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HomeMy WebLinkAbout1983/01/19 - Agenda Packet - (2)RA14CHO CUCAMONGA i Redevelopment Agency Fr, vans Park it, Cantor 916' Base se Wh LLte Road Rsn": Cucamonga, Califlrnia January 19, 1983 AGENDA 1. CALL TO ORDER 7:U% A. Roll Call Dahl , Duque,; X. Proat x , SchlosaerQ, MSkelaZf , B. Approval of Minutes: Ducemter 6, 1982 December 15, 1982 and January 51 1983, 2. STAFF REP03TS A. APPROVAL OF IROGRAM DgP(WT AGREENEM CH MORTOAGB& T ROU=I BOND PROGRAM. Staff report bf Tim Deedle, Som.or Planner. Tho program deposit agreement between th j participating developer and the RDA are agreements with devolopers in the Redevelopment Agency area to do partioipat+ in the Mortgage Bond Program. Reeoauudations It is recommended that ne Resolution be approved authorizing execution of prngram depouit agreement on behalf of the Redevelopment Agency. RESOLUTION NO. RA83 -1 A RESOLUTIL;v OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING EXECUTION OF THE PROGRAM DEPOSIT AGREENEffr AND PROVIDIr.0 OTHER MATTERS RELATING TO T-1E RANCHO CUCAMONGA REDEVELOPMENT AOEHCY. B. APPROVAL OP AGREEMENT FOR ZW,T E1'.RTWG Wffr P3- An agr'a. for traffic engineer, p,ellminar/ design, and right -of -way needs d -ltermination for the Route 15/66 Interchange (Foothill Blvd. /Davora Fromay). Poems A Associates of Ontario agrees to perform the work for a fee of $20,400.00. Recommerdation: It Ss recommended that the agroemeato for engineering services be approved and that the Agency outhorixe execution by the Chairman. 3. ADJOORA1GOff ritC'�1�o1... :. ri •�A.}v 2° 27' 5 `t 5 `t E Decaebor 6, 1965 CM or Ulm t'OCJWXU B =EL0J1D3r A== 1(1BpfLT 1. T. 10 "m J Ypsolal eotY.bW Mhos too the Aedorelopret Aamw vs told id toe Llddo h1 Cosmlq Gdrur do ttmh). Woe 6. 1961. Tao wt" ess ul:ed to order at IM PA. P.• malrrt. Joe D. Mltel.. tPr-srat more: Apra -r Hobe- m,rlos J. ferret II, PWIU, D. Jchlorers Jssto IC -frost. JOd ChUrevr Jan D. !prole. 'Al. J)raamt .wret Laeeotln Dirsotor. gorse Jt. W Irrc; r -itd .Ae- IUJSrt J11rod[dr. Jadt 1"; City Pl000tr. Ma Dora; aad :actor Plainer. 'ils.6sedlo. Ab.mt; at®al tfox�r {LO"fo M. DW. 3. 'IMrRown0ef�� qtr. Ys.soeuO vrtrtaerd tr Puryoas of the ewtlMe e a ne N t'r'o-10. tPa 'P-dewla+mmt Aloof se ace tow mwCllo .Std son lofdreotion amcoroloB :tow ,prep•• di Mprtpp ft.. load Psiroo. Mr, dssaervO Sot of rM - faliostol wa6sro of t!r city.. amrltlOp tact .JussPh JaOeft, fwlDtlitf coo otlr t for bplre Zedg.ew.• lmtt Pallor., bmwd twdorerltsro fro ltd od .od fineop" .lndf Btll, bddd eauwl from tow loe flee of Jta., Do", Ball 6 IWW 71111 rio,l , notoOlal doo ateot fro, Pisiie.d 6 middp �. tROffty Or FPM W1 pIlP1RO;RIC.[ 'Proem4tlms reprdic, tow sortlep roream hoed preAYa were odo by tba rfollgirl; Scott obllers, Star 6 Iouodoors, dtodu olillbllltf roduLemet., 9 rtldlpaats is fluacla6 tlwo prtgros. federal sod s4to r+lule[fov, and tM Joe Ittdm p .. .lodf Wll, Jan-, Ball, WIl t wits, diameaod the role or brad ceomsol awal the 1fyJ os odts a W fleYwmt W aortl s rsroma boad prgtrr as it ml.w m rod eldpormt a6.s•r•s le rlllforale. Joseph Jtdeft, hplro Doaaoles, dlaoctsad L10 factors csed U dote Wdl r1toM ntLW, tDe tlptacial frsalbllltf .Lure. NMcb W t Jrod prior to .tCe sale 'Lod to u of .11 ,I e',. boots. Bill Yioldo-o, P1oL1wd 6 AOL p . 41."ed lba role of the flatooisl ewoMtoOt to rorlrlw too, 'Plow fadets of tom oortl.6e ye r bond .9ryir" 1d Order t0 ProtCrt tb. ]et {root Of tae Clty Or BCa0e0 r"^•m'ap and Sts Yd4rdiPp,ret 1(0001. l� 4 yADOAAM SCMPDVLB v DAT: Amiss 11L1CJM]1BLe rtetr 11 -17 -02 Leteln U d.rarlter no Pond 00+ .l... .... .. ...... .A6aml Bosh II -16-82 1U."low temoola f.aelbillty Conaulum. .rune Tom tr.yla Wry De'.I-w-s ".OtIAS..... . /lwu. Tau 11 -19-82 4eomoa aaeatlm of rasslbility Conoltaat.... ...... .. AA.ray SWT 11 -2442 Distribute Dewleper's Oueetioamila . ... ...... ...has cemUltsat 11 -21 -32 Distribute Draft vo sloptr'e IAratsnt... •.. .. • .. ..Bond Comm) 12 -6 -32 Seaoad Cevloper'a 1Motlnt ..... .. .. . Ilo.oee Ten "It.. Dsy.loxr fer.aaent ..... .........Boyd C�al Bent. 0.selopr Ou..tit lye. .. .tees. Ccnsulttdt Diacus.1loa.ilan prxadu .. .Wdarariter LValuaie alterAtte floanctoB r.Dlol.a... ..D.r.lrp•rs Identi'2 pref.rraa lender.. .W,W.per. AAemy Irortsbp . ... ...... .. .... .Ae., Board Beteld rats. Con.ultaat...... ..... .Ar'my Board Oleeuts Pr.Was paranaUrs. .. .. %lnanv. Tem 12 -20-02 uecut. rrollcina7 De.elaper AAremant.. ....BOW Cowve: Callmt 1 /IS B.een'atloo y.s.. .. ...AAtmr Bt.ff Raft Feasibility Study.. ... .. .has. Caawlteat Inft Le lsodle6 DrwlrsrLta. ••.• ..Brnd Counul 1243 -82 Distribute Study A bOdln6 p unante....y Cmuult /B Cwtuel 1 -5.83 AOprovl or ym6rts Deposit AAreernt... ... .Ag.ad' Board 1 -1043 0.0ments hr1.0 34ssloo retslblllty Study l C LSam Contract .Mrelopers W. A 3enlalas Daaua oms. . ...... .Lams. 1 -10 -83 Olatribute Offlalal 3tat.oem ....... . ... ..0 erarlter 1.21 -83 Moelre Alloutloa.... .. .. ......State 2.2 -03 I tlnB .1tA A6cmr to Discuat Pratras ... ..... 7LUme Tea Alloo.tim frxaduns Poaalblllty Study cdoaltaant Cantmot 2 -A -83 Standard A Poor'a Sit. Tlslt .... .. ..rimne. Tea 2 -3-63 hrlse A Di trlbut. hd.Lblllty Study A Official Stattaebt. .P. Cadrvlttvc /UWer.rlter 2 -18.83 Meet. Wind. .... .]tuWt" A Poor'. 2 -21 -83 Dlstribat. Official Ststaa.nt........ ... .UUlervrlter 2 -78 -83 Prle. Band.... ... ... .... thd.rarlter 3 -2 -83 D..sete hrebaa. f tract -Anal ASCe. ... ..... AAmoy Bond 3 -1143 Ce11vr rrxaed.. .... .... .VM.rurLwr /B. Couos.l n 1� • .. ADJOUAIr¢ Lbtlom Hov.d by S.Dlo.a.r. second" by buaurt to adjourn. Motion card*! urunliou+li 44-1 (Dial ab3"t) V. n.tW tnJowrnve at D145 D... ANplot Nlll soNltgG. Lowe. M. to u.rnn City dart u t: J — ?t Y • December '5, 1982 CITY OF RANCHO CUCAMONGA REDEVELOPMENT AGENCY MINUISS 1. CALL TO ORDER A meeting of the Rudevelopment Agency of the City of Rancho Cucamonga met in the Lions Park Community Center, 9181 Base Line Road, on Wednesday, December 15, 1982. The meeting was called to order by Chairman Jon D. Mikels at 7:03 p.m. Present were: Agency members, Richard M. Dahl, Charles J. Buquet II, Phillip D. Schlosser, James C. Frost, and Chairman Jon D. Mlkela. Also present were: Executive Director, Lauren M. Wasccrman; Legal Counsel, Francis Baum; Community Developawnt Director, Jack Lam; City Engineer, Lloyd Hubbs; and Senior Planner, Tim Beadle. Approval of Minutes Motion: Moved by Schlosser, seconded by Dahl to approve the minutes of October 20, 1982, November 17, 1982, and December 1, 1992. Potion csrrled unanimously 5 -0. . 2. STAFF REPORTS A. AGREE21ENT TO FUND DAY CREEE BUREAU OF RECLAMATION GRANT APPLICATION. Staff report by Lloyd Hubba. Originally funds were to be drawn from storm drain fees but with tLa formation of the Redevelopment Agency and the large committment of funds it was more appropriate for fundo to coma from the Redevelopment Agency. An additional item related to this agreement, it would be cost effective that while environmental document for Day Creek portion included in this agreemont to also expand to cover environmental work required for San Savalne- Etiwanda Channel in order to adopt full master plan it Is required that an EIR be completed for the total project. City of Fontana approved the concept of coming up with an additional $15,000 for a full EIR; each of the cities Involved to fund $2500 each and San Bernardino $7500. Mr. Rubbs requested amendment to approval of this agreement to authorize request for additional $2500 to cover the EIR on the total project. Draft of total plan should be received within the next month, and adoption of the plan within the next three or four months. Mr. Mikels asked for clarification bet:reen an EIS and an EIR. Mr. Hubba explained an EIS Sr completed to meet regulations of the federal government and Environmental Protection Agency's Bureau of Reclamation. The EIR meets State of California environmental requirements. Mr. Mikels opened the mating for public discussion. There being none, the public discussion portion of the meeting was closed. Hr. Frost asked If It were practical on an annual basis to determine the entire oacps of cork for flood control district. Mr. Frost suggested 11 it were not done piecemeal perhaps money Could be saved. Also could a negotiation method be discussed with the flood control district next year. Hr. Hubbs stated on this project there did not seem to be additional work. If there were to be a now project perhaps we could look at different methods. Hr. Front stated that by doing It piecemeal makes it impossible for anyone else to compete. Mr. Hubbs stated prices are Competitive on this project. Hr. Baum suggested approval be subject to legal counsel review of the agreement and return to Redevelopment Agency for final approval. Mr. Hubbs stated since it Is a three -party agreement, with Rancho Cucamonga, Ontario, and Fontana, it would not be in effect until all parties approved the agreement. Hr. Schlosser stated it seemed like alot of money to be expanding on a project that had been studied in depth already. Px. Hubbs stated this was not a study, but a formal grant application and state law requires various studies be completed. Hr. Schlosser felt that it should got out to bid. Hr. Waaae:man stated we are hiring expertieo of consultants and do not usually go out for bid. Mr. Mikels stated money spent on this Stem Is to prepare for the gent application which would bring in additional =nice from the Bureau of Reolamation aeant and would reduce city cost. He felt additional cost would be incurred if the project went out to bid. Hr. Buquet asked why an EIR was not dnne originally. Mr. Hubbs explained the EIR would be on the total pro;d0t, i.t., Day, Etiwanda, and San Sevalno Project whereas the grant would be striotl., with Day Creek Project. If Day Crack grant application was not done, there would be a need for a $40,000 EIR In order to adopt the Maater Plan for Day, Etlwanda, and San Sevaine. In reply to a question by Hr. Buquet, Mr, Hubba stated it was not a supplemental F.IR, but coverb the total plan and would be used as a base. Mr. Lam added that if an FUR was done separately later it would cost more. Notion: Moved by Schlosser, seconded by Buquet to approve loan request fur $17,500 from Rancho Cucamonga Drainage Fee fund contingent on review by legal counsel for approval as to form. Motion carried unanimously 5 -0. 