HomeMy WebLinkAbout1994/01/19 - Agenda Packet CITY COUNCIL
AGENDA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
January 19, 1994
Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California 91730
City Councilmembers
Dennis L. Stout, Mayor
William J. Alexander, Councilmember
Charles J. Buquet, Councilmember
Rex Gutierrez, Councilmember
Diane Willj~ms, Councilmember
Jack Lam, City Manager
James L. Markman, City Attorney
Debra J. A{]~ms, City Clerk
City Office: 989-1851
PAGE
City Council Agenda
January 19, 1994 1
All items submitted for the City Council Agenda must be in
writing. The deadline for submitting these items is 6:00
p.m. on the Tuesday prior to the meeting. The City Clerk's
Office receives all such items.
A. CALL TO ORDER
1. Roll Call: Buquet , Alexander__,Stout
Willtams , and Gutierrez
B. ANNOUNCEMENTS/PRESENTATIONS
C. COMMUNICATIONS FROM THE PUBLIC
This is Ihe time and place for the general public to address
the City Council. State law prohibils the City Council from
addressing any issue not previously included on the Agenda.
The City Council may receive testimony and set the mallet
for a subsequent meeting. Comments are to be limited to five
minutes per individual.
D, (~ONSENT CALENDAR
The following Consent Calendar items are expected to be
routine and non-controversial. They will be acted upon by
the Council at one time without discussion. Any item may be
removed by a Councilmember or member of the audience for
discussion.
1. Approval of Minutes: January 5, 1994
2. Approval of Warrants, Register Nos. 12/29/93 and 1/5/94; and ]-
Payroll ending 12/16/93 for the total amount of $1,882,716.07.
3. Approval to receive and file current Investment Schedule as of 7
December 31, 1993.
4. Approval to authorize the advertising of the 'Notice Inviting Bids" 10
for the Hellman Avenue at Ninth Street Improvement Project, to be
funded from Street Rehabilitation, Account No. 09-4637-9304.
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'~ City Council Agenda
January 19, 1994 2
RESOLUTION NO. 94-006 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
PLANS AND SPECIFICATIONS FOR THE "HELLMAN
AVENUE AT NINTH STREET iMPROVEMENTS' IN SAID
CITY AND AUTHORIZING AND DIRECTING THE CITY
CLERK TO ADVERTISE TO RECEIVE BIDS
5. Approval of the Design of the City Seal for the City of Rancho 15
Cucamonga.
6. Approval to extend Camcast Cable T.V. franchise. 17
RESOLUTION NO. 91-012-0 18
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, EXTENDING
COUNTY OF SAN BERNARDINO FRANCHISE LICENSE
WITH CaMCAST CABLE T.V. FOR 90 DAYS UPON
EXPIRATION OF CURRENT LICENSE WITHIN THE CITY
OF RANCHO CUCAMONGA
7. Approval to appropriate and expend S30,000 for the installation of 19
a Touch Pad Lighting Control System at Red Hill and Heritage
Community Parks. to be funded from Account No. gO-4637-Q222.
8. Approval of a Resolution allowing the issuance by the Marks 20
Group, Incorporated, of $30 million of equity capital to Institutional
Investors.
RESOLUTION NO. 94-007 21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA. APPROVING
THE ISSUANCE BY THE MARKS GROUP,
INCORPORATED OF $30 MILLION OF EQUITY CAPITAL
TO INSTITUTIONAL INVESTORS
9. Approval to execute an agreement (CO 94-006) for payment of 23
fees for Parcel Map 13724, located on the south side of Foothill
Boulevard. between Interstate 15 and Etiwanda Avenue,
submitted by Foothill Marketplace Partners.
10. Approval tO award and authorization for execution of contract 25
(CO 94-007) for Vinmar Avenue from Ninth Street to Chaffee Street
Alley Improvement Project to IPS Services, Incorporated. for the
amount of S85.897.00 ($78,088.39 plus 10% contingency). to be
funded from CDBG Account No. 28-4333-9329.
City Council Agenda
January 19, 1994 3
11. Approval to award and authorization for execution of contract 29
(CO 94-008) for Traffic Signals and Safety Lighting at the
intersection of Haven Avenue and Banyan Street to IPS Services,
Incorporated, for the amount of S202,083.00 (S183,712.20 plus 10%
contingency), to be funded from TDA Article 8, Account No. 12-
4637-9204.
12. ApprovaJ to renew and execute Facility Use Agreement (CO 93- 32
023) between Chaffey Community College and the City for
Recreational Uses in the amount of S25,000.00 to cover
maintenance and operations expenses.
13. Approval to execute Improvement Agreement Extension for 37
Tract 13717, located on the northeast corner of Church Street and
Spruce Avenue, submitted by Lewis Homes.
RESOLUTION NO. 94-008 39
A RESOLUTION OF THE CITY COUNCIL QF THE CITY OF
RANCHO CUCAMONGA, CAUFORNIA, APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR TRACT 13717
14. Approval to execute Improvement Agreement Extension for 40
TraCt 14192-1, located on the east side of Hellman Avenue south
of 19th Street. submitted by Hix Development.
RESOLUTION NO. 94-[X]9 42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR TRACT 14192-1
15, Approval to execute Improvement Agreement Extension for 43
Tracts 14379 and 14380, located on the northwest corner of
Etiwanda Avenue and 24th Street, submit'fed by Watt Homes,
RESOLUTION NO. 94-010 45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
IMPROVEMENT AGREEMENT EXTENSION AND
IMPROVEMENT SECURITY FOR TRACTS 14379 AND
14380
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,~ City Council Agenda
January 19, 1994 4
16. Approval to accept the Required Street Improvements for Parcel 46
Map 12959-1 which have been completed in an acceptable
manner, accept the Maintenance Guarantee Bond in the amount
of S134,000.00. authorize the City Engineer to file a Notice of
Completion, and authorize the City Clerk to release the Faithful
Performance Bond in the amount of $1,340,064.00.
RESOLUTION NO. 94-011 47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR PARCEL MAP 12959-
1 AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
17. Approval to accept the Required Improvements for the Jersey 48
Boulevard Railroad Crossing which have been Completed in an
acceptable manner, authorize the City Engineer to file a Notice of
Completion, and authorize the City Clerk to release the Faithful
Performance Cash Security in the amount of S50,000.00.
RESOLUTION NO. 94-012 49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR THE JERSEY
BOULEVARD RAILROAD CROSSING AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
18. Approval to release Maintenance Guarantee Bond for Milliken 50
Avenue-Banyan Street Landscaping and Storm Drain
Improvements associated with Tracts 13748, 13857 and 13858
located at the southwest corner of Milliken Avenue and Banyan
Street.
19. Approval to accept the Milliken Avenue Bike Route and Base Line 51
Road Bike Lane, Phase 1, Contract No. CO 93-029, as Complete,
Retain Bond and authorize the City Engineer to file a 'Notice of
Completion ' and approve the final contract amount of $1 ? ,624.36,
RESOLUTION NO. 94-013 52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR MILLIKEN AVENUE
BIKE ROUTE AND BASE LINE ROAD BIKE LANE, PHASE
1, AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
PAGE
City Council Agenda
January 19, 1994 5
20. Approval to accept the Resurfacing of Equestrian Rinks at 53
Heritage Community Park. Contract No. CO 93-042, as Complete,
Retain Bond and authorize the City Engineer to file a ~Notice of
Completion' end approve the final contract <~mount of $54,543.35.
RESOLUllON NO. 94-014 54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA. ACCEPTING
THE PUBLIC IMPROVEMENTS FOR RESURFACING OF
EQUESTRIAN RINKS AT HERITAGE COMMUNITY PARK
AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
21. Approval to accept the contract for Asphalt Overlay on Helms 55
Avenue, Lucas Ranch Road, onci Santa Anita Avenue, Contract
No. CO 93-053, as Complete, Retain Bond and authorize the City
Engineer to file a 'Notice of Completion' and approve the final
contract amount of S93,979.40.
RESOLUTION NO. 94-015 56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING
THE PUBLIC IMPROVEMENTS FOR CONTRACT FOR
ASPHALT OVERLAY ON HELMS AVENUE, LUCAS
RANCH ROAD, AND SANTA ANITA AVENUE, AND
AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
E, CONSENT ORDINANCES
The followin9 Ordinances have had public hearings at the time
of first reading. Second readings are expected to be routine
and non-controversial, They will be acted upon by the
Council at one time without discussion, The City Clerk will
read the title, Any item can be removed for discussion.
No Items Su13milled.
I
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City Council Agenda
January 19, 1994 6
F. ADVERTISED PUBLIC HEARINGS
The following items have been advertised and/or posted as
public hearings as required by law. The Chair will open the
meeting to receive public testimony.
1. CONSIDERATION TO ESTABLISH AN UNDERGROUND UTIUTY DISTRICT 57
NO. 94-01. ALONG ROCHESTER AVENUE FROM FOOTHILL
BOULEVARD TO ARROW ROUTE. USING RULE 20A FUNDS
RESOLUTION NO. 94-016 59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, FORMING
UNDERGROUND UTILITY DISTRICT NO. 94-01, ALONG
ROCHESTER AVENUE FROM FOOTHILL BOULEVARD
TO ARROW ROUTE
G. PUBLIC HEARINGS
The following items have no legal publication or posting
requirements. The Chair will open the meeting to receive
public testimony.
No Items Submitted.
H. CITY MANAGER'~ STAFF REPORTS
The following items do not legally require any public
testimony, although the Chair may open the meeting for
public input.
62
1. CONSIDERATION TO FORM YOUTH ACCOUNTABILITY BOARD
2. CONSIDERATION TO ADOPT A RESOLUTION TO REGULATE BASIC 71
TIER CABLE RATES AND RELATED EQUIPMENT COSTS AS ALLOWED
BY THE CABLE TELEVISION CONSUMER PROTECTION AND
COMPETR'ION ACT OF 1992 (Continued from October 20, 1993)
RESOLUllON NO. 93-189 73
A RESOLUTION OF THE CITY COUNCIL OF THE CrTY OF
RANCHO CUCAMONGA, CALIFORNIA. ADOPTING
PROCEDURES PERMITrING THE REGULATION OF
CABLE TELEVISION RATES FOR BASIC SERVICE AND
RELATED EQUIPMENT
PAGE
City Council Agenda
January 19, 1994 7
3. CONSIDERATION TO APPROVE A JOINT EXERCISE OF POWERS 75
AGREEMENT (CO 94-009) WITH THE COUNTY OF SAN BERNARDINO.
THE CITIES OF CLAREMONT. FONTANA. LA VERNE. RIALTO. SAN
BERNARDINO AND UPLAND FOR THE ADMINISTRATION OF A
CONSOLIDATED PROGRAM OE DESIGN AND MAINTENANCE OF THE
ROUTE 30 FREEWAY CORRIDOR BETWEEN LA VERNE AND SAN
BERNARDINO
RESOLUTION NO. 94-017 103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING
THE JOINT EXERCISE OF POWERS AGREEMENT FOR
THE ADMINISTRATION OF A CONSOLIDATED
PROGRAM OF DESIGN AND MAINTENANCE OF THE
ROUTE 30 FREEWAY CORRIDOR BE'iM/EEN LA VERNE
AND SAN BERNARDINO
I. COUNCIL BUSINESS
The following items have been requested by lhe City Council
for discussion. They are not public hearing items, although
the Chair may open the meeting for public input.
1. REQUEST BY RANCHO CUCAMONGA QUAKES BASEBALL CLUB TO
PRESENT PLANS FOR EXPANSION OF STADIUM (Continued from
December 15, 1993)
J. IDENTIFICATION OF ITEMS FOR NEXT MEETING
This is the time for City Council to identify the items they
wish to discuss at the next meeting. These items will not be
discussed at this meeting, only identified for the next
meeting.
K. COMMUNICATIONS FROM THE PUBLIC
This is the time and place for the general public to address
the City Council. State law prohibits the City Council from
addressing any issue not previously included on the Agenda.
The City Council may receive testimony and set the matter
for a subsequent meeting. Comments are to be limited to five
minutes per individual.
PAGE
,,~ City Council Agenda
January 19, 1994 8
MEETING TO ADJOURN TO EXECUTIVE SESSION TO 'DISCUSS
PERSONNEL MA'I'I'ERS.
I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, hereby
certify that a true, accurate copy of the foregoing agenda was posted on
January 13, 1994, seventy-two (72) hours prior to the meeting per
Government Code 54953 at 10500 Civic Center Drive.
January 5, 1994
CITY OF RANCHO CUCAMONGA
CITY COUNCIL MINUTES
Re,~nlar Meetin~
A, CALL TO ORDER
A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 5, 1994, in the Council
Chambers of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting
was called to order at 7:04 p.m. by Mayor Dennis L. Stout.
Present were Councilmembers: William J. Alexander, Charles J. Buquet II, Rex Gutierrez, Diane Willjams, and
Mayor Dennis L. Stout.
Also present were: Jack Lain, City Manager; Ralph Hanson, Deputy City Attorney; Jerry B. Fulwood, Deputy City
Manager; Linda D. Daniels, RDA Manager: Rick Gomez, Community Development Director; Tm'ry Smith, Park
Planning/Development Superintendent; Brad Buller, City Planner; Nancy Fong, Sr. Planner; Richard Alcorn, Code
Enforcement Supervisor; Joe O'Neil, City Engineer; Mike Olivier, Sr. Civil Engineer; Bill Makshanoff, Building
Official; Bob Dominguez, Administrative Services Dh'ector; Duane Baker, Assistant to the City Manager; Diane
O'Neal, Management Analyst II; Susan Mickey, Management Analyst I; Chief Dennis Michael, Rancho Cucamonga
Fire Protection District; Lt. Mike Ingrain, Rancho Cucamonga Police Department; and Debm J. Ariains, City Clerk.
B. ANNOUNCEMENTS/PRESENTATIONS
B 1. Councilmember Buquet stated that at the County Transportation Commission meeting today an item before
the Board was SCAG's proposal that they adopt the Regional Comprehensive Plan. He stated he had voiced
concerns that Rancho Cucamonga would have to give up local control in planning and regional issues to other areas
that are currently having their own problems if this was adopted.
C. COMM1JNICATIONS FROM THE PIIBLIC
No communication was made from the public.
D. CONSENT CALENDAR
Jack Lain, City Manager, asked that the Addendum Item DI0 be pulled from the agenda and come back at the January
19, 1994 meeting.
City CouncilMinutes
January5, 1994
Page 2
D1. Approval of Minutes: December 15, 1993
D2. Approval of Warrants, Register Nos. 12/8/93, 12/15/93, and 12/21/93; and Payroll ending 12/2/93 for the
total amount of $457,931.07.
D3. Approval to appropriate $5,000.00 from Fund Balance into the Vehicle Depreciation and Replacement
Account 01-4647-3931 for repair of damaged City Water Truck.
D4. Approval of a Resolution to enter into a Lease/Purchase Agreement (CO 94-001) with Municipal Services
Group lncotpomted.
RESOLUTION NO. 94-001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE LEASE/PURCHASE OF
EQUIPMENT THROUGH MUNICIPAL SERVICES GROUP, INCORPORATED
D5. Approval of Environmental Initial Study Pan I and II for the proposed construction of the Adult Sport Park
Expanded Parking Lot Project located at 8287 Rochester Avenue.
RESOLUTION NO. 94-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ENVIRONMENTAL INITIAL
STUDY AND ISSUANCE OF A NEGATIVE DECLARATION FOR THE ADULT
SPORTS PARK EXPANDED PARKING LOT PROJECT LOCATED AT 8287
ROCHESTER AVENUE
D6. Approval to appropriate $315,673.00 from Deferred Revenue Account No. 22-236 and place it in Systems
Development Fund Account Numbers 22-4637-92-06 ($104,891.00) and 22-4637-9205 ($209,782.00) for the
construction of the Rochester Avenue and Banyan Street Improvement Project located north of Highland Avenue.
D7. Approval to award and authorization for execution of contract (CO 94-002) for Rochester Avenue and
Banyan Street Improvement Project, located north of Highland Avenue and LMD-6 Landscape Improvements to
Kruze and Kruze Construction and Engineering, Incorporated, for the amount of $464,673.00 ($422,430.10 plus
10% contingency) to be funded from Systems Development Account Nos. 22-4637-9206 ($104,891.00) and 22-4637-
9205 ($209,782.00) and S.B. 140 ($150,000.00).
D8. Approval to award and authorization for execution of contract (CO 94-003) for Ninth SU'eet Waterline
Improvement Project located from Vinmar to Sierra Madre Avenues, to C.P. Construction Company, Incorporated,
for the amount of $24,887.50 ($22,625.00 plus 10% contingency) to be funded from CDBG Funds, Account No. 28-
4333-9121. PULLED FOR DISCUSSION BY COUNCILMEMBER GUTIERREZ.
D9. Approval to award and authorization for execution of a Professional Services Agreement (CO 94-004)
between the City of Rancho Cucamonga and Williamson and Schmid, to prepare design plans, specifications and
estimates for the Arrow Route Storm Drain Portion of the Milliken Avenue Extension from Foothill Boulevard to
Arrow Route, for $49,000.00 plus 10% contingencies to be funded by Arterial Measure I, Account No. 32-4637-
9328.
City Council Minutes
January 5, 1994
Page 3
" .... ~'^-'-~'-^:-^' ITEM CONTINUED TO JANUARY 19, 1994.
MOTION: Moved by Buquet, seconded by Alexander to approve the staff recommendations in the staff reports
contained in the Consent Calendar with the exception of Items D7 and D10. Motion carded unanimously, 5-0.
DISCUSSION OF ITEM D7. Approval to award and authorization for execution of contract
(CO 94-002) for Rochester Avenue and Banyan Street Improvement Project, located north of
Highland Avenue and LMD-6 Landscape Improvements to Kruze and Kruze Construction and
Engineering, Incorporated, for the amount of $464,673.00 ($422,430.10 plus 10%
contingency) to be funded from Systems Development Account Nos. 22-4637-9206
($104,891.00) and 22-4637-9205 ($209,782.00) and S.B. 140 ($150,000.00).
Councilmember Gutierrez stated that on the agenda it mentions the Landscape Maintenance District that this project
on Rochester and Banyan entails, and was wondering if any of the funding at all to improve that area come out of
that LMD. He asked what the Systems Development Account was.
Joe O'Neil, City Engineer, stated that the Systems Development Account is the developer fees that are received by
the City for transportation purposes, i.e., signals and things like thaL He staled they are development impact fees.
Mayor Stout stated originally money from the developer that developed the Caryn project was put into a trust or
escrow account for this purpose, but that the City wasn't ready to construct the road at that time, and is now ready to
draw from those funds.
Joe O'Neil, City Engineer, stated that is correct.
MOTION: Moved by Gutierrez, seconded by Williams to approve Item D7. Motion carTied unanimously, 5-0.
Jack Lain, City Manager, further stated that it is in the Systems Development Fee even though it is in a trust
account because that is the proper account from which the street is to be funded. He stated there is no money in the
Systems Account except for this trust because there has not been that much development.
E. CONSENT ORDINANCEg
No items were submitted.
F. ADVERTISED PUBLIC HEARINGS
FI. CONSIDERATION OF DEVELOPMENT REVIEW 93-13 - WESTERN PROPERTIES - Consideration
of an appeal of the Planning Commission's decision to deny the design review of elevations for Building X, a 5,350
square foot retail building within the Terra Vista Town Center, located at the northeast comer of Foothill Boulevard
and Haven Avenue, in the Community Commercial District - APN: 1077-421-70. (Continued from
December 1, 1993)
City Council Minutes
January 5, 1994
Page 4
Mayor Stout stated he had requested that a Subcommittee of the Council work on this matter in order to resolve the
differences of opinion. He continued by stating he and Councilmember Willjams worked as the Subcommittee and
met with staff and representatives from Western Properlies and have worked out the differences of opinion.
Mayor Stout opened the meeting for public heating. Addressing the City Council was:
Richard Major, Westem Properties, stated he appreciated the work the Council has done in order to resolve
the issues for this project.
Councilmember Gutierrez asked what compromises were made.
Mayor Stout explained what Western Properties has done to satisfy the Subcommittee's expectations for this project.
Mr. Major concurred with Mayor Stout's comments.
There being no further response, the public hearing was closed.
Councilmember Alexander stated he is glad there is an agreement on this matter.
Councilmember Willjams felt the changes that were made have really made the difference for the project.
RESOLUTION NO. 94-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, UPHOLDING THE APPEAL AND APPROVING
DEVELOPMENT REVIEW NO. 93-13, THE DESIGN REVIEW OF ELEVATIONS
FOR BUILDING X, A 5,350 SQUARE FOOT RETAIL BUILDING WITHIN TERRA
VISTA TOWN CENTER, LOCATED AT THE NORTHEAST CORNER OF
FOOTHILL BOULEVARD AND HAVEN AVENUE IN THE COMMUNITY
COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1077-421-70
MOTION: Moved by Buquet, seconded by Alexander to grant the appeal as modified based on Western Properties'
discussions with the City Council Subcommittee, and approving Resolution No. 94-003. Motion earned
unanimously, 5-0.
F2. CONSIDERATION TO MODIFY ENTERTAINMENT PERMIT 91-02 - SAM'S PLAC~ - Consideration
of an appeal of the Planning Commission's decision to deny a modification to an entertainment permit for adding
entertainment on Sunday and expanding the entertainment to allow a live band, disc jockey, and karaoke in
conjunction with a restaurant and bar, located at 6620 Carnelian Street in the Neighborhood Commercial District -
APN: 201-811-56 through 60. Staff report presented by Nancy Fong, St. Planner. She commenPat on three
handouts distributed to the Council, and stated one of them was page 115 in the agenda packet modifying Resolution
No. 93-004.
Councilmember Gutierrez stated he felt he had a conflict of interest on this matter and left the room until the item
concluded.
City Council Minutes
January 5, 1994
Page 5
Mayor Stout opened the meeting for public hearing, allowing the appellant to give their comments first:
John Mannerino, 9333 Base Line #110, representing Sam Pellegrino, advised the Council he felt the
problem with this establishment was the location. He continued to quote comments made by Planning
Commissioner Tolstoy when this item was heard before the Planning Commission. He did not feel the
Pellegrino's should be tried for their abuse of the permit at this hearing. He stated the item before the
Council is the modification to the entertainment permit. He stated he did not think they should be
penalized just because they did not come in for their permit prior to starting the new entertainment. He felt
live bands should be considered separately from DJ's and Karaoke entertainment.
Mayor Stout commented on a previous condition of approval about the landscaping and parking battiers that have
been removed from this location and asked why.
John Mannerino stated that it was done by the landlord, not the Pelleg~no's. He continued to state that the
neighbors near the shopping center have not made complaints directly to the Pellegrino's.
Mindy Kennedy Seely, 6633 Amberwood, stated she had never heard complaints about Sam's Place and felt
Mr. Pellegrino had every right to have his business at the existing location.
Rob Cavasas, 1251 Upland Hills Drive, stated he likes going to Sam's Place and felt it was a great place to
go to. He hoped that the Council granted the permit to Sam's.
Frank SIeves, 8344 Mandarin, stated he is happy that Sam's Place is there. He stated he takes part in the
Karaoke and felt Sam's Place should be granted the perraiL
Matthew Seely, 6633 Amberwood, did not think the noise could be bothering the residents to the west and
felt the noise was traveling to the south down to 19th SireeL He felt the band noise could be controlled by
amplification through the owner's monitoring of the situation. He stated he did not think the noise was a
problem.
Patxicia Gibson, 7040 Archibald, felt it was a safe place and that Sam did police his establishment. She felt
Sam's Place was an asset to the City.
John Wood, 11408 Mr. Johnson, stated he felt comfortable at Sam's Place because it was a safe
establishment and did not think he had anything against the law there.
Louetla G. Simms, also speaking for her husband Hugh Harrison, 6632 Topaz, stated the noise does travel
west to her street. She did not think Sam's Place should be located so close to a residential neighborhood.
She stated she moved to Rancho Cucamonga from Los Angeles because of the quality of life here. She
stated she does not feel Sam is a good neighbor. She continued commenting that she has been awakened by
noise from Sam's Place.
Robert Cridland, 9280 Highland, stated he did not think Sam's Place was a detriment to the community.
He did not think this establishment was offensive.
Joe Fayis, 6611 Topaz, stated he agreed with the opening remarks made by Mr. Mannerino, that the
problem with Sam's Place is the location. He felt there was a lot of noise that goes into the neighborhoods
around there. He felt before the business is expanded, that the problems that are currently existing should
be dealt with.
City Council Minutes
January 5, 1994
Page 6
Sam Pellegrino, owner of Sam's Place, stated Richard Alcom has never written him up to warn him of any
problems. He stated John Melcher is going around telling his potential landlord that he is a bad person and
should not get involved with him. He pointed out there are other violations in the City and presented
pictures for the Council to look at.
Randy Delaney, of Rancho Cucamonga, stated he felt Sam's Place has deviated from its o~iginal permit in
order to do more business. He hoped that the Council would back the Planning Commission.
Robert Cridland stated he has never seen broken bottles laying around from Sam's Place. He asked that the
Council treat this issue fairly.
John Mannerino stated the question is if the use that Mr. Pellegrino wants is acceptable for his location.
He felt if approved, they could do it with the City's satisfaction by monitoring the situation.
There being no further response, the public heating was closed.
Mayor Stout stated he has been struggling with this location since 1982. He told about everything that has been
tried to limit the problems at this location. He continued to give the history of the establishment. He felt this
establishment would be a good business if it was located on Foothill Boulevard.
Councilmember Alexander stated he voted in favor of Sam's Place at the last hearing and thought he was a good
businessman. He did not feel the modification to the permit should be granted this time.
Councilmember Buquet stated he did not see any comparison between Sam's Place and Backwaters. He stated he felt
the City has tried to accommodate this business. He stated he feels that the sound carries from Sam's Place. He
stated he is opposed to expanding the permit. He felt the City should work with Sam's Place and try to assist them
in every way possible. He stated he felt the location was the problem.
Councilmember Williams asked Mr. Pellegrino to continue to monitor what goes on outside because of the noise
problem. She stated she is not in favor of expanding the permit.
RESOLUTION NO. 94-004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S DECISION TO DENY A MODIFICATION TO
ENTERTAINMENT PERMIT 91-02 FOR ADDING ENTERTAINMENT ON SUNDAY
AND EXPANDING THE ENTERTAINMENT TO ALLOW A LIVE BAND, DISC
JOCKEY, AND KARAOKE IN CONJUNCTION WITH A RESTAURANT AND BAR,
LOCATED AT 6620 CARNELIAN STREET IN THE NEIGHBORHOOD
COMMERCIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 201-811-56THROUGH 60
MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 94-004, but striking the Kamoke
prohibition. Motion carried4-0-0-1 (Gutierrez abstaining).
Mr. Pellegrino asked if the Council wanted him to move from Sam's current location.
Councilmember Buquet stated they are not asking him to move.
City Council Minutes
January 5, 1994
Page 7
Mr. Pellegrino stated he is not moving the existing Sam's Place, but wanted to open a second location at
Foothill and Rochester. He added he did not think his landlord would be happy when he asked him to break
his lease.
Mayor Stout called a recess was taken at 8:47 p.m. The reconvened at 9:04 p.m. with all Councilmembers present,
Councilmember Buquet commented that the karaoke would still need to be monitored at Sam's Place and that
Pellegrino should meet all conditions as previously approved.
Brad Buller, City Planner, stated that once the Resolution is signed staff will send Mr. Pellegrino a copy of it, and
indicate to him where he is in violation with his current entertainment, as well as the original CUP and the security
of the parking. He stated they would also tell Mr. Pellegrino if after 30 days he does not come into compliance, this
would be due cause for legal action.
G. PUBLIC HEARINGS
No items were submitted.
H. CITY MANAGER'S STAFF REPQRT.S
HI. CONSIDERATION OF 1994 STATE LEAGUE DUES Staff report presented by Jack Lam, City Manager.
MOTION: Moved by Alexander, seconded by Buquet to concur with the increase. Motion carried unanimously, 5-0.
I. COUNCIL BUSINESS
No items were submitted.
.I. IDENTIFICATION OF ITEMS FOR NEXT MEETING
Jl. Mayor Stout stated he would like for the adoption of the City Seal to come back for the Council to
approve.
K. COMMUNICATIONS FROM THE PUBLIC
No communication was made from the public.
City CouncilMinutes
January5,1994
Page 8
MOTION: Moved by Alexander, seconded by Buquet to adjourn to Executive Session to discuss personnel matters
and pending litigation, Gentry Brothers vs City of Rancho Cucamonga. Motion carried unanimously, 5-0. The
meeting adjourned at 9:10 p.m.
Respectfully submitted,
Debra J. Adams, CMC
City Clerk
Approve, d:
RUN O~TE: [Z/Z:~/~ PA~: ~
CITY OF RANCHO CU
LIST QF MARRI
FOR PERZOO: Ol (93/94)
CITY OF IANCHO CUCANONGA
LiST OF MARRAMTS
FOR PERZQOt 01-05-96
FOR PERLOD: Ol- -94 (93194)
RUN DATET 01/0519~ PIGEZ I
VESOOe NiNE ZTEN DESCRiPTiON UARR NO #AeR. ANT.
· $ CNECKI OVERLAP
692 SIR SPEEDY FAXES R3069 95,80
I]ZT $NART L FINAL DAY CANP SUPPLIES I 83070 19.09
319 SQ CALTF GAS CO. NONTNLT GAS DILLS 83071 13.1~
<(( D3OTZ - 8301Z >>>
ORIGINAL
CITY OF RANCHO CUCA1VIONGA
STAFF REPORT
DATE: January 19, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Hanager
FROM: William J. O'Neil, City Engineer
BY: Linda Beek, Jr. Engineer
SUBJECT: AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR
THE HELLMAN AVENUE AT NINTH STREET IMPROVEMENT PROJECT, TO BE
FUNDED FROM STREET REHABILITATION, ACCOUNT NO. 09-4637-9304
IIECOIENDATIOM:
It is recmmnended that City Council approve plans and specifications for
the Hellman Avenue at Ninth Street Improvement Pro(ect and approve the
attached resolution authorizing the City Clerk to advertise the "Notice
Inviting Bids".
BACKGROUND/ANALYSIS
The subject project plans and specifications have been completed and
reviewed by staff and approved by the City Engineer. The Engineer's
estimate for construction is $41,71B.00. Legal advertising is scheduled
for January 24, and January 31, 1994, with the bid opening at 2:00 P.M. on
Tuesday, t4arch 15, 1994.
Respectful 1 y submttted,
/
~lll iamCa. 0'Nei~
City Engineer
WJ0:LB:ly
Attachment
cc: Purchasin9
RESOLUTION NO. ~- ~.~L~P
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RAJ~CHO
CUCA/4ONGA APPROVING PLANS AND SPECIFICATIONS FOR THE
"HELLMAN AVENUE AT NINTH STREET IMPROVEMENTS" IN ~ID
CITY AND AJJTHORIZING 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 Cucamenga has prepared plans and
specifications for the construction of certain improvements.
NOW, THEREFORE, BE IT RESOLVED that the plans and specifications
presented by the City of Rancho Cucamonga be and are hereby approved as the
plans and specifications for "Hellman Avenue at Ninth Street Improvements".
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 the said City of Rancho Cucamenga will receive at the Office of the
City Clerk in the offices of the City of Rancho Cucamenga, on or before the
hour of 2:00 o'clock P.M. on the 15th day of March, 1994, sealed bids or
proposals for the "Hellman Avenue at Ninth Street Improv~nts", in said City.
Bids will be opened and publicly read inm~edlately in the office of the
City Clerk, 10500 Civic Center Drive, Rancho Cucamenga, California 91730.
Bids must be made on a form provided for the purpose, addressed to the
City of Rancho Cucamonga, California, marked, "Bid for Construction of Hellman
Avenue at Ninth Street Improvements".
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 perforn~d, 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, upper level, Rancho Cucamonga, California, and are available to any
interested party on request. The Contracting Agency also shall cause a copy
11
of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga,
twenty-five dollars ($25.00) 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 hereinbefore
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.
In accordance with the provisions of Section 1777.5 of the Labor Code as
amended by Chapter 971, Statutes of 1939, and in accordance with the
regulations of the California Apprenticeship Council, properly indentured
apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of
the Labor Code concerning the empl o~n~ent of apprentices by the Contractor or
any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor
employing tradesmen in any apprenticeable occupation to apply to the joint
apprenticeship committee nearest the site of the public works 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 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
con~nittee has exceeded an average of 15 percent in the 90 days prior to
the request for certificate, or
B. When the numper 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 program i f he employs registered
apprentices or Journeymen in any apprenticeable 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.
Inforn~tion relative to apprenticeship standards, wage schedules, and
other requirements may be obtained from the Director of Industrial Relations,
ex-offtcto the Administrator of Apprenticeship, San Francisco, Call fornia, 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 doll ars ($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 heretnbefore mentioned, for each calendar day during
which said laborer, workman, or mechanic is required or permitted to labor
mere 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
agreements filed in accordance with Labor Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's check, certi fled
check, or bidder's bond, payable to the City of Rancho Cucamenga for an amount
equal to at least ten percent (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,
cashier's 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 one hundred percent (100%) of the contract
price thereof, and an additional bond in an amount equal to fifty percent
(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 saldwork.
No proposal will be considered from a Contractor whom a proposal form has
not been issued by the City of Rancho Cucamonga.
Contractor shall possess a Class "A" License (General Engineering
Contractor) in accordance with the provisions of the Contractor's License Law
(Call fornia Business and Professions Code, Section 7000 et. seq.) and rules
and regulations adopted pursuant thereto at the time this contract is awarded.
The work is to be done in accordance with the profiles, plans, an4
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,
will be furnished upon application to the City of Rancho Cucamonga and payment
of $35.00 said $35.00 is nonrefundable.
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 nonreimbursable payment of
$15.00 to cover the cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract
satisfactory to the City of Rancho Cucamenga.
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, California, reserves the right to reject
any and all bids.
By order of the Council of the City of Rancho Cucamonga, California.
Dated this lgth day of January, 1994.
PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga,
California, this 19th day of January, 1994.
Nayor
ATTEST:
City Clerk
ADVERTISE ON: January 24, 1994 and January 31, 1994
14
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO:. Mayor and Members of the City Council
FROM: Linda D. Daniels, Redevelopment Manager
SUBJECt: APPROVAL FOR CITY SEAL DESIGN
RECOMMENDATION: Approve the f'mal City Seal design.
BACKGROUND: The City Council has directed the development of a City seal
which has been coordinated through the Marketing Subcommittee. The
seal will be used when developing official City documents. The seal will
not replace the City's logo.
ANALYSIS: The attached Exhibit is a reduction of the artwork showing the
design of the City seal. The seal can be duplicated in both color and black
and white. The seal will be kept in the City Clerk's office for official use
only.
Respectfully submitted,
Linda D. Daniels
Redevelopment Manager
attachment: City Seal design
Class
16
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO: Mayor and Members of the City Council
FROM: Susan Mickey, Management Analyst I
SUBJECT: EXTENSION OF COMCAST CABLE T.V. FRANCHISE
RECOMMENDATION
Adoption of Resolution 91-012-O extending Comcast's Franchise License for 90 days.
BACKGROUND
The City staff would appreciate the opportunity to continue the negotiations with Corncast
to ensure that every opportunity has been made available to Comcast to obtain a Franchise
License.
Respectfully submitted,
Susan Mickey
Management Analyst I
SM:dk
Attachment
A RESOLUFION OF ~ UrAY ~, OF M CA'A~ OF PAN(~K)
FRAN(~{ISE LICENSE Wl'iH OZMCAST CA~.~ T.V. FC~ 90 DAYS
UPC~ EXPIRA_mIC~ OF CURR/~IT T.TC2NSE WI'AMIN ~ UA'A~ OF
~R~EAS, the Franchise License grar~a to Ccecast Cable T.V. by the
County of San Bernard~ and qA-andfathered into the City of Rancho n~monga
will e~pire o~ January 23, 1994; and
~{EREAS, negotiations are ongoing het~--~_n the City of Ran~bo
O~-~m~ ar~ Cc[~ ~hle T.V.; ar~
~}~EAS, all terms and conditions of the current license will
NOW, E, the City Oouncil of the City of Rancho n~mnnga does
hereby resolve to e~ the Fr~ License for 90 days after the
expiration of the current County of San Bernardino Liceme.
18
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Will lam J. O'Neil, City Engineer
BY Lucinda E. Hackett, Associate Engineer
SUBJECT: APPROVAL TO A. DPROPRIATE AND EXPEND $30,000 FOR THE INSTALLATION
OF A TOUCH PAD LIGHTING CONTROL SYSTEM AT REDHILL AND HERITAGE
COt~4UNIIY PA~S, TO BE FUNDED FRObl PD-8S REDHILL AND HERITAGE
REDEMPTION FUND, ACCOUNT NO. 90-4637-9222
RECOIIIEMOATIOI
It is recoemnended that the City Council approve the appropriation and
expenditure of $30,000 for the Installation of a Touch Pad Lighting Control
System at Redhill and Heritage Community Parks.
BACXGROUND/ANALYSIS
The funds for the installation of the touch pad lighting control system at
Redhill and Heritage Community Parks were budgeted for in the 92/93 FY. Due
to the fact that estimates for this project can~ in much higher than the
amount budgeted, the project could not be completed during the g2/g3 FY. The
project can now go forward because additional funding was received from the
bond refinancing of PD-BS that occurred May 1, 1993. The project is due to
begin construction the first week of February and be completed by the
beginning of March.
Respectfully submitted,
Will iam J. O'Nell
City Engineer
WJO:LEH:dlw
CITY OF RANCHO CUCAMONGA -.
STAFF REPORT
.!.,
DATE: January 19, 1994
TO: Mayor and Members of the City Council
FROM: Susan Mickey, Management Analyst I
SUBJECT: APPROVAL OF A RESOLUTION ALLOWING THE ISSUANCE BY
MARKS GROUP, INC. OF $30 MILLION OF EQUITY CAPITAL TO
INSTITUTIONAL INVESTORS
BACKGROUND:
At its November 17, 1993 meeting, the City Council approved the
purchase of the Scott Cable Franchise by DCA Cablevision and the
appointment of The Marks Group, Inc. as the managing general
partner of DCA Cablevision. A financing plan whereby The Marks
Group would obtain approximately $28.5 million in new equity was
proposed. The specific terms of that plan have now been
consummated. According to Title 7, section 7.02.100 A and B,
certain financial and background documentation is required to be
provided to the City any time there is a change of control or
ownership.
ANALYS 18 / BACKGROUND:
The Marks Group now expects the actual amount of equity financing
to be $30 million which will be held by Providence Media Partners,
L.P. These are well-known and long-standing investors who have
successful track records in investing in the cable tv industry.
The new investor group will own a majority of the stock in The
Marks Group. However, Mr. William Marks Sr. will continue as
chairman of The Marks Group and will be responsible for the day to
day management of The Marks Group and DCA cable systems.
The documentation has been reviewed by the City Attorney's office
and found to be in compliance with the requirements of Title 7.
Respectfully Submitted,
Susan Mickey
Management Analyst I
RESOLUTION NO. 84- (~)(]D 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING THE ISSUANCE BY THE
MARKS GROUP, INC, OF $30 MILLION OF EQUITY CAPITAL TO
INSTITUTIONAL INVESTORS
WHEREAS, DCA Cablevision, a California general partnership ("DCA"), owns and
operates a cable television system (the "DCA System") in the City of Rancho
Cucamonga, California (the "City") pursuant to that certain cable television franchise
agreement dated April 17, 1985 heretofore entered into by and between the City and
DCA (the "DCA Franchise"); and
WHEREAS, effective upon the closing date of the proposed purchase of the cable
television system operated by $cotl Cable Communications, Inc. (the "Scott Cable
$ysterfl") in the City, DCA will appoint The Marks Group, Inc. ("TMG") to be the
managing general partner of DCA In place of West Coast Cable Partners, Ltd.
("WCCP"); and
WHEREAS, the City has previously granted its consent to the appointment and
substitution of TMG for and in place of WCCP as the managing partner of DCA; and
WHEREAS, in order to complete the purchase of the Scott Cable System, TMG will
obtain approximately $30 million of additional equity capital from certain institutional
investors (the "Institutional Investors"); and
WHEREAS, the Institutional Investors will collectively own a majority of the capital
stock of TMG; and
WHEREAS, William J. Marks will remain chairman and chief executive officer of TMG
and will retain day-to-day operating control of the DCA System, the Scott CaDle
System and the DCA Franchise through a management agreement with DCA; and
WHEREAS, all legal preconditions to the adoption of this Resolution have been
fulfilled;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho
Cucamonga that:
1. In all respects, as set forth in the Recitals, Part A.
2. On the basis of the oral and written testimony presented to the City
21
Council by DCA and the City staff, which testimony is hereby incorporated herein by
reference as if fully set forth herein, the City Council concludes that, pursuant to
Section 7.01.100B of Title 7 of the Rancho Cucamonga Municipal Code, it has been
demonstrated to the satisfaction of the City Council that, with respect to both the
issuance of equity capital to the Institutional Investors:
A. No person with a defined interest in OCA, including DCA's officers, directors,
employees, prospective principals or those with either a legal or equitable
interest In five (5) percent or more of DCA's voting stock:
(i). Has been convicted or held liable for acts involving moral turpitude
or is presently under an indictment, investigation or complaint charging
such acts;
(li). Has ever had a judgment or an action for fraud, deceit or
misrepresentation entered against such person(s) by a court of
competent jurisdiction; or
(iii). Has pending any legal claim, lawsuit or administrative proceeding
arising out of or involving a cable system.
