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Home My WebLink About2011/02/02 - Agenda Packet~~ ~ ~A NTyC~H(~ (~UCAMONGA 10500 Civic Center Drive ~ Rancho Cucamonga, CA 91730.3801 City Office: (909) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT BOARD CITY COUNCIL REGULAR MEETINGS 1st and 3ro Wednesdays ~ 7:00 P.M. FEBRUARY 2, 2011 ORDER OF BUSINESS CLOSED SESSION REGULAR MEETING MEMBERS MAYOR MAYOR PRO TEM COUNCIL MEMBERS CITY MANAGER CITY ATTORNEY CITY CLERK Tapia Conference Room ................. 5:00 P.M. Council Chambers ........................... 7:00 P.M. L. Dennis Michael Sam Spagnolo William Alexander Chuck Buquet Diane Williams Jack Lam, AICP James L. Markman Janice C. Reynolds l ~ ,~ ~ INFORMATION FOR THE PUBLIC _ ~~~ ~~'~. .~ ~~ L~L:~A1~INlvl TO ADDRESS THE REDEVELOPMENT AGENCY. FIRE BOARD AND CITY The Agency, Fire Board and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Agency, Fire Board or City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. During "Public Communications," your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. If aspart of your presentation, you would like to display audio or visual material. please see the City Clerk before the meeting commences. If you are present to speak on an "Advertised Public Hearing" item, your name will be called when that item is being discussed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. Any handouts for the Agency, Fire Board or Ciry Council should be given to the City Clerk for distribution AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the Ciry Clerk's counter, Public Library and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Agency, Fire Board and Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings "on-demand" from their computers. The added feature of "Streaming Video On Demand" is available on the City's website at www.ci.rancho- cucamonga.ca.uslwhatsnew.htm for those with Hi-bandwidth (DSUCable Modem) or Low-bandwidth (Dial-up) Internet service. The Agency, Fire Board and City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Redevelopment Agency and the Fire District Board. Copies of the agendas and minutes can be found at http:llwww.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the Ciry Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the Ciry to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. ~~~ REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA -~ ~ ~ ~ ~<<~~ ~~~~~~~~~ FEBRUARY 2, 2011 A. 5:00 P.M. -CLOSED SESSION CALL TO ORDER - TAPIA ROOM A1. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Buquet and Williams CLOSED SESSION CALLED TO ORDER AS THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM S C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM S ~~ D. CONDUCT OF CLOSED SESSION D1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, FIRE, CITY D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND ARCHIBALD AVENUE, IDENTIFIED AS SAN BERNARDINO COUNTY PARCEL NUMBER 0208-15-305 -NEGOTIATING PARTIES: LINDA D. DANIELS, CITY MANAGER FOR ECONOMIC AND COMMUNITY DEVELOPMENT SERVICES, CITY OF RANCHO CUCAMONGA; AND BRIAN SMITH, LAMAR ADVERTISING, REGARDING TERMS OF AGREEMENT -RDA D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.9(b) FOR PROPERTY LOCATED AT THE NORTHWEST CORNER AND NORTHEAST CORNER OF HELLMAN AVENUE AND 8T" STREET, IDENTIFIED AS SAN BERNARDINO COUNTY PARCEL NUMBERS 0209-032-44 AND 0209-032-60 FOR THE HELLMAN AVENUE MASTER PLANNED STORM DRAIN AND STREET IMPROVEMENT PROJECT PHASE 2, FROM THE CUCAMONGA CREEK CHANNEL TO NORTH OF THE METROLINK RAILROAD TRACK - NEGOTIATING PARTIES: MARK STEUER, DIRECTOR OF ENGINEERING SERVICES, CITY OF RANCHO CUCAMONGA; AND MITCH ALDERMAN OF SAN BERNARDINO ASSOCIATED GOVERNMENT (SANBAG), REGARDING TERMS OF PRICE -CITY REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND 2 CITY COUNCIL AGENDA ~~~ ~~~~~~~~~ FEBRUARY 2, 2011 D4. CONFERENCE WITH LEGAL COUNSEL PER GOVERNMENT CODE SECTION 54956.9(a) REGARDING EXISTING LITIGATION (MEDIATION WITH SOUTHERN CALIFORNIA EDISON COMPANY ON MUNICIPAL DEPARTING LOAD AGREEMENT) - C1TY D5. CONFERENCE WITH LEGAL COUNSEL PER GOVERNMENT CODE SECTION 54956.9 REGARDING EXISTING LITIGATION, NELSON V. CITY OF RANCHO CUCAMONGA, SUPERIOR COURT COUNTY OF SAN BERNARDINO, RANCHO CUCAMONGA DISTRICT, CASE NO. CIVRS913680 -CITY F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. ~~~, REDEVELOPMENT AGENCY, *~~~* FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA ~~~~ ~ ~ < < ~ ,,,,~ ~ ~~ ~ ~ FEBRUARY 2, 2011 G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. THE REGULAR MEETINGS OF THE REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE AGENCY, FIRE BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tem Spagnolo Council Members Alexander, Buquet and Williams H1. "Pitcademy Awards" -Help choose the winner of the "Pitcademy Awards" and be eligible for gifts and prizes. This is the time and place for the general public to address the Redevelopment Agency, Fire Protection District and City Council on any item listed or not listed on the agenda. State law prohibits the Agency, Fire Board, or City Council from addressing any issue not previously included on the Agenda. The Agency, Fire Board, or City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Agency, Fire Board or City Council, not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. 3 `~'_~~ REDEVELOPMENT AGENCY, -~ FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA ~~ ~ ,~..,"~.N,;,, FEBRUARY 2, 2011 CONSENT CALENDARS: The following items (J. K. & L.) are expected to be routine and non-controversial. They will be acted upon by the Agency/Board/City Council at one time without discussion. Any item may be removed by an Agency/Board/Council Member for discussion. ~~ .1. CONSENT CALENDAR -REDEVELOPMENT AGENCY 4 J1. Approval of Minutes: January 12, 2011 (Special Meeting -Consensus Building -Goals Setting and Team Building) January 19, 2011 (Special Meeting -Presentations) January 19, 2011 (Regular Meeting) J2. Approval of Check Register dated January 12 through January 25, 2011, for the total amount of $964,989.34. ~ J3. Approval to release of Faithful Performance Bond No. 2081233, retained in lieu of 3 Maintenance Guarantee Bond in the amount of $126,156.00, for the Foothill Boulevard Median Lighting project, Contract No. RA09-009. K. CONSENT CALENDAR -FIRE PROTECTION DISTRICT K1. Approval of Minutes: January 12, 2011 (Special Meeting -Consensus Building -Goals Setting and Team Building) January 19, 2011 (Special Meeting -Presentations) January 19, 2011 (Regular Meeting) K2. Approval of Check Register dated January 12 through January 25, 2011, for the total 5 amount of $97,504.96. L. CONSENT CALENDAR -CITY COUNCIL L1. Approval of Minutes: January 12, 2011 (Special Meeting -Consensus Building -Goals Setting and Team Building) January 19, 2011 (Special Meeting -Presentations) January 19, 2011 (Regular Meeting) L2. Approval of Check Register dated January 12 through January 25, 2011, and payroll $ ending January 25, 2011, for the total amount of $3,394,259.19. REDEVELOPMENT AGENCY, - FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA ~~~~ ~ ~-••,,,,~~., FEBRUARY 2, 2011 L3. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2010/2011 Local Street Pavement Rehabilitation -Overlay of Various Streets, to be funded from Prop. 1 B, Account No. 11943035650/1022194-0 and Prop 42 Traffic Relief Fund, Account No. 11903035650/1022190-0 for construction of said project. RESOLUTION NO. 11-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2010/11 LOCAL STREET PAVEMENT REHABILITATION -OVERLAY OF VARIOUS STREETS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L4. Approval to authorize the advertising of the "Notice Inviting Bids" for the FY 2010/2011 Local Street Pavement Rehabilitation (Slurry Seal) at Various Locations and Parking Lot Resurfacing (Seal Coat) at Civic Center north lot, to be funded from Prop 42 Traffic Relief Fund, Account No. 11903035650/1022190-0 for construction of said project. RESOLUTION NO. 11-015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2010/2011 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AT VARIOUS LOCATIONS AND PARKING LOT RESURFACING (SEAL COAT) AT CIVIC CENTER NORTH LOT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS L5. Approval to accept and allocate $10,000 Grant awarded by the California State Library into Library Revenue Account No. 1291000-474010-3713 and appropriate $10,000 into Expenditure Account No. 1291602-5300/0-3713 for "Live and Learn: A Planning Grant." L6. Approval to award the purchase of three (3) Dell Equallogic Storage Area Networks and Maintenance to a lowest, most responsive, responsible vendor to be determined pending completion of a bid in process, in an amount not to exceed $153,085, to be funded as follows: $152,900 from Account 1714001-5605 (Capital Outlay-Computer Equipment) and $185 from Account 1714001-5300 (Contract Services). L7. Approval of a Resolution committing the City to a minimum 10% local match of total construction costs as required to apply for a State Bicycle Transportation account grant to fund construction of the Pacific Electric Trail/Day Creek Channel Trail Connection project. RESOLUTION NO. 11-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COMMITTING THE CITY TO A MINIMUM 10% LOCAL MATCH OF TOTAL CONSTRUCTION COST FOR THE PACIFIC ELECTRIC TRAIUDAY CREEK CHANNEL TRAIL CONNECTION PROJECT 5 48 50 54 56 60 63 64 66 I REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA FEBRUARY 2, 2011 L8. Approval of a Master Plan Transportation Facility Reimbursement Agreement (SRA-058) - (CO 11-005) for construction of street improvements on the north side of Victoria Street east of Etiwanda High School for DRC2003-00047, submitted by BVMD, Inc. RESOLUTION NO. 11-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN FACILITY REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF STREET IMPROVEMENTS ON THE NORTH SIDE OF VICTORIA STREET EAST OF ETIWANDA HIGH SCHOOL (SRA-058) L9. Approval to grant the authority for the Planning Director to enter into Purchase and Sale Agreements -Neighborhood Stabilization Program (NSP) Property Sale - DRC2011-00035 - for the sale of properties acquired under the NSP Acquisition/Rehabilitation and Resale activity to income eligible households in the Low, Moderate, Middle Income (LMMI) category consistent with the U.S. Department of Housing and Urban Development NSP guidelines. L10. Approval of the sale of 8722'/ Pinecrest Place -Neighborhood Stabilization Program (NSP) Property Sale - DRC2010-00707T - acquired under the NSP Acquisition/Rehabilitation and Reuse activity for occupancy by income eligible households in the Low Income (LH25) category consistent with the U.S. Department of Housing and Urban Development NSP guidelines. L11. Approval of the sale of 9686 Northampton Drive -Neighborhood Stabilization Program (NSP) Property Sale - DRC2010-00704T - acquired under the NSP Acquisition/Rehabilitation and Reuse activity for occupancy by income eligible households in the Low Income (LH25) category consistent with the U.S. Department of Housing and Urban Development NSP guidelines. L12. Approval of a Reimbursement Agreement (URA-28) - (CO 11-006) for Undergrounding of Existing Overhead Utilities for Parcel Map 17594, located on the east side of Rochester Avenue, south and north of Foothill Boulevard, submitted by F & F, LLC, and appropriate $52,420.00 to Account No. 1129303-5650/1026129-0 from Underground Utilities Fund balance. RESOLUTION NO. 11-018 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES, LOCATED ON THE EAST SIDE OF ROCHESTER AVENUE, SOUTH AND NORTH OF FOOTHILL BOULEVARD L13. Approval to release Faithful Performance Bond No. 12063534, retained in lieu of Maintenance Guarantee Bond in the amount of $392,772.80, for the Etiwanda Avenue and Rochester Avenue Pavement Rehabilitation from Arrow Route to Foothill Boulevard, Contract No. 09-028. 6 67 69 70 107 166 229 231 232 REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA FEBRUARY 2, 2011 7 L14. Approval to release Faithful Performance Bond No. 82165735, retained in lieu of 234 Maintenance Guarantee Bond in the amount of $856,375.00, for the Foothill Boulevard Traffic Signal Controller Replacement Project, Contract No. 09-139. M. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. M1. APPROVAL OF A "PERMIT PARKING DISTRICT" FOR THE RESIDENTI AL AREA IDENTIFIED AS "APPLE LANE, BEECHWOOD DRIVE, VALINDA AVENU E, DATE 236 AVENUE, AND BONITA AVENUE" GENERALLY LOCATED NORTH OF WILSON AVENUE AND EAST OF HAVEN AVENUE RESOLUTION NO. 11-019 239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A PERMIT PARKING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 10.50 OF THE RANCHO CUCAMONGA MUNICIPAL CODE M2. ADOPTION OF A RESOLUTION OPPOSING GOVERNOR BROWN'S BUDGET 245 PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES RESOLUTION NO. 11-020 247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN OPPOSITION TO THE ADMINISTRATION'S PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN CALIFORNIA M3. APPROVAL OF THE SOURCES OF PAYMENT AND NECESSARY BUDGET 249 APPROPRIATION FOR THE RANCHO CUCAMONGA REDEVELOPMENT A GENCY'S SHARE OF THE STATE BUDGET DEFICIT REDUCTION (SUPPLE MENTAL EDUCATIONAL REVENUE AUGMENTATION FUND) FOR FISCAL YEAR 2010/2011 (FUND 2500801-5519 TO PAY $5,944,060; AND FUND 2505801-5519 TO PAY $660,451) TOTALING $6,604,511 M4. ADOPTION OF 2011 LEGISLATIVE PRIORITIES 251 M5. MID-YEAR BUDGET UPDATE 261 ~~~ REDEVELOPMENT AGENCY, FIRE PROTECTION DISTRICT AND CITY COUNCIL AGENDA ~~~ ~ ~~ ~ ~ ~•~~~~~~.~ FEBRUARY 2, 2011 N. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. N1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) N2. REVIEW OF APPOINTMENTS TO STANDING COMMITTEES AND OTHER GOVERNMENTAL AGENCIES N3. LEGISLATIVE AND REGIONAL UPDATES (Oral) O. IDENTIFICATION OF ITEMS FOR NEXT MEETING P. ADJOURNMENT I, Debra L. McKay, Assistant City ClerklRecords Manager, of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on January 27, 2011, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. 8 265 January 19, 2011 RANCHO CUCAMONGA REDEVELOPMENT AGENCY, FIRE DISTRICT AND CITY COUNCIL .CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga Redevelopment Agency, Fire Protection District and City Council held a closed session on Wednesday, January 19, 2011, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Chairman/PresidenUMayor L. Dennis Michael. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Sam Spagnolo and Chairman/PresidenUMayor L. Dennis Michael. Also present were: Jack Lam, City Manager; John Gillison, Assistant City Manager; and James Markman, City Attorney. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Chairman/PresidenUMayor L. Dennis Michael announced the closed session items: D1. LABOR NEGOTIATIONS PER GOVERNMENT CODE SECTION 54954.2 TO GIVE JOHN GILLISON, ASSISTANT CITY MANAGER, DIRECTION IN REGARDS TO THE MEET AND CONFER PROCESS -RDA, FIRE, CITY D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT THE NORTH WEST CORNER OF FOOTHILL BOULEVARD AND ARCHIBALD AVENUE COMMONLY KNOWN AS APN 208-15-305. C. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:00 p.m. E. CITY MANAGER ANNOUNCEMENTS No announcements were made. F. RECESS The closed session recessed at 5:20 p.m. with no action taken. Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 1 of 12 G. SPECIAL MEETING CALL TO ORDER - S:3O P.M. COUNCIL CHAMBERS The Rancho Cucamonga City Council held a special meeting on Wednesday, January 19, 2011, in the City Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Chairman/President/Mayor L. Dennis Michael. Present were Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Sam Spagnolo and Chairman/President/Mayor L. Dennis Michael. Also present were: Jack Lam, City Manager; Trang Huynh, Building and Safety Services Director; Kevin McArdle, Community Services Director; Debra McKay, Records Manager/Assistant City Clerk; Kathy Scott, Assistant City Clerk and Shirr'I Griffin, Deputy City Clerk. H. ITEMS OF BUSINESS H1. Recognition of Pop Warner Football Jr. Pee Wee Wildcats for winning the Mt. Baldy Division 2 Conference Championship. H2. Recognition of Pop Warner Football Pee Wee Wolverines for winning the Mt. Baldy Division II (2) Conference Championship. H3. Recognition of Pop Warner Football Midget Panthers for winning the Mt. Baldy Division II (2) Conference Championship. H4. Recognition of Pop Warner Football Panther Cheer Squad Cheerleaders for placing Second in the Mt. Baldy Division II (2) Conference. H5. Recognition of Jr. All American Football Alta Loma Warriors Midgets for winning the Southern California Conference Championship. H6. Recognition of Alta Loma Junior High School for receiving its 10'" State Fitness Championship. Mayor Michael and the City Council presented certificates of recognition to these teams for their achievements. I. RECESS THE REGULAR CITY COUNCIL MEETING WILL CONVENE AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. The meeting recessed at 6:24 p.m. Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 2 of 12 J. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meeting of the Rancho Cucamonga Redevelopment Agency, Fire Protection District, and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Chairman/PresidenVMayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Agency Members/Board Members/Council Members: Bill Alexander, Chuck Buquet, Diane Williams, Sam Spagnolo and Chairman/President/Mayor L. Dennis Michael. Also present were: Jack Lam, City Manager; James Markman, City Attorney; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager; Bill Wittkopf, Public Works Director; Mark Steuer, Engineering Director; Trang Huynh, Building and Safety Services Director; James Troyer, Planning Director; Robert Karatsu, Library Director; Kevin McArdle, Community Services Director; Mike Bell, Fire Chief; Jim Frost, City Treasurer; Debra McKay, Records Manager/Assistant City Clerk and Kathy Scott, Assistant City Clerk. K. ANNOUNCEMENTS/PRESENTATIONS K1. Annual Report on Healthy RC Sustainability Program Fabian Villenas, Principal Management Analyst, presented information on the Healthy RC Sustainability Program. K2. Proclamation to Outgoing Friends of the Library President, Faith Collari. Mayor L. Dennis Michael presented a proclamation to Faith Collari and congratulated her on her achievements. L. PUBLIC COMMUNICATIONS L1. Gordon Barnard expressed concerns with the programs and activities at the senior center. He noted that he was a past member of the Senior Advisory Committee and indicated that many people are not serving or have chosen not to re-apply. Mr. Bernard indicated that fees are required for table tennis while anyone can come in for free to use the pool room. He also expressed a concern with the Wellness badge. L2. Race Gentry shared that his four year old daughter, Lauren, is in need of a heart transplant. He noted that Organ Donor Awareness Month is approaching and spoke of the importance of donating organs to those in need. L3. John Lyons indicated that he attended the Mayor's State of the City Address and enjoyed the program. He addressed Item 09 (setting a hearing for refuse collection services) and hoped that the senior rate would be maintained. L4. Janet Walton offered a prayer to the City Council and the audience. L5. Dianna Lee invited the audience to Countywide Vision Survey on January 25, 2011. Also, she reported that Supervisor Janice Rutherford will be sponsoring a Walk the Pacific Trail event on February 5, 2011. Mrs. Lee also addressed the upcoming fundraising events for the Freedom Courtyard. Further information can be found at www.CityOfRC.uslFreedom. Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 3 of 12 L6. Jim Frost spoke about his attendance at the funeral services for nine veterans. He reported that half of the residents of this community earn half of the average income. L7. Ed Dietl spoke about the need for historic preservation and showed various photographs of the historic gas station on Foothill Boulevard. After the recent heavy rains, several walls in the back structure have fallen. Mr. Dietl requested the City Council's support in preserving the City's history. L8. Jim Moffatt addressed the need for a job creation plan. CONSENT CALENDARS: The following items (M. N. 8 O.) are expected to be routine and non-controversial. They will be acted upon by the Agency/Board/City Council at one time without discussion. Any item may be removed by an Agency/Board/Council Member for discussion. M. CONSENT CALENDAR-REDEVELOPMENT AGENCY M1. Approval of Minutes: June 10, 2010 (Special Budget Meeting) December 15, 2010 (Regular Meeting) M2. Approval of Check Register dated December 8, 2010, through January 11, 2011, for the total amount of $2,158,680.31. M3. Approve to receive and file current Investment Schedule as of December 31, 2010. M4. Approval of plans and specifications for "Storm Drain Lift Station Maintenance" and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from Account Numbers 1122303-5650/1778122-0 (South Etiwanda Drainage) and 2660801-5607 (2004 Tax Allocation Bonds) as approved in the FY 2010/2011 budget. RESOLUTION NO. RA 11-001 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "STORM DRAIN LIFT STATION MAINTENANCE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS MOTION: Moved by Spagnolo, seconded by Alexander, to approve the staff recommendations in the staff reports. Motion carried 5-0. N. CONSENT CALENDAR -FIRE PROTECTION DISTRICT N1. Approval of Minutes: June 10, 2010 (Special Budget Meeting) December 15, 2010 (Regular Meeting) N2. Approval of Check Register dated December 8, 2010, through January 11, 2011, for the total amount of $482,552.15. N3. Approval to receive and fle current Investment Schedule as of December 31, 2010. Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 4 of 12 N4. Approval of an Annexation Map showing Assessor Parcel Number 1077-011-45 (Taco Bell), located on the southeast corner of Base Line Road and Archibald Avenue, proposed to be annexed into CFD No. 85-1. RESOLUTION NO. FD 11-001 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 11-1) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 N5. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 11-1 (APN: 1077-011-45, Taco Bell), into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 11-002 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 11-1) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 N8. Approval of an Annexation Map showing Assessor Parcel Number 1074-491-28, (Michael & Christina Shelton, Owners), located on the east side of Canistel Avenue, south of Deer Canyon Drive (5421 Canistel Avenue), to be annexed into Community Facilities District (CFD) 88-1. RESOLUTION NO. FD 11-003 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 88-11-1) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 88-1 N7. Approval to adopt a Resolution of Intention to Annex Territory referred to as Annexation No. 88-11-1 (APN: 1074-491-28, (Michael & Christina Shelton, Owners), into Community Facilities District No. 88-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 5 of 12 RESOLUTION NO. FD 11-004 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 88-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 88-11-1) TO COMMUNITY FACILITIES DISTRICT NO. 88-1 MOTION: Moved by Spagnolo, seconded by Buquet, to approve the staff recommendations in the staff reports. Motion carried 5-0. O. CONSENT CALENDAR -CITY COUNCIL 01. Approval of Minutes: June 10, 2010 (Special Budget Meeting) December 15, 2010 (Regular Meeting) 02. Approval of Check Register dated December 8, 2010, through January 11, 2011, and payroll ending January 11, 2011, for the total amount of $8,582,106.15. 03. Approval to receive and file current Investment Schedule as of December 31, 2010. 04. Approval of plans and specifications for "Storm Drain Lift Station Maintenance" and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from Account Numbers 1 1 22 30 3-56 5 0/1 7 781 2 2-0 (South Etiwanda Drainage) and 2660801-5607 (2004 Tax Allocation Bonds) as approved in the FY 2010/2011 budget. RESOLUTION NO. 11-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "STORM DRAIN LIFT STATION MAINTENANCE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 05. Approval of plans and specifcations for "Illuminated Street Name Sign Replacement, Phase 2" and authorize the City Clerk to advertise the "Notice Inviting Bids" to be funded from Account Number 1170303-5300 (Gas Tax) as approved in the FY 2010/2011 Budget. RESOLUTION NO. 11-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "ILLUMINATED STREET NAME SIGN REPLACEMENT, PHASE 2" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 06. Approval of specifications for "Ridgecrest Fencing Project" and authorize the City Clerk to advertise the "Notice Inviting Bids," to be funded from Account Number 1838203-5300 (AD 91-2 Redemption-Day Canyon). Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 6 of 12 RESOLUTION NO. 11-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR "RIDGECREST FENCING PROJECT" AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 07. Approval to appropriate $11,420.00 out of State Asset Seizure Fund Balance into Account Number 1195701-5603 to purchase traffic collision equipment. 08. Approval of a resolution to apply for funding in the amount of $35,187 from the Urban Forestry Grant Program entitled "An Urban Forest for Every City," as provided through Propositions 40 and 84 as well as authorization for the Public Works Services Director to execute all necessary agreements to implement and carry out the purposes of the awards. RESOLUTION NO. 11-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FOR FUNDING FROM THE URBAN FORESTRY GRANT PROGRAM ENTITLED, "AN URBAN FOREST FOR EVERY CITY," AS PROVIDED THROUGH PROPOSITIONS 40 AND 84 09. Approval to set a public hearing for an Ordinance establishing requirements for mandatory payment for residential, commercial and industrial refuse collection services, including exemptions, and amending Title 8 of the Rancho Cucamonga Municipal Code. 010. Receive Community Services Update Report. 011. Approval of an extension of Contract Number 09-251 to Konica Minolta Business Solutions, Inc., through the remainder of FY 2010/11, for copier services and supplies in the amount of $27,500, thereby increasing the contract amount from $47,800 to $75,300. 012. Approval of Parcel Map 17998 and ordering the annexation to Landscape Maintenance District No. 3B and Street Light Maintenance District Nos. 1 and 6, located on the south side of Eighth Street between Belmont Avenue and Cottage Avenue, submitted by Bailey Financial, LLC. RESOLUTION NO. 11-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. PM 17998 RESOLUTION NO. 11-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 36 (COMMERCIAL INDUSTRIAL MAINTENANCE DISTRICT) FOR PARCEL MAP 17998 RESOLUTION NO. 11-007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS) FOR PARCEL MAP 17998 Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 7 of 12 RESOLUTION NO. 11-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO STREET LIGHT MAINTENANCE DISTRICT NO. 6 (COMMERCIAL/INDUSTRIAL) FOR PARCEL MAP 17998 013. Approval to accept the bids received and award and authorize the execution of the contract in the amount of $224,115.34, to the lowest responsive bidder, Rancho Pacific Engineering, Inc. (CO 11-003) and authorize the expenditure of a 10% contingency in the amount of $22,411.53 for the Hermosa Avenue Community Trail and Parkway Landscape from Lemon Avenue to 200' north of Manzanita Drive and Trail Fencing on Archibald Avenue, to be funded from Beautifcation Funds, Account Numbers 1110316-5650/1755110-0 and 1110316-5650/ 1757110-0. 014. Approval to accept a bond reduction rider for Tract 17919 located at the northwest corner of East Avenue and Miller Avenue, submitted by Crestwood Corporation. 015. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for DRC2006-00540 located at 13247 Foothill Boulevard, submitted by San Sevaine Villas, LP. RESOLUTION NO. 11-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2006-00540 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 016. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 18710 located on the north side of Church Street, east of Milliken Avenue, submitted by Homecoming I at Terra Vista, LLC. RESOLUTION NO. 11-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 18710 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 017. Approval to release Maintenance Guarantee Bond for Tract 15982 located on the northeast corner of Day Creek Boulevard and Wilson Avenue, submitted by KB Home Greater Los Angeles. 018. Approval to release Maintenance Guarantee Cash Deposit for Tract 16908 located on the north side of Arrow Route, west of Baker, submitted by SUP 41, LLC. 019. Approval to release Faithful Pertormance bond retained in lieu of a Maintenance Guarantee Bond for DRC2004-01290 located on the north side of Arrow Route between I-15 and Etiwanda Avenue, submitted by Heffler Holdings, LLC. 020. Approval to release Faithful Performance Bond No. BEC30013, retained in lieu of Maintenance Guarantee Bond, in the amount of $78,794.51 for the Valle Vista Drive Sidewalks adjacent to Valle Vista Elementary School, Contract No. 09-029. 021. Approval to release Faithful Pertormance Bond No. 0495244, retained in lieu of Maintenance Guarantee Bond, in the amount of $152,353.18 for the Banyan Community Trail and Parkway Landscape from Hellman to Amethyst, Contract No. 09-198. Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 8 of 12 022. Approval to release Faithful Performance Bond No. 08950428, retained in lieu of Maintenance Guarantee Bond, in the amount of $304,632.50 for the Vineyard Avenue Pavement Rehabilitation from 8'" Street to Foothill Boulevard, Contract No. 09-234. MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. P. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non-controversial. The Agency, Fire Board, or Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by an Agency Member, Board Member, or Council Member. P1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 12.04 OF TITLE 12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR THE ESTABLISHMENT OF LEASH-OPTIONAL AREAS IN PUBLIC PARKS AND ADOPTING REGULATIONS APPLICABLE THERETO MOTION: Moved by Alexander, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 5-0. Q. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. 01. THIS ITEM (Q1) IS BEING BROUGHT BEFORE THE CITY COUNCIL IN ACCORDANCE WITH CITY COUNCIL ORDINANCE NO. 433. THE ORDINANCE REQUIRES THAT CHANGES IN PROJECT DENSITY FOR SITES LOCATED WITHIN THE TERRA VISTA COMMUNITY PLAN BE APPROVED BY THE CITY COUNCIL. IN THIS CASE, THE APPLICANT IS REQUESTING TO REDUCE THE PROJECT DENSITY FROM RESIDENTIAL HIGH (H) (24-31 DWELLING UNITS PER ACRE) TO RESIDENTIAL MEDIUM HIGH (MH) (14-24 DWELLING UNITS PER ACRE). COMMUNITIES - A request to review plans for amulti-family housing development consisting of 192 units on 11.15 acres of land within the Residential High (H) Development District (24-31 dwelling units per acre) of the Terra Vista Community Plan, located between Church Street and Town Center Drive and between Elm Avenue and Spruce Avenue - APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of Environmental Impacts for consideration. Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 9 of 12 ORDINANCE NO. 837 (second reading) ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT18782 - LEWIS APARTMENT COMMUNITIES - A request to create a Tract Map for condominium purposes fora 11.15 acre site within the High (H) (24-31 dwelling units per acre) Development District of the Terra Vista Community Plan, located between Church Street and Town Center Drive and between Elm Avenue and Spruce Avenue -APN: 1077-422-21, 22 and 25. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RESOLUTION NO. 11-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2010-00361 - A REVIEW OF PLANS FOR A MULTI-FAMILY HOUSING DEVELOPMENT CONSISTING OF 192 UNITS ON 11.15 ACRES OF LAND WITHIN THE RESIDENTIAL HIGH (H) DEVELOPMENT DISTRICT (24-31 DWELLING UNITS PER ACRE) OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN ELM AVENUE, SPRUCE AVENUE, AND TOWN CENTER DRIVE; AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1077-422-21, 22, AND 25 RESOLUTION NO. 11-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT SUBTT18782 - A REQUEST TO CREATE A TRACT MAP FOR CONDOMINIUM PURPOSES FOR AN 11.15-ACRE SITE WITHIN THE HIGH RESIDENTIAL (H) (24-31 D/U PER ACRE) DEVELOPMENT DISTRICT OF THE TERRA VISTA COMMUNITY PLAN, LOCATED ON THE SOUTH SIDE OF CHURCH STREET BETWEEN ELM AVENUE, SPRUCE AVENUE, AND TOWN CENTER DRIVE AND MAKING FINDINGS IN SUPPORT THEREOF -APN: 1077-422-21, 22 AND 25. Tabe Van der Zwaag, Associate Planner, presented the staff report In response to Council Member Williams, Mr. Van der Zwaag addressed the parking requirements, noting that this project is 7% over the minimum requirement. Council Member Alexander noted that the City's regulations for parking requirements are a concern and should be referred back to the Planning Commission so that the development code can be changed. Mayor Michael noted that there is a goal to update the regulations in the development code this year and indicated that this topic could be reviewed at that time. John Young with Lewis Operating Company made a presentation on the project. In response to Mayor Pro Tem Spagnolo, Mr. Young addressed the various sustainable features in the project. He also discussed the accommodation of alternate fuel vehicles by placing an outlet in every garage. Council Member Williams supported the project's connectivity to the trail system. In response to Council Member Williams, Mr. Young stated that they are looking at bike storage and possibly checking out bikes. In response to Council Member Buquet, Mr. Young confrmed that four bedroom units would be provided in 25% of the project. Discussion was held regarding parking needs. Council Member Buquet noted that 427 spaces are required and that 432 spaces are being provided. As on-street parking is not allowed, Council Member Buquet noted that the project will need to accommodate everyone on-site. Mayor Michael opened the public hearing Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 10 of 12 John Lyons complimented Lewis Homes for their well-planned communities. He requested that the apartments be designed so that they can be converted to condominiums at a later date, if desired. Mayor Michael closed the public hearing. MOTION: Moved by Buquet, seconded by Williams, to adopt Resolution Numbers 11-011 and 11- 012. Motion carried 5-0. Q2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ELECTRIC RATES, FEES AND CHARGES PURSUANT TO THE REQUIREMENTS AND AUTHORITY OF CHAPTER 3.46 OF TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE Joshua Torres, Management Aid, presented the staff report. Mayor Michael opened the public hearing. With no-one wishing to speak, Mayor Michael closed the public hearing. MOTION: Moved by Williams, seconded by Spagnolo, to adopt Resolution Numbers 11-013. Motion carried 5-0. ~~ R. CITY MANAGER'S STAFF REPORTS ~~ The following items have no legal publication or posting requirements. R1 R2. APPROVAL TO ACCEPT AND ALLOCATE $75000 GRANT AWARDED BY THE Robert Karatsu, Library Services Director, Michelle Perera, Assistant Library Director and Candyce Burnett, Senior Planner, presented the staff reports on R1 and R2. MOTION: Moved by Alexander, seconded by Spagnolo, to approve the recommendations in the staff reports. Motion carried 5-0. S. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 11 of 12 RESOLUTION NO. 11-013 APPROVAL TO ACCEPT AND ALLOCATE $100000 GRANT AWARDED BY THE INTO EXPENDITURE ACCOUNT 1291602-5300/0-3711 FOR "LOCAL HISTORY 2.0: PORTAL TO THE PAST" PROJECT S1. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) Council Member Alexander offered his prayers to Lauren Hope Gentry. Council Member Williams reported on a Metrolink project to automatically stop a train when the conductor becomes incapacitated. She noted that Parsens Engineering was awarded a research and development contract to develop this technology and reported that they have chosen to locate in Rancho Cucamonga. Council Member Buquet requested that staff contact Mr. Dietl to update him on the City's efforts regarding the gas station. Mayor Pro Tem Spagnolo noted the need for all of us to be thankful of the many blessings that we have and to pray for the Gentry family. Mayor Michael appreciated the opportunity earlier tonight to present certificates to the various youth sports teams. He commended the families involved in these outstanding programs. T. IDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified. U. ADJOURNMENT Mayor Michael adjourned the meeting at 9:00 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: ""' Redevelopment Agency, Fire Protection District, City Council Minutes January 19, 2011 -Page 12 of 12 January 12, 2011 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES FIRE PROTECTION DISTRICT MINUTES REDEVELOPMENT AGENCY MINUTES SPECIAL MEETING A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council, Fire Protection District and Redevelopment Agency was held on Wednesday, January 12, 2011, in Celebration Hall (South) at the Rancho Cucamonga Cultural Center located at 12505 Cultural Center Drive, Rancho Cucamonga, California. Mayor/Chairman/President L. Dennis Michael called the meeting to order at 9:00 a.m. Present were Council Members/Board Members/Agency Members: Bill Alexander, Chuck Buquet, Mayor Pro Tem/Vice ChairmanNice President Sam Spagnolo and Mayor/PresidenUChairman L. Dennis Michael. Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Assistant City Manager, Linda Daniels, Deputy City Manager and Debra L. McKay, Assistant City Clerk/Records Manager. The meeting was facilitated by Dr. Bill Mathis B. PUBLIC COMMUNICATIONS B1. John Lyons spoke about the traffic on the Foothill corridor leading to Victoria Gardens, which also impacts Church Street. He suggested that efforts should be made to keep this corridor open so that shoppers can easily frequent the businesses along this corridor. C. ITEMS OF BUSINESS C1. DISCUSSION AND CONSIDERATION OF CONSENSUS BUILDING (g:00 a.m. to 12:00 noon) Dr. Bill Mathis Facilitator Dr. Bill Mathis, Facilitator, led the discussion on strengthening team relations and consensus building. Recess: The meeting recessed at 11:10 a.m. to reconfigure the room. Reconvene: The meeting reconvened at 11:30 a.m. Special City Council /Fire Board /Redevelopment Agency Meeting Consensus Building -Goals Setting and Team Building -January 12, 2011 Page 1 of 4 Present were Council Members/Board Members/Agency Members: Bill Alexander, Chuck Buquet, Mayor Pro Tem/Vice ChairmanNice President Sam Spagnolo and Mayor/PresidenUChairman L. Dennis Michael. Also present were: Jack Lam, City Manager; Jim Markman, City Attorney; John Gillison, Assistant City Manager; Linda Daniels, Deputy City Manager; James Troyer, Planning Director; Kevin McArdle, Community Services Director; Mike Bell Fire Chief; Robert Karatsu, Library Director; Mark Steuer, Director Engineering Services/City Engineer; Acting Chief Glenn Grabiec, Rancho Cucamonga Police Department; Trang Huynh, Building and Safety Service Director; Bill Wittkopf, Public Works Services Director; Joe Pulcinella, Animal Services Director; Tamara Lane, Finance Director; Fabian Villenas, Principal Management Analyst; Erika Lewis-Huntley, Management Analyst II and Debra McKay, Records Manager/Assistant City Clerk. Dr. Bill Mathis, Facilitator, continued the discussion major areas for 2011 Recess: The meeting recessed at 1:10 p.m. Reconvene: The meeting reconvened at 1:20 p.m C2. DISCUSSION AND CONSIDERATION OF CITY COUNCIL 2011 GOALS (1:00 p.m. to 5:00 p.m.)-Dr. Bill Mathis. Facilitator Dr. Bill Mathis, Facilitator, led the discussion. John Gillison, Administrative Services Director, highlighted the Department's 2010 goals and reviewed the 2011 goals with the City Council. He addressed goals that were completed and reviewed ongoing tasks. Mr. Gillison noted that the meet and confer process with employee bargaining groups to update the City's Personnel Rules and Regulations will start in December. Also, he hoped to complete the Virtual Desktop Infrastructure Project by that time. Lastly, Mr. Gillison reported on the need to replace the City's telephone infrastructure. Joe Pulcinella, Animal Services Director, addressed the goals that were completed and ongoing in the Animal Services Department. He addressed the 2011 goals with the City Council, including working with Best Friends Animal Sanctuary to create programs regarding pit bull temperament and care and to promote adoptions. Trang Huynh, Building and Safety Services Director commented on the finished 2010 goals and the Department's ongoing tasks. Regarding 2011 goals, Mr. Huynh indicated the need to study building permit activity in order to achieve the maximum feasible cost recovery. Also, he noted the need to streamline the permit process for residential CNG fueling stations and electric vehicle charging stations. Mayor Michael noted the need to advertise to the community the permit requirements for CNG vehicles. Kevin McArdle, Community Services Director, discussed the Department's 2010 goals and reviewed ongoing tasks. He outlined the 2011 goals with the City Council, including completing the construction drawings for Southwest Park and for the Freedom Courtyard and installing a video signage board Imagination Courtyard. In response to Mayor Pro Tem Spagnolo, Mr. McArdle confirmed that the billboard at Foothill and Archibald could be used to market the Freedom Courtyard. Also, he indicated to Mayor Michael that the Freedom Courtyard brochure listing the donation levels was being created. Special City Council /Fire Board /Redevelopment Agency Meeting Consensus Building -Goals Setting and Team Building -January 12, 2011 Page 2 of 4 The Community Services Director addressed the cancellation of last year's 4~" of July program. He noted that there was a strong interest in developing a cost neutral program this year. Mr. McArdle noted the goal to evaluate the operations at the Epicenter Stadium and to negotiate joint use agreements with the elementary school districts. In closing, he indicated that senior programs have been expanded. The City Council requested a copy of the senior program information. Debra McKay, Assistant City Clerk/Records Manager, indicated that the Department supported several of the 2010 goals (namely the new City Internet site and the CRM program). The Department successfully completed the 2010 election and she reported on various cost saving measures that have been occurring. In 2011, Mrs. McKay noted that the Department would continue to evaluate programs and tasks to ensure that they are efficient and cost effective. John Gillison, Deputy City Manager, reported on the completion of 2010 goals and the Department's ongoing tasks and goals for 2011. He noted the need to develop a Green Business Recognition Program by September 2011. Also, Mr. Gillison spoke about implementing aSmoke-Free Recognition Program by May, 2011. Mark Steuer, Engineering Services Director, reported on the finished 2010 goals and the ongoing work of the Department. He highlighted each of the 2011 goals, including completing a solar photovoltaic feasibility study for solar power suitability and roof space availability, reporting on the feasibility of renewable energy sources by November 2011 and awarding the construction on the East Avenue Storm Drain Project by June, 2011. Mr. Steuer also reported on the goal to present afive-year master drainage capital improvement priority list by June, 2011 and to complete the construction drawings for the retrofit of the Haven Avenue median islands between 4~" Street and Base Line Road by June, 2012. Fire Chief Mike Bell highlighted the Department's 2010 goals and reviewed the 2011 goals with the City Council. The City Council Members requested that the date of the CERT graduation ceremony be provided. Chief Bell noted the goal to complete the construction drawings for a Jersey Station training facility by June 2012 and for an apparatus bay expansion at the Banyan Station by June 2012. Also, Chief Bell addressed the need to develop a restaurant and cafe inspection program by June 2011 and the goal to acquire additional drinking water and emergency supplies for use at City facilities by June, 2011. In response to the City Council, Chief Bell indicated that he would provide early notice to the affected businesses about the new inspection program. Robert Karatsu, Library Director, addressed the goals that were completed and ongoing in the Library. He addressed the 2011 goals with the City Council, including applying for a grant from the Institute of Museums and Library Services to cover the design and architectural services for the second floor of the Biane Library. James Troyer, Planning Director, commented on the finished 2010 goals and the Department's ongoing tasks. Regarding 2011 goals, Mr. Troyer indicated the need to complete a comprehensive update of the Development Code by December, 2013. Also, he noted the goal to present proposed development incentives to encourage private development to achieve energy and resource efficiency. Mayor Michael requested additional information on the Historic Preservation Commission, specifically on whether an independent Commission would be able to obtain additional grant funding. .Acting Chief Glenn Grabiec updated the City Council Members on the progress of the 2010 goals. He also introduced the 2010 goals for discussion, including implementing the Tactical Emergency Response Mapping Program by June 2012 and developing a pilot video surveillance system program by June 2011. Bill Wittkopf, Public Works Services Director, reviewed the work done in the Department in 2010 and discussed the 2011 goals. In response to Mayor Michael, Mr. Steuer indicated that a map of projects would be provided to the City Council. Special City Council /Fire Board /Redevelopment Agency Meeting Consensus Building -Goals Setting and Team Building -January 12, 2011 Page 3 of 4 Linda Daniels, Deputy City Manager, discussed the 2010 Redevelopment goals and the work planned in 2011. The City Council thanked all Departments for their hard work during these economic times. Discussion was held regarding the four over-reaching goals: Public Safety, Parks and Recreation Development, Enhancing Premier Community Status and Mid to Long Range Planning. At the conclusion of the discussion, Mayor Michael noted the need to set up workshops to further discuss the policies of the Animal Care and Services Center, a Capital Improvement Program for the parks system and the phasing of Central Park. D. ADJOURNMENT The meeting adjourned at 5:12 p.m. Respectfully submitted, Debra L. McKay, MMC Assistant City Clerk/Records Manager Approved: """" Special City Council /Fire Board /Redevelopment Agency Meeting Consensus Building -Goals Setting and Team Building -January 12, 2011 Page 4 of 4 RANCHO CUCAMONGA REDEVELOPMENT AGENCY P -1 Agenda Check Re_ister 1/12/2011 through 1/25/2011 Check iVo. Check Date Vendor Name Amoun[ AP-00305513 1/12/2011 AECOM 13,443.39 AP-00305513 1/12!2011 AECOM 16,406.03 AP-00305517 //]2/2011 ALLSTATESERVICES 10,651.00 AP-00305541 (/]2/2011 BUSINESSXPANSIONJOURNAL 2,600.00 AP - 00305561 1/12/2011 COMMERCIAL DOOR COMPANY INC 437.69 AP - 00305568 1 /l2/2011 COSTAR REALTY INFORMATION INC 1,161.00 AP - 00305576 1/12/2011 CUCAMONGA VALLEY WATER. DIST 400.00 AP - 00305537 lll2/2011 DIVERSIFIED WiNDON+ COVERINGS INC 9,498.00 AP - 00305589 1/12/2011 DUE NORTH CONSULTING INC. 2,500.00 AP - 00305590 1/12/201 l DUNN EDV~'ARDS CORPORATION 663.21 AP - 00305605 1/12/2011 G AND M BUSINESS INTERIORS 2,198.86 AP - 00305609 ]/12/2011 GEOGRAPHICS 29.91 AP-00305609 1/12/2011 GEOGRAPHICS 59.81 AP - 00305614 1/12/2011 GROUP C MEDIA INC. 5,530.00 AP - 00305627 1/12/20] 1 INLAND OVERHEAD DOOR COMPANY 324.00 AP - 00305629 1/12/2011 INTERNATIONAL COUNCIL OP SHOPPING CEN" 50.00 AP - 00305651 ll12/2011 LIM & NASCIMENTO ENGINEERING CORD 701.04 AP - 00305670 1/l2/2011 NATIONAL CONSTRUCTION RENTALS INC 170.19 AP - 00305671 1/12/2011 NATIONAL NOTARY ASSOCIATION 33.00 AP - 00305680 1/12/2011 ORCHARD CAPITAL LP 29,265.87 AP - 00305690 1//2/2011 PITASSI ARCIIII-ECTS INC 2,525.00 AP - 00303700 1;12/2011 RANCHO CL'CAMONGA CHAMBER OF COMMEI 4,749.99 AP - 00305719 1/12/2011 SHAW INTEGRATED SOLUTIONS 25,952.04 AP - 00305728 (/12/2011 SOCIAL VOCATIONAL SERVICES 750.00 AP - 00305770 1/12/2011 WEST END MATERIAL SUPPLY 1,051.90 AP-0030579] 1/]3/2011 DEKRA-LITEINDUSTRIESINC 12,701.89 AP - 00305805 //131201 I TW TELECOM 3,970.50 AP - 00305846 1/19/2011 COMMUNITY BANK 47,585.99 AP - 00305852 1/19/2011 DAN GUERRA AND ASSOCIATES 31,187.50 AP - 00305867 ]/19/2011 FEDERAL EXPRESS CORP 25.51 AP - 00305895 1/19/2011 INLAND EMPIRE MAGAZINE 1,795.00 AP- 00305903 1/19/2011 JACOBS ENGINEERING 46,701.81 AP - 00305903 1/19/2011 JACOBS ENGINEERING 36,576.27 AP - 00305909 1/19/2011 .LANCE SOLL AND LUNGHARD 14,500.00 AP - 00305916 1/19/201 I MAIN STREET SIGNS 1,094.86 AP - 00305916 1 /19/2011 MAIN STP.EET SIGNS 451.31 AP - 00305928 1/19/201 I NAIOP 4,298.00 AP - 00305948 1/19/201 I PITASSI ARCHITECTS INC 173,447.23 AP - 00305957 1/(9/201 I RICHARDS WATSON AND GERSHON 82.50 AP - 00305957 1/19/2011 RICHARDS WATSON AND GERSHON 6,314.53 AP - 00305957 1/19/201 I RICHARDS WATSON AND GERSHON 1,073.00 AP - 00305957 1/19/2011 RICHARDS WATSON AND GERSHON 49.50 AP - 00305958 1/19/2011 RIVERSIDE CONSTRUCTION COMPANY 475,859.86 AP - 00305958 1/19/2011 RIVERSIDE CONSTRUCTION COMPANY -47,585.99 AP - 00305958 1/19/2011 RIVERSIDE CONS'fRUC'1-ION COMPANY 8,000.00 AP - 00305996 1/19/201 I TMAD TAYLOR & GAINES 2,451.00 AP - 00306025 1/19/2011 WESTLAND GROUP INC 6,820.00 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF CQUALIZA'fION, STAT 365.84 AP - 00306043 1 /25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 3.50 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 124.08 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT I 1 ].30 AP - 00306043 1/25/2011 CALIFORNIA BOARD OP EQUALIZATION, STAT 3.41 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.42 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT _ 3.59 _ User: VLOPEZ -Veronica Lopez Page: I Curren[ Date: 0//26/201 Report:CK_AGENDA_ REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:35:5 RANCHO CUCAMONGA REDEVELOPMENT AGENCY Agenda Check Register 1/12/2011 through 1/25/2011 Check No. Check Date Vendor Name EP - 00001559 1/19/2011 PENDLETON PARTNERS INC Total for Check ID AP: Total for Check ID EP: Total for Entity: P -2 Amount 962,189.34 2,800.00 2,800.00 964,989.34 User: VLOPEZ-Veronica Lopez Page: 2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Current Dale: VI/l6/LVI Time: 15:35:5 STAFF REPORT ENGINEERSNG SERVICES DF_P~IRTMENT Date: To: From; By: Subject: February 2, 2011 Chairman and Redevelopment Agency Members Jack Lam, AICP, Executive Director ~ ~ ~ ~~ ~ r~ -- . l K' RANCHO C,'UCAMONGA Mark A. Steuer, Director of Engineering Services/City Engineer Jerry A. Dyer, Senior Civil Engine '~ Shelley Hayes, Assistant Enginee~ RELEASE OF FAITHFUL PERFORMANCE BOND NO. 2081233, RETAINED ICJ LIEU OF MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF $126,156.00, FOR THE FOOTHILL BOULEVARD MEDIAN LIGHTING PROJECT, CONTRACT NO. RA09- 009 RECOMMENDATION It is recommended that the Redevelopment Agency authorize the City Clerk to release the Faithful Performance Bond No. 2081233, retained in lieu of Maintenance Guarantee Bond in the amount of $126,156.00, for the Foothill Boulevard Median Lighting project, Contract No. RA09-009. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: California Professional Engineering Inc. 9316 Mable Avenue South EI Monte, CA 91733 Respectfully submitted, r _ ` riP Mark A. Steuer Director of Engineering Services/City Engineer P -3 MAS/JAD/SH:Is P -4 PROJECT ~/'ic~r~~tg~ 1~~~ Foothill Blvd.1\2edian Li~htiF1~ Project Vineyard Ave. to Hermosa Ave. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P -5 Aeenda Check Reeister I/12/2011through 1/251201] Check No. Check Date Venrlor Name Amoun[ AP - 00305514 1/12/2011 AGILINE INC 120.00 AP - 00305514 1/12/201 I AGILINE INC 540.00 AP - 00305515 1/12/201 I ALL CITIES TOOLS 213.59 AP - 00305531 1/12/2011 AMERICAN SCALE CO INC 238.69 AP - 00305535 1/12/201 I BILL AND WAGS INC 267.50 AP - 00305535 1/12/2011 BILL AND WAGS INC 214.00 AP - 00305538 1/12/2011 BOUND TREE MEDICAL LLC. I IS.I6 AP - 00305550 1/12/2011 CARQUEST AUTO PARTS 78.19 AP - 00305550 ] /12/2011 CARQUEST AUTO PARTS 44.42 AP-00305554 ]/12/2011 CITY RENTALS 572,00 AP - 00305554 1/] 2/201 1 CITI' RENTALS 572.00 AP - 00305600 1/12/2011 FLEET SERVICES INC. 232.09 AP - 00305602 ]/l2/2011 FRANKLIN TRUCK PARTS -116.77 AP - 00305602 1/12/2011 FRANKLIN TRUCK PARTS 1,007.92 AP - 00305605 1/12/2011 G AND M BUSINESS INTERIORS 2,957.24 AP - 00305606 1/i2/2011 G.T. ENGINEERING 539.37 AP - 00305606 1/12/2011 G.T. ENGINEERING 79.37 AP - 00305618 1/12/2011 HOSE MAN INC 179.61 AP - 00305619 1 /12/2011 HOY'T LUMBER CO., SM 10.17 AP - 00305619 1/12/201 I HOYT LUMBER CO., SM 1027 AP - 00305619 1/12/201 I HOYT LUMBER CO, SM 7.70 AP - 00305619 U(2Y2011 HOI'T LliMBER CO., SM 42.92 AP - 00305619 1/12!2011 HOYT LUMBER CO., SM 20.31 AP - 00305619 1/12/2011 HOYT LUMBER CO, SM 7.82 AP - 00305619 I/[2/2011 HOYT LUMBER CO, SM 6.35 AP - 00305642 1/12/2011 KME FIRE APPARATUS 81.43 AP - 00305642 1/12/2011 KME FIRE APPARATUS 127.59 AP - 00305642 1/12/2011 KME FIRE APPARATUS 154.19 AP - 00305646 1/12/2011 LAWSON PRODUCTS INC 414.58 AP-00305649 1/12/2011 LIEBERTCASSIDYWHITMORE 432.00 AP - 00305650 1/12/2011 LIFE ASSIST INC 1,174.66 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 247.72 AP-00305655 1/]2/2011 LOWESCOMPANIESINC. 59.50 AP - 00305655 1/12/20] 1 LOWES COMPANIES INC. 38.67 AP-00305655 I/12/2011 LOWESCOMPANIESiNC. 92.09 AP - 00305655 1/12/201 I LOWES COMFANIES INC. 15.01 AP-00305655 1/12/2011 LOWESCOMPANIESINC. 82.74 AP-00305655 1/12/2011 LO~'ESCOMPANIESINC. 922 AP - 00305658 1/12/2011 MARIPOSA HORTICULTURAL ENT INC 290.36 AP - 00305658 1/12!2011 MARIPOSA HORTICULTURAL ENT INC 2,004.74 AP - 00305658 1/12/2011 MARIPOSA HORTICULTURAL ENT INC 2,555.24 AP - 00305659 1/12/2011 MARLINK SA INC 135.00 AP - 00305661 1/12/2011 MCKESSON MEDICAL SURGICAL 456.75 AP - 00305664 V12/201 I MIJAC ALARM COMPANY 192.00 AP - 00305664 1/12/201 I MIJAC ALARM COMPANY 348.00 AP - 00305664 1/12/201 I MIJAC ALARM COMPANY 348.00 AP - 00305664 1/12/201 I MIJAC ALARM COMPANY 330.00 AP-00305664 1/12/2011 M[JACALARMCOMPANY 348.00 AP - 00305664 1/12/201 ] MIJAC ALARM COMPANY 348.00 AP - 00305674 1/12/2011 NORMAN A TRAUB ASSOCIATES 6,932.75 AP - 00305674 1/12/2011 NORMAN A TRAUB ASSOCIATES 185.25 AP - 00305677 1/12/2011 OFFICE DEPOT 81.05 AP - 00305677 I! 12/20] 1 OFFICE DEPOT 26.42 AP - 00305696 1/12/201 I QUINN COMPANY ~_ 1,409_99 User: VLOPEZ -Veronica Lopez Page: 1 Current Date: 01/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:36;3 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT A>?enda Check Re¢ister 1/12/2011 through V2512011 Chectc No. Check Date Vendor Name Amount AP - 00305703 1/12/2011 RAYNE WATER CONDITIONING INC 24.50 AP - 00305707 1/12/2011 RGS ENGINEERING GEOLOGY 8,430.00 AP - 00305711 1/12/2011 SAN BERNARDINO CTY 4,28 LSO AP - 00305717 1/12/2011 SAN BERNARDINO CTY 3,425.20 AP - 00305717 1/12/2011 SAN BERNARDINO CTY 85630 AP - 00305723 1/12/2011 SIGNCRAFTL-RS OF RANCHO CUCAMONGA 146.81 AP - 00305726 1/12/201 ] SO CALIF GAS COMPANY 85.03 AP - 00305726 1/12/201 I SO CALIF GAS COMPANY 136.09 AP - 00305726 1/12/201 I SO CALIF GAS COMPANY 482.li AP - 00305726 1/12/2011 SO CALIF GAS COMPANY 482.14 AP-00305727 1/12/2011 SOAPTRONICLLC 650.77 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 529.43 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 621.95 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON (,455.42 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 114.55 AP - 00305737 1/12/2011 SOUTHERN COUNTIES LUBRICANTS LLC 4,006.11 AP-00305739 1/122011 SPRINT 39.99 AP - 00305751 1/122011 UNIFIRST UNIFORM SERVICE 5020 AP - 00305751 1/12/2011 UNIFIRST UNIFORM SERV'1CE 5020 AP - 00305763 1/122011 VERILON 125.53 AP-00305763 1/122011 VERIZON 38.63 AP-00305763 1/122011 VERIZON 473.78 AP - 00305763 1/12/201 I \'ERIZON 18.72 AP - 00305766 1/12/2011 WAXIE SANITARY SUPPLY 358.70 AP-00305766 1/12/2011 WAXIE SANITARY SUPPLY 358.70 AP - 00305766 1/12/2011 WAXIE SANITARY SUPPLY 358.70 AP - 00305766 1/12/201 I WAXIE SANITARY SUPPLY 125.54 AP-00305766 1/12/2011 WAXIE SANITARY SUPPLY 69.95 AP-00305766 1/122011 WAXIE SANITARY SUPPLY 396.36 AP - 00305766 1/12/2011 WAXIE SANITARY SUPPLY 125.54 AP - 00305767 1(12201 ] WENGER, JEFF 165.00 AP - 00305767 1/12/2011 WENGGR, JEFF 40.00 AP-00305781 1/13/2011 AIRGASWEST 57.05 AP - 00305782 1/132011 ALLSTAR FIRE EQUIPMENT INC 325.96 AP - 00305792 (/13201 I EMCOR SERVICE 2,400.00 AP-00305792 1/132011 EMCORSERVICE 1,490.00 AP-00305792 1/13/2011 EMCORSERVICE 560.00 AP - 00305792 1/13/20] l EMCOR SERVICE 780.00 AP - 00305792 1/13/2011 EMCOR SERVICE 1,540.00 AP-00305792 ]/132011 EMCORSERVICE 2,270.00 AP - 00305792 1/132011 EMCOR SERVICE 2,280.00 AP - 00305825 1/19/201 I BAB STEERING HYDRAULICS INC 797.49 AP - 00305825 1/19/2011 BAB STEERING HYDRAULICS INC 376.12 AP-00305828 1/19/2011 BAUER COMPRESSORS -1,825.79 AP - 00305828 1/19/2011 BAUER COMPRESSORS 1,825.79 AP - 00305828 1/192011 BAUER COMPRESSORS 2,593.25 AP - 00305833 1/19/2011 BURTON''S FIRE INC 305.00 AP - 00305834 1/192011 CALCHIEPS OPS SECTION 400.00 AP - 00305835 1/19/2011 CALIFORNIA PUBLIC EMPLOYEES 1,600.00 AP - 00305836 ] /19/2011 CALIFORNIA PUBLIC-SAFETY RAD10 ASSOCIA' 350.00 AP-00305837 1/192011 CALPERS 4,352.40 AP - 00305837 U1920] I CALPERS 1,029.60 AP - 00305838 I/l9/2011 CARNES, SANDY 88.00 ea-nn:nsx;F inonntt nI1MMIF.SUNLIMITEDINC. 1,32434 P -6 User: VLOPEZ -Veronica Lopez Page: 2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: uvtoi~ui Time: 15:36:3 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT Agenda Check Res=ister 1/12/201 ] through 1i2S2011 Check No. Check Date Vendor Name Amount AP - 00305864 1/19/201 I FAIL SAFE TESTING 3,178.85 AP - 00305877 1/19/2011 G AND M BUSINESS INTERIORS 988.00 AP - 00305897 1/19/2011 INLAND OVERHEAD DOOR COMPA1dY 149.00 AP - 00305908 1/19!201 I IiME FTRE APPARATUS 158.78 AP - 00305908 1/19/201 I KME FIRE APPARATUS 434.48 AP - 00305908 1 /19/2011 KME FIRE APPARATUS 45.39 AP - 00305909 1/19/201 I LANCE SOLL AND LUNGHARll 5,000.00 AP - 0030591 I 1/19/201 l LIEBERT CASSIDY WHITMORE 756.00 P:P - 00305927 1/l9/2011 MURRAYS HOTEL AND RESTAURANT SUPPLY 81.02 AP - 00305934 1/19/2011 OFFICE DEPOT -12.59 AP - 00305934 1/19/201 ] OFFICE DEPOT 151.30 AP - 00305934 1/19/2011 OFFICE DEPOT -2.89 AP - 00305934 1/19/2011 OFFICE DEPOT 317.33 AP - 00305937 I / 19/2011 ONTRAC ] 0.08 AP - 00305937 1/19/2011 ONTRAC 6.72 AP - 00305955 1/19/2011 RESCUE RESPONSE GEAR LLC 721.34 AP - 00305968 1/19/20] 1 SAN BERNARDINO CTY TRAINING OFFICERS 50.00 AP - 00305976 1/192011 SO CALIF GAS COMPANY 294.86 AP - 00305979 1/19/201 I SOUTH COAST FIRE EQUIPMENT INC 988.80 AP - 00305995 1/19/201 I TERMINIX PROCESSING CENTER 69.00 AP - 00305995 1/19/2011 TERMINIX PROCESSING CENTER 81.00 AP - 00305995 1/19/2011 TERibili`IIX PROCESSING CENTER 65.00 AP - 003060]4 1/19201 ] VERIZON WIRELESS - LA 36.19 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 37.49 AP - 00306014 1/19201 I \BRIZON WIRELESS - LA 36.19 AP - 00306014 1/192011 VERIZON WIRELESS - LA ~ 36.19 AP-00306014 1/192011 VER120N WIRELESS-LA 36.19 AP-00306015 1/19/2011 VERIZON WIRELESS-LA 380.27 AP - 00306015 1/192011 VERIZON WIRELESS - LA 41.24 AP - 00306015 1/192011 \'ERIZON WIRELESS - LA 34.45 AP - 00306015 1/192011 VERIZON WIRELESS - LA 98.19 AP - 00306015 1/19/2011 VERIZON WIRELESS - LA 722.03 AP-00306015 1/19/2011 VERIZON WIRELESS-LA 76.53 AP - 00306015 1/19/2011 VERIZON WIRELESS - LA 86.25 AP-00306017 1/192011 VERIZON 111.74 AP - 00306017 1/19/2011 VERIZON 111.74 AP-00306017 1/19/2011 VERIZON 37.34 AP - 00306024 1/19/2011 WESTERN STATE DESIGN INC 225.00 AP-00306024 1/]9/2011 WESTERN STATE DESIGN INC 284.79 AP - 00306024 1/19/2011 WESTERN STATE DESIGN INC 262.26 AP - 00306024 1/19/2011 WESTERN' STATE DESIGN INC 180.00 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT ] 5.31 AP - 00306043 I /25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2 62 AP - 00306043 1 /25/201 1 CALIFORNIA BOARD OF EQUALIZATION, STAT 667.04 AP - 00306043 I/ZS/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 14.79 AP - 00306043 ]/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 113.08 Total for Check ID AP: 97,504.96 Total for Entity: 97,504.96 P -7 User: VLOFEZ -Veronica Lopez Page: 3 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 01/26201 Time: 15:36:3 CITY OF RANCHO CUCAMONGA P -8 Agenda Check Register 1/122011 through 1/25!2011 Check No. Check Date Vendor Name Amount AP - 00305506 1/12/2011 AA EQUIPMENT RENTALS CO INC 232.91 AP - 00305506 1/12/2011 AA EQUIPMENT RENTALS CO INC 184.40 AP - 00305506 1/!2/201 I AA EQUIPMENT RENTALS CO INC 45936 AP - 00305507 1/12/2011 ABI VIP ATTORNEY SERVICE 70.47 AP - 00305507 1/12/2011 ABI \RP ATTORNEY SERVICE 154.52 AP - 00305508 Ul2/2011 ABLETRONICS 14.68 AP - 00305509 1/12/2011 ABM JANITORIAL SW 2,421.00 AP - 00305509 1/12/20! 1 ABM JANITORIAL SW 103.40 AP-00305509 1/12/2011 ABM JANITORIAL SW 43,055.11 AP - 00305510 (/12/3011 ACE ELECTRIC INC. 897.00 AV - 0030551 I 1/12/201 I ADAPT CONSULTING INC 1,304.66 AP - 00305512 1/12/2011 ADT SECURITY SERVICES INC 1,153.59 AP - 00305512 1/12/2011 ADT SECURITY SERVICES INC •820.33 AP - 00305512 1/12/201 I ADT SECURITY SERVICES INC 432.59 AP - 00305514 1/12/2011 AGILINE INC 1,840.00 AP - 00305514 1/122011 AGILINE INC 60.00 AY - 00305514 1/12/2011 AGILINE INC 40.00 AP - 00305514 1/12/2011 AGILINE INC 800.00 AP - 00305516 1/12/2011 ALL WELDING 120.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPI"PAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANI6~ HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL IOSPITAL >0.00 AP - 00305519 1/!2/201 I ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 1/122011 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 1/12/201 I ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/201 I ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 (/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSP[TAL 50.00 AP - 00305519 1!12/201 I ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 ]/12/201 I ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/201 l ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 1/12/201 1 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 (/12201 I ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 I/] 2/2011 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 1/122011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 l/] 2/2011 AL'CA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/]2/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 1/122011 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 1/]22011 ALTA LOMA ANIMAL HOSY]"I'AL 50.00 AP - 00305519 I/]2/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/201 I ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ANIMAL HOSPITAL ALTA LOMA 50.00 _ User: VLOPEZ -Veron _ ica Lopez _ J Page: I Current Date: 01/26201 Report:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 1533:2 CITY OF RANCHO CL'CAMONGA P -9 Aeenda Check Reeister 1/12/2011 through 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00305519 1//2/2011 ALTA LOMA ANIMAL HOSPITAL , 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 t/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 !/12/201 l ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 //12/201 I ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/] 2/2011 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 50.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305519 1/12/2011 ALTA LOMA ANIMAL HOSPITAL 25.00 AP - 00305520 1/12/2011 AMERICAN PLANNING ASSOCIATION 593.00 AP - 00305522 1/12201 1 ANTHEM BLUE CROSS 148,833.95 AP - 00305523 1/12/2011 APPLIED METERING TECHNOLOGIES INC 9,941.01 AP - 00305524 1/12/2011 ARAMARK UNIFORM SERVICES 6.70 AP - 00305525 1/12/201 ] ARBOR NURSERY PLUS 90.26 AP - 00305526 1/12/201 I ARROW TRAILER SUPPLIES INC 28.17 AP - 00305527 1/12!201 I ASCE RIVEKSIDE 25.00 Ai' - 00305528 1/12/2011 AUTO BODY 2000 4,981.19 AP - 00305528 1/12/2011 AUTO BODY 2000 1,978.12 AP - 00305529 1/12/201 I AVALON COLLISION CENTER 2,471.06 AP-00305530 1/12/2011 BARBARA'S ANSWERING SERVICE 572.00 AP - 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DeLYNN 617.50 AP - 00305624 1!]2!2011 HUMPHREY, DR. DeLYNTI 682.50 AP-00305624 1/1220(1 HUMPHREY,DR.DeLYNT1 650.00 AP - 00305625 1/122011 ]DEAL GLASS TINTING 1,D40.00 AP - 00305626 1 / 122011 IMPERIAL SPRINKLER SUPPLY INC 1,153.51 AP - 00305626 1/12/2011 IMPERIAL SPRINKLER SUPPLY INC 520.69 AP - 00305626 1/12/2011 IMPERIAL SPRINKLER SUPPLY INC 1,236.50 AP - 00305628 1/122011 INTERNAL REVENUE SERVICE 75.00 AP - 00305630 1/122011 INTERNATIONAL LINE BUILDERS [NC 2,682.97 AP - 00305630 I/122011 INTERNATIONAL LINE BUILDERS INC 2,949.80 AP - 00305630 1/122011 INTERNATIONAL LINE BUILDERS INC 3,550.97 AP - 00305630 1/12/201 I INTERNATIONAL LINE BUILDERS INC 3,056.96 AP - 00305631 1112/201 I IRON MOUNTAIN OSDP 1,953.30 AP-00305632 1/12/2011 JAMS INC 3,575.00 AP - 00305633 1/12/201 I JANDi ENTERPRISES INC 1,000.00 AP - 00305634 I/12/2011 JDC INC 16,758.00 AP - 00305635 1/12/2011 LOBS AVAILABLE INC 976.50 AP - 00305636 1 /122011 JOHN THE PLUMBER 11 D.00 AP - 00305637 1/]2/2011 JONES AND MAYER, LAW OFFICES OF 12,499.65 AP - OD305638 1/12/2011 K K WOODWORKING 108.73 AP - 00305639 1/]2/2011 KC PRINTING & GRAPHICS 166.39 AP - 00305640 1/12/2011 KIMBALL MIDWEST 920.76 AP - 00305641 ] /12/2011 KLAUS AND SONS 385.00 AP - 00305641 1/12/201 l KLAUS AND SONS 95.00 AP - 00305641 1/12/2011 IkLAUS AND SONS 95.00 AP - 00305643 1/12/2011 KONE INC 514.75 AP-00305644 1/12/2011 LAMOUREUX,DAVID 1,500.00 AP - 00305645 1/12/2011 LAMOUREUX, JULIE 1,333.00 AP - 00305645 1/12/2011 LAMOUREUX, JULIE 30.00 AP - 00305647 1/12201 t LEAGUE OF CALIFORNIA CITIES 40.00 AP - 00305647 1/12/2011 LEAGUE OF CALIFORNIA CITIES 40.00 AP - 00305647 1/122011 LEAGUE OF CALIFORNIA CITIES 40.00 AP - 00305647 1/122011 LEAGUE OF CALIFORNIA CITIES 40.00 AP - 00305647 I /122011 LEAGUE OP CALIFORNIA CITIES 40.00 AP - 00305647 1/l2/2011 LEAGUE OF CALIFORNIA CITIES 40.00 AP - 00305647 1/12/201 I LEAGUE OF CALIFORNIA CITIES 40.00 AP - 00305647 1/12/201 ] LEAGUE OF CALIFORN'A CITIES 40.00 AP - 00305648 1/122011 LEIGHTON CONSULTING INC 3,823.90 AP - 00305652 1/122011 LITTLE BEAR PRODUCTIONS 575.00 AP - 00305652 1/12201 I LITTLE BEAR PRODUCTIONS 18125 AP-00305652 1/12/2011 LfI'TLEBEARPRODUCT1pNS 3125 AP - 00305652 1/122011 LITTLE BEAR PRODUCTIONS 295.00 AP-00305652 1/]22011 LITTLE BEAR PRODUCTIONS 275.00 AP - 00305652 1/12/2011 LITTLE BEAR PRODUCTIONS 300.00 AP - 00305652 1/12/2011 LITTLE BEAR PRODUCTIONS 495.00 AP - 00305652 1/12/201 I LITTLE BEAR PRODUCTION'S 31 25 AP - 00305652 1/12/2011 LITTLE BEAR PRODUCTIONS 31.25 AP - 00305653 1/12/2011 LOS ANGELES TIMES 12.00 AP-0030S6SS 1/12/2011 LOWESCOMPANIESINC. 