3. ADJOURNMENT Motion: Moved by Dahl, seconded by Frost to adjourn. Motion carried unanimously 5 -0. The mooting adjourned at 7:21 p.m. Respectfully submittad, Mary Kuhn Acting Assistant Secretary • Jan"" 3, 1933 CITT Of g4MCNO CUCAHOWA BEDCICWPM{NT Macy MINUTE{ 1 fcAth TO OaOE_s. L mestln{ of 0. Psnrvalapr.nt Agency of the City of Ramon C,u,,mm s as Lt the Lion, Par¢ Community Center, 9161 Ease Line anent 0c Wdwbday, Janw T S. 1933. no meeting -a Mllmd I. order at TIOZ p.a. by C,ai m n, Job D. ItlweL. pro"Ot ware D. gehlwaer, James C. Prootfr am Piebald M- base J. rD.pMibe..J gucueL IIr Pn1311D 1140 Dnaent wral trenutly. Clreotorr peen M. WankermeOi Legal Couns•1. IMO {romt Camunity novellplant Dlreotorr Jaei W1 mad 3e4lor PLnnerr TM 1\90'1 t. SYA" PEMRT3 21. UPDATE Ow W50409 W" ?'WPM. Tfa btdle p,",led an pvanLV of the .Let. of the q tcagm good Program. In Partl"l.r G presented Me arnpgaXont Wing meal with participating der.10fan Chairmen Mit•b 0"4.4 art retinj far public ob.mmn0. "dressing Council nn •hiph Lewis. Lewis Hoes, staled that It was Wt poa•iNm for them In Nre an apprm,., tentative until Me Ten, list Plan n, approved. The underwrlbra hers . policy of oat .,M, a {and retina if • de1e14Der oan -t how. an p,rovd tant.tivm. No felt if the Terra Vista Plan vu apMroved. it should W as good as as approved tentative. IF. Lam state tot if the froiect doesn't Nee sppr0r.1, than there le a guod clone, Met I" Aetdn, 4•nOY will not Bill we am Eood a rating on an' fit Lewis thlys sae firm can W1 ry Pertticelpant, Men rtewis aoMomom tcoulda bwome on alten.to em If Nan ara bond funds "job are not utilized by the PrlemrY Partlelpant, ten Lost* Mow, Oar tats over Wee bond NJ'••de, the I1.. ra".. It lb. 1to4Y to W got statement that huele HOmw3 does {ulinar4anoy s dmraietiOn Of a rating for Our last'*' Mr. L" state Met Levi. ed three optl ... ... liable: 1. vat to participate at ell. 9. W in one program As an oltmrmmLe with an arranasseot with a prime" ysrtlolp.nt. 3. 0,' they amuld still h In ins program as an altarmmla in t..t cant bring" p.vtiaiD.nt obuld not Parton In the future- @A r.pnsentatlm from lowim Company asked CDunofl if the Mello- far the information was .DnuluUly r•wl"d by Prid•y. Would Hardly still he oil right. Itt tt ee s a ffe t give Wf il ,m,"tent Noe ill b ma,miM, le feasibility repar— He food. the 1nfbM1.atlbn a to the nwcor of units elan will oe part of this ."lobos' rc0uut .111h "to. to is In by Friday. The .6reesente will as uorb.d wt the follavlrµ .era. Dr1 Myor Mllsla stelae that thl. type Of problue scald be uorke, cut with staff, WA mt dutlry tM MariM. Motive, Mowed by Dahl, s.amAed by pu9wt to allow the tow .ppre.abas row Levi. florae, (1) to N, ticlpate eiM • Frldery parttalpent, and (2) to be Wk up L awant Of half of a participant. Motion Fouled me iabuly 5-0. 22, !ff! DFlmrr NGR alM1L WORT FOX F13M rria t981.82. Report prydeatet by Tie haad:a. fhalrsan Mleals opened Ina setts{ for While omarot. Then caLg mde, t,a public prom of the mat1K cas alosd. Police, How" by Schloaear, NOmdad by Float to renalt0 tee lmuni lrprt and W direct Staff to Mad Copies Of the Annual Uport to the Clumtr ddttar- cntryllarfa Cffic. and the Califarela state rontraii r,s arric. as nwired by California law. Motion earrl.d unanimously 54. Mr. W atat.d that the Terra Via" FLn W aces 1n. Copies v111 W distributed on Friday. 3. AW MlddIJfr. Wticn, Moved by table seconded by.3ehlowr to aaloure. Milan carried unanimously 5-0. Tbs gadawolopment fguncy dealing adJourrod at 7,2! p... Asapeotrully wbnitted, Dauarly 4teaat Assistant Soo"" 'i ✓S 1 N , CITY OF RANCHO CUCAbIONGA STAFF REPORT r G. DATE January 19, 1933 TO: Members of the Redevelopment Agency FROM: Jack Lam, Deputy Executive Director BY: Tim J. Beedle, Senior rlanner SUBJECT: FPPROVAL OF PROGRAM DEPOSIT AGREEMENTS c"' Program deposit agreements have been completed by the participating developers and are now ready to be approved by Lhr Redevelopment Ag_ncy The purpose of the progra• deposit agreement is to specify the developer's request to participa'.e io the bond issue and to verify the amount of bond request. A ..opy of the final deposit agreement and supportive docwent is attached. The program deposit agreement has been modified to reflect comments from participating developers. These changes are underscored. In brief, the program deposit agreement provides the following: 1. Verifies that tht developer meets the federal and state legal requirements. 2 The developer has deposited one -half of one percent of the requested mortgage amount with the Redevelopment Agency in either cash or letter of credit received by January 11, 1983. J. Provides, ac required by state law, that the deposited mnount will be for'eited by the develooer and will be used by the City for housing for low and moderate income households in the case of a failure to sell bonds or failure of the developer to participate in the bond program. 4 Approval of this program ag.,e.ment with the Agency does not obligate the Agency or the City to approve any other matters relating to the developer 5. if no allocation is granted to the City by October 1, 1983, the deposit will be returned, less any program cost to the participating developer (thus e,rectively removing our request before the State Bond Allocation Committee). 0 I I RESOLUTION NO. RA83 -01 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING EXECUTION OF THE PROGRAM DEPOSIT AGREEMENT AND PROVIDING OTHER MATTERS RELATING TO THE RANCHO CUCAMONGA REDEVELOPMENY AGENCY The Members of the Rancho Cucamonga Redevelopment Agency, Rancho Cucamonga, California, has resolved as follows: WHEREAS, the legislature of the State of California has, pursuant to Chapter 8 (commencing with Secticn 33%50) of Part 1 of Division 24 of the California Health and Safety Cade (the "Act "). authorized redevelopment agc,i ^ies to purchase longterm low - interest rate loans to finance new res dential construction to redevelopment project areas In order, to encourage invostmrnt within and to upgrade such areas and has authorized such agencies to issue revenue bonds to finance the airchase of such loans; and WHEREAS, pursuant to the Act, the Rancho Cucamonga Redevelopment Agency (the "Agency ") proposes to undertake a Mortgage Loan Financing Program (the Program ") to purchase loans (the "Mortgage Loans ") made to finance new single - family owner- occupied residential units (the "Residences ") to be constructed within its Rancho Redevelopment Project Area (the "Project Area") and to issue Residential Mortgage Revenue Bond (the "Bonds ") to finance the purchase of the Mortgage Loans; and WHEREAS, to obtain an allocation to issue the Bonds within the federally imposed limit upon the Issuance of mortgage subsidy bonds, the City of Rancho Cucamonga on August 31, 1982, filed, pursuant to the Costa -Marks Housing Bond Allocation Act of 1981, as amended (the "Cotta -Marks Act "). a notice of sale of 566,000,000 prinlcpal amount of the Bonds with the State Mortgage Bond Allocation Committee, which allocation is now pending before the Committee; and WHEREAS, in order for the City of Rancho to maintain Its position on the listing for allocations in 1983, the Mortgage Bond Allocation Committee requires, among other things, that the City cause evidence of the deposit of an amount of money or, in lieu thereof, of a letter of credit, securing such amount, which amount shall be subject to forfeiture and application by the City to assist housing for Persons of low and moderate income within the City upon the failure to sell any or only a portion of the Bonds; and WHEREAS, a developer within the Project Area desires to provide the deposit required to be made in order for the City to maintain its position on the listing for allocations in 1963, such deposit to be subject to the tens and conditions described in the Program Deposit Agreement in form presented to and reviewed by the members of the Agency with the said of its staff J u� Resolution llo. RA83 -01 Page 2 ROW. THEREFORE, IT IS HEREBY FOUND, DETERHIRED and ORDERED that the Program Deposit Agreement In fora presented at this meeting is hereby approved fur execution and the Chairman of the Agency is hereby authorized and directed t execute .he Program Deposit Agreement an behalf of the Agency with the d,:veloper desiring to participate in the Agency's Program on the terms and unditions therein provided. PASSED. APPROVED, and ADOPTEn this 19th day of 3anuary, 1983. AYES: HOES: ASSERT: on a s, a rman ATTEST: t Lauren H. Wasser=m, .secretary V; r a K t A W 1.} ♦Y 0 JnnW:ALH:ea 11123182 :ea 1.,f30/82 :ea 12/04/82 :oa 12/08/82 :ea 12/16/82 :ea 12118182 RANCHO CUCAMONGA REDEVELO"MENT AGENCY RESIDER }IAL MORTGAGE REVENUE BONDS PROGRAM DEPOSIT AGREEMENT This a Program u.