser City of Rancho Cucamonga 9320 Baseline Road Rancho Cucamonga, California 91730 City of Riverside Mr. Harold Brewer Finance Director /Treasurer City of Riverside 3900 Main Street Riverside, California 92522 GAW4 -B 20 E • • • • First Interstate Bank of California 707 Wilshire Boulevard Los Angeles, California 90005 Attention: Corporate Trust Department LAW4 -a 21 n U 2520M JHHW:WHM:dt 10/29/84 ASSIGNMENT AGREEMENT by and between • SOUTHERN CALIFORNIA ASSOCIATION OF GOVERVMENTS, as Lessor and FIRST INTERSTATE BANK OF CALIFORNIA, as Trustee Dated as of December 1. 1984 n U ASSIGNMENT AGREEMENT • This Assignment Agreement, matle and entered into as of the 1st day of December, 1984, by and between the Southern California Association of Governments, a California joint powers agency (hereinafter called the "Association "). and First Interstate Bank of California, a California banking corporation (hereinafter called "Trustee'): WITNESSETH: In the joint and mutual exercise of their powers, in consideration of the mutual covenants herein contained, and for other valuable consideration, the parties hereto recite and agree as follows: SECTION 1. Recitals. (a) The Cities of Claremont, Grand Terrace, Placentia, Rancho Cucamonga and Riverside (collectively, the "Cities ") and the Association have entered into separate Lease Agreements, dated as of December 1, 1984 (the "Lease Agreements "), whereby the Association has agreed to lease certain public improvements described therein (collectively, the "projects ") to the • Cities. (b) The Association, the Trustee and tre Cities have entered Into a Trust Agreement, dated as of December 1, 1983 (the "Trust Agreement "). pursuant to which the Trustee agrees to execute and deliver Certificates of Participation in the Lease Payments to be made by the Cities under the Lease Agreements. (c) Under the Trust Agreement, the Association is obligated to deposit, or cause to be deposited, certain sums with the Trustee. (d) The Association is willing to assign its rights under the Lease Agreements in order to cause the Trustee to deposit the proceeds of the sale of the Certificates Into the various funds and accounts established under the Trust Agreement. (e) Each of the parties has authority to enter into this Assignment Agreement, and has taken all actions necessary to authorize Its officers to enter into it. SECTION 2. Assignment. The Association does hereby sell, assign and transfer to Trustee all Its rights, title and interest in, under and to the Lease Agreements, including, without limitation (1) its rights to receive Lease Payments from the Cities under the Lease Agreements, ( i I ) the right to exercise such rights and • • remedies as are conferred on the Association by the Lease Agreements as may be necessary to enforce payment of such Lease Payments when due, or otherwise protect its interests in the event of a default by any of the Cities; and (III) its security interest in the Projects. SECTION 3. Acceptance Trustee hereby accepts such assignment for the purpose of securing payments to be made to Trustee pursuant to the provisions of the Lease Agreements. IN WITNESS WHEREOF, the parties have executed thi3 Assignment Agreement by their officers thereunto ouly authorized as of the day and year first written above. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS By: Executive Director • FIRST INTERS "4TE BANK OF CALIFORNIA • By: Trust Officer 2 2491M • 0 JHHM:MHM:sss 10/19/84 :mym 10/27/84 'RUST AGREEMENT by and among FIRST INTERSTATE BANK OF CALIFORNIA, as Trustee and SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS and THE CITIES OF CLAREMONT, GRAND TERRACE, PLACENTIA. RANCHO CUCAMONGA AND RIVERSIDE Dated as of December 1, 1984 • TABLE OF CONTENTS ARTI =LE I RE' =:TABS AND RE °RESENrA -:'NS 101. Lease AgreeTents ................ ............................... 102. Deposit of Moneys, .. ................... ...................... 103. Lease Payments.......... _ .......... ... _............, .. ... .... 104. Assignment Agreement ....................... .................... ICS. Conditions Precedent Sat +sfied ................ _ ............... ARTICLE II DEFINITIONS AND RULES OF CONSTRUCTION 271. Definit ions ............................. ... ................ .... 2C2. Rules of Construct ion ........................... ............... ARTICLE III . APPOINTMENT OF TRUSTEE 301. Appointment of Trustee ...................... ................ 302. Acceptance of Appointment .................... ................. ARTICLE I9 ESTABLISHMENT AND ADMINISTRATION OF FUNDS AND ACCOUNTS 401. Projects Trust Fund ............. ............................... 402. Establishment and Application of Acquisition Accounts.......... 403. Establishment and Application of Certificate Payment Account... 404. Establishment and Application of Lease Payment Accounts; Capitalized Interest Subaccounts ......................... ... 405. Establishment and Application of Costs of Issuance Account..... 406. Insurance Fund .................. ............................... 407, Establishment and Application of Reserve Fund .................. 408. Deposit and Investment of Moneys 1n Funds: Statements.......... (U Page 2 3 3 4 4 5 S 8 8 9 10 Page 0 ARTICLE V THE TRUSTEE 501. Trustee; Duties, Removal and Resignation ....................... is 502. Compensation of the Trustee ..... ............................... 18 503. Protection to Trustee ........... ............................... 19 504. Duties and Powers of Trustee with Respect to the Insurance Policy 20 ARTICLE VI CERTIFICATES; TERMS AND PROVISIONS 601. Delivery of Certificates ........ ............................... 23 602. Date of Certificates ............ ............................... 23 603. Payment of Principal and Interest with Respect to Certificates. 23 604. Medium of Payment; Form; Date ... ............................... 24 605. Legends ......................... ............................... 24 606. Execution ....................... ............................... 24 607, Negotiability, Transfer and Regis try ........................... 25 608. Transfer of Registered Ce rtificates ............................ 25 609. Regulation with Respect to Exchange and Transfers .............. 25 610. Certificate Register ............ ............................... 26 611. Temporary Certificates .......... ............................... 26 612. Certificates Mutilated, Lost. Destroyed or St:len .............. 26 613. Place of Payment ................... I ... ..... I........ .......... Z7 614. Evidence of Signatures of Certificate Owners and Ownership of Certificates ....... ............................... 27 615. Redemption... ....................... .......................... 28 616, Redemption Fund ................. ............................... 30 617. Notice of Redemption ............ ............................... 30 618. Payment of Certificates or Redemption .......................... 30 619. Partial Redemption of Certificates ............................. 31 ARTICLE VII COVENANTS; LIMITATION OF LIABILITY 701. Cities to Perform Lease Agreements........ I .................... 32 702. Assignment by Cities ............ ............................... 32 703. Action In the Event of Non - Payment of Lease Payments........... 32 704. No Obligation by Cities to Owners .............................. 33 (11) C] 11 • Pa q? 705. No Obligation for Performance by Trustee ....................... 33 706. No Liability to Owners for Payment ............................. 33 707. No Responsibility for Sufficiency .............................. 33 708. Trustee May Require Opinion of Counsel ......................... 33 709. Indemnification to Trustee, Association and Insurer............ 33 710. Agreement to Pay Attorneys' Fees and Expenses .................. 34 711. Power of Trustee to Control Proceedings ........................ 34 712. Limitation on Certificate Owners Right to Sue ................. 35 ARTICLE VIII AMENDMENT; DEFEASANCE: ADMINISTRATIVE PROVISIONS 801. Amendments ...................... ............................... 36 802. Defeasance ...................... ............................... 36 803. Security Interests; Filing ...... ............................... 37 804. Trustee to Keep Records ......... ............................... 37 805. Notices ......................... ............................... 37 806. California Law .................. ............................... 38 807. Severability .................... ............................... 38 808. Binding on Successors ........... ............................... 38 809. Execution in Counterparts ....... ............................... 38 • 810. Headings ...... ............................... ................. 38 Exhibit A: Definitions Exhibit 8: Form of Fully Registered Certificate Exhibit C: Form of Insurance Policy Exhibit D: Certificate of Acceptance Exhibit E: Form of Certificate of Insurer U (111) TRUST AGREEMENT . THIS TRUST AGREEMENT, made and entered into as of December I, 1984, by and among First Interstate Sank of California, a state banking corporation having a corporate trust office in the City of San Francisco, California (the "Trustee "), the Cities of Claremont, Grand Terrace, Placentia, Rancho Cucamonga, and Riverside (collectively referred to herein as the "Cities "), and the Southern California Association of Governments, a California joint powers agency (the "Association "); ii I T N E S S E T H: In consideration of the mutual covenants herein contained and for other valuable consideration, the parties hereto do hereby agree as follows: is • ARTICLE I RECITALS AND REPRESENTATIONS 101. Lease Agreements. Association and the Cities have entered into Lease Agreements whereby Association has agreed to lease the Projects to the Cities and the Cities have agreed to lease the Projects from Association. 102. Deposit of Moneys. under the Lease Agreements, in order to provide for acquisition of the Projects and to assure the Cities that the Acquisition Costs of each Project will be paid without delay and that the Projects will be available for lease without delay, Association is required to deposit with the Trustee, or cause to be deposited with the Trustee on its behalf, certain monies. 107. Lease Payments. Under the Lease Agreements, the Cities are obligated to pay to Association or its assignee, Lease Payments, for the lease Of the Projects. 104. Assignment Agreement. for the purpose of obtaining the moneys required to be deposited by it with the Trustee, Association has by the Assignment Agreement, assigned and transferred all of its rights and Interests under the Lease Agreements to the Trustee; and in consideration of such assignment and the execution of this Trust Agreement, the Trustee has agreed to execute and deliver Certificates of Participation, eacn evidencing a • proportionate interest in the Lease Payments payac'e under one or more of the Lease Agreements. 105. Conditions Precedent Satisfied. All acts, conditions and things required by iaw to exist, happen and oe performed precedent to and in connection with the execution and entering into of this agreement, have happened and have been performed in regular and Cue time, form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this agreement. ARTICLE II DEFINITIONS AND RULES OF CONSTRUCTION 201. Definitions. The terms used in this Trust Agreement which are capitalized herein shall, for the purposes of this Trust Agreement, have the meanings ascribed to them in Exhibit A attached hereto and by this reference incorporated herein or in the Lease Agreement, unless the context clearly requires some other meaning. 202. Rules of Construction. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context otherwise indicates, words importing the singular number shall include the plural number and vice versa, and words Importing persons shall include corporations and associations, including public bodies, as well as naturai persons. The terms "hereby ", 'hereof", "hereto ", "nerein ", "hereunder" and any similar terms, as used in this agreement. refer to this agreement. \J • • ARTICLE III APPOINTMENT OF TRUSTEE • 301. Appointment of Trustee. In consideration of the recitals hereinabove set forth and for other valuable consideration, Association and the Cities agree to appoint the Trustee to receive, hold, invest and disburse the moneys to be paid to it for the Certificates and pursuant to the Lease Agreements for credit to the various funds and accounts estabiisned by tnis Trust Agreement; to execute and deliver the Certificates: and to apply and disburse the Lease Pavments received from or on behalf of the Cities to the owners of Certificates: and to perform certain other functions; all as hereinafter provided and subject to the terms and conditions of this agreement. 302. Acceptance of Appointment. In consideration of the compensation hereinafter provided for, the Trustee accepts the appointment above referred to, subject to the terms and conditions of this agreement. • ARTICLE IV ESTABLISHMENT AND ADMINISTRATION OF FUNDS AND ACCOUNTS 40). Projects Trust Fund. There is hereby established with the Trustee a special trust fund to be designated the "Southern California Association of Governments Projects Trust Fund, Series 8" (herein referred to as "Projects Trust Fund "). The Trustee shall keep sucn fund separate and apart from all other funds and moneys held by it. eitnin the Projects Trust Fund, there are hereby established the Acquisition Accounts, more particularly described in Section 402 hereof, the Certificate Payment Account, more particularly described in Section 403 hereof, the Lease Payments Accounts, more particularly described in Section 404 hereof, and the Costs of Issuance Account, more particularly described in Section 405 hereof. 402. Establishment and Application of Acquisition Accounts. (a) ( I ) Within the Projects Trust Fund, there is hereby established a special account to be designated the "Claremont Acquisition Account ". The Trustee shall, on the Closing Date, deposit S in the Claremont Acquisition Account, and snail keep such account separate and apart from all other funds and accounts held by it, and shall administer such account as provided in this Section 402. (i i) Within the Projects Trust Fund, there Is hereby • established a special account to be designated the 'Grand Terrace Acquisition Account ", The Trustee sha11, on the Closing Dace, deposit S in the Grand Terrace Acqui s i tior. Account, and shall keep such account separate and apart from all other funds and accounts held by it. and shall administer such account as provided in this Section 402. (iii) Within the Projects Trust Fund, there is hereby established a special account to be designated the "Placentia Acquisition Account ". The Trustee small, on the Closing Date, deposit $ in the Placentia Acquisition Account, and shall keep such account separate and apart from all other funds and accounts held by it, and shall administer such account as provided in this Section 402. (iv) Within the Projects Trust Fund, there is hereby established a special account to be designated the "Rancho Cucamonga Acquisition Account ". The Trustee shall, on the Closing Date, deposit $ in the Rancho Cucamonga Acquisition Account, and shall keep such account separate and apart from all other funds and accounts held by it, and shall administer such account as provided in this Section 402. (v) Within the Projects Trust Fund, there is hereby established a special account to be designated the "Riverside Acquisition Account ". The Trustee shall, on the Closing Date, deposit S In the Riverside Acquisition Account, and shall keep such account separate and apart r� L from all other funds and accounts held by it, and shall administer such • account as provided in this Section 402. (b) Amounts on deposit in the Acquisition Accounts shall be disbursed for Acquisition Costs in accordance with the procedures described in this Section 402. (U Disbursements from the Acquisition Accounts shall be made by the Trustee upon receipt of: (i) a Certificate of Acceptance; (ii) a Certificate of the Insurer (together with the endorsement attached thereto): and (iii) Requisitions complying with the requirements of this Section 402. (d) Each such Requisition shall: (i) set forth the amounts of Acquisition Costs to be disbursed, the person or persons to whom said amounts are to be disbursed and the name of the Acquisition Account from which such disbursement is requested: (i i) state that the amounts to be disbursed constitute Acquisition Costs as said term is defined in Exhibit A attached hereto, that said amounts are required to be disbursed pursuant to a contract entered into therefor by or on behalf of the City requesting disbursement, or were necessarily and reasonably incurred; and that said amounts are not being paid in advance of the time, if any, fixed for payment; (iii) state that no amount set forth in the Requisition was • included in any Requisition previously filed with, and paid by, the Trustee pursuant to this Section; (iv) state that the amount remaining in the Acquisition Account from which such disbursement is to be mane, together with Interest earnings on that fund plus investment earnings on other funds that will be transferred into such Acquisition Account, will, after payment of the amount set forth in the Requisition, be sufficient to pay all remaining Acquisition Costs for that City's Project as then estimated; (v) In the case of Increased Acquisition Costs, state that the amount of such increase has been Or is thereupon being deposited with the Trustee; and (vi) In the case of disbursement of final Payment of that City's Acquisition Costs, state that all such Acquisition Costs have then been, or are thereupon being, paid and that the entire Project has been finally accepted by such City and that all Lease Payments shown on Exhibit A to such City's Lease Agreement represent valid rental value for such City's Project, (e) Upon receipt of any Certificate of Completion and a Certificate of the Insurer evidencing that the Insurance Policy insures all of that City's Lease Payments, the Trustee shall transfer any amounts remaining 6 0 • in that City's Acquisition Account into such City's Lease Payment Account and Shall close such City's Acquisition Account. Upon transfer of said amounts to such Lease Payment Account, said amounts shall be applied as a credit against the Lease Payments due by that City on the Due Dates following the date of such deposit In successive order until full disbursement of said amounts. Upon such transfer the Trustee shall provide written notice to the City which submitted such Certificates of the amount of such transfer. (f) In the event of a default by a City under the Lease Agreement to which such City is a party and the termination of such cease Agreement ov the Association or the Trustee, the Trustee shall not maKe any further disbursements from such City's Acquisition Account and shall transfer amounts then on hand in such City's Acquisition Account, if any, to such City's Lease Payment Account to be credited against such City's Lease Payment obligations or to the Redemption Fund, to be applied to the redemption of the Certificates pursuant to Section 615. (g) ( i ) In the event that a City does not acquire all of its Project by its Acceptance Deadline Date, as evidenced by the Trustee's failure to receive a Certificate of Completion and final Certificate of the Insurer by such date, then the Trustee shall transfer any funds on hand in such City's Acquisition Account to such City's Lease Payment Account to be credited against such City's Lease payment obligation or to the Redemption Fund, for prepayment of the principal portion of Lease Payments allocable t0 the unacquired portion of such Project and redemption of Certificates pursuant to the provisions of Section 615 hereof. • (ii) Upon the written request bf a City given to the Association, the Trustee and the Insurer, the Acceptance Deadline Date applicable to such City's Project will be extended upon receipt by the Trustee, no later than 30 days prior to such Acceptance Deadline Date then in effect, of the following: (A) an Extension Approval Letter; and either (B)(1) for deposit In the Capitalized Interest subaccount relating to Such City's Project, an amount of money equal to the interest Portion of such City's Lease Payment obligation from such City's Acceptance Deadline Date then in effect to the proposed extended Acceptance Deadline Date, together with a supplemental endorsement of the Insurer to the Insurance Policy related to such City's Lease Payments, changing the Redemption Date (as defined in the Insurance Policy related to such City's Lease Payments) applicable to the Insurance Policy "Coverage C" related to such City's Lease Payments in order that such Redemption Date is the first day of the first calendar month immedlately following the extended Acceptance Deadline Date; or (8)(2) a supplemental endorsement of the Insurer to the Insurance Policy related to such City's Lease Payments, changing the Redemption Date applicable to the Insurance Policy "Coverage C" related to such City's Lease Payments in order that such Redemption Date is the same date ii U as the extended Acceptance Deadline Date and increasing the amount of such The "Coverage C" by an amount equal to the interest portion of the Lease Payment • obligation of such City from its Acceptance Deadline Date then in effect to The the proposed extended Acceptance Deadline Date. Payment Account; Any Acceptance Deadline Date extended hereunder shall fall on the fifteenth The day of a month. The Trustee shall promptly send written notice of any Payment Account; extension of an Acceptance Deadline Date pursuant to the terms hereof to the The Association, the Insurer and the applicaole City. Lease Payment Account; and 403. Establishment and Application of Certificate Pavment Account. The Riverside Lease (a) Within the Projects Trust Fund, there is hereby estaull shed a separate account to be designated the "Certificate Payment Account ". The Trustee shall maintain the Certificate Payment Account until the Lease Payments are paid in full pursuant to the terms of the Lease Agreements. (b) The Trustee shall withdraw from the Certificate Pavment Account, on each Payment Date, an amount equal to the Lease Payments due on or before such Payment Date, and shall cause the same to be applied to the payment of principal and interest payments due by maturity with respect to the Certificates On such Payment Date. (c) If on any Payment Date the amount of funds on hand in the Certificate Payment Account is insufficient to pay the full amount of principal and interest then due and pavable with respect to the Certificates, the Trustee shall apply such funds to the payment of interests in Lease • Payments of the Cities from whose Lease Payment Accounts such moneys were withdrawn (but only to the extent of such withdrawals) and, with respect to each such City's Lease Payments, first to the payment of interest past due, pro rata if necessary, and second to the payment �f principal past due, pro rata, if necessary. 404. Establishment and Application of Lease Payment Accounts: Capitalized Interest $ubaCCOunts. (a) Within the Projects Trust Fund there are hereby established the following separate accounts (collectively referred to herein as the "Lease Payment Accounts "): (1) The Claremont Lease Payment Account; (11) The Grand Terrace Lease Payment Account; Oil) The Placentia Lease Payment Account; (tv) The Rancho Cucamonga Lease Payment Account; and (v) The Riverside Lease Payment Account. Ll • Within each of the Lease Payment Accounts, there are hereby established Capitalized Interest Subaccounts. All references herein and in the Lease Agreements to amounts in a City's Lease Payment Account are deemed to include amounts in such City's Capitalized Interest Subaccount thereof. The Trustee shall, on the Closing Date, deposit S in the Capitalized Interest Subaccount of the Claremont Lease Payment Account, representing the Lease Payment obligation of the City of Claremont from December 1, 1984 to ; deposit f in the Capitalized Interest Subaccount of the Grand Terrace Lease Payment Account, representing the Lease Payment obligation of the City of Grand Terrace from December 1, 1994 to ; deposit S in the Capitalized Interest Subaccount of the Placentia Lease Payment Account, representing the Lease Payment obligation of the City of Placentia from December I, 1984 to ; deposit s in the Capitalized Interest Subaccount of the Rancho Cucamonga Lease Payment Account, representing the Lease Payment obligation of the City of Rancho Cucamonga from December 1, 198a to ; and deposit s in the Capitalized Interest Subaccount of the Riverside Lease Pavment Account, representing the Lease Payment obligation of the City of Riverside from December 1, 1984 to -he Trustee shall also deposit any moneys received from a City pursuant to Section 402(g)(i i) hereof in such City's Capitalized Interest Subaccount. Notwithstanding any other provision of this Trust Agreement, the amounts so deposited, pending application of such amounts to the payment of interest with respect to the Certificates, shall be invested • solely in direct obligations of the United States of America. The Lease Payment Accounts shall be maintained by the Trustee until all Lease Payments due under the Lease Agreemerts have been paid by the Cities. Lease Payments paid by each City to t ^e Trustee as assignee of Association pursuant to the Lease Agreements and the Assignment Agreement, as well as proceeds of rental interruption insurance maintained by such City, and any other amounts required by the Lease Agreements shall be deposited by the Trustee in such City's Lease Payment Account. (b) The Trustee shall withdraw moneys from each City's Lease Payment Account on each Payment Date, in amounts which will be equal to the Lease Payment due by that City on the Due Date preceding such Payment Date. (c) The Trustee shall cause all sums withdrawn from the Lease Payment Accounts to be deposited in the Certificate Payment Account; provided, that in the event the Insurer has paid an insurance claim to the Trustee on behalf of one of the Cities, any amounts on hand in the Lease Payment Account of the City on whose behalf the insurance claim was made Shall be paid t0 the Insurer to the extent the Insurer has not been reimbursed for the insurance claim so paid. 405. Establishment and Application of Costs of Issuance Account. (a) Within the Projects Trust Fund there Is hereby established a separate account to be designated "Costs of Issuance Account ". The Trustee shall, on the Closing Date, deposit f in the Costs of Issuance Account, and shall maintain such account until all Costs of Issuance are paid . in full. (b) The Trustee shall disburse funds from the Costs of Issuance Account upon receipt of a signed invoice approved by the Authorized Representative of the Association. ( c) Upon payment of all Costs of Issuance. which shall be determined by a certificate to that effect by the Executive Director of the Association, or upon Decemoer I, i965. wnicnever occurs first, the Trustee shall transfer alt funds remaining it the Costs of Issuance Account to the Lease Payment Accounts of the Cities, in the same proportion as the principal portion of Lease Payments payable under that City's Lease .Agreement bears to the total principal portion of Lease Payments represented by the Certificates when originally executed and delivered. 406. Insurance Fund. There is hereby established a separate fund to be designated the "Insurance Fund ". All Net Proceeds of insurance with respect to the Projects which are received by the Trustee shall be deposited in the Insurance Fund, with the exception of the proceeds of the Insurance Policy, which shall be deposited in the Lease Payment Account of the City causing the Insurer to make such advance. Within the Insurance Fund, the Trustee shall establish a separate account for any City which causes Net Proceeds of insurance to be deposited with the Trustee. The Trustee shall promptly give notice of the receipt of Net Proceeds to the City with respect to whose Project such Net Proceeds have been paid. The Authorized Officer of such City • Shall within 120 days of the deposit Of Net Proceeds with the Trustee file a certificate with the Trustee (a "Certificate ") and the Net Proceeds shall be applied and disbursed by the Trustee as follows: (i) If the Authorized Officer of the City whose Project has been damaged or destroyed shall file a Certificate with the Trustee stating that such proceeds are to be utilized for the repair, replacement. restoration, modification or improvement of a damaged or destroyed portion of such Project and that sufficient funds have been appropriated in an amount which, together with Net Proceeds, will be equal to the total cost Of the proposed repair, replacement, restoration, modification or improvement, then the City shall cause such portion Of the Project t0 be repaired, replaced, restored, modified Or improved to at least the same good order, repair and condition as it was in prior to the damage or destruction, insofar as the same may be accomplished by the use of said Net Proceeds. The Trustee shall permit withdrawals of said Net Proceeds from time to time upon receiving a certificate of the Authorized Officer of the City whose Project has been damaged or destroyed, stating that such City has expended moneys or incurred liabilities in an amount equal to the amount therein requested to be paid over to it for the purpose of such repair, replacement, restoration, modification or improvement and specifying the items for which such moneys were expended, or such liabilities were incurred, in such reasonable detail as the Trustee may in its discretion require. • TO • Ill) If the Authorized Officer of the City whose Project has been damaged or destroyed shall file a Certificate with the Trustee stating that replacement, repair, restoration, modification or improvement of the damaged portion of the Project is not economically feasible or in the best interest of such City and that such proceeds are to be applied to the prepayment of a principal portion of such City's Lease Payments and redemption of the Certificates, the Trustee is empowered and directed to transfer such Net Proceeds to the Redemption Fund, to be applied to the redemption of Certificates in accordance with Section 615 hereof. 407. Establishment and Application of Reserve Fund. (a) There is hereby established a separate fund designated as the "Reserve Fund ". The Trustee shall keep such Fund separate and apart from all other funds and moneys held by it; and shall administer such fund as provided in this Section and Section 408 hereof. (b) There shall be deposited in the Reserve Fund from the moneys paid to the Trustee pursuant t0 Section 401, an amount which in the aggregate will be equal to the total of the amounts required to be deposited in each of the Reserve Accounts, as specified below. Such moneys shall be held in trust as a reserve for the payment when due of the Lease Payments to be paid by the Cities, and shall be applied only as hereinafter provided. (i) Within the Reserve Fund there is herebv established a separate account designated as the "Claremont Reserve Account ". The Trustee • shall keep such Account separate and apart from 31I funds and accounts and moneys held by it; and shalt administer such AC =]unt as provided in this Section and Section 408 hereof. (A) There shall be deposited in t`e Claremont Reserve Account from the moneys deposited in the Reserve Fund pursuant to Section 407(b) Above, an amount equal to f (B) If on any Due Date there is not on deposit in the Claremont Lease Payment Account an amount equal to the Lease Payment required to be deposited with the Trustee on such Due Date by the City of Claremont, the Trustee shalt transfer from the Claremont Reserve Account to the Claremont Lease Payment Account an amount equal to such deficiency in the Claremont Lease Payment Account. Upon receipt of any delinquent Lease Payment with respect to which moneys have been advanced from the Claremont Reserve Account, such Lease Payment shall first be paid to the Insurer, If the Insurer has paid a Lease Payment or portion thereof on behalf of the City of Claremont, in an amount equal to the Lease Pa vment so paid, and any amount in excess of the Lease Payment so paid shall be deposited in the Claremont Reserve Account to the extent of such payment. �1 LJ (C) Prior to receipt of the Claremont Certificate of • Completion, the Trustee shall, not less than monthly, transfer any moneys on hand in the Claremont Reserve Account in excess of $ , to the Claremont Acquisition Account. (D) The Trustee shall, on or prior to each Due Date following receipt of the Certificate of Completion, transfer any moneys on hand in the Claremont Reserve Account in excess of S to the Claremont Lease Payment Account. (E) If the moneys on hand in the Claremont Reserve Account and the Claremont Lease Payment Account are equal to all Lease Payments due by the City of Claremont during the entire remainder of the term of the Lease Agreement, between the Association and the City Of Claremont, the Trustee Shall transfer all amounts then on hand in the Claremont Reserve Account to the Claremont Lease Payment Account to be applied to the payment of such Lease Payments as they become due on behalf of the City of Claremont, and the City of Claremont shall be deemed to have paid all Lease Payments due under such Lease Agreement. (F) In the event that Lease Payments of the City of Claremont are to be prepaid in part in order to cause partial redemption of Certifcates pursuant to Section 615(b)(M ) hereof, the amount on hand In the Claremont Reserve Account shall be reduced to an amount equal to the maximum annual amount of Lease Payments due by the City of Claremont under its Lease Payment schedule, as revised pursuant to Section 615(4) hereof, or a "minor portion" • of the Principal Amount of the City of Clarem -nt's Lease Agreement (as determined according to Section 103(c) of the Coce), whichever is less, and Shall transfer amounts in excess thereof to t ^e Claremont Lease Payment Account, 3o be applied to redemption of the Ce,tificates pursuant to the provisions of Section 615 hereof. (ii) Within the Reserve Fund there is hereby established a separate account designated as the "Grand Terrace Reserve Account ". The Trustee Shall keep Such Account separate and apart from all funds and accounts and moneys held by it; and shall administer such Account as provided In this Section and Section 408 hereof. (A) There shall be deposited In the Grand Terrace Reserve Account from the moneys deposited in the Reserve Fund pursuant to Section 407(b) above, an amount equal to f . (8) If on any Due Date there Is not on deposit in the Grand Terrace Lease Payment Account an amount equal to the Lease Payment required to be deposited with the Trustee on such Due Date by the City of Grand Terrace, the Trustee shall transfer from the Grand Terrace Reserve Account to the Grand Terrace Lease Payment Account an amount equal to such deficiency in the Grand Terrace Lease Payment Account. 12 • • Upon receipt of any delinquent Lease Payment with respect to which moneys have been paid from the Grand Terrace Reserve Account, such Lease Payment shall first be paid to the Insurer, if the Insurer has paid a Lease Payment or portion thereof on behalf of the City of Grand Terrace, in an amount equal to the Lease Payment so paid, and any amount in excess of the Lease Payment so advanced shall be deposited in the Grand Terrace Reserve Account to the extent of such-payment, (C) Prior to receipt of the Grand Terrace Certificate of Completion, the Trustee shall, not less than monthl,v, transfer any moneys on hand in the Grand Terrace Reserve Account in excess of s to the Grand Terrace Acquisition Account. (D) The Trustee shall, on or prior to each Due Date following receipt of the Certificate of Completion, transfer any moneys on nand in the Grand Terrace Reserve Account in excess of $ to the Grand Terrace Lease Payment Account. (E) If the moneys on hand in the Grand Terrace Reserve Account and the Grand Terrace Lease Payment Account are equal to all Lease Payments due by the City of Grand Terrace during the entire remainder of the term of the Lease Agreement between the Association and the City of Grand Terrace, the Trustee Shall transfer all amounts then on hand in the Crand Terrace Reserve Account to the Grand Terrace Lease Payment Account to be applied to the payment of such Lease Payments as they become due on behalf of the City of Grand Terrace, and the Citv of Grand Terrace shall be deemed to • have paid all Lease Payments due under such Lease A;reement. (F) In the event that Lease Payments of the City of Grand Terrace are to be prepaid in part in order to case partial redemption of Certifcates pursuant to Section 615(b)(iii) hereof, the amount on hand in the Grand Terrace Reserve Account shall be reduced to an amount equal to the maximum annual amount of Lease Payments due by the City of Grand Terrace under its Lease Payment schedule, as revised pursuant to Section 615(4) hereof, or a "minor portion" of the Principal Amount of the City of Grand Terrace's Lease Agreement (as determined according to Section 103(0 of the Code), whichever is less, and shall transfer amounts in excess thereof to the Grand Terrace Lease Payment Account, to be credited applied to redemption of the Certificates pursuant to the provisions of Section 615 hereof. (iii) Within the Reserve Fund there is hereby established a separate account designated as the "Placentia Reserve Account ". The Trustee shall keep such Account separate and apart from all funds and accounts and moneys held by it; and shall administer such Account as provided in this Section and Section 408 hereof. (A) There shall be deposited in the Placentia Reserve Account from the moneys deposited In the Reserve Fund pursuant to Section 407(b) above, an amount equal to f 0 13 (B) If on any Due Date there is not on deposit in the • Placentia Lease Payment Account an amount equal to the Lease Payment require to be deposited with the Trustee on such Due Date by the City of Placentia, the Trustee shall transfer from the Placentia Reserve 4ccount to the Placentia Lease Payment Account an amount equal to such deficiency in the Placentia Lease Payment Account. Upon receipt of any delinquent Lease Payment with respect to which moneys have been paid from the Placentia Reserve Account, such Lease Payment shall first be paid to the insurer, if the Insurer has paid a Lease Payment or portion thereof on behalf of the City of Placentia, in an amount equal to the Lease Payment so Palo, and any amount in excess of the Lease Payment so advanced shall be deposited in the Placentia Reserve Account to the extent of such payment. (C) Prior to receipt of the Placentia Certificate of Completion, the Trustee Shal 1, not '.ess than monthly, transfer any moneys on hand in the Placentia Reserve Account in excess Of S to the Placentia Acquisition Account. (D) The Trustee shall, on or prior to each Due Date following receipt of the Certificate of Completion, transfer any moneys on "sand in the Placentia Reserve Account in excess of b to the Placentia Lease Payment Account. (E) If the moneys on hand In the Placentia Reserve Account • and the Placentia Lease Payment Account are equal -0 all Lease Payments due by the City of Placentia during the entire remainder of the term of the Lease Agreement between the Association and the City of O'acentla, the Trustee shall transfer all amounts then on hand in the Placentia Reserve Account to the Placentia Lease Payment Account to be applied to the payment of such Lease Payments as they become due on behalf of the City of Placentia, and the City of Placentia shall be deemed to have Paid all Lease Payments due under such Lease Agreement. (F) In the event that Lease Payments of the City of Placentia are to be prepaid in part in order to Cause Partiai redemption of Certifcates pursuant to Section 615(b)(lii) hereof, the amount on hand in the Placentia Reserve Account shall be reduced to an amount equal to the maximum annual amount of Lease Payments due by the City of Placentia under its Lease Payment schedule, as revised pursuant to Section 615(4) hereof, or a 'minor portion" of the Principal Amount of the City of Placentia 's Lease Agreement (as determined according to Section I03(c) of the Code), whichever Is less, and shall transfer amounts in excess thereof to the Placentia Lease Payment Account, to be applied to redemption of the Certificates pursuant to the provisions of Section 615 hereof. (Iv) Within the Reserve Fund there is hereby established a separate account designated as the "Rancho Cucamonga Reserve Account ", The Trustee shall keep Such Account separate and apart from all funds and accounts 14 11 • and moneys held by it; and shall administer such Account as provided in this section and Section 408 hereof. (A) There shall be deposited in the Rancho Cucamonga Reserve Account from the moneys deposited in the Reserve Fund Pursuant to Section 407(b) above, an amount equal to 5 (B) If on any Due Date there is not on deposit in the Rancho Cucamonga Lease Payment Account an amount equal to the Lease Payment required to be deposited with the Trustee on such Due Date Dy the City of Rancho Cucamonga, the Trustee shall transfer from the Rancho Cucamonga Reserve Account to the Rancho Cucamonga Lease Payment Account an amcunt equal to such deficiency in the Rancho Cucamonga Lease Payment Account. Upon receipt of any delinquent Lease Payment with respect to which moneys have been paid from the Rancho Cucamonga Reserve Account, such Lease Payment shall first be paid to the Insurer, if the Insurer has paid a Lease Payment or portion thereof on behalf of the City of Rancho Cucamonga, in an amount equal to the Lease Payment so paid, and any amount in excess of the Lease Payment so advanced shall be deposited in the Rancho Cucamonga Reserve Account to the extent of such payment. (C) Prior to receipt of the Rancho Cucamonga Certificate of Completion, the Trustee shall, not less than monthly, transfer any moneys on hand in the Rancho Cucamonga Reserve Account in excess of $ to the Rancho Cucamonga Acquisition Account. • (0) The Trustee shall, on or prior to each Due Date following receipt of the Certificate of Completion, transfer any moneys on hand in the Rancho Cucamonga Reserve Account in excess of 5 to the Rancho Cucamonga Lease Payment Account. (E) If the moneys on hand in the Rancho Cucamonga Reserve Account and the Rancho Cucamonga Lease Payment Account are equal to all Lease Payments due by the City of Rancho Cucamonga during the entire remainder of the term of the Lease Agreement between the Association and the City of Rancho Cucamonga, the Trustee shall transfer all amounts then on hand in the Rancho Cucamonga Reserve Account to the Rancho Cucamonga Lease Payment Account to be applied to the payment of such Lease Payments as they become due on behalf of the City of Rancho Cucamonga, and the City of Rancho Cucamonga snail be deemed to have paid all Lease Payments due under such Lease Agreement. (F) In the event that Lease Payments of the City of Rancho Cucamonga are to be prepaid In part in order to cause partial redemption of Certifcates pursuant to Section 615(b)(iii) hereof, the amount on hand In the Rancho Cucamonga Reserve Account shall be reduced to an amount equal to the maximum annual amount of Lease Payments due by the City of Rancho Cucamonga under its Lease Payment schedule, as revised pursuant to Section 615(d) hereof, or a "minor portion" of the Principal Amount of the City of Rancho Cucamonga's Lease Agreement (as determined according to Section 103(c) of the 0 ,5 Code), whichever is less, and shall transfer amounts in excess thereof to the • Rancho Cucamonga Lease Payment Account, to be credited applied to redemption of the Certificates pursuant to the provisions of Section 615 hereof. (v) Within the Reserve Fund there is hereby established a separate account designated as the "Riverside Reserve Account ". The Trustee shall keep Such Account separate and apart from all funds and accounts and moneys held by it: and shall administer such Account as provided in this Section and Section 408 hereof. (A) There shall be deposited in the Riverside Reserve Account from the .moneys deposited in the Reserve Fund pursuant to Section 407(b) above, an amount equal to f (8) If on any Due Date there is not on deposit in the Riverside Lease Payment Account an amount equal to the Lease Payment required to be deposited with the Trustee on such Due Date by the City of Riverside, the Trustee shall transfer from the Riverside Reserve Account to the Riverside Lease Payment Account an amount equal to such deficiency in the Riverside Lease Payment Account. Upon receipt of any delinquent Lease Payment with respect to which moneys have been paid from the Riverside Reserve Account, Such Lease Payment shall first be paid to the Insurer, if the Insurer has paid a Lease Payment or portion thereof on behalf of the City of Riverside, in an amount equal to the Lease Payment so paid, and any amount in excess of the Lease Payment so • advanced shall be deposited in the Riverside Reserve Account to the extent of Such payment. (C) Prior to receipt of the Riverside Certificate of Completion, the Trustee shall, not less than monthly, transfer any moneys on hand in the Riverside Reserve Account in excess of f to the Riverside Acquisition Account. (0) The Trustee shall, on or prior to each Due Date following receipt of the Certificate of Completion, transfer any moneys on hand In the Riverside Reserve Account in excess of f to the Riverside Lease Payment Account. (E) If the moneys on hand in the Riverside Reserve Account and the Riverside Lease Payment Account are equal to all Lease Payments due by the City of Riverside during the entire remainder of the term of the Lease Agreement between the Association and the City of Riverside. the Trustee shall transfer all amounts then on hand in the Riverside Reserve Account to the Riverside Lease Payment Account to be applied to the payment of such Lease Payments as they become due on behalf of the City of Riverside, and the City of Riverside Shall be deemed to have paid all Lease Payments due under such Lease Agreement. • 16 • (F) In the event that Lease Payments of the City of Riverside are to be prepaid in part in order to cause partial redemption of Certifcates pursuant to Section 615(b)(iii) hereof, the amount on hand In the Riverside Reserve Account shall be reduced to an amount equal to the maximum annual amount of Lease Payments due by the City of Riverside under its Lease Payment schedule, as revised pursuant to Section 615(4) hereof, or a "minor portion" of the Principal Amount of the City of Riverside's Lease Agreement (as determined according to Section I03(c) of the Code), whichever is less, and shall transfer amounts in excess thereof to the Riverside Lease Payment Account, to be credited apoiied to redemption of the Certificates pursuant to the provisions of Section 615 hereof. 408. Deposit and Investment of Moneys in Funds; Statements. (a) Subject to the provisions of Section 404 hereof, all moneys held by the Trustee in any of the funds or accounts established pursuant to this agreement shall be deposited in time or demand accounts (including accounts of the Trustee bank) or certificates of deposits pertaining to said accounts which accounts shall be fully collateralized at all times as trust accounts or invested in Permitted Investments so as to obtain the highest yield which Trustee deems practicable, having due regard for the safety of such funds and for the date upon which such funds will be required for uses and purposes specified in this agreement, provided, however, that if the Trustee receives written instructions from a City for investment of funds or accounts related to its Project in specified Permitted Investments, Trustee shall invest pursuant to said instructions. • (b) Prior to the Completion Date with respect to each City's Project, interest or income on the Lease Payment account and Reserve Account established for such City shall be deposited in the Acquisition Account established for such City. Thereafter, all interest or income received on investment of such Lease Payment Account shall be applied as a credit against the Lease Payments due by such City under the Lease Agreement to which it Is a party. Following such Completion Date, the Trustee shall report at least seven (7) business days prior t0 Due Dates the amount of such interest or income to the Association and such City, and the amount of the Lease Payments payable by such City on the next following Due Date shall be reduced by an amount equal to said interest or income. In the event that such interest or income exceeds the Lease Payment due on said Due Date. the amount of such excess shall be applied as a credit against the next following Lease Payment. All interest or income earned on the Acquisition Accounts shall be retained in the Acquisition Accounts until such Accounts are closed pursuant to Section 402(e) hereof. (c) The Trustee may act as agent in making or disposing of any investment. The Trustee Shall not be liable for any loss resulting from any investment pursuant to this Section, except as specifically provided herein. (d) The Trustee shall mail monthly statements of account to each of the Cities and to the Association. 