97.26 AP-nn205655 1/12/2011 LOWESCOMPAMESINC. 110.74 User: VLOPEZ -Veronica Lopez Page: 6 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Cu rrent Date: O l /26/2D I Time: 15:33:2 CITY OF RANCHO CUCAMONGA P -14 Agcnda Check Re>?ister 1/12/2011 through 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00305655 1/12/2011 LOWES COMPANIES INC. 45.74 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 74.57 AP - 00305655 lll2/2011 LOWES COMPANIES INC. 23435 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 175.91 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 64.04 AP - 00305655 1/12/201 I LOWES COMPANIES INC. 90.96 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 39.91 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 18.68 AP - 00305655 1/12/2011 LOWES COMPANIES iNC. 97.85 AP - 00305655 1/I2/2011 LOWES COMPANIES INC. 27.79 AP - 00305655 1/12/2011 ].OWES COMPANIES INC. 8.66 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 27.10 AP-00305655 1/12/2011 LOWESCOMPANIESINC. 2112] AP - 00305655 1/12/201 ] LOWES COMPANIES INC. 132.97 AP - 00305655 1/12/2011 LO WES COMPANIES INC. 82.24 AP - 00305655 1/]2/2011 LOWES COMPANIES INC. 251.70 AP- 00305655 1/12/2011 LOWES COMPANIES INC. 254.65 AP-00305655 1/12/2011 LOWESCOMPANIESINC. 128.33 AP-00305655 1/12/20]! LOWESCOMPANIES[NC. 54.17 AP - 00305655 1/12/2011 LOWES COMPANIES iNC. 118.35 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 56.44 AP - 00305655 1/] 2/2011 LOWES COMPANIES INC. 749.19 AP - 00305655 1/12/201 I LOWES COMPANIES INC. 97.94 AP - 00305655 1/12/201 I LOWES COMPANIES INC. 56.72 AP - 00305655 1/12/201 l LOWES COMPANIES INC. 28.51 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 20533 AP - 00305655 1/l2/201 1 LOWES COMPANIES INC. 164.21 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 11.24 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 16438 AP - 00305655 1/]2/2011 LOWES COMPANIES INC. 7826 AP - 00305655 1/12/201 I LOWES COMPANIES INC. 15.34 AP-00305655 1/12/2011 LOWESCOMPANIESINC. 24.36 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 14.89 AP - 00305655 1/12/2011 LO WES COMPANIES INC. 124.92 AP - 00305655 1/12/201 I LOWES COMPANIES INC. 32.93 AP - 00305655 1/12/201 I ].OWES COMPANIES INC. 10.85 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 113.47 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 46.48 AP-00305655 1/12/2011 LOWESCOMPANIESINC. 822 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 71.62 AP - 00305655 1/12/201 I LOWES COMPANIES INC. 75.52 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 108.72 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 103.25 AP - 00305655 1/12/2011 LOWES COMPANIES INC. 43.85 AP - 00305656 1/12/201 I MAIN STREET SIGNS 36.13 AP - 00305656 1/12/2011 MAIN STREET SIGNS 195.75 AP - 00305656 1/12/201 ] MAIN STREET SIGNS 40.00 AP - 00305657 1/12/201 1 MANNING ELECTRIC INC 2+137.47 AP - 00305658 1/12/2011 MARIPOSA HORT[CULTliRAL ENT INC 470.25 AP - 00305658 1/12/2011 MARIPOSA HORTICULTURAL ENT INC 360 26 AP - 00305658 1/12/20] 1 MARIPOSA HORTICULTURAL ENT INC 963.85 AP - 00305658 1/12/201 l MARIPOSA HORTICULTURAL ENT INC 587.54 AP - 00305658 1/12/2011 MARIPOSA HORTICULTURAL ENT INC 15.998.13 AP - 00305658 1/12/2011 D1ARlPOSA HORTICULTURAL ENT INC 6,578.73 User: VLOPEZ -Veronica Lopez Page: 7 Curren! Date: 01/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:33:2 CITY OF RANCHO CUCAMONGA Asenda Check Resister 1/12/2011 through ]/25/2011 P -15 Check N'o. Check Date Vendor Name Amount AP - 00305658 1/12/2011 MARIPOSA HORTICULTURAL ENT INC 2,289.21 AP - 00305658 1/12/2011 MARIPOSA HORTICULTURAL ENT INC 586.66 AP - 00305658 1/12/201 I MARIPOSA HORTICULTURAL ENT INC 3,022.47 AP - 00305658 1/12/2011 MARIPOSA FORTICULTURAL ENT INC 5,059.09 AP - 00305658 1/122011 MARIPOSA HORTICULTURAL ENT INC 82267 AP - 00305658 1/12/2011 MARIPOSA HORTICULTURAL ENT INC 870.75 AP - 00305658 1/12!201 I MARIPOSA HORTICULTURAL ENT INC 2,737.36 AP - 00305658 1/12/2011 MARIPOSA HORTICULTURAL ENT INC 696.51 AP - 00305660 111220] 1 MARQUETTE COMMERCIAL FIiJr\NCE 1.811.78 AP - 00305662 1/12201 I MIDDLE RIDGE INC 1,062.50 AP - 00305663 1/12201 I M1DN'EST TAPE 75.96 AP-00305663 1/122011 MIDWEST TAPE 87.36 AP - 00305663 1/12/201 I MIDWEST TAPE 275.00 AP-00305663 1/12/2011 MIDWEST TAPE 180.66 AP-00305663 1/12/2011 MIDWEST TAPE 95.53 AP - 00305663 1/12/201 l MIDWEST TAPE 81.54 AP-00305663 1/12/2011 MIDWEST TAPE 104.94 AP - 00305663 1/12/2011 MIDWEST TAPE 38.99 AP-00305663 1/12/2011 MIDWEST TAPE 7299 AP-00305663 1/12/2011 MIDWEST TAPE 38.99 AP-00305663 ~ 1/12/2011 MIDWEST TAPE 22,99 AP-00305665 1/]2/2011 MMCINC 1,860.00 AP - 00305666 1/12/2011 MOUNTAIN VIEW SMALL ENG REPAIR 44.53 AP - 00305666 1/122011 MOUNTAIN VIEW SMALL ENG REPAIR 4.40 AP - 00305666 1/12/2011 MOUNTAIN VIEW SMALL ENG REPAIR 20.53 AP - 00305666 1/12/2011 MOUNTAIN VIEW SMALL ENG REPAIR _ 140.29 AP - 00305666 1/12/2011 MOUNTAIN VIEW SMALL ENG REPAIR 19.54 AP-00305666 1/122011 MOUNTAIN VIEW SMALLEN'G REPAIR 20.00 AP - 00305666 1/12/201 I MOUNTAIN VIEW SMALL ENG REPAIR 69.30 AP - 00305666 1/12/2011 MOUNTAIN VIER' SMALL ENG REPAIR 2772 AP - 00305667 1/12/20] I MOYA, RAQUEL 500.00 AP - 00305668 1/12/2011 MWI VETERINARY SUPPLY 388.53 AP-00305668 1/12/2011 MWI VETERINARY SUPPLY 220.06 AP-00305668 1/12/2011 MWI VETERINARY SUPPLY 127.83 AP - 00305668 1/12/2011 MWI VETERINARY SUPPLY 107.45 AP - 00305668 1/122011 MW] VETER]NARY SUPPLY 483.94 AP - 00305668 1/12/2011 MWI VETERINARY SUPPLY 107.36 AP-00305668 1/]2/2011 MWI VETERINARY SUPPLY 1;211.20 AP - 00305668 1/122011 MWI VETERINARY SUPPLY 208.11 AP - 00305668 1/122011 MWI VETERINARY SUPPLY 206.58 AP-00305668 1/122011 MWI VETERINARY SUPPLY 118.21 AP-00305668 1/122011 MWiVETERINARYSUPPLy 11132 AP - 00305669 1/12/2011 NAPA AUTO PARTS 5135 AP - 00305669 1/122011 NAPA AUTO PARTS 10.26 AP - 00305669 1/12/201 l NAPA AUTO PARTS 172.91 AP - 00305672 1/12/2011 NATIONAL RECREATION AND PARK ASSOC 575.00 AP-00305673 1/12/2011 NEXTEL 907.31 AP - 00305675 I / 12/201 I OCA SSE-PDC 30.00 AP - 00305676 1/12/2011 OCCUPATIONAL HEALTH CENTERS OF CALIFO 634.00 AP - 00305676 1/12/2011 OCCUPATIONAL HEALTH CENTERS OF CALIFO 25.00 AP - 00305676 1;12/2011 OCCUPATIONAL HEALTH CENTERS OF CAL1E0 73.00 AP - 00305677 1/l2/2011 OFFICE DEPOT 63.72 AP - 00305677 1/12/2011 OFFICE DEPOT 78.30 AP - 00305677 (/122011 OFFICE DEPOT 654.03 User: VLOPEZ -Veronica Lopez Page: 8 Current Date: O1 /26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pornait Layout Time: 15:33? CITY OF RANCHO CUCAMONGA P -16 Agenda Check Resister 1/12/2011 through ]/25/2011 Check No. Check Date Vendor Name Amoun[ AP - 00305677 1/12/201 ] OFFICE DEPOT 19.70 AP -00305677 1/12/2011 OFFICE DEPOT 4.38 AP - 00305677 1/12/2011 OFFICE DEPOT 48.89 AP - 00305677 1/12/201 I OFFICE DEPOT 43.67 AP - 00305677 1/12/201 1 OFFICE DEPOT -81.00 AP - 00305677 1/12/2011 OFFICE DEPOT 177.07 AP - 00305677 1/12/201 I OFFICE DEPOT 45.37 AP - 00305677 1/12/201 I OFFICE DEPOT 25.01 AP - 00305677 1 / ] 2/201 1 OFFICE DEPOT 46.52 AP - 00305677 1/12/2011 OFFICE DEPOT 4.58 AP - 00305677 1/12/2011 OFFICE DEPOT 510.76 AP - 00305677 1/12/2011 OFFICE DEPOT 30.31 AP - 00305677 1/12/20! I OFFICE DEPOT 96.50 AP - 00305677 1/12/201 I OFFICE DEPOT 16.77 AP - 00305677 1/12/201 I OFFICE DEPOT 16.85 AP - 00305677 1/12/2011 OFFICE DEPOT 12.56 AP - 00305677 1/12/2011 OFFICE DEPOT 1938 AP - 00305677 1/12/201 ] OFFICE DEPOT 36.19 AP - 00305677 1!12/2011 OFFICE DEPOT 158.46 AP - 00305677 1/12/2011 OFFICE DEPOT 210.1 I AP - 00305677 1/12/2011 OFFICE DEPOT 342.56 AP - 00305677 1 / ] 2/2011 OFFICE DEPOT 279.26 AP - 00305677 1/12/2011 OFFICE DEPOT 112.58 AP - 00305677 1/12/201 I OFFICE DEPOT 112.54 AP - 00305677 1/12/2011 OFFICE DEPOT 10.08 AP - 00305678 1 /12/2011 ONTARIO WiNNELSON CO ] 58.16 AP - 00305678 1/12/2011 ONTARIO W11vTIELSON CO 68.23 AP - 00305678 1/12/201 I ONTARIO WINNELSON CO 487.40 AP - 00305679 1/12/2011 OPEN APPS INC 495.00 AP - 00305681 1/12/2011 ORCHARD SUPPLY HARDWARE 36.95 AP-00305681 !/12/2011 ORCHARD SUPPLY HARDWARE 319.99 AP - 00305681 1/12/2011 ORCHARD SUPPLY HARDWARE -15.75 AP - 00305681 012/2011 ORCI-LARD SUPPLY HARDWARE 15.75 AP - 00305681 1!12/2011 ORCHARD SUPPLY HARDWARE 18.48 AP - 00305681 1/12/2011 ORCHARD SUPPLY HARDWARE 18.48 AP - 00305681 1/12/2011 ORCHARD SUPPLY HARDWARE 29.34 AP - 00305681 1 / 12/2011 ORCHARD SUPPLY HARD WARE G.6 ] AP - 00305681 1/12/2011 ORCHARD SUPPLY HARDWARE 8.12 AP - 00305681 1/]2/20] I ORCHARD SUPPLY HARDWARE 28.87 AP - 00305681 1 / 12/2011 ORCHARD SUPPLY HARDWARE 25.83 AP - 00305681 1/12/201 I ORCHARD SUPPLY HARDWARE 81.55 AP - 00305681 I/l2/201 ] ORCHARD SUPPLY HARDWARE 48.90 AP - 00305681 1/12/2011 ORCHARD SUPPLY HARDWARE 92.33 AP - 00305681 1/12/201 I ORCHARD SUPPLY HARDWARE 45.32 AP - 00305681 1/12/2011 ORCHARD SUPPLY HARDWARE 17.1 I AP - 00305681 1/12/2011 ORCHARD SUPPLY HARDWARE 39.06 AP - 00305681 1/12/2011 ORCHARD SUPPLY HARDWARE ~ 9.75 AP - 00305681 ]/12/2011 ORCHARD SUPPLY HARDWARE 259.76 AP - 00305681 012/2011 ORCHARD SUPPLY HARDWARE 23.00 AP - 00305681 (/12/2011 ORCHARD SUPPLY HARDWARE -18.48 AP - 00305681 1/12/201 l ORCHARD SUPPLY HARDWARE 27.1'7 AP - 00305682 1/12/2011 OWEN ELECTRIC INC 48.55 AP - 00305683 1/12/2011 PAL CAMPAIGN 50.00 AP - 00305684 1 /12/2011 PARTY PUPPET, TFIE 187.50 User: VLOPEZ -Veronica Lopez Page: 9 Current Uate: 01/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Regisrer Portrait Layout Time: 15:33:2 CITY OF RANCHO CUCAMONGA P -17 Agenda Check Register 1/]2/2011 through 1/25/2011 Check No. Check Uate Vendor Name ~ Amounl AP - 00305685 1/12/2011 PASMA 75.00 AP - 00305686 1/12/2011 PATCHETT & ASSOCL4TES 1,387.50 AP - 00305687 1/12/2011 PENINSULA LIBRARY SYSTEM 75.00 AP - 00305688 1 /12/2011 PEP BOYS 3.81 AP - 00305688 1/12/2011 PEP BOYS 5.43 AP - 00305688 1 /12/2011 PEP BOYS -3.81 AP - 00305689 1/]2/2011 PEREZ, DOMINICK 800.00 AP-00305691 1/12/2011 PMI 1,442.66 AP - 00305692 1/12/2011 POLICE TRAINING SERVICES COMPANY 75.00 AP - 00305693 1/12/2011 POSTER SOLUTIONS 82.00 AP-00305693 1/12/2011 POSTER SOLUTIONS 17.54 AP - 00305694 1/I2/2011 PRE-PAID LEGAL SERVICES INC 168.48 AP - 00305694 1/12/2011 PRE-PAID LEGAL SERVICES INC 11.40 AP-00305695 1/]2/2011 PWGILLIBRANDINC 1,382.77 AP-00305695 1/]2/2011 PWGILLIBRANDINC 2,304.48 AP - 00305697 1/12/201 I R AND R AUTOMOTIVE 406.45 AP -00305697 1!]2/2011 R AND R AUTOMOTIVE 236.09 AP - 00305697 1/12/2011 R AND R AUTOMOTIVE 102.07 AP - 00305697 1/12/2011 R AND K AUTOMOTIVE 236.09 AP - 00305697 (/12/2011 R AND R AUTOMOTIVE 50.00 AP - 00305697 1/12/2011 R AND R AUTOMOTIVE 40.75 AP - 00305697 1/12/2011 R AND R AUTOMOTIVE 68.18 AP - 00305697 1/12/201 I R AND R AUTOMOTIVE 50.00 AP - 00305697 1/12/20(1 R AND R AUTOMOTIVE 91.30 AP - 00305697 1/12/201 I R AND R AUTOMOTIVE 50.00 AP - 00305697 1/12/201 ] R AND R AUTOMOTIVE 715.34 AP - 00305697 1/12/201 I R AND R AUTOMOTIVE 95.00 AP - 00305697 1/12/201 I R AND R AUTOMOTIVE 30.77 AP - 00305697 1/12/201 I R AND R AUTOMOTIVE 625.85 AP - 00305697 1/12/201 I R AND R AUTOMOTIVE 53.57 AP - 00305697 1/12/2011 R AND R AUTOMOTIVE 34.03 AP - 00305697 I/] 2/2011 R AND R AUTOMOTIVE 50.00 AP - 00305697 1/12/201 ] R AND R AUTOMOTIVE 74.03 AP - 00305697 1/12/2011 R AND R AUTOMOTIVE 91.78 AP - 00305698 1/12/2011 R&H THEATRICALS 16.00 AP-00305699 1/12/2011 RAINES,AMYM 325.00 AP - 00305701 1/12/2011 RANCHO CUCAMONGA FONTANA FAMILY YM 9,242.49 AP - 00305702 1/12/201 I RANDOM HOUSE INC 6.53 AP - 00305704 1!12/2011 RBM LOCK AND KEY SERVICE 40.78 AP - 00305704 1/12/2011 RBM LOCK AND KEl' SERVICE 65.58 AP -00305704 1/12/2011 RBM LOCK AND KEY SERVICE 10.00 AP - 00305705 I / I2/2011 RCPFA 9,140.63 AP - 00305706 1/12/2011 REED SMTTH LLP 5,877.50 AP - 00305708 1/12/2011 RM REMODELING AND DEVELOPMENT 275.00 AP - 00305708 1/12/2011 RM REMODELING AND DEVELOPMENT 575.00 AP - 00305709 1/12/2011 RM REMODELING AND DEVELOPMENT 925.00 AP-003057]0 1/l2/201( RODRIGUEZ,EUGENIO 900.00 AP - 00305711 1/12/2011 SADDLEBACK MATERIALS COMPANY INC 429.56 AP - 00305712 1/12/2011 SAMUEL FRENCH INC 675.00 AP - 00305713 1/12/2011 SAN BERNARDINO COUNTY 13.50 AP - 00305714 1!12/201 I SAN BERNARDINO COUNTY 840.00 AP - 00305715 1/12/2011 SAN BERNARDINO CTY FLOOD CONTROL DIST 700.00 AP - 003057 ] 6 I/ 12/2011 SAN BERNARDINO CTY FLOOD CONTROL DIST 700.00 AP - 00305718 1/12/2011 SBPEA _. _ - 710.71„ User: VLOPEZ -Veronica Lopez Page: 10 Report: CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: O1 /26/201 Time: 15:33:2 CITY OF RANCHO CUCAMONCA P -18 Al;enda Check Re¢ister 1/12/201 l through 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00305720 1/12/2011 SHERIFFS COURT SERVICES 330.36 AP - 00305721 1/12/20 ] 1 SHERIFFS COURT SERVICES 150.00 AP - 00305722 1/12/201 ] .SHRED IT 34.00 AP - 00305722 1/12/2011 SHRED IT 17.00 AP - 00305722 1 /12/2011 SHRED ["I' 17.00 AP - 00305722 1/12/2011 SHRED 1T 17.00 AP - 00305724 1/12/201 I SINNETT CONSULTING SERVICES LLC 140.00 AP - 00305725 1!12/201 ] SMITH, QUINCY 250.00 AP - 00305726 1/122011 SO CALIF GAS COMPANY 7.77 AP - 00305726 1/12!2011 SO CALIF GAS COMPANY 5.42 AP - 00305726 1/122011 SO CALIF GAS COMPANY 5.42 AP - 00305726 1/12/2011 SO CALIF GAS COMPANY 260.59 AP - 00305726 1/12/2011 SO CALIF GAS COMPANY 345.57 AP - 00305726 1/12/2011 SO CALIF GAS COMPANY 2,429.66 AP - 00305726 1/12/2011 SO CALIF GAS COMPANY 1,018.01 AP - 00305726 1/12/20! t SO CALIF GAS COMPANY 6,072.72 AP - 00305726 1/12!201 l SO CALIF GAS COMPANY 387.43 AP - 00305736 ] /12/2011 SO CALIF GAS COMPANY 3,734.74 AP-00305726 1/12/2011 SO CALIF GAS COMPANY 1,IOL19 AP - 00305726 1!12/2011 SO CAL1F GAS COMPANY 3,458.59 AP - 00305726 1/12/2011 SO CALIF GAS COMPANY 1,024.63 AP - 00305726 1/12/2011 SO CALIF GAS C064PANy 11.24 AP - 00305728 1/t2/2011 SOCIAL VOCATIONAL SERVICES 1,400.00 AP - 00305728 1/l2/2011 SOCIAL VOCATIONAL SERVICES 650.00 AP - 00305729 1/12/2011 SOURCE GRAPHICS 70.54 AP - 00305730 1/12/2011 SOUTH COAST AQMD 54.48 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 1,579.34 AP - 00305736 1/12/2011 SOUTI-IERN CALIFORNIA EDISON 17.98 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 21.11 AP - 00305736 1/12/2011 SOU'T'HERN CALIFORNIA EDISON 21.80 AP - 00305736 UI22011 SOUTHERN CALIFORNIA EDISON 21.80 AP - 00305736 Ui2/2011 SOUTHERN CALIFORNIA EDISON 22.62 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 72.96 AP-00305736 1/12/2011 SOUTHERN CALIFORNIAEDISON 20.38 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 20.38 AP - 00305736 1/122011 SOUTHERN CALIFORNIA ED150N 22.53 AP - 00305736 1/12201 I SOUTHERN CALIFORNIA EDISON 22.62 AP - 00305736 1/122011 SOUTHERN CALIFORNIA EDISON 59.64 AP - 00305736 1/] 2201 I SOUTHERN CALIFORNIA EDISON 75.33 AP - 00305736 1/12201 I SOUT}1ERN CALIFORNIA EDISON 54623 AP - 00305736 1/12201 I SOUTHERN CALIFORNIA EDISON 63.3 t AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDTSON 54.69 AP - 00305736 1/] 2201 I SOUTHERN CALIFORNIA EDISON 1892'7 AP - 00305736 1/122011 SOUTHERN CALIFORNIA EDISON 21.84 AP - 00305736 (/1220] 1 SOUTHERN CALIFORNIA EDISON 21.11 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 21.65 AP - 00305736 1/122011 SOUTHERN CALIFORNIA EDTSON 21.35 AP - 00305736 1/122011 SOU"I'HERN CALIFORARA EDISON 21.89 AP - 00305736 1/122011 SOUTHERN CALIFORNIA EDISON 72.98 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 46.56 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 23.35 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 23.26 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 23.26 AP- 00305736 1/12/20 11 SOUTHERN CALIFORNIAEDISON__ _ __,23.26 _ _ __ User: VLOPEZ -Veronica Lope2 Page: 11 Current Date: 01/26/201 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:33:2 • CITY OF RANCHO CUCAMONGA F -'~ 9 AePnda Check Register 1/12/2011 through 1/25/20] 1 Amount Check No. Check Date Vendor Name AP - 00305736 1!12/20] I SOUTHERN CALIFORNIA ED150N 23.26 86 48 AP - 00305T6 1/12/2011 SOUTHERN CALIFORNIA EDISON 97.98 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 28 55 AP - 00305736 1/12!2011 SOUTHERN CALIFORNIA EDISON . ~5 82 AP - 00305736 1/12/201 ] SOUTHERN CALIFORNIA EDtSON 232 91 AP - 00305736 1/12/'2011 SOUTHERN CALIFORNIA EDISON , 48 186 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON . 53 22 AP - 00305736 1/12120] 1 SOUTHERN CALIFORNIA EDISON . 26.61 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 27 14 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 56 67 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON . 35 60 AP - 00305736 1/12/201 I SOUTHERN CALIFORNIA EDISON . 22 6~ AP - 00305736 1/12/201 I SOUTHERN CALIFORNIA EDISON 17 61 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON . ~l 80 AP - 00305736 Vl2/2011 SOUTHERN CALIFORNIA EDISON 76 58 AP - 00305T6 1/12/2011 SOUTHERN CALIFORNIA EDISON . 46 71 AP - 00305736 1/12/2011 SOUTHERN CALIFORMA EDISON . 70 49 AP - 00305736 1/12/201 i SOUTHERN CALIFORNIA EDISON . gg.53 AP - 00305736 li i2/2011 SOUTHERN CALIFORNIA EDISON 80 46 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON . 57 104 AP - 00305736 1/12/201 t SOUTHERN CALIFORNIA EDISON . ~2 57 AP - 00305736 1;12;2011 SCUTHERN CALIFORNIA EDISON 65 21 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON . 72 79 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 85 24 AP - 00305736 1/12/20ll SOUTHERN CALIFORNIA EDISON 21 ll AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 142 92 AP - 00305736 1 /12/2011 SOUTHERN CALIFORNIA EDISON . 21 11 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 56 32 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON . ~ 1 26 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 38 IOS AP - 00305736 l/12/2011 SOUTHERN CALIFORNIA EDISON . 47.94 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 167 09 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON . 64 84 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON . ~~ 72 AP - 00305736 ]/12/20] 1 SOUTHERN CALIFORNIA EDISON 126.15 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 93 83 AP - 00305736 1/12/2011 SOUTHERN CALIFORNI4 EDISON . ~ 1 80 AP - 00305736 1/12/201 t SOUTHERN CALIFORNIA EDISON 47.20 AP - 00305736 1/12/201 I SOUTI-TERN CALIFORNIA EDISON 52 79 AP - 00305736 UL/2011 SOUTHERN CALIFORNIA EDISON . 46.71 AP - 00305736 1/12(2011 SOUTHERN CALIFORNIA EDISON 449.53 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 57 ~ I AP - 00305736 1/12!2011 SOUTHERN CALIFORNIA EDISON 311 48 AP - 00305736 1/12/2011 SOU'fHBRN CALIFORNIA EDISON 24 76 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 23 88 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON . 465 99 AP - 00305736 1/12120] 1 SOUTHERN CALIFORNIA EDISON . 23.26 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA ED150N 23 50 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON . 24.91 AP - 00305736 1!12/201 I SOUTHERN CALIFORNIA EDISON 21 35 AP - 00305736 1/12!20] 1 SOUTHERN CALIFORNIA EDISON 21 80 AP-00305736 1/12/2011 SOUTHERN CALIFORNIAEDISON . 48 20 AP - 00305736 1!121201 ] SOUTHERN CALIFORNIA EDISON . 71 142 AP - 00305736 Ui2/2011 SOUTHERN CALIFORNIA EDISON - 01/26/201 User: VLOPEZ -Veronica Lopez PaQe• 12 ~ ' Current Date: Time: 15:33:2 Report:CK_AGENDA_ REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA P -20 AEenda Check Re¢ister I/12/201] through 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 11,061.26 AP - 00305736 I/12/2011 SOUTHERN CALIFORNIA EDISON 67.48 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 21.91 AP - 00305736 1/12/201 I SOUTHERN CALIFORNIA EDISON 7,027.21 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 32.96 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 65.30 AP -00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 61.12 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 95.25 AP - 00305736 1/12201 ] SOUTHERN CALIFORNIA EDISON 0.24 AP - 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00305736 1/12/201 L SOUTHERN CALIFORNIA EDISON 2223 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 113.52 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 6825 AP - 00305736 I/12/2011 SOUTHERN CALIFORMA EDISON 132.69 AP-00305736 1/12/2011 SOUTHERN CALIFORNIAED[SON 37.30 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 102.75 AP - 00305736 1/12/2011 SOU"I'HERN CALIFORNIA EDISON 50.21 AP - 00305736 1/12/201 I SOUTHERN CALIFORNIA EDISON 14.05 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 0.54 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 68.65 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 48.55 AP - 00305736 I/12/2011 SOUTHERN CALIFORNIA EDISON 68.11 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 108.71 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 2,922.49 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 25.15 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 46.80 AP - 00305736 1/12/2011 SOUTHERN CALIFORNIA EDISON 21.80 AP - 00305736 1/12/201 I SOUTHERN CALIFORNIA ED]SON 26.99 AP - 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CK: Agenda Check Register Portrait Layout Time: 1533:2 CITY OF RANCHO CUCAMONGA P -24 Aeenda Check Reiister 1/12/20ll through 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00305778 1/12/2011 WORD MILL PUBLISHING 233. 33 AP-00305779 1/12/2011 YUCKOS 401. 00 AP - 00305780 1/13/2011 ABC LOCKSMITHS 35. 34 AP - 00305781 1/13/2011 AIRGAS WEST 22. 84 AP-00305?8l 1/13/2011 AIRGAS WEST 101. 44 AP - 00305783 V13/201 I B AND K ELECTRIC WHOLESALE 1,157. 84 AP - 00305786 1/13/201 I BRODART BOOKS 17. 61 AP - 00305786 1/13/2011 BRODART BOOKS 205. 00 AP-00305786 1/]3/2011 BRODARTBOOKS 967. 18 AP - 00305786 1/13/2011 BRODART BOOKS 152. 17 AP - 00305786 1/13/201 I BRODART BOOKS 58. 52 AP - 00305786 ]/13/2011 BRODART BOOKS 100. 56 AP - 00305786 1/13/2011 BRODART BOOKS 348. 43 AP - 00305786 ] /13/2011 BRODART BOOKS 66. 53 AP - 00305786 1/13/201 I BRODART BOOKS 17. 28 AP - 00305786 1/13/20] 1 BRODART BOOKS 40. 94 AP - 00305786 1/13/2011 BRODART BOOKS 29 34 AP - 00305786 1/13/201 ] BRODART BOOKS 14. 70 AP - 00305786 1/13/2011 BRODART BOOKS 246. 00 AP - 00305786 1/13/2011 BRODART BOOKS 34. 79 AP - 00305786 1/13/2011 BRODART BOOKS 48. 81 AP - 00305786 1/13/2011 BRODART BOOKS 6. 69 AP - 00305786 1/13/201 I BRODART BOOKS 103. 30 AP - 00305786 1/13/2011 BRODART BOOKS 4. 51 AP - 00305786 1/13/2011 BRODART BOOKS 9. 02 AP - 00305786 1/13/2011 BRODART BOOKS 42. 47 AP - 00305786 1/13/2011 BRODART BOOKS 31. 57 AP - 00305786 1/13/2011 BRODART BOOKS 17. 89 AP - 00305786 1/13/2011 BRODART BOOKS 126 .42 AP - 00305786 I/13/20ll BRODART BOOKS 62 .81 AP - 00305786 1/13/2011 BRODART BOOKS 49 .64 AP - 00305786 1/13/201 1 BRODART BOOIhS 49 .16 AP - 00305786 1/13/2011 BRODART BOOKS 22 .40 AP - 00305786 1!13/201 I BRODART BOOKS 4 .51 AP - 00305786 1/13/2011 BRODART BOOKS 4 .51 AP - 00305786 1/13/20 L1 BRODART BOOKS 313 .46 AP - 00305786 1/13/2011 BRODART BOOKS 272 .78 AP - 00305786 1/13/201 I BRODART BOOKS 13 .38 AP - 00305786 1/13/201 I BRODART BOOKS 4 .51 AP - 00305786 1/13/201 I BRODART BOOKS 43 .95 AP - 00305786 1/13/2011 BRODART BOOKS 90 .31 AP - 00305786 1/] 3/2011 BRODART BOOKS 13 .48 AP - 00305786 1/13/2011 BRODART BOOKS 74 .51 AP - 00305786 1/13/201 I BRODART BOOKS 14 .64 AP - 00305786 1/13/2011 BRODART BOOKS (54 .52 AP - 00305786 1/13/2011 BRODART BOOKS 4 .51 AP - 00305786 1113!2011 BRODART BOOKS 85 .75 AP - 00305786 1/13/201 I BRODART BOOKS 4 .51 AP - 00305786 1/13/2011 BRODART BOOKS 144 .60 AP - 00305786 1/13/2011 BRODART BOOKS 17 .64 AP - 00305786 1/13/2011 BRODART BOOKS 13 .78 AP - 00305786 1/13/2011 BRODART BOOKS 13 .78 AP - 00305786 1/13/2011 BRODART BOOKS .28 .74 AP - 00305'786 1113/2011 BRODART BOOKS (4 .68 Uscr: VLOPEZ -Veronica Lopez Page: 17 Current Date: 01/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:33:2 CITY OF R4NCH0 CUCAMONGA P -25 Agenda Check Register in2/2D11 througn 1r_sn_oll Check No. Check Date Vendor Name ~ Amount AP - 00305786 1/13/2011 BRODART BOOKS 33.19 AP - 00305786 (/13/2011 RRODART ROOKS 175.11 AP - 00305786 1/13/2011 BRODART BOOKS 16.95 AP - 00305786 1/13/2011 BRODART BOOKS 29.26 AP - D0305786 1/13/201 I BRODART BOOKS 172.59 AP - 00305786 1/13/2011 BRODART BOOKS 6.69 AP - 00305786 1/13/201 I BRODART BOOKS 60.36 AP-00305786 1/13/2D11 BRODARTBOOKS 1,701.35 AP - 00305786 1/]32011 BRODART BOOKS 10.17 AP - 00305786 1;1312011 BRODART BOOKS 16.63 AP-00305786 1/13/2011 BRODARTBOOKS 748.40 AP - 00305786 1113201 I BRODART BOOKS 20024 AP - 00305786 1/13/2011 BRODART BOOKS 17.61 AP - 00305786 1/13/2011 BRODART BOOKS 47.13 AP - 00305786 1/1312011 BRODART DOOKS 53.75 AP - 00305786 1/13/2011 BRODART BOOKS 24.43 AP - 00305786 1/13/2011 BRODART BOOKS 14.13 AP-00305786 1/]3/2011 BRODARTBOOKS 24.43 AP - 00305786 li 13/201 i BRODAAT BOOKS 1 1.20 AP - 00305786 1/13/2011 BRODART BOOKS 4.51 AP - 00305786 1!132011 BRODART BOOKS 4.51 AP - 00305', 86 1/132011 BRODART BOOKS 133.93 AP - 00305786 1/13/201 I BRODART BOOKS 16.95 AP - 00305786 1/13/2011 BRODART BOOKS 17.57 AP - 00305786 1/13/2011 BRODAR7' BOOKS 774.90 AP - 00305786 1/13201 l BRODART BOOKS 24.43 AP - 00305786 1/13/2011 BRODART BOOKS 29.32 AP - 00305786 1/13/201 I BRODART BOOKS 3122 AP - 00305786 1/13/2011 BRODART BOOKS 6.69 AP - 00305786 1/L3/2Dl 1 BRODART BOOKS 4.51 AP - 00305736 1/13/2011 BRODART BOOKS 4.51 AP - 00305786 1/13/2011 BRODART BOOKS 29.24 AP - 00305786 1/13/201 ] BRODART BOOKS 31.42 AP - 00305786 1/13/2011 BRODART BOOKS 313.49 AP - 00305786 1/13/2011 BRODART BOOKS 316.36 AP - 00305786 1/13/201 I BRODART BOOKS 4.51 AP - 00305785 1/13/201 ] BRODART BOOKS 4.51 AP - 00305786 1/132011 BRODART BOOKS 4.51 AP - 00305786 1/13/201 I BRODART BOOKS 430.63 AP - 00305786 1/13/2011 BRODART BOOKS 6.69 AP - 00305786 1/13/2011 BRODART BOOKS 6.69 AP-00305786 1/13/2011 BRODARTBOOKS 11.20 AP - 00305786 1!13201 I BRODART BOOKS 6.69 AP - 00305786 1/13/2011 RRODART BOOKS 17.57 AP - 00305786 1/13/2011 BRODART BOOKS 11.20 AP - 00305786 1/13/2011 BRODART BOOKS 17.89 AP - 00305786 1/13/201 I BRODART BOOKS 47.13 AP - 00305786 1/13/2011 BRODART BOOKS 4.51 AP - 00305786 1/13/2011 BRODART BOOKS 15.71 AP-00305786 1/13/2D11 BRODARTBOOKS 31.27 AP - 00305787 (/13/2011 CALSENSE 1,580.86 AP - 00305787 1/132011 CALSENSE 5,70727 AP - 00305787 1/132011 CALSENSE 1,:180.86 AP - 00305788 ]/132011 COMP U ZONE 85.00 User: VLOPEZ -Veronica Lopez Page: 18 Current Uate: 01/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: t 533:2 CITY OF RANCHO CUCAB40NGA P -26 Agenda Check ReLister 1/12/2011 through 1/28/2011 Checl: No. Check Date Vendor Name Amount AP - 00305788 1/13/2011 COMP U ZONE 170.00 AP - 00305788 1/13/201 t COMP U ZONE 85.00 AP - 00305788 1/l3/2011 COMP U ZONE 73.95 AP - 00305789 1/13/201 I CUCAMONGA VALLEY WATER DISTRICT 236.55 AP-00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 70.12 AP - 00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 87.79 AP - 00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 75.77 AP - 00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 70.04 AP - 00305789 .1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 245.72 AP - 00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 208.78 AP-00305789 1/13/2011 CUCAMONGAVALLEYWATERDISTRICT 1,301.(9 AP - 00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 139.31 AP - 00305789 1/]3/201 I CUCAMONGA VALLEY WATER DISTRICT 440.71 AP - 00305789 1/13/20] 1 CUCAMONGA VALLEY WATER DISTRICT 568.80 AP - 00305789 1/13/2011 CUCAMONGA VALLEY RATER DISTRICT 440.02 AP-00305789 I/13/2D11 CUCAMONGA VALLEY WATER DISTRICT 134.31 AP-00305789 1(1312011 CUCAMONGA VALLEY N+ATERDISTRICT 91.86 AP-00305789 1/I3/2011 CUCAMONGA VALLEY WATERDISTRIC? 47.97 AP - 00305789 1/13!2011 CUCAMONGA VALLEY WATER DISTRICT 47.97 AP - 00308789 1 /13/2011 CUCAMONGA VALLEY RATER DISTRICT 226.40 AP-00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 226.40 AP - 00305789 lll3/2011 CL'CAMONGA VALLEY RATER DISTRICT 322.67 AP-00305789 1/13/2011 CUCAMONGAVALLEYWATERDISTRICT 80.93 AP - 00305789 lll3/201 I CUCAMONGA VALLEY WATER DISTRICT 339.34 AP - 00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 75.55 AP-00305789 1/13/2011 CUCAMONGAVALLEYWATERDISTRICT 379.61 AP - 00305789 1/13/201 I CUCAMONGA VALLEY WATER DISTRICT 80.99 AP-00305789 1/13/2011 CUCAMONGAVALLEYWATERDISTRICT 57.79 AP - 00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 136.59 AP - 00305789 1/13/201 I CUCAMONGA VALLEY WATER DISTRICT 396.54 AP - 00305789 1;13/2011 CUCAMONGA VALLEY WATER DISTRICT 185.70 AP - 00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 207.24 AP-00305789 1/]3/2011 CUCAMONGAVALLEYWATERDISTRICT 374.99 AP-00305789 1/13/2011 CUCAMONGAVALLEYRATERDISTRICT 333.44 AP - 00305789 1/13/2011 CUCAMONGA VALLEY WATER DISTRICT 592.38 AP - 00305790 Ul3/201 I DAPPER TIRE CO 280.40 AP - 00305791 1/13/2D1 t DEKRA-CITE INDUSTRIES INC 105.78 AP - 00305791 1/13/2011 DEKRA-CITE INDUSTRIES INC 4,279.69 AP - 00305792 1/13/2011 EMCOR SERVICE 71.74 AP - 00305792 1/13/2011 EMCOR SERVICE 17,186.88 AP - 00305792 1/13/201 I EMCOR SERVICE 750.00 AP-00305793 1/13/20]1 EWTNGIRRIGATIONPRODUCTS 539.32 AP - 00305793 1/13/20ll EWING IRRIGATION PRODUCTS 798.65 AP - 00305793 1/13/2011 EWING IRRIGATION PRODUCTS 478.67 AP - 00305793 1/13/2011 EWING IRRIGATION PRODUCTS 243.06 AP - 00305793 1/13/201 I EWING IRRIGATION PRODUCTS 470.82 AP - 00305793 1/13/201 I EWING IRRIGATION PRODUCTS 324.77 AP - 00305794 1/13/2011 GENERATOR SERVICES CO 607.65 AP - 00305794 1113/20] 1 GENERATOR SERVICES CO 1,877.40 AP - 00305794 1/13/2011 GENERATOR SERVICES CO 436.81 AP - 00305795 I/13/2011 GOLF VENTURES WEST 69.52 AP - 00305796 1/ 13/2011 HOLLIDAY ROCK CO INC 80.00 AP-00305796 1/13/2011 HOLLIDAYROCKCOINC 1,780.43 AP - 00305796 1/13/2011 LIDAY ROCK CO INC HOL J _124.67 _ , User: VLOPEZ -Veronica Lopez __ Page: 19 Current Date: 0 112 6 /2 0 1 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:33:2 CITY OF RANCHO CUCAMONGA P -27 Agenda Check Register 1/12/2011 through 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00305796 1/13/2011 HOLLIDAY ROCK CO INC 50.00 AP - 00305796 1/13/2011 HOLLIDAY ROCK CO INC 986.25 AP - 00305796 1/13/2011 HOLLIDAY ROCK CO INC 150.00 AP - 00305796 1/13/2011 HOLLIDAY ROCK CO INC 658.08 AP - 00305796 1/13/2011 HOLLIDAY ROCK CO INC 629.04 AP - 00305797 UI3/2011 HUB CONSTRUCTION SPECIALITIES INC 357.57 AP - 00305798 1/13/201 I HYDROSCAPE PRODUCTS INC 27877 AP - 00305798 V 132011 HYDROSCAPE PRODUCTS INC 196.21 AP - 00305798 1/13/2011 HYDROSCAPE PRODUCTS INC 28.60 AP - 00305798 1/13/2011 HYDROSCAPE PRODUCTS INC 104.49 AP - 00305798 1!13/2011 HYDROSCAPE PRODUCTS INC 24.80 AP - 00305798 1 /13/2011 HYDROSCAPE PRODUCTS INC 37.03 AP - 00305799 1/13/2011 HYDROSCAPE PRODUCTS INC 33.31 AP - 00305800 1/13/201 I KONICA MINOLTA BUSINESS SOLUTIONS USA 1,555.00 AP-00305801 1/13/2011 NEC UNIFIED SOLUTIONS INC 1;097.00 AP - 00305802 1/13/2011 SUNRISE FORD 88.27 AP - 00305803 ]/13/2011 TRUGREEN LANDCARE 283.81 AP - 00305803 1/132011 TRUGREEN LANDCARE 2,334.69 AP - 00305804 1/13/2011 TRUGREEN LANDCARE 486.00 AP - 00305804 1/13/2011 TRUGREEN LANDCARE 600.00 AP - 00305804 ]/13/2011 TRUGREEN LANDCARE 175.00 AP - 00305804 1;132011 TRUGREEN LANDCARE ],100.00 AP - 00305804 1/13/201 I TRUGREEN LANDCARE ~ 530.00 AP - 00305804 1/13/2011 TRUGREEN LANDCARE 481.00 AP - 00305804 1/l3/2011 TRUGREEN LANDCARE 375.00 AP-00305804 ]/13/2011 TRUGREEN LANDCARE 1,051.00 AP - 00305804 1/13/2011 TRUGREEN LANDCARE 544.00 AP - 00305804 1/13/2011 TRUGREEN LANDCARE 113.00 AP-00305804 1/13/2011 TRUGREEN LANDCARE 250.00 AP - 00305804 1/13201 I TRUGREEN LANDCARE 45.00 AP - 00305804 1/13/2011 TRUGREEN LANDCARE 63.00 AP - 00305804 1/13/2011 TRUGREEN LANDCARE 70.00 AP - 00305804 1/13/2011 TRUGREEN LANDCARE 175.00 AP - 00305804 1/13/2011 TRUGREEN LANDCARE 2,520.00 AP-00305804 1/132011 TRUGREEN LANDCARE 15(.00 AP - 00305804 I / 132011 TRUGREEN LANDCARE 739.00 AP - 00305806 1/19/2011 A AND R TIRE SERVICE 392.64 AP -00305806 ]/19/2011 A AND R TIRE SERVICE 611.35 AP - 00305806 1/19/2011 A AND R TIRE SERVICE 247.89 AP - 00305806 1/19/201 1 A AND R TIRE SERVICE 10.48 AP - 00305806 1/19/2011 A AND R TIRE SERVICE 10.48 AP - 00305806 1/19201 I A AND R TIRE SERVICE 10.48 AP - 00305806 1/19/2011 A AND R TIRE SERVICE 20.96 AP - 00305806 1/19/2011 A AND R TIRE SERVICE 303.63 AP - 00305806 1/19/2011 A AND R TIRE SERVICE 10.48 AP-00305806 1/19/2011 AANDRTIRESERVICE 1,135.51 AP - 00305806 (/19/201 I A AND R TIRE SERVICE 1,195.68 AP - 00305806 1(19/2011 A AND R TIRE SERVICE 138.93 AP - 00305806 1/19/201 I A AND R TIRE SERVICE 10.48 AP - 00305806 1 /19/2011 A AND R TIRE SERVICE 100.91 AP - 00305806 ] /19/201 ] A AND R TIRE SERVICE 20.96 AP - 00305806 1/19/2011 A AND R TIRE SERVICE 10.48 AP - 00305806 1/19/201 l A AND R TIRE SERVICE 10.15 AP - 00305806 1/19/201 I A AND R TIRE SERVICE 10.48 Uscr: VLOPEZ-Veronica Lopez Page: 20 Report:CK_AGENDA_REG_PORTRA[T_RC - CK: Agenda Check Register Portrait Layout Current Date: 0126/201 Time: 15:33:2 CITY OF RANCHO CUCAMONGA P -28 Aeenda Check Reeister 1/]2/2011 through 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00305806 (/19/2011 A AND R TIRE SERVICE 560.76 AP - 00305806 1/19/2011 A AND R TIRE SERVICE 15.22 AP - 00305806 1/19201 I A AND R TIRE SERVICE 47.01 AP - 00305806 1/19/2011 A AND R TIRE SERVICE 20.96 AP - 00305806 1/19/2011 A AND R TIRE SERVICE 1,300. t 1 AP - 00305807 1/192011 A-BOMB PEST PROTECTION ]00.00 AP - 00305807 1/19/2011 A-BOMB PEST PROTECTION 50.00 AP-00305808 1/19/2011 Al AUTOMOTIVE 491.94 AP-00305808 I/19/2011 AI AUTOMOTIVE 121.03 AP-00305808 1/19/2011 Al AUTOMOTIVE 394.81 AP-00305808 1/19/2011 AIAUTOMOT]VE' 559.7] AP=00305808 1/19/20]1 AI AUTOMOTIVE ]06?5 AP - 00305809 !/19/2011 AA EQUIPMENT RENTALS CO INC 23S.E6 AP-00305810 1/192011 ABLETRONICS 54.07 AP - 00305811 1/192011 ACEY DECY EQUIPMENT INC. 308.84 AP - 00305812 1/19/201 I ADVANCED UTILITY SYSTEMS CORP. 25,184.78 AP - 00305813 1/19/201 I AIR R HOSE SOURCE INC. 174.09 AP - 00305814 1/19/201 I ALEXANDER, WILLIAM J 987.00 AP - 00305515 1/192011 ALL CITIES TOOLS 32.63 AP - 00305816 1/19/2011 ALLSTAR AIR CONDITIONING & HEATING 84.00 AP-00305817 1/19/2011 AD9TECHELEVATORSERVICES 250.37 AP - 00305817 1!192011 AMTECH ELEVATOR SERVICES 220,24 AP - 00305817 1!19/2011 AMTECH ELEVATOR SERVICES 256.06 AP-00305818 1/19/2011 ANEJA,ALKA 80.00 AP - 00305819 ~ 1/19/201 I APPLIED METERING TECHNOLOGIES INC 8,180.00 AP - 00305820 1/19/2011 ARAMARK UNIFORM SERVICES 6.70 AP - 00305821 1/19/2011 ARROW TRAILER SUPPLIES INC 77.97 AP-00305821 1/19/2011 ARROW TRAILER SUPPLIES INC 141.32 AP - 00305821 1!19/2011 ARROW TRAILER SUPPLIES INC L09 AP - 00305821 1/19/2011 ARROW TRAILER SUPPLIES INC 29.09 AP - 00305821 (/19/2011 ARROW TRAILER SUPPLIES INC 7.87 AP - 00305822 1/!9/2011 ASAP POWERSPORTS 44.00 AP - 00305822 1/19/2011 ASAP POWERSPORTS 280.00 AP - 00305822 1/19/2011 ASAP POWERSPORTS 98550 AP - 00305823 1/19/201 I AUTO RESTORATORS INC 4,858.65 AP - 00305824 1/19/201 I B AND K ELECTRIC WHOLESALE 74.40 AP - 00305826 1/19/201 I BAILEY CONSTRUCTION 60.00 AP - 00305827 1/19/201 l BALDY FIRE AND SAFETY 79.00 AP - 00305829 1/19/2011 BAUER, JOAN 100.00 AP - 00305830 1/19/2011 BILL AND WAGS INC 214.00 AP - 00305831 1/19/201 I BISHOP COMPANY 7.61 AP - 00305832 1/19/2011 BUQUET, CHARLES 987.00 AP-00305837 1/19/20ll CALPERS 25,412.40 AP - 00305839 1/19/2011 CHARTER COMMUNICATIONS 109.99 AP - 00305840 1/19/201 1 CHEMSEARCH 307.78 AP - 00305841 1/19/2011 CITY RENTALS 68.08 AP - 00305842 1/192011 CLEARWATER GRAPI{ICS 1,496.40 AP-00305843 1/192011 CMRTA 50.00 AP-00305844 1/19/2011 CNOA 75.00 AP-00305844 l/19/2011 CNOA 75.00 AP - 00305845 1/19/201 ] COAST RECREATION INC 1,832.69 AP - 00305847 1/19/201 I CONCEPT POWDER COATING - 759.00 AP - 00305848 1/19/2011 COVENANT SECIJRITY & PATROL 239.39 AP-00305849 1/192011 CRAFCOINC 799.16 User: VLOPEZ-Veronica Lopez Page: 21 Rcport:CK_AGENDA_REG_PORTRAIT_RC - CIC Agenda Check Register Pomait Layout Current Date: 01/26/201 Tinie: 15:33:2 CITY OF RANCHO CUCAMONGA P -29 Asenda Check Resister IIl2/2011 through 1/252011 Check No. Check Date Veudor Name Amount AP-00305849 1/192011 CRAFCOINC 77751 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 124.36 AP - 00305850 1/192011 CUCAMONGA VALLEY WA"CER DISTRICT 171.77 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 75.28 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 28727 AP - 00305850 1/19/2011 C'JCAMONGA VALLEY WATER DISTRICT 139.31 AP-00305850 1/19/2011 CUCAMONGAVALLEYWATERDISTRICT 27822 AP - 00305850 1/192011 CUCAMONGA VALLEY WATER DISTRICT 189.69 AP - 00305850 (/192011 CUCAMONGA VALLEY WATER DISTRICT 98.66 AP - 00305850 1/192011 CUCAMONGA VALLEY WATER DISTRICT 261.11 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 113.57 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 164.21 AP-00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 131.89 AP - 00305850 I/] 9/2011 CUCAMONGA VALLEY WATER DISTRICT 113.0 ] AP - 00305850 ]/19/2011 CUCAMONGA VALLEY WATER DISTRICT 342.67 AP - 00308850 1/19201 l CUCAMONGA VALLEY WATER DISTRICT 279.58 AP-00305850 1/192011 CUCAMONGAVALLEYWATERDISTRICT 128.52 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 6912 AP-00305850 1!192011 CUCAMONGA VALLEY WATER DISTRICT 45.53 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 256.49 AP - 00305850 !/19/2011 CUCAMONGA VALLEY WATER DISTRICT 33.40 AP - 00305850 1/192011 CUCAMONGA VALLEY WATER DISTRICT 502.60 AP - 00305850 1/19201 I CUCAMONGA VALLEY WATER DISTRICT 83.71 AP-00305850 1/19/2011 CUCAMONGAVALLEYWATERDISTRICT 182.01 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 141.05 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DLS'fRICT 86.69 AP - 00305850 1/192011 CUCAMONGA VALLEY WATER DISTRICT 41.54 AP - 00305850 1/19/201 ] CUCAMONGA VALLEY WATER DISTRICT 86.69 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 132.09 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 404.67 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT 39.16 AP - 00305850 ]/19/201 I CUCAMONGA VALLEY WATER DISTRICT 103.33 AP-00305850 1/19/2011 CUCAMONGAVALLEYWATERDISTR[CT 187.30 AP - 00305850 1/19/2011 CUCAMONGA VALLEY WATER DISTRICT ,81.81 AP - 00305850 ]/19/2011 CUCAMONGA VALLEY WATER DISTRICT 90.50 AP - 00305851 1/19/2011 D AND K CONCRETE COMPANY 777.57 AP - 00305851 1/19/2011 D AND K CONCRETE COMPANY 1,551.71 AP - 00305851 ]/19/2011 D AND R CONCRETE COMPANY 2,609.75 AP - 00305853 1/19/2011 DEALER ALTERNATIVE SOLUTIONS 295.13 AP - 00305853 1/19/2011 DEALER ALTERNATIVE SOLUTIONS 273.16 AP - 00305853 1/192011 DEALER ALTERNATIVE SOLUTIONS 93.35 AP-00305853 1/192011 DEALER ALTERNATIVE SOLUTIONS 1,297.74 AP - 00305853 1/19/2011 DEALER ALTERNATIVE SOLUTIONS 395.44 AP - 00305854 1/19/2011 DEE, CHRISTINE 250.00 AP - 00305855 1/19/2011 DEPARTMENT OF CONSUMER AFFAIRS 400.00 AP-00305857 1/19/2011 DUNRJEDWARDSCORPORATION 33.14 AP - 00305857 1/19/201 I DIINN EDWARDS CORPORATION 215.65 AP - 00305858 1/192011 DURICEL, CAROL 54.50 AP - 00305859 1/19/2011 E D M INDUSTRIES GROUP 110.01 AP - 00305860 1/(9/2011 ECONOMICS B; POLITICS INC. 1,500.00 AP - 00305861 1/19/2011 ENGRAVE N THINGS 39.12 AP - 00305862 1/19/2011 ENGRAVEN EMBROIDER'fHINGS 319.01 AP - 00305863 1/19/2011 F.A.M. II INC. 46.00 AP - 00305865 1/19/2011 FAMILY WORSHIP CENTER NEW BEGINNINGS 500.00 User: VLOPEZ -Veronica Lopez Page: 22 Current Date: 01/26/201 Repo rL•CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Timc: 15:33:2 CITY Or RANCHO CUCAMONGA P -30 Agenda Check Register 1/12/2011 through (252011 Check No. Check Date Vendor Name Amount AP - 00305866 1/19/2011 FEDERAL BUILDING SERVICES INC. 418.56 AP - 00305868 1/19/2011 FENCE CRAFT OF UPLAND INC 966.94 AP - 00305869 1/19/2011 FERGUSON ENTERPRISES INC #1350 251.52 ~AP - 00305870 1/19/2071 FLEET SERVICES INC. 177.39 AP - 00305870 1/192011 FLEET SERVICES INC. 17739 AP-00305871 1/19/2011 FOOTHILL FAMILY SHELTER 415.00 AP - 00305872 1119/2011 FORD OF UPLAND INC 388.43 AP - 00305872 ]/19/2011 FORD OF UPLAND INC 58.94 AP - 00305872 1!19/2011 FORD OF UPLAND INC 100.00 AP - 00305873 1/19/2011 FORD PRINTING AND MAILING INC 1,639.01 AP - 00305874 1/192011 FRAME ART 207.71 AP - 00305875 1/192011 FRAZEE PAINT CENTER 40.87 AP - 00305876 1/19/2011 G R: J AIRCRAFT 53.52 AP - 00305877 1/19/2011 G AND M BUSINESS INTERIORS 301 '19 AP - 00305878 1/19/2011 GARDENS LLC, THE 1,174.00 AP - 00305879 1/19/2011 GMR EVENTS 543.75 AP-00305880 1/19/2011 GONZALEZ,DAVID 987.00 AP - 00305881 1/19/2011 GO'T'HIC MOON PRODUCTIONS INC. 5,313.04 AP-00305882 1/19/2011 GRAINGER 110.21 AP-00305882 1/19/2011 GRAINGER 212.79 AP - 00305882 ll19/2011 GRAINGER 170.87 AP - 00305882 1/19/2011 GRAINGER 14.11 AP - 00305882 ] /19/2011 GRAINGER 118.20 AP-00305882 1/19/2011 GRAINGER 51.14 AP - 00305882 1!19/20] 1 GRAINGER 14.11 AP - 00305882 1/192011 GRAINGER 208.18 AP - 00305882 1/19/2011 GRAINGER '8.17 AP-00305882 1/19/2011 GRAINGER ~82.~6 AP - 00305882 1/19/2011 GRAINGER 87.11 AP - 00305882 Ul9/2011 GRAINGER 162.39 AP - 00305883 ]/192011 GREENWOOD'S UNIFORMS 708.17 AP - 00305884 1/19/2011 GRUNDEN, ROGER 590.00 AP - 00305885 1/19/2011 GUTIERREZ, REX 987.00 AP - 00305886 1/19/2011 HATRSTON, LUELLA 987.00 AP - 00305887 1/192011 HAWKINS, SHELLY 45.00 AP - 00305888 1/19/2011 HOME DEPOT CREDIT SERVICES 93.41 AP - 00305888 1/19201 I HOME DEPOT CREDIT SERVICES 30.83 AP - 00305888 1/19/2011 HOME DEPOT CREDIT SERVICES 20.49 AP - 00305888 1/19/2011 HOME DEPOT CREDIT SERVICES 45.35 AP - 00305888 1/19/2011 HOME DEPOT CREDIT SERVICES 2.92 AP - 00305888 1/19/2011 HOME DEPOT CREDIT SERVICES -3.65 AP - 00305888 1/19/2011 HOME DEPOT CREDIT SERVICES _ -8.34 AP - 00305888 1/19/2011 HOME DEPOT CREDIT SERVICES 35.40 AP - 00305888 1/19/2011 HOME DEPOT CREDIT SERVICES 43.43 AP - 00305889 1/19/2011 HOYT LUMBER CO., SM 195.74 AP - 00305890 1/19/2011 HUB CONSTRUCTION SPECIALITIES INC 357.57 AP - 00305891 1/19/201 I HUGHES, RANCE 13.50 AP - 00305892 1/19/2011 1 E L INVESTMENTS INC 26.53 AP - 00305893 1!19/2011 IMPRESSIONS GOURMET CATERING 299.06 AP - 00305894 1/19/2011 INDUSTRIAL TRUCK BODIES & EQUIP INC 500.00 AP - 00305894 1/19/20] 1 INDUSTRIAL TRUCK BODIES & EQUIP INC 798.38 AP - 00305896 1/192011 INLAND FAIR HOUSING AND MEDIATION BOAT 955.01 AP - 00305896 1/19/2011 INLAND FAIR HOUSING AND MEDIATION BOAT 831.99 AP - 00305898 1/192011 INLAND PRESORT & MAILING SERVICES _ IS7.34 User: VLOPEZ-Veronica Lopez Page: 23 Current Date: 0126/201 Report:CK_AGENDA _REG_PORTRA IT_RC - CK: Agenda Check Register Pomait Layout Timc: 15:33:2 CITY OF RANCHO CUCAMONGA P -31 AaP?tda Check Re2istcr 1/72/2011 through 1/2 512 0 1 1 Amoun[ Check No. Check Date Vendor Name AP - 00305898 1/19/2011 INLAND PRESORT & MAILING SERVICES 86.23 187 74 AP - 00305899 1/192011 INTERSTATE BATTERIES 66.22 AP - 00305899 1/19/2011 INTERSTATE BATTERIES 774 78 AP - 00305899 1/19/2011 INTERSTATE BATTERIES 74.92 AP - 00305900 1/19/201 I 1 J JILL GALBRAITH CONCRETE CONSTRUCTION J 40.50 AP - 00305901 ] 1/19/20 . 110.95 AP - 00305902 1!19/2011 JACKSON HIRSH [NC 4,550.00 AP - 00305904 1/] 9/201 I 7DC INC 4,900.00 AP - 00305904 1/192011 JDC INC LAW OFFICES OF ONES AND MAYER 6,728.44 AP - 00305905 1/19/201 ] , J 80.00 AP - 00305906 1/19/2011 JONES, ELYSE 55.78 AP - 00305907 1119/2011 KINGS EXPRESS INC 500.00 4 AP - 00305909 1/192011 LANCE SOLL AND LUNGHARD , 80.00 AP - 00305910 1/192011 LEACH, LAURA 38.36 AP - 00305912 1/19/2011 LIMS AUTO INC 38.36 AP - 00305912 1/19/2011 LIMS ALTO INC 38 36 AP - 00305912 1/1912011 LIMS AUTO INC 38.36 AP - 00305912 1/19/201 I LIMS AUTO INC 19.03 AP - 00305912 1/192011 LIIvSS AUTO INC X43 47 AP - 00305912 ]/19/2011 LIMS ALTO INC 54.89 AP - 00305912 1/(9/2011 LIMS AUTO INC 54.89 AP - 00305912 1;192011 LIMS AUTO INC 45.00 AP - 00305913 1/19/2011 LOEB, STEPHANIE 25.00 AP - 00305913 1/19/2011 LOEB, STEPHANIE 87 47 AP - 00305914 (/19/201 I LOS ANGELES FREIGHTLINER G5.07 AP - 00305914 1/19/2011 LOS ANGELES FREIGHTLINER 156.60 AP - 00305914 1/19/2011 LOS ANGELES FREIGHTLINER 36.55 AP - 00305915 1/ 19/2011 LOUIS AND COMPANY 155.83 AP - 00305915 1/19/2011 LOUIS AND COMPANY 745.52 AP - 00305915 1/19/2011 LOUIS AND COMPANY ~9~ 79 AP - 00305917 1/19/2011 MARCO EQUIPMENT CO 9p2.04 AP - 003059] 8 1/19/2011 MARIPOSA HORTICULTURAL ENT INC 623.46 AP - 00305918 1/19/2011 MARIPOSA HORTICULTURAL ENT INC 05 131 AP - 00305918 1/19/2011 MARIPOSA HORTICULTURAL ENT INC , 348.33 1 AP - 00305918 1/19/2011 MARIPOSA HORTICULTURAL ENT INC , 0 AP - 00305918 1/19/201 I MARIPOSA HORTICULTURAL ENT INC ~0~849. 75 AP - 00305918 1/19/201 ] MARIPOSA HORTICULTURAL ENT INC 14 L57 AP - 00305918 1/19/2011 MARIPOSA HORTICULTURAL ENT INC q 893,57 AP - 00305918 1/19/2011 MARIPOSA HORTICULTURAL ENT INC 511.22 5 AP - 00305918 I/l9/2011 MARIPOSA HORTICULTURAL ENT INC , 3 988,67 AP - 00305918 1/19/201 l MARIPOSA HORTICULTURAL ENT INC 1 910.52 AP - 003059! 8 1/19/2011 MARIPOSA HORTICULTURAL ENT INC , 197.13 12 AP - 00305918 1/19/2011 MARIPOSA HORTICULTURAL ENT INC , 754.44 3 AP - 00305918 1/192011 MARIPOSA HORTICULTURAL ENT INC , 304.52 AP - 00305918 1/19/2011 MARIPOSA HORTICULTURAL BNT INC 1 718 80 AP - 00305918 1/19/2011 MARIPOSA HORTICULTURAL ENT INC 24,00 AP-00305919 1/19/2011 MATHEWS,SHERYL 1,195.13 AP - 00305920 1/19/2011 MC TRUCKING 3 48 AP - 00305921 1/19/201 I MCFADDEN DALE I IARDWARE 1,350.00 AP - 00305922 1/191201 I MIJAC ALARM COMPANY 170.00 AP - 00305922 I/19/2011 MIJAC ALARM COMPANY MITSUBISH] ELECTRIC & ELECTRONICS USA R AP - 00305923 1/19/201 ] 65.00 AP - 00305924 1/1920] 1 MMASC 65.00 AP - 00305924 1/19/2011 MMASC i ____ Current Date: 01/26/201 User: VLOPEZ-Veronica Lopez ~ Page: 24 Timc: 15:33:2 Report:CK_AGENDA_ REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Lavout CITY OF RANCHO CUCAMONGA P -32 Benda Check Register 1/12/20] 1 through 1/25!2011 Check No, Check Date Vendor Name Amoun[ AP - 00305925 1/19/2011 MOUNTAIN VIEW SMALL ENG REPAIR 19.54 100.00 AP - 0030592G 1/!9(201 I Iv1tJNAR, DEBBY 292.54 AP - 00305929 1/19/2011 NAPA AUTO PARTS 302.25 12 AP - 00305930 1//9/2011 NINYO & MOORE , 05 291 AP - 00305931 1/19/2011 NORMAN SCHALL & ASSOCIATES . 200 00 AP - 00305932 1/19/201 I NORTHTOWN HOUSING DEVELOPMENT CORP. . 61.55 AP - 00305934 1(19/2011 OFFICE DEPOT 101.91 AP - 00305934 1/19/2011 OFFICE DEPOT ' 75.03 AP - 00305934 1/19/20/ 1 C OFFICE DEPO 12'44 AP - 00305934 I/] 9/201 l OFFICE DEPOT 36.83 AP - 00305934 1/19/2011 OFFICE DEPOT 2.8 ] AP - 00305934 1 / 19/201 I OFFICE DEPOT 28.17 AP - 00305934 1/19/201 I OFFICE DEPOT '7'0~ AP - 00305934 ]/19/2011 OFFICE DEPOT '28" 16 AP - 00305934 1/19/2011 OFFICE DEPOT 76.43 AP - 00305934 1/19/2011 OFFICE DEPOT 23.98 AP - 00305934 1/19/2011 OFFICE DEPOT 6''7 AP - 00305934 1/19!2011 OFFICE DEPOT -6.37 AP - 00305934 1/19/2011 OFFICE DEPOT 19.93 AY - UU305934 I/I9Y20i 1 OFFICE DEPOT 100.66 AP - 00305934 1/19/2611 OFFICE DEPOT 6.53 AP - 00305934 1/19,'201 I OFFICE DEPOT 120.83 AP - 00305934 1/19/2011 OFFICE DEPOT 88.66 AP - 00305934 1/19/201 I OFFICE DEPOT 158.10 AP - 00305934 1/19/20)1 OFFICE DEPOT 90'78 AP - 00305934 1/19/2011 OFFICE DEPOT 168.46 AP - 00305934 I/19/2011 OFFICE DEPOT 69.05 AP - 00305934 1/19/2011 OFFICE DEPOT 11.41 AP - 00305934 1/19/2011 OFFICE DEPOT 34.26 AP - 00305934 1/19/2011 OFFICE DEPOT 685.13 AP - 00305934 1/19/2011 OFFICE DEPOT 53.66 AP - 00305934 1/19/2011 OFFICE DEPOT 46.40 AP - 00305934 1/19/2011 OFFICE DEPOT 39.69 AP - 00305934 1/19/2011 OFFICE DEPOT 596.14 AP - 00305934 1//9/2011 OFFICE DEPOT 153.67 AP - 00305934 1/19/201 t OFFICE DEPOT 85 L81 1 AP - 00305934 1/19/201 I OFFICE DEPOT , 21'89 AP - 00305934 1/19/2011 OFFICE DEPOT 25.63 AP - 00305934 1//9/2011 OFFICE DEPOT 901.62 AP - 00305934 1//9/2011 OFFICE DEPOT 14.03 AP - 00305934 1/19/2011 OFFICE DEPOT 155.81 AP - 00305934 1/19/201 I OFFICE DEPOT -61.52 AP - 00305934 l/19/2011 OFFICE DEPOT 5.G 1 AP - 00305935 1/19/2011 OFFICE DEPOT 47 165 AP - 00305936 1/19/2011 ONTARIO R'INNELSON CO . 75.31 AP - 00305936 1/19/2011 ONTARIO WINNELSON CO 93 110 AP - 00305936 1 / 19/2011 ONTARIO WiNNELSON CO . ] 0 88 AP - 00305936 //19/2011 ONTARIO WINNELSON CO 06 12 AP - 00305936 1/19/2011 ONTARIO WINNELSON CO . 31 44 AP - 00305936 1/19/2011 ONTARIO WINNELSON CO . 4 70 AP - 00305936 1/l9/2011 ONTARIO WINNELSON CO 60 13 AP - 00305936 1/19/201 I ONTARIO WINNELSON CO . 123.01 AP - 00305937 1//9/2011 ONTRAC 2~ 68 AP - 00305937 1/19/2011 ONTRAC Current Date: 01/26/201 User: V LOPEZ -Vero nica Lopez Page: 25 Time: 15:33:2 Report:CK_AGENDA_ REG_PORTRA iT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA P -33 Agenda Check Register 1/12/2011 through 1/25!2011 Check No. Check Dale Vendor Name Amuunt AP - 00305937 1/19/201 t ONTRAC 103.83 . AP - 00305938 1/19/2011 OPARC SUMMIT SERVICES 250.00 AP - 00305939 1/19/201 I ORKIN PEST CONTROL 175.00 AP - 00305939 1/19/2011 ORKIN PEST CONTROL 1,458.46 AP - 00305940 1/192011 OWEN ELECTRIC INC 327.38 AP-00305941 l/]9/2011 PACIFICTELEMANAGEMENTSERVICES 3,825.00 AP - 00305942 1/19/2011 PATCHETT & ASSOCIATES 2,635.48 AP - 00305943 1 /19/2011 PATHFINDER ORGANIZATIONAL EFFECTIVENf 459.45 AP - 00305943 1/19/2011 PATHFINDER ORGANIZATIONAL EFFECTIVENf 3,700.00 AP - 00305944 1/19/2011 PEP BOYS 28.69 AP - 00305945 1/19/2011 PEPES TOWING SERVICE 55.00 AP - 00305945 1/19/2011 PEPES TOWING SERVICE 55.00 AP - 00305946 1/19/2011 PETERMAN LUMBER INC 227.32 AP - 00305947 1/l9/2011 FETES ROAD SERVICE INC 264.55 AP - 00305948 1/19/2011 PITASSI ARCHITECTS INC 1,147.50 AP - 00305949 1/19/201 I PORAC ~ 160.00 AP - 00305950 1/19/201 I PRO-PLANET 1NDUS'I'RIAL SUPPLY 543.83 AP - 00305950 1J19/2011 PRO-PLANET INDUSTRIAL SUPPLY 436.09 AP - 00305951 1/192011 PROJECT SISTER 777.00 AP - 00305952 1/192011 RANCHO SMOG CENTER 35.00 AP - 00305952 1/192011 RANCHO SMOG CENTER 35.00 AP - 00305953 1/192011 RAU, ED 10.00 AP - 00305954 1/19/201 ] RBM LOCK AND KEY SERVICE 74.49 AP - 00305956 1/19/2011 ftEY CREST ROOFING & WATERPROOFING CO 4,655.00 AP-00305957 1/19/2011 RJCHARDS WATSON AND GERSHON 1,593.60 AP - 00305957 1/192011 RICHARDS WATSON AND GERSHON 16.50 AP - 00305957 1/192011 RICHARDS WATSON AND GERSHON 60.00 AP - 00305957 1/192011 RICHARDS WATSON AND GERSHON 6,533.20 AP - 00305957 I/] 9/2011 RICHARDS WATSON AND GERSHON 16,257.53 AP - 00305957 1/192011 RICHARDS WATSON AND GERSHON 429.50 AP - 00305959 1/192011 ROBLES SR, RAUL P 115.00 AP - 00305959 1/19/2011 ROBLES SR, RAUL P 82.50 AP - 00305960 1/19/2011 RODRIGUE7_ INC, R Y 216.00 AP - 00305960 1/192011 RODRIGUEZ INC, R Y 279.00 AP-00305961 1/19/2011 CARSON,PETRIRODRIGUEZ- 118.63 AP - 00305962 1/19/2011 ROIvfERO, JOE 40.00 AP - 00305963 1/19/2011 RONSIN PHOTOCOPY INC 57.35 AP - 00305963 1/192011 RONSIN PHOTOCOPY INC 56.42 AP - 00305963 1/19/2011 RONSIN PHOTOCOPY ]NC 95.06 AP - 00305963 1/192011 RONSIN PHOTOCOPY INC 63.63 AP -00305964 1/19/201] SALMEN, DAVID 1 ].50 AP - 00305964 1/19/2011 SALMEN, DAVID 68.50 AP - 00305965 1/19/2011 SAMUEL FRENCH INC 1,200.00 AP - 00305966 1/192011 SAN ANTONIO COMMUNITY HOSPITAL 1,270.00 AP - 00305967 1/19201 I SAN BERNARDINO COUNTY SHERIFFS DEPT 142.00 AP - 00305967 1/]9/201 I SAN BERNARDINO COUNTY SHERIFFS DEPT 138.00 AP - 00305967 1/19/201 I SAN BERNARDINO COUNTY SHERIFFS DEPT 166.00 AP - 00305969 1/192011 SBCSD PUBLIC SAFETY REGIONAL TRAINING ( 1,010.00 AP - 00305970 1/192011 SEARING INDUSTRIES 25.11 AP - 00305971 1/192011 SEVILLANOS, LEONIDAS 25.00 AP - 00305972 1/19/2011 SIMPLOT PARTNERS 1,653.39 AP - 00305973 1/19/2011 SIMPSON, DELRON 80.00 AP - 00305974 1/19/2011 SMILE HEAVEN DENTAL 99.99 AP - 00305975 1/19/2011 SMOKE DETECTORS, THE 650.00 User: VLOPEZ -Veronica Lopez Page: 26 Current Date: 0126/201 Report:CK_AGENDA_ REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:33:2 CITY OF R4NCH0 CUCAMONGA P -34 As?enda Check Register 1/12/2011 through 1/25/2011 Check No. Check Date Vendor Name ~ Amount AP - 00305977 1/19/2011 SO CALIF GAS COMPANY 82 1.72 AP - 00305978 1/19/2011 SORIA, LOUIE 250.00 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 21.80 AP - 00305983 ]/19/2011 SOUTHERN CALIFORNIA EDISON 22.53 AP - 00305983 1/]9/20] 1 SOUTHERN CALIFORNIA EDISON 24.24 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 24.96 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 35.00 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 23.37 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 23.12 AP - 00305983 1 /19/2011 SOUTHERN CALIFORNIA EDISON 24.09 AP - 00305983 1/19/201 I SOUTHERN CALIFORNIA EDISON 2264 AP - 00305983 1/19/201 I SOUTHERN CALIFORNIA EDISON 22.64 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 50.75 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 64.99 AP - 00305983 1 /19/2011 SOUTHERN CALIFORNIA EDISON 57.05 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 22.23 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 76.83 AP - 00305983 1/19/20] 1 SOUTHERN CALIFORNIA EDISON 54.53 AP -00305983 l/19/3011 SOUTHERN CALIFORNIA EDISON 69.14 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 24.37 AP-00305983 ]/19/2011 SOUTHERNCALIFORN[AEDISON 22.53 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 23.37 AP - 00305983 1/19/201 ] SOUTHERN CALIFORNIA EDISON 55.85 AP - 00305983 1/]9/2011 SOUTHERN CALIFORNIA EDISON 41.88 AP - 00305983 1/19/20] 1 SOUTHERN CALIFORNIA EDISON 22.53 AP - 00305983 1/19/20] 1 SOUThERN CALIFORNIA EDISON 9988 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 74.60 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 34.34 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 23.41 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA ED[SON 22.53 AP - 00305983 1/19/201 ] SOUTHERN CALIFORNIA EDISON 22.53 AP - 00305983 1!19/201 I SOUTHERN CALIFORNIA EDISON 62.44 AP - 00305983 1/19/201 I SOUTHERN CALIFORNIA EDISON 21.84 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 23.37 AP - 00305983 1/19/201 ] SOUTHERN CALIFORNIA EDISON 23.30 AP - 00305983 1119!2011 SOUTHERN CALIFORNIA EDISON 22.53 AP - 00305983 1/19/2011 SOUTIERN CALIFORNIA EDISON 22.53 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 54.79 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 2126 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 22.64 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 339.06 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 45.90 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 32.51 AP-00305983 1/19/2011 SOUTHERN CALIFORNIAEDISON 233.18 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 43.62 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA ED[SON 28.55 AP - 00305983 1/] 9/2011 SOUTHERN CALIFORNIA EDISON 22.64 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 2768 AP - 00305983 1/19/20] I SOUTHERN CALIFORNIA EDISON 2257 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDtSON 2268 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 58.70 AP - 00305983 1/19/2011 SOUTI-[ERN CALIFORNIA EDISON 348.12 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 609.25 AP - 00305983 1/19/2011 SOUTHERN CALIFORMA EDISON __ _ ~ _546.89 User: VLOPEZ-Veronica Lopez Page: 27 .Current Date: 01/26/201 Report:CK_AGENDA_REG_PORTR AIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:332 CITY OF RANCHO CUCAMONGA P -35 Asrenda Check Register 1/]2/2011 through 1/25/2011 Check No. Check Dafe Ve_n_dor Name Amount AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 26.90 AP - 00305983 1 /19/201 1 SOUTHERN CALIFORNIA EDISON 25.68 AP - 00305983 1/19201 I SOUTHERN CALIFORNIA EDISON 29.48 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 31.69 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 5567 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA L-DISON 118.15 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 30.97 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 57.89 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 30.28 AP - 00305983 1/19/201 1 SOUTHERN CALIFORNIA EDISON 26.09 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 21.84 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 207.56 AP-00305983 1/19/2011 SOUTHERN CALIFORNIAEDISON ]20.01 AP-00305983 1/19/2011 SOUTHERNCAL[FORNIAEDISON 63.02 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 79.41 AP - 00305983 1/192011 SOUTHERN CALIFORNIA ED[SON 118?9 AP - 00305983 1/19201 I SOUTHERN CALIFORNIA EDISON 2223 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 21.26 AP - 00305983 1/19/201 I SOUTHERN CALIFORNIA EDISON 21.1 I AP - 00305983 1/19/201 1 SOUTHERN CALIFORNIA EDISON 21.26 AP-00305983 1/!9/2011 SOUTHERN CALIFORNIAEDISON 21.35 AP - C0305933 1/19/2011 SOUTHERN CALIFORNIA EDISON 2277 AP - 00305983 1/19/20] 1 SOUTHERN CALIFORNIA EDISON l 10.32 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 1,060.19 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 25.49 AP - 00305983 1/19/201 t SOUTHERN CALIFORNIA EDISON 103.50 AP - 00305983 1(19/201 I SOUTHERN CALIFORNIA EDISON 22.53 AP - 00305983 1/I9/2011 SOU"I1-(ERN CALIFORNIA EDISON 48.49 AP - 00305983 1/192011 SOUTHERN CALIFORNIA ED[SON 22.64 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 63.50 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 23.74 AP - 00305983 1/19/2011 SOUTHERN CAL[FOI2NIA EDISON 21.84 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 22.53 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 115.07 AP - 00305983 1/l9/2011 SOUTHERN CALIFORNIA EDISON 520.33 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 183.98 AP - 00305983 1/19/2011 SOU'PHF,RN CALIFORNIA EUISON 23.12 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 151.46 AP - 00305983 ]/19/2011 SOUTHERN CALIFORNIA EDISON 56.53 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDiSON 118.89 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 126.57 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDiSON 21.84 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 79.06 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 158.36 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 94-51 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 22.96 AP - 00305983 1/19/2011 SOUTHERN CALIFORNIA EDISON 7229 AP - 00305983 (/19201 ] SOUTHERN CALIFORNIA EDISON 1,308.19 AP - 00305983 1/19/201 ] SOUTIERN CALIFORNIA EDISON 96.15 AP - 00305983 1/19/201 I SOUTHERN CALIFORNIA EDISON 47.83 AP - 00305983 1/]9/2011 SOUTHERN CALIFORNIA EDISON 21.84 AP - 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LA 36.97 AP - 00306014 1 /19/2011 VER[ZON WIRELESS - LA 38.68 AP - 00306014 1/]9/2011 VERIZON WIRELESS • LA 42.18 AP-00306014 1/19/2011 VERTZONWIRELESS-LA 42.18 AP-00306014 1/19/2011 VERIZONW[RELESS-LA 42.18 AP - DD306014 1/19/2D1 ] VERIZON WIRELESS - LA 42.18 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 42.18 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 42.18 AP - 00306014 1/19/201 I VERIZON WIRELESS - LA 37.07 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 40.13 AP - 00306014 1/19/2011 VERIZON WIRELESS - I-A 38.01 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 74.96 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 39.18 AP - 00306014 1/19/201 l VERIZON WIRELESS - LA 39.18 AP - 00306014 1/19/201 I VERIZON WIRELESS - LA 39.18 AP-00306014 lil9/2011 VERIZONW[RELESS-LA 62.93 AP - 00306014 ]/19!2011 VEALZON WIRELESS - LA 7238 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 64.92 AP - 0030b014 I/19YL011 VERIZON WIRELESS - LA 63.92 AP - 00306014 (/19/201 I VERIZON WIRELESS - LA 63.12 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 37.18 AP - 00306014 ]/19/2011 VERIZON WIRELESS - LA, 44.80 AP - 00306014 1/19/201 t VERIZON WIRELESS - LA 36.19 AP - 003060]4 1/19/201 I VERIZON WIRELESS - LA 57.74 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 59.78 AP - 00306014 l/19/2011 VER[ZON WIRELESS - LA 59.82 AP - 00306014 1/19/201 I VERIZON WIRELESS - LA 59.68 AP - 00306014 1!19/2011 VERIZON WIRELESS - LA 59.70 AP - 00306014 1/19120] 1 VERIZON WIRELESS - LA 59.68 User: VI,OPEZ -Veronica Lopez Page: 33 Current Date: 01/26/201 Report:CK_AGEN'D.A_REG_PORTRAI P_RC - CK: Agenda Check Register Porhait Layou[ Time: 1533:2 CITY OF RANCHO CUCAMONGA P -41 A>;ende Check Re;:ister 1/l2/2011 through 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00306014 1/] 9/2011 VERIZON WIRELESS - LA 63.94 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 37.00 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 60.01 AP - 00306014 1/19/201 I VERIZON WIRELESS - LA 67.73 AP-00306014 1/19/2011 VERIZONWIRELESS-LA 36.29 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 36.19 AP - 00306014 1/19/201 I VERIZON WIRELESS - LA 36.19 AP-00306014 1/19/2011 VERIZON WIRELESS-LA 36.19 AP - 00306014 1/19/201 I VERIZON WIRELESS • LA 36.19 AP - 00306014 1/19/201 I VERIZON WIRELESS - LA 30.43 AP - 00306014 1/t9/2011 VERIZON WIRELESS - LA 36.19 AP - 00306014 1/19/2011 VERIZON WIRELESS - LA 44.58 AP - 00306014 1/19/201 I VERIZON WIRELESS - LA 36.19 AP - 00306014 !