•posit Agreement (the "Agreement ") entered Into this Y December, 1982, by and between the Rancho Cucamon a A-9- ency t dhe "Agency ") and n 9 Redevelopment (the Developer "): WI TN_ ESSETH: WHEREAS, the legislature of the State of California has, pursuant to Chapter 8 (commencing with Section 33750) of part 1 of Division 24 of the California Health interest ntl Safety Code, authorized redevelopment agencies to purchase long -term low - project areas e in order to encourage nlnvestmen Investment construction In redevelopment has authorized such agencies to issue revenue bonds to financupgrade he Purchase rofssuch loans; and • WHEREAS, the Agency proposes to undertake a Mortgage Loan Financing Program (the "Program ") to purchase 1 -fans (the "Mortgage oans ") made to finance new single - family owner- occupled residential units (the "Residences ") to be constructed within its Rancho Redevelopment Project Area (the "project Area ") and to Issue Residential Mortgage Revenue Bonds (the of the Mortgage Loans; "Bonds ") to finance the purchase Project Area ands the Developer to thp process and market Of new subdividing land esihln the provide finds to and Purchase Mortgage reserve Loans madeswith proceeds ofythe Bonds Ito WHEREAS, in order to obtain an allocation to issue the Bonds within the federally Imposed limit upon the issuancc of Mortgage subsidy bonds, the City of Rancho Cucamonga ithe "City ") on August 31, 1902, filed, pursuant to the Costa - Marks Housing Bond Allocation Amt of 1981, as amended (the "Costa -Marks Act "), a notice of sale of $66,000,000 principal amount of the Bonds with the State Mortgage Bond Allocation Committee, which allocation Is now pending before the Committee; 9 WHEREAS, in order for the City of Rancho Cucamonga to maintain its position for allocations In 1983 on the listing of local entitles which have filed such notices, the Mortqage Bond Allocation Committee requires, among other things, that the City cause evidenre of the deposit of an amount of money or, In lieu thereof, of a letter of credit, securing such amount, which amount shall be subject to the hereinafter described forfeiture upon the failure to sell any or only a po:tton of the Bonds WHEREAS, upon obtaining the � 9 grant of an allocation from the Mortgage Bond 0� Allocation with uteo, the ntai will assign such allocation to the Agency in accordance with authority contained in the Costa -Marks Act; and required WHEREAS, to bemade Developer In order • s provide rfor the City to malntatn t its Position on on he listing for allocations by the Mortgage Bond Allocation Ccmmitt -e in 1983, such deposit to be subject to the terms and conditions hereinafter described and as required by the '!ortgage Bond Allocation Committee; NOW, THEREFORE, in consideration of the mutual promises hareln set forth, and for other good and valuable consideration it 1s hereby agreed as follows: amount of the hBo Bonds to provide fundsv to purchase Mortgage Loans to be made with of the principal respect to Residences to he constructed by the Developer in the Project Area and it pro rata to fund any required reserve funds ana to pay Bond issuance costs (the Reservatior ", Prior to the offering of the Bonds by the underwriters to its syndicate or selling group, the Developer shall, with respect to the Reservation, enter into a Commitment Contract (and Reservation of Funds), hereinafter referred to Th Dave ion r hall h Ye the rinmt r,. r,,. --- -_ _ _ 2 Concurrently with the execution of this Agreement by the Developer, the Developer has paid to the Agency in cash an amount of money to the Agency equal to fifteen- hundredths of one percent ( 15 %) of the Developer's Reservation cash in the The amount Developer thirty-five hundredths of done l percent1 l(p35%)dtoftathe Developer's Reservation or an trrevccabls letter of credit (the "Letter of Credit"), part hereof, securing payment to the Agency prof Danz amount equal tod a thirty fiver hundredths of one percent ( 35 ° „) of the Developer's Reservation If ehe shall. 111n"it ,AArtr...., _ .. - -- - - °-• -° in the event that the Developer shall fait imely to deliver the required additional cash or the Letter of Credit, then the amount of actual damage sustained by the Agency by reason of such failure will be extremely difficult to fix Accordingly, it -s agreed that, to the event of any such failure on the part of the Developer, the Agency shall retain the cash portion of the Program deposit paid by the Developer as Ilquidated damages �1 5 0 secured by The amount paid by the Develo er by the Letter of Creaft, Inc) ,• P fn cash and, if ♦i any additlo al Re at ion `.dfna the amount o applicable' the amount e f is deer nl —� —dcd or cn �...._.. ... ae osit a fort ° grant of an ellau cfon sh `ne ueveloper ss pre °o the Costa -Mpf b ) e1I half 1, Developer 1, all be r G arks Act an n accordance received by the City, the City to assist housing for be paid by tf,e Agency with the requirements of event that Persons of law ant c,oderato Income City to be used b within the City the Y in the Costa -Marks (a) The Bonds are not sold within the Bond All ct based on is grant of the allocation time for th oca tlon Committee Period specified in the e, or a Bond; b y the Mcrtgaga Reservation (b) The Devs toper shall fall of Funds), substantially In t',,, a execute a Commitment hereby matle a part hereof, attached here [mast Contract (and members of its syndicate Prior to the off erin b as Exhibit ° " In accordance with the or selling gr °� or th f the Bonds by the underMrit saio Fundsm fncludln Provisions of such Commitment vContracthall fall to Program pa rticl e ' Mithout lfmita ttPn, failure y Developer Reserva Perform P cfon fees or to post nth r b the per to B e required letters of PaY atio red If, and to the extent, credit shall grant an allocation ent, that the Mortgage alloca cfon mean allocation and to the City which g gs Bond Allocat+Pn Committee pro rata bas tart lfled, then the Develo pert thin the al be of the and then be made first reducing a reducing actual?, granted f the letter reduction hint be ^e fPO �1t then title first g the Pmoun Developer's oblf the amount of of tredit, I* the De gation to pay a cash deposited, subject a;MaaPPl lcablt, pro rata share of ca t incurred ys to the 6 Ic is understood th Y will a t the Anent (o rfe'ted Depostc to the a ac the Agent I ssuance of the Bon payment of costs incurred 1n connection eY that portion of the Marks Act Bards to the extent permitted undar the rovis with the osed Provisions of a Pro the Cos cause the lords on the rrant of ii, all respects saclsfactinn .,r ta- 7 It 11 further understood that the Agency Mfil use Its to be sold within the period specified In the allocation by the ,:osta Ma rt,s efforts to to comolation of nrnr..: :gage_Oond Allocscinn r.. —,.__ Act based a — -- Y vu cne 0evaloPer which ° , pproval of the City of Rancho car I or oborea thin to approve ary vothercma [ter s Agency or be subject to the 4 � wL S. The cash portica of the Deposit shall be deposf ted by the Agency in an interest hearing trust accouni anted an�fnttrest earned thereon shall be Paid by the ,� tr utee thereof when available ono =ha to tt•e eve o er and one—ha u, the Agency. _� _9. Unon dol tvery o7 the Bonds Pursuant to the grant of an allocation by the Y.or, a e Bond Allocation Committee an grtion of the De osft not sub%ect to _ forfeiture shah be a fed as zha be Provided fn the ftment Loncract and Reservatf on +t :ands ]0. In tie event that the Mortgage Bond Alldcaticn Committee shall not have granted an allocation to the City for such Bonds by October 1. 1983, the Deposit (including the Letter of Credit) shall be returned to the Developer, less an aeount equal to the Developer's pre rata share of costs theretofore incurred by iho Agency. The Developer's share of costs shall be prorated based on the ratio of the Developer's Reservation to all costs of the proce.ds of the Bonds, pursuant to executed Program Deposit Agreements. ill WITNESS WHEREOF, the Agency and the Developer have caused this agreement to be executed by their doly authorized officers as of the date /trst above written. RANCHO CUCAMONGA REDEVg10PMEliT 'GEHCy n • ey ecutlYe Tt ector 0 [INSERT HAKE OF DEVELOPER] By Insert title 1 2 Y �, 4 �;. 4 MEM 0 p I no, 4LETTE2EQ OF ISSUVG &Wx) tETTr Of CY£DIT January 1983 Gcma��a 2edrrelopmmt Ayraty 9320 FAseline ftad, Suite C o„s» C4"=mS W. California 91730 We establish our trrerocable ;.otter of Credit dated January , 1983, in %air fsicr for the Aces =t of (fcsert azure of Drreloper� up to the aggregate sum o7 fiosert &liar amount equal to .3SZ of Reservation] arif table by your drafts) at tit following on- office [loser. issuing bank address] and accoganied by A stateseent signed by Ramc,o tucamu,,Ta Redevelopment yency, Rancho CacamxTa, California, ce"IfYing tt=t the drawing amount represents payn'un due under re7u7remenis sPeciffed in the Program Deposit %,MeaeOt cited as of December . 1982, as agreed by and between the Rrzroofa RrLerelopmmt Agency and (insert name of C"aioy_r), and Coostitates an amount gual to the unpaid portion of the 7-xraa rAWsit pr�'able by {fa—rt name of U.+reioper] to the f?+-4-= Cteama,a Rederelopreot A-aemry c+sept as otherwise stated, this credit is subject to the Uniform Customs and Practice Lbrrsor terry Credits (1974 recision) lo•ernattonal Chamber of Co=erce P,ialicatlom tb, M. This Letter of Credit erpfres at our, cowers .gym October 1, 1983. Yery truly yours. JfC.r; rizrd fFW-V a Rvineri tgaature E79t18IT II 1 -- L i w 6981C JHHW:ACH:ea 11/23/82 COY.MITMENT CONTRACT :ea 12/18/82 (AND RESERVATION OF FUNDS) RANCHO CUCAMONGA REDEVELOPMENT AGENCY RESIDENTIAL MORTGAGE REVENUE SONOS, 1983 SERIES A RESIDENTIAL MORTGAGE FINANCING PROGRAM This Commitment Contract (and Reservation of Funds) (the "Agreement ") is dated a; of the date shown below and is hereby entered into by and between the Rancho Cucamonga Redevelopient Agency (the "Agency "), and the Developer shown below The parties hereto hereby agree that the following terms, dates and =iunts are a part of this Agreement: Date: As o'.' 