17 (e) Subject to the provisions of Section 404 hereof, the funds on hand in the Capitalized Interest Subaccounts, the Lease Payment Accounts, the • Acquisition Accounts and the Certificate Payment Account shall be invested in Permitted Investments maturing on or before the earlier of the newt occurring Payment Date or the date occurring ninety (90) days from the purchase of such Permitted Investment, (f) The Trustee may, in its discretion, and upon the written request of the Cities shall, commingle any of the funds held by it pursuant to this Agreement into a separate fund or funds for investment purposes only, provided, however, that all funds or accounts held by the Trustee hereunder Shall be accounted for separately notwithstanding such commingling by the Trustee. (g) Notwithstanding any other provision of tnis Agreement, moneys on deposit in the Lease Payment Accounts, Insurance Fund and Redemption Fund shall be invested only in Permitted Investments rated not less than "AAA" by Standard G Poor's Corporation which mature not more than 91 days from their purchase date or when the moneys so invested are needed, whichever is earlier, C, J 18 • ARTICLE V • THE TRUSTEE 501. Trustee; Duties Removal and Resignation. By executing and delivering this agT eement,. the Trustee accepts the duties and obligations of the Trustee provided in this agreement. including but not limited to certain insurance related functions specified in Section 504 hereof, but only upon the terms and conditions set forth in this agreement. The Association, the Insurer or a majority of the Cities Tay, or the holders of a majority in aggregate principal amount of all Certificates Outstanding may, by written request, remove the Trustee initially a party to this agreement, and any successor thereto, and in such event, or if the Trustee resigns, the Association shall appoint a successor Trustee, but any such successor shall be a bank Or trust company doing business and having an office in Los Angeles or San Francisco, California, having a combined Capital (evclusive of bcrrowed capital) and surplus of at least Fifty Million Dollars (450,000,000) and subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to taw or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section the combined capital and surplus of such bank or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of conditions so published. The Trustee may at any time resign by giving written notice to the • Association, the Insurer and the Cities and by giving to the Certificate Owners notice by mailing a notice of such res` ;nation to their addresses appearing in the _ ertificate Register. Upon re:eiving any such notice of resignation, the Association shall promptly appoint a successor Trustee by an instrument in writing; provided, however, that in the event that the Association does not appoint a successor Trustee within thirty (30) days following receipt of such notice of resignation, the resigning Trustee may petition the appropriate court having jurisdiction to appoint a successor Trustee. Any resignation or removal Of the Trustee shall not become effective until written acceptance of appointment by the successor Trustee under this Trust Agreement. 502. Compensation of the Trustee. The Cities Or the Association shall from time to time, on demand, pay to the Trustee, or the Association shall cause the Cities to pay pursuant to the Lease Agreements, reasonable compensation for its services and shall reimburse the Trustee for all Its advances and expenditures, including but not limited to advances to and fees and expenses of independent appraisers, accountants, consultants, counsel, agents and attorneys -at -law or other experts employed by it In the exercise and performance of its powers and duties hereunder, Such compensation and reimbursement shall be paid by the Cities or the Association. Under no circumstances shall the Insurer be liable for payment of the Trustee's fees or expenses. The right of the Trustee to receive each periodic payment • 19 • representing its ordinary compensation (in the form of its normal administration fee) for its services rendered hereunder shall be subordinate to the rights of the Certificate Holders to receive scheduled payments of principal and interest with respect to their Certificates; provided, that in the event of a default by a City, or any other action requiring extraordinary action by the Trustee, the Trustee's right to receive compensation for services so rendered or reimbursement for its costs shall not be subordinated to the rights of the Certificate Holders to receive payments of principal and interest with respect to their Certificates. 503. Protection to the Trustee. The Trustee Shall be protected in acting upon any notice, resolution, consent, order, certificate, report, certificate or other paper or document reasonably believed by it to be genuine and to have been signed or presented by the proper party or parties. The Trustee, in its discretion, may consult with counsel, who may be counsel to the Cities or the Association, with regard to legal questions and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or Suffered by it hereunder in good faith in accordance therewith. Whenever in the administration of its duties under this agreement, the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of bad faith on the part of the Trustee, be deemed to be conclusively proved and established by the certificate of an Authorized • Officer of the Association or a City and such certificate shall be full warranty to the Trustee for any action taken or suffered under the provisions of this agreement upon the faith thereof, but in its discretion the Trustee may, in lieu thereof (but shall not be obligated to), accept other evidence of such matter. The Trustee may in good faith buy, sell, own, hold and deal in any of the Certificates provided pursuant to this agreement, and may join in any action which any Owner may be entitled to take with like effect as if the Trustee were not a party to this agreement. The Trustee, either as principal or agent, may also engage in or be interested in any financial or other transaction with the Association or the Cities, and may act as depository, trustee, or agent fir any committee or body of Owners of Certificates Or other obligations of the Cities as freely as if it were not Trustee hereunder. The recitals, statements and representations in this agreement or in the Certificates contained, save only the Trustee's execution of the Certificates, Shall be taken and construed as made by and on the part of the Cities, and not by the Trustee, and the Trustee does not assume, and shall not have, any responsibility or obligation for the correctness of any thereof. The Trustee may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents, or receivers, and shall be entitled to advice of counsel concerning all matters • 20 r of trust and its duty hereunder, and the Trustee shall not be answerable for • the default or misconduct of any such attorney, agent, or receiver selected by it with reasonable care. The Trustee shall be reimbursed by the Cities for expenses incurred in hiring attorneys, agents or receivers in connection with the performance of its obligations hereunder. The Trustee Shall not be answerable for the exercise of any discretion or power under this agreement or for anything whatever in connection with the trust, except only for its own willful misconduct or negligence. 504. Cities and Powers of -rustee with Resoect to the insurance Policy. (A) Trustee as Independent Contractor. Trustee shall be an independent contractor, and nothing herein shall constitute Trustee or any of its officers, employees or agents as officers, employees or agents of Insurer for any purpose. (8) Duties of Trustee With Respect to the Insurance Policy. (i) The Trustee shalt accept delivery of the Insurance Policy, including a list Of the Lease Agreements that have been scheduled and insured under such Policy (the "Insured Obligations "). (i i) The Trustee shall be the custodian of the Insurance Policy and the named insured under said Insurance Policy. (iii) The Trustee shall receive, disburse and account for all payments and proceeds from the Insurance Policy pursuant to the terms of this • Trust Agreement. (Iv) The Trustee shall certify and identify by a specific number each Insured Obligation. Such identificat'On shall also include the name of the obligor, the commencement date of the Insured Obligation, a schedule of Lease Payments payable under such Insured Obligation, including the amount of each payment, the dates on which the payments are due and corresponding purchase prices (as defined in the related Insurance Policy) and any other information that may reasonably be requested by Insurer. (v) The Trustee shall, unless prohibited by law, be the legal owner of the Insurance Policy. (VI) The Trustee shall also create and make available for inspection, at the request of Insurer, the list of the Insured Obligations. (Vi f) The Trustee may also perform any other duties which, by mutual written agreement between Insurer and Association are delegated to and accepted by the Trustee. (viii) The Trustee shall receive and account for all Lease Payments, late charges or other fees, as the case may be, and payments of purchase prices, if applicable, with respect to the Insured Obligations. 21 • • (ix) The Trustee shall provide a semi - annual report to the Insurer on each of the Certificate Payment Dates covering all Insured Obligations not in default or otherwise terminated, The report shall contain: (a) A list of the Insured Obligations held by the Trustee: (b) The amount of insurance payments made by Insurer if any, received by Trustee with respect to each Insured Obligation scheduled under the Insurance Policy issued by same; (c) The amount of payments of principal, if any, received by Trustee from or on behalf of Association with respect to each Insured Obligation; (d) The amount of Lease Payments received by the Trustee under each Insured Obligation. (x) The Trustee shall provide written Notice of Delinquency to the Insurer in the event of default or termination of an Insured Obligation, The notice shall conform to the provisions of the Insurance Policy and shall contain the Identity of the City, a description of the nature of the default or the termination, the extent to which the Insurer has made any payments with respect to such default or termination, and any information concerning the disposition of or legal action taken with respect to each such Insured Obligation. • (xi) The Trustee shall, at the request of Insurer, provide such other related information as it may have in its pcssession and take any other reasonable steps to obtain for Insurer any such "formation or documents in the possession of third parties. (xif) The Trustee shall execute, process, and administer all Notices of Delinquency, Proofs of Claims and Payments of Claim in accordance with the provisions of Section 7.03 hereof and in accordance with the terms of the Insurance Policy. (xiii) If the Trustee has not received from any City a Certificate of Completion at least sixty (60) days prior to that City's Acceptance Deadline Date, the Trustee shall notify the Insurer that such City has not filed a Certificate of Completion. (C) Warranties and Representations of Trustee. The Trustee warrants and represents that; (i) The Trustee will not encumber its title to the property leased under a Lease Agreement which constitutes an Insured Obligation and will not create any security interest in such property except as provided in this Trust Agreement or in the Insurance Policy insuring the obligation. • 22 (i l) The Trustee will not assign any obligation or Interest in • the Policy except as contemplated in this Trust Agreement or as provided in the Policy. (iii) The Trustee will not alter, amend or waive any of its rights with respect to an Insured obligation or the property which constitutes an Insured obligation, without .the prior written consent of Insurer, except as contemplated in this Trust Agreement or as provided in the Policy. (iv) Tne Trustee will not exercise any right of termination, if applicable, with respect to an Insured obligation or the property which constitutes an Insured Obligation, except as set forth in the Policy without the prior written consent of Insurer, • 23 • ARTICLE VI • CERTIFICATES: TERMS AND PROVISIONS 601. Delivery of Certif Kates. The Trustee is hereby directed upon written request from Association to execute and deliver, to the original purchaser thereof, Certificates in an aggregate principal amount of Dollars (5 ) evidencing proportionate interests in the Lease Payments to he paid by one or more of the Cities under the Lease Agreements. 602. Date of Certificates. Each Certificate shall he dated as of December 1, 1984 and interest with respect to such Certificate snail be payable from December 1, 1984. 603. °avme t -f Principal and Interest With Respect to Certificates. (a) Dates and Principal Amounts of Maturing Certificates. r.ne Certificates Shall mature on the Oates and in the principal amounts and interest with respect thereto shall oe computed at the rates set below: Maturing Principal interest Maturing Principal Interest August I Amount Rate Au ust 1 Amount Rate 1985 5 • 1986 1 990 198, 1991 1988 1992 1989 1993 1994 (b) Payments With Respect to Certificates Equal to Total Lease Pavments. The total principal and intere St due on ail Certificates shall not exceed the total Lease Payments due under the Lease Agreements. cU Proportionate Amount of the Lessee's Payment. The total amount of each payment of principal or interest made to the 4olgers of the various Certificate maturities is comprised of interests in Lease Pavments by the Cities in the following proportions: • 24 Due Grand 1.Try Rancho August 1 Claremont Terrace Placentia Cucamonga Riverside Total 1895 1986 1987 1988 1989 1990 1991 1992 1993 !994 604. medium of Payment; Form; Date The Certificates will be executed and delivered in fully registered form without coupons, in the denomination of $5,000 each or any integral multiple thereof. The Certificates maturing in the years 1985 through 1989 shall be in substantially the form set forth in Exhibit B -1 hereto. The Certificates maturing in the years 1990 through 1994 shall be in substantially the form set forth in Exhibit B -2 hereto. Subsequent to a mandatory redemption pursuant to Section 615 of • this Agreement affecting all or a portion of the Certificates, the Owner of any Certificate which has been redeemed in part ray be issued one or more Certificate not evenly divisible by $5,000 (an "Irregular Denomination "). Principal and premium, if any, with respect to the Certificates will be payable at the Principal Office of the Trustee. Interest paid with respect to the fully registered Certificates shall be paid On Payment Dates of each year, commencing August I, 1985 to and including the date of principal payment or redemption, whichever is earlier, by check or draft of the Trustee to the registered Owners of the Certificates at the address shown On the Certificate registration books maintained by the Trustee for such purposes on the Payment Date with regard to which such payment is made, as of the close of business on the 15th day of the month preceding such Payment Date, whether Or not such 15th day is a business day. 605. legends. The Certificates may contain or have endorsed thereon such provisions, specifications and descriptive words not Inconsistent with the provisions of this agreement as may be necessary or desirable to comply with custom, or otherwise, as may be determined by the Cities prior to the delivery thereof. 606. Execution. The Certificates shall be executed in the name of, and by, the Trustee by the manual signature of an authorized officer of the Trustee. • 25 607. Negotiability, Transfer and Registry. All the Certificates issued • pursuant to this agreement shall be negotiable as provided by law subject to the provisions for registration and transfer contained in this Article and In the Certificates. 608. Transfer of Registered Certificates. (a) Each Fully Registered Certificate shall be transferable only upon a register of the names of each Certificate owner (the "Certificate Register "), which shall be kept for that ourpose at the Principal Office of the Trustee, by the registered owner thereof in person or by his attorney duly authorized in writing, upon surrender thereof together with a written instrument of transfer satisfactory to the Trustee duly executed by the registered owner or his duly authorized attorney. Upon the transfer of anv such Fully Registered Certificate, the Trustee shall provide in the name of the transferee, a new Fullv Registered Certificate or Certificates, of the same aggregate principal amount and maturity as the surrendered Certificates (unless there has occurred a partial redemption of such Certificate pursuant to Section 615. (b)(iii) hereof in which case the principal amount of the new Certificate shall be equal to the unredeemed principal portion of the Certificate submitted for transfer). (b) The Trustee shall deem and treat the person in whose name any Outstanding Fully Registered Certificate shall be registered upon the Certificate Register as the absolute owner of such Certificate. whether such Certificate shall be overdue or not, for the purpose of receiving payment of, • or on account of, the principal of and interest cn such Certificate and for all other purposes, and all such payments so made tc any such registered owner or upon his order shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of t.. ^e sum or sums so paid, and neither the Cities nor the Trustee shall be affected by any notice to the contrary. The Cities agree to indemnify and save the Trustee harmless from and against any and all loss, cost, charge, expense, judgment or liability incurred by it, acting in good faith and without gross negligence hereunder, in so treating such registered owner. 609. Regulation with Respect to Exchanqe and Transfers. In all cases In which the privilege of exchanging or transferring Fully Registered Certificates is exercised, the Trustee shalt execute and deliver Certificates in accordance with the provisions of this Article. All Fully Registered Certificates surrendered in any such exchanges or transfers shall forthwith be cancelled by the Trustee. For every such exchange or transfer of Certificates, whether temporary or definitive, the Cities and the Trustee may make a charge sufficient t0 reimburse any of them for any tax, fee or other governmental charge, other than one imposed by the Cities, required to be paid with respect to such exchange or transfer, which sum or sums shall be paid by the person requesting such exchange or transfer as a condition precedent to the exercise of the privilege of making such exchange or transfer. Notwithstanding any other provision of this agreement, the cost of preparing each new Fully Registered Certificate and any other expenses of the Cities or 26 C� • the Trustee incurred in connection therewith (except any applicable tax, fee or other governmental charge other than one imposed by the Cities) shall be paid by the Cities. The Trustee shall not be obliged to make any exchange or transfer of Certificates during the fifteen (15) days next preceding May 1 or November 1 of any year. 610. Certificate Register. The Trustee shall keep or cause to be kept at Its Principal Office a Certificate Register, which shall at all times be open to inspection by the Cities and the Association; and, upon presentation for such purpose, me Trustee shall, under such reasonabie regulations consistent herewith as it may prescribe, register or transfer or cause to be registered or transferred, on the Certificate Register, Certificates as herein before provided. 611. Temporary Certificates. Pending preparation of the definitive Certificates, any Certificates delivered under this agreement may be initially delivered in temporary form exchangeable for definitive Certificates when ready for delivery. The temporary Certificates may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the Association, shall be without coupons and may contain such reference to any of the provisions of this agreement as may be appropriate. Every temporary Certificate shall be executed by the Trustee and be delivered by the Trustee upon the same conditions and in substantially the same manner as definitive Fully Registered Certificates. If the Trustee delivers temporary Certificates, it shall execute and furnish definitive Certificates without • delay and, thereupon, the temporary Certificates shall be surrendered for cancellation at the Principal Office of the Trustee and the Trustee shall deliver in exchange for such temporary Certi °'sates an equal aggregate principal amount of definitive Fully Registered Certificates of authorized denominations of the same Interest rate or rates and maturity or maturities. Until so exchanged, the temporary Certificates shall be entitled to the same benefits under this agreement as definitive Certificates delivered pursuant hereto. 612. Certificates Mutilated, lost Destroyed or Stolen. If any Certificate shall become mutilated, the Trustee, at the expense of the Owner of said Certificate, shall execute and deliver a new Certificate of like tenor and number In exchange and substitution for the Certificate so mutilated, but only upon surrender to the Trustee of the Certificate so mutilated. Every mutilated Certificate so surrendered to the Trustee shall be canceled by it and redelivered to, or upon the order of, the Association. If any Certificate shall be lost, destroyed or stolen, evidence of such loss, destruction or theft may be submitted to the Trustee, and, if such evidence is satisfactory to the Trustee and, if an indemnity satisfactory to the Trustee shall be given, the Trustee, at the expense of the Certificate Owner, shall execute and deliver, a new Certificate of like tenor and numbered as the trustee shall determine in lieu of and In substitution for the Certificate so lost. destroyed or stolen. The Trustee may require payment of a reasonable fee for each new Certificate delivered under this Section and of the reasonable expenses which may be incurred by the Trustee In carrying out the duties under 0 27 this Section 612. Any Certificate issued under the provisions of this Section • in lieu of any Certificate alleged to be lost, destroyed or stolen shall be equally and proportionately entitled to the benefits of this agreement with all other Certificates and coupons secured by this agreement. The Trustee Shall not be required to treat both the original Certificate and any duplicate Certificate as being Outstanding for the purpose of determining the principal amount of Certificates which may be issued hereunder or for the purpose of determining any percentage of Certificates Outstanding hereunder, but both the original and duplicate Certificate shall be treated as one and the same. Notwithstanding any other provision of tnis Section 612, in lieu of delivering a new Certif °cate for a Certificate which has been mutilated, lost, destroyed or stolen and which has matured, the Trustee may make payment of such Certificate. 613. Place of Payment. The Trustee is hereby appointed as paying agent for the Certificates. The principal of the Certificates shall be payable at the Principal Office of the Trustee. Interest on Fully Registered Certificates shall be payable by check or draft of the Trustee mailed to the Owner of record on the Payment Date therefor of such Certificates at the address shown on the Certificate Register. 614, Evidence of Signatures of Certificate Owners and Ownership of Certificates. Any request, direction, consent, revocation of consent, or other instrument in writing required or permitted by this agreement to be signed or executed by Certificate Owners may be in any number of concurrent instruments of similar tenor, and may be signed or executed by such • Certificate Owners in person or by their attorney; or agents appointed by an instrument in writing for that purpose. Proof of the execution of any such instrument, or of any instrument appointing any such attorney or agent, and of the holding and ownership of Certificates shall be sufficient for any purpose of this agreement (except as otherwise herein provided), if made in the following manner: The fact and date of the execution by any Certificate Owner or his attorney or agent of any such instrument and of any instrument appointing any such attorney or agent, may be proved by a certificate, which need not be acknowledged or verified, of an officer of any bank or trust company located within the United States of America, or of any notary public, or other officer authorized to take acknowledgments of deeds to be recorded in such jurisdictions that the persons signing such instruments acknowledged before him the execution thereof. Where any such instrument is executed by an officer of a corporation or association or a member of a partnership on behalf of such corporation, association or partnership, such certificate shall also constitute sufficient proof of his authority. Nothing contained in this Article shall be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of the matters herein stated which to the Trustee may seem sufficient. Any request or consent of the Owner of any Certificate shall bind every future Owner of the same Certificate in respect of anything done or 28 • • suffered to be done by the Association or the Trustee in pursuance of such request or consent. 615. Redemption. (a) Dam or Destruction: Insurance Proceeds. The Certificates are subject to redemption in whole from time to time, in inverse order of maturity of those Certificates representing the right to receive Lease Payments from the City Causing such prepayment of its Lease Payments, on the earliest possible Payment Date, without premium, at tre principal amount to be redeemed, together with accrued interest to the date filed for redemption, from the Net Proceeds of insurance resulting from damage to or destruction of a City's Project and deposited with the Trustee in the Redemption Fund pursuant to the provisions of a Lease Agreement in the event the City leasing all or a portion of the Project so damaged or destroyed has filed a Certificate with the Trustee stating that the Net Proceeds of insurance are to be used to redeem Certificates, as specified in Section 40601) hereof: provided. that no such redemption will occur unless such Net Proceeds, together with funds then on hand in such City's Acquisition Account, Lease Payment Account and Reserve Account and available proceeds, if any, of the Insurance Policy are sufficient to redeem all of that portion of the Certificates representing interests in such City's Lease Payments. (b) Default• Termination• Insurance Policv. In addition to sectio redemption pursuant to sub, (a) hereof, the Certificates are subject to redemption in whole or in part from time to time, without premium, at the • principal amount to be redeemed, together with a --- ued interest to the date fixed for redemption: (i) In the event that a City's Lease agreement terminates on a November I as a result of ( i ) failure of the Trustee to present by August 20 in each fiscal year of such City, satisfactory proof to the Insurer (which satisfaction must be certified to the Trustee by the Insurer in writing on or prior to such August 20) that such City has budgeted, appropriated or otherwise made funds lawfully available to pay its Lease Payments for such fiscal year or (i i) such City's failure to cure all defaulted Lease Payment obligations occurring in such City's fiscal year by the August 20 immediately following the end of such fiscal year, then all of that portion of the Certificates representing interests in such City's Lease Payments shall be redeemed on such November 1 from amounts In such City's Acquisition Account, Lease Payment Account, Reserve Account and from proceeds of the Insurance Policy. ( i 1 ) In the event that the Trustee has not received any Certificates of Acceptance and a Certificate of the Insurer with respect to a City's Project on or prior to the twentieth day of the first calendar month immediately preceding such City's Acceptance Deadline Date, then all of that portion of the Certificates representing interests in such City's Lease Payments shall be redeemed on the first day of the first calendar month immediately following such City's Acceptance Deadline Date, from amounts in 29 such City's Acquisition Account. Lease Payment Account and Reserve Account and • from proceeds of the Insurance Policy. (III) In the event that the Trustee has not received Certificates of Acceptance and a Certificate of the Insurer with respect to all of a City's Project on or prior to the twentieth day of the first calendar month immediately preceding such City's Acceptance Deadline Date, then part of that portion of the Certificates representing interests in such City's Lease Payments, proportionate to the amount of such City's Project which it has not acquired and accepted tSuch proportion Of the unacquired and unaccepted portion of the Project to be equal to the principal amount of Lease Payments not insured under the Insurance Policy at that time), shall be redeemed on the first day of the first calendar month immediately following such City's Acceptance Deadline Date, from amounts in such City's Acquisition Account and Lease Payment Account, from amounts in such City's Reserve Account in excess of its Reserve Requirement (as reduced pursuant to the appropriate subsection (F) Of Section 407 hereof) and from proceeds of the Insurance Policy. (c) Amount Paid to Certificate Holders. In the event that part, but not all, of that portion of the Certificates representing interests in a City's Lease Payments is to be redeemed, the Certificates to be redeemed shall be selected by the Trustee in the following manner: the Trustee shall identify those Certificates which represent interests in the Lease Payments of the City causing such redemption (either through (i) its election to use the Net Proceeds of insurance for such redemption or (ii) its default under its Lease Agreement), and shall select from such Certificates particular Certificates to be redeemed in the inverse order of their maturity. Where • more than ore Certificate of a maturity is to be - edeemed, such Certificates Of such maturity shall be redeemed pro rata. For the purpose of the selection described in this paragraph, all Certificates registered in the name of the same Owner shall be aggregated and treated as a single Certificate held by such Owner. Notwithstanding any of the foregoing, in any such partial redemption the Trustee shall, according to such method as it shall deem proper In its discretion, make such adjustments by increasing or decreasing by not more than $5,000 the amount which would be allowable to any one or more Certificate Owner, as may be necessary to the end that the principal amount allocable to all but one such Owner shall be an integral multiple of $5,000. No Certificate selected for redemption as described above shall be redeemed in a principal amount which exceeds that portion of the principal amount of such Certificate representing interests in the Lease Payments of the City causing such redemption. (d) Revised Lease Payment Schedule. Upon redemption In part pursuant to subsection (a) above, the Trustee shall provide the City causing such redemption with a revised schedule of Lease Payments, which schedule shall take Into account Such redemption and shall be and become for all purposes thereafter Exhibit A to such Lease Agreement: provided, that such schedule shall not become effective until approved in writing by the Insurer. • 30 616. Redemption Fund. Moneys to be used for redemption of Certificates shall be deposited in a Redemption Fund, which shall be a special fund to be held in trust by the Trustee, separate and apart from all other funds. Said moneys shall be set aside in the Redemption Fund solely for the purpose of redeeming the Certificates in advance of their maturity and shall be applied on or after the date designated for redemption to the payment of principal and interest with respect to the Certificates to be redeemed upon presentation and surrender of such Certificates. 617. Notice of Redemption. when redemption is authorized or required pursuant to the provisions hereof , the Trustee shall give to the Certificate Owners and the Insurer notice of the redemption of the Certificates at the expense of the City causing such redemption. Such notice shall specify: (a) that the whole or a designated portion of the Certificates is to be redeemed, (b) the date of redemption, and (c) the place or places where the redemption will be made. Such notice shall further state that on the specified redemption date there shall become due and payable upon each Certificate to be redeemed, the principal (Or portion) with respect thereto, together with interest accrued to said redemption date, and that from and after such redemption date interest with respect thereto shall cease to accrue and be payable. Notice of such redemption shall be given by mailing, postage prepaid, not more than sixty (60) days nor less than twenty -five (25) days prior to said redemption date, copies thereof to the Insurer and the Owners of any Certificates, whose Certificates or a portion thereof are to be redeemed. Any • defect in the mailing of such notice shall not affect the validity of the proceedings for the redemption of the Certificates or portion thereof for which no such notice is given. 618. Payment of Certificates or Redemption. Notice having been given as aforesaid. and the moneys for the redemption, including interest to the applicable redemption date, having been set aside in the Redemption Fund, the portion of Certificates to be redeemed shall become due and payable on said redemption date, and, upon presentation and surrender thereof at the office or offices specif led in said notice, said Certificates shall be paid at the unpaid principal amount with respect thereto, plus any unpaid and accrued interest to said redemption date. If, on said redemption date, moneys for the redemption of all the Certificates to be redeemed, together with interest to said redemption date, shall be held by the Trustee so as to be available tnerefor on such redemption date, and, if notice of redemption thereof shall have been given as aforesaid, then, from and after said redemption date, interest with respect to the portion of Certificates to be redeemed shall cease to accrue and become payable. If said moneys shall not be so available on said redemption date, interest with respect to such portion of Certificates small continue to be payable interest until paid at the same rates as they would have been payable had they not been called for redemption. All moneys held by or on behalf of the Trustee for the redemption of particular Certificates shall be held in trust for the account of the Owners of the Certificates so to be redeemed. • 31 619. Part l al Redemption of Certificate. Upon surrender of any Certificate redeemed in part only, the Trustee shall execute, and deliver to . the Owner thereof, at the expense of the City causing such redemption, a new Certificate or Certificates In an amount equal in aggregate principal amount to the unredeemed portion of the Certificate surrendered and of the same interest rate and the same principal Payment Date. Such partial redemption shall be valid upon payment of the amount thereby required to be paid to such Owner, and Cities. Association and the Trustee shall be released and discharged from all liability to the extent of such payment irrespective of whether an endorsement shall or shall not nave been mace upon the reverse of such Certificate by such Owner and irrespective of any error or omission in such endorsement. If redemption results in any change in the proportionate interest in the total principal and interest pavments to be made on such Certificate or Certificates which is related to each City, the Trustee Shall endorse the new Certificate or Certificates in such manner as will reflect such change thereon, • 32 • ARTICLE VII • COVENANTS: LIMITATION OF LIABILITY 701. Association to Perform Lease Agreements. The Association covenants and agrees with the Owners of the Certificates, to perform all obligations and duties imposed on it under the Lease Agreements; and to enforce the Lease Agreements against the Cities in accordance with their terms. 702. AS, 4ment by Association. The Association hereby confirms the assignment made to the Trustee pursuant to the Assignment Agreement, which assignment includes but is not limited to all of the Association's rights and remedies under the Lease Agreements, including its rights to receive Lease Payments thereunder. 703. Action In the Event of Non - Payment of Lease Payments. Upon failure by any City to pay any Lease Payment in an amount equal to the Lease Payment so due from such City on or prior to the Due Date pertaining to such Lease Payment, Trustee small transfer the unpaid amount of such Lease Payment from the Reserve Account of the City which failed to make a Lease Payment to the Lease Payment Account of such City and thence to the Certificate Payment Account, as provided in Section 407 hereof, and if necessary, Trustee shall exercise its remedies under the Lease Agreement, and any other remedies which Trustee may have by contract or by law. The Trustee shall file with the Insurer a Nct,ce of Delinquency (as such • term is defined in the Insurance Policy) immediately upon the occurrence of any of the following events but no later than 10 :ass after receipt of actual knowledge thereof: (i) the failure of a City t: fulfill its Lease Payment obligations on a Due Date (such Notice of Delinque ^:y to be successfully given for each such failure: (ii) the occurrence of any other Event of Default; (iii) the failure of a City to cure all defaulted Lease Payment obligations occurring in such City's fiscal year by the August 20 immediately following the end of such fiscal year, resulting in termination of the related Lease Agreement on the November I immediately following such August 20; (Iv) the failure of the Trustee to present by August 20 in each fiscal year of a City satisfactory proof to the Insurer that such City has budgeted, appropriated or otherwise made funds lawfully available to pay its Lease Payments for such fiscal year, resulting in termination of the related Lease Agreement on the November I immediately following such August 20; or (v) in the event the Trustee has not received any Certificates of Acceptance and Certificates of the Insurer with respect to a City's Project on or prior to the twentieth day of the first calendar month, immediately preceding such City's Acceptance Deadline Date. Thereafter, the Trustee shall, not more than 10 Business Days nor less than 5 Business Days prior to the next succeeding Payment Date or the redemption date, as the case may be, file with the Insurer a Proof of Claim (as such term is defined in the Policy by written, telegraphic, telex or telephonic means, provided, however, that if by telephonic means, written Proof Of Claim must be subsequently d ^!!.ered to the Insurer not less than 3 • 33 • days prior to a Payment Date or the redemption date). Provided, however, that in the event that the portion of the Certificates representing interests in a City's Lease Payments is to be redeemed (in whole or in part) pursuant to Section 615(b)(I1) or (Tit) hereof as a result of such City's failure to accept its entire Project on or prior to its Acceptance Deadline Date, the Trustee shall file with the Insurer a Proof of Claim not less than 5 business days prior to the redemption date. The Trustee shall terminate a City's Lease Agreement in accordance with Section 4.3 of each Lease Agreement. 704. No Obligation by Cities to Owners. Except for the payment of Lease Payments when due in accordance with the Lease Agreements and the performance of the other covenants and agreements of the Cities contained in Said Lease Agreements and this Trust Agreement, the Cities shall have no obligation or liability to any of the other parties or to the Owners of the Certificates with respect to this Trust Agreement or the terms, execution, delivery or transfer of the Certificates, or the distribution of Lease Payments to the Owners by the Trustee. 705. No Obligation for Performance by Trustee. Neither the Association nor Cities shall have any obligation or liability to any of the other parties or to the Owners of the Certificates with respect to the performance by the Trustee of any duty imposed upon It under this Trust Agreement. 706. No Liability to Owners for Payment. Except as provided In this • Trust Agreement, neither Association nor the Trustee shall have any obligation or liability to the Owners of the Certificates wits respect to the payment of the Lease Payments by the Cities when due, or with respect to the performance by the Cities of any other covenant made by them in the Lease Agreements. 707. No Responsibi iItY for Sufficfencv. The Trustee shall not be responsible for the sufficiency of the Lease Agreements; the assignment made to it of rights to receive moneys pursuant to said Agreement; the value of or title to the Projects; or the Insurance Policy. The Trustee shall not be responsible or liable for any loss suffered in connection with any investment of funds made by it under the terms of and in accordance with this Trust Agreement. 708, Trustee Nay Require Opinion of Counse i. Before being required to take any action, Trustee may requf re an opinion of counsel acceptable to Trustee, which counsel may be counsel to any of the parties hereto, or a verified certificate of any party hereto, or both, concerning the proposed action. If It does so in good faith, Trustee shall be absolutely protected in relying thereon. 709. Indemnification to Trustee, Association and Insurer. Each City shall and hereby agrees to indemnify and save the Trustee harmless from and against all claims, losses and damages, including legal fees and expenses, arising out of (i) the use, maintenance, condition or management of, or from • 34 any work or thing done on, a Project by the City leasing such Project, (i i) • any breach or default on the part of such City in the performance of any of such City's obligations under this Trust Agreement, (iii) any act of negligence of such City or of any of its contractors, servants, employees or licensees with respect to the Project of such City, (10 any act of negligence of any assignee or sublessee of such City, or of any agents, contractors, servants, employees or licensees of any assignee or sublessee of such City with respect to such City's Project, or (v) the construction and acquisition of a Project or the authorization of payment of the Acquisition Costs by such City for such Project, to the extent permitted by law. indemnification for any tort mentioned in this Section shall be limited to the extent and in the amounts provided for by California law, No indemnification is made by the Cities under this Section or elsewhere in this Trust Agreement for willful misconduct, negligence, or breach of duty under this Trust Agreement by the Trustee, its officers, agents, employees, successors or assigns. The Cities further covenant and agree to indemnify and save the Trustee, the Association and the Insurer harmless against any claim, loss, expense, advance, and liabilities which they may incur arising out of or in the exercise and performance of their powers and duties hereunder and under the Insurance Policy and the provisions of this Agreement relating to the Insurance Policy, including the costs and expenses (including reasonable attorneys fees and disbursements) of defending against any claim of liability, and which are not due to their negligence or default. The Cities further covenant and agree to advance to the Trustee, Association and the Insurer all amounts requested as the costs and expenses of such defense. Any and all special obligations of the Cities under this Section 709 shall be and remain valid and binding • special obligations of the Cities notwithstanding tre payment in full of Lease Payments. 710. Agreement to Pay Attorneys' Fees and E-penses. In the event any party to this Agreement should default under any of the provisions hereof and the nondefaulting party should employ attorneys or Incur other expenses for the collection of moneys or the enforcement Or performance or observance of any obligation or agreement on the part of the defaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable fees of such attorneys and such other expenses so incurred by the nondefaulting party. 711. Power of Trustee to Control Proceedings. In the event that the Trustee, upon the happening of an event of default under Section 8.1 of any of the Lease Agreements (an "Event of Default "), shall have taken any action, by judicial proceedings or otherwise, pursuant to its duties hereunder, whether upon its own discretion or upon the request of the Owners of a majority in principal amount of the Certificates then Outstanding, it shall have full power, In the exercise of its discretion for the best interests of the Owners of the Certificates with respect to the continuance, discontinuance, withdrawal, compromise, settlement or other disposal of such action; provided, however, that the Trustee shall not, unless there no longer continues an Event of Default, discontinue, withdraw, compromise or settle, or otherwise dispose Of any litigation pending at law or In equity, If at the time there has been • 35 • filed with it a written request signed by the Insurer or Owners of at least a majority in principal amount of the Certificates Outstanding hereunder, opposing such discontinuance, withdrawal, compromise, settlement or other disposal of such litigation. 712. Limitation on Certificate Owners' Right to Sue. No Owner of any Certificate executed antl deaivered hereunder shall have the right to institute any suit, action or proceeding at law or in equity, for any remedy under or upon this Agreement, unless (a) such Owner shall have previously given to the Trustee written notice of the occurrence of an Event of Default hereunder: �b) the Owners of at least a majority in aggregate principal amount of all the Certificates then Outstanding shall have made written request upon the Trustee to exercise the powers hereinbefore granted or to institute such action, suit or proceeding in its own name: (c) said Owners shall have tendered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request: and (d) the Trustee shall have refused or omitted to comply with such request for a period of sixty (60) days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Trustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Owner of Certificates of any remedy hereunder; it being understood and intended that no one or more Owners of Certificates shall have any right in any manner whatever by his or their action to enforce any right under this Agreement, except in the manner herein provided, and that all proceedings at • law or in equity with respect to an Event of Defau't shall be instituted, had and maintained in the manner herein provided and fOr the equal benefit of all Owners of the Outstanding Certificates. The right of any Owner of any Certificate co receive payment of said Owner's proportionate interest in the Lease Payments as the same become due, or to institute suit for the enforcement of such payment, shall not be impaired or affected without the consent of such Owner, notwithstanding the foregoing provisions of this Section or any other provision of this Agreement. • 36 ARTICLE VIII • AMENDMENT; DEFEASANCE; ADMINISTRATIVE PROVISIONS 801. Amendments. This Trust Agreement may be amended in writing by agreement among all of the parties, but no such amendment shall become effective as to the Insurer or the Owners of the Certificates then Outstanding, unless and until approved by the Insurer and the Owners of a majority in aggregate principal amount of Certificates Outstanding: provided that no Such amendment shall impair the right of any Owner to receive his proportionate snare of any Lease Payments in accordance with his Certificate of Participation. Notwithstanding the foregoing, this Trust Agreement and the rights and obligations provided thereby may also be modified or amended at any time without the consent of any Owners of the Certificates, but only (1) for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in this Trust Agreement, or (2) in regard to questions arising under this Trust Agreement which the Cities may deem necessary or desirable and not inconsistent with this Trust Agreement and which shall not adversely affect the interests of the Owners; provided that Association, the Cities and the Trustee may rely in entering into any such amendment hereof upon the opinion of bond counsel whose opinion is acceptable by underwriters in the marketing of tag- exempt obligations of political subdivisions stating that the requirements of this sentence shall have been met with respect to such amendment. Standard b Poor's Corporation shall be given written notice of any amendment to this Agreement or the Insurance Policy. 