B. The financial statements audited, certified and qualified by an Independent
certified public accountant show that DCA will, upon and Immediately after its
acquisition of the Scott Cable System, be financially solvent.
C. DCA will have appropriate financial and technical capabilities to enable it to
maintain and operate both the DCA System end the Scott Cable System for the
remainder of the term of the DCA Franchise.
3. The City, after due consideration, hereby ConSents to and approves the
issuance of equity capital to the Institutional Investors,
4. In the event that DCA does not purchase and acquire the Scott Cable
System on the Closing Date, as approved herein, then this Resolution shell terminate
and cease to be of any further force or effect without further act of the City Councfi,
and the DCA Franchise and the Scott Cable Franchise shall in that event continue in
full force and effect.
5. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this '1 9th day of January, 1994.
CITY OF RANCHO CUCAMONGA ~--~
STAFF REPORT I' ,
DATE: January 19, 1994 ..
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Rick Gomez, Community Development Director
BY Will lam J. O'Neil, City Engineer
SUBJECT: APPROVAL OF AGREEMENT FOR PAYMENT OF FEES FOR PARCEL MAP
13724, LOCATED ON ll4E SOUTH SIDE OF FOOTHILL BOULEVARD,
BETWEEN INTERSTATE 15 AND ETIWANDA AVENUE, SUBMITTED BY
FOOTHILL MA~ETPLACE PARTNERS
REC(MeENDATION
It is recommended that the City Council approve the subject agreement by
Foothill Marketplace Partners and direct staff to continue processing the
subject development.
BACI(GROUND/AMALYSTS
Parcel Map 13724, located on the south side of Foothill Boulevard,
between Interstate 15 and Etiwanda Avenue in the Regional Related
Commercial and Light Industrial Designations of the Foothill Boulevard
Specific Plan (Subarea 4), was approved by the City Council on November
6, 1991. Price Club, Walmart, and other uses are open to the public.
The developer is continuing with the remainder of his site. The
developer has also formed an assessment district for his site to assist
in the funding of the public improvements. With this assessment district
there are funds available to pay the Transportation and Drainage fees
required of the remaining parcels. However, since the district is not
presently funded and the developer desires to obtain additional building
permits, the developer is submitting an agreement from their bank w~Ich
insures payment of fees.
This document is from Tokai Bank of California on behalf of Foothill
Marketplace Partners. Funds are set aside in an account for the
Transportation and Drainage fees. These funds may only be withdrawn with
permission by the City and any funds requested by the City shall not be
withheld. Should the assessment district fail to fund, these funds would
immediately be requested by the City.
CITY COUNCIL STAFF REPORT
P M 13724 - FOOTHILL NA~KETPLACE PARTNERS
JANUARY 19, 1994
PAGE 2
Staff therefore recommends the City approve by minute action the
agreement and direct staff to continue processing the subject
devel opmen t.
px~ l~
R f
es t u t
JO:~nG~~/~liD~ev~elopment Director
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Will Jam J. O'Neil, City Engineer
BY: Linda R. Beek, Jr. Engineer
SUBJECT: AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR VINMAR
AVENUE FROM NINTH STREET TO CHAFFEE STREET ALLEY IMPROVEMENT
PRO~ECT TO IPS SERVICES, INC., FOR THE AJ~OUNT OF $85,897.00
($78,088.39 PLUS 10% CONTINGENCY), TO BE FUNDED FROM CDBG
ACCOUNT NO. 28-4333-932Q.
IECOI~[NOATION:
It is recommended that the City Council accept all bid proposals as received,
award and authorize execution of contract for Vtnmar Avenue Improvement
Project to the lowest responsive bidder, IPS Services, Inc., for the amount of
$78,088.39 and authorize the Administrative Services Director to expend
$85,897.~ ($78,0~.39 plus 1~ contingency) to be funded from CDBG Fund
kcount No. 28-4333-932g.
B~G~/~YSIS
Per previous Council action, bids were solicited, r~eiv~ and opened on
Oeceber 22, 1993, for the subject proj~t. IPS Servlces, Inc., ts the
apparent lowest responsive bidder with a bid amount of $78,0~.39 {see
attached bid sMary). ~e Englneer's estimate was $89,484.00. Staff has
revlew~ all bids rKe~v~ and found the to be cmplete and In accordance
with the bid requireents. Staff has completed the required background
investigation and finds al1 bidders to ~et the requirments of the bid
documents.
Respectfully submlttM,
Wtll tam J. O'Neil
City Engineer
WJO:L~:ly
Attachmen t
CITY OF RANClIO CUCAMONGA
SUMMARY OF PROPOSALS
VINMAR AVENUE
DATE: DECEMBER 22, 1993
Engineer's Estimate LP.S. Services, Inc. Sully-Miller Cent. Co.
Item Item Unit of Eslimated Unit Original Unit Amount Unit Amount
No. Description Measure Quantity Prices Authorized Prices Bid Prices Bid
I. Clearing and Grubbing L.S I $6,500.00 $6,500.00 $4,565.00 $4,565.00 $2,200.00 $2,200.00
2. Remove A.C. Pavement SF 23,968 $0.25 $5,992.00 $0.18 $4,314.24 $0.25 $5,992.00
3. Misc. P.C.C. Removal CY 4,137 $2.50 $10,342.50 $0.55 $2,275.35 $0.30 $1,241.10
4. Unclassi~ed Excav. & Fill CY 765 $7.00 $5,355.00 $9.50 $7,267.50 $14.50 $11,092.50
5. Remove Tree EA 2 $180.00 $360.00 $500.00 $1,000.00 $250.00 $500.00
6. Relocate M.B. EA 9 $100.00 $900.00 $75.00 $675.00 $125.00 $1,125.00
New M.B. on 4"x4" Post EA 3 $125.00 $375.00 $145.~0 $435.00
7. Adj Valve Can & $0.00 $0.00 $0.00
&Cover to Grade EA I $95.00 $95.00 $25.00 $25.00 $910.00 $910.00
8. Crushed Aggregate TON 514 $15.00 $7,710.00 $16.50 $8,481.00 $10.40 $5,345.60
10. A.C. Pavement 3" TON 386 $30.00 $ l 1,580.00 $26.00 $10,036.00 $27.70 $10,692.20
11. A.C. Dike LF 25 $9.75 $243.75 $26.00 $650.00 $40.00 $1,000.00
12. Curb Side Drain Outlet EA 2 $1,000.00 $2,000.00 $1,850.00 $3,700.00
13. 8" P.C.C. Curb & $0.00 $0.00 $0.00
24" Gutter LF 851 $11.10 $9,446.10 $8.00 $6,808.00 $9.00 $7,659.00
14. 6" PCC Dr. Approach SF 2,966 $3.00 $8,898.00 $2.25 $6,673.50 $2.30 $6,821.80
15. 4" PCC S.W.. Walkway & D.A. SF 6,527 $1.60 $10,443.20 $1.60 $10,443.20 $1.60 $10,443.20
16. PC Wheelchair Ramp EA 2 $381.25 $762.50 $465.00 $930.00 $290.00 $580.00
17. Adj. WM to Grade EA 7 $50.00 $350.00 $25.00 $175.00 $45.00 $315.00
18. 8" P.C.C. Mow Slxip LF 47 $8.60 $404.20 $I8.80 $883.60 $10.25 $481.75
19. 4' Chain Link Fence LF 200 $10.00 $2,000.00 $10.50 $2,t00.00 $10.00 $2,000.00
20. Trenching & Back_f'dl LF 650 $6.00 $3,900.00 $5.90 $3,835.00 $5.50 $3,575.00
21. Insft. Sod/Soil Prep/Fine Grading SF 450 $1.60 $720.00 $2.00 $900.00 $3.00 $1,350.00
22. I Gal Shrub "Texas Privet" EA 58 $5.00 $290.00 $7.00 $406.00 $9.00 $522.00
23. 15 Gal Tree "Liquid Amber" EA 2 $100.00 $200.00 $160.00 $320.00 $250.00 $500.00
24. Mexican Fan Palm 12' Min. EA 1 $900.00 $900.00 $600.00 $600.00 $1,550.00 $ 1,550.00
25. Traffic Conlxol LS I $1,000.00 $1,000.00 $1,950.00 $1,950.00 $600.00 $600.00
26. Traf, StripingfSigning~Iydr. Mark LS I $800.00 $800.00 $400.00 $400.00 $800.00 $800.00
$89,192.25 $78,088.39 $81,431.15
Page 2
J.E.G. CONST. CO., INC. LAIRD CONST. CO. OLAll EQIPMENT CO.
Item Item Unit of Estimated Unit Amount Unit Amount Unit Amount
No. Desc~'iption Measure Quantity Prices Bid Prices Bid P~-ices Bid
1. Clearing and Grubbing L.S i $6,550.00 $6,550.00 $6,400.00 $6,400.00 $3,300.00 $3,300.00
2. Remove A.C. Pavement $F 23,968 $0.24 $5,752.32 $0.17 $4,074.56 $0.29 $6,950.72
3. Misc. P.C.C. Removal CY 4,137 $1.10 $4,550.70 $0.56 $2,316.72 $0.80 $3,309.60
4. 1Jnclassified Excav. & Fill CY 765 $10.00 $7,650.00 $5.35 $4,092.75 $12.00 $9,180.00
5. Remove Tree EA 2 $350.00 $700.00 $150.00 $300.00 $150.00' $300.00
6. Relocate M.B. EA 9 $100.00 $900.00 $100.00 $900.00 $120.00 $1,080.00
New M.B. on 4"x4" Post EA 3 $150.00 $450.00 $150.00 $450.00 $110.00 $330.00
7. Adj Valve Can & $0.00 $0.00 $0.00
&Cover to Grade EA I $50.00 $50.00 $75.00 $75.00 $75.00 $75.00
8. Crushed Aggregate TON 514 $17.00 $8,738.00 $20.50 $10,537.00 $11.60 $5,962.40
10. A.C. Pavement3" TON 386 $30.00 $11,580.00 $27.40 $10,576.40 $32.54 $12,560.44
11. A.C. Dike LF 25 $15.00 $375.00 $10.00 $250.00 $10.00 $250.00
12. Crab Side Drain Outlet EA 2 $280.00 $560.00 $2,300.00 $4,600.00 $1,950.00 $3,900.00
13. 8" P.C.C. Curb & $0.00 $0.00 $0.00
24" Gutter LF 851 $9.00 $7,659.00 $10.00 $8,510.00 $10.00 $8,510.00
14. 6" PCC Dr. Approach SF 2,966 $2.05 $6,080.30 $2.00 $5,932.00 $2.05 $6,080.30
15. 4" PCC S.W.. Walkway & D.A. SF 6,527 $1.55 $10,116.85 $1.43 $9,333.61 $1.60 $10,443.20
16. PC Wheelchair Ramp EA 2 $225.00 $450.00 $275.00 $550.00 $175.00 $350.00
17. Adj. WM to Grade EA 7 $50.00 $350.00 $50.00 $350.00 $45.00 $315.00
18. 8" P.C.C. Mow Strip LF 47 $9.00 $423.00 $7.70 $361.90 $7.85 $368.95
19. 4' Chain Link Fence LF 200 $14.00 $2,800.00 $32.00 $6,400.00 $11.75 $2,350.00
20. Trenching & Backfill LF 650 $6.00 $3,900.00 $6.00 $3,900.00 $9.25 $6,012.50
21. lnsd. Sod/Soil Prep/Fine Grading SF 450 $2.00 $900.00 $1.40 $630.00 $2.00 $900.00
22. 1 Gal Shrub "Texas Privet" EA 58 $10.00 $580.00 $6.50 $377.00 $8.30 $481.40
23. 15 Gal Tree "Liquid Amber" EA 2 $100.00 $200.00 $85.00 $170.00 $120.00 $240.00
24. Mexican Fan Palm 12' Min. EA I $200.00 $200.00 $500.00 $500.00 $590.00 $590.00
25. Traffic Control LS I $500.00 $500.00 $1,500.00 $1,500.00 $1,200.00 $1,200.00
26. Traf. Striping/Signing/Hydr. Mark LS I $950.00 $950.00 $770.00 $770.00 $500.00 $500.00
$82,965.17 $83,856.94 $85,539.51
Pagc 3
Eastland Const. Inc. A.L. Chaveq Enterprise Kruze & Kruze Cnnslrnction
ltem Item Unit of Estimated Unit Amount Unit Amount Unit Amuunt
No. Description Measure Quantity Prices Bid Prices Bid Prices Bid
1. Clearing and Grubbing L.S I $19,000.00 $19,000.00 $3.500.00 $3,500.00 $3,500.00 $3,500.00
2. Remove A.C. Pavement SF 23,968 $0.25 $5,992.00 $0.25 $5,992.00 $0.30 $7,190.40
3. Misc. P.C.C. Removal CY 4,137 $0.50 $2,068.50 $0.95 $3,930.15 $1.87 $7,736.19
4. Unclassified Excav. & Fill CY 765 $8.00 $6,120.00 $20.98 $16,049.70 $7.80 $5,967.00
5, Remove Tree EA 2 $100.00 $200.00 $450.00 $900.00 $430.00 $860.00
6. Relocate M.B. EA 9 $75.00 $675.00 $150.00 $1,350.00 $100.00 $900.00
New M.B. on 4"x4" Post EA 3 $150.00 $450.00 $160.00 $480.00 $125.00 $375.00
7. Adj Valve Can & $0.00 $0.00 $0.00
&Cover to Grade EA I $70.00 $70.00 $175.00 $175.00 $125.00 $125.00
8. Crushed Aggregate TON 514 $12.00 $6,168.00 $18.25 $9,380.50 $20.00 $10,280.00
10. A.C. Pavement 3" TON 386 $30.00 $11,580.00 $40.37 $15,582.82 $58.00 $22,388.00
11. A.C. Dike LF 25 $8.00 $200.00 $15.00 $375.00 $9.00 $225.00
12. Curb Side Drain Oufet EA 2 $800.00 $1,600.00 $250.00 $500.00 $3,500.00 $7,000.00
13. 8" P.C.C. Curb & $0.00 $0.00 $0.00
24" Gutter LF 851 $9.00 $7,659.00 $9.25 $7,871.75 $9.30 $7,9 14.30
14. 6" PCC Dr. Approach SF 2,966 $2.20 $6,525.20 $2.25 $6,673.50 $2.50 $7,415.00
15. 4" PCC S.W., Walkway & D.A. SF 6,527 $1.30 $8,485.10 $1.75 $11,422.25 $1.80 $11,748.60
16. PC Wheelchair Ramp EA 2 $350.00 $700.00 $450.00 $900.00 $250.00 $500.00
17. Adj. WM to Grade EA 7 $50.00 $350.00 $75.00 $525.00 $100.00 $700.00
18. 8" P.C.C. Mow Strip LF 47 $7.00 $329.00 $15.00 $705.00 $5.60 $263.20
19. 4' Chain Link Fence LF 200 $10.00 $2,000.00 $17.50 $3,500.00 $10.00 $2,000.00
20. Trenching & Backf'dl LF 650 $5.20 $3,380.00 $6.20 $4,030.00 $7.00 ' $4,550.00
21, Insd. Sod/Soil Prep/Fine Grading SF 450 $0.50 $225.00 $1.50 $675.00 $4.00 $1,800.00
22. 1 Gal Shrub "Texas Privet" EA 58 $24.00 $1,392.00 $25.00 $1,450.00 $30.00 $1,740.00
23. 15 Gal Tree "Liquid Amber" EA 2 $200.00 $400.00 $200.00 $400.00 $200.00 $400.00
24. Mexican Fan Palm 12' Min. EA I $600.00 $600.00 $600.00 $600.00 $1,200.00 $1,200.00
25. Traffic Conltol LS 1 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $3,500.00 $3,500.00
26. Ttaf. Striping/Signing/Elydr. Ma~k LS 1 $400.00 $400.00 $900.00 $900.00 $1,200.00 $1,200.00
$88,568.80 $99,867.67 $111,477.69
$99,867.73
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994 ~ ~ ~
TO: Mayor and Members of the City Council ~. ( ,~
Jack Lam, AICP, City Manager ..- )..:.
FROM: Wil' iam J. O'Neil, City Engineer
BY: Ltnda R. Beek, Jr. Engineer
SUBJECT: AWARD AND AUTHORIZATION FOR EXECUTION OF CONTP~ACT FOR TRAFFIC
SIGNALS AND SAFEl~ LIGHTING AT THE INTERSECTION OF HAVEN AVENUE
AND BANYAN STREET TO IPS SERVICES, INC., FOR THE AMOUNT OF
$202,083.0(3 ($183,712.20 PLUS 10% CONTINGENCY), TO BE F1JNDED
FROM TDA ARTICLE 8, ACCOUNT NO. 12-4637-9204
R[COII[IIDATION:
It is reconm~ended that the City Council accept all bid proposals as received,
award and authorize execution of contract for Traffic Signals and Safety
Lighting at the intersection of Haven Avenue and Banyan Street to the 1 owest
responsive bidder, IPS Services, Inc., for the amount of $183,712.20 and
authorize the Administrative Services Director to expend $202,083.00
($183,712.20 plus 10% contingency) to be funded from TDA Article 8, Account
No. 12-4637-9204.
BAC~GROUNI)/ANA~YSIS
Per previous Council action, bids were solicited, received and opened on
December 22, 1993, for the subject project. IPS Services, Inc., is the
apparent lowest responsive bidder with a bid amount of $183,712.20 (see
attached bid sunm~a~). The Engineer's estimate was $184,500.00. Staff has
reviewed all bids received and found them to be complete and in accordance
with the bid requirements. Staff has completed the required background
investigation and finds all bidders to meet the requirements of the bid
documents.
Respectfully submitted,
Will Jam J~ O'Neil
City Engineer
WJO:LRB:ly
Attachmen t
CITY OF RANCHO CUCAMONGA
SUMMARY OF PROPOSALS
STREET IMPROVEMENTS, TRAFFIC SIGNALS AND SAFETY LIGIITING
IIAVEN AVENUE AND BANYAN STREET
Bid Opening, December 22, 1993 Engineers Estimate $120,000.00
1PS Services, Inc. JEG Construction Co. Laird Construction
item Item Unit of Estimated Unit Total Unit Total Unit Total
No. Description Measure Quantity Prices Prices Prices
1. RemoveA.C. Pavement SF 1,931 $0.40 $772.40 $2.30 $4,441.30 $1.35 $2,606.85
2. Misc. P.C.C. Removal SF 4,550 $0.61 $2,775.50 $2.30 $10,465.00 $1.65 $7,507.50
3. Remove Tre~ EA I $1,150.00 $1,150.00 $350.00 $350.00 $200.00 $200.00
4. Crashed Aggregate TON 250 $31.15 $7,787.50 $33.50 $8,375.00 $38.35 $9,587.50
5. A.C. Pave. & Overlay TON 326 $38.50 $12,551.00 $34.00 $11,084.00 $32.90 $10,725.40
6. Cold Plane SF 6,914 $0.45 $3,111.30 $0.45 $3,111.30 $0.50 $3,457.00
7. Adj. MH to Grade EA $250.00 $250.00 $500.00 $500.00 $500.00 $500.00
8. Adj. WV to Grade EA $200.00 $600.00 $50.00 $150.00 $400.00 $300.00
9. Catch Basin W=4' EA $2,400.00 $2,400.00 $3,200.00 $3,200.00 $2,350.00 $2,350.00
10. Catch Basin W=8' EA $2,750.00 $2,750.00 $3,500.00 $3,500.00 $3,130.00 $3,130.00
11. Catch Basin W=I5' EA $3,570.00 $3,570.00 $4,100.00 $4,100.00 $4,700.00 $4,700.00
12. Outlet Basin W=28' EA $4,300.00 $4,300.00 $5,000.00 $5,000.00 $5,490.00 $5,490.00
13. Transition Slructure No. 3 EA $1,785.00 $1,785.00 $1.900.00 $1,900.00 $1,600.00 $1,600.00
14. PCC Collar EA $325.00 $325.00 $350.00 $350.00 $400.00 $400.00
15. OCPI Inlet &Cover EA $1,900.00 $1,900.00 $1,700.00 $1,700.00 $1,060.00 $1,060.00
16. Under Sidewalk Drain EA $1,900.00 $1,900.00 $1,700.00 $1,700.00 $2,125.00 $2,125.00
17. 8" PCC Curb LF 43 $12.00 $516.00 $12.00 $516.00 $12.15 $522.45
18. 8" PCC Curb & 2,4" Gutter LF 259 $9.00 $2,331.00 $13.50 $3,496.50 $17.40 $4,506.60
19. 4" PCC Sidewalk SF 2,437 $1.75 $4,264.75 $2.85 $6,945.45 $3.00 $7,311.00
20. PCC Wheelchair Ramp SF 592 $4.00 $2,368.00 $2.85 $1,687.20 $3.50 $2,072.{)0
21. 12" Din RCP LF 107 $47.25 $5,055.75 $32.00 $3,424.00 $31.35 . $3,354.45
22. 18" Dia. RP LF 138 $49.35 $6,810.30 $40.00 $5,520.00 $48.20 $6,651.60
23. 24" Dia RCP LF 70 $55.65 $3,895.50 $40.00 $2,800.00 $53.75 $3,762.50
24. Relocate Water Line EA I $4,000.00 $4,000.00 $3,000.00 $3,000.00 $7,150.00 $7,150.00
25. Relocate FH & WV EA I $2,940.00 $2,940.00 $1,400.00 $1,400.00 $2,600.00 $2,600.00
26. Relocate WM EA I $ 1,650.00 $1,650.00 $750.00 $750.00 $1,060.00 $1,060.00
27. Traffic Sig. and Safety Light. LS 1 $87,970.00 $87,970.00 $88,000.00 $88,000.00 $93,850.00 $93,850.00
28. Remove, Relocate & Install LS 1 $300.00 $300.00 $350.00 $350.00 $500.00 $500.00
Traffic Signing $0.00 $0.00 $0.00
29. Restore Landscape & In'. SF 350 $40.00 $3,500.00 $6.00 $2,100.00 $4.00 $1,400.00
30. Traffic Striping & Pave. Mark. LS 1 $2,683.00 $2,683.00 $4,950.00 $4,950.00 $3.000.00 $3,000.00
31. Traffic Control LS 1 $7,500.00 $7,500.00 $2,500.00 $2,500.00 $2,400.00 $2,400.00
$183,712.00 $187,365.75 $195,879.85
Paul Gardner Corporation Sully Miller Contracting
Item Item Unit of Estimated Unit Total Unit Total
No. Description Measure Quantity Prices Prices
1. Remove A.C. Pavement -~F 1,931 $1.35 $2,606.85 $4.00 $7,724.00
2. Misc. P.C.C. Removal SF' 4,550 $1.65 $7,507.50 $6.50 $29,575.00
3. Remove Tree EA I $200.00 $200.00 $65.00 $65.00
4. Crushed Aggregate TON 250 $38.35 $9,587.50 $24.00 $6,000.00
5. A.C. Pave. & Overlay TON 326 $32.90 $10,725.40 $41.00 $13,366.00
6. Cold Plane SF 6,914 $0.50 $3,457.00 $0.53 $3,664.42
7. Adj. MH to Grade EA 1 $500.00 $500.00 $500.00 $500.00
8. Adj. WV to Grade EA 3 $100.00 $300.00 $300.00 $900.00
9. Catch Basin W---4' EA $2,350.00 $2,350.00 $2,500.00 $2,500.00
10. Catch Basin W=8' EA $3,130.00 $3,130.00 $3,000.00 $3,000.00
11. Catch Basin W=I5' EA $4,700.00 $4,700.00 $4,100.00 $4,100.00
12. Outlet Basin W=28' EA $5,490.00 $5,490.00 $5,100.00 $5,100.00
13. Transition Structme No. 3 EA $1,600.00 $1,600.00 $2,000.00 $2,000.00
14. PCC Collar EA $400.00 $400.00 $725.00 $725.00
15. OCPI Inlet &Cover EA $1,060.00 $ 1,060.00 $2,500.00 $2,500.00
16. Under Sidewalk Drain EA $2,125.00 $2,125.00 $2,500.00 $2,500.00
17. 8" PCC Curb LF 43 $12.15 $522.45 $32.00 $1,376.00
18. 8" PCC Curb & 24" Gutter LF 259 $17.40 $4,506.60 $17.00 $4,403.00
19. 4" PCC Sidewalk SF 2,437 $3.00 $7,311.00 $2.25 $5,483.25
20. PCC Wheelchair Ramp SF 592 $3.50 $2,072.00 $2.75 $ 1.628.00
21. 12" Dia. RCP LF 107 $31.35 $3,354A5 $67.00 $7,169.00
22. 18" Dia. RP LF 138 $48.20 $6,651.60 $67.50 $9,315.00
23. 24" Din. RCP LF 70 $53.75 $3,762.50 $70.00 $4,900.00
24. Relocate Water Line EA I $7,150.00 $7,150.00 $4,850.00 $4,850.00
25. Relocate FH & WV EA I $2,600.00 $2,600.00 $5,700.00 $5,700.00
26. Relocate WM EA I $1,060.00 $1,060.00 $1,300.00 $1,300.00
27. Traffic Signal and Safety Ligh' LS I $109,260.15 $109,260.15 $83,780.00 $83,780.00
28. Remove, Relocate & Install LS I $500.00 $500.00 $450.00 $450.00
Traffic Signing $0.00 $0.00
29. Restore Landscaping & h'rigat SF 350 $4.00 $1,400.00 $1.20 $420.00
30. Traffic Striping & Pave. Mark~ LS 1 $3,000.00 $3,000.00 $2,700.00 $2,700.00
31. Traffic Control LS I $2,400.00 $2,400.00 $4,900.00 $4,900.00
$211,290.00 $222,593.67
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994 -
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Suzanne Ota, Community Services Manager
SUBJECT: APPROVAL OF USAGE AGREEMENT BETWEEN CHAFFEY COMMUNITY
COLLEGE AND THE CITY OF RABCHO CUCAMONGA FOR USE OF
RECREATIONAL FIELDS AT THE COLLEGE
RECOMMENDATION
Staff recommends entering into a renewal Agreement with Chaffey
Community College for the use of College recreational fields and
facilities for youth sport organizations. The Agreement would be
renewed to June 30, 1994 at a cost of $25,000.00 to cover
maintenance and operations expenses associated with the annual
community usage.
BACKGROUND
In 1991 the City entered into an Agreement with Chaffey Community
College for use of additional sports field space constructed at
Chaffey College. Since that time Pop Warner Football and Legion
Baseball have been the primary users with some use by soccer and
little leagues.
ANALYSIS
This Agreement includes the use of the 90' baseball field for
Legion Baseball, the recreation fields year round for community
youth sport groups and limited gymnasium use. The City would pay
$25,000.00 for annual operation and maintenance of these
facilities. Funds are budgeted in the Park Development Fund.
When the economic climate improves, it is the mutual desire of
both public agencies to mitigate a joint use agreement to include
capital improvements to said fields as well as other campus
facilities.
STAFF REPORT
APPROVAL OF USAGE AGREEMENT - CHAFFEY COLLEGE
January 19, 1994
Page Two
SUMMAR~
The attached renewal Agreement allows youth spo~ organizations
to utilize ball fields for games and practices. Staff intends to
continue working with College staff to ensure a mutually
beneficial Joint-use program for the co~unity.
Respectfully s~mitted~'...
Co~uj~ty Se~ices Manager
S0:kls
AGREEMENT
Between the City of Rancho Cucamonga and Chaffey Community College
District for the use of Chaffey College play fields.
TI-US AGREEMENT entered into on the 1st day of [uly ,1993
between the City of Rancho Cucamonga, California, hereinafter referred to as "City",
and the Chaffey Community College District, hereinafter referred to as "College".
WITNESSETH:
WHEREAS, the use of these facilities for community use would be primarily
evenings and on weekends. There are no plans for lighting any of the playing fields
at this time. The above playing fields would be available for College use during
weekdays.
WHEREAS, the City and the College deem it desirable to cooperate in the
establishment of such an agreement under the conditions hereinafter set forth, now
therefore, it is agreed as follows:
1. The City shall provide the architectural services and capital
improvements to be negotiated at a future time as development funds
become available. This agreement shall be reviewed by both parties prior
to initiating any such services or improvements.
2. The College shall grant to the City, in recognition of the preceding, as well
as, the fee set forth in item 6 of this agreement, use of the improved play
fields located at the south east section of the College for Pop Warher
football, gymnasium four times a year, and the Howard Lowder baseball
field for Alta Loma American Legion, Post #835.
The use of these facilities is conditional upon after school hours and for
public rec2reation programs. All scheduling to be arranged through and
approved by the manager of the college's fadlities scheduling office.
3. The City shall be responsible to provide necessary security during city
sponsored activities for the duration of this agreement.
4. The College and the City agree to hold harmless, indemnify, and defend
each other, its elected officials, officers, agents, successors and assigns, from
and against all claims, liens, encumbrances, actions, loss, damages, causes
of action, expense and/or liability, including court cost and attorney's fees
arising from or resulting from loss or damage to property or injury to or
death of person(s) resulting in any manner whatsoever directly or
indirectly by reason of the City or College operation of the said portion for
their sole use.
Agreement (con't)
Page 2
The College and the City shall provide each other with insurance coverage
with respect to said indemnity amounts, form, and content mutually
agreeable to the parties to the agreement. Said coverage shall be
maintained by the City and College, and the City and the College shall
supply to each other certificates indicating the existence of said coverage
prior to each school year.
5. The College and the City shall refrain from restricting the use of the site,
or any portion thereef, on the basis of sex, marital status, race, color, creed,
religion, ancestry or national origin of any person. All such uses
pertaining to the foregoing matters shall contain or be subject to
substantially the following nondiscrimination or non-segregation clause:
"There shall be no discrimination against or segregation of, any person or
group of persons on account of sex, marital status, race, color, creed,
religion, national origin, or ancestry in the use or enjoyment of the land,
nor shall the use itself or any person claiming under or through it,
establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, use of
tenants, lessees, sublessee, subtenants, or vendees in the land."
6. This agreement shall extend through June 30, 1994. However, this
agreement may be modified or revised at any time, by mutual consent, in
writing, and signed by beth parties.
This agreement may be terminated, with or without cause, by either party
after giving the other party ninety (90) days advance written notice of it's
intention to terminate.
Maintenance and operation fee shall be $25,000 annually.
7. Communications and notices shall be addressed as follows:
Ci_ty College
City Manager Vice President, Human Resources
City of Rancho Cucamonga Chaffey Community College District
Rancho Cucamonga, CA 91729 5885 Haven Ave.
Rancho Cucamonga, CA 91737-3002
Agreement (con't)
Page 3
WITNESS THE EXECUTION HEREOF the day and year first above written.
City of Rancho Cucamonga Chaffey Community College District
Authorized Signature Lynda S. Flurry (/
Director of Purchasing
Title
Date Date
ArrESTED:
City Clerk Date
lo/18/93
Rev. 12/13/93
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO: Mayor, and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William j. O'Neil, City Engineer
BY: Steve M. Gilltland, Public Works Inspector~
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT
13717, LOCATED ON THE NORTHEAST CORNER OF CHURCH STREET AND
SPRUCE AVENUE, SUBMITTED BY LEWIS HOMES
RECOI~(]~DATION
It is reconmended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
B~CI~GROUI~/AMAI, YSIS
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements for Tract 13717 were approved by
the City Council on NovenYaer 21, 1991, in the following amounts:
TR 13717 Church St. Medians
Faithful Performance Bond: $82,000 $64,000
Labor and Material Bond: $41,000 $32,000
The developer, Lewis Homes, is requesting approval of a 12-month
extension on said improvement agreement due to slow economic
conditions. Copies of the Improvement Agreement Extension are available
in the City Clerk's Office.
Respectfull~t~.~,.~
William J. ~Neil
City Engineer
WJO:SMG:sd
Attachments
LEWIS HOMES MANAGEMENT CORP.
11~ ~ &lotstain AvenuiP.~ ~x eToAJpland, Callfmmla 9178~
I%eee: ~!4]~E-(~'1 Fu: ~14)949-67~
Decend:mr 21, 1993
City of Rancho Cucamonga
10500 Civic Center Drive
P, O, Box 907
Rancho Cucamonga, CA 9991730
Attn: Steve M. Cilliland
Public Works Inspector
Ref.: Extension of Improvement Agreements for Tract 13717
Dear Steve:
Enclosed is a set of Improvement Agreement Fartension forms,
executed in triplicate, as well as a check in the amount of
$251.00 for the above-referenced project.
Because of the abrupt slowdown in the housing market, we were
forced to choose between finishing this tract or Tract 13351
and, since that map was closer to expiration and had fewer
units, we decided to continue on with that tract.
The only work left to do on Church Street between Elm and Elm
is the median landscaping which we are permitting and will
begin installing immediately. None Of the interior sidewalks,
landscaping, etc. will be started on Tract 13717 until Tr.
13351 is nearly sold out or the market improves and warrants
completing this project.
Therefore, we are requesting a one year extension on the above-
referenced work items.
Thank you for your assistance and your consideration of our
request.
Sincerely,
LEWIS HO!!~SMANAGEM~NT CORP.
Don Thompson
Project Manager
Terra Vista
DMT:ksk
Enclosures
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUC/~4ONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13717
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on January 19, 1994, by Lewis Homes as developer, for the improvement
of public right-of-way adjacent to the real property specifically described
therein, and generally located on the northeast corner of Church Street and
Spruce Avenue; and
WHERFJ~S, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said Tract 13717; and
WHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
in said In~orovement Agreement Extension.
NOW, THEREFORE, the City Council of the City of Rancho Cucamenga,
California hereby resolves, that said I~rovement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Hayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
CITY OFRANCHOCUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO: Mayor, and Merabers of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Steve M. Gilltland, Public Works Inspector I~
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT
14192-1, LOCATED ON THE EAST SIDE OF HELLMAN AVENUE SOUTH
OF 19TH STREET, SUBMITTED BY HIX DEVELOPMENT
RECOIIENDATION
It is reconm~nded that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
BACKGROUN~/MI/M. YSIS
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements for Tract 14192-1 were approved
by the City Council on November 21, 1991, in the following amounts:
Faithful Perfonaance Bond: $1,255,000
Labor and Material Bond: $ 627,500
The developer, Hix Development, is requesting approval of a 12-month
extension on said improvement agreement in order to cap pave the streets,
which will occur when all on-site construction is complete. Copies of
the Improvement Agreement Extension are available in the City Clerk's
Office.
Respectful)~ submitted,
William j~ O'Neil
City Engineer
WJO:S4~G:sd
Attachments
]~]~ HIX DEVELOPMENT CORP.
December 16, 1993
Steve M. Gilliland
Engineering Division
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA 91729
RE: EXPIRATION OF IMPROVEMENT AGREEMENT FOR TRACT 14192-1
Dear Steve:
Enclosed please find the executed extension agreement (in
triplicate) and our fee in the amount of $251.
At this time the only work left to be completed is the final
capping of the street. We plan to complete this work at the
conclusion of our base paving for the second phase (Tract 14192)
which should take place in January 1994.
Please let me know if you need any additional information in order
to process this extension.
Bob Y~ielr~~
General Manager
Enclosures
437 South Cataract Avenue, Suite 3, San Dimas, California 91773 ', (909) 599-8461 "FAX (909) :,~42. ~,,
41
RESOLUTION NO. ~/Z/~ {~)C)f
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 14192-1
WHEREAS, the City Council of the City of Ra'ncho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on January 19, 1994, by Hix Development as developer, for the
improvement of public right-of-way adjacent to the real property specifically
described therein, and generally located on the east side of Hellman Avenue
south of lgth Street; and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said Tract 14192-1; and
WHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
in said Improvement Agreement Extension.
NOW, THEREPORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO: Mayor, and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William j. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspector
SUBJECT: APPROVAL OF IMPROVEMENT/U;REEMENT EXTENSION FOR TRACTS
14379 AND 14380, LOCATED ON THE NORTHWEST CORNER OF
ETIWANDA AVENUE AND 24TH STREET, SUI)qITTED BY WATT HOMES
~.~(~OATIO~
It is recom~nded that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
I!~C~GRIAIWD/ANALYSI$
Improvement Agree~nt and I~rove~nt Security to guarantee the
construction of the public i~rove~nts for Tracts 14379 and 143~ we~
approved by the City Council on Nov~er 7, 1991, in the foll~ing
I 14379 ) 14380
Faithful Perfo~nce ~nd: $829,000 $1,~1,~0
Labor and Material Bond: $414,5~ $ 545,000
The developer, Watt Ho~s, is requesting approval of a 12-~nth ex~nsion
on said improv~nt agree~nt due to current ~onomtc conditions.
stom drain tmprove~nts, however, have begun. Copies of the I~rove~nt
Ag~e~nt Extension are available tn the City Cle~'s Office.
Resp~tful ly~)t tted,
William j.
City Engineer
WJO:SNG:sd
Attachments
WATT HOMES
December 29, 1992 CI~
E~C~E[~:NC
Mr. Steve Gilliland
Engineering Department
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
RE: Improvement Agreement For Tract Nos. 14379 and 14380
Dear Mr. Gilliland:
The Improvement Agreements for Tract Nos. 14379 and 14380 expired
on November 6, 1993. Your are respectfully requeeted to extend the
Agreements for one year.
The improvements have not yet been completed due to the prevailing
soft market demand for upscale luxury residences. It is
anticipated that the subject improvements will be completed during
the next twelve months.
Enclosed are executed Improvement Agreement Extensions (in
triplicate) and our check in the amount of $502.00 representing the
processing fee.
Thank you for your consideration.
Sincerely,
Thomas E. Heggi
President
Watt Inland Empire, Inc.
TEH/cjm
Enclosures
27720 Jefferson Ave. Slate 200. Temec~da. CA 92590
igt,"O) 694-C870 F..-LX 19Cx)) 694-1941
AA
A RESOLUTION OF THE CIl"f COUNCIL OF THE CIlY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACTS 14379 AND
14380
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on January 19, 1994, by Watt Homes as developer, for the improvement
of public right-of-way adjacent to the real property specifically described
therein, and generally located on the northwest corner of Etiwanda Avenue and
24th Street; and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said Tracts 14379 and 14380; and
WHEREAS, said Improvement Agreement Extension is secured and
acco~anied by good and sufficient Improvement Security, which is identified
in said Improvement Agreement Extension.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO: Nayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Steve H. Gilliland, Public Works Inspector~
SUBJECT: THE REQUIRED STREET IMPROVEMENTS FOR PARCEL MAP 12959-1
HAVE BEEN COMPLETED IN AN ACCEPTABLE MANNER AND IT IS
RECO)ENDED THAT CITY COUNCIL ACCEPT ~ID IMPROVEMENTS,
ACCEPT THE MAINTENANCE GUARANTEE BOND IN THE A/4OUNT OF
$134,000, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF
COMPLETION AND AUTHORIZE THE CITY CLERK TO RELEASE THE
FAITHFUL PERFOR~tANCE BOND IN THE AHOUNT OF $1,340,064
RECONENDATION:
The required street improvements for Parcel Map 12959-1 have been
completed in an acceptable manner, and it is recomnded that City
Council accept said improvements, accept the Maintenance Guarantee Bond
in the amount of $134,000 authorize the City Engineer to file a Notice of
Completion and authorize the City Clerk to release the Faithful
Perforn~nce Bond in the amount of $1,340,064.