1, 1983 Name Of Developer _ the D eve toper Project: the ProNc -t T — New Residence Purchase Price Limitation $ Mortgage Loan Amount Reserved net of pro rata reserve funds and Issuance expenses: $ (the "Reservation ") Program Participation Fee: Prepaid Deposit (Including Deposit Letter of Credit) $ paid _ , 1983 Conolete Appropriate Spaces - A or O A either remaining portion in cash (cash plus prepaid portion to equal Z of Reservation) 8 or remaining portion partially in cash (cash plus prepaid portion to equal : of Reservation) plus deferred portion Letter of rredit ( `) Maximus Mortgage Loan nT Lerest Rate Anticipated Draw Oates and Amounts Draw Periods Prior to the Lbst Day of the Month of S paid , 183 S paid , 1983 u be CeTivered prior to closing subject to adjustment downward FY—Written notice from Agency prior to closing Draw Cumulative (Principal Amount3 Haximun Aswmt [TO DE PROVIDED By DEVELOPERI EXHIOIT "C" • 0 • APPROVED AND ACCEPTED upon the RANCHO CUCAMONGA REDEVELOPMENT AGENCY terms and conditions set forth LENDER By _ ' By Executive Director DEVELOPER- APPROVED upon the terms By and conditions set forth _t TRUSTEE: By Authorized Officer In addition to the above terms, dates and amounts, the parties horeto hereby agree that the terms, conditions, provisions and recitals contained in pages Z through 9, inclusive, of this Agreement and in Exhibits A, 0, C and 0 attached to this Agreement are a part of this Agreement For ease of referr,.ce the parties hereto have executed this Agreement on this page by persons thereunto duly authorized all as of the date set forth above .0 '6 i A Developer is in the process of suodfviding land within the Rancho Redevelopment Project Area of the Rancho Cucamonga Redevelopment Agency and constructing and marketiag residences thereon to the general public (the "Development ") B 'he Agency is undertaking a Residential Mortgage Flnrncing Prpgram (the "PrcgraiP) and, in implementation thereof, proposes to issue Residential Mortgage Rev;nue Bonds, 1983 Series A (the "Bonds "), pursuant to a trust indenture a draft if which has heretofore been furnished to the Developer (herein the "Indenture ") terms defined in the Indenture are used herein with the meanings therein provided The Bonds art being issued for the purpose of providing funds to purchase mortgage loans (the "Mortgag9 Loans ") made to provide permanent financing to eligible borrowers (the "Mortgagor; ") for the single - family dwellings (the "Residences") to be constructed and marketed by Developer C The Bonds are proposed to be sold to (the "Purchasers ") The Purchaser will use an Off fcial SCatr.anc appro —ad ty the Agency to market the Bonds A copy of the Official Statement has heretofore been furnished to the Developer 0 (the "Trustee ") will act as trustee for the holders o onds under the ndenture enl will use proceeds from the sale of the Bonds during the Commitment Period to acquire Mortgage Loans from the Lender w ?o will enter into a Mortgage Loan Purchase Agreement and a Servicing Agreement with the Agency Accordingly, in consideration of the above premises and for other valuable consideration the parties hereto agree to the matters contained in this Agreement 1 Reservation of Bond Proceeds The Agency shall reserve proceeds of the Bonds to provide funds for purchase by the Trustee from Lender of Mortgage Loans originated with respect to the Residences to the Development in the amount of the Reservation o,. the dates on or p -tor to , as set forth on the first page nereof The Agency has, in the � ndentun, ereserved the right, under certain cl cumstances, to provide for a date subsequent to as the last date for purchase of Mortgage Loans All purchases o orty —i agl� a Loans Hill be made on the "Funding Date" as that !arm Is defined in the Mortgage Loan Purchase Agreement Principal ,.mounts of Mortgage Loans shall not be delivered to the Trustee for purchase in excess of the cumulative principal amount of Mortgage Loans specified to ba purchased on or before any date set forth on the front pace of this Agreement There shalt be penalty for late delivery of Mortgage Loans "Commitment Period" as used herein shall mean the period terminating or terminating on such later date as the Agency may prescribe, as authorized by —the Indenture 2 Construction and MarketiLag of Residences to Eligible Morteaae rs The Developer wfil construct Residences within the eve opment in o[cortlance with the applicable standards of, and in compliance with the land use elements and the housing element of the general plan of the City of Rancho Cucamonga Developer will (a) use its best efforts to .market Residences which shall not, in any event, 0 exceed the Acquisition Costs (as defined in Exhibit A) permitted by the Mortgage Loan Purchase Agreement, to p-irchasers thereof who have not had a Present Ownership Interest (as defined in Exhibit A) during the 3 -year period prior to the date on which the Mortgage Loan is executed and who are otherwise capable of being qualified as Mortgagors and (b) cooperate with the Lender in order to permirit to originate and fund Mortgage Loans, in an aggregate principal arount equal to the Reservation and in accordance with the furthte provisions of the Mortgage, Loan , Purchase Agreement - 3 Income uallfied Persons or Families Except as shown below, the Mortgage Loan sal be secured by a Mortgage upon a Residence which is located within the Project and the M.rtgagor shall constitute an Income Qualified Person or Family. As determined from time to time by the Agency In accordance with the applicable law and as specified in the Agency's Rules and Regulations for the Program (1) With respect to not more than S Principal amount of Mortgage Loans purchasetl bZ the Yruscee, tWere shalt be no income restrictions, and (11) With rreesoect to the remainin ring- of amount of Mortgage Loans urcha setl the Trustee, Income ua I if t ad ersons nr amlles means persons or ant 1es which -have a Household Income which does not exceed 120% of the San Bernaeino Countywide median household income (120: currently equals S ) 4 Agreements with Lenders The Agency agrees to enter into Mortgage • Loan Purchase Agreements and Servicing Agreements (substantially in the fora of the drafts therecr heretofore furnished to Developer), with the Lender and the T,•ustee prior to the delivery of the Bonds providing, among other things, for the purchase by the Agency from the Lender of Mortgage Loans bearing interest at a rate not exceeding the Maximum Mortgage Interest Rate at not less than ,rcent ( %) of their principal amounts, plus accrued fnterezt, 1 any he Devoloper agrees to comply with all provisions of the applicable Mortgage Loan Purchase Agreement and Servicing Agreement as well as all other applicable Program documents In this regard, the Developer sh 1, prior to purchase of a Mortgage Loan pursuant hereto by the Trustee on behalf of the Agency, provide to the Lender for delivery to the Trustee the following documents: E (A) If reaulred by state law a final Subdivision Report applicable to the Residence securing :uch Mortgage Loan Issued by the Department of Real Estate of the State of rallfornfa; (B) A certificate of icc --,,aAcy, or its equivalent. Issued by the City of Rancho Cgcarongs verifying %hat the applicable Residence or, If applfcab le, the building within which such Residence Is located has been finally inspected by the Agency and Is released for occupancy; and (C) If applicable, a copy of tha declaration of covenants, conditions and restrictions applicable to the Project whereby the homeowner's association Is obligated to obtair and continue In effect a policy of Hazard Insurance, including an earthquake coverage endorsement and an inflation. coverage 1C� endorsement, together with a copy of a policy of Hazard insurance insuring the condomislum project, containing a provision that said policy shall not be canceled or terminated, or permitted to expire by its terms, without ten (10) days rior • written lotice to the Trustee, the Agency and the tender p 5 Program Part lc! atfon Fee Application On the date of execution by the Developer of this greement, the Developer—p-&-j-d to the Agency the cash portion Of the Program Participatlob Fee (in full - In part, if in part Letter of Credit must be delivered) A Letter of Credit securing the deferred portion of the Program Participation Fee (equal to % of the principal amount of the Reservaticnl shall be delivered to the Agency, together with the letters described in Fxhlbfts C and D, prior to the date scheduled for delivery of the Bonds to the Purchasers In the event the Bonds are hereafter sold and delivered at a cost to the Agency which permits the funding of Mortgage Loans at or below the Maxfmum Participation cFee the cash shall be portion on-refundable by deferred torthenDeveloper , Program ngtha event that the Bonds are not herec(ter sold and delivered at a cost to the Agency which will permit the funding of Portgage Loans at cr below the Maximum Interest Rate, such Fee shall be refunded to the Developer less ar amount equal to the Developer's pro rata share of expenses theretofore Incurred by the Agency The Developer's share of expenses shall be prorated based on the ratio of the Developer's Reservation to all reservations of the proceeds of the Bonds. In the event the Bonds are sold and delivered at a cost to the Agency which will permit the funding of Mortgage Loans at an Interest rate below the Maximum Interest Rate, the Agency will on the date of purchase of the Bonds by the Purchasers mail written notice to the Developer of the amount of such reduced Interest rate G Prooram Particl acton Fee - Deferred Portion 1f A lteable Letter • in Credit a he eve oper understands that t o genet' has incurred antl w 1 Incur ee rca in expenses 1n connection with the Issuance of the Bonds a portion of worth must be recovered by the Agency from Developer at the time of purchase of Mortgage Loans by the Trustee 'no amount to be so recovered by the Agency represents a deferred portion Of the Developer's Program Participation Fee equal to of the Developer's Reservation Accordingly, Developer agrees to pay the deterred portion of the Program Participation Fee in cash for the account of the Trustee concurrently with the purchase of each Mortgage Loan by the Trustee ParticipationbFee To the Developer shall, At ltra Deferred three (3) business days prior the date scheduled for offering of the Bonds by the Purchasers to Investment bankers, banking Institutions and member. of tos general public, deliver to the Agenzv the letter of Credit to be posted with the Trustee on behalf of the Agency, The Lettsr of Credit shall be Irrevocable, shall name the Trustee as beneficiary, shall authorize th• Trustee to draw thereon by prosantfng a written statement that payment 1s due (Inc, ding a requirement that the Bank Issuing the Letter of Credit have a rating Assign,' by Standard b Poor's Corporation of "M" or better) and shall be substantially In too form attached hereto as FAhlbit D The amount of the Letter of Credit may t !used quarterly on January 1, April 1, July 1 and October 1 of each year. Coaae•cfng 1, 1983 The adjusted amount shall be equal to the then unpaid amount of the de erred portion of the Program Participation Fee 13 The Trustee shall draw on the Letter of Credit in an amount equal to the then unpaid amount of the deferred potion of the Program Participation Fee (a) at