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HomeMy WebLinkAbout2000 01 19 CCAGENDA FOR THE STUDY SESSION OF THE CITY OF BALDWIN PARK CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY JANUARY 19, 2000 0.00 P.M. COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 PUBLIC CC?MMUNIGATIO FIVE (B) MINUTE MAXIMUM SPEAKING TIME LIMIT No Action or Discussion shall be taken on any item not appearing on the posted agenda, except the members of the legislative body or its staff, who may briefly respond to statements made or questions posed by persons.... (Government Code §54954.2) Si desea hablar acerca de cualquier lama, par favor, peso adelante durante Communication Oral. Un inteMrete estara presents. 1. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8 Property: California dreaming, LOCATION: 14315 DalewoodfPuente Avenue Negotiating Parties: City with California Dreaming Agency Negotiators: Dayle Keller, Rick 1= orintos, and Arnold Alvarez- Glasman Under Negotiation: Consideration of Financial Assistance B. CONFERENCE WITH LEGAL 9OUNSEL —ANTICIPATED LITIGATION C 54956.9 Initiation of litigation, pursuant to Section 54956,9(c) Number of Cases: One (1) 2. PRESENTATIONS A. INTRODUCTION OF SHAUNA CLARK AND PRESENTATION OF GRANT WRITING SERVICES (Related item on City Council Consent Calendar Item No. 1-J) 3. ADJOURN Agenda —January 19, 2000 Page 2 AGENDA FOR THE REGULAR MEETING OF THE CITY OF BALDWIN PARK CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY HOUSING & FINANCING AUTHORITY JANUARY 19, 2000 7:00 P.M. COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 lndivlduals are it 49d an. ►yePragr�ne,•, a`> l ef�A:pe blfc' miner f ar�ods; vld drl r 9 dodme ohhhe meetings of the GNy Cour:clf�4eriet elopmsr[i�4�ency Hovrever, rllstutbanoss a� Goiriii�!/,A cy meetings will rout be tolerated and are purtlshabis wq misde iai > �1'erral,Gode A. CALL TO ORDER B. INVOCATION C. PLEDGE OF ALLEGIANCE D. ROLL CALL: Councilmembers: Ricardo Pacheco, Linda Gair, Marion Garcia, Mayor Pro Tem William "Bill" Van Cleave and Mayor Manuel Lozano E. OATH OF OFFICE AND CERTIFICATE OF APPOINTMENT TO NEWLY APPOINTED RECREATION/COMMUNITY SERVICES COMMISSIONER RAMONA DE LA TORRE F. PROCLAMATIONS /COMMENDATIONS /PRESENTATIONS • Awards of Merit presented to the nearly installed officers of the Baldwin Park Historical Museum; Grace Jordan, President; Lorraine O'Brien, Vice President; Eileen Pinhero, Secretary; and Virginia Lyddiard, Treasurer. Agenda — January 19, 2000 PUBLIC COMMUNICATIONS — ALL AGENCIES FIVE (5) MINUTE MAXIMUM SPEAKING TIME LIMIT Page "No Action or Discussion shall be taken on any item not appearing on the posted agenda, except the members of the legistative body or its staff, who may briefly respond to statements made or questions posed by persons —" (Government Code §54954.2) Si doses hablar con el Concitio acerca de cualquier terra, por favor ease adetante durante Comrnunicacion Oral. Un interprete estara presente. CITY COUNCIL. 1. CONSENT CALENDAR All Items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a Council Member so requests, In which event, the item will be removed from the General Order of Business and considered in its norrnal sequence on the Agenda. • Approval of Certificate of Posting for JANUARY 19, 2000 A. APPROVAL OF MINUTES — December 1 1999 (Regular & Study Session Recommendation: Approve B. CLAIMS AND DEMANDS Recommendation: Waive further reading, read by title only, and adopt Resolution No. 2000 -04 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK, Mayor Pro -Tom Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of interest). C. ADOPT ON SECOND READING ORDINANCE 1155 -- AMENDMENTS TO THE MUNICIPAL CODE RELATING TO COMMISSION QUALIFICATIONS Recommendation: Waive further reading, read by title only, and adopt on second reading, Ordinance No. 1155 entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE III, CHAPTER 32, OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO CITY COMMISSIONS ". D. AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL AT BALDWIN PARK BOULEVARD AND CLARK STREET, CIP 853 Recommendation: City Council award the contract to L-A. Signal, Inc., in the amount of $93,357 for the installation of a traffic signal at Baldwin Park Boulevard and Clark Street, CIP 853; authorize the Mayor to execute the Agreement; and, authorize the Interim Director of Public Works to execute any change orders necessary in an amount not to exceed five (5 %) percent of the original contract amount. E. RESOL TION APPROVING APPLICATION FOR LOCAL APPORTIONMENT FUNDS AS ESTABLISHED BY SB821-BICYCLE AND PEDESTRIAN FUNDS Recommendation: Waive further reading, read by title only, and adopt Resolution No. 2000 -03 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ADOPTION OF IT'S BICYCLE AND /OR PEDESTRIAN PLAN ". F. RESOLUTION APPROVING THE PROGRAM SUPPLEMENT AGREEMENT NO. 0194 AND THE ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 000321 Recommendation: Waive further reading, read by title only, and adopt Resolution No. 2000 -05 entitled, A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 0194 AND ADMINISTERING AGENCY- Agenda — January 19, 2000 Page 4 STATE AGREEMENT NO. 000321 FOR THE IMPROVEMENT OF VARIOUS CITY STREETS ". G. RESOLUTION DESIGNATING AUTHORITY TO CHIEF EXECUTIVE FFI R CEO TO DETERMINE WHETHER DISABILITY IS INDUSTRIAL AND CERTIFY TO PERS Recommendation: Waive further reading, read by title only, and adopt Resolution No. 2000 -06 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK, DELEGATING TO THE CHIEF EXECUTIVE OFFICER, THE AUTHORITY TO DETERMINE WHETHER DISABILITY IS INDUSTRIAL AND, THE AUTHORIZATION TO CERTIFY TO SAME TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM ". H. RESOLUTION AMENDING SALARY PLAN INTERIM COMMUNITY DEVELOPMENT DIRECTOR Recommendation: Waive further reading, read by title only, and adopt Resolution No. 2000 -07 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 99-77 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK (INTERIM COMMUNITY DEVELOPMENT DIRECTOR)-. 1. &W&RD OF CONTRACT FOR MN ULTANT SERVICES TO ASSIST THE CITY AND THE B DWIN PARK QNIFIED SCHOOL DISTRICT IN IDENTIFYING GRANT OPPORTUNITIES AND WRITING GRANT APPLICATIONS AS NEEDED (Belated item on study session Item 2A) Recommendation: City Council approve the contract with Shauna Clark in an amount of $500.00 per month, plus any additional grant writing fees, for the service of assisting the City and the Baldwin Park Unified School District in identifying grant opportunities and grant applications as needed, and, authorize the Mayor to execute the agreement. J. SUPPORT OF SB 244 AND AB219 — PROPOSED STATE LEGISLATION TO ENHANCE THE SURFACE MINING AND RECLAMATION ACT OF 1975 "SMARA" Recommendation: City Council direct staff to prepare letters of support for the subject legislation, based on the sample fetters provided by the City of Irwindale, for execution by the Mayor. 2. SET MATTERS - PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the mattercan be heard) Fin the future you wish to challenge the following in court. You may be limited to raising only those Issues you or someone else raised at the public hearing described in this notice or In written correspondence Mivered to the City Council at, or prior to the public hearing. A. JOINT PUBLIC HEARING ON THE DISPOSITION AND DEVELOPMENT AGREEMENT AND GROUND LEASE FOR A PROPOSED SENIOR PROJECT WITH BALDWIN PARK SENIOR APARTMENTS L.P. A LIMITED PARTNERSHIP THAT INCLUDES KAUFMAN AND BROAD MULTI HOUSING GROUP INC. "DEVELOPER" (continuedfrom December 1, 1999) Recommendation: Conduct public hearing and waive further reading and adopt Resolution No. 99 -94 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND KAUFMAN AND BROAD MULTIHOUSING GROUP, INC., PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED WITHIN THE CENTRAL- BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND MAKING FINDINGS THERFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433." Agenda — January 19, 2000 Page 5 3. REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES A. STATUS REPORT — FREEWAY ORRIDOR/ NTERCHANGE (Carry over item from November 17, 1999) Recommendation: Receive and file status report and give direction to staff regarding the in- house Freeway Task Force and/or any additional direction as deemed appropriate. B. ORDINANCE NO. 1156 -- AMENDMENTS TO THE MUNICIPAL CODE RELATING TO TEMPORARY USE PERMITS — OUTDOOR DISPLAYS Recommendation: Waive further reading, read by title only, and introduce for first reading, Ordinance No. 1156 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE 11, CHAPTER 119, OF THE BALDWIN PARK MUNICIPAL. CODE RELATING TO TEMPORARY USE PERMITS ". C. COMMISSION QUALIFICATIONS RELATING TO HOLDING OF PUBLIC OFFICE Recommendation: City Council take whatever action deemed appropriate and /or consistent with its action related to the adoption of Ordinance No. 1155. 4. COUNCILJSTAIFF REQUESTS AND COMMUNICATIONS A. Mayor Manuel Lozano -- PROPOSED COUNTY HOSPITAL FACILITY IN THE CITY OF BALDWIN PARK 5. CLOSED SESSION G. ADJOURN 1. CONSENT CALENDAR All items listed are considered to be routine business by the Agency and will be approved with one motion_ There will be no separate discussion of these items unless an Agency Member so requests, in which event, the item will be removed from the General Order of Business and considered in its normal sequence on the Agenda. • Approval of Certificate of Posting JANUARY 19, 2900 A. WARRANT REGISTER %0.499 Recommendation: Approve warrant Register No. 499 B. CONCEPTUAL APPROVAL OF A PROPOSED KIDNEY DIALYSIS FACILITY „WITHIN WTHE INDUSTRIAL (1) ZONE; LOCATION: 3932 DOWNING STREET, APPLICANT. DR. SHAW Recommendation: Agency conceptually approve the proposed 5,000 square foot kidney dialysis facility. C. CONCEPTUAL APPROVAL OF A MULTI FAMILY DEVELOPMENT 4 -UNIT TWO DUPLEX UNITS WITHIN SIERRA VISTA REDEVELOPMENT PROJECT AREA — LOCATIO ; 4213 DOWNING STREET APPLICANT. Z SUN ASSOCIATES INC Recommendation: Agency conceptually approve the proposed 4 unit (2 duplexes) multi- family residential development located at 4213 Downing Avenue. Agenda — January 19, 2000 Page 6 D. CONCEPTUAL APPROVAL OF A ROOF MOUNTED ANTENNA FOR USE AS A WIRELESS INTERNET PROVIDER WITHIN THE DELTA REDEVELOPMENT PROJECT AREA — LOCATION: 428 CLOVERLEAF DRIVE APPLICANT: GUS COMMUNICATIONS Recommendation: Agency conceptually approve the proposed 40' high communications tower located at 428 Cloverleaf Drive. E. CHANGE ORDER #1 FROM ENVIROMENTAL. CONTROL SYSTEMS INC. FOR ASBESTOS REMOVAL IN THE 24 -ACRE SITE JEROJECT NUMBER 99 -1 Recommendation: Agency approve the Change Order #fit from Environmental Control Systems, Inc_ in the amount of $38,150 for the removal of asbestos containing materials from the thirteen (13) properties conceming the Demolition of Improvements in the Siena Vista Redevelopment Project Area (Project Number 99 -1). F. APPROVAL OF MINUTES — DECEMBER 1 1999 Recommendation: Approve. 2. SET MATTERS - PUBLIC HEARINGS (7.00 pm. ores soon therea#oras the mettercan be heard) If in the future you wish to challenge the following in court. You may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at, or prior to the public hearing. A. ,JOINT PUBLIC HEARING ON THE DISPOSITION AND DEVELOPMENT AGREEMENT AND GROUND LEASE FORA PROPOSED SENIOR PROJECT WITH BALDWIN PARK SENIOR APARTMENTS L.P. A LIMITED PARTNERSHIP THAT INC ES KAUFMAN AND BROAD MULTI HOUSING GROUP IN "DEVELOPER" (Continued from December t, 1999) Recommendation: Conduct public hearing and waive further reading and adopt Resolution No. 99 -94 entitled, NA RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND KAUFMAN AND BROAD MULTIHOUSING GROUP., INC., PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND MAKING FINDINGS THERFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433." 3. REPORTS OF OFFICERS COMMISSIONS AND COMMITTEES A. CONCEPTUAL REVIEW BY THE REDEVELOPMENT AGENCY FOR A PROPOSED WATER MENDING MACHINE LOCATED IN THE PARKING LOT OF TACO READY RESTAURANT; LOCATION: 13621 FRACIS UITO AVENUE; APPLICANT: JOE GARRETT REPRESENTING WATERMILL EXPRESS (continued from December 1, 1999) Recommendation: Redevelopment Agency conceptually approve the water vending machine proposed to be located at 13621 Francisquito Avenue. 4. AGENCY/STAFF REQUESTS AND COMMUNICATIONS 5. CLOSED SESSION 6. ADJOURN Agenda — January 19, 2000 Page 7 HOUSING & FINANCING AUTHORIW 1. CONSENT CALENDAR All Items fisted are considered to be routine business by the Agency and will be approved with one motion. There will be no separate discussion of these items unless an Agency Member so requests, in which event, the item will be removed from the General Carder of Business and considered in its normal sequence on the Agenda. • Approval of Certificate of Pasting — JANUARY 19, 2000 A. APPROVAL OF MINUTES — December 15 1999 Recommendation: Approve B. SECTION S MANAGEMENT ASSESSMENT PROGRAM LS MAP) Recommendation: Approve the SEMAP Certification and authorize its execution by the Chairman of the Housing Authority Board and the Interim Executive Director of the Housing Authority. 2. REPORTS OF OFFICERS 3. CLOSED SESSION 4. AGENCWSOARDISTAFF REQUESTS AND COMMUNICATIONS 5. ADJOURN CERTIFICATE OF POSTING 1, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, certify under penalty of perjury under the laws of the State of Califomia, that the foregoing agen w posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated da of January, 2000. Deputy City Clerk COPIES OF STAFF REPORTS AND SUPPORTING DOCUMENTATION PERTAINING TO EACH ITEM ON THIS AGENDA IS AVAILABLE FOR PUBLIC INSPECTION AT CITY HALL. AND THE LIBRARY FOR FURTHER INFORMATION REGARDING AGENDA ITEMS, CONTACT THI CITY CLERK'S OFFICE AT (626) 813 -5213 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management, (626) 960 -4011. Notification 48 hours prior to the meeting w#1 enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102.104 ADA TWO II). COUNCIL. CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 CITY COUNCIL AGENDA JAN 1 9 2000 ITEM N0.1�...Q -- DECEMBER 1, 1999 WEDNESDAY 7:00 P.M. The CITY COUNCIL of the City of Baldwin Park met in REGULAR session at the above time and place. ROLL CALL: Present. Council Members Ricardo Pacheco, Linda Gair, Marlen Garcia, Mayor Pro -Tem William "Bill" Van Cleave, and Mayor Manuel Lozano. Also Present: Richard Adams, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard LeGarra, Chief of Police; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro, City Treasurer; Kathryn Tizcareno, City Clerk; and Rosemary Ramirez, Deputy City Clerk. PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS AWARD OF MERIT — OFFICER HEMMINGWAY Mayor Lozano was joined by the Council, in presenting an Award of Merit to Officer Michael Hemmingway for his attention to duty that lead to the arrest of suspects who were involved in a take -over robbery at Denny's Restaurant. NEWLY APPOINTED POLICE OFFICER INTRODUCTIONS Certificates of Commendation were also issued back -up Officers Shawn Blackburn, Michael Fajardo, Doug Parnell, Gregory Coley, Sylvia Keef, Francisco Reynoso, and Lilliana Rubio. Mayor Lozano and the City Council expressed their appreciation to all of the officers for their outstanding service to the department and to the residents of the City of Baldwin Park, Chief LeGarra read a brief biography on newly appointed Police Officers Donna Crow and David Campa and presented them for introduction to the City Council. Officer Crow was raised in Covina and is a Covina High School graduate. Officer Campa is a resident of the City of Baldwin Park and a Sierra Vista High School graduate. Mayor Lozano welcomed both of the Officers to the City of Baldwin Park and expressed his support of them in their newly appointed positions. He commended Officer Crow stating that her perseverance to follow through with the aspirations of becoming a Police Officer should be an inspiration to all women. He commended Officer Campa, noting that as a resident of the City of Baldwin Park, he too, is an inspiration and a role model for our youth in the community. The family members of both officers were present and acknowledged by the Mayor and City Council. City Council Minutes — December 1, 1999 CERTIFICATES OF ACHIEVEMENT — OUTGOING EXPLORER PARTICIPANTS Page 2 Mayor Lozano was joined by the Council in presenting Certificates of Achievement to out -going explorer participants Oscar Gomez, Carlos Fernandez and Todd McAvoy. These individuals are being recognized for their dedicated service to the Baldwin Park Police Department and for their efforts and favorable recognition to the entire community. PUBLIC COMMUNICATIONS RESIDENT CONCERNS/REGARDING PROPOSED BUSINESS; ORTEL CO. TRAFFIC CONCERN ON LOS ANGELES STREET Roberto Chevez, 4757 Walnut St., expressed concern about Ortel Company, a business that will take occupancy of the vacated Washington Mutual building on Rivergrade Road. The City of Irwindale Planning Commission granted a permit to Ortel to locate to the site. This company is proposing to store toxic material on the premises. There are two school located less than 1,000 feet from the location. Notices of Irwindale Planning Commission's Public Hearing were not mailed to the school or to surrounding residents. Mr. Chevez asked the City Council for assistance and for their support in opposition to this project. _ Alfred Macis, 4757 Walnut, is also concerned about Ortel Company's move to Rivergrade Road in Irwindale. There are two schools within 1,000 feet. It is projected that with the amount of hazardous materials proposed to be stored on the premises, the local Fire Departments would not be able to handle an emergency situation of it's magnitude. Sergio Corona, resident, is concerned with the decision Irwindale has made regarding the Ortel project. Mr. Corona stated the Irwindale has not taken into consideration, the long -term effects that this will cause Baldwin Park residents. He is opposed to Ortel's move on Rivergrade Road. He asked for City Council support to oppose this project. Mayor Lozano stated that he just became aware of this issue. He will follow -up on this matter and will keep Mr. Chevez, as well as the community, updated on this matter. Councilman Pacheco stated that he too, would be look into this matter further. Elena Montenegro, 4521 Park Ave., is concerned with the speed limit on Los Angeles Street and Phelan. There is a crosswalk located there and people are driving over 60 mph. City Council Minutes — December 1, 1999 CONCERNS REAGARDING CRA RELOCATION — GARVEY AVE TENANTS Page 3 William Saltzman, 14325 E. Garvey Avenue, stated that he has been a resident of Baldwin Park for 26 years and an owner of two businesses located at 14333 E. Garvey. The Baldwin Park Redevelopment Agency has offered economic incentives to his tenants. Four families have been relocated within the last two months. These actions were taken without Mr. Saltzman's approval. Mr. Saltzman stated that since October 1, 1999, he has meet with Agency Council Garcia, however, there has been no progress made to resolve this matter. Mayor Lozano reassured Mr. Saltzman that the City is aware of this matter and thanked Mr. Saltzman for his patience and understanding. Mayor Lozano referred this matter to Interim Chief Executive Officer Keller and Attorney Alvarez- Glasman, for their review, handling and follow up with Mr. Saltzman. CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows: Councilwoman Garcia asked that the following item be pulled for discussion: 1) Item 1 -A, APPROVAL OF MINUTES. Mayor Pro -Tern Van Cleave asked that the following item be pulled for discussion: 1) Item 1 -E, APPROVAL OF PLANS AND SPECIFICATIONS, CIP 853. CERTIFICATE OF POSTING Certificate of Posting for December 1, 1999, was approved. CLAIMS AND DEMANDS Further reading was waived and Resolution No. 99 -92 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK ", was adopted. Mayor Pro -Tern Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of interest). CLAIM REJECTION City Council rejected the claim of Theresa Yrigoyen THERESA YRIGOYEN (99 002A) and directed staff to send appropriate notice of rejection to the claimant. City Council Minutes -- December 1, 1999 CONSTRUCTION OF 1999/2000 CDBG FUNDED SIDEWALK PROJECT, CIP 863 RESOLUTION 99 -93 IN SUPPORT OF HR910 — SAN GABRIEL BASIN WATER QUALITY INITIATIVE BUDGET AMENDMENT MADE TO FUND FOR POLICE DEPARTMENT MOBILE DATA TERMINALS (SPILLMAN TECHNOLOGIES) CONSENT CALENDAR APPROVED APPROVAL OF MINUTES APPROVAL OF PLANS AND SPECIFICATIONS, AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE INSTALLATION OF A NEW TRAFFIC SIGNAL AT CLARK STREET AND BALDWIN PARK BOULEVARD, CIP 853 Page 4 City Council approved the design and authorized staff to advertise and solicit bids for the construction of 1999/2000 CDBG funded Sidewalk Project, CIP 863. Further reading was waived and Resolution No. 99 -93 entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS SUPPORT OF THE SAN GABRIEL BASIN DRINKING WATER INITIATIVE, HR910 ", was adopted. Council authorized the Finance Director to make the appropriate amendment to Fund 137 line item 137.28.5745 in the amount of $80,677 and offset revenue line 137.00.1000 in the same amount. A motion was made to approve the consent calendar as presented. MOTION: Councilman Ricardo Pacheco SECOND: Councilwoman Linda Gair Motion carried. Councilwoman Garcia, stated that because she was not a Council member during the time for which the minutes are presented, she would abstain from approving the minutes. City Attorney Alvarez- Glasman informed the City Council that the minutes of October 20th are not included with their agendas and should not be voted on for approval. A motion was made to approve the minutes of September 11, September 15, September 29, October 6, October 27, November 3 and November 17, 1999 as presented. MOTION: Councilman Ricardo Pacheco SECOND: Mayor Pro -Tern Van Cleave ABSTAIN: Councilwoman Garcia Motion carried. Mayor Pro -Tem Van Cleave asked if the wiring of the conduits, water lines, gasoline lines, curbs, gutters and sewer lines are being considered before street resurfacing begins. He is concerned with the probability of having to go back and make cutouts on the newly resurfaced streets. Arjan Idnani, Engineering Supervisor stated that the reason they resurfaced the street is because the contract had already been awarded. All future projects will be wired during construction. City Council Minutes — December 1, 1999 Page 5 A motion was made to approve the plans and specifications for the installation of a new traffic signal at the intersection of Clark Street and Baldwin Park Boulevard and authorize staff to advertise and solicit bids for this project. MOTION: Councilman Pacheco SECOND: Councilwoman Gair Motion carried. PUBLIC HEARINGS INTERIM URGENCY ORDINANCE NO. 1151 Acting Principal Planner Amy Harbin presented the REGARDING ACCUPRESSURE report as follows: SPAWASSAGE PARLOR MORATORIUM On October 20, 1999, the Council approved Urgency Ordinance 1150 that placed a moratorium on the approval of permits and /or licenses for the establishment and /or expansion of accpressure or other similar related enterprises or businesses or uses in the city. Staff is recommending that the City Council conduct the Public Hearing and adopt an Ordinance extending the Moratorium established by Ordinance No. 1150. Mayor Lozano declared the Public Hearing OPEN for public participation. There was no one wishing to speak therefore, Mayor Lozano declared Public Hearing CLOSED. In response to Councilwoman Gair's inquiry, City Attorney Alvarez - Glasman stated that if Council votes to extend the moratorium for a greater length of time, the moratorium can be ended sooner if needed. Councilwoman Gair recommended changing the Ordinance to allow a moratorium time of 22 months, 15 days. A motion was made to amend the Ordinance by extending the time of the moratorium time to 22 months, 15 days, read by title only, waive further reading thereof, and adopt Urgency Ordinance 1151 entitled " AN ORDINANCE OF THE CITY OF BALDWIN PARK EXTENDING THE MORTAORIUM ESTABLISHED BY ORDINANCE NO. 1150 ON THE APPROVAL OF PERMITS AND /OR LICENSES FOR THE ESTABLISHMENT AND /OR EXPANSION OF ACUPRESSURE OR OTHER SIMILAR RELATED ENTERPRISES OR BUSINESSES OR USES IN THE CITY ". MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. City Council Minutes — December 1, 1999 URGENCY ORDINANCE NO. 1152 REGARDING THE SOLICATION OF BUSINESS, EMPLOYMENT AND CONTRIBUTIONS WITHIN THE PUBLIC RIGHT OF WAY AND COMMERCIAL PARKING AREAS — DAY LABORER Acting Principal Planner Amy Harbin presented the report as follows: As the Council is probably aware, hardware super stores such as Home Depot, incur problems with individuals soliciting employment (more commonly referred to as day laborers) and contractors within their parking areas and public right of ways. This type of solicitation activity within the public right -of -way and in commercial parking areas constitutes a threat to the public health safety and welfare of the community in that the activity could result in traffic congestion, automobile accidents, loitering and obstruction of the public right of way. Since the city's current Municipal Code does not have adequate safeguards to protect the public from this type of activity, it is staff's opinion that an urgency measure is necessary whereby imposing a moratorium on these types of activities. Mayor Lozano declared the Public Hearing OPEN for public participation. Tom McCarty stated that in less than two weeks, Horne Depot will be open for business. In an effort to avoid any problems, Home Depot has been working closely with staff to insure that all particulars are in place. This Home Depot will be the 75th Store to open in Southern California. Each City has adopted an Ordinance such as the one proposed this evening. There was no one else wishing to speak therefore, Mayor Lozano declared public hearing CLOSED. Noting that there are two separate Ordinances on this issue, one Urgency, the other regular, Councilwoman Gair asked if the two ordinances are needed or could Council just adopt one Urgency Ordinance and make it effective immediately. City Attorney Alvarez - Glasman stated that in this particular situation it would be best to do them both individually. A motion was made to waive further reading, read by title only, and adopt Urgency Ordinance No. 1152 entitled, " AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 97 (STREETS, SIDEWALKS AND PUBLIC PLACES) BY ADDING SECTIONS 97.135 THROUGH 97.138 TO THE MUNICIPAL CODE, RELATING TO THE SOLICITATION OF City Council Minutes — December 1, 1999 ORDINANCE NO. 1153 RELATING TO THE SOLICITATION OF BUSINESS, EMPLOYMENT AND CONTRIBUTIONS WITHIN PUBLIC RIGHT OF WAY AND COMMERCIAL PARKING AREAS Page 7 EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS WITHIN THE PUBLIC RIGHT -OF WAY AND COMMERCIAL PARKING AREAS ". MOTION: Councilwoman Gair SECOND: Mayor Pro -Tem Van Cleave Motion carried. Acting Principal Planner Amy Harbin presented the report as follows: As stated in the prior report, staff is of the opinion that an ordinance prohibiting the solicitation of business, employment and contributions within the public right of way and in commercial parking areas is necessary. The current Municipal Code does not have adequate safeguards to protect the public from this type of activity. The urgency measure which was heard earlier will protect the City, its residents, and visitors in the interim while staff proceeds with the formal adoption procedure of a Municipal Code Amendment. Ms. Harbin also stated that as proactive measures prior to Home Depot grand opening, signs will be posted throughout the property prohibiting the solicitation activity and flyers will be handed out to contractors attending the grand opening. Home Depot is also proposing to refer any individuals seeking employment or contractors seeking workers to the `One -Stop Worker Center', a non- profit organization in El Monte dedicated to assisting and matching individuals seeking employment with contractors. Mayor Lozano declared the Public Hearing OPEN for public participation. There was no one wishing to speak thereof, Mayor Lozano declared the Public Hearing CLOSED. A motion was made to read by title only, waive further reading thereof, and introduce for first reading, Ordinance No. 1153 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 9, CHAPTER 97 (STREETS, SIDEWALKS AND PUBLIC PLACES) BY ADDING SECTIONS 97.135 THROUGH 97.138 TO THE MUNICIPAL CODE, RELATING TO THE SOLICITATION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS WITHIN THE PUBLIC RIGHT -OF- WAY AND COMMERCIAL PARKING AREAS ". MOTION: Councilwoman Gair SECOND: Mayor Pro-Tem Van Cleave Motion carried. City Council Minutes — December 1, 1999 Page 8 JOINT PUBLIC HEARING ON THE At this time, the Mayor opened the Community DISPOSITION AND DEVELOPMENT Redevelopment Agency meeting for the purpose of AGREEMENT AND GROUND LEASE conducting the Joint Public Hearing with the City FOR A PROPOSED SENIOR PROJECT Council. WITH BALDWIN PARK SENIOR APARTMENTS, LP., A LIMITED Rick Forintos Interim CRA Director, stated that this PARTNERSHIP THAT INCLUDES Public Hearing is continued from November 17, 1999, KAUFMAN AND BROAD MULTI HOUSING Mr. Forintos distributed copies of additional information GROUP, INC (DEVELOPER) related to this matter, to the City Council and the City Clerk. Mr. Forintos asked that the City Council /Agency approve the Disposition and Development Agreement, Lease Agreement, and the In -Lieu Payment Agreement. Mayor Pro -tem Van Cleave questioned as to why the City Council is just now being advised that the proposed project is partially on private property when in fact, six months ago, Laurie Kern brought this issue up to staff's attention. Mr. Forintos stated that took over the handling of this project after the Community Development Director left. Based on existing data, it appears as if those parking spaces are on private property. Mayor Lozano stated that this public hearing was continued from November 17, 1999 and declared it OPEN for public participation. Alexis Gevorgian stated that in the original survey, Kaufman & Broad was aware of the fact that the proposed project was on private property. Kaufman & Broad have agreed to improve the property. Councilwoman Gair stated that if the property were private, Kaufman & Broad would have to acquire the owner's permission in order to improve the property. What happens if in the event, the owners do not grant permission? Alexis Gevorgian responded to Councilwoman Gair's question stating that since Kaufman & Broad would be paying for the improvements, he did not foresee any problems with acquiring owner's permission. City Attorney Alvarez- Glasman stated the City's only participation, with respect to this issue, would be to deed the property that is city owned. Councilwoman Gair asked Mr. Gevorgian if whether or not, Kaufman & Broad kept their promise to contact City Council Minutes — December 1, 1999 Page 9 each business in an effort to get their input on this development. Mr. Gevorgian stated Kaufman & Broad did in fact personally contact the businesses and informed the businesses that representatives of Kaufman & Broad were available to answer any questions and/or address the concerns of the business owners. Mr. Gevorgian reminded the City Council that the item for consideration and approval this evening was the same agreement that was passed in July, which was the Owner Participation Agreement. That agreement was approved because the developer wanted to apply for their tax credits. The original intent was to pass a Development Disposition Agreement. The only difference is that they added an in lieu fee that Councilwoman Gair had previously requested. The city would be receiving the in -lieu fee for the next 57 years and it will increase 2% a year. Every other issue in the agreement is the same as what has already been approved under the Owner Participation Agreement. All that the City Council is doing this evening is converting the Owner Participation Agreement to a Disposition and Development Agreement. Any other issues not related to the Disposition Development Agreement can be discussed and conditioned during the Planning and Design and Review process. Laurie Kern, business owner, stated that she has two properties involved in this development. One property will benefit the other one will lose. Ms. Kern feels that we need more businesses that will bring in additional taxes to the City. The proposed property is zoned commercial property; we need for businesses. Ms. Kern also expressed concern that if this project passes, will that terminate the C-1 zoning for her property? She also stated that there already exists, a severe traffic and parking problem. There is not enough parking for the businesses, employees or customers. Ms. Kern stated that if this project passes, she would like a deed for the ingress and egress, so as to not shut off Sterling Way. Dr. Louis Ariaza stated that the developer never contacted his business. Mr. Ariaza's main concern with this development is the traffic and parking. This project is going to create a lot of additional problems. Mr. Ariaza would like to know how they are going to facilitate the parking for the businesses. Dr. Kirk Gair also stated that he is concerned with the parking. Mr. Gair also stated that no one contacted him City Council Minutes — December 1, 1999 Page 10 either. He is also curious to know if they went out to Other businesses. Mr. Gevorgian acknowledged the parking issues stating that this is the reason Kaufman & Broad decided to develop senior housing, which will require less parking. Utilizing this site as a commercial use will create a greater parking problem. In response to contacting the business, Mr. Gevorgian stated that they left cards for those businesses that were not available in addition, the city published notices three times. This is the fourth hearing. Mr. Gevorgian reminded the City Council that discussions on design this evening are premature, but when that time comes, Kaufman & Broad will be meeting with the business owners. Dan Trunco, resident, asked council how many senior citizen buildings are they going to build in Baldwin Park. The City does not need that many buildings. Roy Tess, resident, asked the council to visit the proposed site between 3 -4 p.m. and try to find parking. Another point that deserves serious consideration is that a 56 -unit building is too much. The Senior Citizen's Center and senior programs are overcrowded now, and is concerned that by building additional senior housing, the needs of the seniors would not be met. Mr. Tess stated that more is not always better. Ana Montenegro stated that she had an aunt that lived at the Telacu Apartments and stated that two bedroom apartments created many problems. Ms. Montenegro hopes that the City Council reconsider building two bedroom apartments. Andrew Steiner 4027 N. Maine, stated that he liked the plan however, on the corner of his building on Ramona and Maine, the sidewalk used to be 11 feet, They took out 8 feet and now there is only 3 feet left. There is no room for the seniors to walk on. Mr. Steiner asked the City Council to please look into that matter. People really have no other access to Ramona except on the side of his building. Mr. Gevorgian stated that Kaufman & Broad is completely open to building one - bedroom apartments if that is what the City Council requests. He again reminded the City Council that what is being heard tonight has nothing to do with design. The specific plan has already been approved. City Council Minutes -- December 1, 1999 Page 11 There was no one else wishing to speak therefore, Mayor Lozano declared Public Hearing CLOSED. Councilman Pacheco requested that staff and developers bring back statistics that indicate the city's needs to build senior housing. Regarding the traffic and parking issues, Mr. Gevorgian replied that at the last hearing, a third party consultant prepared an independent study on parking and traffic flows, as it compares to commercial uses. The study indicated that the number of stalls that the developer is proposing, is adequate. In response to the senior housing needs, Mr. Gevorgian stated that they have conducted studies all around this region and there does exist a need for senior housing. He stated that a building of this