802. Defeasance. If all Outstanding CerWicates shall be paid and discharged in any one or more of the following ways (a) by well and truly paying or causing to be paid the principal of and interest with respect to all Certificates Outstanding, as and when the same become due and payable; (b) by depositing with the Trustee, in trust, before maturity, money which, together with the amounts which are then on deposit in the Certificate Payment Account, is fully sufficient to pay all Certificates Outstanding, including all principal and interest; (U by depositing with the Trustee. in trust, Federal Securities in such amount as the Trustee shall determine will, together with the interest to accrue thereon and monies then on deposit in the Certificate Payment Account together with the interest to accrue thereon, be fully sufficient to pay and discharge all Certificates (including all principal and interest) at or before their respective maturity dates; (d) by depositing with the Trustee, under an escrow deposit and trust agreement, security for the payment of Lease Payments as more particularly described in Section 4.7 of the Lease Agreements, said security • 37 • to be held by the Trustee, as agent for Cities and to be applied by the Trustee to Lease Payments representing the obligation of each City under the Lease Agreements, as described in Section 4.7 of the Installment Sale Agreement; notwithstanding that any Certificates shall not have been surrendered for payment, all obligations of Association, the Trustee and the Cities under this agreement with respect to all Outstanding Certificates shal! cease and terminate, except only the obligation of the Trustee to pay or cause to be paid to the Owners of the Certificates all sums due thereon and the obligation of the Cities to bay the Trustee the amounts owing to the Trustee under Sections 502 and 710 hereof. Any funds held by the Trustee, at the time of one of the events described above in subsections (a), (b) or (c), which are not required for the payment to be made to Owners, or for payments to be made to the Trustee by the Cities, shall be paid over to the Cities pursuant to written instruction from an Authorized Officer of the Association. 803. Security Interest; Filing. Each of the Cities shall provide the Trustee with satisfactory evidence that: ( 1) the Trustee has good and marketable title to the respective Projects or a security interest constituting a first lien on the respective Projects; (2) the respective Projects are and will remain free of any prior lien or security interest; and (3) the Cities will not encumber the Project during the term of the applicable Lease Agreement. Such evidence shall be supplied by the Cities to the Trustee • on an annual basis, commencing with the Acceptance Deadline Date and on each November I thereafter during the respective terms of the Lease Agreement. 804. Trustee to Keep Records. The Trustee shall keep books and records of all moneys received and disbursed under this Trust Agreement, which shall be available for inspection by the Cities and Association at any time during regular business hours. 805. Notices. Ail notices to be given under this Trust Agreement shall be in writing and shall be given by mail to the party entitled thereto at its address set forth below, or at such address as the party may provide to the other party in writing from time to time. If to the Association: Southern California Association of Governments 600 Commonwealth Avenue Los Angeles, California 90005 Attention: Executive Director If to Cities: City of Claremont 207 Harvard Avenue Claremont, California 91711 • 38 City of Grand Terrace • 22795 Burton Road Grand Terrace, California 92324 City of Placentia 401 East Chapman Avenue Placentia, California 92670 City of Rancho Cucamonga 9320 Baseline Road Rancho Cucamonga, Caiifornia 91730 City of Riverside 3900 Main Street Riverside, California 92522 If to Trustee: First Interstate Bank of California 400 California Street, 9th Floor San Francisco, California 94104 Attention: Corporate Trust Department If to the Insurer: Fireman's Fund Insurance Company 777 San Marin Drive Novato, CA 94998 Attention: Financial Insurance Dept. • "unicipal Section :.: General Counsel 806. California law. This Trust Agreement shall be construed and governed in accordance with the laws of the State OF California. 807. Severabilitv. Any provision of this Trust Agreement found to be prohibited by law shall be ineffective only to the extent of such prohibition, and shall not invalidate the remainder of this Trust Agreement, 808. Binding on Successors. This Trust Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 809. Execution in Coun terparts. This Trust Agreement may be executed in several Counterparts, each of which shall be an original and all of which shall constitute but one and the same agreement. 810. Headings. Headings preceding the text of the several Articles and Sections hereof, and the table of contents, are solely for convenience or reference and shall not constitute a part of this agreement or affect its meaning, construction or effect. • 39 • • U IN WITNESS WHEREOF, the parties have executed this Trust Agreement by their officers thereunto duly authorized as of the date and year first written above. (SEAL) Attest: City Clerk Approved as to legality and form: City Attorney (SEAL) Attest: City Clerk FIRST INTERSTATE BANK OF CALIFORNIA, as Trustee Trust Officer ASSOCIATION OF BAY AREA GOVERNMENTS By: Executive Director CITY OF CLAREMONT CITY OF GRAND TERRACE 40 Mayor (SEAL) Attest: CITY OF PLACENTIA • City Clerk Mayor (SEAL) Cl-,f OF RANCHO CUC.AMONGA Attest: City Clerk (SEAL) CITY OF RIVERSIDE Attest: City Clerk 41 • 11 Imlfllvw,Nl,/urLw r yty6 ry — 'Im ~ .eMww IIIY I... f ll.r,.M Nl. ra 1 CIN r yAY1pIR 'M m .6 p 6 IMYI tfU. OiYr IW Il.ia..M Y3. IM NEW 155LIE 1�I `J PRUAINARY OFFICIAL SFATLYIENI DATED NOVEMi1 16, IM RATING: Su.dwd At Pm',: (S.'Rau c Emmnl InIMapww eJfawHell Hill A Mill, AIwpwwl[Aw [a'9wwwa Sw F'waum. Caf/ SPwlll CwwN.0 etllAAp IM, .wdwlan,, 'whip, w 1-14,W C ww. ,.M yonwn N tali !w. Mmw+ Aw wl ✓ IM (wla AID 1 plAp„AN w w6 19I 1.~ ww .'wi !, 316 ev `r�MI' f Pwwt It e+tipt /ron'. Auwtr M AM VwW Sew. e/ A. wl f— Prml w I "Ilm,w M Ir Srw o/6 f/ S1.39e190w CERTIFICATES OF P.AIMCMATION IE , rAtltrYn 1e6reer 41r Gallen 71w d r LYY h /rte N r Mar N Ar SOG71IZIN CMJFOL ASSCLN Of GOVE2N14ENTS �NM CITIES OF CL%LNIONT, GRAND TERRACE, PLICEYCA kY .D RANCHO CUCAMONGA, CALIFOLNU Me! DeeAwar L INe I AAt m Ary 1. 1 9113. by l Elws - d re m 16Will Im C m"A w a 1 . wry e Flwmeil FW lewnw Cwl/9n n0 Ywmquc�um91YeYr13. tm"4 alr.. Imrw6 P.. w Y4 Cltyl Lrw h9Aww wilt 10 Lwr Apwwl. 9w -Lrr h>orm Imanw' kma i� .unTlm x21rDlTi• l i ll W � � � wa 1985 6133.090 t 1911 9103.9N % 1 1966 :W.999 1990 233.990 1991 :33.009 957 2mm y� 19'6 210AW 1992 IOA00 a Ahb INS 610 nA,r6 4wnt 0w O,twYO 11 19161 y*¢ M1cwm.sim." m d a ft.Yn HwW Nw. AwAwYl wpwwftw w ww9 wlw6 r.4r i n3.Y0rrraw.r�. N ft ill rrwww, r+wr6 rAer rw a bwAiss rCwawetr —Gww.1 ■l rywNwa^ 1'16 Cw,AAww 1. jaws Pwle ill a all 43p6 ftf t1 'ill AA U wf l!l&, f e'ww•N.14wmWw y�wwl r Ia IIMr Iryallw 9) f9w NNI N3hl • wrtr. A ,wlweNrl IA CarywwwA Sw Irnwwm, C4h/wra SwaN p Caw.l. W certW wAw YeHlrr. Carw lyN wwlw,.,I/M IwAN pPl rM Lltfw ■■ l awl A lw. /wwwYi Cwpw ho Aap Call^ww. fl I, wwwN '"'A' Cw"IL.a rll ill l a4lr 9N a . ./V0.a11weIw , IH/wl4w . /w Nliwry w fa ApNU C4llwwa ^It u' °6o'A Ow. ^Mr 0, 19H a: Merrill Lynch Capital Markets Kelling & Co., Inc. p Duel: N. a W ..... 19N , S4ww w .Wr. • • i rlrAarame wm R tmm era mra llltl ran man nw r4•mr rw u-rrr xn Im i ate a oropar ra a � mm, otw tour ureor e.r im u-vaw wa rm m Nodfvlw. Aak,.. solayersmwwMpem AN b ooko, d by fM.4sxaimweM can ro Aim o igwwnbv w ro —b my ryrrsaoaloa orMf rhm rAm eamaad Armev seL I/AAer w nWe,sah wM in�bw wrrpvrssbo -1 oat bro0a1q , a Aoo, Iran mthm"d/y rM Namnmae w th, iC Ha. TAI' Odfvld Srauaw dw oa oo oOw to ml w rM m/rcirreq of mo#krtoAvyar +holl'line It. . othrofrM Cxrylcsa Ay. Pr to arJ.radlaiae iv wAkh isa U. wfe, reek wrsoo to web i.A a oOx, so&tomew a two This Opeid Srrawsw a mr to a aoeon a a et000 t wah rM wsrhoaw of IM 4nylrax. Srssams ..ad it rho OOfeial St...bd iorvlw uwaa, laraaa or warm of mw .M'M or Aa rrpnrsly w dfunbd Amer ere m." sold, a r Arnlw of sr M foram'/ ae nasmavrrer M /sv. The iefwwaion m /oak hemir Am Asn o1raiMlrxn rmnvr wU h ar MNW to be MYbl. Mr it a vvf panivsW a to atlway w mfLm'NraM ar w TM l end awcmalep'rinn no/ a s rl a p r a N N mvrr e foh h mr 1xw M,ArAasa a'or a by arM ed Al( ry of t 7.1. ro M , tote t ail, W iwmma, ary wylwun rM s, m 1. on. b fMr YrM , 4 vofthr Armnaar w rM CUkr aAV rM dmr AmaJ TABU OF CONTEYIS m 995 itTM Come ....... _ ........... ............ ........................ It We City Fm—.' l Waemnum .............................. II 1 bodptrry Procm.............. _.. ... ........... _.... IS 2 Aumred VAsstov.4 Tu C&Wctim— 19 2 Coaatuumill AaeMmuu ASrony City 2 Roam ............. ............ .. .................... .... 20 2 R ..m - Sommam fm W Cities............ 21 2 City a! Claamat .. ............................... 21 y City of Grand Tetme........... ............... 22 l City of Nmmuh .... ............................... 13 A City or llt o Ceram oM ................. 2A 5 InvoW, Omitim. r ........... ............................... u ATam Fampae ................ ............. _ .......... ......... 25 y Ccrua Lrp1 Msecm.................................... 25 I Ab Of Chip. ....... ............................... 25 9 Rams .............. ................... ............................... 25 9 Anil bility Or Dommoma .............................. 25 10 VmtWninry ..................... ............_.................. 25 11 Afimwlpmmm ..................... ............................... IA 11 IS A A — Flrmam i Food lsaomm Is Cpmdir mpvvy Comobbud Suummt d Fi0000iol Cm ammi, a N I5 1.50. 191!wA 1915 ............................... MI fl Append el S — Farm of Lrpl Op tttmt ..... IM IN CONNECTION WHIR THIS ORF11N0, THE VNOgMFR1S MAY OYMALLOT OR EFTECT TRANSACTIONS T910CH STAIMMUS 00 MAINTAIN THE MASSIF PRICK OF THE CQTIFICATES AT A LEVU ASOVE THAT 9910CN WHY OTIOQ19OE PMAZL IN THE OPEN HARM. SLCH TrAmn lNT„ H' CONOW4CM MAY BE OOCONTMW AT ANY Tm iMapmmwprAaAm o, .xaw .w uuoW nmt ox xrrvi a. ru.r . v.u..x mn ten p rm d dAlatmr im to xn . m. t . unto ,wmt �m a.l4nes xa rtra SUMMARY STATFAffNT IM SL•AON.ARY STAT17404 19 SUSMCr OI ALL RF6FE TD TIM MOIM CIORTPLL MO rLVM%L f:VYF=M I5 O ILYY BY MEAM OFF TM L OF THE STAATVANrti7 TO Fae pw......0 . ............................... Th..geiatw d.mw pbwuu. alaneef d aquipms, ..A r.l.tod p• gqodrwwmtnu Ito. "Bawd^ w W 'Ihnwm "I u M Y...0 to W ciw d Cl.wno.0 Grua Tt FWmu.oY R.aod Cuoxmp (W'Civa ") uoeer.apY.N lax AFxmmm u,th W SwWrm C.lifwm A.xo.oa of G,mw w l W'Axavtim "1. Saunty for W Cartokum ..... FAtob City U ohlipul .etld • Laax Apxmm Y ot.hs laoo hymooY ( W 'Lam hyw.0 ") a W w for iu Px EA C. uSuus hymmu b a made ,M to moro dd W CIUw ~u IpcSN is uri centCau. ErAGY Au aomrlaod oACn. L.w Afpemm eAw w loq aW MJar rr.rwmNr/s rAe Gq'r too U NOUYrrmA oovw es Airy M ."uq„iAdaderu Lae th,.f,n Uru.roYWFpr Nromob.p. C. of to .wuul mPWNmx'Y m.wJw ~ t C.Maw Lou. W ,flip. tw doouh City bmutpow h (.O.r1W bW..tpt Wth .r.a f. aoc Iw .f pvpwuaa do orukumadoodla WTrent Am.m mat fa oorAC fr,la pwwYdWGmilmo) m•Y m.Malu.adY w m pw if W Gry Cola not Nw,3, pOUGO d i Mounds Ftoww A the bands Aam.osuoMi.M1I in CUTAola Ce , topc Iwh, fmwp d tad CYtiSpu.es is o W a mWi IW C omen (ar rCi m The Rrrx Atomatp City's W. homromot Whod fw an4 d W M p a M po T th A.. City'. cor xw M Y by somamw x Amp up o tl.CUimw u W mtm Pompton 1 d CmNYO pmt o pwet City's Wmx a p.> p tax hTeuun. le.Cdiueo. a Ciq W etwoo..wa to pT M whw Cit1 r pP•a LYm h /lamY w b mW N M Adifl v W Fglaml b CatiSau O+nm .ewe a.an or raw d..wW Ciq � ne.p.platla a! Y to hr ,wu. Fw We rwow. om Citi a Cd.Yt u W p�lapt d p �Loow hywmu wCl <xr. M/aAlt ie pyRmt afae Wu iC'ojo Rwtrw Aamnt W bw,aFMtadl w M ,utwoOp CestiFaola rWE r.Plamt an i,twt m tG Low hYOes b M la.Ce y Wt Ciq, .mn tR..1A W rapiay Cior .waw b py Wr lam hyanooY u. woeslT W..I. hm.,t u u ACroommt. tad Awnatw +CI amtp b W T. fw tad t d W a+esn d tad CatiOau iu nFhu u.M W d MACa' ptro uwnuCV ��u npubrvn.muu PnW Oy mad ADesmpu ad (bl tY ItOU m afaa. amumu poofM open C.fadt Imu. Auto ...... .......... .... ................. The ahlpuw d the Ciola to moo Lo hyomott.a pad W Loom Ap..mooY u temr.0 by a Fo1iq to ad ur.od f! FixY.Y Food lowr.na C,mp.vy omaltammv ly .nA W many of W Ca.11mta Foo of CariSam ................... FYI) rHimwaC !am m Cawmlootiola d fIA00 ootl w M MWW w4 Pou raft"PIiml. otpla rl ralaary uaenoaw nr1. Rtadmptno .. ............................... Tbo Caaibuo w m my.Y u,ptlwi rod.laptb. prlw b.00xaq. Tf. Catt6ates.n xfwa b mnWtwf rad.nlpuw a C bud har.ia. The Cities ..... ............................... Th. Citila m e umbra of W AtwnLtieL whiN u• wim walad .uOanty .amq mtl..a am.w Mow u SA.t m C.OfarRla. uaePdie� tf. Ciou TIE ORTAGAT[ONS OF THE C77MF TO MAIM [EASE FAYAOLN[S L74M THE IEAQ AOR[L VWM ARE ORIl0ATI" FAYARIE FROM EACH CTM OLN'GAL FUND M ANY OTI® WVM M FUNM LEGALLY AVAn AR[E TO 9XR MMS FOR TIE FAYMMM OF TIME FAYAWCM TTff OS{IO.ATIOM OF TIM CITES TO FAY [EASE FAYMTMS DO Wr C"rMr M ORUGATTONS OF Tiff CTfm FM WOM IM CTT® AAIMM OOILICATO TO LM M PLEDO TAXATWN. THE OR NATI" TI�DQM�CT17TS7E�CTOPAY LFASE FAIOMN[S VNDO 1 CA[I�MIA OR � OF rfS FOLMM Smurvo10NS OTFHIN TM MMANM OF A�ACORMMt MMONAL M STAnlDRY DWf LAOfATWN Ow RCFPW TO.N. J • mnsmowu.w.r ¢ w 1m w nm. ~ r ntn rw -w a ..«1.« .31 f . G S � rm n i C4 « 1f =i O .m wOp-Y ¢« " Am simvtD By sovnuMN CAIJiWNU ASSOC4nON OF GOVtRNMI M iii rl L I11eK1MIM oucum ce Meat In[ .. now Ann AIWaAI lain rw -na bit a -awes IoM ew 1 CITY w G is rc ti q6 . Inwn 1.11.1 YIY Im IS.IA.M 11 M e OFFICIAL WAMMEW 111.S90 aoo• CERTIFICATES OF PARTICIPATION EIWMOM PnFwdr IMnerm N the Owen Theater w Lame Peyawme u b 41ah. now SOLIMM C.WFOONIA ASSOLTAnON Of GOVERNhffm H On wMwe tithe CITIES OF CLAREMONT, GRAND TERRACE, PLACENM AND RANCHO CUCAMONGA, CALIFORNIA PI'11VOVVC7T0N The pmpw of that Omwl Someone, .hnb inWWn the banner new, Tahoe of Cagteau avh Appendiva of Paroles! Sm, (the "Cu w p ') W " Warvadun ribbeal p the as as Nhwry a CmoMw, th Piwe; in p I,b "Gvti/smm, t s mmod0 privwpal stwat a rufat Later repromns the ditm.rod prof to be a omeiw of the come, to ium of nb "O.nen") Granf in Law paymenu 1 "Law Puymmu") a t. Code by o f a mere a Cim a der Clermont Grand n Teresa. Plaantu and lanche Csamanp. Cliifanu Itb "Cities") u the raW for ceewa ploirpo (mw to rmeeu") load from the Sambre Grfoaw bwwti 9 d Ggremmeta Itb "Aawwwu") ub" m to f io Law wool ioenu. as Nod a,t DeTom 1. erom ether "Lean ADn kr "1. The Certidue an hung "). by and &0009ot pawn to a TAIL .amameeil Nta nt a Ihambw I. IPN (the "Trot Aprteell, CA. by as anmag the Cites, ,he t Echo C ea Fun waemau Be" a d ,upo o La Angals f th Cent u ounce mW n t Tans "). u Certasu repr neeu a duvet as Citiese nt of imam a W "When then b in M n ( 'The C w b mtWp by terw w base a the Cimo nt the peranaga u 1Pedbd It cif D U 1 'The CemilgaM a Gann! P "), the PYrwut to ow • Auilnmmt Apmant Nw1 u a Oewntha 1. 1P4 sue "Awgtcmat Apreem home the Aleatmroq hat inner m the Trmumi for the much The hies u m hehu w, A the Law Amwmenra. t, to eel W ol nphte m imams Imitable by sun a the Cities wldm the Law Aprwmmu and Ibl in npu to a(arce pyoruvt of emoaqu des wpm dmWt In colonel. the CiMe m calumet to pay m the Truman toweled Law PeyoMU fa M a are Proun..hgb amw.0 w watched to he mdk mt m oath time and wangsts amoeat in Pay..bv des. the pnaipal a avd wtaoe.ah - I u the CemiMla IM "Lau Aga — Ian Paymmu '). In in Leto Aprwmnt teach City on aeansnd not it .ill tap laeh upon he my he newwcy, to iwlede W Law Puymwaend, rupaw to in Protest urth, MW boodpn and to mate the imminency amoul apprnpaholb anger. Tha oblgads Of such City w map Law hymns dM we wednu a aMifau me of the City ter Wbm not City a ahlipull s ion' or ~ atcy farm a uatian or fa.mA M City hat lernd w pndp W sy, form of to emone, Neither the CrnvMtu new the obligation of sub City w . mate Law Paymau amlluM in uWokedn of.eer City, W Sou of C hfmm or any of in padeiml nolivivam viIbW the mount! a any audatioW or matey deW tauudon or ramaUm. For emus luoeol mfonaua with raiment to the Cidm. M "City Fisnwl IaarratlM" balent. For a dwwwKn of awe amendm u the Cultivation a the Sme of California VA ,heir impact a the Cities. M the holding 'Caudaroonl Amundson, Aladieg City lwimmot undo 'City tinamool Informanon" heien. Fireman', Food iuugaa Comply IM "Imem ") will touch, Polley (the "Policy") limafiwwwly With the delivery of the CmiMta uwarms gyms, of tub City, Laaw Paytumu uvder no Limn APSmen, Pw a donations of the Policy. M "Law Pa", ImvalM' benu. Sub)wt to Chance. • • `I : awm..eeaml a .,,. I— mel. ncp relit xMVlw vin �n.asm c.r u. r..at ss. Le 1 cm a mAaml OS . rt w new wan ovru m Iw u•+w -se uls era E9TBNATID 1,5E OF PROC6F71u- The prow's to he marred from the seb niche Certibata (other Nan umrued Nterot wbmh will be depthtd in the apWimd mrerm suMCCwos of the rapecurc Lone Payment Accounts) art atwatd to On aalid as Mires rn a' were M L'r Sti Sry we maser CYr Teti lYi <° Twl Rayon Car .. ..... ... ..... ......... ..._ ...... ........ .._................,,,. f311.9N wim 9 '66.590 S •9.91n 51......19 Lets R..,. P mm011) ............ ............. .. 1106191 1345) 1_'.161) 14591 =O l Suhtwl ......... ... ...... ... ..... ..... ..... ........ ....... ........ .... ... ...... . ]80.5W $9.655 6LL'A 19,411 L10133e R. A. aunu . ..... . ......... ......... ...... ............................. 50.000 11.000 140.000 15.000 220.0(0 Capuhvd lmwe"OD .................... ............................... 1.169 1.991 9311 Loa 106.4" L nd.wnt.'I D., 16150 s.'" SI.000 5.50(1 19.MK$ Case a lau.3) ......................... ............................... I7,101 4.091 47.40 1.63$ 15.1164 Total Rlnnprl Arrant Of Cerubab ......................... $51.000 S15 -000 $1.0$9.000 9110.000 51390.000 t I1 Based upon an asewmd interest eau Of approuwulY IC pereat On the Agwutacen Account. 11.25 percot ow the Lease Peyment Asawnt and 11.25 pcomm on the Ressom Aom[1m halatea during cub Cayt Rolm acgmrua and (Aeouunu are defined heron under the badly "True AReamat "). (2) Interest is apitalimd in whale through April I, 1915 for the City M Ctarereont in whole [brought April I. 1965 fm the City of Grand Tema. In pan through February I, 1911 for Me City of PlaOmra end in whale through April 1. 1915 for the City of Rancho Coamon9a. (3) Inctudes Mourn prouuw due the [mum. OESCRUMON OF THE PROJECTS RoaeN from the ale of be Cerufiaw will W news by the Cities to acquire ad MI coma gutpmat ad tmproeou0ts n.' a comemnr for the Openness of the Cmea. The fOOnwmg prmde . d.Oncen of this quipeot ad relatan leprertemts. • w City of Cle. Raceeda from the sale of Me Cerufiates will he ws.1 by the City of Claren$ent to .fimna ad agmre certain equipeo6 daolbed" follow:.finanu one Xmm 1015 spy eachioe bard within tb city ball casilism w1N • paysR of pnnral m Me adunl, lease- puremsew of 151.615: aoqutuueo of 2.200 refuse Museum at a uses of S1 49324, delimy of wbsch took plan in Nay 1914: ,d agulaitsw of a, automald refuse suck at m eat5eatd cat of 195,000. spend no he dellmws in 14mary. 1915, Total Itase- a.hsas aokye was ansewnt to a total agwiwha /pnoral finaaw ou or 5211,999. City of Gn1d Tare. The City of Gred Tana nil acquire an in -house min ooeam sys ion The type of mum will be similar to an IBM Soria 36 or NCR 9100 Sena. We NI requlrt final buds to be subcoutd m later Nan No,mm er 11, 1964. Fivl selecuo will be made by Dow 15.1984 for an sp,sead ddnm In January 1915 The oat of the hart.,. is esuwtd at S50,= steel software at 630.000, for a Intel ackale oat mt to sad f60.1g0. w Cie of PYeaed, The City of RaemUe will, mer the oat throe final yon. he squirrel, wine qulpeat that NI either Teplaa or add to a9DUng equipment. The Last delivery 1s anuoaten in Dmehar. 1916. A devlpusn of the quipmat ad eats by UW year follows r Sublet m duns" 10 mucrryoaausaaen sc ... I— .rfu 'ce. nmrt RrNpp taw newt c u.e..r oue ye t c ce cumn ,os At rt an os lour low Anne Im ia.. aeu wu • V Y� L. 06,411, tlel.fr Compuur [ i9mt lmWt ....................... ............................... S 43.000 T18,750 $ — 41=11 rum, E upmWt .................... ............................... I= — Telaommumntwn SO. ............... ............................... W." — Hand., ad Au CWdltiWly Cmt .. .................... ......... 15.000 — — Aetonrbin........................................ ............................... .s.000 50.000 Pickup Trucks and Van .................... ............................... SLtW 16.000 — Tnclta (1 ton or WW) .................... ............................... )1.140 43.000 42000 72' M. .......................................... ............................... — — :1.000 St.S.« pa ................................... ............................... — — 85.000 PAM. L' nita ....................................... ............................... 12.000 W.OW 58.00o Tma h ................................... ............................... 615 =.640 621110 sleiaa0 S.Ysr Total ....................... ............................... 1166.590 Cip of Rrtha Cwmm p — Tbe City of Raucbo Cusmonp will aquire a Monde Sunspot. model 2TE5, faer—basl araet sweeper wiW dual mnuol4. dual rylta bloom. 1 Wbs Yad (fell - iodine) eopW spamty and a,0,, stanAad and aCOUWY Inns. A bid .(S79.929,30 was acspw6 fs tbt abort euchloe at the Ono,A 17. 1964 City Csnd Meeune wiw commas wild tea winds to be nSned wA m ten "vs. THE CERTSSTCATES Ganeea PtasYas The Cml6sts will be loud In the aggregate pnnapal amount of 51.596.000•, will be loud December 1, 1984, will erar Intact from tilt dos at tee seas per annum tat forsh W tee Wear pyg hereof. payable semlaysllY W August i and Febrsry I. eommencmS Angne I. 1915 (lldmdgety. a "Payment Data"). ad will matus, W Aught I in seh M the daslgpald yeasts ta Ne pekoe,, amwvu sheen W the Wee herof. Tbc Cml6oter raprasent miss mf tine Owners thereof in the Lease Payments to be mine by opa m • more of the Cities. The total amount of seta payment of Meampm or intend made w ilia tamer a a Cen16nte massy in sub Yes' is Wmpeud of inuress Ie IAAA Paymms pad by the Cus W the PSYmWI Dam ovcumng m the yen W forth below. In tba followly proems s: mn• Or. CLn� Tn•s aYds C = Tavel 1985 ................................... .............................1. 32.54% 6.29% 45.654 1554% l00% 1986 ................................... ............................... 26.98 6.65 54.94 1145 100 1987 ................................... ............................... 21.74 5,46 55]9 14.99 1015 1918 ................................... ............................... 27.59 5 99 66.42 — 10D 1919 ................................... ............................... 26.61 8.15 54.26 — I W 1990 ................................... ............................... — — IW.W 1991 ................................... ............................... — — IMAD — IW 1992 ................................... ............................... — — MIX) — I • Subjam to due. The Cerubnts wi0 be a to and delivered in fully reSmend form. wilhoat cwpom. In 'be denommaums, of U." acb or any Inupal multiple tbare r. Subsequent w a madatpry reampeon a0e fl$ all or a Ponlm of the Cm16uts the Owner of SAY Cati6ss wbeb ha base redamd in pat may be lssud Wa Certificate mt grant, diftible by 85,0001 W "Incryler DenglJStihp "). Prwmpa wit► MPM to the CM!fi is will be payable at the pnnctpal corporate must olMe of the Truss. Interst nth • ntaarvwa.aww S. "M roe rLt i1W nor wow TL twit � ll• . o[t. y . GtY o tarot ton .N . Ot OpYY on. W wa Iluaw.w .3 Tt r1 L J rspr to W CorrWar wdl be pyable by chmh or draft muted w th reprtw.d ~at. t W adbr+boom on the Catilau tostratsm ham wmuiml by W Ttoro for suck ptpua a, NW-POW Tin Catilar Ire me mbjr w o;Omul mUsuption pent w rarity. The Carifisr tie mbjr to redemption is wbol or is err. ,nnmt premium, at tin M=pl tmouot to W radeomd, plw mrm.W uncross to W dam W ndem tsm, as fallow 1. Io W mot W Trstw ramru w pronmma of aq tsnvs toad rWtlp (tam a.mtp w dntmn,on to W a • portion of . City. Ptojr W mesh City oatiM w the Tnuona that rape. rcpltsmst or impasamst of W dfmged or detnayetl pan of men Projr W mt ecmo®cely femble or l W belt matt assent City. tom thin w prwa . will Is@ eW t0 redefm on me mrtimt ,,omme Psym.m Nu tint portion of tin Cswulmts npwwmm stare W mcn City, Lme hymemt proeWed. tW if all of was Prgst u dam.pd m d m pd, no wd rWmpttm.W occur wr cock oft womm. %-prow wq 1.6 tbo ap l W S sac! City's Acquisition Aaonmat. Lew hymwt Aamaon aW R. Attlee, (even amaowm.s drribW hom mow W bwdlm "T,ma Apemen+ ") W .salable pcmft if my. of tin Policy, s sulkwot to twu m that partiao a tin Ca tilats roprscetiq mrste to web Cia i Los hymem L m tin..om tint a City's Law Apwmwt twmionra • Nomrsw 1 0 a r"t of (a) furs of tin Tm w, I by AMM 20 in.oiclt 5" yw of mm City mudmaoty prop( w tins la mor (wbkh mtWlala drew W rtiW w W Trmcs by tin Iwo u whiny on s pas to sch AuVW 20) that .min City w bbdpr d. appopnmW or news( mm. lode I&Way .oW.bie to My .0 Lam Paymaou for mcls dal ymt or (b) rosin City's W. w eat, W mfWtW Laos hymen anlipoam oxanio/ w N[b City i frond yon h W Altai M onmedimttly falb.iq tin W of me0 liml ymr, the W of lat Arum M the Crilar rt,pmombog mmute S mob City'. taw Paymcno "M h tmnmW on mtl Nos.mbw I from amoamu an inch City's Acyuonion Aammmt Lac. Payment Aoewpt sad Rssm Apmmt sad from poomds of W Poly. 1. In tin emw Wt tin Ihw t has not rsm..d my Cwti/ate a Aa ptsws (w dlmW emit under tM b"n,m rw Apsmet— Amisom a Aaama ") witn rsp.et w a City'. Is. a m • prior w W tw.ohro day of tin lm almost .0 io mcliamy prwa.. ewh City'e Aoapans Damon Dam (w mimed bw I war the h.odly "Let Porc►ew Apamm.om "), thm W of men p rum of W Cwromr npemwtiq iamrte u web City" Lms hysmon.bLu h rec w ow on W firm day W tin Ma dmdar mats imWi.Wy folawiy web City's Aaapnnv Dmdlm Dfa from monsoon in most CityY Aagaitiw Aamma Lams payment Amain W Rom Amra W from proem I of W Lwutwl Policy. a. In W tywt Wt W Trwm W not rmet COU60M of Acme saw Sim rspa•t to my dmcate pordm of. City's Noject m or Prior to tin wtatlro deny of tin IW kin almdar moW ismmdltoly pre - ftl City'. Aaapaw Dwdbw Dam, tsw pw of tin Cwd6mm teprfas• iml intercom S wrh CWy'e Los hymen proportionate w W aoom, of won demon pwtln wh. h a W non .RmW W aowpow. ell h mdaam I on W lisp my of tM Mn mlemdw mmro munWlmy folk"/ won City's Aocepums Dwdlp Dam from.mmvm In wph City'. Agomitlm Apmua W Lmm hynr Amoma from .mourn W mcb City', Rcowte A n ion rocs of its RWwm Rwwfa Rgiwmwt (mMW nwsom oodw W badial "from Apmmwt —Roam Ae menu ") .end from pommy d W Policy. wba e ' Ptiw W amrbaia0 or -q-.A W Tram all psa to W 0amet, written amts W tin rdmmpnom of W Cwb"w Swh notice .Wl ipwV7 (a) the dsipmced pemm of mm O,rw's Canmar to b. r ' , M tW mm of rWCmpum. W (a) W phi or pks wbm tM r.mwpnWa w 11 W mein. Sum notim .Win fortsw won that on W epw%Wd ndsOtion dam roam a" Wens dno W paymhle apom fwd Canila a w W rmwmed W psalm of W puapl Imam of sum CmNlam w M mdeaord. tgwstw with imwr sotmW to mid redss"osm date. W that from W mfr mob rammption mw Star nth Mpaa Wms ,WI many to saNS wd be psabl. 0 mfYTM1VIMfMYaw1 se sees. MIA wen none .Mr Waste. lase ..... f as u -iw.Y ray crtw a umr nee n wA nn one ..'A.,. anew tch u -sw.w oAu w • Notice of Auch admipiw SW b Siva by mailia4 pMW Repaid. nn bees than city (a) days Am lea than twenty-bvs (35) days prior to said date of aemplea (amp cast sat to (10) days sancta sMh be mint rsd in the sweet of midempncn po,wnt to (1) as (4) abo al. cape. theater to the Ovvste M any Catifiase, whose Ccrtibate a • Porhw th"af sea m b and. Ad. Any defeat in the nothing of such nova shall nee affect the validity of the pramndiep fm hM tedmpiw of any Cerubata or petite thamf nth reaps" to which uudgwm access, W ban Siva. Nona hiwlm beee gmn w Irwessld. and the moneys fm the racit isma. including hornet in the appiabls rasncpw dam. asnag base sat wide in the Redemption Food created undo the Tricot Agmvscht. the ponce Of the Cmifiaae to b red"med shat beam" use ad eyahle an sand machinate dace, artd upon prweuuw and aureate of such C,a,q.W as the off. w amts coastal in tad oscine. aid Ponta Of such Certificates spell M read As the enpmd P,w,pal asap, what tapes, shame, pea any unpw And Accrued mucm.l to lead red®pew date. If, an said rdemphm daft, moseys retire andan in n of -each poncho of the Cenibwta to M red.mad. haalin with curet to said .dsmpca data, ,ball M held by the Trustee w w to M Available therefor an such rmampphe dace and. if nasa of raemption Ihenof-ball tone been 0. At AfmWhd. then, faWh ad Aft- hid faemp,np dam chiral with repRt to such Pmra Of the Cmhfiam to M seance shalt . c .sane ad 1 payable. L'pw samda of any C" cam for redglpua a a pacete of the total pwgpal amount cberef the Teat. -hill aaum and dclner to tM Ounce therm(. A sew Cafdbam or (7enhbata muse of which nay b An Implar Deoomiwuon), m An arrant egtil an a(grapu pnumpl &east to the tacdfmhd patina of the Certificate shnead"nd and of the same mmaea note And pnocipl Payment Dam. If indentation results In any crew in the poponcwu a AAMI in the total p .,w ad curve payesew m be tae an such C"cebcam a Cerufiam +blab as misted to each City, such change shall M nalwad on the new Cmhfiam or Certificates. o.. Scarce d Payanw Fa Os, Ca"Yase Each CerWgn represents • ROporuoMm mterm hit We soltmna Lan P ymaw m W mde by now at more of the Cities to the Assistance coast such City's Inc Adroitness (See 'rbe Cmibam — Genml Rowitioe" m accentuate the Cice.' cacenup A". of payments nude nom mpm m mha AM CmtM1am dmimant, The Au Trustee f . hecant t Ns, a Chain Ant thr.mat, nR amp to nghft undo the Lou AAmmwn nt the Trots" d I the bastm the cash hf And ma des My be m npm no eam n Luce P&yolchu twh endem e a m sad, m geMn each MA, And rewrap a My Es, by any City • enforce Levee Payment when dw u t to the C to paten m c Mae as event tm a dawhlt try ya Ciry Pnncipal and hthems due with mpcol to na Ceecebame will im made hem Abs, Leas Rymenu aAM M acb City (a mM eau And pawuw of ice that haul utenal, Am maim s aM.0 tmvnow ,et procandi. proceeds other antoa doltes frateheat NetAt ,h punsa sae his uAA fm repoaustewmmc Cities oi other io he Td,aned frwm mM imAnmat of us funds and R Gat by tha Troth fa has Gana At Par m !ha Truce Ap,o eats a in arum iwtahe tram chi Raters Amwnu auavhed by the Trot Agrement a from pymgts rude by tha Imam paawam to ice PdvT. Each City late wweeanta cod. lea Lnae Ap , to make Len Payemnu for the saw boa Pweuw of Its Prole" and to tars" such anion rich your u MY ha "Ol a to ndaa W Leas, Payments Ia N annual hidden And Annually n0 APppPnem In amount necessary m Oars" each Lgae Payments. This -AMAM payable m the Trout an to he ua to make the payment of principal and mnr.t with mph to the Caabate. Under Califomv law, bran thought the Law Ape t fee web City bchms, effects, as of the dame of the Cerufiate, the obliptsw of each City to nuke Leto Payments loth" thin to the hunt than funds to auks Lour Paywnu an anilabN in ma City, Capitalized Wetet Subsection Of its L. Peymept Amount. Rams Aneuot and. m the an of uncommon of web City's Limn Apwmnt or pa"ul pepaymet of cash City's Lena Paymeeu, such City's Aryuvitim Account) my M abated in whale as In pan if the City din to base full sae ad p.sevw a its Roue. The ooiptim of rich City to bake La,e Payments doe not constitute an coupon, of Asa City for which such City is oblipned to levy in padp any font of MIAMI. Neilbst W" Cmtbame nor Wen hoiptiw of each City to wide Lsse, Paymeou wwtwm an vdeMdasr of Mb City. the Sun M Califomu Of any of its Political wbduiuwA within the mating of the Conscious, of me Sun, a Guiana 0, aherwhn w A pladp of the twat ad "aim of tuch City. • • ITC4Tepfeefml.mf ee 10f4a I-A Mf. ". •4M ee!Npf Irrel ry.f4 r i Il.yw.M 0e4 1R e "m' OI Wlflftr iU5 Tt i We . ISeIM elYll g,me lm 11.1Yry1 eRf •ghee A Revere Fund u rvublisead Under tha Truing Apament. Without the Reserve Fund hams w newbluhtd fprata Rfmr6 Accwmo fa ace City wleleb w Tegmred to be tugged from pgoones, of Aug Ceendou4a in the emeant listed far each City In the Table on pan 2 herwf. Antonio m the Refnrs Aassu t of usce C)y are to a dad ugly fa the dropping d Lease Paymmu to the ralevt mums, u that City's Lass Payment Aocvuvt w mreTM T Therefor. No City's Reserve Acceding u arallalse To mate up a de &uncy in the Lew Payment Awrount of any other City. Sea the distmum under the headini "Trutt AR.fni — Resegeen Account." Pummat to ao b Vp , Ap .L the Auocutim will wipe to the Trustee fee the banedt of the 0wnm its ndhu under all of then Lew Apeemsnu Ir iefodinS (a) nee nghu to newts unteano payable by the Cites under the Lew .Apeemenu and (b) its rights to enforu amodsu paysoe upea dcfaWL Unit" the Policy. the Imager rill image pymmt d nets CITY i Lam Payments undm its Lew Aggeentent. Sce, the difuesmn under the bgedins "Lew Payment Imunor<** . oid f.auf AYfssb Lane Payments w reyuird to be made by the Cities under the Leus Agreemm4 news Judsry 15 and July 15 (indmduelly, a "Due Dow') for w and poteuuon of the Pro3em fee the avdsl penad commennn/ on the Au6dst 2 pr e g such January 15 AM tumioauvS the Aug" 1 Impfd Wy followmi such July 15. Lew Payments nil be funded in per from Tee prxeede d the Cm)deata fee the CITY of Clarwmt throush April 1. 1965. Lrue PaymmY n0 be fundwd to whale tram tee prpnMs of tha C,eirm ct fee wa City of GUM Tema threagh April I. 1965, L. Payments rill M funded m ebule from pr9au I of the Cerueaw fee the Ciry of Pbemm th ssup June 1. 1965 in wpm to p15.o00 pnnwipl aveune of Cm3fiata, throu6e Matruh I. 1966 in wpem to 1320.000 pnnopl ameuvt of Certifies. and Teraa6h I'mwry 1. 1967 in reepnt te 5265.000 pnampl amount of Ceni6aw. Lase Paymau will he funded in whine from Pruceada Of the Ca46ata fee the City of RUSiabo Cuummp through April I. 1913. It u Mpned that the funding of Lew Psymenu for thus Cities wdl prose& adequately for The period up ne and IMludiry the de. Us which such Ciuf dull have full w and pouaiwn of Their proKas. Fisch Lew A6reemmt nquiw that Laf Payments his depou ad In the ruLUd Lew Payment • Aaoum mam.fd by the Testa. Pandsnt tow Treat ARfntenL prior to each Payment Ihte was Trmtc rill Transfer frun such City's Lew Paymant Account to We Cmdate Peyntot Account enau l under the Treat Alinement an ammmt ends! oe the Lase Paymeau due from sure City a the pleeedipp Due Date, On ouch Payment Dots. the Trvttea n0 withdraw from the Cesudcata Payment Agtwgt W a Wepte amount of ouch Lot Paymeno of We Cider and wdll apply such amagu To Auks pnuYpsl and interest pymmu me wpm to the Cmldaw, suftent m mm the following, am" ameetiauea swbedule: • a� trim!• Iw.,w• e.i 1915 .................................... ............................... $ 145.600.00 S 60.215.00 S 222.215.00 1916 ................................... ............................... 2m.000.00 III .3d5.0 311.365 ,00 1967.—........ .. ...... ......................... ..................... 260.000.041 97.165.0 357.167.00 1911 .................................... ............................... 2301000.00 79.01100 309.015.00 1969 ...... .............. ............... ............................... 305.000.0 6I 165.00 )66.767.00 1990 .................................. ............................... 225.000.0 37.367.00 264363 Up 1991 . _ ............................... ............................... 143.001).0 19.10W 1 d•.I 10.00 1992 ............ ... ....... ..... ........ .. ............... I ......... ...... 104000.00 6.960.00 16.960.0 Total ............................. ............................... 51.590.000.0 S 491.760.00 12.63!7"M • S'lU cm to chanp. 11) Sa "The Prowlom" to dmmmtne the percenmile of total pyri in such year which are comprised of The Leaf Payments made by soh City • inw9nva> msmsWS se rmr " essm. non r,yr e[nYyt It. . I.as r i ts.eaa.ec mr tw . Cm he ¢,tea+ cos n ,a sun om I.. w. reel ton Is.r.r gar t o J Fsdmatni Anew tsar Aymmu rm nch City an shorn Woe r. ter nv o.� )= e....• .. 19 83 .......: ... ................ S 13.3Op.00 f 10,166.6) f 103.101.6) S 15,016.6) f :2531500 1916 ........................... 6a,013d0 :0.63!00 1)1.0))50 35,61000 )11.)6500 1967 . .......................... 6a,962.M 19.612.50 199,665.00 53.635.00 ]3),165.00 1916 ........................... 65.25000 16G 25w 205—'a0.W — )09.015,00 1969. ..... ..................... 135."m 3240000 199.)65.00 366.265M 1990 ............._........ .. — — 262.365.00 262365.M 1991 ......... ........... .._.. — — IE4dm00 — t".IQ.W 1992 .. ........................ — — 66.9610 — 16.9m.00 Toil .................. W2.J25.M $105.329.17 5L391.614d' %1 24.291.67 f2. "1.'60M LEASE AGRELMLVM Thr Ml—r 4 a Me/ ov((w of nmmn fnvwim —hiss' m the snerul Loam AFnmmva Oetrrrn ehe On.. w Iassns, and sM Anonat(oa w Insae, mess is rot to be eovndnW a fu /J ..... mini penmvnrs'keno. Rrfneme is mode to the )eve Apeamevs fmnhr complrs. rev II..f. Copes of said d.nonss are wvlad/e /mm the Mee o mon upon rnnen erquem. The Aamoctats ri0 mm mw a Less Apasmmt +ion eam City. The Awoeeu nu spa nibs ..b Losses Arsremtent to nine funds to he depentad rem ma Trustee a +n Acqwnuam Amount vptd And. the Trust A/teemmt to Provide fm acqumuon eW ivWlatim of the ttlsW City's Aop,,. EA4 City +rsrm, v a/sut of the Asmtatton. w near tew ptnchasa aNm aW wntnat sad erns fm the oompleu acquunm and mulls. of iu pwpn Each City has apt, met n rill wuec the ear, usec suid nnlam to be dw mtlY PWornI afm the depot of much toads stn the Tnusm, aW hu +Fw6 the, in protent +ill h entrust eW imWlad in a shippoo, rtth span6ntion asp a by the City on ne Pnm te a "te.prude iv mch City's LevC AFa®mt (the'Aaspanoe Deadliest pate "). The Aemptsow IJecdijnc Dam for the City of Cremonese u Mamb 15, 1965: fm the City of Gts Tiniest u Mewh I S. 1913: fee the • City of Pletaoua o Me, 15. 1965 in nrpan to 6x35000 moapl whout of Cent6nte . February 15. 1966 in rope,, to S320 -M ptmtipal emyet a CMdnm eW Janwry IS. 1911 m mpect to SM5,000 pnnupl amauvt of Ce AUW eW fm the City of Raneho CunmeOp u Merck 15. 1985. Ea City Wm Out upon wbmmtiel ecgstge attd uauWout of any r erode of " Project, it dl tehe poesy of the' portion undo the lam and Prnwm of in; Leer Arsreemen[, Each City. upon nmpNtW a sequmtwn AM iw[aWtiom a my discrete person a its Ament reassembly rtufeuo,,lY to such City, but e any event mm her then M days follormrs nmplarlon of +peel aoyainene aW imuWtlon, Is epvind w deliver to the Trusm s mtibmOy that any diseieta porton of its project his been e,nn, imtallad aW ampW she least All Present acquuinau mu hem been piss, aWl rtth a CmLfmte of W Wmnr o ifyinl that the Porky imatw W a swh City's Loam Aymenu ImllaUvelY, a "Certirswte of Cootylets "1. 6eh City may ehe "e its pm)ect epceiihoin m w 1.2 As Hoch cheap these om reduce the valw a iu Project m nubtmtWll +Ile the "curt of iu P m aW w toy u ouch City deomu to its Apuiuuw Aecwet mdkimt funk to py far any Ymnushe in non a iu prop,, mentors frm such Chap. In the Cunt the[ the sun of acquiring a City's m pr*)M an pwm then me amnion of fmds depmiW m m tnmfnCed to such City's Acquisition Account tyathae rem inearmemt tenJnp theswo, such City but +11"wd to depot iew its Acquuits Aocou z (but only from memo,, +timing m twh City,, 191x -19rs5 rotor sister) ndklem fuWs w pay shut inenwad Amen scqsooe mu. C Subjm w cbxn,.. • • ITwLT'CMY.00.elf s. win. r MfY '1W anbr il[MY- IILI) a.. (w stn S- . tl1V w (nAdner In 1e ryp plfl pt eltnt ttlW Of. Im Y ew-aw otM .lY Ttlt to cash pry.ct wtu N reWhtd by the Armation accept fw those modiftatioa addW on ach Project by the nhud City -Itch my N amwed -heat cheap -E coach project aW which em mberwir Pentad under she routed Ices Ataement. when coach City har pas aU of the Late Payments senora to iu pryer, utk to ash Pwlm !ball he trtmfend in tell rat in ash City. The Asafiation aW the Cities apes that each City's Lear Apemen, IWI W daewld to be effective as in each comment of lac Pelt u It Y a smal no wnallad. that ape amaaow of it adtaniW portion N the "can. each City apem sett to Lae Payamu repeaet eels reW valet fee such Inh.funWl paruao of the wastes. Las Pates Each City Is miasmas under ie fats ARachees to make Lease Payment once Doe Dtte for we aW peanut N its Prolate Com Califores law. costs Ihangh the Lest Alasmm fee ants City session effective as of the daft of she Caeuhatat, We oheptioe N each City in mate tear hymmu (oshe that to that comet that funds to when Lear Paymau N smoabk o each City 's CapfslttW Iorerm Suhaamtet of its Leos Payment Auoum. RsYn Amount that, We the ax of comiptim N such Coy'. Leese Alinement no pnuel promymst of sock City's Las hymmu. such Ciry" Acquisition Amount) Pay w a41od in whole or to Pont[ them u PabmeWl Weafmma -1W tow now aW pastas, of the City's holm. Each City Y obloted to pmm, La.r Poyaau under its Las Allotment from amount a brood -nh non Tastes a Im move lenade. W affect nuodtwry ndempum N mM Cwtidmss m the Mat shat any Poem of sues City's Prolpt Ws eon boa wagaind by each City's Acceptance Deader Dace no sa M wet of Nnu{e or destnnem match City's Nitrate. and W ur ofthem proceeds ofmanna to prop, Lima Payments, se desalted bases under the heading —rb, Camfiaces— RlsOempons" Lena Payment may be meats from any saw, N IepYy to cabin funds N each City Etch City commu to sate W naoespy, scoop to includes all Las Paymu in its annual bW#d a s an mob tha mcnunry tonal appoPiatgm fw 11 ruse Lau, Paymwu • of The amount N Inn Ptym m -htch a City is obtiptrE to pay under tY Lear Apwmsam nth he scientists or ahatW donne any passed in which by rata of mmop no dstnmm them a MbaYotW interference wish seats City'. w W pom me, colic, hymn. Such adjustment, a statement wdl e i w1W she seasonal motPkWn of r.patr e, rahpatuactim colonel, papa!, Each Lear Agrees, rquine W ceWed City is comment reaW iatmnpua inww an war la of the ur Nary pan N iu hojms as rW insurance. su nc a,n se, le dmerhetipa !resin Pace hapN, Lame ay mbar carom, b, euaoft eve m Proper Not i n . amain Monsanto w pry its ors Las the Tm don c • pariaa N t ties oodin me psymot ifs h Neacanwmhw will s ideptesd NWehat icy'. and m A .pun YN used Lame hymen ea they boom, don. la sddto the C W, is swan City's Rama Amour try ha used M red Trustees to osba a am with respect w the Certificates oi o the nest Lease hyw.eu 1 &W comment o fro Mat City ct h.asw an ie000airo s PY end Ciy1 psapwtimau than N asne each and ov with casprt w the &dj,mmr u each associate Payment don. If dsmap w dmuwum a Pam Projm rch ra W manotm ce Wmeneem N each and M M W st Mat the smaverem Lae , or, mptba nth reW aboaccom, iptsmpom tamnow pwof sad cesom W steel, City's Rtarw Amwm ace imuoo the w PY Pas, City's propnieauu ehaPa N W pymmY N peieapl and tnraae don with respm w W Certidaom dent tth period that coach peym u bamd npotes m nmrtrwed ash City will have p sesis City ot Pay os loss, s Tmnr se, ammo net of t e coma swan anhoMey Mat w reedy spinet etch Ciry h Allotme w the Trrtr n tW consent os N the Crtuanntr, anchor ban rentd each li Aprmnt a the Treat Allotments. City% Ion Payment undo each dmWUmone Nonnthe samiuE rush l , Psycs with respect to manasbw Lame hymmtelemental lietW adjarerss&WthNee snecWLma hers of seek City will nos y affmW by fine Poll . e, ohs, ec ais the atom! necessary es eft man defickney h IaurW by the leaver undo the Policy. Sae tha duwrsan uWas W headit •Lear erect Imunna." lnarnvbtan)wonaen eO laefu 1— 47111. 1. ei earecoet taw 1.a.w t'ew U.M -Y exu GM1 on CLMxYtlR rte n b fro . III., I.w M1it IW i1.14.M otM 14u 4 li I' `J Each City terse to maintain or a. to be vuiauivw with repam to is PMM oneembaeun emercl palate ed progeny dense imunna, fie larwaoa frith eateodod cw.m nrtbewu INaaeee (c.alan that enhquake maurana u not ngwrnn a'bees oomponau W the Peo)ecta cen eruct a rotllne sock) tad. if ouch Plane a hated in a Road owrd mere, flood lemma. Each City than rpm to malnemn rain lntewpua leunae avenue lea of the inn o(anY Dan W ;pro . i In ad amount'gaol to the maeaaaum amount of Ieac Paymc rs due under such City r Lase A for a ncive -math renal pad. All rcgwrd tmm= mar include df- irmnnoce (if approved by the Trmem ups reamm<dauw of a qualified Imueence cmrultaml and a ntomary dduable amanu, and muse he naneamd under Polwes fegmnne at leant thirty (30) days later wrtua notice before eannune, anaWtion or rinaction, of the owenee ar dd tpmy cm g terminal s will the medyable to the Tn em Inapt m the a 1 of peblic liability % and Lion Of eY damxte mauranw) and m the eau o<aY t. Each damaae wuwon mice be payable in th amoant of the fall hadintae tat of the elated dream. Each City. trha a connected her 1 M the Testa or the Imurm. stall dehva m mica to h deemed aauNy to th Twee or Ire huuea rndace that be inurawe Policies rrqutrd by the Lase Alinement as to (WI fora ad ]Rea The 10 praemdn of anY Inauram award rewime from any damn]] w datruatiao to all m any diamee Partner of a City Protract stall be dmdwW nu the Twrn in an Inattention Fud crated uder the T., Afreeixnt for such City. Within 120 dap of neat d<pant such City tali arcJ tq the Tana nth., (a) tut tae net pra®da arc to be uulizad for the repn. Mancin matt or Improvement of the cheesed or deeaYd portwn of 1i Pmjan and sumelent funds. weetber nW such tee Dreads, inn hot appapnatd to aY the tool au of rah repair. rephammt or dDro.mtaat. or Jib) that cabinet. nPtaceaae or Impaemat of the damapd w daroyad prtuei a lu Projce u at mcenti feaubla min tee bet I ccJx . of web City. If such artidanon u Iq the 4. of fa) above tee'rata will dubgne such net be rain to such City in aaordaga It In th Tnul Apamat m aaer for to Ciry to aqn iu Proles roes repagao replacedmnmprar as heat they We hand Order, and and adluonun wine inner to the damage or of icon, ion the u the same 1trY h acoomDlubd nN mod on proebam, 1(wa! .nand ton , m the eQat M (b) aeon. tea Trades all moon such net or atria Io the Rd ®prom Pod aatea undo tee Teuu Agreenat d ce applied to ice rdempda of CenlR n e u dawned r dd undo the Nadine "'Ile. the tan Rdeapbn". If . of web plisid o rhea de been of Cead w daeonly if • such City roll L L the opwn w eavN at phe bade to h aDphad a theuwIte , redemption Ao of Cmtfiaea ym d such era rid Rot, Ace trial d M rem a bad f t web CitY'r Atquntan Amount. Leine Payment theaune and Ram] Agreal l and a acre if y, of the Iauceaa polity, an wRkuna to espy nq fall the tun unpM pnaipl amain of each CitY'n Luu MYmau. ma OefenaR W RIM." The follee bolls aMraw'erau of default" under, each of the Lan Aeresacnu: (a) f10uce by a City to pay any Lan Payment t or other yeyaae regwrd to h paw tbenaader n the unce'Pscub d lament; (b) Whim by a City to team] and Pmfmm any cOrdccci condition or agreement a le pan to he olmai or prforme, mbar than an internal to in claaa lal above, for a pad a then 1301 dap after ni merit rpafpn[ such fulua and "ammo] tot tt be nmetid bin ban lava to each City by the Aucutne to Tracem w the Owner of not lea than I.My-dn parent (25%) to sPRayte pnnepl aaoat of CdiRate that autadin6 p oindd. hewem, if thin reduce rated in the area annm he one"" d wtehia the aPPremile paid We Auavdoe, the Tana and sash Otvnaa trill art unrenaoably wiehbeld their anent to an "tad" of mh den It eaeaaniva adon u Ituntutd by each City ai the APPlichi Pend and diligently punod need Ib defaut a cbr md; and Ica the fining by a City of a voluntary petition in bankruptcy, m failure by a City prenply to lift any neat pmnhmat or atuchaat. w adpdieauon of a City er a hnhirept, ar aagrlann' by a • • nGLrlVOeeesu.aaon s[ Mnla • e seefu Tarp ver. earwbet n:at'ea.