8ACKGROUND/NIN. YSIS
Parcel Map 12959-1 located on the southeast corner of Arrow Highway and
White Oak Avenue
DEVELOPER: Capellino and Associates
1815 W. 213th Street, Suite 225
Torrance, CA 90501
Accept:
Maintenance Guarantee Bond (Street) $134,000
Release:
Faithful Performance Bond (Street) $1,340,064
Respectful ~bm~ tted, C
William J. DZNell
City Engineer
WJO:SMG:la
Attachment
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR PARCEL MAP 12959-1 AND AUTHORIZING THE FILING OF A
NOTICE OF COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for Parcel Hap
12959-I has been completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is requi red to be filed, certifying
the work complete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
CITY OF RANCH0 CUCAMONGA
STAFF REPORT
DATE: January 19, 1993
TO: Mayor and blembers of the City Council ~"~
Jack Lam, AICP, City Manager
FROM: William j. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works InspectoB~k~~D
SUBJECT: THE REQUIRED IMPROVEMENTS FOR THE JERSEY RAILROAD
CROSSING HAVE BEEN COMPLETED IN AN A~CEPTABLE btANNER AND IT
IS RECO)ENDED THAT CITY COUNCIL ACCEPT SAID IMPROVEMENTS,
AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF CObtPLETION
AND AUTHORIZE THE CITY CLERK TO RELEASE THE FAITHFUL
PERFORbIAJ4CE CASH SECURITY IN THE AJ4OUNT OF $50,000.
RECOM~MDATIO~:
The requi red improvements for the Jersey Boulevard Rail road Crossing have
been completed in an acceptable manner, and it is recommended that City
Council accept said improvements, authorize the City Engineer to file a
Notice of Completion and authorize the City Clerk to release the Faithful
Performance Cash Security in the amount of $50,000.
B~tJ{CJ~)UMD/IYSIS
The Jersey Boulevard Railroad Crossing is located on Jersey Boulevard w/o
Mil liken Avenue.
DEVELOPER: O'Donnel Property Services
2201 Oupont Drive, Suite 100
Irvine, CA 92715
Rel ease:
Faithful Performance Cash Security $50,000
Respectfully submitted,
William J~O'Neil
City Engineer
WJO:SMG:la
Attachment
RESOLUTION .0. C~(- 0/~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAIqONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR THE JERSEY BOULEVARD RAILROAD CROSSING AND
AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE
WORI(
WHEREAS, the construction of public improvements for the Jersey
Boulevard Railroad Crossing have been completed to the satisfaction of the
City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
CITY OF RANCHO CUCAMONGA "~
STAFF REPORT
DATE: January 19, 1994 -
TO: Mayor, and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspecto~
SUBJECT: RELEASE OF MAIN~NANCE GUJ~RANTEE BOND FOR MILLIKEN AVENUE,
BANYAN STREET, LANDSCAPING AND SIORM DRAIN IMPROVEMENTS
ASSOCIATED WITH TRACTS 13748, 13857 AND 13858 LOCATED AT
THE SOUTHWEST CORNER OF MILLIKEN AVENUE AND BANYAN STREET
RECON~NDATION
It is recommended that the City Council authorize the City Clerk to
release the Maintenance Guarantee Bond.
BACKGROUND/ANALYSIS
The required one year maintenance period has ended and the improvements
remain free from defects in materials and workmanship.
DEVELOPER: Brock Homas
3380 Shelby Street, Suite 100
Ontario, California 917~
Release:
~4aintenance Guarantee Bond $150,240.
Respectfully submitted,
City Engineer
W~O:S~IG:ly
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Linda R. Beek, Jr. EngineergJ~
SUBJECT: ACCEPT THE MILLIKEN AVENUE BIKE ROUTE AND BASE LINE ROAD
BIKE LANE, PHASE 1, CONTP~ACT NO. C.O. 93-029, AS COI4PLETE,
RETAIN BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A
"NOTICE OF CO)4PLETION" AND APPROVE THE FINAL CONTP, ACT
AMOUP/T OF $17,624.36.
RECOMENDATION:
It is reconm~ended that the City Council accept the Milltken Avenue Bike
Route and Base Line Road Bike Lane, Phase 1, Contract No. C.O. g3-OZg, as
complete, authorize the City Engineer to file a "Notice of Completion",
and retain the Faithful Performance Bond in the amount of $15,637.00 to
be used as the Maintenance Bond. Authorize the tel ease of the retention
in the amount of $1,762.43, 35 days after approval of the final contract
amount of $17,624.36.
BACXGROUND/ANALYSIS
The subject project has been completed in accordance with the approved
plans and specifications and to the satisfaction of the City Engineer.
The final contract amount is $17,624.36, which includes one minor change
order for an additional $1,987.36. The original amount approved by
Council was $15,637.80 and the revised amount approved by Council is
$17,624.36.
ResPectful~.~.t~L~
William J L~O'Neil
City Engineer
WJO:LRB:ly
Attachment
RESOLUTION NO. (~L/2, ~>/~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAHONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR NILLIKEN AVENUE BIKE ROUTE AND BASE LINE ROAD BIKE
LANE, PHASE 1, AND AUTHORIZING THE FILING OF A NOTICE OF
COMPLETION FOR THE WORK
WHEREAS, the construction of public improvements for Hilltken Avenue
Bike Route and Base Line Road Bike Lane, Phase 1, have been completed to the
satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
52
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1993 ~
TO: Mayor and Hembets of the City Council "~
Jack Lam, AICP, City Hanager
FROM: Wtl~ tam J. O'Neil, City Engineer
BY: Ltnda R. Beek, Jr. Engineer~
SUBJECT: ACCEPT THE RESURFACING OF EQUESTRIAN RINKS AT HERITAGE
COI~tUNITY PARK, CONTRACT NO. C.O. 93-042, AS COMPLETE,
RETAIN BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A
"NOTICE OF COMPLETION" AND APPROVE THE FINAL CONTRACT
AHOUNT OF $54,543.35.
RECO~trNDATIOIh
It is recomnended that the CIty Council accept the Resurfacing of
Equestrian Rinks at Heritage Co~m~unity Park, Contract No. C.O. 93-042, as
complete, authorize the City Engineer to file a "Notice of Completion",
and retain the Faithful Performance Bond in the amount of $51,885.35 to
be used as the Maintenance Bond. Authorize the release of the retention
in the amount of $5,203.35, 35 days after approval of the final contract
amount of $54,543.35.
BACXGROUND/AJiN. YSIS
The subject project has been c~leted in accordance with the approved
plans and specifications and to the satisfaction of the City Engineer.
The final contract amount is $54,543.35, which includes one minor change
order for an additional $2,658.00. The original amount approved by
Council was $51,885.35 and the revised amount approved by Council is
$54,543.35.
Respectfull_y` submitt~$,
Will tam J.L~'Netl
City Engineer
WJO:LRB:ly
Attachment
RESOLUTTON NO- ,::~/"/- O/C//
A RESOLUT~ON OF THE: CITY COUNCZL OF THE CZTY OF RANCHO
CUC,NqONGA, CAL~F'ORNIA, ACCEPTING THE: PUBL1~C TMPROVENENTS
F'OR RESIJRFACTNG OF EQUESTP,~AN R~NKS AT HERITAGE COMI,tlNZTY
PARK AND AIJTHOR~ZZNG THE FZL[NG OF A NOTZCE OF COMPLETZON
FOR THE WORK
WHERF_AS, the construction of public improvements for Contract for
Resurfacing of Equestrian Rinks at Heritage Community Park have been completed
to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work complete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamenga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of Completion with the County Recorder of
San Bernardino County.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Will iam J. O'Neil, City Engineer
BY: Linda R. Beek, Jr. Engineer]
SUBJECT: ACCEPT THE CONTP~ACT FOR ASPHALT OVERLAY ON HELMS AVENUE,
LUCAS RANCH ROAD, AND SANTA ANITA AVENUE, CONTP~ACT NO. C.O.
93-053, AS COMPLETE, RETAIN BOND AND AUTHORIZE THE CITY
ENGINEER TO FILE A "NOTICE OF CO qPLETION" AND APPROVE THE
FINAL CONTRACT AHOUNT OF $93,979.40.
RIECOI~EIII)~TION:
It is recommended that the City Council accept the Contract for Asphalt
Overlay on Helms Avenue, Lucas Ranch Road, and Santa Artira Avenue,
Contract No. C.O. 93-53, as complete, authorize the City Engineer to file
a "Notice of Completion", and retain the Faithful Perromance Bond in the
amount of $92,214.80 to be used as the Maintenance Bond. Authorize the
release of the retention in the amount of $9,397.94, 35 days after
approval of the final contract amount of $93,979.40.
BACKGROUNO/ANN.YSIS
The subject project has been completed in accordance w~th the approved
plans and specifications and to the satisfaction of the City Engineer.
The final contract mount is $93,979,40 which includes one minor change
order for an additional $1,764.60. The original amount approved by
Council was $92,214.80 and the revised amount approved by Council is
$93,979.40.
Respectfully submitted,
Will faro O.~O'Netl
City Engineer
WJO:LRB:ly
Attachment
RESOLUTION NO. ~'~'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAJ4ONGA, CAJ_IFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS
FOR CONTRACT FOR ASPHALT OVERLAY ON HELMS AVENUE, LUCAS
RANCH ROAD, AND SANTA ANITA AVENUE, AND AUTHORIZING THE
FILING OF A NOTICE OF COMPLETION FOR THE WOPJ(
WHEREAS, the construction of public improvements for Contract for
Asphalt Overlay on Helms Avenue, Lucas Ranch road, and Santa Artira Avenue,
have been completed to the satisfaction of the City Engineer; and
WHEREAS, a Notice of Completion is required to be filed, certifying
the work co~lete.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
hereby resolves, that the work is hereby accepted and the City Engineer is
authorized to sign and file a Notice of ConM~letion with the County Recorder of
San Bernardino County.
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994 -
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: WilT Jam J. O'Neil, City Engineer
BY Mike O1 lvier, Senior Civil Engineer
SUBJECT: ESTABLISHMENT OF AN UNDERGROUND UTILITY DISTRICT NO. 94-01,
ALONG ROCHESTER AVENUE FROM FOOTHILL BOULEVARD TO ARROW ROUTE,
USING RULE 20A FUNDS
RECII,!!ENDATIOti
Approval of a resolution establishing Underground District No. 94-01, along
Rochester Avenue from Foothill Boulevard to Arrow Route, using Rule 20A funds.
8ACXGROUND/AJiALYSIS
Southern California Edison allocates undergrounding funds to each City based
on the number of electrical meters in the City. The use of these funds is
governed by what is referred to as the Rule 20A regulations. Rule 20A covers
all activities for undergrounding and are paid for by SCE except modifications
or replacements of electrical service panel s for users. Rule 20A funds are
reserved for heavily used streets, and or for scenic purposes. The project
must also be a minimum of 600 feet in length.
The City contacted Edison with a request to have Edison underground some 1 ines
along a portion of Rochester Avenue near the Sports Complex. Edison called
Engineering staff and indicated an interest in using the Rule 20A funds to
finish the entire street between Foothill Boulevard and Arrow Route. Edison
indicated there is good opportunity to complete this area since there a-e no
other utilities using these poles and a large portion of the underground
conduit exists. However, it should be noted that these poles also have 66 KV
lines on the top of them. ?his means the 66 KV would remain overhead and the
poles would not be removed. What is removed are the lower crossbars that
carry the 12 KV. We would then see two of the existing four crossbars
removed, along with the existing underground to overhead feeder 11nes.
The Clty's current underground project is on Base Line Road and is estimated
at $160,000. The Rochester project is estimated at $100,000. The City
currently has over $500,000 in Rule 20A funds, so both projects can be bull t
using funds currently available.
CITY COUNCIL STAFF REPORT
UNDERGROUND UTILITY DISTRICT
January 19, 1994
Page 2
Edison staff has assured the City that there will be no conversion costs for
the current users. They will continue the existing services on-site via
overhead feeds. Therefore, there will be no public interference with service
or any need for additional contrtbutlons to compl ere the project.
Presen~y there are three structures on the west side of Rochester Avenue that
maintain overhead service. One is a church/office and the other is a
manufacturing business. Both of these will continue the overhead feed by
Edison. The business will have an on-site pole whereas the church will need a
temporary overhead feed that crosses Rochester Avenue at Foothill Boulevard.
This installation is expected to be shorU ived. As soon as the southwest
corner develops the temporary service will be removed. There is one residence
on the east side at Foothill Boulevard that has an overhead feed that does not
cross Rochester Avenue. Thls will not be changed with this project.
Respectfully Submitted,
/
William J. O'Neil
City Engineer
WJO:dl w
RESOLUTION NO. W' (~)/~
A RESOLUTION OF THE CIl~f COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, FORMING UNDERGROUND UTILITY
DISTRICT NO. 94-01, ALONG ROCHESTER AVENUE FROM FOOTHILL
BOULEVARD TO ARROW ROUTE
WHEREAS, a public hearing was h~ d on December 15, 1993, at the hour
of 7:00 P.M. at the City Hall Council Chambe-s, 10500 Civic Center Drive,
Rancho Cucamonga, California, to determine whether the public necessity,
health, safety or wel fare requires the formation of an underground utility
venue fro. Foothill Bo.levard to ,rrow Route. ncho
a i~n
WHEREAS, a notice of such hearing has been given to all affected
proper~ owners as shown on the 1 ast equal ized assessment roll and to all
utilities concerned in the manner and for the time required bylaw; and
WHEREAS, such hearing has been duly and regula~y held and all
persons interested have been given an opportunity to be heard.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
HEREBY RESOLVES the following:
Section 1: It is hereby found and determined pursuant to Rancho
Cucamonga Municipal Code Section 13.04 and the definitions contained hereln
that the public necessity, health, safety and welfare requires the formation
of an underground utility district along Rochester Avenue from Foothill
Boulevard to Arrow Route, in order to remove excessive overhead utility wires,
and associated structures and to underground utilities along said portion of
Rochester Avenue. Said Rochester Avenue is a public street which is
extensively used by the general public and carries a heavy volume of vehicular
traffic.
Section 2: An underground utility district to be known as
Underground Utility District No. 94-01, is hereby established in that area
along Rochester Avenue from Foothill Boulevard to Arrow Route, Rancho
Cucamonga, California, more particulaMy described as follows:
Those portions of Map of Rochester Tract, ~p Book 9 Page 20, as
recorded in the office of the San Bernardino County Recorde-,
California, lying within a strip of land 240 feet wide, the
centerl ine of said strip being the cente~ ine of Rochester Avenue
(Orange Avenue) as shown on said Map.
Section 3: All 12 KV wires and associated overhead structures shall
be removed and underground installations made in said underground utility
district within the following times and conditions:
a. Underground install ation by util try companies and property owners
and reconnections no later than August 1, Igg4.
b. That the Southern California Edison Company utilizes Rule 20A
funds to underground the first one-hundred twenty-five feet of service I atetel
for those property owners requi red to be converted to underground.
Section 4: The City ~ erk is hereby directed to mai~ a copy hereof
and a copy of Municipal Code Section 13.04 to all affected property owners as
shown on the last equalized assessment roll and to all affected utilities
within ten (10) days after adoption of this resolution.
FOOTHILL BLVQ,
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CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: January 19, 1994
TO: Mayor and Members of the City Council
Jack Lain, AICP, City Manager
FROM: Jerry B. Fulwood, Deputy City Manager
SUBJECT: APPROVAL TO FORM YOUTH ACCOUNTABILITY BOARD
RECOMMENDATION
That City Council approve the formation of the Youth Accountability Board by the County
of San Bernardino Probation Department to serve in the City of Rancho Cucamonga by
minute action.
On August 18, 1993, City Council adopted the Anti-Graffiti Task Force recommendatinas.
One of those recommendations was to implement a Youth Accountability Board through
the County Probation Department. This program is currently available for City Council
consideration.
ANALY$I$
The Youth Accountability Board is aimed at the tirst time offender. The youth most "at
risk" of continual criminal behavior and the most responsive to deterring or preventative
measures are those first time offenders to receive the attention necessary to "set them
straight". More often than not, their cases are never adjudicated through the Probation or
Court System and consequently, they are not held accountable for their actions. This, in
turn, sends these youth an unequivocal message regarding our expectations of their personal
responsibility.
Accountability Boards are panels of dedicated, community volunteers who serve as agents
of the Probation Department as they hear, and resolve cases involving first-time youthful
offenders who are deemed most amenable to rehabilitative measures. These youths
volunteer to appear before the Accountability Board and allow it to determine the
"sentences" in the form of restitution and community service time. In exchange for
successfully completing the Accountability Board process the record of his criminal offense
will be eliminated. If the youth fails to complete his commitment to the Board his case is
referred back to a probation officer for processing through the Juvenile Court system.
CITY COUNCIL MEETING
APPROVAL TO FORM YOUTH ACCOUNTABILITY BOARD
January 19, 1994
Page 2
During the hearing board members will discuss the crime and its ramifications with the
youth and agree on a "contract" ou~ining his obligations. The victim will also have an
opportunity to address the board and present any claims for restitution. The youth and his
parents must then sign a contract which will typically consist of a community service
commitment, restitution if applicable, mandatory participation in a six week drug class on
social responsibility and the successful completion of a drug and alcohol class if either were
involved in the criminal incident.
Re~y~bmi~
~WOO~ ~
Deputy City Manager
JBF:dk
Attachments
YOUTH A COUNTABILITY BO'ARD
PROGKA.MGUIDELEN'ES
INTRODUCTION
The Youth Accountability Board serves both the
community and the offender. First, it allows the
community to share in the responsibility for
resolving the problems of. juvenile crime. It
joins programs like Neighborhood Watch an~ Citizens on Patrol in
creating a partnership between the community and government.
Second, it offers enhancement to the disposition of the numerous
manor .~ases referred to t~e Juvenile Justice system. Currently,
many of these cases receive only a cursory review before bein~
settled out of court. Counse!ing and education arranged by the
Board provides support for parents while the community service
imposed on minors raises their awareness of the impact and
consequences of their behavior. Additionally, the community
service aspects of the program provides the community at large with
a benefit rather than a loss from juvenile crime.
The First ~'outh Accountability Board in San Mernardino County was
developed as a pilot project in the city of Hesperia. The seed for
the concept ~a~ planted by a local resident who ha~ worked on e
similar program in the state of Idaho. The San Bernardino County
Sheriff's Depar--~ment and Probation Department saw the concept as a
viable solution to a community need. The two departments combined
their efforts to develop the concept into a functioning program.
This program is' now V. he model for other communities to copy. What
follows is a description cf this model program and some of the
important considerations for implementation of YouthAccountability
Boards in other communities.
BACKGROUND
Juvenile diversion is a program administered .by the Probation
Department which seeks to find alternatives to the prosecution of
Juveniles, especially first offenders. This is often desirable to
avoid the detrimental aspects of cou=%. proceedings and
dispositions, including their substantial cost to the taxpayers.
When Juvenile diversion was at its peak in the late 1970s many
pro~ation ~ff!cers provided effective dispositions for ~uve~les
diverted from the 'court system. Adequate staffing of diversion
programs allowed officers to be creative and to follow throughwith
diverted youth. However, as the population grew while resources
dwindled, diversion became nothing more than a flood gate, keeping
volumes of minor offenders out of the courts but offer.lag no
meaningful services.
The problem of limited resources continues to restrict the ability
of the juvenile justice system to serve the fire= time and minor
offender. The concept employed by the Youth Accountability Board
Brings the resources of the community to bear on the problem. The
program adopts the philosophy employed by Law Enforcement programs
such as Neighborhood ~qa~ch and Citizens on Patrol. That is, that
the community ~t large can join with government to reduce crime and
improve public safety. It merges this philosophy, with the concept
of Alternative Dispute Resolution which has paralleled ~he
development of community participation in law enforcement overt he
past decade. Alternative Dispute Resolution offers mediation
through community volunteer~ as an alternative to court resolution
of miner civil actions. These two concepts are brought together as
the Youth Accountability Board. The program provides for the
diversion of Juvenile first offenders to a Board uf community
volunteers who mediate a disposition with the minor and his or her
parents. The disposition usually involves both restitution to the
victim and community service. Additionally it may require the
minor and parents to participate in educational prograr~s,
counseling or youth organizations.
PROCESS
FollFwing arrest an~ investigation by law enforcement officers,
cases are reviewed by the probation officer. If deemed appropriate
for diversion, a letter is sent to the minor and parents advising
them of the option to have their case heard by the Youth
Accountability Board. If this invitation is accepted,
coordinator for the Board notifies the parents of a meeting and
collects some social history information. A hearing panel is
composed cf five members of the Board. This panel meets with the
minor and parents to review the circumstances of the offense and
other pertinent information. The panel then suggests ,an
appropriate disposition. If the minor and parents are in
agreement, a contract is signed. The contract specifies what the
minor must do to have the case resolved. Once the community
service is completed and other conditions of the contract are met,
the case is closed. Resolution of the case through the
accountability Board affords the minor the additional benefit of
having no formal record made of the referral or disposition.
Community service provides a cons==u~tive punishment for the act
while educational programs, counselln~ and youth group
participation provide support and constructive activities. The
most signi£iuant aspect of this program is the enhancement that is
brought to the process by members of the Board. "Each member of
the Board brings to this process · lifetime of experience. Many
have contacts with service organizations or other resources that
could be of benefit to minors referred to the Board. Additionally,
the Board members get an opportunity to participate in the juvenile
justice process, raising their awareness of Juvenile issues and
improving the relationship between the community and the justice
system.
PROGRAM STAFFING
Members of the Youth Ao=ountability Board represent all walks of
li~e. Each member volunteers to attend a monthly business meeting,
tO superyise community service projects and to Sit on a hearing
panel.
The program requires th~ coordinated effort of Law Enforcement,
Probation and the community. Both Probation and the local Law
Enforcement Agency designate a liaison to the Board. Initially
these liaisons work together to develop the volunteer group that
becomes the Youth Accountability Board. As most Law Enforcement
AgenCies have well developed volunteer services, this is ~he
logical place to recruit Board members.
From the Board membership, a Program Social Investigator is
selected. This is the individual who will coordinate the actual
case hearings, prepare necessary paperwork and complete the initial
family contact. The Program Social Investigator needs to have
subs=antial time to donate to the program as well as the social
zkil!s to interview families and work with the other members of
Board.
VOLUNTEER TRAINING
As this is a program serving youth and due to the confidential
nature of the hea=ings, all prospective Board membe:s =hcu!cl be
screened through ~aw Enforcement or Probation volunteer services.
Commlets backgroun~ checks should be completed including criminal
record searches. Board members should be added to the volunteer
forces of the participating departments. All Board members who sit
on hearing panels should receive training in the areas of the
history of juvenile Justice the law, Juvenile procedure and
ccnfldentiality. This tra'~ing can be conducted through the
training departments of the participating agencies.
INSURANCE
As youth will he participating An work programs, there is a
possibility of injury. The key to reducing the risk of injury is
controlling the -nature of the work, as=uring a safe work
environment and providing close su~ervision~ This is why Board
members must ~e able to volunteer time to supervise work projects.
If the work is on public property, the county worker's compensation
program covers the minors on the job site. Ad~iticnall~ it is
advisable that the Board raise funds to purchase a medical
insurance ~olicy. Local service organize=ions may be willing to
provide the necessary funding. If work projects are conducted on
private proper=y, the property owner must be insured to cover any
potential claims.
WORK SITES
As the purpose of community service is to return some:binS to the community a
larEe. work sites are SeneralIy in public areas. These include parks, schools
and recreational &teas. Representatives of parks'and recreation. fire districts
and schools should be invited to particlpate in the Board. Work on ,on-public
property Should express a community service. Examples include assis:inS clean
up of property belonsinS to elderly persons or disabled persons and volunteer
work in medical facilities.
CO~UNITY RESOURC[S
As much as possible, youth orSanizations. community service Sroups, counselors
and teachers should be recruited for the Board. These individuals and Sroups
provide valuable resources for the youth referred to the Board.
GETTING ST.~aTED
If a YouthAccountability Board could meet the needs of your community and if the
community is ready to support the proSram, the first step is to designate
representatives for the Probation Department and La~ Enforcement. These
individuals should work toEether to develop the volunteer core of the
accountability Board. They may wish to contact representatives of an operational
Board to observe meetinZs and henrinse and to discuss strateSies for'
implementation. The attached packaSs includes by-laws and other forms of the
Hesperia Youth Accountability Board. These should be helpful in developinS new
proSrams, Software for =hess forms is also available.
Contact:
JUVENILE JUSTICE 0 VERFLO W
PROBATION
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KYc 2o
Jl:I 220 RYEF 40CYA 100+
PRIVATE
PLACEMITNT
15, 000 ~ .DIVERSION PROGRAMS
YOUTH ACCOUNTABILITy BOARD
+ ~~Co~tr~Ot
Communlly Merebeta
Community Service
Restitution
Education, Support
8
YOUTH ACCOUNTABILITY BOARD
Diversion Process
Arrest
(/,J:~,'~ Probation
E~ Juvenile Courl [~ FIns
.,.~ .. Out-of-Home
Probation Officer Placement
7 ~ COntrmci Reatltullon
~ E~> F-q [~ Community Service
-_ Family Counseling
Education
Accountability Beard
CITY OF RANCHO CUCAMONGA '~
STAFF REPORT - ·
DATE: January 19, 1994
TO: Mayor and Members of the City Council
FROM: Susan Mickey, Management Analyst I
SUBJECT: CONSIDERATION TO ADOPT A RESOLUTION TO REGULATE BASIC
TIER CABLE RATES AND RELATED EOUIPMENT COSTS A8 ALLOWED
BY THE CABLE TELEVISION CONSUMER PROTECTION AND
COMPETITION ACT OF 1992
RECOMMENDATION:
That the City Council consider the attached resolution which adopts
rules consistent with those prescribed by the FCC and allows the
City to regulate rates and related equipment costs of the basic
service tier of Simmons Cable TV, Marks Cablevision (DCA) and
Comcast Cablevision per the Cable Television Consumer Protection
and Competition Act of 1992 (the 1992 Cable Act).
BACKGROUND:
The City Council initially considered the issue of rate regulation
on October 20, 1993. At that time the Council chose to have the
item tabled until after the first of the year following a request
by William Marks St., managing partner of DCA Cablevision. Due to
the fact that the City has already submitted the FCC Certification
Form 328, and the FCC has extended the rate freeze deadline to
February 15, 1994, the City has lost no ground by delaying a
decision.
The FCC released its Report and Order with regard to the rate
regulation conditions of the 1992 Cable Act. In accordance with the
provisions of the document, the attached resolution adopts the
rules outlined by the FCC and allows the City to regulate the basic
service tier rate and the related equipment costs as permitted
under federal law.
Staff submitted the required rate regulation application (Form 328)
to the FCC and the three cable companies in September, 1993. The
form was received by the FCC on September 24, 1993. The City can
presume it was certified by the FCC to regulate on October 24,
1993. In order to be allowed to regulate, the City Council needs
only to decide to regulate and approve the attached resolution
which adopts the rules. The Council also needs to direct staff to
notify the cable companies that the City has been certified, has
adopted the rules and intends to regulate. The City has 120 days
from October 24, 1993, to complete the actions. Although there is
no deadline for a City to begin regulating, if the City delays
longer than the 120 day time period, the certification process must
be started over.
If the Council opts not to regulate, then the rules are not adopted
and the cable companies are not notified. The basic tier of
service and related equipment charges will then go unregulated
until or unless the Council chooses to regulate at a future date.
ANALYSIS:
The City will be allowed to regulate only the basic tier of service
(over the air broadcast channels - ABC, NBC, CBS and access
channels) and related equipment costs. The second tier of cable
programming service (CNN, ESPN) and related equipment costs may be
regulated by the FCC, but will be reviewed only upon receipt of a
complaint filed by an interested party. Programming offered on a
per-program or per-channel basis (HBO, Showtime is exempt from any
regulation.
The City will be somewhat restricted by the guidelines set by the
Federal Communications Commission. The rate guidelines are derived
from a formula based on the GNP fixed weight price index (GNP-PI)
and, if the City chooses to regulate, are reviewed by the City. The
City must provide an opportunity for "interested parties" to
comment on the proposed rates. If a cable company submits a rate
increase which is beyond that set by the FCC, it must justify the
rate increase through a "cost of service showing." Should a rate
increase be denied by the City, the cable company can appeal the
decision to the FCC for a final determination.
Further ruling changes by the FCC are anticipated as the full
implications of the 1992 Cable Act become known. Additionally, the
telephone companies are beginning to be allowed to provide cable
service which will impact competition and therefore, regulation.
Staff, the City's Cable TV consultant and the City Attorney's
office intend to stay advised of revisions and will keep you
informed.
Respectfully Submitted,
Susan Mickey
Management Analyst I
A RESOLUIIC~ OF ~ME ~l'iY CIYjNCIL OF ~l ~A'AY OF ~
OF ~mv~ ~.~I~ ~ ~ ~C S~ ~ ~.~
(i) ~ ~ of ~ a~ (~ ,,~ ~,) ~
~ a ~ ~ ~ a ~le ~im ~ ~ ~ ~lev~im
~ S~ ~le ~; ~
~ii) ~ ~ of ~ ~ ~ ~ ~ ~
~,1~ ~ ~l~i~ ~ ~ ~ ~t ~ m a ~ly
(iii) ~ F~i ~le ~im ~ ~o~m ~
~titi~ ~ of 1992 (h~ ,,~ 1992 ~le ~,,) ~ ~ ~ ~
(iv) ~ 1992 ~le ~ ~ ~ F~ ~~
~ a ~le ~l~i~ ~~ a~i~ my ~,~ ~ m~ ~ a
~le ~lev~i~ ~; ~
(vi) A ~ti~ of ~ ~ ~ ~ ~t a ~~
(vii) ~ Ci~, ~ ~ f~~ a~i~ f~ ~ ~le ~
(viii) ~ Ci~ ~ ~tL~ a F~m 328 ~~ ~ ~
rail ~ ~ ~ ~id ~ifi~ti~ f~ ~ f~ ~ ~ ~; ~
~ve ~.
~ ~, ~e Ci~ h~ f~ ~ ~1~ ~ folly:
~. ~ all ~ ~ ~ f~ ~ ~ ~i~, ~ A, of
~ ~t it will r~a~ mhle ~l~im m~ ~~
wi~ ~ ~S ~ ~tio~ ~1~ ~ ~ ~, ~ ~ my, f~
CITY OF RANCH0 CUCAMONGA
STAFF REPORT
-
DATE: January 19, 1994
TO: Mayor and Members of the City Council
Jack Lain, AICP, City Manager
FROM: Rick Gomez, Community Development Director
BY: Brad Buller, City Planner
SUBJECT: Consideration to approve a Joint Exercise of Powers Agreement
with the County of San Bernardino, the cities of Claremont,
Fontana, La Verne, Rialto, San Bernardino, and · Upland for the
administration of a consolidated program of design and
maintenance of the Route 30 Freeway Corridor between La Verne
and San Bernardino.
That the City Council review the Joint Exercise of Powers Agreement (JPA), and
adopt the attached Resolution approving the agreement which the Mayor would
then sign on behalf of the City Council.
marv4~ROumu
The cities along the Route 30 Corridor have been meeting since April of 1992
to coordinate the design and construction of the Route 30 Corridor between the
cities of La Verne and San Bernardino. The City of Rancho Cucamonga's City
Council Public Works Subcommittee, Mayor Pro Tem Charles J. Buquet, II, and
Council Member Diane WilliaM, have hosted these meetings.
The Route 30 Form, has spent the last 20 months discussing a wide range of
topics related to the Route 30 Corridor and, in December, completed its review
and development of this 3PA. The purpose of the JPA, as noted above, is to
establish a coordinated program to design and maintain Route 30. The cities
included in these discussions are Claremont, Fontann, La Verne, Rancho
Cucamonga, Rialto, San Bernardino, and Upland. Caltrans Districts 7 and 8 as
well as SANBAG are also participating in this process.
The City Council Public Works Subcommittee supports the adoption of the J~A
and, if approved by this City Council, will forward our City's support to the
other six cities at its meeting on February 15, 1994. Adoption Of this JPA is
only the initial step and will be followed by various Technical Committee
meetings of the Forum members to address the specifics of the corridor design
and ultimate maintenance.
CITY COUNCIL STAFF REPORT
JOINT EXERCISE OF POWERS AGRMT.
January 19, ~994
Page 2
At the present time, participation in the JPA will not result in any direct
costs to the City. Indirect costs will include the costs of City staff to
participate in the Forum and the Technical Committee meetings and possible
grant application preparation. In addition, as agreed to by all the cities,
this JPA does not include any provisions for bonding assessments or similar
revenue generators .
Respect~ull submitted,
mmUnity Development Director
:BB/jfs
Attachments: Exhibit "A" - JPA Contract
Resolution
JOINT EXERCISE OF POWERS AGREEMENT
(CORRIDOR DESIGN AUTHORITY)
THIS AGREEMENT is dated ae Of , 1993,
by and among the COUNTY OF SAN BERNARDINO, a political subdivision of
the State of California, and the Cities of CLAREMONT, FONTANA, EA VERNE,
RANCHO CUCANONGA, RIALTO, SAN BERNARDINO, and UPLAND, municipal
corporations duly organized and existing under the laws of the State of
California (collectively, the "Agencies");
WITNESSETH:
WHEREAS, each of the Agencies is authorized to take action for
the public purposes of the Agencies, and the Agencies wish to form a
joint powers authority under the Joint Exercise of Powers Law of the
State of California (Government Code Section 6500 et seq.) for the
purpose of establishing an entity for the administration of a
consolidated program of design and maintenance along the Route 30
freeway corridor within the cities of claremont, Fontana, La Verne,
Rancho Cucamonga, Rialto, San Bernardino, and Upland.
NOW THEREFORE, in consideration of the above premises and of the mutual
promises herein contained, the Agencies do hereby agree as follows:
1
ARTICLg I
DEFINITIONB
Section 1.01. Definitions. Unless the context otherwise
requires, the words and terms defined in this Article shall, for the
purpose hereof, have the meanings herein specified.
'Agt' means Articles 1 through 4 (commencing with Section
of Chapter 5, Division 7, Title I of the Government Code.
"Aareement' means this Joint Exercise of Powers Agreement, as
originally entered into or as amended from time to time.
"Authority' means the Authority established pursuant to Section
2.02 of this Agreement.
"Board" means the Board of Directors of the Authority referred
to in Section 2.03, which shall be the governing body of the Authority.
"Directors" means the representatives of the Agencies appointed
to the Board pursuant to Section 2.03.
"Fiscal Year" means the period from July 1 in any calendar year
and including June 30 in the succeeding calendar year.
"Public Improvements" means any land, improvements, facilities
and equipment to be used for the public purposes of the Agencies.
'Secretary" means the Secretary of the Authority appointed
pursuant to Section 3.01.
"Treasu~q~" means the Treasurer of =he Authority appointed
pursuant to Section 3.02.
- 2 -
0
G~N~RAL PROVISIONS
Section 2.01. Purpose. The purpose of this Agreement Is to
provide for the joint exercise of powers conunon to the Agencies
including, but not limited to, Uhe acquisition of funds to the Agencies
through grants, ISTEA, or any other monies to enable public improvements
through the acquisition, construction, and improvement thereof by the
Authority.
Section 2.02. Creation of Authority. Pursuant to the Act,
there is hereby created a public entity to be known as the "Corridor
Enhancement Authority." The Authority shall be a public entity separate
and apart from the Agencies, and shall administer this Agreement.
(a) Additional Member Aoencies. Additional cities may become
new members of the Authority upon the majority vote of the existing
Board of Directors. This Agreement shall be amended to reflect each new
agency.
(b) Ex-Officio Members. The following agencies shall be ex-
officio members of the Authority:
(1) ColTtans District 7;
(2) ColTtans District 8;
(3} San Bernardino Associated Goverrunents
(4} East Valley Resource Conservation District;
(5) Inland Empire West Resource Conservation District.
(6) Metropolitan Transportation Authority
Said ex-officio members shall have no voting rights.
Additional ex-officio meters may be appointed by the majority vote of
the Board of Directors.
- 3 -
81
se~tion 2.03. B~ard of Directors. The Authority shall be
governed by a Board of Directors composed of 14 members, each serving in
his/her individual capacity as members of the governing board and
without compensation. Two Council members shall be appointed as
Directors by each of the Cities participating in this Agreement. Bach
member shall be entitled to one vote. Council members appointed by uhe
City Council shall serve at the pleasure of the appointing body and
until their respective successors are appointed and qualified. Bach
party to this Agreement shall appoint an alternate member who may be a
member of the staff of the governmental entity and shall be entitled to
vote at any Authority meeting in the absence of one m~mher of the
legislative body.
Section 2.04. Meetings of the Board.
(a) Re ar Meetin s. The Board shall provide for its
regular meetings; provided, however, that at least one regular meeting
shall be held each year. The date, hour and place of the holding of
regular meetings shall be fixed by resolution of the board and a copy of
such resolution shall be filed with the Agencies.
(b) S~ec~al Meetinos. Special meetings of the board shall be
called in accordance with the provisions of Section 54956 of the
Government Code.
(c) Call. Notice and Conduct of Meetinas. All meetings of
the Board, including without limitation, regular, adjourned regular and
special meetings, shall be called, noticed, held and conducted ~n
accordance with the provisions of the Ralph M. Brown Act of ~he
Government Code.
- 4 -
Section 2.05, Minutes. The Secretary shall cause to be kept
minutes of the meetings of the Board and shall, as soon as possible
after each meeting, cause a copy of the minutes to be forwarded to each
Director and to the Agencies.
Section 2.06. Voting. Each Director shall have one vote.
Section 2.07. Quorum; Required Votes; Approvals. Directors
holding a majority of the votes shall constitute a quorum for the
transaction of business, except that less than a quorum may adjourn from
time to time. The affirmative votes of a majority of the Directors
shall be required to take any action by the Board. If any member agency
chooses not to participate, financially or otherwise, in any specific
project or activity of the Authority, the voting rights of the Director
from that Agency shall be suspended as to that project or activity.
Section 2.08. Bylaws. The Board may adopt, from time to time,
such bylaws, rule8 and regulations for the conduct of its meetings as
are necessary for the purposes hereof.
ARTI~.= TXI
OFFXCZRB AND EMPLOYEES
Section 3.01. Chaimn, Vice-Chairman, Executive Director and
sacretary. The Board shall elect a Chairman and Vice-Chairman from
among the Directors, and shall appoint a Secretary and may appoint an
Executive Director who need not be Directors. The officers shall
perform the duties normal to said officers. The Chairman shall sign all
contracts on behalf of the Authority, and shall perform such other
duties as may be imposed by the Board. In the absence of the Chairman,
the Vice-Chairman shall sign contracts and perform all of the Chairman°s
duties. In the absence of an Executive Director, the chairman shall
administer the day to day affairs of the Authority and shall execute the
policies and directires of the Board. The Secretary shall countersign
all contracts signed by the chairman or Vice-Chairman on behalf of the
Authority, perform such other duties as may be imposed by the Board and
cause a copy of this Agreement to be filed with the Secretary of State
pursuant to the Act.
section 3.02. Treasurer. Pursuant to Section 6505.6 of the
Act, the Auditor/Controller of San Bernardino county is hereby
designated as the Treasurer of =he Authority. The Treasurer shall be
the depository, shall have custody of all of the accounts, funds and
money of the Authority from whatever source, shall have the duties and
obligations set forth in Sections 6505 and 6505.5 of the Act and shall
assure that there shall be strict accountability of all funds and
reports of all receipts and disbursements of the Authority. As provided
in Section 6506 and Section 6505.6 of the Act, the Treasurer shall make
arrangements with · certified public accountant or firm of certified
public accountants for the annual audit of accounts and records of the
Authority.
- 6 -
Section 3.03. officers in Charge of Records, Funds and
Accounts. Pursuant to Section 6505.5 of the Act, the Treasurer shall
have charge of, handle and have access to all accounts, funds and money
of the Authority and all records of the Authority relating thereto; and
the Secretary shell have charge of, handle and have access to all other
records of the Authority.
Section 3.04. Bending Persons Having Access to Public
Improvements. From time to time, the Board may designate persons, in
addition to the Executive Director, the Secretary and the Treasurer,
having charge of, handling or having access to any records, funds or
accounts or any public improvement or project of the Authority. The
Board shall designate the respective amounts of the official bonds of
the Executive Director, the Secretary and the Treasurer and other
persons pursuant to Section 6505.1 of the Act.
Section 3.05. Legal advisor. The San Bernardino County
Counsel's Office, or any other legal advisor as determined by the Board
of the Authority, shall act as the legal advisor of the Authority, shall
perform such duties as may be prescribed by the Board, and shall be
compensated at its regular hourly rate.
Section 3.06. Other bployees. The Board shall have the power
by resolution to appoint and employ such other consultants and
independent contractors as may be necessary for the purposes of this
Agreement.
All of the privileges and immunities from liability, exemption
from laws, ordinances and rules, all pension, relief, disability,
workers' compensation and other benefits which apply to the activities
of officers, agents or employees of public agency when performing their
respective functions shall apply to the officers, agents or employees of
the Authority to the same degree and extent while engaged in
performance of any of the functions and other duties of such officers,
agents or employees under this Agreement.
- 7 -
None of the officers, agents or employees directly employed by
the Board shall be deemed, by reason of =heir employment by the Board to
be employed by the Agencies or, by reason of =heir employment by the
board, to be subject to any of the requirements of the Agencies.