any date on which the Letter of Credit expires or (b) at the end of the Commitment Period 7 Developer Representations, Warranties and Covenants The Developer represents and warrants to and covenants with-the-Agency as a part of this Agreement, and, In order to Induce the Purchasers to purchase the Bonds represents and warrants for the benefit of the Purchasers, as follows: (a) The Developer has reviewed the description of the Developer and the Project contained in the Preliminary Official Statement. Such description does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements contained therein, to the li•ht of the circumstances under which they were made, not misleading. (b) Except as described In the Preliminary Official Statement, (1) the Developer holds good and marketable title In fee simple to the real property described in the Preliminary Official Statement as constituting the Project or has the right to acquire such title as described therein subject only to encumbrances of the typo defined In the Indenture as "Permitted Encumbrances" and the lien of any construction financing and purchase money deeds of trust; and (it) such real property is currently zoned to permit the construction of single - family dwelling units of the type proposed to be constructed thereon. (c) Tha Residences to be constructed In the Project will be eligible • for private mortgage Insurance and will be constructed in accordance with all applicable building codes and regulations and with the land use element and housing element of the general plan„of the,\Clty of Rancho Cutamon a,iand will substartlaily conform to the description thereof set out n the re m nary Official Statement (d) The Developer is not in default In any material respect under any agreement, indenture, mortgage, lease, note or other obligation or Instrument to which It is a party which would materially adversely affect the transactions contemplated by this Agreement, the Purchase Contract or the Preliminar•, Official Stetome,t, and the consummation by it of the transactions covere..1 by this Agreement the Purchase Contract or the Preliminary Official Statement till not conflict with, or constitute a default under, any such agreement, indenture, mortgage, lease, note or other obligation or Instrument (e) To the knowledge of the Developer, there is no action, suit, proceeding, Inquiry or Investigation at law or to equity, before or by any public board or body pending or threatened against or affecting the Oeveloner, or any basis therefor, wherein an unfavorable decision, ruling or finding would adversely affect the transactions on the part of the Developer contemplated by the Preliminary Official Statement (f) The Developer has read and understands the intended application of the provisions of the Mortgage Loan Purchase Agreement and the Servicing Agreement referred to in Section 4 above and agrees to cooperate With the Lender fully In its fnvestigattons and other duties described in the Mortgage Loan Purchase Agreement 1q (g) Piplicabla provisions of the Mortgage Loan Purchase Agreement require that, prior to the purchase of a Mortgage Loan by the Trustee on Behalf of • the Agency, the Developer shall execute and deliver in affidavit (the "Seller's Affidavit" - in fare attached to the Mortgage Loan Purchas3 Agreement) duly sworn affirming, among other things: (1) that the Residence is a single - family Residence located _ within the boundaries of the City of Rancho Cucamonga, the construction of which is complete; (2) that all of the land being sold with the Residence reasonably maintains the basic livability of the Residence, and the land is not subject to further subdivision; (3) that thr Acquisition Cost of the Residence does not exceed one hundred ten percent (1I0.4) of the Average Area Purchase Prica (as defined in Exhibit A), (4) that the settlement and financing costs do not exceed the usual and reasonable costs that would be paid by he Mortgagor where financing was not provided through the Bonds; (5) that the Developer has not entered into any agreement with the Mortgagor pursuant to which the Mortgagor has agreed to pay monies in excess of the Acquisition Cost of the Residence (other than rentals, in an amount not to exceed the fair rental value of the Residence as determined by the Lender, pursuant to a temporary rental agreement with the proposed Mortgagor pending purchase by the Trustee on behalf of the Agency of the Mortgage Loan secured by the Residence) or pursuant to which any portion of the Residence has been left unfinished or any fixtures or other architectural appointments have been exitted or removed from the Residence in order to reduce the Acquisition Cost; (5) that the Residence is not located on leased land or if the Residence is purchased subject to any ground lease, the capitalized value of such ground lease is included in the Acquisi Lion Cost; (7) that the Residence has not been previously occupied except pursuant to a temporary rental arrangement with the proposed Mortgagor pending purchase by the Trustee on behalf of the Agency of the Mortgage Loan secured by the Residence; (B) that no portion of the proceeds of the Mortgage Loan will be used to acquire or replace an existing mortgage of deed of trust, other than construction or other temporary financing B 1 in ion of Develc er's Counsel Developer's Reaffirmation The Developer wi 1, prier to the d; Ivery o the pods to the Purchasers, tarnish to the Agency and to the Purchasers an opinion of Developer's counsel substantially in the form of Exhibit C attached hereto In addition, the Devel •ier will furnish to the Agency and the Purchasers a letter of the Developer dated as of the date the Bonds are delivered to the Purchasers and substantially in the form of Exhibit 0 attached hereto 0 15 f' 9 Interest Rate "Bu dowwn", The Developer shall be entitled to cause O certain of t�manth y pl ayments due from the Mortgagor on any Mortgage Loan to be reduced by paying to the Trustee at the time of purchase by the Trustee of such Mortgage Loan the total of the aggregate amount by which the monthly payments are to be so reduced but only as follows: I (a) The payment -to- Income ratio of the Mortgagor and the obligations - to- income ratio of the Mortgagor (and of any guarantor) shall be not less than the current underwriting requirements of FNMA or FHLMC and shall demonstrate qualification of the Mortgagor for a Mortgage Loan on the basis of payments applicable during the first year of the Mortgage Loan after taking into account the reduction in the Mortgagor's monthly payments during the first year; benefit of the hortgagor with monthly deposit releases scheduled which serve to reduce the Mortgagor's payments during the early years of the term of the Mortgage Loan; (c) the term of the "buydown" period may not be less than one year, but may extend for the stated maturity of the Home Mortgage; (d) the "buydown" may not have the effact of rsducirg the Mortgagor's monthly payments by more than an equivalent of reducing the Maximum Mortgage Interest Rate by three percentage points; (e) any decrease In the [•cunt of the "buydown" must occur annually and no such decrease for any one year may exceed one percentage point; by FDIC, (f) the trust account must be held by the Trustee and must be insured (g) the Mortgage Loan may make no reference to the "buydown" and the Interest rate and monthly payments provided in the Mortgage Loan may not take into account the "buydown "; (h) the trust agreement with the Developer must require the Trustee to credit monthly payments to the Lender for the account of the Mortgagor; (1) the trust agreement must provide for any interest on the trust account to be paid to the Developer remain In the trust and for reversion of moneys held in tie I - It account to tt.. Developer if the Residence is sold by the Mortgagor or the kurtgage Loan is prepaid to full, whether voluntarily or Involuntarily; (J) the moneys for the "buydown" must be placed In the 'rust account prior to purchase of the Mortgage Loan by the Trustee and must be sufficient (without interest unless interest is to remain In the trust account and tho Trustee agrees to a fixed rate of Interest for the full term of the trust) to make all monthly payments provided under the "ouydown ", and (k) the Mortgagor's only interest in the escrowed moneys Is to have them applied to payments due under the Mortgage Loan as provided in this paragraph and sucn moneys may net be used to pay past due payments of the Mortgagor The Developer shall pay the amount referenced In this paragraph 9 at the tire of purchase by the Trustee of the Mortgage Loan on behalf of the Agency by paying (or otherwise causing to be credited) Into the escrow for such purchase such o Section of Exhibit the ucham unt to theaccountoftheTrusteeon behalf 9 ofLthe Agency se Theeescrow company shall disburse such amoun• directly to the Trustee upon the close of such escrow The Developer shall compensate the trustee for any chaises of the Trustee in administering the trust account 10 Transfer of Reservation In the event that the Developer shall not desire use o the rota Reservatlon, such Developer may transfer such portion of the total Reservation as the Developer shall determine appropriate to any other developer which has, prior to the delivery of the Bonds, entered Into a Commitment Contract (and Reservation of Funds) with the Agency for use exclusively with respect to a project described In such Commitment Contract (and Reservation of Funds) The Developer shall net, however, in such event be entitled to a refund from the Agency of any portion of the Program Participation Fee paid cy the Developer Any developer accepting such transfer of a Portion of the total Reservation shall pay, and may only pay, to the Developer such pro rata portion of the Program Participation Fee as shall represent thr portion of the total Reservation ransforred pursuant to this paragraph 10 In addition, upon written approval of the Agency, the Purchasers and any rating service which has assigned a rating to the Burds, the Developer nay, subject to the same conditions, transfer all or a portion o' the Reservation