size would probably have a 500- person waiting list. Councilman Pacheco would like to see the statistics as they relate to the City of Baldwin Park's needs. Mayor Pro -Tem Van Cleave stated that he is very concerned with this project. He has had various phone calls from businesses saying that they have not been contacted by the developer. He is also concerned that the plan calls for two bedrooms rather than one - bedroom apartments and, with the issue of meeting senior citizen's needs as they relate to overcrowding issues. Additionally, the land information was just received this evening. There is no way we can be expected to make a decision on something that has not been received in time to review. l am disappointed in how this has been handled. Councilwoman Gair apologized for not being able to look more into this project. She expressed concern that there was no mailing made to business owners about the project. Whether there was a legal regiment or not, the Mayor made it very clear that he wanted the businesses to be involved. Councilwoman Gair stated that she voted on the Owner Participation Agreement at the last meeting simply to allow the developers to submit their application for non- profit status. Baldwin Park has reached a limit on non- profit status. The latest report on the Downtown Central Business has gone down S% due to resident and commercial exemption. City Council Minutes — December 1, 1999 Page 12 Councilwoman Gair also commented on the parking issues, stating that there is no way to resolve this issue for businesses - and they come first. Councilwoman Gair also stated that she does not think that there are that many Senior Citizens in the City of Baldwin Park with housing needs. Councilwoman Gair stated that it does not make sense for the City to spend $375,000.00, $275,000.00 of Housing set aside funds. And to turn around and sell a piece of property worth $375,000.00 of taxpayers money for one dollar a year for 57 years does not sound good. If we could get a project that was worth 5.5 million dollars we could get the property taxes that are worth $400,000.00 a year off of sales tax. Mr. Broad is going to make $283,000.00 a year and the city makes $1.00. Councilwoman Gair stated that there is too much to think about and this is something that she could not vote on. Mayor Lozano directed this matter to staff and Interim Chief Executive Officer Keller for further study and follow up. He also encouraged developers to meet with the businesses. Mayor Pro -Tem Van Cleave would like all the businesses to be re- noticed of the meeting. A motion was made to continue this matter to January 19, 2000. MOTION: Councilwoman Gair SECOND: Mayor Pro -Tem Van Cleave Motion carried. REPORTS OF OFFICERS COMMISSIONS AND COMMITTEES TRANSPORTATION SERVICES Kara Bouton, Transit Coordinator presented the report FIVE -YEAR PLAN as follows: This is a 5 -year plan for the expenditure of Prop A Funds. The purpose of this report is to identify the future transportation services needs of the residents of Baldwin Park and devise a funding plan for these needs. As was reported in the Baldwin Park Transit Annual Report, the transit services, especially the fixed - route shuttles, are becoming overcrowded and residents are requesting more service. However, the city has already committed our entire Proposition A Funds to other projects. The five -year plan is designed to analyze the entire Prop A expenditures and term a course for the provision of services over the next years. During Fiscal Year 1999 -00, the City of Baldwin Park City Council Minutes — December 1, 1999 Page 13 has a total budget of $1,178,000.00 for Proposition A expenditures but is only receiving $1,022,000.00 in Proposition A revenues. This year's shortfall is being covered by Proposition A reserve funds however, our reserves are not unlimited and we will soon be in the position of spending beyond our means. The plan, as fully described in Memorandum dated December 1, 1999, outlines the anticipated needs through Fiscal Year 2004 and compares these needs to the expected revenues. These recommendations still result in a shortfall over the course of the next five -years therefore, the Council is asked for direction on either making cuts to some of the services or making adjustments to the way the services are funded. This item was previously before the Council on November 3, 1999 but was held over for this meeting. The impacts of the five -year plan will be absorbed in future fiscal years. The City Council is recommended to review and comment on the plan presented by staff. If they are able, they should accept the service recommendations of the plan and direct staff as to how they wish to fund these programs. Mayor Pro -Tem Van Cleave suggested that the dial -a- ride program be eliminated and use taxicab services exclusively. Kara Bouton, Transit Coordinator, replied that in the annual report it was costing $15.00 a passenger for the dial -a -ride. It's costing approximately $6.50 a passenger for the taxicab. Ms. Bouton stated that the advantages of using dial -a -ride for seniors are that they feel more confident and safe. Ms. Bouton also stated that it is fair to the passengers to be informed of a smoother transition. There is more demand in Park & Ride, the overflow started when Covina started charging for parking. Councilwoman Garcia asked if the increase in gasoline prices affected this plan. Kara Bouton stated that the increase in gas prices does not effect us because we are contracted into a plan that charges us $32.00 per hour. It affects transit contractors but it does not effect us. Ms. Bouton confirmed Councilwoman Gair's comment that using Prop C Funds would impact Public Works. City Council Minutes — December 1, 1999 SAN GABRIELL TRANSIT CONTRACT OR THE OPERATION OF TRANSIT SERVICES APPROVAL OF AGREEMENT WITH COUNTY OF LOS ANGELES FOR THE RENOVATION OF SITYRE PARK Page 14- Councilwoman Gair asked if we would be close to meeting any kind of deficit so that you don't have to use proposition C? Using Prop C funds should be our last resort. Perhaps seeking grant funds could be an alternative as well. Ms. Bouton replied that raising the fares for one year would be okay however, after that, it would be about half. Councilwoman Gair suggested looking at another fare increase in the future, if the economy was good. Kara Bouton stated that there is currently $100,000.00 in Prop C Funds available for transit. Councilman Pacheco stated that transportation helps the city and he thinks that we should charge for parking at the Metrolink station. Mr. Van Cleave commended Ms. Bouton for doing a fantastic job with the transit program. A motion was made to continue this matter to a later date. MOTION: Councilwoman Gair SECOND: Councilwoman Garcia Motion carded. A motion was made to continue this matter to a later date. MOTION: Councilwoman Gair SECOND: Councilwoman Garcia Motion carried. Ralph Nunez presented the report as follows: City Council approval of an agreement with the Los Angeles County is requested in order to complete the renovation of Shyre Park. Under the proposed Agreement, the County would agree to provide a grant in the amount of $400,000 to design and construct a public park with a youth baseball field and snack bar. The City would maintain the park. During the months of March through July of each year, Bassett Little League would have priority use of the baseball facility. During the balance of the year, the City would equitably schedule activities at the facility and the County would have approval authority of the scheduled programming of the unincorporated area of the Los Angeles County and the City's residents. The park is currently being used exclusively by Bassett Little League. The Agreement would be renewable year to City Council Minutes — December 1, 1999 Page 15 year for fifty (50) years, unless terminated by the County. In addition, the City would agree to participate in the development of the San Gabriel Valley River Master Plan, in conjunction with the County Public Works Department. The City would agree to appl7y for funding for improvements to the flood control channel adjacent to the ballpark to create regional park trails. A motion was made to approve the Grant Agreement for Local Park Improvements (Shyre Park) between the County of Los Angeles and the City of Baldwin Park. MOTION: Councilwoman Gair SECOND: Councilwoman Garcia Motion carried. COUNCIL /STAFF REQUESTS AND COMMUNICATIONS TREE LIGHTING CEREMONY SANTA CLOTHES PROGRAM ADJOURN Director Nunez reminded the City Council that Thursday, December 2, 1999 was the tree lighting ceremony at the Park. Mr. Nunez was pleased to announce that the Santa Clothes Program raised over $6,000 and thanked all that participated. There being no further matters to be discussed, the meeting was adjourned at 9:30 p.m. Approved as presented by the City Council at their meeting held January 19, 2000. Rosemary M. Ramirez Deputy City Clerk COUNCIL CHAMBER DECEMBER 1, 1999 14403 E. PACIFIC AVENUE WEDNESDAY BALDWIN PARK, CA 91706 6:00 P.M. The CITY COUNCIL and the COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in STUDY SESSION at the above time and place. ROLL CALL Present: Council Members Ricardo Pacheco, Linda Gair, Marten Garcia, Mayor Pro -Tem William "Bill" Van Cleave, and Mayor Manuel Lozano, Also Present: Richard Adams, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard A. LeGarra, Chief of Police; Ralph Nunez, Director of Recreation and Community Services; and Rosemary M. Ramirez, Deputy City Clerk. CLOSED SESSION Employee SEIU; Professional and Technical; Organizations: Police Management Employees; Confidential Employees; and General Management Employees ACTION: City Council received briefing from staff. No final action taken. Nothing further to report. The City Council/Redevelopment Agency recessed to a Closed Session at 6 :07 p.m. and reconvened at 6:57 p.m., with all members present. City Attorney Adams reported the action as follows: PUBLIC EMPLOYEE PERFORMANCE Title: Finance Director EVALUATION — GC §54957 ACTION: City Council was advised that Finance Director Jim Hathaway had submitted his resignation. The City Council unanimously voted to terminate the existing Employment Agreement with Interim Public Works Director Hathaway and accepted Mr. Hathaway's resignation. CONFERENCE WITH LABOR Agency Dayle Keller, Interim CEO NEGOTIATORS — GC §54957.6 Negotiator: Employee SEIU; Professional and Technical; Organizations: Police Management Employees; Confidential Employees; and General Management Employees ACTION: City Council received briefing from staff. No final action taken. Nothing further to report. Study Session Minutes — December 1, 1999 CONFERENCE WITH REAL PROPERTY NEGOTIATOR — GC §54956.8 ADJOURN Page 2 Property: 21.5 Acre Site bounded by Big Dalton (west), Merced Avenue on the north, Puente Avenue on the East, Garvey Avenue and the San Bernardino (1 -10) Freeway south Negotiating Agency Negotiation with Staubach/ Parties: Cypress Agency Dayle Keller and Arnold Alvarez - Negotiators: Glasman Under Terms and Conditions of Disposition Negotiation: and Development Agreement ACTION: City Council received briefing from staff. No final action taken. Nothing further to report. There being no further matters before the Council /Agency, the meeting was adjourned at 6:59 p.m. Rosemary M. Ramirez Deputy City Clerk Dayle Keller, Agency Secretary CITY COUNCIL AGENDA RESOLUTION NO. 2000 -04 JAN 1 9 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARKALLOWING CLAIMS AND ITEM NO. DEMANDS AGAINST THE CITY OF BALDWIN PARK THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to Section 37208 of the Government Code, the Chief Executive Officer or designee does hereby certify to the accuracy of the demands hereinafter referred to and to the availability of funds for payment thereof. DAYLE KELLER, INTERIM CHIEF EXECUTIVE: OFFICER SECTION 2. That the payroll of the City of Baldwin Park consisting of check numbers 101979 to 102290, inclusive, voids: 101978, far the period of December 12, 1999 through December 25, 1999 inclusive, has been presented and hereby ratified, in the amount of $383,675.61. SECTION 3. That General Warrants, including check numbers 114686 to 114808 inclusive, in the total amount of $775,965.43 constituting claims and demands against the City of Baldwin Park, have been presented to the City Council as required by law, and the same hereby ratified. APPROVED AND ADOPTED January 19th, 2000. MANUEL LOZANO, MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss: CITY OF BALDWIN PARK ) 1, City Clerk/Deputy of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on January 19th, 2000, by the following vote: AYES: COUNCILMEMBERS: NOES :. COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CITY CLERK/DEPUTY Jan 12, 2000 11725am Page 1 Check History. Hank AP Check Dates DD /o0 /o0 to 99/99/99 Check #'s 114686 to 114808 --------------------------------------------- .-------- .----------------------------------------------------------- .. ------------------- Vend# Vender Name Bank Check# Chk Date Check Amount Sep 10B CITY OP B.P. PAYROLL AP 114686 12/29/99 306,080.28 Claim# General Description 26363 PAYROLL DEPOSIT #26 P /E: 12/25/99 PO# Stat Contract# invoice# I= Dt Gross Amount Discount Amt Discount: Used Net Amount 6 12/29/99 306,980.28 346,080.28 GL Distribution Gross Amount Description Gross Amount 106 -00 -1610 306,080.28 #26 P /E: 12/25/99 100 -04 -5010 --------------------------------------------------------------------------------------------------------`---_-_``-----`-------`----- Vend# Vendor Name LEGAL SRV Bank Check# Chk Date Check Amount Sep 4751 HOME ESCROW CO 36.00 LEGAL SRV AP 114687 3.2/29/99 11,250.00 C'_aim# General Description 28369 1ST TIME HOMEBUYERS ANTONIO & DALILA ELIZALDE 4599 KENMORE ESCROW 416205T PO# Stat Contract# 'invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 1.2/29/99 11,250.00 11,250,00 GL Distribution Gross Amount Description 122 -43 -5620 11,250.00 ANOTONIO ELIZALDE ------------------------------------------------------------------------------------------------------------------------------------ Vend'# Vendor Name Bank Check# Chk Date Check Amount Sep 3256 ALVAREZ- GLASMAN & COLVIN AP 114689* 12/29/99 122.00 Claim# General Description 28305 LEAGAL SERVICES PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 10001 7.2/06/99 132.00 0.00 132100 GL Distribution Gross Amount Description 100 -04 -5010 96.06 LEGAL SRV 102 -42- 5330 -010 36.00 LEGAL SRV Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 58 AMERICAN HERITAGE AP 114690 12/29/99 1,040.72 C�aim# General Description 28336 =CAL PREMIUM CANCER INS 201,1 Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/28/99 1,040.72 0.00 1,040.72 GL Distribution Gross Amount Description 100 -00-2221 1,040.72 CANCER INS ----------,....----------------------------------------------.---------'-°_----- ____-- ___-- -- °__---- - -__ -- `- `- - - - - -- `- - -` - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) San 12, 2000 11:25am Page 2 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114686 to 114808 Vend#k Vendor Name Bank Check# Chk Date Check Amount Sep 2935 ATD AMERICAN CO ACCT #122525.00 AP 114691 12129154 2,968.80 Claim# General Description 28306 HIGHBACK CHAIRS PO# Stat Contracts# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5781 C 539437 12/14/99 2,968.80 0.60 2,968.80 GL Distribution Gross Amount Description 9,559.42 NOV /DEC DUES #N283O54 100 -28 -5210 2,968.80 3 EA #24771 HIGHBACK INTENSIVE USE DUTY CHAIR, DELUXE FABRIC, BURGUNDY 136 BOISE CASCAID° OFFICE PRODUCTS 100- -71-5216 {TREVIRA) 12/29/99 198.58 #HiA2101 PO Liquidation Amount 129.32 1 RA #X638605 100 -28 -5210 2,960.85 15.19 1 EA ##K636052 Vend# Vendor Name PO Liquidation Amount Funk Check# Chk Date Check Amount Sep 1226 BALDWIN PARK POLICE ASSOC 100 -71 -5210 169.69 AP 114692 12/29/99 9,559.42 Claim# General Description 28309 NOV /DEC DUES PP #22 - 25 PO# Stan Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/23/99 9,559.42 0100 9,559.42 GL Distribution Gross Amount Description 100 -72 -5210 100 -00 -2226 9,559.42 NOV /DEC DUES #N283O54 EXPO DRY ERASE KIT ---------------- `---- `------ -`-- --`-`------- Vend# Vendor Name ----------.------"----`--------------------------------- --.. -------------------------------- Bank Check# Chk Date Check Amount Sep 136 BOISE CASCAID° OFFICE PRODUCTS 100- -71-5216 AP 114693 12/29/99 198.58 C1a.im4 General Description 28310 MISC OFFICE SUPPLIES PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6047 C 222446 12/03/99 198.68 0.00 198.68 GL Distribution Gross Amount Description 100 -72 -5210 24.60 1 EA #N283O54 EXPO DRY ERASE KIT 100 -72-5210 4.39 1 EA #N283056 EXPO ORGANIZER 100- -71-5216 25.18 1 BA #HiA2101 SWINGLINE PRRSONAL FLECTRIC STAPLER 100 -71 -5210 129.32 1 RA #X638605 PS60CC CROSS CUT FELLOWES DELUXE SHREDDER 100 -71 -523,0 15.19 1 EA ##K636052 1.00 COUNT WASTE BAGS PO Liquidation Amount 100 -71 -5210 169.69 100 -72 -5210 -------------------------------------------------------------------------------------------------------- 28.99 --- ---- ------------- -- --- - -- CCS,AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) San 12, 2000 11;25am Page 3 Check History, Bank AP Check bates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 -------------------------------------._------------------------------------------------------------------°_`_--------------.___-__- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 148 BFS /FAGLE (BPS /EAGLE) AP 114694 12/29/99 767.29 Claim# General Description 28307 REGISTRATION RECEIPT PO# Stat Contract# Invoice# 6049 C 10238 GL Distribution 100 -72 -5440 100 -73 -5440 100 -75 -5440 PD Liquidation 100 -72 -5440 100 -73 -5440 130- -75 -5440 Claim# Genera]. Description 28308 MISC MAILER Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/07/99 678.01 0100 678.01 Gross Amount Description 226.01 3. EA 5500 REGISTRATION RECEIPTS, 3-PART NCR 226.00 1 EA ** DISTRIBUTION OF COST ** 226.00 1 EA ** DISTRIBUTION OF COST ** Amount 226.01 226.00 226.00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt D4SrcUn`.: Used Net Amount 6045 C 10546 12/09/99 89.28 0100 69.26 GL Distr9.bution Cross Amount Description 102 -42- 5440 -010 89.28 6 EA TM -M3 1099 MISCELLANEOUS MAILER (IN LOTS OF 100) PO Liquidation Amount 102 -42- 5440 -010 89.28 ------------------------------------------------------ ------ ------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2825 CANADA LIFE ASSURANCE ATTNz GROUP ADMTN DEPT AP 114695 12/29/99 692.40 Claim# General Descrip *ion 28311 DECEMBER PREMIUM DISABLITY INS PP# 22 &23 Po# stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 0 12/23/99 692.40 0.00 692.40 .,L Dist ribution Gross Amount Description 100 -00 -2303 692.40 DEC PP #22 &23 ----------------- ....___..______----..------------------------------------------------ Vend# Vendor Name -- -- ----- -- -- -- ------ -- ------ Bank Check# -- -------.._-____` -` -- -- Chk Date Check Amount Sep 242 CITRUS JUDICIAL COURT AP 114696 12/29/99 ].5,000.00 Claim# General Description 28312 BAIL -SEAN KOSSIN FAKHAR CASE# DR99 -29137 PO# Stan Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/28/99 15,000.00 0.00 15,000.00 GL Distribution Gross Amount Description 150 -00 -2156 15,000.00 BAIL -S FAKRAR --_°__-_-_--°__--___..-------------------------------------°__-_-----____----_-_--_-_____-------------__----- _- .._-- .._----------- - - - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 12, 2000 11:25am Page 4 Check History. Bank AP Check Dates 00 /00 /DO to 99/99/99 Check #'s 114686 to 114808 Vend# Vendor Name Hank Check# Chk bate Check Amount Sep 388 GATEWAY TITLE COMPANY AP 114697 12/29/99 70.00 Cl.ai.m# Genera]. Description 28313 DEC TITLE REPORTS PO# Stat Contract## lnvoice#t Invc It Gross Amount Discount Amt Discount Used Net Amount 5931 0 99110485 12/23/99 70.00 0.00 70.00 GL Distribution Gross Amount Description 120 -43- 5030 -035 70.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** TITLE SERVICES PO Liquidation Amount 120 -43- 5030 -035 70.00 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 4266 H.C. ASSOCIATES AP 114698 12/29/99 1,360.00 Claim# General Description 28314 PRELIMINARY ENG EVALUATION OF AUDITORIUM STRUCTURE PO4 Stat Contract# Invoice# Inve Dt Gross Amount Discount Amt Discount Used Net Amount 009 12/13/99 1,360.00 0.00 1,360,00 GL Distribution GroSS Amount. Description 0.00 478.50 100 -52 -5000 1,360.00 ENC SRV 12/14/99 328.00 ------------------------------------------------------------ Vend# Vendor Name ..-- - - ---- -___-_-_______---___,_..__-_-__---__-_---_-.__________..-____------ Bank Ch.eck#; Chk Date Check Amount Sep 2370 INDUSTRIAL TOOL BOX,INC Description AP 114699 12/29/95 174.20 Claim# General Description 28315 TRUCKERS ROPE /TOW CHAIN PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5790 C 9544 10/28/99 174.20 o.aa 174.20 GL Distribution Gross Amount Description 100 -57 -5210 104.52 1 EA 24 /EACH: WASP AND HORNET SPRAY; 1 /EACH: 3/8 "x6' ROPE; 1 /EACH: 3/8 "x20' CHAIN 1.27 -57 -52:0 69.68 7. FA ** DISTRIBUTION OF COST ** PO Liquidation Amount 100 -57 -5210 83.36 127 -57 -5210 55.58 ------------------------------------ .------------------------------------------------------------------------------------------------- vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1179 INLAND EMPIRE STAGES, LTD. AP 114700 12/29/99 806.50 C],aim# General Description 26316 TRANSPORTATION SR TRIPS PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5540 0 120499 09/28/99 478.50 0.00 478.50 121499 12/14/99 328.00 0.00 328.00 GL Distribution Gross Amount Description 117 -55- 5000 -055 806.50 1 EA * * ** ANNUAL PURC14AASE ORDER FOR FISCAL YEAR 1999-2000 * * ** PROVIDE TRANSPORTATION FOR SENIOR CITIZEN TRIPS PO Liquidation Amount CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 117 -55 -5000 -055 806.50 Jan 12, 2000 11:25am Page 5 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 586 L.A. CO METROPOLITAN TRANSPORTATION AUTHORITY AP 114701 12/29/99 7,122.00 Claim(# General Descripticn 26320 BUS PASS SALES -DEC PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5547 0 12990401 1-1/25/99 2,475,00 0,GG 2,475.00 GL Distribution 117 55 5000 054 11/25/99 4,547.00 0.00 4,647.00 GL Distribution 6,831.13 Gross Amount Description 1GG -06 -2066 4,304.40 1 EA * * ** ANN'U'AL PURCRASE ORDER FOR FISCAL YEAR 1999 -2GDD * * ** BUS PASS Chk Date Check Amount Sep 4710 LINEX BEDLINERS & COATINGS, INC. SATES AP 114703 117- 55 -50D0 -054 2,817,60 1 EA ** DSSTRISOTTON OF COST ** PO Liquidation Amount 100 -OG -2066 4,304.40 11.7 --55- 5000 -054 2,81_7.60 ---------------------------_--_-_--____-_-_-----_----___-...--------------------------------------_---___---_--__---------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2692 LIMA AP 114702 12/29/99 6,831,13 Claim# General Description 28317 DEC PREMIUM DISABILITY INS PP# 22 &23 PO# Stat Contract# invoice-4 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/27/99 6,831.13 0.00 6,831.13 GL Distribution Gross Amount Description 132 -00 -4703 6,831.13 DEC PREM PP 422/23 ..-----------------------------------------------------------------------.`-'-----`--------`-`--`----------.-_...---`---_`-___------------ Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 4710 LINEX BEDLINERS & COATINGS, INC. AP 114703 12/29/99 826.65 Claim4 General Description 28318 SPRAY ON PROTECTIVE COATING PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 6039 C 5445 11/30/99 826.65 D.00 826.65 CL Distribution Gross Amount Description 114 -67- -5210 -093 826.65 I EA SPRAY ON PROTECTIVE COATING PO Liquidation Amount 114 -61- 5210 -093 830.00 ...`--- ---`----`---`------..._"---------------------------------------------`-----`--------------`----`-------`------_-----------"------- Vend# Vender Name Banc Check# Chic ]late Check Amount Sep 907 LLOYD GARCIA AP 114704 12/29/99 13.76 Claim# General Description 28319 REIMB MONTHLY EXPENSE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/16/99 13.76 0.00 13.76 GI, Distribution Gross Amount Description 118 -53- 5000 -861 13,76 RETMH Pkl CALLS ---------- ..----------------------------------'__-----___------------`------------------------------ -- ---- ---------- ------ `- - - - - -- -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 12, 2000 11:25am Page 6 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check4l s 114686 to 114808 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3-336 MAZ\;CTEL CARRILLO JR, AP 114705 12/29/99 62.99 Claim# Geriera? Description 28321 REIMB MONTHLY EXPENSE PO# Stat Contract# invoice#; Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/23/99 62.99 0.00 fi2.39 GL Distribution Gross .Amount Description 0.00 210.32 150 -00 -2172 62.99 REIMS SUPPLIES Bank Check# Chk Date Check Amount Sep --------------- ... ------ . ------------------------ Vend# Vendor Name ------ ._.__------------------------------------------------------------------------------ 291.51 RENT CONTROLLER Bank Check# Chk Date Check Amount Sep 4613 MATCO TECH, INC. AP 114706 12/29/99 291.51 Claim# General Description 28322 RENT /REPAIR CONTROLLER PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net .Amount 12/22/99 92.00 18270 07/21/99 81.19 0.00 81.119 18266 07/30/99 210.32 0.00 210.32 GL Distribution ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Gross Amount Description Bank Check# Chk Date Check Amount Sep 100 -72 -5210 291.51 RENT CONTROLLER 12/29/99 479.OD Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 706 P.T.E.A. AP 114707 12/29/99 92.OG Claim## Genera? Description 28323 NOV /DEC DUES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/22/99 92.00 0.00 92.00 GL Distribution Gross Amount Description 100 -00 -2227 92.00 NOV /DEC DUES 922/25 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2700 RENTOKSL (23) LOS ANGELES AP 114708 12/29/99 479.OD Claim# General description 28324 PLANT MAINT -SR CENTER PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 5346 0 66361 12/03./99 479.00 0.00 479,00 GL Distribution Gross Amount Description 100- 57 -5GOO 287.40 1 EA * * ** ANNUAL PURCHASE ORDER FOR FTSCL YEAR 1999 -2000 * * ** MAINTENANCE OF INTERIOR PLANTS AT CITY FACILITIES ($475 PER MONTH) 12 -1 -57- 5000 191.60 1 EA ** DISTRIBUTION OP COST ** PO Liquidation Amount 100 -57 -5000 287.40 127 -57 -5000 191.60 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Ian 12, 2000 11:25am Page 7 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 _ __ --- _ --- -------- _.-------.._.__-------------------------------------------------_ __---- ___- _- _____- ____- -- - -_ - -_ --- -- ----- - --- __ -____ Vend## Vendor Name Bank Check# Chk Pate Check Amount Sep 4754 RODULFO P. GARCIA AP 114709 5.2/29/99 30.00 C1a`_m4 General Description 28325 REFUND PARKING CITATION PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/28/99 30.00 0.00 30.00 GL Distribution Gross Amount Description 52,032.00 IID -00 -4216 25.00 REFUND PARKING CITE 52,032.00 110 -00 -2167 5.00 REFUND PRKG CITE Bank Check# Chk Date Check Amount Sep ------_-'--'_----___-'--°°__----_°_--_-_---___-_-_-'__-__°---------------------..-..__-------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 760 S,E,I.U. LOCAL 347 GL Distribution AP 114710 12/29/99 2,080.00 Claim# General Description 28328 NOV /DUES DUES PP# 22 -25 PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/23/99 2,080.00 0,00 2,080.00 GL Distribution Gross Amount Description 52,032.00 IDD -00 -2224 2,080.00 NOV /DEC DIES #22 -25 52,032.00 Vend# Vendor Name PP- 99--IIA Bank Check# Chk Date Check Amount Sep 3287 SAN GABRIEL TRANSIT AP 11471_1 12/29/99 52,092.00 Claim# General Description 28327 TRANSPORTATION SERV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5371 0 BP -99 -5. 12/09/99 52,032.00 0.00 52,032.00 PP- 99--IIA 12/07/99 60.00 0,00 60.00 GL Distribution Gross Amount Description 117 -55 -5000 -172 37,072.50 1 BA * * ** ANNUAL, PURCHASE ORDER POR PISCAL, YEAR 1999 -2000 * * ** DALIPWIN PARK TRANSIT FIXED -ROUTE 117 -55 -5000 -173 14,477.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** BALDWIN PARK DIAL -A -RIDE SERVICE 117 -55 -50[10 -174 482.50 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 x * ** BALDWIN PARK TRANSIT TAXI 117 -55- 5000 --175 60.00 1 EA * * ** ANNUAL PURCHASE ORDDER FOR FISCAL YEAR 1999 -2000 * * ** BALDWIN PARK SPECIAL ORDERS PO Liquidation Amount 117 -55 -5000 -1'72 37,072.50 117- 55- 5Gf10- 173 14,477.00 117 -55- 5000 -174 482.50 117 -55 -5000 -175 60.00 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Tan 12, 2000 11:25am Page 8 Check History. Hank AP Check Dates DD /00 /00 to 99/99/99 Check #'s 114686 to 114808 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4755 SCACRO AP 114712 12/29/99 120.00 C1a.im# General Description 28326 DUES -MARK GOZMATI GAIL BISHOP MARCOS MENDEZ PO4 Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/23/99 120.00 0.00 120.00 GL Distribution Gross Amount .Description 0.00 603208 120 -47- 5240 -031 120.00 DUBS 40.03 122.85 _-.,.__--°_-__°-----------------------------°___-_°__°_-------------___--------------_--_--_---_------------------------------------- Vend# Vendor Name 12/17/99 204.71 Bank Check# Chk Date Check Amount Sep 1099 SMART a FINAL 603397 AP 114713 12/29/99 566.77 Claim# General Description 28329 SUPPLIES BREAKFAST W /SANTA PD## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5983 C 603176 12/21/99 18.95 0.00 18.95 0.00 603208 12/18/99 40.93 0100 40.03 122.85 603378 12/17/99 204.71 0.00 204.71 Gross Amount 603397 11/24/99 34.16 0.00 34.16 711898 12/21/99 60.93 0.00 69.93 GL Distribution .---------------------------------------------------------------------------- Gross Amount Description Sank Check# 150 -00 -2172 186 STATE OF CALIFORNIA EMPLOYMENT 358,78 1 EA **** ANNUAL PURCHASE ORDIER FOR FISCAL YEAR 1999 -2000 —* SUPPLIES 12/29/99 14,587.67 FOR SPECIAL EVENTS AND SNACK BAR PO Liquidation Amount 150 -00 -2172 358.78 Claim## General Description 28330 MISC SUPPLIES SANTA CLOTHES PRG Pp# Stat Contract# 'Invoice# Invc Dt Grow Amount Discount Amt Discount Used Net Amount 320845 12/17/99 85.14 0.00 85,14 6031664 12/14/99 122.85 0.00 122.85 GL Distribution Gross Amount Description 150 -00 -2172 207.99 MISC SUPPLIES ..--------------------------------------- Vendfi vendor Name .---------------------------------------------------------------------------- Sank Check# -------- ----- - - -- - -- Chk Date Check Amount Sep 186 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPT. AP 114714 12/29/99 14,587.67 C]a3.m# General Description 28331 ST TAY DEPOSIT PP # #26 P /E: 12/25/99 PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/28/99 14,587.67 0.00 14,587.67 GL Distribution Grass Amount Description 100 -00 -2221 14,587.67 PP #26 12/25/99 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 12, 2000 11:25am Page 9 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 17.4686 to 114868 -------------- -- -----. _ ---_--_-_..__-------------------------------------------------------------------------------------------- Vend# vendor Name Bank Check# Chk Date Check Amount Sep 2450 TRANSAMERICA ASSURANCE COMPANY AP 114715 12/29/99 86.55 Claim# General Description 28332 DEC PREMIUM LIFE INS PP# 22 &23 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/23/99 86.55 0.00 85.55 GL Distribution Gross Amount Gross Amount Description 100 -00 100 -00 -2303 86.55 DEC PREM #22 &23 Vend# Vendor ---------------------------------------------°°__-----____---------_-°_-------_-----_---------'-'___---_"_-_._--_`---_----`-'--------__- Vend# Vendor Name Sank Check# Bank Check# Chk Date Check Amount Sep 814 TROPHY WORLD AP 114718 AP 114716 12/29/99 661.95 Claim# General. Description 28333 =LAG FOOTBALL TROPHIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 13531 12/15/99 661..95 0100 661,95 GL Distribution Gross Amount Description. 150 -00 -2154 661.95 FLAG FOOTBALL Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 822 UNITED WAY CAMPAIGN - AP 114717 12/29/99 380.68 Claim# General Description 26334 NOV /DEC DOTES PP #22 -25 ACCT #E° °267 - 725 -3 -24 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/22/99 380,68 0,00 380.68 GL Distribution Gross Amount Description 100 -00 -2230 380.68 NOV /DRC #22 -25 Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 3160 VALLEY COUNTY WATER. DISTRICT AP 114718 12/29/99 1,540.00 Claim# General Description 28335 RELOCA'VION OF FIRE 14YDRANT RAMONA BLVD /LA RICA ST CIP 850 PO# stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6055 C 0 15/27/99 1,540.00 0.00 1,540.00 GL Distribution Grass Amount Description 114 -53- 5020 -850 1,540.00 I EA RELOCATION OF FIRE HYDRANT AT THE CORNER OF RAMONA BOULEVARD AND LA RICA STREET, RECONSTRUCTION /OVERLAY, CIP850 PO Liquidation Amount. 114 -53 -5020 -850 1,540.00 ---------------------------- ------------ .-.---------------------------------------`---`------------------- --------- --- -- -- ----- ---- - ----- CC'S.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Dan 12, 2000 11:25am Page 10 Check History. Bark AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 ------------------------....__---.._---_-----------_-____-_----.._____--________________-_____..____-_-..__.._____-_-_---____-_..__-____---- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2938 BILL VAN CLEAVE AP 17.4720* 12/30/99 50.00 Claim# General Description 2B341 FINANCE AUTHORITY MONTHLY MTG ALLCWANCE PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5394 0 0 12/30/99 50.00 O.00 50.00 GL Distribution Gross Amount Description 100 -81 -5000 50.60 1 EA " " ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 - 2000 * * ** FINANCING AUTHORITY MEETING ALLOWANCE PO Liquidation Amount 100 -81 -5000 50.00 Vaud# Vendor Name Bank Check# Chk Hate Check Amount. Sep 136 BOISE CASCADE CFFICE PRODUCTS AP 114722 12/30/99 115.58 Claim# Genera'_ Description 28337 MISC OFFICE SUPPLIES PO# Stat Contract# Invoice# 6052 C` 246451 GL Distribution 102 -42- 5330 -010 102 -42 -5330 -010 102 -42 -5330 -010 102 -42 -5330 -010 PO Liquidation 102 -42- 5330 -010 Claim# General Description 28339 MISC OFFICE SUPPLIES PO# Stat Contract# Invoice;# 291,666 GL Distribution 7.00 -28- -5210 Claim# General Description 26340 MISC SUPPLIES Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/09/99 76.44 0.00 76.44 Gross Amount Description 39.88 5 EA #5170- 800 -OS DAILY CLASSIC APPOINTMENT BOOK 8.88 3 EA 4BISK24 -00 MONTHLY DESK PAD 7.52 1 EA #B1G547 -5G DAYMINDER MONTHLY APPOINTMENT REFILL 20.16 1 EA #J4750 IN /OUT MESSAGE BOARD Amount 76.44 Invc Dt Gross Amount 12/14/99 34.43 Gross Amount Description 34.43 MISC SUPPLIIS Discount Ant Discount Used Net Amount 0.00 34.43 PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 340749 12/16/99 4.77. 0.00 4.71 GL Distribution Gross Amount Description 100 -41 -5210 4.71 MISC SUPPLIES ----------------------------------------- .----------------------------------------------------------------------- -- -'--- -------- - ----- _.. CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A {SANDRA} Jan 12, 2000 11:25am Page 11 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 1146 ©6 to 114806 -------------------------------------------°_----------------_-----_------_-_-------------.------------------------------------..---- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4756 CALIFORNIA CILWBER OF COMMERCE AP 114722 1.2/30/99 205.07 Claim# General Description 28343 2000 LABOR LAW DIGEST PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/21/99 205.07 0100 205.07 GT, Distribution Gross Amount Description 100 -15 -5240 205.07 LABOR LAW DIGEST _._------ ------ ---- ---- ...------ --- -- -- ------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3996 CHOICEPOINT SERVICES INC. AP 114723 12/30/99 18.00 C7.aim# General Description 28342 BACKGROUND CHECK PO# Stan Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 182723 12/14/99 18.00 0.00 16.00 GL Distribution Gross Amount Description 100 -25 -5000 18.00 BACKGROUND CK ------------------------------ ----------------------------------------------------------------------------------------------------- Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 250 COLEN & LEE AP 114724 12/30/99 5,300.00 Claim# General Descripticn 28349 LIABILITY /WORKERS COMP JAN 2000 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5439 0 0 1.2/15/99 5,300.00 0.00 5,300.00 CL Distribution, Gross Amount Description 132 -16 -5066 5,300.