/19/2011 VERIZON WIRELESS - LA 36.19 AP - 00306014 1/19/201 I VER[ZON WIRELESS - LA 3633 AP - 00306014 1/19!201 I VERIZON WIRELESS - LA 36.49 AP - 00306014 1/19/20] I VERIZON WIRELESS - LA 36.19 AP-00306014 1/19/2011 VERIZONWIRELESS-LA 44.58 AP - 00306014 1/l9/2011 VERIZON WIRELESS - LA 44.58 AP - 00306016 1/19!2011 Veri2on 29.44 AP-00306017 1/19/20]1 VERIZON 76.86 AP-00306017 1/14/2011 VERIZON 18'72 AP-00306017 1/19/2011 VERIZON 1,516.51 AP - 00306017 1/19/2011 VERIZON 39.00 AP-00306017 1/19/2011 VERIZON 39.66 AP-00306017 1/19/2011 VERIZON 38.98 AP-00306017 1/19/2011 VERIZON 38.43 AP - 00306017 1/19!2011 VERIZON 38.43 AP - 00306017 1/19/2011 VERIZON 109.92 AP - 00306017 1/19/2011 VERiZON 77'61 AP - 00306017 1/19/2011 VERIZON 20.16 AP-00306017 1/19/2011 VERIZON 38.43 AP-00306017 1/19/2011 VERIZON 57.93 AP - 00306017 ]/192011 VERIZON 74.65 AP - 00306017 1/!9/2011 VERIZON 38.43 AP-00306017 1/19/2011 VERIZON 38.53 AP-00306017 1/19/201! VERIZON 3724 AP-003060!7 1/19/2011 VERIZON 18.06 AP-00306017 1/19/2011 VERIZON 364.74 AP - 00306017 (/19/2011 VERIZON 168.43 AP - 00306017 1/19/2011 VERIZON 37'24 AP - 00306017 1/19/2011 VERIZON 95.58 AP - 00306017 1/19/201 I VERIZON 38.43 AP-00306017 1/19/2011 VERIZON 41933 AP-00306017 1/19/2011 VERIZON 135.98 AP - 00306017 1/19/201 I VERIZON 186.93 AP-00306017 1/19/20]1 VERIZON 52'72 AP-00306017 1/19/2011 VERIZON 87.90 AP - 00306017 1/192011 VERIZON 475.75 AP - 00306018 1/19/201 I VITCO DISTRIBUTORS INC 292.0 AP - 00306019 1/192011 WALTERS WHOLESALE ELECTRIC CO 117.45 AP - 00306019 1/19/2011 WALTERS WHOLESALE ELECTRIC CO 750.42 AP - 00306019 1/19/201 I WALTERS WHOLESALE ELECTRIC CO 10631 nu_mm~Fnto vt4i9ntt Wa1,TF,RSWHOLESALEELECTRI000 602.40 User:VLOPE2-Veronica Lopez Page: 34 Currentua[e: vv~oi:,vi Report:CK_AGENDA_REG_PORTRAI7-_RC - CK: Agenda Check Register Portrait Layout Time: 15:332 CITY OF I2ANCH0 CUCAMONGA P -42 Agenda Check Register 1/12!2011 through 1/25/2011 Check No. Check Date Vcndor Name ~ Amount AP - 00306019 1/19/2011 WALTERS WHOLESALE ELECTRIC CO 840.59 AP - 00306019 1!19/2011 WALTERS WHOLESALE ELECTRIC CO -494.31 AP - 00306019 1/19/201 I WALTERS WHOLESALE ELECTRIC CO -615.37 AP - 00306019 1/19Y201 I WALTERS WHOLESALE ELECTRIC CO 305.28 AP - 00306019 1/19!2011 WALTERS WHOLESALE ELECTRIC CO 721.67 AP - 00306019 1./19/2011 WALTERS WHOLESALE ELECTRIC CO 494.31 AP - 00306019 1/19/201 I WALTERS WHOLESALE ELECTRIC CO 359.26 AP - 00306019 1/19/2011 WALTERS WHOLESALE ELECTRIC CO 129.14 AP - 00306019 1/19;2011 WALTERS WHOLESALE ELECTRIC CO 837.89 AP - 00306019 1/19/2011 WALTERS WHOLESALE ELECTRIC CO 51.41 AP - 00306019 1/19/201 I WALTERS WHOLESALE ELECTRIC CO 89.97 AP - 00306020 1/19/2011 WAXIE SANITARY SUPPLY 73.67 AP - 00306020 1/19/2011 WAXIE SANITARY SUPPLY 18.05 AP - 00306020 1/19/2011 WAXIE SAM'I'ARY SUPPLY 36.21 AP - 00306020 Vl9/2011 WAXIE SANITARY SUPPLY ~ 595.56 AP - 00306021 1/19/201 l WESCO RECEIVABLES CORP 2,718.75 AP - 00306021 1/19/2011 WESCO RECEIVABLES CORP 438.2 AP - 00306022 1/19/201 l WEST PAYMENT CENTER 321.00 AP - 00306023 1/19/2011 WEST SANITATION SFRVICES INC 370.10 AP - 00306023 1/19/2011 WEST SANITATION SERVICES INC 32850 AP - 00306026 1/19/2011 WESTRUX INTERNATIONAL INC 3,171.53 AP - 00306027 1/19/2011 WILSON AND BELL 83.75 AP - 00306027 1/19/2011 WILSON AND BELL 179.76 AP - 00306027 1!19/2011 WILSON AND BELL 96.19 AP - 00306028 1/19/2011 YORK INDUSTRIES 22838 AP - 00306029 1/19/2011 YORK INSURANCE SERVICES GROUP INC 11,986.62 AP - 00306030 1!19/2011 ZUMAR INDUSTRIES INC 11.42 AP - 00306034 1/20/201 I BRODART BOOKS 23.53 AP - 00306034 1/20/201 I BRODART BOOKS 570.02 AP - 00306034 1/20/2011 BRODART BOOKS 283.45 AP - 00306034 1/20/201 I BRODART BOOKS 149.77 AP - 00306034 1/20/2011 BRODART BOOKS 17.61 AP - 00306034 1/20/201 I SRODART BOOKS 375.68 AP - 00306034 1/20/2011 BRODART BOOKS 475.26 AP - 00306034 1/20/2011 BRODART BOOKS 43.43 AP - 00306034 1/20/2011 BRODART BOOKS 30.29 AP - 00306034 1/20/2011 BRODART BOOKS 26.80 AP - 00306034 1/20/2011 BRODART BOOKS 8.80 AP - 00306034 1/20/2011 BRODART BOOKS 190.30 AP - 00306034 1/20/201 I BRODART BOOKS 14.69 AP - 00306034 1/20/2011 BRODART BOOKS 78.21 AP - 00306034 1/20/2011 BRODART BOOKS 31.04 AP - 00306034 1/20/2011 BROllART BOOKS ~ 14.70 AP - 003D6034 1/20/2011 BRODART BOOKS 16.03 AP - 00306034 1/20/201 I BRODART BOOKS 162.18 AP - 00306034 1/20/2011 BRODART BOOKS 41.02 AP - 00306034 1/20!20] 1 BRODART BOOKS 14:10 AP - 00306034 1/20/201 I BRODART BOOKS 14.70 AP - 00306034 1/20/2011 BRODART BOOKS 14.14 AP - 00306034 1/20/2011 BRODART BOOKS 12.97 AP - 00306034 1/20/2011 BRODART BOOKS 296.07 AP - 00306034 1/20Y1011 BRODART BOOKS 34.26 AP - 00306034 1/20/2011 BRODART BOOKS 29.36 eu _ nn3nFn2a 1/20/2011 BRODART BOOKS 87.95 User: VLOPEZ -Veronica Lopez Page: 35 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Current Date: 0126201 Time: 15:33:2 CITY OF RANCHO CliCAMONGA P -43 Agenda Check Reeister 1/12/2011 through 1/25/2011 Amoun[ Check No. Check Date Vendor Name 14.67 AP - 00306034 1/20/2011 BRODART BOOKS 39.06 AP - 00306034 1/20/2011 BRODART BOOKS 29 34 AP - 00306034 1!20!2011 BRODART BOOKS 4.51 AP - 00306034 1/20/2011 BRODART BOOKS 4.51 AP - 00306034 1/20/2011 BRODART BOOKS 26.76 AP - 00306034 1/20/2011 BRODART BOOKS 31 j.S9 AP - 00306034 120/2011 IIRODART BOOKS 117.31 AP - 00306034 1/20/2011 BRODART BOOKS 9.02 AP - 00306034 I/20/2011 BROllART BOOKS 4 51 AP - 00306034 1/20/2011 BRODART BOOKS 49.65 AP - 00306034 1!20/2011 BRODART BOOKS 4.51 AP - 00306034 1/20/2011 BRODART BOOKS 184.85 AP - 00306034 1/20/2011 BRODART BOOKS 187 18 AP - 00306034 1/20/2011 BRODART BOOKS 6.69 AP - 00306034 L/2020] 1 BRODART BOOKS 4 jl AP - 00306034 t/20/2011 BRODART BOOKS 4.51 AP - 00306034 I/20/2011 BRODART BOOKS 11.20 AP - 00306034 1/20/2011 BRODART BOOKS 13.53 AP - 00306034 1/20/201 I BRODART BOOKS 4.51 AP - 00306034 i/20/2611 BROllART BOOKS 4 51 AP - 00306034 1/20/2011 BRODART BOOKS 9.02 AP - 00306034 1/20/20] 1 BRODART BOOKS 4.51 AP - 00306034 1/202011 BRODART BOOKS 69.83 AP - 00306034 1 /20/201 I BRODART BOOKS 4 5 1 AP - 00306034 120/2011 BRODART BOOKS 9.02 AP - 00306034 1/202011 BRODART BOOKS 4.51 AP - 00306034 120/201 I IIRODART BOOKS 33.45 AP - 00306034 1/202011 BRODART BOOKS 4.51 AP - 00306034 1/20/2011 BRODART BOOKS 11 20 AP - 00306034 1/20/201 ] BRODART BOOKS 9.02 AP - 00306034 1/20/2011 BRODART BOOKS 76.52 AP - 00306034 1/20/2011 BRODART BOOKS 23.53 AP - 00306034 1/20/2011 BRODART BOOKS 311.79 AP - 00306034 1/20/2011 BRODART BOOKS 514.SS AP - 00306034 1/20/2011 BRODART BOOKS l 53.24 AP - 00306034 1202011 BRODART BOOKS 317 35 AP - 00306034 120/2011 BRODAR'C BOOKS 43.43 AP - 00306034 1202011 BRODART BOOKS 30.29 AP - 00306034 1/20/201 I BRODART BOOKS 2623 AP - 00306034 1/20/201 i BRODAR'C BOOKS S 80 AP - 00306034 1/20/2011 IIRODART BOOKS 246.77 AP - 00306034 L/202011 BRODART BOOKS 17.61 AP-00306034 1/202011 BRODARTBOOICS ]6.38 AP - 00306034 1/20/2011 BROD.ART BOOKS j 12 AP - 00306034 1/20/201 I BRODART BOOKS 14.69 AP - 00306034 1/20/2011 BRODART BOOKS 39 32 AP - 00306034 1/202011 BRODART BOOKS 3221 AP - 00306034 1/20/2011 BRODART BOOKS 102.80 AP - 00306034 1/20/2011 BRODART BOOKS I l2 93 AP - 00306034 ]/2012011 BRODART BOOKS 14 68 AP - 00306034 1/202011 BRODART BOOKS 74.34 AP - 00306034 1/2020] 1 BRODART BOOKS 43.51 AP - 00306034 1 /20/20 L I BRODART BOOKS 34.26 AP-00306034 1/20/2011 BRODARTBOOKS_ _____ __ _ Current Date: 01/26/201 User: VLOPEL-Veronica Lopez Page: 36 Time: 15:33:2 Report:CK_AGENDA_ REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout CITY OF RANCHO CUCAMONGA P -44 Agenda Check Res=ister 1/12/2011 through 1/25/2011 Check No. Check Dale Vendor Name Amouni AP - 00306034 1/20/201 1 BRODART BOOKS 259.74 AP - 00306034 1/20/201 1 BRODART BOOKS 23.45 AP - 00306034 1/20/2011 BRODART BOOKS 117.03 AP - 00306034 1/20/201 I BRODART BOOKS 34.26 AP - 00306034 1/20/201 I BRODART BOOKS 15.62 AP - 00306034 1/20!201 I BRODART BOOKS 107.48 AP-00306034 1/20/2011 BRODARTBOOKS 45.7] AP - 00306034 1/20/2011 BRODART BOOKS 4.51 AP - 00306034 1/20/2011 BRODART BOOKS 299.85 AP - 00306034 1/20/2011 BRODART BOOKS 126.33 AP - 00306034 1/20!2011 BRODART BOOKS 11.20 AP - 00306034 1/20/2011 BRODART BOOKS 1120 AP - 00306034 1/20/2011 BRODART BOOKS 4.51 AP - 00306034 1/20/201 I BRODART BOOKS 6.69 AP - 00306034 1/20/2011 BRODART BOOKS 62.99 AP - 00306034 1/20/201 I BRODART BOOKS ] 48.73 AP - 00306034 1/20/2011 BRODART BOOKS 4.51 AP - 00306034 1/20/2011 BRODART BOOKS 24.58 AP - 00306034 1/20/2011 BAODART BOOKS 6.69 AP - 00306034 1/2012011 BRODART BOOKS 13.53 AP - 00306034 1/20/2011 BRODART BOOKS 21.31 AP - 00306034 1/20/2011 BRODART BOOKS 9.02 AP-00306034 1/20/20]] BRODARTBOOKS 4.51 AP - 00306034 1/20/2011 BRODART BOOKS 9.02 AP - 00306034 1/20/2011 BRODART BOOKS 17.89 AP - 00306034 I/20f2011 BRODART BOOKS 7222 AP - 00306034 1/20/2011 BRODART BOOKS 4.51 AP - 00306034 1/2012011 BRODART BOOKS 60.81 AP - 00306034 1/20/2011 BRODART BOOKS 4.51 AP - 00306034 1/20/2011 BRODART BOOKS 4.51 AP - 00306034 l/20!2011 BRODART BOOKS 22.40 AP - 00306034 1/20/2011 BRODART BOOKS 4.5 ] AP - 00306034 1/20/201 I BRODART BOOKS 6.69 AP - 00306034 1/20/2011 BRODART BOOKS 37.96 AP - 00306034 1/20/2011 BRODART BOOKS 13.53 AP - 00306035 1/20/2011 INLAND VALLEY DAILY BULLETIN 439.00 AP - 00306035 1/20!2011 INLAND VALLEY DAILY BULLETIN 40820 AP - 00306035 1/20!20] I INLAND VALLEY DAILY BULLETIN 439.00 AP - 00306035 1/20!2011 INT.AND VALLEY DAILY BULLETIN 965.40 AP - 00306035 1/20/2011 INLAND VALLEY DAILY BULLETIN 374.60 AP - 00306035 !/20/2011 INLAND VALLEY DAILY BULLETIN 317.20 AP - 00306035 1/20/201 l INLAND VALLEY DAILY BULLETIN 377.40 AP - 00306036 1/20!201 I ICONICA MINOLTA BUSINESS SOLUTIONS USA 12.00 AP - 00306036 1/20/201 ] hONICA MTN'OLTA BUSINESS SOLUTIONS USA 1,256.50 AP - 00306036 (/20/2011 ICONICA MINOLTA BUSINESS SOLUTIONS USA 547.76 AP - 00306036 1/20/2011 KONICA MINOLTA BUSINESS SOLUTIONS USA 905.02 AP - 00306037 1/20/2011 SUNRISE FORD 162.54 AP - 00306038 1/20/201 I TRUGREEN LANDCARE 231.18 AP-00306038 1/20/2011 TRUGREEN LANDCARE 1,148.09 AP - 00306038 1/20/2011 TRUGREEN LANDCARE 3,627.26 AP - 00306038 1/20/201 I TRUGREEN LANDCARE 91.26 AP - 00306038 1/20/201 I TRUGREEN LANDCARE 1,52239 .4P - 00306038 1/20/201 i TRUGREEN LANDCARE 2,506.35 AP - 00306038 I/20/201 I TRUGREEN LANDCARE 2.894.64 User: VLOPEZ -Veronica Lopez Page: 37 Current Date: 01/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Pomait Layout Time: 15:33:2 CITY OF RANCHO CUCAMONGA P -45 Agenda Check Resister 1/12/2011 though 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00306038 1/20/201 t TRUGREEN LANDCARE 6,872.39 AP - 00306039 1/20/201 ] WSA US GUARDS CO INC 6,665.39 AP - 00306039 1/20/2011 WSA US GUARDS CO INC 4,664.40 AP - 00306039 1/20/2011 WSA US GUARDS CO INC 3,978.11 AP - 00306039 1/20/2011 WSA US GUARDS CO INC 1,81 L24 AP - 00306039 1/20/2011 WSA US GUARDS CO INC 6,428.02 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT ~ 14.31 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 957.59 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 18.18 AP - 00306043 ]/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 17.50 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 354.00 AP - 00306043 l/35/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 2,295.00 AP - 00306043 I/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 18.40 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 17.33 AP - 00306043 (/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT -4,187.00 AP - 00306043 1 /25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 54.60 AP - 00306043 1/25/201 ] CALIFORNIA BOARD OF EQUALIZATION, STAT 16.18 AP • 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 13.03 AP - 00306043 1/25/2011 CALIFORNIA BOARD OP EQUALIZATION, STAT 2.45 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, S'1'A'f 6.07 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 16.10 AP - 00306043 1/25/20] l CALIFORNIA BOARD OF EQUALIZATION, STAT 10.49 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 13.54 AP - 00306043 ]/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 14.29 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2.80 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 3.50 AP - 00306043 ]/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 3.50 AP - 00306043 1/25/201 ] CALIFORNIA BOARD OF EQUALIZATION, STAT 2.89 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 1.92 AP - 00306043 (/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 6.30 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 629 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 3.06 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 10.94 AP - 00306043 l/25!2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2.19 AP - 00306043 (/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 2.18 AP - 00306043 1/25/201 t CALIFORNIA BOARD OF EQUALIZATION, STAT 3.99 AP - 00306043 1/25/201 l CALIFORNIA BOARD OF EQUALIZATION, STAT 6.01 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2.62 AP - 00306043 1/25!201 ! CALIFORNIA BOARD OF EQUALIZATION, STAT 2.63 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.95 AP - 00306043 ]/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.94 AP - 00306043 U25l201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 4.81 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 324 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 20.17 AY - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 80.89 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 4.11 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 7.00 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 4.81 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2.62 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2.63 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 11.02 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 8.75 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 6.09 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 3.98 User: VLOPEZ -Veronica Lopez Page: 38 Current Date: 01/26/201 Report:CK_AGENDA_REG_PORTRAI T_RC - CK: Agenda Check Register Portrait Layout Time: 15:33:2 CITY OF RANCHO CUCAMONGA P -46 Agenda Check Register 1./12/2011 through 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 8.31 AP - 00306043 (/25/2011 CALIFORNIA AOARD OF EQUALIZATION, STAT 6.12 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 1.05 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 1.05 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 4.67 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 3.76 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 3.85 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 3.85 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 1.96 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.86 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.86 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 0.87 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 7.43 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 7.44 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 7.18 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 13.04 AP - 00306043 1/25/201 l CALIFORNIA BOARD OF EQUALIZATION, STAT 3.57 AP - 00306043 1/25/?011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5. t4 AP - 00306043 ] x'25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 3.85 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 3.85 AP - 00306043 1/25/20! 1 CALIFORNIA BOARD OF EQUALIZATION, STAT 6.12 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 8.14 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.95 AP - 00306043 ]125/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 5.94 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 12.60 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 17.32 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 13.47 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 7.03 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 8.22 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 8.05 AP - 00306043 (/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.94 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.68 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 1.68 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.07 AP - 00306043 I /25/201 l CALIFORNIA BOARD OF EQUALIZA'C10N, STAT 1.02 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 830 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 6.56 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 3.32 AP - 00306043 I/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 2.19 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2.18 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 7.87 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 7.87 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 2.19 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 4.02 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 4.99 AP - 00306043 1/25/201 l CALIFORNIA BOARD OF EQUALIZATION, STAT 7.09 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 10.32 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2.01 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.07 AP - 00306043 ]125/20] 1 CALIFORNIA BOARD OF EQUALIZATION, STAT 7.18 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 25.94 AP - 00306043 1/25/2011 CALIFOIL\IA BOARD OF EQUALIZATION, STAT -1.75 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 8.29 AP - 00306043 1/25/20] I CALIFORNIA BOARD OF EQUALIZATION, STAT _ 5.77 _ User: VLOPEZ -Veronica Lopez Page: 39 Current Date: 01/26/201 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 1533:2 CITY OF RANCHO CUCAMONGA P -47 Agenda Check Register 1/12/2011 through 1/25/2011 Check No. Check Date Vendor Name Amount AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 5.77 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION', STAT 2.62 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2.63 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2.10 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 0.87 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 18.56 AP - 00306043 V25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 1.75 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 68.25 AP - 00306043 1 /25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 2.62 AP - 00306043 1/25/2011 CALIFORN]A BOARD OF EQUALIZATION, STAT 3.50 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 3.50 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 1.12 AP - 00306043 1/25/201 I CALIFORNIA BOARD OF EQUALIZATION, STAT 1.12 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 2.10 AP - 00306043 1/25/201 l CALIFORNIA BOARD OF EQUALIZATION, STAT 2.10 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 22.56 AP - 00306043 1/25/2011 CALIFORNIA BOARD OF EQUALIZATION, STAT 21.61 Total for Check ID AP: 1,519,158.32 EP - 00001554 1/12/2011 ASTRUM UTILITY SERVICES 7,512.50 EP - 00001555 1/12/201 I CALIF GOVERNMENT VEBA/RANCHO CUCAMC 1,125.00 EP - 00001555 1/12!201 I CALIF GOVERNMENT VEBA/RANCHO CUCAMC 49,601.31 EP - 00001556 1/12/2011 FORTISTAR METHANE GROUP LLC 87,631.65 EP - 00001556 1/12/2011 FORTISTAR METHANE GROUP LLC 96,063.19 EP - 00001557 1/12/2011 SHELL ENERGY NORTH AMERICA 224,841.76 EP - 00001558 1/12/201 ] VERNON, CITY OF 180,823.00 EP - 00001560 1/19/2011 PILOT POWER GROUP INC 24,487.72 EP - 00001561 1/19/2011 V1ASl'N !NC 3,091.00 Total for Check ID EP: 675,197.13 Total for Entity: 2,194,335.45 User: VLOPEZ -Veronica Lopez Page: 40 Current Date: 0 112 6 /2 0 1 Report: C]<_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 15:33:2 P -48 STAFF REPORT ~- ~{~; L".NGINEERING SERVICES DF..PARTMENT ''~ ~ ~. ~ANCHO ~,LJCAMONGA E3ate: February 2, 2011 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer %ag,ti ;~ Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE FY 2010/11 LOCAL STREET PAVEMENT REHABILITATION -OVERLAY OF VARIOUS STREETS, TO BE FUNDED FROM PROP. 16, ACCOUNT NO. 11943035650/1022194-0 AND PROP 42 TRAFFIC RELIEF FUND, ACCOUNT NO. 11903035650/1022190-0 FOR CONSTRUCTION OF SAID PROJECT RECOMMENDATION It is recommended that the City Council approve specifications for the construction of FY 2010!11 Local Street Pavement Rehabilitation -Overlay of Various Streets and approve the attached Resolution authorizing the City Clerk to advertise the "Notice Inviting Bids" to be funded from Prop. 16, Account No. 11943035650/1022194-0 and Prop. 42 Traffic Relief Fund, Account No. 1190303565011022190-0 for construction of said project. BACKGROUND/AN ALYSI S The scope of work for FY 2010/11 Local Street Pavement Rehabilitation -Overlay for various local streets consists of, but not limited to, cold milling, adjusting existing manholes and valves to new grade, removal and replacement of severed cracks, pavement overlay, traffic loops replacement and striping. The project will be funded from Prop. 16, Account No. 11943035650/1022194-0 and Prop. 42 Traffic Relief Fund, Account No. 11903035650/1022190-0. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate is $355,000. Legal advertising is scheduled for February 8, 2011 and February 15, 2011, with bid opening at 2:00 p.m. on Tuesday, February 22, 2011, unless extended by addendum, Respectfully submitted, Mark A. Steuer ~~" Director of Engineering Services/City Engineer MAS/RMD:Is Attachment 0 CITY OF RANCIiO CUCAMONGA ~,,~~' ;. ¢,: ~, FY 2010~20f1 LOCAL STREET PAVEMENT REHABILPfATION ~~~ N SLURRY SEAL OF VARIOUS STREETS N.T.S. n P -50 RESOLUTION NO. lP-l~C~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 201D/11 LOCAL STREET PAVEMENT REHABILITATION - OVERLAY OF VARIOUS STREETS, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications forthe construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "FY 2010/11 LOCAL STREET PAVEMENT REHABILITATION - OVERLAY OF VARIOUS STREETS": BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to ads: ertise as required bylaw for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the Cityof Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, February 22, 2011, sealed bids or proposals for the " FY 2010/11 LOCAL STREET PAVEMENT REHABILITATION -OVERLAY OF VARIOUS STREETS" in said City. Bids will be publicly opened and read in the office cf the City Clerk, 10500 Civic Center Drive, P.ancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "FY 2010!11 LOCAL STREET PAVEMENT REHABILITATION - OVERLAY OF VARIOUS STREETS": PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of Califomia Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. P -51 RESOLUTION NO. February 2, 2011 Page 2 Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fx the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1 /30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. P -52 RESOLUTION NO. February 2, 2011 Page 3 The Contractor shall forfeit, as a penalty to the Cify of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. ff the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. .The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be dorie under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited io a Class "A" License (General Engineering Contractor) or "C12" License in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, Plaza Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and P -53 RESOLUTION NO. February 2, 2011 Page 4 payment of $35.D0 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLAP.S) is non- refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed ~rhen said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title of the requested project and bidder's business card, including valid mailing address, phone and fax number, and e-mail address. Please note that plans and specifications will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated mailing fee or bidder's Fed Ex account number, if applicable; until the information above is received. Checks request shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Piaza Levei 10500 Civic Center Drive Rancho Cucamonga, CA. 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with fhe requirements of Section 9-3.2 of the General Provisions, asset forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for "FY 2010111 LOCAL STREET PAVEMENT REHABILITATION -OVERLAY OF VARIOUS STREETS" may be directed to: ROMEO M. DAVID, ASSOCIATE ENGINEER & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4070 STAFF REPORT SNGINL:ERING SFR\'ICP.S D6P~1RT1fLNT Date: February 2, 2011 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer B Romeo M. David, Associate En sneer Y~ 9 fd~' P -54 ,, ~f'~~ X ~ ~. RANCHO ~,UCAMONGA Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE FY 2010/2011 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AT VARIOUS LOCATIONS AND PARKING LOT RESURFACING (SEAL COAT) AT CIVIC CENTER NORTH LOT, TO BE FUNDED FROM PROP 42 TRAFFIC RELIEF FUND, ACCOUNT NO. 11903035650/1022190-0 FOR CONSTRUCTION OF SAID PROJECT RECOMMENDATION It is recommended that the City Council approve specifications for the construction of FY 2010!2011 Local Street Pavement Rehabilitation (Slurry Seal) at Various Locations and Parking Lot Resurfacing (Seal Coat) at Civic Center north lot and approve the attached Resolution authorizing the City Clerk to advertise the "Notice Inviting Bids" to be funded from Prop. 42 Traffic Relief Fund, Account No. 11903035650/1022190-0 for construction of said project. BACKGROUND/ANALYSIS The scope of work for FY 2010/2011 Local Street Pavement Rehabilitation (Slurry Seal) and Parking -Lot Resurfacing (Seal Coat) project consists of, but not limited to, weed killing and removal, crack sealing, slurry sealing and striping. The project will be funded from Prop. 42 Traffic Relief Fund, Account No. 11903035650/1022190-0. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate is $327,D00. Legal advertising is scheduled for February 8 and February 15, 2011 with bid opening at 2:00 p.m. on Tuesday, February 22, 2011, unless extended by addendum. Respectfully submitted, Mark A. euer Director of Engineering Services/City Engineer MAS/RMD:Is Attachment n CITY OF RANCHO CUCAMONGA FY 2010/2011 LOCAL STREET PAVBIINNT RERABIISTATION (SLURRY SEAL) AT VARIOUS LOCATIONS AND PARSING LOT RESURFACING (SEAL COAT) AT CIVIC CENTER NORTR ~~. ~" t. N~ N.T.S. 0 P -56 RESOLUTION NO. fI-d<5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE FY 2010/2011 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AT VARIOUS LCOATIONS AND PARKING LOT RESURFACING (SEAL COAT} AT CIVIC CENTER NORTH LOT, IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications forthe construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "FY 2010/2011 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AT VARIOUS LOCATIONS AND PAP.KlNG LOT RESUPFACING (SEAL COAT) AT CIVIC CENTER NORTH LOT": BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hear of 2:00 p.m. cn Tuesday, February 22, 2011, sealed bids or STEAL) AT VAR OUS OCATIONS A OD PARKING LOT RESURFACING(SEAL COAT) AT CRVC CENTER NORTH LOT" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must :be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, " FY 2010/2011 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AT VARIOUS LOCATIONS AND PARKING LOT RESURFACING (SEAL COAT) AT CIVIC CENTER NORTH LOT": PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages P -57 RESOLUTION NO. February 2, 2011 Page 2 for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Cleric of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars 050.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractoremploying tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen thatwill be used in the performance of the contract. The ratio of apprentices tojourneymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by thejoint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1 /30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on ail of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices orjourneymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements maybe P -58 RESOLUTION NO. February 2, 2011 Page 3 obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter info the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or "C12" License in accordance with the provisions of the Contractors License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his ocher State License Number on the bid, togetherwith the expiration date, and be signed by the Contractordeclaring, under penalty of perjury; that the information being provided is true and P -59 RESOLUTION NO. February 2, 2011 Page 4 correct. The work is to be done in accordance with the profles, plans, and specifications of the City of Rancho Cucamonga on file in the Offce of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, Pla<-a Level Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS); said $35.00 (THIRTY-FIVE DOLLARS) is non- refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non- reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The request for plans and specifications should include the title of the requested project and bidder's business card, including valid mailing address, phone and fax number, and a-mail address. Please note that plans and specifications will not be processed, given out or mailed until payment is received, which shall include the cost of the plans and specifications and the stated mailing fee or bidder's FedEx account number, if applicable, until the information above is received. Checks/request shall be addressed as follows: City of Rancho Cucamonga Attention: Engineering Plaza Levei 10500 Civic Center Drive Rancho Cucamcnga,.CA 91730 No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for "FY 2010/2011 LOCAL STREET PAVEMENT REHABILITATION (SLURRY SEAL) AT VARIOUS LOCATIONS AND PARKING LOT RESURFACING (SEAL COAT) AT CIVIC CENTER NORTH LOT" may be directed to: ROMEO M. DAVID, ASSOCIATE ENGINEER & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4070 The City of Rancho Cucamonga, reserves the right to reject any or all bids. STAFF REPORT - RANCHO Date: February 2, 2011 CUCAMONCA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Robert Karatsu, Library Director Subject: APPROVAL TO ACCEPT AND TO ALLOCATE $10,000 GRANT AWARDED BY THE CALIFORNIA STATE LIBRARY INTO LIBRARY REVENUE ACCOUNT 1291000-4740/0-3713 AND APPROPRIATE $10,000 INTO EXPENDITURE ACCOUNT 1291602-5300/0-3713 FOR "LIVE AND LEARN: A PLANNING GRANT." RECOMMENDATION Staff recommends that the City Council accept and allocate $10,000 received from the California State Library into Library revenue account 1291000-4740/0-3711 and appropriate $10,000 into expenditure account 1291602-5300/0-3711 for "Live and Learn: A Planning Grant." BACKGROUND/ANALYSIS In October 2010, Librarian Jennifer Downey attended an institute sponsored by the California State Library entitled "Transforming Life After 50 (TLA 50)." The purpose of this institute was to work with public library staff on how to best provide programs and services to library users over the age of 50. Upon completion of the institute, Jennifer was encouraged to apply for a grant from the State Library which could be used for either conducting programs, or do a planning grant for providing services to library users over 50, applying concepts learned at the TLA50 institute. In December 2010, Jennifer applied for a planning grant, which was subsequently accepted by the State. Library. Among other things, this grant will be used to contract with noted Library consultant Rhea Rubin to help staff in doing a needs assessment; conduct focus groups, and if warranted by the data collected, to plan future programs for library users over 50. P -60 P -61 APPROVAL TO ACCEPT AND TO ALLOCATE $10,000 GRANT AWARDED BY THE CALIFORNIA PAG13 2 STATE LIBRARY INTO LIBRARY REVENUE ACCOUNT 1291000-4740/0-3713 AND APPROPRIATE $10,000 INTO EXPENDITURE ACCOUNT 1291602-5300/0-3713 FOR "LIVE AND LEARN: A PLANNING GRANT." FEBRUARY 2.2011 FISCAL IMPACT No net impact on the Library Fund or General Fund as the grant does not have any City matching requirements and fully funds the items listed above. Respectfully submitted, Robert Karatsu Library Director P -62 Ci /LUG STAT IBRARY P0.ESE0.VING OU0. NERITAGE,,SNAPING OUa ffiNRE January 14, 2011 Robert Karatsu, Library Director Rancho Cucamonga Public Library 7368 Arehtl~ald Avenue Rancho Cucamonga, CA 91730-1401 Dear Mr. Karatsu: We are pleased to approve the grant application for Live and Learn.- A Planning Grant for a total of $10,000 in federal Library Services and Technology Act (LSTA) fiords. This excellent planning grant will enable your library to more cleazly identify and design services and programs responsive to adults, ages 50+ in your community. A cleaz vision, strong outputs, and significant in-kind contribution promise a viable plan for the future. In order to support you, an archived version of a webinar on "Managing your LSTA Grant" presented by the State Library is available to view at httoJ/mfopeoole ore/trainine/webcasts/webcast data/497/mdex.html. The Library Development Services Staff is ready to assist you in making your project a success. Please be aware state processing of grant payments can require 6-8 weeks before you receive your check. Best wishes for a successfizl project Kindest Regards, -l~.l~l~.-- Stacey A. Aldrich State Librarian of California Enclosures cc: Colette Moody Suzanne Flint Jennifer Downey Library-Courts Building ~ ~ P.O. Boz 942837 Sacmmenm, CA 94237-0001 P -63 STAFF REPORT ~ ~ '~ J t1DbfL~iISTRdTt~. SERVICES DEP~R'tbiEDiT RANCxo Date: February 2, 2011 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: John Gillison, Assistant City ManagrQ~i `~Y By: Manuel Pilonieta, Information Services Manager Keri Hinojos, CPPB, Acting Purchasing Manager Subject: APPROVAL TO AWARD THE PURCHASE OF THREE (3) DELL EQUALLOGIC STORAGE AREA NETWORKS AND MAINTENANCE TO A LOWEST, MOST RESPONSIVE, RESPONSIBLE VENDOR TO BE DETERMINED PENDING COMPLETION OF A BID IN PROCESS, IN AN AMOUNT NOT TO EXCEED $153,085, TO BE FUNDED AS FOLLOWS: $152,900 FROM ACCCOUNT 1714001- 5605 (CAPITAL OUTLAY-COMPUTER EQUIPMENT) AND $185 FROM ACCOUNT 1714001-5300 (CONTRACT SERVICES) RECOMMENDATION It is recommended that the City Council award the purchase of three (3} Dell Equallogic Storage Area Networks and maintenance to a lowest, most responsive, responsible vendor to be determined pending completion of a bid in process, in an amount not to exceed $153,085, to be funded as follows: $152,900 from account 1714001-5605 (Capital Outlay-Computer Equipment) and $185 from account 1714001-5300 (Contract Services). BACKGROUND Information Services supports the City's computer related systems, including data storage services. These data storage needs are provided by storage area networks (SANS), which support computer file storage for desktop computers and central computer services in an efficient, cost effective, and fault tolerant manner. Additional SANS are necessary in order to meet the City's growing need for file storage and to replace older systems that are approaching the end of their useful life. These SANS will alleviate a shortage of file storage space and eliminate a potential risk posed by aging hardware that has been exhibiting higher than desired failure rates. The Information Services Division provided specifications to the Purchasing Department for review and to determine the most advantageous method of procurement. On January 18, 2011 Purchasing prepared and posted a formal request for bid, (RFB} # 10/11-012, which is in process. Sixty five (65) vendors were notified, ten (10) prospective bidders have downloaded the RFB. Bid results will be reviewed by both the Purchasing Staff and IS Staff to determine the lowest, most responsive and responsible bidder. Final bid results will be on fle in the Purchasing Department. P -64 STAFF REPORT EL~GINEERh-~~G SERVICL-'ti DEPA R'ItiIENT Date: February 2, 2011 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walter C. Stickney, Associate Engineer : ~<`' r'\ _~: Y` r ~A1vCH0 ~UCAk~tONGA Subject: APPROVAL OF A RESOLUTION COMMITTING THE CITY TO A MINIMUM 10% LOCAL MATCH OF TOTAL CONSTRUCTION COSTS AS REQUIRED TO APPLY FOR A STATE BICYCLE TRANSPORTATION ACCOUNT GRANT TO FUND CONSTRUCTION OF THE PACIFIC ELECTRIC TRAIL/DAY CREEK CHANNEL TRAIL CONNECTION PROJECT RECOMMENDATION Staff recommends that the City Council approve of the attached resolution committing the City to fund a minimum 10% local match of the total construction costs for the Pacific Electric Trail/Day Creek Channel Trail Connection Project. BACKGROUNDIANALYSIS Recently, the City and San Bernardino County entered into an agreement allowing the City to use a portion of the Day Creek Channel maintenance roads as a trail. T.o integrate the Day Creek Channel Trail with the Pacific Electric Trail, the City has planned a project.to replace the existing dirt path connections with Americans with Disabilities Act compliant, paved connections. To help fund this project, the City is planning to submit an application for 2011!2012 State Bicycle Transportation Account (BTA) funds. A resolution adopted by the applicant's City Council or local governing board committing the City to a minimum 10% local match of total construction costs is required as part of the BTA application. Without a copy of this resolution included in the application documents, the City's 2011/2012 BTA grant application would be considered incomplete and thus ineligible for BTA funds. Respectfully submitted, ~~ l"~~~~ Mark A. Steuer Director of Engineering Services/City Engineer MASNVCS:Is Attachments: Vicinity Map and Resolution P -65 UF&AND --~ «, Mtn ~ ~( _ ~ `~ \~ (~kC Y 1 ~ C_.cc ~_ r_~m°rw.a. ~ ~, ~ ~~~_> ~[. ~ III, I ~ ~ I canr .v~ ,11 ~ ~ ""'" ~ ~ PROJECT ~ > AREA k ~ ~ ~ a~M r l I •u i I ~ y 6 6R66 ~ $ ~ ~ r(~~~ / .LL F@1VTY3IdB ~~ ~ ~~ ~ ~ f F n`~ , ~~m~ n ONTARIO ' _~.,. .r, _ P -66 RESOLUTION NO. ~ f '"~ j 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, COMMITTING THE CITY TO A MINIMUM 10% LOCAL MATCH OF TOTAL CONSTRUCTION COST FOR THE PACIFIC ELECTRIC TRAIL/DAY CREEK CHANNEL TRAIL CONNECTION PROJECT WHEREAS, the City of Rancho Cucamonga is eligible will submit a Bicycle Transportation Account grant appiication to the State of California for the funding of construction costs associated with the Pacific Electric Trail/Day Creek Channel Trail Connection Project, and; WHEREAS, the City of Rancho Cucamonga has estimated the total construction cost of said improvements to be $250,000; and WHEREAS, the City of Rancho Cucamonga has identified in the grant application to be submitted to the State a local match by the City et Rancho Cucamonga equal to a minimum of 10% of the total construction costs, or $25,000.00; WHEREAS, said 10% local match for a Bicycle Transportation Account grant equal to $225,ODD.00, resulting in a total funding for said project equal to $250,000.00; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Rancho Cucamonga, California, hereby resolves to commit the City to a Bicycle Transportation Account grant match of 10% of the construction costs of said project, up to $25,000. The City Council does reserves the right to exceed, on its authority, said 10% local match, should a grant amount greater than $225,000 be awarded to the City of Rancho Cucamonga. P -67 STAFF REPORT ENGINEIiHING SEI2VICII5 DEP,AIYPMIiNT Date: February 2, 2011 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director.of Engineering Services/City Engineer By: Tasha Hunter, Engineering Technician '_s>~ ~ ~~~~ RANCHO ~JCAMONCA Subject: APPROVAL OF A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT (SRA-058) FOR CONSTRUCTION OF STREET IMPROVEMENTS ON THE NORTH SIDE OF VICTORIA STREET EAST OF ETIWANDA HIGH SCHOOL FOR DRC2003-00047 SUBMITTED BY BVMD, INC. RECOMMENDATION It is recommended that City Council adopt the attached resolution approving the Transportation Facility Reimbursement Agreement (SRA-058) for construction of street improvements on the north side of Victoria Street east of Etiwanda High School and authorize the Mayor and the City Clerk to sign said agreement and to cause same to record. BACKGROUNDIANALYSlS Asa Condition of Approval of DRC2003-00047, BVMD, Inc., as Developer, was required to construct missing street improvements on Victoria Street. The above required street improvements have been completed by the developer and accepted by the City of Rancho Cucamonga. The developer has submitted an itemized statement to the City for reimbursement. Staff has reviewed the statement for construction costs submitted and has approved the amount of $67,157.04. Of this amount a Transportation Fee Credit for building permit PMT2007-02575 in the amount of $39,560.00 has been deducted for a total reimbursement amount of $27,597.04. Copies of the agreement signed by the Developer are available in the City Clerk's office Respectfully submitted, ~` ~'t _ Mar`i~c ~`Steaef/ Director of Engineering ServiceslCity Engineer MAS/TCH:rIf P -68 City of Rancho Cucamonga Engineering Division ificinity Map W E s Item: ~8 Title: pn ~tMhik{~SP``4rlt"i~f,# €-~~l(~.V~F.t~ P -69 RESOLUTION NO. ~ i•-U ~ 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MASTER PLAN TRANSPORTATION FACILITY REIMBURSEMENT AGREEMENT FOR THE INSTALLATION OF STREET IMPROVEMENTS ON THE NORTH SIDE OF VICTORIA STREET EAST OF ETIWANDA HIGH SCHOOL (SRA- OSB) WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement (SRA-058) submitted by BVMD, Inc., as developer for DRC2003-00047, for the installation of street improvements on the north side of Victoria Street east of Etiwanda High School (SRA-058); and WHEREAS, the Developer, at the Developers expense, has completed said street improvements; and WHEREAS, the developer request reimbursement for the portion of street improvements as entitled to per the conditions of his de~~elopme.^,± by means of said Reimbursement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Reimbursement Agreement be and the same is hereby approved, and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga and the City Clerk to attest hereto and cause said agreement to record. P -70 ,, STAFF REPORT Pr.~NntNG DEP.iR'Ci~fENT RANCHO Date: February 2, 2011 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Thomas Grahn, Associate Planner Subject: NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROPERTY SALE DRC2011-00035 -CITY OF RANCHO CUCAMONGA - A request to grant the authority for the Planning Directcr tc enter into Purchase and Sale Agreements for the sale of properties acquired under the NSP Acquisition/Rehabilitation and Resale activity to income eligible households in the Low, Moderate, Middle Income (LMMI) category consistent with the U.S. Department of Housing and Urban Development NSP guidelines. RECOMMENDATION: Staff recommends that the City Council grant the Planning Director the authority to enter into Purchase and Saie.Agreements for the sale of properties acquired under the City's Neighborhood Stabilization Program (NSP) for sale to income eligible households in the Low Moderate Middle Income (LMMI) category consistent with the US Department of Housing and Urban Development (HUD) NSP guidelines. BACKGROUND: The Housing and Economic Recovery Act of 2008 (HERA) appropriated $3.92 billion in emergency assistance for the redevelopment of abandoned and foreclosed homes and residential properties. Grants under the HERA are considered Community Development Block Grant (CDBG) funds and are implemented by HUD through the NSP. The City's NSP was approved by the City Council on November 5, 2008, and amended on February 17, 2010. The City's NSP contains two housing acquisition activities: Acquisition/Rehabilitation and Resale -First Time Homebuyer Program -The acquisition and rehabilitation of single-family and multi-family homes that will be sold to income eligible homebuyers. NSP guidelines restrict the income to 120 percent of the area median income. Acquisition/Rehabilitation and Reuse - Affordable Housing Program -The acquisition and rehabilitation of single-family and multi-family homes that will be made available to low income housing providers who will rent the units to income eligible tenants. NSP guidelines restrict the income to 50 percent of the area median income. In March 2010, staff began working with the National Community Stabilization Trust (NCST) for the acquisition of foreclosed and abandoned properties. The NCST is a Washington, DC based non-profit organization that facilitates the transfer of foreclosed and abandoned properties from financial institutions nationwide to local housing organizations to promote property reuse and neighborhood stability. The NCST was created to act as a middleman between cities looking to acquire abandoned properties and the lenders looking to sell them. P -71 CITY COUNCIL STAFF REPORT DRC2010-00035 -NSP PROPERTY SALE February 2, 2011 All properties acquired under the City's NSP program have been through our participation with the NCST. Consistent with NSP guidelines, all acquired properties were vacant (either foreclosed or abandoned) and were acquired for a minimum 1 percent below their current appraised value. ANALYSIS: The City acquired the following properties under the NSP Acquisition/Rehabilitation and Resale activity: 6948 Spinel Avenue -The City acquired this single-story, 4 bedroom, 2 bathroom, 1,556 square foot, single-family residence on July 30, 2010, for $268,500. 8541 Hamilton Street -The City acquired this two-story, 4 bedroom, 3 bathroom, 1,871 square foot, single-family residence on August 20, 2010, for $297,500. 6940 Benevento Place -The City acquired this two-story, 2 bedroom, 2-1/2 bathroom, 1,223 square foot, single-family house on September 13; 2010, for $252,964. NSP guidelines establish that proceeds received prior to June 30, 2013, must be used as program income for the same NSP funded activity that generated it. Proceeds received after June 30, 2013, will be required to comply with Community Development Block Grant (CDBG) guidelines for the use of program income. Under these provisions, proceeds from the sale of these properties will be used to acquire additional properties, consistent with NSP guidelines and the City's NSP program. The attached documents will be used for the sale of properties acquired under the City's NSP Acquisition/Rehabilitation and Resale activity to income eligible households, including the three identified properties and any properties acquired with the proceeds from the sale of these properties. Under HUD NSP guidelines, an income eligible household includes those households in the Low, Moderate, Middle Income (LMMI) category earning less than 120 percent of the area median income, adjusted for family size. The attached documents provide: • Purchase and Sale Agreement: Details all aspects of the purchase and sale of the properties acquired under the Acquisition/Rehabilitation and Resale activity. This document essentially requires the buyer to buy and the seller to sell the property under specified terms and conditions. • Covenants, Conditions, and Restrictions (CC&R's): Identifies the specific covenants, conditions, and restrictions applicable to ownership and operation of the property. • Grant Deed: Contains implied warranties that the City has not previously conveyed or encumbered the property. • Sellers Escrow Instructions: Provides directions to the escrow company. P -72 CITY COUNCIL STAFF REPORT DRC2010-00035 -NSP PROPERTY SALE February 2, 2011 CONCLUSION: Staff recommends the approval of the attached documents through minute action, which will provide the Planning Director the authority to enter into Purchase and Sale Agreements for the sale of properties acquired under the NSP Acquisition/Rehabilitation and Resale activity consistent with HUD's NSP guidelines and the City's NSP program. Respectfully submitted, ~1'lP/~ r~ Jam R. Troyer, AICP Planning Director JRT:TG/ds Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E ~~ NSP AcquisitionlRehabilitation and Resale Activity Description Purchase and Sale Agreement Covenants, Conditions, and Restrictions Grant Deed Sellers Escrow Instructions P -73 G. NSP INFORMATION BY ACTIVITY 1) Activitv Name: NSP Acquisition/Rehabilitation and Resale -First Time Homebuyer Program (Activity 1711) 2) Activitv Tvoe: NSP Eligible Use - (A) Establish financing mechanism for purchase and redevelopment of foreclosed upon homes and residential properties and (B) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon; CDBG Eligible Activity - 24 CFR 570.201(a) Acquisition, (b) Disposition, and 570.202 Rehabilitation. 3) National Objective: Beneficiaries of the units acquired through this activity will be restricted to LMMC as defined in the NSP notice. All participants will be restriMed to the income level at or below 120 percent of the AMI. 4) Projected Start Date: 12/01/2008 6) Projected End Date: 06/30/2013 6) Responsible Organization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact: Tom Grahn, (909) 477-2750, tom.grahn@cityofrc.us 7) Location Description: The use of NSP funds will be targeted to those Census Tracts with a high risk factor of foreclosure; this includes Census Tracts 22.03, 21.00, 20.04, 20.05, 13.04, 20.07, 8.12, 20.03, and 20.06. The acquisition of homes in the southwest Cucamonga area (Census Tract 21.OD) is encouraged due to the concentration of lower income households. 8) Activitv Description: This revised activity is two pronged. Under the first prong, the City will acquire and rehabilitate foreclosed and abandoned single-family and multi-family (e.g., condo and townhome) units and resell them to income eligible homebuyers. The final sales price will be no greater than the initial acquisition and rehabilitation costs; and rehabilitation costs may not exceed 76 percent of the acquisition cost. Under the second prong, the City will continue assist eligible participants in the originally approved NSP First Time Homebuyer program. Under this activity the City will provide up to $80,000 per unit as a silent second, and up to $10,000 for rehabilitation costs towards the purchase of a home. Under the second prong of this activity, the City will continue to assist those persons who have prequalified under the original First Time Homebuyer Program, but have been unable to acquire a home to date. The City will close the application list as of February 26, 2010, and will continue to offer the soft second option to those homeowners who enter escrow prior to March 31, 2010. Those persons unable to enter escrow prior to March 31, 2010 will be allowed to purchase properties under the first prong; however, the soft second option will no longer be available. Any rehabilitation activities associated with these acquired homes will be coordinated through the City's CDBG funded Home Improvement Program. Once the home is acquired, the City will determine the priority of rehabilitation activity, and coordinate rehabilitation improvements with local contractors. Rehabilitation funds are not distributed to the program recipient, but are instead coordinated through the City program. All acquisitions will be for at least 1 percent below the fair market value determined no more than 60 days prior to the offer to purchase. EXHIBIT - A substantialAmendment to the Neighborhood stabilization Program-Pagel P -74 Income eligible participants may not earn greater than 120 percent of the AMI as defined by HUD. The table (see page 12) shows these income limits as adjusted for family size. Additionally, all prospective buyers will be required to attend 8 hours ofpre-acquisition HUD certified homebuyer counseling. 9) Total Budget: The initial budget for this program is $1,386,717.00 providing funds for the Acquisition, Rehabilitation and Resale of foreclosed and abandoned homes and First Time Homebuyer assistance (up to $80,000) and rehabilitation funds (up to $10,000) for 15 units. Note that this is the City's primary NSP funded activity and the budget may decrease should additional funds be needed to meet the funding obligations of the Acquisition, Rehabilitation, and Reuse -Affordable Housing Program. 10) Performance Measures: The performance measurement outcomes will be measured by the total number of affordable housing units made available. This activity will assist in the purchase of a minimum of 15 homes to be occupied by persons at or below 120 percent of the AMI. Substantial Amentlment to the Neighborhood stabilization Program- Page 8 P -75 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this `Agreement") is dated as of 20 ,and is entered into by and between , a ("Buyer"), and the CITY OP RANCHO CUCAMONGA, a municipal corporation ("Seller"). RECITALS A. Scher has acquired the Property (as described and defined in Section 1.1. below) using federal funds (the "NSP Funds") distributed as part of the emergency assistance for the redevelopment of abandoned and foreclosed homes under Section 2301 et seq. of Title 3 of Division B of the Housing and Economic Recovery Act of 2008, as amended by the American Recovery and Reinvestment Act of 2009, H.R. 1, as may be further amended and supplemented from time. to time (collectively, the "Act") and the Notice of Allocations, Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for Emergency Assistance for Rcdevelopment of Abandoned and Foreclosed Homes under the Housing and Economic Recovery Act, 2008 issued by the Department of Housing and Urban Development ('`HUD") and found at the Federal Register/Vol. 73, No. 19d/October 6, 2008/Notices, as the same may be amended, restated or supplemented (the ``NSP Regulations"). The Act and the NSP Regulations are hereafter referred to collectively as the "NSP Guidelines". This transaction is intended to comply with the provisions of the NSP Guidelines. B. Seller desires to sell the Property to Buyer subject to and upon the terms and conditious hereinafter set forth. C. In order to comply with the NSP Guidelines; Buyer and Seller must, among other things, execute, acknowledge and record against the Property, concurrently with the sale of the Property by Seller to Buyer hereunder; written "covenants, conditions and restrictions" in the form attached to the end of this Agneement as Exhibit "C" (the "CC&R's°). 1. PURCHASE AND SALE: PURCHASE PRICE; SELLER FINANCING: POST- CLOSING IMPROVEMENTS. 1.1 Purchase and Sale. Upon the teens and subject to the conditions in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to pw~chase ti-om Seller the ]and in the City of Rancho Cucamonga, County of San Bernardino, State of California, described on Exhibit "A" attached hereto (the "Land"), together with Seller's interest in all buildings and other improvements thereon and Seller's interest in all fixtures, furnishings acid other tangible personal property situated in or upon or used in connection with the operation or maintenance of the Property (collectively, the "Property"). The Property consists of a single family residence. 1.2 Purchase Price. The purchase price ("Purchase Price") Yor the Property shall be Dollars and No/100 ($ .00). TITLE. EXHIBIT - B P -76 2.1 General. Title to the Propety shall be conveyed by Grant Deed in the form attached hereto as Exhibit "B" and shall he evidenced by a CLTA Standard Coverage Fonn of Owner's Policy of Title Insurance (or an ALTA Extended Coverage Form Policy if Buyer elects such coverage as provided in Section 2.3 below) (the "Title Policy") issued by Chicago Title hisurance Company, c/o Chicago Title Esctow Services, 18725 E. Gale Avenue, Suite 225, City of Industry, CA 91748 Attn: ,Escrow Officer (Phone: ); ,Title Officer ~/~ ("Escrow Holder" or "Title Canpany"), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except the following (the "Approved Title Exceptions'): (a) Assessments not yet due and payable; (b) The CC~C R's; (c) Exceptions approved by Buyer or deemed approved by Buyer under Section 2.4 2:? Option for ALTA Coverage. Buyer shall have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance. In such event, Buyer shall, at its expense, procure an ALTA survey (the "Survey'') and the cost of the .4LT.A extended coverage shall he borne by Buyer. 2.3 Title and Survey Review. Within ten (] 0) days following the date hereof, Buyer shall notify Seller (the "Objection Notice") which of the liens. encumbrances and other matters described ut the Citle report dated , 20 issued by the Title Company under Order No. (the "PTR") are unacceptable to Buyer (tUe `'Unpermitted Matters''), and Seller shall then have until the date that is ten (10) days after Sellers receipt of the Objection Notice to inform Buyer in writing that Seller will remove such Unpermitted Matters. If Buyer does not timely object, Buyer will he deemed to have approved all matters described in the PTR. The matters in the PTR that are not Unpermitted Matters shall be deemed approved by Buyer. The Objection Notice shall also specify what reasonable title endorsements Buyer will require (the "Required Endorsements"). If Seller is unable to remove any such Unpermitted Matters or cause them to be "insured over' by the Title Company in a manner reasonably approved by Buyer, or cause the Title Company to issue the Required Endorsements by the scheduled Close of Escrow, then Seller shall so notify Buyer in writing (the "Seller Notice") within ten (10) days after receipt of the Objection Notice and Buyer shall then have the option of (A) proceeding with this A~neemeut and taking title subject to the'`Unpcrmitted Matters' or (B) terminating this Agreement, in which event the Deposit, and all interest earned thereon, shall be returned to Buyer and neither party shall have any further obligations or liabilities hereunder. Buyer shall exercise one of its options set forth in clause (A) or (B) above by providing unconditional written notice thereof to Seller on or before the date that is five (~) days after Seller gives the Seller Notice, and, if Buyer fails to provide such election notice within such time, then Buyer shall be deemed to have elected to proceed in accordance with clause (A). Buyer shall have until , 20_ to obtain an ALTA survey and shall have three (3) business days after receipt of such survey to provide to the City written notice of II231-0001\I2RR452v3.doc P -77 any reasonable objections Buyer may have to ALTA title exceptions disclosed by the survey (and not clearly evident from the PTR absent an ALTA survey). Such written notice from Buyer shall constitute an "Objection Notice" under the preceding paragraph and shall be subject to the provisions of the preceding paragraph. 3. DUE DILIGENCE: RIGHT OF ENTRY. 3.1 Seller Documents. Seller shall make available to Buyer for copying, at Buyer's expense, all leases and other non-privileged material documents in Seller's possession pertaining to the Property. Buyer shall promptly obtain a title report (and copies of title exception documents) for the Property. 3.2 Lead Paint Disclosure. (Check the provision that applies) ^ Seller represents that the dwelling was constructed on the real property in 1978 or later ^ Seller represents that the dwelling was constructed on the real property before 1978. (If such housing is located on the real property, complete the form attached as EXHIBIT "D" (LEAD PAINT ADDENDUM FOR HOIISiNG CONSTRUCTED BEFORE 1978).) 3.3 Physical Inspections. Seller hereby ~ ants Buyer and its agents, employees, contractors and subcontractors (collectively "Representatives") the right to enter on the Property until , 20 (the "Due Diligence Period") for the purpose of inspecting the physical condition of the Property, including soils and geological matters and toxic or hazardous substances and other contamination [subject to schedule and coordination with the City's Planning Department. Such investigations shall he at Buyer's expense. All work performed by Buyer and its Representatives will be perfornted diligently and in a manner consistent with the standards of care, diligence and skill exercised by recognized consulting firms for similar services, and in accordance with all regulatory and good management standards and the reyuirements of any governmental agency or entity and all applicable laws, and shall not violate the rights of tenants. In connection with the insoections of the Property by Buyer and its Representatives, Buyer shall, at its own cost and expense, ase conunercially reasonable efforts to keep the Property, in good order and repair and safe condition to the extent that such Property, improvements or personality were in such condition prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition, including, without limitation, ensuring that any holes, ditches or other indentations, as well as any mounds or other inclines created by any excavation by Buyer or its Representatives are regraded, resurfaced and compacted. if any portion of the Rroperty or an adjacent property, including improvements and fixtures, suffers damage or alteration by reason of the access and activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and expense, promptly repair all such darnage and restore the Property or adjacent property to as good a condition as before such damage or alteration occurred, or if it cannot be repaired, Buyer shall replace such damaged or altered property to the extent possible. Prior to entering the Property, Buyer shall provide Seller with reasonable evidence that Buyer (or its Representatives) has reasonable insurance covering Buyer's (or its 11231-0001\I2S8442v3.doc P -78 Representatives) activities on the Property. In any event, at its sole cost and expense, to defend, protect, indemnify, and hold free and harniless Seller and its employees, agents, and representatives, and their successors, and assigns (individually as "Indemnitee" and collectively, "Indemnitees"), free and harmless from and against any and all damages, costs, expenses; liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever (collectively, the "Claims"), including fees of accountants, attorneys, expert witnesses, or other professionals, and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to entry upon the Property pursuant to this Section _3, except for that portion or percentage of a Claim against an hidemivtee based on the negligence, gross negligence or willful misconduct of such Indemnitee. 3.4 Buver Notification of Hazardous Materials. Buyer and its Representatives shall promptly notify the Seller of any discovery, spill, release, or discharge of any "Hazardous Materials", as defined in Section 5.3 below, on, under or about the Property wlvch is discovered, encountered, or results from or is related to the Buyer's or its Representatives' access to and/or use of the Property under this Agreement. 3.5 Termination by Buver. If Buyer determines, in its good faith, commercially reasonable discretion, that the physical condition of the Property is not acceptable to Buyer, then Buyer may terninate this Agreement by written notice to Seller b*iven on or before the end of the Due Diligence Period. If Buyer fails to so terninate this Agreement, Buyer shall be deemed to, have approved all aspects of the condition of the Property. 4. ESCROW. 4.1 Escrow lnstruetions. This Agreement shall constitute escrow instructions and Buyer and Seller shall deposit a copy of this executed Agreement (ot• copies of executed counterparts) with the Escrow Holder within two (2) business days after the execution of this Agreement. 4.2 Escrow. Buyer and Seller shall promptly open escrow with Escrow Holder. If Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare such escrow instructions ml its usual form for the purchase and sale of the Property provided such further escrow instructions are consistent with this Agreement. The further escrow instructians shall incor)~orate each and every term of this Agreement and shall provide that in the event of any conflict between the teens and conditions of this Agreement and such further escrow instructions, the terms and conditions of this Agreement shall cotrtrol. 4.3 Close of Escrow. Provided all of Seller's and Buyer's obligations to be performed an or before close of escrow have been performed and all the conditions to the close of escrow set forth in this Agreement have been satisfied, escrow shall close on or before 20_ ("(nosing Date"). If the closing does not occur by the Closing Date for any reason, then subject to Section 23 hereof; any parry not then in default may terminate this Agreement by written notice to the other. All risk of loss or damage with respect Yo the Property 4 11231-0001AI28840.2v3.doc P -79 shall pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of escrow. 4.4 Buyers Deliveries. On or before the close of escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): (a) The Purchase Price; (b) The CC&.R`s; (c) Al] other documents contemplated by this Agreement and required by Escrow Holder to be deposited by Buyer to can•y out this escrow. 4.5 Seller's Deliveries. Before the close of escrow,, Seller shall deposit into escrow the following (properly executed and acknowledged, if applicable) and deliver copies thereof (marked "copy") to Buyer: (a) The Grant Deed com~eying the Property to Buyer; (b) Unless Seller is exempt from withholding, anon-foreign affidavit from Seller certifying that Seller is not a "foreign person," "foreign estate," "foreign corporation" or "foreign partnership" or any other foreign entity as such terms are defined in Section 1445 of the Internal Revenue Code and the income tax regu]ations promulgated thereunder; and (c) Any other documents contemplated by this Agreement or reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. 4.6 Conditions to the Close of Escrow. Buyer's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfactimi of all of the following conditions precedent, which are for Buyer's benefit and may be waived only by Buyer: (i) Tit]e Company shall have issued or shall have committed in writing to issue the Title Policy to Buyer in the amown of the Purchase Price, showing fee title to the Property to be vested in Buyer, subject only to title exceptions approved or deemed approved by Buyer; and (ii) Seller shall not be in default under this Agreement. Seller's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Seller's benefit and may be waived only by Seller: (A) Seller shall have been provided by Buyer with reasonable evidence {such as certificates of insurance) that Buyer has obtained all of the insurance required by Section 5 of die City Deed of Trust; (B) Buyer shall not be in default under this Agreement. 1 7 23 1-000 1 A 128844A3.doc P -80 Waiver of any condition to close of escrow shall not relieve any party for liability resulting from breach of any representation, warranty, covenant or agreement under this Agreement. 1n the event that the conditions to close of escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement: (iii) This Agreement, the escrow and the rights and obligations of Buyer and Sellers hereunder shall terminate, except as otherv,~ise provided herein; and (iv) Escrow Holder, upon such termination, is hereby instructed to promptly return to Buyer funds (and all interest accrued thereon) and documents deposited by Buyer in escrow, and to return to Seller all funds and documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such fonds, the amount of any cancellation charges required to be paid by such party under Section 4.10 below). 4.7 Recordation of Grant Deed• Delivery of Funds. Upon receipt Gf the funds and instruments described in this Section 4, Escrow Holder shall cause the Grant Deed, and then the CC&Rs to be recorded in the office of the County Recorder of San Bernardino County, California, and Escrow Holder shall deliver the proceeds of this escrow (less any appropriate charges) to Seller by wire transfer to Seller pursuant to written wire transfer instructions to be delivered by Seller to Escrow Holder. 4.8 Prorations. All assessments, if any, levied or assessed on or against the Property shall be prorated as of the Closing Date. The credit for accrued assessments for which bills have not been issued as of the Closing Date shall be based on the then most recent assessments (and any known increases or decreases). Assessments shall he reprrorated between Seller and Buyer at the time Gf issuance of the actual bills therefor and payment of any adjustment based on such reproration shall be paid by the party owing the other based on such adjustment within fifteen (15) days after receipt by such party of copies of the applicable bills. This obligation to re- prorate shall survive the Closing. Seller is exempt from property taxes. 4.9 Costs. Buyer shall pay one half of the escrow fete and costs associated with file purCllaSe, ar'id Th6 COSt Of ally eXt:erldcd AiTA COVCl'agc fOr tl"ie Title PG11Gy and all endGrScllient5 to the Titie Policy. Seller shall pay recording charges, one half of the escrow fees, the documentary transfer taxes in connection with the recordation of the Grant Deed, and the cost of CLTA owner's title coverage. 4.10 Escrow Cancellation Chu•~es. [n the event that this escrow shall fail tG close by reason of the default of either party hereunder, the defaulting party shall lie liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for arty other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges. 4.11 Broker's Commissions. Buyer and Seller represent Co one another that no broker or finder bas been engaged in comlection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Each party agrees to indemnify, defend, protect and hold harmless the other and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims G 11231-0001A 1288443v3.doc P -81 of any agent, broker, finder or other similar person or entity arising firom or in connection with the sale of the Property under this Agreement and based on communications or agreements with the indemnifying party. 5. AS-IS SALE• REPRESENTATIONS AND WARRANTIES. 5.1 No Side Agreements or Representations. Except for the express representations and warranties herein, no person acting on behalf of Seller is authorized to make, and by execution hereof, Buyer acknowledges that no person has made, any representation, agreement, statement, warranty, guarantee or promise regarding the Property or the transaction contemplated herein or the zoning, construction, physical condition or other status of the Property (including, without limitation, the presence, absence, condition or status of any Hazardous Materials or compliance with any Hazardous Materials Laws, or such capitalized teens are defined in Section 5.3 below). No representation, warranty, agreement, statement, guarantee or promise, if any, made by any person acting or purporting to act on behalf of Seller which is not contained in this Agreement or in any amendment hereto will be valid or binding on Seller. 