to a developer which has not entered Into a Commitment Contract (and Reservation of Funds) 11 Bondholders Neither the Developer nor any Lender approving and accepting this greemant shall become, directly or indirectly, holders of the Bonds 12 Eouai Opportunity. Mo Discrimination -he Developer shall assure that all contractors and subcontractors engaged 1n Residential Construction shall provide equal opportunity for employment, without discrimination as to race, sex, marital status, color, religion, national origin or ancestry All contracts and subconstracts for Residential Construction shall be let without disc- iriination as to race, sex, marital status, color, religion, national origin or ancestry It 1s the policy of the Agency to encourage participation by minority contractors 13 PledU or Assignment Tito Agency may at any time assign or pledge for the benefit and security of the i eiders of Bonds any or all of Its rights under this Agreement, and thereafter this Agreement shall not be terminated, modified or changed by the Agency or the Developer except in the manner, if any. Imposed by the terns and provisions of such assignment or pledge The Developer may not assign or transfer any of its rights or interest pursuant to this Agreement without the prior written consent of the Agnrry 14 Governing Law All questions with respect to the constructlor of this Agreement, and the rights and liability of the parties hereto, shall erned by the laws of the State of California 0 17 a] 15 pa ra ra h Headin s and References SParagraphs he— reof she 1 be solely for The headings of the the meaning, construction or effect convenience of reference and shall not several ect of this Agreement 16 Severabfltt application there shall to any extent be oinvalidl or unenforceable, ai the of this Agreement, or the application of such term or other than those to whit coati le, the remainder there Sy, and shall be h it fs invalid of' unenforceablrovis ion to circumstances Dernftted b enforced to the extent e� shall not be affected wojld render any applicable law, the parties Peforcead by law To the Y of the terns of chart Agreement hereby waive any provfsfon of law which unenforceable which 17 Waiver No failure on the or ant of any part enforce any covenant or provision herein contained, discharge or invalidate r vision y hereto to Party to a such covenant f any right hereunder, shall Y nfo ^ce the same in the a or provision or affect the right of such to demand strict performance ,� anent of any subsenuent breach or default; failure not be deemed a waf ver of such covenant ovenant or condition of this Agreement shall or condition and hold8 th Indt�Y The Developer shall Indemnify the Agency an reasonable attorneys, ess of and from any and all loss, penalty d the Trustee as a result fees damage or expense that an Dena lty, fine, forfeiture, duties obligations any fa pure on the part of the Developer of them ea and obllgatinns under the terns and eveloper to y sustain er incur Provisions of this Agrre a its services, lg Lie Time is of the essence Agreement of this Agreement which shall Counterparts ahn originment may be executed In counterparts, each of and the e veemetl to be e sdme instrument gins 1, and Such counter parts shall constitute one W AdUea Acqufsition Cost weans the cost of acquiring a Residence frca the Developers or other se le —ors as a eoczpletd residential unit. •Acquisition Cost" includes all ama=ts paid, eitter in cash or In kind, by the liortgagor (or a related parry for w the benefit of the Nprtgagor) to the Orrelooer or other seller (or a relatd parry for the beneftt of the ikveloper or other seller) as cansidrrat!s.: for the Residence If the Resider =e is -jrchasd subject to a ground lease then the tern 'Atquist.ian Cast" includes the c —.z4 izd valui, of any ground rent payable with . - respect thereto_ If a Residence is incxalete, .he tern •Acquisition Cost' includes the reasonable cost of colleting the Residence whether or eat the cost of ca :pieting canstruttlw is to be financed with Bond proceeds. For example, where a Ynrtgagar purchases : building ✓hick Is so fnco:oplete that occupancy of ice building is not perm Y.0 under local law, the urn - Acquisition Cost- includes the cost of r - letir,g the building so that r..cu;.anry of the building is pemitted. As a farthmrr ezz ;le, where a Yart;agor agrees to purchase fixtures at a separate price frca the seiler or otherwise, the tern 'Acquisition Costa includes the price paid far such firtures The tem - Acqui: itfov Cost• does not include usual and reasonable setticent or financing costs 'st.lement costs` frIude titling and transfer costs, title insurance, survey fees, .ad other similar cuts. vFt"nciog cosy' Include credit reference fees, leg.• fees, aprraisal expenses, 'paints' which are paid by the buyer (ba.: not 1w seder, even th=•sh borne by the Yart;agor through a higher purchase price) or nther tests of financing the Residence. Yssever, settlement vests and 'ina•iI -q casts are excluded fn dete3fafeg Acquisition Cast only to the extrht that <r_h aanunts do mrt exceed the usual and reasonable costs which would be pa•d c7 :lie buyer where inauriog is cot provided thrsgh the Bonds. For rata Ab exacole, if the Mo- t ia cagor agrees to pay to the seller mra than a pm share of breperty taxes, su:h excess stu11 be treatd as part of Acquisition Cost of a Residence 1n axi:tfan, if tie 11art;e.9or agrees to pay to the seller an amunt suf•icient to pay outstanding assessment liens, such cayaent shall be tre:td as pars of Acquisition Cost of a ilesfdenu T he tern 'Acouisitim Cost' also does not Include the value of services perfo, red by t'se kar-.;agor or ambers of the Mortgagor's family in completing the Residere Average Area %r-; 4se price cans the average area purchase price deterirea 'or nays wh'Ci have not been previously occupied as p-blfshed by the 1hirG States Treasury Department for application to he jurisdfCtl" within which t.m . esidence is 'x ted or, if higir_r, such amat as shall be determined by the Agency. (based r;= (I) a coorehensfve sursey (which surrey shall be based upon data in the relevant c unt7 assessor's office) of resi tatfal hoas169 sales to the appropriat,t statistical area, and (11) the gtatca of eatfcnally nKo;nlzed bond or tax xmmsel chat a par^'•. -.ase price determined cy the Asmry steal. cast cause Via icte-rest on the °ends to be subject to iederal fnc:s tanatim) al the average pUM!'454 prge of all applicable single-family residences In said statistical aria for the rest recent twelve (12) maoar' period for which sufffcfeot statistical !nforyttcn is available_ EWLZIT A 1 w a. h w 0 present 6mersht lrtemst (act. applicable to last 1% of Developer's Reservation) Inc odes ril a et single interest; (11) a Joint tenancy, a tenancy 14 ne=on, or tenancy tr, the eatfrely; (III) the interest of a tawot ,harcSolder in the cao;eratfve; (iv) a life estate; (v) a land caatract (I.e., a contract ctrsoant to which possession am:d the beceftts and burdens of aiaemsIp are transferred altYcvgh iral title Is cot transferred until sate later tine); and (vi) an interest held in trust for thA rda— .ga;or (whether or not created by the Kmgagzr) V-= would constitute a present aaerzntp interest if held directly by the rertgagar. The sera "present O.Mership Interest• encltties (I) a reaainder interest; (fi) a lease woltb or vittavt an option to pv #.ase; (111) a tern ea;ectaccy to Inherit as laterest in a prfxipai residence; (iv) ttx interest that a purchaser of a residence acquires m err evecatlon of a iwchase ccatram —, and (v) an Interest to rater than a priacipal residence durtnl tee previous three (3) years. EMUST Is A (LETTERHEA., OF ISSUING BANK) NO 0 LETTEk OF CREDIT January _, 1983 [Insert (lame and Addr, . of Trustee] We establish our irrevocable Letter of Credit sated , ig83, in Your favor for the Account of (insert name of Developer) up to the aggregate :um of [insert dollar arount equal to S of Reservation] available by your Araftks) at sight drawn on us at our office insert Issuing bank address] and accompanied by the following document A statement signed by [Insert name of Trustee), Trustee for the Rancho Cucamonga Redevelopment Agency, Rancho Cucamtnga, California, certifying that the &awing amount represents payment due under requirements specified In the Commitment Contract (and Reservation of Funds) dated as of 1983, as agreed by and between the [Insert name of Trustee rus tee for the Rancho Cuetrtnga Redevelopment Agency and [insert name of Developer], and constitutes an amount equal to the unpaid portion of the Program Deposit payable to [Insert name of Trustee] for the Rancho Cucamonga Redevelopment Agency The amount of this Letter of Cred t may be periodically rdiced upon receipt by us of a statement Jointly signed by the Trustee for the Rancho Cucamnnga Redevelopment Agency and [Insert name of Developer] specifying the amount of the reduction and the effective date thereof Except as otherwise stated, this credit is subject to the Uniform Customs and Practice Documentary Credits (1914 revision) International Chamber of Commerco Publication No 290 This Letter of Credit expires at our counters on Very truly yours, Authorized Signature Authorized Signature EXHIBIT 8 e 1 Cai S(Letterhead of Counsel to Developer) (Date) Rancho Cucamonga Redevelopment Agency Stone 6 Youngberg One California Street Suite 2800 San Francisco, California 94111 Rancho Cucamonga Redevelopment Agency Residential Mortgage Revenue Bo•ids 1983 Series A Gear Sirs: We have acted as special counsel for (name of Developer) (the "Developer ") in connection with Its participation in the residtntial development, located in the Rancho Redevelopment Project Area (the "Development "), the permanent financing for which Is proposed to be provided from proceeds of Residential Mortgage Revenue • Bonds, 1983 Series A (the "Bonds ") beina issued by the Rancho Cucamonga Redevelopment Agency (the "Agency ", pursuant to a resolution of the Agency. The Bonds have been sold to Stone d Youngberg, as purchasers thereof i In that connection we have examinrd originals or copies identified to our satisfaction of the