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** LIABILITY AND WORKERS COMPENSATION ADMINISTRATION FCR CLAIMS PC Liquidation Amount 132 -16 -5000 5,300.00 __-_ °_ -__ -. ---------------------------------------------------------------- -.----- __- .-- __------ _- - - - -__ ---___-__----____- _______- Vend# Vendor Name Bank Check# Chk Date Check Amount Se_r 2391 DEPT OF JUSTICE CENTRAL SERVICES AP 11_4725 12/30/99 96.00 Claim# Genera' Description 28345 FINGERPRINTS PO# Stat Contract# Invoice# Inv,-' Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/29/99 96.00 0.00 96.00 GL Distribution Gross Amount Description 100 -00 -4030 96.00 FINGERPRIN'T'S --------------°___°-_-_---------------------____------__---__---__°_°__°-____--------------------- --- --------------- -- -- - - - - - -- CCS.AP Accounts Payahle Release 5.7,4 N *APR700 By SANDRA A (SANDRA) Jar, 12, 2000 11:25am Page 12 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 ----------------------...___. ._..___...___.._.- _____- .___. -- - - --- . _. _______-___._._-_ _.___._.___.________________.._ __- ____ -- ------- Vend# Vendor Name Bank Check# Chk mate Check Amount Sep 2391 MPT OF JUSTICE CEN'T'RAL SERVICES AP 114726 12/30/99 216.00 Y Claim# General Description. 28346 FINGERPRINT PROCESSING PO# Stat Contract# Invoice ## Snvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/27/99 216.00 0.00 216.00 GL Distribution Cross Amount Description 7.00 -25 -5006 216.00 FINGERPRINT Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3913 DEPT OF JUSTIC2- ACCOINTINC SRV AP 114727 12/30/99 192.00 Y Claim# General Description 28347 FINGERPRINT CLEARANCE PO# Stat Contract# Invoice# Znvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/21/99 192.00 0.00 192.00 GL Distribution Gross Amount Description 132 -16 -5930 192.00 FINGERPRINT Vend#$ Vendor Name Bank Check# Chk Date Check Amount Sep 4571 FRANKLIN S. MCKINNEY AP 114728 12/30/99 2,154.25 Claim# General Description 28348 ADVANCE OISABILITY PENSION PMT PG# Stat Contract# Invoice#{ Znvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/29/99 2,154,25 0.00 2,154,25 GL Distribution Gross Amount Description 100 -00 -2100 2,154.25 DISAH PENSION PMT -------------------------- .. ------------------------------------------------------------------------------------------------------------- Vend;3 Vendor Name Bank Check# Chk Date Check Amount Sep 391 GTE CALIFORNIA AP 114729 12/30/99 28.81 Claim# General Description 28349 PH SRV 407,1412114477340703 PO# Stat Contract# Invoice# Znvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/23/99 28.81 0.00 28.81 GL Distribution Cross Amount Description 10 -25- 5430 28.81 PH SRV Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3268 LIEBERT, CASSIDY & FRIERSON AP 114730 12/30/99 4,851.50 Claim# General Description 28351 PROFESSIONAL SRV PO# Stat Contract;# Invoice# Znvc Dt Cross Amount Discount Amt Discount Used Net Amount 0 12/21/99 4,851.50 D. Do 4,851.50 GL Distribution Gross Amount Descri.pti.an 200 -04 -5000 4,851.50 SRV CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Tan 12, 2000 11:25am Page 14 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 --------------------------------------------------------------------------------- - °_------- __-- - - -. -- ------------------------------- Vend# Vendor Name Rank Check# Chk Date Check Amount Sep 854 LINDA LAIR AP 114731 12/30/99 50.00 Claim# Genera]. Description 28350 FINANCE AUTHORITY MONTHLY MT'G ALLOWANCE PO# Stat Contract# Invo.i.ce# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5396 0 G 1-2/30/99 50.00 0.00 50.00 GL Distribut'ien Gross Amount Description 100 -81 -5000 50.00 1 EA —* ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FINANCING Ai7YORTTY MEETING ALLOWANCE PO Liquidation. Amount. 100 -81 -5000 50.00 ----------------------------------"--------_------____-..__---------__-_-_--------------_--_..___--,...._..------------------------------- Vend# Vendor Name Bark Check## Chk Date Check Amount Sep 4415 MANNING, MARDER & WOL,FE 95TH FLR O FIRST INTERSTA'T'E TOWER AP 114732 12/30/99 56.25 Claim# General Description 28355 SRV THRU 11/30/99 PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 151.56 12/06/99 56.25 0.00 56.25 GL Distribution Gross Amount Description 100 -04 -5000 56.25 NOV SRV Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1336 MANUEL CARRILLO JR. AP 114733 12/30/99 1,500.00 Claim# General Description 28356 PC LOAN PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount 7;sed Net Amount 0 12/30/99 1,500.00 0.00 1,500.00 GL Distribution Gross Amount Description 100 -00 -1125 1,500.00 PC LOAN --------------------------------------------------------------------------..-__._.-.--.____--_-----------_-----__---_-_----_---------__-- Vend## Vendor Name .Bank Check; Chk Date Check Amount Sep 594 MANUEL LOZANO AP 114734 12/30/99 50.00 Claim# General Description 28353 FINANCE AUTF] MONT14L`l MTG ALLOWANCE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount. 5393 a 0 12/30/9° 50.00 0.00 50.00 GL Distribution Gross Amount Description 200 -81 -5000 50.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FINANCING AUTHORITY MEETING ALLOWANCE PC Liquidation Amount 100 -81- 5000 50.00 ---------------------------------------------.._---_-....-,-,------_.._---_--_________---------_-___-------- _- _----------- ___-- __--- -_ - -__ CCS.AP Accounts Payable Release 5.7,4 N *APR700 By SANDRA A (SANDRA) Jar, 12, 2000 11!25am Page 15 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114.898 ----------------------------------------------------------------------------------------------------- ------------ ----- -------- °_____ Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 2765 MARLEN GARCIA AP 114735 12/30/99 50.00 Claim# General Description 28352 FINANCE AUTH MONTHLY MTG ALLOWANCE PG# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6012 O 0 12/30/99 50.00 0.00 50.00 GL Distribution Gross Amount Description 1DO -81 --5000 50.00 1 EA -- ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -200D —* FINANCTN3 AUTHORITY MEETING PO Liquidation Amount 10{3-81 -5000 50.00 ------------------------------------------------------------------------------------------------------ ----------- ---- ---- - - -- ------------------------------------- Venal#{ Vendor Name Bank Check# Chk Date Check. Amount Sep 691 MICHAEL J OIDAY & ASSOCI.AT3S AP 114735 12/30/99 15.00 Claim# General Description 28354 DEC PARKING CASE 204 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5534 0 0 12/10/99 15.00 C.66 15.00 GL Distribution Gross Amount Description 100 -23 -5000 15.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2004 * * ** PARKING CITATION ADXMICATION PO Liquidation Amount 100 -23 -5000 15.00 Vend;, Vendor. Name Bank Check# Chk Date Check Amount Sep 4757 ORASI, INC. AND IRMA GARCIA AP 3.14737 12/3D/99 971.81 Claim# Genera? Description 28357 PC LOAN ?O# Stat Contract# invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 0 12/29/99 971.81 0.00 971.81 GL Distribution Cross Amount Description 106 -00 -1125 971.81 PC LOAN -.__-___-____.._..__----_--___..------------------------------------------------------------ --- ---------------- ----- - -.._- --- -__ - -_ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2531 PATR.T.CK E JASPER AP 114738 12/30/99 920.79 Claim# General Description 28359 ADVANCE INDUSTRIAL DISAk3ILITY PENSION PMT Pp# Stat Contract# Invoice# Invc Dt Gross Amount Discount Ant Discount Used Net Amount 4 12/29/99 920,79 0.00 920.79 GL Distribution Gross Amount Description 100 -00 -1100 920.79 DISAB PENSION PMT -------------- -------------------------------------------------------------------------------------------------------------------------- CCS.AP Accounts Payable Release 5.7.4 N- 1PR700 By SANDRA A {SANDRA) San 12, 2000 11:25am Page 16 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 114686 to 17.4808 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4384 PENINSULA INVESTIGATIONS AP 114739 12/34/99 9,524.14 Claim# General Description 28358 INVESTIGATIVE SRV PO# Stat Contract# _Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/21/99 9,524.14 0.00 9,524.14 GL Distribution Gross Amount Description 100 -15 -5000 9,524.14 INVEST SRV Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 857 RANDEL E SYRJA AP 114740 12/30/99 2,545.59 Claim# General Description 28338 ADVANCE DISABILITY PENSION PMT PD# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/29/99 2,545.59 0.00 2,545.59 GL Distribution Gross Amount Description 100- 00 -i1,00 2,545.59 ADV DISAB PMT Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3495 RICARDO PACHECO AP 114741 12/30/99 50.00 Claim# General. Description 28360 FINANCE AUTHORITY MONTHLY MTG ALLOWANCE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5395 0 0 72/30/99 50.00 0.00 50.00 GL Distribution Gross Amount Description 100 -81 -5000 50.00 I EA ,-k ** IVNNUAL PURCHASE ORDER POR FISCAL YEAR 1999 -2000 * * ** FINANCING AUTHORITY MEE'T'ING ALLOWANCE PO Liquidation Amount 100 -81 -5000 50100 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 695 U.S. HEALTHWORKS MEDICAL GROUP CITY OVINDUSTRY MEDICAL CENTER {U.S. HEAT, AP 114742 12/30/99 501.40 Claim# General Description 28351 TB TESTING -REC STAFF PO# Stat Contract# Invoice# 25--15350-1199 25- 026420 GL Distribution 132 -16 -5000 Claim# General Description 28362 PRE -EMPLY PHYSICAL Invc Dt Gross .Amount Discount Amt Discount Used Net Amount 7.7./30/99 30.00 0.00 30.00 10/31/99 394.00 0.00 394.00 Gross Amount Description 424.00 TB TESTING -REC STAFF PO# Stat Contract# Invoice# Invc Dt Gross Amount 5440 O 25 -15350 -1199 11/30/99 77.00 GL Distribution Gross Amount Description CCS.AP Accounts Payable Release 5.7.4 N *APR700 Discount Amt Discount Used Net Amount 0.00 77,00 By SANDRA A (SANDRA} Jan 12, 2000 11!25am Page 17 Check History, Bank AP Check Dates 06/00/00 to 99/99/99 Check #'s 114686 to 114808 132 -16 -5000 77 -00 1 EA * * ** ANNUAL PURCHASE: ORDER FOR FISCAL YEAR 1999 -2000 * * ** PRE - EMPLOYMENT PHYSICALS AND OTHER REQUIRED PHYSICALS PO Liquidation Amount 132 -16 -5000 77.00 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 4760 2000 CAL CHIEF'S CONFERENCE FREMONT POLICE DEPT AP 114744* 01/05/00 250.00 Claim# General Description 28365 REGIST FEE 2/14 -17/99 Po# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/30/99 250.00 0100 250.00 GL Distribution Gross Amount Description 100 -21 -5330 250.00 R LEGARRA - __ - -_--- ___°---------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2825 CANADA LIFE ASSURANCE ATTN! GROUP ADMIN DEPT AP 114745 01/05/00 710.40 Claim# General Description 28374 JANUARY PREMIUM DISABILITY INS PP# 24 &25 PO4 Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/05/00 710.40 0.00 710.40 GL Distribution Gross Amount Description GL Distribution Gross Amount Description 100-00 -2303 710.40 JAN PREM #24/25 120 -43- 5000 -085 3,099.00 1 Vend# Vendor Name FOR FISCAL YEAR 1999 -2000 * * ** Sank Check;# Chk Date Check Amount Sep 1217 CASH AP 114746 01/05/00 3,099.00 Claim# General Description 28366 CHILD CARE SUBSIDY -DEC PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5714 0 0 01/05/00 3,099.00 0.00 3,099.00 GL Distribution Gross Amount Description 120 -43- 5000 -085 3,099.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PO Liquidation Amount 120 -43- -5000 -085 3,099.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4674 DAYLE KELLER AP 114747 01/05/00 4,166.67 Claim# General Description 28367 PROFESSIONAL SRV 21/16/99- 12/31/99 PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/30/99 4,166.67 0.00 4,166.67 GI, Distribution Gross Amount Description 100 -41 -5000 4,166.67 12/10- 12/31./99 ----------------------------`--------__°__---___.-..____________________________ ___- _.-- _- _.-_..------- ____ -- -- __- ___- -'___- _- ..__ --- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A {SANDRA} Sian 12, 2000 11:25am Page 18 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check#`s 114686 to 114808 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3552 IAPM0 AP 2.1.4746 01/05/60 254.00 Claim# General Description 28375 DUES -PETER FC MEMBER 400155 PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 00155 3.2/02/99 250.00 0.00 250.00 GL Distribution Gross Amount Description 0.00 44,506.01 100 -46 -5240 250.00 PETER HO Description vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1504 IRVFN S DAWSON 12 -25 -99 AP 114749 01/05/00 2,423.16 Claim# General Description 26368 CONSULTING SRV -DEC 1999 127 HRS P09 Stat Contract# Invoice$# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 5514 0 0 01/05/00 2,423.16 0.00 2,423.16 GL Distribution Gross Amount. Description 100 -26 -5000 2,423.16 1 HA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** EMERGENCY MANAGEMBNT SERV?CM PO Liquidation Amount 100 -26 -5000 2,423.16 ------------------------ -- -------- ------- ------- - - - --- — ---------------------------------------------------.-------------------------- Vend# Vendor Name Hank Check## Chk Date Check Amount Sep 864 PERS- RETIREMENT AP 114750 01 /05 /DO 44,506.01 Claim# General Description 28369 RETIREMENT 926 P /E: 12 -25 -99 SVC PER 12 -99 -4 PO4 Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount C 01/05/00 44,506,01 0.00 44,506.01 GL Distribution Gross Amount Description 100 -00 -2205 25,456.85 926 P /E: 12 -25 -99 100 -00 -2223 2.54.38 #126 P /E: 12- 25--99 100 -00 -2305 18,892.78 ##26 P /E: 12 -25 -99 ------------------------ .---------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# ---'----------------------- Chk Date Check Amount Sep 727 PETTY CASH AP 114751 01/05/00 749.38 Claim## General Description 28370 REPLENISH PETTY CASH PO# Stat Contract# Invoice# Invc Dt Gross Amount 0 01/05/00 749.38 GL Distribution Gross Amount Description 100 -75 -5210 15.42 A CENA 100 -71- 5210 21.64 R NUNEZ 101 -41 -5210 19.95 R FORINTOS 117 -55- 5210 -051 11.65 K BOUTEN 102 -42- 5330 -010 29.70 F LOPEZ 100 -61 -5330 161.62 L DISTAN`i'E 102 -42 -5210 -014 32,42 M CRAVs NS CCS.AP Accounts Payable Release 5.7.4 Nd APR700 Discount Amt Discount used Net Amount 0.00 749.38 By SANDRA A (SANDRA) Jan 12, 2000 11:25am Page 19 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 7.14808 100 -25 -5210 21,64 K HA.1RT 100 -03 -5210 13.00 S TIJOMPSON 100 -03- 5270 20.44 R RAMIRE7 100 -01- 5330 -101 5.98 D KELLER 100 -01- 5330 -107. 20.43 S THOMPSON 100 -51 -5330 5.00 A 1DNANI 100 -81 -5330 11.17 N SYED 101 -41 -5210 35.79 S T?iOMPSON 3.00 -72 -5330 39.46 M SALAS 100 -72 -5210 47.39 M CARRILLO 100 -81 -5210 39.98 H PLAN'T'ICO 100 -71 -5210 21.64 P NUNEZ 150 -00 -2154 7.57 B PLANTICO 100 -72 -5210 17.73 A MARTINEZ 13D -58 -5210 11.83 J SINCLAIR 120 -47 -5210 -031 50.20 M DOZMA.TI 100 -24 -5210 24.32 D REYNOSO 7.00 -95- -5210 32.91 A I-IhRBIN 100 -12 -5210 18.50 S RIVERA 102-42 -5210 -014 10.00 C REYES Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4761 SAN DIMAS CANYON GOLF VOURSE AP 11.4753* 01/05/00 500.00 Claim# General Description 28376 DEPOSIT -P.D. TOi3RNAMENT 04/28/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/05/00 500.00 0.00 500.00 GL Distribution Gross Amount Description 150 -00- 2179 500.00 DEP- T=NAMENT _..._-.----------------------------------------- Vend# Vendor Name -- -----.._--- _.-------------------------------------------------------------------------- Bank Check# Chk Date Check Amount- Sep 2450 TRANSAMERICA ASSURANCE COMPANY AP 114.754 01/05/00 88.80 C].ai.m# General Description 28377 JAN PREMIUM LIFE INSURANCE PP# 24 &25 PO# Scat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/27/99 88.80 0.00 88,80 GL Distribution Gross Amount Description 100 -00 -2303 88.6D JAN PREM #24 &25 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 12, 2000 11:25am Page 20 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1 ©58 UNITED PARCEL SERVICE * *VOID ** AP 114755 01/05/00 13.67 Claim# General Description 27650 UPS SHIPMENT {LAPTOP COMPUTER) PO# Stat Contract# 'Invoice# 0 GL Distribution 100 -25 -5210 Claim# General Description 28371 SHIPPING RETURN OF LAN SWITCH Invc Dt Gross Amount Discount Amt Discount Used Net Amount 13./3.5/99 0.00 0.no 0.00 Gross Amount Descri.ntion 0.00 LAPTOP COMPUTER P0# Stat Contract# T.nvoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/05/00 13.67 0.00 13.67 GL Distribution Gross Amount Description GL Distrihution Gross Amount 131 -13 -5724 13.67'LAN SWITCH 100 -00 -2320 Vend# Vendor Name JA PREM #24 &25 Bank Check# Chk Data Check Amount Sep 3866 VISION SERVICE PLAN (CA} Amount AP 114756 01/05/00 2,893.26 Claim# General Description 28372 JANUARY PREMIUM PP# 24 & 25 PD# Scat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/05/00 2,893.26 0.0D 2,893.26 GL Distrihution Gross Amount Description Gross Amount Description 100 -00 -2320 2,693.26 JA PREM #24 &25 POLICE SEDANS Vend# Vendor Name Amount Rank Check# Chk Date Check Amount Sep 843 WONDRIES CREVROLET --- ------- -- ----- -------- - ----- AP 114757 01/05/60 48,874.88 Claim# General Description 28373 2 FORD CROWN VICTORIA'S PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 5616 C 9398703 10/25/99 24,437.44 0.00 24,437.44 9398704 10/25/99 24,437.44 0.00 24,437.44 GL Distribution Gross Amount Description 130 -58 -5714 48,874.88 2 EA 2000 FORD CROWN VICTORIA POLICE SEDANS PO Liquidation Amount 130 -58 -5714 --`--------`-----------------°°___°__°________________---------------------------------------------- 48,875.00 --- ------- -- ----- -------- - ----- CCS.AP Accounts Payable Release 5.7,4 N *APR700 By SANDRA A (SANDRA) Jan 12, 2000 11:25am Page 21 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3797 AIRTOUCH PA07 -NG (AIRTOUCH PAGING) AP 114759* 01,/46/04 813.67 Claim# General Pescriptian 28378 PAGERS - POLICE DEPT ACCT L8- 454975 FO# Stat Contract# Invoice# Invc D,". Gross Amount Discount Amt Discount Used Net Amount 5517 0 L8454975AA 07./01/00 781.78 0.04 781.78 GL Distrihution Gross Amount Description 100 -25 -5210 781.78 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCL YEAR 1999-200C * * ** POLICE DEPARTMENT PAGER SERVICE PO Liquidation Amount 1.00 --25 -5210 781.78 Cla3.m# General Description 28379 PAGERS -COMM DEVL ACCT ##LB- 454947 PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 5732 0 68454947AA 01/01/00 13.67 0.00 13.67 GL Distribution Grass Amount Description 158.10 1 SET LETTERHEAD, 2- COLOR, 102 -42 -5210 3.42 1 SA ** ** ANNUAL PURCRASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PAGERS FOR 2- COLOR, "CITY CLERK" PC Liquidation STEVE CBRVANTES, CATALINA REYES, HECTOR LUNA, AND RICK FORINTOS 100 -46 -5210 3.42 1 EA ** DISTRIBUTION OF' COST ** 1.02 -41 -5210 6.83 1 EA ** DISTRIPUTION OF COST ** PO Liquidation Amouint Bank Check# Chk. Date Check Amount Sep 100 -46 -5210 3.42 AP 114760 01/06/00 600.79 102 -41 -5210 6.83 102 -42 -5210 3.42 Clam# General Description 28380 PAGERS - COUNCIL ACCT# L8- 454997 PO4 Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5751 0 L8454997AA 01/01/00 18.22 0.00 18.22 GL Distrihution Gross Amount Description 158.10 1 SET LETTERHEAD, 2- COLOR, 100-01 -5210 18.22 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PAGERS FOR 2- COLOR, "CITY CLERK" PC Liquidation CITY CCMTCIL PC Liquidation Amount 100 -01 -5210 18.22 Vend# Vendor Name Bank Check# Chk. Date Check Amount Sep 60 AMERICAN PRESS MMERICANN PRESS) AP 114760 01/06/00 600.79 claim# General Description 28381 LETTERHEAD -CITY CLERK PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6051 C 29579 12/13/99 303.10 0.00 303110 GL Distribution Gross Amount Description 131 -14- 5440 -060 158.10 1 SET LETTERHEAD, 2- COLOR, "CITY CLERK" 131 -14 -5440 -060 145.00 1. SET NON- WINDOW ENVELOPE, 2- COLOR, "CITY CLERK" PC Liquidation Amount 131 -14- 5440 -060 303.10 CCS.AP Accounts Payable Release 5.7.4 N *APR700 Ey SANDRA A (SANDRA) Jan 12, 2000 11:25am Page 22 Check History, Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114686 to 114808 Claim# General Description 28382 CORRECTION NOTICE 204 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6050 C 25,578 12/13/99 297.69 0.00 297.69 GL Distribution Gross Amount Description 20.96 FAX MODEM 337 -2965 100 -46 -5440 297,69 1 SET CORRECTION NOTICB, 2 -PART NCR (PAPER & CARD), RED INK, SET OF 2,000 PO Liquidation Amount AP 114762 01/06/00 225.37 ._-------'--- Chk Date Check Amount Sep 100 -46 -5440 297.69 AP 114764 01/06/00 4.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2074 AT &T AP 114761 01/06/00 20.98 Claim# General Description 26383 FAX MODEM ACCT# 050 139 66671 001 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 626 337 -2965 12/09/99 20,98 0.00 20198 GL Distribution Gross Amount Description GL Distribution Gross Amount 102 -42- 5430 -014 20.96 FAX MODEM 337 -2965 100 -01- 5430 -102 Vend# vendor Name MISC SUPPLIES Hank Check# Chk Date Check Amount Sep 3017 AT &T STOCKROOM) AP 114762 01/06/00 225.37 Claim# General Description 283BS CELL PH -NOKIA PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount T]sed Net Amount 7.23322 09/23/99 225,37 0,00 225.37 GL Distribution Cross Amount Description GL Distribution Gross Amount 100 -01- 5430 -102 225.37 CELL Pii 100 -01- 5430 -102 Vend# Vendor Name MISC SUPPLIES Bank Check## Chk Date Check Amount Sep 4762 AT&T WIRF„LSSS S8RVICES (AT&T WIRELESS STOCKROOM) AP 114763 01/06/00 213.64 Claim# General Description 28384 CHRG, DUAL PORT DESKTOP CLA POWER CORD, RAPID CHGR CHARGER, AC ADAPTER PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount ATT028179 07/21/99 213.64 0.00 213.64 GL Distribution Gross Amount Description 100 -01- 5430 -102 27.3.64 MISC SUPPLIES ----------------- .. ------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# ._-------'--- Chk Date Check Amount Sep 2218 AURORA ZARATF AP 114764 01/06/00 4.00 Claim# Genera] Description 28386 REFUND SR TRIP PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount- 0 12/30/99 4.00 0.00 4.00 GI, Distribution Gross Amount Description 150 -00 -2169 4.00 REFUND SR TRIP CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 12, 2000 11:25am Page 23 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 Vend# Vendor Name Bank Check# Cik Date Check Amount Sep 1282 AMEORTZBO SBRVICE SYSTEM AP 114765 01/06/00 298.00 Claim## General Description 28387 SRV CONTRACT CIIECKSIGNER 12/1/99 - 11/30/00 PO# Stat Contract# Invoice:# Tnvc Dt Gross Amount Discount Amt Discount used Net Amount 6013 C 4296 12/01/99 298.60 0.00 298.00 GL Distribution Gross .Amount Description 131-13 -5260 298.GC I PA SERVICE CONTRACT" RE=NEWAL FOR CHE'CKSIGNER (FROM 12/1/99 - 11/30/001 PO Liquidation Amount 137. --13 -5260 298.00 -------_---------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check. Amount Sep 136 BOISE CASCADE OFFICE PRODUCTS AP 114766 01/06/00 1,648.64 Claim# General Description 28388 COPY PAPER PO9 Stat Contract# Invoice#? InVC Dt Gross Amount Discount Am* Oiscount Used Net Amount 6020 C 023349 11/22/99 558.57 0.00 558.57 GL Distribution Grass Amount Description 131 -14- 527.0 -060 558.57 20 BOX #PTOX9001 COPY PAPER, 8.5x11, WHITE, 26LB PC Liquidation Amount 131 -14- 5210 -060 556.57 Cla.i.m# General Description 28389 TONER CARTRIDGE 204 Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 6032 C 120305 12/02/99 101.46 0.00 101.46 CL Distribution Gross Amount Description 131 -13 -5724 101.46 1 EA 9SI92298A HPLASER7ET 98 TONER CARTRIDGE PO Liquidation Amount 131-13-5724 101.46 Claim# General Description 28390 MiSC OFFICE SUPPLIES PO# Stat Contract# Invoice# 6030 C 035338 035036 GL Distribution 100 -12 -5210 PO Liquidation 100 -12 -5210 Ciaim# General Description 28392 COPY PAPER Invc Dt Cross Amount Discount Atr.t Discount Used 12/03/99 4.33 0.40 11/23/99 146.42 0.00 Cross Amount Description 150.75 1 EA MISCELLANEOUS OFFICE SUPPLIES Amount 7.50.75 PO# Stat Contract# Invoice-4 Invc Dzt Gross Amount Discount Amt Discount Used 6046 C 206234 12/08/99 837.86 0.00 GL Distribution Gross Amount Description 131 -14- 5210- -061 $37.86 30 CS #P10X9001 COPY PAPER, 8.5x11, WHITE, 20LB CC:S.AP Accounts Payable Release 5.7.4 N- APR700 Net Amount. 4.33 146.42 Net Amount 837.86 By SANDRA A {SANDRA} Jan 12, 2000 11:25am Page 24 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 PO Liquidation Amount 131 -14- 5210 -06.1 837.86 -------------------------------------------------------------------------------------------------------------_----------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 148 BPS /EAGLE (BPS /EAGLE) AP 114767 01/06/00 51.56 Claim# General Description 28391 TAX FORMS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6044 C 10548 1.2/69/99 51.56 0.00 51.56 GL Distribution Gross Amount Description 0.00 150.00 100 -12 -5440 51.56 3 EA TM -M4 1099 MISCELLANEOUS NAILER (IN LOTS OF 104) PO Liquidation Amount REPAIRS OF RADARS, LASERS, MEM20140 100 -12 -5440 51.56 0.00 65.06 Vend# Vendor Name 150.00 Bank Check# Chk Date Check Amount Sep 1573 CALIFORNIA PEACE OFFICERS ASSOC 100 -25 -5240 AP 1-14768 01/06/00 280.00 Claim# General Description 28394 CPOA MEMBERSHIP DUES RICHARD LEGARRA MICHAEL DAVIS EDWARD LOPEZ PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6060 C MEM19655 11/30/99 150.00 0.00 150.00 100 -23 -5210 MEM20139 11/30/99 65.00 0.00 65.00 REPAIRS OF RADARS, LASERS, MEM20140 11/30/99 55.06 0.00 65.06 GL Distribution 150.00 Gross Amount Description ------ ------- -- ----- ------ -- -- 100 -25 -5240 150.00 1 EA MEM19GSS 2000 ANNUAL CPOA MEMBERSHIP DUES 100 -25 -5240 1-30.00 2 EA MEM2O129 AND MEM20140 CPOA MEMBERSHIP DUES PO Liquidation Amount 100 -25 -5240 220.00 vend# Vendor Name Barak Check# Chk Date Check Amount Sep 2388 CO'24iNICATIONS SYSTEMS SERVICES AP 17.4769 01/06/06 150.00 Claim# General Description 28393 TECH SRV TIME PO# Stat Contract# invoice# 3nvc Dt Gross Amount Discount Amt Discount Used Net Amount 5567 0 171625 12/13/99 150,00 0.00 150,00 GL Distribution Gross Amount Description 100 -23 -5210 150.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2400 * * ** SERVICE AND REPAIRS OF RADARS, LASERS, AND MOTORCYCLE HELMET RADIO SYSTEM PO Liquidation Amount 100 -23 -5210 __--_------°__---------_°_-___....----------------------------------------------------------------------- 150.00 ------ ------- -- ----- ------ -- -- CCS.AP Accounts Payable Release 5,7,4 N *APR700 By SANDRA A (SANDRA) Tan 12, 2000 11:25am Page 25 C1,rcck History. Funk AP Check Dates 00 /00 /00 to 99/99/99 Check##'s 114686 to 114808 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4332 DAVID GONZALES AP 114770 01/06/00 64.70 Claim;# General Description 28395 RETMB MONTHLY EXPENSE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/23/99 64.70 0.00 64.70 GL Distribution Gross Amount Description 150 -00 -2172 64.70 MONT:3LY EXPENSE Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4728 ELIDA SANDOVAL AP 114771 01/06/00 4.00 Claim# General Description 28397 REFUND SR TRIP (CHRISTMAS SHOPP1NC) PO# Stat Contract# Invoice# Invc Dt Cross Amount Discount Amt Discount Used Net Amount 0 12/30/99 4.00 6.06 4.66 GL Distribution Gross Amount Description 154- 00-2169 4.00 REFUND Vend# Vendor Name Bank Check# Chk Hate Check Amount Sep 3767 EVA DOMINGUEZ AP 114772 01/06/00 4,00 Claim# General Description 28396 REFUND SR TRIP PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/30/99 4.00 O.GO 4.00 GL Distribution Gross Amount Description 150 -00 -2169 4.00 REFUND Vend#6 Vendor Name Bank Check# Chk Pate Check Amount Sep 4632 GLORIA LUCIANO AP 114773 41/06/00 4.00 Claim## General Description 28400 REFUND SR TRIP PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/30/99 4.00 0.00 4.00 GL Distribution Gross Amount Description 150 -00 -2169 4.00 REFUND CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) .Ian 12, 2000 11:25am Page 26 Check History- Bank AP Check Dates CO/CC/00 to 99/99/99 Check #'s 114686 to 114808 --------------------------------------------------__--____---.-__-------------------------------------- -------- -------- -------- -- -___ Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 391 GTE CALIFORNIA AP 114774 01/06/00 40.55 Claim# General Description 28398 MCNEITA, MANOR ACCT #012.412110132638709 PC# Stat Contract;# Invoice# Invc Dt Gross Amount Discount Aunt Discount Used Net Amount 5726 0 0 12/13/99 0.00 0,003 0.00 GL Distribution Gross Amount Description 102 -.42- 5430 -014 0.00 1 EA * * ** ANNUAL PURaIASE ORDER FOR FISCAL YEAR 1999 -2000 *— PAX MACRINE, ____ -_ _--.___________________..___----------------------------------------------------------- Vend# Vendor Name Amount - HOUSING AUTHORITY _______.- ___._--- _- _- .- _ - -___- -- -_____ Hank Check# Chk Date Check Amount Sep Claim## General Description 28399 HOUSING DIV ACCT #011412110107520101 PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 0 12/13/99 40.55 0.00 40.55 GL Distribution Gross Amount Description 102 -42- 5430 -014 40.55 FAX 337 -2960 ____ -_ _--.___________________..___----------------------------------------------------------- Vend# Vendor Name Amount Bank Check# _______.- ___._--- _- _- .- _ - -___- -- -_____ Hank Check# Chk Date Check Amount Sep 4266 H.C. ASSOCIATES 185.00 AP 114776 AP 114775 C1 /96/00 4,546.83 Claim# General Description 28401 ENGINEERING SRV - -DEC '99 PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 009 22/30/99 4,546.83 0.00 4,546.83 GL Distribution Cross Amount Description 100 -52 -5000 4,546.83 DEC SRV LARGE BULK EVIDENCE (_3R98- 05356) Vend# Vendor Name Amount Bank Check# Chk Date Check Amount Sep 3842 HALBERT BROTHERS, INC. 185.00 AP 114776 01/06/00 185.00 Claim# General. Description 28402 STORAGE -LG BULK EVIDENCE (DR98- 05356) PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt. Discount Used Net Amount 6062 C 5000122 -IN 11/30/99 185,00 0100 185.00 GL Distribution Gross Amount Description 100 -24 -5210 185.00 1 EA STORAGE OF LARGE BULK EVIDENCE (_3R98- 05356) PO Liquidation Amount 100 -24 -5210 185.00 ---------------------------------------------- Vend# Vendor Name .._----------------------------------------------------------------.-------------------- Bank Check# Chk Date Check Amount Sep 1179 INLAND EMPIRE STAGES, LTD. AP 114777 01/06/00 13,356.00 Claim# General Description 28403 SR CITIZEN TRIP (SAN FRANCISCO) PO# Stat Contract# Invoice ## Invc Dt Gross Amount 092399 09/23/99 13,356.00 GL Distribution Gross Amount Description 150- CO-2169 13,356.00 SR TRIP CCS.AP Accounts Payable Release 5.7.4 N *APR700 Discount Amt Discount Used Net Amount 0.00 13,356.00 By SANDRA A {SANDRA) San 12, 2000 11:25am Page 28 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 114686 to 114808 Vend# Vendor Name Bank Check# Chk Date Check Amount. Sep 2224 JESSIE AL`JAREZ AP 114778 01/06/00 4.00 Claim## General Description 28404 REFUND SR TRIP PC# Stat Contract# invoice# -Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/30/99 4.00 0.00 4.60 GL Distribution Gross Amount Description GL Distribution Gross Amount 150 -00 -2269 4.00 REFUND SR TRIP 131 -13 -5724 _-___-___-.°_____°_--------------------------------------------------------------------------------- Vend# Vendor Name ROBOTICS PAXMODEM --- -- -------- Bank Check# -- - - -- — ----- -- - - - - -- Chk Date Check Amount Sep 510 JET RESEARCH LAB INC AP 114779 01106100 5566.68 Claimi# General Description 28405 EXTERNAL MODEMS PO# Stat Contract# Invoice# 32203 GL Distribution 131 -13 -5724 Claim# General Description 28406 CABLE PO# Stat Contract# Invoice## 32111 GL Distribution 131, -13 -5'724 Claim# General Description 28408 56K INT CTS ROBOTICS FAXMODEM Invc Dt Gross Amount 12/07/99 301.78 Gross Amount DescriDtion 301.78 EXTERNAL MODEMS invc Dt Gross Amount 11/30/99 51.22 Gross Amount Description 51.22 CABLE Discount Amt Discount Used Net Amount 0.00 301.78 Discount Amt Discount Used Net Amount 0.00 51.22 PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 32215 12/08/99 213.68 0100 213.68 GL Distribution Gross Amount Description 131 -13 -5724 213,68 ROBOTICS PAXMODEM ---- ---- ---------- ---- - -- --- --------°'----`°_--__-_°_-------------___----___°_--_.._.._-___-__-_------_----- Vend## Vendor Name Sank Check# -�- -'---- ------------ -- -- --- Chk Date Check Amount Sep 526 KEYSTONE UNIFORMS AP 114780 01/06/06 206.87 Claim## General Description 28409 UNIFORMS PO4 Stat Contract## invoice# .Invc of Gross Amount Discount Amt Discount used Net Amount 5520 0 99051 12/27/99 206.67 0.00 206.87 G1, Distribution Gross Amount Description 100 -.25 -5210 206.87 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** POLICE DEPARTMENT UNIFORMS AND SUPPLIES PO Liquidation Amount 160 -25 -521{] 206.87 ___..---------------------`---- - ---`---`----------------- - - ---- — ------......--`--`-----`---------------- ____`--- -- --------- ------ - --- -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA} Jan 12, 2000 11:25ari Page 29 Check History. Bank AP Check Dates Oo /o0 /00 to 99/99/99 Check #'s 114686 to 7.7.4808 --- ----- --- --- - - ---- -.___ ..---------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 588 L.A. CO. Si4ERIFF'S DEPT. AP 114781 01/66/00 801.12 Claim# General Description 28411 ARRESTEE PROCESSING FEES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Attit Discount Used Net Amount: 5510 0 22562 12/22/99 801,12 a.Do 801.12 GL Distri.hution Gross Amount Description 100 -23 -5000 801.12 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 - 2000 * * ** BOOKING FEES PO Liquidation Amount 1DD -23 -5000 801.12 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2833 LILLIAN MELENDEZ AP 114782 01/06/00 8.00 Claim# General Description 28412 REFUND SR TRIP PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 22/30/99 8.00 0.00 8.DD GL Distribution Gross Amount Description GL Distribution Gross Amount 150 -nD -2169 8100 REFUND 100 - -25 -5210 Vexed# Vendor Name 1 EA 0300830004 BIKE PANTS Sank Check# Chk Date Check Amount Sep 573 LONG BEACH UNIFORM CO., 1NC, 45.95 AP 114763 01/06/00 147.11 Claim## General Description 28410 BIKE PANTS /SHORTS PO# Seat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6067 C 286115 12/01/99 147.11 0.40 147.11 GL Distribution Gross Amount Description 100 - -25 -5210 101.16 1 EA 0300830004 BIKE PANTS 100 -25 -5210 45.95 1 EA 0901880004 BARRIER SHORTS PO Liquidation Amount 100 --25 -5210 147.11 Vend# Vendor Name Rank Check# Chk Date Check Amount Sep 3774 MARIA VALENZUELA AP 7.14784 01/06/60 4.00 Claim# General Description 28413 REFUND SR TRIP PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/30/99 4.00 0.00 4.DQ GL Distrib�:tien Gross Amount Description 150 -00 -2169 4.c0 REFUND CCS.AP Accounts Payable Release 5.7.4 N- APR700 By SANDRA A (SANDRA) San 12, 2000 11:25am Page 30 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 114686 to 114808 Vend# Vendor Name Bank Check# Chk Date Check. Amount Sep 2226 MARIA 'VELASCO AP 114785 01 /06/00 4.00 Clain# Genera? Description 26414 REFUND SR TRIP PO# Stat Contract# Invoice;; Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/30/99 4.00 0.00 4.00 GL Distribution Gross Amount Description GL Distribution Gross Amount 15D -DO -2164 4.00 REFUND 100 -00 -2204 Vend# Vendor Name JAN PREM #24 &25 Sank Check# Chk Date Check Amount Sep 195 P.E.R.S. ATTN: HEALTH BENEFITS 70,109.85 AP 1 14786 01/06100 72,453.99 Claim# General Description 2.8415 JANUARY PREMIUM 20D6 PP #24 &25 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/06/00 72,453.99 O.DO 72,453.99 GL Distribution Gross Amount Description 100 -00 -2204 2,344.14 JAN PREM #24 &25 100 -00- 2304 70,109.85 JAN PREM #24 &25 Bank Check## Chk Date Check Amount Sep Vend# Vendor Name Bank Check# Chk bate Check Amount Sep 4012 PC CASTLE, INC. AP 114787 01/06/00 139.64 Claim# General Description 28433 MOTHERBOARD PO# Stat Contracts# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 2942 12/16/99 139.64 0.00 139.64 GL Distribution Gross Amount Description 131 -13 -5724 139.64 MOTHERBOARD Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 2441 PHONE -BY AP 1'!4788 01/06/00 145.00 Claim# General Description 28407 PROGRAM NIG14T ONE ON CON90LR PO# Stat Contract# Snvoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 37082 12/02/99 145.00 0,00 145.00 GL Distribution Gross Amount. Description 131 -14 -5540 -664 245,00 PROGRAM TRUNK 1 -------------------------------------- ------------------------------------------------------------------------------------------------ CCS.AP Accounts Payable Release 5.7,4 NWAPP700 By SANDRA A {SANDRA) Jan 12, 2000 11:25am Page 31 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 Vend# vendor Name Bank Check# Chk Date Check Amount Sep 734 RASCO AP 114789 01/06/00 312.64 Cla3.m# General Description 28423 JR POLICE FOIL BADGES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6059 C 4067 12/15/99 312.64 0100 312,64 GI, Distribution Gross Amount Description GL Distribution Gross Amount 100 -23 -5210 312.64 5 PKS JR. POLICE FOIL BADGES {1,000 PER PACK) 130 -58 -5270 PO Liquidation Amount FCR FISCAL YEAR 1999 -2000 * * ** FORD POLICE 100 --23 -5210 313.1D ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Amount Eank Check# Chk Date Check Amount Sep 3494 RAY ANDREW'S FORD 130 -58 -5270 AP 114790 01/06/00 216.51 Claim# General Description 28417 AUTO REPAIRS PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5456 0 FOCS53943 10/26/99 216.5! 