5? AS 1S CONDITION; RELEASE. BUYER ACKNOWLEDGES AND AGREES THAT, SELLER, EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH HEREW, HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY OR ANY MATTER RELATED THERETO, INCLUDING, WITHOUT LIMITATION, THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, AND COMPLIANCE WITH ANY ENVIRONMENTAL LAWS OR THE PRESENCE, ABSENCE, CONDITION OR STATUS OF ANY HAZARDOUS MATERIALS. BUYER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN 1S MADE ON AN "AS IS" CONDITION .AND BASIS WITH Ai,L FAULTS, AND THAT SELLER HAS NO OBLIGATIONS TO MAKE REPAIRS, REPLACEMENTS OR IMPROVEMENTS OR REMEDIATE ANY HAZARDOUS MATERIALS. BY INITIALING BELOW, THE BUYER ACKNOWLEDGES THAT (i) THIS SECTION 5.2 HAS BEEN READ .AND FULLY UNDERSTOOD, (ii) THE BUYER HAS HAD THE CHANCE TO ASK QUESTIONS OF ITS COUNSEL ABOUT ITS MEANING AND SIGNIFICANCE, AND (iii) THE BUYER HAS ACCEPTED AND. AGREED TO TH.E TERMS SET FORTH ]N THIS SECTION 5.2. BUYER'S 1NITIAL,S Buyer waives and releases as of the Close of Escrow any and all claims it may have against Seller relating to the physical condition of the Property (including, without limitation, the presence or release hazardous materials or substances). To the extent of such waiver and release, 11231.OOOlU 288442v3.doc P -82 and excluding fraud, Buyer expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF ElECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Buyer's Initials 5.3 Certain Definitions. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutaitt, contaminuit, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et sue; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section i36 et sec ;asbestos and asbestos-containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et se ;source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals. subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et se ;industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seg.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3 j; and any other substance or material regulated by any Environmental Laws. The teen "Enviromnental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 ct sue; the Clean Water Act, 33 U.S.C:. Section 1251 et seq; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seg; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et sue; the National Enviromnental Policy Act, 42 U.S.C. Section 4321 et sue; the Noise Control Act, 42 U.S.C. Section 4901 of se. ;the Occupational Safety and Health Act, 29 U.S.C. Section 651 et sc ;the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et ~; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et se ;the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seg; as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et sue; the Atomic Energy Act, 42 U.S.C. Section 2011 et sue; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section l 0101 et seg; 8 11231-UOtnA1288442v3.doc P -83 and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 6. EMINENT DOMAIN OR TAKING PHYSICAL DAMAGE OR DESTRUCTION. 6.1 If, prior to the close of escrow, any material portion of the Property is taken or if the access thereto is materially reduced or restricted by eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated taking which has not been consummated, other than any such taking prosecuted by or on behalf of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not later than ten (10) business days after receipt of Seller's notice. If Buyer does not exercise this option to terminate this Agreement, neither party shall have the right to terminate this Agreement, but the Seller shall assign and turn over to Buyer, and the Buyer shall be entitled to receive and keep, all awards fer the taking by eminent domain which accrue to Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price. Unless and until this Agreement is terminated, Seller shall take no action with respect to any eminent domain proceeding without the prior written consent of Buyer, which consent shall not be um-easonably withheld or delayed. 6.2 If; after the Due Diligence PEriod and prior to the Close of Escrow, any material portion of the Property is materially damaged or deshroyed due to any cause, natural or otherwise, including, without limitation: (i) any destructive seismic or geological conditions such as any earthquake or tremor, subsidence, or unstable subsurface conditions; or (ii) a material violation of any Environmental Laws known to Seller, Seller shall immediately notify Buyer of such fact (the "Seller Damage Notice"). In such event, Buyer or Seller may terminate this Agreement upon written notice to the other given within ten (10) days after Seller gives the Seller Damage Notice. If neither party terminates this Agreement, then Seller shall assign and turn over, and the Buyer shall be entitled to receive and keep, any inswance proceeds paid to Seller in connection with such damage or destruction, and the parties shall proceed to the close of escrow pursuant to the teens hereof, without modification of the terns of this Agreement, and Buyer shall use any such payrments and proceeds to promptly and diligently repair the damage and shall provide Seller with evidence thereof promptly after written request from Seller from time to time ('and the foregoing obligations shall survive the close of escrow). 7. INCORPORATION OF EXHIBITS. All exhibits attached hereto and referred to herein are incorporated in this Agreement as though fully set forth herein. 8. ATTORNEYS' FEES. In the event of a dispute between Buyer and Seller regarding any of the terns and provisions of this Agreement, or the transaction described herein, or any action to enforce the teens of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 9. NOTICES. All notices, requests, demands and other communication given or required to be given hereunder shall be in writing and personally delivered, sent by first class certified mail, 9 11231-OOOIV2R8442v3.doc P -84 postage prepaid, return receipt requested, or sent by a nationally recognized courier service such as FedEx, addressed to the parties as follows: To Seller: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, California 91729-0807 Attention: City Manager With a Copy To: Richards, Watson and Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071- 3101 Attention: Bruce W. Galloway, Esq. To Buyer: To Escrow Holder/ Title Company: Chicago Title Insurance Company e/o Chicago Title Escrow Services 18725 E. Gale Avenue, Suite 225 City of brdustry, CA 91748 Attn: ,Escrow Officer Title Ofn"cer Title Order No. Escrow No. Delivery of any notice or other communication hereunder shall be deemed made on the date of actual delivery thereof to the adch'ess of the addressee, if personally delivered,, and on the date indicated vi the retun; receipt or courier's records as the date of delivery or as the date cf fv~t attempted delivery, if seat by certified mail or courier service. Any party may change its address for purposes of this Section by giving notice to the other party as herein provided. 10. ASSIGNMENT. Buyer shall not assign this Agreement or any rights hereunder without the prior, written consent of the City Manager. 11. BINDING EFFECT. This A~'eement shall be binding upon and shall inure to the benefit of the parties hereto, and their successors and assigns. l 2. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agn-eements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Agreement maybe upended, supplemented of 10 11231-0001\1288442v3.duc P -85 in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 13. HEADINGS. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. 14. COUNTERPARTS. This Agreement maybe executed in any nwnber of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. Furthermore, executed counterparts of this Agreement maybe delivered by facsimile or other reliable electronic means (including emails ofpdf documents), and such facsimile or other electronic transmission shall be valid and binding for all purposes when transmitted Yo and actually received by the other party. Notwithstanding the foregoing, each party delivering executed documents by facsimile or other electronic means agrees to provide the other party with an original, hard copy of the relevant signed documents promptly after the request of the other par*.y. 15. SURVIVAL. Any provision hereof which is executory as of the Closing Date and all representations and warranties shall survive such close of escrow and delivery of the Grant Deed and shall continue to be a binding provision on the parties hereto according to its terms. 16. TIME OF THE ESSENCE. Time is of the essence of each and every ,provision of this Agreement in which time is a factor (including, without limitation, Section 1.5). 17. THIRD PARTIES. Nothing contained in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any ri~* is or remedies under or by reason of this Agreement, 18. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid; illegal or unenforceable in any respect by a court of eornpetent jurisdiction, such invalidity, illegality or unenforceability shall not atfect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein, unless such invalidity, illegality or unenforceability materially aff°.~s the e,^,ariomic t~.ms of the transactions contemplated by this Agreement or the ability of Dither party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than ten (]0) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability. hr the event of such termination, all funds deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer. 19. ADDITIONAL DOCUMENTS: FURTHER ASSURANCES. Each party hereto agrees to perform any further acts and to execute, aclmowledge and deliver any further documents that may be reasonably necessary to carry out the provisions of this Agreement. 20. CITY AS SELLER. Buyer acknowledges that Seller is entering into this Agreement in its proprietary capacity such that neither the provisions of this Agreement nor any consent or approval given by Seller under this Agreement, shall waive or modify any of Seller's rights in its governmental capacity. I t231-OOOlU288442v3.doc P -86 21. AMENDMENTS. The City Manager of Seller shall have the right to enter into amendments of this Agreement on behalf of Seller without the approval of the City Council provided that such amendments do not decrease the amount of the Note, or otherwise materially affect any of the economic terms of this Agreement (provided that the City Manager shall have the right to reasonably extend the deadline for the Close of Escrow or the Due Diligence Period). 22. INDEMNIFICATION. Buyer shall indemnify, defend (with legal counsel selected by Seller) and hold Seller and its appointed officials, officers, employees, agents and consultants harmless from and against any and all claims, losses, liabilities, actions, judgments, costs and expenses relating directly or indirectly to the Property or Buyer's acts or omissions with respect thereto and which arise after the Close of Escrow. This Section shall survive the Close of Escrow. 23. SELLER DEFAULT; NO DAMAGES. In the event Seller defaults under this Agreement, Buyer shall not be entitled to damages but, at its option and as its sole remedies, may either: (a) terminate this Agreement, in which event Seller shall reimburse Buyer for all costs and expenses incurred by Buyer in negotiating and undertaking the transactions contemplated hereby and investigating the Property, including, without limitation, all Bests associated with the investigations and other activities described or contemplated raider Section 3.3 above; or (b) specifically enforce this Agreement. In the event of a default by Seller of which Buyer is not aware prior to Ciosing, including, without limitation, a breach of any representation or warranty not discovered until after Closing, Buyer shall be entitled to exercise any and all rights and remedies at law or in equity. 24. GOVERNING LAW; VENUE. This Agreement shall be goveroed by and consh~ued in accordance with the laws of the State of California ('without regard to conflict of laws principles or rules). All legal actions under, or in connection with this Agreement shall be filed and maintained by Buyer and Seller in courts located in San Bernardino County. 25. BUSINESS DAY. if the final day of any period or any date of performance (including the Due Diligence Period) wider this Agreement falls on a Saturday, Sunday or legal holiday, then the final day of the period or the date of such performance shall be extended to the next business day. 12 Il?31-00011L2B8442v3.dnc P -87 [N WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: SELLER: CITY OF RANCHO CUCAMONGA, a municipal corporation By: _ Print Name: Title: Attest: City Clerk APPROVED AS TO FORM: Richards, Watson & Gershon By: Bruce W. Galloway, Esq. 13 11231-0W 7 AI28F442v3.doc P -88 EXHIBIT "A" llESCRIPTION OF TAE LA'VD A-1 11231-OOOIV2SR442v3.doc P -89 EXHIBIT "B" FORM OF GRAl~TT DEED [Attached.] B-1 1 1 23 1-0001 V 288442v3.doc P -90 EXHIBIT "C" FORM OF CCfiR'S [Attached.] C-1 11231-0001 U 2584??v3.doc P -91 EXHIBIT "D" LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 LEAD WARN[I~tG STATEMENT very purchaser of any interest in residential real property on which a residential dwelling was built befxe 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including ]earning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection far possible lead-based paint hazards is recommended before purchase. SELLER'S OiSCLOSURE Presence of lead-based paint and/or lead-based paint hazards (check items a or b below): a. _ Known Lead-based paint and/or load-based paint hazards arc present in the housing. If checked, the following explanation is provided: b. Seller has no knowledge of lead-based paint and/or lead-based paint hazards iu the housing. 2, Records and reports available to Seller (chec]< item a or b below): a. __ Seller has provided Buyer with all available records and eeports pertaining to lead-based paint and/or lead-based paint hazards in the housing. if checked, the following documents were provided: b. Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. BUYER'S ACKNOWLEDGMENT Buver has read the Lead warning Statement above and understattds its contents, and has received copies of all informatirnt tilted above. ?. Buyer has received the pamphlet Pro/ect Pour Fnmih~ f'~m Lend in Your Plonte. Buyer has either (check one of the boxes below): J received a 10-day opportunity (or mutually agreed-upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and%or Lead-based paint hazards: or C7 waived the oppotlmilty to conduct a risk assessment or inspection for the presence oflead-based paint and/or lead-based paint hazards. D-1 11231-0001A12R8442v3.doc P -92 AGF,NT'S ACKNOWLEDGMENT 6Y AGENT'S EXECUTION BELOW, AGENT ACKNOWLEDGES THAT: Agent has informed Seller of Seller's obligations under 42 U.S.C. §4852d and is aware of his or her responsibility to ensure compliance. CERTIFICATION OF ACCURACY The following parties have reviewed the information above and certify, to the best of their knowledge, that Ilte iuformatiov they have provided is nve and accurate. SELLER: BUYER CITY OF RANCI-10 CUC.4N.ONGA, _ a municipal comoration a(n) By: Print Name: Title: AGENT: By: Print Name: Title: D-2 11231-0001A128R442v3.doc P -93 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attn: City Clerk APN: (SPACE A60VE THfS LIMP. RE'SERVEll ROR REGORDLiR'S USE) [FORM FOR SFR UNITS THAT ARE TO BE SOLD TO ELIGIBLE OWNER-OCCUPANTS] COVENANTS. CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY dINCLIIDING RESALE RESTRICTION) THESE COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY (1NCLUDLNG RESALE RESTRICTION} ("CC&R's") are entered into this day of , 2010 (the '`Effective Date"), by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("City") and (together with its successors, assigns and successors-in-interest, collectively, the `'Owner"). RECITALS WHEREAS, the City is a California municipal corporation which has received funds ("NSP Funds'') from the United States Department of Housing and Urban Development pursuant to the federal Housing and Economic Recovery Act of 2008 and Neighborhood Stabilization Program for the purpose of acquisition and redevelopment of abandoned and foreclosed homes and residential properties to provide decent, safe, sanitary and affordable housing for low and moderate income households in the City; and WHEREAS, the City desires to increase, improve and preserve affordable homeownership opportunities available to low and moderate income households within the City; and WHEREAS, to promote this goal, rho City has established the NSP Acquisition/Rehabilitation and Resale Program (the "Cify NSP Program") pursuant to which the City will acquire and rehabilitate and then sell single-family homes for the purpose of occupancy by qualified low, moderate and middle income households, as described herein; and WHEREAS, the City acquired the land, improvements and fixtures commonly known as (collectively, the "Property"). The land included in the Property is described on Exhibit "A" attached hereto; and EXHIBIT - C -1- P -94 WHEREAS, substantially concurrently herewith, the City is selling the Property to Owner pursuant to a Purchase and Sale Agreement dated , 20_ (the `'Purchase Agreement") subject to the condition that the Owner execute, deliver acrd record these CC&.R's which, among other things, impose certain continuing restrictions and obligations related to and on the Property; and WHEREAS, the Owner agrees for themselves, their successors and assigns and all successors-in-interest to all or any portion of the Property that the Property is to be an owner- occupied residence and if sold, will be sold only to low, moderate or middle income families at an affordable housing cost, as more particularly defined and described below; and WHEREAS, the City also has an interest in insuring that the Property funded by the Prograrn is properly maintained and remains attractive. NOW, THEREFORE, in consideration of the promises contained below and other good and sufficient consideration, the receipt of which is hereby acknowledged, the City and the Owner hereby agree as follows: 1. Citv of Rancho Cucamonga Suuports Affordable Housing. The City supports affordable housing for low, moderate and middle income residents within the City of Rancho Cucamonga as set forth in regulations published it 24 Code of Federal Regina±ierls Part 92. In administering the City NSP Program, City is implementing the objective of increasing the ratio of decent, safe and sanitary owner-occupied single-family residences to rental property throughout the City. 2. Definitions. For purposes of tl'iis Agreement, the following definitions shall apP1Y (a) Low Income: A fvnily whose income does not exceed fifty percent (50%) of the median family income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than fifty percent (50%) of the median income for the area on the basis of HUD findings that such va:iations are necessary because of prevailing levels of cons±ructior. costs or fair :racket rents, or unusually high or low family incomes. (b) Moderate Income: A family whose income does not exceed eighty percent (80%) of the median family income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than eighty percent (80%) of the median income fur the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. (c) Middie h~come: A family whose income does not exceed one hundred twenty percent (120%) of the median family income for the area, as determined by HUD with adjustments for smaller and larger families, except that HLJD may establish income ceilings higher or lower than one hundred twenty percent (120%) of the median income for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes. -~- 11231-0007 V 309?91 v2.doc P -95 (d) Eligible Household: A household whose annual income does not exceed one hundred twenty percent (120%) of area median uicome for San Bernardino County, adjusted for family size, and who is otherwise a household of low, moderate, or middle income, as defined above. (e) Affordable Housing Cost: No more than thirty-five percent (35%) of Annual Income (as defined at 24 CPR 5.609 as amended from time to time). For purposes of determining Affordable Housing Cost, an estimate of the following housing costs for the upcoming twelve (12) months shall be included: i) principal and interest payments on any mortgage loan; ii) mortgage loan insurance fees; iii) property taxes and assessments; iv) fire and casualty insurance; and any v) homeowner association fees. (f) Owners: Means the current owners of the Property who have acquired the same from the City and any subsequent purchaser, successor, assignee, or successor-in-interest. 3. Term: Affordability Period. The term and affordability period for these covenants, conditions and restrictions shall be effective in perpetuity. 4. Disclosure Requirements. Prior to the execution of a purchase and sale agreemeut between the current Owner or any future Owner and any subsequent purchaser of the Property, and in such Purchase and Sale Agreement, the Owner(s) shall disclose, it writing, to the purchaser the fact that the Property is burdened by these certain "Covenants, Conditions and Restrictions Affecting Real Property" and that the requirements stated iu flrese CC&R's will remain in effect in perpetuity. 5. Resale Restriction. The Property maybe sold by Owners during the Affordability Pet7od only to an Eligible Household at an Affordable Housing Cost and in compliance with 24 CFR 92.254, and any sale shall 'be subject to the City's right of first refusal in Section 8 below. An}° buyer of the Property shall expressly assume, in writing, Owner's obligations under the Purchase Money Loan and such assumption agreement shall be delivered to Agency as a condition to the sale, unless the Purchase Money Loan (including interest) is repaid as part of the sale. 6. Owner-Occupancy. Owner will occupy the Property as Owner's prmary residence. Owner's attempt to rent or actual rental of the Property for any purpose shall be a material breach of these CG&R's and shall entitle City to exercise all available legal and equitable remedies. 7. Monitorin>; by the City. On or about Ju]y 1st, of each calendar year, the City will mail a form to the record owner of the Property to confirm that the Property is owner occupied. The Owner of the Property shall complete the form and return it to the City within thirty (30) calendar days after receipt of the request from the City. City may also at any time contact the occupants of the Property in order to verify compliance with these CCRR's. 8. Bindine on Successors in Interest. Owner hereby covenants and agrees that their heirs, successors and assigns, and every successor in interest to the Property, or any part thereof shall comply with each and every terns, covenant, condition and restriction contained -3- i I?37-0001 V 309291 v2.dce P -96 herein. These CC&R's shall run with the land, and shall be enforceable by the City in an action for specific performance against the Owners and/or their successors and assigns. 9. Maintenance of Property. (a) Owner agrees, for itself, ifs successors and assigns, that Owner shall maintain the Property, dwelling unit, improvements, landscaping and fixtures in good repair and shall keep the Property free firom any accumulation of debris or waste materials, consistent with the customary practice and so as not to create a nuisance, or violate any provision of the City of Rancho Cucamonga Municipal Code (the "Municipal Code"). (b) All exterior painted surfaces shall be maintained at all times in a clean and presentable manner, free from chipping, cracking and defacing marks. Any such defacing marks shall be c]eaned or removed within the time as set forth in suUparagraph (d) below. (c) Owner shall at all times maintain the front exterior, visibie side exteriors and yard in a clean, safe and presentable manner, free from defacing marks or any disrepair. Owner shall maintain andlor repair the front exterior or rear or visible side yard and exterior of the dwelling unit. (d) All graffiti and defacement of any type, including marks, words and pictures, must be removed and any necessary painting or repair completed within one (1) week of their creation or within one (1) week after notice to the Owmer. (e) All driveways must Ue paved and maintained with impervious material in accordance with the Municipal Code. 10. Remedies for Breach. Upon breach of any of these CC&R"s, the City may exercise any and all remedies available to it at law or equity. These remedies include, without limitation, at3 action for injunctive re]ief or specific performance, performing the obligation (as described below) in which case Owner shal] reimburse City for the costs thereof within five (5) business days after written demand. If the City Manager or his or her designee finds that the conditions of the dwelling miit or the Property constitute a breach of Section 1 l of this Agreement, then the City shall so notify the Owners in writing and the Owners shall have ten (10) days following this written notice to con'ect or abate such breach. if the conditions are not corrected to the reasonable satisfaction of the City Manager, then the City, its employees or its agents may enter upon the Property to remedy and abate the conditions creating the breach. Owner shall reimburse city within five (5) business days after written demand for City's costs of remedying the conditions creating the breach, including, without limitation, administrative, overhead, and engineering costs. The obligation to pay such costs shall also be secured by the Deed of Trust. In the event of noncompliuice with any provision under these CC&R's, the City may take any and all enforcement actions provided for by any provision of the Municipal Code. The provisions of this Section are supplemental to all other rights and remedies available to the City. -4- 11231-oUUi\1309291 v2.doc P -97 11. Citv as Beneficiuw. The City is the beneficiary of the terms and provisions of these CC&R's running with the land, both for and in its own right, and for the purposes of protecting the intc~r-ests of the conununity and other parties, public or private, for whose benefit these CC&Rs running with the land have been provided. These CC&R's shall run in favor of the City without regard to whether the City has been, remains, or is an owner or has any interest in the Property or in any other parcel in the City. The City shall Have the right, but not the obligation, to exercise all rights and remedies and to maintain any actions at law or in equity or any other proceedings to enforce these CCB R's. 12. Nouwaiver. The failure of City to enforce any one or more of the covenants, conditions or restrictions contained herein on any one or more occasions shall not constitute a waiver ofthe City's right to enforce the covenants, conditions and restrictions in the future. 13. Attorneys` Pees. Should the City bring an action to enforce the terms of these CCB.R's, the prevailing party shall be entitled to costs of snit, including reasonable attorneys' fees. 14. Joint and Several Liability. if Owner consists of more than one person, each hereunder shall be joint and severally ]table under the CC&R's. CITY: CITY OF RANCHO CUCAMONGA, a California municipal corporation By: City Manager Attest: By: City Clerk APPROVED AS TO FORM: B y: City Attorney OWNER: -5- 1123 I -0001'.1309291 v2.dnc P -98 RECORDING REQUESTED BY, AND WHEN RECORDED MAIL TO (and mail a,1y tax statements to): Attn: LJNE FOR GRANT DEED THE UNDERSIGNED GRANTOR DECLP.RES THAT: Docurlentary Transf r Tax is $0.55 per $500 computed on the consideration for value of the interest conveyed. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITS' OF RANCHO CUCAMONGA, a municipal corporation ("Grantor") hereby grants (`°Grantee"), the land located in the City of Rancho Cucamonga, County of San Bernardino, State of California, described on "Exhibit A" attached hereto and incorporated herein by reference, together with all improvements and fixtures thereon, subject to all matters of record and all matters that would be disclosed by an inspection, including all matters that would be disclosed by a correct ALTA survey of such property. IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of the date set forth below. Dated: , 2011 CITY OF RANCHO CUCAMONGA Print EXHIBIT - D -1- P -99 ACICNO~VLEDGEMENT State of C.alifomia County of On before me, name and tide ollhe of~oer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the inshvment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify wider PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) -~- 112i l -0001 U 3123R l v Ltloc P -100 EXHBITI "A" LEGAL DESCRIPTION 11231-0001',1312381 v1.doc P -101 ~;~-L' RICHARDS ~ WATSON j GERSHON f~C~ ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION 355 South Grand Avenue, 40th Floor, Los Angeles, California 90071-3101 Telephone 213.626.8484 Facsimile 213.626.0078 richard ncnards 1i91~rosal SELLER'S ESCROW INSTRUCTTONS glenn r. Watson lretiredl harry i. aershon 11922=?owl _ , 2011 sfeven 1. tlorsey williom I. strausz fah°Ile.abb°" VIA PDF AND FED EX r wslepanicicn q`wrol w. lynch gregory m, kuneri Chleag0 Title Insurance Company thomas m. iimb° robert c. ce<con sf even b. Kaufmann CEO G'hlCagO Title EsatOW Servrces k°"° g" cools robin d. horns 18725 E. Gale Avenue, Suite 225 michael esf~odo laurence s. v+iener City Of 1ridUSlry, CA 91748 sfeven c orr b. Tilden Kim Escrow Officer Attn: saskia 1. psamum , "°'~ ° s'°°I° 1. pe er p.erce Re: Escrow No. Order No. farence r. pooa I!sa bond ' Jane} e. coleson roxanne m. diaz jim g. Grayson ray ~ alaike Ladies and Gentlemen: williom p. curieyy hi michael f. yoshiba _ regina n. Banner iwRg w ° p° 9 This letter constitutes the escrow instructions of the CITY OF RANCHO olb a y bru e diano k. cnuang , k b b k c: » CUCAMONGA (Seller) in connection with the sale by Seller to HOUSE no~ oca d oP ° ~ ynow dovld m a California nonprofit public benefit corporation ( Buyer") of the land RUTH . lolly a, ennquez kirstenr. dawn,°" , described in your title report dated issued under Order No. billy d. tlunsrnore amy greyson nakman r n r d b ~ azld improvements thereon (collectively, the "Property") for $ tie . o a e d, cralg fox :°sane.rusnak "Purchase Price"). g. tnder khalsa gLleffa L giovlnco ~nsha orla aandi=a k. lee You have previously received a copy of an executed Purchase and Sale aavitl g. altlenon marlcela e. marroquin sunnen Agreement dated as of , 2011 (the "Purchase Agt•eetnent' aena m. ' ~enniier petrusls sfeven l_uower between Buyer and Seiler. ChrSfODnaf . a°2 de6ale y. cho erin 1. powers foussaini s. ba"Bey 1 DOCUMENTS. whiiney g. mctlonald seido r. young veronica z. guntlerson snm khm° t The-followin * executed documents (or counterparts thereof) are enclosed or diona n. vas kdiina c. gonmles drissphei Lhentliicks Will be del]Vered t0 yOU: of counsel mark I. lamken sov~e weaver +` (i) a Grant Deed executed by the Seller (the "Deed ); jim i kmpiak leresa ho-uranc son francisco office (ii) Conditions, Covenants and Restrictions executed by Buyer and Seller telephone 415.42 L8484 and acknowledged (the "CC&R's"). orange coong °fri<e telephone 714.9SO.C901 EXHIBIT - E RICHARDS ~ WATSON ~ GERSHON ATTORNEYS AT CAW -A PROiES510NA1 CORPORATION Chicago Title Insurance Company 2011 Page 2 2. BUYER. 2.1 Buyer shall wire transfer to Escrow No. ('`Buyer Funds") any funds required of Buyer pursuant to the Settlement Statement described in Section 4.4 below (if any, the "Buyer Cost Deposit"). 3. CLOSING INSTRUCTIONS. Provided that all of the conditions set forth in Section 4 (below) have been satisfied, you shall: 3.1 Bate any undated documents as of the date of the recording/closing. Collate the signature pages and acknowledgments from counterpart originals of any documents delivered by, or on behalf of, the Buyer and Seller. 3.2 Record the Deed, and then the CC&R's in the Official Records of San Bernardino County. 3.3 Disburse the Buyer Cost Deposit in accordance with the Settlement Statement described in Section 4.3 below. 3.4 Deliver copies of the Deed and CC&R's to the Buyer pursuant to the Buyer's iustruetions to you, and to the Seller e1o Tom Grahn at City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, CA 91729-0807. 4. CONDITIONS PKECEDENT TO CLOSING. 1'ou are hereby authorized to record when and only when: 4.1 You have in your possession the documents described it: Section 1 (or counterparts thereof), fully executed and, far all documents that are to be recorded, duly acknowledged and otherwise in recordable form. 4.2 You have received the Purchase Price and the Buyer Cost Deposit; 4.3 You have received a settlement statement prepared by you and executed (or initialed) by Buyer and Seller providing for the application of funds received by you and payment of fees and premiums charged and expenses incurred by you (the "Settlement Statement"). 4.4 You are in-evocably committed to issue to the Seller an ALTA lender to the policy in the amount of $ irr the form (and with the endorsements) attached hereto as Exhibit A (,the "Seller's Title Policy'). P -102 1 1231-0001 AI312576v Ldoc RICHRRDS~WATSON~GERSHON ATTORNEYS AT LAV!-A PROFESSIONAL CORPOftATiON Chicago Title Insurance Compvey 2011 Page 3 4.5 YOU HAVE TELEPHONED AND RECEIVED ORAL CONFIRMATION FROM THE UNDERSIGNED (AT 213/253-0249) THAT ALL OTHER CONDITIONS TO CLOSING REQUIRED BY THE SELLER TO BE FULFILLED OUTSIDE OF ESCROW HAVE BEEN FULFILLED TO THE SATISFACTION OF THE SELLER. OTHER MATTERS. 5.1 You shall notify the undersigned when you have received confirmation that the recorded documents have been recorded in the Official Records. 5.2 Within five (~) business days after the close of escrow, delivery the original and one copy of the Seller's 'title Policy to the Seller (e/o Tom Grahn) and one copy to the undersigned. 5.3 Payment of ali title insurance premiums, escrow fees, recording fees, taxes and any other fees, costs and expenses are to be paid by in accordance with the Settlement Statement. 5.4 If you cannot comply with all of the foregoing by 3:00 p.m. on 20l I, you are not authorized to record or deliver any documents or disburse or disburse or apply any funds; in such event, you shall call the undersigned without delay. 5.5 These instructions may be changed or revoked at any time by oral instructions from the undersigned, to he followed by written confirmation. 5.6 Your recordation of any of any document, delivery of any document, or disbursement of application of any funds shall be deemed acceptance of these ,instructions by you and your irrevocable agreement to comply therewith; however, we request that you siam and return (via facsimile) a copy of this letter indicating its acceptance of and agreement to comply with all of the instructions set forth in this letter. P -103 11231-0001 V 31257Gv Ldoc RICHARDS~WATSON~6ERSHON ATTORNEYS Ai LAW -A PROFESSIONgI CORPORATION Chicago Title insurance Company 2017 Page 4 Very truly yours, Bruce Gallou-ay of Richards, Watson & Gershon Counsel to Seller cc: Mr. Tom Grahn (by email/PDF) (by email/PDF) P -104 11231-OOOIU31257Gv Ldoc RICHARDS~WATSON~GERSHON ATTORNEYS AT LAW - A PROFESSIONAL CORPORATION Chicago Title hnsurance Company 2011 Page 5 ACKNOWLEDGMENT AND AGREEMENT The undersigned acknowledges and agrees that (1) the persgns executing this Acknowledgment and Agreement on behalf of Chicago Title Insurance Company as escrow agent and title insurer are duly authorized to do so; and (2) Chicago Title Insurance Company will act in accordance with the foregoing escrow instructions. CHICAGO TITLE INSliRANCE COMPANY B y: Escrow Officer By: Title Officer Dated: , 201 ] P -105 1123 I -0001 \ 1312576v I .dcx: P -106 EXHIBIT "A" PRO FORMA LENDER'S TITLE POLICY (INSURING SELLER DEED OF TRUST) (Attached.) 11231-0001 \131257liv LAoc P -107 STAFF REPORT PL\NNIivG DEP.jR'I'\fENT Date To: From: By: Subject: February 2, 2011 Mayor and Members of the City Council Jack Lam, AICP, City Manager James Troyer, AICP, Planning Director Thomas Grahn, Associate Planner Pinecrest Place acquired under the NSP AcquisitionlRehabilitation and Reuse activity for occupancy by income eligible households in the Low Income (LH25) category consistent with the U.S. Department of Housing and Urban Development NSP guidelines. RANCHO G'UCAMONGA NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROPERTY SALE DRC2010-00707T -CITY OF RANCHO CUCAMONGA -The sale of 8722 1/2 RECOMMENDATION: Staff recommends that the City Council approve the- sale of 8722 '/Z Pinecrest Place to the House of Ruth for occupancy by income eligible households in the Low Income (LH25) category consistent with the US Department of Housing and Urban Development (HUD) Neighborhood Stabilization Program (NSP) guidelines. BACKGROUND: The Housing and Economic Recovery Act of 2008 (HERA) appropriated $3.92 billion in emergency assistance for the redevelopment of abandoned and foreclosed homes and residential properties. Grants under the HERA are considered Community Development Block Grant (CDBG) funds and are implemented by HUD through the NSP. The City's NSP was approved by the City Council on November 5, 2008 and amended on February 17, 2010. The City's NSP contains two housing acquisition activities: AcquisitionlRehabilitation and Resale - First Time Homebuyer Program - The acquisition and rehabilitation of single-family and multi-family homes that will be sold to income eligible homebuyers. NSP guidelines restrict the income to 120 percent of the area median income. 2. AcquisitionlRehabilitation and Reuse -Affordable Housing Program -The acquisition and rehabilitation of single-family and multi-family homes that will be made available to low income housing providers who will rent the units to income eligible tenants. NSP guidelines restrict the income to 50 percent of the area median income. During March 2010, staff began working with the National Community Stabilization Trust (NCST) for the acquisition of foreclosed and abandoned properties. The NCST is a Washington, DC based non-profit organization that facilitates the transfer of foreclosed and abandoned properties from financial institutions nationwide to local housing organizations to promote property reuse and neighborhood stability. The NCST was created to act as a middleman between cities looking to acquire abandoned properties and the lenders seeking td sell them. P -108 CITY COUNCIL STAFF REPORT DRC2010-00707T - CITY OF RANCHO CUCAMONGA February 2, 2011 Page 2 All properties acquired under the City's NSP program have been through our participation with the NCST. Consistent with NSP guidelines, all acquired properties were vacant (either foreclosed or abandoned) and were acquired for a minimum 1 percent below their current appraised value. ANALYSIS: On July 30, 2010, the City acquired 8722 1/2 Pinecrest Place for $119,000 under the City's NSP Acquisition/Rehabilitation and Reuse -Affordable Housing Program. This property is located within the Discovery Village complex, located at the northeast corner of Archibald Avenue and Feron Boulevard. The unit at 8722 1/2 Pinecrest Place is a two-story, two-bedroom, 1-1/2 bathroom unit totaling 1,179 square feet, with a detached adjacent single-car garage. Because the property was acquired under this specific NSP program, it must be utilized for the housing of persons who are at or below 50 percent of the area median income. In order to insure that the property is managed and utilized for rental purposes, staff recommends transferring the title to the House of Ruth at no cost, thereby making the property available for rental to income eligible households. Under the terms of the agreement, the House of Ruth would be able to utilize the property indefinitely, but would also be responsible for all aspects of property ownership, including: finding tenants, interior maintenance, payment of property taxes, payment of HOA fees, etc. In addition to the transfer of title, the NSP program would also provide funds (approximately $22,000) towards habitability repairs of the property. Per NSP guidelines, the occupancy of these units must be for long-term tenancy (a minimum 1 year lease), must be available to income eligible households earning less than 50 percent of the area median income (adjusted for family size), and at a monthly rent that does not exceed 30 percent of the adjusted household income. The attached documents provide: • Purchase and Sale Agreement: Details all aspects of the purchase and sale of the property between the City of Rancho Cucamonga and the House of Ruth. This document essentially requires the buyer to buy and the seller to sell the property under specified terms and conditions. Covenants, Conditions, and Restrictions (CC&Rs): Identifies the specific covenants, conditions, and restrictions applicable to ownership and operation of the property. • Promissory Note Secured by Deed of Trust (Purchase Money Loan): Specifies the terms and conditions for the purchase money loan. • Promissory Note Secured by Deed of Trust (Rehab Loan): Specifies the terms and conditions for the rehabilitation loan. • Deed of Trust: Conveys the City's interest in the property to the House of Ruth. • Grant Deed: Contains implied warranties that the City has not previously conveyed or encumbered the property. Sellers Escrow Instructions: Provides directions to the escrow company. P -109 CITY COUNCIL STAFF REPORT DRC2010-00707T -CITY OF RANCHO CUCAMONGA February 2, 2011 Page 3 CONCLUSION: Staff recommends the approval of the following agreements through minute action, which will allow for the sale of 8722 1/2 Pinecrest Place to the House of Ruth consistent with HUD's NSP guidelines and the City's NSP program. Respectfully submitted, R' ~~, Jam' R. Troyer, AICP Planning Director JRT:TG/ge Attachments: Exhibit A -NSP Acquisition/Rehabilitation and Reuse Activity Description Exhibit B -Purchase and Sale Agreement Exhibit C -Covenants, Conditions, and Restrictions Exhibit D -Promissory Note Secured by Deed of Trust (Purchase Money Loan) Exhibit E -Promissory Note Secured by Deed of Trust (Rehab Loan) Exhibit F -Deed of Trust Exhibit G -Grant Deed Exhibit H -Sellers Escrow Instructions P -110 1) Adivity Name: NSP Acquisition/Rehabilitation and Reuse - Affordable Housing Program (Activity 1712) 2) Activity Tvpe: NSP Eligible Use - (Ai Establish financing mechanism for purchase and redevelopment of foreclosed upon homes and residential properties and (B) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon; CDBG Eligible Activity - 24 CFR 670.201(a) Acquisition, (b) Disposition, and 570.202 Rehabilitation. 3) National Objective: Beneficiaries of the units acquired through .this activity will be restricted to LMMC as defined in the NSP notice. All participants will be restricted to the income level below 50 percent of the AMI. 4) Proiected Start Date: 12/01/2008 5) Proiected End Date: 06/30/2013 6) ResponsibleOrRanization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact: Tom Grahn, (909) 477-2750, tom.Rrahn(a~citvofrcus 7) Location Description: The use of NSP funds will be targeted to those Census Tracts with a high risk factor of foreclosure; this includes Census Tracts 22.03, 21.00, 20.04, 20.05, 13.04, 20.07, 8.12, 20.03, and 20.06. The acquisition of homes in the southwest Cucamonga area (Census Tred 21.00) is encouraged due to the concentration of lower income households. 8) Adivity Description: The City will acquire and rehabilitate foreclosed and abandoned single-family and multi-family (e.g., condo and townhome) units and use them in cooperation with local non-profit housing developers (e.g., Northtown Housing Development Corporation, National CORE, House of Ruth, Foothill Family Shelter, etc.). Available funds will be used for the acquisition of a minimum of 2 homes, and provide any necessary rehabilitation (based on the availability of funds). The homes acquired through this activity will provide affordable rental opportunities for individuals and families earning at or below 50 percent of the AMI. Rents charged will not exceed Fair Market Rents, as published by HUD. Household rent cannot exceed 30 percent of the household monthly income. Title will be held by the non-profit and any assistance provided by the activity will be recorded as asilent-second, which will be repaid, along with any associated NSP funded rehabilitation costs, and will last for the duration of ownership by the' non-profit group. Any funds received as program income (acquisition and rehabilitation funds) may be reutilized for the acquisition of additional housing uhits. Any rehabilitation activities associated with these acquired homes will be coordinated through the City's CDBG funded Home Improvement Program. Once the home is acquired, the City will determine the priority of rehabilitation activity, and coordinate rehabilitation improvements with local contractors. Rehabilitation funds are not distributed to the program recipient, but are instead coordinated through the City program. All of the foreclosed or abandoned homes acquired this activity will be minimum of 1 percent below fair market value. 9) Total Budget: The initial budget for this program is $533,350.00 (26 percent of Rancho Cucamonga's NSP allocation) assuming 100 percent financing by the City for the acquisition, rehabilitation and reuse of any acquired properties. Note that additional funds may be transferred from the Acquisition/Rehabilitation and Reuse -First Time Homebuyer program should additional funds be needed to meet this minimum program funding requirement. EX H I B f T A Substantial Amendment to the Neighborhood Stabilization Program - Pagc 9 P -111 10) Performance Measures: The performance measurement outcomes will be measured by the total number of affordable housing units made available. This activity will assist in the purchase of a minimum of 2 homes to be occupied by persons at or below 50 percent of the area median income. Substantial Amendment to the Neighborhood Sta611ization Program -Page 10 P-772 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is dated as of 2011, and is entered into by and between HOUSE OF RUTH, a California nonprofit public benefit corporation (`'Buyer'). and the CITY OF RANCHO CUCAMONGA; a municipal corporation ('`Seller''). RECITALS A. Seller has acquired the Property (as described and defined below) using federal funds (the `NSP Funds") distributed as part of the emergency assistance for the redevelopment of abandoned and foreclosed homes under Section 2301 et seq. of Title 3 of Division B of the Housing and Economic Recovery Act of 2008; as amended by the American Recovery and Reinvestment Act of 2009, H.R. 1, as may be further amended and supplemented fi-om time to time (collectively, the "Act") and the Notice of Allocations, Application Procedures, Regulatory Waivers Granted to and Alternative Requirements for Emergency Assistance for Redevelopment of Abandoned and Foreclosed Homes under the Housing and Economic Recovery Act, 2008 issued by the Department of Housing and Urban Development ("IIUD") and found at the Federal Register/Vol. 73, No. 194/October 6, 2008/Notices, as the same may be amended, restated or supplemented (the "NSP Regulations"). The Act and the NSP Regulations are hereafter referred to collectively as the "NSP Guidelines". This transaction is intended to comply with the provisions of the NSP Guidelines. B. Seller desires to sell the Property to Buyer, subject to and upon the teens and conditions hereinafter set Lorth, including the requirement that Buyer shall first rehabilitate/improve the Property using NSP Eunds provided by Seller and then diligently lease the Property in accordance with the CC&R's (as defined in Recital C below). C. ht order to comply with the NSP Guidelines, Buyer and Seller must, among other things, execute, acknowledge and record against the Property, concurrently with the sale of the Property by Seller to Buyer hereunder, written `'covenants. conditions and restrictions' in the form attached to the end of this Agreement as Exhibit `9-f~ (the "CC&R's"). 1. PURCHASE AND SALE: PURCHASE PR1CE; SELLER FINANCING: POST- 1.1 Purchase and Sale. Upon the ternts and subject to the conditions in this Agreement, Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the land in the City of Rancho Cucamonga, County of San Bernardino; State of California, described on Exhibit "A" attached hereto (the "Land'), together with Seller`s interest in all buildings and other improvements thereon and Seller's interest in all fixtures, funrishings and other tangible personal property situated in or upon or used in connection with the operation or maintenvrce of the Property (collectively, the "Property"). 1? Purchase Price. The purchase price (``Purchase Price") for the Property shall be One Hundred Nineteen Thousand and No/100 Dollars ($119,000.00), which is the amount of the costs incurred by Seller in acquiring the Property and which shall be paid (or forgiven) in EXHIBIT B P -113 accordance with the terms of a $119,000 secured promissory note in favor of the Seller described in Section 1.3 below. 1.3 Purchase Money Financing from Seller. Buyer shall execute and deliver to Seller, through Escrow, a promissory note in the form attached hereto as Exhibit "B" (the "Purchase Money Note"), which shall be secured by a deed of trust on the Property in the form of Exhibit "C" executed and acknowledged by Buyer, delivered to Escrow and recorded at the Close of Escrow (the "City Deed of Trust"). 1.4 Rehabilitation/Repair Loan from NSP Funds Provided by Seller. Concurrently with the Close of Escrow, and as a condition to the Close of Escrow, Buyer shall execute and deliver to Seller a promissory note in the form attached hereto as Exhibit "D" (the "Rehab Loan Note") which evidences arehabilitation/repair loan of up to $22,000 made by the Seller from the Seller's NSP Funds (the "Rehab Loair'} for the costs of the work described in Exhibit "E" (the "Rehab Work''), The Rehab Loan Note will also be secured by the City Deed of Trus±. A default by Buyer under the Rehab Loan Note shall constitute a default under the Purchase Money Note, and a default by Buyer wider the Purchase Money Note shall constitute a default by Buyer under the Rehab Loan Note. Seller will disburse the Rehab Loan from time to time, but not more after than once every 30 days, after receipt of a written request for disbursement from Buyer describing the amount requested, and the costs that it is intended to pay, copies of applicable invoices for the work, appropriate mechanics iien releases (i.e., conditional for the current mouth of invoices acrd unconditional for all prior invoices for work for which Rehab Loan funds were previously disbursed) and such other reasonable and customary construction loan disbursement conditions as may be imposed by Seller. No monthly payments shall be due on the Rehab Loan, and repayment of the Rehab Loan shall not be required (the Rehab Loan being a conditional grant) if Buyer does not default under this Agreement or any of the documents executed by Buyer under or in connection with this Agreement (or default by) the applicable cure period, if any, expressly provided. 1.5 Process for Rehabilitation/Repair Work. The process for bidding, contracting for and approving the Rehab Work shall be as set forth in the "City of Ranch Cucamonga Community Development Block Grant Home hnprovement Program Guidelines" (specifcally: Article IV, Sections C, E 4 and 1; Article V, Sections A 8, 9, 10, 11, 13 and 14; Article Xlll, Section B (second and third sentences), C 2-6, and D; Article VX, Sections A', B, and C '1, 3, 4, 5 and 6; Article V1X; and Exhibits I, d, K, L; M and N) (collectively, the `9mprovement Guidelines') subject to such changes as may he required by Seller iu good faith, and Buyer shall comply therewith. Buyer hereby acknowledges that it has received, reviewed and approved the hnprovement Guidelines. l .6 Completion ofPost-Closing Repairs and Renovations; Buyer shall cause the work described ou Exhibit "E" to be diligently completed, as extended by delays in completing the work that are not within the control of Buyer. 2. TITLE 2.1 General. Title to the Property shall be conveyed by Grant Deed in the form attached hereto as Exhibit "P" and shall be evidenced by a CLTA Standard Coverage Fortn of 1 1 23 1-0001 V J 1261 Svl .doe P -774 Owner's Policy of Title Insurance (or an ALTA Extended Coverage Forni Policy if Buyer elects such coverage as provided in Section 2.3 below) (the "Title Policy")issued by Chicago Title Insurance Company, c/o Chicago Title Escrow Services, 18725 E. Gale Avenue, Suite 225, City of Industry, CA 91748 Attn: ,Escrow Officer (Phone: ) ; ,Title Officer ( / ) (,"Escrow Holder" or "Title Company"), with liability in the full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other matters affecting title to the Property, except the following (the "Approved Title Exceptions"): (a) Assessments not yet due and payable; (b) The City Deed of Trust; (c) The CC&R's; (d) Exceptions approved by Buyer or deemed approved by Buyer under Section 2.4 2.2 Option for ALTA Coverage. Buyer shall have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance. In such event, Buyer shall, at its expense, procure an ALTA survey (the "Survey") and the cost of the ALTA extended coverage shall be borne by Buyer. 2.3 Title and Survey Review. Within ten (10) days following the date hereof, Buyer shall notify Seller (the "Objection Notice") which of the liens, encumbrances and other matters described in the title report dated , 20_ issued by the Title Company under Order No. (the ``PTR") are unacceptable to Buyer (the "Unpennitted Matters"), and Seller shall then have until the date that is ten (10) days after Seller's receipt of the Objection Notice to inform Buyer in writing that Seller will remove such Unpennitted Matters. If Buyer does not timely object, Buyer will be deemed to have approved all matters described in the PTR. The matters in flte PTR that are not Unpenmitted Matters shall he deemed approved by Buyer. The Objection Notice shall also specify what reasonable title endorsements Buyer will require (the "Required Endorsements"). hf Seller is unable to remove any such Unpennitted Matters or cause them to be "insured over" by the T itle Company in a manner reasonably approved by Buyer, or cause the Title Company to issue the Required Endorsements by the scheduled Close of Escrow, then Seller shall so notify Buyer in writing (the "Seller Notice") within ten (10) days after receipt of the Objection Notice and Buyer shall then have the option of (A) proceeding with this Agreement and taking title subject to the "thtpern3itted Matters" or (B) terminating this Agreement, in which event tkte Deposit, and all interest earned thereon, shall be returned to Buyer and neither patty shall have guy further obligations or liabilities hereunder. Buyer shall exercise one of its options set forth in clause (A) or (B) above by providing unconditional written notice thereof to Seller on or before the date that is five (5) days after Seller gives tl?e Seller Notice, and, if Buyer fails to provide such election notice within such time, then Buyer shall be deemed to have elected to proceed in accordance with clause (A). Buyer shall have until , 2011 to obtain an ALTA survey and shall have three (3}business days after receipt of such survey to provide to the City written notice of any reasonable objections Buyer may have to ALTA title exceptions disclosed by the survey 11231-0001 \ 1312615v I .Aoc P -115 (and not clearly evident from the PTR absent an ALTA survey). Such written notic e from Buyer shall constitute an "Objection Notice" under the preceding paragraph and shall be subject to the provisions of the preceding paragraph. 2.4 Condominium or Planned Unit Development. The Property is a condominium. Buyer is responsible for obtaining and reviewing the covenants, conditions and restrictions and bylaws of the condominium; however, Seller agrees to use reasonable efforts, to assist Buyer in obtaining a copy of the covenants, conditions and restrctions and bylaws. Buyer will be deemed to have accepted the covenants, conditions and restrictions and bylaws if Buyer does not notify Seller in writing, within fifteen (1 ~) days after receipt thereof that Buyer disapproves, specifying reasonable bases for disapproval. If Seller does not reasonably address the basis for disapproval on or before the date that is five (5) business days prior to the Scheduled Close of Escro\v, then Buyer may terminate this Agreement by written notice to Seller. Additionally, Buyer acknowledges that this transaction may be subject to the written consent of the governing body of a condominium, planned unit development, co-operative, or home owner's association, depending on the covenants, conditions and restrictions andlor bylaws of said governing body. Seller agrees to promptly submit such references or other information as such governing body may require and Seller agrees to cooperate in any reasonable manner to obtain such consent, including a personal appearance by Seller before such governing body. Buyer shall be solely responsible for obtaining such consent. If after reasonable efforts, Seller is unable to obtain such governing body s consent to this transaction, Buyer may terminate this Agreement as Buyer's sole and exclusive remedy at law and/or equity, and Buyer and Seller shall have no further liability, no further obligation, and no further responsibility each to the other and Buyer and Seller shall be released from any further obligation each to the other in connection with this Agreement except as to any provision that survives termination pursuant to this Agreement. 3. DUE DILIGENCE' R1GHT OF ENTRY. 3.1 Seller Docwuents. Seller shall make available to Buyer for copying, at Buyer's expense, all leases and other non-privileged material documents in Seller's possession pertaining to the Property. Buyer shall promptly obtain a title report (and copies of title exception documents) for the Property. 3.2 Lead Paint Disclosure. (Check the provision that applies) ® Seller represents that the dwelling was constructed on the real property in 1978 or later ^ Seller represents that the dwelling was constructed on the real property before 1978. (]f such housing is located on the real property, complete the fom~ attached as EXHIBIT "G" (LEAD PA1NT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978).) 3.3 Physical Inspections. Seller hereby grants Buyer and its agents, employees, contractors and subcontractors (collectively "Representatives") the right to enter on the Property until , 2011 (the "Due Diligence Period") for the purpose of inspecting the physical condition of the Property, including soils and geological matters and toxic or hazardous Il?31-0001\I312615v1.doc P -116 substances and other contamination [subject to schedule and coordination with the City's at )]. Such investigations shall be at Buyers expense. All work performed by Buyer and its Representatives will be performed diligently and in a manner consistent with the standards of care, diligence and skill exercised by recognized consulting firms for similar services, and in accordance with all regulattiry and good management standards and the requirements of any govermnental agency or entity and all applicable laws, and shall not violate the rights of tenants. In connection with the inspections of the Property by Buyer and its Representatives, Buyer shall, at its own cost and expense, use cmmnercially reasonable efforts to keep the Property, in good order and repair and safe condition to the extent that such Property, improvements or personality were in such condition prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition, including, u~thout limitation, ensuring that any holes, ditches or other indentations, as well as any mounds or other inclines created by any excavation by Buyer or its Representatives are regraded, resurfaced and compacted. If any portion of the Property or an adjacent property, including improvements and fixtures, suffers damage or alteration by reason of the access and activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and expense, promptly repair all such damage and restore the Property or adjacent property to as good a condition as before such damage or alteration occurred, or if it cannot be repaired, Buyer shall replace such damaged or altered property to the extent possible. Prior to entc~ting the Property, Buyer shall provide Seller with reasonable evidence that Buyer (or its Representatives) has reasonable insurance covering Buyer's (or its Representatives) activities on the Property. [n any event, at its sole cost and expense, to defend, protect, indemnify, and hold free and harmless Seller and its employees, agents, and representatives, and their successors, and assiems (individually as "Indemnitee" and collectively, `9ndenuritees"); free and harmless from and against any and all damages, costs; expenses; liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever (collectively, the "Claims"), including fees of accountants, attorneys, expert witnesses, or other professionals, and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Buyer or ar;y of its Representatives arising or claimed to arise, directly or indirectly; out of; in connection with, resulting from, or related to entry upon the Property pursuant to this Section 3, except for that portion or percentage of a Claim against an Indemnitee based on the negligence, gross negligence or willful misconduct of such Indemnitee. 3.4 Buver Notitication of Hazardous Materials. Buyer and its Representatives shall promptly notify the Seller of any discovery. spill, release, or discharge of any "hazardous Materials'', as defined in Section 5.3 below, on, under or about the Property which is discovered, encountered, or results from or is related to the Buyer's or its Representatives' access to and/or use of the Property raider this Agreement. 3.5 Termination by Buver. If Buyer determines, in its good faith, commercially reasonable discretion, that the physical condition of the Property is not acceptable to Buyer, then Buyer may terminate this Agreement by written notice to Seller given on or before the end of the 11231-0001\I31261Svl.doc P -117 Due Diligence Period. If Buyer fails to so terminate this Agreement, Buyer shall be deemed to have approved all aspects of the condition of the Property. 4. ESCROW. 4.1 Escrow Instructions. This Agreement shall constitute escrow instructions and Buyer and Seller shall deposit a copy of this executed Agreement (or copies of executed counterparts) with the Escrow Holder within two (2) business days after the execution of this Agreement. 4.2 Escrow. Buyer and Seller shall promptly open escrow with Escrow Holder. If Escrow Holder shall require further escrow instructions, Escrow Holder shall promptly prepare such escrow inst~ctions on its usual fornr for the purchase and sale of the Property provided such further escrow instructions are consistent with this Agreement. The further escrow instructions shall incorporate each and every term of this Agreerent and shall provide that in the event of any conflict between the terms and conditions of this Agreement and such further escrow instructions, the terms and. conditions of this Agreement shall control. 4.3 Close of Escrow. Provided all of Seller's and Buyer's obligations to be performed on or before close of escrow have been performed and all the conditions to the close of escrow set forth in this Agreement have been satisfied; escrow shall close on or before 201 ] ("Closing Date"). If the closing does not occur by the Closing Date for any reason, then subject to Section 23 hereof, any party not then in default may terminate this Agreement by written notice to the other (and if such terminating party is the Buyer, or neither Seller nor Buyer is in default, then the Deposit and any interest thereon shall be returned to the Buyer). All risk of loss or damage (a; ising after the Closing Date) with respect to the Property shall pass fi-om Seller to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of escrow, subject to the Leases. 4.4 Buyer's Deliveries. On or before the close of escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): (a) The City Deed of Trust; (b) The CC~R's; (e) All other docwnents contemplated by this Agreement and required by Escrow Holder to be deposited by Buyer to carry out this escrow. Buyer shall deliver the executed Purchase Money Promissory Note and executed Rehab Loau Promissory Note directly to Seller. 4.~ Sellers Deliveries. Before the close ofescrow, Seller shall deposit into escrow the following (properly executed and acknowledged, if applicable) and deliver copies thereof (tnarked "copy") to Buyer: (a) The Grant Deed conveying the Property to Buyer; (b) Unless Seller is exempt from withholding, anon-foreign affidavit from Seller certifying that Seller is not a "foreig}i person," "foreign estate," "foreign corporation'' or "foreign 6 Il?31-000IV 312615v1.doc P -118 partnership" or any other foreign entity as such terms are def ned in Section 1445 of the Internal Revenue Code and the income tax regulations promulgated thereunder;, and (c) Any other documents contemplated by this Agreement or reasonably required by Escrow Holder or the Title Company to be deposited by Seller to carry out this escrow. 