Section 3.07. Assistant Officers. The Board may by resolution
appoint such assistants to act in the place of the Secretary or other
officers of the Authority (other than any Director), and may by
resolution provide for the appointment of additional officers of the
Authority who may or may not be Directors, as the Board shall from time
to time deem appropriate.
- 8 -
ARTI~-m IV
POWERS
Section 4.01. General Powers. The Authority shall exercise in
the manner heroin provided the power of each of the Agencies and
necessary to the accomplishment of the purposes of this Agreement,
subject to the restrictions set forth in Section 4.04. As provided in
the Act, the Authority shall be a public entity separate from the
Agencies.
Section 4.02. Power to Issue Revenue Bonds. There may come a
time when the JPA wishes to issue revenue bonds. This section is
reserved for that power and any change shall be ratified by each agency
belonging to the JPA.
Section 4.03. Specific Powers. The Authority is hereby
authorized, in its own name, to do all acts necessary for the exercise
of the foregoing powers, including but not l~mited to, any or all of the
following:
(a) to make and enter into contracts;
(b) to employ agents or employees;
(c) to acquire, construct, manage, maintain or operate any
public improvement;
(d) to sue and be sued in its own name;
(e) to apply for, accept, receive and disburse grants, loans
and other aids from any agency of the United States of
America, State of California or County of San Bernardins;
- 9 -
(f) to invest any money in the treasury pursuant to Section
6505.5 of the Act which is not required for the immediate
necessities of the Authority, as the Authority determines
advisable, in the same manner and upon the same
conditions as local agencies, pursuant to Section 53601
of the Government Code~
(g) to carry out and enforce all the provisions of this
Agreement;
(h) to make and enter into agreements, assignments and other
documents of any nature whatsoever as may be necessary or
convenient in the exercise of its powers hereunder or
under the Act;
(i) to make loans to the Agencies or any of the Agencies for
the purposes hereof, or to refinance indebtedness
incurred by the Agencies in connection with any of the
purposes hereof;
(j) to exercise any and all other powers as may be provided
in the Act.
Section 4.04. Restrictions on Exercise of Powers. The powers
of the Authority shall be exercised in the manner provided in the Act
and shall be subject (in accordance with Section 6509 of the Act) to the
restrictions upon the manner of exercising such powers that are imposed
upon San Bernardins County and/or Los Angeles Coun=y in =he exercise of
similar powers.
Section 4.05. Authority/Member Projects, A Member of the
Authority may propose projects within the Member's territory and the
Authority itself may propose projects, subject to ~he limitations set
forth herein.
- 10 -
With respect to Member proposed projects within the territory
of such M~mher, each Member, by official action of its city council or
Board of Supervisors, must approve such projects. All approved projects
will be undertaken by the Authority as funds are available to the
Authority for such purpose. The initial authorization to proceed with
the implementation of specific projects by the letting of contracts or
the appropriation of funds shall require a majority vote of the Board of
Directors. A Member, by official action of its governing body, may
withdraw a project located within its territorial jurisdiction from
consideration at any time until such initial authorization to proceed
has been granted by the Authority.
A Member may carry out within its boundaries any activity which
may legally be undertaken by the Member which does not involve the
expenditure of Authority funds, and no approval of the Authority shall
be required for such projects.
section ~.06. obligations of Autherity. The debts,
liabilities and obligations of the Authority shall not be the debts,
liabilities and obligations of the Agencies.
- 11 -
ARTICLE V
METHODS OF PROCgDURE; CREDIT TO MEMBERS
Section 5.01. Assumption of Responsibilities by the
Authority. As soon as practicable after the date Of execution of this
Agreement, the Directors shall give notice (in the manner required by
Section 2.04) of the organizational meeting of the Board. At said
meeting, the Board shall provide for its regular meetings as required by
Section 2.04 and elect a chairman and Vice-Chairman, and appoint the
Secretary and, if necessary, may appoint the Executive Director.
section 5.02. Delegation of Pewers. The Agencies hereby
delegate to the Authority the power and duty to acquire, by lease,
lease-purchase, installment sale agreements, or otherwise, such public
improvements as may be necessary or convenient for the operation of the
Authority or any of the Agencies.
Section 5.03. credit to Mesbers. In consideration of the
agreement by the Agencies to administer the Authority, all accounts or
funds created and established pursuant to any instrument or agreement to
which the Authority is a party, and any interest earned or accrued
thereon, shall inure to the benefit of the Agencies in direct proportion
to the amounts contributed.
- 12 -
Al~Tlf~'.m VI
CONTRIBUTION: ACCOUNTS AND REPORTS; FUNDS
Section 6.01. Contributions. The Agencies may, in the
appropriate circumstance, when required hereunder: (a) make
contributions from their treasuries for the purposes set forth herein,
(b) make payments of public funds to defray the cost of such purposes,
such advances to be repaid as provided herein, or (d) use its personnel,
equi~nent, or property in lieu of other contributions or advances. The
provisions of Section 6513 of the Government Code are hereby
incorporated into this Agreement by reference.
Section 6.02. Accounts and Reports. To the extent not covered
by the duties assigned to a trustee chosen by the Authority, the
Treasurer shall establish and maintain such funds and accounts as may be
required by good accounting practice or by any provision of any trust
agreement entered into with respect to the proceeds of any bonds issued
by the Authority. The books and records of the Authority in the hands
of a trustee or the Treasurer shall be open to inspection at all
reasonable times by duly appointed representatives of the Agencies. The
Treasurer, within 180 days after the close of each fiscal year, shall
give a complete written report of all financial activities for such
fiscal year to the Agencies to the extent that such activities are not
covered by the report of such trustee. The trustee appointed under any
indenture or trust agreement shall establish suitable funds, furnish
financial repor~cs and provide suitable accounting procedures to carry
out the provisions of said trust agreement. Said trustee may be given
such duties in said indenture or trust agreement as may be desirable to
carry out this Agreement.
- 13 -
91
Section 6.03. Funds. Subject to the applicable provisions of
any instrument or agreement which the Authority may enter into, which
may provide for a trustee to receive, have cuB=ody of and disburse
Authority funds, =he Treasurer of the Authority shall receive, have
custody of and disburse Authority funds in accordance with laws
applicable to public agencies and generally accepted accounting
practices, and shall make the disbursements required by this Agreement
or to carry out any of the provisions or purposes of this Agreement.
- 14 -
ARTICLE VII.
section 7.01. Term. This Agreement shall become effective,
end the Authority shall come into existence, on the date hereof, and
this Agreement and the Authority shall thereafter continue in full force
and effect so long as the Authority shall own any interest in any public
improvements.
Section 7.02. Withdrawal.
A. An Agency may withdraw from the Authority and terminate
its obligations under this Agreement upon the giving of 60 days written
notice to the Authority. Written notice shall be accompanied by a
Resolution or minute order which authorizes the withdrawal by governing
body of the Agency.
B. Subsequent to withdrawal, the Agency shall have a
continuing responsibility to perform the duties and obligations required
by this Agreement which are based on facts, events, or occurrences that
predate withdrawal or termination.
Section 7.03. Disposition of Assets. Upon termination of this
Agreement, all proper~y of the Authority, both real and personal, shall
remain under the ownership of the Authority. Parties rescinding their
participating in the Authority through this Agreement shall receive the
residual of their Contributions to the Authority for acquisition of
public improvements, less the proportionate share of accumulated
depreciation as determined by the Treasurer of the Authority in
accordance with generally accepted accounting practices. Upon
termination of this Agreement, all property of the Authority, both real
and personal, shall be divided among the parties hereto in shares
proportionate to the total contributions for the acquisition of said
property made by the parties to this Agreement.
~ 15 -
VIII.
MISCwr.r-2tNEOUS PROVISIONS
Section 8.01. Notices. Notices hereunder shall be in writing
and shall be sufficient if delivered
COUNTy OF SAN BER~/~DINO COUNTY OF LOS A~GELES
Clerk of the Board of Supervisors Clerk of the Board of Supervisors
385 Arrowhead Avenue, Second Floor Kenneth Hahn Hall of Administration
San Bernardino, CA 92415-0130 Room 383
500 W. Temple Street
Los Angeles, CA 90012
CITY OF CL~a~EMONT CITY OF PJ~NCHO CUCAMONGA
City Clerk City Clerk
207 Harvard Avenue P.O. Box 807
Claremont, CA 91711 Rancho Cucamonga, CA 91729
CITY OF FONTANA CITY OF RIALTO
City Clerk City Clerk
8353 Sierra Avenue 150 Palm Avenue
Fontana, CA 92335 Rialto, CA 92378
CITY OF LA VERNE CITY OF SAN BERN~/~DINO
City Clerk city clerk
3660 "D' Street 300 North "D" Street
La Verne, CA 91750 San Bernardino, CA 92401
CITY OF UPLAND SANBAG
City Clerk Wee McDaniel, Executive Director
P. O. Box 460 472 North Arrowhead Avenue
Upland, CA 91785 San Bernardino, CA 92401
- 18 -
EAST VALLEY ~SOURCE CONSERVATION DISTRICT
MarJorie Dougher~y, Administrative Manager
1200 Arizona Street, #A-7
Redlands, CA 92374
INI3~ND EMPIRE WEST R~SOURCE CONSERVATION DISTRICT
Jeff Wilson, District Manager
2816 Eas= 4th Street
Ontario, CA 91764
METROPOLITAN TRANSPORTATION AUTHORITY
San Gabriel Area D~rector
818 West 7th Street, Suite 300
Los Angeles, CA 90017
- 17 -
section 8,02, Section Headings, All section headings in this
Agreement are for convenience of reference only and are not to be
construed as modifying or governing the language in the section referred
to or to define or limit the scope of any provision of this Agreement.
section 8,03. Consent. Whenever in this Agreement any consent
or approval is required, the same shall not unreasonably be withheld.
Section 8.04. law G~verning. This Agreement is made in the
State of California under the Constitution and laws of the State of
California, and is to be so construed.
Section 8.05. Amendments. This Agreement may be amended at
any time, or from time to time, except as limited by contract with the
owners of bonds issued by the Authority or by applicable regulations or
laws of any jurisdiction having authority, by one or more supplemental
agreements executed by the parties to this Agreement either as required
in order to carry out any of the provisions of this Agreement or for any
other purpose, including without limitation addition of new parties
(including any legal entities or taxing areas heretofore or hereafter
created) in pursuance of the purposes of this Agreement.
section 8.06. Enforcement by Authority. The Authority is
hereby authorized to take any legal or equitable actions, including but
not limited to injunction and specific performance, necessary or
permitted by law to enforce this Agreement.
section 8.07. Severability. should any par= or provision of
this Agreement be decided by any court of competent jurisdiction to be
illegal or i~ conflict with any law of the State of california, or
otherwise be rendered unenforceable or ineffectual, the validity of the
remaining portions or provisions shall not be affected thereby.
- 18 -
S~ction 8.08. Successors. This Agreement shall be binding
upon and shall inure to the benefit of the successors of the Agencies,
respectively. None of the Agencies may assign any right or obligation
hereunder without written consent of the other Agencies.
- 19 -
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by their proper officers duly
authorized and their official seals to he hereto affixed, on the day and
year set opposite the name of each of the parties.
COUNTY OF SAN BERN~DINO
Chairman, Board of Supervisors
Date:
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIP~4AB OF THE BOARD
Clerk of the Board of Supervisors
of the County of San Bernardino
By.
- lO -
CITY OF CLAREMONT, CALIFORNIA
By-'
Ti=le-'
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CITY OF FONT/~A, CALIFORNIA
By-'
Title-'
(SEAL)
ATTEST:
City Clerk
Approved as to Formz
C~ty Attorney
- 21 -
CITY OF LAVEI~NE, CALIFOP~NIA
Title=
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
CITY OF UPLAND, CALIFORNIA
Title:
(SEAL)
ATTEST:
City Clerk
Approved el to Form:
city Attorney
- 22 -
CITY OF RANCHO CUCAMONGA,
CALIFOR/~IA
By=
Title=
(SEAL)
ATTEST=
City Clerk
Approved as =o Form:
City Attorney
CITY OF RIALTO, CALIFORNIA
Title=
(SEAL)
ATTEST:
City Attorney
- 23 -
101
CITY OF SAN BERNARDINO, CALIFORNIA
By:
Title:
(SEAL)
ATTEST:
City Clerk
Approved as to Form:
City Attorney
- 24 -
102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, C~LIFORNIA, EXECUTING A JOINT EXERCISE OF
POWERS AGREEMENT TO FORM A ROUTE 30 FREEWAY CORRIDOR
DESIGN AUTHORITY.
WHEREAS, the City of Rancho Cucamonga is authorized under the Joint
Exercise of Powers Law, Government Code Section 6500 et. seq. to join in the
formation of a joint powers authority; and
WHEREAS, decisions are currently being made that will affect the
design, maintenance, and operation of the completed Route 30 Freeway; and
WHEREAS, the City Council of the City of Rancho Cucamonga finds that
a cooperative effort for a consolidated program of design and maintenance
along the Route 30 freeway corridor, which runs through the cities of
Claremont, Fontaria, La Verne, Rancho Cucamonga, Rialto, San Bernardino, and
Upland, and Los Angeles and San Bernardino Counties, can be of benefit to the
people of the City of Rancho Cucamonga.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rancho Cucamonga as follows:
Section 1. That the City Council of the City of Rancho Cucamonga has
reviewed the provisions of the draft agreement attached to this Resolution and
agrees to become a Member Agency of the "Corridor Design Authority."
Section 2. That the Mayor shall sign and the City Clerk shall
certify to the passage and adoption of this Resolution and thereupon the same
shall take effect and be in force.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to
be executed and attested by their proper officers duly authorized and their
official seals to be hereto affixed, on the day and year set opposite the name
of each of the parties.
108
APPRAISAL REPORT
LAND VALUE STUDY
8.56 ACRES
SOUTH SIDE OF FERON BOULEVARD, BEGINNING
558+-- FEET WEST OF TURNER AVENUE
RANCHO CUCAMONGA, CALIFORNIA
Market Value Study
as of
July 17, 1992
Prepared for
RANCHO CUCAMONGA REDEVELOPMENT AGENCY
· City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91729
Prepared by
R. P. LAURAIN & ASSOCIATES, INC.
3353 Linden Avenue, Suite 200
Long Beach, California 90807
R. P. LAURA I
& ASSOCIATES
3353 LINDEN AVENUE. SUITE 200
JUly 20, 1992
Rancho Cucamonga Redevelopment Agency
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91729
Attention: Mr. Olen Jones
Senior Redevelopment Analyst
Subject: Land Value Study
8.56 Acres
South side of Feron Boulevard, beginning
558+ feet west of Turner Avenue
Rancho Cucamonga, California
In accordance with your request, I have personally inspected and
completed an appraisal of the above-captioned property.
The subject property is zoned for low/medium density residential:
development, which zone classification permits four to eight dwelling
units per acre, or a total of 34 to 68 units. Per a Density Bonus
Agreement between the City of Rancho Cucamonga and Jean
Deukmejian, executed October 15, 1986, the subject site can be
developed with 20 additional residential units "for a maximum total of
eighty-eight (88) units." The subject acreage equals 372,874 square
feet of land area; the development density of 88 units equals 4,237
square feet of land area per unit.
After considering the various factors which influence the value of the
subject land, the unencumbered fee simple market value, as of July
17, 1992, is estimated at:
ONE MILLION SIX HUNDRED FIFTY THOUSAND DOLLARS
$1,650,000.
The foregoing value is subject to (1) the assumptions and limiting
conditions set forth in the Preface Section, and (2) the valuation
study set forth in the Valuation Analysis Section. No portion of this
report shall be amended or deleted.
APPRAISERS ANALYSTS
Rancho Cucamonga Redevelopment Agency
City of Rancho Cucamonga
Attention: Mr. Olen Jones
Senior Redevelopmerit Analyst
July 20, 1992
Page 2
This appraisal report is submitted in triplicate; I have retained a file
copy. If you require any additional information from my file, it would
be appreciated if you would contact me at your convenience.
Very truly yours,
RPL:II
R, P. LAURAXN
TABLE OF CONTENTS
Title Page
Letter of Transmittal
Table of Contents
PREFACE
Executive Summary
Location Map
Date of Value
Purpose of the Appraisal
Property Rights Appraised
Appraiser's Certification
Scope of the Investigation
Assumptions and Limiting Conditions
Terms and Definitions
SUBJECT PROPERTY DESCRIPTION
Vestee
Property Address
Legal Description
Plat Drawing
Site Description
Building Improvements
Other Improvements
Assessment Data
Owner Notification
Ownership History
Neighborhood Environment
VALUATION ANALYSIS
Highest and Best Use
Valuation Methods
Market Data Approach
Final Estimate of Land Value
TABLE OF CONTENTS (Continued)
MARKET DATA
Summary of Land Sales
Land Sales Data
Market Data Map
ADDENDA
Photographs
Qualifications of Appraiser
EXECUTIVE SUMMARY
PURPOSE OF APPRAISAL: Market value estimate of subject land.
ADDRESS: 9901+-- Feron Boulevard
Rancho Cucamonga, California
LOCATION: South side of Feron Boulevard, beginning
558+__ feet west of Turner Avenue.
VESTEE: Jean Deukmejian, trustee for Deukmejian
Family Trust.
SITE:
Dimensions: Various dimensions; see plat drawing.
Area: 8.56 acres, or 372,874 square feet.
Configuration: "L" shape.
Zoning: LM (low/medium density residential); sub-
ject property has density bonus which
increases the maximum potential develop-
ment to 88 units.
IMPROVEMENTS:
Comment: No building improvements on site.
HIGHEST AND BEST USE: As zoned, with development density of
88 residential units.
DATE OF VALUE: July 17, 1992.
VALUE INDICATIONS:
Market Data Approach: $1,650,000.
Cost Approach: Not applicable.
Income Approach: Not applicable.
RECONCILIATION: The Market Data Approach is the only
approach applicable as a reliable value
indicator.
MARKET VALUE ESTIMATE: $1,650,000.
P. LAURAIN
ASSOCIATES
,,., · b~:' -""'Location Map
,::::': ;:-, ,.,-,,,.-,,,:,: ......,.
FOREST ', 2 ~'
~c. .... IARDINO
8LOQMINGTON
DATE OF VALUE
The date of value employed in this report, and all opinions and
computations expressed herein, are based on July 17, 1992. Said
date being generally concurrent with (1) the last review of the subject
property, and (2) the valuation analysis process.
PURPOSE OF THE APPRAISAL
The purpose of this appraisal report is to express an estimate of the
market value of the subject land, in fee simple, absent any liens,
leases, or other encumbrances, as of the date of value set forth
above. The definition of market value is set forth in the following
portion of this section following the heading "Terms and Definitions."
Further, it is the purpose of this appraisal report to describe the
subject property, and to render an opinion of the highest and best
use based on (1) the character of existing and potential development
of the property appraised, (2) the requirements of local governmental
authorities affecting the subject property, (3) the reasonable demand
in the open market for properties similar to the subject property, and
(4) the location of the subject property considered with respect to
other existing and competitive areas in the City of Rancho
Cucamonga, as well as neighboring communities.
Further, it is the purpose of this appraisal report to provide an
outline of certain factual and inferential information which was
compiled and analyzed in the process of completing this appraisal
study.
PROPERTY RIGHTS APPRAISED
The property rights appraised herein are those of the unencumbered
fee simple interest. Fee simple is defined as, "An absolute fee; a fee
without limitations to any particular class of heirs, or restrictions, but
subject to the limitations of eminent domain, escheat, police power,
and taxation. An inheritable estate."
1-2
CERTIFICATION
The undersigned does hereby certify, except as otherwise noted in
this appraisal report, that:
I have personally inspected the subject property; I have
no present or contemplated future interest in the real
estate which is the subject of this appraisal report. Also,
I have no personal interest or bias with respect to the
subject matter of this appraisal report, or the parties
involved.
The amount of the fee is not contingent upon reporting a
predetermined value or upon the amount of the value
estimate. Also, to the best of my knowledge and belief
the statements of fact contained in this appraisal report,
upon which the analyses, opinions, and conclusions
expressed herein are based, are true and correct.
This appraisal report sets forth all of the special and
limiting conditions (imposed by the terms of this
assignment or by the undersigned), affecting the analyses,
opinions, and conclusions contained herein.
The analyses, opinions, and conclusions, were developed,
and this report has been prepared, in conformity with the
Uniform Standards of Professional Appraisal Practice. As
of the date of this report, I have completed the
requirements of the Continuing Education Program of the
Appraisal Institute, and the American Society of Ap-
praisers.
That no one other than the undersigned prepared the
analyses, conclusions, and opinions that are set forth in
this appraisal report concerning the real estate. Further,
no other person provided significant professional assist-
ance.
nal~d P~.Eaur~!~L.,St~PA, 'ASA
Date: July 20, 1992
SCOPE OF THE INVESTIGATION
The appraiser, in connection with the following appraisal study, has:
1. Been retained, and has accepted the assignment, to
make an objective analysis/valuation study of the
subject property and to report, without bias, his
estimate of fair market value. The subject property
. is particularly described in the following portion of
this report in the section entitled Subject Property
Description.
2. Toured the general area by automobile to acquaint
himself with the extent, condition, and quality of
nearby developments, sales and offerings in the
area, density and type of development, topographical
features, economic conditions, trends toward change,
etc.
3. Walked within the subject property, and some of the
nearby neighborhood, to acquaint himself with the
current particular attributes, or shortcomings, of the
subject property.
4. Completed an inspection of the subject property for
the purpose of becoming familiar with certain
physical characteristics.
5. Made a visual observation concerning public streets,
access, drainage, and topography of the subject
property.
6. Obtained information regarding public utilities and
sanitary sewer available at the subject site.
7. Made, or obtained from other qualified sources,
calculations on the area of land contained within the
subject property. Has made, or caused to be made,
plats and plot plan drawings of the subject property,
and has checked such plats and plot plan drawings
for accuracy and fair representation.
8. Taken photographs of the subject property, together
with photographs of the immediate environs.
SCOPE OF THE INVESTIGATION (Continued)
9. Made, or caused to be made, a search of public
records for factual information regarding the recent
sales of the subject property, and for recent sales of
comparable properties. Has viewed, confirmed the
sale price, and obtained certain other information
pertaining to each sale property contained in this
report.
10. Reviewed current maps, zoning ordinances, and
other material for additional background information
pertaining to the subject property, and sale prop-
erties.
11. Attempted to visualize the subject property as it
would be viewed by a willing and informed buyer, as
well as a willing and informed seller.
12. Interviewed various persons, in both public and
private life, for factual and inferential information
helpful in this appraisal study.
13. Formed an opinion of the highest and best use
applicable to the subject property appraised herein.
14. Formed an estimate of market value, as of the date
of value set forth herein, for the subject property.
15. Prepared and delivered this appraisal report, in
triplicate, in summation of all the activities outlined
above.
ASSUMPTIONS AND LIMITING CONDITIONS
This appraisal is made with the following understanding as set forth
in items No. I through 12, inclusive:
1. That title to the subject property is assumed to be
good and merchantable. Liens and encumbrances, if
any, have not been deducted from the final estimate
of value.
2. That the appraiser assumes there are no hidden or
unapparent conditions of. the subject property subsoil
which would render them more or less valuable.
Further, the appraiser assumes no responsibility for
such conditions or for the engineering which might be
required to discover such conditions. The property
appraised is assumed to meet all governmental codes,
requirements, and restrictions, unless otherwise stated.
3. That no soils report, topographical mapping, or survey
of the subject property was provided to the appraiser;
therefore information, if any, provided by other
qualified sources pertaining to these matters is
believed accurate, but no liability is assumed for such
matters. Further, information, estimates and opinions
furnished by others and contained in this report
pertaining to the subject property and market data
were obtained from sources considered reliable and
are believed to be true and correct. No responsibil-
ity, however, for the accuracy of such items can be
assumed by the appraiser.
4. That unless otherwise stated herein, it is assumed
there are no encroachments, easements, soil toxics/-
contaminates, or other physical conditions adversely
affecting the value of the subject property.
5. That no opinion is expressed regarding matters which
are legal in nature or other matters which would
require specialized investigation or knowledge ordinar-
ily not employed by real estate appraisers, even
though such matters may be mentioned in the report.
ASSUMPTIONS AND LIMITING CONDITIONS (Continued)
6. That there are no mineral resources On the subject
property having a commercial value. Market sales
which were examined make no distinction as to the
existence of mineral resources or recognition of value
therefor. The value of all minerals of all kinds is
therefore excluded from the value of the total
property.
7. That the appraiser has conducted a visual inspection
of the subject property and the market data
properties. Should subsequent information be pro-
vided relative to changes or differences in (1) the
quality of title, (2) physical condition or characteris-
tics of the properties, and/or (3) governmental
restrictions and regulations, which would increase or
decrease the value of the subject property, the
appraiser reserves the right to amend the final
estimate of value.
8. That the appraiser, by reason of this appraisal, is not
required to give testimony in court or at any
governmental or quasi-governmental hearing with
reference to the property appraised, unless contrac-
tual arrangements have been previously made there-
for.
9. That drawings, plats, maps, and other exhibits
contained in this report are for illustration purposes
only and are not necessarily prepared to standard
engineering or architectural scale.
10. That this report is effective only when considered in
its entire form, as delivered to the client. No portion
of this report will be considered binding if taken out
of context.
11. That possession of this report, or a copy thereof,
does not carry with it the right of publication, nor
shall the contents of this report be copied or
conveyed to the public through advertising, public
relations, sales, news, or other media, without the
written consent and approval of the appraiser,
ASSUMPTIONS AND LIMITING CONDITIONS (Continued)
particularly with regard to the valuation of the
property appraised and the identity of the appraiser,
or the firm with which he is connected, or any
reference to the Appraisal Institute, or the American
Society of Appraisers, or designations conferred by
said organizations.
12. That this appraisal study is considered completely
confidential and will not be disclosed or discussed, in
whole or in part, with anyone other than the client, or
persons designated by the client.
TERMS AND DEFINITIONS
In the following report, your appraiser has used certain technical terms
which are defined, herein, for the benefit of those who may not be
fully familiar with said terms.
MARKET VALUE (or Fair Market Value):
The highest price, estimated in terms of money, which
would be paid by a willing buyer to a willing seller,
allowing sufficient reasonable time to find a buyer, both
buyer and seller acting without duress and both being fully
advised as to the purposes to which the property can be
best used. Market Value is estimated as of the date of
valuation set forth in the appraisal.
The California Code of Civil Procedure, S1263.320, states:
"(A) The fair market value of the property taken is the
highest price on the date of valuation that would be agreed
to by a seller, being willing to sell but under no particular
or urgent necessity for so doing, nor obliged to sell, and a
buyer, being ready, willing, and able to buy but under no
particular necessity for so doing, each dealing with the
other with full knowledge of all the uses and purposes for
which the property is reasonably adaptable and available.
(B) The fair market value of property taken for which there
is no relevant market is its value on the date of valuation
as determined by any method of valuation that is just and
equitable."
MARKET DATA APPROACH:
One of the three accepted methods of estimating Market
Value. This approach consists of the investigation of
recent sales of similar properties to determine the price at
which said properties sold. The information so gathered is
judged and considered by the appraiser as to its
comparability to the subject property. Recent comparable
sales are the basis for the Market Data Approach.
R, P, LAURAIN
& ASSOCIATE~
TERMS AND DEFINITIONS (Continued)
COST APPROACH:
Another accepted method of estimating Market Value.
This approach consists of estimating the new construction
cost of the building and yard improvements and making
allowances for appropriate amount of depreciation. The
depreciated reconstruction value of the improvements is
then added to the Land Value estimate gained from the
Market Data Approach. The sum of these two figures is
the value indicated by the Cost Approach.
INCOME APPROACH:
The Income Approach consists of capitalizing the net
income of the property under study. The capitalization
method studies the income stream, allows for (1) vacancy
and credit loss, (2) fixed expenses, (3) operating ex-
penses, and (4) reserves for replacement, and estimates
the amount of money which would be paid by a prudent
investor to obtain the net income. The capitalization rate
is usually commensurate with the risk, and is adjusted for
future depreciation or appreciation in value.
DEPRECIATION:
Used in this appraisal to indicate a lessening in value from
any one or more of several causes. Depreciation is not
based on age alone, but can result from a combination of
age, condition or repair, functional utility, neighborhood
influences, or any of several outside economic causes.
Depreciation applies only to improvements. The amount of
depreciation is a matter for the judgment of the appraiser.
HIGHEST AND BEST USE:
Used in this appraisal to describe that private use which
will (1) Yield the greatest net return on the investment. (2)
Be permitted or have the reasonable probability of being
permitted under applicable laws and ordinances. (3) Be
appropriate and feasible under a reasonable planning,
zoning, and land use concept.
1-10
SUBJECT PROPERTY
View looking southeasterly at the subject property from
Feron Boulevard. See additional photographs in the
Addenda Section.
VESTEE: Jean Deukmejian, Trustee for Deukmejian
Family Trust.
PROPERTY ADDRESS: 9901+_ Feron Boulevard
Rancho Cucamonga, California.
LEGAL DESCRIPTION: Parcel No. 2, Parcel Map 10208, per
map recorded in Book 120, Pages 59-60
of Parcel Maps, in the office of the
County Recorder, County of San Bernar-
dino, California.
2-1
SITE DESCRIPTION
LOCATION: South side of Feron Boulevard, beginning
558+ feet west of Turner Avenue, within
the corporate limits of the City of
Rancho Cucamonga.
LAND SHAPE: "L" shape.
DIMENSIONS: Various dimensions; see highlighted por-
tion of plat drawing on the opposite
page.
LAND AREA: 8.56 acres per San Bernardino County
Assessor's mapping, or 372,874+-- square
feet.
TOPOGRAPHY: Effectively level to gently sloping down-
ward from north to south.
DRAINAGE: Appears to be adequate. No major
depressions or low areas were noted
within the bounds of the subject property
which would cause a water ponding
condition during the rainy season.
SOIL STABILITY: Assumed to be adequate based upon
other developments in the immediate
area. It should be noted, however, that
the appraiser was not provided with a
soils report.
SOIL CONTAMINATION: None known or observed, however, a
soils study has not been provided to the
appraiser. The subject property has
been appraised as though free of soil
contaminates and toxics.
ACCESS: The subject property has 601.28 feet of
frontage on Feron Boulevard, and 240.15
feet on Ramona Avenue. The A.T.&S.F.
Railroad right-of-way borders the subject
site along the south property line; rail
spur access is not available.
LAURAIN
2-2
SITE DESCRIPTION (Continued)
RIGHT-OF-WAY WIDTH: Feron Boulevard: 68 feet.
Ramona Avenue: 65 feet (unimproved).
STREET SURFACING: Asphalt paved traffic lanes on Feron
Boulevard.
CURB AND GUTTER: Concrete curb and gutter on each side
of Feron Boulevard.
SIDEWALK: Concrete sidewalk on each side of Feron
Boulevard.
STREET LIGHTS: Mounted on ornamental standards.
PUBLIC UTILITIES: Water, gas, electric power, and telephone
are available at the site.
SANITARY SEWER: Available at site.
ENCROACHMENTS: None apparent. The appraiser, however,
was not provided with a survey of the
subject property.
EASEMENTS: A title report was not provided to the
appraiser. Easements, if existing, are
assumed to be located along the prop-
erty lines, not interfering with the highest
and best use development. It is as-
sumed there are no "blanket' or "cross
lot" easements.
EARTHQUAKE FAULT: The subject property is not located in an
earthquake study zone.
FLOOD HAZARD AREA: The subject property is not located within
a flood zone, per data issued by the
Federal Emergency Management Agency.
ILLEGAL USES: None observed.
PRESENT USE: Vacant land.
SITE DESCRIPTION (Continued)
ZONING: LM (low/medium density residential devel-
opment). The development density is
four to eight units per acre which, in the
subject case, permits 34 to 68 residential
units. The subject site, however, has a
bonus density which permits a maximum
of 88 residential units.
Development requirements include a mini-
mum land area of five acres, maximum
building height of 35 feet, open space
requirement of 300 square feet per
ground level unit, and 150 square feet
per upper story unit.
Common open space shall be a minimum
of 10%; usable open space (private and
common) shall be 45%.
Parking requirements include 1.3 spaces
per studio (single) unit, 1.5 spaces per
one bedroom units, 1.8 spaces per two
bedroom units, and 2.0 spaces per three
bedroom units. Additionally, one guest
space is required per four units. Guest
parking can be open; approximately one-
half total tenant parking shall be in a
garage or carport.
BUILDING IMPROVEMENTS
COMMENT: There are no building improvements
located on the subject site.
OTHER IMPROVEMENTS
COMMENT: There are no other improvements on the
subject site.
ASSESSMENT DATA
ASSESSOR'S PARCEL NO.: 209-085-20
ASSESSED VALUATIONS: Land: $609,372. Improvements: $ 00.
TAX CODE AREA: 15031
TAX YEAR: 1991-92
REAL ESTATE TAXES: $6,494.84*
SPECIAL ASSESSMENTS: None known.
* Real estate taxes will be increased to 1% to
1.25% of purchase price if property is sold to
a private party (per Proposition 13).
OWNER NOTIFICATION
COMMENT: The subject property owner's representa-
tive, in the person of Ms. Pare Morales,
was contacted by telephone on June 26,
1992, at (818) 335-5661. An invitation
was extended to Ms. Morales to accom-
pany the appraiser at the time of the
formal inspection of the subject property.
Ms. Morales declined the invitation. A
formal inspection was conducted of the
subject property on July 6, 1992.
OWNERSHIP HISTORY
COMMENT: Based upon San Bernardino County
Assessor's records, and other documents,
the subject property has been vested
with the current owner more than five
years. The original purchase price,
therefore, is not relevant to the current
market value.
2-5
NEIGHBORHOOD ENVIRONMENT
LAND USES: Predominate use in the immediate neigh-
borhood is single family residential use.
The Rancho Cucamonga Middle School
facility is located on the north side of
Feron Boulevard, opposite the subject
property. A public park is located im-
mediately east of the subject site. Com-
mercial facilities are located at major
street intersections, which intersections
are at approximately one mile intervals.
BUILT-UP: Immediate neighborhood is effectively
60% built-up, including public facilities.
OCCUPANCY: Owners: 90_+_%; tenants: 10+%
LOCATION: Suburban residential location.
TREND: The value trend at the present time is
effectively static, after a declining trend
for approximately one and one-half years.
There is some new commercial and
residential development in the general
subject area.
AGE RANGE: Residential development ranges from ap-
proximately 20 years to exceeding 50
years.
PRIDE OF OWNERSHIP: Pride of ownership, evidenced by an
ongoing maintenance program, ranges
from fair to good in the immediate
subject neighborhood.
OTHER: Community facilities and services are
considered average. The City of Rancho
Cucamonga provides police and fire
protection.
See Valuation Analysis beginning on the following page.
VALUATION ANALYSIS
The purpose of the subject valuation study is the estimation of the
market value of the subject land. Prior to the application of the
appraisal process, it is necessary to consider and analyze the highest
and best use of the subject land.
HIGHEST AND BEST USE ANALYSIS:
Highest and best use is defined in The Dictionary of Real Estate
Appraisal, by the American Institute of Real Estate Appraisers, 1984
Edition, Page 152, as:
"1. The reasonable and probable use that supports the
highest present value of vacant land or improved
property, as defined, as of the date of appraisal.
"2. The reasonably probable and legal use of land or
sites as though vacant, found to be physically
possible, appropriately supported, financially feasible,
and that results in the highest present land value.
"3. The most profitable use.
"Implied in these definitions is that the determination of
highest and best use takes into account the contribution
of a specific use to the community and community
development goals as well as the benefits of that use to
individual property owners. Hence, in certain situations
the highest and best use of land may be for parks,
greenbelts, preservation, conservation, wild life habitats,
and the like."
Further, highest and best use is defined in the Real Estate
Terminology Book, sponsored by the American Institute of Real Estate
Appraisers, and the Society of Real Estate Appraisers, 1975 Edition,
Page 126, as:
"That reasonable and probable use that supports the
highest present value, as defined, as of the effective date
of the appraisal, Alternatively, that use, from among
reasonably probable and legal alternative uses, found to
VALUATION ANALYSIS (Continued)
HIGHEST AND BEST USE ANALYSIS: (Continued)
be physically possible, appropriately supported, financially
feasible, and which results in the highest land value.
"The definition immediately above applies specifically to
the highest and best use of land. It is to be recognized
that in cases where a site has existing improvements on
it, the highest and best use may very well be determined
to be different from the existing use. The existing use
will continue, however, unless and until land value in its
highest and best use exceeds the total value of the
property in its existing use.
"Implied within these definitions is recognition of the
contribution of that specific use to community environment
or to community development goals in addition to wealth
maximization of individual property owners. Also implied
is that the determinization of highest and best use results
from the appraiser's judgment and analytical skill, i.e., that
the use determined from analysis represents an opinion,
not a fact to be found. In the appraisal process, the
concept of highest and best use represents the premise
upon which value is based. In the context of most
probable selling price (market value) another appropriate
term to reflect highest and best use would be most
probable use. In the context of investment value an
alternative term would be most probable use."
The foregoing definitions apply specifically to land. In the process of
forming an opinion of highest and best use, consideration must be
given to various environmental and political factors such as zoning
restrictions, probability of zone change, private deed restrictions,
location, land size and configuration, topography, and the character
and quality of land uses in the immediate and general subject
neighborhood.
There are four basic criteria utilized in the highest and best use
analysis of a property. The four criteria are summarized as follows:
1. Physically possible.
2. Legally permissible.
3. Financially feasible.
4. Maximally productive.
3-2
VALUATION ANALYSIS (Continued)
HIGHEST AND BEST USE ANALYSIS: (Continued)
The foregoing are typically sequentially; for example, a specific use
may prove to be maximally productive, however, if it is not legally
permissible, the productivity is irrelevant.
Physically Possible:
The physical possibility of developing a specific property is governed,
in part, by the size, shape, area, and terrain of the property in
question. The availability of public utilities is also an important
consideration in the analysis of a property's overall development
potential.
Legally Permissible:
Legally permissible uses are determined, in part, by a community's
general plan, zoning requirements, local building codes, and private
deed restrictions.
The general plan of a community is established to assure Continuity
of development within the community and the surrounding area.
There is usually a consistency between the general plan of a
community and the various zone classifications. The zone classifica-
tion sets forth the various types of development allowed within a
specific zone district. Zoning requirements typically constitute the
available choices of development for a property. Local building
codes are generally addressed as part of the zone classification, and
include items such as maximum building densities, building height
restrictions, set-back and parking requirements, etc. Private deed
restrictions relate to mutual agreements under which a property was
acquired. Said restrictions may prohibit certain types of development.
Financially Feasible:
Those uses which meet the first two criteria, i.e. physically possible
and legally permissible, are further analyzed in order to determine
which uses produce an adequate return on the investment. The
specified use is considered financially feasible if the net income
capable of being generated is enough to satisfy the required rate of
return and provide a return on the land.
VALUATION ANALYSIS (Continued)
HIGHEST AND BEST USE ANALYSIS: (Continued)
Maximally Productive:
Among those uses which are considered financially feasible, that use
which produces the highest price, or value, consistent with the
required rate of return, is considered the highest and best use of the
property.
Conclusion:
The subject property is currently zoned LM (low/medium residential).
The existing zoning has been in place more than five years. The
existing zone classification permits four to eight dwelling units per
8cr6.
The subject site contains a land area of 8.56 acres, or 372,874
square feet. Based on the development density permitted by the
existing zoning, the subject site could accommodate 34 to 68 dwelling
units.
Per a Density Bonus Agreement between the City of Rancho
Cucamonga and Jean Deukmejian, executed October 15, 1986, the
subject site can be developed with 20 additional residential units, "for
a maximum total of eighty-eight (88) units." The development density
of 88 units equals 4,287 square feet of land area per unit.
In view of the existing zoning, along with the existing land uses in
the immediate subject neighborhood, the high density multiple family
residential use is considered physically possible and legally permissi-
ble. Also, it is judged financially feasible and maximally productive
inasmuch as the multiple family residential development of the subject
site would produce the highest land value, and thus the maximum
production with respect to the greatest return on the overall
investment in the land.
VALUATION METHODS:
There are three conventional methods or approaches employed to
estimate value. They are the Market Data Approach, Cost Approach,
and Income Approach. Inasmuch as the subject property is a vacant
parcel of land, the Market Data Approach is the only approach
considered applicable as a reliable indicator of value.
VALUATION ANALYSIS (Continued)
VALUATION METHODS: (Continued)
The reader is referred to the last portion of the Preface Section,
following the heading inTerins and Definitions," for a brief description
of the Market Data Approach.