Commitment Contrac. (and Reservation of Funds) between the Developer and the Agency (the "Commitment Contract (and Reservation of Funds) "), the parts of the preliminary Official Statement relating to the Bonds which ,le.cribe the Developer and the Development and such other documents we deemed necex.ary in order to render th1• apinion Based on the foregoing, we are of the opinion that: (1) The Geveloper 1s a duly created and lawfully existing California (corporation) (general partnership) (limited partnership). (11) The Commitment Contract (and Reservation of Funds) has been duly authorized executed and delivered by the Developer and constitutes a valid, legal and binding nstrument enforceable against the Developer in accordance with Its terns (ill) The carrying rut by the Developer of the transactions contemplated by the preliminary Official Statement will not violate the (Article of Partnership) (Charter or Bylaws) of tie Dev ^loper or any court order by „hich the Deve'.iper Is bound, and will net violate the provisions of, or constitute a defu it EXHIBIT C 1 RiM `t under, any agreement, indenturo, mortgage, lease, note o• other obligation or instrument to which the Developer is a party and, except as Indicated in the preliminary Official Statement, no approval or other action of any governmental authority or agency Is required in connection therewith �t (iv) To our knowledge, except as set forth In th, preliminary \/ Official Statement, there is no action, suit, proceeding, Inquiry or Investigation• - 6 at law or in equity or befoFe or by any public board or body against or affecting the Developer or any bas s therefor, wherein an unfavcradle oeeision, ruling or finding would adversely affect the transactions on the part of the undersigned IV / cant plated by the 7 eliminary Official Statement (v) To our knowledge, the Developer Is no; In default in any material respect under any agreement, indenture, mortgage, least), note or other obligation or instrument to which it Is a Party and the consummation by it of the transactions covered by this letter, the Pu•chase Contract or the preliminary Official Statement will not conflict with, or constitute a default under, any such agreement, Indenture, mortgage, lease, note or other obligation or Instrument We have .eviewed the description of the Oeveleper and Its activitict In the preliminary Official btatement dated , 1983 Nothing has come to our, attention which would lead us to believe that such description contains any untrue statement of a material fact or omits to state a mattrial fact necessary in order to make the statements contained therein. In light of the circumstances under which they are made, not misleading Very truly yours, S (To be delivered to Agency prior to del ivory of the Bonds to the Purchaser) EXHIBIT C 2 it • (Letterhead of Developer) (Date) Rancho Cucamonga Redevelopment agency Stonc L Youngberg One California Street Suite 2800 San Francisco, California 94111 Rancho Cuu monga Redevelopment Agency Residential Mortgage Revenue Bonds 1983 aeries A Dear Sirs We refer to the Commitment Contract (and Reservation of Funds) dated as of 1983, between the undersigned and the Rancho Cucamonga edeve opment Agency the date hereof and 410 (and We the hereb representations a and (warranties made by s in said9Commit ent C ntract (and Reservation of Funds) except that, for purposes of this letter all references to the Preliminary Official Statement shall be deemed to be references to the Final Official Statement dated 1983, of the Agency relating to the Bonds Very truly yours, (To be delivered to Agency prior to delivery of the Bonds to the Purchaser) DI EXHIBIT 0 1 J yC. SELLER'S AFFIDAVIT RANCHO CUCAMONGA REDEVELOPMENT AGENCY RESIDENTIAL MORTGAGE REVENUE BONDS _ The undersigned, as proposed seller of a residence to a Mortgagor, for a ' residence the permanent financing of which will be provided by the Rancho Cucamonga Redevelopment Agency from the proceeds of its Residential Mortgage Revenue Bonds, 1983 Series A, and to induce the private Insurer of the applicable Mortgage Loan to provide private mortgage insurance, does hereby declare and certify, under penalty of perjury that each of the following statements is true and correct: (1) that the Residence Is a single- family Residence, the construction Of which is complete, (2) that all of the land being sold or leased with the Residence reasonably u maintains the bast; livability of the Residence, and the land is not subject to further subdivision; (3) that the Acquisition Cost of the Residence does not exceed one i undred ten percent (110 %) of the Average Area Purchase Price; (4) that the settlement and financing costs do not exceed the usual and reasonable costs that would be paid by the Mortgagor where financing was not Provided through the Bonds; Mortgagor pursuant ton which the Mortgagor has agreed tonpay mo eys r In mex ess i of the the sler has not entered Aceuisition Cost of the Residence (other than rentals, in an amount not to exceed the fair rental value of the Residence as determined by the Lender, pursuant to a temporary rental agreement with seller pending purchase by the Trustee on behalf of the Agency of the Mortgage Loan secured by the Residence) or pursuant to which any Portion of the Residence has been left unfinished or any fixtures or other architectural appointments have been omitted or removed from the Residence in order to reduce the Acquisition Cost; Residence 1s(6) that the Residence 1s not located on leased land or, 1f the such ground lease hasebeenbincoudedain the Acqulsitiao Cost; othe capitalized value of (7) that the Residence Is located within the boundaries of the City of Rancho Cucamonga; (8) that no portion of the proceeds of the Mortgage Loan will be used to acquire or replace an existing mortgage or deed of trust, except for construction or other temporary financing, Pursuint (9) that the Residence has not been previously occupied except Trustee on behalf temporary the Agency ofa he arrangement Mortgage Loan seller secured by the Residence by the Exhibit E • I as • (lo) that the seller has read the affidavit and the definitions of Acquisition Cost and Average Area Purchase Price attached to the affidavit; representatives of that the Lender seller Intent sto econductminvestigations t to assure the truth of the aforementioned facts at the time of execution D authorized and that the s ^tier agrees to provide such informon by the seller of the affidavit Lender in but not limited to business records or access to In formdtlod,__ Lender fn its Investlga lion; of the seller, as will aS51SL the Punishable b 12) that the seller is informed and understands that addition, that falsiflcatf n of the affidavit It nsan for perjury is Civil suit for monetary uP to four years and, in rY damages Y ca use seller to to liable In a Subscribed and sworn to before me under oath this _ day of 19 Exhibit E 2 °_— CK Notary ub is in dntl forfor th� County of • I ADREEKENT FOR ENGINEERING SERVICES THIS MRECHENT, made and entered into this __fay of , 1981, by and between the Rancho Cucamonga Redevelopment Agency located in the State of California, County of San Bernardino, hereinafter referred to as 'Agency' and Psocas 6 Associates, a Ca ifornie corporation, consulting civil engineers, with offices located at 1501 Poularino Avenue, Costa Mess, CA 91616, hereinafter referred to as 'Engineer-. M I T F B S S B T Ht %HEREAS, the City Council of the City of Rancho Cucamonga by its adoption o' Ordinance No. 188 on Deceobor 17, 1981, has authorized the Redevelopment Agency of the City of Rancho Cucamonga to undertake a redevelopoont plan for the Rancho Redevelopment Project, and WHEREAS, the Redevelopment A701acy of the City Of Rehcho Cucamonga was authorized by California Health 6 Safi' ^.oats Section 13445 to pay all or pact of the value of the land for and the cost of the installation and constrtctlon of any facility, structure, or other Improvement which Is publicly eunad either within or without the Rancho Radevelopa.unt Project Kea necessary to carry out this plans and MIERBAS, the City Council of the Clty of Rancho Cuca - -nqa and the Redevalopnont Agency of the City of Rancho Cucamonga have determined that certain freeway interchange it Proveeents at the interesection of Interstate Highway 15 and Foothill Boulevard are of benefit to It.P Rancho Redevelopment Project and that no other tuaeonabl• reins of financing such facilities, structures or other Soprovoments, are available to the covaunity of Rancho ® Cucanangal and tRIERCAS, the Redevelopm of Agency of the City of Rancho Cucamnga is authorize,, by California Health z Safety Code Section Vill W ICI]Il to prepare and carry out plans for the improvernnc, rehabilitatiom, and redevelopment of blighted areaq and WEALAS, Agency requires engineering services fer the analysis and design of certain freeway interchange lmproment• at Interstate 15 and foothill Boulevards and NNENEAg, Engine Is expeclancod in traffic analysis and roadway design, has experience in coordinating city and state projects and has various relevant capabilities nacaseary for Implementing said vorkt NOM, TNCAEMM, in conaldaratlon of the covenants end conditions hereinabove contained, the parties hereto agree as follows, Niamey does hereby retain Engineer In a contract capacity and Engittering shall perform the functions mta particularly described in fahiblt 'A' 0 I COOMIxATION I. performing these services, Engineer shall continually coordinate needs ofthe Agency, the interests of the State, and the requirement, of law to insure the teat practical project for all concerned, but It all times giving priority to the fundamental fnteresta of the Agency S2. COMPf]ibATSON sgancy shall reimburse E.iglnaer for services performed as fOLlmwa, -2- 0 1'!