4.6 Conditions to the Close of Escrow. Buyer's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which arc for Buyer's benefit and maybe waived only by Buyer: (i) Title Company shall have issued or shall have committed h1 writing to issue the Title Policy to Buyer in the amount of the Purchase Price, showing fee title to the Property to be vested in Buyer, subject only to title exceptions approved or deemed approved by Buyee; and (ii) Seller shall not be in default under this Agreement. Seller's obligation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Seller's benefit and may be waived only by Seller: (A) Title Company shall have issued or shall have committed in writing to issue, at Buyer's cost, a lenders ALTA title policy in the amount of $119,000 insuring the City Deed of Trust subject to no liens; (B) Seller shall have been provided by Buyer with reasonable evidence (such as certificates of insurance) that Buyer has obtained al] of the insurance required by Section 5 of the City Deed of Trust; (C) Buyer shall not be in default under this Agreement. Waiver of any condition to close of escrow shall not relieve any party for liability resulting fmm breach of any representation, warranty, covenant or agreement under this Agreement. In the event that the conditions to close of escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement: (iii) This Agreement, The escrow and the rights and obligations of Buyer and Sel]ers hereunder shall terminate, except as otherwise provided herein; and (iv) Escrow Holder, upon such temlination, is hereby instructed to promptly t eturn to Buyer fwrds (and all interest accrued thereon) and docmnents deposited by Buyer in escrow, and Co return to Seller all funds and documents deposited by Seller in escrow and which are held by Escrow Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, the amount of any cancellation charges required to be paid by such party under Section 4.10 below). 4.7 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds and instrmnents described in this Section 4, Escrow Holder shall cause the Grant Deed, City Deed of Trust and then the CCcCRs to be recorded in the office of the County Recorder of San Bernardino County, California, and Escrow Holder shall deliver the proceeds of this escrow (less any 1 123 1-0001AI372(it5vl.doc P -119 appropriate charges) to Seller by wire transfer to Seller pursuant to written wire transfer instructions to be delivered by Seller to Escrow Holder. 4.8 Prorations. All assessments, if any, levied or assessed on or against the Property shall be prorated as of the Closing Date. At the Closing, Buyer shall receive a credit against the Purchase Price equal to all accrued and unpaid assessments as of the Closing Date (including, without limitation, all assessments attributable to the year prior to the Closing but not payable until after the Closing and all assessments attributable to the year in which the Closing occurs but not payable until the following year). The credit for accrued assessments for which bills have not been issued as of the Closing Date shall be based on the then most recent assessments (and any known increases or decreases). Assessments shall be reprorated between Seller and Buyer at the time of issuance of the actual bills therefor and payment of any adjustment based on such reproration shall be paid by the party owing the other based on such adjustment within fifteen (15) days after receipt by such party of copies of the applicable bills. This obligation to reprorate shall survive the Closing. Seller is exempt from property taxes. 4.9 Costs. Buyer shall pay recording charges, escrow fees, documentary transfer taxes, and the cost of CLTA owner's title coverage for Buyer. 4.10 Escrow Cancellation Charees. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the esa-ow shall fail to close for any other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges. 4.1 I Broker's Commissions. Buyer and Seller represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Each party agrees to indemnify, defend, protect and hold hamiless the other and its respective employees, agents, representatives, council members, attorneys, successors and assigns, fi-om and against all claims of auy agent, broker, finder or other similar person or entity arising from or in connection with the sale of the Property under this Agreement and based on communications or agreements with the indemnifying party. AS-IS SALE: REPRESENTATIONS AND WARRANTIES. 5.1 No Side A[trcements or Representations. Except for the express representations and warranties herein, no person acting on behalf of Seller is authorized to make, and by execution hereof, Buyer acknowledges that no person has made, any representation, agreement, statement, warranty, guarantee or promise regarding the Property or the transaction contemplated herein or the zoning, construction, physical condition or other status of the Property (including, without limitation, the presence, absence, condition or status of any Hazardous Materials or compliance with any Hazardous Materials Laws, or such capitalized teens are defined in Section 5.3 below). No representation, warranty, agreement, statement; guarantee or promise, if any, made by any person acting or purporting to act on behalf of Seller which is not contained in this Agreement or in any amendment hereto will be valid or binding on Seller. 5.2 AS IS CONDITION: RELEASE. BUYER ACKNOWLEDGES AND AGREES THAT, SELLER; EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES 11231-0001\I312GISvl.doc P -120 SET FORTH HEREIN, HAS NOT MADE; DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS. AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER. WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY OR ANY MATTER RELATED THERETO, INCLUDING, WITHOUT LIMITATION, THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR .4 PARTICULAR PURPOSE OF THE PROPERTY, AND COMPLIANCE WITH ANY ENVIRONMENTAL LAWS OR THE PRESENCE, ABSENCE, CONDITION OR STATE'S OF ANY HAZARDOUS MATERIALS. BUYER ACKNOWLEDGES AND AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SALE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS, AND THAT SELLER HAS NO OBLIGATIONS TO MAKE REPAIRS, REPLACEMENTS OR IMPROVEMENTS OR REMEDIATE ANY HAZARDOUS MATERIALS. BY INITIALING BELOW, THE BUYER ACKNOWLEDGES THAT (i) THIS SECTION 5.2 HAS BEEN READ AND FULLY UNDERSTOOD, (ii) THE BUYER HAS HAD THE CHANCE TO ASK QUESTIONS OF ITS COUNSEL ABOUT ]TS MEANING AND SIGNIFICANCE, AND (iii) THE BUYER HAS ACCEPTED AND AGREED TO THE TERMS SET FORTH IN THIS SECTION 5.2. BUYER'S INITIALS Buyer waives and releases as of the Close of Escrow any and all claims it may have against Seller relating to the physical condition of the Property (including, without limitation, the presence or release hazardous materials or substances). To the extent of such waiver and release, and excluding fraud, Buyer expressly waives its rights, if any, under California Civil Code Section 1542 which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST 1N HIS FAVOR .4T THE TIME OF EXECUTING THE RELEASE WHICH 1F KNOWN BY HLM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Buyer's Initials 5.3 Certain Detinitions. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste,, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et sue; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal hrsecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et Il?31-OOUTAI312GISvl.doc P -121 sue; asbestos and asbestos-containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 16 U.S.C. Section 2601 et sec ;source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Conununication Standard, 29 C.F.R. Section 1910.1200 et sue; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et se .; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(1)(3); and any other substance or material regulated by any Environmental Laws. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et sue; the Clean Water Act, 33 U.S.C. Section 1251 et seq; and the Water Quality Act of 1987; the Federal htsectieide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et se ;the Marine Protection, Research, and Sanctuaries .4ct, 33 U.S.C. Section 1401 et seg; the National Environmental Policy Act, 42 U.S.C. Section 4321 et sec ;the Noise Cath-ol Act, 42 U.S.C. Section 4901 et sey; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et sue; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et sue; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et ~; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 960] et sec; as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 7.5 U.S.C. Section 2601 et ~; the Atomic Energy Act, 42 U.S.C. Section 2011 et sec; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seg; and state and local environmental statutes and ordinances; with implementing regulations and rules in effect on or prior to the date hereof. 6. EMINENT DOMAIN OR TAKING: PHYSICAL DAMAGE OR DESTRUCTION. 6.1 If, prior to the close of escrow, any material portion of tiie Property is taken or if the access thereto is materially reduced or restricted by eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated taking which has not been consummated, other than any such taking prosecuted by or on behalf of the Buyer), Seller shall immediately notify Buyer of such fact. In such event, Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not later than ten (10) business days after receipt of Seller's notice. ]f Buyer dots not exercise this option to terminate this Agreement, neither parry shall have the right to terminate this Agreement, but the Seller shall assign and mrn over to Buyer, and the Buyer shall be entitled to receive and keep, atl awards for the taking by eminent domain which accrue to Seller, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Piice. Unless and until this Ag*t-eetnent is terminated, Seller shall take no action with respect to any eminent domain proceeding without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. ]0 II231-0001A131?615vLdoc P -122 6? If; after the Due Diligence Period and prior to the Close of Escrow, any material portion of the Property is materially damaged or destroyed due to any cause, natural or otherwise, including, without limitation: (i) any destructive seismic or geological conditions such as any earthquake or tremor, subsidence, or unstable subsurface conditions; or (ii) a material violation of any Environmental Laws known to Seller, Seller shall immediately notify Buyer of such fact (the "Seller Damage Notice"). In such event, Buyer or Seller may terminate this Agreement upon written notice Yo the other given within ten (10) days after Seller gives the Seller Damage Notice. If neither party terminates this Agreement, then Seller shall assi~ and turn over, and the Buyer shall he entitled to receive and keep, any insurance proceeds paid to Seller in connection with such damage or destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof, without modification of the terns of this Agreement, and Buyer shall use any such payments and proceeds to promptly and diligently repair the damage and shall provide Seller with evidence thereof promptly after ttia-itten request from Seller from time to time (and the foregoing obligations shall survive the close of escrow). [NCORPOR_4T1ON OF EXHIBITS. All exhibits attached hereto and refen'ed to herein are incorporated in this Agreement as though fully set forth herein. ATTORNEI'S' FEES. In the event of a dispute between Buyer and Seller regarding any of the teens and provisions of this Agreement; or the transaction described herein, or any action to enforce the terms of this Agreement, the prevailing party in such action shall be awarded, in addition to damages, injunctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 9. NOTICES. All notices, requests, demands and other commm~ication given or required to be given hereunder shall be in writing and personally delivered, sent by first class certified mail, postage prepaid, return receipt requested, or sent by a nationally recognized cow'ier service such as FedEx, addressed to the parties as follows: To Seller: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attention: Jack Lam, City Manager With a Copy To: Richards, ~~'atson and Gershon 35~ South Grand Avenue, 40th Floor Los Angeles, CA 90071-3101 Attention: Bruce W. Galloway, Esq. 11 11231-0001\1312615vLdoc P -123 To Buyer: House of Ruth P.O. Box 459 Claremont, CA 91711 Attn: Suzanne Aebischer, Executive Director To Escrow Holder/ Title Company: Chicago Title Insurance Company c/o Chicago Title Escrow Services 18725 E. Gale Avenue, Suite 225 City of Industry, CA 91748 Attn: ,Escrow Officer Title Officer Title Order No. Escrow No. Delivery of any notice or other communication hereunder shall be deemed made on the date of actual delivery thereof to the address of the addressee, if personally delivered, and on the date indicated in the return receipt or courier's records as the date of delivery or as the date of first attempted delivery, if sent by certified mail w• courier service. Any pasty may change its address for purposes of this Section by giving notice to the other party as herein provided. 10. ASSIGNMENT. Buyer shall not assign this Agreement or any rights hereunder without the prior, written conseut of the City Manager. 11. BINDING EFFECT. This Agreement shall be binding upon and shall inure to the benefit of the pazties hereto, and their successors and assi~~ns. 12. ENTIRE AGREEMENT. This Agreement contains all of the a~,n•eements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous ag*~'eements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of this Adn'eement may be amended, supplemented or iu any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 13. HEADINGS. The headings of this Agreement are for purf~oses of reference only and shall not limit or define the meaning of the provisions of this Agreement. 12 11231-OOUTA1312615vLdoc P -724 14. COUNTERPARTS. This Agreement maybe executed in any mm~ber of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. Furthermore, executed counterparts of this Agreement may be delivered by facsimile or other reliable electronic means (including emails of pdf documents), and such facsimile or other electronic transmission shall be valid and binding for all purposes when transmitted to and actually received by the other party. Notwithstanding the foregoing, each party delivering executed documents by facsimile or other electronic means agrees to provide the other party with an original, hard copy of the relevant signed docmnents promptly after the request of the other party. 15. SURVIVAL. Any provision hereof which is executory as of the Closing Date and all representations and warranties shall survive such close of escrow and delivery of the Grant Deed and shall continue to be a binding provision on the parties hereto according to its tenns_ 16. TIME OF THE ESSENCE. Time is of the essence of each and every provision of this Agreement in which time is a factor (including, without limitation, Section l.~). 17. TH1RD PARTIES. Nothing contained in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. 18. SEVERABILITY. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or mtenforceable in any respect by a court of competentjurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provisiat had never been contained herein, unless such invalidity, illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon written notice to the other party given no later than ten (10) business days after the palsy giving such notice becomes aware of such invalidity; illegality or unenforceability. In the event of such termination, all funds deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer. . 19. ADDITIONAL DOCUMENTS: FURTHER ASSURANCES. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that maybe reasonably necessary to carry out the provisions of this Agreement. 13 I 1231-0001 \1312615 v I .clot P -125 20. CITY ,4S SELLER Buyer acknowledges that Seller is entering into this Agreement in its proprietary capacity such that neither the provisions of this Agreement nor any consent or approval given by Seller under this Agreement, shall waive or modify any of Seller's rights in its govenvnental capacity. 21. AMENDMENTS. The City Manager of Seller shall have the right to enter into amendments of this Agreement on behalf of Seller without the apprm~al of the City Council provided that such amendments do not decrease the atnount of the Note, or otherwise materially affect any of the economic terms of this Agreement (provided that the City Manager shall have the right to reasonably extend the deadline for the Close of Escrow or the Due Diligence Period). 22. INDEMNIFICATION. Buyer shall indemnify, defend (with legal counsel selected by Seller) and hold Seller and its appointed officials, ofticers, employees, agents and consultants harmless from and against any and all claims, losses, liabilities, actions, judgments, costs and expenses relating directly or indirectly to the Property or Buyer's acts or omissions with respect thereto and which arise after the Close of Escrow. This Section shall survive the Close of Escrow. 23. SELLER DEFAULT; NO DAMAGES In the event Seller defaults under this Agreement, Buyer shall not be entitled to damages but, at its option and as its sole remedies, may either: (a) terminate this Agreement in which event [(i) the Deposit and all interest earned thereon shall be returned to Buyer and (ii)] Seller shall reimburse Buyer for all costs and expenses incurred by Buyer in negotiating and undertaking the transactions contemplated hereby and investigating the Property, including, without limitation, all costs associated with the investigations and other activities described or contemplated under Section 3.3 above; or (b) specifically enforce this Agreement, by legal action or otherwise. In the event of a default by Seller of which Suyer is not aware prior Yo Closing, including, without limitation, a breach of any representation or warranty not discovered until after Closing, Buyer shall be entitled to exercise any and ali rights and retedies at law or in equity. 24. GOVERNING LAW; VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Califolroia (without regard to conflict of laws principles ar rules). All legal actions under, or in connection with this Agreement shall be filed and maintained by Buyer and Seller in courts located in San Bernardino County. 25. BUSINESS DAY. If the final day of any period or any date of performance (including the Due Diligence Period) under this Agreement falls on a Saturday, Sunday or legal holiday, then the final day of the period or the date of such performance shall be extended to the next business day. 14 1123 I -0001 V 312615 v Ldoc P -126 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. BUYER: HOUSE OF RUTH, a California nonprofit public benefit corporation By: Print Name: Title: SELLER: CITY OF RANCHO CUCAMONGA, a municipal corporation By: _ Print Name: Title: Attest: City Clerk APPROVED AS TO FORM: Richards, Watson & Gershon By: Bruce W. Galloway, Esq. IS 1123 L0007 U 37 267 Sv Ldnc P -127 EXHIBIT "A" DESCRIPTION OF THE PROPERTY DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED 1N THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: LOT 40, OF TRACT NO. 12090, 1N THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 166, PAGES 30 THROUGH 38, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA AND AS PER M.AP AMENDED [N BOOK 169, PAGES 88 THROUGH 96, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. PARCEL NO. 2: EXCLUSIVE EASEMENT FOR THE BENEFIT OF THE APPURTENANT TO PARCEL ] ABOVE, FOR GARGE PURPOSES OVER THOSE PORTIONS SHOWN AS AREA 94 ON THE PARKING PLAN IN SAID DECLARATION OF COVENANTS, COND['P1ONS AND RESTRICTIONS. PARCEL NO. 3: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF THE APPURTENANT TO PARCELS 1 AND 2 ABOVE FOR INGRESS AND EGRESS OVER THOSE PORTIONS SHOWN AS COMMON AREA LOTS L AND M AS SHOWN ON SAID TRACT NO. ] 2090, PAGE. A.P.N. NO.: 0209-054-19-0-000 A-1 11231-000 P~Li 12615v Ldoc P -128 EXHIBIT "B" FORM OF PURCHASE MONEY PROMISSORI' NOTE [Attached.] B-1 1123 I -0001 U 312615 v l .doc P -129 E~HI13[T "C" TORM OF CITY DEED OF TRUST [Attached.] C-1 11231-0001\I3126t5vl.doc P -130 EXHIBIT "D" FORM OF REHAB LOAN PROMLSSORY NOTE [Attached.] D-1 11231-OOOlU3l26I5vl.doc P -131 EXHIBIT "E" DESCRIPTION OF POS'C-CLOSING REPAIRS AND RENOVATIONS Repairs and renovations to 8722 '/z Pinecrest Place may include the following 1. General repairs may include: Replace the Furnace/Air Conditioner, replace the water heater, replace the garage door opener, painting the entire interior a neutral color, replacing the slider to the rear yard, and replace missing light fixture at entryway. 2. Repairs to the kitchen may include: replace the faucet, replace the stove, replace the vent hood, replace the dishwasher, install a refrigerator, and replace the missing breadboard. 3. Repairs to the downstairs bathroom/utility room may include: replace the toilet, install GFI outlets, aid install missing accordion doors at the washer/dryer area. 4. Repairs to the upstairs bathroom may include: replace the toilet, repair the electrical switch and install GFl outlet, replace broken cabinet doers, install new ceiling light fixtures, investigate and repair subfloor adjacent to sink and reinstall existing carpet, and replace ceiling light fixture. E-l 11231-0001AI312615v1.doc P -132 EXHIBIT "F" FORM OF GRANT DEED [Attached.] F-1 11231-OOOiV312615v1.doc P -133 EXRIBIT "G" LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 LEAD WARNING STATEMENT Every purchaser of any interest in residential real property on which a residential dwelling was built before 1975 is notified Utat such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including ]earning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the sellers possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended before purchase. SELLER'S DISCLOSURE Presence of lead-based paint and/or lead-based paint hazards (check items a or b below): a Known lead-based paint and,ror lead-based paint hazards are present in the housutg. [f checked, the following explanation is provided: b. Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing. Records and reports available to Seller (check item a or b below): a. _ Seller has provided Buyer with al] available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing. if checked, Ute following documents were provided: b. Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. BUY'ER'S ACKNOWLEDGMENT Buyer has read the Lead blaming Statement above and understands its contents, and has received copies of aU information listed above. 2. Buyer has received the pamphlet Protect }'our Fonril7~ fi»rn Lend in four Hunua. 3. Buyer has either (check one of the boxes below): received a ]0-day opportunity (or normally agreed-upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and!or lead-based paint hazards; m' ^ waived the opporlmtily to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. G-1 11231-0001AI312615v Ldoc P -734 AGENT'S ACKNON'LEDG;\7ENT BY AGENT'S EXECUTION BELOW, AGENT ACKNOWLEDGES THAT: Agent has informed Seller of Seller's obligations under 42 U.S.C. §4852d and is aware of his or her responsibility to ensure compliance. CERTIFICATION OF ACCURACY The following parties have reviewed the information above and certii'y., to [he best of their knowledge, that the information they have provided is true and accurate. SELLER: BUYER: CITI' OF R.4NCH0 CUCAMONGA, _ a municipal corporation a(n) By: Print Name: Title: AGENT: By: Print Name: Title: G-2 11231-0001\13I2GISvt.doc P -135 F.,IHIBIT "H" I+ORiVI OF CC&R'S [Attached.] H-I 11231-0001 V 312615v1.doc P -136 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga; CA 91729-0807 Attn: 0209-054-19-0-000 tiPACE ABOVE THIS LINE FOR COVENANTS CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY (INCLUDING RESALE RESTRICTION EXIT FEE AND RIGHT OF FIRST REFUSAL) THESE COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY (INCLUDING RESALE RESTRICTION, EXIT FEE AND RICI-IT OF FIRST REFUSAL) ("CC&R's~') are entered into this day of; 201 I (the "Effective Date''), by artd between the CITY OF RANCHO CUCAMONGA, a California municipal corporation ('`City'') and HOUSE OF RUTH, California nonprofit public benefit corporation (together with its successors, assigns and successors-in-interest, collectively, the "Owner''). RECITALS WHEREAS, the City is a California municipal corporation which has received Punds ("NSP Ftmds") from the United States Department of Housing and Urban Development pursuant to the federal Housing and Economic Recovery Act of 2008 and Neighborhood Stabilization Program for the purpose of acquisition and rehabilitation of abandoned and foreclosed homes and residential properties to provide decent, safe, sanitary and affordable housing for low income households in the City; and WHEREAS, the City desires to increase, improve and preserve affordable homeownership opportunities available to low and moderate income households within the City; and WHEREAS. to promote this goal, the City has established the NSP Acquisition/Rehabilitation and Reuse Program (the "City NSP Program") pursuant to which the City will acquire, sell and/or rehabilitate single-family hrnnes for dre purpose of occupancy by qualified ]ow income households; and WHEREAS, the City has acquired a condominiwn at 8722 '/z Pinea-est Place in Rancho Cucamonga, Califonnia (the "Property"). The condanirtium is described on Exhibit "A" attached hereto; WHEREAS; substantially concurrently herewith, the City is selling the Property to Owner pursuant to a Purchase and Sale Agreement dated , 201 I (the "Purchase Agreement") subject to the condition that the Owner execute, deliver and record these CC&R`s which, among other things, impose certain continuing restrictions and obligations related to and on the Property; and 1 EXHtBiT C P -137 WHEREAS, in connection with the sale and as described in the Purchase Agreement, the Owner is delivering a $1 19,000 purchase money promissory note to City for the purchase price of the Property evidencing a conditional grant made by City to Owner (the "Purchase Money Loan"), and such promissory note is secured by a deed of trust, assignment of rents, security agreement and fixture filing recorded against the Property ("Deed of Trust"); WHEREAS, ctmcurrently with the sale ofthe Property by City to Owner, City is also malting a loan of $22,000 of NSP Funds for costs of rehabilitating and/or repairing the Property, as more particularly described in the Purchase Agreement (the "Rehab Loan") which is also secured by the Deed of Trust; WHEREAS, the Owner agmees for themselves, their successors and assigns and all successors-in-interest to all or any portirnr of or that the Property is to be used exclusively as residences for low income families who previously were residents of the City of Rancho Cucamonga for at least one (1) year; either at no rent or at a rent no greater than an "affordable rent" in perpetuity, as more particularly set forth below; and WHEREAS, the City also has an interest in insuring that the Property funded by the Program is properly maintained and remains attractive. NO~~~, THEREFORE, in consideration of the promises contained below and other good and sufficient consideration, the receipt of which is hereby acknowledged, the City and the Owner agrees that the Property against which these covenants, conditions and restrictions are recorded shall beheld, sold and conveyed subject to the following covenants, conditions and restrictions. 1. City of Rancho Cucamonga Supports Affordable Housing. The City supports affordable housing for low-income residents within the City of Rancho Cucamonga as set forth in regulations published in 24 Code of Federal Regulations Part 92. 2. Definitions. For purposes of this Agreement, the following definitions shall apply: (a) Low Income: .4 family whose income does not exceed fifty percent (50%) of the median family income for the area, as determined by HUD with adjustments fur smaller and larger families, except that HUD may establish income ceilings higher or lower than fifty percent (50%) of the median income for the area on the basis of HUD findings thatsueh variations are necessary because of prevailing levels ofconst-uction costs or fair market rents, or unusually high or low family incomes. (b) Eli~~ible Household: A household whose annual income does not exceed fifty percent (50%) of area median income for San Bernardino County. Owner shall use diligent efforts to give priority in ]easing first to households that previously resided in the City of Rancho Cucamonga and second to households that were previously employed within the City of Rancho Cucamonga and shall provide evidence of such efforts to the City upon request. (c) Affordable Rent: In accordance with 2~ CFR 92.2~2(a), but subject to 2~ CFR 92.2~2(c) and (f), no more than the lesser of: (i) the fair market rent for existing housing for -~- n zs i-ooonis izsn~i.aa~ P -138 comparable units in the area as established by HUD under 24 CFR 888.111; or (ii) a monthly rent that does not exceed 30 percent of the adjusted monthly income of an Eligible Household. (d) Owners: Means the current owners of the Property and any subsequent owners. 3. Term; Affordability Period. The affordability period for these covenants, conditions and restrictions shall continue in perpetuity following the Effective Date. 4. Resale Restriction. Subject to the Citys Right of First Refusal and the Affordability Exit Fee provision described in Paragraph 7 below and repayment of the Purchase Money Loan and Rehab Loan, the Property maybe sold by the Owners during the Affordability Period. 5. Fonn of and Terms of Leases• Restrictions or Termination of Tenancies; Tenant Selection Policies and Criteria. Owner shall at all times comply \~ith the provisions of 24 C.F.R. 92.253, as amended or modified from time to time. 6. Resale/Refinancint! Fee. If Owners elect to sell the Property; the Owners shall repay the Purchase Money Loan and Rehab Loan to the City and shall also pay to the City: (a) One hundred percent (100%) of the Net Sales Proceeds or Refinancing Proceeds (as hereinafter defined) shall be due to the City in the event of a sale occurring prior to ten (10) years after the Effective Date; (b) Seventy-five percent (7~%) of the Net Sales Proceeds or Refinancing Proceeds shall be due to the City in the event of a Sale occurring from eleven (1 1) to twenty (20) years after the Effective Date; (c) Fifty percent (50%) of the Net Sale Proceeds shall be due to the City in the event of a Sale occurring twenty-one (21) to thirty (30) years after the Effective Date; (d) Twenty-tive percent (25%) of the Net Sales Proceeds or Refinancing Proceeds shall be due to the City in the event of a Sale ocewring fi-om thirty-one (31) to forty (40) years after the Effective Date; (e) No Resale/Refinancing Fee shall be due upon any sale occurring after forty (40) years. As used herein; the tens "Net Sales Proceeds" shall mean (A) the purchase price paid to Owner for the Property less the sum of (i) the Purchase Money Loan and Rehab Loan (which are to be repaid concurrently with the sale); and (ii) deductions by the escrow holder of costs payable by the Owner for brokerage commissions, recording charges, title insurance, escrow fees, and similar reasonable closing costs; less (B) the sum of (i) the price paid by Owner to the City for the Property; (ii) any additional costs paid by Owner as buyer through the escrow for the purchase of the Property by Owner from City; (iii) actual, documented improvements to the Property paid for by Owner using Otimer's own funds and not from proceeds of the Rehab Loan -3- 1I?31 ~10UI\1312572v I.dnc P -139 (as shown by reasonable evidence delivered to City) that increased the value of the Property, as reasonably determined by City. As use here in the temp "Refinancing Proceeds" shall mean all proceeds of any refinancing or financing secured by the property that are paid to or are paid for the benefit of the owner. 7. City Risht of First Refusal. City shall have the right of first refusal if Owners, its successors or its assigns, elect to sell the Property regardless of whether the sale is to an Eligible Household. City may credit the principal and interest under the Purchase Money Loan and Rehab Loan against the purchase price. 8. Monitoring by the City. On or about July 1st, of each calendar year, the City will mail a form to the record owner of the Property to confirm that the Property is occupied solely by Eligible Households at an Affordable Rent. The Owners of the Property shall complete the form and return it to the City within thirty (30) calendar days after receipt of the request from the City. City may also at any time contact the occupants of the Property in order to verify compliance with the Program and these CC&R's. 9. Bindinc on Successors in Interest. The Owners hereby covenant and agree that their heirs, successors and assigns, and every successor in interest to the Property, or any part thereof shall comply with each and every teen, covenant, condition and restriction contained herein. These CCP.R`s shall run with the land, any other provision of law notwithstanding, and shall be enforceable by the City in an action for specific performance against the Owners and their successors and assigns. 0. Maintenance of Prouert (a} The Owners agree, for itself, its successors and assigns, that they shall maintain the Property, dwelling unit, improvements, landscaping and fixhtres in good repair and shall keep the Property free frrnn any accumulation of debris or waste materials, consistent with the customary practice and so as not to create a nuisance, or violate any provision of the City oP Rancho Cocan.onga Municipal Code (the "D4anicipal Cede"). (b) All exterior painted surfaces shall be maintained at all times in a clean and presentable manner, free from chipping, cracking and defacing marks. Any such defacing marks shall be cleaned or removed within the time as set forth in subparagraph (d) below. (c) The Owners shall at all times maintain the front exterior, visible side exteriors and yard in a clean, safe and presentable mamrer, free from defacing marks or any disrepair. The Owners shall maintain and/or repair the front exterior or rear or visible side yard and exterior of the dwelling unit. (d) All graffiti and defacement of any type, including marks. words and pictw•es; must be removed and any necessary painting or repair completed within one (1) week of their creation or within one (1) week after notice to Owners. -4- 11231-0OOI11312572v1.doc P -140 (e) All driveways must be paved aztd maintained with impervious material in accordance with the Municipal Code. 11. Remedies for Breach. Upon breach of any of these CC&;R's, the City may exercise any and all remedies available to it at law or equity. These remedies include, without limitation, an action for injunctive relief or specific performance, and accelerating the payment of the Purchase Money Loan [and Rehab Loan] (both of which are, in actuality, "conditional grants" of NSP funds) (which if not Then paid would entitle City to exercise its remedies under the Deed of trust, including foreclosure). if the City Manager or his or her designee finds that the conditions of the dwelling unit or the Property constitute a breach of Section 10 of this Agreement, then the City shall so notify the Owarers in writing and the Owners shall have five (5) calendar days following this written notice to correct or abate such breach. If the conditions are not corrected to the reasonable satisfaction of the City Manager, then the City, its employees or its agents may enter upon the Property to remedy and abate the conditions creating the breach. Owner shall reimburse City within five (5) business days afrer written demand for City's costs of remedying the conditions creating the breach, including, without limitation, administrative, overhead, and engineering costs. The obligation to pay such costs shall be secured'oy tine Deed of Trust. The provisions of this Section I 1 are supple;rental to all other legal rights and remedies available to the City. 12. Citv as Beneficiary. The City is the beneficiary of the terms and provisions of these CCB.R's rurming with the land, both for and in its own right. and for the purposes of protecting the interests of the community and other parties, public or private, for whose benefit these CC&R's rum~ing with the land have been provided. These CC&R's shall run in favor of the City without regard to whether the City has been, remains, or is an owner or has any interest in the Property or in any other parcel in the City. The City shall have the right, but not the obligation; to exercise all rights and remedies and to maintain any actions at law or in equity or any other proceedings to enforce these CCd.R's. 13. Non•,~~aiver. The failure of City to cnfor cc any one or mare of the ccvcrants, conditions or restrictions contained herein on any one or more occasions shall not constitute a waiver of the City's right to enforce the covenants; conditions and restrictions in the futw~e. 14. Nonconu~liance. In the event of noncompliance with any provision under these CCRR's, the City may take any and all enforcement actions provided for by any provision of the Municipal Code, or exercise any other remedy under the law ro which the City may be entitled. Should the City bring an action to enforce the terms of these CCRR's, the prevailing party shall be entitled to costs of suit, including reasonable attorneys' fees. 15. Deemed Consent. Any person who now or hereafter owns or acquires any right, title or interest in or to the Property shall be deemed to have consented and agreed to every covenant; condition and restriction contained herein whether or not any reference to these CCB:R's is contained in the instrument by which such person acquired an interest in the Property. -~- 11231 {7(p 1`•.1312572v Ldoc P -141 16. Nonrecom-se. All of the obligations hereunder are nonrecourse; recourse for the obligations hereunder is limited to the Property. However, the foregoing shall not limit rights to equitable relief, including injunctions. CITY: CITY OF RANCHO CUCAMONGA, a California municipal corporation By: Print Narne: Title: Attest: By: City Clerk APPROVED AS TO FORM: B}': City Attorney O~YNER: HOUSE OF RUTH, a California nonprofit public benefit corporation By: Print Name: Title: -6- 11231-0001AI31?572vl.doc P -742 State of California County of Los Angeles On ACKNOWLEDGEMENT before me, (inset[ name and title of the officer) Notary Public; personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 'his/her/their authorized capacity(ies), and that by his(her/their signatw•e(s) on the instrument the person(s), or the entity upon behalf ofwhich the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing pzraa aph is true and correct. WITNESS my hand and official seal. Sign State of California County of Los Angeles On ACKNOWLEDGEMENT before me, (Seal) (insert name and title n1 the otiicur) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to he the person(s) whose name(s) is/are subscribed to the within inshmnent and acknowledged to me that he/she/they executed the wane in his/her/their authorized eapacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrmnent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myhand and official seal. Signature -7- (Seal) 11231-DW Ii1312572v Ldoc P -143 EXHBi1T "A" DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. I LOT 40, OF TRACT NO. 12090, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED [N BOOK 166, PAGES 30 THROUGH 38, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA AND AS PER MAP AMENDED IN BOOK 169, PAGES 88 THROUGH 96, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. PARCEL NO. 2: EXCLUSIVE EASEMENT FOR THE BENEFIT OF THE APPURTENANT TO PARCEL 1 ABOVE, FOR GARGE PURPOSES OVER THOSE PORTIONS SHOWN AS AREA 94 ON THE PARKING PLAN IN SAID DF_CLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. PARCEL NO. 3: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF THE APPURTENANT TO PARCELS 1 AND 2 ABOVE FOR INGRESS AND EGRESS OVER THOSE PORTIONS SHOWN AS COMMON AREA LOTS L AND M AS SHOWN ON SAID TRACT NO. 12090, PAGE. A.P.N. N0.:0209-054-19-0-000 i iri-0oonisizs~z~i.aa P -144 PROMISSORY NOTE SECURED BY DEED OF TRUST (Purchase Money Loan) $119,000 Rancho Cucamonga, California 2011 FOR VALUE RECEIVED, HOUSE OF RUTH, a California nonprofit public benefit corporation (`'Borrower") hereby promises to pay to the CITY OF RANCHO CUCAMONGA, a California municipal corporation ('`Lender"), or order, the principal amount of ONE HUNDRED NINETEEN THOUSAND AND NO/100 DOLLARS ($119,000), plus interest as provided below. This Promissory Note Secured by Deed of Trust (the "Promissory Note") is delivered (and is to be perfornred) as payment of the purchase price payable by Borrower to Lender under that certain Purchase and Sale Agreement dated , 2011 between Lender, as seller, and Borrower. as buyer (the "Agreement"), and evidences by a conditional grant by Lender to Borrower (the "Conditional Grant"). 1. Commencing on the date hereof, principal hereunder shall accrue simple interest at the rate of three percent (3%) per annum. 2. All principal and accrued interest shall become due and payable on the occurrence of a default under the Purchase Agreement or this Note provided, however, that in the event of the payment of this Note has not been accelerated by Lender under the Agreement on or prior to 20_, then no principal or interest shall be payab]e. A default by Bon•ower under the Purchase Agreement or the Promissory Note Secured by Deed of Trust in the principal amount of $ executed by Borrower in favor of Lender that evidences a loan from Lender to Borrower for rehabilitation and repair costs shall constitute a default under this Promissory Note. The outstanding principal may not be prepaid. 4. All sums payable under this Promissory Note are payable to Lender at 10500 Civic Center Drive, P.O. Box 507, Rancho Cucamonga, Califomia 9]729-0807, Attn: Planning Director, or at such other place as the Executive Director of Lender may infornt the Borrower in writing, in lawful money of the United States. 5. The Bon'ower waives presenhnent for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas o^ the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. 6. The Bon'ower hereby al,Rees to pay all costs and expenses, including reasonable attorneys' fees. which may be incurred by the holder hereof, in the enforcement of this Note or any tens or provision hereof. 7. This Promissory Note is secured by a Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing dated , 201 l executed by Borrower, as trustor, in favor of Lender, as beneficiary. Section 24 of the Deed of Trust provides that if the real property described in the Deed of Trust, or any portion thereof or interest therein, is sold or EXHIBIT D -'- P -145 conveyed in violation of the CC&R's or is further encumbered without the prior written consent of Lender, then Lender may elect to declare the principal of this Promissory Note and all accrued interestimmediately due and payable. 8. The failure of Lender to exercise any right to accelerate described herein (and any deliver in exercise of such right), shall not constitute a waiver of the right to exercise such tight. 9. The Promissory Note shall be governed by the laws of the State of California. 10. All of the obligations hereunder are nonrecourse; recourse for the obligations hereunder is limited to the real property that is collateral for this Note. However, the foregoing shall not limit rights to equitable relief; including injunctions. &ORROWER: HOUSE OF RUTH, a California nonprofit public benefit corporation Bv: Print Name: Title: -~- I 1?3 I -00011131334Rv Ldoc P -146 PROMISSORI' NOTE SECURED BY DECD OF TRUST (Rehab Loan) $22,000 Rancho Cucamonga, California .201] FOR VALUE RECEIVED, HOUSE OF RUTH, a California nonprofit public benefit corporation ("Borrower") hereby promises to pay to the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("Lender"), or order, the principal amount of TWENTY TWO THOUSAND AND NO/100 DOLLARS ($22;000), plus interest as provided below. This Promissory Note Secured by Deed of Trust (the "Promissory Note") is delivered (and is to be performed) as evidence of a rehab/repair loan (the "Loan")made by Lender from NSP funds under that certain Purchase artd Sale Agreement dated , 201 1 between Lender, as seller, and Bon-ower, as buyer (the "Agrecment"). 1. Commencing on the date hereof, principal hereunder shall accrue simple interest at the rate of three percent (3%) per annum. 2. All principal and accrued interest shall become due and payable on the earlier of a sale of the Property securing the Note or the occurrence of a default under the Purchase Agreement or this T''ranissory Note Secured by Deed of Trust (the "Note"). A default by Borrower under the Promissory Note Secured by Deed of Trust in the principal amount of $119,000 executed by Borrower in favor of Lender that evidences apurchase-money loan by Lender to Bon•ower shall constitute a default under this Promissory Note. 3. The outstanding principal may not be prepaid. 4. All sums payable under this Promissory Note are payable to Lender at 10500 Civic Center Drive, P.O. Box 807, Rancho Cucamonga, California 91729-0807, Attn: . or at such other place as the Executive Director of Lender may inform the Borrower in writing, in lawful money of the United States. 5. The Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note, in whole or in part, whether before or afrer maturity and with or without notice. 6. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorneys' fees, which may tie incun•ed by the holder hereof, in the enforcement of this Note or any tens or provision hereof. 7. This Promissory Note is secured by a Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing dated .2011 executed by Borrower, as trustor, in favor of Lender, as beneficiary. Section 24 of the Deed of Trust provides that if the real property described in the Deed of Trust, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written consent of Lender, then Lender may elect to declare the principal of this Promissory Note and all accrued interestimmediately due and payable. EXHIBIT E -' P -147 8. The failure of Lender to exercise any right to accelerate described herein (and any deliver in exercise of such right), shall not constitute a waiver of the right to exercise such right. The Promissory Note shall be governed by the laws of the State of California. 10. All of the obligations hereunder aze nonrecourse; recourse for the obligations hereunder is limited to the real property. However, the foregoing shall not limit rights to equitable relief, including injunctions. BORROWER: HOUSE OF RUTH, a California nonprofit public benefit corporation By: Print Name: Title: -~- 11231-0001A1312755v1.duc P -148 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Ciry of Rancho Cucamonga 10500 Civic Center Dnve P.O. Box 807 Rancho Cucamonga, CA 91729-0R07 Attn: City Clerlc APNs: 0209-054-19-0-000 SPACE ARO\'E THIS LINE FOR RECORDERS USE niis document is exnnpt 1'mm the payment ofa recm'ding fee pwsuant to Govemme~n Code Sr'tion 27383. DEED OF TRUST Wifh Assignment of Rents, Security Ab Bement, and Fixture Filing This DEED OF TRUST is dated as of , ?011, and is executed by HOUSE OF RUTH, a California nonprofit public beneft corporation ("Trustor"), in favor of FIRST AM>/RICAN T1TLE INSURANCE COMPANY; as trustee ("Trustee''); and the CITY OF RANCHO CUCAMONGA, a California municipal corporation, as beneficiary ("Beneficiary"). Trustor grants, transfers, and assigns to Trustee, in trust, with power of sale, and right of entry and possession, all of Trustors interest in the condominium in the City of Rancho Cucamonga, County of San Bernardino, State of California, described on Exhibit "A" attached hereto; Together with the rents, issues, and profits thereof, subject, however, to the right, power, and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues, and profits; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtw-es, including but not ]invited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers; stoves, ranges, bath tubs, sinks, water closets, basins, pipes, faucets and other plumbing and heating fixtures, mantels. cabinets, refrigerators, whether mechanical or otherwise, cooking apparatus and appurtenances; and all shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtm~cs and furnishings shall to the extent permitted bylaw be deemed to be permanently atfxed to and a patt of the realty; and Together with all building materials and equipment now or hereafter delivered to the premises and intended to be installed therein; and Together \vith all articles of personal property owned by the Trustor now or hereafter attached to or used in and about the improvements (including buildings) now erected or hereafter to be erected on the lands described which are necessary for the comfortable use and occupancy of such improvements (including buildings) for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or furnished in operating affordable rental housing. or the activities conducted therein, similar to the EXHIBIT F -' P -149 one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to the improvements or buildings in any manner. To have and to hold the property hereinbefore described together with appurtenances to the Trustee, its or his successors and assigns (the "Property"). FOR THE PURPOSE of securing and securing payment of (a) a contingent obligation of the Trustor to the Beneficiary in the principal sum of $1 19,000, as evidenced by that certain Promissory Note Secured by Deed of Trust of substantially even date herewith executed by 'Trustor in favor of Beneficiary, and all modifications, amendments and restatements thereof (the "Purchase Money Note") and which evidences a conditional grant; (b) a contingent obligation of the Trustor- to the Beneficiary in the principal sum of $22,000, as evidenced by that certain Promissory Note Secured by Deed of Trust of substantially even date herewith executed by Trustor in favor of Beneficiary, and all modifications, amendments and restatements thereof (the "Rehab Loan Note") and which evidences a conditional grant; and (c) any sums payable by Trustor or its successors-in-interest under Section 12 of these certain Covenants, Conditions and Restrictions .Affecting Real Property (including Resale Restriction, Exit Fee, and Rigltt of First Refusal) (the "CC&R's"). AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: 1. That it timely perform each and every covenant contained in (and otherwise comply with) the Purchase Money Note, the Rehab Note, this Deed of Trust and the CC&R's dated concurrently or substantially concurrently herewith, executed by Trustor and recorded in the 011icial Records of San Bernardino County, California (collectively the "A~neements"); it being understood that the CC&R's and Trustor's obligations thereunder and performance thereof are not, however, secured by this Deed of Trust, but that a default under the CC&R's shall constitute a default under the Note and this Deed of Trust. 2. That this Deed of Trust is executed pursuant to that certain Purchase and Sale Agreement between Trustor and Beneficiary dated 201 I . 3. That all rents, profits and income from the Properly are hereby assigued to the Beneficiary for the pwpose of securing the obligations of Trustor under the Note. Permission is hereby given to Trustor, so long as no default exists hereunder, to collect such rents, profits and income. 4. That upon default wider any of the Agreements that is not uncured within any applicable cure period expressly provided in the applicable Agreements, Beneficiary shall he entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect Cho Property and operate same and collect the rents, profits and income therefrom; 5. That the Trustor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties, and contingencies as may be required fi-om time to time by the Beneficiary (earthquake insurance not required), and -2- I 1231-0001 U 3I 23G3v I .doe P -150 all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. In no event shall the amounts of coverage be less than one hundred (]00%) percent of the insurable value of the improvements, and in default thereof the Beneficiary shall have the right to obtain such insurance. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary; 6. To pay, before delinquency, any taxes and assessments affecting the Properly including assessments on appurtenant water stock; when due, all payments due under or secured by encumbrances, charges and liens, with interest, on the Property or any part thereof which appear to be prior or superior hereto; al] costs, fees, and expenses of this Trust; 7. To pay when due all claims for labor performed and materials furnished with respect to the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon; not to willfully comrnil or permit waste thereof; not to willfully commit, suffer or permit any act upon the Property in violation of law and/or covenants, conditions and/or restrictions affecting the Property; 8. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiar}~ or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear; 9. Should Trustor fail to do any act as herein provided, then Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to proteci the security hereof. Beneficiary or Trustee being authorized to enter upon the Property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees; I0. The Beneficiary sL-all have the right to pay fire and ofhcr property insurance premimns when due should Trustor fail to make any required premium payments. Ali such payments made by the Beneficiary shall be added to the principal sum secured hereby; 11. To pay immediately and without demand all sums expended by Beneficiary or Trustee, under permission given under this Deed of Trust, with interest from date of expenditures at the lesser of (i) the maximum rate permitted by applicable law; or (ii) ten percent (70%) per anuwn; 12. The Trustor further covenants that it will not create, suffer, or permit to be created against the Property any lien or liens and further that it will keep and maintain the property fi-ee from the claims of all persons supplying labor or materials which will enter into the rehabilitation or construction of any and all improvements now being rehabilitated or constructed or to be rehabilitated or constructed on the Property, or will cause the release of or will provide a bond against any such liens within ten (10) days of Trustor`s receipt of notice of the lien or liens. -3- Ii231-0001A13123G3vl doe P -151 Nothing herein contained shall be deemed to prohibit the Trustor from contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the remedies available to the Trustor; 13. That the improvements upon the Property, and all plans and specifications, comply with all municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will comply with all such municipal ordinances and regulations and with the rules of the applicable fire rating or inspection organization, bureau, association or office; IT 1S MUTUALLY AGREED TIiA'l': 14. Should the Prope. ~y or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire, or earthquake, or in any other manner, the Beneficiary shall be entitled subject to the rights of the holder of any deed of dust that is senior to this Deed of Trust, to all compensation, awards, and other payments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name; any action or proceedings, or to make any compromise or setliement, in connection with such taking or damage. All such wmpensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting the Property, are hereby assigned to the Beneficiary subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust. After deducting therefrom all its expenses, including attorneys' fees, and if Trustor is not in default, Beneficiary shall apply all such proceeds to restoring the Property, or in the event of Trustor's default or in the event Trustor determines not to rebuild, the Beneficiary shall retain the proceeds to the extent of fhe amount of principal and interest due under the Note. Any balance of such proceeds still remaining shall he disbursed by the Beneficiary to the Trustor. 15. Upon default by Trustor under any of the Agreements wlvch is not cured within any applicable cm-e period expressly provided in the applicable Agreements, the Beneficiary may (but shall not be obligated to) declare all sums evidenced by the Note immediately due and payable by delivery to Trustee of written declaration of default and demand for sale, and of written notice of default and of eieciion [o cause the property to be sold, which notice Trustee shall cause to be duly filed for record and the Beneficiary may foreclose this lleed of Trust in the manner provided bylaw. In such event, Beneficiary shall also deposit with Trustee this Deed, the notes and all documents evidencing expenditures secured hereby; 16. After the lapse of such time as may then be required by ]a~c~ following the recordation of the notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder fm- cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its Deed conveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive -4- 1123 ! ~110o I \ 1312363v I .dac P -152 proof of the truthfulness thereof. Any person, including Trustor, Trustee or Beneficiary, may purchase at the sale. The Trustee shall app]y the proceeds of sa]e to pa}anent of (1) the expenses of such sale, together with the reasonable expenses of this trust including therein reasonable Trustee's fees or attorneys` fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (2) the cost of any search andlor other evidence of title procured in connection with such sale and revenue stamps on Trustee's Deed, if the latter is not paid by buyer; (3) all sums expended under the terms hereof, not then repaid, with accrued interest at the rate specified in the notes; (4) all other scans then secw'ed hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 17. Beneficiary may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appoinfilent, and without conveyance to the successor trustee, the latter shall be vested with all Title, powers, and duties confen'ed upon any Trustee herein named or acting hereunder. Each such appoinfilent and substitution shall be made by written instrument executed by Beneficiary, containing reference to this Deed and its place of record; which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor trustee; 18. The pleading of any statute of limitations as a defense to any and all obligations secm•ed by this Deed is hereby waived to the full extent permissible by law; 19. Upon written request of Beneficiazy stating that all obligations secured hereby have been performed, and upon surrender of this Deed of Trust to Trustee for cancellation and retention and upon payment of its fees, Trustee shall reconvey, without warranty, the Property then held hereunder. The recitals in such reconveyance of any matters or fact shall be conclusive proof of the truthfuhress thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto°; 20. The trust created hereby is irrevocable by Trustor; 21. This Deed of Trust applies to, inw'es to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, adnrnistrators, executers, successors, and assigns. The tens "Beneficiary" shall include not only the original Beneficiary hereunder but also any future Developer and holder including pledges, of the notes secured hereby. In this Deed, whenever the context so requires, the masculine gender includes the feminine, and the singular mm~ber includes the plural; 22. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided bylaw. Except as otherwise provided bylaw the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of proceeding in which Trustor, Beneficiary, or Trustee shall he a party unless brought by Trustee; 23. The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to it at the address provided in the Purchase Agreement, or to such other address as Trustor may provide in writing to Trustee fiorn time to time. -~- r iaawoorasiz~bs~raoo P -153 24. All principal and accrued interest under the Promissory Note shall, at the election of Beneficiary (in its sole and absolute discretion) given by written notice to Beneficiary, become due and payable immediately if the Property, or any portion thereof or interest therein, is sold or conveyed in violation of the CCU R's or is further encumbered without the prior written approval of Beneficiary. 25. This Deed of Trust is also intended to be and shall constitute both a Security Agreement and a "fixture filing" as defined in the Califortia Commercial Code, the Trustor being the Debtor and the Beneficiary being the Secured Party. Trustor hereby grants Beneficiary a security interest in all fixtures, and in all goods which are or are to become fixtures on the land, for the purpose of securing all indebtedness and other obligations of Trustor now or hereafter secured by this Deed of Trust The products of such collateral are also covered hereby. This Deed ofTrust, as a fixture filing, is to be recorded in the real estate records covering the real property covered hereby. Trustor authorizes Beneficiary to execute, deliver, file and record (as necessary) financing and continuation statements covering such property from tune to time in such form as Beneficiary may require to perfect and continue the perfection of Beneficiary's security interest with respect to such property, and to reimburse Beneficiary for any costs incurred in filing such financing statements and any continuation statements. Trustor shall not create or allow the creation of any other security interest in such property. Upon the occur-ence of any default by Trustor hereunder, Beneficiary shall have the rights and remedies of a secured party under the California Commercial Code, as well as all other rights and remedies available at law or in equity or as provided herein, all at Beneficiary's option. Trustor and Beneficiary agree that the filing of a financing statement in the records normally having to do with personal property shall never be construed as in any way derogating from or impairing this declaration and the hereby stated intention of the parties hereto that everything used in connection with the operation or occupancy of such property or the production of income therefrom is and, at all times and for all purposes and in al] proceedings, both legal and equitable, shall be regarded as real property encumbered by this Deed of Trust and fixture filing, irrespective of whether (a) any such item is physically attached to the buildings and improvements, (b) serial numbers are used for the better identification of certain equipment, or (c) any such item is refen~ed to or reflected it any such financing statement so filed at any time. Such mention in the Financing statement is declared to be for the protection of the Beneficiary in the event any court or judge shall at any time hold that notice of Beneficiary s priority of interest must be filed in the Uniform Commercial Code records to be efYective against a particular class of persons; including, but not limited to, the federal government and any subdivisions or entities of the federal government. 2G. All of the obligations hereunder are nonrecourse to the Trustor; recourse for the obligations hereunder is limited to the Property. However, the foregoing shall not limit rights to equitable relief, including injunctions. IN WITNESS WHEREOF the Trustor has executed this Deed of Trust as of the day and year set forth above. -6- 11231-0001 \13123 G3 v I .doe P -154 TRUSTOR: HOUSE OF RUTH, a California nonprofit public benefit corporation By: Print Name: Title: -7- i izsi-anor•,uizses~i.a~x P -155 State of California County of On ACKNOWLEDGEMENT before me, (insert name and Title of the oliicer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PER.iliRY under the laws of the State of California that the foregoing paragraph is true and correcf. WITNESS my hand and official seal. Signature (Seal} ACKNOWLEDGEMENT State of California County of On _ _ before me, (insni name and title of the officer) Notary Pubic, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within insh-mnent and acknowledged to me that he(she/they executed the same in his/her/t1?eu• authorized eapacity(ies), and drat by 11; c/lier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and eoirect. WITNESS my hand and official seal. (Seal) -8- 1 1 23 1-000IU 312363vLdoc P -156 EXHIBIT "A" DESCRIPTION: THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: LOT 40, OF TRACT NO. 12090, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 166, PAGES 30 THROUGH 3S, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARD[NO COUNTY, CALIFORNIA AND AS PER MAP AMENDED IN BOOK 169, PAGES 88 THROUGH 96, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. PARCEL NO. 2 EXCLUSIVE EASEMENT FOR THE BENEFIT OF THE APPURTENANT TO PARCEL 1 ABOVE, FOR LARGE PURPOSES OVER THOSE PORTIONS SHOWN AS AREA 94 ON THE PARKING PLAN 1N SATD DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. PARCEL NO. 3: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF THE APPURTENANT TO PARCELS 1 AND 2 ABOVE FOR INGRESS AND EGRESS OVER THOSE PORTIONS SHOWN AS COMMON AREA LOTS L AND M AS SHOWN ON SAID TRACT NO. 12090, PAGE. A.P.N. NO.: 0209-054-19-0-000 11231-0001 U 3I23R3r Ldoc P -157 RECORDING REQUESTED I3Y; AND WHEN RECORDED MAIL "CO (and mail any tax statements to): House of Ruth PO Box 459 Claremont, CA 9171 I Attn: Suzanne Aebischer Exempt from recording fees pursuant to G.C. §6103 GRANT DEED T'HE UNDERSIGNED GRANTOR DECLARES THP.T: Documentary Transfer Tax is $0.00 (transfer for no consideration; grant of purchase price by a city grantor under a federal program). FOR VALUABLE CONSIDERATION, ret eipt of ta~hich is hereby acknowledged, the CITY OF RANCHO CUCAMONGA, a municipal corporation ("Grantor") hereby grants to HOL`SE OF RUTH, a California nonprofit public benefit corporation ("Grantee"), the condominium located in the City of Rancho Cucamonga; County of San Bernardino, State of California, described on "Exhibit A" attached hereto and incorporated herein by reference, together with all improvements and fixtures thereon, subject to all matters of record and all matters that would be disclosed by an inspection, including all matters that would be disclosed by a con-ect ALTA survey of such property. 