MARKET DATA APPROACH:
The Market Data Approach takes into account properties which have
sold in the open market. This approach, whether applied to vacant
or improved property, is based on the Principle of Substitution which
states, "The maximum value of a property tends to be set by the
cost of acquiring an equally desirable substitute property, assuming
no costly delay is encountered in making the substitution.' Thus, the
Market Data Approach attempts to equate the subject property with
sale properties by analyzing and weighing the various elements of
comparability.
Land Value:
The Market Data Approach was utilized to estimate the value of the
subject land after an investigation and analysis was conducted of
sales of vacant land, or effectively vacant land, within the City of
Rancho Cucamonga, and neighboring communities. Due to the lack
of land sales in the immediate subject area suitable for multiple family
residential development, it was necessary to expand the geographic
search area in order to locate a representative number of land value
indicators.
The reader is referred to the Market Data Maps, on the following
pages, for an illustration of the proximity of the land value indicators
to the subject property. The reader is also referred to the Market
Data Section for comprehensive information pertaining to the land
sales employed in this study.
After viewing the various sale properties, confirming the sale price of
each, and obtaining certain information pertinent to land value, the
appraiser analyzed certain of the elements of comparability for each
sale property which, among others, include the following:
General location.
Immediate environmental influences.
Zoning.
3-5
VALUATION ANALYSIS (Continued)
MARKET DATA APPROACH: (Continued)
Land Value: (Continued)
Vehicular and pedestrian access.
Vehicular and pedestrian traffic.
Availability of public alley, or secondary access.
Land size, configuration, and plottage.
Frontage/depth ratio.
Corner location versus inside location.
Development density.
Site prominence and exposure.
The date of sale was also considered in the final analysis. The sales
contained in this report, and considered helpful in this study, have
been adjusted beginning with the first full month following the sale
date. The adjustment has been made to the nearest 0.50%, based
upon the following schedule:
Year 1989: · 6%, or +0.50% per month.
Year 1990: · 3%, or .0.25% per month (Jan.- April).
Static value trend May - August.
- 3%, or -0.25% per month (Sept. - Dec.).
Year 1991: -12%, or-1.00% per month.
Year 1992: -12%, or -1.00% per month (Jan. - Mar.*)
While sales data in this report date back to 1989, the adjustments
are based upon observations of the real estate market and value
appreciation cycles dating back more than ten years.
Interest rates were very high in the early 1980s, ranging up to 15%
to 18%. In 1985, interest rates became "tolerable;' demand, real
estate activity, and real estate prices began to increase. The prime
rate in July, 1985, was 9.5%, the lowest rate in the previous seven
years.
Interest rates began to increase in 1989; there was a concomitant
decrease in demand and real estate activity later in the year. The
surge of appreciation also decreased.
* Level market thereafter.
VALUATION ANALYSIS (Continued)
MARKET DATA APPROACH: (Continued)
Land Value: (Continued)
Overall, the obvious decline in real estate activity, increased interest
rates in the latter part of the 1980s and subsequent decrease in
interest rates in 1991 and 1992, questionable confidence in the
overall economy, uncertainty of the Federal Reserve Board with
respect to monetary policy, income tax treatment of capital gains, and
certain unstable international events, combine to cause the current
real estate condition in the local Southern California area.
Activity in most real estate markets, and sale prices along with
absorption rates, have decreased over the past year. Many
economists are of the opinion that the economy is at the low point of
the current cycle. Also, the recovery term is expected to be slow
and lengthy.
The marketability of each sale property was also considered.
Marketability is the practical aspect of selling a property in view of all
the elements constituting value, and certain economic and financing
conditions prevailing as of the date of sale. Allowance was made for
this factor when considered applicable.
The reader is referred to the summary of Residential Land Value
Indicators on the opposite page. it can be noted that the prices
range from $5.48 to $9.09 per square foot of land area, and $13,141
to $23,498 per (apartment or condominium) unit. The sales are set
forth in chronological order and took place between September, 1989,
and April, 1992. Current market research did not disclose any more
recent comparable land sales in the immediate subject neighborhood.
Each of the sale properties has been adjusted for market conditions
existing as of the date of sale based upon the schedule indicated
above, i.e. positive 6% annual rate for 1989, positive 3% annual rate
for 1990, etc. The adjusted rates are as follows:
Continued ....
3-7
VALUATION ANALYSIS (Continued)
MARKET DATA APPROACH: (Continued)
Land Value: (Continued)
Data Adjustment $ Per SF $ Per Unit
A -13.5% $6.13 $16 759.
B -14.5% $6.14 $15 903.
C -15.0% $4.98 $13 538.
D -15.0% $7.73 $19 973.
E -15.5% $7.50 $18 912.
F -15.5% $4.63 $11 747.
G no adjmt. $6.83 $13,141.
Following are comments regarding the respective sale properties, and
the comparability to the subject property.
Data A
Located on the north side of D Street, beginning 348 feet
west of Corona Street, in Ontario. The site was vacant at
the time of sale; it has since been developed with an
apartment complex having 240 units. Purchase price was
$4,650,000, with $650,000 cash down. The sale recorded
September 28, 1989.
The sale property is considered slightly superior to the
subject property with respect to frontage/depth ratio; it is
also superior regarding general location, immediate envi-
ronmental influences, and development density. It is not
judged inferior -in any respect. Other elements of
comparability are generally similar.
A negative adjustment of 20% has been applied to the
market conditions adjusted unit rate for the overall inferior
comparability of the subject site. The indicated unit
values of the subject site are $4.90 per square foot of
land area, and $13,407 per unit.
Data B
Located at the southeast corner of Fifth. Avenue and
Washington Boulevard, in Upland. The site was vacant at
3-8
VALUATION ANALYSIS (Continued)
MARKET DATA APPROACH: (Continued)
Land Value: (Continued)
the time of sale; it has since been developed with an
apartment building complex of 20 units. Purchase price
was $372,000, all cash. The sale recorded November 30,
1989.
The sale property is considered superior to the subject
property with respect to general location, immediate
environmental influences, access, corner location,
frontage/depth ratio, development density, and site
prominence. It is judged inferior regarding overall land
plottage. Other elements of comparability are generally
similar.
A negative adjustment of .30% has been applied to the
market conditions adjusted unit rate for the overall inferior
comparability of the subject site. The indicated unit values
of the subject site are $3.68 per square foot of land area,
and $9,542 per unit.
Data C
Located at the northwest corner of Victoria Park Lane and
Atwood Street, in Rancho Cucamonga. The site was
vacant at the time of sale; it has since been developed
with a condominium complex of 124 units. Purchase price
was $1,975,000, effectively all cash. The sale recorded
December 15, 1989.
The sale property is considered superior to the subject
property with respect to general location, immediate
environmental influences, corner location, development
density, and site prominence. It is judged inferior
regarding frontage/depth ratio, and topography. Other ele-
ments of comparability are generally similar.
A negative adjustment of 5% has been applied to the
market conditions adjusted unit rate for the overall inferior
comparability of the subject site. The indicated unit values
of the subject site are $4.73 per square foot of land area,
and $12,861 per unit.
P. LAURAIN
ASSOCIATES i
3-9
VALUATION ANALYSIS (Continued)
MARKET DATA APPROACH: (Continued)
Land Value: (Continued)
Data D
Located at the east side of Turner Avenue, beginning 247
feet south of Fourth Street, in Ontario. The site was
vacant at the time of sale; it is currently under
development with a condominium project of 297 units.
Purchase price was $6,979,000, all cash. The sale
recorded December 18, 1989.
The sale property is considered superior to the subject
property with respect to general location, immediate
environmental influences, and development density. It is
not judged inferior in any respect. Other elements of
comparability are generally similar.
A negative adjustment of 15% has been applied to the
market conditions adjusted unit rate for the overall inferior
comparability of the subject site. The indicated unit values
of the subject site are $6.57 per square foot of land area,
and $16,977 per unit.
Data E
Located on the south side of Sixth Street, opposite Homes
Court, in Ontario. The site was vacant at the time of sale;
it has since been developed with 42 townhouse units.
Purchase price was $940,000, with $240,000 cash down.
The sale recorded February 26, 1990.
The sale property is considered superior to the subject
property with respect to access and development density.
It is judged inferior regarding overall land plottage and
frontage/depth ratio. Other elements of comparability are
generally similar.
No overall adjustment has been made inasmuch as the
superior and inferior elements of comparability are
offsetting. The indicated unit values of the subject
property are $7.50 per square foot of land area, and
$18,912 per unit.
3-10
VALUATION ANALYSIS (Continued)
MARKET DATA APPROACH: (Continued)
Land Value: (Continued)
Data F
Located on the south side of San Bernardino Avenue,
opposite Evergreen Lane, in the Bloomington District of
San Bernardino County. The site was vacant at the time
of sale; buyer is presently in site preparation phase for an
apartment building complex of 41 units. Purchase price
was $570,000, with $435,000 cash down. The sale
recorded November 29, 1990.
The sale property is considered superior to the subject
property with respect to development density and site
prominence. It is judged inferior regarding general
location, immediate environmental influences, land plottage,
and frontage/depth ratio. Other elements of comparability
are generally similar.
A positive adjustment of 5% has been applied to the
market conditions adjusted unit rate for the overall superior
comparability of the subject site. The indicated unit values
of the subject site are $4.86 per square foot of land area,
and $12,334 per unit.
Data G
Located at the southwest corner of Fourth Street and
Center Avenue, in Ontario. The site was vacant at the
time of sale; buyer intends to develop a condominium
complex of 312 units. Purchase price was $4,100,000, all
cash. The sale recorded April 21, 1992.
The sale property is considered superror to the subject
property with respect to general location, immediate
environmental influences, access, corner location,
frontage/depth ratio, and development density. It is not
judged inferior in any respect. Other elements of
comparability are generally similar.
A negative adjustment of 30% has been applied to the
market conditions adjusted unit rate for the overall inferior
3-11
VALUATION ANALYSIS (Continued)
MARKET DATA APPROACH: (Continued)
Land Value: (Continued)
comparability of the subject site. The indicated unit values
of the subject site are $4.78 per square foot of land area,
and $9,199 per unit.
Based on the foregoing, and after making adjustments for market
conditions existing as of the date of sale, as well as comparability,
the indicated adjusted unit rates indicated by the respective sale
properties are summarized as follows:
Data $ Per SF $ Per Unit
A $4.90 $13,407.
B $3.68 $ 9,542.
C $4.73 $12,861.
~I · D $6.57 $16,977.
E $7.50 $18,912.
F $4.86 $12,334.
G $4.78 $ 9,199.
As can be noted, the range of indicated values is $3.68 to $7.50 per
square foot of land area, and $9,199 to $18,912 per unit. The land
value indicators required adjustments for market conditions (date of
sale) ranging from 0% to negative 15.5%. Additionally, comparability
adjustments ranged from positive 5% to negative 30%.
The development density of the subject site, assuming 88 apartment
units, is one unit per 4,237 square feet of land area. The
development densities of the various sale properties range from one
unit per 2,520 square feet to one unit per 2,733 square feet, except
Data G which is one unit per 1,923 square feet. The development
density of the subject site, therefore, is inferior to that of all the sale
properties.
It should be noted that when analyzing the density characteristic of
sale properties, and given two properties similar in all respects
except development density, as the development density increases
(and total number of units increase), the rate per square foot of land
3-12
VALUATION ANALYSIS (Continued)
MARKET DATA APPROACH: (Continued)
Land Value: (Continued)
will also increase, while the rate per unit will decrease. Conversely,
as the density decreases (and the total number of units decrease)
the rate per square foot of land will decrease, and the rate per unit
will increase.
Thus, while all of the sale properties employed in this study have a
development density far greater than the subject property, the rate
per square foot of land area applicable to the subject property will be
at the lower portion of the indicated range, while the rate per unit
applicable to the subject property will be at the upper portion of the
range.
By way of comparison, the subject land is zoned for low/medium
density residential development. The site contains 8.56 acres, or
372,874 square feet of land area. A bonus density will permit a total
of 88 units, or one unit per 4,237 square feet of land area.
Based on an analysis of the various sale properties, and considering
the financing involved in each transaction, plus considering the date
of sale and land value pattern in the general area, the land value of
the subject property is estimated at $4.50 per square foot of land
area, and $18,500 per unit, as follows:
372,874 SF x $ 4.50 -- $1,677,933.
88 units x $18,500 = $1,628,000.
FINAL ESTIMATE OF VALUE:
Based on the foregoing analysis, and assigning similar weight to the
value indications above, the value of the subject site, as of the date
of value set forth herein, is estimated at $1,650,000.
ASSOCIATES
3-13
MARKET DATA SUMMARY
RESIDENTIAL LAND VALUE INDICATORS:
Data Date Zoning Land Size Corner Density Sale Price $ Per SF $ Per Unit
A. 9-89 R3 656,014 sf no 1/2,733 sf $4,650,000. $ 7.09 $19,375.
N/S D Street, 348.15' W/O Corona Street, Ontario
~. B. 11-89 RM 51,836 sf yes 1/2,592 sf $ 372,000. $ 7.18 $18,600.
4- ~or~ SEC Fifth Avenue and Washington Boulevard, Upland
'-
~.c C. 12-89 VPC 337,154 sf yes 1/2,719 sf $1,975,000. $ 5.86 $15,927.
2.4> NWC Victoria Park Lane and Atwood Street, Rancho Cucamonga
~ D. 12-89 SP 767,571 sf no 1/2,584 sf $6,979,000. $ 9.09 $23,498.
E/S Turner Ave., 247.47' S/O Fourth Street, Ontario
E. 2-90 R2 105,851 sf no 1/2,520 sf $ 940,000. $ 8.88 $22,381.
S/S Sixth Street, opposite Holmes Court, Ontario
F. 11-90 ' RC 104,108 sf no 1/2,539 sf $ 570,000. $ 5.48 $13,902.
S/S San Bernardino Avenue, opposite Evergreen Lane, Bloomington
G. 4-92 SP 599,952 sf yes 1/1,923 sf $4,100,000. $ 6.83 $13,141.
SWC Fourth Street and Center Avenue, Ontario
MARKET DATA A
LOCATION: North side of D Street, beginning 348.15 feet
west of Corona Street, Ontario.
LEGAL DESCRIPTION: Lots 10, 11, and 12, Orange Park Tract, Book
17, Page 55.
GRANTOR: Lycon Partners
GRANTEE: OFA Partners, Ltd.
RECORDING DATE: September 28, 1989 Doc. No. 362614
SALE PRICE: $4,650,000.
TERMS: $650,000 cash down to a concurrent first
trust deed note of $873,000 with the seller on
Lot 10, and a concurrent first trust deed note
of $1,750,000 with the seller on Lots 11 and
12.
CONFIRMED BY: Perky Apperson, agent for grantee.
ASSESSOR'S DATA: Parcel No.: 0110-032-03, 04, and
0110-261-02
LAND SIZE: Various dimensions; 15.06 acres per Asses-
sor's mapping, or 656,014+-- square feet, or
15.06 acres.
TOPOGRAPHY: Effectively level.
ZONING: R2.
PRESENT USE: Buyer developed apartment building complex
consisting of 240 units.
UTILITIES: All available.
STREET IMPROVEMENTS: Fully improved street.
BLDG. IMPROVEMENTS: None; vacant at time of sale.
COMMENT: Development density equals one unit per
2,733 square feet of land area.
Continued ....
4-2
MARKET DATA A (Continued)
COMMENT: (Continued) Purchase price equals $7.09 per square foot
of land area, and $19,375 per unit.
4-3
MARKET DATA A PHOTOGRAPH
MARKET DATA B
LOCATION: Southeast corner of Fifth Avenue and Wash-
ington Boulevard, Upland.
LEGAL DESCRIPTION: Portion of Lot 1, Parcel Map 145, Pages 95
and 96.
GRANTOR: Michael J. Garris, trustee
GRANTEE: Craco Corporation, et al
RECORDING DATE: November 30, 1989 Doc. No. 452552
SALE PRICE: $372,000.
TERMS: All cash.
CONFIRMED BY: Market data resources.
ASSESSOR'S DATA: Parcel No.: 1046-411-28
LAND SIZE: Various dimensions; 51,836 square feet, or
1.19 acres per Assessor's mapping.
TOPOGRAPHY: Effectively level.
ZONING: RM20.
PRESENT USE: Buyer developed an apartment building com-
plex consisting of 20 units.
UTILITIES: All available.
STREET IMPROVEMENTS: Fully improved streets.
BLDG. IMPROVEMENTS: None; vacant at time of sale.
COMMENT: Development density equals one unit per
2,592 square feet of land area.
Purchase price equals $7.18 per square foot
of land area, and $18,600 per unit.
MARKET DATA B PHOTOGRAPH
MARKET DATA C
LOCATION: Northwest corner of Victoria Park Lane and
Atwood Street, Rancho Cucamonga.
LEGAL DESCRIPTION: Lot 1, Tract No. 13873, Book 227, Pages 15
through 17.
GRANTOR: William Lyon Company
GRANTEE: Atwood-Victoria Joint Ventures
RECORDING DATE: December 15, 1989 Doc. No. 489645
SALE PRICE: $1,975,000.
TERMS: Effectively all cash.
CONFIRMED BY: Gary Lukay, William Lyon Company
ASSESSOR'S DATA: Parcel No.: 0227-111-43
LAND SIZE: Various dimensions; 337,154 square feet, or
7.74 acres.
TOPOGRAPHY: Effectively level.
ZONING: VPC.
PRESENT USE: Buyer developed a condominium complex
consisting of 124 units.
UTILITIES: All availabie.
STREET IMPROVEMENTS: Fully improved streets.
BLDG. IMPROVEMENTS: None; vacant at time of sale.
COMMENT: Development density equals one unit per
2,719 square feet of land area.
Purchase price equals $5.86 per square foot
of land area, and $15,927 per unit.
MARKET DATA C PHOTOGRAPH
MARKET DATA D
LOCATION: East side of Turner Avenue, beginning 247.47
feet south of Fourth Street, Ontario.
LEGAL DESCRIPTION: Lots 2 and 3, Portion of Tract No. 13921,
Book 222, Pages 9 and 10.
GRANTOR: Hill Companies
GRANTEE: John Laing Homes, Inc.
RECORDING DATE: December 18, 1989 Doc. No. 490094
SALE PRICE: $6,979,000.
TERMS: All cash.
CONFIRMED BY: Terry Neal, John Laing Homes, Inc.
ASSESSOR'S DATA: Parcel No.: 0210-182-4, 19, 44
LAND SIZE: Various dimensions; 767,571 square feet, or
17.62 acres.
TOPOGRAPHY: Effectively level.
ZONING: SP. '
PRESENT USE: Buyer is constructing a condominium devel-
opment consisting of 297 units.
UTILITIES: All available.
STREET IMPROVEMENTS: Fully improved street.
BLDG. IMPROVEMENTS: None; vacant at time of sale.
COMMENT: Development density equals one unit per
2,584 square feet of land area.
Purchase price equals $9.09 per square foot
of land area, and $23,498 per unit.
MARKET DATA D PHOTOGRAPH
|I. I '
MARKET DATA E
LOCATION: South side of Sixth Street, opposite Homes
Court, Ontario.
LEGAL DESCRIPTION: Lot 1, Tract No. 11458, Map Book 164,
Pages 33 through 35.
GRANTOR: Chen H. Wang, et al
GRANTEE: Euclid Garden Partnership
RECORDING DATE: February 28, 1990 Doc. No. 73821
SALE PRICE: $940,000.
TERMS: $240,000 cash down to a concurrent first
trust deed note of $700,000 with the seller.
CONFIRMED BY: Michael Woo, agent representing buyer and
seller.
ASSESSOR'S DATA: Parcet No.: 1047-424-15, 16
LAND SIZE: Various dimensions; 105,851 square feet, or
2.43 acres.
TOPOGRAPHY: Effectively level.
ZONING: R2.
PRESENT USE: Buyer developed a townhouse development
consisting of 42 units.
UTILITIES: All available.
STREET IMPROVEMENTS: Fully improved street.
BLDG. IMPROVEMENTS: None; vacant at time of sale.
COMMENT: Development density equals one unit per
2,520 square feet of land area.
Purchase price equals $8.88 per square foot
of Hand area, and $22,381 per unit.
MARKET DATA E PHOTOGRAPH
MARKET DATA F
LOCATION: South side of San Bernardino Avenue,
opposite Evergreen Lane, Bloomington Dis-
trict, unincorporated area of San Bernardino
County.
LEGAL DESCRIPTION: East 1/2 of the North 1/2 of Lot 47, Marigold
Acres, Book 19, Page 15.
GRANTOR: Nabil and Susan Nasre
GRANTEE: Rashad and Eva Wasef
RECORDING DATE: November 29, 1990 Doc. No. 471928, 29
SALE PRICE: $570,000.
TERMS: $435,000 cash down to an assumed first trust
deed note of $135,000.
CONFIRMED BY: Nabil Nasre
ASSESSOR'S DATA: Parcel No.: 0252-041-67
LAND SIZE: Rectangular shape; 2.39 acres per Assessor's
mapping, or 104,108 square feet.
TOPOGRAPHY: Effectively level.
ZONING: RC.
PRESENT USE: Property in site preparation phase; buyer
intends to develop apartment building com-
plex consisting of 41 units.
UTILITIES: All available.
STREET IMPROVEMENTS: Fully improved street.
BLDG. IMPROVEMENTS: None; vacant at time of sale.
COMMENT: Development density equals one unit per
2,539 square feet of land area.
Purchase price equals $5.48 per square foot
of land area, and $13,902 per unit.
4-8
MARKET DATA F PHOTOGRAPH
MARKET DATA G
LOCATION: Southwest corner of Fourth Street and Center
Avenue, Ontario.
LEGAL DESCRIPTION: Parcel 5, Portion of Tract No. 13921, Map
Book 222, Pages 9 and 10.
GRANTOR: Ontario Center
GRANTEE: Center Club Ontario Corporation
RECORDING DATE: April 21, 1992 Doc. No. 167790
SALE PRICE: $4,100,000.
TERMS: All cash.
CONFIRMED BY: Perky Apperson, agent for grantee.
ASSESSOR'S DATA: Parcel No.: 0210-162-49
LAND SIZE: Various dimensions; 13.773 acres, per Asses-
sor's mapping, or 599,952+-- square feet.
TOPOGRAPHY: Effectively level.
ZONING: SP.
PRESENT USE: Vacant land; buyer intends to develop a
condominium complex consisting of 312 units.
UTILITIES: All available.
STREET IMPROVEMENTS: Fully improved streets.
BLDG. IMPROVEMENTS: None; vacant at time of sale.
COMMENT: Development density equals one unit per
1,923 square feet of land area.
Purchase price equals $6.83 per square foot
of land area, and $13,141 per unit.
MARKET DATA G PHOTOGRAPH
Market Data Map
. '.. ~ ~ :-~ , _, ,_ :.-
-"- " :~!.". : '.~;:j.:h ': ;;!p ~: =
;.--: ;.-,;-' ! ~ : ·
. ~, ~; ,,,_:L2-'_~ -'
:,,_,L; L
RIALTO
RECORDING REQUESTED BY
REDEVELOPMENT AGENCY OF THE CITY OF RANCliO CUCAMONGA
When Recorded Return To:
Goldfarb & Lipman
One Montgomery Street
Twenty-Third Floor
San Francisco, California 94104
Attn: M David ](root
No fee for recording pursuant to
Government Code Section 27383
DISPOSITION AND DEVELOPMENT
AGREEMENT.
BETWEEN
THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA
NORTHTOWN HOUSING DEVELOPMENT CORPORATION
5~504P.P50
TABLE OF CONTENTS
Paae
ARTICLE 1: DEFINITIONS AND LIST OF EXHIBITS 2
Section 1.1 Definitions . 2
Section 1.2 Exhibits 5
ARTICLE 2: DISPOSITION OF PROPERTY 5
Section 2.1 Sale and Purchase . 5
Section 2.2 Purchase Price 6
Section 2.3 Opening Escrow 6
Section 2.4 Close of Escrow . . 6
Section 2.5 Condition of Title 6
Section 2.6 Financing Plan · · 7
Section 2.7 Lend Use Approvals ...... 7
Section 2.8 Remediation of Toxic Contamination 8
Section 2.9 Civil Engineering. 8
Section 2.10 Condition of Property · · 8
Section 2.11 Costs of Escrow and Closing 8
ARTICLE 3: CONSTRUCTION OF DEVELOPMENT 9
Section 3.1 Relocation . 9
Section 3.2 Construction Pursuant to Plans 9
Section 3.3 Change in Construction of Developm~n& i 9
Section 3.4 Construction Contract .... 9
Section 3.5 Commencement of Development . 9
Section 3.6 Completion of the Development . 9
Section 3.7 Construction Bonds 9
section 3.8 Equal Opportunity . 10
Section 3.9 Compliance with Lew . . . 10
Section 3.10 Certificat6 of Completion 10
ARTICLE 4: ONGOING DEVELOPER OBLIGATIONS 11
Section 4.1 Applicability . . 11
Section 4.2 Covenants Running ~i~'~e'~na ~ 11
Section 4.3 Use .... 11
Section 4.4 Maintenance . 11
sectio. Mandato Le. age'lA All
Deeds, Leases and Contracts . 12
Section 4.6 Hazardous Materials . 13
Section 4.7 Insurance Requirements' 15
ARTICLE 5: ASSIGNMENT ANDTRANSFERS 17
SSS04F/~0
11/18/93 -i-
TABLE OF CONTENTS
(continued)'
Paae
Section 5.1 Definitions ......... 17
Section 5.2 Purpose of Restrictions on Transfer . 18
Section 5.3 Prohibited Transfers .... 18
Section 5.4 Permitted Transfers ......... ~. 18
Section 5.5 Effectuation of Certain Permitte Transfers19
d
Section 5.6 Other Transfers with Xgency Consent 20
Section 5.7 Release of the!.Dev~loper Following
Permitted Transfer 21
ARTICLE 6: REMEDIES ........ 21
Section 6.1 General Applicability. .~. 21
Section 6.2 No Fault of Parties ' .
· .! 21
Section 6.3 Fault of the Agency .J .: 22
Section 6.4 Fault of the DevelOper 22
Section 6.5 Forced Delay .. . . 23
ARTICLE 7: SPECIAL AGENCY REMEDIES .... 24
Section 7.1 Right of Reverter. '. ... 24
Section 7.2 Final Construction, Plans .'. .~ 25
Section 7.3 Inspection of Books and Records . . 25
Section 7.4 Entr~ by the Agency i]. 25
Section 7.5 Rights of Mortgagees 25
ARTICLE 8: SECURITY FINA~CINGANDRIGHTS OF HOLDERS -a. .~ 25
Section 8.1 No Encumbrances Excep~ for Development
Purposes ...... 25
Section 8.2 Holder Not Obligated to Construct . . 26
Section 8.3 Notice of Default and Right to Cure ....~ 26
Section 8.4 Failure of Holder to Complete Development 27
Section 8.5 Right of the Agency to 6are . . .~ .... ~ 27
Section 8.6 Right of Agency to Satisfy Other Lien~ 27
Section 8.7 Holder to be Notified . 28
ARTICLE 9= GENERAL PROVISIONS .. 28
Section 9.1 AgehcyApproval 28
Section 9.2 Amendments 28
28
Section 9.3 Applicable Law . ..
Section 9.4 Binding Upon Successors .... 28
Section Identity and A th rity of.the s e o sr.
Section 9.6 Identity and Authority of the Agehcy 29
SSSO4F.PSO
ll/la/~3
.TABLE OF CONTENTS
(continued)
Paae
Section 9.7 Legal Actions; Attorneys Fees . , . 29
Section 9.8 Notices, Demands and Communications . 30
Section 9.9 Non-Liability of Agency Officials, Employees
and Agents; Non-Liability of the Agency,s
Members
Section 9.10 No Claim~ Ag~iAs& &h~ AgenGy'b½ ~hira ' 30
Persons . . 30
Section 9.11 Parties Not co-ven&ure;sl 31
Section 9.12 Provisions Not Merged with Deeds. 31
Section 9.13 Real Estate Commissions . 31
Section 9.14 Required Changes .
Section 9.15 Rights and Remedies Cumula&i~e' 31
31
Section 9.16 Severability 31
Section 9.17 Time of the Essence .... 32
Section 9.18 Title of Parts and Sections 32
Section 9.19 Complete Understanding of the Parties . 32
DISPOSITION AND. DEVELOPMENT
AGREEMENT
This Agreement (the "Agreement") is made as of the __ day
of , 199 , by and between th~ REDEVELOPMENT AGENCY
OF THE CITY OF RANCHO CUCAMONGA, a public body, corp6rate and
politic (the "Agency"), and the NORTHTOWN' HOUSING DEVELOPMENT
COREORATION, a California nonprofit public benefit corporation
(the "Developer"), with reference to the following facts:
1. All capitalized terms appearing in this Agreement have
the meanings set forth in Article I of this Agreement.
2. Pursuant to its authority g~anted under California law,
the Agency has the responsibility to carry cut the Redevelopment
Plan for the Rancho Cucamonga Redevelopmerit Project Area.
3. The Developer desires to redevelop certain property
owned by the Agency and more particularly. described in the
attached Exhibit A (the "Property"). The Developer wishes to
develop on the Property an approximately 8S-unit multifamily
rental housing development.
4. The Agency has concluded that the Developer has the
necessary expertise, skill, and ability tO carry out the
commitments contained in this Agreement and that this Agreement
is in the best interests of and will materially contribute to,
the effectuation of the Redevelopment Plan.
5. A Hazardous Materials assessment of the Property will
be undertaken by the Agency.
6. An Environmental Impact Report or Negative Declaration
for the development contemplated by ~his Agreement shall be
completed, certified and approved by the AgenCy and the City
after duly-noticed public hearings. The Environment~l I~pact
Report or the Negative Declaration shall be served as the
environmental documentation under the California Environmental
Quality Act (Public Resources Code Section 21000 et sea.), for
consideration and approval of this Agreement .and other specified
land use approvals for=the development of the Property.
7. The purpose of'this Agreement is to provide a mechanism
for the Developer to acquire, own, and develop the Proper%y, and
it is for this reason that the conditions for development of the
Property have been set forth in this Agreement.
11118/93 -1-
NOW, THEREFORE, IN CONSIDERATION of the mutual agreements,
obligations, and representations contained in this Agreement the
Agency and the Developer hereby agree as follows:
ARTICLE 1: DEFINITIONS AND LIST OF EXHIBITS
Section 1.1 ~a~/.~h~/l~.
In addition to the term~ defined elsewhere in this
Agreement, the following definitions shall apply throughout this
Agreement.
a. "Architect's Agreement" shall mean the Agreement
between the Developer and Pyatok Associates, or any successor
architect as the architect for the Development, for the provision
of architect's services.
b. "Agency" shall mean the Redevelopment Agency of the
City of Rancho Cucamonga, a public body, corporate and politic.
c. "Agreement~ shall mean this Disposition and Development
Agreement between the Agency and the Developer, for the
redevelopmerit of the Property.
d. "Certificate of Completion~ shall mean the certificate
to be issued by the Agency pursuant to Section 3.10 of this
Agreement.
e. "City~ shall mean the City of Ranch Cucamonga, a
California municipal corporation.
f- "Closing Date~ shall mean the date scheduled for the
close of Escrow, as specified in Section 2.4 of this Agreement.
g- "Construction Loan(s)~ shall mean the loans obtained by
the Developer to finance purchase of the Property and/or
construction of the Development.
h. "Construction Plans~ shall mean all construction
documentation upon which the Developer, end the Developer's
several contractors, shall rely in building each and every part
of the Development, and shall include, but not necessarily be
limited to, final architectural drawings, landscaping plans and
specifications, final elevations, building plans and
specifications (also known as ~working drawings-), and a time
schedule for construction.
Sa~O4F.P50
nnw~ -2-
i. "County" shall mean the County of San Bernard~no, State
of California. IT ;
J. "Deed of Trust" shall mean the deed!of trust placed on
the Property to secure payment of the Note, a form of' which is
attached to this Agreement as Exhibit 'C.
k. "Developer" shall mean the Northtow~ Housing
Development Corporation, a Califorhia :nonprofit public benefit
corporation, and its successors and assigns as permitted by this
Agreement.
1. "Development" shall mean the development of
approximately SS units of multi-family: hodsin~ on the Property
according to the terms of the Loan Agreement and the Regulatory
Agreement, along with any and all improvements and infrastructure
necessary for the development, construction and maintenan'ce of
said housing.
m. "Escrow" shall mean the escrow established with~the
Title Company for the purpose of conveying the Property from the
Agency to the Developer. :
n. "Financing Plan" shall'mean the'Dev&loper~s. plan for
financing the Development~ ~
o. "Financing Gap" shall mean the difference between the
cost of constructing the Developmeht, !and'the amount of f~inancing
obtained by the Developer from sources other than the Agency.~
p. "Fiscal Year" shall mean the Developer~s fiscal year,
which ends on December 31.
q. "Gap Financing" shall mean the amount of financing9
provided by the Agency, pursuant to a loa~ to'cover the Financing
Gap.
r. "Grant Deed" shall mean the'grant deed by whic~ the
Agency shall convey the Property to the Developer. A. fo~m o~ the
Grant Deed is attached to this Agreement as E~hibit F.
s. mHazardous Materials" shall mean:
i; "any hazardous substance" as defined in S~ction
101(14) of CERCLA (42 U.S.C. Section 960~(14)) or Section
25281(d) or 25316 of the California Health and Safety Code~
SSS04F.PSO
11/18/93 --3--
ii. any mhazardous waste", "infectious waste" or
"hazardous material" as defined in Section 25117, 25117.5 or
25501(J) of the California Health and Safety Code;
iii. any other waste, substance or material designated
or regulated in any way as "toxic" or "hazardousm in the
RC~A (42 U.S.C. Section 6901 et se~.), Federal Water
Pollution Control Act (33 U.S.C. Section 1251etaeel.), Safe
Drinking Water Act (42 U.S.C. Section 300(f) et se~.), Toxic
Substances Control Act (15 U.S.C. Section 2601etse~.),
Clean Air Act (42 U.S.C. Section 7401etsecx.), California
Health and Safety Code (Section 25100 sting., Section 3900
etse~.), or California Water Code (Section 1300etsec/.)~
and
iv. any additional wastes, substances or materials
which at such time are classified, considered or regulated
as hazardous or toxic under any other present or future
environmental or other similar laws relating to the
Development.
t. "Hazardous Materials Report" shall mean the report
prepared by the Agency or the Agency~s consultant su~marizing an
assessment of the Property performed to determine the presence of
Hazardous Materials on the Property, including (but not limited
to) an evaluation of the historic and existing uses of the
Property, soil and ground water sampling, and other methods to
determine the existence and level of Hazardous Materials on the
Property.
u. "Hazardous Materials Laws" shall mean all federal,
state, and local laws, ordinances, regulations, orders and
directires pertaining to Hazardous Materials in, on or under the
Development or any portion thereof.
v. "Loan Agreement" shall mean the Loan Agreement executed
by and between the Developer and the Agency, setting forth the
terms and conditions governing the Gap Financing, a form of which
is attached to this Agreement as Exhibit D.
w. "Note" shall mean the promissory note evidencing the
Construction Loan, a form of which is attached to this Agreement
as Exhibit B.
x. ~Parttes" shall mean the parties to this Agreement.
Y. ~Permanent Financing" shall mean the loans and other
sources of financing to be u~llized by the Developer as permanent
$S$04F/~0
ll/l~'t~3 -4-
financing for the Development, as approved by the Agency as part
of the Financing Plan.
z. aProperty" shall mean the real property owned by the
Agency and to be redeveloped by the Developer pursuant to this
Agreement, as more specifically described in Exhibit A to this
Agreement.
aa. "Redevelopmerit Plan" shall mean the'Redevelopment Plan
for the City of Rancho Cucamonga Redevelopment Project Area, as
hereafter amended from time to time.
ab. "Regulatory Agreement" shall mean the regulatory
agreement by and between the Developer and the Agency governing
the use of the Development, a form of which is attached aS
Exhibit E to this Agreement.
ac. "Remediation PlanT shall mean that plan prepared and
paid for by the Agency which identifies the scope, cost, timing
and financing of the removal of Hazardous Materials from the
Property, as more particularly described in Section 2.8.
ad. "Security Financing Instrument" shall mean a mortgage,
deed of trust, or other reasonable means of securing a
Construction Loan or Permanent Financing pursuant to the
Financing Plan described in Section 2.6 below~
ae. "TCAC" shall mean the California Tax Credit Allocation
Committee.
af. "Title Company" shall mean Title
Insurance Company or another title company selected by the
Developer.
Section 1.2 Exhibits.
The following exhibits are attached to and incorporated in
the Agreement:
Exhibit A: Legal Description of the Property
Exhibit B= Form of Promissory Note
Exhibit C: Form of Deed of Trust
Exhibit D: Form of Loan Agreement
Exhibit E: Form of Regulatory Agreement
Exhibit F: Fox~,.of Grant Deed
11/18/93 -5-
ARTICLE 2: DISPOSITION OF PROPERTY.
Section 2.1 Sale and Purchase.
The Agency shall sell to the Developer, and the Developer
shall purchase from the Agency, the Property pursuant to the
terms, covenants, end conditions of this Agreement.
Section 2.2 ~.
The purchase price for the Property shall be ONE DOLLAR
($1}. The purchase price shall be paid to the Agency by the
Developer in a manner acceptable to the Agency at the close of
Escrow at close of Escrow.
Section 2.3 ~.
To accomplish the purchase and transfer of the Property from
the Agency to the Developer, the Parties shall, upon execution of
this Agreement, establish the Escrow with the Title Company. The
Parties shall execute and deliver all written instructions to the
Title Company to accomplish the terms of this Agreement, which
instructions shall be consistent with this Agreement.
Section 2.4 ~.
Escrow shall close on a date mutually agreeable to the
Parties (the wClosing Date") but in no event later than thirty
(30) days following the date on which the last to be satisfied of
the requirements and conditions set forth in this Section has
been satisfied. Upon the close of Escrow, the Agency shall
convey the Property to the Developer by executing and delivering
the Agency Grant Deed in substantially the form attached as
Exhibit C.
Section 2.5 Condition of Title.
Upon the close of Escrow, the Property shall have insurehie
title free and clear of all liens, encumbrances, clouds,
conditions, end rights of occupancy or possession, except:
a. the effect of the Redevelopmerit Plan;
b. applicable building and zoning laws and regulations;
c. the provisions of this Agreement;
d. the provisions of the AgencyGrant Deed;
SeSO4F/~0
e. any lien for current taxes a~d ~ssessments or taxes and
assessments accruing subsec/~'ent to recordation ~f the
Agency Grant Deed;
f. conditions, covenants, restrictions'or easement~
acceptable to the Developer; and
g. any other enc-mhrances approved by ~he Developer.
Section 2.6 ~.
To finance the development and construction of the
Development, the Developer intends to obtain ~onstruction loans
from various lenders, and also intends' to apply to TCAC for
Federal Low Income Housing Tax CreditS. The Parties acknowledge
that the funding obtained from these sources may not be
sufficient to finance the complete cost of the Development or
make the Development financially feasible. The Developer shall
submit to the Agency a development budget which demonstrates ithe
monetary difference between the actual cost of the ProjeCt and
the amount offinancing obtained by the Developer frol the above-
named sources (the "Financing Gap"). The Agency shall provide to
the Developer, or its assignee, the Gap Financing in the form of
a loan and pursuant to the terms of the Loan Agreement, Note and
Deed of Trust attached as Exhibits D, ~ and C, respectively, to
this Agreement.
To the extent that any lender to, or equity investor in, the
Development requires changes to this Agreement or any' document,.
the form of which is an exhibit to this Agreelent, the Agency
agrees to consent. to such changes, and the Parties shall!
cooperate to effect such changes w~thin a reasonable time. To
secure the Developerrs obligations to rep~y a lender of a loan
described in the Financing Plan, the Developer may encumber the
Property with one or more Security Financing Instruments.
Section 2.7 Land Use APProVals.
The Developer shall apply for, diligently seek, and obtain
all government approvals, including a building permit, necessary
to constru~ the Development. The Agency. shall render all
reasonable assistance to the Develope~ in! obtaining any necessary
City or other governmental permits, a~pro~als, and a}locations,
including signing of applications, if required or necessary. The
Developer acknowledges that execution=of this. Agreement or any
application for a land use approval by the Agency as !owner o~ the
Property does not constitute approval=bY the City or 'Agency of
any required permits, applications, or a~locations, and in no way
-7-
limits the discretion of the City or Agency in the permit,
allocation, and approval process.
Section 2.8 Remediation of Toxic Contaminatio~.
Should the H~zardous Materials Report disclose the presence
of any Hazardous Materials on the Property, or within 2,000 feet
of the Proper~cy, the Agency shall prepare and submit to the
Developer and its financing ~ources a Remediation Plan for the
Property. Such Remediation Plan should specifically include:
a. A s-~mary of the remediation work required (as
described in the Hazardous Materials Report) and a
timetable for the performance of the Remediation Plan.
b. All necessary approvals for the required remediation
work from appropriate regulatory agencies, including
but not limited to the Agency, the City, the County,
the County Department of Health, the California
Department of Health Services, the Regional Water
Quality Control Board, and the Environmental Protection
Agency.