�a :I.ew.N uses! Le :e :1 y rWQVJrr 11 m ^a, xim ere :ear 111.1! qyr 1. u.iew.M ace. Win City fn the benefit of crcduces. a the enry by. City inm an ll a mt of amppmen with crdnou, or the appraal by a mart of mmpnat jurldima of a pnssim .,pliable to • City to any peormGut toutuld under the trwtsmns of the Federal Bankaupuy Code, as amended, or under any umal deal which may hereafter be cnamd. An a<nt of deaault by one City under m Lore Apeament will not result in the declaration of an event of default under the Lease Apmmmt wnh any ether City, Lord the Mocatimi of an event of default sgnficd iv l.i or 1 c I a Wve, the AsiGeiatum that upon the wnten requut of :he Owner of d mgonty of the pnnapal amium of the Cenifiaus tbad oundassi or. upon the eccvrtence of an event of default tpamfied to ib) above may. ptamd to. is) protect and enforce the dtfauloa City i Lease Apartment by such judicial Mr mp as the Association or m dadoa shall dam mat eRctuai, either by 1mt . egmty m by anion at law. whether for the specific performance of any —.an' or agmmevt mntamd in such Lease Agmm or in aid of the oernu of any power ported in such Lou Apmmmt. at to enforce any other iepl a eemtable tight rated in the Asugl or its disapa by ..b Lute Apeec t or by law: i bt take oMmd ion of the defaWtmg City's Nelson ind include such City from am, it until the default is cured, holding such City liable for the Luse Payments and other amounts payable by such City prior to such taim, of its peo)rn under acid v nued, in its Luse Attainments and the curing of such default or m l take whatuer action at iaw or in amly may appear nettaary or desirable to mfotce a fights as the owner of the defaulting City s New. inclusion, terminator of such City's Lease Atreentent and :he repouation and sale of such lavolat interisland. Meant where such terminator raulu from Failure by such Ciry to pay m Lau payments, or taulta from the City's failure to coal appropnan or olharwiu make funds lawfully available to pay Lean Myments due in any final year of such City. the Truster shall not terminate such Crays Lease Apamcot without fist obtaining camera from the Insurer Order Novel. • Each City hu the not to remodel to Project err to make modifications and addmom to it, provided such mdificmoM do not dawn such Nojat suburo.ally alt. its more. dual is to . usd for unauthorad purpau or reduce its value to a value substantially Iva than that causing prior to ouch mdifiaums All such additions and mdtfianou beams, of of such Profat and mbjm to the proymop Of the related L. .Ales . Fach City is rapouible for the improvement. repair. and maintenance of its Prom and shall My or arrange for Myestim of the wt of re ino and replacement resulan, from ordinary war and til or want of care on the Mn of catch milt City. Each City shall My. sue auu to be Mid, any tam relating to ore Project u due. The Attestation mates no warranty. ether estate, or implied. u to the value. coup. condition. merchanubhry or hut. for any pameular puspeaks or tau by any City of its Project or any Mr, them(. Each City had all ryhu into sapcct to the.arnnua of the mnannon rcpdmg its Project. ad the Mot to enforce such warranties spmall the rOniraamt. The Ardoc llu n ad any Aawwuon Retransmits.. and the .lvacuned i ... or aorta has the not at all reasonable tier! to Mail and impe t the Projects and to have reasoeadle access to the N.J. td auu suer props mumeaoa in the event of failure by the Cinu or any of them. to perform into, obhptmm. The Aeowtron had autmod its bghal (,,cap' emam mots 1. mdemnifieauon and be payments of atMtuesl under the Lau Apa not son ts to the Trans. M..or to the Amgemenl Atnemert The Qom may doup thnr ,Via under lbmr rmpmtve Lan Agreements, or sublease their respective Notice. under terrain conditions contained in the Leal Agreements. F IT)fJeryFlplf)lMLmr se pff)f C a MffIM1 'Icot NIM1i M1frµpn( '.Sill lei.ip faiw a ynlg M.Y 0 ye C(M1' i its 'a ML URI Ot T]Yp Item Oipn I[p1 s). M.Y hM Ma • Trraeetlaa P cb Lau AQeament umunata la) upon the p,,,con or prepayment by the rcetW City of all Leese Payvienu due doors, the term of such Lase Aipammt. (b) ups a default by the related City aM the Area aauon s w lit suaasai and as lne - election to tmmnmo the Lau A`rameot. Icl upon fa lug of the Tnuta to present by Au,lut 20 to each final yore of the rclatM City atuimund, Proof to the Imum I wblch ausfamon must he antfind a the Teusta by the Wurer us worm, on a Mw. to suet, August 201 that such City ties budpted aM.,r ndat or on, made foods IiafW1Y avin"ble to pay Its Lease Payments fw such final Your Ouch ternupuon to this wan. to .,. on the Nvembar I ;mmW.,ely (ollognh such Austin W). id) upon the falurc of the meted City to arc all defaulted Lau Payment mi,p toes occvmdS In such City's final yar by the Auadn 20 Immedutely fonowi., the and of such ent, yar such termtauon in this Imum to oavr on the November I simedualy folloama such An,mt 20) of Iel In the anent the Trusts ties :lot rem•ed A" Cemfiate of Acceptam with respect to the recited City, Prolat on ter poor to the trennetb day of the lest fait wcmar month tmmadutely freedom, such City's Accepum Deadline Date, and such City fall, to deltas a Cmifiate of Completion with the Twta m or pea s such City s Acepuna Dadlim Data flog teammanon to .1 not the first day of the din calendar month tmmedutdy follonatn, such Citv's Ao>epus. Dadhne Date). NotwlthataM,rl, the fore,o;n,, the Trusuc shill era tormuute a Lena Atreemat without cousin , coruent frvm the Imum. eltapt abdm such terrmadm caul- from (alone by the tattled City to pay Its Lau Payments. a rmdju from the Citys fatlum to budpt apaopnata on otherwise tyke funds Awfully available to Par Its Le••e, Pavmenu dug in any foal yar of the Gv '.' MST AGREEAdENT Thr /olloatn, la it bnr/outffa.l «nom p'n,,'. err conaaned :n the Taus, dSrnmmr by .M mm, 'be Cesar, the bswsn. sal rb Twice, aM a not to be co:u:dnrd.1.11 nammrm prrmmm, ehere'. Fgfer is made to the rrusr Apa:nena (w tAe windiest text :awn/ A copy o/ sold dorumam is .vad.hlr /roes the Association upon morn .reuar. The Trusts u appomtad du auanr to the Tast Apeement to as es a depmnory of emotions hold thereunder . The Trust Ahreedum ambonaa the Tresta to Papas. eaecua and deliver the Cemfiate. • Transfers of the Cemfiate arc to be tawterad to a re,utn toammaad by the Twta. The Trust A,ree tent crate aerml type o(aaounu ta be mamtamed by the Trusts for :he benefit Of the A -llm aM the Cited- One alxumt of catch npe damped below a e ablchrd for ach City aM Its rcutod Pro)es. banepa es OII r a rated foods held by the Trana to aaouou fa one City art not ava aWe for the benefit of any wen City. AcOwnnon ACCUdmr— A paivon of the limddeda of the saA of the CMtfiata will be d"Ited In an Acqum0on Account for beach City. Avtauou in each Auquumm Account will W distressed by the Trustee to wmPlete aaquwuon and ivwlAtioo of the reLt al Pmlder. The Troia u not required to duburfe funds from a City I Acquisition Aslant to pay far caale of such City's Proles uNm inch City delivm to the Trustee anifiauon of m ampuoa of that p Idd of lit Proles which n related to such duburummt mcludm, - Cmifiata of the laure (defined berem under the badin, L. Payment Indon. 1 u "Cmtficaut of Acceptance"), aloni with such caller ap,.Mato rmuntuem and an3anop at reduced by the Trust Alpammt. UPon mmPlmm of • City's Mil in, any amaunu rem-rotd, to that City's Acgtimuon Acuana wdl ben deli to that City, L. Payment .Account. ta ha eppin d as - a0&1 apron subsequent Lau Paymmu due by that City. UM daurrma of one of the vacua which ach result 'In termuution of a City Lau ARameo. u described bend. under the heads, "Less Apse. otmu— Termiaum," the Twtee n0 era make any furan dchunamenu from such City's Acquisition Acaant am all -module at the ttm In such Acquwdm Audi will be tamfined, u mandad to the Trout A,roomeL to such City %lase Payment Annual to be ,edited apnut such City's Lase Payment obhptsm or to such City s Redmmta Aamum to be applied to redemption of the Cmtfiata se dedcrtbrd hereln under the had,, "Th. Cenifieaabe —Re oriptuot ' • F- 1 LJ nuCnv!)wan4 oLear it w a � 01511s 711. tiler eAweaF ail raa.am . ass Le It cm a m •. 1awa x ew.m otaals mm ins isw rte Lome Payment Amounts — The Trust. will deposit In an, Cuyh Leas Payment Account all Leas Payshmu recervd from such City, praadx of renal whormipuon muumtm Mounted by web City and any other amounts required by the related Lesion Apeemcnt or the Trost Apartment. From promds of the Cernficatd. the Trustee wilt deposn into the Caprohzed Internal SuWchount of the City of Clammorl's Lace Payment Arcaum p amount to he used for paymma of such Gtyi asmd Lean Payment Obligations tough April I. 198,. :It. the Capmiwed Interest Subsections of the Lease Payment Account of the City of Grand Tema an amount to her :and for payment of all of such City i Leas Payment obligations through April :, :985, into the Cap tailem Interest Subsccount of the Leas Payment .Arcaunt of the City of Placentia an amount to M used for payment of all of such City's Lean Psym.m obhgapom through June I, 1985 in mpat to Sa5S.W0 pnnwpal ammnt of Cemfiota, plu all such City s Loss Payment obligations through March L lose in ramast to SLO.00tJ mtnmpal amount of CmiSmw gale all such City I I. Paymtint obhpuom through February I. 081 in maput m S:65.000 princpal smaons of Cern6utna. Ind into the Cap:uhred No t Subauoum of the Lose Payment Account of the City of Rancho Common,& an amount to be iced for payemem of all of such City s Lou Payment obligations through April I, 1985, In the event that on a Due Due there is nut on depart in a City a Lau Payment Account as, amount :excluding earnings during such City's Promn acquisition pmedl equal to such City's Lis.. Payment obligation parable on such Due Data then the Twues will :mmedutely mauler from such City I Rama Account to its Lean Payment Account to amount namsary m w. the bahang of the Lease Payment Account to an amount rqual to such Lease Payment obligations. In the eveet that there au imut6nans funds awlabie in web City i Resme Account for such purpose, the Testes .ball file with the owns a Notice of Delinquency, and a Proof of Claim i is such team are defined in the Policy) in miler to ause the Insurer is d.mmt with the Trustee in such Cites Loan Payment Aaamnt ,nor in the Payment Data %scc<d :ng such Due Date an amount sufficient to satisfy such Cin i Lase Payment obligations for such Due Due. Sch "Loan Payment Imunno." The Trustee will withdraw from much City s Leas Payment Amount :including its Capitalized Interest Subaccountl on each Payment Due an amount equal to she Las Payments due from that Ci ty on the Due Date preceding no Payment Data All such sums withdrawn from the Leas Payment Accounts wdl bs depard in the Cm :fiche Payment Aawum. . .., Cnyireee Pavmrm A .... m — The Trust. will withdraw tram the Cerutfimu Payment Account, on much Payment Date an amount equal m the mtimes and principal mmpanmtd of payment due web respect to the Cenmfiasa an that has aim wdl apply the time to the gyment of such principal am intends to the Owner of the Cennfimes. If on any Payment Due the bsiana in the Cem6au< Payment Account u less than the amount of principal and interest due to she Owner, of she Certificates. the Truster will apply the money on hand in the CeruBau Payment Account to the pa,nau of mterats m Leas Payments of tae Ciao from whose Lang Payment Aeeamnts such morn were marmot (hut only to the extent of such wandnwab) and. with impact to each wch City's Leass Payments, fins on the payment of interest put due, Pro raw if n.ry, and second to the payment of pnhmpal put due, pro not If nng ,. Reseme Accounts — Each Reams, Aammt will be initially funded (rash she procds of the Certificate in an arrant qLW to the related City 'x Reaerve Requirement. If on any Doe Due mane, of hand in a City s Lmse Payment Actium leeeludmg cornmp during web Crays Promea aauattion peed) do not equal wch City's Lease Payment obligations thereon. the Trwtd wharf immediately transfer money. from wch City i Revere Accounts to such City'. Lane Payment Account to aunt, up such deformity Cpm realm of dahnqumt Las Paymanu from each Ciuy. wch City s Resr•e .A wen will be welennhd whim to the Insurer , rights to reserve ddmqume Lad, Payments to the .aunt . payment musing to such Lou Payments loss ban made to the Tinning punugau to the Insurer's Prlhhy) At any rime that the balance in a City Resume Aacoam ad Lau Payment Account equal all t.... Payments min.mmg under such Cityv Leas Agreement. the Tnutng will transfer all ..aunts :n such Rnerm Account to such Leas Payment Account to he applied to the payment of such Lou Payments u they become due and payable. 'TamrypM1%N..aaal Sc pall. 11 qa)L 7ras nla[ M1fMVa hill IV. :).4 -6s .1. 5[t. is :(M1 'J [l/.[elpar a5 as M ,ait > I - I..,. sued I:m :l RM M. r I, L I In the event that Lease Aycamu of a City are to he pnpud from net proceeds of I.an. m w connection nab the termiwilon of the Lease Agroomwit or panel pnMM., of inch City Lesson Paymeos. in order to causes radempuan of CMtfiatn lea described herein under the heading 'The Cenifiatw — Redemption'), the amount on hand as such City s Reserve A.., shall be Induced m an scandal scausal to the maumum annual Lane PsYmmt obligation of such City under iu rnued Late Pay avast schedule. or a'vndm pmim" iu detemuned acoordmg to Seatton 103(c) of the IntertW Revenue Code of 1934, as command) of the total pmtmpal pvruon of such City's Lease Paymmu remammg unpaid. wbmhwer is Ica I the ^Reduced Reserve Requtrctmmt '1. and the Trusra shut transfer the babna of such Reactive Account to such Cut's Lena Paymml Account. lxwa.r Accounts — In the mint the Tanta rverves net arar.da of instance Ia mnnecum with damage our destructmn of a City, Protect, such proceeds will he dcgnued m such City's [.,.a- Account and -,It he applied by the Trans. as dwcribcd hernn under the hudmg ^Lean Ap<cmenta— lacuna." Cmis of Isuumsrr Aeebuw — A portion of the maaeds from :he In of :be Cmtfim..til be decanted with :be Tnuuo in a Costs of luuana Account and shall be applied to My costa of the muaoa and .le of :he Certificates upon the reca:pt of a aped invoice approved by the mman.omt authmm0 reprwmuuve. A" funds rmtaming in his account after all such case have been aid will be aarefared to :be Lou. Payment Account, of the Cmus. to the same p uponlne an the total pnnaPl pmiov of Lea Paymmu payable by ucb City under lu Lower Aptemmt hum to the tout pnnmpl pinion of the Lease Paymmu represented by the Cmifiates when onpo ly assumed and deWaed. Oenng the acgmsiuon period for ucb City i Pfo)eeo all interest mmnte scrums to that Cpl Lela P.Ymenl Aaonnl and Reserve Account shall be transferred to such Cary i Acqumban Account. Thereafter, inminp on a City s Russ, Account shall be transferred to such C :,v's Luse Payment Antoci Interest mmme an ouch City's other a... will he .tamed in he amount m whuh it Is tarried and shall as apphed for the purpanc for which such account eau established. ... The Trasta is required to mvut and reinvest all moneys herd under the Trust Agreernrm upon :wi-actmm from a rctrumuiv. of the Maud City. Ia Invutmenu of the nature dumbed halo.. ul Canted States Trmary notes. bonds, bIW Of certificate of ,rdsibtednw. or :here abhptions for which the WN and credit of the L'ntted Suer are pledged for the payment of pnnapu and mterwr • "Federal Sscur n n'1: Ibl Obligau.. luued by balls for imapmnves. fodml land bent, fedml intermediate credit bane, federal home loan tanks. the Factual Hame Loan Bank Ba,C, our in ohhpuox, paniapauol our other itwrume ra of at mued by, he fully guaranteed as to pnnapal and a... by. be Fedml Nanoal Mmpp Aua'attm; !cl time or demand depaiw or certiia. of depwn fully inured by the Federal Ihpwt Insunae Corpotatmn m the Federal Saviap mM Lao [..,.ace Ca,,or ... a; our id) Cmifienes of depaan m rime depauu of soy Was or.vinp and Ian susenuon rated In the bigbat category by both Moody 's Investors Sepia and Standard & Paces Coryannon. Cpm the arcvrrena of an went of default by any City under lu La. ApumcaL the Truces, a auignu of the Assonauoa. shall nature. the rural provided under such Lea. attainment end any ether remedies -halls Trustee oney have by comes or la. The Trust. aW apm to file a Nana of Nlinquedc and a Proof of Clears nW the warm under the .ca ads ... dwmhed heron vitae, the heading "Lease Nystrom Imunncia' The Trwteew is directed by the Treat Agreement, upon written equest of the association, to mepaee. ".us, coed deliver to the Cndet.nten the Cenifiatw In the agpep¢ principal amount of St.M.000 e a Suyeci :o ca n,c. r1 L J nfJmFnMfspnimall tt Neon 1— Mbu CcM MUR ep'aAt IJI fy -tip! t ". cam s :. Cm or rasa mr no a .a ma . ua.n inns wan 1. u.r...« va« w, • The Treat Agrmmerat amass proadura for tremfm of the Certificates. for reguauom nth reaper, to mchauges and vamfm. fee adiumm of delivery of teepmry Cmlfieatesl fee nosed. for Cetufi- ate which are put lot, deavoyed or nolm for and rice of'dowture of Oman add of omerehap of Cmtfimtes and for procedearm nib miern in payment of Certiheata. Th. Trustee shall nit d nquirod to "ensfer or exchange any Cmufiate during We fifteen days protecting any Paymmt Date nor to transfer or exchange any Cetnficata after the mmng of notice calling such CertWeate or portion thel for rederl nor during the dfuan dap moboadmg the giving of such nova of redemption. The Trustee is appmntod As a pli stmt for the Comficam. Pnvop it of she Certificates is payable a the pnhor al efice of the Twin. Interest, nth respect to the Coodfil is pe .hle by chink or draft of the Trustee mod in the owner of «cod, m the Payman, Data therefor. at the adorn shown cad the C<mficam «toter thinned to b winutned by the Tritium. The Trust Agreement comaw arum prwemnn loll the lability of We penes W ton o. including the fOl.w.g prdvntnN: I al neither the amecutim nor the Clues sbal have any obliganiv or labtliry to the Owns, nth respect to the performance by the Trustee of dunes wpcaed upon it by We Trust Age t: e It I cecOm as pro tdd in the Trust Agrement other the Twee nor Asnouum still have anv obbpum of obelay to the Owns, nW raper, to We polymers, if We Lease Paymeu by We CO. when due. or with rental to the performance by the Cities of any oth n mvmam made by Wait In We Lmu Agreements; and wI other the Tmnee nor the .A seal Witil be res,amuW1e for the e®ecncy of :he L. Agreemets m of the mumnan, made to n of hghu to «cave mmveys potation, to nod Lori; Agreemmu, m the value of or title id the Pfoler,s, it the Polioy Nestbes We Trunts nor the .AU oatioo shall an mpe able or liable fee any Iva suffered :n coonecum nth any mves,mee, of chow made by It under the tcmu of add a attmdana etW torn Trust Agreement, tit No Owner of any CertAce te. exec l and delivered utdes me Trust Agreement shall have the nght,n institute any sr,,, acum or proomdmg a law or :n real for any randy under We Treat Apmeme4 • unless I a) such Owner Well have prtnauly Sliest to the Trustee mum nonce a the aeeurtmm of an Ever of Default under a Lease Agrmmmt: W) We Owns, of at ima a mlenty to aggregate pwnpal amount of all the Certificates the outstanding shill have made wriucn request of the Trustee to exercvc Its perwm a o mautuu such acum, set or precdd rig to m men tome. (c) tad Oven shad here tedered to the Truwtm rmso le mdemmty agamt We corm. mlaenaes and labthues 1i be eeurred m empliaua nW such requn,: and (d) the Trustee shW have refund er amino to comply with such oxidant for a pmd of sixty 1601 dap after such Anne request asell have bolo rhost by, and said tender of 'moenuuty With have hem made to, the Tol The nght of any Ono of any Centfiote, to rmave peymant of Wd Owner's prdponim am ina be in the L. Aymmu u We same become cum. or to eauea suit for We enforeemmt Of such peymant shall vans be empetred Of aRatd wIWOU, the eottsm, of such Omm. The Trues Agreement my be antmdd at my nine without We conser any of We Araail but mly to cure anv ambiguity m defemive pro.uee o to clarify espy queshae : mcueuuv, wish We Treat Agreement and which than mm adversely affece We internal of the Oenen of the Cardboards. The Trust Age mmm, my oWdl be amend by Ameen honest ammg W panes, but tees such +madmen, in" become effective as to We loan= or the Oman than ouatadmg of the Cannata unlem and unW approved by the Iruurer and the Deno, of a p ty in aggregate pnnapal amount of the Cernfimtm Were outstanding, and no remand., shah impav Wa right of any Omer in reeve but mrhoruowu share of any Lmu Paymes, mount bit cement. The Treat Agreement termpaes ad hacomea yid A em prieapel and Interest due nW open to We Cenlfieates has been ed In full or prweuon fm paymms 0.1 has ben cede by the call if sub or Federal Securities in in amount suffthen, Itogether nW int", mama thereon) to My said pnnapei and Interest, E 'numnofana Oe.an t weer r wan ^.:av v::n erreew 1:t) v1.eam u.+...w oi9 em as , aaaar as a . I. a :oaaer e+nu „Lw : omvt :® :+. w..z. eza • ASSIGNMEYI' AGREE' NT The Jo(lowmg if o Marf ouf tee of crmmt pro, +roar of the A+npawm Aprrmrm breves, the .tuormnm and the 7wra od a roe Cmmdmrd o full +mumem prrratung thrrem, Refrrerce a made in the Arrtpmmet Ap,then, jx the compiere text theaof n Copy of laid dxumem IS evadable from the A+t «,anon upon vn/rrn nvuru. Cndes the Ammtgnment Apeement the ASSma n autuu and transfers to the Truetee. for the benefit Of the owners Of the Cemfiasa Of Pm:ctpaueo.:he rpu of the Aawnau,o under the Louse Apmmeou. nationals' :u security Interest :n the Prnlau, the right to receive Len Psydamu uadn the Lean Agreements and the ngbts and remdtm of :he Aaromuon under the Lase Apamenu to Inform Pavmmt of Lau Peymelsts. AGENCY AGREEAfEv:Tj The folfowmS u a brief ourlfne of crnam provwon ronsmnrd in the A'emy Apamenr+ Mrvan rXe Goa and the tt+«ranon ad a Sur ro .k mu:drred a fall norrmrm yrrtann' rhrrcro ReJm[[cr u made m lhr.eyrm; AM,.xnr+jot th,,aO q j, teat tbrreof. Capin oftmd dxnm w or, availaDle(rom :A, drrxmrmn upon vnnrn npuerr. The Ayenq A'rermenu pmndc for the appointment by the Aemmuon of ooh City u :ts Stmt for the a qua :uon and :retaliation of ach Cite i mpeetm Pro=, The Agency Apammu pronde that the Cana shed siipemse the Scquu:non and tmullan. of then rnhum. Pr.). and the, the Cities, u -gnu of the Association. may call Into any purchae s Wen or mr,rem regwrod for compu led Of such Projects. LEASE PAYMENT LA'SLTA \'CE The ireurer her :ssud m Pchey :reunry Payment to be Trunm, as named laurel. of each City's Lease Payments uda:n rapaum Lane Agreement, Once the premium her been pod, the Paltry, u nay ,aneallabin. The Obligation of each City under m Lone Agreement to Pay lease Payments u In cnaetderation for the use and Pressm[on of its Prances . Ender Califomu law. rim thougb the Lease Agreement for Such Gty • Occurred eReame As of the date of the Certificate. the obbpttoe of ach City to wake Lame Payments mtbo [ban to the extent that funds to coke Lease Payments an available in such Citv'm Capiulud Intarat S.Immount of is L. Payment Acmonm, Resarve Account and Aqumuan At",) may m abated in whole or in Part :f the City don not have full use and poaanan of its Rem. If all or any dawns, portion of a Proleet u rim -exalted, tnWld artd aaeptd (hemruRer referred m u -Amcipate s *l. the rNatd City asev not be oblipmd m make any, or all, of :u Laic Paymmu. The proponuatr share of the Proceeds from the We of the Cerufiota nmbutd to the Praises for each City tell be eaxmrd under the Trwm Apament m "Sew Aqueduct, Accounts fm ach City (W'Twt Apament" 1 ursW aaspuna of the Projem or a portion thereof by such City. The Project NI h paid for upon dehm ,, of ach qutlamt amt thereof and unul that tame and until Acceptance d moneys an exime d to W dubuted fresh the abatd Agalanap A.M. No such payr[aau my be ocade, however, unless the T.,a comma in ackao•Idgment of the Iten er to the effect that to the eater, of such moneys nWdnwn, the Poltry assure a propmtonssc Aducent Its dnermmd by the ledurerl of Lean Payments uadn that Lease Apsemmt la "Cemfiate of the leaarei'). If - City daa not accept N Prom by :u Acceptance gadliee Due tea 'Lase Agrammu °), that pomen of the CeruBam a repr:acnuog alternate in such City's Lose Payments shall be rdamd fan whole J no pees of its Project by base amepmd or in Pan, mis aenuot the pmann of the Prolscc team accepted, J only Pan of its Prop, W rim been a[a:ePW), at Per Plus accrued iptaras to the redemption date f which shall be the fine day of the hest almdar month :mmduuly feuomns such City's Accepuaa Dadlipe Nac) All moneys reetunug in the related Acquisition, Amount, the niad Retain Ancient (but to the rata of rdempum In Pan. only m she extent such mupeys eared We Reduced Reserve Requirement) and the Capitalized interest Subseaunt of the rciad Lase Payment Account will he tied to provide funds for such redemption nuerrvo.ona.aam. o tams.. I, waste. cam wnu escwutt ,ten +.x.em cww, :'.a...r w : <m or p.aryprl is 's .1 dear ante :sew ryyw im :tai mesa • As and forth above, the (adurc of a City to accept to atua Proles by w Acceptance Deadline Date n0 rand, in a p.rtted redanpum of that portend of the Cerrofiam relumg to such Pro). (If ,+n of the Praiser has ban accepted) m a temuwum of 1u Lease Apeemmt and radempuess of all of that m,,me of the Camfiote relate' m such Pfinect Itf an part of the Proton his toad accpted) Each CI[Yi C.multlfd Interest Sea—, of to L. Paymrnt Account has Sae fund, wt<h proceeds from the Ccmfimes m an amount mu�mem to pay all Lease Payment obhltiom of such City through me date of such Incarnation, and such City u obligated to ay. such funds to be empire, m the aymmt of Lea Payment obligauons lrespemee of whether, 11 hu eceepuod 1u Protect , .A spxi adoramat to the Policy mmndm 1a the wear that the Doman of the Cernfiatn represavvag tmmeu 10 the Lease Pomona of a City a to be reand in whole or In Pan u the mutt of such City's failure to accept its entire Prom by 1u Accepted., Dadhne Date, the the Warm will insure the paymrnt of see ammmt equal to the M.* pamon of the Certificates rcpresanng lmemu 1n mesa City s base P,ymau watch are to he ream, an such r "emptwn date: sub)m to be insurer's,gtote to have credited sipme such pymmt all mama held by the Trustees m Funds reined to such City's Protect other than funds in such City's Gmtehzaf Internet Subacmunt n(m L. peymar Acami ammnu representing matured comet m Certoarm oat then paid 1u of such redemprom use) to the Ownm of Ease CenSam and. in the as of partial rdemyum, >o amount in the Reserve Fund equal to the Reduced Rome Requirement relauvg to swh Partial mm ojm. This insurance. Dlw the mmaye available m the related Amaww as dacrtbd in the presonance pang e,, will be sufctat to'Wa the Centfiatem to he redeemed on such rd ®prom date; L. paymau on W Cernfiam not to redeemed will therv(ta he fully ward as a(oresatd. �z+ The TrwEa 1s reel be the Trust Agrmnmt to file nW the I.. a N... of Delm,u q and a Prof of Clam 1u such mrnu are define 1a the PoluI tman ia.ly upon We oomrrcnm of each of the followmll went: all a City falls to fulfill iu L. P-ymat abbpnom on a Due Due: Ib) is City fa& to cure all defaulted Lean Poymat oolipuons occmmng in men City, Aral ear by this August 20 Immediately followm{ the end of such fimuu year. mulm, to mia" Of the related Lease Agrammt on the }'wembr 1 tmmeduuly followm{ swh Auguste 20; or 14) On Tries- (ads to pteent by August 20 :n each fisal year of a City satisfactory armed to the Iruum that such City bar budged, approprtatd or other,. ..on fun& lawfully aeadable n pay in Lau Nyman for much final year. meeng m temlwtion of the related Lau Agramat on the Vmembr 1 tmmduMy follow,. such Augwt 20 • K'lthm 3 bwma, days afters radar o(• arm( of Claim fill nth the Inseam upon Ae ocenter ena of the event deambd 1n all above, the [mum will Py to the Trwta ad amount muMeat to fined) the defaulting Cal , Lea. Pnment obhpam. on inch Due Due latter moneys ,MiablO 1v mudb City s Reserve AlNdat lave ban -1111" to such City's Luse Payment unipum,I and be Trwta sWll apply such Kneads m the eavmevt of pnneopel add mmI oa the C,,,,ote as on mummdmg Paymnt Data W itWn y husma, days after meant of a Pmof of Claim filed ntb the Inswer umn the occurrence Of the went described in Ibl and (c) above, the Iowa NI ley to the Tmta an ammo watch togetptt with money, infers, from such City, A yea.. AcmaoL R. Account a" lee Payout Aocmnc will be .Mt to team that mrtlon of tee Csnihate immature mtereu m swh City s Lease Payments which u to he 'command u a 'malt of mace to um lea deatbed hymn under the among '7be Cerni ate— RdemPUm:'), ad the Trwue shall app1Y such ptaceede to such redempum. In the went that be mmmn of the Cmifiate «prmenung Intresu in a City's Lean Paymate is to be reamed (in whole or m pan) as deacnbd to the prmceomt pm mM,h me -'melt or swh C",,, fadun to -seam in cnurc Prm)ser on m Dram tom Acceptance Deadline Due. the Tasty roll file nth the Iwum a Prmf of Clam am Im than 5 mu net days pram to We redemption &a. Within I bwmea &n after rseapt of such pro( of Claim. the Imam will pay to the Trwtce the amount damsbe tv the premdmg MnmDb and the Twtm shall apply mute proceeds a the redatµim of artmd Cesuham. Con payout of • claim uded tine Policy the Iwum will be culled uram ngbu of the Trwtm with open W reulpt Of d1haltd Lau P M-M enfmmmeds m temmanan of the Lou Apmmau, I" other Prato& rmlimd m .... with he Lau Agmment. The Pohcv doe net apply to (a) any failure W a City to fulfill Its Luse Payment oblipums watch u awed directly dr mdmemly by, or result from, f0 hostile or warlike access by any jamadat. sesresp S r :rxmawa'.00am+ m wsss. wsss. raw color rai Ivsl ..v.aw neat s.w : .liar Q rUKMpn o5 n xet 'Jle.�nt ae st:t. n." tweei 1. :] iM.M mN M. • power m military. vval m air force, (it) nuclear mcnon m raduuon, roc i active contapumtim m nuclmr capimon. m till) ivunevan, rebalbon, rmeluuon. crag rap or vutped powr, se amm m dex rumon under 4derantmc or customs insulations, gmernment or public confiscation or nlb of conceded m IBcpl transportation m trade: kb) any wiuequmual bass to the Instance. the Owner of the Cenifiare m any other pame harm{ any direr or indirect mere, In any funds payable under the tervs of a Lau Agreement. arum{ from the lot of use of Lease Payment, amounts paid under the Policy or any other fun& payable under the terms of a Lau Anrmem. or Iel any :hire, or Other amount that may become due under a Lease Apreemnt v the result of the faders of a City to Pay Lease Payments when due. Tbme amounts are not Insured. If a City is no longer liable to make Lau Payments under its Live Aamement beaus a doe not hart um and poximp on Of Its Prompt as a real, of the cents descnbrd In thus paragraph, tbell may not he suf&:ent None avuliible to make all payment of pnvapl and umernt m the The full text of the Policy may be obtained by wnr m request to Director, Propaowma At Evaluation Department, Solstice. California .Asmcros on of Ala Gcvvernntmu. Calif. 9000!. The Insurer, which her beep in bnslnea an. I864, u aeon{ the lager multiple her prow¢ yasvlty insurance companies in :be Untied State. The Insurer is a Cahfornus loartporated stock :vurana company, and is licensed in all -e0 sate and the Dustnm of Columbus. Tice Insurer u an antap, of Amenan E.". Company. Firanaal sufornianon with respect to ohs Insurer Is provided n Appends A to thus Oftaal Statement. \athr, the Assibi the Cities , the L'nderwnters, ram any of W., mumel, have made an attempt m determine whether the I......... will be inaoaaliy capable of .,i.allinl Its obllpnons under the Policy THE ASSOCIATION The .U..uon is operated by the over and munue of the Southern Cantonese a m and was established to protect local control, plan for the future and provime cooperation m am -wide issue, The Counties served by the Aswnauon tie in. of impenal. Lea Arycle. Orange, R.,wil San Bernard. and Vent... The Association has hem deupnW by the Stu and federal gwernmmu as the ofculd cemprehemim punning agency for the Southern California am. The Aaac usum,, Bylaws prande n with • the power to carve a a Inwr is a tnwaion such as dumbed iv this Omelet Statement. THE C TES The four Cities making Lean Pavmenu cidmoed by the Certificated arc Claremont Grand Tema. Placentia and Rancho Comment". Of Wear aura the City of Plepi ma a charter araeted by the Suite Legislature and the Clue of Cl.,.L Grand Terns and Rancho Cuamonp arc gmml law attar The Cider of Grand Tema and Rancho Cuamonp arc loaned in the County of San Ben:ardluio, the City of Claremont is Iwtod m the County of Les Angela. and the City of Placentia it Incepted m We County of Oran,. • u nr sharee]a.ap \ml so .11. i , gas", eeL •sur Rnlr eer 'q ill. le r w Ia�M.M Ono, fJn"Y Claawgrr a5 A �a Jtl tX 0lalaa OrYM yon an 1)..4.M 02L ore Oua Papuuuon us u. for the four cilia arc aummarucd Id be fo0awmy table, along with mmparuom for do State of Cahtomse and the Cntwd Stara. Ala Pogassaddw fp Y. 1918 bwk 19,4 a- _ tin Im IaN seat t lax I IN's Clans Te.,,....... :5.; "9 ]BAI )0,9)0 32.956 9,410 !9 " OrelMTema... — 8.49 BA9g 9,516 9410 9,650 maarn4u........ .... 13.091 )].910 33.081 ]).6E5 36.511 ] ".099 ]],104 Rancho Cueadunigis .. 4O,q 4"941 54,050 56.693 59.611 $91-19 61AN Sus. of Caidomw,,... .a1000 ]],8.0: W 25.9r9.800 24.195.1da :4.469,)00 14.959,00 Cmted Sutas ..... ]:],604.000 ]:5400.000 L8.491.100 139.804.00n 313.Oaa,00 :33,736.m '35.1.24.3m Sours. Population of the Cities is from California Depnment of Finatser tar luxury I of such yur. Stau and CS, population is from S /MM Survey of Buying power CITY FINANCIAL INFORMATION Each City covenants annually to budget and appapnue cutficlenl funds to pay all Lean Pavmmts due under m Luse Agrcdmcnt. Set "The Ceruduta�ourp of p.,,ma far the Cemhum" here.. Fa furher infarmabon costuming the nnanmat condition of the Civa refer to annua audit repm on file nth the rapearve City Clerks. +. Be*— Praeasss The Ross ypr clench City aw" on the fim day of July of itch year aed ends en the tbuoah day of June of the fallo.mg your • At such data as the City Manager detcrm.a such department bud ms• fumth to the City Malaga an asumue of ramua and apndnum ter such depnment for the tmmng fiapl vans, druJed in such manner as may be prescribed by the City Mauna. In prenanol the Imposed budge the Cnv Matug e cn the --coal-, hslda conference theruts nth the rapmlm department pads, add revue de eumata as be duets advisable. At last tWny Jaye pnde to the arguments, of each fiscal year, d, City Manager submm :a the City Council the propped budget Aft. p enerm, add mak+ag such tevulotu as it creme ecvuabi, he City Counal detertrtine On time for the holding -f- public turning its. and 4. so he published • nobs thereof not lass than tax Nye poor to the north, data. Coma of the propped budget are tradable fa nspemon by the public id the 9Qtp of the City Clerk at Ian ten days poor so the heat.,. As the cooduawn of the public hanng.:he City Council further pwden de mopped budge add make env raviation deals" that it dome scruple. On or before June 30 it adopt the budget nd ravntom. if any, by the afrvutive vote of at lest a de),ty of the tau, member of de Caused From the effective Nu of the budget the several amoudu sutod as propped eapendltura becod. appopnaed to the uveral depatment. A. and henna for the oElpv add purpm tamed, protded that the City MatuRr may enmfrr the appsopmttsm of a fund from one ob)up or purpna to adotha within the same department. AB approppauam tape at the end of :he fiscal vat to the esum last they have not been eapndM or lawfully encumbered. At a public mating aft" the accounts of the budget in such of the Casa, the Causal may so eM or supplement the budget by mptan adapted by the mgonty vote of Council. W] nunnowaW..waosr sc ro"'. win. - ar Ww,a min )y.aeen r� rza s». : ` or ."Tow, 'ei 'a 41 rxnL . t.. War. aws a out 1).aw.M xt. Nat 1� u Propama 13 <Ratrvely MWAU California nun from aumt tench oblipoou debt (sec -Comn- tunmul AmaMmenu Affeenn, City Ra news "). The City Council of each City employs, at the hamming of Tacit fiscal var, an mdepmtdem eentfiM public acomarri who at such time or t,mes a Toni by the City County. at lout annally, and at such own umea u no shall dnermune, examines the combined fianaal mtamaet of aeh City in accordance won tbe... fly ""Fund audit,., sundudT. ;neludm, such tau of the accountant records and such other sudam, procdum u such accoumum considers naaary. M soon as panrtable after the and of the focal year a fiml audit and report a mbnund by such annum., 1. the Council and a copy of the finananl sutemenu as of the close of the fiscal y r is pubbabod. AaaaMl Valadea W Tax Collection; ,fd ✓olonm Peayeriv Taxation Poor to final yar !9811982, all Proarna BeenBY an .--awl by the County o,,xaO, u J percent of full ash value tmarke1 value) The Suite Bard of Fqualtuuon anased public utility prapenua at :5 pure., of full aab value St. fiscal yar 1981-82 all property ht, hem a,—, uain, fu0 rub value. The Stain Constitution and vanes'sautes Pronde cxxmpuou from ad valorem nape¢, uaahon fur anon classes of property, such u churches, colleges, nonprofit unp;ub. and chanubie ;mutuuotu. State Im all. acmpuoa from ad valorem p.*,, Y test,.. of 87.000 of full o.na occupied dwellm, Howmee the Sure retmbuna all local team, ..,homes for the Im of maces imouted to these aempnom. In addNon. altha,h bamesr mwcmona wen remind from the we roll, bepnnm, will, fiscal year 198"1. Stew mhvennon ;s Fronded on a calculated base to u:mMne foal nun, atenam for thn rducnon of U.N. mopemm. The California Community Rdavelopment la. atabonad ednelam en, atones to snue bolls pavable from the allocation of tax menses resulun, for;mrace to auaaod valuations of prosamum.nbmi deu,nd prole. a., In effect. In ruin proles area IoW team, autnornta such u the Cion raliae tax ce Only on the fmwen now asaesard walagou. Final axeued values arc avuIAlTw on or about Au,ust !J of each fiscal vicar Second Proprrtv Taw, • Suit and county taxes are due and become delinquent men year In all routines of the Sues as follows Fint installment due \Wee:bn In. Delinquent after December 10th. Saoond instillment due Febrary In. Dehnqumt after .Apm 1011h The noun we may be Pud at the curse the inn mmllmat is due. For the 1983.84 tax Your. a Fealty of we per ®t is added to the fin, msuYmcnt if not paid on or Wore Decembn i0th: and ,a Penang to the uwnd maullmiat it not paid an at Wore Apol 10th. together with in do0an cat, also added for each damned pareal. at the and of the fin, year of delmqu<ney. property n sold to be Sta. In rdamm, p.t my for delinquent uwes, part are added a the rate of 1 5 percent per month. web 35.00 rdemprton fa be aeh separately valued coral raid to tM State if n., rdamed at the end of fire yon from July lit of the year fint beeonunl delinquent the property sill be denied to the State of California . and may therafter he Told at public auction. Delinquent sawn may ni Find to :uullm mu, by Ferns 20 perce nt yearly uacxmemu of the amount to rdam: subsequent payments draw intent on the unpld beiaea at the nu of , percent per month from the date of prmour paymm, on property which want one year delinquent perm to Jam 15.:984. a rate of one pawn, par math can property rbich wen, now yar delurnom from June 15. 19 14 through lam 14. 092; and a raw of 15 P<eca, pa month on aopeny which win, one year dchnquat an or eft. June 15. 1982. Denini propene may cot be plaid on The wullment plan, hinei It an still he rdeemed it full until so;d a, nubile auction. C� J nunnowhu..owan x amen .11. vw what ae.wmla cut ....so � u.a...0 uw to h:Y or YaeMmn aS .a M L mt� ,]e were t.uu Aawn m u -4..0 as. wr. Propc,y dtmed to the Sum for dchn" uent red. MY be purchassd at phbhe aucuan by Indtnduals. The County Tax Collama abail ..,a .each propey nth. two yon after then property hat been demand in the Sum. Cvecaad FroDrny Eax1 Tuu on property aumune on the hal roll u .natured propey items.... from cal emu are billed ss soon u aunced. Tpa on the roll u of July Jbn d mWtd, teethe dehnquent on Augut Jin. Tax- ailed In the roll 1111 July J ern, d U.,.d, becam. dAunqumt the last day of the month following the month h which they went Cided..A 10 percent pamdry atuchea in We axed worth t,, berme cloquent And if %tit ad a the end of the Accord Succadm{ hunt, a 1.5 pmam penally is added an the fint day of each month until paid or mun JudMent u minim. red Caeadatd9mel ARad, City Ra<astta On June 6. 1978. Caltfomu votm approved 1'roparuon IJ, a uUmvide Initiative relating to the taaauon of real property witch added Anmie XIIIA to the Ca clerrua Coautunof Among other :hip. the Propamoa al hem ad valorem property area on all real Woplty to 1 wromt of the full have value of :he propmy; (b) eampu exutmg vote appmm bonded mdeMmaus from the I iih ant ;:mtutloo. Ict define "full mall value" p the Aasparl a,pnued vCu. .foal property AS of Mareb 1, 19'5, adivted by chap {a In the Costumer Pna Index —not - aced 3 percent p1 yol Id) p orm. uublmhment of A new "Tull mth value" whm Wm n raw cocswmton or A charge m dwnehlD; tea pemm the r..an,. up to the Much 1. 1975 value. of property which wa apt affect on the 197576 Canoe nt roll. (0 require counties to collect the I percent property tax and to "apportion according to law to the dumm wittem We auntie yl probbou naw ad valorem team on out popany, a half taxes. or uaoamon area, an the ale of real prooerty. I h) p<rmm the undau" n of apical uxea by Ideal -Intl.. other in. Wee pmhihited, by A two.thlyds (2f J) vom of the "quabfim elomme' of catch a{anea; and it rNu m a two.thude I: 5) vie Of all member of bath houum of the Leputum for any c li in Sum uxm which amid malt m -1asm moue. • An Immnve mnanunonal amendment enured "L:mtaum of Government .Appropnamnf' wp approved b5 Cliddmu vorm oo November 6, 1979 Under the amendment, wman adds Allele X1118 to the Cahfamta Comtituuou. sum and 1.1 government a{eamea an Ablm h an annual ...mr.M.'O m Itmt: ad are prohibitd from upmdid, "appropruuom unnin to I- uwlon" abav< that mt. -Ay propnaums sato,m to Lmtuuoe" Copmt of "w rmomm.' sue thandumb. and ermin moo (urlds "'Cher here- ffened m u Prooeda of uanl. The ameedment does not adex be appropnaum Of honev excluded from fee dgdmuon of "lppropreauoa .bj. to hmtuucl. each p debt same o0 md <btmna muuo{ m mthdn{ed by January I, 1979 m uhamm l lY m,bm Ad, by the vote and appropnanom thaedutd by the court. The amanndmem at, ealutlea from Ilhrthudd the apmopM,m of procaEa from re{ulaorY I eoaea. user ebagea, or other fm to the aunt that such pm AM tquW -the emu reaanably borne by each corny Ic prondin{ the «plaum, pradua, or aim." In Sternal !worm. We Comldmet prwlda that the appropnauaa Itw1 will m bated no Imam 10+879 e.penditures and nil be adipted am=IIY to mfian eNn{a - cart of living. popuution, and transfer of finarlal reaponabdity of prvndmg same from one Smentmmul chat to aemhl. The amendment aid pvodes that if as sgmay'u rheum In A" year aced the amount which u appopnnm by each alenry In oedipal w!W the tnmauve, the made mum be returned due -{ We next two final yun by mom{ W me of few ehdWee. There are many uncenamuea and ambpumu In the amendment womb will «qute danfirauon by the lepsuture or the mum. Acho dtn{I, none of the Ciuea an now determine what the precede etTet of We amendment Once the amrnhm and financial obllpuom will be Each of the Civa behmea It a pnantiv fuifillin{ all ablgauom under Article XIIIR of (be California Camumuon. is G1i1..eol aut" St radio 1 efts N NIM 11M 1:1 r.,han's CM N :Wnew, ]e A K_ ae: ye tt . 43,Oun 11.11 .. 'Cm :e•VnN Nte ha 1I 11 I o. FLgeal Sores fair W C3dh, The General Fund u a budget unit sponfici defined under California law which servo s the outn finanemg ma ment for seminal gwemmaa] aiunues to Cahfofma sues. Summana of finannal statements for the Oonml Fund of ach City fallow. ' = OF CLUILNONT Claremont u a community of almost 35.000 people. imted in the County of Lee Mgela. Caufomu, 30 oula coat of the City of La Angels on the lower slopes of the fo9[hdb of the San Oabnel Mounuw. Claremont n an anuaually a[tranlvt only with 140 sou of pxrb and [:a -hod inseam. Claremont i vuong sense of commu itv can he found to m people. The Windauou is .elldumd and includes a high caneenoauon of p,ofevianais end 1.1 maam. An cfofmd ...¢corn, cam... to npy a motor role a the mocma of Im1 government. and there a an active rtewaM1 of oi,mnn. dubs, church., and rtcrauonai acnnun. The Coy s daetophi has alwary bean doav aswoatd wttb the atadchousily acclaimed Claremont Colleges. The community takes pride to m rich oul.unul and archnenurat henuge and small mwn atmosphere ineurporatd as a [moral la. m[y to 1901, Claremont opoa.es hda a counml- manager form of gmcmment. The Genml Fund is the general overrun, fund of the Cily. All general tax mcnues and ocher rtmpu that arc not alloi by law or centruernel arumbent to some other fund are accounted for to thu fund. Expendimru of thu fund include the general operaung ctpema and nplul tmpmvemenl rmu .hob arc not paid through other funda, The fallowing table summanaea General Fund revenuer, apendnurai transfers. and ending fund btuun for the GC. of Clafcmont for final years 1978-79 through 198283. CIA of CLaNM nuwn of Gaalal Foul R. W Eap" 1. Ea1d Jana So i,, 11Y ilk. tai 6W Revenuer and Trana(eo: PfopeRy Taxes ...... .................... S 619,513 S 992:54 S 915.6'3 Sip,W,860 31.183.692 Other Laval Tats ........................ 1.08:.146 1,262,056 1.376.760 6625.912 2.082.699 Liema and Pcrmlu ... .... ._. ......... . 344,210 916.302 1,095.586 ;6x.516 1!9.514 Fines. Forfmtum, Penaluu........ 3:.754 4]631 6`.439 62.'49 —45' Interest and Rents ....................... 190.913 124,661 a88,196 58 :.40a 454667 Rennluc from Other .Agenna...... 831298 544.435 114655 628353 1:.519 CO.,,. for Cu,,m Serum ...... '99,780 '62577 8:,848 227,791 :63.34 Other Revenue ........................ 60.773 142226 16',846 )42020 364.522 Tramfm from Other Funds....... — 4•,670 J :': 153.953 32'.877 Total R.... and Tramfm. 1,951.387 9,346,318 age, ^5 4,828,478 4,925.301 -- - -- -- — Exandnum and Tmmfm: Public Saf ety ..... ............. ............... . 1.143.812 1,143.317 1.391.362 1.'47,466 1,943,889 Par", R... Culture............ 618,034 L "6.4'1 1.:40,962 1,502,'45 939.: L' General Sennett ... ...... ...._.............. - 55,7x6 550.934 608,303 6921666 638.891 Enpnemng and Doetopment ... 189.911 4.46.982 918.180 ab$,47: 442.'45 Transfer to Other Fuds .............. 15.950 3:,949 366.9x0 1.528.24: 809.162 Total Expenduue. and Transfers .............................. 3.323.471 3.948,65) 4,59':4' 5976.590 4.674,299 Excess (Nik"'ney) Revenue Ova -- Expinninures .. ............................... 5367.914 51W2665 SS 35029 S(1.108.1I21 S :52.002 Fund Baimm and Rnma,........... $1.516.130 52,605.688 S3.Or.571 S 2,056.'69 $2,305.771 Source: City of Claremont Finance Dinstm • E • F] nGR eaole m" .1 sc well. v .1. qW we. "'ac<a 'aul .u.. la.... ais CT Y :Vaaas" .1 A M<L CIy,T tae il.a. Ill. Myu{ 19 ll.—.M Met CTSY OF GRAND TERRACE The City of Grand Torso, encon riming 3.' aqui vales, is toasted In the County of San BermAino. California. It lies five vales south of the City of San &rmrdmo and ave wlee northeast of the City of WvmAe, and is hounded to the north, wand west by the City of Calton and by the County of Rlrmtd on the south. The Cav is adjacent to the Iunnoon of the Riverside Frmay I lntmus a 2353 and the San Bernardino Frearay 1lnemtaw 101, affording access to the otenarve S9albefv CaWamta freeway network. This acvork Imb Grand Tema to the Weal Cmr I .,g.1 commercial and ,odwtnai employment now. IncoepuratA on Navemher 30. 1918, the Cary of Grand Tema is a {evml law nily and operate undo he counmhmamger farm of govern...'. no C'ny County coves" of five mamhm eknd at I.". for suµoed fourryar terms. The Mayor a appmnnnt by the City C.ac;t from among la members. The (ollormg sale sumwnaa General Fund rtvenua, expevdowes. tramfm and ending fund alonm for the City of Grand Terns for fieui years 1919 -80 though 19a2.93. City of Gad Taeao Saury of Ceael Fr1 R<caew ail Fin," mes Y. Ended Jar 30 Ravenua and Tramfm: Tana........ ..... ..... ......... .._... ................... ....... ... Line. and Pe rmns ........ ............................... Fines. Forfeasra and Pennines...,.,, .._........ L. of Money and Property .......................... Imtt {ovcnmental Revaua ........... .............. Charm for Sarmm...... ..... .......................... Other fli. as .... ......... ..... ...... ....... ,.,..,.,.......,. Tramfm tram Other Funds ........................... Total Ra'enues and Transfers .................. Eapendnurto and Transfers: General Government ........... ..... ..................._.... Public Set., .... .... ....... ... ............................... Tramfm to omen Funds ...,,.,.... "._.... ... .... ...... Total Expendtum and Tramfm... .... ..... Earns IDefinencyl R.. Cnes E.N,dlm ran ....................... ............................... Fund Ulan. and Roerea . ............................... 11 Not Raportd m Camprable Temu. Sours'. Cray of Grand T. 5581.353 $1.145.149 S 969.629 S 93'.530 :'.932 4 . 4 d'I .!91 '.682 "3 4.991 3.399 19'1 !2.905 — — — ie"m 42.8]: - 9.83'1 55,060 '3.824 60.085 38,596 3:0.253 40.14.4 160.533 _68,39 1",935 0 30.623 76.610 43.616 925.831 1494.3' 1.313.638 1.525.041 111 607.'51 614.394 "10.130 III 7.'92 :89.852 326.956 (1) 13630` 19_,390 643.-Z0 911.850 1.101.636 1.03'.596 5282.11'. $ 52,1 S .5:' S :1.002 S 191.461 5218481 535.'50 S '90.132 SI.525.393 I See la •u, 1ORIWMV)4W.m1 se yell. 11 'e'll. -11, nen., xFwge .lilt N .w.Y ye u ,rT or ' uaun el M wR CN . :%an illrw tart ;. ...Nn -M well Tr. 1l L J cn MY OF PLACL` M The City of Placentia, ennumpuamg 6 r square oulm u lneata3 In the County of Oange. Callfmma, approumatdy 25 miles soushwen of the City of La Angeles. The City wal ;rompleated on December 2, 19:6, and cumendv opmatn from a charter under the mmled-admmutnwr type of Fovemmem. The City,, pnmanly a residential carom muty wah a location nor fhc lunetlon of two malor frm.aye. Whmh Iflordt access to the eatemm S..1b. Cadferme frmway ma.mk Thu ngwerk Imks Pi.emena to ibe West Cools largest c^mmmaal and mdgtnal employment Wse. In addntao, the Cary is ap miameetely 36 man cut of Los Angeles Intelna Coal Arpert and la mine north of Jahn Wayne Orange County ilrpon. Thu following table shows a summary of actual Gmmal Fund mrenues, eapendaures. Irarafere and unit, fond b.ances for 5.1 yesn 1918.19 through 1982.93 nay of Mount. Seminary of G I Fau6 Rout aN U,.W. IeT 1144 "Al 9. qU Rnenues and Transfm Property o axes ..... ............................... S 686,685 SI,O64.880 $1.233.116 51,36,125 5:.604.115 Other final saes ....... ...... ............... 1.281.14 1429.304 :'38.547 1.865.'25 1354.629 L ;rraea and pOrm116 ........................ 451.110 541.547 105.08 647,]5' '04.205 Fines, forfcnurq and pmalnn ..... 156.145 202.561 186.859 263.944 2",912 Interest and terra....... _ .............._..... 3)5.086 454.815 592. "33 602.961 499,115 Re•enue from other asenmq........ .. 1.1'9,831 8'1,29) 1.WQ'61 153,295 638.353 Chu". for cunenr M. ............. 141929 111523 130.014 92,288 158,197 Other tae rue ................... 1................ 159.669 49.878 36.903 25.430 190,907 Tranfm from other form ................ 7301582 369,990 8581402 61 i.090 119.069 3 5 652Toal Rev... and Tranfm 65.186 1/9,)95 90 5.2]8,015 6.'06,562 Expend ;mra and Tamfen -- -J -- . GeneO1 Serv;cee....... ... ... ............ 915.200 918.989 1.023.94 :.]04.'10 14298.0'2 Pubis Safe'? ........ ... 2.522,6'1 2.841,032 10'3.9'5 3.'03.386 3,996.90 Pubhe W.'" Mamtenance ......... 1,149.308 1:38.)59 1408.564 1,335,290 1.369,536 Rareanon and Human Semen...... 283.016 304.168 384.5'4 525.985 3ID'67 Tntnfe.. to other funds .................... 190.681 - 9,998 -800 1:9.029 Total Eapxndlturn and - -- Tra ufm .. ............................... 5.022,892 5.303.54' <.900.954 6.972.161 ',211251 El. t Defimmryl Revenue Over - -_ Expenditures- .............. ... ........ 512.304 S I( 53.'52) S 62:,855 S'534.1") S 155.6991 Fund Balanw and Reames ... ....... ... .... . S 808.951 S 655.199 2142",054 S 64'.908 S 13'.219 Source Gn.of plaamm so F- I L `J :lii ryOM]v...on sv weer • f Nfez1 '11. w1.1 rPVM1w[ ,rul 44 90 ;a 'J.br.Y wis It"' 1 :LIRYAr os re yes ♦`fin :ae :allot ii.11 .. W u.iaw.M wit +.0 CRY OF RA.V o CLCAMONGA no City of of Rancho Cunmodµ encdmpwmg 32 ani in la with a si em of :n9uena of 52 s9uaz<dula, u hated m ibe County of San Bernsed... Calif., The City :s eorderad on the ast oy the City of Fortuna. on the saint by the City of Onuno. on the wet by the City of Upland and on the north by the San Beresimind Mdunatm. The City is afforded my ama to the San Bemamma Freeway i intenuee 107 prondin8 a link to the extemrvc Sauthem Cahfomm Freeway network and the What Coast s iarlat omminereml and mdumal employment boas. The Ctrs, marpaeatd m Vanmba of ;9 ". u a general law dty, opmbng under :be cnsi mtb manger form of Iwemment. At nfason the Mayor u appotmed from among the live members of the City Caunml arm are eiatd. The following table summanzes Genenl Fund revenues. eapendnim, tnmfem and endme fund balanm for the City of Rambo Cuamongs for fier+l yam 1972-79 through :982-13 Cn al Raw. Caassaap Salary of Geors3 Fwd R. W EapeadRro Yon F J. M Fund Bdanm and Reactive ..... ......... 51,819.464 83.074.785 51.3 :2,182 S 665.893 53.768.211 Source: City of Rancho CuaatonP i IY'e trial tfat Ifaa tNJ Raenua and Transfers Property uses .......................... .............. S 218,518 S 616.636 S 590.311 S 669.876 S Other Loaf Tax as ..... ............................... 0 2.090.811 1122,'06 1.650.6'7 :.9:5.939 U.. and Pointer .. ............................... 0 571.607 60'.798 4-1.-93 6:5._'9 F!nes. Forfeiture and Penalua ................ 0 8.689 5,707 7.485 1'.110 Interest and Renm ............... 0 767.8': 769,348 45190x 366.171 Revenue from Other Agenda ................... 1.8/3.625 1.5/3.945 1,3'6.14 1.11,111 1.907.10' Charges for Current Semm.. ... .... ..._.... 1,052.813 379.760 593.786 606.805 ':0.3'3 Other Revenue ........... .............................._ 541,688 3.SA 75.726 5.197 12./01 Tnmfcn fmm Other Fun & ...................... 31.8% 136.679 1.324.624 1,014.362 '89.'23 Toil Revenue and innsfen.,,..... 3.'46150 5.16.053 `.026.136 '.029.03q '.3r9.081 EsNbbc af and Tnmfm: Health. Safety ............. • 1.]66,261 1,'3',692 2.)0].019 2./11.9% :.671.001 Hnlsh, WWa and enre..._................... 23.......... 35.290 0 0 0 Curemenu Recreation Parks. Re <mnd.. and Culmm .................. 111.8x0 169.5% 10.]93 103. /16 6 Semm ........... ............................... 6%.015 6 %.951 1.298.509 1,169.5% :419,250 ;.'13.618 Ehp. En and .................. 301.760 3]8.205 1,904.971 1080.2'3 ],2]3.5x2 Transfer . t Futedpvsot Tnmfa to Other Ftt6da ............................ 5,073 3u]00 95.069 1.265.071 196.061 Total Espmdnum and Tnmfm.. 2._434 31/0,9/6 5.691798 '.21'.979 6,982,631 Es. IDefidenryl Ravenm Ova E. N. duum ........... ............................... SI,IO2,016 Sl,]0'.10' SLUT u8 S 1238.93012 756,4/3 Fund Bdanm and Reactive ..... ......... 51,819.464 83.074.785 51.3 :2,182 S 665.893 53.768.211 Source: City of Rancho CuaatonP i nUwv+ s, weeL webs• rims nor bOWPe Sill vr. «ye A :1. M r as'a L C." x s.. mean cy. 'rat v.N -« xat I a • ax LNSLILM'S DLSCLAD UR The Policy tenures the payment of Lease Paymmu in amerdana with the Polity It dm rim tmun say tax treatment of the interest portion of Lease Paymrnb represented by the Certificate, mdrul ng any exemption from federal inmme tax vestment, nor does it leader any market value of the Cmlmtn sriyl and cyan from the Policy abLption reprdme Payment of Lean Payments, The Wurrn Wes no obbptirn m Cemfica. Holden m any othn person As to the tan treatment of the C,ntfiam.:be advisability or desirability of investing m the Cmtficaaa or any Aspen of the Cmaficates other %bad that, expressly sea forth to the Policy TAX EXEMPTION In the cetmon of Janes Hall Hill & While, a ProfevwrW Law Corporation. San Francum. California, Spinal Counsel. under eauung laws, reNlauom, rnlinP and ludmul denuom, the pointed of itch Lean Payment due untler the repmtve Lease Agreements deugaated As and conforming interest and received by the Ownm Of the Cmuficates. in exempt from mmme Laana by the United Stites of Amma and from perunal Income WooElOn leaned by the Store of California. CERTAIN IEGAL MATTERS Jon. Hall Hill & White. a Profomonal law Cmponua. San Franmam, Calif. Samal Couael, will rend. an opinion with r.pm to the validity and enforaablity of the Lase Apesmenu and the Treat ABreemem and as m the validity of the Cemficnes. Copes of such approving Onntrn will be avnlcbl, at the time of deivery of the Cenifiatn Cenam iepi rotten willed passed upon for the Cnderwri:m by Buchader. Neat., Flelda. Chrysve & Younger. a Prnfestanal CarOOrauon. ABSENCE OF LMGATION There is no action. suit or prOCnding known m be peMmg m tnreatened, restrornmg or mlommg the camuuos At delivery of the Cm16rales. the Lesse Apesmrnu, the {xli umrnt Apammt. the Agency A,nemenu or the Trust Apeemrm m in anv way contrntmg m atTecung the vandny of the fmfrgmng or any prm,edmp of the Cities tike. with r.pen in any of the fmgomg. RATING • Standard & Poor 's Corporation has stationed the rating of, to the Comfiutee Such rating nfieas only the view of such organization and e,plaaum, of ;he stgntfianne of mcb net may tr Oblamed from them as follows. Standard & Poor a Carpmortaa. 31 Broadway. New York. New York IDON. I::P 2e8. ...! Thine is no munna that such ro mg will mnbnue for any Oven pmod of time or that it mill not be revised downward or w1thdnw0 enartly by such faun, agmei if to the l.dpnmt of such none gemcy eircumsumes u warrant. Any inch downward revomo or wuhdrsi of mcb eaten, may hare an sdvetae ,Rea on the marks price of the Certificates. t AVARAIIIT Y OF DOCl.'NQN-[y; Capes of the Lau Ag eemenu, the Trust Aireement, the Asaynment Apeament and the Agency Agreements are Available, upon request. from the Director. Propamwn6 & Evaluation Department. Smitten California Aumuum Of Govemmmu. 600 South C..wealtb Avenue. Lat Anfela Cah(omu 90001. L'NDERWRITLNG The Cemfiatrn an bang purchased by Messll Lynch. Nero. Fenner & Smith Inmrponted AM Kdlm, & Co.. Inc Itbe "LMerwntm'I. The UMerant,n hive a,roed to purchase the Centfiutes or a Once of 8 ................... plus accrued interest. The Purchase agreement relating to the Geminates provides that the Lndenntm will purchau all of the Cendcates if any are portraits, the obligation to ake such pruchase hang sublmt ro anam terms and conditions; tit Joni, in such purchau apeernerit, he aFormal of • nurnwwvu.xaan :war. wua ^:a eau. ve-.vaa. r.n r.r.�oo ye. n .m Or ausessan .ss n +u :.eta oe ran. ;raw. o.o.n m :s. r...a• w v ..,. • zrtain Iepi matt. by roumsl and Certau other conditiow. TLc L'ndmnten may Offer and sell Cmlfialm to mruu dalm and others at pew loser than the offeveg pea stated on the coven pye harm ;. The offer.{ p.. may he changed Rom rme to ume by the Undcrwntm. MISCEL .Wows Refcrences are made herein m arum docummu and reports which are bnef summana thereof wWch do not purport m he ..,let. or defimuve and referenee u made so such dovumats and reports for full and mmpl.c a...... of the contents :bcreof. Any s;uamenu m ;Ws Offi.l Statement mvolnng matter of ommov, whither or no, apr.ly so stated are musWed u such and not u repreerunam of fan. IDts OlRcul Statement u not to be cmumurd u a contra. or a8reemem heron the Cum and the purebum or Own. Of any of be Cmsfiotn. The eaeeuean and delivery of thu Offi.l Statement has bats duly auther red by the Cans L Dated. Vevemter . 1984 El CITY OF CLAREMONT, CALIFORNIA BY CITY OF OR MND TERRACE. CALIFORNIA By CITY OF PLACENTIA. CALIFORNIA By CITY OF RANCHO CUCAMONGA. CALIFORNIA By :6 m if Mlla O». Ole SL ol". [ �e wo". is. nw N. II51 rll� :L -... ilU w S t CIiV Y CWIW[t is •n y iJI[L J ill", 1. 6W1 IW U.M1r.M ll. W APPENDIX A The Included financul Information of Fireman's Fund Inmonw C..,miny 1"Fireman's Fund "1 ha brcn represented by fcud of Fireman's Fund al mflbils, the... loolhue, and p lIcyhalde,'1.11. as of the appiiubl, pen9d. FIAE�NN RL M I.ISLX0CE COWA \T Coro4hted SWt. a F»a9ro1 CaWtls u of 3s9 A. 1961 W 1983 ir"nmdI* Alum W t�I r », IMl INJ Aslcts Bond v am9rtl#d cmt S2.125.094 $1070.95' Stcoka .1 market Ialue M312 5 ".6% Otbcr .. 1.189.081 1.091.635 Tool.. $4.3'm.4e' 5a9..)8 ^8 Lubihma Cnurned prnnmmL S 'i0.8N S ': L461 Los:u and loo upon. _.:'9.2II If98.004 Otber bat"IM. Total lob iue 3.629. %8 1.M.870 POhc3halderi surplus 6_6.509 9190408 Taul $4,3'.477 51.2'8 • Tbn slawment is prepared In vesolLanco wtb th9 lniumnm snmmry aloe nnne pmaliple requueE by slma In rhlch Fireman's Fund a an ldmmed wore, • 4.1 E maarnoeeexsxmv st tans I— uuaa ncoa we, .,mans owl rn.aau can u.rnr eau L 1 CM ./ aM1,WM 'a5 A a : . luue oven — m lt- w V 111. wy elm APPENDIX R FORM OF FINAL OPINION [Leaerbe-d of Jena Hall Hill 1 White) December 6. 19114 OPINION S ............. Cmifiate of Penwmiuu Endencm, Prvu met. Inttmu of :be Own. Tbereof:i Leese Paymmu to be MaOe b, the Civa of Cl mwaw, Gn d Tema. Plasma and Rancho Cuamup. Califomu, to the Southern Califaau Auene. a Goemelenu 1Callfomn) Mundane of the City Councils: We have renwd the Cmeuouu and lines of the Sue" dCalifomu and amain proadinp nit. by the Civa of Claremont. Onod Tema, Pl. ad Rancho Cuumuµ Califaw (the mnnecuu nth the autllonntlan, execution ad delivery by the Civa of the Lease Apeemmu, mub dated as of December I. 1994. by and lineman, the Southern Ci,fomu aexaabbo of Oumminntu (the ".AUaiauon"1 and ehch of the Civa Itha "Lea, Ap«mau ") We bee obi as a, the saeatd Lase .Apemmu: the caeutd Tmt Apeemm4 acted a of Daembe I. ling, by and amua Fiat lem.oue Bank of Callfmnu. La Aaplex Califecang. u oa,s loe'Trunas"), dw Aanan,00, had We Civa doe "Teat Apeion an r e tie; A such ott Apdwria died u o/ Dauilbe I, 1994. T ad ,, to the Aswnaapa and the Tnuta: and such other Infomettm and dmummu a w comldc necexry to rcdtr thu omvlu. Pueant to the Tot Asmment, the Trndlu hu +peed to cxetlte ad deliver cmifiute of prtlapthe Plummet de Pamnpevame Cndehe'Lprvpanounn Intereta indau p of,he wha made by I Civa mnant w the Lae A pneemb (the "Luse Pded Payable The , igtlps of ,he legally 'o sub Luau Aymt re pact the Luau Apamuau see oblyationd pYahk !reel aY aura of Ieplly etlabh nods of tha respect. Citie. • Bard upon the f0rtpon4 ee are of the Mutual that oe Late Apammu and the Taat Apament have been duly huthenfad. execmd and deliend by be Civa aid tondumo, noel and liWIY bmdly aammme of oe Civa afarcable he htaudlem no then? ,emu eaup, he the ume loey b livutd by hanluoucy. Inwbexy, rempviaion, mummn ch mother lanes nlaW,, tow aPtams the info ramcold ndlemi n11hu. ad sobjet w tha limatluero u 11,9411 eemdlm apivn aba m Califwwa whuh Moloch the "dwan m tall Jddmhnu may Iwt W afmad -pmt Ponca held by a cry which una the pblue velfaa and pleret. We arc furtber of the coma that tha Cmi6tau of PSMuiphuu hie bun vabuily eaeutd aid delimoed by the Tnum purnpt to the Tnul AEea L We am funs of the ommol that. edee etYW[ l -ea mplawm, Nllnp aid judicial diamond. the porter of Lau Paymmu due woe the Lea, Apaemau detpatd u and aompmns arum, aid raavd by the oepn of be Cmtbgtes of Penidpuaa, u exemmi fm h Income uauu by the L'nitd Stela of Amens, and Intel minuend nuTme Memnon depleted by the State of CalJnnua. Repeefmly eubmntd. A Pwfeastaal Lane Corpmatten B-1 0 RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING AND DIRECTING EXECUTION OF LEASE FINANCING DOCUMENTS, APPROVING PRELIMINARY OFFICIAL STATEMENT, AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO WHEREAS, the City of Rancho Cucamonga (the "City ") working together with the Cities of Claremont, Grand Terrace, Placentia and Riverside (collectively referred to herein as the "Lessees ") and the Southern California Association of Governments ( "SCAG "), is proposing to proceed with a joint lease financing; and WHEREAS, in connection therewith, the City is proposing to proceed with lease financing of certain property described in Exhibit B to the Lease Agreement (as hereinbelw referred to) (the 'Project ") and it is in the public interest and for the public benefit that the City authorize and direct execution of the Lease Agreement and other financing documents in connection therewith; and WHEREAS, pursuant to the City's authorization, Merrill Lynch Capital Markets and gelling 6 Co. (the "Underwriters ") have prepared and presented to this City a Preliminary Official Statement containing information material to the offering and sale of the Certificates; and • WHEREAS, the documents below specified have been filed with this City, and the members of the City Council, with the aid of its staff, have reviewed said legal documents and Official Statement. NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows: SECTION 1: The below- enumerated documents be and are hereby approved, and the Mayor is hereby authorized and directed to execute said Agreements, and the City Clerk is hereby authorized and directed to attest to the Mayor's signature: (a) Lease Agreement, relating to the Project, between SCAG, as Lessor, and the City, as Lessee (the "Lease Agreement "). (b) Trust Agreement, by and among SCAG, the Lessees and First Inter eta to Bank of California (the "True tee"), relating to the financing of the acquisition of the Project, and the execution and delivery of the Certificates of Participation (the "Certificates of Participation ") in the Lease Payments to be made by the Lessees under the Lease Agreements. (c) Agency Agreement, relating to the appointment by SCAG of the City as its agent to carry out all phases of the supervision of the acquisition and installation of the Project, between SCAG and the City. • • (d) Deposit Agreement, relating to the deposit by the City with the Trustee of an amount equal to the non -asset portion of the principal amount of the Lease Agreement, between the City, the Trustee and Fireman's Fund Insurance Company. (e) Any acquisition or assignment agreements necessary to transfer title to portions of the Project acquired prior to the completion of the financing and on anticipation of the financing, from the City to SCAG, are necessary to assign from the City to SCAG rights under contracts of purchase for portions of the Project entered into prior to completion of the financing. SECTION 2: Said documents are subject to minor revision not inconsistent with the essential terms thereof. SECTION 3: The Finance Director and City Manager are individually authorized to execute that certain Purchase Agreement, by and among the Underwriters, the Lessees, the Trustee and SCAG, upon presentation of such Agreement by the Underwriters to the Lessees, so long as the interest rate with respect to the Certificates to be purchased by the Underwriters thereunder will not produce Lease Payments payable under the Lease Agreement with will be in excess of those not to exceed amounts specified in Exhibit A to the Lease Agreement. SECTION 4: The Mayor, City Manager, City Clerk, Finance Director and • other officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates as may be necessary to effect the purposes of this resolution and the lease financing herein authorized. SECTION 5: To the best of the City Council's knowledge, information and belief, the Preliminary Official Statement contains no untrue statement of a material fact with respect to the City or omits to state a material fact with respect to the City required to be stated where necessary to make a statement not misleading in the light of the circumstances under which it was made. J SECTION 6: The Preliminary Official Statement is approved for distribution in the offering and sale of Certificates of Participation evidencing proportionate interests of the Owners individually thereof in Lease Payments to be made by the Lessees under the Lease Agreements. SECTION 7: The City Manager and Finance Director are individually authorized to approve corrections and additions to the Preliminary Official Statement by supplement or amendment thereto, or otherwise as appropriate, provided that any such corrections or additions shall be necessary to cause the information contained therein to conform with facts material to the Certificates, or to the proceedings of the City or such corrections or additions are in form rather than in substance. 2.;.- SECTION 8: The City Manager and Finance Director are individually • authorized and directed to cause the Preliminary Official Statement to be brought into the form of a final Official Statement and to ezecute said Final Official Statement, dated as of the date of the sale of the Certificates, and a statement that the facts contained in the Final Official Statement, and any supplement or amendment tbereio (which shall be deemed an original part thereof for the purpose of such statement) were, at the time of sale of the Certificates, true and correct in all material respects and that the Final Official Statement did not, on the date of sale of the Certificates, and does not, as of the date of delivery of the Certificates, contain any untrue statement of a material fact with respect to the City or omit to state material facts with respect to the City required to be stated where necessary to make a statement not misleading in light of the circumstances under which it was made. The City Manager shall take such further actions prior to the signing of the statement as are deemed necessary or appropriate to verify the accuracy of the statement. PASSED, APPROVED, and ADOPTED this 21st day of November, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk Jon D. Mikels, Mayor • • v MEMORANDUM ?py° Date: November 150 1984 F _ Z To: City Coun ci and City Manager 1977 %i From: Dick Maye r,!Part—P[oj ect Coordinator Subject: GRANT OF FASFMENT FOR STORM DRAIN PURPOSFS ACPOSS PEAR GULCH PARK CONSENT CALENDAR NO. P BACKGROUND: The City has been requested by the residential developer on the north side of Pear Gulch Elementary School to be permitted to construct a private storm drain from his project (Tract No. 12721) through the school and through the City owned Bear Gulch Park site to Arrow Route where any runoff or storm water from the tract will he dispersed onto Arrow Route. This route of runoff and storm water drainage was selected because the alternative was to divert the water onto Devon Street in the adjacent residential area, which presently suffers from storm water problems without the extra water from Tract No. 12721. The parksite was designed to accept water from the school site and other areas to the north as long as the drainage surface was undeveloped. With the development of the residential units, existing runoff flows will increase due to increased non - permeable area, requiring an underground storm drain to carry the water. The developer will restore the park site to a condition as good or better than it was prior to his construction effort. It appears his construction will occur after the park is completed requiring some minor disturbances to the new facility. Of course, all construction costs for the storm drain and subsequent parkland restoration will be the responsibility of the developer. The attached Resolution approves the granting of the easement and authorizes the Mayor to sign the easement document on behalf of the City. RECOMMENDATION: It is recommended that the City Council approve the attached Resolution and Easement Deed. 1 • • nFCOADINC RIN UEFTLO BY AND "IN EaC 090a $L TO .AOw r Robertson Homes Southern , • I.— Attention: Cary Haru[ Asa... 1007 Cooley Drive, Suite 102 Colton, California 92324 s..o L ,YtL IAe SlAr2Nexn To r SPACEEAABBO�VEE THIS LINE FOR RECORDERS USE T or sa Ic "tosaa, EASE). NT Deed The undersiLmcd granrnrfsl decl.S(s). Documtntarr, nansfee rax Is s None 1 1 counlFuted on full value of prop<rty' codvesed. or ( 1 computed on full value I"a value of liens and encumbrances remaining at time of salt I ) CnlncorponLed aver. (X ) City of Rancho C "tamanea .and I FOR A VALUABLE CONSIDERATION, receipt of which is herby acknowledged, THE CITY OF RANCHO CUCA.MONGA hereby GRANT(S) to FRANKLIN 'WEST COAST INVESTORS t, A lennsv Ivan is Lin t ted Par tier sh ip (an easenent For storm daatn purposes over) the following described real propem in the CITY OF RANCHO CL'CA.MCNGA, Coun'of S,i: EERNAHDENO . St.. of California. ' L� Se+ attached Eshib SL "A" and Exhibit "S" Dated on b<forc mc me vadenl d.• Notary bbll< m and fin raid i n,lh ,ppe, o, pr d t" "h the mm "r sat <Iarnm —dence In 1w1h<p<mn wham name_ ,.Lm ibed i, IM1C wnhm rum,r, and ,ekn "wltd,d that umJ iM1e ON N ITbt mrhmJ,nJ e!L<ul wal I tl11, tinier Nn Emrnw or I.oan V" L MAIL TAX STATEMENTS AS OIRECTEO ABOVE EXHIBIT "B" EASEMENT fOR STORM DRAIN PURPOSES A strip of land 20.00 feet in width over a portion of Lot 13 of the Subdivision of Lot 10, Cucamonga Vineyard Tract, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 20, page 44 of Maps in the office of the County Recorder of said County, the centerline of said strip of land being described as follows: Beginning at the intersection of a line parallel with and distant 20.00 feet Westerly, measured at right angles, from the Easterly line of said Lot 13 with a line parallel with and distant 20.00 feet Northerly, measured at right angles, from the Southerly line of said Lot 13; thence Northerly along the first said parallel line North 00008'05' East, 155.00 feet; thence North 6 °40126" West, 165.08 feet to a point on a line parallel with and distant 30.00 feet Westerly, measured at right angles from said Easterly line of Lot 13; thence Northerly along last said parallel line North 00 °08'05" East, 293.SI feet to the Northerly line of said Lot 13. See Exhibit "A" attached hereto and made part of this legal description by reference herein. AP' 208- 251 -18 0 0 LA Fi moo, A4 50617 pl,:, T35-DW q.. yfkJlf7�d9G8_ . ' -CCC9 r4rjg8 Vff r)(qtd TWCi L 416. 20144 Fi moo, A4 50617 pl,:, T35-DW RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN EASEMENT DEED FROM CITY OF RANCHO CUCAMONGA TO FRANKLIN WEST COAST INVESTORS I FOR STORK DRAIN PURPOSES AT BEAR GULCH PARK WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Easement Deed for storm drain purposes to Franklin West Coast Investors I Grantee, for the improvement of a private storm drain under the real property specifically described on Exhibit B of the Easement Deed, and generally located at the northeast corner of Bear Gulch Place and Arrow Route; and WHEREAS, the installation of such improvements under the land described in said Easement Deed is to be done in conjunction With the development of real property described as Tract No. 12721, located on the east side of Vineyard Avenue north of Arrow Route. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Easement Deed is hereby approved and the Mayor is hereby authorized to sign said Easement Deed on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. . PASSED, APPROVED, and ADOPTED this 21st day of November, 1984. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Cl Jon D. Mikels, Mayor • — _ - yr a a v . ................ .............__ O ` NC MEMORANDUM? Date: November 16, 1984 'Z To: City Council and City Manager )c 1 From: Dick Mayer, Pa Pt`L oject Coordinator Subject: APPROVAL OF A COMMUNITY PFCREATION AGREEMENT PFTWF.EN THE CITY OF RANCHO CUCAMONGA AND THE CENTRAL SCHOOL DISTRICT FOR JOINT RECREATIONAL USAGE OF PEAR GNLCH SCHOOL AND PARK. CONSENT CALENDAR NO. Q PAC% GROOND: Consistent with the directives of the General Plan for the City of Rancho Cucamonga, the master plan designs for Pear Gulch Elementary School and bear Gulch Park were planned in such a manner as to provide the opportunity for both the City and the District to jointly schedule and program the school athletic field areas and the park for the benefit of school participants and the general public. Now that both of these facilities are developing (in the case of the elementary school. The first phase has already been completed) , the opportunity to utilize the school and park improvements for the general public is at hand. The attached Community Recreation Agreement provides a five year term durinq which the District will allow the. City to schedule and program the use of its athletic fields and parking lot during non - school hours. In turn, the city agrees to allow the District the non - exclusive use of the park during school hours except for those areas reserved by the District, in advance, by a schedule approved by the Community Services Department. The City also agrees to provide certain improvements on the school site to he used by the school and general public in accordance with the agreement. These improvements include a baseball backstop, portable soccer goals and nets, and a 9 station exercise course which will connect to the 9 station exercise course at the park. As previously mentioned, the term of the agreement is for five vears. At the expiration of the five year period, the agreement will continue thereafter on a year to year basis unless terminated by either party with A one hundred and eighty day notice. The District may, at its option, also contract with the City for the maintenance. of the school's athletic fields at current City costs. The maintenance costs shall be negotiated annually hetween the District and the City prior to the beginning of each fiscal year. The Central School District supports this agreement and has previously approved it un October 17, 1984. RECOMMENDATION: That the City Council approve the attached Community Recreation Agreement. a I L 1 COMMUNITY RECREATION AGREEMENT BETWEEN CENTRAL SCHOOL DISTRICT AND THE CITY OF RANCHO CUCAMONGA FOR JOINT COMMUNITY RECREATION USE OF BEAR GULCH SCHOOL AND BEAR GULCH PARK THIS AGREEMENT, made and entered into this day of , 1984, by and between the City of Rancho Cucamonga, hereinafter referred to as "the City" and the Central School District, an elementary school district, hereinafter refC to as "The District." WITNESSETH: WHEREAS, Chapter 6 of Division 12 of the Education of the State of California, Sections 16651, et seq, autho and empowers counties, cities, and school districts to cooperate with each other in the development and execution of adequate programs of community recreation; and . WHEREAS, the District owns certain school land known as the Bear Gulch School, Rancho Cucamonga, California, and desires to enter into a community recreation agreement with the City for the City's use of a portion of said land specifically, the athletic field areas and parking lot, for community recreation purposes; and WHEREAS, the District, by and through its Board of Trustees, desires to grant to the City for a term of five (5) years the use of the premises for the operation thereon of recreational facilities which shall be available for community recreation purposes; and WHEREAS, the City by and through its City Council, desires • to operate the premises for the purposes bereinbefore mentioned: -1- NOW THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree . as follows: SECTION 1. The District hereby grants to the City the exclusive use for park and recreational purposes, except as reserved hereafter by the District in Section 11, of that real property situated in the north and east portions of said school, which real property is more particularly described in Exhibit 1 attached hereto and incorporated herein by reference. SECTION 2. It is understood and agreed that the primary consideration for this agreement is use by the City of the described premises for use by the public as a park and recreation area and the use by the District of the adjacent City owned park property during school hours for recreational programming. Neither the City nor the District shall be required to pay • rental for its use of the demised premises, as the consideration flowing to the City and the District for such use is to be the operation thereon by the City of recreational facilities that shall be made available for use to the District in its educational and recreational programs during the course of the school year, as delineated in Section 10 hereinbelow. The City agrees to assist in the development of the described premises in accordance with the description of said improvements contained in Exhibit 2 attached hereto and incorporated herein by reference. The City may construct improvements different from and /or in place of those described in Exhibit 2 provided the City secures the prior written approval of the District to such different improvements. -2- SECTION 3. The City agrees to improve at its own expense the said school property by constructing or having constructed such recreation facilities as indicated in the Exhibit 2 as approved by both parties. Title to all improvements constructed by City upon the demised premises shall vest in District without compensation therefore to City. SECTION 4. The District may, at its option, contract with the City at current City costs, for the maintenance of the athletic turf areas on District premises. Such maintenance costs shall include all City labor, material and equipment costs associated with the mowing, trimming, edging and fertilization of the District area. The maintenance costs shall be negotiated annually between the District and the City prior to the beginning of each fiscal year. SECTION 5. This agreement shall remain in full force • and effect for an initial period of five (5) years from the date of this document unless sooner terminated as outlined in Section 6 hereof. At the expiration of said five (5) year period, said Agreement shall continue thereafter under the same conditions from year to year until terminated by the parties as hereinafter provided. SECTION 6. The agreement may be terminated by either party at any time and for any reason upon one hundred and eighty (180) days written notice to the other. If District desires to exercise its right to terminate the agreement at any time prior to the expiration of the five (5) year term herein above provided, District shall reimburse City for the improvements that have been constructed on the demised premises by City • in an amount equal to their fair market as of the date cancellation is to be effective. -3- SECTION 7. In the event the demised premises and the improvements constructed thereon shall be totally or partially • destroyed by fire, earthquake, flood, storm, war, insurrection, riot, public disorder, governmental action, or casualty, City shall have the option of either restoring the premises and /or improvements constructed thereon or cancelling this Agreement. City shall exercise its option within ninety (90) days of the happening of the casualty. In the event City does not elect to restore the premises and /or improvements constructed thereon, the parties shall share equally in the cost and expense of removing said improvements and restoring said premises to such condition as is satisfactory to District, unless District gives notice of its intention to restore the premises and /or the improvements constructed thereon. 0 SECTION 8. The City agrees to indemnify and hold the District, its Board of Trustees, officers, agents, and employees harmless against any liability which may be incurred by reason of injury to person or property arising from the use of said property under the auspices of the City. This provision, however, shall not apply to injuries arising by reason of the dangerous and defective condition of improvements where such condition was caused or allowed to exist or continue by reason of fault on the part of the District. SECTION 9. The District agrees to indemnify and hold the City, its City Council, officers, agents, and employees harmless against any liability which may be incurred by reason of injury to person or property arising from the use of said property -4- under the auspices of the District. This provision, however, shall not apply to injuries arising by reason of the dangerous and defective condition of improvements where such condition • was caused or allowed to exist or continue by reason of fault on the part of the City. SECTION 10. The City agrees to allow the District to use the proposed recreational facilities at Bear Gulch Park for recreation and physical education activities during the normal school day and for after - school athletic and recreational activities, upon the written request of the District and in accordance with a schedule for the use of Bear Gulch Park to be prepared quarterly, in advance, by the District and forwarded to the Department of Community Services of the City of Rancho Cucamonga for review and approval. Other than as hereinbefore set forth, the exclusive right for use of the subject facilities • and premises during the period described above shall remain vested in the City. SECTION 11, The District agrees to allow the City to use the recreational facilities and parking lot at Bear Gulch School for recreation activities other than during the normal school day and for after - school athletics and recreational activities, upon the written request of the City and in accordance with a schedule for the use of Bear Gulch School to be prepared quarterly in advance by the City and forwarded to the Principal of Bear Gulch School for review and approval. Other than hereinbefore set forth, the exclusive right of use of the recreational facilities, other premises, and parking lot during the period described above shall remain vested in • the District. -5- SECTION 12. Any notices desired or required to be given under this Agreement shall be given enclosing the same in a • sealed envelope addressed to the party for whom intended and by depositing such envelope with postage prepaid in the United States Post Office or any substation thereof or any public letter box. Any such notice shall be addressed to the City at the Community Services Department, City of Rancho Cucamonga, P. 0. Box 807, Rancho Cucamonga, California 91730, and to the District at the Office of the Superintendent, 9457 Foothill Boulevard, Rancho Cucamonga, California 91730, or such other place as may be hereinafter designated in writing by either party. SECTION 13. Each and all of the terms and agreements contained herein shall be binding upon and shall inure to the benefit of successors in interest of the City or the District. • IN WITNESS WHEREOF, the City has executed these presents by causing them to be subscribed by the Mayor of its City Council and the seal of the City of Rancho Cucamonga to be affixed and attested by the Clerk thereof, and said Central School District has caused these presents to be subscribed by its duly authorized officers on the day and year first above written. CITY OF RANCHO CUCAMONGA By ATTEST: By • City Clerk APPROVED AS TO FORM By City Attorney BOARD OF TRUSTEES OF THE CENTRAL SCHOOL DISTRICT By � $uperinten ent '14 . d^ o»iA i Co . Cowv+9+ AP OVED AS TO F RM �j. ounty Counsel _6_ v COMMUNITY RECREATION AGREEMENT BETWEEN • CENTRAL SCHOOL DISTRICT AND THE CITY OF RANCHO CUCAMONGA FOR JOINT COMMUNITY RECREATION USE OF BEAR GULCH - SCHOOL AND BEAR GULCH PARK Exhibit 2 1. Backstop, southwest ballfield 2. Portable soccer field goal posts and nets 3. 9 station exercise course with jogging trail • • EXHIBIT 1 • All that certain real property located in the County of San Bernardino, State of California, described as follows: PARCEL NO. 1: Those portions of the westerly 329 feet of the east 658 of Lots 13 and 14, as per plat of Subdivision of Lot 10, Cucamonga Vineyard Tract, as recorded in Book 20 of Maps, page 44, records of the County of San Bernardino, State of California, lying northerly of the following described line: Beginning at a point in the west line of the east 658 feet of said Lot 14, which is North 0° 01' 49" East, a distance of 134 feet from the south line of said Lot 14; thence South 89° 48' 22" East parallel with the south lire Of said Lot 14, a distance of 0.08 feet to a tangent circular curve, concave Southwesterly and having a radius of 300 feet; thence southeasterly along the arc of said curve, a distance of 230.20 feet, subtending a central angle of 43° 23' 32 ", to a point of reverse curvature with a curcular curve concave northeasterly and having a radius of 300 feet; thence southeasterly along the arc of the last said curve, a distance of 230.20 feet, subtending a central angle of 43° 23' 32 ", to a point of tangency with a line 30 feet southerly from and parallel with the south line of said Lot 14; thence South 69° 48' 22" East, along last said parallel line, 246.18 feet, more or less, to the east line of said Lot 13. • PARCEL NO. 2: Those portions of the East 329.00 feet of Lots 13 and 14, as per map of Subdivision of Lot 10, Cucamonga Vineyard Tract, in the County of San Bernardino, State of California, as per map recorded in Book 20, page 44 of Maps, in the office of the county recorder of said county, lying Northerly of the following described line: BEGINNING at a point in the West line of the East 656.00 feet of said Lot 14, which is North 0° O1' 49" East, a distance of 134.00 feet from the South line of said Lot 14; thence South 89° 48' 22" East parallel with the South line of said Lot 14, a distance of O.OB feet to a tangent circular curve, concave Southwesterly and having a radius of 300.00 feet; thence Southeasterly along the arc of said curve, a distance of 230.20 feet, subtending a central angle of 43° 23' 32" to a point of reverse curvature with a circular curve concave Northeasterly and having a radius of 300.00 feet; thence Southeasterly along the arc of the last said curve, a distance of 230.20 feet, subtending a central angle of 43° 23' 32 ", to a point of tangency with a line 30.00 feet Southerly from and parallel with the South line of said Lot 14; thence South 89° 48' 22" East, along last said parallel line, 246.18 feet, more or less,-to the East line of said Lot 13. w ('111CAGO TITLL INSURAN'CL COMPANY PRELIMINARY REPORT At the date hereof exceptions to coverage, in addition to the printed exceptions and exclusions contained . in said policy form, would be as follows: 1. General and special taxes, a lien•not yet payable, for the fiscal year 1982 -83. 2. An easement for the purposes shown and incidental purposes as provided in the deed recorded in Book "K ", page 251, of Deeds. For: water pipe lines Affects: cannot be located from the record 3. An easement for the purposes shown and incidental purposes as provided in the deed recorded in Book 632, page 67, of Deeds. For: water pipe lines Affects: Lot 13 and cannot be located from the record. 4. An easement for the purposes shown and incidental purposes as provided in the deed recorded in Hook 648, page 270, of Deeds. For: pipe lines (Affects portion of Lot 14) S. An easement for the purposes Shown and incidental purposes as provided in the deed rt corded in 5cok 671, page 137• of Deeds. For: pipe lines (Affects Lot 13) . 6, An easement for the Purposes shown and incidental purposes, as provided in the deed recorded in Book 6477, cage 886, Official Records. For: highway and road purposes Affects: Said easement is described as follows: Those portions of the east 65a.00 feet of Lot3 13 and 14, as per plat of a Subdivision of Lot 10, Cucamonga Vineyard Tract, as recorded in Book 20 of Macs, page 44, Records of the County of San Bernardino, State of California, described as follows: Com.:,encing at a point on the south line of said Lot 14, which is 658.00 feet westerly of the east line thereof; thence N 00 01` 49" E along the west line of the east 658.00 feet of said Lot 14, a distance of 104.00 feet to the True Point of Beginning; thence continuing N 00 O1' 49" E along the west line of the east 658.00 feet of said lot 14, a distance of 60.00 feet: thence S 89° 48' 22" E. 0.17 feet to the beginning of a tangent circular curve, concave southwesterly and having A radius of 330.00 feet; ' . Pa. go 3 t: ^.ance SJJthLastarl•( along the arc o'_ said curve; an arc distance of 253.22 feet subtending a central angle of 43° 23' 32" to a point of reverse curvature with a curve, concave northeasterly and having a radius of 270.00 feet; thence southeasterly along the arc of the last said curve, an arc distance of 61.70 feet, subtending a central angle of 13° 05' 38 "; thence 5 30° 29' 32" W along a radial line extended southwesterly a distance of 60.CO feet, to a codnt on a circular curve concave southerly and having a radius of 20.00 feet, the center of which bears S 30° 29' 32" W; thence westerly along the arc of the last said curve, an arc distance of 27.50 feat, subtending a con.tral angle of 73° 46' 58 ", to a point of cortpcurd curvature with a curve concave edstarly and having a radius of 100.00 feet; thence southerly along the arc of the last said curve, an arc distance of 72.72 feet, subtending a central angle of 41° 39' 32 "; thence S 0° 02' 42" W, tangent to the last said curve and parallel with ti.e east line of said Lot 13, a distance of 507.15 feet, more or less, • to the beginning of a tangent circular curve concave northeasterly and having a radius of 20.00 feet; thence southeasterly along the arc of the last said curve a distance of 31.36 feet, subtending a central angle of 89° 49. 41 ", to a point of tangency with a line of 20.00 feet northerly of and parallel with the south line of said Lot 13; thence 5 O1° 13' O1•' W at right angles to the south line of said Lot 13, a distance of 20.00 feet to the south line of said Lot 13; thence x 89° 46' 59" W along the south line of said Lot 13, a distance of 100.00 feet; , thence !; 01° 13' O1•' E at right angles to the south line of said Lot 13, a distance of 20.00 feet to the beginning of a circular curve, concave ncrtheesterly and having a radius of 20.00 feet, said curve being tangent to a line 20.00 feet northerly of and parallel with the south line of said Lot 13; thence northeasterly along the arc of the last said curve, an arc distance of 31.48 feet, subtending a central angle of 90' 10' 19 ", to a point of tangency with a line parallel with the east line of said Lot 13; thence W Oa 02' 42" E, parallel with the east line of said Lot 13, a • distance of 506.85 feet, more or less, to the beginning of a tangent circular curve, concave easterly and having a radius of 160.00 feet; Page 4 thence northerly along the arc of the last said curve, an arc distance of 110.43 feet, subtending a central angle of 39° 32' 40 ", to a point of reverse curvature with a -curve concave westerly and having a radius of 20.00 feet; thence northerly along the all of the last said curve, an arc distance of 31.60 feet, subtending a central angle of 90° 30' 57 ", to a point of compound curvature with a curve, concave southwesterly and having a radius of 270.00 feet; thence westerly along the arc of the last said curve, an arc distance of 183.22 feet, subtending a central angle of 38° 52' 471', to the True Point of Beginning. NOT:: Vestee last insured Cecerl�er 30, 1965. No credit issued on Policy. dvf • • CITY OF RANCHO CUCAMONGA MEMORANDUM Date: November 15, 1984 To: City Council and City Manager � /KKI From: Dick Mayer pieki Rroject Coordinator y 9 1977 Subject: CHANGE OPDFRS FOR THE RANCHO CUC.AMONGA NFIGHPORHOOD CENTER FXPANSION PROJECT CONSENT CALENDAR. N0. R BACKGROUND On June 6,1984, the City Council awarded a construction contract to R S R General Contractors in the amount of $414,794 to construct the 3,600 square foot expansion to the Rancho Cucamonga Neighborhood Center. Inadvertently, at the time of award, a concurrent request for a ten percent (10%) contingency to cover the possibility of change orders to the contract was not made. Typically, with a remodel and addition project such as the Center expansion project, there are circumstances which occur requiring deviations, or change orders, to the contract in order to make the project work. Additionally, by requesting the contractor to perform extra tasks not originally contracted • for, such as painting the exterior of the existing building, an economy can be realized simply because the contractor is at work on the site and requires no move in or start up costs. 9 There have been some change orders that were required for the project in order to provide the quality product `.hat has become associated the City of Rancho Cucamonga. These change orders were not without cost, however, and the purpose of this agenda item is to request that a ten percent (10 %) contingency be authorized for this project to cover these change order costs. Thus far, $9,348.00 has been charged in change order costs (or about 28 of the total cost) which has been "fronted" by the Contractor and we would like to pay him for these costs. To avoid, however, the possibility of a second change order request due to some unforeseen circumstance, the full contingenov is requested se an additional Council request would not be necessary. If the entire contingency is not used, the remaining funds will remain in the Park Development Fund. The project is scheduled for substantial completion and occupancy on November 21,1984. There will be some pick up and clean up items following the substantial completion date and these are anticipated to he covered under the normal contract cost for the project. Funding for the contingency will be derived from the Park Development Fund. RECOMMENDATION: That the City council approve a 104 contingency, in the amount of $41,479, for the Rancho Cucamonga Neighborhood Center Project. Z Cf ; r1 LJ • CHANGE ORDER .AfA DOCUMENT G, 01. D,tnhwion to OWNER �y ARCHITECT &�y CONTRACTOR A� FIELD ❑ OTHER C PROTECT Addition to the Rancho Cucamonga ORDER ♦U%IBER 1 name addre.