7N WITNESS WHEREOF, Grantor has executed this Grant Deed as of the dace set forth below. Dated: .2011 CITY OI' RANCHO CUCAMONGA By: Priut Name: EXHIBIT G P -158 ACKNOR'LEDOE>\1ENT State of California County of On before me, (inecn mm~c And li0c of the oPficrn') Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and con•ect. WITNESS my hand and official seal. (Seal} -2- I I?31-0U01A13123SivLdoc P -159 EXHBITI "A" DESCRIPTION: THE LAND REFERRED TO HEREIN [S SITUATED IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL NO. 1: LOT 40, OF TRACT NO. 12090, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARD[NO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 166, PAGES 30 THROUGH 38, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA AND AS PER MAP AMENDED IN BOOK 169, PAGES 88 THROUGH 96, INCLUSIVE OF MAPS, RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. PARCEL NO. 2: EXCLUSIVE EASEMENT FOR THE BENEFIT OF THE APPURTENANT TO PARCEL 1 ABOVE, FOR LARGE PURPOSES OVER THOSE PORTIONS SHOWN AS AREA 94 ON THE PARKING PLAN IN SAID DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. PARCEL NO. 3: NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF THE APPURTENANT TO PARCELS 1 AND 2 ABOVE FOR INGRESS AND EGRESS OVER THOSE PORTIONS SHOWN AS COMMON AREA LOTS L AND M AS SHOWN ON SAID TRACT NO. 12090, PAGE. A.P.N. NO.: 0209-054-19-0-000 11231-0OU 111712351 vLdoc P -160 (;~-y RICHARDS ~ WATSON ~ GERSHON ~~~~~ ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION 355 South Grand Avenue, 40th Floor, Los Angeles, California 90071-3107 Telephone 213.626.8484 Facsimile 213.626.0078 4chard Ychords j191~1y88j SELLER'S ESCROW INSTRUCTIONS glenn r. wglson retlredi harry 1. ershon ;1922-200]j , 211 s+even 1. dorsey Wllddm 1. StrOU52 i5chell e. abbot) ~w_;}ppanlwl~; VIA PDF AND FED EX imn m. oanow carol w. lynch gory m. kunert ClilcatTO Tltle lnsarance COlripally >mcs m. pmbo b red c. ceccon '1 h. koutmann c/o Chicago Title Escrow Services keving . ennis robin tl. Horns 1.8725 E. Gale Avenue, Suite 22~ 'r_hcel esfradc ensas n~ o r City of Industry, CA 9] 748 r b. olden kim Escrow Officer Attn: kio I. asamurc . peter m. morson fames I. markman Craig o. sleele i. peter aerce Re: Escrow No. :Order No. lerence r. bogs lisa band ienel e. coleson }oxonne m. dioz ji o9 a9ratorke y Ladies and Gentlemen: . curiey ai wil5am michael t. yoshiba regina n. Banner pcu!a guLerrez baeza T1Tis letter constitutes the escrow instructions of the C1Tl' OF RANCHO brace w. gollowoy diana k. Chuang o k k bo b ! CUCAMONGA ("Seller`) in connection with the sale by Seller to HOUSE OF c .d p k ~n n po davltl m.snow RUTH, a California nonprofit public benefit corporation (`'Buyer') of the land td;v c. ennquez tlrsfenr. bowman ll d described in your title report dated issued under Order No. bi y d. wsmore amy greyson deborah r hakman and improvements thereon (collectively, the "Property') for $119,000 (the "Purc ase . d. aaip fox Susan e. rusnak Price''), and the delivery by Buyer to Seller of a $1 19,000 purchase money g finder khatsa glnei~fo 1. gtovingo promissory note (evidencing a "conditional grant''). tnshc oniz Candice k. lee dovld g. altlerson modcelo e. mawquio O fi you have n~evious] received a co ~ of an executed Purchase and Sale ] y 1 y genc m.s nne 7enrnfer petnnis sleven!.Ilower Agreement dated as of , 2011 (ihe "Purchase Agreement") Chrislopher j. dlaz debbie y: Uto between Buyer and Seller. erin I. powers loussaint s. bailey Whitney g. mcdoneld series r, yoang veronicas. qunderson 1 DOCUMENTS. shin klima diana h. varal . katrino c. gonzcles Christopher I. hendricks The followin > executed documents or cowite parts thereof are enclosed or }~ ( rl of counsel will he delivered to you: mark L lamken Sayre weaver jim r. korpiak tere~aho-aro^^ (i) a Grant Deed executed by the Seller (the "Deed''); San francisco office telephone 415A27.8484 ff assignment of leases, security agreement and fixture (ii) a deed of trust ice orange coonty o telephone 714.990 osm , filing, executed by Buyer and acknowledged (the "Buyer Deed of Trust"); and (iii) Conditions, Covenants and Restrictions executed by Buyer and Seller and acknowledged (the "CC&R's"). EXFiI~tT H RICHARDS~WATSON~GERSHON ATTORNEYS AT LAW -A DRpFE551pNAL CORPORATION Chicago Title Insurance Company -,2011 Page 2 2. BUYER. 2. ] Buyer shall Nve transfer to Escrow No. ("Buyer Funds") any funds required of Buyer pursuant to the Settlement Statement described in Section 4.4 below (if any, the "Buyer Cost Deposit"). 3. CLOSING INSTRUCTIONS. Provided that all of the conditions set forth in Section 4 (below) have been satisfied, you shall: 3.1 Date any undated documents as of the date of the recordinglclosing. Collate the signature pages and acknowledgments fran counterpart originals of any documents delivered by, or on behalf of, the Buyer and Seller. 3Z Record the Deed, then the CC&R's, and then the Deed of Trust in the Official Records of San Bernardino County. 3.3 Disburse the Buyer Cost Deposit in accordance with the Settlement Statement described in Sectiun 4.3 below. 3.4 Deliver copies of the Promissory Note, Deed of Trust and CC&R's to the Buyer pursuant to the Buyer's instructions to you, and to the Seller c/o Tom Grahn at City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga; CA 91729-0807. 4. CONDITIONS PRECEDENT TO CLOSING. l'ou are hereby authorized to record when and only when: 4. ] 1'ou have in your possession the documents described in Section 1 (cr counterparts thereef), fully executed and, for all documents that are to be recorded, duly acknowledged and otherwise in recordable form. 4.2 You have received the Purchase Price Balance and the Buyer Cost Deposit; 4.3 You have received a settlement statement prepared by you and executed (or initialed) by Buyer and Seller providing for the application of funds received by you and payment of fees and premiums charged and expenses incurred by you (the "Settlement Statementi'). 4.4 You are irrevocably convnitted to issue to the Seller an ALTA lender to the policy in the amount of $141,000 in the form (and with the P -161 11231-OOU1AI312576v1.doc RICHARDS~WATSON~GERSHON ATTORNEYS AT LAW -A PROFESSIDNAI CORPORATION Chicago Title Insurance Company 2011 Page 3 endorsements) attached hereto as Exhibit A (the "Sellers Title Policy''). 4.5 YOU HAVE TELEPHONED AND RECEIVED ORAL CONFIRMATION FROM THE UNDERSIGNED (AT 27 3/253-0249) THAT ALL OTHER CONDITIONS TO CLOSING REQUIRED BY THE SELLER TO BE FULF]LLED OUTSIDE OF ESCROW HAVE BEEN FULFILLED TO THE SATISFACTION OF THE SELLER. 5. OTHER MATTERS. 5. ] You shall notify the undersigned when you have received confirniation that the recorded documents have been recorded in the Official Records. 5.2 ~~l'ithin five (5) business days after the close of escrow, delivery the original and one copy of the Seller's Title Policy to the Seller (c/o Tom Grahn) and one copy to the undersigned. 5.3 Payment of all title insurance premiums, escrow fees, recording fees, taxes and any other fees, costs and expenses are to be paid by in accordance with the Settlement Statement. 5.4 ]f you cannot comply with all of the foregoing by 3:00 p.m. on 201 1, you are not authorized to record or deliver any documents or disburse or disburse or apply any funds; in such event, you shall call the undersigned without delay. 5.5 These instructions maybe changed or revoked at any time by oral instructions from the undersigned, to be followed by written confirmation. P -162 1 1231-(HI01 \13125 iGv Ldoc RICHARDS ~ WATSON ~ GERSHON ATTORNEYS AT LAW -A Pft0EES510NAE CORPORATION Chicago Title Insurance Company 2011 Page 4 5.6 Your recordation of any of any document, delivery of any document, or disbursement of application of auy funds shall be deemed acceptance of these instructions by you and your ilrevocahle agreement to comply therewith; however, we request that you sign and return (via facsimile) a copy of this letter indicating its acceptance of and agreement to comply with all of the instructions set forth in this letter. Very truly yours; Bruce Galloway of Richards, W atson & Gershon Counsel to Seller ca Mr. Tom Grahn (by email/PDF) (by email/PDF) P -163 11231-0001 \I312576v Ldoc RICNARDS ~ WATSON ~ GERSHON ATTORNEYS Ai LAW -A PROFESSIONAL CORPORATION Chicago Title Insurance Company 2011 Page 5 ACKNO~~JLEDGMENT AND AGREEMENT The undersigned aclrnowledges and agrees that (])the persons executing this Acknowledgment and Agreement on behalf of Chicago Title Insw-ance Company as escrow agent and title insurer are duly authorized to do so; and (2) Chicago Title Insurance Company ~~~i11 act in accordance with the foregoing escrow instructions. CHICAGO TITLE INSURANCE COMPANY By: By: Escrow Offcer Title Officer Dated: . X011 P -164 11231-D001AI31257Gv LJnc P -165 EXHIBIT "A" PRO FORMA LENDER'S TITLE POLICY (INSURING SELLER DEED OF TRUST) (Attached.) 11231-0001\131?S76vl.duc P -166 STAFF REPORT PLd1NNiNG DEPART\tEV"r Date: February 2, 2011 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: James R. Troyer, AICP, Planning Director By: Thomas Grahn, Associate Planner ~_ s ^l RANCHO C,UCAMONGA Subject: NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PROPERTY SALE DRC2010-00704T -CITY OF RANCHO CUCAMONGA -The sale of 9686 Northampton Drive acquired under the NSP Acquisition/Rehabilitation and Reuse activity for occupancy by income eligible households in the Low Income (LH25) category consistent with the U.S. Department of Housing and Urban Development NSP guidelines. RECOMMENDATION: Staff recommends that the City Council approve the sale of 9686 Northampton Drive to the House of Ruth for occupancy by income eligible households in the Low Income (LH25) category consistent with the U.S. Department of Housing and Urban Development (HUD) Neighborhood Stabilization Program (NSP) guidelines. BACKGROUND: The Housing and Economic Recovery Act of 2008 (HERA) appropriated $3.92 billion in emergency assistance for the redevelopment of abandoned and foreclosed homes and residential properties. Grants under the HERA are considered Community Development Block Grant (CDBG) funds and are implemented by HUD through the NSP. The City`s NSP was approved by the City Council on November 5, 2008, and amended on February 17, 2010. The City's NSP contains two housing acquisition activities: 1. Acquisition/Rehabilitation and Resale -First Time Homebuyer Program -The acquisition and rehabilitation of single-family and multi-family homes that will be sold to income eligible homebuyers. NSP guidelines restrict the income to 120 percent of the area median income. 2. Acquisiiioniicehabilitafion and Reuse - Affordable Housing Program -The acquisition and rehabilitation of single-family and multi-family homes that will be made available to low income housing providers who will rent the units to income eligible tenants. NSP guidelines restrict the income to 50 percent of the area median income. During March 2010, staff began working with the National Community Stabilization Trust (NCST) for the acquisition of foreclosed and abandoned properties. The NCST is a Washington, DC based non-profit organization that facilitates the transfer of foreclosed and abandoned properties from financial institutions nationwide to local housing organizations to promote property reuse and neighborhood stability. The NCST was created to act as a middleman between cities looking to acquire abandoned properties and the lenders seeking to sell them. All properties acquired under the City's NSP program have been through our participation with the NCST. Consistent with NSP guidelines, all acquired properties were vacant (either foreclosed or abandoned) and were acquired for a minimum 1 percent below their current appraised value. ANALYSIS: On July 30, 2010, the City acquired 9686 Northampton Drive for $199,500 under the City's NSP Acquisition/Rehabilitation and Reuse -Affordable Housing Program. This property is located P -167 CITY COUNCIL STAFF REPORT DRC2010-00704T -CITY OF RANCHO CUCAMONGA February 2, 2011 Page 2 within the Beacon Pointe Condominium complex, located at the northwest corner of Archibald Avenue and 19th Street. The unit at 9686 Northampton Drive is a two-story, three-bedroom, 2-1/2 bathroom unit totaling 1,463 square feet, with an attached two car garage. Because the property was acquired under this speck NSP program, it must be utilized for the housing of persons who are at or below 50 percent of the area median income. In order to insure that the property is managed and utilized for rental purposes, staff recommends transferring the title to the House of Ruth at no cost, thereby making the property available for rental to income eligible households. Under the terms of the agreement, the House of Ruth would be able to utilize the property indefinitely, but would also be responsible for all aspects of property ownership, including: finding tenants, interior maintenance, payment of property taxes, payment of HOA fees, etc. In addition to the transfer of title, the NSP program would also provide funds (approximately $10,000) towards habitability repairs of the property. Per NSP guidelines, the occupancy of these units must be for long-tenn tenancy (a minimum 1 year lease), must be available to income eliylble households earning less than 50 percent of the area median income (adjusted for family size), and at a monthly rent that does not exceed 30 percent of the adjusted household income. The attached documents provide: Purchase and Sale Agreement: Details all aspects of the purchase and sale of the property between the City of Rancho Cucamonga and the House of Ruth. This document essentially requires the buyer to buy and the seller to sell the property under specified terms and conditions. • Covenants, Conditions, and Restrictions (CC&R's): Identifies the specific covenants, conditions, and restrictions applicable to ownership and operation of the property. • Promissory Note Secured by Deed of Trust (Purchase Money Loan): Specifies the terms and conditions for the purchase money loan. • Promissory Note Secured by Deed of Trust (Rehab Loan): Specifies the terms and conditions for the rehabilitation loan. • Deed of Trust: Conveys the City's interest in the property to the House of Ruth. • Grant Deed: Contains implied warranties that the City has not previously conveyed or encumbered the property. • Sellers Escrow Instructions: Provides directions to the escrow company. CONCLUSION; Staff recommends the approval of the following agreements through minute action, which will allow for the sale of 9686 Northampton Drive to the House of Ruth consistent with HUD's NSP guidelines and the City's NSP program. Res cffully subm(i~tted, Ja s R. Troyer, AICP Planning Director JRT:TG/ge P -168 CITY COUNCIL STAFF REPORT DRC2010-00704T -CITY OF RANCHO CUCAMONGA February 2, 2011 Page 3 Attachments: Exhibit A - NSP Acquisition/Rehabilitation and Reuse Activity Description Exhibit B - Purchase and Sale Agreement Exhibit C - Covenants, Conditions, and Restrictions Exhibit D - Promissory Note Secured by Deed of Trust (Purchase Money Loan) Exhibit E - Promissory Note Secured by Deed of Trust (Rehab Loan) Exhibit F - Deed of Trust Exhibit G - Grant Deed Exhibit H - Sellers Escrow Instructions P -169 1) Activity Name: NSP Acquisition/Rehabilitation and Reuse - Affordable Housing Program (Activity 1712) 2) Activity Type: NSP Eligible Use - (A) Establish financing mechanism for purchase and redevelopment of foreclosed upon homes and residential properties and (B) Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon; CDBG Eligible Activity - 24 CFR 570.201(a) Acquisition, (b) Disposition, and 570.202 Rehabilitation. 3) National Objective: Beneficiaries of the units acquired through this activity will be restricted to LMMC as defined in the NSP notice. All participants will be restricted to the income level below 50 percent of the AMI. 4) Proiected Start Date: 12/01/2008 5) Proiected End Date: D6/30/2013 6) Responsible Organization: City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Contact: Tom 6rahn, (909) 477-2750, tom.grahn@cityofrc.us 7) Location Description: The use of NSP funds will be targeted to those Census Tracts with a high risk factor of foreclosure; this includes Census Tracts 22.03, 21.00, 20.04, 20.05, 13.04, 20.07, 8.12, 20.03, and 20.06. The acquisition of homes in the southwest Cucamonga area (Census Tract 21.00) is encouraged due to the concentration of lower income households. 8) Activity Description: The City will acquire and rehabilitate foreclosed and abandoned single-family and multi-family (e.g., condo and townhome) units and use them in cooperation with local non-profit housing developers (e.g., Northtown Housing Development Corporation, National CORE, House of Ruth, Foothill Family Shelter, etc.). Available funds will be used for the acquisition of a minimum of 2 homes, and provide any necessary rehabilitation (based on the availability of funds). The homes acquired through this activity will provide affordable rental opportunities for individuals and families earning at or below SO percent of the AMl. Rents charged will not exceed Fair Market Rents, as published by HUD. Household rent cannot exceed 30 percent of the household monthly income. Title will be held by the non-profit and any assistance provided by the activity will be recorded as asilent-second, which will be repaid, along with any associated NSP funded rehabilitation costs, and will last for the duration of ownership by the non-profit group. Any funds received as program income (acquisition and rehabilitation funds) may be reutilized for the acquisition of additional housing units. Any rehabilitation activities associated with these acquired homes will be coordinated through the City's CDBG funded Home Improvement Program. Once the home is acquired, the City will determine the priority of rehabilitation activity, and coordinate rehabilitation improvements with local contractors. Rehabilitation funds are not distributed to the program recipient, but are instead coordinated through the City program. All of the foreclosed or abandoned homes acquired this activity will be minimum of 1 percent below fair market value. 9) Total Budget: The initial budget for this program is $533,350.00 (25 percent of Rancho Cucamonga's NSP allocation) assuming 100 percent financing by the City for the acquisition, rehabilitation and reuse of any acquired properties. Note that additional funds may be transferred from the Acquisition/Rehabilitation and Reuse -First Time Homebuyer program should additional funds be needed to meet this minimum program funding requirement. Substantial Amendment to the Neighborhood Stabili.a[ion Program -Gage 9 EXHIBIT A P -170 10) Performance Measures: The performance measurement outcomes will be measured by the total number of affordable housing units made available. This activity will assist in the purchase of a minimum~of 2 homes to be occupied by persons at or below 50 percent of the area median income. Substantial Amendment to the Neighborhood Stablllzation Program -Page In P -171 PURCHASE AND SALE AGREER1EN'I` "f1I1S I'L~KCI-tASli rWD SALE AGREE\~1EN"f (this'`,~reement"} is dated as of 201 1. and is entered into by and between HOUSE OF RU"fH_ a California nonprofit public henetit corporation ("Buyer ~1. and the CITY OF RANCI-l0 CUCAMONGA, a municipal corporation (`'Seller -). RECITALS A. Seller has acduirecl the Property (as described and defined below) using federal fiords (the "NSP Funds") distributed as part of the emerv~ency assistance for the redevelopment of abandoned and foreclosed homes under Suction 33111 et sey_ of Title 3 of Division B of the Housing and Economic Recovery Act of 21108, as amended by the American Recovery and ReinvesUnent Act of 2001; FLR. L as may he further amended and supplemented from time to time (collectively. the ",4ct `) and the Notice of Allncations..Application Procedures, Regulatory Waivers Granted to and Alternative Requirements frn~ Emergency Assistance fur Redevelopment of:4bandoned :u~d Forcclosc<.i Homes under the Reusing anti Ecuno!nic Kccoverv Act. 20(18 issued by the Deparhnent of Flouring and Llrban Development (°HUD'') and found at the Federal Register/Vol. 73, No. 194/October 6; 2008/Notices. as the same may be amended, restated or supplemented (the "NSP Re<_~ulatians'). The Act and the NSP Regulations are hereafter referred to collectively as the "NSP Guidelines''. This transaction is intended to comply with the provisions of the NSP Guidelines. B. Seller desires to sell the Property to Buyer, subject to and upon the terms and conditions hereinafter set forth; including the requirement that Buyer shall first rehabilitate/improve the Property using NSP Funds provided by Seller and then diligently lease the Property in accordance with the CC.&R's (as defined in Recital C below). C. In order to comply with the NSI' Guidelines, Buyer and Seller must, among other things, execute, acknowledge and record against the Property, concun~ently with the sale of the Property by Seller to Buyer hereunder, written "covenants, conditirn~s and restrictions'' in the form attached to the end of this A~-eement as Exhibit "H'' (tile "CC~2R's'}. 1. PURCHASE .AND SALE: PURCHASE PRICE; SELLER FINANCING; POST- l .l Purchase and Side. Upon the terms and subject to the a~oditions in this Agreement; Seller agrees to sell to Buyer and Buyer agrees to purchase from Seller the land in the City of Rancho Cucamonga, County of San Bernardino, State of California, described on Exhibit "A" attached hereto (the -`Land"), together with Seller`s interest in all buildings and other improvements thereon and Seller's interest in all fixtures, furnishings and other tangible personal property situated in or upon or used in connection with tite operation or maintenance of the Property (collectively, the "Property'). 1.2 Purchase Price. The purchase price ('`Purchase Price") for the Property shall be One Hundred Ninety-nine Thousand Five Hundred and No/100 Dollars ($199,500.00), which is the amount of the costs incurred by Seller in acquiring the Property and which shall be paid (or EXHIBIT B P -172 forgiven j in accordance with the terms of a S 199.>O0 secured promissory note in favor of the; Seller described in Section 1. ~ below. 1.3 Purchase Monev Financinu from Seller. Buyer shall execute and deliver to Seller, through Escrow. a promissory Wore in the t~~rnt attached hereto as Exhibit "B` (the "Purchase Monev Nute"). which shall he secured he a deed of trust on the Property in the form of Exhibit ''C'° executed and acknowledged by Buyer, delivered to Escrow and recorded at the (dose of Escrow (the '`City Dccd of'Trusr'j. 1.4 Reh~rbilit~tian/Rcn~ir La•m from NSP Funds Provided by Seller. Concurrently with the Close of Escrow, and as a condition to the Close of Escrow, Buyer shall execute and deliver to Seller a promissory notr in the form attached hereto as Exhibit "D~~ lrhe `'Rehab Loan Note"} ~~ hich evidences a rehabilitution,'repair luau of up to S 1(i_000 made by the Seller from the Seller's NSP Funds (the `'Rehab Loan"j for the costs of the work described in Exhihit "E;'' (the "Rehab Work"). The Rehab Loan Note will also he secured by the City Deed of Tnist. A default by Buyer under the Rchah La:ui Note shall constitute a default under the Purchase Money Note. and a default by Buyer under the Purchase Money Note shall constitute a default by Buyer un~ter the Kehab Loan Nate. Seller will disburse the Rehab Laan from time to time. but not more after than once every ,0 days, alier receipt of a written request for disbursement from Buyer describing the amount requested, and the casts that it is intended to pay, copies of applicable invoices for the work, appropriate mechanics lien releases i.e., conditional for the current month of invoices and unconditional for all prior invoices for work for which Rehab Loan funds were previously disbursed) and such other reasonable and customary construction loan disbursement conditions as may be imposed by Seller. No monthly payments shall be due on the Rehab Laan, and repayment of the Rehab Loan shall not be required (the Rehab Loan being a conditional grant) if Buyer does not default under this Agreement or any of the docwnents executed by Buyer under or in connection with this Agreement (or default by) the applicable cure period, if any, expressly provided. 1.5 Process for Rehabilitatian/Reuair Worlc. The process for bidding, contracting for and approving the Rehab ~4n9c shall be as set forth in the "City of Ranch Cucamonga Community Development BlockGrant Home Improvement Proa~ram Guidelines ` (specifically: Article IV, Sections C, E 4 and I; Article V, Sections A $, y, 10, 1 I, 13 and 14; Article Xlll, Section B (second and third sentences), C 2-G, and D; Article VX, Sections A, B, and C 1, 3, 4, ~ and 6; Article V1X; and Exhibits I, ,l; IC. L, M and N) (collectively, the "hmprovement Guidelines") subject to such chan~~e~s as may be requited by Seller in good fitith, and Buyer shall comply therewith. Buyer hereby acknowledges that it has received, reviewed and approved the Improvement Guidelines. 1.6 Completion of Post-Closing Ret~airs and Renovations• Buyer shall cause the work described on Exhibit "E" to be diligently completed, as extended by delays in campleting the work that arc not within the control of Buyer. 2. TITLE. 2.1 General. Title to the Property shall be conveyed by Grant Deed in the form attached hereto as Exhibit "F" and shall be evidenced by a CLTA Standard Coverage Form of 2 1123 L0p(nAI312615v1.doc P -173 Owner's Policy of'T-itle htsurance (or an :11_ I A I.xicnded Covera~*c Form Policy if Buyer elects such coverage as provided in Section 2. ~ below) (the''I~itle Policy} issued by Chica~!o Title Insurance Company, c/a Chicago Title Escrow Services. 15725 E. Gale Avenue. Suite 22>. City of Industry. CA 917~3A Attn: .Escrow Officer (['hone: ) : .Title Ot~cer ( i ) (°Escrou~ Holder" or ''"title Company°). with liability in [he full amount of the Purchase Price, insuring title to the Property as vested in Buyer, free and clear of all liens and encumbrances and other mutters affecting title to the Property, except the fallowing (the "Approved Title Exceptions"): (a) Assessments not yet due and payable; (b) The City Deed of Trust; . (e) The CC&R's; (d) Exceptions approved by Buyer or deemed approved by Buyer under Section 2.4. 2.2 Option for ALTA Coves<~c. Buyer shall have the option of obtaining an ALTA Extended Coverage Forrm Folicy of Title Insurance. In such event, Buyer shall, at its expense, procure an ALTA survey (the "Survey') and the cost of the ALTA extended coverage shall be borne by Buyer. 2.3 Title and Survey Review. Within ten (] 0) days following the date hereof, Buyer shall notify Seller (the '`Objection Notice") which of the liens, encumbrances and other matters described in the title report dated . 20_ issued by the Title Company under Order No. (the "PTR") are unacceptable to Buyer (the "Unpermitted Matters"), and Seller shall then have until the date that is ten (] 0) days after Seller's receipt of the Objection Notice to inform Buyer in writing that Seller will remove such Unpermitted Matters. if Buyer does not timely object, Buyer will be deemed to have approved all matters described in the PTR. The matters in the PTR that are not Unpermitted Matters shall be deemed approved by Buyer. The Objection Notice shall also specify what reasonable title endorsements Buyer will require (the `'Required Endorsements"). If Seller is unable to remove any such Unpermitted Matters or cause "them to be "insured over" by the Titie Company in a manner reasonably approved by Buyer, or cause the Title Company to issue the Required Endorsements by the scheduled Close of Escrow. then Seller shall so notify Buyer in writing (the "Seller Notice") within ten (10) days after receipt of the Objection I~btice and Buyer shall then have the option of (A) proceeding with this Agreement and taking title subject to the "Unpermitted Matters" or (B) tenuinating this Agreement, in which event the Deposit antl all interest earned thereon, shall he retmited to Buyer and neither party shall have any further obligations or liabilities hereunder. Buyer shall exercise one of its options set forth in clause (A) or (B) above by providing unconditional written notice thereof to Seller on or before the date that is five (5) days aftef- Seller gives the Seller Notice, and, if Buyer fails to provide such elcctlon notice within such time, then Buyer shall he deemed to have elected to proceed in accordance with clause (A). Buver shall have until , 2011 to obtain an ALTA survey and shall have three (3) business days after receipt of such survey to provide to the City written notice of any reasonable objections Buyer may have to ALTA title exceptions disclosed by the survey 11231-0001\I312615v1.dac P -174 (and not clearly evident from the P"I-R ahsent an ALTA survey). Such written notice from Buyer shall constinrtc an "Ohjecuon Notice" under the preceding paragraph and shall he subject to the provisions of the preceding paragraph. 2.=1 Condominium or Planned Unit Devetomnent. 'fhe Property is a condominium. Buyer is responsible for ohtaining and reviewing the covenants., conditions and resn'iaions and bylaws of the condominium: however. Seller agrees to use nas6nnhle effiirts to assist Buyer in obtaining a copy of the covenants, conditions and restrictions and bylaws. Buyer will be deemed to have accepted the covenants, conditions and restrictions and bylaws if Buyer does not notify Seller in writing. within fifteen (15) days after receipt thereof that Buyer disapproves. specifying reasonable bases for disapproval. If Seller does not reasonably address the basis for disapproval on or before the date that is five (5) business days prior to the Scheduled Close of Escrow, then Buyer may terminate this Agreement by written notice to Seller. Additionally, Buyer acknowledges that this transaction may be subject to the written consent of the governing body of a condominium, planned unit development, co-operative, or home owner's association, depending on the covenants. conditions and restrictions andlor bylaw=s of said governing body. SelIcr agrees hi promptly submit sue-h rcterences or other information as such governing body may require and Seller agrees to cooperate in any reasonable manner to obtain such consent, including a personal appearance by Seller before such governing body. Buyer shall be solely responsible for obtaining such consent. If after reasonable efforts, Seller is unable to obtain such governing body's consent to this transaction, Buyer may terminate this Agreement as Buyer's sole and exclusive remedy at law andlor equity, and Buyer and Seller shall have no further liability, no further obligation, and no further responsibility each to the other and Buyer and Seller shall be released t`rom any further obligation each to the other in connection with this Agreement except as to any provision that survives termination pursuant to this A},meement. DUE DILIGENCE: RIGHT OF ENTRY. ~.1 Seller Documents. Seller shall make available to Buyer for copying, at Buyer's expense, all leases and o±her non-privileged ma*.erial documents in Seller`s possession pertaining to the Property. Buyer shall promptly obtain a title report (and copies of title exception documents) for the Property. 3.2 Lead Paint Disclosure. (Check the provision thaC applies) ® Seller represents that the dwelling was constructed on the real property in 1978 or later. ^ Seller represents that the dwelling was constructed on the real property before 1978. (If such housing is located on the real property, complete the form attached as E-XHIB]T "G" (LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978).) 3.; Physical Inspections. Seller hereby grants Buyer and its agents, employees, contractors and subcontractors (collectively "Representatives") the right to enter on the Property until , 2011 (the '`Due Diligence Period") for the purpose of inspecting the physical condition of the Property, including soils and geological matters and toxic or hazardous 4 11231-lHlol\131261 ivLdoc P -175 substances and other contamination subject to schedule and coordination yvith the City's at j]. Such im~estigatians shall he at Buyer's expense. All work performed by Buyer and its Representatives will be performed diligently and in a manner consistent with the standards of care, diligence and skill exercised by recognized consulting tinny fiir similar services, and in accordance ea~ith all regulatory and good management standards and the requirements of any governmental agency or entity and all applicable laws, and shall not violate the rights of tenants. In connection with the inspections of the Property by Buyer and its Representatives. Buyer shall. at its own cost and expense. use commercially reasonable efforts to keep the Property, in good order and repair and safe condition to the extent that such Property, improvements ur personality were in such rnndition prior to its entry, and the whole of the Property. in a clean, sanitary and orderly condition, including, without limitation_ ensuring that any holes, ditches or other indentations. as will as any mounds or other inclines created by any excavation by Buyer or its Representatives arc. regraded, resurfaced and compacted. If any portion of the Property or an adjacent property. including improvements and tixhrres. suffers dama~,e or alteration by reason of the access and activities of Buyer or its Representatives on the Property, ,Buyer shall, at its oven cost and expense, promptly repair all such damage and restore. the Property or adjacent property to as good a condition as before such damage or alteration occurred, or if it cannot be repaired, Buyer shall replace such damaged or altered property to the extent possible. Prior to entering the Property, Buyer shall provide Seller with reasonable evidence that Buyer (or its Representatives) has reasonable insurance covering Buyer's (or its Representatives) activities on the Property. In any event, at its sole cost and expense, to defend, protect, indemnify, and hold free and harmless Seller and its employees, agents, and representatives. and their successors, and assigns (individually as "Indemnitee" and collectively, "htdemnitees"), free and harmless from and against any and all damages; costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever (collectively, the "Claims"), including fees of accountants, attorneys, expert witnesses, or other professionals, and all costs associated therewith, alining or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Buyer or any of its Representatives arising or claimed to arise, directy or indirectly, out of, in connection with, resulting from, or related to entry upon the Property pursuant to this Section 3, except for that portion or percentage of a Claim against an Indemnitee based on the negligence, gross negligence or willful misconduct of such Indemnitee. 3.4 Buver Notification of Hazardous Materials. Buyer and its Representatives shall promptly notify the Seller of any discovery, spill, release, or discharge of any "Hazardous Materials"- as defined in Section ~.: below, on, under or about the Property which is discovered, encomrtered, or results from or is related to the Buyer's or its Representatives' access to and/or use of the Property under this Agreement. 3.5 Termination by Buver. If Buyer determines, in its good faith, commercially reasonable discretion, that the physical condition of the Property is not acceptable to Buyer, then Buyer may terminate this Agreement by written notice to Seller given on or before the end of the 11231-0001 U 3126li v l .doe P -176 Due Diligence Period. I'f Buyer ticils to so terminate this Agreement, Bever shall be deemed to have approved all aspect; of the condition of the Property. 4. ESCROW. 4.I Escrow Instructions. This Agreement shall constitute escrow insuructions and Buyer and Seller shall deposit a copy of this executed Agreement (or copies of executed counterptu-ts) with the Esca'ow Holder within two (?) business days after the execution of this Agreement. 4.2 Escrow. Buyer and Seller shall promptly open escrow with Escrow Holder. If Escrow Holder shall require further escrow instructions, Esc-row Holder shall promptly prepare such escrow instructions on itc usual form for the- purc!~ase and sale of the Prepe.rty provided such further escrow instructions are consistent with this Agretancnt. The further escrow instructions shall incorporate each and every term of this Agreement and shall provide that in the event of any conflict between the ternzs and conditions of Chis Agreement and such further escrow instructions, the terms and conditions of this Agreement shall control. 43 Close of Escrow. Provided all of Seller's and Buyer's obligations to he performed on or before close of escrow have been performed and all the conditions to the close of escrow set fot?h in this A,~-eement have been satisfied, escrow shall close on or before 2011 ("Closing Date"). if the closing does not occur by the Closing Date for any reason, then subject to Section 23 hereof, auy party not then in default may terminate this Agn•eement by written notice to the other (and if such terniinating party is the Buyer, or neither Seller nor Buyer is in default,, then the Deposit and any interest thereon shall he returned to the Buyer). All risk of loss or damage (arising after 8re Closing Date) wide respect to the Property shall pass from Seller to Buyer at the close of escrow. Possession of the Property shall he delivered to Buyer upon the close of escrow, subject to the Leases. 4.4 Buyer's Deliveries. On or before the close of escrow, Buyer shall deposit into escrow the following (properly executed and acknowledged, if applicable): (a) The City Decd of Trust; (b) The CC&R's; (c) All other documents contemplated by this Agreement and required by Escrow Holder to he deposited by Buyer to carry out this escrow. Buyer shall deliver the executed Purchase Money Promissory Note and executed Rehab Loan Promissory Note directly to Seller. 4.5 Seller's Deliveries. Before the close of escrow, Seller shall deposit into escrow the following (properly executed and acknowledged, if applicable) and deliver copses thereof (marked "copy") to Buyer: (a) The Grant Deed conveying the Property to Buyer; (b) Unless Seller is exempt from withholding, anon-foreign affidavit from Seller certifying that Seller is not a "foreign person," "foreign estate," "foreign corporation'' or "foreign 11231-(1001 V 312615v1.doe P -177 parntershili ~ or any other foreign entire= as such terms are defined in Section 1=1di of the htternal Revenue Code and fhe income tax re!_ulations promulgated thereunder: and (c) Any other documents contemplated by this Agreement or re.LSanably required by Escro~+~ Ffolder or the Title Company to be deposited by Seller to carry oui this escrow. 4.6 Conditions to the Close of Escrow. Buyers ohligation to proceed ~~°ith the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Buyer's benefit and may he waived only by Bttyer: (i) Title Company sh~dl hove issued nr shall have committed in writing to issue the Title Policy to Buyer in the amitunt ofthe Purchase Price. showing fee title to the Prnperty to he vested in Buyer, suhject only to titli; exceptions approved i'~r deemed approved by Buyer; and (ii) Seller shall not he in default under this Agreement. Seller's obli~,ation to proceed with the transaction contemplated by this Agreement is subject to the satisfaction of all of the following conditions precedent, which are for Seller's benefit and may be waived only by Seller: (A) Title Company shall have issued or shall have committed in writing to issue, at Buyer's cost; a lender's ALTA title policy in the amount of $199,500 insuring the City Deed of Trust subject to no liens; (B) Seller shall have been provided by Buyer with reasonable evidence (such as certificates of insurance) that Buyer has obtained all of the insurance required by Section ~ of the City Deed of Trust; (C) Buyer shall not be in default under this Agreement. Waiver of any condition to close of escrow shall not relieve any party for liability resulting from breach of any representation, warranty, covenant or agreement under this Agreement. In the event that the conditions to close of escrow are not timely satisfied for a reason other than a default of Buyer or Seller under this Agreement: (iii) This Agreement, the escrow and the rights and obligations of Buyer and Sellers hereunder shall terminate, except as otherwise provided herein;:and (iv) Escrow Holder, upon such termination, is hereby instructed to promptly return to Buyer funds (and all interest accived thereon) and documents deposited by Buyer in escrow, and to return to Sellea- all funds and documents deposited by Seller in escrow and which are held by Escmw Holder on the date of the termination (less, in the case of the party otherwise entitled to such funds, the amount of any cancellation charges required to be paid by such party under Section 4.10 below). 4.7 Recordation of Grant Deed; Delivery of Funds. Upon receipt of the funds and instruments described in this Section ~}, Escrow Holder shall cause the Grant Deed, City Deed of Trust and then the CCB: Rs to be recorded in the office of the County Recorder of San Bernardino County, California, and Escrow Holder shall deliver the proceeds of this escrow (less any 11231-OOUTAI312GISv Ldoc P -178 appropriate i barges) to Seller by wire transfer to Seller pursuant to written wire transfer instructions to be delivered by Seller to Escrow Holder. ~.8 Prorations. .411 asscssments. if any. levied or assessed on or a~_ainst the Property shall he prorated as of the Closing Date. At the Closing. Buyer shall receive a credit against the Purchatse Price equal to all accrued and unpaid assessments as irfthe C'lusing Date (includint_ without limitation. all aissessments attributable to the year prior to the Closing but not payahle until after the C'losim_ and all assessments attribur<rhlc to the vear in which the Closing occurs but not payahle until the following year). The credit for accrued assessments for which bills have not been issued as of the Cktsim* Date shall be based c'm the then most recent asscssments (and anv known increases or decreases). Assessments shall be reprorated between Seller and Buyer at the rime of issuance crt the actual bills theretbr and payment of any adjustment based on snob reproratiCm shall be paid by the patty owing the other based on such adjustment within tifteen (l 5) days after receipt by such party of copies of the applicable bills. This obligation to reprorate shall survive the Closing. Seller is exempt from property taxes. 4.9 Costs. Buyer shall pay recording charges. escrow fees, documentary transfer taxes, and the cost of CLTA ownefs title covera~'e for Buyer. 4.10 Escrow Cancellation Charles. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the dcfmlting party shall be liable for all cscr ow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, each party shall pa}' one-half (U2) of all escrow and title cancellation charges. 4.1 ] Broker's Commissions. Buyer and Seller represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Each party agrees to indernuify, defend, protect and hold hamiless the other and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar person or entity arising from or in connection with the sale of the Property under this Agreement and based on communications or agreements with the indemnifying party. 5. AS-IS SALE: REPRESENTATIONS AND WARRANTIES. 5.1 No Side Agreements or Representations. Except for the express representations and warranties herein, no person acting nn behalf of Seller is authorized to make, and by execution hereof; Buyer aclatowledges that no person has made. any representation, agreement, statement, wan~anty, guarantee or promise regarding the Property or the transaction contemplated herein or the zating, construction, physical condition or other status of the Property (including; without limitation, the presence, absence, condition or status of any Hazardous Materials or compliance with any Hazardous Materials Laws, or such capitalized terms are defined in Section 5.3 below). No representation, warranty, agreement, statement, guarantee or promise, if any, made by any person acting or purporting to act on behalf of Seller which is not contained in this Agreement or in any amendment hereto will he valid or binding on Seller. 5.2 AS [S CONDITION: RELEASE. BUYER ACKNOWLEDGES AND AGREES THAT. SELLER. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES 8 11231-0001AI312615v1:doc P -779 SET FORTH HEREIN. HAS NOT MADE, DOES NOT MAKE .AND SPECIFICALLY NEGA"TES AND DISC.'f_AIMS ANY REPRESENTATIONS, V~'.ARRANTIES. PROMISES. COVENANTS. AGREiEMEN"fS OR Gtir1RANT[F.;S OF ANY KIND OR CHARA('TER WHATSOEVER, \h%HETHEK EXPRESS OR IMPLIED. ORAL. OR WRI"fTEN. PAS"1', PRESENT OR FU'fURE.OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPER"fY OR ,ANY MA'I°fER IZELA"TED "THERE"f O. INC'Lt.iDING. WI"fHOt!'i 1.IM1"I'ATION. THE FIABITABILITY. MERCHAN"fABfLITY'. M.4RKETABILI"fY. PROFITABILITY OR Ff"1'NESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, AND COMPLIANCE WI"fH ANY ENV[RONMENTAL LAWS OR THE PRESENCE. ABSENCE, CONDI'ffON OR STATUS OF .ANY HAZARDOUS MATERIALS. BUYER AC'KNOVV'LEDGESRND AGREES THAT "f0 THE MAXIMUM EXTEN"f I'EI2MITTED BY LAW. "iHE SALE OF l HEi PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN ".4S LS-- CONDFf1ON AND BASIS WET} I ALL FAUL~ fS. rWD "fH:1T SELLER HAS NO OBLIGATIONS TO MAKE REPAIRS, RF,PLACEMENTS OR IMPROVEMENTS OR REMEDiATE ANY HAZARDOUS MATERIALS. BY TNITIALING BELOW, THE BUYER ACKNOWLEDGES TFIAT (i) THIS SECTION 5.2 HAS BEEN KEAD AND FULLI' UNDERSTOOD, (ii) T!IE BUYER HAS HAD THE CHANCE "f0 ASK QUF-,STIONS OF ITS COUNSEL ABOUT ITS MEANING AND SIGNIFICANCE, AND (iii) THE BUYER H.4S ACCEPTED AND AGREED TO THE TERMS SET FORTH tN THIS SEC"f1ON 5.2. BUYER'S INITIALS Buyer waives and releases as o1'the Close of Escrow any and all claims it may have against Seller relating to the physical condition of the Property (including, without limitation, the presence or release hazardous materials or substances). To the extent of such waiver and release, and excluding fraud, Buyer expressly waives its rights, if any, under California Civil Code Section 1542 which provides: ".4 GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH TtiE CREDITOR DGES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SE`TTLEM'ENT WITH 7HE DEBTOR." Buver`s Initials 5.3 Certain Definitions. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance; pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et sue; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section lib et Il?31-OOOlU312GI5vLdoc P -180 seq: asbestos and asbestos-containing materials. PCBs and other substances regulated under the 'T'oxic Substances Ctmtrol Act. 1 ~ U.S.C. Section 2601 et seq; source material, special nuclear nrrturial. by-product material and any othea~ radioactive mah:rials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et sue; industrial process and pollution control wastes. whether or not hazardous ~~ithin the mcanin« of the Resource Conservation and Recovery Act. 43 Li.S.C. Sectiun 6901 et se .: any substance defined as a "hazardous substance' in California Civil Code Section 2929.5(ej(2) or Calitinnia C'odc of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. "fhe term "Environmental Laws~~ shall mean and include all fedora], state and local statutes; ordimmces. regulations and rules in effect on or prior to the date hereof ri huing to environmental quality, health, safety, contamination and clean-up, including; without limitation, the Clean Air Act. 42 U.S.C. Section 7401 et se ;the Clean Water Act, 33 U.S.C. Section 1251 et seq; and the Water Quality ,4ct of 1957; the Federal Insecticide, Fungicide. and Rodc;nticide Act 7 U.S.C. Section 13C, et sue; the Marine Protection, Research, and Sanctuaries Act..33 U.S.C. Section 1401 et seq: the National Environmental Policy r1ct, 4^_ U.S.C. Section 4321 et sue; the Noise Control Act. 42 U.S.C. Section 4901 ct ~: the Occupational Safety and Health Act, 29 U.S.C. Section 651 et sue; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et sue; as amended by the Hazardous and Solid Waste Amendments of ] 9$4; the Safe Drinking Water .4ct, 42 U.S.C. Section 300f et sue; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et sue; as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right-to-Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 _t sue; the Atomic Energy Act, 42 U.S.C. Section 2011 et sue; and the Nuclear Waste Policy Act of 1952, 42 U.S.C. Section 10101 et sue; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 6. EMINENT DOMAIN OR T.41C1NG; PHYSICAL DAMAGE OR DESTRUCTION. 6.1 If, prior to the close of escrow, any material portion of the Property is Taken or if the access thereto is materially reduced or restricted by eminent domain or otherwise (or becomes the subject of a pending, threatened or contemplated taking which has not been consummated, other than any such taking prosecuted by or on behalf of the Buyer), Se-ller shall immediately notify Buyer of such fact. hr such event. Buyer shall have the option, in its sole and absolute discretion, to terminate this Agreement upon written notice to Seller given not later than ten (10:1 business days after receipt of Seller's notice. If Buyer does not exercise Phis option to terminate this Agreement, neither party shall have the right to terminate this A~aeement, but the Seller shall assign and turn over to Buyer, and the Buyer shall be entitled to receive and keep, all awards for the taking by eminent domain which accrue to Seller; and the parties shall proceed to the close of escrow pursuant to the ternis hereof, without modification of the terms of this Agreement and without any reduction in the Purchase Price. Unless and until this Agreement is terminated, Seller shall take no action with respect to any eminent domain proceeding without the prior written consent of Buyer, which consent shall not be unreasonably withheld or delayed. ]0 11231-0001 U 3126 1 Sv I .Aoc P -181 6? If, after the Due Diligence Perioii and prior to the Close of Escrow. any material ponion of the Property is materially damaged or destroyed clue to any cause, natural ur othervvisc, including. without limitation: (i) any desrructice seismic or geological conditions such as any eanhyuake or tremor, subsitlencc, or unstable suhsurfirce conditions or (ii) a material violation of any Environmental Laws known tit Seller. Seller shall immediately notify Buyer of such thct (the "Seller Damage Notice°1. Jn such event Buyer or Scllcr may terminate this Agreement upon written notice to the other eiven within ten ((0) days after Seller gives the Seller Damage Notice. if neither party terminates this Agreement, then Seller shall assign and turn over, mid the Buyer shall be entitled to receive and keep, any insurance proceeds paid to Seller in connection with such damage or destruction, and the parties shall proceed to the close of escrow pursuant to the terms hereof. without modification of the terms of this Agn-ecment, and Buyer shall use any such payments and proc--eels to promptly and diligently repair the damage and shall provide Seller with evidence thereof promptly after written request from Seller from time to time (and the foregoing obligations shall survive the close of escrow). INCORPORATION OF EXHIBITS. All exhibits attached hereto and refe~Ted to herein are incorporated in this Agreement as though fully set forth herein. 8. ATTORNEYS` FEES. In the event of a dispute between Buyer and Seller regarding any of the terms and provisions of this At~n•eement, or the transaction described herein, or any action to enforce the (eons of this Agreement, the prevailing patty in such action shall be awarded, in addition to damages, in;urctive or other relief, its reasonable costs and expenses, not limited to taxable costs, reasonable attorneys' fees and reasonable fees of expert witnesses. 9. NOTICES. All notices, reyuests, demands and other communication given or required to be given hereunder shall be in writing and personally delivered, sent by first class certified mail, postage prepaid, return receipt requested, or sent by a nationally recognized courier service such as FedEx, addressed to the parties as follows: To Seller: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attention: Jack Lam, City Manager With a Copy To: Richards. Watson and Gershon 355 South Grand Avenue, 40th Floor Los Angeles, CA 9007]-3101 Attention: Bruce W. Galloway, Esq. II231-0001\I312G15vl.doc P -182 To Buver: House of Ruth p.0. Box =1>9 Claremont. CA 9] 71 l Attn: Susanne Aebischer. Executive Director To Escrow Holder/ Title Company: Chicago Title Insurance Company c/o Chicago "fiCle Escrow Services 18725 E. Gale Avenue, Suite 225 City of Industry, CA 97748 Attn: ,Escrow Officer Title Officer 'title Order No. Escrow No. Delivery of any notice or other communication hereunder shall be deemed made on the date of actual delivery thereof to the address of the addressee, if personally delivered, and on the date indicated in the return receipt or cow ier's records as the date of delivery or as the date of first attempted delivery, if sent by certified mail or courier service. Any party may change its address for purposes of this Section by giving notice to the other party as herein provided. 10. ASSIGNMENT. Buyer shall not assign this Agreement or any rights hereunder without the prior, written consent of the City Manager. 11. BINDING EFFECT. This Agmeement shall be binding upon and shall inure to the benefit of the parties hereto, and their successors and assigns. 12. ENTIRE AGREEMENT. This Agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and all prior or contemporaneous agreements or understandings, oral or written, pertaining to any such matters are merged herein and shall not be effective for any purpose. No provision of dais Agreement maybe amended, supplemented or in any way modified except by an agreement in writing signed by the parties hereto or their respective successors in interest and expressly stating that it is an amendment of this Agreement. 13. HEADINGS. The headings of this A~eement are For purposes of reference only and shall not limit or define the meaning of the provisions of dais Agreement. 12 11231-0001U312615v1.doc P -183 l~. COUN"PERP.ARTS. "Phis A~_rcement new be executed in anv number of counterparts, each of which shall be an original. but all of which shall constitute one and the same instrument. Furthermore, executed counterluuts of this Agreement may be delivered by facsimile or other reliable electronic means (including enurils of pdf documcnts).:utd such facsimile or other electronic transmission shall be valid and binding for all purposes when transmiitcd to and ach~ally received by the other pasty. Notwithstanding the foregoing, each party delivering executed documents by facsimile or other electronic means agrees to provide the other party +vith an original, hard copy of the relevant signed documents promptly after the request of the other party. 15. SURVfVAI_. Any provision hereof +vhich is executory as of the Closing Date and all representations and warranties shall survive such close of escrow and delivery of the Grant Deed and shall continue to he a binding provision on the parties hereto according to its terms. I6. TIME OF "CHE'. ESSENCE. Time is of the essence of each and every provision of this Agreement in which time is a factor (including, without limitation, Section 1.5). 17. THIRD PARTIES. Nothing contained in this Agreement, express or implied, is intended to confer upon any person, other than the parties hereto and their successors and assi},ms, any rights or remedies under or by reason of this Agreement. 18. SEVERABILITY. If any one nr more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision hereof. and this Agreement shall be construed as if such invalid, iilegal or unenforceable provision had never been contained herein, unless such invalidity. illegality or unenforceability materially affects the economic terms of the transactions contemplated by this Agreement or the ability of either party to perform its obligations under this Agreement. In such case, either party may terminate this Agreement and the escrow upon ++ritten notice to the other party given no later than ten (10) business days after the party giving such notice becomes aware of such invalidity, illegality or unenforceability. In the event of such termination, all funds deposited with Escrow Holder by Buyer and any interest accrued thereon shall be returned to Buyer. 1 J. ADD1T10NAL DOCUMENTS: FURTHER ASSURANCES. Each party hereto agrees to perform any further acts and to execute, acknowledge and deliver any further documents that maybe reasonably necessary to carry out the provisions of this Agreement. 13 t tzst-aooni rtseis~t.d~x P -184 211. CITY AS SELLER. Buyer acknowledges Yhat Seller is enterin_ into this Agreement in its proprietary eapacity such that neithc r the provisions iif this Agreement nor any consent or approval given hy+ Seller under this Agreement. shall waive ur modit}' any of Seller's rights in its governmenuil capacity. 21. AMENDMENTS. The City Manaeer of Seller shall have the right to enter into amendments of this Agreement on behalf of Seller without the approval of the City Council provided that such amendments do noC decrease the amount of the Note, or otherwise materially affect any of the economic terms of this A~+reement (prowidcd that the City M:mager shall ha~~e the right to reasonably extend the deadline for the Close of Escrow or the Due Diligence Period). 22. INDEMNIFICATION. Buyer shall indemnify, defend (with Icgal counsel selected h}~ Saner) and hold Seller and its appointed officials. ofticers, employees, agents smd consultants harmless from and against any and all claims, losses. liabilities, actions, ;udgmients,. costs and expenses relating directly or indirectly to the Property or Buyer's acts or omissions with respect thereto and which arise afer the Close of Escrow. This Section shall survive the Close of Escrow. 23. SELLER DEFAULT: NO DAMAGES. In the event Seller defaults under this Agreement, Buyer shall not be entitled to damages but, at ifs option and as its sole remedies, may either: (a) terminate this Agreement in which event [(i) the Deposit and all interest earned thereon shall be returned to Buyer acid (ii)] Seller shall reimburse Buyer for all costs and expenses incurred by Buyer in negotiating and undertaking the transactions contemplated hereby and investigating the Property, including, without limitation, all costs associated with the investigations and other activities described or contemplated under Section 3.3 above; or (b) specifically enforce this Agreement, by legal action or otherwise. In the event of a default by Seller of which Buyer is not aware prior to Closing, including. without limitation, a breach of any representation ur warranty not discovered until after Closing, Buyer shall he entitled to exercise any and all rights and remedies at law or in equity. 24. GOVERNING LAW; VENUE. This Agreement shall be governed by and construed iu accordance with the laws of the State of California (without regard to conflict of laws principles or rules). All legal actions under, or in connection with this Agreement shall be filed and maintained by Buyer and Seller in courts located in San Bernardino ('ounty. 25. BUSINESS DAY. If the final day of any period or any date of performance (including the Due Diligence Period) under this Agreement falls on a Saturday, Sunday or legal holiday, then the final day of the period or the date of such performance shall be extended to the next business day. 14 1123LW01A1372G15vl.duc P -185 IN WITNESS WHEREOF, dte parties hereto have executed this Agreement as of the day and vcar first abo~~c ~~rittcn. BUYER: HOUSE OF RUTH. a California nonprofit public benefit corporation B y: Print Natne: Title: SELLER: CITY OF RANCHO CUCAMONGA, a municipal corporation By: _ Print Name: Title: .Attest: City Clerk APPROVED AS TO FORM: Richards, Watson & Gershon By: Bruce W. Galloway, Esq. IS I I?31-0001 \13126 UvLdot P -186 EXHIBIT "A" DESCRIPTION OF"I'HE PROPERTI' P.0.RCEL 1 AN UNDIVIDED 1/18 FEE-I INTEREST .4S .4 TENANT 1N C'OMMON IN LOT 4 OF TRACT NO. 13313. FN THE CIT>' OF RANCHO CUCAMONGA, COUNTY OF 5AN BERNARDINO, S'FATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOK 203, PAGES 57 THROUGH 59, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, (THE "COMMON AREA"). EXCEPTING AND RESERVING THEREFROM UNITS 47 T}{ROUGH 64, INCLUSIVE, LOCATED THEREON. ALSO EXCEPTING AND RESERVING; THEREFROM, NONEXGLL'SIVE EASEMENTS FOR ACCESS, INGRESS; EGRESS. ENC'ROAC'HMENT, MAINTENANCE. KEPAUZ, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECL,ARAT(ON REFI:.RRE;D TO BEL(1W. ALSO EXCEPTING THEREFROM ALL GAS, OIL AND HYDROCARBON SUBSTANCES NOW OR HEREAFTER IN, ON OR UNDER THE HEREIN DESCRIBED PROPERTY, OR WHICH MAY BE DEVELOPED OR EXTRACTED THEREIN OR THEREFROM AS RESERVED IN THE DEED RECORDED JUNE 28, 19461N BOOK ]882, PAGE 215, OFFICIAL RECORDS PARCEL2 UNIT 60 CONSISTING OF CERTAIN AIR SPACE AND ELEMENTS, AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN ("PLAN") FOR BEACON POINTE AT ALTA LOM.0., WHICH PLAN AS RECORDED ON NOVEMBER 29, 1988 AS INSTRUMENT NO. 88-399714, OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM, NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT, AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION REFERRED TO BELOW; PARCELS NON EXCLUSIVE.. EASEMENTS APPURTENANT TO PARCELS 1 AND 2 FOR ACCESS, INGRESS; EGRESS, ENCROACHMENT MAINTENANCE, REPAIR, DRAINAGE, SUPPORT. AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THEi. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OF BEACON POINTS AT ALTA LOMA ("DECLARATION"), RECORDED MARCH 7, 1988 AS INSTRUMENT NO. 8 8-069 1 75, OFFICIAL RECORDS, AND MODIFIED AUGUST 1, 1IR8 AS INSTRUMENT NO. 88- 262360, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY; CALIFORNIA. A-i 1123 I -(N101 V 312615v I .dnc P -187 PARCEL 4: AS EXCLUSIVE USE .AREAA APPURTENAN'T' TO PARCELS 1 AND ? .ABOVE. FOR AI_L USES .AND PURPOSES OF A YARD .ARF,A OVER .AND ACROSS THAT PORTION OF LOT =3 OF SAID 'CRACT l a i~ ~ DEFINED AND DELINEATED ;1S THE "EXCLUSIVE USE COMMON AREA" BE.AR[NG THE SAME NUIv1[3ER A-2 11231-000IV 312GISvl.doc P -188 EXH1131T "B" FORb1 OF PURCHASE ntONEI' PROIVIISSORI' NOTE [Attwched.] B-1 11241-0U01 A 1312615v l .doc P -189 EIHIBIT "C" FORA OF' CI"Cl' DEED OF TRl1ST [Att:)ched_~ C-1 1 1 23 1-0001 11 3I2GI5vl.da: P -190 EXHIBIT "D" FOR~7 OF REHAB LOAN PRO`11SSORY NOTE [Attached.] D-1 1 1 23 1-1100 1 \ I312615v Ldoc P -191 EXHIBIT "F" DESCRIPTION OF POST-CLOSING REPAIRS AND RENOVATIONS Repairs and renovations to 9686 Northampton Drive may include the fr,llowing 1. General repairs may include: replace the water heater/water heater subfloor and install state approved earthquake strapping. replace garage door opener, replace HVAC filter, paint entire interior a neutral color, replace the slider access to the rear yard, replace the front door with a new wood six panel door and install new HOA approved door latch. 2. Repairs to the kitchen may include: replace the stm~e, replace range hood, replace the dishwasher, install a rcti~igerator, and replace the kitchear faucet. .>. Repairs to the downstairs bathroom may include: replace the toilet, and install GFI outlets. 4. Repairs to the upstairs bathroom at the master bedroom may include: replace Che toilet, repair the electrical switch and install GFI out]eT, install new ceiling light tixtm•e in master bathroom closet, repair broken window. 5. Repairs to the upstairs bathroom may include: replace the toi]et. E-1 11231-WOl\I ~126ISvLdoc P -192 CXHIRIT "F" FOt2iV1 OF GRAN'C DEED [Attached.] F-1 11231-0001A1312615vLdac P -193 EXHIBIT "G" LEAD PAINT ADDENDUM FOR HOUSING CONSTRUCTED BEFORE 1978 LfiAD WARNING STATEMENT Every purchaser of any interest in residential real property on which a residential dwelling was built before 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children a[ risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, Including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any inforn~atiom on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead-based paint hazards..A risk assessment or inspection for possible lead-based paint hazards is recommended before pm~chase. SELLER'S DISCLOSURE } . Presence oflead-based paint and/or lead-based pantt hazards (check items a or b below): a. Known lead-based paint and/or lead-based paint hazards nre present in the housing. If checked, dte following explanation is provided: b. Seller has no knowledge oflead-based paint and/or lead-based paint hazards in the hotising. 2. Records and reports available to Seller (check item a or b below): a. Seller has provided Buyer with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing. If checked, the following documents were provided: b. _ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. BUYER'S ACKNOWLEDGMENT 1. Buyer has read the Lead Warnine Statement above and understands its contents, and has received copies of all information listed above. 2. Buyer has received fhe pamphlet Protect }'nur Fnmil7, from Lead in }'our Honve. 