The Agency, with any necessary assistance from the
Developer, shall begin implementation of the Remediation Plan, if
necessary, within a reasonable time as determined by the Parties.
Section 2.9 Civil Enaineering.
The Agency shall retain, or cause to be retained, a civil
engineer who shall provide all civil engineering services to the
Development as determined by the Parties, and pursuant to the
Architect*s Agreement.
Section 2.10 Condition of ProDer~y.
In the fulfillment of the purposes of Health and Safety Code
Section 25359.7(a), the Agency hereby represents and warrants
that it has no knowledge, and has no reasonable cause to believe,
that any release of Hazardous Materials has come to be located on
or beneath the Property, except as disclosed in the Hazardous
Materials Report.
Sectiol~ 2.11 Costs of Escrow and closina.
The Developer shall bear the cost of title insurance and any
transfer tax. The Agency shall bear the cost of title company
document preparation and recordation fees. All other costs of
Escrow (including the fees of the Escrow holder), if any, shall
ll/lS/~ '8--
be borne by the Developer. The costs borne by the Developer !are
in addition to the purchase price for .the;'Property.
ARTICLE 3: CONSTRUCTION OF DEVELOPMENT ' '
Section 3.1 ~.
Prior to the commencement of Cons.truction of the
Development, the Agency shall relocate the occupants (if any). of
the Property. In relocating such occupants the Agency shall
provide any relocation assistance required pursuant tO Government
Code Sections 7260, et Peg.
Section 3.2 ConStruction Pursuant. to Plans.
Unless modified by operation of Sect.ion 3.3, the Dev~elopment
shall be constructed substantially in 'accordance with the
Construction Plans and the terms and conditions of th~ C[ty~s
land use permits and approvals and building permits, incIudin, g
any variances granted.
Section 3.3 Chanae in Construction of! DeveloDment.
If the Developer desires to make any material alteration to
the approved Construction Plans, then 'the! Developer shall notify
the Agency of any such material alteration. No chan~e which is
required for compliance with building .codes or other government
health and safety requlation shall be deemed material'.
Section 3.4 Cons~=uction Contract.
Upon the closing of the Construction'Loan, the Developer
shall submit to the Agency an executed constr~ction cbntract .for
the Development. ,,
Section 3.5 Commencement of Development.
The Developer shall commence Construction of the Dev. elop. ment
no later than sixty (60) days after the Closihg Date.
Section 3.6 Completion of the Development.
.'
The Developer shall diligently prosecute. to completion the
construction of the Development within twenty-four (24) l~onths
following commencement of construction.
SSS04F.P~O
11/18/93 --9--
Section 3.7 Construction Bonds.
Upon the closing of the Construction Loan, the Developer
shall deliver to the Agency copies of any labor and material
bonds and performance bonds in an amount required by any lender
to the Development. Any such bonds shall name the Agency as co-
obliges, shall be provided by an entity deemed acceptable to the
Developer and any lender(s), and shall be in form and substance
acceptable to the Developer and any lender(s). If the lender(s)
for the Development will not require such bonds or guarantees,
then the Developer need not obtain them or submit them to the
Agency.
Section 3.8 Eaual OPPOrtunitY.
During the construction of the Development, the Developer
shall not discriminate on the basis of race, color, ancestry,
national origin, religion, sex, sexual preference, age, marital
status, family status, source of income, physical or mental
disability, Acquired Immune Deficiency Syndrome (AIDS) or AIDS-
related conditions (ARC), or any other arbitrary basis, in the
hiring, firing, promoting or demoting of any person engaged in
the construction work.
Section 3.9 Compliance with LaW.
The Developer will cause all work performed in connection
with the Property to be performed in compliance with (a) all
applicable laws, ordinances, rules and requlations of federal,
state, county or municipal governments or agencies now in force
or that may be enacted hereafter, including (without limitation)
the prevailing wage provisions of Sections 1770et sea. of the
California Labor Code to the extent applicable, and (b) all
directions, rules and requlations of any fire marshal, health
officer, building inspector, or other officer of every
governmental agency now having or later acquiring Jurisdiction.
The work shall proceed only after procuremerit of each permit,
license or other authorization that may be required by any
governmental agency having Jurisdiction, and the Developer shall
be responsible to the Agency for the procurement and maintenance
of those permits as may be required of the Developer and all
entities e~gaged in work on the Property. Nothing contained in
this Agreesent shell limit in any way the City~s discretion to
approve or disapprove any permit or approval necessary for
construction.
SSS04F~0
Section 3.10 Certific~t~ Of Com..oletion.
Promptly after completion of the.Development in accordance
with those provisions of this A~reement relating solely to the
obligations of the Developer to cOnstructsthe Development
(including the dates for beginning and completion of the work),
the Agency will provide a Certificate:of Completion so
certifying. For the purposes of this Section, completion of the
Development shall occur upon issuance'of a certificate of
occupancy for the Development. The Certificate of Completion
shall be conclusive determination that the covenants 'in this
A~reement with respect to the obligations of the Developer, its
successors and assigns, to construct the Development and the
dates for the beginning and completion of the Development have
been met, and shall be in such form as will enable it' to he
recorded among the official records of San Bernardino County.
Such certification and determination shall not constitute
evidence of compliance with or satisfaction of any obligation of
the Developer to any holder of a Security Financing Instrument
and shall not be deemed.a notice of completion under the
California Civil Code.
ARTICLE 4: ONGOING DEVELOPER OBLIGATIONS
Section 4.1 ~-
The conditions set forth in this Article. Four sha11.'apply
throughout the entire term of the Redevelopment Plan.,
Section 4.2 Covenants Runnino with the land.
The provisions of this Article Four, as it may be further
amended, shall be restrictions and covenants .that shall run with
the Property and shall be enforceable against the Developer and
successors and assigns to the Property, and by the Agency and its
successors and assigns (including the City if the Agency ceases
to exist), in perpetui~y.
Section 4.3 Use. ,
The Property and Development will be used for multifamily
rental housing with 30%of the units in the Development
affordable to Level One Households and 10% affordable to Level
Two Households, as defined by the Regulatory Agreement, and for
such related ancillary purposes consistent with this Agreement,
the Regulatory Agreement, and the Redevelopment Plan. This
restriction shall remain effective until the expiration of the
Redevelopment Plan and the Regulatory Agreement, and.shall be
-11-
evidenced by the recording of the Regulatory Agreement against
the Development in substantially the form of Exhibit D to this
Agreement.
Section 4.4
Prior to completion of the Development, the portions of the
Property undergoing construction shall be maintained in a neat
and orderly condition to the extent practicable and in accordance
with industry health and safety standards. Once the Development
is completed, the portion of the Property that is subject to
public view (including all improvements from time to time erected
thereon, including paving, walkways, landscaping and
ornamentation) shall be maintained in good repair and in a neat,
clean and orderly condition, ordinary wear and tear excepted.
In addition, the Developer shall place exterior signs on the
Property only with the prior written approval of the Agency, and
shall enclose or screen all materials or equipment stored outside
on the Property by walls, landscaping, or other enclosure to the
extent and in the manner required by the Agency in its reasonable
discretion.
In the event that there arises at any time a condition in
contravention of the above maintenance standard, then the Agency
shall notify the Developer in writing of such condition, giving
the Developer thirty (30) days from receipt of such notice to
cure said condition. In the event the Developer fails to cure or
commence to cure the condition within the time allowed, the
Agency shall have the right to perform all acts necessary to cure
such condition, o~ to take other recourse at law or equity that
the Agency may then have and to receive from the Developer the
Agency~s cost in taking such action. The rights conferred upon
the Agency expressly include the right to enforce or establish a
lien or other encumbrance against the Property, hut such lien
shall be subject to previously recorded liens and encumbrances.
Nothing in the foregoing provisions shall preclude the Developer
from making any alterations, additions, or other changes to any
of the Development or landscaping, provided that such changes
comply with this Agreement and the Redevelopmerit Plan, (so long
as the Redevelolment Plan has not expired), and with all
necessary land use approvals, building permits, and other
approvals from the City.
-12-
Section 4.5 Mandatory Language in All Subsequent Deeds,
Leases and Contracts.' '
All deeds, leases or contracts made or entered into by the
Developer, its successors or assignst as to any portion of the
Property shall contain therein the following language:
e. I~Deeds:
"Grantee herein covenants by and for itself, its
successors and assigns that there shall be no
discrimination against or segregation of a person or of
a group of persons on account of race, color, creed,
religion, age (except insofar as the. property is used
for housing for the elderly), sex, sexual orientation,
marital status, national origin or ancestry in the
sale, lease, sublease, transfer, use,, occupancy, tenure
or enjoyment of the property herein conveyed nor shall
the grantee or any person claiming under or through the
grantee establish or permit any such practice or
practices of discrimination or segregation with
reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees
or vendees in the property herein conveyed. The
foregoing covenant shall run with the land".
bo InLeases:
"The lessee herein covenants by and for the lessee and
lesseels heirs, personal representatives and assigns.
and all persons claiming under the lessee or through
the lessee that this lease is made subject to the
condition that there shall be no discrimination against
or segregation of any person or of · group of persons
on account of race, color, creed, religion, age,
(except insolaf as the property is used for housing for
the elderly), sex, sexual orientation, marital status,
national origin or ancestry in the leasing, subleasing,
transferring, use, occupancy, tenure or enjoyment of
the land herein leased nor shall the lessee or any
person claiming under or through the lessee establish
or permit any.such practice or practices of
discrimination or segregation with reference to the
selection, location, m~er, use orrOccupancy of
tenants, lessees, sublessees, subtenants, or vendees in
the land herein leased".
SSSO4F/~O
11/18/93 -13-
'There shall be no discrimination against or
segregation of any person or group of persons on
account of race, color, creed, religion, age, (except
insolaf as the property is used for the elderly),sex,
sexual orientation, marital status, national origin or
ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the property nor
shall the transferee or any person claiming under or
through the transferee establish or permit any such
practice or practices of discrimination or segregation
with reference to the selection, location, number, use
or occupancy of tenants, lessees, subtenants,
sublessees or vendees of the land".
Section 4.6 Hazardous Materia]m.
a. RePresentations and Warranties. To the best knowledge
of the Agency, except as disclosed in the Hazardous
Materials Report:
i. The Property and each portion of the Property is
not and has not been a site for the use,
generation, treatment, manufacture, storage,
disposal or transportation of any Hazardous
Materials and there are no Hazardous Materials
located in, on or under the Development. For
purposes of this Section, the term "Hazardous
Materials' shall not include: (a) construction
materials, gardening materials, household
products, office supply products, or Janitorial
supply products customarily used in the
construction, maintenance, rehabilitation, or
management of residential housing or associated
buildings and grounds, or typically used in
household activities, in a manner typical of other
residential housing developments which are
comparable to the Development; or (b) certain
substances which may contain chemicals listed by
the State of California pursuant to Health and
Safety Code Sections 25249.8 et se~., which
substances are commonly used by a significant
portion of the population living within the region
of the Development, including, but not limited to,
alcoholic beverages, aspirin, tobacco products,
Nutrasweet and saccharine.;
11/18'93 -14-
ii. The Property and each portion of the Property is
at present in compli~nce with a~l Hazardous
Materials Laws, including, without limitation,
those relating to soil and ground water
conditions;
iii. no investigations, inquiries, notices, orders,
hearings, actions, or other proceedings by or
before any governmental agency are pending or
threatened against the Agency and/or the Property
pertaining in any way to (A) the use, generation,
treatment, manufacture, storage, presence,
disposal or transportation of Hazardous Materials
from, under, into or on'the Property or any
portion thereof andFor (B) the Violation or
alleged violation of, or the noncompliance or
alleged noncompliance with, any Hazardous
Materials Law;
iv. no portion of the Property is located within 2,000
feet of a significant disposal of "hazardous
waste" within the meaning of Section 25221'of the
California Health and Safety Code; and
v. no underground storage tanks are at present
located, or in the past have been located, in, on
or under.the Property.
b. Certain Covenants and Aareements. The Developer
covenants and agrees that:
i. The Developer shall not knowingly permit the
Development or any portion of the Development to
be a site for the use, generation, treatment,
manufacture, storage, disposal Or transportation
of Hazardous Materials or otherwise knowingly
permit the presence of Hazardous Materials in, on
or under the Development;
ii. The Developer shall keep and maintain the
Development and each portion of the Development in
compliance with, and shall not .cause or permit the
Development or any portion thereof to be in
violation of, any Hazardous Materials laws;
iii. Upon receiving actual knowledg~ of any of the
following, the Developer shall immediately advise
the Agency in writing of: (A) any and all
enforcement, cleanup, removal or other
11/18/93 -15-
governmental or regulatory actions instituted,
completed or threatened against the Developer or
~he Development pursuant to any applicable
Hazardous Materials Laws; (B) any and all claims
made or ~hreatened by any third party against the
Developer or the Development relating to damage,
contribution, cost recovery, compensation, loss or
injury resulting from any Hazardous Materials (the
matters set forth in the foregoing clause (A) and
this clause (B) are hereinafter referred to as
"Hazardous Materials Claims"). The Agency shall
have the right to Join and par~cicipate in, as a
party if it so elects, any legal proceedings or
actions initiated in connection with any Hazardous
Materials Claims at the Agency's expense.
Section 4.7 Insurance Reauiremen~.
a. Reauired Coveraqe. The Developer shall maintain and
keep in force, at the Developer's sole cost and
expense, the following insurance applicable to the
Development=
i. Comprehensive General Liability insurance with
limits not less ~han $1,000,000 each occurrence
combined single limit for Bodily Injury and
Property Damage, including coverage for
Contractual Liability, Personal Injury, Broadform
Property Damage, Products and Completed
Operations.
ii. Comprehensive Automobile Liability insurance with
limits not less than $1,000,000 each occurrence
combined single limit for Bodily Injury and
Property Damage, including coverage for owned,
non-owned and hired vehicles, as applicable;
provided, however, that if the Developer does not
own or lease vehicles for purposes of this
Agreement, then no automobile insurance shall be
required.
lii. Property insurance covering the Development
covering all risks of loss, excluding earthquake
and flood, for 100% of appraised value of the
Development, with a deductible, if any, acceptable
to theAgency, naming the Agency as a loss payee,
as its interest may appear.
S~S04F.PSO
1~/18/93 -16-
b. Contractorts Insurance. The Developer shall cause any
general contractor or agent working on the Development
under direct contract with the Developer to maintain
insurance of the types and in at least the minimum
amounts described in subsections a.i and a.ii, and
shall also require the general contractor to maintain
Workerrs Compensation insurance as required by
California law. All such insurance shall meet all of
the general requirements of subsection c. below.
Liability and Comprehensive Automobile Liability
insurance to be maintained by such contractors and
agents pursuant to this subsection shall name as
additional insureds the Agency, its board members,
officers, agents, and employees.
c. ~. The required insurance shall be provided
under an occurrence form, and the Developer shall
maintain such coverage continuously so long as the
Redevelopmerit Plan is in effect. Should any of the
required insurance be provided under a form of coverage
that includes an annual aggregate limit or provides
that claims investigation or legal defense costs be
included in such annual aggregate limit, such annual
aggregate limit shall be three times the occurrence
limits specified above.
Comprehensive General Liability, Comprehensive
Automobile Liability and Property insurance policies
shall be endorsed to name as additional insureds the
Agency and its board members, officers, agents, and
employees. :
All policies and bonds shall be endorsed to provide
thirty (30) days prior written notice of cancellation,
reduction in coverage, or intent not to renew to the
address established for notices to the Agency pursuant
to Section 9.8 below.
d. Certificates of Insurance. Upon the Agencyts request
at any time during the term of this Agreement, the
Developer shall provide certificates of insurance, in
form end with insurers reasonably acceptable to the
Agency, evidencing compliance with the requirements of
this Section, and shall provide complete copies of such
~nsurance policies, including a separate endorsement
naming the Agenc~ as additional insured.
'zb, l&'~ -17-
ARTICLE 5: ASSIGNMENT AND TRANSFERS
Section 5.1
As used in this Article Five, the term "Transfer- means:
a. Any total or partial sale, assignment or conveyance, or
any trust or power, or any transfer in any other mode
or form, of or with respect to this Agreement, or of
the Property or any par~ of the Property, or any
interest in the Property, or of the Development
constructed on the Property, or any contract or
agreement to do any of the same; or
b. Any total or partial sale, assignment or conveyance, or
any trust or power, or any transfer in any other mode
or form, of or with respect to any ownership interest
in the Developer, or any contract or agreement to do
any of the same; or
c. Any merger, consolidation, sale or lease of all or
substantially all of the assets of the Developer; or
d. The leasing of part or all of the Property or the
improvements on the Property, except for the leasing of
individual units in the Development to residential
tenants.
Section 5.2 Purpose of Restrictions on TransfA~.
This Agreement is entered into solely for the purpose of
development and operation of the Development on the Property and
its subsequent use in accordance with the terms of this
Agreement. The Developer recognizes that the qualifications and
identity of the Developer are of particular concern to the
Agency, in view of:
a. The importance of the redevelopment of the Property to
the general welfare of the community;
b. The fact that a Transfer as defined in Section 5.1
above is for practical purposes a transfer or
disposition of the Property;
The Developer further recognizes that it is because of the
qualifications and identity of the Developer that the Agency is
entering into this Agreement with the Developer and that
Transfers are permitted only as provided in this Agreement.
S~S04F~SO
11/18/93 '18--
Section 5.3 Prohibited Transfers.
The limitations on Transfers set ~orth in this Section shall
apply from the date Of conveyance of the Property to the
Developer until the date of the Certificate of Completion.
Except as expressly permitted in this Agreement, the Developer
represents and agrees that the Developer has not made or created,
and will not make or create, or suffer to.be made or created, any
Transfer, either voluntarily Or by operation of law, Without the
prior written approval of the Agency.
Any..Transfer made in contravention of this Section shall be
void and shall bedeemed to be a default under this Agreement
whether or not the Developer knew of or participated in such
Transfer.
Section 5.4 Permitted Transfers.
Notwithstanding the provisions of Section 5.3, the following
Transfers shall be permitted and approved by the Agency:
a. Any Transfer creating a Security Financing Instrument
permitted pursuant to the Flnancing'Plan~
b. Any Transfer directly resulting fro~ the foreclosure of
a Security Financing Instrument or the granting of a
deed in lieu of foreclosure of a Security Financing
Instrument, or as otherwise permitted under Article
Eight.
c. Any transfer to an entity controlled by the Developer
or a generalor limited partnership, or other entity in
which the Developer or an entity controlled by the
Developer is a general partner.
d. Any Transfer of a limited partnership interest in a
limited partnership occurring after a Transfer
permitted pursuant to subsection (c), above.
e. In addition to Joint ventures and partnerships
described in subsections (c) and (d), above, any
Transfer to a Joint venture or partnership entered into
for the purpose of financing development of the
Development which is approved in writing by the Agency.
The Agencyts approval of such Joint venture or
partnership shall not be:unreasonably withheld. In
connection with the approval pursuant to this
subsection, the Developer shall submit to tneAgency,
on a confidential basis, tne proposed Joint venture or
5~504F~0
-19-
partnership agreement and such other information about
the proposed Joint venturer or partner as is reasonably
necessary for the Agency to determine approval,
including, without limitation, information about the
identity, business background and experience, and
financial capability of the proposed Joint venturer or
partner.
f. Any Transfer solely and directly resulting from the
death or incapacity of an individual.
Section 5.5 Effectuation of Certain Permitted Transfers.
NO Transfer of this Agreement permitted pursuant to Section
5.4 (other than a Transfer pursuant to a Security Financing
Instrument under Section S.4 (a) or (b), or Transfers of limited
partnership interests permitted pursuant to Section 5.4 (a))
shall be effective unless, at the time of the Transfer, the
person or entity to which such Transfer is made, by an instrument
in writing and in form recordable among the land records, shall
expressly assume the obligations of the Developer under this
Agreement and agree to be subject to the conditions and
restrictions to which the Developer is subject arising during
this Agreement to the full extent that such obligation,
conditions and restrictions are applicable to the particular
portion of or interest in the Property conveyed in such Transfer.
Anything to the contrary notwithstanding, the holder of a
Security Financing Instrument whose interest shall have been
acquired by, through or under a Security Financing Instrument, or
shall have been derived immediately from any holder of a Security
Financing Instrument, shall not be required to give to the Agency
such written assumption until such holder or other person is in
possession of the Property or entitled to possession of the
Property pursuant to enforcement of the Security Financing
Instrument.
Section 5.6 Other Transfers with Aaencv ConSent.
The Agency may, in its reasonable exercise of discretion,
approve in writing other Transfers as requested by the Developer.
Any transferee, by instrument in writing satisfactory to the
Agency and in form recordable among the land records, for itself
and its successors and:assigns, and for the benefit of the
Agency, shall expressly,assume all of the obligations of the
Developer under this Agreement relating to the Property. There
shall be submitted to the Agency for review all instruments and
other legal documents proposed to effect any such transfer; and
if approved by the Agency (if approval is required hereby) its
approval shall be indicated to the Developer in writing. Such
II/lS/9~ --20--
approval shall be granted or denied by the Agency staff within
twenty (20) business days of receipt by the Agency of the
Developer~s request for approval of a Transfer and shall not be
unreasonably withheld or delayed.
In the absence of specific written agreement by the Agency,
no such transfer, assignment or approval by the Agency shall be
deemed to relieve the Developer or any'other party from any
obligations under this Agreement.
In the event that, in violation of the provisions of this
Agreement, the Developer does sell, transfer, convey, lease or
assign this Agreement or all or any part of the Property or the
buildings, structures or other improvements on the Property prior
to the recordation of a Certificate of~Completion for ~he
Property, the Agency shall be entitled to increase the purchase
price paid by the Developer for the Property previously conveyed
from the Agency to the Developer by the amount that the
consideration payable for such assignment or transfer is in
excess of the sum of (a) the purchase price paid by the Developer
to the Agency for the Property and (b) the costs of subsequent
improvements and development, including carrying charges,
interests and fees, transfer taxes, real estate taxes,
assessments and commissions, escrow fees and costs related to the
assignment or transfer. The consideration payable for such
assignment or transfer to the extent it ie in excess of the
amount so authorized, shall belong .and be paid to the Agency and
until so paid, the Agency shall have a lien on such property in
question and any part involved for such amount.
Section 5.7 Release of the Developer Following Permitted
Transfer.
Prior to the issuance of a Certificate of Completion for the
Development, no Transfer, assignment or approval by the Agency
shall be deemed to relieve the Developer or any other party of
any obligations under this Agreement, unless the'Agency consents
in writing to such a release. Following the issuance of a
Certificate of Completion for the Development/for a permitted
Transfer to be effective, the Transfer shall operate to release
the Developer from any liability under this Agreement which
arises from an event occurring after the Transfer.
SaS0~F/~0
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ARTICLE 6: REMEDIES
Section 6.1 General APPlicability.
The provisions of this Article Six shall govern the Parties~
remedies for breach or failure of the Agreement.
Section 6.2 No Fault. of PartieS.
The following events constitute a basis for a party to
terminate this Agreement without the fault of the other:
a. By the time provided in this Agreement, the Parties are
unable to obtain all permits or approvals necessary to
construct the Development substantially in accordance
with the Construction Plans; or
b. The Parties are unable to obtain compliance with CEQA
or other applicable enviroemental laws or statutes for
the development of the Development;
c. The Parties mutually determine that the Development is
not financially feasible, based on the results of the.
Hazardous Materials Report, the proposed cost of the
Remediation Plan, or the unreasonable size of the
Financing Gap.
Upon the happening of any of the above-described events, and
at the election of either party, this Agreement may be terminated
by written notice to the other party. After termination, neither
party shall have any rights against, or liability to, the other
under this Agreement, except as set forth in Article Seven.
Section 6.3 Fault of the Aaencv.
Except as to events constituting a basis for termination
Under Section 6.2, each'of the following events constitutes a
basis for the Developer to take action against the Agency:
a. The Agency without good cause fails to convey the
Property to the Developer within the time and in the
manner called for in this Agreement and the Developer
is otherwise entitled by this Agreement to such
conveyance~ or
b. The Agency breaches any other material provisions of
this Agreement.
-22-
~]ponthe happening of any of the above-described events, the
Developer shall first notify the Agency in writing of'its
purported breach or failure, giving the Agency sixty (60) days
from receipt of such notice to cure or, if cure cannot be
accomplished within sixty (60) days, to commence to cure such
breach, failure, or act. In the event the Agency does not then
so cure within said sixty (60) days, or if the breach or failure
is of such a nature that it cannot be cured within sixty (60)
days, the Agency fails to commence to cure within such sixty (60)
days and thereafter diligently complete such cure within a
reasonable time thereafter but in no event later than one hundred
and twenty (120) days, then the Developer shall be afforded all
of its rights at law or in equity, by taking 811 or any of the
following remedies: (i) terminating in writing this Agreement;
and (ii) prosecuting an action for damages or specific
performance.
Section 6.4 F~Ult Of the Developer.
Except as to'events constituting a basis for termination
under Section 6.2, each of the following events constitutes a
basis for the Agency to'take action against the Developer:
a. The Developer does not.meet the conditions or
requirements of this Agreement;
b. The Developer refuses to accept conveyance from the
Agency of the Property within the time periods, and
under such terms, as herein called for;
c. The Developer constructs or attempts to construct the
Development in violation of Article Three;
d. The Developer fails to commence construction of the
Development or to complete same within the time limits
set forth in this Agreement;
e. The Developer abandons or suspends construction of the
Development prior to completion of all construction for
a period of sixty (60) days after written notice by the
Agenc~ of such abandonment or suspension;
f. A Transfer (as defined in Section 5.1 above) occurs
either voluntarily or involuntarily, in violation of
Article Five; or
g. The Developer breaches any other material provision of
this Agreement.
11/18/V3
Upon the happening of any of the above-described events, the
Agency shall first notify the Developer in writing of its
purported breach, failure or act above described, giving the
Developer sixty (60) days from receipt of such notice to cure,
to cure such breach, failure, or act. In the event
the Developer fails to cure within said sixty (60) days, or if
such breach is of a nature that it cannot be cured within sixty
(60) days, the Developer fails to commence to cure within said
sixty (60) days and diligently complete such cure within a
reasonable time thereafter but in no event later than one hundred
and twenty (120) days,.then the Agency shall be afforded all of
its rights at law or in equity by taking any or all of the
following remedies: (i) terminating in writing this Agreements
and (ii) prosecuting an action for damages or specific
performance.
Section 6.5
In addition to specific provisions of this Agreement,
performance by either party under this Agreement shall not be
deemed to be in default where delays or defaults are due to war;
insurrection; strikes~ lock-outs; riots; floods; earthquakes~
fires; casualties; acts of God~ acts of the public enemy~
epidemics~ quarantine restrictions~ freight embargoes~
governmental restrictions or priority$ litigation (including
suits filed by third parties concerning or arising out of this
Agreement)~ weather or soils conditions which, in the reasonable
judgment of the Developer~s contractor, will necessitate delays;
inability to secure necessary 1abet, materials or tools~ delays
of any contractor~ sub-contractor or supplier; acts or failure to
act of the other party~ acts or failure to act of any public or
governmental agency or entity (other than the acts or failure to
act of the Agency)~ or any other causes (other than the
Developer's inability to obtain financing for the Development)
beyond the control or without the fault of the party claiming an
extension of time to perform. An extension of time for any cause
will be deemed granted if notice by the party claiming such
extension is sent to the other within ten (10) days from the date
the party seeking the extension first discovered the cause and
such extension of time is not rejected in writingbythe other
party withim ten (10) days of receipt of the notice. Times of
performance tmderthis Agreement may also be extended in writing
by theAgencTandthe beveloper.
-24-
ARTICLE 7: SPECIAL AGENCY REMEDIES
Section 7.1 Riaht of Revertev.
In the event that, following close of Escrow, this Agreement
is terminated pursuant to Section 6.2 or 6.4 and such termination
occurs prior to issuance of a Certificate of Completion for the
Development, then the Agency shall have the right to reenter and
take possession of the Property and all improvements thereon and
to revest in the Agency the estate of the Developer in the
Property.
Upon revesting in the Agency of title to the Property, the
Agency shall promptly use its best efforts to resell it
consistent with its obligations under state law. Upon sale the
proceeds shall be applied as follows:
a. First, to reimburse the Agency for any costs it incurs
in managing or selling the Property (after exercising
its right of reverter), including, but not limited to,
amounts to discharge or prevent liens or encumbrances
arising from any acts or omissions of the Developer;
b. Second, to reimburse the Agency for damages to which it
is entitled under this Agreement by reason of the
Developer*s default~
c. Third, to the Developer up to the sum of the amount of
the purchase price paid to the Agency by the Developer
for the Property pursuant to Article Two and the
reasonable cost of the improvements the Developer has
placed on the Property and such other reasonable costs
the Developer has incurred directly in connection with
development of the Property$ and
d. Fourth, any belance to the Agency.
Section 7.2 Final Construction
If the Agency obtains title to any or all portions of the
Property pursuant to Section 7.1 above, the Developer shall
deliver to the Agency copies of any final Construction Plans and
studies in the Developer~s possession or to which the Developer
is entitled related to construction of the Development on the
Property.
11n8,~3 -25-
Section 7.3 Insnection of Books and Records.
Upon request, the Developer shall permittheAgency to
inspect and copy at reasonable times and on · confidential basis
those books, records and all other documents 6f the Developer
necessaz7 to determine the Developer's compliance with the terms
of this Agreement. The Developer also has the right at all
reasonable times to inspect and copy the books, records and all
other documentation of the Agency pertaining to its obligations
under this Agreement. This Section shall not permit either party
to inspect any document that would be subject to the attorney-
client p~ivilege in a Judicial proceeding.
Section 7.4 Entry by the Aaencv.
The Developer shall permit the Agency, through its officers,
agents, or employees, at all reasonable times, both during and
after construction of the Development, to enter onto the Property
and inspect the work of construction. The Agency is under no
obligation to supervise, inspect, or inform the Developer of the
progress of construction, and the Developer shall not rely upon
the Agency for any such activity.
Section 7.5 Riahts of Mortcaaees.
Any rights of the Agency under this Article Seven shall not
defeat, limit or render invalid any Security Financing Instrument
permitted by this Agreement or any rights provided for in this
Agreement for the protection of holders of Security Financing
Instruments. Any conveyance or reverter of the Property to the
Agency pursuant to this Article Seven shall be subject to
Security Financing Instruments permitted by this Agreement.
ARTICLE 8: SECURITY FINANCING AND RIGHTS OF HOLDERS
Section 8.1 No Enc-mhrances Except for Development
Purposes.
Notwithstanding any other provision of this Agreement,
mortgages and deeds of trust, or any other reasonable method of
security, are not permitted to be placed upon the Property, prior
to the issuance of Certificate of Completion pursuant to Article
Three, above, except for the purpose of securing Construction
Loans and Permanent Financing pursuant to the Financing Plan.
Prior to the issuance of Certificate of Completion of the
Development on the Property, the Developer shall promptly notify
the Agency of any mortgage, deed of trust, sale and lease-back or
other financing, conveyance, encumbrance or lien that has been or
SBS04F~SO
11/18/9~
will be created or attached to the relevant Property. The words
"mortgage. and "deed of trust. as used in this Agreement include
all other appropriate modes of financing real estate acquisition,
construction, and land development.
Section 8.2 Holder Not Obliaated to'Constr~.
The holder of any Security Financing Instrument authorized
by this Agreement is not obligated to construct or complete any
improvements or to guarantee such construction or completion; nor
shall any covenant or any other provision in conveyances from the
Agency to the Developer evidencing the realty comprising the
Property or any part of the Property be construed so to obligate
such holder. However, nothing in this Agreement shall be deemed
to permit or authorize any such holder to devote the Property or
any portion of the Property to any uses, or to construct any
improvements thereon, other than those uses of improvements
provided for or authorized by this Agreement.
Section 8.3 Notice of Default and Riaht to Cur-.
Whenever the Agency pursuant to its rights set forth in
Article Six of this Agreement delivers any notice or demand to
the Developer with respect to the commencement, completion, or
cessation of the construction of the Development, the Agency
shall at the same time deliver to each holder of record of any
Security Financing Instrument creating a lien upon the Property
or any portion of the Property a copy of such notice or demand.
Each such holder shall (insofar as the rights of the Agency are.
concerned) have the right, but not the obligation, at its option,
within sixty (60) days after the receipt of the notice, to cure
or remedy or commence to cure or remedy any such default or
breach affecting the Property which is subject to the lien of the
Security Financing Instrument held by such holder and to add the
cost of such remedy or cure to the security interest debt and the
lien on its security interest. Nothing contained in this
Agreement shall be deemed to permit or authorize such holder to
undertake or continue the construction or completion of the
Development (beyond the extent necessary to conserve or protect
such improvements or construc~cion already made) without first
having expressly assumed in writing the Developer's obligations
to the Agency relating to such Development under this Agreement.
The holder in that event must agree to complete, in the manner
provided in this Agreement, the Development to which the lien or
title of such holder relates. Any such holder properly
completing such Development pursuant to this paragraph shall
assume all rights end obligations of the Developer under this
Agreement and shall be entitled, upon written request made to the
Agency, to a Certificate of Completion from the Agency.
sas04P/~0
13n~ -27-
Section 8.4 Failure of Holder to Complete Development.
In any case where six months after default by the Developer
in completion of construction of the Development under this
Agreement, the holder of record of any Security Financing
Instrument, having first exercised its option to construct, has
not proceeded diligently with construction, the Agency shall be
afforded those rights against such holder it would otherwise have
against the Developer under this Agreement.
Section 8.5 R~aht of the Aaencv to Cure.
In the event of a default or breach by the Developer of a
Security Financing Instrument prior to the completion of
development, and the holder has not exercised its option to
complete the development called for on the Property, the Agency
may cure the default, prior to the completion of any foreclosure.
In such event the Agency shall be entitled to reimbursement from
the Developer of all costs and expenses incurred by the Agency in
curing the default. Th~ Agency shall also be entitled to a lien
upon the Property or any portion of the Property to the extent of
such costs and disbursements. The Agency agrees that such lien]
shall be subordinate to any Security Financing Instrument, and
the Agency shall execute from time to time any and all
documentation reasonably requested by the Developer to effect
such subordination.
Section 8.6 Rlaht of Aaencv to Satisfy Other Liens.
After the conveyance of title to the Property or any portion
of the Property and after the Developer has had a reasonable time
to challenge, cure or satisfy any liens or encumbrances on the
Property or any portion of the Property, the Agency shall have
the right to satisfy any such lien or encumbrances; provided,
however, that nothing in this Agreement shall require the
Developer to pay or make provision for the payment of any tax,
assessment, lien or charge so long as the Developer in good faith
shall contest the validity or amount therein and so long as such
delay in payment shall hot subject the Property or any portion of
the Property to forfeiture or sale.
Section 8.7 Holder to be Notified.
The Developer shall insert each term contained in this
Article Eight into each relevant deed of trust or mortgage, or
shall obtain acknowledgment of such terms by the holder prior to
its coming into any security right or interest in the Property.
SLtO4p.PSO
II/IS/'~
ARTICLE 9: GENERAL PROVISIONS
Section 9.1
Except where approval by the Agency Board is expressly
described, all references in this Agreement to Agency approval
shall mean approval by the Agency Executive Director.
Section 9.2.
This Agreement cannot be waived, changed, discharged or
terminated orally, and no alteration or variation of the terms of
this Agreement shall be valid unless made in writing and signed
by the Agency and the Developer.
Section 9.3
This Agreement shall be interpreted under and pursuant
to the laws of the State of California.
Section 9.4 Bindino UPOn SuccessorR.
This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of each of the Parties to
this Agreement except that there shall be no transfer of any
interest by any of the Parties to this Agreement except pursuant
to the terms of this Agreement. Any reference in this Agreement
to a specifically named party shall be deemed to apply to any
successor or assign of such party who has acquired an interest in
compliance with the terms of this Agreement, or under law.
Section 9.5 Identity and Authority of the DeVelOD~F.
The person executing this Agreement on behalf of the
Developer covenants and warrants that the Developer is and shall
remain in good standing and qualified to do business in the State
of California; that the Developer has full right, power and
authority to enter into this Agreement and to carry out all
actions on its part contemplated by this Agreement; that the
execution and delivery of this Agreement were duly authorized by
proper action of the Developer and no consent, authorization or
approval of any person is necessary in connection with such
execution and delivery or to carry out all actions on the
DeveloPerrs pert contemplated by this Agreement, except as have
been obtained and are in full force and effect; that the person
executing this Agreement on behalf of the Developer has full
corporate authority to do so; and that this Agreement constitutes
the valid, binding and enforceable obligation of the Developer.
-29-
Section 9.6 ' Identity and Authority of the Aaencv.
The person executing this Agreement on behalf of the Agency
covenants and warrants that the Agency is and shall remain in
good standing and qualified to do business in the State of
California; that the Agency has full right, power and authority
to enter into this Agreement and to carry out 811 actions on its
part contemplated by this Agreement; that the execution and
delivery of this Agreement were duly authorized by proper action
of the Agent7 and no consent, authorization or approval of any
person is necessary in connection with such execution and
delivery or to carry out all actions on the Agency~s part
contemplated by this Agreement, except as have been obtained and
are in full force and effect~ that the person executing this
Agreement on behalf of the Agency has full corporate authority to
do so; and that this Agreement constitutes the valid, binding and
enforceable obligation of the Agency.
Section 9.7 Leaal Actions: Attorneys Fees.
All claims, disputes or other matters in question between
the Par~ies to this Agreement arising out of or relating to this
Agreement, or breach of this Agreement, shall be subject to, and
decided by, arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration
Association currently in effect, unless the Parties agree
otherwise.
Demand for arbitration shall be filed in wTiting with the'
other party to this Agreement and with the American Arbitration
Association. A demand for arbitration shall be made within 15
days or shall be deemed to be waived. The award rendered by the
arbitrator or arbitrators shall be final, and Judgment may be
entered upon it in accordance with applicable law in any court
having Jurisdiction.
In any action or proceeding arising out of this Agreement,
including, but not limited to, any arbitration arising out of or
resulting from this Agreement, the successful party in such
litigation shall be entitled to recover from the non-successful
party all reasonable costs, attorneys fees, and other expenses
associated with such litigation.
Section 9.8 Notices. Demands and Communications.
Formal notices, demands, and communications between the
Developer and the Agency shall be sufficiently given if, and
shall not be deemed given unless, dispatched by certified mail,
-30-
postage prepaid, return receipt requested, or express delivery
service with a delivery receipt, or personal delivery with a
delivery receipt, to the office of the Developer and the Agency
as follows:
Agency:
City of Rancho Cucamonga Redevelopment Agency
10500 Civic Center'Drive
Rancho Cucamonga, CA 91729
Attn: 01en Jones
Developer:
Northtown Housing Development Corporation
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
Attn: Nacho Garcia
Such written notices, demands and communications may be sent
in the same manner to such other addresses as the affected party
may from time to time designate as provided in this Section.
Receipt shall be deemed to have occurred on the date marked on ~
written receipt for delivery, refusal of delivery, or the date
the notice was returned as undeliverable.
Section 9.9 Non-Liability of Agency Officials, Employees
and Agents; Non-Liability of the Agency's
Members.
No member, official, employee or agent of the Agency, the
Agency, or the City shall be personally liable to either party to
this Agreement, or any of their successors or assigns, in the
event of any default or breach by either party or for any amount
which may become due to:either party or their successors or
assigns, or on any obligation under the terms of this Agreement.
Section 9.10 No Claims Against the Agency by Third
Persons.
Nothing contained in this Agreement shall create or Justify
any claim against the Agency by any person that the Developer may
have employed or with whom the Developer may have contracted
relative to the purchase of materials, supplies or equipment, or
the furnishing or theperformance of any work or services with
respect to the purchase or the operation of the Property, and the
Developer shall include similar requirements in any contracts
entered into for the operation of the Property.
11/12/93 --3 1-
Section 9.11 parties Not Co-Venturers.
Nothing in this A~reement is intended to or does establish
the Parties as partners, co-venturers, or principal and agent
with one another.
Section 9.12 Provisions Not Neraed with Deeds.
None of the provisions of this AgTeement are intended to or
shall be merged by any ~rant deed transferring title to any real
property which is the subject of this A~reement from the Agency
to the Devaloper or any successor in interest, and any such ~rant
deed shall not be deemed to affect or impair the provisions and
covenants of this Agreement.
Section 9.13 Real Estate Commissions.