• ';einhborhood Cer`.er Cit,, of Rancho Cucamonga AITIATInS, DATE Vovem6er 13, i?',4 TO Contractor F —i NR( HITECT> eR(I,EeT No �3_tr,4.54 R R R General Contractors C0%TRA('T FOR 3,555 S.F. addition 'o a 4590 Riverside Drive co "rru^ity enter Chino, CA 91711 L ('(INTR NCT DATF ].,r9 25, _='4 1.,u ar• drr Intl ❑nal.r rc 1. ,'l'� n, ^:c change. .n Ih< ('r•nlrarl Se, 'a.,;9P.0 :'a�eS 2 :nd i. Thnorigmal C,,,t, t(um (x)U_9tl"X%XJIN lOQXt wac ... S 414,794.00 Net (hank h, Dre.inu,l, ,,! io )ed C•anue Order, 4 _0- The Cnr•I..r0 Sum GRNR7CRRQ RI{MN¢VPW {YI4t n•inr to thn Change Oder „a, s 414,794.0(1 The ill be Invfr3,ed de(¢e¢fRd; uROlwnFtld: h, th,. Change Order ... . . s 9,34P.00 The ne, Clnfrer I S:m 04NF11¢Med A%R.NIt¢rA%h%R Including thn ('hangs• Order aal be s 424, 142.00 The ( ,noact Time „J' he pS-VIn Ti 'ckNre"ft unchanged, b, I C Days The Dale of al nt the dam of thl, Change Order therefnre n January 21 , 1985 Authonaed, Wolff- Laon-Chris onh rlAr hi is RR 8 RR General Contractors City of Rancho Cucamonga AR( tilt[( 1 ((,LIRA( 4 )R O„ '. IR 9 _ ^i ve 9320 Baseline Road _ Rant Bn lC r n8�_I to 17 in Rancho Cutanonaa. CA 91730 D E UATF 444 4 DATE IA DOCUM • rs PRn IWH EDITIf • 4A' n+'H Inln( OF ARIIfIT((11 1 -r Sf,r\IRK A,F r„ „A au N(.I1 11 u( "PrI, 6701 -1976 Change Order No, 1 • Neighborhood Center Addition November 13, 1984 Page 2 1. Add concrete and labor for yard wall footing. For the above item, add $ 222.00 2. Increase water main size for fire hydrant. For the above item, add $1,250.00 3. Add redwood bench to planter at courtyard. For the above item, add $1,740.00 4. Remove planter at courtyard and add concrete slab. For the above item, add $1,455.00 S. Paint exterior of existing building In accordance with requirements outlined in Alternate Bid Item No. 4 For the above item, add $2,100.00 6. Relocate existing storefront window at • X- Classroom, install new carpeting, patch and repair as required. For the above item, add $1,236.00 7. Delete plastic laminate for ceramic mosaic tile. For the above item, no charge. N/C S. Add 3 pt. lock at Door 09. For the above item, add $ 287.00 9. Additional occupancy signs for existing classrooms. For the above item, add $ 100.00 10. Add fire lane signs. For the above item, add $ 266.00 11. Relocate existing exit sign at Multi- Purpose Room. For the above item, add $ 192.00 12. Connect by -pass time switch together with i" c. 2 012 and connect to time clock OTC-10 circuit (Panel "C" circuit 21) for power. Delete separate homerun and dedicated circuit for each by -pass timer. • For the above item, delete ($ 200.00) .:a -/3 • Change Order No. 1 Neighborhood Center Addition November 13, 1984 Page 3 13. Use existing 2" waste line to tie in new dish- washer. For the above item, deduct 14. Install new door at Kitchen #110, fit, paint, and finish. For the above item, add 15. Paint interior of existing classroom. For the above item, add 16. Add galvanized sheet metal behind stove. For the above item, add 17. Saw cut 30" x 30" opening at planter in court- yard. For the above item, add 18. i" round trim at soffits at building addition. • For the above item, no charge 19. Substitute 1 -j" irrigation line for 2" line as specified in plans. For the above item, deduct TOTAL ADDITIONAL COSTS OF CHANGE ORDER #1 0 $ 400.00) $ 500.00 $ 420.00 S 75.00 $ 180.00 N/C fS 75.00) $9,348.00 • CITY OF RANCHO CUCAMONGA MEMORANDUM Date: November 15, 1984 To: City Council and City Manager From: Bill Holley, Director, Community Services Department F L D _—T9' i 1 Subject: APPROVAL OF AN AGREEMENT BETWEEN THE CITY AND THE CUCAMONGA COUNTY WATER DISTRICT FOR THE LEASE OF DISTRICT PROPERTY FOR PARK PURPOSES. (Council Aqenda November 21, 19134 - Consent Calendar) No. S The attached Agreement is very straight forward and says in essence that: o CCWD will lease to the City for one dollar per year the 3+ acre site, located along the West side of the Cucamonga Creek south of Baseline. The site will used by the Corps of Engineers for the construction of Creekside Park, a joint Corps /City project implementing the Cucamonga Creek Recreation Plan. The duration of the lease will be 30 years. The rest is standard language about who does what, who handles liability, etc. • I The Agreement has been reviewed and approved as to form by Bob Dougherty, the City Attorney. 7 COMMFNT: Oriqinally, as you will recall. CCWD was reluctant to accept the concept of a token lease, and rather wished to sell us this property for $195,000. On September 4th, Mayor Mikels appeared before the CCWD Board of Directors and made a case for the lease rather than the purchase. The Board concurred with the ideas forwarded by the Mayor and instructed District staff to prepare the attached agreement. This agreement is necessary for proceeding with the Corps Project. Co11NCIL OPTIONS: Option 1: Authorize the Mayor to e.Xecute the attached Agreement on behalf of the City. Option 2: Reject the attached Agreement. STAFF RECOMMENDATION: Option 1 If I can provide additional information, please advise. 4J+ 0 .LEASE AGREEMENT THIS IS A LEASE AGREEMENT BETWEEN THE CUCAMONGA COUNTY WATER DISTRICT, HEREINAFTER CALLED DISTRICT, AND THE CITY OF RANCHO CUCAMONGA, HEREINAFTER CALLED CITY, FOR LEASING BY THE DISTRICT OF DISTRICT OWNED PROPERTY TO THE CITY FOR PUBLIC PARR AND RECREATIONAL PURPOSES. WHEREAS, the DISTRICT owns certain property along the Cucamonga Creek that the CITY is desirous of utilizing for public nark and • recreational purposes that portion of said property described in Exhibit A attached; and WHEREAS, the DISTRICT and the CITY wish to work in a cooperative effort to bring this public project to fruition: IT IS NOW THEREFORE AGREED AS FOLLOWS: 1. The DISTRICT will lease the DISTRICT owned property described in Exhibit A, attached, to the CITY for the sum of one dollar ($1.00) per year for each of the -1- _ J.1 next thirty (30) consecutive years, commencing from a date of full lease execution by the respective 0 -1- _ J.1 governing boards of the DISTRICT and CITY. This lease may be renewed at the end of that thirty (30) • year period only by mutual written agreement. 2. The CITY will assume full responsibility to develop, or have developed by others, the park and recreational facilities on the site. The DISTRICT will have no financial responsibility for the development of the site's park and recreational facilities. 3. The CITY will assume full responsibility to maintain, or have maintained by others, the park and recreational facilities on the site. The DISTRICT will have no financial responsibility for maintaining the site's • park and recreational facilities. 4. The CITY assumes full liability for accidents, injury, illness, or death, arising out of, or in connection with, the use of this site for park and recreational purposes. Further the CITY will protect and hold harmless the DISTRICT, it's Officers, Agents, Employees and Representatives from liability arising out of, or in connection with, the use of this site for park and recreation purposes, and will name the DISTRICT as co- insured for such purposes on the CITY's insurance policy at the sO1e expense of the CITY. • -2- • 5. The CITY will consistantly make a good faith effort to landscape the park in a manner which is consistent with the DISTRICT'S desire to conserve water. The CITY will submit for review all park and recreational development plans to the District General Manager for review, comment and approval, prior to implementation of development plans throughout the term of this lease. The DISTRICT shall not unreasonably withhold such approval. o. The DISTRICT will review with the CITY all DISTRICT development plans connected with the site prior to • DISTRICT implementation of same. 7. The name of the park will be "Cucamonga Creekside Park" and so identified by an on -site monument sign. Included and identified as sponsor of this project on the monument sign will be the City of Rancho Cucamonga, the Cucamonga County Water District, and the Army Corps of Engineers. Sponsorship generally means, in this use, the following; A. City of Rancho Cucamonga: Development, operation and liability of the site for park and recreational purposes; -3- B. Cucamonga County Water District: Provision of land only; C. Army Corps of Engineers: Development. 8. Notwithstanding the prior provisions of this lease agreement, should the CITY at any time during the initial term or any renewal term hereof cease to use the site for park and recreational purposes, this lease agreement shall automatically terminate and the site shall revert to the DISTRICT. In such evert, the CITY shall execute and deliver to the DISTRICT a quitclaim deed to the site. 9. This lease agreement may be modified only by mutual • consent of the DISTRICT and the CITY at any time through the initial term or any renewal term of the lease agreement. EXECUTED BY: Victor A. Cherbak, Jr. President Cucamonga County Water District ATTEST: Lloyd W. Michael Secretary -4- Jon D. Mikels Mayor City of Rancho Cucamonga Date Beverly A. Authelet • City Clark di.,d -uc,d ; fl di -S� ORDINANCE N0. Rt -e?-" AV/ • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM "M" (8 -14 OU /AC) AND INDUSTRIAL SPECIFIC PLAN (GENERAL INDUSTRIAL SUBAREA 1) TO INDUSTRIAL SPECIFIC PLAN (INDUSTRIAL PARK) FOR 18.8 ACRES OF LAND LOCATED AT THE SOUTHEAST SIDE OF 9TH STREET AND BAKER - APN 207- 271 -04 THROUGH 10, 17 THROUGH 20, 35, 37, 38, 43 & 44. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. This City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That Development District Amendment No. 84 -03 -8 is consistent with the General Plan of the City of Rancho Cucamonga. • C. This Development District Amendment No. 84 -03 -B will have no significant environmental impact as provided in the Negative Declaration filed herein. 9 SECTION 2: The following described real property is hereby reclassified in the manner stated, and the Development District Map is hereby amended accordingly. Assessor parcel number 207- 271 -04 through 10, 17 through 20, 35, 37, 38, 43 & 44 which is generally located on the southeast side of 9th Street and Baker, and which consists of approximately 18.8 acres of land, is hereby amended to Industrial Specific Plan (Industrial Park). SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Oaii'� Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. New ORDINANCE NO. }-a tH Y • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM "L" (2 -4 DU /AC) TO "LM" (4 -8 DU /AC) FROM 4,8 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY BETWEEN SIERRA MADRE AND COMET STREETS - APN 207 - 222 -08. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. This City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That Development District Amendment No. 84 -03 -C is consistent with the General Plan of the City of Rancho Cucamonga. C. This Development District Amendment No. 84 -03 -C will • have no significant environmental impact as provided in the Negative Declaration filed herein. C A J SECTION 2: The following described real property is hereby reclassified in the manner stated, and the Development District Map is hereby amended accordingly. Assessor parcel number 207- 222 -08, which is generally located on the south side of Arrow Highway between Sierra Madre and Comet Streets, and which consists of approximately 4.8 acres of land, is hereby amended to "LM" (4 -8 du /ac). SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 2 � �- 7 9 MEMORANDUM F November 14, 1984 19]. TO: City Manager and City Council FROM: `lark Lorimer, Administrative Malvst UBJECT: MOBILE HOME PARK RENT ADJUSTMENT MATTERS The City Council will recall that at its regular meeting of September 5, it adopted Ordinance No. 231, which maintains rent adjustments according to the Consumer Price Index and ;:ertain justified pass - throughs. In addition, the City Council directed both the park owners and the residents group to meet throughout the months of September and October in order to negotiate the provisions of a long -term lease which are identical to the provisions of Ordinance No. 231. Since September 5, both the owners and the residents group have complied with the direction of the Council, in that both parties have met to negotiate a long -term lease. The lease was completed during the first week of November and has been offered to residents throughout the parks. That lease is attached for your review. At the same time the Long -term lease was being prepared, the residents committee also prepared a rent stabilization ordinance which they wish to present to the Council on November 21. The residents committee under- stood the Council's direction on September 5 as that of the Council wanting the residents to review Ordinance No. 231 and recommend amendments as necessary, hence the creation of the attached proposed ordinance. To date, the Council subcommittee and staff have met with park residents to explain the provisions of both the lease and the proposed ordinance, and to address any concerns relative to the rent adjustment issue. It is evident from these meetings and from literature presented to residents by the residents committee, that the lease has met with substantial doubt. It would appear that the residents do not feel a sense of protection under the lease, due primarily to the element of mistrust of the owner that still exists in the minds of many. It is also apparent that many residents wish not to sign the lease until the Council has considered the proposed ordinance on November 21. As for Ordinance No. 231, that document will terminate on November 21 unless amended. Staff has prepared Urgency Ordinance No. 231 -A for your consideration should the Council wish to extend the term of the present ordinance while reviewing the proposed rent stablization ordinance or while waiting further to see how many residents may enter into the long- term lease agreement. Staff will provide you with up -to -date figures on how many residents have signed the lease in each park as that data becomes available. Mobile Home Rent Adjustment Matters Page 2 For your consideration, I have outlined below the basic provisions of Ordinance No. 231, the long -term lease and the resident proposed ordinance. ORDINANCE NO. 231 1. Rent adjustment once each 365 days. 2. An interim term to November 21, 1984. 3. An allowable adjustment of 100% of CPI (W). Additional pass - throughs for increases in governmentally imposed taxes, assessments or fees, and for costs incurred as a result of circumstances other than ordinary wear and tear not covered under an insurance policy. Ordinance No. 231 does not include any provision for pass - through of prorate costs for captial improve- ments, which is generally considered justified in other city ordinances. 4. A five - member residents committee charged with the responsibility of meeting with the park owner to discuss disputes concerning rent adjustments and park service. The residents committee does not maintain the power to make a binding decision. • 5. A provision whereby the park owner shall disclose the monthly rent for all spaces within the park, in addition to other pertinent information required by the City. • 6. Provisions whereby the park owner is responsbile for the proper maintenance of park services, and is responsible for reducing rents in the event of a reduction of service. 7. Provision for enforcement of the ordinance whereby violation is subject to misdemeanor charges, punishable by up to $500 fine and /or 6 months imprison- ment. S. Provision whereby the ordinance shall not apply to any mobile home space which is under a lease agreement. Additionally, the ordinance does not preclude a resident from entering into a lease agreement with the park owner. LONG -TERM LEASE 1. Rent adjustment once each 365 days. 2. A term of five years, with the last two of the five allowing the park owner to change the land use designation of the park. The lease becomes void after three years should the owner change the land use. 3. An allowable rent adjustment of 100% of the average of CPI(U) and CPI(W). Additional pass - throughs include increases for governmentally imposed taxes, • assessment or fees; for costs incurred as a result of circumstances other than ordinary wear and tear not covered under an insurance policy; and for costs items required to be itemized according to the tax laws of the United States (up to a 3% increase of base rent). - a Mobile Home Rent Adjustment Matters Page 3 4. A five- member residents committee identical to the committee formed under the existing Ordinance No. 231. 5. A provision whereby the owner shall disclose the monthly rent for all spaces within the park, in addition to other pertinent information required by the City. 6. Provision identical to Ordinance No. 231 whereby the park owner is reponsible for the proper maintenance of park services, and is responsible for reducing rents in the event of a reduction in service. 7. Provision identical to Ordinance No. 231 for enforcement of the lease whereby violation is subject to misdemeanor charges, punishable by up to $500 fine and /or 6 months imprisonment. 8. Provision whereby the right of the resident to assign the lease to another mobile home buyer exists. 9. Provision establishing the right of the resident to cancel the lease upon removal of the coach and a 60 day notice to the park owner. 10. Creation of a mobile home park mediation board consisting of two residents, two park owners and one City appointed person (or City official). The board would consider any inconsistencies or conflicts of the provisions of the lease should such arise. In essence, the board could make a binding • decision as to disputes or discrepencies in rent adjustments or other service matters. 11. Provision establishing guidelines whereby the owners and residents shall re- negotiate renewal of the lease at its termination. Such criteria includes examining the percentage change in CPI, the degree of owner's capital improvements /expenses, the degree of governmentally imposed taxes, assessments or fees, rents charged for comparable spaces in other communities, rates of return earned by investments comparable to mobile home parks, and the degree by which resident incomes have maintained pace with i,,£lation. RESIDENT PROPOSED ORDINANCE 1. Rent adjustment once each 365 days. 2. A term of three years, at which time the City Council would review the ordinance for further action. 3. An allo ^able rent adjustment of 75% of CPI(W). Additional pass- throughs for increases according to the following criteria: - changes in property taxes or other applicable taxes. - changes in the rent paid by the owner for the lease of the land. - change in utility charges for the park. !� - changes in reasonable operating expenses and maintenance costs. - the need for repairs caused by circumstance other than ordinary wear and tear. - the amount and quality of service provided by the park owner. Mobile Home Rent Adjustment Matters Page 4 4. A five - member residents committee identical to the committee formed under Ordinance No. 231. 5. A provision whereby the owner shall disclose the monthly rent for all spaces within the park, in addition to other pertinent information required by the City. 6. Provision whereby the park owner is responsible for the proper maintenance of park services, and is responsible for reducing rents in the event of a reduction in service. 7. Provision identical to Ordinance No. 231 for enforcement of the ordinance whereby violation is subject to $500 fine and /or 6 months imprisonment. 8. Creation of a Rent Review Board consisting of two residents, two park owners and three "public members" who are neither mobile home residents nor park owners. The board would make any recommendations it deems appropriate to the City Council regarding the implementation and enforce- ment of the ordinance. Additionally, the board would hear all rent increase applications requesting more than the allowable Consumer Price Index and determine whether to approve or deny a rent increase according to the criteria established in the ordinance. For your further consideration, I have attached a copy of the existing Ordinance No. 231, the long -term lease and the resident proposed ordinance. I have also included a copy of a document prepared by staff which compares the provisions of the long-term lease and the resident proposed ordinance. This document was distributed to all residents and was used in discussing both documents at several meetings with the park residents. Should the Council have any questions or comments regarding these documents or regarding the current events in the mobile home park issue, please contact me at your convenience. • • CRDIANM NO. 731 Url -...y - (1.-w--1 , /P /0J AN O DII&R= OP THE CITY a RMW arNOSA, CRUPO NIA, AILING CHAPTER 8.10 OF THE RANCHO CUCA DIM M VICIPAL ODE, PRWIDING EW AN ANIAM MA%IMIM RF1Pf AWU81NF2ff, AM DUUARBT, ME URGAWY T9O+HF The City Council of the City of Rancho Cucamonga, California, does ordain as follows: sWEM 1: Chapter 8.10 of the Rancho coca orga Municipal Code is hereby amended to read as follows: Chapter 8.1 Mob'n P k n low' tmen The Sections to be included Will be as follo,a: 8.10.010 Findings, Purpose and intent. 8.10.070 Definitions 8.10.030 Applicability 8.10.010 Mobile Base Park Registration 8.10.050 Mobile Ham Park Tenants Committees 8.10.060 Rent Adjustment 8.10.070 Responsibilities of Park Omer 8.10.090 Enforcement 8.10.190 Retaliation 8.10.100 Severability 8.10.110 Sp;TIOa 8.10.010 Termination FIMIIiS. PURIC34E AM I.1PElf There mists Within the City of Rancho Cucamoop and the surrounding areas a serious shortage of mobile base rental space, Which has resulted in low vacancy, term and rising space rents. Further, because of the high coat of moving mobile hoses, the potential for damage resulting therefrom, the reguiresents relating to the installation of mobile hmnes, including permits, • lardscaping, and site preparation, the lack of alternative hose sites for mobile hone residences and the substantial immtmm r of mobile horse owners in such banes, there exists a virtual monopoly in the rental of mobile home park spaces. Accordingly, the City Council finds and declares that it is necessary to protect the residents of mobile broom from unreasonable space rent increases, Mile at the same time recognizes the need of mobile home park owners to receive a just and reaaomble income sufficient to cover the costs of repaire, maintenance, insurance, employee services, additional amenities and other operatiome. Further, the City Council firds that decisions of a rent stabilization board or similar decision making body do not necessarily fulfill the intent of protecting mobile home residents from unreasonable space rent increases nor do those decisions always provide owners With the opportunity for a just and reasonable inane sufficient to operate a mobile home perk. The City Council also finds that wncerns among residents and owners of mobile hone parks wet rent increases and other perk related sitmtim can often be hest resolved between the rWO parties, providing there exists the incentive for both parties to negotiate in good faith and teach agreement. The intent of this cepter, them, is to protect mobile hose park residents frm unreasonable space rent lmraesn, while providing an incentive to both park owners and residents to negotiate future rental contracts in goad faith and to reach agreement tharefroa. 1. "Camittes' shoal seen the mobile hone pack taunts committee created in each mobile home park and establiahed by this ordinance. 7. - Concern- dull soon that situation occurring within a mobile have park which is determined to diadvonta99 a Majority of the Ark taunts or Property. Ordinance MC. 231 Page 2 3. "Consumer price Index' shall mean the Consumer Price Index A Urban page Fbrners and Clinical Workers (CPI -W) published for the Los lagelee -LOrg BeAch-eahe m arse by the Department of Labor Statistics. 1. 'Mobile House' shall omen a vehicle, other than a motor vehicle or recreational vehicle, designed or used for human habitation. 5. "Mobile Some Park' shall mean any area of laud within the City of Rancho CU mo ge where two or more mobile home spares are rented, or held out for rent, to accommodate mobile homes used for human habitation. 6. 'Mobile Some Space' shall mean the site within a mobile hom park intended, designed, or used for the Iecation or - -emendation of a Mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith, or the location or aco moedation of a recreational vehicle. 7. 'Omer' shall mean the Amer or operator of a Mobile hone park or an agent or representative authorized to act on said owner's or operator's behalf in moection with the maints ence or operation of such park. S. 'Rent' shall mean the consideration, including services, amenities, and benefits in convection with the use and occupancy of a mobile home space. 9. '1bantw shall Mean any person entitled to occupy a mobile ham dwelling unit pursuant to ownership thereof or rental or lease arrangement with the amer of the subject dwelling unit. 1. The provisions of this Ordinane,, Shall apply to ary mobile no* park and mobile hone apace within the City of Rancho Qncmmnga. 2. Section 6.10.060 of this Ordinance shall no, apply to tenaooim covered by leases or contracts, at the effective date of this chapter, which provide for more than a month -to -month tenancy, but only for the duration of such lease or contract. Upon the expiration or other termination of any much lease or contract, all provisions of this chapter Shall iamediatelybe applicable to the tenancy. 3. awe of the provisions of this ordinance shall preclude a mobile hone perk tenant from entering into a written lease or contract with the perk weer. Within sixty (60) days of the effective date of this chapter, all perk owners subject to the provisions of this chapter shall be rejuired to file with the City Clerk a rent Registration StatseaM for each rental unit affected by this chapter. TM City Clerk shall devise such registration forms m as to call for information necessary to carry Owt the purposes and policies of this chapter, and shall mail such forms to all Mobile ham perk owners in the City in sufficient tims as to allw such park owners to file their Registration Statements within sixty (60) drys of adoption of this chapter. The City Clerk shall forward a certified copy of the registration statement to the taunts committee. all rental nits shall be registered amsally thereafter. tb rent increases permitted under this chapter shall be allowed to park Owners who have failed to properly register all mobile home apace. SECTION 8.10.050 Mmrre exm Tnwunm � 1. CLULL LL.ytt Within sixty (60) drys of the effective data of chip chapter, each Mobile hose park within the City stall cresta, by spactal aiactim of the Pick residnte, a flue -amsMr temnta oU1tt". The City Clerk shall call for W schedule such special election for each parr at an Ordinance No. 231 Page 3 • appropriate time when such election may he held. residents shall ratify the City Clerk as to their intect of special election, and sutmit a listing of committee nominees. Each park resident may east up to five (5) votes, but shall not mat more than one (1) vote for each Whines. 'Those five nominees receiving the most votes shall be elected to the tenants o'mittee. A representative of the City shall be in attendance at the special election to conduct the election proceedings and to verify the election results upon completion of the ballot muss. The City representative shall net vote or influence any vote. 2, mmie.s a�t+�s of: Except as otherwise provided by law, the tenants' co asttes shall have the following pavers and duties: (a) Meet to discuss problems and concerns within the mobile home park and when necessary to recmmerd further action on such problems and concerns. (b) Inform all residents of the perk as to developments of proposed rent increases and other park concerns. (c) Negotiate with the perk owner in order to resolve tenant concerns. (d) Elect one of its members to serve As chairman, one to serve ae vicrchaitman, and one to serve as secretary. The chairmen shall preside at all committee meetings and shall exercise general supervision of the affairs and activities of the mo mittee. The vicachairman shall assume the duties and powers of the chairman in the went of the chairman's • absence. The secretary shall record and maintain all minutes of actions and meetings for the committee. (e) Any action of the committee shall require affirmative votes of not less than a quorum, except that less than a quotas may adjourn a meeting sine die or to a specified time and place. A quorm shall consist of a majority of the members net counting vacant positions. (f) The committee shell prepare specific guidelines for the election of alternate cVaittee members to fill vacancies, aM the length of terms for all committee mmbers and officers. eamron e.le a60 ten' mamarr 1. Advance Notice oft At least sixty (60) days prior to the effective data of a rental adjtu bmsnt, the park comer or representative shall serve all =bile home residences, either personally or by mall, with notice of the proposes] adjusasen t in accordance with State law. Said notice shall also include the recent consumer prim indes as established by the City Munger. Within three (3) days of notice to park tenants of a rent adjustment, the park owner or representative shall provide the City Clerk with the follwirg information: (a) The effective data of the noticed adjustment. (b) Idntifimtim of the tenants or mobile ham spaces affected. (c) 'Tea aamat of the rant prior to the effective date of the notice for each of those mobile hrae spscee. (d) The amount of the incrsw (in dollars) for each of those mobile has specks. Ordirsomm M. 231 page 1 (e) The quantity and identity of tenants or spaces order 1 • or contract. 2. pendnd af; mo metal adjustment shall be noticed of permitted or enforced more frequently than once every 365 days per mobile home park. 3. B=M A Ante each year, park owners shall be permitted to change rents in poem of that which they are lawfully charging during the previous year hued upon the Consumer price Index as established by the City Manager. The first anal adjustment permitted hereunder will be based upon the percent change in the Consumer Price Inter from August 190 to July 1981. lbnthly, beginning on the effective date of this chapter the City Meager shall determine the most recent published crammer price index. The City Clerk shall record the latest published commune Price Index and shall notify each park came[ of such upon request. Computation of rent increesea allowable under this sectim shall he according to the following formula: Multiply the hex rent and the maim o allowable percentage rent adjustment provided thereunder, and add the porata share of additional ret. The resulting figure, rounded off to the nearest dollar, is the mamimm allowable tent which may be granted to park owners under this chapter. Additional rent, above that established by the Consumer Price Index, shall be granted to park owners in the event of increases in tam, assessments or levies (much as increases in ad valorm real property taxes) imposed by local, state or federal goverment entities, or in the event of need for repairs cause_ try circomstanwee other than ordinary wear and tear not covere� under an insurance policy. Such additional adjustxnts shall he ocaq,uted on a prorata share for each mobile hmoe space. 1. Pstl1_SOjyiCM: It is the remonsibility of the park Omer to provide and maintain the physical iaprevenwnts and the common facilities of the Perk in good working order and condition, and in doing so comply with the requirements as set forth in the Mobile Have Residency Law. No perk Owner shall allow a reduction or elimination of any service in a mobile hone park or to any tenant within any mobile home park unless and until a prop+rtiaate share of the cost savings resulting from such reduction or elimination is peseed on to the tenants in the form of a decrease in rent. 2. meeting w� iINuummn The park Omer shall meet upon reasonable notice with the tram cvexitts as required by the kbbile Bons Raidmay Law. It shall be prenrd that the intent of good faith negotiation as establiaW under this chapter stall be practiced by the park Omer and tenants, committee, in attempting to reach agreamem and resolve tenant concern. 1. Any tenant or park Omer aggrieved by the willful violation of any of the provisions of this chapter may sow thereon and recover actual damages therefor, plus a civil penalty AS provided herein. Any Park Omer or representative who dsamnds, accepts, receives or retains any payment of space rent in excess of the madam lawful space rent, in violation of the provisi of this chapter or any rule, regulation or order hereunder pr be liable as hereinafter provided to the tram from who such Pq'sauts at denanded, arrogated, received or retained, for damages am a civil parity In an amount of five-budrad dollare (8500.00) or three (3) times the ammmut by Mich the payment an dsanided, accepted received or retained exceeds the m aim s Ordinance Non. 231 page 5 • lawful span rent, whichever is the greater. the perk owner is also liable to the tern[ for any much payments actually Collected and refunded, if any, plus interest from the date received, reasonable attorney's fees, and coats as determined by the court. 12. The fact of any willful violation of this chapter may be and by the aggrieved tenant as a defense to any action for unlawful detainer based on ndrpsymmt of rant. The park owner may use the fact of any willful violation Of this chapter as a defense to recover any rent due under this chapter. 3. Any willful violation of this chapter shall be a misdemeanor and Mall be Punishable by a fine of not more than fivriwdred dollars ($500.00) or W imprisonment in the County jail for a period not exceeding six (6) months or by both such fine and imprisonment. Each continuing day of violation shall be deemed to be a separate violation. =ON B.10.090 McTS.rAmnon It is unlawful for the management or any owner of any mobile home perk to harass, evict, retaliate against or otherwise discriminate against any retaliation against a person who has opposed any practice believed unlawful under this chapter, has informed law enforcement agencies of practice believed unlawful under this capter, has asserted any rights under this chapter, or has petitioned, testified or attested in any proceeding under this chapter. caTron B.pd.3no avvsmarr.rmv If ary prevision or clause of this chapter or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise is invalidated by a final judgement of any court of competent jurisdiction, such invalidity shall not affect other provisions of clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this ends the provisioas and clauses of this chapter are declared to be severable. 0 Unless exte I by action of the City Council, the Ordinance shall terminate and have no force and effect after November 21, 1981. S=2n This Ordinance is hereby declared to be an urgency measures and it shall take effect immediately upon its adoption. SBCIEGL1: The Mayor shall sign this Ordinance and the City Clerk shall Cause the same to be published within fifteen (15) days after its passage at least once in 2% mss a newspaper of general circulation publiahad in the City of Ontario, California, and circulated in the City of Mncho Oicaaeape California. PASSED, APPROM, and AMPTED this 5th day of Septembers 1984. AYES: NOFS: ABSENT: Beverly A, Autlrlete City Clerk Jon D. Mikela, Mayor II -7 -e=t MOBILE HOME PARE LEASE • (PIVE -YEAR LEASE) PARE: ALTA LAGUNA MOBILE ESTATES, LTD. 10210 Baseline, Rancho Cucamonga SPACE NO.: LESSEE(S): INITIALS: THIS LEASE, made and executed effective with the commencement date set forth below in Paragraph 3, by and between the Mobile Home Park entity referenced above (acting as Lessor), herein -after referred to as Park Owner, and the residents (acting as Lessee), each of them listed above. This lease, if duly executed by Park Owner and Resident supersedes any pre - existing lease between Park Owner and Resident. • 1. DEFINITIONS• A. *Mobile Home Park' shall mean any area of land within the City of Rancho Cucamonga where two or more mobile home spaces are rented, or held out for rent, to accomodate mobile homes used for human habitation. B. 'Committee' shall mean the mobile home park Residents' Committee created in each mobile home park according to Paragraph 10 of this lease. C. 'Concern' shall mean that situation occuring within a mobile home park which is determined to disadvantage any park residents or property. D. 'Consumer Price Index' shall mean the average of the Consumer Price Index for all urban wage earners and clerical workers (CPI -w) and the Consumer Price Index for all urban consumers (CPI -U) for the Los Angeles /Long Beech /Anaheim area as published by the Department of Labor Statistics. E. 'Mobile Home• shall mean a dwelling unit, other than a motor vehicle or recreational vehicle, designed ® or used for human habitation. P. 'Mobile Some Space' shall mean the site within a mobile home park intended, designed, or used for the location or accomodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith, or the location or . accomodation of a recreational vehicle. G. 'Mobile home Park Owner* shall mean the owner or operator of a mobile home park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park. H. 'Resident' shall mean any person entitled to occupy a mobile home dwelling unit pursuant to owner- ship thereof or rental or lease arrangement with the owner of the subject dwelling unit. I. •Rent' shall mean the consideration, including services, amenities, and benefits in connection with the use and occupancy of a mobile home space. J. 'Capital Improvements' shall mean all cost items required to be capitalized by the tax laws of the United States which have a useful life of at least five years. R. 'Recreational vehicle' shall mean a motor home, slide -in camper, or camping trailer with or without motive power, designed for human habitation for recreation or emergency occupancy. • DESCRIPTION OF THE PREMISES: Park Owner leases to Resident and Resident leases from Park Owner the space indicated above within Park Owner's mobile home park to be used as a residence by Resident and for no other purpose without the prior written consent of Park Owner. TERM: This Lease will be for a term of five years and shall commence on January 1, 1985 and end by 12:00 midnight on December 31, 1989. Nothing in this Lease, however, shall preclude the Park Owner from changing the use of the Mobile Home Park at any time during the last two years of this Lease provided that the Park Owner has complied with the requirements of the Mobilehome Residency Law and any other applicable laws. This Lease shall automatically become null and void upon any such change of use. RENT: No rental adjustment shall be noticed or permitted • or enforced more frequently than once every 365 days per mobile home pack. -2- Until January 1, 1985, the current monthly charges will remain in effect. The monthly rent for the period January 1, 1985 through November 30, 1985 will be an • amount calculated to reflect the rent now in effect plus an increase as indicated by the change in CPI plus any applicable pass - throughs under the provisions set forth below. The monthly rent for each of the remaining years of this lease will be increased on December 1st of each year by the sum of the following adjustment criteria: A. The percentage change in the Consumer Price Index for the twelve month period ending on August 31st of each year commencing in 1984; B. The Residents' pro rata portion of: (1) any increases or decreases in the event of taxes, assess- ments or levies imposed by local, state, or federal governmental entities; (2) in the event of need for repairs caused by circumstances other than ordinary wear and tear not covered by an insurance policy; or (3) in the event of cost items required to be capital- ized according to the tax laws of the United States. The annual increase due to pass - through of these capital cost items, however, shall not exceed three (3) percent of the resident's current rent. Such cap- ital costs must be amortized over a five -year period • until fully amortized at which time such pro rata costs to the Residents shall be deleted from the rent. Any such cost items that relate to the creation of a new amenity, service or facility at the mobile home park must be approved by a majority vote of the occupied spaces within the mobile home park before the Park Owner may pass- through such costs to the Residents. All rent increases for recreational vehicle spaces within the Park shall be governed by the same standards. Park Owner shall provide Resident with written notice of changes in the CPI and justification for any pass - throughs allowed under the provisions set forth above no later than sixty (60) days before any annual rent adjustment under this lease. A copy of such notice shall also be mailed to the office of the City Manager for the City of Rancho Cucamonga. S. UTILITIES: In addition to any rent to be paid by Resident to Park owner, Resident will pay all utilities that are separately metered at the Park. Resident hereby promises to utilize reasonable conservation measures to keep consumption of non - metered utilities to a -3- 1: reasonable minimum. To the extent that utilities presently paid for by the Park Owner become metered in the future, the monthly rent due Park Owner from Resident will be reduced in proportion to the average per space monthly cost of the utility in question. • SALE: In the event Resident sells the mobile home located on the premises to a third party during the term of this lease or any renewal or extension hereof, Resident shall give notice to Park Owner of Resident's intent to sell the mobile home. ASSIGNABILITY OF LEASE UPON RESALE: Resident shall have the right to assign this lease and the person or persons to whom said lease is assigned must be approved by the Park Owner and must assume all of the obligations of the Resident. Such approval will not be unreasonably withheld so long as the person or persons to whom this lease is assigned have the finan- cial ability to pay the rent and charges under this lease and will comply with all rules and regulations of the Mobile Home Perk. Unless and until this lease has been validly assigned, Resident shall continue to be bound by all provisions of this lease even after sale of the mobile home to a third party. No increase in rent, other than those specified in paragraph 4, hereof, shall be charged by virtue of a sale of • Resident's mobile home. B. CANCELLATION OF LEASE UPON REMOVAL: In the event Resident decides to remove the mobile home from the Mobile Home Pack, Resident may cancel this lease upon giving Park Owner 60 days' notice in writing of such removal and cancellation. RESPONSIBILITY OF PARE OWNER: It is the responsibility of Park Owner to provide and maintain the physical improvements and the common Facilities of the Mobile Home Perk in good working order and condition. Park Owner shall comply with the requirements as set forth in the Mobilehome Residency Law (California Civil Code 798 at seg). Park Owner shall not allow a reduction or elimination of any service in the Mobile Home Park or to any Resident within the Mobile Home Park unless and until a pro- portionate share of the cost savings resulting from such reduction or elimination is passed on to the Resident in the form of a decrease in rent. -4- 10. RESIDENTS' COMMITTEE: Park Owner shall meet upon reasonable notice with the • duly- elected Residents' Committee so long as that Committee is formed by (or has been previously formed pursuant to law) and complies with the following provisions: A. Creation. Unless previously formed pursuant to law, within sixty days of the effective date of this Lease, all residents of this Mobile Home Park shall, by special election of the Park Residents, select a five - member Residents' Committee. The City Clerk shall call for and schedule such special election for each park at an appropriate time when such election may be held A candidate must be a Resident of his /her respective park and must be nominated by at least one other Resident of same. All candidates shall complete and submit an intent of candidacy form to the City Clerk at least three (3) days prior to date of election. The City Clerk shall create and make available sdch candidacy forms. Residents of each park space may cast up to five (5) votes, but shall not cast more than one vote for each nominee. Those five nominees receiving the most votes shall be elected to the Residents' Committee. A representative of the City shall be in atten- dance at the special election to conduct the election • proceedings and to verify the election results upon completion of the ballot caucus. The City represen- tative shall not vote or influence any vote. B. Powers and Duties: Except as otherwise provided by law, the Residents' Committee shall have the following powers and duties: (1) Meet to discuss problems and concerns within the Park and when necessary to recommend further action on such problems and concerns; (2) Inform all Park Residents as to developments of proposed rent increases and other Park Concerns: (3) Negotiate with the Park Owner in order to resolve resident concerns. It shall be presumed that good faith negotiation shall be practiced by the Park Owner and Residents' Committee in attempting to reach agreement and resolve Resident concerns. The Park Owner and Residents shall adhere to the provisions of the Mobile Home Residency Law; 0 -5- (4) Elect one of its members to serve as chair- man, one to serve as vice- chairman, and one to serve as secretary. The chairman shall preside at all Committee meetings and shall exercise general • supervision of the affairs and activities of the Committee. The vice - chairman shall assume the duties and powers of the chairman in the event of the chairman's absence. The secretary shall record and maintain all minutes of actions and meetings for the Committee; (5) Any action of the Committee shall require affirmative votes of not less than a quorum, except that less than a quorum may adjourn a meeting sine die or to a specified time and place. A quorum shall consist of a majority of the members not counting vacant positions; (6) The Committee shall prepare specific guidelines for the election of alternate committee members to fill vacancies, and the length of terms for all Committee members and officers; and (7) The Residents' Committee shall act on behalf of any or all Park Residents if such action is so authorized in writing. Notwithstanding the foregoing, Park Owner shall not be required to meet with the Residents' Committee any more frequently than three times during any • twelve -month period, except as required by the Mobilehome Residency Law, or as mutually agreed by the Park Owner and Residents' Committee or during the period of lease renegotiation as discussed in Paragraph 25 of this lease. 11. USE PROHIBITED: Resident may use the leased mobile home space and may permit occupancy thereon as permitted by the Mobile- home Residency Law. No other use or occupancy of the leased mobile home space by the Resident is permitted without the prior written permission of the Park Owner, who may grant or withhold such permission at Park owner's sole discretion. 