0,00 216.51 GL Distribution Gross Amount Description 130 -58 -5270 216.51 I EA * * ** ANNUAL PURCHASE ORDER FCR FISCAL YEAR 1999 -2000 * * ** FORD POLICE PO Liquidation UNIT PARTS AND REPAIRS PC Liquidation Amount 168.00 130 -58 -5270 216.51 - -------------------------------------- „---`----`-----'-`--------------------------- Bank Check# ----------------- "----------------------------------------------------_-_____--....___-----_-,_..--------------------'------``-----`-`--_- Vend# Vendor Name 4763 RICHARD FLOOD Bank Check# Chk Date Check Amount Sep 3964 REGENCY PET HOTEL AP 7.14791 01/06/OD 168.00 Claim# General Description 28422 ROOM C}IARGE- POLICE DOG PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6061 C 62701 12/01/99 168.90 0.00 168.00 GL Distribution Gross Amount Description 100 -23 -52:0 168.00 1.2 EA 3113 ROOM CRARGE FOR POLICE SERV3CE DOG PO Liquidation Amount 100 -23 -5210 168.00 ------------------------------------------------------ Vend# Vendor Name - -------------------------------------- „---`----`-----'-`--------------------------- Bank Check# Chk Date Check Amount Sep 4763 RICHARD FLOOD AP 11_4792 01/06/00 8.00 Claim# General Description 28420 REFUND SR TRIP POP Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/30/99 8.00 p.00 8.00 GL Distribution Gross Amount Description 150 -00 -2169 8.00 REFUND CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) San 12, 2000 lli25am Page 32 Check History. Bank AP Check Dates 60/00/00 to 99/99/99 Check #'s 114686 to 114808 Vend# Vendor [lame Bank Check# Chk Date Check Amount Sep 1162 RICK VASQUEZ AP 114793 01/06/00 30.00 Cl.ai.m## General Description 28418 BANNERS BREAKFAST W /SANTA PO# Stat Contract# Invoice„ Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 1.2/28/99 30.00 0.00 30.00 GL Distribution Gross Amount Description 14555 150 -00 -2172 30.00 BANNERS 55.00 vend# Vendor Name 11/24/99 55.00 Bark Checks# Chk Date Check Amount Sep 3601 RIVERSIDE CO FAIR & NATIONAL DATE FESTIVAL AP 114794 01106100 183.50 Claim# General Description 28419 TICKETS -SR TRIP PO#j Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/28/99 183.50 0.00 183.50 GL Distribution Gross .Amount Description 14555 150 -00 -2169 1-83.50 TICKETS 55.00 Vend# Vendor. blame 11/24/99 55.00 Bank Check# Chk Date Check Amount Sep 2256 ROYAL COACHES AUTO BODY 19725 AP 114795 01/06/00 220.00 Claim# General Description 28416 TOWING SERVICE poi Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5458 D 14227 11/01/99 55.00 0.00 55.00 14555 11/18/99 55.00 0.00 55.00 14569 11/24/99 55.00 0.00 55.00 19725 11/29/99 55.00 0.00 55,00 GL Distribution. Gross Amount Description 130 -58 -5270 220.00 1 EA -- ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** COLLISION DAMAGE RF,PAIRS PG Liquidation Amount 1.30 -59 -5270 220.00 __.___-------- ------ __-- __.._.---- Vend# Vendor Name - - - - -- ---------------------------------------------------------------------------------------------- Sank Check# Chk Date Check Amount Sep 4245 RUBEN RAVAGO AP 114796 01/06/00 6100 Claim# General Description 28421 REFUND SR TRIP PO# Stat Contract# invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount D 1.2/30/99 8.00 D.00 8.00 GL Distribution Gross Amount. Description 150 -00 -2169 8°00 REFUND CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) jan 12, 2000 11:25am Page 33 Check History. Dank AP Check. Dates 00 /00 /GO to 99/99/99 Check #'s 114686 to 114606 ------------- --------- -------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Dank Check# Chk Date Check Amount Sep 996 SO. CALIFORNIA EDISON AP 11.4797 01/06/00 221.84 M ai.m# General Description 28427 94629 INSTALL LG TO T('- 1 /LS -3 RULE 15 CIF 853 14201 1/2 CLARK AV PO# Stat Contract# Invoice#,' Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6076 C 0 10/14/99 221.84 0.010 221.84 GL Distribution Gross Amount Description 114 -53- 5020 - 653 221.84 1 EA REPLACE AND INSTAL!, LIGHT AT 14201 1/2 CLARK AVENUE PO Liquidation Amount PUBLIC BUILDINGS AND FOR ALL PARK FACILITIES 127 -57 -5433 114 -53 -5020 -853 221.84 PO Liquidation Vend## Vendor Name Funk. Cheek# Ch'k Date Check Amount Sep 2773 SOUTHERN CALIFORNIA EDISON COMPANY AP 114798 01.106100 16,63=.37 Claim„ General Description 28428 ENTGERGY USE PARK MAINT (NOV /DEC) PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5324 0 0 12/17/99 16,634.37 0.00 16,634.37 GL Distribution Gross Amount Description 100 -57 -5433 16,634.37 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ENERGY FOR PUBLIC BUILDINGS AND FOR ALL PARK FACILITIES 127 -57 -5433 0.00 1 EA ** DISTRIBUTTON OF COS - PO Liquidation Amount 100 -57 -5433 16,634.37 Vend## Vendor. Name Bank Check#} Crk Date Check Amount Sep 2605 SPILL-MAN TECHNOLOGIES, INC. AP 114799 01/06/00 80,677.00 Claim# General Description 2751.1. INSTALLATION FOR ROVER POi4 Stat Contract# Invoice'# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4948 C 9230 06/08/99 0.00 0.00 0.00 GL Distribution Gross Amount Description 137 -26 -5745 0.00 1 EA "* ** ANNUAL PURCKASE ORDER FOR FISCAT, YEAR 1998 -1999 * * ** PURCPMSE, INSTALLATION, LICENSINC, TRAINING, AND MAINTENANCE OF SPILLMAN SOFTWARE ;ROVER) AND MDC HARDWARE Claim# General Description 28424 INSTALLATION OF ROVER PO# Stat Contract# Invoice$# Invc Dt Gross Amcunt Discount Amt Discount Used Net Amount. 6081 C 9230 06/06/99 80,677.00 0.00 80,677.00 GL Distribution Cross Amount Description 137-25 -5745 80,677.00 1 EA INVOICE #9230, INSTALLATION OF ROVER "MDC" SOFTWARE PO Liquidation Amount 137 -25 -5745 80,677.60 CCS.AP Accounts Payable Relea -se 5,7.4 N *APR700 By SANDRA A (SANDRA) Sian 12, 2000 11:25am Page 34 Check. History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114686 to 114808 Tend# Vendor Name Bank Check# Chk Date Check Amount Sep 1874 ,SUN BADGE COMPANY AP 114800 01/06/00 696.91 Claim# General Description. 28425 BADGE SUPPLIES /NAME TAGS PO# Stat. Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Nei: Amount 5496 0 i14.583 11/10/99 696.91 0.00 696.91 GL Distribution Gross Amount Description 100 -21 -5210 696.91 1 BA * * ** ANWAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** BADGE SUPPLIES AND NAME TAGS PO Liquidation Amount 100 -21 -5210 666.74 Vend# Vendor Name Bank Check;.= Chk Date Check Amount Sep 248 SUSAN SAXE- CLIFFORD,PH.D AP 114601 01106/00 650.00 Claim# General Description 28426 PROFESSIONAL SRV RENrJF,RED PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount: used Net Amount 5527 0 9- 1215 -1 12/15/99 650.00 0.00 650.00 GL Distribution Gross Amount Description 100 -25 -5000 650.00 1 EA * * ** A=. AL, PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PSYCHOLOGICAL EVALUATIONS PO Liquidation Amount 100 -25 -5000 650.00 Vend.# Vendor Name Hank Check# Chk Date Check. Amount Sep 852 TAD MIMURA AP 114802 01/06/00 126.87 Claim# General Description 28430 REIMD MONT14LY EXPENSE PC# Star Contract# Invoicei: Invc Dt Gross Amount Discount Art Discount Used Net Amount 0 12/29/99 126.87 0.00 126.87 GL Distribution Gross Amount Description 120 -43- 5320 -030 126.87 REIMS MILRAGE --------------------------------------- --......__-- Vend# Vendor Name _-------- -- `- - -_ --- -_-'--'-------'-----_.._.._...._..____.-....-------------------------------- Bank Check# Chic Date Check Amount. Sep 4764 TOT ST, PETER AP 114803 01106100 8.40 Claim# General Desc,riat..i.on 28434 RBPT)ND SR TRIP PO# Stat Contract# Invoice', Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/06/00 8100 0100 8.00 CL Distribution Grass Amount Description 150 -013 -2169 8.00 REFUND CCS.AP Accounts Payable Release 5.7.4 N *APk700 By SANDRA A (SANDRA) San 12, 2000 11;25am Page 35 Check History. Bank AP Check Dates 00 /00 /CO to 99/99/99 Check #'s 114686 to 114808 Vend# Vendor Name Bank Check#i Chk Pate Check Amount Sep 397 U.S. OFFICE PRODUCTS AP 114804 01/06/00 216.39 Claim# General Description 28432 COMPUTER PAPER PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount A-mt Discount Used Net Amount 6048 C OIAQ7650 12/07/99 216.39 0100 216.39 GL Distribution Gross Amount. Description 0100 520.47 100 -12 -5210 216.39 10 CTN 4UNV -15807 CONTINUOUS FEED COMPUTER PAPER, 9.5x11, 20LS, 2300 PER 0.00 475.27 CARTON 7209 PO Liquidation Amount 0.00 81.13 100 -12 -5210 216.39 Gross Amount Description ----------------------------------------------------- Vend# Vendor Name -------------------------------------------------------------------- ------------ Bank Check# Chk Date Check Amount Sep 4706 UNIFORM EXPRESS LTD INVOICE #7299 (UNIFORM /SUPPLY / EQUIPMENT} AP 114805 01/06/00 1,076.87 Claim# General Description 28431 UNIFORMS /SUPPLIES/ EQUIPMENT PG# Stat Contract# Invoice4 Invc Dt Gross Amount Discount. Amt Discount Used Net Amount 6068 C 7211 11/26/99 520,47 0100 520.47 7210 12/26/99 475.27 0.00 475.27 7209 12/26/99 81.13 0.00 81.13 GL Distrihution Gross Amount Description 100 -25 -5210 81.13 1 EA PAYMENT OF INVOICE #7299 (UNIFORM /SUPPLY / EQUIPMENT} 100 -25 -5210 475.27 1 EA PAYMENT OF INVOICE 472...1O (LTNIFOR.M/ SUPPLIES /EQUIPMENT} 100 -25 °5210 520.47 1 EA PAYMENT OF INVOICE #7211. (UNIFORM /SUPPLIES / EQUIPMENT) PO Liquidation Amount 100 -25 -5210 -- -- 1,076.87 ---- - -------------------- Vend# Vendor Name ------------ ----- ------ ------ -- - -- -._. ._- _..___ ______ -_______----____-___-__--__-_.._______----- Bank Check# Chk Date Check Amount Sep 1858 UNITED PARCEL SERVICE AP 114806 01/06/00 14.02 Claim# General Description 26435 SHIPPING CHARGE (LAN SWITCH -D.P.) PO# Stat Contract# invoice# Invc Dt Gross Amount Di.seount Amt Discount Used Net Amount O 01/06/00 14.02 7.4.02 GL Distribution Gross Amount Description 131- -13 -x724 14.02 LAN SWITCH Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 864 PERS-RETIREMBNT AP 114807 01 /10/00 1,197.40 Claim## General Description 28441 RETIREMENT #24 SUPPLEMENTAL P /E: 11/27/99 SVC, PER: 11 -99 -4 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount. Amt Discount Used Net Amount 0 01/10/00 1,197.40 1,197.40 GL Distrihution Gross Amount Description 100 -00 -2205 1,1-97.40 #24 P /E: 11/27/99 ------____-°-------------------------------------------------------°_-______...-___ ____________________- _____ - - - -- ----- -..._____ CC.S.AP Accounts Payable Release 5.7.4 N *APR700 Sy SANDRA A ;SANDRA) ;an 12, 2000 11:25am Page 36 Check History. Bank AP Check Dates 06/00/00 to 99/99/99 Check. #'s 11.4685 to 1149:78 Vend# Vendor Name Bark Check# Chic Dace Check Amount Sep 4758 ST JOSEPH SCRT.P AP 114808 01/10/00 355.00 Claim# General Description 2849.2 GIFT CERTIFICATES FMPLOYEE RE(-'GGNTTICN DINNER PG# Stat Contract# Invo.i.ce# Tnvc Dt Gross Ameunt Discount Amt Discount Used Net Amount 0 01/10/00 355.00 355.00 GL Diwt.ribw7,ion Gross Amount Description 100 °81 -5090 355.00 GIFT CF,R1`IFTCATFS Paid Checkse Check Count Check Total PC Liquidation Total Backup Withholding Total void Checks: Check Count Check Total PC Liquidation. Total Backup Withholding Total Blank pages purposely omitted: Ilion- issued "VOID" checks: 13, 27 114688 775, 86.5.43 114719 233,723.22 114743 o. Go 114752 1147.58 0 a.GG 6.96 a.aa CCS.AP Accounts Payable Re "ease 5.7.4 N *APR700 By SANDRA A !SANDRA) CITY OF BALDWIN PARK BALDWIN P A R K CITY COUNCIL AGENDA JAN 19 2000 1 T � G S�,i p TO: Mayor and City Council FROM: Day le Keller Interim Chief Executive Officer---),,X- DATE: January 19, 2040 SUBJECT: Second Reading and Adoption of Ordinance No, 1155 — Amendments to the Municipal Code Relating to Commission Qualifications PURPOSE The purpose of this report is to request City Council approval to adopt Ordinance No. 1155 on second reading. BACKG ROUNDIDISCUSSION Ordinance No. 1155 was introduced and approved for first reading at the City Council meeting held January 5, 2000. At that time, Councilman Pacheco requested that Section 4 (A) of the ordinance be corrected to read "Recreation /Community Services Commission. Per Councilman Pacheco's request, a copy of the Municipal Code sections amended by this ordinance, are attached. Please note, Ordinance No. 1133, adopted August 19, 1999, (copy attached) approved a name change of the Human Services Commission to Recreation /Community Services Commission. Since Ordinance No. 1133 is in the process of being codified, you will note that Section 32.35 reads Human Services Commission. Once codified, the title will read, Recreation /Community Services Commission. RECOMMENDATION It is recommended that the City Council: + Adopt on second reading, Ordinance No. 1155 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE III, CHAPTER 32, OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO CITY COMMISSIONS ", read by title only and waive further reading thereof. Report prepared by: Rosemary M. Ramirez, Deputy City Clerk ORDINANCE NO. 1155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE III, CHAPTER 32, OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO CITY COMMISSIONS WHEREAS, it is the intent of the council to encourage individuals to apply for positions on city commissions; and WHEREAS, in an effort to provide greater'opportunities for individuals to seek appointment to city commissions, it is the desire of the City Council to implement a policy that would restrict a commission member from holding public office as an elected official at the time of appointment or anytime during the term of office as a commissioner. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ,DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 32.08 of the Baldwin Park Municipal Code is hereby amended as follows: Section 32.08 VACANCIES. (A) Whenever a vacancy occurs on any city commission, the vacancy shall be filled in the manner set forth in §32.01. Where a vacancy occurs leaving an unexpired term, the subsequent appointment shall be made for the balance of the unexpired term. (B) Except for the removal of a commission member as provided in §32.09, or vacancy due to absence as provided in §32.05, notwithstanding the expiration of the term of a commission member, the member shall continue to serve as such, until his successor is appointed and qualified. SECTION 2. That Section 32.11 is hereby added and shall read as follows: Section 32.11 QUALIFICATIONS. (A) Commission members shall be qualified residents of the City at the time of their appointment and at all other times during their term. (B) Commission members shall not hold public office as an elected official at the time -of their appointment or at any other time during their term. SECTION 3. That Section 32.21 of the Baldwin Park Municipal Code is hereby amended to read as follows: Ordinance No. 1155 - Page 2 HOUSING COMMISSION Section 32.21 MEMBERSHIP. (A) The Housing Commission shall consist of seven members who shall be . designated as Commission Office Nos. 'I through 7 respectively. (B) Commissioners Nos. 6 and 7 shall be persons who are tenants of the authority. Commissioner No. 7 shall be over 62 years of age if the authority has tenants of such age. Tenant Commissioners shall have all the powers, duties, and privileges as any other Commissioner. SECTION 4. That Section 32.26 of the Baldwin Park Municipal Code is hereby amended to read as follows: RECREATION /COMMUNITY SERVICES COMMISSION Section 32.26 MEMBERSHIP. (A) The Recreation /Community Services Commission of the city shall consist of seven members, five of who shall be designated as Commission Office Nos. 1 through 5 respectively. (B) Two members shall be designated to Commission Office Nos. 6 and 7 respectively; and (1) Shall be over the age of 16 years, and less than 19 years of age during their terms of office; (2) One member shall be a student at Baldwin Park High School, the other member shall be a student at Sierra Vista High School at the time of their appointments; (3) No person shall be appointed to Offices 6 or 7 unless the principal of his/her high school has certified his/her eligibility for the appointment. Certification shall only be made after an appropriate selection process has been observed, involving as a part thereof, the wishes of the student body of each high school as to appropriate candidates. SECTION 5. That Section 32.66 of the Baldwin Park Municipal Code is hereby amended as follows: PLANNING COMMISSION Section 32.66 MEMBERSHIP. The Planning Commission of this city shall consist of a total of five members. SECTION 6. That this ordinance shall become effective 30 days after adoption and shall apply to all appointments made after the effective date of said Ordinance. Ordinance No. 1155 - Page 3 SECTION 7. That the City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. APPROVED and ADOTPED this 19th day of January, 2000. --- 4�-7- Mayor Manuel ano ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF BALDWIN PARK I, Rosemary M. Ramirez, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first'reading at a regular meeting of the City Council on January 5, 2000. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on January 19, 2000, by the following vote: AYES: COUNCILMEMBERS: Linda Gair, Marlen Garcia and Mayor Pro Tern Van Cleave NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS: Ricardo Pacheco and Mayor Manuel Lozano None None Rosemary M. Rart&4 )Deputy City Cleric CITY WUNCIL AGENDA r r CITY OF BALDWIN PARK STAFF RFf 9% BALDWIN TO: Mayor and City Council ITEM NC. FROM: Shafique Naiyer, Interim Director of Public Works .Ar DATE: January 19, 2000 SUBJECT: AWARD OF CONTRACT FOR THE TRAFFIC SIGNAL AT BALDWIN PARK BOULEVARD AND CLARK STREET, CIP 853 PURPOSE This report requests that the City Council award a construction contract to L.A. Signal, Inc. for the installation of a new traffic signal at Baldwin Park Boulevard and Clark Street. BACKGROUND On April 19, 1999, the Traffic Safety Committee reviewed staff's investigation and based upon the warrants, the Committee approved the installation of a new traffic signal at the subject location. Subsequently, staff engaged DKS & Associate to prepare plans, specifications and cost estimate. At the December 1, 1999, meeting the City Council approved the plans and authorized staff to advertise and solicit bids for the project. DISCUSSION In accordance with the provisions of the Government Code, the Notice Inviting Bids was published and four (4) bids were opened and declared publicly on December 22, 1999. A Summary of the bids is attached for City Council's review. L.A. Signal, Inc. is the lowest responsible bidder who has performed satisfactorily on traffic signal projects for other municipalities including the cities of Temecula, Dana Point,. Cerritos and Baldwin Park. FISCAL IMPACT This project is part of the Capital Improvement Program for FY99 /00 and Gas Tax funds in the amount of $100,000 were set aside for the construction phase of this project. RECOMMENDATION It is recommended that the City Council: 1. Award the contract to L.A. Signal, Inc. in the amount of $93,357 for the project and authorize the Mayor to execute the attached Agreement; and 2. Authorize the Interim Director of Public Works to execute any change orders necessary in an amount not to exceed five (5 %) percent of the original contract amount. REPORT PREPARED BY Nadeem Syed Associate Engineer SN /NS /vv 0,l wpdocslstaffrptlstefrptslstfoI'1 S. ns K ATTACHMENT "XI -• &WI&I Nl_1:�'1 Project: New Traffic Signal at Baldwin Park Boulevard and Clark Street, CIP 853 Bids Opened: 11:00AM, December 22, 1999 CONTRACTORIBIDDER L.A. Signal, Inc. California Electrical Services Steiny & Company Transtech Engineering c: 5wpdocsistaffrpttstafrptslstfol -19. ns .i3 BID AMOUNT $93,357.00 $101,940.00 $102,507.00 $110,828.00 XV111. AGREEMENT This Agreement (hereafter "Agreement ") is made and entered into by and between the City of - Baldwin Park, a general law city (hereafter "City ") "Contractor "). WITN�SSETH: The parties hereto agree as follows: SECTION 1. Recitals. This Agreement is made and entered into with respect to the following facts: (a) That City has heretofore solicited sealed public bids for C1P 853, installation of Traffic Signal at the Intersection of Baldwin Park Boulevard and Clark Street (hereafter "Project "); and (b) That Contractor has submitted a timely bid proposing to accomplish the work and material required for said Project; and (c) That the City Council of City has determined, in accordance with all applicable laws, that Contractor's said bid constitutes the lowest responsible bid and has awarded said bid to said Contractor; and (d) That Contractor is fully qualified to perform the work required to complete the Project, and has agreed to do so upon the terms set forth in this Agreement; and (e) That the City Council has determined that the public interest, convenience and necessity require the execution of this Agreement. SECTION 2. Contract Documents. The Contract Documents, are as set forth in Exhibit A hereto, which are incorporated herein by reference and made a part of this Agreement as though set forth in full. Any discrepancies or ambiguities between Contract Documents shall be resolved by the City Engineer. SECTION 3. Work. Contractor agrees to perform all work, and supply all material, necessary and convenient to cause the Project to be timely completed in accordance with the Contract Documents, SECTION 4. Change Orders. Change orders shall be approved only in accordance with the following: (a) City shall notify the Contractor of all pertinent data and a description of the addition or deletion; and 28 (b) Contractor shall submit to City in writing, tern (10) days in advance, a quotation of the increased price for items added, if any, or decrease for items of work proposed to be deleted. If the parties agree upon the terms of a change order, it shall be reduced to writing and executed by the parties hereto. Quotes for items of work added or credits for items of work deleted shall be based upon the Contractor's Bid Proposal for the, same or similar items of work set forth therein, provided such costs shall be adjusted to take into account any cost of living adjustment, based upon cost of living calculations issued for the Los Angeles_ Anaheim area by the U.S. Department of Labor. The method of payment for additional work shall be made as provided in the Contract Documents. (c) No payment shall be made for any work not included and described in the Contract Documents unless a signed change order exists authorizing the same. SECTION 5. Terra. This Agreement shall be in effect for a period of thirty (30) working days, commencing on . The term may be extended by mutual agreement of the parties hereto, expressed in a written amendment to this Agreement. SECTION ereuneie Compensation. Contractor shall accept as full compensation for his /her services 0 5a in the amounts set forth in the Contract Documents, together with any amount authorized by an approved change order. Contractor shall be entitled to progress payments in accordance with the Contract Documents. SECTION 7. Warranty. The parties hereto represent and warrant to each other that the persons executing this Agreement on their behalf are fully authorized and empowered to enter this Agreement and that no consent or approval from any other person, group, or entity is nec-essary to the enforceability of this Agreement. SECTION 8. Bindinq Effect. This Agreement and each and every covenant, condition and term herein, shall be binding upon an inure to the benefit of the respective successors in interest to the parties to this Agreement. SECTION 9. Severabilit . If any term, condition or covenant of this Agreement, or the application hereof to any person or circumstance shall be invalid or unenforceable, the remainder of this Agreement, other than those paragraphs held invalid or unenforceable, shall be unaffected thereby and each remaining term, covenant or condition of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. SECTION 10. Indemnity. Contract does hereby indemnify and hold the City, it's appointed and elected officials, agents and employees free and harmless from any claim, demand or judgment arising out of the activities of Contractor's officers, agents or employees in performing services pursuant to this Agreement. SECTION 11. Insurance. Notwithstanding the provisions of this paragraph relating to required insurance coverage, Contractor's indemnity obligation set forth in Section 10 of this Agreement shall not be deemed satisfied solely by Contractor's compliance with this Section 11. At all times during the term or any extended term of this Agreement, Contractor shall maintain in force a policy 29 or policies of liability insurance in minimum coverage, amounts and companies as approved by the City Engineer. Contractor shall maintain all insurance required by this Agreement, and by applicable law including, but not limited to, a policy of Workers' Compensation Insurance covering all his /her employees or be self - insured with respect to such Workers' Compensation in accordance with the laws of the State of California. Certificates evidencing the existence of such insurance coverage shall be fled with the City prior to the effective date of this Agreement, and correct certificates shall be maintained on file with the City Clerk during the term hereof. Each such certificate shall bear endorsements naming the City, it's elected and appointed officers, agents and employees, as additional insured on all such policies of liability insurance. Each said certificate shall also provide that the policy to which it relates shall not be materially altered or terminated except after thirty days (30) notice to City. SECTION 12. _..Liquidated Damages. The parties agree that any delay in the completion of work required pursuant to this Agreement by Contractor will result in substantial damage to City. The parties also have agreed that the nature and extent of damage to City in the event of delay in completion of such work would be difficult if not impracticable to ascertain with any degree of accuracy. Accordingly, the parties have agreed that this provision for liquidated damages is reasonable and necessary. The parties have agreed, as a part of the bid process, that the scam of $500.00 per calendar day for each day's delay in the performance by Contractor of the work hereunder, is a reasonable sum as and for liquidated damages and shall not be deemed a penalty. SECTION 13. Compliance with all Laws. Contractor does hereby agree to comply with the Baldwin Park Municipal Code and all other applicable laws. SECTION 14. Amendment. This Agreement shall not be modified except by an agreement in writing signed by both parties. SECTION 15. Assignment. This Agreement shall not be assigned, in whole or in part, by Contractor, without the prior written consent of City. SECTION 16. Notices. All notices pursuant to this Agreement shall be in writing, and shall be given by personal service upon the person to be notified or by depositing the same in the custody of the United States Postal Service or it's lawful successor, postage prepaid, addressed as followed: City: Director of Public Works City of Baldwin Park Agency 14403 East Pacific Avenue Baldwin Park, CA 91706 30 SECTION 17. Effective Date. The effective date of this Agreement shall be �1t1. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the clay and year first written above. DATED: ATTEST: :7A 31 City: City of Baldwin Park : Bye... Con ractor __— .TMGND C. GRALES J. PRESIDENT, LA SIGNAL CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 5 State of Caiifornia ss. County of LOS ANGELES On T j %(�(Q/00 _, before me, RAMON C. ARTEAGA Cate Name and Tile of officer (e.g., "Jane Doe, Notary ` personally appeared RAYMOND C. MORALES JR. Name(s) of Signer(s) 2; personally known to me ❑ proved to me on the basis of satisfactory r: evidence s� to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed t AMIONI c Mf GA the same in his /her /their authorized c t,r.� ..1 ? ?t.,. n. t, r capacity(ies), and that by his /her /their �' " jr signature(s) on the instrument the person(s), or ` L0 '' cc l the entity upon behalf of which the person(s) ;. acted, executed the instrument. my hand and official Place Notary Sea# Above V signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Number of Pages: Signer's Name: Ci Individual Top of thumb here Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ ] Signer Is Representing: L A STGNAT.- -TNC'_ --- ........ © 1 997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 99313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1. 860 -676 -8827 ■r %»I_!_IM a " 6. b.'' FROM: DATE: INTER - OFFICE MEMORANDUM Arjan Idnani, Engineering M Rosemary Ramirez, Deputy January 24, 2000 SUBJECT. January 19, 2000 - City Council Meeting Action The following action was taken by the City Council at their meeting held January 19, 2000. • Council awarded the contract to L.A. Signal Inc., in the amount of $93,357 for the installation of a traffic signal at Baldwin Park Boulevard and Clark Street, CIP 853. The Mayor was authorized to execute the agreement, and, the Interim Director of Public Works was authorized to execute any change orders necessary in an amount not to exceed five (5 %) percent of the original contract amount. Two signed originals of the agreement are attached for your review and handling. cc: Dayle Keller, Interim Chief Executive Officer CITY OUNCIL AGENDA CITY OF BALDWIN PARK STAFF 000 BALDWIN P.p,R.K ITEM NO. TO: Mayor and City Council FROM: Shafique Naiyer, Interim Director of Public Works DATE: January 19, 2900 SUBJECT: ADOPTION OF RESOLUTION AND APPROVAL OF APPLICATION FOR LOCAL APPORTIONMENT FUNDS AS ESTABLISHED BY SB821- BICYCLE AND PEDESTRIAN FUNDS PURPOSE The purpose of this report is to request that the City Council authorize staff to file an application in FY99100 for SB821 Bicycle and Pedestrian Funds. BACKGROUND AND DISCUSSION According to Article 3 of the Transportation Development Act, SB821 funds are available to cities for the development and construction of pedestrian facilities. The amount of $31,288 has been allocated to the City of Baldwin Park for FY99/00. The City will utilize these funds for the Safe- Route -to- School Program which will provide sidewalk construction around school areas and routes to schools. FISCAL IMPACT SB821 - Bicycle and Pedestrian Funds in the amount of $31,288 will be utilized for the Safe - Route -To- School Program. RECOMMENDATION It is recommended that the City Council authorize the filing of an application for SB821 Funds by adopting the attached resolution. REPORT PREPARED BY Arjan Idnani, Engineering Manager Eyi•1►s1I= c :\Wpdocs5staffrptlstetrptslstfo l -19. ai RESOLUTION NO. 2000 -03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ADOPTION OF ITS BICYCLE AND /OR PEDESTRIAN PLAN WHEREAS, SB821 provides that 2% of each County's total Local Transportation Fund be annually set aside and used to fund the development of bicycle and pedestrian facilities; and WHEREAS, the City of Baldwin Park desires to construct pedestrian facilities within their City utilizing, in part, the funds available under SB821. THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. To adopt the pedestrian facilities in conformance with the specifications of the City of Baldwin Park and state requirements; and SECTION 2. To authorize the Interim Director of Public Works, as the authorized signature and the project contract person; and SECTION 3. To apply for all funds available to the City of Baldwin Park allocated for pedestrian facilities (SB821); and SECTION 4. To maintain or cause to be maintained in safe condition, all facilities whose construction is wholly or partially funded by the requested allocation of SB821 Funds; and SECTION 5. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED on January 19, 2000. Manuel Lozano, Mayor Resolution No. 2000 -03 Page 2 ATTEST: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK I, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2000 -03 was approved and duly adopted by the City Council at its regular meeting on January 19, 2000 by the following vote: AYES: COUNCILMEMBERS: Linda Gair, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tem Van Cleave and Mayor Manuel Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Rosemary M: Rai, Deputy City Clerk .rt r TO: FROM: DATE: Arjan Idnani, Engineering Rosemary Ramirez, Deput January 24, 2000 INTER OFFICE MEMORANDUM SUBJECT: January 19, 2000 -City Council Meeting Action The following action was taken by the City Council at their meeting held January 19, 2000. • City Council adopted Resolution No. 2000 -03 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE ADOPTION OF IT'S BICYCLE AND /OR PEDESTRIAN PLAN". Two certified copies of the Resolution are attached for your review and handling. cc: Dayle Keller, Interim Chief Executive Officer IRS, BALDWIN P, A,R,K TO: Mayor and City Council FROM: Shafique Naiyer, Interim Director of Public Works Aj DATE: January 19, 2000 SUBJECT: ADOPTION OF A RESOLUTION APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 0194 AND ADMINISTERING AGENCY -STATE MASTER AGREEMENT NO. 000329 PURPOSE This report requests that the City Council adopt resolution approving Program Supplement Agreement No. 0194 and Administering Agency -State Master Agreement No. 000321 with the State of California Department of Transportation (Caltrans) for State Funded Project. BACKGROUND On January 14, 1999, the California Transportation Commission (CTC) adopted guidelines allowing the use of 1998 STIP Augmentation Funds for the rehabilitation of storm damage to local streets caused by the 1997198 El Nino Storms. MTA Board of Directors has allocated $50 million of STIP funding for storm damage repair with its adoption of the Regional Transportation Alternatives Analysis in November of 1998. The eighty -eight cities in the County of Los Angeles will receive funds for the rehabilitation of local streets. Funds have been allocated to the cities and the County of Los Angeles according to the following formula. 50% based on Population, 50% based on center line miles. With this formula, the City of Baldwin Park will receive funding in the amount of $329,000 for the street improvements, design, inspection and administration of the project. DISCUSSION On May 24, 1999, the application for funds for the design and construction of four streets was submitted to Caltrans for their approval on September 9, 1999, Caltrans authorized the City to proceed with the design and construction of these streets (See Attachment "A "). This project is part of FY1999/2000 Capital Improvement Program. However, in order to receive Caltrans Funds, Caltrans requires that the City adopt a resolution approving Program Supplement Agreement No. 0194 and Administering Agency -State Master Agreement No. 000321. FISCAL IMPACT STIP funds in the amount of $20,000 have been set a side for the design phase. STIP funds in the amount of $309,000 will be utilized for the construction phase. RECOMMENDATION It is recommended that the City Council: 1. Adopt Resolution No. 2000 -05 2. Approve Supplement Agreement No. 0194 and Administering Agency -State Master Agreement No. 000321. REPORT PREPARED BY Arjan ldnani Engineering Manager SN /AI /vv c:\wpdocg\staffrptlstafrpts\stfO 1 -19. a €2 2 ATTACHMENT "A" NAME OF LIMIT TYPE OF LENGTH STREET CONSTRUCTION Fairgrove Street Athol Street to Reconstruction 3" asphalt 947 L.F. Frazier Street over 4" Agg base Mangum Avenue Waco Street to Reconstruction 3" A.C. over 940 L.F. Fairgrove Street 4" Agg base La Rica Avenue Olive Street to Reconstruction 3" A.C, over 2,087 L.F. Joanbridge Street 4" Agg base cawpd ocsWp -s pec\dp887, rfp RESOLUTION NO. 2000 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 0194 AND ADMINISTERING AGENCY -STATE AGREEMENT NO. 000321 FOR THE IMPROVEMENT OF VARIOUS CITY STREETS WHEREAS, due to the widespread damage to local streets and road systems throughout the State of California attributable to the 1997 -1998 El Nino Storms, the California Transportation Commission (CTC) adopted guidelines allowing for the use of 1998 STIP Augmentation Funds for the repair and rehabilitation of damaged streets; and WHEREAS, on March 30, 1999, the CTC passed Resolution No. 6 -99 -09 delegating responsibility to the Director of Transportation (State) the authority to allocate funds to STIP projects on City streets and County Highways for storm damage or pavement rehabilitation; and WHEREAS, the City and the State Department,of Transportation desire to execute the Agreement to accomplish the engineering design of various City streets, Project No. RPL5323 (007). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are all true and correct and are hereby incorporated herein. SECTION 2. Program Supplement No. 0194 and Administering Agency -State Agreement Flo. 000321 is hereby approved and the mayor is hereby authorized to execute said Program Supplement. APPROVED AND ADOPTED on - - -- n nnnn Resolution No. 2000 -05 Page 2 ATTEST: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK } I, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, hereby certify that Resolution No. 2000 -05 was duly passed and adopted at a regular meeting of the City Council held on .January 19, 2000, and said Resolution was passed and adopted by the following vote: AYES: NOES: � r COUNCILMEMBERS: Linda Gair, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern Van Cleave and Mayor Manuel Lozano COUNCILMEMBERS COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS None None None Rosemary M. Wamife�2/Deputy City Clerk PROGRAM SUPPLEMENT NO. 194 Date:December 14, 1999 to Location:07- LA -0 -BWP ADMINISTERING AGENCY -STATE AGREEMENT Project Number:RPL- 5323(007) FOR STATE FUNDED PROJECTS NO. 000321 E.A. Number: 07- 4U0884 Locode:5323 This PROGRAM SUPPLEMENT, effective 10/15/1999, is hereby incorporated into the Administering Agency - State Agreement No. 000321 for State Funded Projects entered into between the ADMINISTERING AGENCY and the STATE with an effective date of / / and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is adopted in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to payment of funds encumbered to this project, it accepts and will comply with the Special Covenants and Conditions set forth on the following pages. PROJECT LOCATION: on Fairgrove St, Walnut Ave, Magnum St, & La Rica Ave TYPE OF WORK: AC Overlay & Reconstruction Estimated Cost: State Funds Matching Funds $25,000.00 STATE $20,000.00 LOCAL $5,000.00 $0.00 OTHER $0.00 CITY OF BALD'W'IN PARK STATE OF CALIFORNIA Department of Transportation By By m k wvlpt- L 0 _Z A *1' 2) Chief. Office of Local Programs Date Project Implementation Date Title % �® I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office Date $20,000.00 Chapter Statutes Stem Year Program BC Category Fund Source AMOUNT 50 1999 2660- 101 -042 99 -2000 0.30.60 S 262040 042 -T 20,000.00 Program Supplement 00- 0321 = 194 - SERIAL Page 1 of 3 o7- LA -0-BWP RPL- 5323(007) SPECIAL COVENANTS OR REMARKS 12/14/1999 1. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 2. This PROJECT is programmed to receive funding from the 1998 State Transportation Improvement Program (STIP), as amended. Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2)the effective date of the PROGRAM SUPPLEMENT, or 3)the effective date of the component specific allocation. 3. STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) anal /or the STATE. 4. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below: Funds allocated for the environmental & permits, plan specifications & estimate, and right -of -way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 12 months of the construction fund allocation and complete the construction or vehicle purchase contract within. 35 months of award. Program Supplement 00 -0321 -194- SkRIAL Page 2 of 3 o7- 1,A -0 -13 W P RPL -S 323 (007) SPECIAL COVENANTS OR REMARKS 12/14/1999 5, Upon ADMINISTERING AGENCY request, the CTC and /or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components, made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation for approved supplementary allocations, time extensions, and fund transfers between components, will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. 6. This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced publications and the following. 7. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right -of -way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. 8. All funding obligations of STATE under the conditions of this PROGRAM SUPPLEMENT are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this PROJECT. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds. Program Supplement 00- 0321 -194- "SERIAL Page 3 of 3 MASTER AGREEMENT ADMINISTERING AGENCY W STATE AGREEMENT FOR STATE FUNDED PROJECTS District 07 Agreement No. 000321 City of Baldwin Park Adminstering Agency THIS AGREEMENT, made effective this day of , 1999, is by and between the City of Baldwin Park, a city, county, or other public entity, hereinafter referred to as 'ADMINISTERING AGENCY,' the State of California, acting by and through its Department of Transportation, herinafter referred to as 'STATE.' WITNESSETH WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation facilities and ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from the State Transportation Improvement Program (STIP) or other programs as defined in the Local Assistance Program Guidelines for use on those local transportation facilities as local administered PROJECT(s), hereinafter referred to as "PROJECT"; and WHEREAS, as provided by STATE policy, said PROJECT will not receive any federal funds; and WHEREAS, STATE is required to enter into an AGREEMENT with ADMINISTERING AGENCY to delineate those certain obligations placed upon ADMINISTERING AGENCY relative to said State funding and the prosecution of said PROJECT by ADMINISTERING AGENCY. NOW, THEREFORE, the parties agree as follows: ARTICLE I - PROJECT ADMINISTRATION I. This AGREEMENT shall have no force or effect with respect to any programmed PROJECT unless and until a PROJECT - specific program supplement, adopting the terms of this AGREEMENT, hereinafter referred to as "PROGRAM SUPPLEMENT," has been fully executed by the parties. 2. The Financial commitment of STATE funds will occur only following the execution of this AGREEMENT and the subsequest execution of each applicable PROJECT - specific PROGRAM SUPPLEMENT. 3. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of State funds encumbered to the PROJECT described in the PROGRAM SUPPLEMENT, to comply with the terms of this AGREEMENT and all of the agreed -upon Special Covenants and Conditions attached to or made a part of the PROGRAM SUPPLEMENT, identifying and defining the nature of that specific PROJECT. Page I of 8 4121199 4. The PROGRAM SUPPLEMENT shall designate the ADMINISTERING AGENCY responsible for implementing the various phases of the PROJECT, the State funding program, and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE. Adoption and execution of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and STATE, incorporating the terms and conditions of this AGREEMENT into the PROGRAM SUPPLEMENT as though fully set forth therein, shall be sufficient to bind the ADMINISTERING AGENCY to these terms and conditions when performing the PROJECT. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY'S governing body and concurred in by STATE, the PROGRAM SUPPLEMENT shall be managed by the ADMINISTERING AGENCY'S governing body. 5. PROJECT shall be acquired, designed, and constructed as required in the Local Assistance Program Guidelines, such other STATE procedures as are identified in the PROGRAM SUPPLEMENT, and as is specified in this AGREEMENT. 6. Unless otherwise provided in the PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 7. The estimated cost and scope of PROJECT will be as described in the PROGRAM SUPPLEMENT and State funding participation is limited to the amounts established by STATE. A contract for an amount in excess of said approved estimate may be awarded and expenditures may exceed said estimate provided ADMINISTERING AGENCY provides the necessary additional funding or a PROJECT cost increase in State funding is first requested by ADMINISTERING AGENCY and is approved by STATE in the form of an amended PROGRAM SUPPLEMENT or a STATE approved encumbrance document adding or deleting PROJECT funds. 8. Subsequent to the inclusion of the PROJECT in a plan or program approved by STATE and the ADMINISTERING AGENCY entering into this AGREEMENT and the PROJECT specific PROGRAM SUPPLEMENT, the ADMINISTERING AGENCY may request and receive payment for eligible work as follows: (a) STATE will reimburse the STATES share of eligible participating PROJECT costs monthly in arrears upon ADMINISTERING AGENCY'S submittal of signed acceptable monthly progress pay invoices (in duplicate) for expenditures actually made by ADMINISTERING AGENCY. (b) If PROJECT involves work on the STATE highway system, that PROJECT shall also be the subject of separate standard forms of STATE issued encroachment permits issued to ADMINISTERING AGENCY and any contractors and, where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY to determine how PROJECT is to be acquired, designed, or constructed and to establish ownership and future maintenance obligations. (c) State funds will not participate in any portion of PROJECT work performed in advance of either the effective date of the executed PROGRAM SUPPLEMENT for said PROJECT or the effective date of this AGREEMENT. Page 2 of 8 ' 4/21/99 9. The total of all ADMINISTERING AGENCY invoices (submitted monthly or quarterly in arrears) for reimbursement of participating PROJECT costs, including all required ADMINISTERING AGENCY matching funds, must not exceed the actual total allowable PROJECT costs, including, but not limited to, all completed preliminary engineering work, right of way acquisition, design and construction included within the PROJECT description contained in the PROGRAM SUPPLEMENT. 10. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall reference this AGREEMENT number, PROJECT number, and progress billing number for the PROJECT, and shall be formatted and costs reported in accordance with the current version of Chapter 5, "Accounting/invoices," of the Local Assistance Procedures Manual published by STATE. 11. STATE programmed amounts may be increased to cover PROJECT cost increases only if such funds are available, STATE concurs with that proposed increase, and STATE executes an amending PROGRAM SUPPLEMENT or a STATE approved encumbrance document encumbering those funds. 12. When additional State funds are not available, the ADMINISTERING AGENCY agrees that the payment of State funds will be limited to the amounts approved in the PROGRAM SUPPLEMENT, and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 13. The legislature of the State of California and the Governor of the State of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other work financed with State funds. ADMINISTERING AGENCY shall ensure that work performed under this AGREEMENT is done in conformance with the rules and regulations embodying such requirements where they are applicable. 14. ADMINISTERING AGENCY and its subcontractors shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles (GAAP) to support reimbursement payment vouchers or invoices which segregate and accumulate costs of PROJECT work elements and produce monthly reports which clearly identify reimbursable costs, matching costs, and other expenditures by ADMINISTERING AGENCY. 15. After completion of all work under this AGREEMENT, and after all PROJECT costs are known, ADMINISTERING AGENCY shall contract for a financial audit of PROJECT costs if those costs are in excess of $300,000. This Audit, to be accomplished at the ADMINISTERING AGENCY'S expense, may be done on an individual PROJECT basis, or PROJECT may be included in the ADMINISTERING AGENCY'S annual Single Audit. If an individual audit of PROJECT is done, the auditor must prepare a Final Audit Report. If ADMINISTERING AGENCY chooses the Single Audit option, an audit report is required for the State funding share. This report should be prepared in accordance with the guidelines set forth in OMB Circular A -133. Compliance testing performed for this audit should determine whether the ADMINISTERING AGENCY has a system that is adequate to accumulate and segregate reasonable, allowable and allocable costs to assure that: Page 3 of 8 4/21/99 (a) Reimbursement claims submitted to STATE for the PROJECT are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible PROJECT costs incurred by the ADMINISTERING AGENCY are fully supported and recorded in the ADMINISTERING AGENCY'S accounting records in accordance with generally accepted accounting principles. (c) The ADMINISTERING AGENCY complied with CFR 49 Part 18, Uniform Administrative Requirements for State and Local Governments and OMB A -87, Cost Principles for State and Local Governments. Any instances of noncompliance or costs determined ineligible in accordance with these regulations but claimed for reimbursement should be identified and set forth in the auditor's report. 16. ADMINISTERING AGENCY and all subcontractors shall comply with the Uniform Administrative Requirements for State and Local Governments set forth in the Code of Federal Regulations, Title 49, Part 18. In addition, the ADMINISTERING AGENCY agrees to comply with the cost principles and procedures set forth in Office of Management and Budget Circular A -87. The ADMINISTERING AGENCY agrees that a reference to either Office of Management and Budget Circular A -87 or the Code of Federal Regulations, Title 49, Chapter 1, Part 31, whichever is applicable and the code of Federal Regulations, Title 49, Part 18, will be included in any subcontracts entered into as a result of this AGREEMENT. 17. The "State Report of Expenditures" must be completed by ADMINISTERING AGENCY within one hundred eighty (180) days of PROJECT completion in the format described for State funded projects in Chapter 17, "Project Completion" of the Local Assistance Procedures Manual. The Final Invoice must be submitted with the "State Report of Expenditures ". The Audit must be completed by the December 30th following the fiscal year of PROJECT completion. Project completion is defined as when all work identified in the approved PROJECT Application and PROGRAM SUPPLEMENT has been completed and final costs are known. The report documents (State Report of Expenditures and Final Audit Report) will be sent to the appropriate STATE office. Failure to comply with these reporting requirements may result in the withholding of future allocations for other projects. 18. STATE reserves the right to conduct technical and financial audits if it is determined to be necessary. After any financial audit, ADMINISTERING AGENCY shall promptly refund any excess State funds erroneously reimbursed to ADMINISTERING AGENCY. 19. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the parties hereto, STATE, acting through the State Controller, the State Treasurer, the California Transportation Commission (CTC), or any other public agency, may withhold or demand a transfer of an amount equal to the PROJECT amount paid by STATE from future apportionments or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other funds and /or may withhold approval of future ADMINISTERING AGENCY projects. Page 4 of 8 4121199 20. When PROJECT is not on the STATE highway system but includes work to be performed by a railroad, the contract for such work shall be prepared and administered by ADMINISTERING AGENCY or by STATE, as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an AGREEMENT with the railroad providing for future maintenance of protective devices or other facilities installed or constructed under that contract. ARTICLE II - ENGINEERING 1. "Project Development Costs" includes all preliminary work up to contract award for construction and directly related to the PROJECT, including, but not limited to, environmental studies, preliminary surveys and reports, laboratory work, soil investigation, preparation of plans, specifications and estimates, advertising for bids, awarding contract, as well as Project Development Contract Administration. 2. "Construction Engineering" eligible costs include actual inspection and supervision of construction work, construction staking, laboratory and field testing, preparation and processing of field reports, and records, estimates, final reports, and allowable expenses of employees /consultants engaged in such activities. 3. Unless the parties shall otherwise agree in writing, ADMINISTERING AGENCY'S employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. When construction engineering is performed by STATE, charges by STATE invoiced to ADMINISTERING AGENCY shall include an assessment on direct labor costs in accordance with Section 8755.1 of the State Administrative Manual. The portion of such STATE charges not contractually absorbed by STATE shall be paid from PROJECT or other funds of ADMINISTERING AGENCY. 4. No reimbursable or matching costs incurred by ADMINISTERING AGENCY in the period prior to the effective date of this AGREEMENT or a later date specified in a PROGRAM SUPPLEMENT are allowable by STATE. ARTICLE III - RIGHT -OF -WAY 1. All related rights -of -way as are necessary for the construction of PROJECT shall be acquired by ADMINISTERING AGENCY, and no contract for construction of PROJECT or any portion thereof shall be advertised until those necessary rights -of -way have been secured. 2. The furnishing of rights -of -way as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise: (a) expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. Page 5 of 8 4121199 (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260 -7277 (d) the cost of demolition and sales of all improvements on the right of way (c) the cost of all unavoidable utility relocation, protection or removal (f) the cost of all necessary hazardous material and hazardous waste clean up for which ADMINISTERING AGENCY is not responsible and the actual generator cannot be identified or recovery made. 3. Should ADMINISTERING AGENCY, in acquiring right -of -way for PROJECT, displace an individual, family, business, farm operation or nonprofit organization, the ADMINISTERING AGENCY shall provide relocation payments and services as required by California Government Code, Sections 7260 -7277. 4. State funds will not participate in any PROJECT costs arising out of delays to construction or demolition contractor's orderly prosecution of the work because utilities have not been timely removed or relocated or due to the unavailability of rights -of -way. 5. If any protection, relocation or removal of utilities is required within STATE'S right -of -way, such work shall be performed in accordance with STATE policy and procedure. ADMINISTERING AGENCY shall require any utility company performing relocation work in the STATE'S right -of -way to obtain a STATE Encroachment Permit prior to the performance of said relocation work. Any relocated utilities shall be correctly located and identified on the PROJECT as -built plans. ARTICLE IV - MISCELLANEOUS PROVISIONS 1. The cost of security, protection, or maintenance performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of the work or at any other time may not be charged to the PROJECT. 2. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and hold STATE, its officers and employees harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority, or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. Page 6 of 8 4121199 3. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. It is also understood and agreed that pursuant to Government Code Section 895.4, STATE shall fully defend, indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as defined be Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. 4. Auditors of STATE shall be given access to books and records of ADMINISTERING AGENCY and its contractors and subcontractors for the purpose of verifying PROJECT costs and share to be paid. ADMINISTERING AGENCY shall include clauses in its contracts for PROJECT obligating contractors and subcontractors to conform and cooperate in any audit of their PROJECT costs. 5. ADMINISTERING AGENCY will maintain and operate the PROJECT property acquired, developed, rehabilitated, or restored for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity. 6. Upon ADMINISTERING AGENCY acceptance of the completed PROJECT construction contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the ADMINISTERING AGENCY having jurisdiction over the PROJECT shall maintain, repair and restore any damaged portions of the completed work in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINISTERING AGENCY'S jurisdiction is not being properly maintained, repaired or restored and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition satisfactory to STATE. The provisions of this section shall not apply to a PROJECT which has been vacated, as preapproved by STATE, through due process of law. 7. The ADMINISTERING AGENCY obligation to maintain, referred to in paragraph 6 above, includes not only the physical condition of the PROJECT but its continued operation as well. PROJECT shall be maintained by an adequate and well - trained staff of engineers and/or such other professionals and technicians as the PROJECT requires. Said maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under an agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements. Page 7 of 8 . 4/21199 8. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY, either in whole or in part. 9. No alteration or variation of the terms of this AGREEMENT or the PROGRAM SUPPLEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 10. This Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner. H. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution. ARTICLE V - CONDITION OF ACCEPTANCE ADMINISTERING AGENCY shall conform to all State statutes, regulations,and the Local Assistance Program Guidelines and Local Assistance Procedures Manual including all subsequent approved revisions thereto. hereafter collectively referred to as PROCEDURES, applicable to PROJECT unless otherwise designated in the approved PROGRAM SUPPLEMENT. This AGREEMENT and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon sixty (60) days' prior written notice by STATE. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation By Chief, Office of Local Programs Project Implementation Date City of Baldwin Park By (Authorized Representative) MAN U,�`I- 1W LO'ZAHO rte. A `r' ® R Date 1-5 --"g Page 8 of 8 4121199 ■r MAN R Em FROM: DATE: INTER- OFFICE MEMORANDUM Arjan Idnani, Engineering Mana Rosemary Ramirez, Deputy City C January 24, 2000 SUBJECT: January 19, 2000 -City Council Meeting Action The following action was taken by the City Council at their meeting held January 19, 2000. City Council adopted Resolution No. 2000 -05 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 0194 AND ADMINISTERING AGENCY -STATE AGREEMENT NO. 000321 FOR THE IMPROVEMENT OF VARIOUS CITY STREETS ". Two certified copies of the resolution are attached for your review and handling. The two original Program Supplement and two original Master Agreements are also attached. Please send to Caltrans for their signatures. Caltrans will return a fully executed original to us for our files. Upon receipt, please return the original to me for official filing. cc: Dayle Keller, Interim Chief Executive Officer rr � BLDWI,N CITY OF BALDWIN PARK P-1- n,R -,K TO: City Council FROM: Jose M. Mesa, Personnel /Risk Manager DATE: January 19, 2000 CITY COUNCIL AGENDA JAN 1 s 2000 ITEM N0. I STAFF REPORT SUBJECT: Resolution Designating Authority to Chief Executive Officer (CEO) to Determine Whether Disability is Industrial. and Certify to PERS This report request that the City Council adopt the attached resolution designating the CEO authority to determine whether a disability is industrial and. certify to the Public Employees' Retirement System (PERS). BACKGROUND & DISCUSSION The adopted Resolution No. 95 -15 provides authority to the Director of Administrative Services. The classification of Director of Administrative Services no longer exists. Therefore, it is requested that the City Council designate the CEO or their designee the authority to determine whether a disability claim filed by a sworn employee is work related and certify to PERS for award. The CEO shall insure that all industrial disabilities submitted by an employee are processed in accordance with PERS guidelines. RECOMMENDATION Staff recommends that the City Council adopt the attached resolution delegating the CEO or their designee authority to determine whether a disability is industrial and certify to PERS. Approved by: RESOULTION NO. 2000 -06 A RESOULTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, DELEGATING TO THE CHIEF EXECUTIVE OFFICER, THE AUTHORITY TO DETERMINE WHETHER DISABILITY IS INDUSTRIAL AND, THE AUTHORIZATION TO CERTIFY TO SAME TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the City of Baldwin Park (hereinafter, referred to as Agency) is a contracting agency of the California Public Employees' Retirement System; WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment is which he/she is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law; WHEREAS, the City Council has determine upon legal advise that it may delegate authority under Section 21034 of the Government Code to make such determinations to the incumbent of the position of Chief Executive Officer or their designee. NOW, THEREFORE, BE IT RESOLVED that the City Council delegate and it does hereby delegate to the incumbent of the position of Chief Executive Officer or their designee authority to made determinations under Section 21033(c) of the Government Code, on behalf of the Agency, of disability and whether such disability is industrial and to certify such determinations and all other necessary information to California Public Employees' Retirement System; and BE IT FURTHER RESOLVED that such incumbent be and he is authorized to make application on behalf of the Agency for disability retirement of employees and to initiate requests for reinstatement of such employees who are retired for disability. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this day 13th day of January, 2000. W�% I � , Manuel Lozano, Mayor Resolution No. 2000 -06 Page 2 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF BALDWIN PARK ) 1, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at it regular meeting of the 1 9th day of January, 2000, by the following vote: AYES: COUNCILMEMBERS: Linda Gair, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tem Van Cleave and Mayor Manuel Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Rosemary M. Ra it , eputy City Clerk ■7 k P • A - P,- K INTER OFFICE MEMORANDUM r TO: Jose Mesa, Personnel /Risk age FROM: Rosemary Ramirez, Deputy Cit Cie DATE: January 24, 2000 SUBJECT: January 19, 2000 -City Council Meeting Action The following action was taken by the City Council at their meeting held January 19, 2000. City Council adopted Resolution No. 2000 -06 entitled, "A RESOLUTION OF THE CITY OF BALDWIN PARK, DELEGATING TO THE CHIEF EXECUTIVE OFFICER, THE AUTHORITY TO DETERMINE WHETHER DISABILITY IS INDUSTRIAL AND, THE AUTHORIZATION TO CERTIFY TO SAME TO THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM ". Two certified copies are attached for your review and handling. cc: Dayle Keller, Interim Chief Executive Officer V A u BALDW 1 N P ' A ' R " K CITY OF BALDWIN PARK TO: City Council FROM: Jose M, Mes , PersonnelfRisk Manager DATE: January 19, 2000 SUBJECT: Adopted Salary Resolution No. 2000 -07 MiriffelLft MY IL AGENDA AN 19 Z= RMURIA. STAFF REPORT This report request that the City Council adopt an amendment to the current Salary Resolution No. 99 -77 specifically, page 6, Section 7, Executive Employees and adopt the attached Salary Resolution No. 2000 -07. The amendment adds the position of Interim Community Development Director and designates a monthly salary. BACKGROUND & DISCUSSION The position of Community Development Director is currently vacant. The Interim Chief Executive Officer (CEO) intends to conduct a recruitment for the position. On January 5, 2000 the City Council approved the recommendation from the Interim CEO to appoint Mr. Richard Forintos, Redevelopment Project Manager as an Interim Director. The action necessitates amending the salary resolution to add the title and designate a monthly salary. RECOMMENDATION Staff recommends that the City Council adopt Salary Resolution No. 2000 -07. Approved by:��. RESOLUTION NO, 2000 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 99 -77 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK (INTERIM COMMUNITY DEVELOPMENT DIRECTOR) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. Effective September 2, 1998, the base salary range which does not include the employer paid member contribution to retirement for each general employee classification is hereby the salary range set forth in Section 1 of Exhibit A, attached hereto. SECTION 2, Effective September 2, 1998, the base salary range which does not include the employer paid member contribution to retirement for each confidential employee classification is hereby the salary range set forth in Section 2 of Exhibit A, attached hereto. SECTION 3. Effective September 15, 1999, the base salary range which does not include the employer paid member contribution to retirement for each professional and technical employee classification is hereby the salary range set forth in Section 3 of Exhibit A, attached hereto. SECTION 4. Effective June 27, 1999, the base salary range which does not include the employer paid member contribution to retirement for each sworn and non -sworn employee classification is hereby the salary range set forth in Section 4 of Exhibit A, attached hereto. SECTION 5. Effective May 5, 1999, the base salary range which does not include the employer paid member contribution to retirement for each management employee classification is hereby the salary range set forth in Section 5 of Exhibit A, attached hereto. SECTION 6. Effective September 15, 1999, the base salary range which does not include the employer paid member contribution to retirement for each police management employee classification is hereby the salary range set forth in Section 6 of Exhibit A, attached hereto. SECTION 7. Effective January 19, 2000, the base salary range which does not include the employer paid member contribution to retirement for each fixed rate executive employee classification is hereby the salary range set forth in Section 7 of Exhibit A, attached hereto. SECTION 8. Effective July 21, 1999, the salary range for each part - time /temporary employee classification is hereby the salary range set forth in Section 8 of Exhibit A, attached hereto. SECTION 9. Effective July 7, 1999, the salary range for each fixed rate position is hereby fixed by the salary set forth in Section 9 of Exhibit A, attached hereto. SECTION 10. To achieve designation as a Certified Municipal Clerk, a City Clerk must meet the certification criteria as established by the International Institute of Municipal Clerks organization. SECTION 11. That the City Council shall be entitled to health and welfare benefits commensurate with the benefits received by other City employees. SECTION 12. That the City Treasurer shall be entitled to health and welfare benefits commensurate with the benefits received by other City employees. SECTION 13. That the appropriate Memorandums of Understanding for employees represented by the Baldwin Park Professional and Technical Employees Association and the Baldwin Park Police Management Employees Association are hereby effective for the period of June 30, 1995 through June 28, 1998. Resolution No. 2000 -07 Page 2 SECTION 14. That the appropriate Memorandum of Understanding for employees represented by the Baldwin Park Police Association is hereby effective for the period of July 2, 1995 through June 24, 2000. SECTION 15. That the appropriate Memorandums of Understanding for employees represented by S.E.I.U., Local 34.7 are hereby effective for the period of June 28, 1998 through June 26, 1999, SECTION 16. That all Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 17. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Personnel Officer. APPROVED AND ADOPTED THIS 19 "' day of January, 2000. X Manuel Lozano, a ATTEST: STATE OF CALIFORNIA } COUNTY OF LOS ANGELES ) ss. CITY OF BALDWIN PARK } I, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 191h day of January, 2000, by the following vote: AYES: COUNCILMEMBERS: Linda Gair, Marlen Garcia, Ricardo Pacheco, Mayor Pro Tern Van Cleave and Mayor Manuel Lozano NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SECTION 1. GENERAL EMPLOYEES CLASSIFICATION Administrative Clerk I Administrative Clerk 11 Construction Clerk Equipment Mechanic Finance Clerk Maintenance Worker 11 Maintenance Worker I Housing Specialist Senior Equipment Mechanic Senior Maintenance Worker Street Sweeper Operator Resolution No. 2000 -07 Page 3 EXHIBIT "A" Steps 1 2 3 4 5 1730 1816 1907 2003 2103 1910 2005 2105 2211 2321 2108 2213 2324 2440 2562 2566 2694 2829 2970 3119 2109 2214 2325 2441 2563 2379 2497 2622 2754 2891 2162 2270 2384 2503 2628 2108 2213 2324 2440 2562 2822 2963 3112 3267 3431 2626 2757 2895 3039 3191 2438 2560 2688 2822 2963 SECTION 2. CONFIDENTIAL EMPLOYEES CLASSIFICATION Steps 1 2 3 4 5 Deputy City Clerk 2827 2968 3116 3272 3436 Executive Secretary 2827 2968 3116 3272 3436 Personnel Assistant 2827 2968 3116 3272 3436 Resolution No. 2000 -07 Page 4 SECTION 3. PROFESSIONAL AND TECHNICAL CLASSIFICATION Steps 1 2 3 4 5 Accountant 3230 3392 3561 3739 3926 Assistant Engineer 3506 3682 3866 4059 4262 Assistant Planner 3171 3329 3496 3671 3854 Associate Engineer 3857 4050 4252 4465 4688 Building Inspector 3159 3317 3483 3657 3840 Business License Inspector 2508 2634 2765 2904 3049 Code Enforcement Officer 2724 2860 3003 3153 3311 Code Enforcement Supervisor 3337 3504 3679 3863 4057 Engineering Supervisor 4243 4455 4678 4912 5157 Engineering Technician 2792 2932 3078 3232 3394 Housing Inspector 2724 2860 3003 3153 3311 Housing Programs Coordinator 3337 3504 3679 3863 4057 Housing Rehabilitation Coordinator 2379 2497 2622 2754 2891 Information Systems Analyst 2971 3119 3275 3439 3611 Information Systems Supervisor 4243 4455 -4678 4812 5157 Information Systems Support Technician 2583 2712 2848 2991 3140 Plan Check Engineer 3826 4018 4219 4430 4651 Planning Technician 2747 2884 3029 3180 3339 Principal Planner 4264 4471 4701 4936 5183 Program Coordinator 2643 2776 2914 3060 3213 Program Supervisor 3337 3504 3679 3863 4057 Public Works inspector 3153 3310 3476 3650 3832 Public Works Supervisor 3953 4150 4358 4576 4805 Redevelopment Projects Coordinator 3337 3504 3679 3863 4057 Senior Finance Clerk 2581 2710 2845 2988 3137 Senior Accountant 4071 4274 4488 4712 4948 Transit Coordinator 3337 3504 3679 3863 4057 SECTION 4. SWORN AND NON -SWORN EMPLOYEES CLASSIFICATION Civilian Dispatcher Community Service Officer Parking Enforcement Officer Police Officer Police Records Specialist I Police Records Specialist II Police Sergeant Police Technician Public Safety Trainee Records Supervisor Telephone Operator Resolution No. 2000 -07 Page 5 Steps 1 2 3 4 5 2455 2578 2707 2842 2985 2514 2640 2772 2911 3056 2514 2640 2772 2911 3056 3764 3953 4159 4357 4575 1843 1935 2032 2134 2240 2034 2136 2243 2355 2473 4578 4807 5048 5300 5565 2600 2730 2866 3010 3160 3153 ----- — - - - - - -- - - ----- - ---- -- 2600 2730 2866 3010 3160 1843 1935 2032 2134 2240 SECTION 5. MANAGEMENT EMPLOYEES CLASSIFICATION Steps Engineering Manager Housing Manager Personnel /Risk Manager Redevelopment Project Manager SECTION 6. POLICE MANAGEMENT EMPLOYEES 1 2 3 4 5 4891 5136 5393 5663 5946 4439 4661 4894 5139 5396 4891 5136 5393 5663 5946 4524 4751 4988 5238 5500 CLASSIFICATION Steps 1 2 3 4 5 Police Captain 6186 6495 6820 7161 7519 Police Lieutenant 5359 5627 5909 6204 6514 SECTIOR.7. EXECUTIVE EMPLOYEES Chief of Police Finance Director Director of Community Development Director of Recreation & Community Services Interim Chief Executive Officer Interim Public Works Director Interim Community Development Director SECTION 8. PART- TIME/TEMPORARY EMPLOYEES TITLE Cashier City Service Worker* Crossing Guard Lifeguard Police Cadet Police Reserve Officer Pool Manager Recreation Leader I Recreation Leader II Recreation Leader III Recreation Leader IV Senior Lifeguard Student Intern Resolution No. 2000 -07 Page 6 FIXED RATE (Monthly Rate) 8,751 7,083 7,247 6,350 10,000 8,367 6,500 HOURLY RATE 5.75 5.75-50.00 5,75 8.00 6.30 6.80 11.00 5.75 6.61 7.60 8.74 9.00 6.95 *The foregoing classification of City Service Worker is established to provide for temporary employment to meet specialized needs. The Personnel Services Division will establish the exact salary within the foregoing range based on the labor market for the position, as necessary. Resolution No. 2000 -07 Page 7 SECTION 9, FIXED RATE POSITIONS T•'.TLE ANNUAL FIXED RATE City Clerk (Non- Certified) 2,400 City Council 3,000 City Treasurer 2,400 Mayor 3,000 City Commissioner (Per Meeting) 50 ■■ "hkc . lei INTER OFFICE MEMORANDUM P A- R • K TO: Jose Mesa, Personnel /Risk Mana r FROM: Rosemary Ramirez, Deputy City Cler DATE: January 24, 2000 SUBJECT: January 19, 2000 -City Council Meeting Action The following action was taken by the City Council at their meeting held January 19, 2000. • City Council adopted Resolution No. 2000 -07 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 99.77 A BASIC SALARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK (INTERIM COMMUNITY DEVELOPMENT DIRECTOR) ". A certified copy of the resolution is attached for your review and handling. cc: Dayle Keller, Interim Chief,Executive Officer !N 11 BALDWIN .A ............... CITY OF BALDWIN PARK CITY COUNCIL AGENDA JAN 19 2 STAFF REPORT TO: Mayor and City Council FROM: Shafique Naiyer, Interim Director of Public Works �1°--v DATE: January 19, 2000 SUBJECT: AWARD OF CONTRACT FOR CONSULTANT SERVICES TO ASSIST THE CITY AND THE BALDWIN PARK UNIFIED SCHOOL DISTRICT IN IDENTIFYING GRANT OPPORTUNITIES AND WRITING GRANT APPLICATIONS AS NEEDED PURPOSE: The purpose of this report is to approve the contract with Ms. Shauna Clark, Consultant to provide the City with assistance in pursuing grant funding opportunities and writing grant applications. BACKGROUND: The City and the Baldwin Park Unified School District have identified the need to more aggressively pursue grant funding opportunities that will benefit the Baldwin Park Community as a whole. To that end, both entities have agreed to work together to be better positioned to apply for grants. In addition, they have agreed to share the costs to hire a consultant to assist in finding grant funding opportunities and writing grant applications as necessary. This item was brought before the City Council along with the joint agreement between the City and the School District to pursue grant funds at the January 5, 2000 meeting. While the agreement with the School District was approved, this item was held over, at the request of the Council, to allow Ms. Clark to provide a brief presentation of her experience during a study session. Ms. Clark's presentation is included on the Study Session agenda and the approval of her contract is included on the Consent Calendar, DISCUSSION: After a review of proposals from Griffin Grant Writing & Consulting, The Grant Doctors and Ms. Shauna Clark, Ms. Clark was determined to be best qualified to serve the needs of the City and School District. This decision was based on Ms. Clark's commitment to work closely with the City /School District steering committee as well as her previous success in securing grant funds for a joint City /School District project. Ms. Clark's resume is attached for your information. Ms. Clark will provide the following services: 1) Serve as a facilitator to the steering committee members with the following responsibilities: (b) Research grant opportunities; (c) Assist in developing a data bank for all grant applications; (d) Train the membership in positioning the District and City to better qualify for grants; (e) Provide a pro- active grant writing approach; (f) Critique unsuccessful grant applications; (g) Provide opportunities for District only and City only grant applications (when deemed necessary). 