Neither party shall be responsible to the other for any real
estate commissions or brokerage fees which may arise from this
Agreement or otherwise be incurred by the other party.
Section 9.14 ~G~[~l~i2.
To the extent that any lender to, or equity investor in, the
Development shall require any changes to this A~reement or any of
the Loan Documents, the Agency a~rees to consent to such changes,
and the Parties shall cooperate to effect such changes within a
reasonable time.
Section 9.15 Riahts and Remedies Cumulative.
Except as otherwise expressly stated in this Agreement, the
rights and remedies of the Parties are cumulative, and the
exercise or failure to exercise on~ or more of such rights or
remedies by either party shall not preclude the exercise by it,
at the same time or different times, of any right or remedy for
the same default or any other default by the other party.
Section 9.16 ~-
If any term, provision, covenant or condition of this
A~reement is held by a court of competent Jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions
shall continue in full force and effect unless the rights and
obligations of the Parties have been materially altered or
abridged by such lnvalidation, voiding or unenforceability.
-32-
Section 9.17 Time of the Essence.
In all matters under this Agreement, time is of the essence.
Section 9.18 Title of Parts and Sectio~C.
Any titles, captions or headings of the parts, sections or
subsections of ~his Agreement are inserted for convenience of
reference only and shall be disregarded in construing or
interpreting any par~ of its provisions.
Section 9.19 Commlete Understandina of the Parti~-.
This Agreement and the attached Exhibits constitute the
entire understanding and agreement of the Parties, and may only
be amended by a written agreement signed by both the Developer
and the Agency, as set out in Section 9.2.
IN WITNESS THEREOF, the Parties have executed this Agreement
as of the date first written above.
AGENCY:
REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA
By:
Its:
DEVELOPER:
NORTHTOWN HOUSING DEVELOPMENT CORPORATION
By:
Its:
Signatures Must Be AcknOwledged
S~SO4F/~0
-33-
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN BERNARDINO )
On , 199 , before me, the undersigned, a Notary
Public, personally appeared , personally
known to me (or 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.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN BERNA~DINO )
On , 199_, before me, the undersigned, a Notary :
Public, personally appeared , personally
known to me (or 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.
WITNESS my hand and official seal.
.~SO4F.PSO
11/18/9~ -34-
wINIBIT A
PROPERTY DESCRIPTION
PARCEL NO. 2, PARCEL MAP 10208, PER MAP RECORDED IN BOOK 120,
PAGES 59-60 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER,
COUNTY OF SAN BERNARDINO.
EXHIBIT B:
FORM OF PROMISSORY NOTE
Note
$ Rancho Cucamonga, California
, 1993
FOR VALUE RECEIVED, the Northtown Housing Development
Corporation, a California nonprofit public benefit corporation
("Borrower-), promises to pay, or cause to be paid, to ~he
Redevelopmerit Agency of the City of Rancho Cucamonga, a public
body, corporate and politic, (the *'Agency"), the principal sum of
($ )', pursuant to that certain loan
agreement by and between Borrower and the Agency (the "Loan
Agreement**). The outstanding portion of the principal shall bear
simple interest at the rate of three percent (3%) annually.
1. Loan Aareement: Deed of TrUst. This Note is made
pursuant to the Loan Agreement. This Note and the Loan Agreement
are secured by a Deed of Trust of even date with this Note (the
"Deed of Trust").
2. Term. The term of this Note (the "Term") shall begin
on the date of execution of this Note and shall terminate upon
the earlier of (a) repayment in full of the debt evidenced by
this Note, or (b) forgiveness of the debt evidenced by this Note
pursuant to the Loan .Agreement.
3. Payment. Principal and interest shall be payable in
the manner set forth in the Loan Agreement.
4. PreDavment. Borrower shall have the right to prepay
all or a portion of the principal and interest due under this
Note without any resulting charge or penalty.
5. ~. Upon the occurrence of a Default (as
defined in the Loan Agreement), the Agency shall have the right
to accelerate the debt evidenced by this Note and declare all of
the unpaid principal and interest, if any, immediately due and
payable. Upon the occurrence of a Default, the outstanding
portion of the principal shall bear interest at the rate of ten
percent (10%) per annum, compounded annually. Any failure by the
Agency to pursue its legal and equitable remedies upon default
sss~z~s0
1on9/93 -1-
shall not constitute a waiver of the Agency's right to declare a
default and exercise all of its rights under this Note, the Deed
of Trust, the Loan Agreement or the Regulatory Agreement. Nor
shall acceptance by the Agency of any payment provided for in
this Note constitute a waiver of the Agency's right to require
prompt payment of any remaining payment owed.
6. Nonrecourse. The Loan and obligation evidenced by
this Note and secured by the Deed of Trust shall be nonrecourse.
7. Manner and Place of Payment. All payments of principal
and interest and any late charge due under this Note, as well as
any additional payments set forth in the Deed of Trust, shall be
payable in lawful money of the United States of America at the
office of the Agency, 10500 Civic Center Drive, Rancho Cucamonga,
CA 91729, or such other address as the Agency may designate in
writing.
NORTHTOWN HOUSING DEVELOPMENT
CORPORATION, a California nonprofit
public benefit corporation
By:
Its:
10/19/')3 --2--
EXHIBIT C:
FORM OF DEED OF TRUST
RECORDING REQUESTED BY:
THE REDEVELOPMENT AGENCY OF
THE CITY OF RANCHO CUCAMONGA
WHEN RECORDED MAIL TO:
Goldfarb & Lipman
One Montgomery Street
Telesis Tower, 23rd Floor
San Francisco, CA 94104
Attn: M David Kroot
No fee for recording pursuant to
Government Code Section 27383
DEED OF TRUST AND SECURITY AGREEMENT
THIS DEED OF TRUST.AND SECURITY AGREEMENT ("Deed Of Trust")
is made as of the __ day of , 1993, by and among Northtown
Housing Development Corporation, a California nonprofit public
benefit corporation ("Trustor"), Title
Company, a California corporation, ("Trustee"), and the
Redevelopment Agency of the City of Rancho Cucamonga, a public
body, corporate and politic ("Beneficiary").
FOR GOOD AND VALUABLE CONSIDERATION, including the
indebtedness recited, and the trust created in this Deed of
Trust, the receipt of which is acknowledged by the parties to =
this Deed of Trust, Trustor irrevocably grants, transfers,
conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for
the benefit and security of Beneficiary, under and subject to the
terms and conditions set forth in this Deed of Trust, Trustor's
fee interest in the property located in the City of Rancho
Cucamonga, County of San Bernardino, State of California, that is
described in the attached Exhibit A, incorporated in this Deed of
Trust by this reference (the "Property").
For the consideration acknowledged above, the Trustor also
irrevocably grants, transfers, conveys and assigns to Trustee, IN
TRUST, WITH POW=M OF SALE, for the benefit and security of
Beneficiary, under and subject to the terms and conditions set
forth in this Deed of Trust, the following:
1. All interest, estates or other claims, both in law and
in equity which Trustor now has or may later acquire in the
Property and the rents;
.~ISO4CP~O
11/18/93 --1--
2. All easements, rights-of-way and rights used in
connection therewith or as a means of access thereto, including
(without limiting the generality of the foregoing) all tenements,
hereditaments and appurtenances related to the Property;
3. Any and all buildings and improvements of every kind
and description now or later erected on the Property, and all
property of the Trustor now or later affixed to or placed upon
the Property;
4. All building materials and equipment now or later
delivered to said property and intended to be installed in said
property;
5. All right, title and interest of Trustor, now owned or
later acquired, in and to any land lying within the right-of-way
of any street, open or proposed, adjoining the Property, and any
and all sidewalks, alleys and strips and areas of land adjacent
to or used in connection with the Property;
6. All estate, interest, right, title, other claim or
demand, of every nature, in and to such property, including the
Property, both in law and in equity, including, but not limited
to, all deposits made with or other security given by Trustor to
utility companies; the proceeds from any or all of such property,
including the Property; claims or demands with respect to the
proceeds of insurance in effect with respect to the Property,
which Trustor now has or may later acquire; any and all awards
made for the taking by eminent domain, or purchase in lieu of :
eminent domain of the whole or any part of such property or the
Property, including without limitation, any awards resulting from
a change of grade of streets, and awards for severance damages to
the extent Beneficiary has an interest in such awards as provided
in Paragraph 4.1 of this Deed of Trust; and
7. All of Trustor's interest in all articles of personal
property or fixtures now or later attached to or used in and
about the building or buildings now erected or later to be
erected on the Property which are necessary to the complete and
comfortable use and occupancy of such building or 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 a building, or the activities
conducted in such building or buildings, and all renewals or
replacements of said items, or articles in substitution of said
items, whether or not the same are, or shall be attached to said
building or buildings in any manner.
11/18/93 --2--
All of the foregoing, together with ~he Property, is
referred to in this Deed of Trust as the "Security."
FORT HE PURPOSE OF SECURING:
(a) Payment of Just indebtednesses of Trustor to
Beneficiary as set forth in that certain promissory note executed
by the Trustor in favor of the Beneficiary (the "Promissory
Note") until paid or cancelled. Said principal and other
payments shall be due and payable as provided in the Note. Said
Note and all its terms are incorporated in this Deed of Trust by
reference, and this conveyance shall secure any and all
extensions to the Note, however evidenced; and
(b) Payment of any sums advanced by Beneficiary to protect
the Security pursuant to the terms and provisions of this Deed of
Trust following a breach of Trustorts obligation to advance said
sums and the expiration of any applicable cure period, with
interest on said sums as provided in this Deed of Trust; and
(c) Performance of every obligation, covenant or agreement
of Trustor contained in this Deed of Trust, the Note, that
certain loan agreement by and between the Beneficiary and the
Trustor (the "Loan Agreement"), that certain regulatory agreement
by and between the Beneficiary and the Trustor (the "Regulatory
Agreement"), and any other debt, loan or security instruments
between Trustor and the Beneficiary relating to the Property
(collectively, the "Loan Documents").
AND TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR
COVENANTS AND AGREES:
ARTICLE 1
MAINTENANCE AND MODIFICATION OF
THE PROPERTY AND SECURITY
Section 1.1 Maintenance and Modification of the Property
bv Trustor.
The Trustor agrees that at all times prior to full payment
of the sum Owed under the Note, the Trustor will, at the
Trustor's ow~ expense, maintain, preserve and keep the Security
or cause the Security to be maintained and preserved in good
condition. The Trustor'will from time-to-time make or cause to
be made all repairs, replacements and renewals deemed proper and
necessary by it.
SaS04C.PSO
II/lS/9~ --3--
Section 1.2 Granting of Easement.~.
Trustor may not grant easements, licenses, rights-of-way or
other rights or privileges in the nature of easements with
respect to any property or rights included in the Security except
those required or desirable for installation and maintenance of
public utilities including, without limitation, water, gas,
electricity, sewer, telephone and telegraph, or those required by
law. '
ARTICLE 2
INSURANCE; ADVANCES
Section 2.1 Provisions Reaardina Insurance.
Trustor agrees to provide insurance conforming in all
respects to that required under the Loan Documents during the
course of construction and following completion, and at all times
until all amounts secured by this Deed of Trust have been paid
and all other obligations secured by this Deed of Trust
fulfilled, and this Deed of Trust reconveyed.
All such insurance policies and coverages shall be
maintained at Trustorts sole cost and expense. Certificates of
insurance for all of the above insurance policies, showing the
same to be in full force and effect, shall be delivered to the
Beneficiary upon demand therefor at any time prior to the
Beneficiaryts receipt of the entire Principal and all amounts
secured by this Deed of Trust.
Section 2.2 Advances.
In the event the Trustor shall fail to maintain the full
insurance coverage required by this Deed of Trust or shall fail
to keep the Security in accordance with the Loan Documents, the
Beneficiary, after at least seven (7) days prior notice to
Beneficiary, may take out the required policies of insurance and
pay the premiums on the same or may make such repairs or
replacements as are necessary and provide for payment for such
repairs or replacements; and all amounts so advanced by the
Beneficiary shall become an additional obligation of the Trustor
to the Beneficiary (together with interest as set forth below)
and shall be secured by this Deed of Trust, which amounts the
Trustor agrees to pay on the demand of the Beneficiary, and if
not so paid, shall bear interest from the date of the advance at
the lesser of twelve percent (12%) per annum or the maximum rate
permitted by law.
11/18/9~ '4--
ARTICLE 3
DAMAGE, DESTRUCTION OR CONDEMNATION
Section 3.1 Awards and Damaaes.
All Judgments, awards of damages, settlements and
compensation made in connection with or in lieu of (1) taking of
all or any part of or any interest in the Property by or under
assertion of the power of eminent domain, (2) any damage to or
destruction of the Property or any part of the Property by
insured casualty, and (3) any other injury or damage to all or
any part of the Property are assigned to and shall be paid to the
Beneficiary by a check made payable to the Beneficiary. The
Beneficiary is authorized and empowered (but not required) to
collect and receive any funds and is authorized to apply them in
whole or in part upon any indebtedness or obligation secured by
this Deed of Trust, in such order and manner as the parties shall
determine. The Beneficiary shall be entitled to settle and
adjust all claims under insurance policies provided under this
Deed of Trust and may deduct and retain from the proceeds of such
insurance the. amount of all expenses incurred by it in connection
with any such settlement or adjustment. All or any part of the
amounts so collected and recovered by the Beneficiary may be
released to Trustor upon such conditions as the Beneficiary may
impose for its disposition. Application of all or any part of
the funds collected and received by the Beneficiary or the
release of such funds shall not cure or waive any default under
this Deed of Trust. The rights of the Beneficiary under this
Section are subject to the rights of any senior mortgage lender.
ARTICLE 4
AGREEMENTS AFFECTING THE PROPERTY~ FURTHER ASSURANCES~
PAYMENT OF pRINCIPALAND INTEREST
Section 4.1 Q~ber Aareements Affectina Property.
The Trustor shall duly and punctually perform all terms,
covenants, conditions and agreements binding upon it under the
Loan Documents and any other agreement of any nature whatsoever
now or later involving or affecting the Security or any part of
the Security.
Section 4.2 Payment of the Principal.
The Trustor shall pay to the Beneficiary the Principal and
any other payments as set forth in the Note, in the amounts and
by the times set out in the Note.
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11/18/93 -5-
Section 4.3 Financing Statement.
The Trustor shall execute and deliver to the Beneficiary
such financing statements pursuant to the appropriate statutes,
and any other documents or instruments as are required to convey
to the Beneficiary a valid perfected security interest in the
Security. The Trustor agrees to perform all acts which the
Beneficiary may reasonably request so as to enable the
Beneficiary to maintain such valid perfected security interest in
the Security in order to secure the payment of the Note in
accordance with its terms. The Beneficiary is authorized to file
a copy of any such financing statement in any Jurisdiction(s) as
it shall deem appropriate from time-to-time in order to protect
the security interest established pursuant to this instrument.
Section 4.4 Operation of the Security.
The Trustor shall operate the Security (and, in case of a
transfer of a portion of the Security subject to this Deed of
Trust, the transferee shall operate such portion of the Security)
in full compliance with the Loan Documents.
Section 4.5 Nondiscriminati~D.
The Trustor covenants by and for itself, its heirs,
executors, administrators, and assigns, and all persons claiming
under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, sexual orientation,
marital status, national origin or ancestry in the sale, lease,
sublease, transfer, use, occupancy, tenure or enjoyment of the
Security, nor shall the Trustor itself or any person claiming
under or through it establish or permit any such practice or
practices of discrimination or segregation with reference to the
selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees or vendees in the Security. The
foregoing covenants shall run with the land.
ARTICLE 5
HAZARDOUS MATERIALS
Trustor shall keep and maintain the Property in compliance
with, and shall not cause or permit the Property to be in
violation of any federal, state or local laws, ordinances or
regulations relating to industrial hygiene or to the
environmental conditions on, under or about the Property
ll/!S/~ -6-
including, but not limited to, soil and ground water conditions.
Trustor shall not use, generate, manufacture, store or dispose of
on, under, or about ~he Property or transport to or from the
Property any Hazardous Materials, except such as may be
customarily kept and used in and about multifamily residential
property.
Trustor shall immediately advise Beneficiaz7 in wTiting if
at any time it receives Written notice of (i) any and all
enforcement, cleanup, removal or o~her governmental or regulatory
actions instituted, completed or threatened against Trustor or
the Property pursuant to any applicable federal, state or local
laws, ordinances, or regulations relating to any Hazardous
Materials~ (ii) all claims made or threatened by any third party
against Trustor or the Property relating to damage, contribution,
cost recovery compensation, loss or injury resulting from any
Hazardous Materials~ and (iii) Trustor*s discovery of any
occurrence or condition on any real property adjoining or An the
vicinity of the Property that could cause the Property or any
part of the Property to be classified as "border-zone property"
under the provision of California Health and Safety Code,
Sections 25220 e~ sea. or any regulation adopted in accordance
therewith, or to be otherwise subject to any restrictions on the
ownership, occupancy, transferability or use of the Property
under any Hazardous Materials Law.
ARTICLE 6
EVENTS OF DEFAULT AND REMEDIES
Section 6.1 ~vents of Default.
The following shall constitute Events of Default: (1)
failure to make any payment to be paid by Trustor under the Loan
Documents; and (2) failure to observe or perform any of Trustor*s
other covenants, agreements or obligations under the Loan
Documents, including, without limitation, the provisions
concerning discrimination.
Section 6.2 Acceleration of MaturitY.
If an Event of Default shall have occurred and be
continuing, then at the option of the Beneficiary, the amount of
any payment related to the Event of Default and the unpaid
Principal of the Note shall immediately become due and payable,
upon written notice by. the Beneficiary to the Trustor (or
automatically where so specified in the Loan Documents), and no
omission on the part of the Beneficiary to exercise such option
when entitled to do so shall be construed as a waiver of such
right.
Section 6.3 The Beneficiary,s Right to Enter and Take
Possession,
If an Event of Default shall have occurred end be
continuing, the Beneficiary may:
(a) Either in person or by agent, with or without bringing
any action or proceeding, or by a receiver appointed by a court,
and without regard to the adequacy of its security, enter upon
the Security and take possession thereof (or any part thereof)
and of any of the Security, in its own name or in the name of
Trustee, and do any acts which it deems necessary or desirable to
preserve the value or marketability of the Property, or part
thereof or interest therein, increase the income therefrom or
protect the security thereof. The entering upon and taking
possession of the Security shall not cure or waive any Event of
Default Or Notice of Default (as defined below) hereunder or
invalidate any act done in response to such Default or pursuant
to such Notice of Default and, notwithstanding the continuance in
possession of the Security, Beneficiary shall be entitled to
exercise every right provided for in this Deed of Trust, or by
law upon occurrence of any Event of Default, including the right
to exercise the power of sale;
(b) Commence an action to appoint a receiver, or
specifically enforce any of the covenants hereof;
(c) Deliver to Trustee a written declaration of default and
demand for sale, end a written notice of default and election to
cause Trustor*s interest in the Security to be sold ("Notice of
Default and Election to Sell"), which notice Trustee or
Beneficiary shall cause to be duly filed for record in the
Official Records of San Bernardino County; or
(d) Exercise allother rights and remedies provided in the
Loan Agreement, the instruments by which the Trustor acquires
title to any Security, or in any other document or agreement now
or later evidencing, creating, or securing all or any portion of
the obligations securediby this Deed of Trust.
Section 6.4 Foreclosure By Power of Sal~.
Should the Beneficiary elect to foreclose under this Deed of
Trust, the Beneficiary shall give written Notice of Sale to the
-8-
Trustee and shall deposit with Trustee the Note which is secured
by this Deed of Trust (the deposit of which shall be deemed to
constitute evidence that the unpaid principal amount of the Note
is immediately due and payable), and such receipts and evidence
of any expenditures made that are additionally secured by this
Deed of Trust as Trustee may require.
(a) Upon receipt of such notice from the Beneficiary,
Trustee shall cause to be recorded, published and delivered to
Trustor such Notice of Default and Election to Sell as then
required by law and by this Deed of Trust. Trustee shall,
without demand on Trustor, after lapse of such time as may then
be required by law and after recordation of such Notice of
Default and Election to Sell and after Notice of Sale having been
given as required by law, sell the Security, at the time and
place of sale fixed by it in said Notice of Sale, whether as a
whole or in separate lots or parcels or items as Trustee shall
deem expedient and in such order as it may determine unless
specified otherwise by the Trustor according to California Civil
Code Section 2924g(h), at public auction to the highest bidder,
for cash in lawful money of the United States payable at the time
of sale. Trustee shall deliver to such purchaser or purchasers
its good and sufficient deed or deeds conveying the property so
sold, hut without any covenant or warranty, express or implied.
The recitals in such deed or any matters of facts shall be
conclusive proof of the truthfulness of said covenants or
warranties. Any person, including, without limitation, Trustor,
Trustee or Beneficiary, may purchase at such sale, and Trustor
covenants to warrant and defend the title of such purchaser or
purchasers.
(b) After deducting all reasonable costs, fees and expenses
of Trustee, including costs of evidence of title in connection
with such sale, Trusteeshall apply the proceeds of sale to
payment of: (i) the unpaid Principal amount of the Note; (ii)
all other amounts owed to Beneficiary under the Loan Documents;
(iii) all other sums then secured by this Deed of Trustl and (iv)
the remainder, if any, to Trustor.
(c) Trustee may postpone sale of all or any portion of the
Property by public announcement at such time and place of sale,
and from time-to-time thereafter, and without further notice make
such sale at the time fixed by the last postponement, or may, in
its discretion, give a new Notice of Sale.
Section 6.5 ~.
If an Event of Default shall have occurred and be
continuing, Beneficiar~, as a matter of right and without further
notice to Trustor or anyone claiming under the Security, and
without regard to the then value o£ the Security or the interest
of Trustor therein, shall have the right to apply to any court
having Jurisdiction to appoint a receiver or receivers oZ the
Security (or a part thereof), and Trustor hereby irrevocably
consents to such appointment and waives further notice oZ any
application therefor. Any such receiver or receivers shall have
all the usual powers and duties of receivers in like or similar
cases, and all the powers and duties of Beneficiary in case oZ
entry as provided herein, and shall continue as such and exercise
all such powers until the date oZ confirmation of sale of the
Security, unless such receivership is sooner terminated.
Section 6.6 Remedies Cumulative.
No right, power or remedy conferred upon or reserved to the
Beneficiary by this Deed of Trust is intended to be exclusive of
any other right, power or remedy, but each and every such right,
power and remedy shall be cumulative and concurrent and shall be
in addition to any other right, power and remedy given under this
Deed of Trust or now or'later existing at law or in equity.
Section 6.7 NoWaiver.
(a) If the Beneficiary (i) grants forbearance or an
exwcension of time for the payment of any sums secured by this
Deed of Trust, (ii) takes other or additional security or the
payment of any sums secured by this Deed of Trust, (ili) waives
or does not exercise any right granted in the Loan Documents,
(iv) releases any part of the Security from the lien of this Deed
of Trust, or otherwise changes any of the terms, covenants,
conditions or agreements in the Loan Documents, (v) consents to
the granting of any easement or other right affecting the
Security, or (iv) makes or consents to any agreement
subordinating the lien hereof, any such act or omission shall not
release, discharge, modify, change or effect the original
liability under this Deed of Trust, or any other obligation of
the Trustcr or any subsequent purchaser of the Security or any
part of the Security, or any maker, co-signer, endorser, surety
or quarantor (unless expressly released)$ nor shall any such act
or omission preclude the Beneficiary from exercising any right,
power or privilege granted or intended to be granted by this Deed
of Trust in any Event of Default then made or of any subsequent
-10-
Event of Default, nor, except as otherwise expressly provided in
an instrument or instruments executed by the Beneficiary shall
the lien of this Deed of Trust be altered.
Section 6.8 Trustee May File Proofs'of Claim.
In the case of any receivership, insolvency, bankruptcy,
reorganization, arrangement, adjustment, composition or other
proceedings affecting the Trustor, its creditors or its property,
the Beneficiary, to the extent permitted by law, shall be
entitled to file such proofs of claim and other documents as may
be necessary or advisable in order to have the claims of the
Beneficiary allowed in such proceedings and for any additional
amount which may become due and payable by the Trustor under this
Deed of Trust after such date.
Section 6.9 Nonrecourse.
The Loan and obligation evidenced by the Note and secured by
this Deed of Trust shall be nonrecourse.
ARTICLE 7
MISCELLANEOUS
Section 7.1 AmendmentS.
This instrument cannot be waived, changed, discharged or =
terminated orally, but only by an instrument in writing signed by
Beneficiary and Trustor.
Section 7.2 · Reconvevance bv Trustee.
Upon written request of Beneficiary stating that all sums
secured by this Deed of Trust have been paid or forgiven, and
upon surrender of this Deed of Trust to Trustee for cancellation
and'retention, and upon payment by Trustor of Trustsets
reasonable fees, Trustee shall reconvey the Security to Trustor,
or to the person or persons legally entitled thereto.
Section 7.3 ~.
If at any time after the execution of this Deed of Trust it
shall become necessary or convenient for one of the parties
hereto to serve any notice, demand or communication upon the
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11/18/93 -11-
other party, such notice, demand or communication shall be in
w~iting and shall be served personally or by depositing the same
in the registered United States mail, return receipt requested,
postage prepaid and (1) if intended for Beneficiary shall be
addressed
Redevelopment Agency of the
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
and (2) if intended for Trustor shall be addressed to:
Northtown Housing Development Corporation
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
Attn: Executive Director
Any notice, demand or communication shall be deemed given,
received, made or communicated on the date personal delivery is
effected or, if mailed in the manner specified in this Section,
on the delivery date or.date delivery is refused by the
addresses, as shown on the return receipt. Either party may
change its address at any time by giving written notice of such
change to Beneficiary or Trustor as the case may be, in the
manner provided in this Section, at least ten (10) days prior to
the date such change is desired to be effective.
Section 7.4 ~.
The captions or headings at the beginning of each Section of
this Deed of Trust are for the convenience of the parties and are
not a part of this Deed'of Trust.
Section 7.5 lnvallditv of Ce=tain ProvlSiOnS.
Every provision of this Deed of Trust is intended to be
severable. In the event any term or provision hereof is declared
to be illegal or invalid for any reason whatsoever by a court or
other body of competent Jurisdiction, such i11egality or
invalidity shall'not affect the balance of the terms and
provisions hereof, which terms and provisions shall remain
binding and enforceable. If the lien of this Deed of Trust is
invalid or unenforceable as to any part of the debt, or if the
lien is invalid or unenforceable as to any part of the Security,
the unsecured or partially secured portion of the debt, and all
payments made on the debt, whether voluntary or under foreclosure
-12-
or other enforcement action or procedure, shall be considered to
have been first paid or applied to the full payment of that
portion of the debt which is not secured or partially secured by
the lien of this Deed of Trust.
Section 7.6
This Deed of Trust shall be governed by and construed in
accordance with the laws of the State of California.
Section 7.7 Substitution of Trustee.
Beneficiary may from time-to-time substitute a successor or
successors to any Trustee named in, or acting under, this Deed of
Trust 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
named in, or acting under this Deed of Trust. Each such
appointment and substitution shall be made by written instrument
executed by Beneficiary, containing reference to this Deed of
Trust 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.
Section 7.8 Acceptance bvTrustee.
Trustee accepts this Trust when this Deed of Trust, duly
executed and acknowledged, is made public record as provided by
law. 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.
11/1S/93 -13-
IN WITNESS WHEREOF, Trustor has executed this Deed of Trust
as of the day and year first above written.
TRUSTOR:
NORTHTOWNHOUSING DEVELOPMENT
CORPORATION, a California nonprofit
public benefit corporation
By:
Its:
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STATE OF CALIPORNIA )
COUNTY OF )
On , 199_, before me, the undersigned, a Notary
Public, personally appeared , personally
known to me (or 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.
WITNESS my hand and official seal.
-15-
EXHIBIT A
(Legal Description)
-16-
EXHIBIT D:
FORM OF LOAN AGREEMENT
This Loan Agreement (the "Agreement-) is entered into as of
the day of , 1993, by and between the
Redeve'~ent Agency of the City of Rancho Cucamonga, a public
body corporate and politic (the "Agency.) and
· a California nonprofit public benefit
corporation (the "Borrower.); with reference to the following
facts:
A. The Borrower desires to redevelop certain property
owned by the Agency and more particularly described in the
Exhibit A to the Disposition and Development Agreement by and
between the Parties (the "DDA") (the "Property"). The Borrower
wishes to develop on the Property an approximately 88-unit
multifamily rental housing development affordable to low and
moderate income households.
B. The Agency has agreed to provide a loan to the Borrower
to assist in the finance of the acquisition and redevelopment of
the Property.
C. Pursuant to this Agreement, the Agency will loan to the
Borrower ($ ) to be used to finance
the acquisition and redevelopment of the Property.
NOW, THEREFORE, the Parties agree as follows:
· ARTICLE i DEFINITIONS AND EXHIBITS
Section 1.1. ~itions
a. "Agency";sha11 mean the Redevelopment Agency of
the City of Rancho Cuca~onga, a public body, corporate and
politic.
b. "Agency Board" shall mean the governing board of
the Redevelopmerit Agency of the City of Rancho Cucamonga, a
public body, corporate and politic.
c. "Agency Executive Directors shall mean the
executive director of the Redevelopment Agency of the City of
Rancho Cucemonga, a public body, corporate and politic.
d. "Agreement" shall mean this Loan Agreement entered
into by and between the Agency and the Borrower.
1:n8/93 -1-
e. "Borrower" shall mean
, a California nonprofit public
benefit corporation.
f. "Deed of Trust" shall mean that certain deed of
trust executed by the Borrower in favor of the Agency as security
for the Loan.
g. "Default" shall mean any occurrence, act or
omission described in Section 3.1 of this Agreement.
h. "Development" means the development of
approximately 88 units of multi-family housing on the Property
according to the terms of the Loan Agreement and the Regulatory
Agreement.
i. "Loan" shall mean the loan made by the Agency to
the Borrower pursuant to this Agreement.
j. "Loan Documents" are collectively this Loan
Agreement, the Note, the Deed of Trust, and the Regulatory
Agreement as they may be amended, modified, or restated from time
to time, along with all exhibits and attachments to these
documents.
k. "Note" shall mean that certain promissory note
executed by the Borrower in favor of the Agency, the payment of
which is secured by the Deed of Trust.
1. "Parties" shall mean the parties to this
Agreement.
m. "Prohibited Transfer" shall mean any transfer
prohibited by Section 6.3 of the Disposition and Development
Agreement by and between the Agency and the Borrower with regard
to the Property.
n. "Property" shall mean the property more
specifically described in Exhibit A to the DDA.
o. "Reguletory Agreement" shall mean that certain
regulatory agreement entered into by and between the Agency and
the Borrower.
p. "Term" shall mean the term of the Loan described
in Section 2.6(a) of this Agreement.
SSSO4B/~O
11118/93
ARTICLE 2 LOAN PROVISIONS
Section 2.1. Loan.
The Agency shall loan to the Borrower the principal amount
of Dollars ($ ) (the "Loan") for the
purposes set forth in Section 2.3 of this Agreement. The
obligation to repay the Loan shall be evidenced by the Note in
substantially the form attached to the DDA as Exhibit B.
Section 2.2 Interest.
The outstanding principal balance of the Loan shall accrue
simple interest at the rate of three percent (3%) per annum on
the outstanding balance of the Loan, commencing on the date of
disbursement and, subject to the provisions of Section 2.6(c)
below, ending on the date of repayment or forgiveness of the
Loan; provided, however, that in the event of a Default (as
defined in Section 3.1(a) below), interest shall begin to accrue
following the Default at the default rate of ten percent (10%),
compounded annually.
Section 2.3. Use of Loan Funds.
The Borrower shall use the Loan funds to pay for the
following costs directly associated with acquisition and
redevelopment of the Property: (a) payment of the purchase price
of the Property, (b) payment of closing costs, (c) construction
of the Development on the Property, and (d) any other costs
reasonably associated with the redevelopmerit of the Property. In
the event that the Agency converts a predevelopment grant to the
Borrower to a loan, the amount of that loan shall be added to the
principal amount of the Loan governed by this Agreement, and
shall be subject to all of the provisions of this Agreement and
the Loan Documents.
Section 2.4. Security.
The Borrower shall secure its obligation to repay the Loan
as evidenced by ~he Note by signing and delivering to ~he Agency
the Deed of Trust encumbering the Property in substantially the
form attached to the DDA as Exhibit C. The Agency shall execute
such documents as may be necessary to subordinate the priority of
the lien of the Deed of Trust and the lien of this Agreement to
the lien of any deed of trust securing a loan for the Property by
SSSO4B~50
il/18/93 --3--
any other lender providing financing to the Borrower for the
redevelopment of ~he Property.
Section 2.5. Disbursement of Loan Proceeds.
After (a) the Borrower has signed and delivered to the
Agency the Note in substantially the form attached as Exhibit B
to the DDA, (b) the Borrower has signed and delivered to the
Agency the Deed of Trust in substantially the form attached as
Exhibit C, and (c) the Borrower has signed the Regulatory
Agreement, and (d) the Deed of Trust and the Regulatory Agreement
have been recorded against the Property in the Office of the
Recorder of the County of San Bernardino, the Agency shall from
time to time disburse such amounts of the Loan proceeds as are
requested by the Borrower, until the full amount of the Loan is
disbursed.
Section 2.6. Term and Repayment Schedule.
(a) Subject to the provisions of subsection (c) below, the
Loan and the Regulatory Agreement shall have a term of
( ) years, commencing on , 1993 and terminating
on , (the "Term").
(b) All principal and accrued interest on the Loan shall be
due in full on the earlier to occur of: (i) the date of any
Prohibited Transfer; (ii) the date of any Default as defined in
Section 3.1 below; or (iii) the expiration of the Term (as
defined above).
(c) The Borrower shall have right to prepay the Loan at any
time; provided, however, that the Regulatory Agreement and the
Deed of Trust shall remain in effect for the terms set forth in
those respective documents, as applicable, regardless of any
prepayment.
Section 2.7 Compliance wi~h Loan Documents.
The Borrowerrs actions with respect to the Property and the
use of the Loan funds shall at all times be in full conformity
with all of the requirements of the Loan Documents, including,
but not limited to, the Requlatory Agreement, which governs the
use and occupancy of the Development. Psilure to comply with the
terms of the Loan Documents will constitute a Default, as defined
in Section 3.1 of this Agreement.
11/18/93 --4--
Section 2.8
The Agency hereby agrees that the liens and encumbrances
created under this Loan Agreement and the Loan Documents shall be
subordinate to any liens and encumbrances created under any loan
documents of any lenders providing financing to the Development.
ARTICLE 3 DEFAULT
Section 3.1.
(a) A "Default" shall consist of any breach by the Borrower
of any covenant, agreement, provision or warranty contained in
the Loan Documents, which breach is not cured within the
applicable cure period. In the event of a breach, the Agency
shall provide to the Borrower written notice of the breach and
the Borrower shall have thirty (30) days to cure the breach or,
if such breach cannot reasonably be cured within thirty (30)
days, the Borrower shall commence to cure within thirty (30) days
and thereafter shall diligently complete such cure.
(b) If, after the time provided in Section 3.1(a), the
Borrower has not cured the breach and the Agency has not
expressly waived its rights under any of the Loan Documents, then
the breach shall constitute a Default and the Agency may do any
one or more of the following: (i) accelerate the obligation to
repay the Loan; (ii) charge the default rate of interest as set
forth in Section 3.2 above; or (iii) apply to a court for
specific performance of this Agreement or an injunction against
any violation of this Agreement, or any other remedies at law or
in equity or any such other actions as shall be necessary or
desirable so as to correct non-compliance with this Agreement.
ARTICLE 4 MISCELLANEOUS PROVISIONS
Section 4.1. ~.
The Borrower shall maintain and keep in force, at the
Borroweres sole cost and expense, the following insurance
applicable to the Development:
i. Comprehensive'General Liability insurance with limits
not less than $1,000,000 each occurrence combined
single limit for Bodily Injury and Property Damage,
including coverage for Contractual Liability, Personal
Injury, Broadform Property Damage, Products and
Completed Operations.
58S04B.PSO
11/18/93 -5-
ii. Comprehensive Automobile Liability insurance with
limits not less than $1,000,000 each occurrence
combined single limit for Bodily Injury and Property
Damage, including coverage for o~ned, non-owned and
hired vehicles, as applicable; provided, however, that
if the Developer does not own or lease vehicles for
purposes of this Agreement, then no automobile
insurance shall be required.
iii. Property insurance covering the Development covering
all risks of loss, excluding earthquake and flood, for
'100% of appraised value of the Development, with a
deductible, if any, acceptable to the Agency, naming
the Agency as a loss payee, as its interest may appear.
At any time during the term of this Agreement, the Borrower
shall provide certificates of insurance, in form and with
insurers reasonably acceptable to the Agency, evidencing
compliance with the requirements of this Section, and shall
provide complete copies of such insurance policies, including a
separate endorsement naming the Agency as additional insured.
ARTICLE 5 GENERAL PROVISIONS
Section 5.1 Aaencv APProval.
Except where approval by the Agency Board is expressly
described, all references in this Agreement to Agency approval
shall mean approval by the Agency Executive Director.
Section 5.2. Amendments.
This Agreement cannot be waived, changed, discharged or
terminated orally, and no alteration or variation of the terms of
this Agreement shall be valid unless made in writing and signed
by the Agency and the Borrower.
Section 5.3
This Agreement shall be governed by the laws of the State of
California.
-6-
Section 5.4 Bindinu UDOn SuccessorS.
This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of each of the parties to
this Agreement except that there shall be no transfer of any
interest by any of the parties to this Agreement except pursuant
to the terms of this Agreement. Any reference in this Agreement
to a specifically named party shall be deemed to apply to any
successor or assign of such party who has acquired an interest in
compliance with the terms of this Agreement, or under law.
Section 5.5 Identity and Authority of the Borrower.
The person executing this Agreement on behalf of the
Borrower covenants and warrants that the Borrower is and shall
remain in good standing and qualified to do business in the State
of California~ that the Borrower has full right, power and
authority to enter into this Agreement and to carry out all
actions on its part contemplated by this Agreement; that the
execution and delivery of this Agreement were duly authorized by
proper action of the Borrower and no consent, authorization or
approval of any person is necessary in connection with such
execution and delivery or to carry out all actions on the
Borrower~s part contemplated by this Agreement, except as have
been obtained and are in full force and effect; that the person
executing this Agreement on behalf of the Borrower has full
corporate authority to do so; and that this Agreement constitutes
the valid, binding and enforceable obligation of the Borrower.
Section 5.6 Identity and Authority of the Aaencv.
The person executing this Agreement on behalf of the Agency
covenants and warrants that the Agency is and shall remain in
good standing and qualified to do business in the State of
California; that the Agency has full right, power and authority
to enter into this Agreement and to carry out all actions on its
part contemplated by this Agreement; that the execution and
delivery of this Agreement were duly authorized by proper action
of the Agency and no consent, authorization or approval of any
person is necessary in connection with such execution and
delivery or to carry out all actions on the Agency~s part
contemplated by this Agreement, except as have been obtained and
are in full force and effect~ that the person executing this
Agreement on behalf of the Agency has full corporate authority to
do so; and that this Agreement constitutes the valid, binding and
enforceable obligation of the Agency.
--7--
Section 5.7 Leaal Actions: Attorneys Fees.
All claims, disputes or other matters in question between
the parties to this Agreement arising out of or relating to this
Agreement, or breach of this Agreement, shall be subject to, and
decided by, arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration
Association currently in effect, unless the parties agree
otherwise.
Demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration
Association. A demand for arbitration shall be made within 15
days or shall be deemed to be waived. The award rendered by the
arbitrator or arbitrators shall be final, and judgment may be
entered upon it in accordance with applicable law in any court
having Jurisdiction.
In any action or proceeding arising out of this Agreement,
including, but not limited to, any arbitration arising out of or
resulting from this Agreement, the successful party in such
litigation shall be entitled to recover from the non-successful
party all reasonable costs, attorneys fees, and other expenses
associated with such litigation.
Section 5.8 No Claims Auainst Auencv by Third Parties.
Nothing contained in this Agreement shall create or Justify
any claim against the Agency by any person that the Borrower may
have employed or with whom the Borrower may have contracted
relative to the purchase of materials, supplies or equipment, or
the furnishing or the performance of any work or services with
respect to the purchase or the operation of the Property, and the
Borrower shall include similar requirements in any contracts
entered into for the operation of the Property.
Section 5.9 No Third Party Beneficiaries.
There shall be no third party beneficiaries to this
Agreement.
Section 5.10 Non-Liability of Official$.
No member, official, employee or agent of the Borrower, the
Agency, or the City of Rancho Cucamonga shall be personally
liable to either party to this Agreement, or any of their
SSSO4B.P~O
11/38/93 -8-
successors or assigns, in the event of any default or breach by
either party or for any amount which may become due to either
party or their successors or assigns, or on any obligation under
the terms of this Agreement.