12. WASTE AND NUISANCE PROHIBITED: During the term of this lease, Resident shall comply with all Park rules and regulations, which may be changed from time -to -time pursuant to the terms of the Mobilehome Residency Law, as same may be modified from time -to -time. -6- • 13. ABANDONMENT PROHIBITED: Resident shall not vacate or abandon the mobile home • space at any time during the term hereof. Vacation or abandonment of the mobile home space shall be defined as continual absence from the mobile home space for a period in excess of thirty days unless a prior written notice is given by Resident to the Park Owner explain- ing that Resident will be absent from the mobile home space for a given period and indicating Resident's intent to return to occupy the mobile home space. If Resident shall abandon, vacate or surrender the mobile home space, any personal property belonging to Resident left on the mobile home space shall be deemed to be abandoned at the option of Park Owner, 14. PARK OWNER'S RIGHT OF ENTRY: Except as provided in subdivision (A), and notwith- standing any other provision of law to the contrary, the Park Owner shall have no right of entry to a mobile home without the prior written consent of the Resident. Such consent may be revoked in writing by the Resident at any time. The Park owner shall have a right of entry upon the land upon which a mobile home is situated for maintenance of utilities, for maintenance of the premises in accordance with the rules and reg- ulations of the Park when the Resident fails to so maintain the premises, aid protection of the Mobile • Home Park, at any reasonable time, but not in a manner or at a time which would interfere with the Residents' quiet enjoyment. A. The Park Owner may enter a mobile home without the prior written consent of the Resident in case of an emergency or when the Resident has abandoned the mobile home. 15. ATTORNEY'S PEES AND COURT COSTS: If an action at law or equity shall be brought to recover any rent due under this lease or on account of any breach of, or to enforce or interprets any of the covenants, terms or conditions of this lease or the Park rules and regulations or for the recovery of possession of the mobile home space, the prevailing party shall be entitled to recover from the other party as part of the prevailing party's costs reasonable attorneys' fees, the amount of which shall be fixed by the court and made a part of any judgment or decree rendered. -j- 16. WAIVER• The waiver by Pack Owner or Resident of, or the • failure of Park Owner or Resident to take action with respect to any breach of any term, covenant or condi- tion herein contained, shall not be deemed to be a waiver of such term, covenant or condition or subse- quent breach of same, or any term, covenant or condition herein - contained. The subsequent acceptance of rent by Park Owner shall not be deemed to be a waiver of any preceding breach by Resident of any term, covenant or condition of this lease other than the failure of Resident to pay the particular rent so accepted, regardless of Park Owner's knowledge of such preceding breach at the time of accepting such rent. 17. EFFECT OF RESIDENT'S HOLDING OVER: Any holding over after the expiration of the term of this lease, with the consent of Park Ovner, shall be construed to be a tenancy from month -to -month at the same monthly rental as required to be paid by Resident for the period immediately prior to the expiration of the term hereof, and shall otherwise be on the terms and conditions herein specified so far as applicable. The amount of rent due for the term of such period of holding over may be altered according to the terms of the Mobilehome Residency Law. . 1H. FACILITIES AND SERVICES PROVIDED BY PARR OWNER: The facilities and services to be provided by Park Owner during the term of this lease unless changed as provided by law are set forth in Exhibit A attached hereto. 19. NOTICE OF CHANGE: Park Owner shall, after having provided the residents with at least ten (10) days' prior written notice of the matter to be discussed, meet and consult with the Residents' Committee or any resident either individ- ually or collectively on the following matters regarding general Park operation: A. Amendments to the Park rules and regulations; Standards for maintenance and physical improvements in the Park; Additions, alterations or deletions of services, equipment and physical improvements. • -8- 20. BINDING ON SUCCESSORS IN INTEREST: The provisions of this lease shall be binding on the successors in interest of either the Park Owner or the • Resident. 21. TIME IS OF THE ESSENCE: Time is of the essence of this lease and for each and every covenant thereof. 22. SECTION CAPTIONS: The captions appearing under the section number designations of this lease are for covenience only and are not part of this lease and do not in any way limit or amplify the terms, or provisions hereof. 23. INCORPORATION OF RULES AND LAW: Resident hereby acknowledges that the rules and regulations of the Mobile Home Park (a copy of which is attached hereto as Exhibit B) have previously been received by Resident, as have copies of the Mobilehome Residency Law and that these documents are incorporated by reference into this lease and are made a part of it as though set forth in full. 24. ACKNOWLEDGEMENT: • Resident agrees that this lease contains the entire agreement between the parties relating to the lease of space within Park Owner's Mobilehome Park. All prior negotiations or stipulations concerning this matter which preceded or accompanied the execution herein, are conclusively deemed to have been super- seded hereby. It is recognized by the parties hereto that this lease was negotiated to resolve the long- term interests of the parties. One concern of the Residents was that after execution of this lease, Park Owners would attempt directly or indirectly to alter unilaterally the terms hereof to Park Owner's benefit. This provision was therefore incorporated to make clear that this lease cannot be altered by Park Owner without the prior approval of the Residents' Committee of all of the mobile home parks within the City of Rancho Cucamonga. However, the provisions of Exhibits A and B of this lease may be altered with the approval of the Residents' Committee and Park owner or in accord - accordance with applicable law. • -9- 25. RENEGOTIATION AT EXPIRATION OF LEASE: It is the intention of Park Owner and Resident to renegotiate the terms of this lease at the expiration of this lease or any extension thereof. Such renego- tiation is expected to involve all park owners within . the City of Rancho Cucamonga and all residents as rep- resented by their respective Committees. The renego- tiation is intended to commence no later than may 31, 1989. Because of the lengthy duration of the lease, Park Owner and Resident acknowledge that it is difficult at this time to define the parameters of such negotiations or to predict the course of future economic events. Nevertheless, in an effort to promote harmony between the parties hereto, Park Owner and Resident agree to renegotiate in good faith using the provisions of this lease as a starting point and there- after guided by the following factors: A. The percentage change in the CPI during the most recently reported twelve month period; B. The degree, if any, by which the Park Owner's expenses /capital improvement costs during the term of the lease have exceeded increases in the CPI and have not been recouped through rent increase pass- throughs under the lease; C. The degree, if any, by which the Residents' annual income has failed to keep pace with changes in the CPI; D. Rents charged for comparable spaces at compar- • able mobile home parks within a fifty mile radius of the City of Rancho Cucamonga; E. The degree, if any, by which the Park Owner's debt service has changed by virtue of changes in bank lending rates or practices; P. Rates of return earned by comparable invest- ments /alternative uses of the Park Owner's property; and G. Any unforeseen extraordinary economic occurance affecting either the Park Owner or the Residents. 26. RETALIATION: It is unlawful for the management, any owner or any resident of any mobile home park to harass, evict, retaliate against or otherwise discriminate against a person who has opposed any practice believed -10- is unlawful under this lease, has informed law enforce- ment agencies of practice believed unlawful under this lease, has asserted any rights under this lease, or has petitioned, testified or attested in any proceeding • under this lease. 27. ENFORCEMENT: Any resident or park owner aggrieved by the willful violation of any of the provisions of this lease may sue thereon and recover actual damages therefor, plus a civil penalty as provided herein. Any park owner or representative who demands, accepts, receives or retains any payment of space rent in excess of the maximum lawful space rent, in violation of the pro- vision of this lease, shall be liable as hereinafter provided to the resident from whom such payments are demanded, accepted, received or retained, for damages as a civil penalty in an amount of five- hundred dollars ($500.00) or three times the amount by which the payment so demanded, accepted, received or retained exceeds the maximum lawful space rent, whichever is greater. The park owner is also liable to the resident for any such payments actually collected and refunded, if any, plus interest from the date received, reasonable attorney's fees, and costs as determined by the court. The fact of any willful violation of this lease may be used by the aggrieved residents as a defense to • any action for unlawful detainer based on non - payment of rent. The park owner may use the fact of any willful violation of this lease as a defense to recover any rent due under this lease. Any willful violation of this lease shall be a misde- meanor and shall be punishable by a fine of not more than five - hundred dollars ($500.00) or by imprisonment in the County }ail for a period not exceeding six (6) months or by both such fine and imprisonment. Each continuing day of violation shall be deemed to be a separate violation. 28. MOBILEHOME PARK MEDIATION BOARD: If a dispute should arise concerning interpretation, including without limitation application of Paragraph 4 hereof, or enforcement of this lease which cannot be resolved pursuant to meetings between Park Owner and the Residents' Committee, both parties agree to submit said dispute to the Mobilehome Park Mediation Board -11- for binding decision. The Mediation Board shall be established either by mutual agreement of the Resi- dents' Committees and all Park Owners or, failing same, by Resolution of the Rancho Cucamonga City Council. The Mediation Board shall consist of two • Residents selected by the Residents' Committees, two Park Owners Selected by all Park Owners and one City Official of the City of Rancho Cucamonga selected by the City Council. A new Mediation Hoard will be formed in 1986, 1987, 1988 and 1989 pursuant to the same process. The Mediation Board shall develop its own rules and pro- cedures. All action of the Mediation Board shall be approved by a majority vote. 29. SEVERABILITY: If any provision or clause of this lease or the appli- cation thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalidated by a final judgement of any court of competent jurisdic- tion, such invalidity shall not affect other provisions or clauses or applications thereof which can be imple- mented without the invalid provision or clause or application, and to this end, the provisions and clauses or this lease are declared to be severable. RESIDENT(S): PARK OWNER: -12- - 2 By • Cl Resident Draft 11- 9 -84:bu !yyf��ui ✓ `n.pp'- C) ( U-' ! Cl ^ G Z ORDINANCE no. All ORDINAga OF THE CITT OF RANCHO MCAM MA, CALIFORNIA, A)URIDINO CHAPTER 8.10 OF THE RANCHO COCAMONGA MUNICIPAL CODE, PROVIDING FOR M ANNUAL MARIMOM RENT ADJOHTMXT The -City Council of the City of Rancho Cucamonga, California, dose ordain es fulls: SECTION l: Chapter 8.10 of the A ... be Cueamo.&a Municipal Code is hereby amended to read a full..: Cheater 5.1 Mobile House Park Annuat Maximens Root Ad' The Section$ to be included will be at foil..: 8.10.010 Findings, Purpose and Intent. 8.10.020 Definitions 8.10.030 Applicability 8.10.040 Mobile Rree Park Begirt cation 8.10.050 Mobile Home Park Residents Committees 8.10.060 ease "or 8.10.010 Rent Adjustment 8.10.080 Rn ponaibil it iea of Park i`vner 8.10.090 Mobile Home Park Rent Review goad 8.10.100 Permitted Rent for" eseaa Based Upon An Application Appear ed by the Board 8.10.110 Enforcement 8.10.120 Retaliation 8.10.170 Sevembility • 6.10.140 Review by City Council SECTION $30.010 FINPIMCS. PURPOSE AHD IMM There exist. within the City of Rancho Cucamonga and the surrounding area a serious shortage of while home rental apace, which has resulted in low vacancy rates and rising apace rents. Further, beads• of the high coat of moving mobile home., the potential for damage resulting therefrom, the ,tqui.emenu relating to the installation of mobile homes, including permit.. landscaping, add site preparation, the lack of alternative home site# for mobile home t .idevicea and the substantial investment of mobile home w.are in such homes, there exists a virtual monopoly in the rental of mobile home park .pace.. Accordingly, the City Council finds and declare, that it is necessary to protect the residents of mobile homes from unreasonable space rent increase., while at the same time recogo Laes the need of mobile home park owners to receive a just end rewomble income sufficient to rovec the co K• of repairs, maintenance, insurance, exployee services, additional meni[iea and other operations. SECTION 0,10,Q20 DEFINITIONS 1. "Committee" .hell wen the mobile home park residents committee created in each mobile home park and established by this ordinance, 2. "Concern" shall mean [het situation occurring within a mobile home park which is determiad to disadvntage one or sort park residents of property. ). "Coam,er price Index" shall ... the ca.somer Price Index for Urban Wage Earan and Clerical Workers (CPT -R) publiehed for the Lot Angeles-Wag Botch- Anaheim atta by the Department of Labor Statistics. 4. Nobile green #hall maeR • drilling unit, other them A motor vehicle or recreational vehicle, designed or used for harm habitation, r � Ordinance No. Page T 5. 'Mobile Home Park" shall mean any area of land within the City of Rancho Cucamonga where two or more mobile home spaces are rented, or held out for rent, to Accommodate mobile homes used for human habitation. • 6. 'Mobile Home Space" shall mean the site within a mobile have park intended, designed, or used for the location or accoamodation of a mobile home and any accessory structures or appurtenances attached thereto or used in conjunction therewith, or the location or acc000da five of A recreational vehicle. ] "Owns r" shall mean the never a operator of a mobile home park or a. agent o . representative authorized to act on said owner'. or operator's behalf in connection with the maieteneoce or operation of each park. 8. 'Rent" shall mean the consideration, including •ern ices, menitice, and bevnfita in convection with the use and occupancy of a mobile home .pace. 9. "Resident" shall m may person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or rental or lease arrangement with the owner of the subject dwelling unit. 10. "Hoard" shall mean the Mobile Home Rent Review board of the City of Rancho Cucmong.. 11. 'Capital Improvement" shall mean any addition or betterment made to a mobile home park which consists of more than mere repairs or replacements of existing facilities or improvements and which has a useful life of five or more years. SECTION 8.10.070 APPLICABILITY 1. The provision. of this Ordinance shall apply to any mobile home park and mobile home .pace within the City of Rancho Cucamonga. I. Section 8.10.060 of this ordinance .hell not apply to r<s idenciet• covered by leases or contrasts, at the effective date of this chapter, which provide for more than a month -to -month residency, but only for the duration of such lea.. at ontract. Open the expiration or other termination of any such lease or contract, all provisions of this chapter shall immediately be applicable to the ruid..cy. 8. game of the provisions of this Ordinance shall preclude a mobile home perk resident from entering into a written lease or contract with the park woes. SECTION 8.10.060 MOBILE HOME PARR REOISTRAtION Within misty (60) day. of the effective date of this chapter, all park owners subject to the prevfsioas of this chapter shall be required to file with the City Clerk a rent Registration Statement for each rental Unit affected by this chapter. The City Clark shall devise such registration farms so am to call for information neceassry to arty out the purpo tea and policies of this chapter, and shall nail such forms to all mobile home park owners in the City in sufficient time as to allow such park owners to file their Registration Statements within slaty (60) days of adoption of this chapter. The City Clerk shell forward a certified copy of the registration statement to the residents coo iftee. All rental units shall be registered annex Ill thereafter. No east increases permitted under this chapter shell be allowed to park owners who have failed to properly register all mobile home spaces. SECTION 8.10.050 MOBILE ROMI MIMI$ COMMITTER I. Creatiom of: Within sixty (60) drys of the effective data of this chapter, each mobile home park within the City shell cteate, by election of Orditance No. page J the park residents, a five - member residents committee. The City Clerk shall call for and schedule such election for each park at an appropriate time when • such election may be held. Resident. shall notify the City Clerk ss to their intent of election, sod submit a listing of committee nominees. Curb park resident may cart up to five (5) onto., but shall not cart more than ox (1) vote for each saw ive e. Thee five noalone. receiving the most vote• :hall be elected to the residents committee. A representative of the City shall be in attendance at the election to conduct the election proceedings and to verify the election results upon completion of the ballot caucus. The City representative shall not voce or influence any voce. 2. Powers and gas Lie. of: Except as otherwise pr wided by law, the residents committee shall have the following power. and duties: • SECTION 3.10.060 RASE RENT An owner shell not demmnd, accept, or retain rent for a mobilehome apace excluding the rent in effect for said •pace an November 21, 19M and ss adjusted each subsequent rent adjustment dace in accordance with the requir mend of Section 3.10.0701 Rent Adjustment. If a previoualy rented mobilehme *pact was not rated on November 21, 1934, the owner may charge rent including adjust... to the m. ss if the apse had bee. rooted cockle" Ily in Accordance with Section 3.10.070, Rent Adjustment. If a sobilehme *pace is rented for the first tine after Nuvmber 21, 1986, the owner shall not demand, accept, Or retain rent for mid apace exceeding the rent first established and charged for the particular apace ss adjusted each subsequent rent adjustment date in accordance with the requirmencs of Section 6.10.070, Rent Adjustments. (A) Meet to discuss problem. and concern. within the mobile ham. park and when necessary to recommend further action on such problems sad concern.. (b) Inform all residents of the park a to development. of proposed rent increases and other park concerns. (c) Negotiate with the park owner in order to resolve resident c.acerva. (d) elect one of its amber. to serve as chairman, one to serve a vice- chairman, and one to serve as secretary. Th e chair.. shall preside at all committee meeting. and shall exercise general supervision of the affair@ and activities of the come !ties. The vice - chairman shall moue the duties and powers of the chai man in the event of the chaiman'a absence. the secretary shall record and maintain all minutes of actions and meetings for the committee. • (e) Any action of the committee shall require affirmative votes of not less than a quoru, except that 10@2 than A quorum may adjourn a meeting site die or to a specified time and place. A quoru shall consist of a majority of the ambers not counting vacant position.. (f) Th e coo ittee .hall prepare specific guidelines for the election of alternate committee ambers to fill vacancies, and the length of terns for all committee member. and officer.. (g) The committee shall act on behalf of park resident(.) if such action is authorized in writing, • SECTION 3.10.060 RASE RENT An owner shell not demmnd, accept, or retain rent for a mobilehome apace excluding the rent in effect for said •pace an November 21, 19M and ss adjusted each subsequent rent adjustment dace in accordance with the requir mend of Section 3.10.0701 Rent Adjustment. If a previoualy rented mobilehme *pact was not rated on November 21, 1934, the owner may charge rent including adjust... to the m. ss if the apse had bee. rooted cockle" Ily in Accordance with Section 3.10.070, Rent Adjustment. If a sobilehme *pace is rented for the first tine after Nuvmber 21, 1986, the owner shall not demand, accept, Or retain rent for mid apace exceeding the rent first established and charged for the particular apace ss adjusted each subsequent rent adjustment date in accordance with the requirmencs of Section 6.10.070, Rent Adjustments. Ordinance No. Page 4 SECTION 8.1p.070 "HIT ADJUSTMENT 1. Advaca Notice of: At least sixty (60) days prior to the effective data of a rental adjustment, the park owner or representative shall• sarve all mobile home reside...., eith er personally or by oil, with entice of the propo sad adjustment in accordance with State 1xv. Said notice .hall also include the recent consumer price index as established by the City Manager. Within three (3) days of notice to park residents of a rent adjustment, the park owner or representative shall provide the City Clerk with the following information;, (J The effective data of the noticed adjustment. (b) Identification of the residents or mobile home spaces affected. (c) The amount of the rent prior to the effective date of the notice for each of those mobile home spaces. (d) The amount of the increase (in dollar.) for each of those mobile home spaces. (e) The quantity and identity of residents or spaces under tease or contract. 2, pied of: No rental adjustment shall be noticed or permitted or enforced more frequently than once every 365 days per mobile home park. 3. Maxima Allowable Adivarmevc: Once each year, Park owners shall / he permitted to charge rents in excess of, thar which they are lawfully charging during the previous year based on smwYiEj— Eiws- peraentrd-TSkA aE the. parcautage change of the Consumer Price Index as established by the City Manager. Th r Consumer Price Index percentage change shall be for that one year period starting the fiat day of the fourteenth (14) mouth and ending the last day of 7 ci the second month prior to the proposed rent adjustment date. Monthly, beginning on the effective date of this Chapter the City ` Manager shall determine the most recent published Conner Price Index which • the City Clerk shall record. The City Clerk, upon request, shall notify each park meet of such maximum allowable yearly percentage change involved in a rent adjustment. Computation of rent increases all usable under this Section shall be according to the following formula: Multiply the base rent and the allowable percentage adjustment in the Consumer Price Index as provided herein to determine the maximum allowable rent adjustment, rounded off to the nearest dollar, which may be granted to the park owner. 4. So Adiustaot Allowed: No general annual adjustment or adjustment of rent will be permitted any park owner who: (a) Nar continued to fail to comply with any provisions of this Ordinance and /or orders or regulation. issued hereunder, or (b) Me. failed to bring the rental unit lute coapliamee with the implied warranty of habitability, or (c) Mae failed to register all mobile home spaces as provided under this Ordinance. S. Other Adjustments: May be considered. Refer to Section 8.10.100, CCTI N B ,10,080 RBSPONSIBILITISS OF PAM 0 1. Park Services. It is the responsibility of the park over to • provide and maintain the physical improvements and the common facil itia of the Park io good working order and condition, and in doing en comply with the Ordinance No. • Page 5 requirement. m at forth in the Nubile "me Residency Law. If - a seem its or .<vity is eliminated or reduced or changed in such a • move r to affect the re.ident(s), the change shall first be discussed with the effected residents and the resident. c.!rise and approval, including rent reduction be, agreed upon. If agreement is not obtained, the condition shall be referred to the guard for final deciuioo. 2. Restive with Residents: The park Owner shall meet upon reasonable' notice with the residents cumin.m a required by the Nubile Nome Residency Law. It .hall be presmed that the intent of goad faith negotiation es established under this chapter shall he practiced by the park Owner and om t residents cmittee attempting to reach agreement and resolve resident concern.. note shall be a minimums of one meeting per year to discuss park welfare in general Or city and community items of importance. SECTION 8.10.090 THE MOBILE NONE PARR RENT REVIEW BO mD 1. The Nubile Home Park Rental Review Board is hereby established and shall consist of seven (7) members and three (3) Alternates. In order to provide varied and balanced backgrounds and experience two (2) member. and cue (1) alternate shall be r sident• of mobile home park.; two (2) members and one (t) Alternate .hall be Owners Of mobile home parka; and three (3) members and one (1) alternate shall be "public matters" who are neither residents nor Owners. The ambers of the Board shall be appointed as follOwr. (a) One (1) of the three (3) public ambers shall be appointed by the City Council from a list of one (1) or more qualified par.... nominated by the resident ambers of the Board. (b) One (1) of the three (3) public ambers shall be appointed by the City Council from a list of one (1) or more qualified persona nominated by the Owner ambers of the Board. (c) One (1) of the three (3) public members, each resident and • owner member, and each alternate shall be appointed by the City Council from 2 list of one (1) Or more qualified persons nominated by the City Council. If the resident or Owner member. should fail to nominate • public member who meets with the City Council's approval the City Council shall so notify the resident or weer amber. entitled to nominate, and if a further nomination satisfactory to the City Council is sot made Within ten (10) days After each notice, the City Council may make an appointment to the office concerned without a nomination. An alternate shall serve a a .her of the Board during the Absence of • mater of the Board with the same experience background as the .Iternate. If necessary to make a quorm for a meeting or a hearing, an Alternate may nerve in place of .v Absent mbar .Iternate with a diff ... at experience background than the Nubile Hme Rent Review Board alternate. 1. such an event, the at -large alternate shall carve fiest, and, if still necessary to mate a quorum, the resident and sneer Alternates .hail be choose to serve in an order to be detemined by lot. 2. Each member .n alternate shall be appointed by a majority vote of the City Council for • ow (1) year tom to end on June 30 next after the appointment And until a • s ecessor is appointed. Any member or alter to say be removed, with or without cause, by • majority vote of the City Council. Should A vacancy exist, an appointment shall be made by • majority vote of the City Council for the unexpired portion of the tem. The compensation of Board embers and alternates shall be determined by the City Council. 3. If . amber of the Board is absent from three (3) .man ten ive ee ti.,. without being emceed by the Board, or is stmt for nor. than is (6) meetings in any twelve (12) month period without being excused by the guard, the office of such ..be, shall be voca.d and the Chairman shall iomedi.tely Ordinance No. Page 6 notify the City Manager who shall notify the City Council that said office is ,grant. Upon such notification, the City Council shall appoint a successor for the remainder of the ten of each member. 6. The Board shall establish the time of any hearings or meetings• held pursuant to this chapter sod each hearing. or meetings shall be held in a City designated facility a often am the Board determines to be sates sary to discharge its duties hereunder. 5." The board shad elect now, (1) .f its ambers as chairperson and said election shall he held a soon as practicable after each ... te n commences. Five (5) ambers shall constitute A quorum, ,here a equal represeotation of park owners and resident representatives exist, for the purpose of conducting a hearing or meeting, Decisions of the board shall be made by a majority rate of the ambers premenc. 6. The duties and responsibilities of the board shell include the following: (a) The Board shall make may recommendation. is dam. appropriate to the City Council regarding the implementation and enforcement of the provisions of this Section. (b) The Based shall hear all rent increase application. and determine whether to •pprave or disapprove A rent increase in the manner provided by Section 8.10.0%. T. All public umbers and their alternates shall be residents of the City of gaucho Cucamonga. SECTION 8.10.100 FERMInED INCREASES BASED UPON AN APPLICATION APPROVED By TM[ SCAM 1. An owner may file with the City Clerk a rent increase application for one or more .*bile home spates for approval by the Board. T. An application for a rent increase pursuant to this section• shall be filed upon a form prescribed by the City Clerk •ad shall be accompanied by the p.yeevt of . fen of one hundred dollars ($100); provided, however, that no fee shall be charged for applications filed within the first one hundred eighty (180) days after the <ff..Cil. date of this Chapter. Said application shell specify the address of the mobile home park, the space number or embers for which rent is requested to be increased, the amount of the requested rent increase, and the faces supporting the requested increase. no applicant shall produce at the request of the Board any records, receipts, reports, or other docments that the Board my dean necessary to make a de[ermiatioo whether to approve a cent increase. The application shall be made under pets lty of perjury and supporting document. shall be certified or verified a requested by the City mark. B. Upon receipt of a rent increase application, the City Clerk shall mail • ..tit. to the affected residents at the ..bile home sp ... a designated in the application sad to the residents committee ebairman, infoming them of the receipt of such application, the amount of the requested rent increase, a brief summary of the owner's justification for the request, any supporting document. which may be iuspacted at the City Hall, the cesid.W. right to submit written -tat .... to, photographs or other document• rslating to the appli..tice within thirty (3O) days after the date the notice is mailed, and the address where such statmenca are documents may be mailed or delivered. 6. The City Clerk shall date nine withie thirty (50) days after receipt of a rent increase application whether aid application is complete. If the City Clerk determines that ao application is not cmplete, it shall notify the applicant in writing as to what additional information is required. 5. A copy of each rent increase application shall be provided to each amber of the Board after such application is detemimd to be complete.• 17 — Ordinance No. Page 7 She Board shall hold a hearing on said application within sixty (60) days after such determination is ad. except as provided in subsection (10). Notice of • the time, date, and place of the hearing shell be mailed to the applicant and the affected residents at the mobile home spaces designated in the application at least ten (10) days prior to the bearing. b. At the hearing, the applicant and the affected residents may offer any teat imony that is relevant to the requested rent increase. the applicant and affected resident@ may offer document$, written declarations, or other written evidence for the first time at the hearing only if good cause is shown why such evidence was not filed w.•.h the Department prior to the hearing. Formal rules of evidence shall not be applicable to such proceedings. Except a provided in eubaecttou (11), within fifteen (15) day@ after the close of the hearing, the Board shall make it. determination, pursuant to the standards established by subsection (0) of this section, approving or disapproving a rent increase for the mobilehwe space or spaces specified In the rent increase application. 7. The purchase of a new park or refinancing of an xisting park are net to be considered as roue.@ for considering . rent incren<. 8. The Board shall approve such rent increase are it determine@ to be just, fair sod reasonable. no Board shall consider the following factors, in addition to guy other factors it considers relevant, in making such determination, if the item. are not considered in determining the Consumer Price Index by the U.S, Department of tabor statistics, (a) Changes in property taxes or other taxes related to the subject mobile home park. (b) Changes in the rent paid by the applicant for the lease of the land on which the subject r..obile home park is located, (c) Changes in the utility charges for the subject mobile home park paid by the applicant and she extent, if any, of re imbur.ement from the residents. (d) Changes in reasonable operating an maintenance expenses. (e) The need for repairs caused by circumstances other than ordinary wear and tear. (f) The mount sod quality of services provided by the appl..ht to the affected resident. (g) Any existing written lease lawfully entered into between the applicant and the affected resident. 9. The Board may provide that an increase in rent or a portion of an increase in rent granted by the board be limited to the length of time necessary to allow the park owner to reasonably amortize the tort of a capital improvement, including interest end a reasonable profit, hot not he able to continue to receive the increase or portion thereof granted me ♦ result of the capital improvement beyond the time .eceesay for r e ....able amortisation. A capital improvement over $5,000.00 met be apps oved by majority of residents through the residents cow ittee. 10. Notice of the board's determination shall be mailed to the applicant, all affected residents, and to the residents committee chairman at the mobile home *paces designated in the application. The determination of the Board *hall be final, 11 . In the event that the Board is unable to act and make its final determination on a completed rent increase application within the time limitations prescribed by oubsactioim (4) -(6) of this Section, and after the chitty (JO) dap for the r.oido.t to file statements or documents in opposition to the application under subsection (d) shall have expired, the Bard may approve such interim rent increase for the mobile buss opera or spaces Indicant. No. Page 8 specified in aid appliutiov which clearly .ppean to be extracted when ch. factors sat forth in subsection (e) of this Section are considered, based upon the facts stated in the application, any written statomeat• or documents filed with the City Clerk by the affected residents, and any other facts know to the Board. M approved interim rent increase shall expire on either (1) the last day of the moath within which the Board makes its final determia ciom disapproving a rent increase, or (2) the effective date of a rent increase which is approved by • fiael determination of the Board. 112. the time within which the Board mq conduct a hearing as provided in aubsectiov (5) or make its determination a provided in abaeccion (6) may be extended twice by the Board for periods of time not to exceed sixty (60) days each if the Board approver an interim rent increase pursuant to subsection (11). 13. No gent Review Board action or c mmideration will be necessary if the adjustment prepared by the park Owner, a advised by the City Clerk, is no more than the all omabl• percentage increase and the Board has received no question from the resident(.) involved or the Park Committee within ten (10) working doe of receipt of the notice of rent adjustment by the ... ident(s) or Park Committee, SECTION 8.10.110 ENFORCEMENT 1. My resident or park owner aggrieved by the willful violation of any of the prow isiovs of this chapter say due thereon and recover actual damages therefor, plus a civil penalty as Provided herein. Any park Owner or representative who demands, accepts, receives or retains any payment of apace rent in excess of the maxima lawful space rent, in violation of the provision of this chapter or any rule, regulation or order hereunder promulgated, shall be liable as hereinafter prov ided to the resident from who such paymmna are demanded, accepted, received or retained, for damages an a civil pens lty in an .cc ou.t of five- hundred dollars (9500,00) or three 0) times the amount by which the payment so demanded, accepted received or retained exceeds the maxima lawful space rent, whichever is the greater. The park owner is also liable to the resident for any such payments actually collected and refunded, if any, plus interest from the date received, reasonable attorney's fees, and costs a determined by the court. 2. The fact of any willful violation of this chapter may be used by the aggrieved resident a a defense to any action for uolaw ful detainer based vinon- paymeat of rent, The park owner may use the fact of any willful olation of this chapter a a defense no recover any rent due under this chapter. J. My willful violation of this chapter shall b. a misdemeanor and shall be punishable by a fine of not more than five-huadred dollars (4500,00) or by imprisonment in the County jail for a period not exceeding mix (6) mmnths or by both such fine and imprisonment. Each continuing day of violation shall be deemed to be a separate violation. SECTION 6.10.120 RETALIATION It is unlawful far the ms uge.ent or any Owner of any mobile home park to hams, evict, retaliate against or otherwdse discriminate against any retaliation against a person who has opposed any practice believed unlawful under this chapter, has informed La entorcement astories of practice believed unlawful under this chapter, has asserted any right. under this chapter, or has petitioned, testified or attested in any proceeding under this chapter. SECTION 8.10.130 SWERABILIn If any prow isiom or clause of this chapter or the application thereof to any person or circaatau . is had to be unconstitutional or to be otherwise invalidated by a final judgment of any court of competent jurisdiction, ouch• Ordinance No. P.O. 9 invalidity shall vat affect other provisions or clauses or applications thereof which can be implemented without the level id provision or clause or • application, and to this end, the pt oetsioes and clauses of this chapter are declared to be severable. SECTION 5.10.140 REVIEW Or CITY COUNCIL :f Me City eci shall review the provisions of this chapter three date GS) yearn after the date of adoption thereof. iva at any other time denied provision. o in older to consider the effectiveness and necessity of the prw ie ions of this chapter, and the need to amend harM1 provisions as to provide mare effective regulation or to avoid unnecessary hardship. SECTION 1: The Mayor shall •is. his Ordinance and the City Clerk shall taut. the same to be published within fifteen (15) days after its passage at least once in The Daily Report, ....paper of gmerd circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucemong., California. PASSED, APPROVED, sad ADOPTED this ATES: NOES: ABSERT: AttEST: • Sweetly A. Authetet, City ClerN • !on D. Mikela, Mayor CITY OF RANCHO CUCAMONGA m r 1977 The following pertains to the issue of rent adjustments within mobile home parks of Rancho Cucamonga( specifically addressing the provisions of a long -term lease and a recently proposed rent stabilization ordinance. Within recent months a committee of seven residents, one from each of the seven mobile home parks within the City, has met with park owners in hopes of resolving the issue of unnecessary rent increases. Residents may recall that on September 5, 1984 the City Council of the City of Rancho Cucamonga passed a temporary ordinance which limits rent adjustments within mobile home parks. That ordinance will term- inate on November 21, 1984 unless further amended by the City Council. At that September 5 meeting, the City Council also directed both the park owners and the resident representatives to meet and discuss the possibility of a long -term lease as an alternative solution to the apparent problem of undue rent increases. The passage of Ordinance No. 231, then, protects residents from unnecessary rent increases while both the owners and the residents negotiate the provisions of a long -term lease. Since September 5, park owners and resident representatives from all seven mobile home parks have met on several occasions to negotiate the provisions of a long -term • lease, That lease has been drafted and distributed to most parks within Rancho Cucamonga. At present, residents are being asked to review the provisions of the lease, This document is a mutual agreement between you and the park owner. Should you are under no obligation to sign the lease, y m d Y choose. you have questions regarding the lease, please attempt to contact your nark owner or manager. Additionally, City staff will be pleased to assist you in any way possible. Also as part of the current rent adjustment issue, the committee of resident representatives has drafted a rent stablization ordinance, which will be presented to the City Council on Wednesday, November 21, 1984. The Citv Council will review the established provisions of the ordinance and decide an what direction it wishes to pursue regarding the proposal at that meeting. That meeting will be held at Lions Park Community Center, 9161 Rase Line Road, and is scheduled for 7:70 p.m. In order that you may better understand the provisions of the long -term lease and the resident proposed ordinance, the City has prepared the attached document which compares both the lease and the ordinance. Our intent in preparing this document is to provide you with "what if" situations, and to address chose situations from the perspective of both the lease and the ordinance. Again, should you have any questions or comments regarding the attached comparison document or regarding the long -term lease or proposed ordinance, please contact Mark Lorimer at the City of Rancho Cucamonga, 989 -1851. City staff is available to assist you. r 1 9324 BASELINE ROAD. SUITE C • POST OFFICE BOX 807 • RANCHO CUCAMONGA. CALIFORNIA 111730 • (7141 9X94881 1� -- _ xea daiu yNln ?_ cpa,ents I. what lx the term I the Jucwx:nt'! 5 ye. s 11r -khng Lind " 1 1c1 r v,e Irr huher Apiles to ar spaces at espl utlm Is 1hunged at 111d .•1 1111 Cl[y l:uunc ll. nl lease. year. Y. R often will a rent adjustment be allwed? once each lb5 days. unru each m5 day.. 1. Nut c r price In•lex I� ... J to Je[ervine 1110% of average of Cpl(w) 75X of CPI(w). hi a.en Nanrc with first oNtnence ILK. a rent zelj .tae.[? —d CPI M. 4. 0me. the dotuoent apply ey wily cu all Yes Yc. mobllehsae parka? S. Will a flue- aesber R,elde.te Cnoml[ tee be Yei Y" created? b. Can the land u.e of the park be c'an'ed et 'hnly after first I years ut At anytime•. Any land a rin.mge must r mfurm to snY[11e? Iea.v. Californ Ln1M11bllell.— Kcx WUSCy "e. ]. [a the park osm r ngwlreJ to regl.ter his asbilehuse park au/ declare rent. Fur .11 Yca Yes spaces with the City? B. Can an "Justaent for tulwsed rase., uaeasaents or fees be pae..J -on W Yes Yee . It a111v.d by the Nnanl .Ipnrovca all increases In erceas of ...ldeeta above any II.c [eaxe Iw1 CPI? Kcal Review Ikurd. aIL.wablr Cpl. 9. Can an adjwel.., far cwst. L¢urred J.. 1. cireur[anres other than urdl..'y ...r and Yes ... 11 not •. ..red by a Ycs . . I[ .nl luvc•1 by the .. •onm�. Item III. tea[ of park faclll[lee he psxaeJ -nn [o ln.uran.e larl lcy'v Kent R.vilw N.• +N. the resident. above the increase fu[ CPI? tease NexlJeElt Urdlnan_ C.aants 10. Can an adluxtnen[ teat .m requ ired to be Yea .. �wp1 u1 1¢no .a L nn Yea It aH'—J by Ken, 1[emlred eccorJln. to a.4levx of the United be — fll.cd a.ul .. .nt aIt N.rolev Beard. Capital Item St.,.. be .....d -un no resljnol..bwe an for n I.. uy [. ..t rNeseameni,ic. t be — [[Iced. Capl[el Increase in CPf1 the rent Item 1. rice" of $S,IIOO easL be .,proved by n oid-1, re a,ytovedby residents. 11. Can an adjus[oent due E. cnames In he utllI,y charges for the park be pained -on to the No Y— If Allwed by the See comments, live 10. residence above the increase fur CPI? Rent Navlev Board. 13. Go an adlus[aen[ fur cos- due to changes Yes . It ..Moved by the See ruwoen". item I0. 1. reeaonable .per..ln, cmpenxes be passe) -nn Ni) Rent Nevlev Bu.nl. to the residents above an Increase for CP1? IJ. Will the rest adlusioen, be de[ermin.d by the A reducttun or .1 huln.fi— Yes 11 .ILve.l by the unll n.mce prevents the r —1 of e noun[ and qualify of services provided by of service Kuarm[ees ink Nen[ Nevlev Buard. facility with a tn ..... bly list the owor to the residents? ay, llcsble rcA -il on in ten[, reducllun In rent." 14. is a Rent Mediaflon Buard or Ren[ Reviem Board Lease pruv files fur i Mcdio— ilydialn, ,, iirides tear s created "ereby residents and deners can lion &.ard to . nsldc, Nen[ Resits. v lhiard to appeal any action (rent .Jlnxteen1 or change disputes should any . ['the . +IAcr .my .,peal In rent of service to the park) of either party' arise uqulrinK a -ilea. 1ls aA pan . 0... + in tt.e decislun .tl the Huard park e v1. 'Me der 1.ion bind Lg. nt 0.. b,-,,] is bindi,s. IS. Vhx ix the board's membership? 2 Park riaidenp 2 pafk ns Llem -r All —sid-its .ul . mtral Pe a must 2 park w s,s 2 ,.rk o ' s Le 1-11 nts of Nancho Cu�amonga 1 City appointed Pu sou 1 acn[ralVc aunts 16. Can the decision of the board be appealed? Only n. a 11-11 eat lay. 'hdy m ..nnrt ..I k, Other Ineal nrJl....icss Lave been .,held in flu Supreme Cuuf[ and Lt.. Appellate C-11 . ll. la [hWnt .as i ... ble to a roach buyer? Yee • Ordlnmu:e per`ylrc, to all r,:nt and n oaldvn[s. • 18. tlwn r.. the doc exunt be cancelled? 19. 11hat kind of eaforceoent is provided In Ilse donusent? 20. Does the do.usent all. for a "rollback" of ..of.? 21. Wait happenii m the duow[ent after cis [ern eepirea or the review dace cane. up? 22. Can the docuoen[ [..shat. at an unsp.cifled Else? 23. Coo the Snstailatlon cants of utility peters be pseud nn to resident....... lac rca.e for CPI? 24. Can [he doe men[ be revl.ed or amended? 25. Mwt happens when aY m.bllehooe Is ousel? kale Np.n rem , val of a rsa. Il Ism file Park and 69 days vrltcen notice. ylolatl.. of any I'vi.i on I. a ndsdenew,r,. punkh,ible by fine up to $500 dn.11ar b muntbs In prison. Agarleved parry has right ro damage. of $SWI or t1rec time, tim amount of settled clefs. Nn I.— pruvid— for e -nebut ia[ ion . Nrer.by the c a u ,,..Iles . . [u after,,[ [u r.u.. lea.er Nu[ unl.... nn[na1lY agreed upon by bulb pa «less Nu Yes 11 mutually a"'ll —ca by the M.sid.n[n Grad tic and park nner.. Lase is r '.I led spun 60 day notice. Resident IIrJlnance Owes, and r r silent , ru.I abide by [he vruvini, of .Edinaw c. vlolat Lm of any VE vislnn In a mled.me . pun ishab lu by file up to $500 andlur 6 -oche In Pri n. Aµgrieer•d party has ri,dr I. damage. of WWI or dire. [roue. the arount .I the ..tried vl.11.. No C.o od de nln tb¢., r I. of rf Lt• Council m norm or [.Isla... urdln:mr.. Ye. by n Ilan city Cowmil. Yer. . if allowed by LLe Real N.vfev board. Yvs ... by tlm Cif, Cuunc{1. ordinance n.. I.nulur apples. Comm.. O,di —r.o can only be terminated or mended by Cuuncll accl.n. Ordinance I111—is! by Pannell after years. Expurivine sines that ordinance. um LLaune [ 11 1 main In Force. Lease does nut Prnvl�le for City ,,a ¢lclpa[lon In re- negutla[run. urdlnunce require. Public beating ..a vote by file City Council. S.. ....urea t.• IIs. 10. tease 0.eslJent —nance Gn�uen[c 26, Will this du—nt ssper.ede all other Ye, No .. rdtmnm v111 nut tilnlny leases or ardlns —e In all parks. ,upe mde my lease,. 0 • v�� v��•. Vet MEMORANDUM ,_ 2� , x' November 15, 1984 197 TO: City Manager and City Council �,�.