2) if a grant application is approved by the steering committee, Ms. Clark may be retained to write the grant application at compensation approved by the steering committee and the City Council. Ms. Clark will work on a monthly retainer of $1,000 to be split with the School District. If the Steering Committee requires her to write a grant there will be an extra fee of $75.00 with a do not exceed amount to be determined by the steering committee and approved by the City Council. The School District Board of Directors approved the agreement with Ms. Clark at their January 11, 2000 meeting. Ms. Clark has agreed to the terms of the contract. FISCAL IMPACT; The contract with Ms. Clark will have a fiscal impact of $500 per month plus any additional grant writing fees. Funds for this program have been identified in account 100.81.5000, which is in the non - departmental budget. RECOMMENDATION: It is recommended that the City Council approve the contract with the Baldwin Park with Ms. Shauna Clark and authorize the Mayor to execute said agreement. REPORT PREPARED BY: Kara Bouton, Transit Coordinator 1`Jov -1 :/ —;9 'IN kD I; I U P [`[ i-J'H IN rJ iAI�111 `� HAK: b2bJ J94424,1 EMPLOYMENT EDUCATION Shau na Clark 590 Countnt Club Road Sari Bernardino, California 92404 1%909) s3a3 7563 -home (213) 847 3698 -LA OfFit:e c -mY til SClark3766@aol.com Fax f9O9) 883 6333 Public Policy Consultant/Project Manager February 1997 - present Independent Provide public policy consulting services and project rnana,gernent for three Southern Ca ifornia agencies. July 1999 to orewt . Nr eft Manager - Celebrate LA 2000 - Office of Mayor Riordan August 1997 to June 1999 - City of Los Angeles Elected Charter Reform Commission Februar,, 1997 to June 3 998 and April 1999 to present - T amas Rivera Policy institute - Claremont Graduate School Fall 1997 to present - California State University San Bernardino - Instructor and Project Manager Details of above assignments are provided on the second page of this resume. City Administrator OTY OF SAN BERNARD NO 1990 -1997 SAN BERNARCJINO, CALiFORNiA Management of full service city of 183,000 with 1100+ employees and 16 major departments. Recommended and carried out policy decisions of Mayor and Council, Established and directed the missions, goals and objectives of traditional city departments such as Police, Fire, Public Works, Parks and Recreation, Planning and 30ding Services, Refuse, Hurrrarl Regources, Risk Management, etc., as well as non - traditional city functions such as the city's television station and Cemetery, Developod $148,000,000 annual budget. Achieved department and council c on�ensus for budget adoption. Exercised oversight of city expenditures. Encouraged community partidpaticrr%. City Clerk (Elected) 1978-1990 CITY OF SAN BERNARD W) SAM BERNARDINO, CALIFORNIA Managed a department with responsibilities for coundI agendas, minutes, correspondence and other official city documents, Rf�sponsible for citywide records management and for collection of ovi�r $4,000,000 in revenue through business licenses, trans ient occupancy tax and other rniscelianeow taxes and fees. Conducted ail city elections. Served as r? PC filing officer. Masters of Business Administration June, 1983 CALIFORNIA STATE UNIVERSITY SRN BERNAR01 �O, CALIFORNIA Bachelor of Arts in Public Administration June, 1980 CALIFORNIA STAT[: UNIVERSITY SAN BERNARDI,40, CALIFORNIA Computer proficiency, 1Vjndows, �x.ce €, PowerPoint, MS Project 4, QUickerl, MS Word, Cord Word Perfect, Cores Presentations, tAS FrontPage, iexus- Nexus, Internet NUU- D- 99 WED L'1 : �U 1''i1: S'HAN' (" F'AHMS NAX : b2b9l)A411J t'Auh '11 Resume of Shauna Clark, Page 2 CONSULTING /TLACHING ASSIGNMENTS - 1997 - present Office of Mayor Richard Riordan - Celebrate 1A 2000. Respombto for the City c)f t.o5 Ang0es' millennium c. el ebration, Coo rdin�jtecity events, which incl udecelehrations for utato 300,000. Soiscit funding and work with corporations which have donated over $4 million to pay for the events. Ensure that all tasks are completed and the sponsor commitments are met. Manage. the bUdgot, writ with the producer of each event and a private foundation established to leave a $1 million legacy to the city library - City of Los Angeles Tested Charter Reform Commission: This 15 member body of elec-ed officials was charged with revising the 7001 page Los Angers City Chatter. The Commission finalized their r('corrtmendations for the June, 1 999 k7aliot and the new Charterwas adopted, Assignments included serving on Task rorces and Committees and providing ongoing analysis, research, reports, ro— comfnend t'rons and proposed Charter language on, the structure of Los Angeles 'City government and the powers of the ,Mayor, Council, City Ccnimissions, City Attorney and Controller • C=ompetitive trite gie� for Leas ,�ngeies' Enterp�'iwc. f -)epts. - Airports, Flarbor and Water and Power Performance review for City departments • Financ4l processes of the City ins {uding accounting, auditing, budgeting, debt rria3iagernent • The transfer of ec)terpri5e funds to the general find and the impact of those transfers on the economic viability of the Departments of Airports, Harbor and Water and Power * cth!'.s and election processes. Contracting and procurement. The Tomas .Rivera Policy Institute: The institute is a think tank operating at Claremont C radiate School. This institute conducts relevant research on the quality of life of Latinos in the United ;hates. Currently conducting a study for the Finders' Collaborative, a consortium of major private foundatirrns including the Kellogg Foundation, the Rockefeller Foundation, and Ford Foundation. Previous assignments included consuiting services with regard to the impact of Welfare Reform on local governments and the impact of Proposition 209- Lead a research team which conducted a one -year study of promising )est practices of community policing within fnrir Southern California Counties: Los Angeles, Orange, riverside and Ventura. Authored the final study which was published and disseminated in October, 1998 - California State University San Bernardino: Served as project manager (April -July, 1 990) and writer for the development of a HUD Community Outreach Partnership Center and in the cultivation of funding sources RECEIVED [ 2000 CONTRACT OF EMPLOYMENT OF CONSULTANT CITY OF BALDWIN PARK CITY CLERK'S DEPARTMENT This Agreement is entered into by and between the BALDWIN PARK UNIFIED SCHOOL DISTRICT (hereinafter "DISTRICT "), the CITY OF BALDWIN PARK (hereinafter "CITY ") (DISTRICT and CITY are collectively referred to herein as "DISTRICT /CITY ") and SHAUNA CLARK, (hereinafter "CONSULTANT") for the following purposes and with respect to the following facts. RECITALS WHEREAS, the DISTRICT /CITY are authorized pursuant to Government Code section 53060 to contract for the services of consultants. WHEREAS, CONSULTANT, is uniquely qualified and experienced in numerous aspects of grant identification and grant application writing. WHEREAS, the DISTRICT /CITY are desirous of such services of CONSULTANT. NOW THEREFORE, the parties mutually agree as follows: Services of CONSULTANT CONSULTANT will serve as a facilitator to the DISTRICT /CITY Grant Steering Committee. In that capacity, CONSULTANT will perform the following services: Research grant applications; Assist in developing data bank for all grant applications; Train Steering Committee members to position the DISTRICT /CITY to better qualify for grants; Provide a pro - active grant writing process for the DISTRICT /CITY; Critique unsuccessful grant applications; and Provide opportunities for DISTRICT only and CITY only grant applications when deemed appropriate by DISTRICT and CITY. Term of Agreement The term of this Agreement shall be for a period of six months, beginning January 1, 2000 and ending June 30, 2000. Payment for Services Payment to CONSULTANT for all services pursuant to this Agreement shall be in the amount of ONE THOUSAND DOLLARS ($1,000.00) per month payable FIVE HUNDRED DOLLARS ( ($500.00) per month by DISTRICT and FIVE HUNDRED DOLLARS ($500.00) per month by CITY. The DISTRICT /CITY shall be billed monthly by CONSULTANT. DISTRICT /CITY agree not to make any withholdings from the gross pay of CONSULTANT. CONSULTANT agrees to indemnify and hold harmless the DISTRICT /CITY from any and all costs, loss, or liability whatsoever arising from or caused by any challenge to the payment set forth in this paragraph, including any liabilities or penalties assessed or levied by any and all local, state, or federal taxing authorities. Additional Services Actual grant application writing is not part of the scope of CONSULTANT'S services. Should the DISTRICT/CITY desire that CONSULTANT undertake to write one or more grant applications, compensation for such services shall be mutually at the rate of SEVENTY -FIVE DOLLARS ($75.00) per hour. The total hours billed for each grant shall be approved by the DISTRICT/CITY prior to commencement of grant writing. The DISTRICT/CITY shall not be responsible for any hours in excess of the approved amount. Termination This Agreement may be unconditionally terminated by any party hereto upon ten (10) days written notice to the other parties. Indemnification To the extent allowed by law, DISTRICT/CITY and CONSULTANT shall indemnify and save harmless the other, its officers, board members, and employees from and against all claims, actions, liabilities, and losses by whomever asserted arising out of the acts or omissions of the indemnifying party. Such indemnification shall include, but not be limited to, court costs, expenses of litigation and reasonable attorneys' fees. Moreover, CONSULTANT shall indemnify and hold the DISTRICT/CITY harmless against any claims for workers' compensation benefits made by a partner, officer, or employee of CONSULTANT. Status of CONSULTANT It is understood that CONSULTANT is not an employee or servant of the DISTRICTICITY regardless of the nature and extent of services performed by CONSULTANT. Inasmuch as CONSULTANT shall serve as an independent contractor and not be an employee of the DISTRICT/CITY, except as stated otherwise in this agreement, the DISTRICTICITY do not assume any liability for any actions of CONSULTANT in performing services in accordance with this Agreement, including traveling. CONSULTANT shall be under the control of the DISTRICT/CITY as to the result to be accomplished and not as to the means or manner by which such result is to be accomplished. It is expressly understood that this Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or associate between CONSULTANT and DISTRICT/CITY. CONSULTANT shall comply with all applicable federal, state and local laws, rules, regulations and ordinances including workers' compensation requirements. Non - Exclusives CONSULTANT retains the right to contract with other entities, including other school districts and cities, during the term of this Agreement. Assignment This Agreement may not be assigned to other parties. Rules of Construction The terms of this Agreement are contractual, and are the result of negotiation among all the parties hereto. All parties to this Agreement agree that the normal rules of I onstruction, which ordinarily would operate to resolve any ambiguities in this agreement against the drafting party, shall not be employed in the interpretation of this Agreement. Work Product CONSULTANT hereby agrees that all work product produced pursuant to this Agreement and provided to DISTRICT/CITY upon completion of this Agreement shall be the property of the DISTRICT/CITY and ownership of said work product shall be retained by the DISTRICT/CITY. Non-Liability of Officials and Employees of the DISTRICTICITY No official or employee of the DISTRICT/CITY shall be personally liable to CONSULTANT in the event of any default or breach by DISTRICT/CITY, or for any amount which may become due to CONSULTANT. Waiver Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. Governing Law This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. Notice All notices required by this Agreement shall be personally delivered or mailed to the parties hereto at the addresses listed below: CITY DISTRICT CONSULTANT City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Entire Agreement Baldwin Park Unified School District 3699 North Holly Avenue Baldwin Park, CA 91706 Shauna Clark 590 Country Club Road San Bernardino, CA 92040 This Agreement constitutes the entire Agreement between the parties with respect to its subject matter and supersedes all prior or simultaneous negotiations or agreements. This Agreement shall not be modified, amended or otherwise changed or conditioned in any manner except in writing executed by all of the parties hereto. IN WITNESS HEREOF, the parties hereto, and their respective attorneys, have approved and executed this agreement on the date set forth opposite their respective signatures. By Shauna Clark, Consultant By , Coe /G Dr. Susan C. P ks, S 7en,Rlel dent B Y Manuel Loza , Mayor APPROVED AS TO FORM AND CONTENT: OFFICE OF THE CITY ATT RNEY By. rnold M. K1v6re-z-GIasn4bn City Attorney APPROVED AS TO FORM AND CONTENT: LAW OFFICES OF .JEFF C. MARDEROSIAN B CA// UiiW C. Marderosian Attorney for Baldwin Park Unified School District Date^ Date F I CITY OF BALDWIN PARK 5 1% BALDWIN P °A R K TO: Mayor and City Council FROM: Dayle Keller, Interim Chief Executive Officer�� DATE: January 19, 2000 1 . , { �- +ti;1� t lIfi i 71 iii ---ft SUBJECT: SUPPORT OF SB 244 AND AB219 — PROPOSED STATE LEGISLATION TO ENHANCE THE SURFACE MINING AND RECLAMATION ACT OF 1975 ( "SMARA ") PURPOSE The purpose of this report is to transmit a request made by the City of Irwindale to support SB 244 and AB 219, both pieces of proposed legislation intended to enhance and strengthen existing law relating to surface mining, specifically the Surface Mining and Reclamation Act of 1975 ( "SMARA" ). DISCUSSION Attached is a letter dated January 4, 2000, from Robert Griego, City Manager, City of Irwindale. The letter is requesting support from cities throughout the state for the subject proposed legislation. The letter summarizes the need for the legislation due to deficiencies in the current law. RECOMMENDATION It is recommended that the City Council direct staff to prepare letters of support for the subject legislation, based on the sample letters provided by the City of Irwindale, for execution by the Mayor. January 4, 2000 CITY OF IRWINDALE 5050 North Irwindale Avenue • Irwindale, California 91706 (818) 962 -3381 • Facsimile: (818) 962 -4209 Ms. Dale Keller City Manager City of Baldwin Park 14403 E. Pacific Avenue Baldwin, Park., CA 91706 Re: Proposed Mining Legislation Dear Ms. Keller: RECOVED J AN - 6 Z000 ADMINISTRATION Approximately one year ago, the City of Irwindale commissioned a comprehensive mining study to analyze the various impacts of mining operations on its community. The study has cost nearly $200,000 to complete. While it is designed to address impacts from mining operations in Irwindale, it provides compelling information on the impacts of mining throughout the State and the various deficiencies with the State's existing surface mining legislation, the Surface Mining and Reclamation Act of 1975 ( "SMARA "). One of the primary concerns raised by the study is the ineffectiveness of existing reclamation plans and the inability of lead agencies to update such plans to address environmental, health and safety, and land use concerns that are not known or suspected at the time that mining operations commence. The mining study shows in very clear terms the numerous problems created by deficient or nonexistent reclamation plans, and the need for significant changes to SMARA so that local governments throughout California can ensure environmentally sound restoration of mined pits to beneficial uses. In particular, groundwater contamination, slope failure, illegal dumping, and potential personal injuries are just a few of the adverse consequences of unreclaimed or inadequately reclaimed mining pits. Unfortunately, current law does not adequately address these consequences and, in fact, allows many mines to sit in an idle condition once mining operations cease. Irwindale has six pits of this type which, without the proposed legislation, will remain unusable blights that pose substantial health and safety concerns. Even those pits where reclamation planning is required can remain up to 100 - foot deep holes which will not be suitable for any alternative land uses, despite the existing requirements of SMARA. Unfortunately, we know that these are not problems that are unique to Irwindale. Ms. Dale Keifer .January 4, 2000 Page 2 Yet, these consequences can be avoided. With the legislative changes provided by Senate Bill No. 244 and Assembly Bill No. 219, mined land can be filled or otherwise reclaimed in a timely manner that will prolong the life of existing municipal landfills. Once reclamation is complete, the mined land will have restored economic value, and the health and safety of the community will have been enhanced. The particulars of SB 244 and AB 219 are detailed in the attachments to this letter, but in summary include the following: ➢ SB 244 will allow periodic review of reclamation plans and allow for limited revisions to plans in. certain circumstances. ➢ SB 244 will modify SMARA to clarify that mined land will be reclaimed to a useable condition that is readily adaptable to alternative land uses, and in a configuration similar to that when mining commenced. ➢ Currently SMARA requires that the local agencies' general plan conform with state policies to promote mining. SB 244 would make it clear that the end use of a reclaimed site be established by the local agency's general plan. ➢ SB 244 will require that reclamation plans include both (a) a monitoring requirement to track the effects of reclamation activities, and (b) a provision for periodic review and revision of the reclamation plan. ➢ Under SB 244, in circumstances where mining will occur in groundwater, the legislation will allow local /regional water authorities the opportunity to review and comment on reclamation plans prior to their approval. ➢ Both legislation will clarify that mining companies' financial assurances must be sufficient to complete reclamation activities and will broaden the circumstances when financial insurance may be increased. ➢ AB 219 will require an interim management plan for pre - SMARA pits that remain inactive for more than 90 days. ➢ AB 219 will change the makeup of the State Mining and Geology Board by merging the technical qualifications of two of the members into a single seat on the Board, and filling the resulting vacancy with a citizen responsible for representing the public interest that resides in a community with mining operations. Ms. Dale Keller January 4, 2000 Page 3 ➢ AB 219 will create an exemption for reclamation activities from the definition of solid waste disposal to encourage the diversion of inert materials into reclamation sites, thereby accelerating reclamation and prolonging the life of existing landfills. SB 244 and AB 219 were introduced to the legislature by Senator Solis and Assemblyman Gallegos in January, 1999. The Senate and Assembly Natural Resource Committee hearings on these bills are scheduled for January 10 and 11, 2000. It is important to let our Legislature know that cities throughout the State support SB 244 and AB 219. Toward that end, you can help ensure that mines are reclaimed in a sensible, safe, and economically beneficial fashion by submitting letters of support for SB 244 and AB 219 as soon as possible. For your convenience, we have enclosed draft letters of support that can easily be modified for your submittal. If you have any questions or comments on the proposed legislation, please feel free to contact me at (626) 430 -2217. Thank you in advance for your consideration of these issues -- issues that are important to Californians and our local communities. truly yours, Robert Griego City Manager, City of Irwindale RG.al Enc. XX February 1, 2000 1.. i BALDWIN P , A , R, K The Honorable Martin Gallegos California State Assembly Manuel Lozano State Capitol, Room 6005 Mayor Sacramento, CA 94249 -0001 Re: Letter of Support for Assembly Bill No. 219 Dear Assembly Member Gallegos: I am the Mayor for the City of Baldwin Park, and am writing this letter in support of Assembly Bill No, 219. The City Council of the City of Baldwin Park has reviewed the text of the Bill and believes that it will ensure safe, orderly, and economically beneficial reclamation of mined lands throughout California. The City Council is concerned about the many adverse consequences of deficient or nonexistent reclamation of mined lands, including groundwater contamination, slope failure, illegal dumping, and personal injuries. Unfortunately, The Surface Mining and Reclamation Act of 1975 ( "SMARA "), in its current state, does not sufficiently address these consequences and, in fact, allows a great deal of mined lands to sit in an idle condition once mining operations cease. Without AB 219, these potentially beneficial lands will likely be left as unusable blights that pose substantial health and safety concerns. AB 219 will help avoid these undesirable consequences by ensuring that mined lands are filled or otherwise reclaimed in a manner that will prolong the life of existing municipal landfills, restore economic value to the mined land, and enhance the health and safety of communities throughout Califomia. When it originally passed SMARA in 1975, the legislature recognized that meaningful reclamation of mined lands is integral to the orderly, economically beneficial, and environmentally safe growth of mining communities. AB 219 clarifies and enhances SMARA in a manner that advances these very same objectives. For this reason, the City Council strongly supports the legislation. Very truly your Manuel Lozano Mayor ML:rr cc: Ms. Yvonne Hunter, League of California Cities Mr. Robert Griego, City Manager, City of Irwindale CITY OF BALDWIN PARK•14403 FAST PACIFIC AVLNUL•BALDWIN PAR K •CA -97706,(626)&13- 5201•FAX {6"26 }337-2965 P,A•R,K The Honorable Hilda Solis Manuel Lozano California State Senate Mayor State Capitol, Room 4039 Sacramento, CA 95814 Re: Letter of Support for Senate Bill No. 244 Dear Senator Solis: I am the Mayor for the City of Baldwin Park, and am writing this letter in support of Senate Bill No. 244. The City Council of the City of Baldwin Park has reviewed the text of the Bill and believes that it will ensure safe, orderly, and economically beneficial reclamation of mined lands throughout California. The City Council is concerned about the many adverse consequences of deficient or nonexistent reclamation of mined lands, including groundwater contamination, slope failure, illegal dumping, and personal injuries. Unfortunately, The Surface Mining and Reclamation Act of 1975 ( "SMARA "), in its current state, does not sufficiently address these consequences and does not address outdated reclamation plans that are wholly inconsistent with surrounding land uses. As a result, even those pits where reclamation planning is required can remain up to 100 -foot deep holes which are incompatible with a lead agency's planning objectives and which will not be suitable for any alternative land uses, despite the existing requirements of SMARA. When it originally passed SMARA in 1975, the legislature recognized that meaningful reclamation of mined lands is integral to the orderly, economically beneficial, and environmentally safe growth of mining communities. SB 244 clarifies and enhances SMARA in a manner that advances these very same objectives. For this reason, the City Council strongly supports the legislation. Very truly yours, Manuel Lozano Mayor ML:rr cc: Ms. Yvonne Hunter, League of California Cities Mr. Robert Gdego, City Manager, City of Irwindale f "'ITY 0 F BALDWIN PARK•14403 EAST PAC'1FI(- AVP�,MF,RA1 nWiK1 PADV-,- A• ) 1 ►L BALDWIN TRANSMITTAL P, A, R, K Kathryn V. Tiwareno City CIerk Date: February 2, 2000 To: City of Irwindale 5050 N. Irwindale Avenue Irwindale, CA 91706 Attention: Robert Griego, City Manager Subject: Proposed Mining Legislation Comments: It is the desire of the Baldwin Park City Council to ensure that mines are reclaimed in a sensible, safe, and economically beneficial manner. It is their belief that supporting the proposed mining legislation is conducive to this goal. At their meeting held January 19, 2000, the City Council of the City of Baldwin Park, expressed their support of SB 244 and AB 219. Enclosed: Copies of letters in support of SB 244 and AB 219 Sent Via: Mail From: Rosemary M. Ramirez ITY OF BALDWIN FARK•I4403 EAST PACIFIC AVENUE- BALIDW[N PARK• CA -91706•{6?6)8I3- 5213�FAX(620 962 -2625 Kathryn V. Tizcoreno City Clerk Date: February 2, 2000 To: League of California Citites 1400 K St., Suite 400 Sacramento, CA 95814 Attention: Yvonne Hunter, Legislative Representative Subject: Proposed Mining Legislation Comments: It is the desire of the Baldwin Park City Council to ensure that mines are reclaimed in a sensible, safe, and economically beneficial manner. It is their belief that supporting the proposed mining legislation is conducive to this goal. At their meeting held January 19, 2000, the City Council of the City of Baldwin Park, expressed their support of SB 244 and AB 219. Enclosed: Copies of letters in support of SB 244 and AB 219 Sent Via: Mail From: Rosemary M. Ramirez ITY OF BALDWIN PARK, 14403 FAST PACIFIC, AV1:N1JE•BALDWIN 1ARK,CA ,91706,(626)813 -5 ?13- AX(626)962 -2625 �LLL�LI P - A. - R•K TO: FROM: DATE: INTER -OFFICE MEMORANDUM Dayle Keller, Interim Chief Rosemary Ramirez, Deput) January 24, 2000 SUBJECT: January 19, 2000 - City Council Meeting Action The following action was taken by the City Council at their meeting held January 19, 2000. City Council directed staff to prepare letters for the Mayor's signature, in support of SB244 and AB219 based on the sample letters provided by the City of Irwindale. CITY COUNCIL AGENDA rr CITY OF BALDWIN PARK MEMO R 000 BALDWIN TO: Honorable Mayor and City Council/Agency Board Mem�ef��' 2 FROM Rick Forintos, Interim Community Developer Director A�� DATE: January 19, 1999 SUBJECT: Continued from December 1 1999 Joint Agency City /Council Public Hearing on the disposition and Development Agreement and Ground Lease Between the Baldwin Park Redevelopment Agency and Baldwin Park Senior Apartments L., A limited Partnership that includes Kaufman and Broad Multihousing Group, Inc., for a 56 unit senior housing project. PURPOSE This report is an update on the project since the December 1, 1999 continued public hearing. NEW INFORMATION— See Attachment "A" RECOMMENDATION Staff recommends that the Agency Board of Directors approve the attached Disposition and Development Agreement with Lease Agreement and in -lieu Payment Agreement. If the Agency Board and the City Council concur with staffs recommendation, the appropriate action would be: Motion: To approve resolution #347, a resolution of the Board of Directors of the Redevelopment Agency ( "Agency ") of the City of Baldwin Park approving the Disposition and Development Agreement ( "DDA ") with Ground Lease with Baldwin Park Senior Apartment L.P., A Limited Partnership that includes Kaufman and Broad Multi - Housing Group, Inc. ( "Developer') pertaining to the Disposition and Development of Real Property located in the Central Business District Redevelopment Project Area and making Findings therefore as required by Health and Safety Code Section 33433. Motion: To approve resolution #99 -94, a resolution of the City ( "City ") of Baldwin Park approving the Disposition and Development Agreement ( "DDA ") with Ground Lease with Baldwin Park Senior Apartments L.P., A Limited Partnership that includes Kaufman and Broad Multi - Housing Group, Inc. ( "Developer ") pertaining to the Disposition and Development of Real Property located in the Central Business District Redevelopment Project Area and making Findings therefore as required by Health and Safety Code Section 33433. V1 CITY OF BALDWIN PARK BALDWIN r ,k,RIK The following is new information for Council /Agency consideration: 1. Public Meeting on December 16 1999 at the Chamber of Commerce At the December 1, 1999 joint public hearing, staff was directed to set up a meeting with the developer, property owners and tenants to discuss the proposed housing project. Staff sent out invitations, with the assistance of the Chamber of Commerce, to all property owners that were adjacent to the proposed housing project. The meeting was set for December 16, 1999 at 6 p.m. at the Chamber of Commerce office located at 14327 Ramona Avenue which is located north of the housing project block (see attached mailing list and letter). In addition, to obtain tenant input, staff walked the Ramona Avenue block on December 16, 1999 and passed out brochures to the local tenants and merchants. Meeting Attendance The meeting was held but was lightly attended. Attendance included: Lori Kern, 4070 Sterling Way (Owner) Cee Cee Lee, 14348 Ramona Boulevard (Owner) Wayne Fletcher, 4141 Maine Avenue (Owner) Linda Gair,j City of Baldwin Park Council Member Carroll Oliver, Chamber Director Rick Forintos, Interim Community Development Director Alex Gevorkian, Developer (did not attend) Betty L. Eslow, 4070 Sterling Way (Tenant) Meeting Summary Generally, the above group was not in support of the project because of: Parking congestion; the development takes away public parking; the project is property tax exempt with very little property tax revenue except for a small annual in -iieu tax fee; and that a commercial or townhouse project might be considered instead. 2. Parking Space Clarification in the December 1, 1991 Staff Report On page 2 , in the " DISCUSSION SECTION "- change 33 new parking spaces to 25 parking spaces are proposed behind the rear building walls of the Ramona Boulevard shops to replace the existing informal (dirt and gravel) private parking stalls. in addition, the property is private property and the Agency would need to obtain written property owner approval before the developer could construct the necessary spaces including pavement, landscaping, lighting, trash containers and loading spaces. Attachment A New Information Wayne R. & Valda R. Fletcher 1240 South Sandyhill Drive West Covina, CA 91791 Shihyung W. & Mei Jui T.Kuo 14322 Ramona Blvd. Baldwin Park, CA 91706 Kathleen Cuccia P.4.Box 4732 San Dimas, CA 91773 Amado D. & Evangelina Mandani 14338 Ramona Blvd Baldwin Park, CA 91706 Nanci Y. Perlini 14348 Ramona Blvd. Baldwin Park, CA 91706 Thomas A. & Gundula Steiner 8530 Buena Tierra Cir. Buena Park, CA 90621 Herman & Rose M. Carrillo 14342 Ramona Blvd. Baldwin Park, CA 91706 Wayne R. & Valda R. Fletcher 1240 South Sandyhill Drive West Covina, CA 91791 Shihyung W. & Mei Jui T.Kuo 14322 Ramona Blvd. Baldwin Park, CA 91706 Kathleen Cuccia P.O.Box 4732 San Dimas, CA 91773 Mayra Roman 8091 Indigo Ct. Alta Loma, CA 91701 Lorraine D. Kern 2509 East Vine Avenue West Covina, CA 91791 Wen Pin Weng 12006 Cherrylee Drive El Monte, CA 91732 Herman & Rose M. Carrillo 14342 Ramona Blvd. Baldwin Park, CA 91706 Marina S. Bazulto 142 South Homerest Avenue West Covina, CA 91791. Raul O. & Maria G. Martinez 3421 East 14t" Street Los Angeles, CA 90023 Mayra Roman 8091 Indigo Ct. Alta Loma, CA 91701 Lorraine D. Kern 2509 East ,'Vine Avenue Nest Covina, CA 91791 Wen Pin Weng 12006 Cherrylee Drive El Monte, CA 91732 11141L IA)ZL a -'V- ALLIIIFIIWP- Redevelopment Agency December 10, 1999 Letter to Downtown Business Owners: Subject: Public Meeting at Chamber of Commerce to discuss K and B Housing Project to be Iocated at 14349 Pacific Avenue- Behind Commercial Buildings from 14300 Ramona to 14362 Ramona Blvd. Date of Meeting: Thursday December 16, 1999 at 5:30 pm Dear Property Owner: On behalf of the Baldwin Park City Council, I would like to inform you of a very important downtown Senior Housing Project. The proposed 56 unit project will be located on the north side of Sterling Avenue and be located behind the south side of Ramona Avenue properties between Sterling and Maine Avenue. The attached sketch locates the proposed project. In order to obtain further input on this, your invited to meet with the staff and the developer. The project will remove the City and Agency parking lots and be replaced with a modern public parking court. We will need access approval from some property owners on the south side Ramona Avenue for approximately 25 public spaces at the rear of the buildings. This will enhance your property and beautify the area. Please plan on attending or call me directly at 626 8135253 or Mel Picazo at 626 9604011 at extension 495. 