3. Buyer has either (check one of the buses below): ^ received a 10-day opportunity (or mutually agreed-upon period) ro conduct a risk assessment or inspection for the presence oflead-based pain[ and/or lead-based paint hazards; or G waived the opportunity to conduct a risk assessment or inspection for the presence of Icad-based paint and/or lead-based paint hazards. G-1 11231-OWlV3I2GI5vf.dnc P -794 AGENT'S ACKNOWLEDGMENT BY AGENT'S EXECUTION BELOW, AGENT ACKNOR'LEDGES THAT: Agent has informed Seller of Seller's obligations under 42 U.S.C. yA852d and is aware of his or her responsibility [o ensure compliance. CERTIFICATION' OF ACCURACY The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. SELLER: BUYER: CITY OP RANCHO CUCAMONGA; a mm~icipal corporation a(n) By: Print Name: Title: AGENT: By: Print Name: Title: G-2 11231-0001 U 31261 Sv 1.doc P -195 EXHIBIT "H" FORM OF CC&R'S [Attached.] H-1 11231-WOi\131261 Svl.doc P -196 RECORDING REQUESTED BY AN.U WHEN RECORDED MAIL TO: City of Ranoho Cucamonga 10500 Civic Center Drive P.O. Bos 807 Rancho Cucamonga, CA 91729-0807 Attn: ~]~. 02~7_]~~_(,]_Q_~p~ SPACE ABOVE TIi15 LINE FOR RECORDER'ti tiSE COVENANTS CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY (INCLUDING RESALE RESTRICTION, EXIT FEE AND RIGHT OF FIRST REFUSAL) THESE COVENANTS, CONDITIONS AND RESTRICTIONS AFFECTING REAL PROPERTY (INCLUDING RESALE RESTRICTION, EXIT FEE AND RIGHT OF FIRST REFUSAL) ("CCR.R's") are entered into this day of, 20] 1 (the "Effective Date"), by and between the CITY OF RANCHO CUCAMONGA, a California municipal corporation ("City") and HOUSE OF RUTI [, California nonprofit public bcnclit corporation (together with its successors, assigns and successors-in-interest, collectively, the `'Owner"). RECTTALS WHEREAS, the City is a California municipal corporation which has received funds (``NSP Funds") from the Ultited States Department of housing and Urban Development pursuant to the federal Housing and Economic Recovery Act of 2008 and Neighborhood Stabilization Program for the purpose of acquisition and rehabilitation of abandoned and foreclosed homes and residential properties to provide decent, safe, sanitary and affordable housing for low income households in the City; and WHEREAS, the City desires to increase, improve and preserve affordable homeownership opportunities available to low and moderate income households within the City; and WHEREAS, to promote this goal, the City has established the NSP Acquisition/Rehabilitation and Reuse Program (the "City NSP 1'mgram") pursuant to which the City will acquire, sell and/or rehabilitate single-family homes for the purpose of occupancy by qualified low income households; and WHEREAS, the City has acquired a condominium at 9686 Northampton Drive in Rancho Cucamonga, California (,the "Property"). The condominium is described on Exhibit "A" attached hereto; WHEREAS, substantially concun•ently herewith, the City is selling the Property to Owner pursuant to a Purchase and Sale Agreement dated , 201 1 (the ``Purchase Agreement") subject to the condition that the Owner execute, deliver and record these CC&R's which, among other things, impose certain continuing restrictions and obligations related to and on the Property; and P -197 VrJHEREAS. in connection with the sale and as described in the Purchase Agreement, the Owner is delivering a X199,500 purchase money promissory note to City for the purchase price of the Property evidencing a conditional grant made by City to Owner (the `'Purchase Money Loan"); and such promissory note is secured by a deed of trust, assignment of rents; security agreement and fixture tiling recorded against the Property ("Deed of Trust'); WHEREAS, concurrently with the sale of the Property by City to Owner, City is also making a loan of $10,000 ofNSP Funds for costs of rehabilitating and/or repairing the Property, as more particularly described in the Purchase Agreement (the "Rehab Loan") which is also secured by the Deed of Trust; WHEREAS, the Owner agrees for themselves, their successors and assigns and all successors-in-interest to ali or any portion of or that the Property is to be used exclusively as residences for low income families who previously were residents of the City of Rancho Cucamonga for at least one (1) year; either at no renter at a real no greater than an "affordable rent'' in perpetuity, as more particularly set forth below; and WHEREAS, the City also bas an interest in insuring that the Property funded by the Program is properly maintained and remains attractive. NOW, THEREFORE, in consideration ofthe promises contained below and other good and sufficient consideration, the receipt of which is hereby acknowledged, the City and the Owner agrees that the Property against which these covenants, conditions and restrictions are recorded shall be held, sold and conveyed subject to the following covenants, conditions and restrictions. 1. City of Rancho Cucamonga Sunnorts Affordable Housine. The City supports affordable housing for low-income residents within the City of Rancho Cucamonga as set forth in regulations published in 24 Codc of Federal Regulations Part 92. 2. Definitions. For purposes of this Agreement; the following definitions shall apply (a) Low Income: A family whose income does not exceed fifty percent (50%) of the median family income for the area, as detcrmiued by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings highet• or lower than fifty percent (50%) of the median income for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of consU-uction costs or fair market rents, or unusually high or low family incomes. (b) Eligible Household: A household whose annual income does not exceed fifty percent (50%) of area median income for San Bernardino County. Owner shall use diligent efforts to give priority in leasim,* first to households that previously resided in the City of Rancho Cucamonga and second to households that were previously employed within the City of Rancho Cucamonga and shall provide evidence of such efforts to the City upon request. (c) Affordable Rent: In accordance with 2> CFR 92.252(a), but subject to 25 CFR 92.252(c) and (f), no more than the lesser of: (i) the fair market rent for existing housing for -~- 11231-0001A1312572v LAoc P -198 comparable units in the area as established by HUD under 24 CFR 888.111; or (ii) a monthly rent that does not exceed 30 percent ofthe adjusted monthly income of an Eligible Household. (d) Owners: Means the current owners of the Property and any subsequent owners. 3. Terns: Affordability Period. The affordability period for these covenants, conditions and restrictions shall continue in perpetuity following the Effective Date. 4. Resale Restriction. Subject to the City's Right of First Refusal and the Affordability Exit Fee provision described in Paragraph 7 below and repa}nnent of the Purchase Money Loan and Rehab Loan, the Property may be sold by the Owners during the Affordability Period. 5. Form of and Ternrs of Leases• Restrictions or Termination of Tenancies: Tenant Selection Policies and Criteria. Owner shall at all times comply with the provisions of 24 C.F.R. 92.253, as amended or modified from time to time. 6. Resale/Refinancine Fee. if Owners elect to sell the Property, the Owners shall repay the Purchase Money Loan and Rehab Loan to the City and shall also pay to the City: (a) One hundred percent (100%) of the Net Sales Proceeds or Refinancing Proceeds (as hereinafter defined) shall be due to the City in the event of a sale occurring prior to ten (10) years after the Effective Date; (b) Seventy-five percent (75°/u) of the Net Sates Proceeds or Refinancing Proceeds shall be due to the City in the event of a Sale occurring from eleven (11) to twenty (20) years after the Effective Date; (c) Fifty percent (50%) of the Net Sale Proceeds shall be due to the City in the event of a Sale occurring twenty-one (21) to thirty (30) years after the Effective Date; (d) Twenty-five percent (25%) of the Net Sales Proceeds or Refinancing Proceeds shall be due to the City in the event of a Sale occurring from thirty-one (31) to forty (40) years after the Effective Date; (e) No Resale/Refinancing Fee shall be due upon any sale occurring after forty (40) years. As used herein, the term "Net Sales Proceeds° shall mean (A) the purchase price paid to Owner for the Property Icss the sum of (i) the Purchase Money Loan and Rehab Loan (which are to be repaid concurrently with the sale); and (ii) deductions by the escrow holder of costs payable by the Owner for brokerage commissions, recording charges, title insurance, escrow fees, and similar reasonable closing costs; less (B) die sum of (i) the price paid by Owner to the City for the Property; (ii) any additional costs paid by Owner as buyer through the escrow for the purchase of the Property by Owner from City; (iii) actual, documented improvements to the Property paid for by Owner using Owner's own funds and not from proceeds of the Rehab Loan -3- 1123 I -0OU 1'•,131252 v Ld°c P -199 (as shown by reasonable evidence delivered to City) that increased the value of the Property, as reasonably determined by City. As use here in the teen "Refinancing Proceeds" shall mean all proceeds of any refinancing or financing secured by the property that are paid to or are paid for the benefit of the owner. 7. City Rit?ht of First Refusal. City shall have the right of first refusal if Owners, its successors or its assigns, elect to sell the Property regardless of whether the sale is to an Elib~ible Household. City may credit the principal and interest under the Purchase Money Loan and Rehab Loan against the purchase price. 8. Monitorine by the City. On or about July 1st, of each calendar year, the City will mail a form to the record owner of the Property to confirm that the Property is occupied solely by Eligible Households at an Affordable Rent. The Owners of the Property shall complete the form and return it to the City within thirty (30) calendar days after receipt of the request from the City. City may also at any time contact the occupants of the Property in order to verify compliance with the Proeram and these CC&R's. 9. Bindint on Successors in Interest. The Owners hereby covenant and agree that their heirs, successors and assigns, and every successor in interest to the Property; or any part thereof shall comply with each and every term, covenant, condition and reshiction contained herein. These CC&R's shall run with the ]and, any other provision of law notwithstanding; and shall be enforceable by the City in an action for specific performance against the Owners and their successors and assigns. 10. Maintenance of Propert (a) The Owners agree, for itself, its successors and assigns, that they shall maintain the Property, dwelling unit, improvements, landscaping and fixtures in good repair and shall keep the Property free from any accumulation of debris or waste materials, consistent with the customary practice and so as not to create a nuisance, or violate any provision of the City of Rancho Cucamonga Municipal Code (the "Municipal Code"). (b) All exterior painted sw~faces shall be maintained at all times iu a clean and presentable manner, free tiom chipping, cracking and defacing marks. Any such defacing marks shall be cleaned or removed within the time as set forth in subparagraph (d) below. (c) The Owners shall at all times maintain the front exterior, visible side exteriors and yard in a clean, safe and presentable manner, free from defacing marks or any disrepair. The Owners shall maintain andlor repair the front exterior or rear or visible side yard and exterior of the dwelling unit. (d) All graftiti and defacement of any type, including marks, words and pictures, must be removed and any necessary painting or repair completed within one (1) week of their creation or within one (1) week after notice to Owners. -4- 11'-31-0001\I? 12572v Ldnc P -200 (e) Al] driveways must be paved and maintained with impervious material iu accordance with the Municipal Code. 1 1. Remedies for Breach. Upon breach of any of these CC&R's, the City may exercise any and all remedies available to it at law or equity. These remedies include, without limitation, an action for injunctive relief or specific performance, and accelerating the pa}nuent of the Purchase Money Loan [and Rehab Loan] (both of which are. in actuality, "conditional grants" of NSP funds) (~~+hich if not then paid would entitle City to exercise its remedies under the Deed of trust, including foreclosure). If the City Manager or his or her designee finds that the conditions of the dwel]ing unit or the Property constitute a breach of Section 10 of this Agreement, then the City shall so notify the Owners in writing and the Owners shall have five (5) calendar days following this written notice to correct or abate such breach. if the conditions are not corrected to the reasonable satisfaction of the City Manager, then the City, its employees or its agents may enter upon the Property to remedy and abate the conditions creating the breach. Owner shall reimburse City within five (5) business days after written demand for City's costs of remedying the conditions creating the breach, including, ~++ithout limitation, administrative, overhead, and engineering costs. The obligation to pay such costs shall be secured by the Deed of Trust. The provisions of this Section 11 ve supplemental to all other legal rights and remedies available to the City: 12. City as Beneficiary. The City is the beneficiary of the terms and provisions of these CC&R's running with the land; both for and in its own right. and for the purposes of protecting the interests of the conmmnity and other parties, public or private, for whose benefit these CCB.R's running with the land have been provided. These CCB:R's shall run in favor of the City without regard to whether the City has been, remains, or is an owner or has any interest in the Property or in any other parcel in the City. The City shall have tTie right, but not the obligation, to exercise all rights and remedies and to maintain any actions at ]aw or in equity or any other proceedings to enforce these CC&R's. 13. Nonwaiver. T lie failure of City to enforce a;+y cne or more of'the covanants, conditions or restrictions contained herein on any one or more occasions shall not consritute a waiver of the City`s right to enforce the covenants, conditions and restrictions in the future. 14. Noncompliance. hr the event of noncompliance with any provision under these CCB:.R's, the City may tape any and all enforcement actions provided for by any provision of the Municipal Code, or exercise any other remedy under the law to which the City maybe entitled. Should the City bring an action to enforce the terms of these CC&R`s, the prevailing party shall be entitled to costs of suit; including reasonable attorneys' fees. 15. Deemed Consent. Any person who now or hereafter owns or acquires any right, title or interest in or to the Property shall be deemed to have consented and agreed to every covenant, condition and restriction contained herein whether or not any reference to these CCRR's is contained in the instrument by which such person acquired an interest in the Property. -5- II?31-0001AI312572v1 Anc P -201 16. Nonrecourse. All of the obligations hereunder are nonrecourse; recourse for the obligations hereunder is limited to the Property. Howe~~er, the foregoing shall not limit rights to equitable relief, including igjunctions. CITY: CITY OF RANCHO CUCAMONGA, a California municipal corporation By: Print Name: Title: Attest: By: City Clerk APPROVED AS TO FORM: By: City Attorney OWNER: HOUSE OF RUTH, a California nonprofit public benefit corporation By: Print Name: Title: -6- i i» i-ooo ra; izsr_. ~.aoc P -202 State of California County of Los Angeles On ACE~NOWLEDGEMENT before me; (inset name and Title ofthe olricer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aze subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ACIiNOR'LEDGEMENT State of California Coun±y of Los Angeles On before me, (insect mine and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to 6e the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies); and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) -7- P -203 EXHBIIT "A" DESCRIPTION OF CONDOMINIUM PARCELI AN UNDIVIDED 1/18 FEET INTEREST AS A TENANT IN COMMON IN LOT 4 OF TRACT NO. 13353, IN THE CITY OF RANCHO CUCAD4ONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED 1N BOOI{ 203, PAGES 57 THROUGH 59, INCLUSIVE OP MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, (THE "COMMON AREA"). EXCEPTING AND RESERVING THEREFROM UNITS 47 THROUGH 64, INCLUSIVE, LOCATED THEREON. ALSO EXCEPTING AND RESERVING THEREFROM; NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE; REPAIR, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES, ALL AS DESCRIBED fN THE DECLARATION REFERRED TO BELOW. ALSO EXCEPTING THEREFROM ALL GAS, OIL AND HYDROCARBON SUBSTANCES NOW OR HEREAFTER IN, ON OR UNDER THE HEREIN DESCRIBED PROPERTY,, OR WHICH MAY BE DEVELOPED OR EXTRACTED THEREIN OR THEREFROM AS RESERVED IN THE DEED RECORDED JUNE 28, 1946 IN BOOK 1882, PAGE 215, OFFICIAL RECORDS. PARCEL 2 UNIT 60 CONSISTING OF CERTAIN AIR SPACE AND ELEMENTS, AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN ("PLAN") FOR BEACON POINTE AT ALTA LOMA, WHICH PLAN AS RECORDED ON NOVEMBER 29, 1988 AS INSTRUMENT' NO. 88-399714, OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM, NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT, AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION REFERRED TO BELOW; PARCEL 3: NON EXCLUSIVE EASEMENTS APPURTENANT TO PARCELS l AND 2 FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT MAINTENANCE, REPAIR, DRAINAGE, SUPPORT, AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THF.. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OF BEACON POINTS AT ALTA LOMA ("DECLARATION"), RECORDED MARCH 7, 1985 AS INSTRUMENT NO. 88-069175, OFFICIAL RECORDS, AND MODIFIED AUGUST ], 1988 AS INSTRUMENT NO. 88- 262360, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 11231-000111312572v1.doc P -204 PARCEL 4: AS EXCLUSIVE USE AREA APPURTENANT TO PARCELS 1 AND 2 ABOVE, FOR ALL USES AND PURPOSES OF A YARD AREA OVER AND ACROSS THAT PORTION OF LOT 4 OF SAID TRACT 13353 DEFINED AND DELINEATED AS THE "EXCLUSIVE USE COMMON AREA" BEARING THE SAME NUMBER 1 I?31-0001 U 312572v 1.dw~ P -205 PROMISSORY VOTE SECURED BY DEED OF TRtiST (Purchase Money Loan) 5199,00 Rancho Cucamonga, California 201 1 FOR VALUE RECEIVED, HOUSE OF RUTH, a California nonprofit public benefit, corporation ("Borrower') hereby promises to pay to the CITY OP RANCHO CL'CAMONGA, a California municipal corporation ("Lender"), or order, the principal amount of ONE HUNDRED NINETY-NINE THOUSAND FIVE HUNDRED AND NO1100 DOLLARS (5199,500), plus interest as provided below. This Promissory Note Secured by Deed of Trust (the "Promissory Note") is delivered (and is to be performed) as payment of the purchase price payable by Borrower to Lender under that certain Purchase and Sale Agreement dated 2011 between Lender, as seller, and Borrower. as buyer (the "Agreement''), and evidences by a conditional grant by Lender to Borrower (the "Conditional Grant"). 1. Commencing on the date hereof. principal hereunder shall accrue simple interest at the rate of three percent (3%) per annum. 2. All principal and accrued interest shall become due and payable on the occurrence of a default raider the Purchase Agreement or this Note provided, however, that in the event of the payment of this Note has not been accelerated by Lender under the Agreement on or prior to 20_, then no principal or interest shall be payable. A default by Bon-ower under the Purchase Agreement or the Promissory Note Secured by Deed of Trust in the principal amount of 5 executed by Borrower in favor of Lender that evidences a loan from Lender to Borrower for rehabilitation and repair costs shall constitute a default under this Promissory Note. The outstanding principal may not be prepaid. 4. All sums payable under this Promissory Note are payable to Lender at 10500 Civic Center Drive, P.O. Box 807, Rancho Cucamonga, California 91729-080?, Attn: Planning Director, or at such other place as the Executive Director of Lender may inform the Borrower in writing, iu lawful money of the United States. 5. The Borrower waives presentment for payment, demand, protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and all defenses and pleas on the ground of any extensirnr or extensions of the time of pa}nnent or of any due date under this Note, in whole or in part, whether before or after maturity and with or without notice. 6. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorneys' fees, which may be incurred by the holder hereof, in the enforcement of this Note or any term or provision hereof. 7. This Promissory Note is secured by a Deed of Trust With Assignment of Rents, Security Agreement and Fixture Filing dated , 201 1 executed by Borrower, as tnastor, in favor of Lender, as beneficiary. Section 24 of the Deed of Trust provides that if the EXHIBIT D P -206 real property described in the Deed of Trust, or any portion thereof or interest therein, is sold or conveyed in violation of the CC~R's or is further encumbered without the prior written consent of Lender, then Lender may elect to declare the principal of this Promissory Note and all accrued interest immediately due and payable. 8. The failure of Lender to exercise any right to accelerate described herein (and any deliver in exercise of such right), shall not constitute a waiver of the right to exercise such right. 9. The Promissory Note shall be governed by the laws of the State of California. 10. All of the obligations hereunder are nonrecourse; recourse for the obligations hereunder is limited to the real property that is collateral for this Note. However, the foregoing shall not limit rights to equitable relief, including injunctions. BORROWER: HOUSE OF RUTH, a California nonprofit public benefit corporation Bv: Print Name: Title: 71231-OOOlU372148v Lpoc P -207 PROMISSORY NOTE SECURED BY DEED OF TRUST (Rehab Loan) $10,000 Rancho Cucamonga, California 2011 FOR VALUE RECEIVED, HOUSE OF RUTH, a California nonprofit public benefit corporation ("Bon~ower") hereby promises to pay to the CITY OF RANCI-IO CUCAMONGA, a California mmticipal corporation ("Lender"), or order, the principal amount of TEN THOUSAND AND NO/100 DOLLARS ($10,000), plus interest as provided below. This Promissory Note Secured by Deed of Trust (the "Promissory Note") is delivered (and is to be performed) as evidence of a rehab/repair loan (the `'Loan") made by Lender from NSP funds under that certain Purchase and Sale Agreement dated , 2011 between Lender, as seller, and Borrower, as buyer (the "Agreement"). 1. Commencing on the date hereof; principal hcreuuder shall accrue simple interest at the rate of three percent (3%) per annum. 2. All principal and accrued interest shall become due and payable on the earlier of a sale of the Property securing the Note or the occurrence of a default under the Purchase Agreement or this Promissory Note Secured by Deed of Trust (the "Note"). A default by Borrower under the Promissory Note Secured by Deed of Trust in the principal amount of $119,000 executed by Borrower in favor of Lender that evidences apurchase-money loan by Lender to Bon~ower shall constitute a default under this Promissory Note. 3. The outstanding principal may not be prepaid. 4. All sums payable under this Promissory Note are payable to Lender at 10500 Civic Center Drive, P.O. Bux 807, Rancho Cucamonga, California 91729-0807, Attn: or at such other place as the Executive Director of Lender may infornt the Borrower in writing, in lawful money of the United States. 5. The Borrower waives nresenhnenl for payment, demand; protest, and notices of dishonor and of protest; the benefits of all waivable exemptions; and al] defenses and pleas on the ground of any extension or extensions of the time of payment or of any due date under this Note; in whole or in part, whether before or after maturity and with or without notice. 6. The Borrower hereby agrees to pay all costs and expenses, including reasonable attorneys' fees. which may be incurred by the holder hereof, in the enforcement of this Note or any term or provision hereof. 7. This Promissory Note is secured by a Deed of Trust With Assignment of Rents, Security Agreement and Fixture Piling dated , 201 I executed by Borrower, as trustor, in favor of Lender, as beneficiary. Section 24 of the Deed of Trust provides that if the real property described in the Deed of Trust, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encmnbered without the prior written consent of Lender, then Lender may elect to declare the principal of this Promissory Note and all accrued interest immediately due and payable. -1- EXHIBIT E P -208 8. The failure of Lender to exercise any light to accelerate described herein (and any deliver in exercise of such right), sball not constitute a waiver of the right to exercise such right. 9. The Promissory Note shall be governed by the laws of the State of California. ] 0. All of the obligations hereunder are nonreeourse; recourse for the obligations hereunder is limited to the real property. However, the foregoing shall not limit rights to equitable relief, including injunctions. BORROWER: HOUSE OF RUTH, a California nonprofit public bereft corporation B y: Print Name: Title: -~- II?31-0001\IJ 12355v Ldoc P -209 RECOKDING REQUESTED BY AND WI-IEN RECORDED MAIL TO: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box S07 Rancho Cucamonga, CA 91729-0807 Attu: City Clerk ~ ran ~tnr r~tc This Aonumem is exempt from ate payment of a recording 1'ee pursuant to Government Cnde Sulion 27383. DEEll OF TRUST With Assignment of Rents, Security Agreement, and Fixture Filing This DEED OF TRL"SST is dated as of , 2011, and is executed by HOUSE OF RUTH, a California nonprofit public benefit corporation ("Trustor"), in favor of FIRST AMERICAN TITLE INSURANCE COMPANY, as trustee ("Trustee"), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation, as beneficiary ("Beneficiary"). Trustor grants, transfers; and assigns to Trustee, in nest, with power of sale, and right of entry and possession, all of Trustor s interest in the condominium in the City of Rancho Cucamonga, County of San Bernardino, State of California, described on Exlribit "A" attached hereto; Together with the rents, issues, and profits thereof, subject, however, to the right, power, and authority hereinafrer given to and confen•ed upon Beneficiary to collect and apply such rents, issues, and profits; and together with all buildings and improvements of every kind and description now or hereafter erected or placed thereon, and all fixtures, including but not limited to all gas and electric fixtures, engines and machinery, radiators, heaters, furnaces, heating equipment, laundry equipment, steam and hot-water boilers, stoves, ranges, bath tubs, sinks, water closets, basins, pipes; faucets and other plumbing and heating fixtures, mantels, cabinets, refi-igerators, whether mechanical or otherwise, cooking apparatus and appm•tenanees, and all shades, awnings, screens, blinds and other furnishings, it being hereby agreed that all such fixtures and fm-uishings shall to the extent permitted bylaw be deemed to be permanently aftixed to and a part of the realty; and Together with all building materials and equilnnent now or hereafter delivered to the premises and intended to be installed therein; and Together with all articles of personal property owned by the Trustor now or hereafter attached to or used in and about the improvements (including buildings) now erected or hereafter to be erected on the lands described which are necessary for the comfortable use and occupancy of such improvements (including buildings) for the purposes for which they were or are to be erected, including all other goods and chattels and personal property as are ever used or tumished in operating affordable rental housing, or the activities conducted therein, similar to the EXHIBIT F P -210 one herein described and referred to, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are, or shall be attached to the improvements or buildings in any manner. To have and to hold the property hereinbefore described together with appurtenances to the Trustee, its or his successors and assigns (the "Property"). FOR THE PURPOSE of securing and securing pa}anent of (a) a contingent obligation of the Trustor to the Beneficiary in the principal sum of $ ] 99,500, as evidenced by that certain Promissory Note Secured by Deed of Trust of substantially even date herewith executed by Trustor in favor of Beneficiary, and all modifications, amendments and restatements thereof (the `Purchase Money Note") and which evidences a conditional grant; (b) a contingent obligation of the Trustor to the Beneficiary in the principal sum of $10,000, as evidenced by that certain Promissory Note Secured by Deed of Trust of substantially even date herewith executed by Trustor in favor of Beneficiary, and all modifications, amendments and restatements thereof (the `'Rehab Loan Note') and which evidences a conditional grant; and (c) any sums payable by Trustor or its successors-in-interest under Section 12 of these certain Covenants, Conditions and Restrictions Affecting Real Property (including Resale Restriction, Exit Fee, and Right of First Refusal) (the "CC&R's"). AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES: 1. That it timely perform each and every covenant contained in (and otherwise comply with) the Purchase Money Note, the Rehab Note, this Deed of Trust and the CC&R's dated concurrently or substantially concurrently herewith, executed by Trustor and recorded in the Official Records of San Bernardino County; California (collectively the "Agreements"), it being understood that the CCRR`s and Trustor's obligations thereunder and perforn~anee thereof are not; however; secured by this Deed of Trust; but that a default under the CC&R's shall constitute a default under the Note and this Deed of Trust. 2. That this Deed of Trust is executed pursuant to that certain Purchase and Sale Agreement between Trustor and Beneficiary dated , 209 i. 3. That all rents, profits and income from the Property are hereby assigned to the Beneficiary for the purpose of securing the obligations of Trustor under the Note. Permission is hereby given to Trustor, so long as no default exists hereunder, to collect such rents, profits and income. 4. That upon default under any of the Agreements that is not uncured within any applicable cure period expressly provided in the applicable Agreements, Beneficiary shall be entitled to the appointment of a receiver by any court having jurisdiction, without notice, to take possession and protect the Property and operate same and collect the rents, profits and income therefrom; 5. That the Trustor will keep the improvements now existing or hereafter erected on the Property insured against loss by fire and such other hazards, casualties, and contingencies as may be required from time to time by the Beneficiary (earthquake insurance not required), and -~- I I?31 A001 `•.I3 t23G3v Ldoc P -211 all such insurance shall be evidenced by standard fire and extended coverage insurance policy or policies. ]n no event shall the amounts of coverage be less than one hundred (100%) percent of the insurable value of the improvements, and in default thereof the Beneficiary shall have the right to obtain such insmrance. Such policies shall be endorsed with standard mortgage clause with loss payable to the Beneficiary; 6. To pay, before delinquency, any taxes and assessments affecting the Property including assessments on appurtenant water stock; when due, all payments due under or secured by encumbrances, charges and liens, with interest, on the Property or any part thereof which appear to be prior or superior hereto; all costs, fees, and expenses of this Trust; 7. To pay when due all claims for labor performed and materials furnished with respect to the Property; to comply with all laws affecting the Property or requiring any alterations or improvements to he made thereon; not to willfully commit or permit waste thereof; not to willfully commit, suffer or permit any act upon the Property in violation of law and/or covenants, conditions and/or restrictions affecting the Property; 8. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorney s fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear; 9. Should Trustor fail to do any act as herein provided, then Beneficiary or Trustee, but without obligation to do so and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Beneficiary or Trustee being authorized to enter upon the Property for such purposes, may commence, appear in and/or defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; may pay, purchase, contest, or compromise any encumbrance, charge, or lien which in the judgment of either appears to he prior or superior hereto; and, in exercising any such powers, may pay necessary expenses, employ counsel, and pay his reasonable fees; 10. The Beneficiary shall have the right to pay fire and other property insurance premiums when due should Trustor fail to make any required premium payments. All such payments made liy the Beneficiary shall be added to the principal sum secured hereby; 11. To pay immediately and without demand all sums expended by Beneficiary or Trustee, under permission given under this Decd of Trust, with interest frmn date of expenditures at the lesser of (i) the maximwn rate permitted by applicable law; or (ii) ten percent (10%) per amrmn; 12. The Trustor further covenants that it will not create, suffer, or permit to be created against the Property any lien or liens and further that it will keep and maintain the property free from the claims of all persons supplying labor or materials which will enter into the rehabilitation or construction of any and all improvements now being rehabilitated or constructed or to be rehabilitated or constructed on the Property, or will cause the release of or will provide a bond against any such liens within ten (10) days of Trustor's receipt of notice of the lien or liens. -3- i izs i-Donna izses~•i.a~x P -212 Nothing herein contained shall be deemed to prohibit the Trustor from contesting the validity or amounts of any tax assessment; encmnbrance or lien; nor to limit the remedies available to the Trustor; 13. That the improvements upon the Property, and all plans and specifications, comply with all municipal ordinances and regulations and all other regulations made or promulgated, now or hereafter, by lawful authority, and that the same will comply with all such municipal ordinances and revelations and with the rules of the applicable fire rating or inspection organization, bureau, association or office; IT IS MUTUALLY AGREED THAT: ] 4. Should the Property or any part thereof be taken or damaged by reason of any public improvement or condemnation proceeding, or damaged by fire; or earthquake, or in any other manner, the Beneficiary shall be entitled subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust, to all compensation, awards, and other payments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name, any action or proceedings, or to make any compromise or settlement, in connection with such taking or damage. All such compensation, awards, damages, rights of action and proceeds, including the proceeds of any policies of fire and other insurance affecting the Property, are hereby assigned to the Beneficiary subject to the rights of the holder of any deed of trust that is senior to this Deed of Trust. After deducting therefrom all its expenses, including attorneys' fees, and if Trustor is not in default, Beneficiary shall apply all such proceeds to restoring the Property, or in the event of Trustor's default or in the event Trustor determines not to rebuild, the Beneficiary shall retain the proceeds to the extent of the amount of principal and interest due under the Note. Any balance of such proceeds still remaining shall be disbursed by the Beneficiary to the Trustor. 15. Upon default by Trustor under any of the Agreements which is not cured within any applicable cure period expressly provided in the applicable Agreements, the Beneficiary may (but shall not be obligated to) declare all sums evidenced by the Note immediately due and payable by delivery to Trustee of written declaration of default and demand for sale, and of written notice of default and of election to cause the properly to be sold, which notice Trustee shall cause to be duly tiled for record and the Beneficiary may foreclose this Deed of Trust in the manner provided bylaw. In such event, Beneficiary shall also deposit with Trustee this Deed; the notes and all documents evidencing expenditures secured hereby; 16. After the lapse of such time as may then be required bylaw following the recordation of the notice of default, and notice of sale having been given as then required bylaw, Trustee, without demand on Trustor, shall sell the Property at the time and place fixed by it in the notice of sale, either as a whole or in separate parcels, and in such order as it may determine at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser its Deed conve}ring the Property so sold, but without any covenant or warranty, express or implied. The recitals in the Deed of any matters or facts shall be conclusive -4- 11231-0001\1312363v Ldoc P -213 proof of Ute truthfulness thereof Any person, including Trustor, Trustee or Beneficiary, may purchase at the sale. The Trustee shall apply the proceeds of sale to paytucnt of (1) the expenses of such sale, together with the reasonable expenses of this trust including therein reasonable Trustee's fees or attorneys' fees for conducting the sale, and the actual cost of publishing, recording, mailing and posting notice of the sale; (2) the cost of any search and/or other evidence of title procured in connection with such sale and revenue stamps on Trustee's Deed, if the latter is not paid by buyer, (3) all sums expended uuder the terms hereof, not then repaid, with accrued interest at the rate specified in the notes; (4) all other stuns then secured hereby; and (5) the remainder, if any, to the person or persons legally entitled thereto; 17. Beneficiazy may from time to time substitute a successor or successors to any Trustee named herein or acting hereunder to execute this Trust. Upon such appointment; and without conveyance to the successor trustee, the latter shall be vested with all title, powers, and duties conferred upon any Trustee herein named or acting hereunder. Each such appointment and substitution shall be made by written instrument executed by $eneficiary, containing reference to this Deed and its place of record, which, when duly recorded in the proper office of the county or counties in which the Property is situated, shall be conclusive proof of proper appointment of the successor riustee; 18. The pleading of any statute of limitations as a defense to any and all obligations secured by this Deed is hereby waived to the full extent permissible by law; 19. Upon written request of Beneficiary stating that all obligations secured hereby have been performed, and upon surrender of this Deed of Trust to Trustee for cancellation and retention and upon pa}anent of its fees, Trustee shall reconvey, without warranty, the Property then held hereunder. The recitals in such recom~eyance of any matters or fact shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto"; 20. The trust created hereby is irrevocable by Trustor; 21. This Deed of Trust applies to, inures to the benefit of; and binds all parties hereto, their heirs, legatees, devisees, administrators; executors, successors, and assigts. The term '`Beneficiary" shall include not only the original Beneficiary hereunder but also any future Developer and holder including pledges, of the notes secured hereby. In this Deed; whenever the context so requires, the masculine gender includes the feminine, and the singular number includes the plural; 22. Trustee accepts this Trust when this Deed of Trust, duly executed and acknowledged, is made public record as provided bylaw. Except as otherwise provided by law the Trustee is not obligated to notify any party hereto of pending sale under this Deed of Trust or of any action of proceeding in which Trustor, Beneficiary, or Trustee shall be a party unless brought by Trustee; 23. The Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to it at the address provided in the Purchase Agreement, or to such other address as Trustor may provide in writing to Trustee from time to time. -5- 1 I?31-0001A1312363v1 _Aoc P -214 24. All principal and accrued interest under the Promissory Note shall, at the election of Beneficiary (in its sole and absolute discretion) given by written notice to Beneficiary, become due and payable immediately if the Property, or any portion thereof or interest therein, is sold or conveyed in violation of the CC&R's or is further encumbered without the prior written approval of Beneficiary. 25. This Deed of Trust is also intended Co be and shall constitute both a Security Agreement and a "fixture tiling" as defined in the California Commercial Code, the Trustor being the Debtor and the Beneficiary being the Secured Party. Trustor hereby grants Beneficiary a security interest in all fixtures, and in all goods which are or are to become fixtures on the land, for the purpose of securing all indebtedness and other obligations of Trustor now or hereafter secw'ed by this Deed of Trust. The products of such collateral are also covered hereby. This Deed of Trust, as a fixhne filing, is to be recorded in the real estate records covering the real property covered hereby. Trustor authorizes Beneficiary to execute, deliver, file and record (as necessary) financing and continuation statements covering suds property from time to time in such form as Beneficiary may require to perfect and continue the perfection of Beneficiary's security interest with respect to such property, and to reimburse Beneficiary for any costs incun•ed in filing such tnancing statements and any continuation statements. Trustor shall not create or allow the creation of any other security interest in such property. Upon the oceun-ence of any default by Trustor hereunder, Beneficiary shall have the rights and remedies of a secured party under the California Commercial Code, as well as all other rights and remedies available at law or in equity or as provided herein. all at Beneficiary's option. Trustor and Beneficiary agree that the filing of a financing statement in the records normally having to do with personal property shall never be construed as in any way derogating from or impairing this declaration and the hereby stated intention of the parties hereto that everything used in cotmection with the operation or occupancy of such property or the production of income therefrom is and, at all times and for all purposes and in all proceedings, both legal and equitable, shall be regarded as real property encumbered by this Deed of Trust and fixture filing, irrespective of whether (a) any such item is physically attached to the buildings and improvements. (b) serial numbers are used for the better identification of certain equipment, or (c) any such item is refen-ed to or reflected in any such financing statement so filed aC any time. Such mention in the financing statement is declared to be for the prrotection of the Beneficiary in the event any court or judge shall at any time hold that notice of Beneficiary's priority of interest must be filed in the Unifornr Commercial Code records to be effective against a particular class of persons, including, but not limited to, the federal government and any subdivisions or entities of the federal government. 26. All of the obligations hereunder are nonreeourse to the Trustor; recourse for the obligations hereunder is limited to the Property. However, the foregoing shall not limit rights to equitable relief, including injunctions. 1N WITNESS WHEREOF the Trustor has executed this Deed of Trust as of the day and year set forth above. -6- 11231-0001:1312363v LAoc P -215 TRUSTOR: HOUSE OF RUTH, a California nonprofit public benefit corporation Bv: Print Name: Title: -7- 11231-000111312363 v Ltloc P -216 State of California County of On ACKNOV~'LEDGEMENT before me, (insal name and title of die o(licu') Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County of On ACKNOVI'LEDGEiVIENT before me, (Seal) - (insea~t nnmc mid titc of the nl Ccer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY wider the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) -s- 1 1 2 3 1-1100 1 A L312363v Ldoc P -217 EXHIBIT "A" LEGAL DESCRIPTTON OF CONDOMINIUM PARCEL 1: AN UNDIVIDED 1/I S FEET INTEREST AS A TENANT IN COMMON IN LOT 4 OF TRACT NO. 13353, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203, PAGES ~7 THROUGH ~9, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, (THE "COMMON AREA"). EXCEPTING AND RESERVING THEREFROM UNITS 47 THROUGH 64, INCLUSIVE, LOCATED THEREON. ALSO EXCEPTING AND RESERVING THEREFROM, NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES, ALL AS DESCRIBED iN THE DECLARATION REFERRED TO BELOW. ALSO EXCEPTING THEREFROM ALL GAS, OIL AND HYDROCARBON SUBSTANCES NOW OR HEREAFTER IN, ON OR UNDER THE HEREIN DESCRIBED PROPERTY, OR WHICH MAY BE DEVELOPED OR EXTRACTED THEREIN OR THEREFROM AS RESERVED IN THE DEED RECORDED JUNE 28, 1946 IN BOOK 1882, PAGE 215, OFFICIAL RECORDS. PARCEL 2: UNIT 60 CONSISTING OF CERTAIN AIR SPACE AND ELEMENTS, A$ SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN ("PLAN") FOR BEACON POINTE AT ALTA LOMA, WHICH PLAN AS RECORDED ON NOVEMBER 29, 1988 AS INSTRUMENT NO. 88-399714, OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. EXCEPTING AND RESERVING THEREFROM, NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE; REPAIR, DRAINAGE, SUPPORT, AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION REFERRED TO BELOW: PARCEL 3: NON EXCLUSPJE EASEMENTS APPURTENANT TO PARCELS 1 AND 2 FOR ACCESS, WGRESS, EGRESS, ENCROACHMENT MAINTENANCE, REPAIR, DRAINAGE, SUPPORT, AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OF BEACON POINTS AT ALTA LOMA ("DECLARATION"), RECORDED MARCH 7, 1985 AS INSTRUMENT NO. 88-069175, OFFICIAL RECORDS, AND MODIFIED AUGUST 1, ]988 AS INSTRUMENT NO. 88- 262360, OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 11231-0001113123fi3vl.dac P -278 PARCEL 4: AS EXCLUSIVE USE AREA APPURTENANT TO PARCELS 1 AND 2 ABOVE, .FOR ALL USES AND PURPOSES OF A YARD AREA OVER AND ACROSS THAT PORTION OF LOT 4 OF SAID TRACT 13353 DEFINED AND DELINEATED AS THE "EXCLUSIVE USE COM~90N AREA" BEARING THE SAME NUMBER 11231-000 P~] 3123(3vLdoc P -219 RECORDING REQUESTED BY, AND \VHEN RC-CORDED MAIL TO (utd mail any tax statements to): House of Ruth PO Box 459 Claremont, CA 9171 I Attn: Suzanne Aebischer SPACC Exempt from recording fees pursuant to G.C.~s'6103 GRANT DEED THE UNDERSIGNED GRANTOR DECLARES THAT: Documentary Transfer Taxis 50.00 (transfer for no consideration; grant of purchase price by a city grantor under a federal program). FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF RANCHO CUCAMONGA, a municipal corporation (``Grantor'') hereby grants to HOUSE OF RUTH, a California nonprofit public benefit coteoration ("Grantee"), the condominium located in the City of Rancho Cucamonga; County of San Bernardino, State of California, described on "Exhibit A" attached hereto and incorporated herein by reference, together with all improvements and fixtures thereon, subject to all matters of record and all matters that would be disclosed by an inspection, including all matters that would be disclosed by a con-ect ALTA survey of such property. IN WITNESS WNEREOF, Grantor has executed this Grant Deed as ofUre date set forth below. Dated: , 2011 CITY OF RANCHO CUCAII~IONGA Print EXHIBIT G -1- P -220 ACKNOWLEDGEMENT State of California County of On , before me, > jinscrl namc and ii0c otlhc otYca) Notary Public, personally appeared who pro~~ed to me on the basis of satisfactory evidence to be the persons} whose name(s) is/are subscribed to the within instrument and acknowledged to we that helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myhand and official seal. (Seal) -2- 11231-0OOIAI312381v Ldoc P -221 EXHBIT[ "A" DESCRIPTION OF CONDOMINIUM PARCELI AN UNDIVIDED 1/18 FEET INTEREST AS A TENANT IN COMMON IN LOT 4 OF TRACT NO. 13353, IN TFIE C[TY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDiNO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 203, PAGES >7 THROUGH 59, INCLLSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, (THE "COMMON AREA"). EXCEPTING AND RESERVING THEREFROM UNITS 47 THROUGH 64, INCLUSIVE, LOCATED THEREON. ALSO EXCEPTING AND RESERVING THEREFROM, NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION REFERRED TO BELOW. ALSO EXCEPTING THEREFROM ALL GAS, OIL AND HYDROCARBON SUBSTANCES NOW OR HEREAFTER IN, ON OR UNDER THE HEREIN DESCRIBED PROPERTY, OR WHICH MAY BE DEVELOPED OR EXTRACTED THEREIN OR THEREFROM AS RESERVED IN THE DEED RECORDED JUNE 28, 1946 IN BOOK 1852, PAGE 215, OFFICIAL RECORDS. PARCEL 2: UNIT 60 CONSISTING OF CERTAIN AIR SPACE AND ELEMENTS. AS SHOWN AND DESCRIBED IN THE CONDOMINIUM PLAN ("PLAN") FOR BEACON POINTE AT ALTA LOMA, WHICH PLAN AS RECORDED ON NOVEMBER 29, 1988 AS INSTRUMENT NO. 88-3997]4, OF OFFICIAL RECORDS OF SAN BERNARDINO COUNTY; CALIFORNIA. EXCEPTING AND RESERVING THEREFROM, NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS; EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR, DRAINAGE, SUPPORT, AND POR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION REFERRED TO BELOW; PARCEL 3: NON EXCLUSIVE EASEMENTS APPURTENANT TO PARCELS 1 AND 2 FUR ACCESS, INGRESS, EGRESS, ENCROACHMENT MAINTENANCE, REPAIR, DRAINAGE, SUPPORT, AND FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP OF BEACON POINTS AT ALTA LOMA ("DECLARATION"), RECORDED MARCH 7, 1988 AS INSTRUMENT NO. 88-069175, OFFICIAL RECORDS, AND MODIFIED AUGUST 1, 1988 AS INSTRUMENT NO. 88- 262360. OFFICIAL RECORDS OF SAN BERNARDINO COUNTY, CALIFORNIA. 1 123 1-000 1\I3123S I vl.doc P -222 PARCEL 4: AS EXCLUSIVE USE AREA APPURTENANT TO PARCELS I AND 2 ABOVE, FOR ALL USES AND PURPOSES OF A YARD AREA OVER AND ACROSS THAT PORTION OF LOT 4 OF SAID TRACT 13353 DEFINED AND DELINEATED AS THE "EXCLUSIVE USE COMMON AREA" BEARING THE SAME NUMBER I Ill-0WIA131238 h~1.d~ ~;~-y RICHARDS ~ WATSON (GERSHON ~~~~~ ATTORNEYS AT LAW -A PROFESSIONAL CORPORATION 355 South Grand Avenue, 40th Floor. Los Angeles, California 90071-3101 Telephone 213.626.8484 Facsimile 213.626.0078 ridiard richords 11916-1988) glenn r. wafson jretired) harry 1. ershon p922-20021 steven f. dorsey wlltivm I. shvusz milchell e. Abbott gregory w. slepanicich rochelle Browne quinn m. barrow carol w. lynch gregory m. Y.unert thomas m.pmbo roborl c. ceccon steven h. koulmann kevrn gg. ennis robin d. hams michvel esfradv lavrence s. wiener steven r. on b. Tilden kim saskiv 1. osamurv kavsero same peldnn, fhormn jame> 1, markman crorp a. Steele t. peter pierce lerence r. bogs lisv bond Janet e. coleson roxanne m. Ulaz jim g. grvyson ray a. darke wllllom p. cVlley Ili mi<hoel 1, yoshibv regina n. Banner pcVlo gNlenez bveza brace w, galloway tliana k. Chuang pWilck k. babko nonnan v. duponl dovid m. snow Ioliy a. enriquez kirslen r. bowanan blEy d. dunsmore amy greyzon deborah r. nakman d, crcig fox salon e. rusnak g. finder khalsa gineBV I. giavinco [nshv orris Candice k. lee daviU g. oldcrson madcela e. man oquin gena m. sfinnelt fennfei petrusis steven I: (lower Christopher j. Bias debbie y. cno erin I. powers loussalnf s. bailey whiney g.. mcdonvld lento r. young veronica s. guntlerson shui khma diana h. varat kairina c. ganzales chdssopher I. hendricks of counsel mo!k I. tamken Sayre weaver jim r. karpiak leresa howano San Francisco oftl<e telephono 4I $,421 .Bd84 orange count o(flce telephone 714.90.0901 SELLER'S ESCROW INSTRUCTIONS ,2011 VIA PDF AND FED EX Chicago Title Insurance Company c/o Chicago Title Escrow Services 1872 E. Gale Avenue, Suite 225 City of Industry, CA 91748 Attn: ,Escrow Officer Re• Escrow No : Order No. Ladies and Gentlemen: This letter constitutes the escrow instructions of the CITY OF RANCHO CUC.4MONGA ("Seller') in connection with the sale by Seller to HOUSE OF RUTH, a California nonprofit public benefit corporation ("Buyer') of the land described in your title report dated issued under Order No. and improvements thereon (collectively, the "Property") for $199,500 (the "Purchase Price'), and the delivery by Buyer to Seller of a $199,500 purchase money promissory note (evidencing a "conditional grant'). You have previously received a copy of an executed Purchase and Sale Agreement dated as of , 2011 (the "Purchase Agreement") between Buyer and Seller. DOCUMENTS. The following executed documents (or counterpafts thereat) are enclosed or will be delivered to you: (i) a Grant Deed executed by the Seller (the "Deed"); (ii) a deed of trust, assignment of leases, security agreement and fixture filing, executed by Buyer and acknowledged (the '`Buyer Deed of Trust''): and (iii) Conditions, Covenants and Restrictions executed by Buyer and Seller and acknowledged (the "CC&R's"). P -223 EXHIBIT H RICHARDS~WATSON~GERSHON ATTORNEYS AT UW -A PROFESSIONAL CORPORATION Chicago Title Insurance Company 2011 Page 2 BUYER. 2.1 Buyer shall wire transfer to Escrow No. ("Bayer Funds'') any funds required of Buyer pursuant to the Settlement Statement described in Section 4.4 below (if any, the "Buyer Cost Deposit"). 3. CLOSING INSTRUCTIONS. Provided that all of the conditions set forth in Section 4 (below) have been satisfied, you shall: 3.1 Date any undated documents as of the date of the recording/closing. Collate the signature pages and acknowledgments from counterpart originals of any documents delivered by, or on behalf of, the Buyer and Seller. 3.2 Record the Deed; then the CC&R's, and then the Deed of Trust in the Offcial Records of San Bernardino County. 3.3 Disburse the Buyer Cost Deposit in accordance with the Settlement Statement described in Section 4.3 below. 3.4 Deliver copies of the Promissory Note, lleed of Trust and CC&R's to the Buyer pursuant to the Buyer's instructions to you, and to the Seller c/o Tom Gratin at City of Rancho Cucatonga, 10500 Civic Center Drive, Rancho Cucamonga, CA 91729-0807. 4. CONDITIONS PRECEDENT TO CLOSING. You are hereby authorized to record when and only when: 4.1 Yeu have in your possession the docwnents described in Section ] (or counterparts thereof), fully executed and, for all documents that are to be recorded, duly acknowledged and otherwise in recordable form. 42 You have received the Purchase Piice Balance and the Buyer Cost Deposit; 4.3 You have received a settlement statement prepared by you and executed (or initialed) by Buyer and Seller providing for the application of funds received by you and payment of fees and premiutns charged and expenses incurred by you (the "Settlement Statement"). 4.4 You are it-revocably committed to issue to the Seller an ALTA lender to the policy in the amount of 5209,500 in the form (and with the P -224 11231-0001\i 31?576vl.dcx; RICHARDS~WATSON~GERSNON ATTORNEYS AT LAW -A PROEESSIONAt CORPORATION Chicago Title Insurance Company ,2011 Page 3 endorsements) attached hereto as Exhibit A (the "Seller's Title Policy"). 4.5 1'OU HAVE TELEPHONED AND RECEIVED ORAL CONFIRMATION FROM THE UNDERSIGNED (AT 213/253-0249) THAT ALL OTHER CONDITIONS TO CLOSING REQUIRED BY THE SELLER TO BE FULFILLED OUTSIDE OF ESCROW HAVE BEEN FULFILLED TO THE SATISFACTION OF THE SELLER. 5. OTHER MATTERS. 5.1 You shall notify the undersigned when you have received confirnation that the recorded documents have been recorded in the Official Records. 5? Within five (5) business days after the close of escrow, delivery the orginal and one copy of the Seller s Title Policy to the Seller (c/o Tom Grahn) and one copy to the undersigned. 5.3 Pa}nnent of all title insurance premiums, escrow fees, recording fees, taxes and any other fees, costs and expenses are to be paid by in accordance with the Settlement Statement. 5.4 If you cannot comply with all ofthe-foregoing by 3:00 p.m. on 201 1, you are not authorized to record or delider any documents or disburse or disburse or apply any funds; in such event, you shall call the undersigned without delay. 5.5 Thesc instructions may be changed or revoked at airy time by oral instructions from the undersigned, to be followed by written confirmation. P =225 11231-OOOIU31257Gv Ldoc RICHARDS~WATSON~GERSHON ATTORNEYS AT lAW -A PROFESSIONAL CORPORATION Chicago Title Insurance Company 2011 Page 4 5.6 Your recordation of any of any document, delivery of any document, or disbursement of application of any funds shall be deemed acceptance of these instructions by you u~d your irrevocable agreement to comply therewith; however, we request that you sign and return (via facsimile) a copy of this letter indicating its acceptance of and agreement to comply with all of the instructions set forth in this letter. Very truly yours, Bruce Galloway of Richards, Watson & Gershon Counsel to Seller cc_ Mr. Tom Grahn (by email/PDF) (by email/PDF) P -226 11231-0001\131?57Gv Ldoc RICHARDS~WATSON~GERSHON ATTORNEYS At LAW - A PROFESSIONAL CORPORATION Chicago Title htsurance Company .~Oll Page 5 ACKNOWLEDGMENT AND AGREEMENT The undersigned acknowledges and agrees that (1) the persons executing this Acknowledgment and Agreement on behalf of Chicago Title insurance Company as escrow agent and title insurer are duly authorized to do so; and (2) Chicago Title Insurance Company will act in accordance with the foregoing escrow instructions. CHICAGO TITLE INSURANCE COMPANY Bv: Escrow Officer By: Dated: . X011 Title Officer P -227 i 1231-0OOIV372576v Ldnc P -228 EXAIBIT "A" PRO FORMA LENDER'S TITLE POLICY QNSURING SELLER DEED OF TRUST) (Attached.) 11231-0001AI312576v1.duc P -229 STAFF REPORT ~~-'-'~` EN GRvEERING SERVICEti DEP~RTI~IEI~~I' .. Date: February 2, 2011 (;u~CAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Willie Valbuena, Assistant Engineer Subject: APPROVAL OF A REIMBURSEMENT AGREEMENT (URA-28) FOR UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES FOR PARCEL MAP 17594, LOCATED ON THE EAST SIDE OF ROCHESTER AVENUE, SOUTH AND NORTH OF FOOTHILL BOULEVARD, SUBMITTED BY F 8~ F, LLC AND APPROPRIATE $ 52,420.00 TO ACCOUNT NO. 1129303-565011026129-0 FROM UNDERGROUND UTILITIES FUND BALANCE RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Reimbursement Agreement for undergrounding of existing overhead utilities, located on the east side of Rochester Avenue, south and north of Foothill Boulevard and authorizing the Mayor and the City Clerk to sign said agreement and to cause same to record. BACKGROUND/ANALYSIS The Developer, F & F, LLC, has completed the undergrounding of the existing overhead utilities fronting his project, Parcel Map 17594, as required by the project conditions of approval. He is now requesting a reimbursement agreement to recover a pro rata share of the undergrounding costs from the adjacent properties directly benefiting from the undergrounding, which is consistent with City policy. Staff has reviewed and concurs with the undergrounding cost data supplied by the Developer and the distribution costs to the benefit parcels as contained in the reimbursement agreement. Copies of the agreement signed by the Developer are available in the City Clerk's office. Two of the parcels, Parcel Map Numbers 13845 and 14022, as shown in the Reimbursement Agreement exhibits, are across the street from the developer. These parcels have previously contributed fees to the City in-lieu of undergrounding the overhead utilities specifically performed by this Developer. These particular pre-paid fees will now reimburse the Developer. Therefore, Staff recommends the approval of said pre-paid fee amounts and appropriation of $52,420.00 to Account No. 1129303-565011026129-0 from Underground Utilities Fund Balance Respectfully submitted, a ~k.B..St r Director of Engineering Services/City Engineer MASNVAV:rIf ~i ~~~~~ P -230 i EXISTING OVERHEAD UTILITY LINES THAT WERE UNDERGROUNDED i i I l . .. J , ~ e F m ( .. 4 TMB , 9!!e sea , ~ ~ ~~a yn ~ ~ uar ~u , , ,m ~ ~ ~m + ~ ~r T . yr • v, +. V ws a Y ,~.ruw ~ NO. T a8/qs Y Aw> k, a.s ~{ ~~ maa _ ~ ... . ~..r r y15/ L +4y. dd~A ~~a ~ rw~v. s'~M wd ~Vf'~gi~r w.. , ITEM: ~ URA-28 ROCHESTER AVENUE TITLE: MAP OF UNDERGROUNDING LO P -231 RESOLUTION NO. /f-O/S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT FOR THE UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES, LOCATED ON THE EAST SIDE OF ROCHESTER AVENUE, SOUTH AND NORTH OF FOOTHILL BOULEVARD WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Reimbursement Agreement (URA-28) submitted by F & F, LLC, as developer for Parcel Map 17594, for the undergrounding of the existing overhead utilities on the east side of Rochester Avenue, south and north of Foothill Boulevard; and WHEREAS, the Developer, at the Developer's expense, has completed said utility undergrounding; and WHEREAS, the owners of the adjoining properties have shared in the expense of the utility undergrounding by previously paying in-lieu fees as stipulated in said Reimbursement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that said Reimbursement Agreement be and the same is hereby approved and the appropriation of 5 52,420.00 to Account No. 1129303-5650/1026129-0 from Underground Utilities Fund Balance here by approved and the Mayor is hereby authorized to sign said Reimbursement Agreement on behalf of the City of Rancho Cucamonga and the City Clerk to attest hereto and cause said agreement to record. STAFF REPORT I:,NGIIV F.F_RING SP.RVICFS DFP.~KT;vILNT Date: February 2, 2011 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineeri Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Shelley Hayes, Assistant Engineer t P -232 ~~ r ,,_,, ~, ~ r RANCHO G`UCAMONGA Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 12063534, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF S392,772.80, FOR THE ETIWANDA AVENUE AND ROCHESTER AVENUE PAVEMENT REHABILITATION FROM ARROW ROUTE TO FOOTHILL BOULEVARD, CONTRACT NO. 09-028 RECOMMENDATION It is recommended that the City Council authorize the City Clerk to release the Faithful Performance Bdhd No. 12063534, retained in lieu of Maintenance Guarantee Bond in the amount of $392,772.80, for the Etiwanda Avenue and Rochester Avenue Pavement Rehabilitation from Arrow Route to Foothill Boulevard. Contract No. 09-028. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Imperial Paving Company 10715 Bloomfield Avenue Santa Fe Springs, CA 90670 Respectfully submitted, '~ Mark A. Steuer Director of Engineering ServiceslCity Engineer MAS/JAD/SH:Is P -233 w ~\ ~I ....r url~~:P.~311~rlll,lk., .....mil ".. ,~I~rl,rr,lll~nlnll +E n~. mnuu uu~~iw uliii i~~ ~ ? o ilr rrr Simnel„lur, .~ ~_~~~_/~' }~ ~ !nr'nili iiiili I nil~tl~ ur ~ -~IJY ~In~ . III 'r"= iiilll 4 ~ ~ ~ult~ ~~ 5 i O .~ N I ~titi ~~ } ~x. ~sr3 ~~~~ m ~~I ~nr ~~~ ~ of d ~ _I di ~ p e. ~`..ai __ ~. -- -- r, j~ \` y~.y~ -.~k-..I ~fi ~'~ W Y'.3b x._a ~. ~ .~ ...nlo ~o ,.r i i ~ ~ ~` ~, 1 d I FF t••t ... _ ~~ 3.Y ~ y,r n mn ,E,( e~ ~ ~ ~ ~a 6~ o r ~ " tl ... 1 I ~ .. _ vui_m .. 5" 3 ~~ ,xv rsvnu~x 'xr v Ind ~ ~g ~ x~rxnnve ~ t ~ ~`U ~, ~.I n. ~ ~,,v~ o, o~ a+r mvewsw 1 3+v Y14H1311 ~ P~ ~ ~[I F vxr In~~ o+r wrrcru = a ~ Nr~MYID e ~ , o. ~~ -1t xY Mr n aer43 -~ N - Sf ry 4 'xr MRYMYJ Y.Y IIY.'3MW: ~ .. •• 6 ~ i ~ ~ y 3.r e~r. o r~~, ~ Q ]YMCGK .i ~~ `Y fi Y ~ + 3: ~~ z F ~~ z ti O d ri J U a E-+ yr~ a a c :~ °~ //~~ ~ i---0 Q O W ,y :"' H ~~ w '~ U O ~i ~~~'`~ IH -z H STAFF REPORT ENGINEERING SERVICES DEP:\RT~1EN7' Date: February 2, 2011 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Senior Civil Engineer Shelley Hayes, Assistant Enginee~LF P -234 1 ~-~ '; ~r RANCHO ~,,UCAMCNGA Subject: RELEASE OF FAITHFUL PERFORMANCE BOND NO. 82165735, RETAINED IN LIEU OF MAINTENANCE GUARANTEE BOND IN THE AMOUNT OF $856,375.00, FOR THE FOOTHILL BOULEVARD TRAFFIC SIGNAL CONTROLLER REPLACEMENT PROJECT. CONTRACT NO. 09-139 RECOMMENDATION It is recommended that the Ciry Council authorize the City Clerk to release the Faithful Performance Bond No. 82165735, retained in lieu of Maintenance Guarantee Bond in the amount of $856,375.00, for the Foothill Boulevard Traffic Signal Controller Replacement Project, Contract No. 09-139. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the improvements remain free from defects in materials and workmanship. Contractor: Republic ITS 371 Bel Marin Keys Blvd., #200 Novato, CA 94949 Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAD/SH:Is P -235 C{TY OF RANCHO CUCAN~ONGA FOOTHILL BOULEVARD TRAFFIC CABINET P.EPLACEMENT ~ F ROM SAN BERNARDINO ROAD TO ETIWANDA AVENUE I Y C!.= ~~.~r~a rv Fvrr~o I`J i )" I~ O ~ . VICINITY M.4P N.T.S. ~ ~ ~ ~~ AJr ~ rCrC,~~lrf(: rdG~,4 ~ ~ ' t I ~ ,.~ I FO.