� r 1 Compensation for 7n91nearing Services rendered shall bo as sac forth in exhibit 'B' attached hereto and made a part hereof 2 The foregolnn rates and prices shall Include expenses incident to perforrunco tf the wors authorized except as Abova at forth, as Sall as equipment and inst,uments, the use of oltice space and minor maaar.li And supplies ] Engineer shall bill the Agency monthly Billing sill show amount billed rn da,w ar,ow, paid to date, and current balance to t aid Copies of invoimts to Engineer for outside esrvlee. for which releb,r.1 ant is requested shall be attached to Cnginons'• bill t Agency anal. retain the right to review And disagree with Engineer's billings. Any dlengreasunt of b1111nS shall be reviewed with the Engineer Payxnt shell be rude by Lila terms of this Agroenent as far as pon.iblo Where tria Agreemunt cannot bi appLi.d. payment shall be mado by metual agreement batvaan the Agency and Engineer 5 The f1nal ton Iwrcant 1101' of the fee state' hercu, shall not no billed until Cnglncer has coeplcted all authorized work and Aguncy has accepted said ark 6 d.lcncy atal pay rnglecer the amount due oneo each month following appruval at a regular mcoting of tlm Iledevelupment A•lency `V \ I a A III ITISTkLCTIO.IS TO C1 ^,It6rrn In the pertor.'ianee of the effort. sot forth In this contract Enganeir shall report to and r•,Ive lnstructrons from the Agency's engineer or a,•ch other person or officer which Agency or Agency's engineer naY drslgnate IV ThMINATION 1 Agency reserves and "a the right and privilege cancelling, suspanding, or abandoning the execution of all ur any warx in connection with into agrea.nt at any tla$ epon written notice to Eeyine.r I L t.t event of twrmle.tlon, all finished or unflnrened data, studies, raps, and reports prevarad by Erglnesr, shall At the option of Agency t ... me Agency's property • i In tht event of tarminatron, Agency $hall pay Enyir.eur f1 a I services performed and all expanses Incurred to data or tart lnation of this Agreement on A Iles end sat -riAls brsis In accordance with Engineer's standard billing rates attached hereto V SCIICUULP The axeeution of this Agreer by the parties hereto shall constitute an aethorimtion to proceed whernupi.n Engineer will ccorcncu .rocdiately on the requirsd work It, L1:.VSS UdLALOF sold parties have executed this dgrvcroAt nn the "to first berm nabove wrltt.n 48111.0 I'CCA:O%GN pSo.l, %S t ASSOCIATES. PLDMLLOWICIT ,6,L.ICy i Caalliii ffoorrniani Curperetien Uy_ UY_—in111',ila L. l+`6+1+vrY Vic. plc Pid.nt • 3� ns CLIENTS COPY sue..., E DECEMdER 20, 1982 EXHIBIT "A" SCOPE OF SERVIUS I Prepare project work program for submittal to alTrdns Pre- paration of this program will include ..,: following tasks: A. Meet with staff of Rancho Cucamonga a ^d CalTrans to discuss their concerns and objectives regarding modifi- ations to the int rchange 0 Meet with the Cucamonga Water District, San Bern—dino County Flood Control District, Edison, Gas, Telephone and Cable TV to verify location of utilities that may be impacted by the interchange modification C Traffic Engineering for Stage I Project Work Proiram 1. Traffic Volumes and Existing Capacities a Obtain current data from the City of Cucamonga (daily and peak hourly) for the freeway ramps and Foothill Boulevard. b Estimate current hourly capacities c Calculate existing volume /capacity ratios d. Estimate future traffic volumes (dhily and peak hourly) 20 years after the interchange improve- ment based on DKS Associates reports. e. Calculate volume /capacity ratios for future traffic with existing system 2 Alternative Improvement Programs a Examine two alternative nterchange plans. Assign futurr. traffic - Evaluate volume /capacity, ratios b Recommend interchange des'gn �13 / O PROPOSAL FOR ENGINEERING SERVICES C OF RANCHO LULANOIIGA nyL PAGE THO 3. Project Phasing a. Assess 'the feasibility of phasing the improvements. - Estimate the annual traffic growth bases on development densities. - Project the highway improvemrnts needed in five and ten -year perioas D. A draft of the Program will be submitted to the City Staff for their review and comment prior to submittal to Cal Trans. Included in the Project Work Program will be the following: 1 Letter of Transmittal a. Proposal b Justification e. Statement as to Project Consistency to Governor's Urban Strategy d. funding e. Agency Role f. Schedule g. Location Map 2 Stage I - Project Work Program a Location Map b Graphic presentation of proposed modification c. Definition - General statca+ent relating to area development d. Proposal - Goals of modification e Alternate or other possible solutions f Background - Discussion of traffic studies, existing and proposed lanw use, and impact of changing land use on intemchange g. Major Issues - Any anticipated opposition to the modification CI JPROPOSAL FOR ENGINEERIUG SERVICES CITY 0.• =,'CNO CU"%)NGA iit" - -. PAGE TfiREE 2. Stage I - Project Work Program (Continued) h. £oviro-mental Issues - Statement that all environmental natters will be addressed upon approval of Project Authorization Report I. Publi- Interest Groups Affected - Mat a:tfve ccamunity or minority groups. if any, will be affected by the modification J. Public Awareness - What programs will be implemented to gain public awareness k. Growth Inducement - Is the modification con- sistent with the City's Sound Management Policy for new urban development 1. Project Catagory - Relative to Freeway Agreewent Modification m. Construction scheduling and funding n. Project Organization - Interested Parties Project Development Team o. Project Development Schedule p. Apendices II. Traffic Engineering for Preliminary Design A. Interchange 1. Prepare criteria based on projected traffic d.mands in OKS Associates report. a. Number of lanes b. Turnfng- novecent lane lengths El i O PROPOSAL OR ENGINEERING SERVICES CITY OF RANCHO CUCAMONGA PAGE FOUR B. Foothill Boulevard from Day Creek C ,)ulevard to just east of Devore Freeway 1. Width and number of lanes 2 Channelization C. Day Creek Boulevard Geometric Designs and Alignments 1. Lbtain right -of -way requirements and restrictions from Southern California Edison Company. 2. Examine alternative intersection locations and access. f-I L a. Foothill Boulevard b. Regional Center c. Other developments north of Foothill Boulevard 3. Recommended Design Criteria ' a. Select alignments b. Geometries and controls D. Traffic Controls 1 Traffic Signals a Evaldrte the coM'tien of the existing traffic signal at Foothill Uoulevard /ramps intersection to determine salvageability and reuseat,ility b Prepare phdsing diagrams for three traffic signal installations. - Foothill Boulevard relocated northbound ramp - Foothill Boulevard /southbound ramp - Signing and striping c. Prepare cost estimates foi traffic siqnals, signs, and striping. O,^y PROPOSAL FOR ENGINEERING SERVICES ,�`•, CITY OF RANCHO CUCAIIONGA '_•;L. PAGE FIVE III. Prepare 200 -scale schematic plans for interchange and widering} of Foothill Boulevard between Interstate 15 and Day Creek These plans will be presented to the City Staff for tl.eir review. A final 200 -scale schematic plan will be prepared incorporating staff comi,ents and suggestions for the presen- tation to CalTrans. IV Prepare 50 -scale design based on 200 -scale schematic sub- mitted to Callrans. The design will define the limits of all basic geometric controls Including typical sections, storage lanes, traffic islands, median locatior, and tapers, and traffic lane transition limits At the completion of the 50 -ste7e design, a construction cost estimate will be prepared included in the estimate will be A Utility Reloca•I ^ns ' B Rarp Nodifica . and New Ranps l C Retaining Wails, if Pequired D. Drainage Facilities E. Grading F Traffic Signals d Signs G Foothill Boulnard Widening N Median Modifications I. R1gh• of -Hay clearance Lr V Prepare Plat for new right -of -way acquisition These plats will del late the property to be acquired from each Impacted plrcel. The drawings will be prepared by scale dimensions OPROPOSAL FOR ENGINEERING SERVICES CITY OF RANCHO CUCANONGA PAGE SIX VI Participate in Conferences and Meet4igs A. Two inceti..gs with City Staff B. Two meetings with CalTrans Shou , additional meetings be required, they will be billed on a time and material basis per the attached Fee Schedule. � �- ! ! ; ! , I ( ! } I ■ � � \ k\ \\ \ , 2 E 0 PSOMAS & A�[�/'�/'��/� [� SSOCIATES J470QCFANPARk &VD.SANAMON(gGgpseSNCN£ U /4OYAI LwAVAUAReeo AVF cosrn t.¢s,�Gne26. v1ane n,nn23 �31 WL SXiHE�$TE 265 OWN A q GOV 7 0NE7 CG0.S2 W OFFICE PERSONNEL FIELD PERSONNEL SPECIAL EOUIPMENt AND OTHER COSTS NOTE FEE SCHEDULE - CIVIL ENGINEERING • LAND TANNING • LAND SURVEYING Leecrn649Wl I"2tfru J,r 317953 $85 00 per hour for smvtces of pr(ncipob S65 00 per hour for soMces of assactates $60 00 per hour fa scrvIces of project manogors $5600 per hour for sernaos of u planners. designers or suNe yon $52 00 per hou• (pr s,ml,03 Of plaMen. dOslgners or surveym S46 00 per hour for wN,cos of out pionnon, designon or survoyoa $42 00 pot hour for services of dxbn drafts pehom S:•6 00 pot hour for somcm of drafts persons • S59 DO per hou far WMCes of savoy apeMSOr 510500 per hour for two-man survey party 5137 00 per hqa for th eO -mrys arvoy party $56 00 Per day for efoclronlc distance moasuring egsnpmonf 53000 per hour for computer Time S 50 per mde for survey iMCks S 30 per nine for ofhef Vehialos P(MIS messehOvf Serv)Co. subustence Olt tIM01. and Othor deect osPjnrrrs Wiry be chctged at cost The mmices of OuIPOA consultants veil be charger at cost plus sfteen percent. fs• m rznemis n b It /ygrj I" OQae W W 0+ 990 el 135% or fro stP o f ,e, tOtM 51/Vol old fwaovn w I» r MI" W 170%drns vopmk cj hotrN,orx r' OPROPOSAL FOR ENGINEERING SERVICES • •�.R, CITY Of RANCHO CUCNaONGA s PAGE SEVEN DECENB P. 20, 1902 EXHIBIT "B" PROFESSIONAL COMPENSATION PSc ;.ms and Associates will provide the services as described in Exhibit "A" on a fixed fee basis Fees shall to billed and paid monthly as work progresses on the basis of percent complete I Project Nork Program. .. .. ... .S 2,400 It Traffic Engineering (Stage I Work Program and Final Design) .. . ... $ 5,700 III Alternate Solutions (200 -Scale Plans). S 2,400 IV Detail Geometric Design of Selected Alternate • (SO -Scale Plans) .. .. . . __. .. .$ 9,500 V Plats for Right -of -Ray Acquisition S 400 US TOTAL COSTS . $20,400 fnci ential •.orvices or extra 'cork not specified in Exhibit "A" shall to Paid by the Client on a time and uatcrfa% basis per the a0achei: Fee Schedule