4 Sin ely, /_ `x�F T n A 7— 4 h Sin Forintas Redevelopment Project Manager Lc �1� \vwp Kaufman and Broad (56 -Unit Building) Site Plan and all New Parking Z- C7-10< Staff Report �5 To: City Council /Agency Board From: Dayle Keller, Interim Executive Director Subject: New Information for the Kaufrnan and Broad Project Date: December 1, 1999 Staff would like to provide additional information about this important project. The following information was not available in time in order to be included in the previous staff report. 1. Agency Share of Developer Cash Flow The Lease Agreement provides for the Agency to receive 25% of the annual cash flow from the apartment project during the 57 year lease, On Tuesday November 30, 1999, staff met with Alexis Gevorgian, Director of Development for Kaufman and Broad (K & B). Mr.Gevorgian provided a copy of the developers proforma for the project. The Agency will receive it's annual 25% share of cash flow beginning in year 2002. The total 57 year estimated cash flow is approximately $3,242,000. As indicated in the original staff report, the 56 unit building will revert to the Agency with an estimated value of $7.4 million in 2056. Thus the total 57 year revenues are as follows: Base rent $ 57.00 ( $1 /year) In lieu payments $ 522,947.00 (57 payments) Cash flow $ 3,242,000.00 (57 payments) Building value $ 7.424.797.00 (Developer estimate at lease termination) Total $11,1$9,$01.00 2. Exhibit C- Site Plan and New Parking Please note that the estimated 25 public parking spaces are actually on private property. Thus, we will need to obtain an easement from all owners in exchange for new parking improvements including landscaping etc. 3. Historical Society Museum. The Historical Museum, located at 4061 Sterling Way, will be demolished to make way for the housing project.. The City has a lease with the museum operator that will expire in July 2000. Staff has told the operator we will assist in locating a temporary facility if they are required to City Council Page 2 December 1, 1999 move earlier than July 2000. The Community Development Director and staff previously met _ with the operator after the OPA was approved with K & B. The meeting results were that the museum could possibly move to Morgan Park until a permanent facility could be located. 4. Baldwin Park School District Parcel. The School District owns a small 1,960 sf parcel at the corner of Pacific and Maine. Staff discussed this with the developer on Tuesday afternoon and we will order a title search to verify the ownership. Obviously, we will need to talk with the School District and request they quitclaim their interest in the parcel. PREPARED BY: Rick Forintos, Redevelopment Project Manager Baldwin Park Redevelopment Agency In -Lieu Value Projection Table In -Lieu Amount Growth @j,W�� Year 1 2% 1 5,000 2 10,100 3 15,302 4 20,608 5 26,020 6 31,541 7 37,171 8 42,915 9 48,773 10 54,749 11 60,844 12 67,060 13 73,402 14 79,870 15 86,467 16 93,196 17 100,060 18 107,062 ' 19 114,203 20 121,487 21 128,917 22 136,495 23 144,225 24 152,109 25 160,151 26 168,355 27 176,722 28 185,256 29 193,961 30 202,840 31 211,897 32 221,135 33 230,558 34 240,169 35 249,972 36 259,972 37 270,171 38 280,575 39 291,186 40 302,010 41 313,050 42 324,311 43 335,797 44 347,513 45 359,464 46 371,653 47 384,086 48 396,768 49 409,703 50 422,897 51 436,355 52 450,082 53 464,084 54 478,365 55 492,933 56 507,791 57 1 522,947 NPV 819 AGREEMENT FOR PAYMENT IN LIEU OF TAXES THIS AGREEMENT FOR PAYMENT IN LIEU OF TAXES ("Agreement') is entered into by and between THE REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK (" Agency) and Baldwin Park Senior Apartments, L.P., a California limited partnership ( "Developer"): A. This Agreement is made in connection with that certain Disposition and Development Agreement (DDA) between the Agency and Developer for the disposition of certain real property ( "Project Site ") in the City of Baldwin Park ( "City "), County of Los Angeles, State of California, more particularly described in Exhibit A attached hereto, and development thereof by Developer as a residential apartment complex having a minimum of 50 apartment units ( "Project "). B. Developer anticipates owning and operating the Project for low income housing purposes, and to qualify for an exemption of the Project from ad valorem real property taxes pursuant to Section 214(g) of the California Revenue and Taxation Code (the "Property Tax Exemption "). C. The parties desire to mitigate the loss of real property taxes by reason of the Property Tax Exemption, as provided herein. NOW, THEREFORE, in consideration of the premises, the parties hereto agree as follows: 1. Developer agrees to pay the following amount (the "Payment") on an annual basis to the City and the Agency, which Payment is in lieu of the amount each would have otherwise received as its authorized share of ad valorem real property taxes which would have been levied against the Project, but for the Property Tax Exemption: To the City: $5,000.00 2. The Payment shall be made within 120 days from the date on which the final installment of real property taxes would be delinquent for the fiscal year of the real property tax assessment otherwise applicable to the Project. The Payment shall be increased annually by an amount of up.to'2% of the prior year's Payment, to the extent of the annual percentage increase in real property taxes which would otherwise be applicable to the Project. The obligation herein for the Payment shall commence upon completion of construction of the Project and shall apply only so long as and for such period that Developer is owner of the Project and qualifies for and obtains the Property x Exemption. Th-e-Pa—y-m-e-n—ts-FaTVe prorated accordingly in the event the Property Tax Exemption is only applicable for a partial year, or in the event the Property Tax Exemption is not applicable to the entire Project and all apartment units therein. CAWIN€ OWSUEMPPILOT.DJC 110599 js FA IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement as of the date set forth hereinbelow. DATE: 0 ATTEST: By: AGENCY SECRETARY APPROVED AS TO FORM: By: AGENCY COUNSEL. REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK EXECUTIVE DIRECTOR BALDWIN PARK SENIOR APARTMENTS, L.P. a California limited partnership By: Affordable Multi- Family, Inc. General Partner By: Name: Its: CAW1NDOWSITEMPIPILOT.DOC 110599 2 RESOLUTION NO. 347 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND KAUFMAN & BROAD MULTI- HOUSING GROUP, INC., PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND MAKING FINDINGS THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433 !WHEREAS, the Redevelopment Agency of the City of Baldwin Park (the "Agency ") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ( "CRL "); and WHEREAS, by previous action of the Agency, and by the City Council of the City of Baldwin Park (the "City Council" or "City," as appropriate), the Implementation and Housing Replacement Plan (the "Replacement Plan ") for the Redevelopment Project Areas (the "Project Area ") was established; and WHEREAS, the Agency has established a Low and Moderate Income Housing Fund pursuant to Health and Safety Code Section 33334.2, et seq., for the purpose of the acquisition and rehabilitation -of structures and providing subsidies to, or for the benefit of, persons and families of low or moderate income and very low income households, to assist them to obtain housing within the community at an affordable housing cost; and WHEREAS, in furtherance of the objectives of the Community Redevelopment Law of the State of California, Health and Safety Code Section 33000, et seq. (The "Acf'), the Agency and the Developer desires to redevelop certain parcels of land within the Central Business District Redevelopment Project Area, as shown on the attached and incorporated Site Map (Attachment No. 1) and referred to herein as the "Site'; and WHEREAS, the Agency, proposes to enter into a Disposition and Development Agreement (the "Agreement") with Kaufman & Broad Multi- Housing Group, Inc., in substantially the form as attached hereto, concerning the real property generally located on the northwest comer of Sterling Way and Pacific Avenue in the City (the "Property"); and WHEREAS, a notice of a public hearing of the Agency and the City Council concerning the proposed Agreement has been given in accordance with applicable law; and WHEREAS, a copy of the proposed Agreement and a summary report has been provided for public review in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED by the Baldwin Park Redevelopment Agency as follows: - RESOLUTION NO. 347 PAGE 2 SECTION 1. The Agreement will assist in the elimination of physical and economic blight consistent with the requirements of the CRL. SECTION 2. The Agreement is consistent with the Agency's adopted AB1290/SB732 Implementation Plan. SECTION 3. The consideration if not less than the fair market value at the highest and best use under the Redevelopment Plan and with the covenants and conditions and development costs authorized by the Agreement. Under the Agreement, the Property will be leased at current fair market value with the provision of an Agency Loan. SECTION 4. The Agreement calls for the expenditure of Agency Housing Fund monies within Redevelopment Project Area which is consistent with Redevelopment Law and the Agency Board further finds that this Agreement and the loan of Agency Housing Fund monies will benefit the all six Redevelopment Project Areas for the following reasons: - a) The housing units to be provided by the Agreement will replace low - and- moderate income housing units that were or will be demolished or destroyed during the course of Agency projects in the Project Areas; b) The Agreement will provide "replacement housing" pursuant to California Health and Safet Cade §33413; c) The Agreement will provide low - and - moderate income housing within the Central Business District Redevelopment Project Area and, therefore, will benefit that Project Area; and d) The Project will provide job opportunities for residents of the P'r'oject Areas. SECTION 5. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. - SECTION 6. The Agency Board consents to the Agency's authorization and direction to the Agency Interim Executive Director to take such actions and execute such documents as may be necessary to implement and effect the Agreement on behalf of the Agency. Agency staff is also authorized and directed to take such actions and execute such documents as may be necessary to implement and effect the Agreement. APPROVED AND ADOPTED this 1st day of December 1999. MANUEL LOZANO, CHAIRMAN ATTEST: James Hathaway, Agency Secretary RESOLUTION NO. 347 PAGE 3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF BALDWIN PARK ) I, James Hathaway, Secretary of the Baldwin Park Redevelopment Agency, do hereby certify that the foregoing Resolution NO. _ was duly and regularly approved and adopted by the Redevelopment Agency at a regular meeting as provided by law of the Baldwin Park Redevelopment Agency held on the 1st day of December, 1999, by the following vote thereof: AYES: Members NOES: Members ABSTAIN: Members ABSENT: Members IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Agency on this 1 st day of December 1999. ,James Hathaway, Secretary Baldwin Park Redevelopment Agency VA 0 mmom MIN 1 1 ITEM, CITY COUNCIL RESOLUTION NO. 99 -94 A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND KAUFMAN & BROAD MULTI - HOUSING GROUP, INC., PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND MAKING FINDINGS THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433 WHEREAS, the City of Baldwin Park (the "City") is a municipal corporation and general law City organized under the laws of the State of California and the Baldwin Park Redevelopment Agency (the "Agency') is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ( "CRL "); and WHEREAS, by previous joint action of the Agency, and by the City Council of the City of Baldwin Park (the "City Council" or "City," as appropriate), the Implementation and Housing Replacement Plan (the "Replacement Plan ") for the Redevelopment Project Areas (the "Project Area ") was established; and WHEREAS, the Agency has established a Low and Moderate Income Housing Fund pursuant to Health and Safety Code Section 33334.2, et seq., for the purpose of the acquisition and rehabilitation of structures and providing subsidies to, or for the benefit of, persons and families pf low or moderate income and very low income households, to assist them to obtain housing within the community at an affordable housing cost; and WHEREAS, in furtherance of the objectives of the Community Redevelopment Law of the State of California, Health and Safety Code Section 33000, et seq. (The "Act'), the Agency and the Developer desires to redevelop certain parcels of land within the Central Business District Redevelopment Project Area, as shown on the attached and incorporated Site Map (Attachment No. 1) and referred to herein as the "Site "; and WHEREAS, the Agency proposes to enter into a Disposition and Development Agreement (the "Agreement') with Kaufman & Broad Housing Group, Inc. in substantially the form as attached hereto, concerning the real property generally located on the northwest comer of Sterling Way and Pacific Avenue in the City (the "Property"); and WHEREAS, a notice of a public hearing of the Agency and City Council concerning the proposed Agreement has been given in accordance with applicable law; and WHEREAS, a copy of the proposed Agreement and a summary report has been provided for public review in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Baldwin Park as follows: SECTION 1. The Agreement will assist in the elimination of physical and economic blight consistent with the requirements of the CRL. SECTION 2. The Agreement is consistent with the Agency's adopted AB12901SB732 implementation Plan. SECTION 3. The consideration if not less than the fair market value at the highest and best use under the Redevelopment Plan and with the covenants and conditions and development costs authorized by the Agreement. Under the Agreement, the Property will be leased at current fair market value with the provision of an Agency Loan. SECTION 4. Although the Agreement calls for the expenditure of Agency Housing Fund monies within the Central Business District Redevelopment Project Area, the Agency Board further finds that this Agreement and the loan of Agency Housing Fund monies will benefit the City's six redevelopment Project Areas and City of Baldwin Park's Housing Element of the General Plan for the following reasons: a) The housing units to be provided by the Agreement will replace low - and- moderate income housing units that were or will be demolished or destroyed during the course of Agency projects in the Project Areas; b) The Agreement will provide "replacement housing" pursuant to California Health and Safety Code §33413; c) The Agreement will provide low- and- moderate income within the Central Business District Redevelopment Project Area and, therefore, will benefit that Project Area; and d) The Project will provide job opportunities for residents of the Project Areas and within the City of Baldwin Park. SECTION 5. The Agreement, a copy of which is on file with the Agency Secretary, is hereby approved. SECTION 6. The City Council consents to the Agency's authorization and direction to the Agency Interim Executive Directocto take such actions and execute such documents as may be necessary to implement and effect the Agreement on behalf of the Agency. Agency or City staff is also authorized and directed to take such actions and execute such documents as may be necessary to implement and effect the Agreement. APPROVED AND ADOPTED this 1 st day of December, 1999. MANUEL LOZANO, MAYOR ATTEST: Kathryn Tizcareno, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF BALDWIN PARK ) I, Kathryn Tizcareno, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 99 -_ was duty adopted by the City Council and signed by the Mayor of said City at the regular meeting held on the 1st day of December, 1999, and that the same was passed by the following vote thereof: AYES: NOES: ABSTAIN: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City on this 1 st day of December, 1999. Kathryn Tizcareno City Clerk �r Exhibit A Site Area Map e Ik wO. �5 (t; assesscx �rce! z a q hoof Property y Ir - 82 OL r r 1 1 4 13 J l PorWng: Ftont: 62 (am Reof:. 30 (CM 44 motet SLOYotd: 156 6 (Stye" Totd -. 164 4061 = City Museum Exhibit B Existing Parking •1 4 4 a.p r w Exhibit C; Site Ilan and all New Parking Iding) EXHIBIT D SUMMARY REPORT ( 643343311) SUMMARY REPORT PERTAINING TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE BALDWIN PARK REDEVELOPMENT AGENCY ( "AGENCY ") AND Kaufman & Broad Multi - Housing Group, Inc. ( "DEVELOPER ") This report has been prepared in compliance with Section 33433 of the California Community Redevelopment Law (Health and Safety Code Section 3300 et seq.) which provides in part: "Before any Site of the agency acquired in whole or in part, directly or indirectly, with tax increment moneys is sold or leased for development pursuant to the redevelopment plan, such sale or lease shall first be approved by the legislative body by resolution after public hearing. Notice of the time and place of the hearing shall be published in the newspaper of general circulation in the community. The agency shall make available for public inspection and copying at a cost not to exceed the cost of duplication: a. A copy of the proposed sale or lease; b. A summary which describes and specifies: 1. The cost of the agreement to the agency, including, including land acquisition costs, clearance costs, relocation costs, the costs. of any improvements to be provided by the agency, plus the expected interest on any loans or bonds to finance the agreements; 2. The estimated value of the interest to be conveyed or leased, determined at the highest and best uses permitted under the plan; 3. The estimated value of the interest to be conveyed or leased, determined at the use and with the condition, covenants, and development costs required by the sale or lease. The purchase price or sum of the lease payments which the lessor will be required to make during the term of the lease. If the _sale price or total rental amount is less than the fair market value of the interest to be conveyed or leased, determined at the highest and best use consistent with the redevelopment plan, then the agency shall provide as part of the summary an explanation of the reasons for the difference; and 4. An explanation of why the sale or lease of the property will assist in the elimination of blight." A copy of the proposed Disposition and Development Agreement (hereinafter the "Agreement ") with Kaufman & Broad Multi - Housing Group, Inc., is attached for public review. The Agreement sets forth the terms that will govern the lease and development of the property to be development and managed by the Developer. B. SUMMARY OF THE AGREEMENT The proposed Agreement between the Agency and the Developer concerns the lease and development of certain real property generally located on the northwest corner of Sterling Way and Pacific Avenue (on the east) and Loray (on the west) and businesses facing north on Ramona Boulevard on the north. 1. The Site The site consists of six (6) contiguous parcels and two city owned public parking lots totaling approximately 59,600 square feet (1.4 acres). 2. Required Developer Improvements The disposition of the Site is conditioned upon the Developer agreeing to construct a 50 to 56 unit Senior Citizen Housing Development. Preliminary development plans are available for review in the offices of the Redevelopment Agency. 3. Governmental Permits The Agreement requires the Developer to secure all necessary entitlements, permits and approvals from the City of Baldwin Park to development the proposed housing complex and to secure the Agency's approval of all development plans prior to the commencement of construction. 4. Developer Ground Lease Conditions The Agreement provides that the Agency will lease the to the�Developer at one dollar per year. The lease will be for 57 years and at the conclusion of the lease, the improvements will revert to the Agency. The Developer shall also annually pay a $5,000 "in -lieu" fee with a 2% annual increase. . 5. Schedule of Performance 2 The Agreement contains a Schedule of Performance, which establishes the time frames for the performance of the Agency's obligations and the Developer's of the site. This schedule of events is subject to revision by the Agency and the Developer. 6. Restrictions on Transfer of the Site and Agreement The Agreement prohibits the Developer from transferring or conveying the Agreement, the Site or buildings and structures on the Site without the approval of the Agency. 7. Use Restrictions The Agreement requires, following construction of the Site, that the Developer shall continue the use of the Senior Citizen Housing. C. FINANCIAL SUMMARY The cost of the Agreement to the Agency consists of property acquisition and existing land value of the public parking lots. 1. Property Acquisition The cost of acquiring the Site includes the cost of acquiring the land and improvements of the six parcels and the land value of the City owned Parking lots. The cost is estimated at $375,000. 2. Demolition and Site Preparation The Agreement requires the Developer to absorb the cost of demolishing the remaining site improvement, undergrounding the utilities, and rough grading of the Site; and, related alleyway improvements of sidewalks, parking lots, private street improvements and related landscape requirements. D. VALUE OF INTEREST TO BE CONVEYED The highest and best use permitted. on this site is the residential multifamily density as proposed in this Agreement. The land was previously zoned C -2, for General Commercial. The Developer has received approval of the Specific Plan that permitted a zone change for the proposed development. The cost to acquire the Agency parcel was $275,000 for the Sterling Way parcels and City's historical cost of it's property is approximately $100,000. Thus, a combined $375,000 acquisition cost for the site. This equals to approximately $6.29 sq. ft. for the 59,600 sq. ft. site 3 At the conclusion of the 57 -year Ground Lease period, the development ownership will revert to the Agency. Therefore, the negotiated Lease price ($ one dollar per year) for the Site, based on the sales prices of comparable restricted housing sites, is at not less the fair market value for this type of affordable housing development. In addition, the Developer must pay all on and off site costs. E. ELIMINATION OF BLIGHT The proposed disposition will allow the consolidation of the properties and will result in a use that meets and exceeds the requirements of the Municipal Code, the Zoning Code and the General Plan. The elimination of blighting conditions, the creation of new affordable housing opportunities are consistent with goals of the various redevelopment plans and Redevelopment and Housing Implementation Plan. Summary Statement This Summary Report has been prepared in compliance with California Health and Safety Code Section 33433. A photocopy of this Report may be obtained from the Agency and City. 51 EXHIBIT E DDA, LEASE AND IN -LIEU AGREEMENT DISPOSITION AND DEVELOPMENT AGREEMENT THIS DISPOSITION AND AGREEMENT ( "Agreement") is entered into by and between THE REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK ( "Agency ") and Baldwin Park Senior Apartments, L.P., (the "Developer"). The Agency and Developer hereby agree as follows: [100] SUBJECT OF AGREEMENT [101] Purpose of A reement The purpose of this Agreement is to provide housing opportunities for low income (between 50% and 80% of median income) senior citizens within the City of Baldwin Park ( "City "). The Developerwill acquire (pursuant to a long -term ground lease from the Agency ( "Ground Lease) certain real property ( "Project Site ") in the City for the construction of a residential apartment complex („Project ") having a minimum of 50 apartment units. The lease and construction of such housing, pursuant to this Agreement, and the fulfillment generally of the Agreement, are in the vital and best interests of the City and the health, safety and welfare of its residents, and in accord with applicable federal, state and local laws and requirements. It is further acknowledged by the parties that the Project Site was purchased by the Agency with Low and Moderate Income Housing Funds (20% set aside) as defined in Health and Safety Code Section 33334.2 and that the purpose of the acquisition and construction of the Project is to further the Redevelopment Law with respect to low and moderate income housing. (102] The Proiect For Purposes of this Agreement, the "Project" will encompass the acquisition by the Developer of the Project Site and the construction of a residential apartmrent complex with a minimum number of 50 apartment units. (For the purpose of this Agreement, the terms "acquire ", "acquisition ", and "disposition" refer to a Ground Lease between the Agency and the Developer for a term of 57 years, -which is attached in form as Exhibit 1 hereto and will become a part hereof upon its execution.) The acquisition and construction of the Project will be completed within the period provided herein. [103] Proiect Site The Project Site consists of those certain parcels of land and an adjacent parking lot and alleyway in the City of Baldwin Park, County of Los Angeles, State of California, as more particularly shown in Exhibit 2 hereof. [104] Parties to the A reement 1. Dg_&qency The Agency is a public body, corporate and politic, exercising 'governmental functions and powers and organized under Chapter 2 of the Community Redevelopment Law of the State of California. The principal office of the Agency is located at City Hall 14403 East Pacific Avenue, Baldwin Park, California 91705_ F:ID0CUMENTIKBIBALDWINIDDA.V9 111699 The "Agency ", as used in this agreement, includes the Redevelopment Agency of the City of Baldwin Park, and any assignee of, or successor to its rights, powers and responsibilities. 2, The Developer The principal office of the Developer for purposes of this agreements is 320 Golden Shore Drive, Suite 200, Long Beach, California 90802 -4217. "Developer", as used in this Agreement, includes the Developer as of the date of execution of this Agreement and any assignee of or successor to its rights, powers and responsibilities permitted by this Agreement. The agent for service of process is Michael A. Costa, Baldwin Park Senior Apartments, L.P., 320 Golden Shore Drive, Suite 200, long Beach, California 90802 -4217. [105] Material Obli ations Conditions Precedent It is expressly understood and acknowledged by the parties hereto that any obligation of the Developer or the Agency referred to in this Agreement shall be subject to the satisfaction of the conditions precedent to such performance as set forth herein and in the Schedule of Performance attached hereto as Attachment No. 1 and incorporated herein by this reference. [1061 Low Income Person For the purposes of this Agreement, 50079 5 Income and Persons are those defined in California Health and Safety Code Sections II. [200] REPRESENTATIONS AND WARRANTIES [201] Aoency's Representations In addition to the representations contained in otherSections of this Agreement, the Agency hereby makes the following representations, each of which is true in all respects as of the Effective Date and as of the Close of Escrow and all of the representations and warranties contained herein survive the Close of Escrow. 1. The execution of this Agreement by the Agency. the Agency's performance and the transactions contemplated have been duly authorized by the requisite action on the part of the Agency and no other authorization or consent is required for the execution and performance hereof. 2. Neither this Agreement nor anything provided to be done hereunder by the Agency violates or shall violate any contract, agreement or instrument to which the Agency is a party. 3. Neither the Agency nor. to the best of the Agency's knowledge, any third parry has used, generated, manufactured, stored or disposed any Hazardous Substance in, at, on, under or about.the Project Site E:ID0CUMEN- RKBI6ALDW1N10DA.V9, 111699 or transported any Hazardous Substance to or from the Project Site. To the best of the Agency's knowledge, the Project Site is'not in violation, nor has been or is currently under investigation for violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene, worker health and safety, or to the environmental conditions in, at, on, under or about the Project Site including, but not limited to, soil and groundwater conditions. To the best of the Agency's knowledge, the Project Site has not been subject to, and is not within 2,000 feet of, a deposit of any Hazardous Substance. To the best of the Agency's knowledge, there has been no discharge, migration or release of any Hazardous Substance from, into, on, under or about the Project Site, and there is not now, nor has there ever been on or in the Project Site underground storage tanks or surface or below -grade impoundments, any asbestos - containing materials or any polychlorinated biphenyls used in hydraulic oils, electrical transformers or other equipment. The Agency hereby assigns to Developer as of the Close of Escrow all claims, counterclaims, defenses or actions, whether at common law, or pursuant to any other applicable federal or state or other laws which the Agency may have against any third parties relating to the existence of any Hazardous Substance in, at, on, under or about the Project Site. Moreover, the Agency shall defend, indemnify and hold harmless the Developer and its officers, directors, employees, agents, shareholders, attorneys and their respective representatives and successors in interest (collectively,. the "Indemnitee ") from any liability, loss, cost, damage or expense, including, without limitation, court costs, expert witness fees and attomeys' fees,'thatlndemriitee may suffer or incur as a result of any claim, demand, action, cost or judgment made or obtained by any individual, partnership, cooperation, entity, governmental agency or person which arises out of or results from the presence or existence of Hazardous Substances above, below or on the Project Site to the extent that such Hazardous Substances are or were located in such locations prior to the Close of Escrow. For purposes of this Agreement, the term "Hazardous Substance" shall be defined as set forth in Exhibit 6 attached hereto. 4. There is no pending or threatened suit, action or- arbitration, or legal, administrative, or other proceeding or governmental investigation, formal or informal, including but not limited to eminent domain, condemnation, assessment district or zoning change proceeding, or any judgment, moratorium or other government policy or practice which affects the Project Site or Developer's anticipated development of the Project Site with the Project. 5. The Agency has not made any commitment or representation to any government authority, or any adjoining or surrounding property FADOCUMENTWMBALDWIMDDAY9 111699 owner, which would in any way be binding on Developer or would interfere with Developer's ability to develop and improve the Project Site as the Project, and will not make any such commitment or representation which would affect the Project Site or any portion thereof prior to the Close of Escrow, without Developers written consent. 6. To the best of the Agency's knowledge, the Project Site is not located within a 100 -year flood plain as designated by the Federal government. [202] Developer Representations In addition to the representations contained in other Sections of this Agreement, the Developer hereby makes the following representations each of which is true in all respects as of the Effective Date and as of the Close of Escrow, all of which shall survive the Close of Escrow and the completion of construction of the Project. 1. The execution of this Agreement by the Developer, the Developer's performance and the transactions contemplated have been duly authorized by the requisite action on the part of the Developer and no other authorization or consent is required for the execution and performance. 2. Except as disclosed to the Agency in writing, there are no actions or proceedings pending or threatened against the Developer or a general partner, member, director or staff of the Developer before any court or administrative agency which could adversely affect the Developer's ability to perform hereunder. 3. Neither this Agreement nor anything provided to be done hereunder Violates or shall violate any contract, agreement or instrument to which the Developer is a party or which affects the Project or any part thereof. 4. The Developer is not in default with respect to any of its obligations or liabilities pertaining to the Project; or is there any state of facts or circumstances or conditions or events which, after notice, lapse of time, or both, would constitute or result in any such default. The Developer is not and will not be in default with respect to any agreements, obligations or liabilities which could adversely affect the Developer's ability to perform its obligations hereunder. 5. The Developer has not entered into any agreements which will adversely affect its interest in the Project or Project Site or the Developer's right to acquire and construct the Project, as provided in this Agreement or the Ground Lease, and the Developer will not enter into any such agreements after the date hereof. FADOCUMEN- RMBALDWINODA_V9 4 111699 6. The Developer is currently in good standing and duly existing under the laws of California as a corporation and all other requisite Federal, State and Local entities. Ili. [300] DEVELOPMENT OF PROJECT [301] 5—c 0— e of DevelO m —en t 1. Developer shall, at its sole cost and expense, use its commercially reasonable best efforts to obtain a preliminary reservation for Tax Credits, as defined in the Ground Lease, from the governmental authorities having jurisdiction and shall make such applications as may be required to obtain such Tax Credits at each opportunity available to Developer. Developer shall retain, at its sole cost and expense, such attorneys, accountants and consultants as may be required to make such applications. 2. The Developer shall acquire and construct the Project in accordance with this Agreement and the "Scope of Development", which is attached hereto as Exhibit 3 and is incorporated herein by reference. All construction plans for the Project must be approved by Agency, pursuant to this Agreement. For purposes of this Agreement, the terms "construct,,, " develop, RI "construction," or "development" shall mean and refer to the acquisition and construction of the Project Site and development and construction of the Project as provided in this Agreement and in the Scope of Development. The Developer shall acquire the Project Site and construct or cause to be constructed the Project for Low Income persons who are Senior Citizens. "Senior Citizens" shall mean persons who are 55 years of age or older, or Qualified Permanent Residents as defined in California Civil Code Section 51.3, subject to applicable law. The Project shall be in compliance with all the zoning, planning and design-review requirements of the City of Baldwin Park. Once the Project Site is acquired and the Project is constructed in accordance with the "Schedule of Performance" attached hereto as Exhibit 4 and incorporated by reference herein and Scope of Development, Developer will market the project apartment units to Low - income Persons who are Senior Citizens. Notwithstanding anything herein contained to the contrary, if the California Tax Credit Allocation Committee ( "CTAC ") determines that the Project may use part of the Project Site for any commercial use and the cost of the commercial use will be qualified as part of the eligible basis as determined by CTAC for the Project Site, then the Developer will consider using a portion of the Project Site for a commercial use on terms and conditions reasonably satisfactory to Developer, provided that if CTAC has not made such determination prior to the occurrence of item 5 of Exhibit 4 of this Agreement, Developer shall have no F:ID0CUMENnK131BALDW1N1DDA.V9 5 111699 A _, obligation to consider any portion of the Project Site for any commercial use. [302] A en -.v A roval of Plans Drawin sand Related Documents . Within the time set forth in the Schedule of Performance, the Developer shall, at its sole cost and expense, prepare and submit to the Agency the drawings, plans and related documents for construction for the Project for review and written approval. Approval of the drawings and specifications, as provided in the Schedule of Performance, will not be unreasonably withheld. Any items so submitted and approved in writing by the Agency shall not be subject to subsequent disapproval by the Agency. The Developer shall bear the normal costs of the City of Baldwin Park for plan checking, building permits, and other development fees and costs. 