>\ ~ I~i~~ ~- ,~ ~ BB"'r~ l ~ i ' - -- F ~ n - ' V , ~, , i ,~ . ~ ~ . ~ i ~ ~ ~I I et~rv~ COU Wk4 STAFF REPORT ENGINEERING SERVICES DEP~IRTMENT Date: February 2, 2011 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Mark A. Steuer, Director of Engine ~ing Services/City Engineer By: Jon A. Gillespie, Traffic Engineer _~C~I,~~~ P -236 ~~~ J RANCHO CUCAMONGA Subject: APPROVAL OF A "PERMIT PARKING DISTRICT" FOR THE RESIDENTIAL AREA IDENTIFIED AS "APPLE LANE, BEECHWOOD DRIVE, VALINDA AVENUE, DATE AVENUE, AND BONITA AVENUE" GENERALLY LOCATED NORTH OF WILSON AVENUE AND EAST OF HAVEN AVENUE RECOMMENDATION It is recommended that City Council adopt the attached resolution approving a Permit Parking District for the area shown in Exhibit "A", and authorize the Mayor and the City Clerk to sign said resolution. BACKGROUNDlANALYSIS On January 19~', 2011 the residents of Apple Lane, Beechwood Drive, Valinda Avenue, Date Avenue, and Bonita Avenue, submitted a petition to the City requesting the formation of a Permit Parking District. The Permit Parking District will consist of fifty-two (52) homes. Thirty-nine (39) of the fifty-two (52) homes have signed the petifion requesting permit parking. (See Exhibit "A") The thirteen (13) residents that did not sign the petition could not be contacted. There were no residents that were opposed to the creation of a permit parking district. The residents of the proposed parking district have requested that the hours that the permit parking regulations will be in effect are 8:00 AM to 8:00 PM on Monday through Friday, except for holidays. Any vehicle parked within this Permit Parking District without a permit is subject to being cited, unless it is an exempt vehicle as defined by the ordinance. An example of an exempt vehicle would be a vehicle belonging fo a landscaping maintenance contractor in the process of doing his work, or a delivery truck making a delivery. The City's Municipal Code, Chapter 10.50, outlines the procedures for establishing a Permit Parking District. The code also provides for the City Engineer to create forms, rules and procedures necessary to manage a Permit Parking Program for a specific district. A copy of the forms, rules and procedures, including process and cost to obtain permits, has been reviewed with the residents. The forms, rules and procedures are attached to the Resolution establishing the Permit Parking District, and are entitled, "Engineer's Recommendation and Report". P -237 CITY COUNCIL STAFF REPORT Re: Permit Parking District February 2, 2011 Page 2 The attached resolution has been reviewed as to form by the City Attorney, and is acceptable for approval. Respectfully submitted, '~-----. Mark A. Steuer Director of Engineering Services/City Engineer MAS/JAG:Is c: Vicinity Map Resoiuticn Engineer's Recommendation and Report i ~~~ 1 I `1 r ": i I I I __ i /r ~ Y ~I 1 ~ I II ~..~... - ' I !J ,~ /, pp C, , I i i -. ..~' ~ , VV JY6 I ~. 104 8j I 6416 5522 23 074~1075,~1D7 810 O6 084 ;5425 5488 15499 ~~ ~ 5493 5470 ~~ 8 I 5436 ~------'--------~--- I _ ~--'---~_.%, 104 Sj 5523 5508 ~~ 10~41 ~~--~-~~--'-.____ _-_"~ i 5501~j j 5463 5530 1 787 080 108 3 1065 108 710 110 451 961'097 10993 5507] 7 ~; I 5537 5526 I 109 9 I I i 5530 ~ ~ ~ I 5481 5546 Y 1 02 j 5529 ~ I ! __, __,__ I 5553 074~5552I 1; 1 616 083,108~i410 76 097 109 8 1Q976~099 ~_-.._i_-------- 0565 ....__ ~_ b 5540 155391 I D51 1054 058 ;'~'~~~~ 553 ~'~~ I 554 ! 051 0566 058 III/ '556 i 1054 _ ~I 5555 ~~557 ~ -_~_- X0567 _-~ 5577 1105710549 O58 ,. ~i5siii i ~ >,~«e ~~y~ ~~ ssls -~ 1 10894 10 58 i 107 072 107 1 10 37 i ~ 5552 15553ij 1 761 076 108 3 ~ 1 ~ 910 871 915 093 109 5 099 j i 1D 19 ', 10 75 5568 i 5569; ~ / /1 i '. /, ~ //4 „A ~ 1°~ ~~ ~ o o ~~ ~~ 0°~i/~, , I / O i ~ti ~p ~ / ~ i / A%,~ I S$'~ i ~^ ~ / ode / ~~~~~~~ X ~ 5564 i 5 - =.. _~ ~~ I [/~ ~ ~ ~ . / ~ ~ 5610 15611 10 55 1~••:, 11054q ,•••,•,~0594I,uo I~1054~10661~ i~ ~072b p0782 1082 I108~2 1090 I~v~~ I e ! A _.,. Chaffey Community College 7 41 Proposed Permit Parking District Boundary i ~ Resident Signed a Petition - ~ ~~1U Requesting a Permit Parking District EXHIBIT 'A' Proposed Permit Parking District for Apple Lane, Beechwood Dr., Date Av., Valinda Av., 102 I I _ - i ssssi -~--, ~~~ I ~ '.~ =,`~~C ---•r D?~ P -239 RESOLUTION NO. ll-OJ~J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A PERMIT PARKING DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 10.50 OF THE RANCHO CUCAMONGA MUNICIPAL CODE A. Recitals. (i) Chapter 10.50 of the Rancho Cucamonga Municipal Code permits the establishment of a Permit Parking District in an area in which commuter vehicles (vehicles operated by persons whose destinations are to nonresidential areas or uses) substantially and regularly interfere with the use of the majority of available parking spaces for the use of residents. (ii) Attached hereto as Exhibit A is an area, commonly referred to as "Apple Lane, Beechwood Drive, Valinda Avenue, Date Avenue, and Bonita Avenue" and hereinafter referred to as "the Parking District" in which commuter vehicles occupied by persons who are in route to Chaffey Ccllege substantially and regularly interfere with the use and availability of parking spaces in the Parking District. (iii) Substantial evidence has been presented to this Council demonstrating that the persons referred to in Recital (ii) above, not only occupy a majority of the parking spaces in the Parking District, but also block access to the District's residences and driveways, generate significant noise, engage in hostile confrontations with those residents, deposit trash and litter within the Parking District, and that these activities occur regularly on Monday through Friday from 8:00 AM to 8:00 PM. (iv) It is the purpose of this Resolution to establish the Parking District as an area within which parking shall be limited on Monday through Friday from 8:00 AM to 8:00 PM, to parking by residents of the Parking District, their guests and those persons exempt from that limitation pursuant to Rancho Cucamonga Municipal Code Section 10.50.100. (v) Pursuant to Rancho Cucamonga Municipal Code Section 10.50.040 the Residents' petition for a Permit Parking District shall be submitted before the City Council with the Engineer's Recommendation and Report which is attached hereto and made a part hereof. (vi) All legal prerequisites to the adoption of this Resolution have been satisfied. B. Resolution. NOW, THEREFORE, it hereby is found, determined and resolved by the Council of the City of Rancho Cucamonga as follows: 1. This Council hereby finds that all of the facts stated in Part A of this Resolution are true and correct. RESOLUTION NO. February 2, 2011 Page 2 2. Based on substantial evidence presented to this Council, the Council further finds and determines as follows: A. Commuter vehicles as defined in subsection 10.50.020A of the Rancho Cucamonca Municipal Code substantially and regularly interfere with the use of the majority of parking spaces for use of residents within the Parking District; B. The interference by commuter vehicles referred to paragraph 2A above occurs at regular and significant daily and weekly intervals; and C. The commuter vehicles referred to in Paragraph 2A above cause and are the source of unreasonable noise, traffic hazards and environmental pollution within the Parking District. D. A petition of the Residents of the proposed Parking Permit District as been received by the Engineer and said petition was confirmed to have more then 75% of the Residents agree with the Parking Permit District. E. No unreasonable displacement of commuter vehicles will result into surrounding residential areas. F. No alternative solution, other than the establishment of the Parking Permit District is feasible or practical. 3. Based on the findings set forth in paragraph 2 above, the Parking District hereby is established as a Permit Parking District pursuant to the provisions of Chapter 10.50 of the Rancho Cucamonga Municipal Code and parking therein is restricted to those residents and their guests possessing permits issued by the City Engineer or his delegate and those exempt pursuant to Rancho Cucamonga Municipal Code Section 10.50.100. 4. The Engineer's Recommendation and Report has been submitted with the petition and the City Council accepts and approves said Recommendation and Report inclusive of Cost of Parking Permits. 5. The City Engineer hereby is instructed to immediately cause appropriate signs to be placed and posted within the Parking District indicating the parking limitations established by this Resolution and to implement and administer the permit process specified in Rancho Cucamonga Municipal Code Sections 10.50.070 and 10.50.080. 6. The City Clerk shall certify to the adoption of this Resolution. P -240 hltr:>v, L. Deh~u MiCr1A7:L • M~}'nr l3nTcrn Sn;vt Sr.~c;l2cw2d'I 1 ~ ~ i z Cnttncii :`L1Pnlftetri `Yiil]-LL%,\7 J. At.FJ:;Wl)F,R, CHt!CK }3liQliET, DLSFF. ~~'tII,LIMtS T ..~ _ t ~ Ciry ,~I zn.aynr JnCr. L.atd, A I Cl ~'' ~ 1THE CITY OP RANCHO CUCAMONGA j~AN(:HC) G'UCAMC}NUA ENGINEER'S RECCIMMENDATION AND REF'QRT February 2, 2011 PARKING PERMIT PROGRAM A Permit Parking Program allows residents of a qualified neighborhood special permits that exempt them and their guests from certain on-street parking restrictions. ELIGIBILITY REQUIREMENTS • A Permit Parking District may be established by resolution of the City Council. o Residents requesting the creation of a Permit Parking District must submit a petition signed by at least seventy-five percent (75%) of the residents or property owners within the boundaries of the proposed district. (One vote per address.) The boundaries of a proposed Permit Parking District shall be reviewed and approved by the City Engineer. An application for a parking permit may be made by any resident living within boundary of an approved district. The applicant must show proof of residence less than 30 days old, and proof of ownership for each vehicle that a parking permit is requested for. RESTRICTIONS A parking permit does not exempt a vehicle from Section 10.44.130, "Storage of Vehicles upon Streets", of the City of Rancho Cucamonga Municipal Code. According to Section 10.44.130, a vehicle may not park in the same parking space on a public street for more than seventy-two (72) consecutive hours. A parking permit does not exempt a vehicle from City Municipal Code Section 1 D.64.030 "Parking Restriction", of the City of Rancho Cucamonga Municipal Code. According to Section 10.34.030, it is unlawful for any person to park or store any house car, trailer, camp trailer, trailer coach, camper, or boat upon any public street or highway or alley within the City for longer than one hour between the hours of 2:00 AM and 6:00 AM on any day. TYPES OF PERMITS AND DISPLAY There are two types of parking permits available. There are permanent stickers for owned vehicles and transferable guest parking permits. The "permanent sticker" parking permit for an owned vehicle shall be permanently affixed to the lower driver side of the inside of the rear window of the assigned vehicle. The transferable guest parking permit shall be hung from the inside rear view mirror. 10i0U Ckfc Ccmcr U:, s P.O. Ruz 30? • Rancho Cucaman~ ,. CA 91'^9 a'rrl 9b? d%'-27p0 a Fliz ?09 477-2ha9 • www.CimofL'Cus P -242 Pnce2 NUMBER OF PERMITS ALLOWED • A maximum of three (3) "permanent sticker" parking permits may be issued to residents of a single dwelling unit. • A resident may request more than three (3) "permanent sticker" parking permits for special circumstances. Special circumstances will be reviewed by the City Engineer. • A resident will be allowed a maximum of five (5) guest parking permits at any time. EXPIRATION • Permanent parking permits for "owned vehicles" are valid for a period of up to three (3) years. • Permanent parking permits for owned vehicles will expire on July 31, 2012, and every three (3) years thereafter. • Guest parking permits are valid for a period of one (1) year. Guest parking permits will expire annually on July 3151. COST OF PARKING PERMITS • Parking permit for owned vehicles • Guest parking permit (5 max) • Replacement ofi lost or stolen permits • Exchange of an old guest permit for a new permit • Parking Permit for a new vehicle • Temporary Guest Parking Permit (valid for one day) $10 for the first vehicle ,plus $2 for each additional vehicle (3 max) when registered all at the same time. $10 each $10 each Free $10 Free The cost of parking permits is based on the cost of materials and staff time to manage the program and for keeping records. Costs are subject to change. GUEST PARKING PERMITS • Each guest parking permit shall be numbered sequentially. The number of the guest parking permit issued to a resident shall be recorded and kept on file. • Guest parking permits are valid for a period of one (1) year. Guest parking permits will expire annually on July 3151 • Expired guest parking permits may be exchanged for current guest parking permits at no cost. • Only a resident of the permit parking district may apply for, return or exchange guest parking permits. TEMPORARY GUEST PARKING PERMIT • A resident may apply for an unlimited number of Temporary Guest Parking Permits. Temporary Guest Parking Permits are valid for one day. 10500 Civic Crnmr Dr. • P.O. Box 807 • Rancho Cucamonga, CA 91729 •'1'cl 909 47i-2700 • f'ax 909 477-2849 • aww.CiryofltC.us P -243 P.5G1; 3 • Only a resident of the permit parking district may apply for Temporary Guest Parking Permits. SPECIAL EVENTS If a resident desires more than five (5) guest parking permits for a special event, the resident may apply for a special event permit that will temporarily suspend the need for visitors to display a parking permit. Staff may require that the resident fulfill special conditions, such as notifying neighbors of the special event, and bagging the permit parking district regulation signs. TO OBTAIN A PARKING PERMIT You may obtain a parking permit in person Monday through Thursday, 7:00 AM to 6:00 PM at City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 or by mailing a copy of your information to: City of Rancho Cucamonga Attention: Parking Permit Coordinator P. O. Box 807 Rancho Cucamonga, CA 91730 Residents must provide proof of residency less than 30 days old in one of the following forms: Current utility bill, blank statement, credit card bill, or other bill statement that was sent through the mail on a monthly billing cycle Rental/lease agreement signed within the last 30 days Proof of property ownership, tax bill or new escrow papers Residents must also provide a copy of the following: Valid Driver's license. • Copy of the vehicle registration (Note: the resident must be the registered owner). Company cars not registered to you require a letter from the registered owner authorizing you to use the vehicle and referencing the vehicle's license plate number. • Vehicles registered to family members other than the home owner need a letter from the homeowner identifying them as a family member. FINE FOR PARKING VIOLATIONS Fine per violation $50 (Fines are subject to change) 1 Oj00 Civic Ccnrer Dr. • P.O. F3nx 807 • Rancho Cucamunga, C 1 9172) •'rcl 9D9 477-2700 • 1^az 909 477-2849 • anaw.CityofRC.us P -244 P:~cri 4 ENFORCEMENT OF PERMIT PARKING DISTRICTS To request enforcement of permit parking signs, residents should call the City's Police Department at (909) 477-2800. For additional information about the City's Permit Parking Program, please call the City's Engineering Services Department at (909) 477-2740. 10500 Civic Cenrcr llr. • P.U. Hux 807 • Rancho Cucamonga, CA 97739 • TcI 909 47 %-3700 • Faz 909 3 i?-3A49 • wuw.CityoERGu: P -245 ..~~ ,' ~ 3 STAFF REPORT ' '~~~: REDHVELOPMENT AGENCY ~ ~~~ RANGHG Date: February 2, 2011 C,UCAMGNGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Linda D. Daniels, Deputy City Manager Subject: ADOPT A RESOLUTION OPPOSING GOVERNOR BROWN'S BUDGET PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES. RECOMMENDATION Adopt a resolution opposing Governor Brown's budget proposal to abolish redevelopment agencies. BACKGROUND Since 1981, the Rancho Cucamonga Redevelopment Agency has assisted in the elimination of blighted conditions resulting in the development of new public facilities and workforce housing projects, improved infrastructure, and in the creation of a strong local economy through business attraction and retention, workforce development, and tourism efforts. The Agency has helped create a business environment that has attracted private investment; established a robust business community and created tens of thousands of local employment opportunities. As a recently advanced 2011-12 budget proposal, the Governor has proposed permanently shutting down local redevelopment agencies. The elimination of redevelopment agencies will bring little financial benefit to the State, but will permanently destroy hundreds of thousands of jobs, billions in local economic activity and do away with a key local tool to meet the State's infill land-use objectives. Additionally, in November, more than 5.7 million voters, a resounding 60.7%, voted to pass Proposition 22 to stop the State from taking, borrowing or redirecting local government funds -including local redevelopment. Here is a breakdown of the impacts the Governor's proposal will have on redevelopment: The State Department of Finance has also acknowledged that there would be "zero" State savings in out years as a resulf of shutting down redevelopment. And, redevelopment agencies have more than $20 billion in bond and other contractual obligations that legally must be repaid before revenues are available for any other purpose. Eliminating redevelopment will cause serious and permanent economic damage at the local level. Redevelopment activities support 304,000 jobs annually, including 170,600 construction jobs; contribute over $40 billion annually to California's economy in the generation of goods and services; and generate more than $2 billion in state and local taxes in a typical year. The proposal to eliminate redevelopment agencies will also wipe out a vital tool used to meet infill land-use objectives and to construct affordable housing. Eliminating redevelopment will take away one of the few tools local governments have to comply with State requirements to plan for more compact urban development supported by P -246 S'rriFF R~roa~r - Orrosr PROPOS:\L To rvsgr_tsn ru;vev~r.oeMr:~~T ~cr;NCtes P,~cr~ 2 transit-oriented development, housing, jobs and infrastructure. Redevelopment agencies have the experience and tools needed to help implement the requirements of AB 32 and SB 375. Redevelopment is the second largest (under of affordable housing after the Federal Government. Over 98,000 units of affordable housing have been constructed or rehabilitated in the State since 1993, and more than 2,000 units have been created in the City of Rancho Cucamonga since 1981. Twenty percent of property taxes generated from redevelopment activities are required to be spent on affordable housing. • Shutting down redevelopment agencies is also a clear violation of multiple State constitutional provisions, including Article XVI, section 18 which requires tax increment to be paid to redevelopment agencies to repay the public cost of redevelopment projects and Article XIII, section 25.5 (Proposition 22 -passed just last November) which explicitly prohibits the State from taking tax increment from redevelopment agencies. • Eliminating redevelopment could violate the U.S. and California constitutions which prohibit impairment of contracts. Redevelopment agencies have more than $20 billion in contractual bond obligations, and have entered into tens of thousands of contracts with banks, .developers and bond houses. The Legislature cannot constitutionally abrogate those contracts or unilaterally substitute a new party to replace the redevelopment agency without the consent of the other parties to the contract. Jeopardizing these contractual obligations will also shake investor confidence and the creditworthiness of the State, and increase state and local bonding and borrowing costs for years to come. • Redevelopment funding supports economic development efforts to attract and retain businesses and create jobs. Without this financial support, cities and counties will not be able to actively compete with other states that are consistently trying to lure companies away from California including those in Rancho Cucamonga. Losing major businesses to other states would be devastating for local economies. • The Administration's proposal is simply unviable -shutting down more than 400 agencies, more than 700 project areas, hundreds of thousands of jobs and billions of dollars in contracts and economic commitments is an ill-advised and politically untenable prospect. Therefore, due to the devastating impact that the elimination of redevelopment agencies will have on local economies throughout the State -particularly in Rancho Cucamonga -staff recommends that the City Council/Redevelopment Agency Board for the City of Rancho Cucamonga formally adopt a resolution in opposition to the Governor's proposal to eliminate redevelopment agencies. Respectfully submitted, / `~ Lin a D. Daniels Deputy City Manager P -247 RESOLUTION NO. 11-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN OPPOSITION TO THE ADMINISTRATION'S PROPOSAL TO ABOLISH REDEVELOPMENT AGENCIES IN CALIFORNIA WHEREAS, as part of its 2011-12 budget proposal, the Governor has proposed permanently abolishing Califomia's more than 400 local redevelopment agencies; and WHEREAS, this proposal represents more of the same misguided and illegal State budget raids of local government funds that voters have repeatedly sought to end, most recently in November 2010 when an overwhelming 61 % of voters elected to stop State raids of local government funds, including redevelopment funds; and WHEREAS, this proposal will bring very little financial benefit to the State. According to the State Controller's Office, redevelopment agencies have more than $87 billion in bond and other contractual obligations that legally must be repaid before revenues are available to any other purpose. In fact, according to the State Department of Finance's own budget documents, there will be zero State savings in out years from shutting down redevelopment; and WHEREAS, this proposal will devastate local economic development, including hundreds of thousands of jobs and billions of dollars in local economic activity throughout California. In fact, in the City of Rancho Cucamonga, abolishing redevelopment will significantly restrict the City of Rancho Cucamonga's ability to invest in the local community and jeopardize millions of dollars in projects, programs and services that support businesses and residents; the construction of public safety facilities and much-needed transportation infrastructure to ensure the safety and welfare of community residents and visitors; assistance to local businesses to ensure growth and expansion; and the creation of employment opportunities for local residents; and WHEREAS, more specifically, eliminating redevelopment will have a direct negative impact on the Base Line Road/I-15 Freeway Interchange Project; Etiwanda Avenue Grade Separation Project; Hellman Avenue Storm Drain Project; East Avenue Master Planned Storm Drain Project; and the final phase of the Foothill Boulevard Improvement Project; and WHEREAS, throughout California, redevelopment activities support 304,000 jobs annually, including 170,600 construction jobs, contribute ever $40 billion annually to California's economy in the generation of goods and services, and generate more than $2 billion in state and local taxes in a typical year; and WHEREAS the elimination of redevelopment will cause the loss of more than 5,000 local jobs; and WHEREAS, eliminating redevelopment will take away one of the few tools local governments have to comply with state requirements to plan for more compact urban development supported by transit-oriented development, housing, jobs and infrastructure; and WHEREAS, eliminating redevelopment will destroy the development of affordable housing in California. Redevelopment agencies are the second largest (under of affordable housing, behind only the Federal Government, responsible for over 98,000 units of affordable housing since 1993, and more than 2,000 units in the City of rancho Cucamonga since 1981; and WHEREAS, shutting down redevelopment agencies is a violation of multiple State and Federal constitutional provisions. P -248 THEREFORE, BE IT RESOLVED that the City of Rancho Cucamonga formally opposes the Administration's proposal to abolish redevelopment in California. THEREFORE, BE IT FURTHER RESOLVED, that the City of Rancho Cucamonga authorizes its council and city staff to communicate its opposition to this proposal to the Governor, the Legislature, business groups, and citizens. PASSED AND ADOPTED this _ day of , 2011 by the following vote: ~' ~: ~\ ~: ~~ 4~ ~. i. 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O ago 0 W `~ .~ ._ m 0 a--+ f~ a--+ L ~ 0 ~ ^ ' W ~ ~ ~ ~ v ~--~ Q ~ `1..+ ~ • /~ ~ W ~ ~ ~ ~ ~ ~ 0 ~ 0 ~ ' ~ .~ ~ ~ ~ (/'~ ~ a-+ ~ ~ j ~ ~ • ~ ~ • ~ ~ ~ ~ ~~ Q • 0 a--~ .U Q C fB L 0 N Q~ a--+ .~ a--+ L Q a--~ L 0 Q~ Q1 C • .~ a--~ .~ a~-+ .Q ~N L a--~ Q1 • N ~--~ N .~ N f6 U< ~z~ 0 zao ~~L P -249 ;, _~~, ~ , STAFF REPORT ~ s = y, REDDV~LOPbIGNT t1GL;NCI' RANCHO Date: February 2, 2011 CUCAMONGA To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Linda D. Daniels, Deputy City Manager Subject: APPROVE THE SOURCES OF PAYMENT AND NECESSARY BUDGET APPROPRIATION FOR THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY'S SHARE OF THE STATE BUDGET DEFICIT REDUCTION (SUPPLEMENTAL EDUCATIONAL REVENUE AUGMENTATION FUND) FOR FISCAL YEAR 10!11 (FUND 2500801-5519 TO PAY $5,944,060; AND FUND 2505801-5519 TO PAY $660,451) TOTALING $6,604,511. RECOMMENDATION Approve the sources of payment for the Redevelopment Agency's share of the State Budget Deficit Reduction in the amount of $6,604,511 ($5,944,060 from Fund 2500801-5519; and $660,451 from Fund 2505801-5519); authorize staff to pay the County Auditor/Controller by May 10, 2011 pursuant to State requirements; and approve a budget appropriation to Funds 2511801-5519, 2500801-5519 and 2505801-5519 in the same amounts. BACKGROUND Due to the State budget crisis, redevelopment agencies will be required to pay a total of $2.05 billion to help balance the State's budget ($1.7 billion in FY 2009-10 and another $350 million in FY 2010-11). These funds will be deposited in the county "Supplemental" Educational Revenue Augmentation Funds (SERAF) to be distributed to schools to meet the State's Prop 98 obligations to education. Rancho Cucamonga's total liability is $38,714,390 ($32,109,879 in FY 2009-10 and $6,604,511 in FY 2010-11). The budget act legislation requires that each redevelopment agency notify the County Auditor/ Controller by March 1, 2011 to designate how the money will be paid. The SERAF payment is required to be deposited with the County by May 10, 2011. The Agency will use funds that have been allocated for projects and capital needs in order to pay the required SERAF amount. Specifically, funds that have been reserved for the second phase of Central Park and the I-15/Arrow Highway Interchange will be reduced, thus jeopardizing the overall funding for these much needed projects. Also, the Fire Fund's payment will come from the reserve for future equipment and vehicle needs that are critical to keeping our resources in the best service condition possible. Reduced funding could also jeopardize safety facility projects. The California Redevelopment Association has recommended that the following language be part of the March 1, 2011 transmittal letter to the County Auditor that designates how the Agency will be paying its SERAF obligation: "As you may know, the validity of the legislation mandating this SERAF transfer has been challenged in litigation pending in the Superior Court for Sacramento County, Califomia Redevelopment Association et al. v. Genest et al., Case No. 34-2009-80000359-CU-WM-GDS P -250 STAFF'REPORT-AFFRONT; THE SOORCES OF PA1TfENT FOR I7~IE l0~ll SLRAF PAYDfENT PACB2 (CRA v. Genest). This case alleges, among other things, that the duties of county auditors under Health and Safety Code Sections 33690(a) and 33690.5(a) to deposit funds received from redevelopment agencies in County Supplemental Educational Revenue Augmentation Funds are inconsistent with various state and federal constitutional provisions and are therefore unlawful and unenforceable. The Rancho Cucamonga Redevelopment Agency reserves any rights it may have to withhold the payment of funds to you under Health and Safety Code Section 33690 or to recover those funds after payment'or transfer based on any order or judgment of the Court in CRA v. Genest." To date, more than $49 million has been paid by the Rancho Cucamonga Redevelopment Agency to the State of California. If not successfully challenged, the proposed 09/10 and 10/11 SERAF obligations will result in cumulative payments to the State of more than $55 million. In the past, the State has allowed for aone-year extension of time to the Redevelopment Plan when an ERAF payment is required. However, there is no one-year extension opportunity with either the 09/10 or 10/11 SERAF payment. Respectfully submitted, ~~ ~, ~~ Linda D. Daniels Deputy City Manager P -251 STAFF REPORT CITY M,~N,~GER~S OFFICE Date: January 19, 2011 To: Mayor and Members of the City Council Jack Lam, AICP, City Manager From: Fabian Villenas, Principal Management Analyst Subject: Adoption of 2011 Legislative Priorities ~1 ~ ~- RANCHO CUCAMONGA RECOMMENDATION It is recommended that the City Council adopt the attached 2011 Legislative Priorities. BACKGROUND Each year, there are dozens of bills introduced into the State Legislature and U.S Congress that directly impact the operations of the City of Rancho Cucamonga. Often, the City needs to take a position on a particular piece of legislation that will have an impact on the City. City staff carefully monitors pending state and federal legislation, and once a position is adopted, staff works closely with the City Council to advocate on behalf of the City to members of the State Legislature, Governor, and/or members of Congress. The 2011 Legislative Priorities direct the City of Rancho Cucamonga's Legislative Program through the incorporation of key strategic actions that include the communication of legislative positions on proposed Federal, State, and County legislation, measures, initiatives, and governmental regulations and the pursuit of Federal, State, and County funding through earmarks, grants, and discretionary funding for City projects, services, and programs. The 2011 Legislative Priorities serves as both an outline and reference guide for legislative positions and objectives that shape the actions of both City Council and staff. It is the foundation of a focused advocacy strategy with the primary objective of adopting official City positions on clearly stated legislative issues at the start of the legislative session. It encourages collaboration with the League of California Cities and other local cities and organizations in supporting the City's diverse legislative interests. The Legislative Priorities is formulated and will be maintained annually using the goals and objectives of the City Council, a review of legislative priorities from the League of California Cities, research of current law and pending legislation, as well as input from the City Council, City departments, local legislative staff, and the City's legislative advocates. Advocacy efforts include written correspondence by the Mayor, and in some cases, personal contact with our legislative representatives and/or their staff. The City of Rancho Cucamonga will not address matters that are not pertinent to local government services or duties, such as socially divisive, partisan, or international affairs. P -252 ADOPTION OP 2011 LEGISLA'LiVE PRIORCCIES 1ANU:ARY 19, 2011 Respectfully Submitted, \ , `_~--~,~, 1 F_ Fabian A. Villenas, Principal Management Analyst City Manager's Office PAGE 2 Attachment: 2011 Legislative Priorities 2011 legislative Pri®rities [SLATIVE PRIORITIES PURPOSE ST The 2011 Legislative Priorities provides a framework for the City of Rancho Cucamonga's Legislative Program. Adopted annually, the City's Legislative Priorities serves as a reference guide for legislative positions and objectives that provide direction for the City Council and staff throughout the year. The Legislative Priorities is the foundation of a focused advocacy strategy. LEGISLATIVE PROGRAM The primary objective of the Legislative Priorities is for the City Council to adopt official City positions on clearly stated legislative issues at the start of the legislative session. By doing this, the legislative approval process is streamlined 6y receiving clear direction at the beginning of the legislative session from the City Council on legislative issues. The Legislative Priorities is developed and maintained using the goals and objectives of the City Council, a review of legislative priorities from the League of California Cities Inland Empire Division, input from City Council and Staff, research of current law and pending legislation, as well as discussions with local legislative staff and the City's legislative advocates. Federal and state legislative proposals and policies consistent with the Legislative Priorities may be supported by the City. Those policies or proposals inconsistent with this agenda may be opposed by the City. For proposed legislation, either consistent with the City's Legislative Priorities or consistent with legislative positions the City has taken in the past, City staff shall be authorized to prepare position letters for the Mayor's signature. Items not addressed in the City's Legislative Priorities may require further Council direction. Legislative priorities may only address issues directly relevant to or impacting the provision of municipal services. Generally, the City will not address matters that are not pertinent to the Cit~/s local government services such as international issues. City departments are encouraged to monitor and be knowledgeable of any legislative issues related to their discipline. However, any requests for the City to take positions on a legislative matter must be directed to the City Managers Office. City departments may not take positions on legislative issues without City Managers Office review and approval. 10500 Civic Crnrer Dr. • P.O. Hos flU7 • Rancho Cucxmonbz, CA 9172') •'1'cl 909 477-2700 • Pax 909 477-?H49 • wwu.ri.rancho-mvmonga.ca.uc `_' 2011 Legislative Priorities Page 2 _ RANCHO GUCAMONGA PROGRAM GOALS AND STRATEG[ES/~CTdONS The Legislative Program Goals and Strategies/Actions are outlined below. Program Goals: • Advocate the City's legislative interests at the Federal, State and County levels. • Inform and provide information to our Legislators, City Council, and Staff on the legislative process and key issues and legislation that could have a potential impact on the City. • Serve as an active participant with other local governments, the League of California Cities, regional agencies such as SANBAG, SLAG, SCAQMD, Omnifrans, and local professional organizations on legislative/regulatory issues that are important to the City and our Region. • Seek grant and funding assistance for City projects, services, and programs to enhance services for our community. Strategies/Actions: I. Communicate legislative positions on proposed Federal, State, and County legislation, measures, initiatives, and governmental regulations. A. Work with city departments and our legislative advocates to develop positions on proposed Federal and State legislative measures. B. Staff will review the positions and analysis done by the League of California Cities, our legislative advocates' feedback, and other local government/professional associations in formulating our positions. C. The City will take positions only on proposals that clearly impact our City. D. Actively track key bills through the legislative process, utilizing the City's advocacy services, various Legislative web sites, and government/professional associations. E. Communicate the City's position to our Federal, State, and County Legislators, bill author(s), committees, and Legislature, through correspondence, testimony, and in-person meetings. F.' Work cooperatively with other Cities, associations, and the League of California Cities on advocating our legislative positions. G. As necessary, participate in the drafting and amending of proposed Federal and State measures that have the potential to significantly impact the City. H. Meet with Legislators and their representatives, as well as other Federal, State, and County government officials on a regular basis, to discuss local government issues, proposed legislation, requests for funding assistance, and City programs and services. II. Seek Federal, State, and County funding through earmarks, grants, and other discretionary funding for City projects, services, and programs. a. Annually identify City projects for potential submittal for Federal earmark consideration. Develop a submittal packet for Legislators that provides information and need for the projects. b. Provide information to City departments on potential grant funding opportunities and P -254 recognition programs. c. Advocate and request letters of support for City projects and grant applications or other resources that are being considered for Federal, State, and County funding. ~' 2011 Legislative Priorities Page 3 _RANCHO MONGA III. Work closely with the League of California Cities, our legislative advocates, and other cities and organizations in advocating for City's Federal, State, and County legislative interests. a. Actively participate in the League of California Cities' Inland Empire Division activities. b. Participate in League of California Cities, including active involvement in League Policy Committees and other organization briefings and activities in order to stay updated on trends, upcoming initiatives, and pending legislation. c. Interact with other cities on issues of mutual concern or impact. d. Interact with regional groups that are involved with legislative programs (e.g., Chamber of Commerce, SANBAG, CalTrans, CVWD, SCAG, SCAQMD, etc.) e. Review requests from other governmental and regional organizations to consider supporting their legislative positions. f. Consider letters submitted from professional associations requesting support or opposition on legislative issues that are submitted through city departments. IV. Share information with the City Council, City staff, and the community on legislative issues. a. Work closely with department heads and staff to determine their legislative priorities and funding needs for the upcoming legislative session. b. Provide updates on legislative issues to the Council and departments throughout the year. c. Educate and involve the community in the City's advocacy efforts on legislative issues and State/Federalfunding requests. P -255 2011 Legislative Priorities Page 4 ~~~~1pp1~~ANCHO <jUCAMONGA 2011 LEGISLATIVE PRIORITIES STATE ADMINISTRATIVE AND EMPLOYMENT RELATED - Support efforts to enact workers' compensation reforms that lower employers' costs while still protecting workers. - Oppose legislation or regulations that would unreasonably increase employer medical costs for workers' compensation. - Oppose legislation which would increase employer liability for unemployment compensation, or which would reduce local discretion to manage this risk. - Support local government efforts to establish succession planning and mentoring programs. - Support reasonable limitations on tort liability, including tort immunities for public entities for unauthorized use of public property. - Support limitations on the joint and separate liability of governmental agencies to a liability equal to their percentage of their wrongdoing. - Oppose legislative efforts to impose binding arbitration that would remove Iota! government authority on matters of local interest. Specifically, support all legislative and legal efforts to overturn any legislation that implements binding arbitration on local government. COMMUNITY AND HUMAN SERVICES - Support legislation that provides incentives or grant opportunities for community improvements. - Support legislation that provides funding for transportation services, including for senior citizens. - Support legislation that provides funding and resources for local governments to implement Healthy Cities programs and polities aimed at reducing obesity, childhood obesity, high rates of diabetes, heart disease, and other health conditions. - Support legislative efforts to increase opportunities for community-wide citizen volunteer programs. - Support funding for a coordinated and comprehensive approach to address the needs of youth in the community. P -256 ENVIRONMENT - Oppose legislation that imposes undue hardship on local agencies to implement environmental regulations. 2011 Legislative Priorities Page 5 RnNCxo CUCAMONGA - Support legislation that provides resources and funding to local governments for the implementation of SB 375. - Support streamlined environmental processing for federal regulatory permits issued by Caltrans and various other state and federal agencies for the purpose of expediting public infrastructure developments. - Support legislation to provide changes to AB 939 that will streamline its provisions and assist in compliance, placing more emphasis on implementation of waste diversion programs and less on strict mathematical accounting. - Support financial incentives for water reuse and legislation that encourages the treatment of municipal wastewater for non-potable reuse and promote the development of reasonable regulations to encourage and maximize the responsible use of reclaimed water as an alternative to California's fresh water supply. - Oppose air quality legislation that restricts the land use authority of cities. IIOUSING LAND USE PLANNING AND REDEVELOPtvIEN'i` - Support legislation that strengthens the concept of local control/local home rule for local decision making on land use and zoning matters. - Support legislation that preserves municipal authority over the public right-of-way including fair and reasonable compensation for use of the right-of-way. - Support a streamlined right-of-way acquisition process. - Oppose any efforts to eliminate redevelopment agencies. - Oppose efforts by any regulatory commission from promulgating rules and regulations that infringe on local land use decisions and management of the public right-of-way. - Oppose additional affordable housing production mandates without necessary funding to support said housing mandate. - Support continuing flexibility in the use of redevelopment authority, and oppose limiting the authority or increasing the liability of redevelopment agencies. - Support legislation that enhances redevelopment agencies' ability to promote economic development and job creation. - Support efforts that increase the City's ability to reasonably oversee the location of community care facilities. - Support legislation that provides funding for the identification, acquisition, maintenance and restoration of historic sites and structures. P -257 ~w n 2011 Legislative Priorities Page 6 RANCHO COCAMONGA PUBLIC SAFETY AND UTILITIES - Support legislation that provides funding support for disaster preparedness, earthquake preparedness, Homeland Security, hazardous material response, State COPS program, booking fee reimbursement and other local law enforcement activities. - Support efforts that strengthen local law enforcement's ability to prevent and fight crime. - Support legislation that minimizes alcohol-related criminal behavior and underage drinking. - Oppose legislation that alters distribution of revenues from traffic and parking violations, resulting in lower revenue for local governments. - Oppose legislation that would impede local law enforcement from addressing crime problems and recovering costs resulting from a crime committed by the guilty party. ® Support legislation. ±hat limits the placement of sex offender and parolee homes within the City limits. - Support statewide efforts to coordinate disaster preparedness programs in local jurisdictions and support guidelines to identify the strengths and weaknesses of local preparedness efforts. - Support and promote programs that enhance the benefits of mutual aid agreements between local governments. - Support increased authority and resources devoted to cities for abatement of graffiti and other acts of public vandalism. - Support additional funding in order for local agencies to recoup the costs associated with fire safety in the community. - Support legislation which increases home rule in adopting Fire and Life Safety Codes. - Oppose legislation that restricts local authority jurisdiction over the enforcement of fire and life safety regulations. - Support efforts which strengthen local fire and life safety services. Support legislation that provides resources and funding opportunities related to wildfire prevention and wildfire response. - Support regional efforts to improve interoperability of voice and data communications equipment. - Support legislation that provides local law enforcement agencies authority to recover any costs associated with complying with any federal, state or court-ordered licensing, registration and testing requirements. P -258 - Support efforts to promote and fund programs to combat pet overpopulation, increase pet ~a. ~ 2011 Legislative Priorities Page 7 _ RANCHO AMONGA adoptions and spay/neuter programs and educate citizens on the dangers and nuisance of roaming, uncontrolled animals and other animal control issues that risk public health and safety and quality of life. - Oppose any legislation that diminishes or does not assure local franchise fees for all utilities' use of City right-of-way. - Support legislation that improves the availability of renewable energy and increases energy efficiency programs. - Oppose legislation that seeks to lessen the Cit~/s ability to enforce contractual language agreed to and contained within existing franchise documents. REVENUE AND TAXATION - Oppose any legislation that would make local agencies more dependent on the State for financial stability and policy direction. - Oppose legislation that would impose State mandated costs for which there is no guarantee of local reimbursement or offsetting benefits. - Support efforts to protect local government revenue sources and the provisions of Proposition lA. Support legislation/initiatives that ensure that all local funding sources remain a dedicated revenue source for local governments. - Oppose any legislation that would pre-empt or reduce local discretion over locally-imposed taxes. - Support full cost reimbursement to the City for all federal, state and county-mandated programs. F Oppose any efforts by the state legislature to take or divert iocal agency Redevelopment Funds as a revenue source to offset the state budget deficit. - Oppose legislative and administrative efforts by online travel companies to circumvent remittance of transient occupancy taxes to local governments from hotel reservations purchased using the Internet. TRANSPORTATION COMMUNICATION AND PUBLIC WORIi:S - Support legislation or policy that provides funding to local governments for local transportation and water, sewer and storm sewer system projects. - Support legislation that provides funding and resources for alternative fuel vehicles for replacement of municipal fleet equipment. P -259 - Support efforts to provide adequate charging station infrastructure for emerging electric vehicle technology. a~•, 2011 Legislative Priorities Page 8 jtANCeo CucAMONGA - Support legislation that provides funding and resources for retrofitting municipal buildings to increase energy efficiency. - Support efforts for continuing and increasing funding sources for street maintenance projects and transportation improvements. - Support legislation that would lift the minimum requirement of payment of prevailing wages on municipal Public Works projects. FEDERAL - Support the reauthorization of SAFETEA-LU surface transportation bill in order to provide critical funding for highways, highway safety and public transportation. - Support streamlined environmental processing for federal regulatory permits issued by the US Army Corp of Engineers, US Fish & Wildlife Service, Federal Highway Administration and various other state and federal agencies for the purpose of expediting public infrastructure projects. - Support continued funding for the Energy Efficiency Block Grant Program in order to provide resources directly to local governments for programs that improve energy efficiency, develop and implement energy conservation programs, and promote and develop alternative and renewable energy sources. - Support efforts to streamline or eliminate the Medicare Secondary Payer process. - Oppose legislative or administrative actions that prohibit or hinder local government's ability to implement Property Assessed Clean Energy (PACE) programs. - Support legislation to include consideration of the economic impacts of proposed species listings, as well as support the delisting of species no longer threatened or endangered. - Supporc collecting and remitting state and local sales taxes to the state in which the purchaser is residing, (e.g., purchases made over the Internet; by mail order; by catalog, etc.). - Support local/regional control and administration of federal programs and strategic placement of federal personnel to ensure expedited decision-making. - Oppose legislation and the promulgation of rules and regulations that allow any regulatory agency to encroach on, or supersede, local authority, including, but not limited to, the City's right to franchise for the right to operate in the public right-of-way. - Oppose cuts to Community Development Block Grant (CDBG), HOME program and Section 8 Housing funds. Advocate for a more streamlined application process and for greater flexibility of local.appropriation and use of monies. P -260 - Support legislation to modify inappropriate sections of the Federal Fair Labor Standards Act (ELBA) as it relates to regulating public sector employment. O F RANCxo Cucnrto~cn StaffReport DATE: Februazy 2, 2011 TO: Mayor and Members of the City Council Jack Lam, AICP, City Ma~iager FROM: John Gillison, Assistant City Manage~~.`~~ Tamara Lame, Finance Director SUBJECT: Nlid-YearBudgetAnaly~sis RECOMMENDATION It is recommended that the City Council receive and file the attached report on the City of Rancho Cucamonga FY 2010-11 Mid Year Budget analysis. BACKGROUND The City of Rancho Cucamonga adopted its Fiscal Year 2010- I 1 Budget on June X, 2010. The $62,794,080 million dollar General Fund budget represented a 5.5% ($3,630,410) reduction from FY 2009-] 0 and a 9.8% ($6,857,480) reduction from FY 2008-09 spending levels. The FY 2010-11 budget was balanced with significant reductions in all areas, including an initial attrition level of some 59 FTE positions, along with reductions in part- time personnel hours, contract services reductions, O&M reductions and a limited use of reserves. As part of the adoption of the Budget, the City Council requested regular budgetary updates throughout the year. ANALYSIS Having completed a full six months of the FY 10-11 fiscal year, staff has finished an analysis of revenues and expenses which is presented below and on the attached exhibits for City Council review. At the recent 2011 City Council Goal Setting/Teambuilding workshop held on. January 12, 2011, the City Manager also presented a more detailed Budget Ovewiew of the last several years, including staffs best economic projections for the immediate future. In short, it is clear that the time period of 2005-2008 represented a bubble in the economy, which ultimately "burst" and has led to several years in row of successive revenue declines from 2008 through the current year. Housing prices dropped, foreclosures skyrocketed, unemployment increased dramatically, and sales taxes and other key revenues dropped precipitously. Through the City Council's P -261 Page 2 February 2, 2011 Mid-Year.Budget Analysis strategy of using reserves to achieve a "soft landing" and a thoughtful measured response to the fiscal cliallenges that were present, the Citys budget expenses were reduced gradually, reserves were used prudently, and an emphasis on vital core services was maintained. At the present time, the precipitous revenue declines of past years appear to have leveled out. At the same time, all signs indicate that a recovery will be slow, and gradual, due to the depth and length of the recession, the depth and breadth of California's State budget woes, and the high- level of unemployment in San Bernardino and Riverside counties. There will be no immediate return to the boom years of the past, if ever. Further complicating any potential recovery are the unknown factors of what changes in entitlement and other programmatic spending the Federal government may make to reduce the national deficit, the State's current efforts to end Redevelopment and the effect any changes in that program may have locally, as well as the still weak housing mazket which has yet to fully process all the bad loan foreclosures. Accordingly, Rancho Cucamonga, like many jurisdictions, is anticipating that for the next several years rising expenses for fuel, water, and other commodities; combined with other increasing fixed operating costs and changes in the Federal-State-Local relationship that either decrease revenue or realign responsibility for services, ~i211 equal or exceed any modest growth in revenues as the economy slowly recovers. The City will need to balance future budgets at the new "normal" revenue amounts. With respect to Revenues the midyeaz analysis indicates that the City's top seven revenues, which account for about 85% of total General Fund revenues; are on track to equal the adopted budget numbers for FY 2010-11. Unlike the last several years, the trend of successive steep declines appeazs to have ended and overall revenue is on track for where it should be at this time of year and ahead of where it has been at this time for the last several yeazs. Library and fire District property tax revenues are also in line with projections. With respect to Expenses, at the mid-point of the near, the adjusted General Pund expenditures are in line with projections. Although the overall numbers. are slightly higher than 50% expended at mid-year, this is due to the accounting requirement to encumber 12-month contracts at the beginning of the fiscal year, and account for overhead costs in a similar manner. Expenses are comparable to past years for this time period and are expected to finish in-line with budget projections. Library and Fire District expenditures, which do not have the same number of long- term contracts as the City General Fund, are exactly where they should be at midyeaz. RECOMMENDATION It is recommended that the City Council receive and file the attached report on the City of Rancho Cucamonga FY 2010-.11 Mid Year Budget analysis. Attachments: 1. EXHIBIT "A" - FY 2010-I 1 Mid-Year Budget Report Cazd P -262 -2- P -263 City of Rancho Cucamonga `' , ~ ~ Fiscal Year 2010/11 xA~~;t° Midyear Budget Report Card CUCAMONCA OVERVIEW This report summarizes the City's overall financial position for the fiscal year through December 31, 2010. The focus of this report is the City's operating budget which is comprised of the City General Fund, the Librazy Fund, and the Fire District Funds. The revenue projections and budgets include necessary adjustments for encumbrances, carryovers, and any supplemental appropriations made by the City Council as of December 31, 2010. GENERAL FUND Factors contributing to a slightly higher percentage expended/encumbered include the following: I) some contracts cover the entire fiscal year and must be fully encumbered with a purchase order at the beginning of the fiscal year; and 2) certain overhead cost allocations aze completely allocated at the beginning of the fiscal year, however, as of December 31, 2010 only 50% of the yeaz completed. Some savings may occur by the end of the fiscal yeaz due to less than anticipated fuel costs and no payments being made for booking fees during the current yeaz (so faz). General Fund Financial Condition. With 50% of the yeaz complete, General Fund expenditures are at 49% of projections and revenues are at 24%. Revenues are typically less during the first half of the fiscal yeaz as a number of the more significant items including franchise fees and fourth quatter sales tax aze not received until the second half of the fiscal yeaz. Both expenditures and revenues are explained in more detail below. GeneialF:und =~Bildeet' Y,-,-TD Actual* Percerif Revenues $ 61,851,470 $15,091,606 24% Ex enditures $ 63,172.227 $31,046,735 49% «Includes carryover purchase orders Expenditures. Departmental operating expenditures aze generally on tazget as of midyeaz as summarized below: ,,GGenerdl Fuud ExpendRUres Adopted -~$ 8u~ei`.=.". 1'ID .r~-. ~Aciiialre,3 r °/ rv :E_ f5nc Administrative Services 7,631.821 4x93.251 66% Animal Care and Services 2,567,905 1,490.272 i8% Building and Safety 2,956,150 1,R22,629 62% City Clerk 2.810 1,701 61 City Council 145,270 83,729 68% City Manager 1,176,953 755,698 64°0 Communi Smites 4,43Q240 2,613,216 >7°e Engineering 1,883,270 1,202,962 64°0 Planning 2,027,049 1,089,446 64% Ponce 27,564,040 16,514,976 60% Public Works 9,315,373 6,296,216 68% Records Man ement 591,392 261,225 44% Top Seven Revenues. The City's top seven revenues account for about 8>% of total General Fund revenues. Following is a summary of these revenues as of midyear. s.-~:.` s ys } Top Seven Revenues-a Adoptcvl: ~. "~"`B¢deet a ~.YfD; ~Actual:~ - ~ °10'. _: Recervedi Salts tax 21,6(W,810 5,785,245 27°/ Vehicle lioeuse fees" 14,652.360 164.128 1% Franchise Cees 5,992160 847,696 14% Property tax 3,803,300 1,714.631 45°'0 Develo menr fees 2,860.050 7,005,129 35°/ Businss Licenses 2,154,070 821.467 38% Trans. occupancy texts 1.651,910 818.104 60% "Includes Property rax in-lieu of VLF" Sales Tax. Results to date are closer to budget estimates than it appears. Due to the "Triple Plip," we only receive 7~% of our base revenues from State allocations; the remaining 25% is remitted to us from the County in February and June via a complicated estimating formula. That said, after adjusting for this, we have received about 36% of our budgeted revenues as of midyeaz. This is due to the timing of our receipts from the State and the County. As of midyear, we have received four months' allocation of sales tax revenues -from the State and five months' of Prop 172 revenues. Based on discussions with the City's sales tax consultant, it appeazs our sales tax revenues aze stabilizing and will eventually begin to grow again, albeit slowly P -264 City of Rancho Cucamonga '~` ~ Fiscal Year 2010/11 R^Nti~~° 11'Iidyear budget Report Card QOCAMONCA and gradually. Revenues are projected to equal or slightly exceed budget by the end of the fiscal year. Vehicle License Fees. As of midyear, we have received five months' VLF from the State (35% collected). We will receive the property tax in-lieu of VLF in Februazy and June. Revenues should equal budget by the end of the fiscal year. Franchise Fees. We wilt not receive the lazgest components of franchise fee revenues -payments from Southem California Edison and Southern California Gas Company - until April 2011; however, franchise fees from other utilities are in line with budget estimates overall. Property Tax. The firsf major apportionment of taxes occurred in December 2010; collections aze slightly better than at this time last year. Development Fees. Development revenues aze coming in better than anticipated for the most part with building permit revenue lagging at 29% collected. It should be noted that development fees are not received in a linear or proportional manner throughout the fiscal yeaz Property tax makes up approximately 78% of the Library Fund's budget. As noted above, the first major apportionment of 2010/11 taxes occurred in December 2010 and thus far collections aze slightly better than at this time last yeaz. However, the Library's property tax revenues also include apass- through from the Redevelopment Agency. This pass-through represents approximately 42% of the Library's property tax revenues and it is received in May. The Library Fund's expenditures aze in line with budget as of midyeaz. FIRE DISTRICT Fire District Financial Condition. With 50% of the yeaz complete, Fire District operating revenues are at 43% of projections and expenditures aze at 49%. F,ue`Disirict= .', ; Bud yet` ~ 'Y3'D:=Aeriial": Pereent Revenues $ 24.685.630 $10,643,770 43% Ex enditures $63,]72,227 $31,046,738 49% *Includes carryover purchase orders Business Licenses. Business license revenues are on track with projections. The peak of the renewals are not received until January. Transient Occupancy Taxes. TOT revenues aze performing consistently with projections and are slightly higher than at this time last yeaz. LIBRARY FUND Library Fund Financial Condition. At the fiscal yeaz midpoint, Library revenues are at 30% of projections and expenditures aze at 52%. I;ili ~". =Ftmil'. ~~'Bud ~!° ~: Y33) Aciual*` 'Perceiit Revenues $ 3,886,]30 $ 1,156,050 30% Ex enditures $ 4,049,358 $ 2,108,078 52% Property tax comprises approximately 86% of the Fire District's operating budget which includes the General Fund, CFD 85-1 and CFD 88-1. These revenues aze 44% collected as of midyear which is in line with projections. The Fire District's expenditures aze on track as of midyear as well. SUMMARY Overall, the City's operating budget is performing well as of midyear. It is anticipated that the budgeted use of reserves will be minimized as a result of cost savings and improving revenue streams. *lnchrdes carryover purchase orders P -265 STAFF REPORT ~ - ~ ~ LI~ CLERIi~S OFFICE RANCHO Date: February 2, 2011 C,UCAMONGA To: Mayor and Members of the City Council Jack Lam, City Manager From: Debra L. McKay, MMC Subject: REVIEW OF APPOINTMENTS TO STANDING COMMITTEES AND OTHER GOVERNMENTAL AGENCIES RECOMMENDATION Review the list of appointments to committees and other governmental agencies and update as necessary. BACKGROUNDIANALYSIS On a regular basis, the City Council reviews the list of appointments to various standing committees and other governmental agencies, and updates as necessary. Pursuant to prior City Council action, there is an automatic designation of the Mayor, Mayor Pro Tem or remaining Council Members as automatic alternates to any Committee or Subcommittee when one or more of the appointees are unable to attend. This ensures that the Committee or Subcommittee can continue to hold a scheduled public meeting without interruption. The following is a list of the standing committees and the current appointment(s): Ad Hoc Commtttees o Abandoned Residential Properties Ordinance Ad Hoc Committee - L. Dennis Michael and Sam Spagnolo • Mobile Home Accord Renewal Ad Hoc Committee - Sarn Spagnolo and Rex Gutierrez (currently inactive after 2008 renegotiation of Accord for seven years) • Development Code Amendment for Alternate Landscape Requirements -Rex Gutierrez and Diane Williams • Refuse Service Levels and Illegal Dumping Ad Hoc Committee -Sam Spagnolo and Diane Williams City Council Subcommittees • Community Services Subcommittee -Sam Spagnolo and Diane Williams • Housing Set Aside Subcommittee - L. Dennis Michael and Rex Gutierrez • Library Subcommittee - L. Dennis Michael and Rex Gutierrez • Planning/Historic Preservation Subcommittee -Sam Spagnolo and Diane Williams • Public Works Subcommittee -Rex Gutierrez and Diane Williams • Redevelopment Marketing Subcommittee -Rex Gutierrez and Diane Williams Telecommunications Subcommittee - L. Dennis Michael and Sam Spagnolo P -266 REVIF\V OF APPOINI'MLN'I S TO STANllii'~iC= COMMI"ITF.FS AND O"t}IF_R PnC;N; 2 GO VEItNMF:NTAI. AG FiNCD~S Fssrzuwev 2, ?011 Other Apaointments • league of California Inland Empire Legislative Task Force Representative -Sam Spagnolo (has also been appointed as Chair of Task Force) • Inland Empire Utilities Agency -Landscape Alliance Task Force Member, Task Force - L. Dennis Michael • City Selection Committee Required Delegate: Mayor • Omnitrans Delegate: L. Dennis Michael Alternate: Diane Williams • Rancho Cucamonga Chamber of Commerce Delegate: L. Dennis Michael • Route 210 Freeway Corridor Design Joint Powers Authority Delegate: Diane Williams Alternate: Sam Spagnolo • SANBAG Delegate: Diane Williams Alternate: Donald Kurth Supervisor Apaointments Supervisor Rutherford indicated recently that there were several current vacancies on the North Etiwanda Preserve District Board (County Service Area 120) and she was open to suggestions for individuals that might be interested in serving on the Board. The City Council may wish to consider discussing if any Councilmembers are interested in serving on the Board, and if so, whether the City Council desires to forward that individual's name to Supervisor Rutherford for possible consideration. It is recommended that the City Council review the list of current committee and other governmental agency appointments and update as necessary. Upon receipt of an updated list, City Staff will notify any outside agencies that might be affected. Res ecttully submitted, ,~, ~ ~ v >J 1 De a L. McKay, Assi ant City Clerk/Records Manager .... • ~.. • r-• ~• • ! '~ '~ . _. ~ ~~ ~ .1pr, . ,, ~ ~, `!"s.. • It is with a heavy heart that all of us here this evening close this meeting in memory of a 23 year City employee who passed away last weekend, Dawn Haddon, the City's Purchasing Manager. • In the picture you see on the screen, taken a few years ago, you see Dawn and her husband Scott and their daughter Sienna. • Dawn first started with the City of Rancho Cucamonga in 1988 as an Office Specialist in Purchasing. • Anyone who knew Dawn knows what a smart, hard-working, driven and caring person she was. So it is no surprise she worked her way up through the City Family to become the Purchasing Manager in 2000. • Dawn loved her job, her co-workers and her family and she was well-respected in her profession, having achieved her Public Purchasing Officer and Purchasing Manager certification, as well as having been one of the first graduates of the Local Government Leadership Academy. • Dawn was also a 20+ year resident of Rancho Cucamonga and we will all remember her for her tremendous work ethic, her friendship, her ready smile and quick wit and as a good friend. • Please join with me in a moment of silence as we remember the wonderful life of Dawn Haddon.