� Q FROM: Mark Lorimer, Administrative Analyst SUBJECT: URGENCY ORDINANCE NO. 231 -A For Council consideration at its November 21 meeting, staff has prepared the attached urgency ordinance which if adopted would extend the termination clause of November 21, 1984 as established in Ordinance No. 231 -- Mobile Home Park Maximum Rent Adjustment. This urgency ordinance would allow the provisions of Ordinance No. 231 to continue to January 2, 1985 while the Council conducts the first and second readings of the resident proposed ordinance, or while the Council waits to see the response of residents to the long -term lease. At present, Ordinance no. 231 will terminate on November 21, 1984 unless amended. Should the Council have any questions regarding urgency Ordinance No. 231 -A, please contact me at your convenience. /ML • ORDINANCE NO. 231 -A AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE -NO. 231 BY EXTENDING SECTION 8.10.110 THEREOF PERTAINING TO TERMINATION OF CHAPTER 8.10 OF THE RANCHO CUCAMONGA MUNICIPAL CODE ENTITLED 'MOBILE HOME PARK ANNUAL MAXIMUM RENT ADJUSTMENT ", AND DECLARING THE URGENCY THEREOF The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: Ordinance No. 231 which was approved and adopted on September 5, 1984 is hereby amended by extending Section 8.10.110 thereof, which reads as follows: "Unless extended by action of the City Council, the Ordinance shall terminate and have no force and effect after November 21, 1984" SECTION 2; Unless this Ordinance is adopted as an urgency measure, • Ordinance No. 231 will expire by its own terms on November 21, 1984, thereby removing from law a procedure designed to resolve rent increaee disputes between the tenants and owners of while home parks before an alternate procedure can be considered by the City Council. The City Council finds that it is in the beat interest of the public health, safety and welfare to extend the provisions of Ordinance No. 231 to damuery=2, 1985 while alternatives thereto are being considered by the City Council. -� (, � SECTION 3: This Ordinance is hereby declared to be an urgency measure, and it shall take effect immediately upon its adoption. SECTION 4: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancbo Cucamonga, California. PASSED, APPROVED, and ADOPTED this 21st day of November, 1984. ORDINANCE NO. 230 • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE REGULATION OF AMBULANCES. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The Rancho Cucamonga Municipal ^ode is hereby amended to read a. folio..: "Chapter 1. Ambulances "Sec. 4.1.01. Definitions. 'Unless otherwise stated, words and terms are defined as follows (a) AMBULANCE. The term 'ambulance' means any vehicle specially constructed, modified or equipped, and used for the purpose of transporting 31ek, injured, convalescent, infirm or otherwise incapacitated Porsche and which is equipped with emergency signaling device. (such as red light and siren) or which is subject Co licensing by the California Highway Patrol as an ambulance. (b) AMBULANCE SERVICE OPERATOR. -.he term 'ambulance service operator' mean. any Person who owns a operates one or more ambulances. (c) COUNCIL. no term 'COmC11' means the City Council of the City of Rancho Cucamonga. (d) CLASS OF SERVICE. The term 'Cie., of Service' meane the • level or levels of complexity of field emergency medical services and will he specified as Da310 life support provided by Emergency Medical Tembician (t -IA) personnel conforming to California Health and Safety Code, Section 1760 (f), full advanced life support provided by California lie ... ad physician or by paramedics and mobile lntmaiv. care awses certified by the County Health Officer under California Health and Safety Coder Section 1481. (e) CITY. The tars 'City' means the City of Rancho Cucamonga, California. (f) CITY MANAGER. The term 'City Manager' mean, the City Manager of the City of Rancho Cucamonga, or his designee. (g) COUNTY. The term 'County' meane the County of San Bernardino, California. (h) COUNTY HEALTH OFFICER. The term 'County Health Officer' means that "ram designated as such by the County of San Bernardino. (i) EMERGENCY CALL. The term 'Emergency Call' is a request for the dispatch of an ambulance to transport or provide other assistance for a person who apparently has a sudden or unforeseen need of medical attention. (J) EMERGENCY SERVICE. The tam 'Emergency Service' mane the functions perfarmed in reapmae to an emergency Call. (k) PATIENT. The term 'Patient' means a oink, injured, womded, invalid, expectant mother, convalescent, or otherwise incapacitated person. • (1) PERSON. The tam 'Person, includes my individual partnership, firm, corporation, A. ... tAtion, governmental agency or other group or combination acting an a wit. Ordinance No, 230 Page 2 (m) BASIC LIFE SUPPORT (BLS) AMBULANCE. The term 'BLS • Ambulance' means an ambulance which has equipment and supplies ai specified by Title 13, California Administrative Code. (n) ADVANCED LIFE SUPPORT (ALS) OR LIMITED ADVANCED LIFE SUPPORT (LALS) AMBULANCE. The term 'ALS or LALS Ambulance' means an ambulance which has additional equipment and supplies as specified by the County Health Officer. (o) MOBILE INTENSIVE CARE (MIC) PARAMEDIC. The term 'MIL Paramedic' means a person specially trained in the provision of emergency cardiac and noncardiac rare appropriately Certified by the County Health Officer. (p) MOBILE INTENSIVE CARE (MIC) NURSE. The term 'MIC nurse' means a nurse who has been certified by the County Health Officer as qualified in the provision of emergency cardiac and noncardiac care In the issuance of emergenty instructions to MIC paramedics. (q) PERMITTEE. The term 'Permittee' means any person who possesses a current City permit to act as an ambulance service operator. (r) CODE 3. The term 'Code 3' means the period when an ambulance is traveling to or from a patient pick -up point using red lights and /or sirens and is traveling in such a manner as to reach its destination in the shortest possible time. "Sec. 4.1.02. Permits: Required. It shall be unlawful for any person, either as owner, employee or otherwise, to operate an ambulance, or to engage in business as an ambulance Service operator, upon the streets or any public way or • place in the City except in conformance with a valid City permit to operate an ambulance service, (a) EXCEPTIONS. The equipment and personnel standards specified in this chapter apply to all ambulance agencies; however, the licensing and permit requirements shall not apply to: (1) Publicly owned ambulances; or, (2) Vehicles operated as ambulances at the request of local authorities during any 'state of war emergency,' duly proclaimed 'state of emergency' or 'local emergency,' as defined in the California Emergency Services Act (Chapter 7 of Division I of Title 2 of the Government Code), as amended. °Sec. 4.1.03. Permit Fees. Permit fees shall be those which are, from time to time, set by the Council. All permits shall be issued to expire on June 30 of each year. "Sec. 4,1.04. Application_ for a Permit or Renewal of a Permit, (a) PROCEDURE AND INFORMATION REQUIRED. Prerequisites to the issuance of a permit or renewal of a permit for an applicant shall Include the filing with the City Manager an application in writing an a form to be furnished by the City Manager, which shall provide the following minimum information: (l) Naas and description of applicant. • 7 Ordinance Mo. 230 Page 3 • (2) Business address and residence individual address of any applicant, owns or has under his control required equipment to adequately (3) The name under which the ambulance service will do business. maintaining his ambulance service in a clean and sanitary (4) If a corporation, a joint venture, a partnership or limited partnership, the names of all partners, or the names of corporate officers, their residence addresses and their percentage of participation in the business. contain a statement that the applicant will maintain (station) at (5) A verification that the applicant is equipped to and will provide ALS paramedic service at all times in the City. (6) A statement in renewal applications that the applicant owns or has under his control required equipment to adequately conduct an ambulance service in the City, which meets the requirements established by the California Vehicle Code, and that the applicant owns or has access to suitable and safe facilities for maintaining his ambulance service in a clean and sanitary condition. When an initial application is submitted, a statement that the applicant will own or will have under his control required equipment to adequately conduct an ambulance service in the City, which meets the requirements established by the California Vehicle Code and that the applicant will owe or will have access to suitable and safe facilities for maintaining his ambulance service in a clean and sanitary condition. Both initial and renewal applications must contain a statement that the applicant will maintain (station) at least one ALS equipped ambulance within the geographical boundaries of the City. Additionally, the applicant must establish to the reasonabie satisfaction of the City Manager that the applicant has adequate capability to 'back up' or augment such ALS equipped ambulance if it is not immediately available to respond to a call • therefor. (7) A If for renewal applications amended as released during the year for any changed, substituted, loaned or ee vehicles, giving a complete description of each ambulance vehicle operated the applicant, covering a list the internal equipment carried by each ambulance, including the patient capacity thereof, and a copy of the most recent Ambulance Inspection Report issued by the California Highway Patrol for each vehicle. When an initial application is submitted, a List, amended as required red during the year for any changed, substituted, loaned leased vehicles, giving vehicle operated vehicle to be operated by the e complete description of each ache rote ambulance, covering a list of the internal equipment carried by each ambulance, including the patient capability thereof, and a Copy of Ambulance the most recent Ambulance Icles fat Report issued by California Highway Patrol for each vehicle shall provided to the City Manager e C Managr t io prior to the start of ambulance operation. (8) An affirmation for renewal applications that each permitted ambulance and its appurtenances conform to all applicable provisions of this Ordinance, the California Vehicle Code, the California Administrative Code and any other State, County or City applicable directive. When an Initial application Is submitted, and affirmation t h permitted ambulance and its appurtenances conform to all applicable provisions of this chapter, the California Vehicle Code, the California Administrative Code, and any other State, County or City applicable directive shall be provided to the City Manager prior to the start of ambulance operations. (9) A statement for renewal applications that the applicant employs sufficient personnel adequately trained and available to deliver emergency ALS paramedic ambulance services of good quality at all times in the City, When an Initial application Is submitted, a statement that the applicant will employ sufficient • personnel adquately trained and available to deliver emergency ALS ambulance services of good quality at all times. Ordinance No. 230 Page 4 (10) A list for renewal appllcatiom giving a description • Of the level of training for each ambulance employee and a copy of each certificate or license issued by the State and County establishing qualifications of such persc nel 1. ambulance operations. When an initial application is submitted, a list, amended an required during the year for any personnel changes, giving description of the level of training for each ambulance employee and a copy of each certificate or !I .... issued by the State and County establishing qualifications of much penomel in ambulance operations shall be provided to the City Manager prior to start of ambulance operation, (11) A statement, in an initial application, that shows to the satlsfactlan of the City Manager that the issuance of a permit is in the public interest and there Is a need for a permit to be issued, in that there 1a a requirement for ambulance service which osn be legally serviced by the applicant. (12) A statement signed by the applicant that as a condition of the City issuing A permit, applicant agrees to appear and defend all actions against the City arising out of the exercise of said permit, and shall indemnify and save the City, its officers and mpl.,.ea and agents baralesa of and from all claims. demands, actions, or causes of actions of every kind and description resulting directly er indirectly, arising out of, or in any way connected with the exercise of this permit. "Sec. 4.1.05, lnves tigation by :Sty Mana ;sr. Upon receipt of a completed initial (non - renewal) application, the City Manager shall conduct an investigation to determine If the applicant meets all requirements Of this Ordinance. 1pon wmp :etion • Of his investigation, the City Manager aba:l recommend to the Council that a permit be granted or dented. The determination of the Council shall be made after a public hearing upon the qualifications of the applicant. "Sec. 4.1.06. Issuance or Daniel of permit. (a) The City Council may order the issuance of a new permit to :.nduct an mbulanne service in the City upon finding that the applicant meets all requirements of this Ordinance, ;b) The Council may order the denial of a permit if it finds: (1) *hat the application is not in the form and does not :ontain the information required by the provialons of this chapter; (2) that the vehicles described in the application are inadequate or unsafe for the purposes for which they are to be used) (3) That the 001.1 scheme, name, monagram, or insignia to be used upon such vehicles is In conflict with or Imitates any color scheme, name, monogram, or insignia used by any person so a to be misleading or tend to deceive or defraud the public. (c) The Council may order the denial of a permit if the applicant or any partner, officer or director thereof: (1) Was previously the holder of a City permit, which permit was revoked or suspended and the terms or conditions of the suspension have not been fulfilled or corrected. (2) Is committing any act, Mich, if committed by any • permittee, would be grounds for the suspension or revocmClon of a permit issued pursuant to this Ordinance. Ordinance No. 230 Page 5 • (3) Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or where the applicant has benefited. (41 Has acted as an ambulance service operator in the City without possessing a valid permit therefor. (5) Has aided or abetted any person to violate any provision of this chapter or any prior ambulance ordinance. (6) Makes any false or misleading statement upon any application, or during the course of any investigation, required or permitted by this chapter. (c) BONDING OF APPLICANT. Before any permit is issued under the provisions of this Ordinance, the Council shall require the applicant as a condition to the issuance of the permit to post with the City Clerk a cash bond in the sum of Twenty Five Thousand Dollars (S25,000.00) or a surety bond in the same amount furnished by a corporation authorized to do business in the State of California, payable to the City. The bond shall be conditioned upon the full and faithful performance by the permittee of his obligations under the applicable provisions of this Ordinance and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. (d) LIABILITY INSURANCE. The permittee shall obtain and keep in force during the term of said permit public liability and bodily insurance issued by a company authorized to do business in the State of California insuring the owner, and also naming the City as an additional insured of such ambulance against loss by reason of injury or damages that may result to persons or property from negligent • operation or defective construction of such ambulance, or from violation of this Ordinance or of any other law of the State of California or of the United States. Said policy shall be in the sum of not less than Four Million Dollars (54,000,000.00) for personal injury to or death of any one person in any single accident; and the limits of each such vehicle shall not be less than Four Million Dollars (24,000,000.00) for damages to or destruction of property in any one accident. Workers' Compensation insurance shall be carried covering all employees of the permittee. Copies of the policies or certifcates evidencing such policies shall be filed with the City Clerk. All policies shall contain a provision requiring a thirty (30) day notice to be given to the City Clerk prior to cancellation, modification or reduction of limits. "Sec. 4,1.07. Content of Permit. The permit she 11 specify the dates of issuance and of expiration, the number of amulance units to be used by the permittee and any special conditions regarding communications, equipment and personnel deemed appropriate by the City Council. "Sec. 4.1.08. Amendment of Permits. Upon request by the permittee, the City Manager may amend the conditions specified in a permit if he finds such requested changes to be in substantial compliance with the provisions of this Chapter. Such amendment shall not affect the expiration date of the existing permit, nor shall it authorize a change in ownership from that specified in the original permit, =J ordicanca No. 230 Page 6 "Sea. 4.1.09• Renewal of Permits. • (a' Permits shall be renewed annually by the City Manager upon application of the permittee, if the permit holder propose. no .ub.tantlal change in the content of the permit, sad If the City Manager determines that the permit holder has, during the perlod of the expiring permit, operated in substantial conformity with the provisions of this Ordinance and the rules and regulations of the City, and that he Is capable of continuing operation In conformity with the rules and regulations of the City. (b) Unless good cause can be, shown by the permittee, it shall be a valid basis for non - renewal of a permit if the permittee has not, during the preceding permit period, had a Code 3 response time to at least 951 of its emergency calls of eight (g) minutes or I ess. Said response time being measured from the time the permUtee received the request until the permittee's ambulance actually arrived at the location for which the service was requested. (c) If the renewal application proposes a substantial change in the content of the permit, the application shall be processed as a new application pursuant to sections 4.1.05 and 4.1.06 of this chapter. "Sec. 4.1.10. Suspension and Revocation of Permit.. The City Manager mail he empowered to suspend or revoke the permit Issued under the provisions of tnim Chapter to operate an ambulance service, when it Ines been found after investigation that the Perri ttee or any partner, officer, or dtrecton (a) Violates any section of this chapter or any rule. or • regulations that are promulgated by the City which role to to his permit activities. (b) I. convicted of any offense relating to the um, .a is, poss ... I.., or transportation of narcotics or habit forming drugs. (a) Comita any act involving dishonesty, fraud, or deceit whereby mother is Injured, or whereby the permittee has benefited, or any act involving moral turpitude. (d) &a aair ....... ted a material fact in obtaining a permit, or I. no longer adhering to the conditions specified in his application. (a) Aida or abets any person who violates the provisions of this chapter. (f) Palls to make sad keep records showing his transactions as a permittee, or fails to have such records available for inspection by the City Manager or his duly authorized representative for a period of not less than three years after completion of any transaction to which the records refer, or refuses to comply with a Written request of the City Manager or make such record available for inspection. (g) Accepts an emergency call when either unable or unwilling to provide the requested aarvia, or fails to inform the person requesting such service of my delay and fail. to obtain the consent of such parson before causing an amhulance to reapond from a location more distant than the one to Mich the request was directed. 4e1 F.tiwmav witMwt 'd'gwab4 jwtitiaatlas N nmtt.wwaly yn.Ne MiC MemmaBa mmaeg.ny eeeetee gas a .eatiaaawe poaNe a$ • men alum a4 Mmma. Ordinance No. 230 page 7 • (h) Fa11s to notify the Fire Department of a request for emergency ambulance service. (1) Operatea an ambulance demoted as a paramedic unit by wording or lettering on the unit without qualified MTC personnel and equipment in the vehicle. (d) During any validation period of not less than thirty (30) days, failure of permittee to respond to 95% of Code 3 calls within eight (g) minutes or less will be sufficient grounds for revocation of permit. "Sec. 4.1.11. Suspension, Conditional Operation, and Temporary variance. In the event of a change in ownership of any kind or nature, any interruption of service, oC mea tau twenty -Lowe 4141 pours Ouratimv or any substantial change in staffing or equipment of the ambulance service, which causes the ambulance service to be carried out differently than specified in the current operating ,permit, the permitter, shall notify the City Manager Smedistely in writing, stating the Cants of such change. (a) Upon request by the permitter, the City Manager may grant a temporary variance in writing from the :ondltion specified in the original permit it he finds that such change Ss in substantial compliance with the provisions of this Chapter. If the City Manager finds that such Change is not Sn substantial compliance with this Ordinance, he may suspend, revoke, or amend the permit by written notice. in all cases when a change of ownership occurs in an ambulance service, an application for a new permit shall be riled • with the City Manager within thirty (30) days. In no case shall any temporary variance he valid for more than sixty ;60) days without written approval of the Council. "Sec. 4.1.12. Aobeal Procedure If the re naval of a permit is denied by the City Manager or If the City Manager suspends or revokes a permit, the permit" shall be given written notice specifying not only the action taken, but Sn the event of a suspension or revocation, the effective date thereof, which shall be not less then fifteen (15) days after the date of said notice. Such notification shall be by registered or certified mil. (a) Within ten (10) days after the date of such notification, the permitter may request a hearing before the City Manager. Such request must be in writing to the City Clerk. If such request is timely made, the effective date of any denial, suspension or revocation shall be extended until fifteen (15) days following the City Manager's action upon said request. She City Manager may, after suchd hearing, affirm, modify, or set aside the original decision. (b) If, after the hearing provided for above, the City Manager denies the renewal of or suspends or revokes a permit, the permittm shall have the right to demand a hearing by the Council. A request for a hearing shall be made in writing to the City Clerk within fifteen (15) calendar days following the denial, suspension, revocation or non - renewal of the permit, Upon receipt of a written request, the City Clerk shall set the matter for hearing on a data not mere than sixty (60) days following receipt of the written request and give notice to the appellant, the City Manager, mend any other interested persons who my present evidence, relevant to the decision of the City Munger. Within thirty (30) days following the Ordinance He, 230 Page 8 conclusion of the hearing, the Council mall make findings and Issue its su • S order, whether or not the permit should hs Ised or the suspension or revocation sustains. (c) During the time avallablt to request an appeal, and at any time before the appeal to the Coanrll mall have become final, the effect of such non- renewal, suspension or revocation shall he stayed. (d) Notwithstanding any other previsions herein contained to the contrary, the City Manager mall be empowered to effect an Smeediate sumpension of a permit without delaying the effective data thereof if he first finds the continued conduct cf s.on permittee I- so far removed from compliance with this Chapter or the general welfare of the citizens of the City as to justify such immediate action. (e) Any permutes who be. such immediate ..1pen31.n action taken against it shell awe a hearing scheduled before the City Manager within seven (7) working days of such suspension. "Sec. 4.1.13. Emergency Service Requirements. Each permlttee shell Provide emergency MIC paramedic ambulance service on a continuous twenty -four (24) hours per day basis. "See. 4,1.14. Conformance with Permit Ordinance. No ambulance operator mall provtds ambulance service for ambulance calls originating Within the City unle.e he mall first have a valid City permit. Any violatiom of this Section stall be, a esederaor. is "Sec. 4.1.15. Standards for Dispatch. Each ambulance service receiving an emergency ambulance request .hall dispatch an ambulance in compliance With the procedures Identified In Title 13, California Administrative Code. If an ambulance is not available for Smmediete dispatch, the procedures identified in Title 13, California Administrative Code, mall be complied With. (a) The Fire Department mall be Immediately notified of any emergency ambulance request. "Sec. 4.1.16. Ambulance Safety and Emergency Equipment Requirement.. Ambulances mall be maintained at all time in good meoanical repair and In a clean and sanitary condition. (a) MINIMUM EQUIPMENT. All ambulances .all be equipped with all safety and emergency equipment required for ambulances by the California Vehicle Code and the California Administrative Cade and administrative rules of the County Health Officer as the same are now written, or hereafter amended. (b) ALS AMBULANCE EQUIPMENT. In addition to the regular ambulance equipment and supplies, any ALS ambulance mall also be equipped as required by the valid administrative rules of the County Health Officer. (a) MAINTENANCE Of EMERGENCY EQUIPMENT AND SUPPLIES. Dressings, bandaging, Instruments and other aeddoal supplies used for • cars and treatment of patients will be protected so they arm sterile when ready for us*. Ordinance No. 230 pegs 9 • "Sac. 4.1.17. Ambulance personal. Every person who drives an ambulance within the City, while responding to emergency Calls, shall comply with the requirements in the California Administrative Code for ambulance driven. The driver of an ambulance shall he trained an competent in the proper use of all emergency equipment required by this Ordinance. Tae driver atoll also hold a certificate of at least an EMT -1A unless the ambulance service operator bas been specifically exempted from this requirement by the Council. (a) AMBULANCE ATTENDANT. An ambulance attendant Shall be trained and competent in the proper use of all emergency equipment required by this Ordinance, and shall hold the required certification of at least an EMT -1A. If the vehicle SS being used as an ALS ambulance, at least one attendant shall hold a certificate as an MIC Paramedic issued by the Health Officer for ALS ambulance. (b) ATTENDANT REQUIRED. Each ambulance being operated within the City, In response to an emergency call, ahall be staffed by both a driver and MIC Paramedic. The MIC Putimdlm of an ambulance responding to n emergency call shall occupy the Patlent compartment while transporting any person in apparent need of medical attention. An ambulance driver or ambulance attendant who Is a California licensed physician or mn MIC nurse certified by the County Health Officer, shall be exempt from the emergency medical training requirement of this section. This section shall not apply during any 'state of emergency' or 'local emergency' as defined in the Government Code of the State of California. • "Sec. 4.1.18. Continuation of Call. An ambulance based end properly licensed outside the City but not licensed by the City Shall be authorized to transport a patient to or through the City, but shall not be authorized to transport patients originating in the City. "Sec. 4.1.19. Emergency and Disaster Operations. During any 'state of war emergency,' 'state of emergency,' or 'local emergency' as defined in the California Emergency 5 ... lose Act (Chapter 7 of Division i of Title 2 of the Government Code), as amended, each ambulance service operator shall provide equipmant, facilities, and personnel as required by the City ganger. "Sec. 4.1.20. User Complaint Procedure,. Any wear or - uhscrib.r to an ambulance service contending that he hoe been required to pay an excessive chargm for service or that he has received unaetiafaetory services may file a Written complaint with the City Manger setting Carth such allegation. The City Manger shall notify the affected Pervittem of Such complaint, and shall investigate the matter to determine the validity of the complaint. If the complaint is determined to be valid, the City Manager Stull take a reasonable and proper --Lion to amour. compliance with the conditions of this Ordinanoe. -Nord "Attendant" changed to "MIC Paramedic- on 10- 17 -84. 0 Ordinance No. 230 Page 10 -Sec. 4.1.21. Enforcement Responsibilities. • (a) The City Manager shall make all necessary and reasonable rules and regulations subject to the approval of the Council covering ambulance service operation, ambulance equipment, ambulance vehicles, ambulance personnel, and for the effective and reasonable administration of this Ordinance. (b) The City Manager shall inspect the records, facilities, vehicles, equipment and methods of operation whenever such Inspections are deemed necessary. "Sec. 4.1.22. Excused Performance. No operator shall be deemed to be in violation of its permit if it shall fail to provide, either in whole or in part, the services otherwise required of it if such performance is prevented by any of the following: (a) Acts of God; (b) labor strikes or disputes; (c) Intervention of any government body; or (d) Any force reasonably beyond the control of the operator. SECTION 2; The City Council hereby declares that it would have adopted this r nance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or uncons titutuional. If for any reasons any portion of this Ordinance shall be declared invalid or unconstitutional, then all other provisions thereof shall remain in full force and effect. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall • attest �o the same, and the City Clerk shall cause the Ordinance to be published within fifteen (1S) days after its passage, at least once in The Dail Re art, a newspaper of general circulation, published in the City a ntar o, an circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this _ day of _, 1964. AYES: NOES: ABSENT: ATTEST: Jon 0. Mikels, Mayor Beverly A. Authelet, City Clerk • • ,2 , - ,,S - ir- ar -sfy ORDINANCE NO. 21l3 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 9.16 THERETO ENTITLED "MISCELLANEOUS OFFENSES" WHICH INCLUDES SECTION 9.16.010 PROHIBITING THE INTERFERENCE WITH POLICE DOGS The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: Chapter 9 of the Rancho Cucamonga Municipal Code is hereby amended by adding Chapter 9.16 thereto to read as follows: Sections: Chapter 9.16 MISCELLANEOUS OFFENSES 9.16.010 Interference with Police Doge Prohibited. is 9.16.010 Interference with Police Does Prohibited • It shall be unlawful for any person, in a manner not otherwise prohibited by California Penal Code Section 597 to tease, harass, agitate, provoke, beat, kick, strike, injure, or in any way interfere with any dog being used by any law enforcement officer in the performance of his or her official duties. Any person violating this section is guilty of a misdemeanor. SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of , 1984. :,J ORDINANCE NO. 87 -8 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTIONS 2.28.040 AND 2.28.070 OF THE RANCHO CUCAMONGA MUNICIPAL CODE RELATIVE TO TERMS OF APPOINTMENT OF ADVISORY COMMISSION MEMBERS AND OFFICERS. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: Section 2.28.040 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "Sec. 2.28.040, Membership- -Terms of Appointment. All terms shall be for three (3) years, which provides that one -third (1/3) of the Advisory Commission shall be considered for appointment each year. Implementation of the staggered three (3) year terms shall be through a "blind -draw" of each sub - committee to provide that the terms for one -third (1/3) of total commission shall terminate annually on June 30." • SECTION 2: Section 2.28.070 of the Rancho Cucamonga Municipal Code is hereby ame— n3ed to read as follows: "Sec. 2.28.070. Officers. A. The Advisory Commission shall select a chairperson to preside at all meetings of the commission. The term of the chairperson shall be one (1) year, commencing on September 1 of each year. The chairperson may be removed by majority vote of the entire Advisory Commission, taken at any regular meeting thereof. In the event a chair- person is removed prior to the expiration of his or her term, the Advisory Commission shall forthwith appoint a successor to serve the balance of the unexpired term." SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this * day of •, 190. AYES: NOES: is ABSENT: • lJ STAFF REPORT6 .r ien — I DATE: November 21, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Review of Beautification Program During this year's budget review, the Council expressed concerns as to the proposed Beautification Budget and requested that staff review the program and priorities with the Council prior to proceeding with major projects. The budget as submitted included the following projects for the current fiscal year: Base Line Beautification Base Line from East City Limit to Carnelian Avenue. Landscape and irrigation. Estimated Cost: $100,000 Design Expended: $ 3,400 Carnelian Avenue Beautification Carnelian Avenue beautification from Nineteenth Street to Banyan Street. Landscape, irrigation and sidewalk. Estimated Cost: $150,000 Design Expended: $ 3,000 Archibald Avenue Beautification Fourth Street to Base Line Road, various locations. Landscape and irrigation. Estimated Cost: $60,000 Foothill Blvd. Design Element Archibald Avenue Utility Undergrounding Develop plans for the median island and design theme for Foothill Blvd. Excess funds to initial construction phase. Estimated Cost: $172,345 Church Street to Base Line Road service connections. Estimated Cost: $20,000 TOTAL BUDGET: $602,345 CITY COUNCIL STAFF REPORT Review of Beautification Program November 21, 1984 Page 2 This program continues completion of the Carnelian Avenue project which was selected by the Council, Advisory and Planning Commissions as the first priority project several years ago. It would also complete nearly all miscellaneous beautification opportunities along Archibald Avenue not subject to future development. Resources would then be focused on Foothill Blvd. for future projects. The major City commitment on Foothill will be in the portions between Haven Avenue and Grove Avenue. The funds allocated in this year's budget are for design studies and plans. Funds remaining would go towards initial construction projects in future years. Other areas of potential major commitment are Nineteenth Street, Haven Avenue Median Islands and various locations throughout the City where vacant parkway were inherited from the County at incorporation (see attached map). Vineyard Avenue south of Foothill would occur with development. Grove Avenue will have to await full development of the street. • Past City Councils have expressed concern about the commulative impact of maintenance costs which accompany the improvement of various parkways. An informal policy was adopted to not improve areas off major arterials without provisions being made for annexation to the City's Landscape Maintenance District. This policy was also carried out along Nineteenth Street. . It has been staff's opinion that construction of the Haven Avenue Median Island should be coordinated with fronting land development to allow developer contribution to reduce overall City costs. Several projects along Haven Avenue are currently in process and it is expected that segments will be included in upcoming budgets. City Beautification is a unique issue in that construction funds are not a major constraint. The major issues relate to ongoing maintenance commitments and phasing in relation to development. In the cases of Foothill Blvd, and Nineteenth Street, coordination with CalTrans is also a key issue. MAJOR POLICY ISSUES In reviewing the Beautification Program, it has been the general direction of the Council; (1) to focus expenditures on major arterials; (2) to maximize developer participation in beautification and (3) to limit maintenance cost exposure by using parkway improvements as incentive to annex to the City Maintenance District. Carnelian Avenue, based on this policy, was selected for the initial project commitments. If the Council wishes to reevaluate this general policy, staff would request direction on the following: 1. Increase improvement program on problem parkways not on major streets regardless of maintenance costs. • 2. Proceed with beautification in advance of development CITY COUNCIL STAFF REPORT Review of Beautification Program November 21, 1984 • Page 3 3. Shift priority away from Carnelian Avenue to Foothill Blvd., Haven Avenue, Nineteenth Street or the portion of Base Line between Carnelian and Haven Avenues. ANALYSIS In proposing this year's budget, we were completing the general direction previously given by the Council and Commissions. Carnelian Avenue north of Nineteenth and Base Line Road west of Carnelian are designed and can be under construction in early spring. These projects are highly visible and are in areas that are fully developed and will not significantly change in the future. All other projects, because of complexity and coordination problems, will take a year or more to complete. Significant issues must be worked out with Caltrans before either Foothill Blvd. or Nineteenth Street can be improved Staff would not recommend attempting to improve parkways ahead of development because they will not likely be compatible with ultimate project designs and could suffer significant damage during construction. In the case of median islands, the cost savings of coordinating with development are significant. • Haven Avenue construction will likely be completed in the next few years. As concerns the various parkways throughout the City, as you can see on the attached chart, ongoing maintenance is a significant committment. In most cases, these improvements are of localized benefit. It would be Staff's recommendation that as the City tax base is growing, general funds available should be diverted to capital improvements in areas such as parks, civic centers and City yard facilities. As the City matures and our tax base grows, miscellaneous parkway improvements become more appropriate. RECOMENOATION It would be Staff's recommendation that Council authorize implementation of the following program: 1. Complete the Carnelian Street and Base Line Road beautification program as expeditiously as possible. Approve plans and authorize project bidding. 2. Complete Archibald Avenue Improvement in areas where development will not occur. 3. Begin major committment to Foothill Blvd. Median Island. 4. Participate with development on completion of Haven Median Island Construction as required. 1W5. Explore program completion of Base Line Road and Nineteenth Street Beautification for consideration in the 1985 -86 fiscal year. �_a CITY COUNCIL STAFF REPORT Review of Beautification Program November 21, 1984 Page 4 6. Take a go -slow approach on improvement of parkways not on major streets. Respond to citizen requests as they occur. This proposed program should see substantial progress toward completion of the major street beautification over the next five years. Priorities to a large extent become a function of constraints in scheduling, design and coordination. If the Council is not comfortable with this recommendation, you may wish to discuss an approach to a more detailed review of the program involving the Planning Commission and Citizen's Advisory Commission. Respectfully submitted, e1 Attachments C • • CARNELIAN AVENUE - BASE LINE ROAD PROJECT DESCRIPTION The Carnelian Street project extends from Banyan Street south to 19th Street, both sides of the street. Project improvements include revision of the sidewalk areas and landscaping with plant materials consistent with the landscaping efforts previously implemented south of Base Line Road. The Base Line Road project is designed to beautify the entry into Rancho Cucamonga from the City of Upland. Both sides of Base Line Road will be improved from the western boundary of the City to Carnelian Street. Improvements will include landscaping with plant materials similar to the Carnelian Street project with transition plantings areas at the Rancho Cucamonga and Upland City boundaries and where the plantings coincide the Corps of Engineers erosion control plantings along the Cucamonga Creek Channel. Also in certain areas, tree wells will be cut into sidewalk areas to provide trees within the road right -of -way. 9 CITY OF RANCHO CUCAMONGA LANDSCAPE MAINTENANCE DISTflIGT U .-- .� wi'J �.: TAI iF :J iZ I ! N_ F.a�I��UT71 Dv A c04AP{O A. ; I Jn o, SS P 9y 3 z JIII - "Y CTO - s......... � �Ao, Acu oo•deooeep 11�L °I . � b�LR^__ _ ._ 1 " fP ° 1 `■P_pdjyq- �J 1164T AL 01.1h > r-E � , NIA wA� A -- i r I ✓� LEGEND I((I PARXIN.yy, MI :IVANS,CTI- �`'I - EAISiING •uu N =1.)) YANKS j EXISTING `�•� PUTVNE I I 0 0 0 E X H 1 6 I T 8 FACILITIES COST INVENTORY CONSTRUCTION __� � MAINTENANCE Item Size Oollars Total Size Dollars Total Trail 315,888 s.f. 1.00 1s.f. 315,888 400,553 s.f. .03 /s.f. S 12,016 Parkway 1,345,683 s.f. 2.25/s.f. 3,027,786 1,912,553 s.f. .25/s. f. 478,138 Wall Inset 7,000 s.f. 2.25/s.f. 15,750 25,658 s.f. .251s.f. 6,414 Medians 876,000 s.f. 4.00 /s.f. 3,504,000 876,000 s.f• .25 /s.f. 219,000 `. 784,247 s.f. .25 /s.f. 196,061 Channels $6,863,424 $911,629 RESOLUTION A RESOLUTION OF THE RANCHO CUCAMONGA CITY COUNCIL CONDITIONALLY APPROVING TENTATIVE TRACT MAP 12726, LOCATED WEST OF BERYL AVENUE AND SOUTH OF 19TH STREET IN THE LOW MEDIUM RESIDENTIAL DEVELOPMENT DISTRICT. WHEREAS, on the 12th day of September, 1984, the Planning Commission conditionally approved Tentative Tract Map No. 12726, subject to conditions as set forth in Resolution Number 84 -97; and WHEREAS, on the 20th day of September, 1984, Mr. William B. Blanchard, a resident adjacent to the proposed Tentative Tract Map 12726, filed an appeal in accordance with the time prescribed by the Development Code; and WHEREAS, on the 7th day of November, 1984, the City Council met to review and consider the appeal pertaining to Tentative Tract Map 12726; and WHEREAS, the City Council did conditionally approve Tentative Tract Map 12726, and in so doing the City Council modified the conditions adopted by the Planning Commission through Resolution number 84 -97. NOW, THEREFORE, the Rancho Cucamonga City Council resolves as follows: SECTION 1: The City Council makes the following findings in regard to Tentative Tract No. 12726 and the Map thereof: (a) The tentative tract is consistent with the General Plan, Development Code, and specific plans; (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and specific plans; (c) The site is physically suitable for the type of development proposed; (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlike or their habitat; (e) The tentative tract is not likely to cause serious public health problems; CITY COUNCIL RESOLUTION Tentative Tract Map 12726 Page 2 (f) The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. (g) That this project will not create adverse impacts on the environment and a Negative Declaration is issued. SECTION 2: Tentative Tract Map No. 12726, a copy of which is attached hereto, is hereby approved subject to all of the following conditions and the attached Standard Conditions: PLANNING DIVISION: 1. An emergency access, intended for vehicular use only, be provided at the southwest area of the Tentative Tract connecting to Avalon Street. The width of the access easement shall be determined by the Foothill Fire District and shall be shown on the final map prior to recordation. 2. A crash gate must be provided at the connection between Avalon Street and the emergency vehicular access lane. The design of the gate shall be subject to the approval of the City Planner and the Foothill Fire District. 3. The lot eliminated by the Planning Commission, through their action of September 12, 1984, be reinstated. 4. The developer shall make a good faith effort in contacting all of the property owners abutting the west tract boundary to obtain their permission to construct a single fence on the property line. 5. A twelve (12) foot easement shall be obtained or provided which leads from this Tentative Tract 12726 at the south end through to the circulation system of the property (proposed Tentative Tract Map 12830) to the south. The easement shall be for pedestrian purposes only. The design and maintenance of the pedestrian easement shall be to the satisfation of the City Planner. CITY COUNCIL RESOLUTION Tentative Tract Map 12726 Page 3 6. The final design of Tentative Tract Map 12726 is subject to the review and approval of the Technical Review Committee. ENGINEERING DIVISION: 1. Aesthetically appropriate signing shall be installed to distinguish public from private streets at the affected intersections to the satisfaction of the City Engineer and City Planner. PASSED, APPROVED, and ADOPTED this 21st day of November, 1984. AYES: NOES: ABSENT: ATTEST: Jon D. Mike s, Mayor Beverly A. Authelet, City Clerk 11 /v /a. The following is a condensed version (by paragraph) of the Rent Stabilieation Ordinance #231 (proposed revision). 1. Intent: This paragraph states that the need for the ordinance ins low vacancy rates in mobilehame parks, excessive rent increases, a captive population in mobilehome parka and the undue hardship caused by these points. 2. Definitions: This paragraph delineates all of the principle points con- tained in the ordinance. This also clearly defines Capital Improvements. (not included in Urgency Ordinance #231). 3. Applicability: Indicates that the Crdlname is applicable to all mobilehame parks in Rancho Cucamonga and to all residents not covered by lease ar contract. 4. Reglstration: Requires that each Park Owner shall regiater the Park with the City Clark with certain rental /space data. 5. Residents Committee: Provides for the election of a Residents Committee which will meet with the Park Owners and shall amt on behalf of the residents on rent increase issues and other concerns. The formation of this committee, Its powers and duties are defined. 6. Have Rent: This defines the rent which will be considered as the base in all future rent Increase calculations. It takes in consideration the spaces rented or not rented on the base rent data and other allowances, 7. Rent Adjustment: This describe how rent Increases are calculated, how often they are allowed and when such Increases are permitted. a. one increase each 365 days Is. notice to residents 60 days prior to effective date of increase c, notice to City Clark& office of the effected spaces, amount of increase, and effective date. Maximum allowable increase is computed on 759 of the Consumer Price Index, (CPI) (the Urgeney Ordinance #231 allowed 100% CPI). Defines how the applicable CPI period Is established for each park. (not defined in Urgency Ordinance 0231) Makes provision for "no adjustment allowed" if the owner has reduced the facilities, services ar amenities. (not defined In Urgency Ordinance #231) Provides for other "pass thru" cost if approved by Rent Control Board. 8. (The following is included in Urgency Ordinance 0231, and has been referred to a Rent Review Board in the Proposed Ordinance). Additional Rent: Additional rent, above the CPI allonss will be permitted for increases In tax", levies and Amssaaments imposed by govesnmsnt entitles, and unusual repairs not covered by imnaamoe, We rated to each spans. vr♦ a yr r�r .� V vUkudv MEMORANDUM ter: 1977 DATE: November 21, 1984 TO: City CouncZ-.. FROM: Lauren M. City MemgSUBJECT: School Agr s and Central School District Ralph Lewis has signed the school agreement with the Central School District. It is significant to note that the provision requiring the City as a third party to the agreement has been eliminated. Representatives of Lewis Homes have indicated, however, they would still like to have a side agreement to cover the points which were originally raised in previous discussions at the City Council level. When we receive the revisions, we will forward them to you for your consideration. As you are aware, the City Attorney and administrative staff have recommended that the City not get involved in such an agreement. If, however, the City Council wishes to do so, we will make certain it is acceptable from a legal standpoint. LMi:baa cc: Jack Lam