Section 5,11 Notices. Demands and CommuntcattO~l.
Formal notices, demands, and communications between the
Parties shall be sufficiently 9tven if, and shall not be deemed
given unless, dispatched by registered or certified mail, postage
prepaid, return receipt requested, or delivered by express
delivery service, return receipt requested, or personal delivery
with a delivery receipt, to the principal office of the Parties
as follows:
Agency:
City of Rancho Cucamonga Redevelopmerit Agency
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
Attn: Olen Jones
Borrower:
Northtown Housing Development Corporation
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
Attn: Nacho Gracia
Such written notices, demands and communications may be sent
in the same manner to such other addresses as the affected Party
may from time to time designate as provided in this Section.
Receipt shall be deemed to have occurred on the date shown on a
written receipt as the date of delivery, refusal of delivery, or
the date the notice was returned as undeliverable.
Section 5.12 Parties Not Co-Venturers.
Nothing in this Agreement is intended to or does establish
the parties as partners, co-venturers, or principal and agent
with one another.
Section 5.13 ~GLL~- To the extent that any
lender to, or equity investor in, the Development shall require
any changes to this Agreement or any of the Loan Documents, the
~SO4B~50
!l/lS/9~ -9-
Agency agrees to consent to such changes, and the parties shall
cooperate to effect such changes within a reasonable time.
Section 5.14 Riahts and Remedies Cumulative.
Except as otherwise expressly stated in this Agreement, the
rights and remedies of the parties are cumulative, and the
exercise or failure to exercise one or more of such rights or
remedies by either party shall not preclude the exercise by it,
at the same time or different times, of any right or remedy for
the same default or any other default by the other party.
Section 5.15 ~.
If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions
shall continue in full force and effect to the fullest extent
possible unless the rights and obligations of the parties have
been materially altered or abridged by such invalidation, voiding
or unenforceability.
Section 5.16 Title of Parts and SectlODs.
Any titles, captions or headings of the par~s, sections or
subsections of this Agreement are inserted for convenience of
reference only and shall be disregarded in construing or
interpreting any part of its provisions.
Section 5.17 Time of the Essence.
In all matters under this Agreement, time is of the essence.
Section 5.18 Complete Understandina of the Fart~es.
This Agreement constitutes the entire understanding and
agreement of the parties, and may only be amended by a written
agreement signed by both the Agency and the Borrower, as set out
in Section 5.2.
This Agreement is executed in three (3) triplicate
originals, each of which is deemed to be an original, and may be
executed simultaneouslyor in counterparts, each of which shall
also be deemed to be an original, but all of which together shall
constitute one and the same Agreement.
-10-
WHEREFORe-, the Parties have executed this Agreement in
triplicate on or as of the date first written above.
AGENCY:
REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA
·
Its:
BORROWER:
By:
Its:
11/18/~93 --11--
EXHIBIT E:
FORM OF REGULATORY AGREEMENT
Recording Requested By:
REDEVELOPMENTAGENCy
OF THE CITY OF RANCHO CUCAMONGA
When Recorded Return To=
Goldfarb & Lipman
One Montgomery Street
Twenty-Third Floor
San Francisco, California 94104
Attn: M David Kroot
No fee for recording pursuant to
Government Code Section 27383
REGULATORY AGREEMENT
This Regulatory Agreement (the "Regulatory Agreement") is
entered into as of the__day of , 1993, by
and between the Redevelopment Agency of the City of Rancho
Cucamonga, a public body, corporate and politic (the "Agency"),
and , a California
nonprofit public benefit corporation (the "Owner"), with
reference to the following facts:
A. The Owner desires to redevelop certain property owned
by the Agency and more particularly described in the Exhibit A to
the Disposition and Development Agreement (the "DDA") between the
Parties (the "Property"). The Owner wishes to develop on the
Property an approximately 88-unit multifamily rental housing
development affordable to low and moderate income households (the
"Development").
B. The Agency has agreed to provide financial assistance
to the Owner for the acquisition and redevelopment of the
Property. The parties have entered into a Loan Agreement,
pursuant to which the Agency will loan the Owner
Dollars ($ ) (the "Loan"), to be used to finance the
acquisitio~devel0pment of the Property (the "Loan
Agreement"}.
C. As further consideration for the Loan and to further
the interests of the Agency, the Owner has agreed to enter into
and record this Requlatory Agreement. The purpose of this
Regulatory Agreement is!to regulate and restrict the occupancy,
rents, operation, ownership, and management of the Development.
The covenants in this Requlatory Agreement are intended to run
SSSO4D.PSO
11/18/93 --1-
with the land and be binding on the Owner and its successors and
assigns in the Property-
NOW THEREFORE, IN CONSIDERATION of the mutual agreements,
obligations, and representations, and in further consideration
for the financing, the Owner and the Agency hereby agree as
follows:
ARTICLE I DEFINITIONS
Section 1.1 The following terms have the meanings and
content set forth in this section wherever used in this
Regulatory Agreement.
a. "Area Median Income" means the median income for the
San Bernardino Agency Primary Statistical Area ("PSA"), with
adjustments for household size, as determined from time to time
by the United States Department of Housing and Urban Development
("HTJD") pursuant to the United States Housing Act of 1937 as
amended, or such other method of median income calculation
applicable to the Agency that HUDmay hereafter adopt in
connection with said Act. Should HUD no longer publish a method
of median income calculation as described above, then the median
income calculation method for purposes of this Regulatory
Agreement shall be that published by the State of California
Department of Housing and Community Development ("HCD"). Should
HCD no longer publish a method of median income calculation as
described above, then the median income calculation method for
purposes of this Regularcry Agreement shall be one devised by the
Agency using the same or similar methodology as the HUD and HOD
methods.
b. "DDA" shall mean the Disposition and Development
Agreement by and between the Parties with regard to the
Development of the Property.
c. "Deed of Trust" means the deed of trust, placed on the
Property as security for the Loan with the Owner as trustor and
the. Agency as beneficiary, as well as any amendments to,
modifications of, and restatements of said deed of trust.
d. "Development" means the development of approximately 88
units of multi-family housing on the Property according to the
terms of the Loan Agreement and the Regularcry Agreement, along
with any and all improvements and infrastructure necessary for
the development, construction and maintenance of said housing.
M..tO4D.PSO
e. "Loan" is the loan of funds provided by the Agency to
the Owner for the Development.
f. "Loan Agreement" is the Loan Agreement executed by and
between the Owner and the Agency, setting forth the terms and
conditions governing the Loan.
g. "Loan Documents" are collectively the Loan Agreement,
the Note, the Deed of Trust, and this RegulatoryAgreement as
they may be amended, modified, or restated from time to time,
along with all exhibits attachments to these documents.
h. "Low Income Household" means a household whose annual
income does not exceed sixty percent (60%) of the median income
for the San Bernardino Agency PeA as determined by HUD with
adjustments for smaller and larger households.
i. "Median Income Household" means a household whose
annual income does not exceed ninety percent (90%) of the median
income for the San Bernardino Agency PSA as determined by HUD
with adjustments for smaller and larger households.
j. "Note" means the promissory note executed by the Owner
in favor of the Agency evidencing the Loan, which is secured by
the Deed of Trust, as well as any amendments to, modifications
of, or restatements of, said Note.
k. "Owner" means , a
California no.profit public benefit corporation.
1. "Parties" shall mean the parties to this Regulatory
Agreement.
m. "Property" means the realProperty described in Exhibit
A to the DDA.
n. "TCAC" shall mean the California Tax Credit Allocation
Committee.
o. "Unit" means a housing unit in the Development.
ARTICLE 2 USE ANDOCCUPANCYRESTRICTIONS
Section 2.1 Term of A~reement.
This Regulatory Agreement shall commence upon execution and
shall remain in full force and effect for fifty-five (55) years.
SSS04D.PSO
11/18/93 '3--
Section 2.2 Use of Development.
The Property shall be utilized to develop and operate an
approximately SS-unit multifamily rental housing development
affordable to low and moderate income households, along with any
and all improvements and infrastructure necessary for the
development, construction and maintenance of said housing.
Section 2.3 Occupancy of Development.
The Owner shall limit for the full term of this Regulatory
Agreement the rental of forty percent (40%) of the Units to Low
Income Households and sixty percent (60%) of the Units to Median
Income Households at the maximum rental charges for each as set
forth in this Regulatory Agreement. Units restricted by this
Regulatory Agreement shall be of comparable quality with
comparable amenities as unrestricted Units.
The income levels and other qualifications of Low Income
Household and Median Income Households applicants for Units shall
be certified prior to initial occupancy and recertified yearly by
the Owner. In the event that recertification of a Low Income
Householdfs or Median Income Household*s income indicates that
the income exceeds the maximum income designated for a Low Income
Household, or a Median Income Household, as applicable, the Owner
shall adjust rents as permitted by TCAC requirements.
Section 2.4 Maximum Rental Charaes.
The total charges for rent, utilities, and related services
to a Low Income Household shall not exceed one-twelfth of thirty
percent (30%) of fifty percent (50%) of Area Median Income,
adjusted for household size. The total charqes for rent,
utilities, and related services to a Median ~ncome Household
shall not exceed one-twelfth of thirty percent (30%) of ninety
percent (90%) of the Area Median Income, adjusted for household
size. Initial rents for each Unit shall be set by the Owner at
the time of initial occupancy of the Development. The occupancy
of the Development shall be as follows= one (1) person for
efficiency units, and two (2) persons per bedroom for each larger
unit. The Owner shall annually make any rent adjustaent pursuant
to the terms of this RequlatoryAgreement. At least sixty (60)
calendar days prior to increasing rents on any Unit restricted by
this Requlatory Agreement, the Owner shall submit to the Agency
for its calculation of such increase. Households occupying Units
restricted by this Requlatory Agreement shall be given at least
thirty (30) days written notice prior to any rent increase.
11/1S/9~ '4--
Section 2.5 Leasina the Development.
Before leasing any Unit, the Owner shall submit a form of
its proposed lease to the Agency for review. The Owner shall
include in leases for all Units provisions which provide that the
household is subject to annual certification of income and that
the tenancy of the household shall be terminated should one or
more of the household~s members misrepresent any material fact
regarding the household~s qualification as a Low Income Household
or Median Income Household, as applicable.
Section 2.6
Before leasing the Development, the Owner shall provide the
Agency for its review the Owner~s written tenant selection plan.
Section 2.7 Condominium Conversion.
The Owner shall not convert Development Units to condominium
or cooperative ownership or sell condominium or cooperative
conversion rights to the Property during the term of this
Regulator~ Agreement. ~
Section 2.8 Nondiscrimination.
The Owner shall not discriminate or segregate in the use,
enjoyment, occupancy, conveyance, lease, sublease, or rental of
Development Units on the basis of race, color, ancestry, national
origin, religion, sex, sexual preference, age, marital status,
family status, source of income, physical or mental disability,
Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related
conditions (ARC), or any other arbitrary basis. The Owner shall
include a statement in all advertisements, notices and signs for
the availability of Development Units for rent to the effect that
the Owner is an Equal Housing Opportunity Provider.
ARTICLE 3 PROPERTY MANAGEMENT
Section 3.1 Xanaqe~ent Resnonsibilities.
The Owner is responsible for all management functions with
respect to the Development, including without limitation the
selection of tenants, certification and recertification of
household size and income, evictions, collection of rents and
deposits, maintenance, landscaping, routine and extraordinary
--5-
repairs, replacement of capital items, and security. The Agency
shall have no responsibility over management of the Development.
Section 3.2 APProval Of Management Policies.
The Owner' shall submit its written management policies with
respect to the Development to the Agency, and shall amend such
policies in any way necessar~ to insure that such policies comply
with the provisions of this Regulatory Agreement and the
requirements of all lenders providing financing for the
Development.
Section 3.3 Inspection and Records.
The Owner shall maintain records which clearly document the
Owner's performance of its obligations to operate the Property
under the terms of this Requlatory Agreement. The Owner shall
submit any records to the Agency within ten (10) business days of
the Agency~s request. The Owner shall permit the Agency to enter
and inspect the Development for compliance with obligations under
this Regulatory Agreement upon twenty-four (24) hours advance
notice of such visit by the Agency to the Owner or the Owner~s
management agent and to tenants of any Development Units.
Section 3.4 Annual Report.
The Owner shall submit to the Agency (i) not later than the
thirtieth (30th) day after the close of each calendar year, a
report showing the necessary information to allow the Agency to
determine the Ownerrs compliance with this Requlatory Agreement,
and (ii) within fifteen (15) days after receipt of a written
request, any other information or completed forms requested by
the Agency in order to comply with repor~cing requirements of the
United States Department of Housing and Urban Development, or the
S~ate of California, or the Agency.
Section 3.5 Fees. Taxes. and Other Levies.
The Owner shall be responsible for payment of all fees,
assessments, taxes, charges and levies imposed by any public
authority or utility company with respect to the Property, and
shall pay such charges prior to delinquency.
-6-
Section 3.6 Notice of ExPiration of Term.
At least six months prior to the expiration of the Term the
Owner shall provide by first-class mail, postage prepaid, a
notice to all households in Units restricted' by this Regulatory
Agreement containing (1) the anticipated date of the expiration
of the Term, (2) any anticipated rent increase upon the
expiration of the Term, (3) a statement that · copy of such
notice will be sent to the Agency, end (4) a statement that a
public hearing may beheld by the Agency on the issue and that
households in Units restricted by this Regulatory Agreement will
receive notice of the hearing at least fifteen (15) days in
advance of any such hearing. The Owner shall also file a copy of
the above-described notice with the Deputy Director -
Redevelopment for the Agency.
ARTICLE 4 MISCELLANEOUS PROVISIONS
Section 4.1 Compliance with Loan Documents.
The Ownerrs actions with respect to the Property shall at
all times be in full conformity with all of the requirements of
the Loan Documents. Failure to comply with the terms of the Loan
Documents will constitute a Default, as defined in Section 4.2 of
this Regulatory Agreement.
Section 4.2 Default and Remedies.
In the event of any breach of any agreement or obligation
under this Requlatory Agreement, including, but limited to, any
breach of any provision of the Loan Documents, by the Owner, the
Agency shall provide written notice to the Owner of such breach.
The Owner shall have an opportunity to cure such breach within
thirty (30) days from the Ownerrs receipt of such written notice
or such longer perto~ of time as the Agency determines is
necessary to cure the breach if the Owner diligently undertakes
to cure such breach. If the Owner fails to perform a timely cure
of the specified breach, the Agency may proceed with any or all
of the following remedies upon the Owner~s failure to cure:
(1) Bring an action in equitable relief seeking the
specific performance by the Owner of the terms and
conditions of this Requlatory Agreement, and/or
enJoining, abering, or preventing any violation of said
terms and conditions, and/or seeking declaratory
reliefs
SSS04D.PS0
I 1/18/93 ' 7 --
(2) Enter upon, take possession of, and manage =he Property
and the Development, either in person, by agent, or by
a receiver appointed by a court, and collect any rents,
income, deposits, or reserves end.apply them to operate
the Property;
(3) After notice provided for herein, make such repairs or
replacements to the Property and Development as are
necessary and provide for payment thereof; or
(4)-. Pursue any other remedy provided under the Loan
Agreement or allowed at law or in equity.
ARTICLE 5 GENERAL PROVISIONS
Section 5.1 · ~.
Except where approval by the Agency Board is expressly
described, all references in this Regulatory Agreement to Agency
approval shall mean approval by the Agency Executive Director.
Section 5.2 ~.
This Requlatox7 Agreement cannot be waived, changed,
discharged or terminated orally, and no alteration or variation
of the terms of this Regulator~ Agreement shall be valid unless
made in writing and signed by the Agency and the Owner.
Section 5.3 ARR3~~-
This Requlatory Agreement shall be governed by the laws of
the State of California.
Section 5.4 Bindina UPOn SuccessorS.
This RequlatoryAgreement shall be binding upon and inure to
the benefit of the heirs, administrators, executors, successors
and assigns of each of the parties to this Requlatory Agreement
except that there shall be no transfer of any interest by any of
the parties to this Requlatory Agreement except pursuant to the
terms of this Requlatory Agreement. Any reference in this
Requlatory Agreement to a specifically named party shall be
deemed to apply to any successor, heir, administrator, executor
or assign of such party who has acquired an interest in
SB$04D,PS0
11/18/93 '8--
compliance with the terms of this Regulatory Agreement, or under
law.
Section 5.5 Identity and Authority of Ow~r.
The person executing this RegulatoryAgreement on behalf of
the Owner covenants and warrants that the Owner is and shall
remain in good standing and qualified to do business in the State
of California; that the Owner has full right, power and authority
to enter into this Regulatory Agreement and to carry out all
actions on its part contemplated by this Regulatory Agreement;
that the execution and delivery of this Regulatory Agreement were
duly authorized by proper action of the Owner and no consent,
authorization or approval of any person is necessary in
connection with such execution and delivery or to carry out all
actions on the Owneras part contemplated by this Regulatory
Agreement, except as have been obtained and are in full force and
effect; that the person executing this Regulatory Agreement on
behalf of the Owner has full corporate authority to do so; and
that this Regulatory Agreement constitutes the valid, binding and
enforceable obligation of the Owner.
Section 5.6 Identity and Authority of the Aaencv.
The person executing this Agreement on behalf of the Agency
covenants and warrants that the Agency is and shall remain in
good standing and qualified to do business in the State of
California; that the Agency has full right, power and authority
to enter into this Agreement and to carry out all actions on its
part contemplated by this Agreements that the execution and
delivery of this Agreement were duly authorized by proper action
of the Agency and no consent, authorization or approval of any
person is necessary in connection with such execution and
delivery or to carry out all actions on the Agencyes part
contemplated by this Agreement, except as have been obtained and
are in full force and effect; that the person executing this
Agreement on behalf of the Agency has full corporate authority to
do so; and that this Agreement constitutes the valid, binding and
enforceable obligation of the Agency.
Section 5.7 Leaal Actions: Attorneys Fees.
All claims, disputes or other matters in question between
the parties to this Agreement arising out of or relating to this
Agreement, or breach of this Agreement, shall be subject to, and
decided by, arbitration=in accordance with the Construction
58504D.PSO
11/18,~'g3 '9--
Industry Arbitration Rules of the American Arbitration
Association currently in effect, unless the parties agree
otherwise.
Demand for arbitration shall be filed in writing with the
other party to this Agreement and with the American Arbitration
Association. A demand for arbitration shall be made within 15
days or shall be deemed to be waived. The award rendered by the
arbitrator or arbitrators shall be final, and Judgment may be
entered upon it in accordance with applicable law in any court
having Jurisdiction.
In any action or proceeding arising out of this Agreement,
including, but not limited to, any arbitration arising out of or
resulting from this Agreement, the successful party in such
litigation shall be entitled to recover from the non-successful
party all reasonable costs, attorneys fees, and other expenses
associated with such litigation.
Section 5.8 NO~Ges. Demands and Communications
Formal notices, demands, and communications between the
Agency and the Owner shall be sufficiently given if, and shall
not be deemed given unless, dispatched by certified mail, postage
prepaid, return receipt requested, or express delivery service
with a delivery receipt, or personal delivery with a delivery
receipt, to the office of the Agency and the Owner as follows=
Agency:
City of Rancho Cucamonga Redevelopment Agency
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
Owner:
10500 Civic Center Drive
Rancho Cucamonga, CA 91729
Such written notices, demands and communications may be sent
in the same-manner to such other addresses as the affected party
may from time to time designate as provided in this Section.
Receipt shall be deemed to have occurred on the date marked on a
written receipt for delivery, refusal of delivery, or the date
the notice was returned as undeliverable.
SSS04DJwa0
11/*1~,"9'3 --10--
Section 5.9 No Claims Against the Agency by Third
Parties.
Nothing contained in this Regularcry Agreement shall create
or Justify any claim against the Agency by any person that the
Owner may have employed or with whom the Owner may have
contracted relative to the purchase of materials, supplies or
equipment, or the furnishing ~r the performance of any work or
services with respect to the purchase or the operation of the
Property, and the Owner shall include similar requirements in any
contracts entered into for the operation of the Property.
Section 5.10 NonlLiabilitv of Offici~.
No member, official, employee or agent of the Owner, the
Agency, or the City of Rancho Cucamonga shall be personally
liable to either party to this Requlatory Agreement, or any of
their successors or assigns, in the event of any default or
breach by either party or for any amount which may become due to
either party or their successors or assigns, or on any obligation
under the terms of this Regularcry Agreement.
Section 5.11 No Third Party Beneficiari~S.
There shall be no third party beneficiaries to this
RegulatoryAgreement.
Section 5.12 Parties Not Co-Venturers.
Nothing in this Requlatory Agreement is intended to or does
establish the parties as partners, co-venturers, or principal and
agent of one another.
Section 5.13 Provisions Not Meraed with DeedS.
None of the provisions of this Requlatory Agreement are
intended to Or shall be merged by any grant deed transferring
title to any real property which is the subject of this
RequlatoryAgreament from theAgencytotheOwner or any
successor in interest, and any such grant deed shall not be
deemed to affect or impair the provisions and covenants of this
Requlatory Agreement.
SOS04D~S0
!1/la/93 -11-
Section 5.14 Reaulatorv A~reement Controls.
In the event that any provisions of this Regulatory
Agreement and any Loan Document conflict, the terms of this
Regulatory Agreement shall control.
Section 5.15 Ke~Lt~_~h~.
To the extent that any lender to, or equity investor in, the
Development shall require any changes to this Requlatory
Agreement or any of the Loan Documents, the Agency agrees to
consent to such changes, and the parties shall cooperate to
effect such changes within a reasonable time.
Section 5.16 Riahts and Remedies Cumulative.
Except as otherwise expressly stated in this Requlatory
Agreement, the rights and remedies of the parties are cumulative,
and the exercise or failure to exercise one or more of such
rights or remedies by either party shall not preclude the
exercise by it, at the same time or different times, of any right
or remedy for the same default or any other default by the other
party.
Section 5.17 ~.
If any term, provision, covenant or condition of this
Requlator~ Agreement is held by a court of competent Jurisdiction
to be invalid, void or unenforceable, the remainder of the
provisions shall continue in full force and effect to the fullest
extent possible unless the rights and obligations of the parties
have been materially altered or abridged by such invalidation,
voiding or unenforceability.
Section 5.18 Title of Parts and Sections.
Any titles of the parts, sections or subsections of this
RegulatoryAgreement are inserted for convenience of reference
only and shall be disregarded in construing or interpreting any
part of its provision.
~D~0
11/18/93 -12-
Section 5.19 Complete Understandina of the Part~e~.
This Regulatory Agreement and constitutes the entire
understanding and agreement of the parties, and may only be
amended by a written agreement signed by both the Agency and the
Owner, as set forth in Section 5.2
This Regulatory Agreement is executed in three (3)
triplicate originals, each of which Is deemed to be an original,
and may be executed simultaneously or in counterparts, each of
which shall also be deemed to bean original, but all of which
together shall constitute one and the same Regulatory Agreement.
WHEREFORE, the Parties have executed this Regulatory
Agreement in triplicate on or as of the date first written above.
AGENCY:
REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA
By:
Its:
OWN ER:
By:
Its:
c
SSSO4D,PSO
11/IS/9'~ -13-
EXHIBIT F=
FORUM OF GRANT DE~.D
RECORDING REQUESTED BY:
THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA
WHEN RECORDED MAIL TO:
Goldfarb & Lipman
One Montgomery Street
Talesis Tower, 23rd Floor
San Francisco, CA 94104
Attn: M David Kroot
No fee for recording pursuant to
Government Code Section 27383
For valuable consideration, the receipt of which is hereby
acknowledged,
THE REDEVELOPMENTAGENCY OFT HE CITY OF RANCHO CUCAMONGA,
public body, corporate and politic, of ~he State of California
(the "Grantor"), acting to carry out redevelopment purposes
pursuant to the Community Redevelopment Law of the State of
California, hereby grants to NORTHTOWN HOUSING DEVELOPMENT
CORPOI~ATION (the "Grantee") the real property (the "Property")
described in Exhibit A attached hereto and incorporated in this.
Grant Deed by this reference.
1. The Property is conveyed subject to the Disposition and
Development Agreement (the "DDA") entered into by and between the
Grantor and the Grantee and dated , 199 .
The Grantor and the Grantee have also executed a Loan Agreement,
Note, Deed of Trust and Regularcry Agreement (collectively, with
the DDA, the "Loan Documents"), all of which govern the ownership
and use of the Property and the Development.
2. The Grantee hereby covenants and agrees, for itself and
its successors and assigns, that the Grantee and such successors
and assigns shall promptly begin and diligently prosecute to
completion the redevelopment of the Property through the
construction of the Development required to be constructed
pursuant to the DDA (the "Development"), and that such
construction shall be commenced and completed within the times
provided in the DDA.
3. Fromptly after completion of the Developsent (as
defined in the DDA) in accordance with the provisions of the DDA,
the Grantor will furnish the Grantee with an appropriate
instrument so certifying (a Certificate of Completion"). Such
certificate of Completion shall be a conclusive determination
that the covenants in the DDA with respect to the obligations of
the Developer, its successors and assigns, to construct the
Development and the dates for the beginning and completion of the
Development have been met, and shall be in such form as will
enable it to be recorded among the official records of San
Bernardino County.
4. The Grantee hereby covenants and agrees, for itself and
its successors and assigns, that during construction and
thereafter, the Grantee shall devote the Property only to the
uses specified in the Loan Documents.
5. The Grantee hereby covenants and agrees, for itself and
its successors and assigns, that during construction and
thereafter, the Grantee shall operate and maintain the Property
and the Development in compliance with all requirements for
operation and maintenance set forth in the Loan Documents.
6. TheGrantee covenants and agrees, for itself and its
successors and assigns, that it shall not discriminate on the
basis of race, color, ancestry, national origin, religion, sex,
sexual preference, age, marital status, family status, source of
income, physical or mental disability, Acquired Immune Deficiency
Syndrome (AIDS) or AIDS-related conditions (ARC), or any other
arbitrary basis, in the hiring, firing, promoting or demoting of
any person engaged in the construction work and that there shall
be no discrimination against, or segregation of, any person or
group of persons on account of any of the above-listed factors in
the sale, lease, sublease, transfer, use, occupancy, tenure or
enjoyment of the Property, nor shall the Grantee itself permit
any such practice or practices of discrimination or segregation
with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees or vendees
in the Property and the Development.
All deeds, leases or contracts made relative to the Property
or the Development shall contain or be subject to substantially
the following non-discrimination clauses=
~Grantee herein covenants by and for itself, its
successors and assigns that there shall be no
discrimination against or segregation of a person or of
a group of persons on account of race, color, creed,
religion, age (except insofar as the property is used
for housing for the elderly), sex, sexual orientation,
marital status, national origin or ancestry in the
sale, lease, sublease, transfer, use, occupancy, tenure
or enjoyment of the property herein conveyed nor shall
the grantee or any person claiming under or through the
grantee establish or permit any such.practice or
practices of discrimination or segregation with
reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees
or vendees in the property herein conveyed. The
foregoing covenant shall run with the land".
b. IrELeases:
'The lessee herein covenantSby and for the lessee and
lessee's heirs, personal representatives and assigns
and all persons claiming under the lessee or through
the lessee that this lease is made subject to the
condition that there shall be no discrimination against
or segregation of any person or of a group of persons
on account of race, color, creed, religion, age,
(except insolaf as the property is used for housing for
the elderly), sex, sexual orientation, marital status,
national origin or ancestry in the leasing, subleasing,
transferring, use, occupancy, tenure or enjoyment of
the land herein leased nor shall the lessee or any
person claiming under or through the lessee establish
or permit any such practice or practices of
discrimination or segregation with reference to the
selection, location, number, use or occupancy of
tenants, lessees, sublessees, subtenants, or vendees in
the land herein leased".
'There shall be no discrimination against or
segregation of any person or group of persons on
account of race, color, creed, religion, age, (except
insolaf as the property is used for the elderly),sex,
sexual orientation, marital status, national origin or
ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the property nor
shall the transferee or any person claiming under or
through the transferee establish or permit any such
practice or practices of discrimination or segregation
with reference to the selection, location, number, use
or occupancy of tenants, lessees, subtenants,
sublessees or vendees of the land'.
7. The Grantee represents and agrees thattheProperty
will be used for the purposes of timely redevelopment as set
forth in the DDA and not for speculation in landholding. The
Grantee further recognizes that in view of the following factors,
the qualifications of the Grantee are of particular concern to
the community and the Grantor:
a. The importance of the redevelopment of the
Property to the general welfare of the community~ and
b. The land acquisition assistance and other public
aids that have been made available by law and by the government
for the purpose of making such redevelopment possible; and
c. The reliance by the Grantor upon the unique
qualifications and ability of the Grantee to serve as the
catalyst for development of the Property and upon the continuing
interest which the Grantee will have in the Property to assure
the quality of the use, operation and maintenance deemed critical
by the Grantor in the development of the Property; and
d. The fact that a change in ownership or control of
the owner of the Property, or of a substantial part thereof, or
any other act.or transaction involving or resulting in a
significant change in ownership or with respect to the identity]
of the parties in control of the Grantee or the degree thereof is
for practical purposes a transfer or disposition of the Property;
and
e. The fact that the Property is not to be acquired
or used for speculation, but only for development and operation
by the Grantee An accordance with the Loan Documents$ and
f. The importance to the Grantor and the community of
the standards of use, operation and maintenance of the Property.
The Grantee further recognizes that it Is because of such
qualifications and identity that the Grantor has entered into the
DDA and has conveyed theProperty to the Grantee.
For the reasons stated above, the Grantee covenants, for
itself and its successors and assigns, that there shall be no
sale, transfer, assignment, conveyance, lease, pledge or
encumbrance cf the DDA, the Property, the Development or cf any
other ownership interest in the Grantee, in violation of the Loan
Documents.
No voluntax7 or involuntaz7 successor in interest of the'
Grantee shall acquire any rights or powers under this Grant Deed
or the Loan Documents except as expressly set forth in this Grant
Deed or the Loan Documents.
8. The covenants contained in Sections 2, 3, 4, and 5
regarding construction, use, operation and maintenance, and non-
discrimination shall remain in effect in perpetuity, or for so
long as maybe enforceable. The covenants against prohibited
sales, transfers, assignments, conveyances, leases, pledges and
encumbrances contained in Section 7 shall remain in effect for
the period set forth in the DDA.
9. No violation or br~ach of the covenants, conditions,
restrictions, provisions or limitations contained in this Grant
Deed shall defeat or render invalid or in any way impair the lien
or charge of any mortgage, deed of trust or other financing or
security instrument permitted by the DDA~ provided, however, that
any successor of Grantee to the Property shall be bound by such
remaining covenants, conditions, restrictions, limitations and
provisions, whether such successor's title was acquired by
foreclosure, deed in lieu of foreclosure, trustee's sale or
otherwise.
10. The covenants contained in Sections 2, 3, 4, 5 and 6 of
this Grant Deed shall, without regard to technical classification
or desi~nation, legal or otherwise specifically provided in this
Grant Deed, be, to the fullest extent permitted by law and
equity, binding for the benefit and in favor of and enforceable
by the Grantor and its successors and assigns, the City of Rancho
Cucamonga, and any successor in interest to the Property or any
part thereof, and such covenants shall run in favor of the
Grantor and such aforementioned parties for the entire period
during which such covenants shall be in force and effect, without
regard to whether the Grantor is or remains an owner of any land
or interest therein to which such covenants relate. In the event
of any breach of any of such covenants, the Grantor and such
aforementioned parties shall have the right to exercise all of
the rights and remedies, and to maintain any actions at law or
suits in equity or other property proceedings to enforce the
curing of such breach. The covenants contained in this Grant
Deed shall be for the benefit of and shall be enforceable only by
the Grantor, its successors and such aforementioned parties.
ll. Subject to and in accordance with the procedures and
provisions of Section 7.1 of the DDA, if the DDA is terminated
pursuant tothe terms of the DDA prior to recordation of a
certificate of Completion, the Grantor shall have the right, at
its option, to reenter and take possession of the Property or the
Development or such portion thereof, and revest in the Grantor
the estate conveyed to the Grantee.
Such right to reenter, repossess and revest shall be
subordinate and subject to and be limited by and shall not
defeat, render invalid or limit:
a. Any mortgage, deed of trust or other security
instrument permitted by the DDA~ and
b. Any rights or interest provided in the DDA for the
protection of the holder of such mortgages, deeds of trust or
other security instruments.
The Grantor shall have the right to institute such actions
or proceedings as it may deem desirable for effectuating the
purposes of this Section, including also the right to execute and
record or file with the Recorder of the County of San Bernardino
a written declaration of the termination of all rights and title
of the Grantee, and its successors in interest and assigns, in
the Property, and the revesting of title thereto in the Grantor.
Any delay by the Grantor in instituting or prosecuting any such
actions or proceedings or otherwise asserting its rights under
this Section shall not operate as a waiver of such rights or to
deprive it of or limit such rights in any way (it being the
intent of this provision that Grantor should not be constrained
so as to avoid the risk of being deprived of or limited to the
exercise of the remedy provided in this Section because of
concepts of waiver, laches, or others), nor shall any waiver in.
fact made by the Grantor with respect to any specific default by
the Grantee, its successors and assigns, be considered or treated
as a waiver of the rights of the Grantor with respect to any
other defaults by the Grantee, its successors and assigns, or
with respect to the particular default except to the extent
specifically waived.
12. Only the Grantor, its successors and assigns, and the
Grantee and its successors and assigns in and to all cr any part
of the fee title to the Property shall have the rights to consent
and agree to changes or to eliminate in whole or in part any of
the covenants contained in this Grant Deed or to subject the
Property or the Development to additional covenants, easements,
or other restrictions. For purposes of this Section, successors
and assigns of the Grantee shall be defined to include only those
parties who hold all or any part of the Property in fee title,
and not to include a tenant, lessee, easement holder, licensee,
mortgagee, trustee, beneficiary under deed of trust, or any other
person or entity having an interest less than a fee in the
Property°
In the event there is a conflict between the provisions of
this Grant Deed and the Loan Documents, it is the intent of the
parties hereto and their successors in interest that the Loan
Documents shall control.
MARKET DATA SUMMARY
RESIDENTIAL LAND VALUE INDICATORS:
Data Date Zoning Land Size Corner Density Sale Price $ Per SF $ Per Unit
A. 9-89 R3 656,014 sf no 1/2,733 sf $4,650,000. $ 7.09 $19,375.
N/S D Street, 348.15' W/O Corona Street, Ontario
B. 11-89 RM 51,836 sf yes 1/2,592 sf $ 372,000. $ 7.18 $18,600.
SEC Fifth Avenue and Washington Boulevard, Upland
C. 12-89 VPC 337,154 sf yes 1/2,719 sf $1,975,000. $ 5.86 $15,927.
NWC Victoria Park Lane and Atwood Street, Rancho Cucamonga
D. 12-89 SP 767,571 sf no 1/2,584 sf $6,979,000. $ 9.09 $23,498.
E/S Turner Ave., 247.47' S/O Fourth Street, Ontario
E. 2-90 R2 105,851 sf no 1/2,520 sf $ 940,000. $ 8.88 $22,381.
S/S Sixth Street, opposite Holmes Court, Ontario
F. 11-90 RC 104,108 sf no 1/2,539 sf $ 570,000. $ 5.48 $13,902.
S/S San Bernardino Avenue, opposite Evergreen Lane, Bloomington
G. 4-92 SP 599,952 sf yes 1/1,923 sf $4,100,000. $ 6.83 $13,141.
SWC Fourth Street and Center Avenue, Ontario
VALUATION ANALYSIS (Continued)
MARKET DATA APPROACH: (Continued)
Land Value: (Continued)
will also increase, while the rate per unit will decrease. Conversely,
as the density decreases (and the total number of units decrease)
the rate per square foot of land will decrease, and the rate per unit
will increase.
Thus, while all of the sale properties employed in this study have a
development density far greater than the subject property, the rate
per square foot of land area applicable to the subject property will be
at the lower portion of the indicated range, while the rate per unit
applicable to the subject property will be at the upper portion of the
range.
By way of comparison, the subject land is zoned for low/medium
density residential development. The site contains 8.56 acres, or
372,874 square feet of land area. A bonus density will permit a total
of 88 units, or one unit per 4,237 square feet of land area.
Based on an analysis of the various sale properties, and considering
the financing involved in each transaction, plus considering the date
of sale and land value pattern in the general area, the land value of
the subject property is estimated at $4.50 per square foot of land
area, and $18,500 per unit, as follows:
372,874 SF x $ 4.50 = $1,677,933.
88 units x $18,500 = $1,628,000.
FINAL ESTIMATE OF VALUE:
Based on the foregoing analysis, and assigning similar weight to the
value indications above, the value of the subject site, as of the date
of value set forth herein, is estimated at $1,650,000.
3-13
13. This Grant Deed may be executed and recorded in two or
more counterparts, each of which shall be considered for all
purposes a fully binding agreement between the parties.
IN WITNESS THEREOF, the Parties have executed this Grant
Deed as
GNs, I4TEE: GRAR'OR:
Northtown Housing Development Redevelopmerit Agency of the
Corporation, a California City of Rancho Cucamonga,
nonprofit public benefit a public body, corporate and
corporation politic
By: By:
Its: Its:
Signatures Must Be Acknowledged
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN BERNARDINO )
On' , 199_, before me, the undersigned, a Notary
Public, personally appeared , personally
known to me (or 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(lee), 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.
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN BEI~NARDINO )
On , 199_, before me, the undersigned, a Notary
Public, personally appeared , personally
known to me (or 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(lee), 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.
WITNESS m~hand and official seal.
MICHAEL J. FRIEDMAN
VICE pRESIDENT
Telecommun cations
Management Corp.
5757 WILSHIRE BLVD. pHONE (213)931-2600
SUITE 635
LOS ANGELES, CA 90036 FAX (213)931~7355
CITY OF RANCHO CUCAMONGA
MEMORANDUM
DATE: danuary 19, 1994
T0: dack Lam, AICP, City ~anaOer r~
BY:
SUBdECT: ~PPROVAL TO EXECUTE A~ AGREEME CO 94-006) FOR PAYMENT OF FEES
FOR PARCEL ~AP 13724, LOCATED ON THE SOUTH SIDE OF FOOTHILl_
BOULEVARD, BE~EE~ I~TERST~TE 15 A~D ETI~ND~ AVENUE, SUBMITTED
BY ~OOTMILL ~A~ETPLACE PARTMERS (ITEM D=9)
Please remove subject item from the City Council Agenda of January 19, 1994.
The required documentation has not been submitted at this time.
RG:WJO:dl w
Tkis Route 66 photo exhibitis brought to you by the Rancho Cucamonga Visitors Bureau:'s
corps of Greeters. Greeters are united in their resolve that the growing number of visitors
seeking a Route 66 holiday deserve a friendly welcome in Rancho Cucamonga, the gateway
where California s most famous roads and trails converge.
Additional ~tolnnto. ers are needed to give a bigger welcome tothe expanding Route 66 visitor
-market. In serving as the rallying point for Route 66 tourism Greeters help Route 66 travelers
fulfill their expectations in~Rancho Cucamonga, the Heart of Route 66 Territory:
CENTRAL CALIFORNIA
SANTA
MONICA
LONG
BEACH
~reeters make-.Ranclao-~-ueamong~morelivableby. stafrmgthi~ interesting Route 66 Territory"
Museum: Visitor Center & Gift Shop. As the indispensable welcoming team for Route 66
travelers Greeters ate assuring a growing Route 66 tourist trade, economic development and
tourism jobs. Not a bad achievement for volunteers...
We hope that you, or someone you know, will consider joining us as a Greeter, to increase our
economic prosperity and quality of life.
SOLU ION C2C/' C7/ F
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA ADOPTING AN
OFFICIAL CITY SEAL AND CITY MOTYO
WHEREAS, the City of Rancho Cucamonga was incorporated in 1977 and
has since grown and developed into a community of residents, merchants and
business people dedicated to creating the highest quality of life possible; and
WHER'EAS, since its incorporation, the City has not had an official seal or
motto to communicate to others the quality, the pride. the heritage and the
bright future of our community; and
WHEREAS, this City seal and motto have been created to represent the
past, present and future of the community and to proclaim to everyone that
Rancho Cucamonga is "A World Class Community"; and
WHEREAS, it has been the people of Rancho Cucamonga, those that live
here and those that work here, who have made Rancho Cucamonga the quality
place that it is and therefore it is appropriate that the City motto reflect the
importance of the community of people who have worked so hard to make the
Rancho Cucamonga of today.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rancho Cucamonga does hereby adopt an official City Seal as depicted in
Exhibit A and also does hereby adopt the phrase "A World Class Community" as
the official City Motto.