2. During the preparation of all drawings and plans for construction of the Project, the Agency and the Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of drawings, plans and related documents by the Agency. The Agency and the Developer shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the Agency can receive pron'ipt and speedy consideration. 3. If any revisions or corrections of plans approved by the'Agency shall be required by any governmental official, agency, department or bureau having jurisdiction or any lending institution involved in financing the Project, the Developer shall, at -its sole cost and expense, coordinate efforts to obtain waiver of such requirements or to develop a mutually acceptable alternative to the Agency. Costs for planning and constructing the Project shall be borne solely by Developer and include, but not be limited to the following: all off -site and onsite improvements if any, relocation of any easements as necessary and other related costs generally necessary for the construction of the Project proposed by the Developer. [303] Cost of Construction Except as otherwise provided herein, all costs payable to third improvements acquiring ail be borne Project Site and constructing the Project, including any offs exclusively by the Developer. The Developer this hall also bear all costs i alated to discharging the duties of the Developer set [3041 Schedule of Performance i . As soon as the Project Site is acquired by Developer, Developer shall begin promptly thereafter to diligently complete the construction and the development of the Project. Developer shall begin and FADOCUMENTIK13\BAL.DW1N\DDA.V9 6 111699 complete plans, development and construction of the Project within the time specified in the Schedule of Performance or such reasonable extension of the dates as may be granted by Agency, which extension shall not be unreasonably withheld. The Schedule of Performance as identified in Exhibit 4 hereto is subject to revision from time to time as mutually agreed upon in writing between Developer and Agency. 2. During the period of construction, the Developer shall submit to the Agency written progress reports when and as requested by the Agency. The reports shall be in such form and detail as may reasonably be requested by the Agency. 3. Developer will market each newly constructed residential apartment unit in the Project to Low income Senior Citizens as soon as it is feasible to do so. [3051 A_qency and Other Governmental A enc Permits The Developer shall at its own expense use its commercially reasonable best efforts to secure or cause to be secured any and all permits and pay all related fees associated with the permits, which may be required by the City or any other governmental agency required for the construction of the Project. Agency shall provide all proper assistance to Developer in securing these permits. [306] Rights of Access 1. For the purposes of assuring compliance with this Agreement, representatives of the Agency shall have the reasonable °right °of- access to the Project without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including but not limited to, the inspection of the work being performed in constructing the Project with at least forty eight (48) hours notice. Such representatives of the Agency shall be those who are so identified in writing by the Community Development Director prior to the access. 2. From and after the Effective Date through the Close of Escrow, Developer, its agents, employees and contractors shall have the right to enter the Project Site for the purposes of conducting such investigations, inspections and tests of the Project Site as Developer deems necessary in order to determine the condition and suitability of the Project Site including, but not limited to, the Feasibility Matters. Developer hereby agrees to indemnify and hold the Agency harmless from and against any and all loss, expense, claim, damage and injury to person or property resulting from the negligent acts of the Developer, its employees, consultants, engineers, authorized agents and contractors on the Project Site in connection with the FAD000MENTRMBAt_DWINODAN9 111699 performance of any investigation of the Project Site as contemplated herein. [307] Local State and Federal Laws The Developer shall carry out the acquisition Project Site and construction of the Project in conformitywith all applicable laws, including all applicable federal and state labor standards, provided, however, Developer and its contractors, successors, assigns and transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. [3081 Taxes Assessments Encumbrances and Liens 1. Developer shall pay when due all real estate taxes and assessments on the Project and Project Site and levied subsequent to the execution of the Ground Lease. Developer shall not place or allow to be placed on a Project or any part thereof, any mortgage, trust deed, encumbrance or lien not permitted by the Ground Lease. Developer shall remove or have removed any levy or attachment made on the Project or portion thereof or assure the satisfaction thereof within a reasonable time, but in any event prior to a sale thereunder_ 2. frothing herein contained shall be deemed to prohibit Developer from: (i) contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limitthe remedies available to Developer in respect thereto; or (ii) encumbering the Project and/or Project Site as permitted in the Ground Lease. 3. The provisions of Article 8 Lender Protection of the Ground Lease are hereby incorporated herein by reference and shall apply to this Agreement. [309] Certificate of Com letion 1. Promptly after acquisition and completion of the construction on the Project (as required herein), Agency shall fumish Developer with a Certificate of Completion in a form consistent with Exhibit No. 5 hereto upon written request by Developer. The Agency shall not unreasonably withhold the Certificate of Completion for the Project. Such Certificate of Completion shall provide that satisfactory completion of the construction required by this Agreement and all other performance required by Developer under this Agreement has been conclusively determined by the Agency. 2. If the Agency refuses or fails to furnish a Certificate of Completion afterwritten request from the Developer, the Agency shall, within ten (10) days after the written request, provide the Developer with a written statement of the reasons the Agency refused or failed to furnish a Certificate of completion. The statement shall also contain FADOCUMENT1KIMBALDWINIODA.V9 111699 the Agency's opinion of the action the Developer must take to obtain a Certificate of Completion. if the reason for such refusal is confined to the immediate availability of specific items or material for non- material punch list items, and if the certificate of occupancy has been issued by the City, and if the costs of completion does not exceed $500,000.00, then the Agency will issue its Certificate of Completion upon the posting by the Developer with the Agency of a bond or other collateral in an amount representing the fair value of the work not yet completed. 3. The Certificate of Completion for the Project shall be in such form as to permit it to be recorded in the Recorder's Office of Los Angeles County. 4. The Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of any mortgage or any insurer of a mortgage securing money loan to finance the improvements, or any part thereof. Such Certificate of Completion is not Notice of Compliance as referred to in the California Civil Code Section 3093. This Section is not to be construed as a covenant of continuous operation. IV. [4001 RESIDENTIAL USE OF THE PROJECT SITE [401] Uses The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Project or any part thereof, that during acquisition, construction, and thereafter, the Developer, such successors and such assignees, shall - devote -the Project to the uses specified in this Agreement. The Developer shall acquire the Project Site in the time periods set forth in the Schedule of Performance. The Developer additionally, shall commence and complete the construction of the Project within the time required in the Schedule of Performance. Except for apartment units for one onsite manager and one onsite maintenance person. .each Project apartment unit will be used as the primary residence of a Low Income Person who is a Senior Citizen and for no other purpose. [402] Maintenance of the Project Site and the Project During and after completion of the construction of the Project, the Developer, shall maintain the improvements on the Project and shall keep the Project free from any accumulation of debris or waste materials and maintain the landscaping, and shall occupy, maintain and use the Project in accordance with this Agreement and all applicable local, state and federal laws. This obligation for maintenance of the Project shall continue pursuant to the terms of the Ground Lease. [403] Obli ation to Refrain from Discrimination There shall be no discrimination against or segregation of any person, a group of persons, on account of race, color, religion, marital status, disability, national origin or ancestry in the FADCCUMENTRMBALDWINRDDAM9 111699 9 construction, sale, transfer, use, occupancy, tenure or enjoyment of the Project, nor shall the Developer 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 any subsequent owners of the Project. f4041 Effect and Duration of Covenants 7. The covenants established in this Agreement shall be recorded against the Project in a Declaration of Covenants, Conditions and Restrictions in a form approved by Developer. The declaration shall, be binding for the benefit and in favor of the Agency, its successors and assigns, the Agency and any successor in interest to the Project_ The affordability covenants and the covenants against discrimination shall also be binding for the benefit and in favor of the State of California and shall run with the land. Affordable rent covenants shall not exceed 30% of 60% of the median income for the area, adjusted for family size consistent with Section 42 of the Internal Revenue Code for low income housing tax credits. The declaration shall remain in effect for thirty (30) years from the date the Certificate of Completion is issued for the Project. 2. Breach of any of the covenants or provisions contained in this Agreement shall not give rise to any right of reverter, to any estate of reverter, nor to any right of reentry or forfeiture of the Project or any part thereof, or to any successor assignee in interest in the Project or any part thereof or any interest therein_ 3. Notwithstanding anything contained herein to the contrary, this Agreement and the Declaration of Covenants, , Conditions -. ,and Restrictions shall be subject and subordinate to such agreements ('TCAC Agreement) as required by the California Tax Credit Allocation Committee ("TCAC ") in order to obtain and/or maintain Tax Credits as defined in the Ground Lease and all Loans permitted in Article 7 of the Ground Lease, and the Lenders, as defined in the Ground Lease shall have all of the rights and remedies available to them pursuant to Article 8 of the Ground Lease with respect to the Declaration of Covenants, Conditions and Restrictions and this Agreement. If there is any conflict in the requirements between the TCAC Agreement, and agreement required by any such Lender or the Declaration, the most restrictive requirement shall control. 4. The Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and forthe purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency, without regard to whether the Agency has been, remains or is an owner of any land or interest therein in the FADOCUMENTRKMALDWINODA.V9 111699 10 Project. The Agency shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. Such rights shall include the right of the Agency to seek a repayment of the Agency assistance for any and all breaches of the terms and provisions of this Agreement, the Declaration of Covenants, Conditions and Restrictions, the Deeds and of the covenants running with the land. [500] ESCROW AND CLOSING. [5011 Opening of. Escrow. Within three (3) business days after the Effective Date, Developer shall open an escrow (the "Escrow ") with Commonwealth Land Title Company, a California Corporation, (the "Escrow Holder") at Commonwealth Land Title Company, 888 W. 6th Street, Fourth Floor, Los Angeles, California 90071 by depositing with Escrow Holder a copy of this fully executed Agreement, or executed counterparts hereof. As used in this Agreement, the "Close of Escrow" shall mean the date a Memorandum of Ground tease provided for in the Ground Lease is recorded in the office of the recorder of Lo§ Angeles County, California. [5021 Escrow Closi�. The Close of Escrow shall occur on the date (the "Closing Date ") which is the earlier of (a) 36 months from the execution of the DDA by the City (the "Outside Closing Date"), and (b) a date designated by Developer in written notice to Agency and Escrow Holder which is not less than thirty (30) days after the date of such notice: [503] Failure to Close. In the event the Close of Escrow has not occurred by the close of business on the Outside Closing Date for any reason other than the breach or default of the Developer or Agency hereunder, then upon Escrow Holder's receipt of written notice of the termination of this Agreement from either the Developer or Agency (a) this Agreement and the Escrow shall terminate, and (b) the parties shall have no farther obligation to one another with respect to this Agreement, except as otherwise expressly provided herein. [5041 Pro A ions. Real property taxes and assessments for the Project Site shall be prorated as of the Close of Escrow on the basis of the most recent tax information. Said prorations shall be based on a thirty (30) day month. [5051 _Possession. F:ID0CUMENTIKBIBALDWlNtDDA.V9 111699 11 The Agency shall upon the Close of Escrow, deliver to Developer exclusive possession of the Project Site, subject only to the Permitted Exceptions, Vi. [600] CONDITIONS TO DEVELOPER'S OBLIGATIONS. [601] Title• Developer shall obtain within thirty (30) business days after the Effective Date, at its sole cost and expense, a Preliminary Title Report for the Property, from Commonwealth Land Title Company, a California Corporation (the "Title Company ") dated on or after the Effective Date, together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Project Site showing all the locations of all recorded easements (collectively, the "PTR ")_ 2. Developer shall have thirty (30) days after its actual receipt of the PTR to deliver to the Agency and Escrow Holder written notice (the "Title Notice) of Developers approval, conditional approval or disapproval of the title matters disclosed in the PTR. All matters not timely approved by Developer will be deemed disapproved. All such exceptions disapproved by Developer are referred to herein as "Disapproved Exceptions ". The Agency shall have thirty (30) days after (a) receipt of Developer's Title Notice' or (b) Developer's deemed disapproval of the PTR to cause such Disapproved Exceptions to be removed from title, or to cause the Title Company to endorse over such Disapproved Exceptions, as of or before ;the Close of Escrow, and to give Developer and Escrow Holder written notice of those Disapproved Exceptions- which-have -been or.wUlbe removed on or before the Close of Escrow. If the Agency fails to deliver its response notice within said thirty (30) day period, the Agency shall be deemed to have elected to eliminate or endorse over all matters disapproved or conditionally approved by Developer. Notwithstanding the foregoing, the Agency shall be obligated to remove or eliminate as exceptions to title to the Project Site as of the Close of Escrow all (a) monetary liens or encumbrances, and (b) all claims to fee We or leasehold or other interests in the Project Site, all of which constitute Disapproved Exceptions. 3. "Permitted Exceptions" shall mean all exceptions appearing on the PTR which are: (i) standard printed exceptions in the Title Policy issued by Title Company other than the "creditors' rights" exception, which the Agency shall cause to be eliminated or endorsed over, (ii) general and special real property taxes and assessments, a lien not yet due and payable; (iii) any liens, easements, encumbrances, covenants, conditions and restrictions of record approved or expressly waived by the Developer pursuant to this Section 601 and (iv) any matters affecting the condition of title to the Project Site created by or with the written consent of Developer. Any exceptions FAD0CUMENTIKMBALDW1N\DDA.V9 111699 12 to title shown on any supplement to the PTR that may be issued from time to time by the Title Company must be removed by the Agency at or prior to the Close of Escrow, or the Agency shall cause the Title Company to endorse over such exceptions at the Close of Escrow, unless such exceptions are expressly approved by Developer in writing or unless such exceptions constitute Permitted Exceptions. 4. Developer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Owner's Policy of Title Insurance (the "Title Policy ") showing a leasehold interest in the Project Site vested in Developer as tenant with liability equal to 1,000,000, subject only to the Permitted Exceptions together with such endorsements as Developer may reasonably require, including but not limited to an endorsement insuring that the Project Site is a legal lot in compliance with all subdivision requirements of all governmental authorities having jurisdiction over the Project Site, a "fairways" endorsement, a "non - imputation" endorsement, a zoning endorsement and an endorsement insuring that the Project Site has access to a publicly dedicated street. If the Title Company requires a survey in order to issue such Title Insurance Policy then Developer shall provide to the Title Company such survey at its sole cost and expense, provided that Developer shall have the right to waive the requirement for such Title Policy, in which event no survey shall be required. [602) Investigation of the Proiect Site. 1. Developer shall have the period from the Effective Date until the date which is three hundred sixty -five ( 365) calendar days.thereafter,(the "Feasibility Period ") to. review, in Developer's sole and absolute discretion, the suitability of the Project Site for the Project, including, without limitation, any governmental land regulations, zoning ordinances, architectural and design approvals, development costs, financial and market feasibility, the presence of "Hazardous Substances" (as defined in Exhibit 6 attached hereto), existing or potential assessments imposed on the Project Site and the physical condition of the Project Site (the "Feasibility Matters"). Failure by Developer to timely give notice of its approval or disapproval of the Feasibility Matters within the Feasibility Period shall be deemed disapproval thereof. If Developer disapproves or is deemed to disapprove of the Feasibility Matters or any of them, then this Agreement shall terminate, Developer shall pay any Escrow and title cancellation charges, the Escrow shall be terminated, and the parties will have no further obligation to one another. 2. On or before the date which is 36 months from the execution of the DDA by the City (the "Governmental Approval Contingency Date "), Developer shall have obtained all approvals from all applicable I= ADOGUMENTIKBIBALDWINODAN9 111699 13 Authorities „ (as such terms are defined in Section [601] as may be required in connection with the development, construction and operation of the Project upon terms and conditions satisfactory to Developer in its sole discretion. On or prior to the Governmental Approval Contingency Date Developer shall provide written notice to the Agency and Escrow Holder of the failure, satisfaction or waiver of this condition to Developer's obligations. In the event Developer fails to deliver such written notice on or prior to the Governmental Approval Contingency Date, this condition to Developer's obligations shall be deemed to have failed, and this Agreement shall terminate in accordance with the terms of Section [602].1 hereof. 3. On or before the date which is 36 months from the execution of the DDA by the City (the Financing Approval Contingency Date "), Developer shall have obtained all of the following: (a) the approval by all applicable Authorities of a preliminary reservation for the Project of low income housing tax credits ( "Tax Credits") under Section 42 of the Internal Revenue Code of 1986, as amended (the "Code ") together with all applicable regulations and other requirements relating thereto, upon terms and conditions acceptable to Developer in its sole discretion; and (b) the approval by all applicable Authorities of loans, grants, subsidies or other financial assistance from any local, county, state or federal Authority which Developer deems necessary or desirable for the completion of construction or long term financing of the Project, in an amount and on terms and conditions satisfactory to Developer in its sole discretion. On or prior to the Financing Approval Contingency Date, Developer shall provide written notice to the Agency and Escrow Holder of the failure, satisfaction or waiver .,of this condition Jo_ Developer's obligations. In the event Developer fails to deliver such written notice on or prior to the Financing Approval Contingency. Date, this condition to Developer's obligation shall be deemed to have failed, and this Agreement shall terminate in accordance with the terms of Section [602].1 hereof. 4. For the purposes of this Agreement, and in the context of the approval or reservation. of the Tax Credits and any other matter relating to Developer's proposed development of the Project Site, the term "approved" or "approval" shall mean that the City, County, State and any other applicable governmental quasi- governmental agency, body or authority (individually an "Authority ", and collectively, the "Authorities ") having jurisdiction over the Project Site or Tax Credits voted to approve such item or matter and all administrative appeal periods for such approval have expired without the fling of an appeal, or if an appeal is filed, that the appeal is resolved on terms satisfactory to Developer in its sole discretion. E:IDOC U M E N- IKMALD W I NO DAN9 111699 14 VI1. [7001 DEFAULTS AND REMEDIES [701] Defaults..— General 1. Subject to the extensions of time set forth in Section [8031, unexcused and uncured failure or delay by either party to perform any material term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must cure, correct, or remedy such failure or delay within the periods set forth below. 2. The injured party shall give written notice of default to the party in default (the "Defaulting Party "), specifying the default complained of by the injured party. Except as required to protect against further damages, the injured party may not institute proceedings against the party in default until at least thirty (30) days after the expiration of the applicable cure period set forth below. Delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. Except as otherwise expressly provided in this Agreement, any failures or delays by either party in asserting any of its rights and remedies as to any default, shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its rights to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies. If there is a default, delay or failure to perform under this Agreement (collectively "Potential Default") and the injured party has given the notice hereinabove provide for them the Defaulting Party shall have thirty (30) days from the receipt of said notice to cure the Potential .Default if .the Potential Default is the failure to pay money, 120 days from the receipt of such notice if the potential Default is any other kind of Potential Default, provided that if the Potential Default is of such a nature that it cannot be cured within 120 days, then the Potential Default shall be deemed to be cured if the Defaulting Party commences to cure the Potential Defaultwithin said 120 day period and diligently pursues curing said default thereafter, provided, however, that if the Potential Default is the failure of either party to Close Escrow in default of this Agreement then the cure period shall be limited to 30 days after the Defaulting Party has received the written notice hereinabove provided for. [702] Legal Actions In addition to any other rights or remedies, Agency or the Developer may, after the expiration of the applicable cure period provided for in Section [701] hereof, institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. E :IDOCUMEN1W\BALDW1NIDDA.V9 111699 15 Such legal actions must be instituted in the Superior Court of the County of Los Angeles, East District, State of California, in an appropriate municipal court in that district, or in the Federal District Court of California. 2. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 3. In the event that any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made in such other manner as may be provided by law. 4. In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service upon the agent for service of process or in such other manner as may be provided by law. [703] Rights and Remedies Are Cumu latiye Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. [704] Remedies and Ri hts of Termination Prior to Conveyance In the event that the Agency has committed a Potential Default which is not cured within the time hereinabove provided, then the Agreement shall, at the option of Developer, be terminated by written notice thereof to the Agency, provided that such termination shall not adversely affect Developer's right against the Agency under Section [702] or any other rights Developer may have at law or equity. [705] Termination b AAenc. The Agency may terminate thl's Agreement, if Developer has not cured any of the following defaults within the times hereinafter provided if any of the following defaults exist prior to the Close of Escrow: Developer (or any successor in interest) wrongfully assigns or attempts to assign this Agreement or any rights therein, or in the Project, or any part thereof subject to the provisions of Section [816] hereof; 2. Developer fails to complete acquisition of the Project Site and construction of the Project within the period provided for in the Schedule of Performance as such period may be extended as provided for in this Agreement; FMOCUMEt - RMBALDWINODA.V9 111699 16 3. Developer does not submit construction plans, drawings and related documents for the Project as required in the Schedule of Performance as such time may be extended as provided in this Agreement; 4. Violates any provisions of the Agreement and has not cured the violation within the cure periods provided for in Section [7011 hereof; 5. If any default or failure referred to in subdivisions (1) or through (4) inclusive shall not be cured within the time periods therein provided or in Section [70 11 hereof then this Agreement, shall, at the option of the Agency, be terminated by Agency. In the event of such termination, Developer (or assignee or transferee) shall have no further rights against the Agency under this Agreement. [7061 Remedies of Agency for Default by Developer After Close of Escrow and Prior to Completion. of Construction of the Protect After the close of Escrow and prior to recordation of a Certificate of Completion for the Project, if the Developer has not cured any Potential Default within the time provided in Section [7011 hereof, the Agency, at its option may terminate this Agreement and the defaulting party shall be liable to the Agency for any damages, caused by such default and such other relief as is afforded by applicable law, including but not limited to specific performances, provided that any Lender shalt have the rights provided for in Article 8 of the Ground tease. Vlll. [8001 SPECIAL PROVISIONS [8011 Notices Demands and Communications Between the Parties 1. Written notices, demands and communications between the Agency and the Developer shall be sufficiently given if delivered by hand (and a receipt thereof is obtained or is refused to be given), if dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed to the designated person or persons . at the principal offices of the Agency and the Developer, as set forth at Sections 104 and 105 respectively. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designated by mail. 2. Any written notice, demand or communication shall be deemed received immediately. [802] Conflicts of Interest No member, official or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects their personal interests or the interests of F:\D0CUMENnKBIBALDWINIDDA.V9 111699 17 any corporation, partnership or association in which they are directly or indirectly interested. No member, official or employee of the Agency shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Agency, or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. (803] Enforced Dela ; Extension of Times of Performance In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of omissions of the other party; acts or failures to act of the Agency of Baldwin Park or any other public or governmental agency or entity (other than the acts required of the Agency under this Agreement); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the Agency and Developer. 2. Notwithstanding the foregoing portion of this Section 603, the Developer is not entitled pursuant to this Section 603 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable temporary or permanently financing for the development of the Project. (804] Non- t.iabili of Officiafs and Em to ees of the A-qencv No member, official or employee of the Agency shall be personally liable to the Developer or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to the Developer, its successors, or on any obligations under the terms of this Agreement. [805] Submission of Documents to the A en for App royal Wherever this Agreement requires the Developer to submit plans, drawings or other documents to the Agency for approval, which shall be deemed approved if not acted on by the Agency within a specified time, the plans, drawings or other documents shall be F:IDOCUMBNTiKB1BALDWiN1DDA -V9 111699 1a accompanied by a letter stating that they are being submitted and will be deemed approved unless rejected by the Agency within the stated time. If there is not time specified herein for such Agency approval or rejection of documents within thirty (30) days after submission to the Agency or such documents shall be deemed approved. [8061 Amendments to this.Agreement Developer and Agency agree to mutually consider reasonable requests for amendments to this Agreement which may be made by lending institutions, or other parties, provided the requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. With the exceptions stated in Section 703 below, any amendment to this Agreement must be ratified by the Agency's Board of Directors. [807] Amendments to Scope of Development or Schedule of Performance it is recognized that performance under this Agreement will require a close degree of cooperation between the Agency and the Developer. It is further realized that subsequent events may demonstrate revisions that will be required in the performance hereunder, and that a certain degree of flexibility will be required; and it is to preserve such flexibility that certain provisions may have been delineated in this Agreement in general terms only, with the understanding that more precise details may be set forth in the Scope of Development or Schedule of Performance as may be required from time to time. The Scope of Development or Schedule of Performance may be further changed and amended from time to time as necessary upon approval by the Agency (through the Director of Community Development and the Developer (through its authorized representatives). [808] Survivor Provisions Except as provided herein, all of the terms, covenants, agreements, or conditions set forth in this Agreement relating to any parcel or building shall survive for thirty (30) years. [809] Audit Provisions The Agency shall have the right to audit and inspection of the books and records of Developer during normal business hours, affecting the development upon written notice seventy -two (72) hours prior to the audit. Developer shall maintain all books and records relating to this Agreement for four (4) years. (8101 Attome )ts' Fees If either party hereto should retain legal counsel for the purpose of enforcing any term or condition of this Agreement, the prevailing party shall be entitled to recover actual and reasonable costs and expenses, including but not limited to reasonable attorneys, fees. [8111 Countermarts This Agreement may be executed in counterparts, each of which is deemed to be an original. FADOCUMENT1 MALDWINMAM9 111699 19 [812] Entire Agreement This Agreement and its Exhibits integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. [8131 Waivers Except as provided in Section [807], the waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Agency and the Developer, and all amendments hereto must be in writing by the appropriate authorities of the Agency and the Developer. [8141 Independent Representation Developer acknowledges that it has had ample opportunity for review and approval of this document by its attorney and that any waiver of representation is as a result of independent decision. Developer further acknowledges that Agency Counsel is acting solely on behalf of Agency. [8151 Approvals Not Unreasonably Withheld In any circumstance where under this Agreement either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld except as specifically provided for in this Agreement. [816] Assignment Developer shall have the right to assign this Agreement without the consent or approval of the Agency provided that the assignee assumes the obligations of Developer hereunder. [817] Owner Participation Agreement The Owner's Participation Agreement entered into by and between the Agency and Developer is incorporated into this Agreement and is superseded by this Agreement. [9601 Effective Date The date of this Agreement ("Effective Date ") shall be the date when it shall have been signed by the Agency. [END OF TEXT. SIGNATURE PAGE FOLLOWS] F:ID0CUMENTIKBIBAL0WENIDDA.V9 111699 20 r IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement on the date set forth hereinbelow. REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK ATTEST: Bv_ AGENCY SECRETARY APPROVED AS TO FORM: EXECUTIVE DIRECTOR DATE: Baldwin Park Senior Apartments, L.P. By. ITS- DATE: By: AGENCY COUNSEL List of Exhibits " Exhibit 1 - Ground Lease Exhibit 2 - Project Site Exhibit 3 - Scope of Development Exhibit 4 - Schedule of Performance Exhibit 5 - Certificate of Completion Exhibit 6 - Hazardous Substances FAD0CUMENnKBIBAL0WINIDDA.V9 111699 21 GROUND LEASE by and between The Baldwin Park Redevelopment Agency ( "Landlord ") and ( "Tenant ") Baldwin Park, California FADOCUMENTIKMALDWINODA_V8 110899 2 TABLE OF CONTENTS Page No. ARTICLE 1. DEFINITIONS .............. ............................... 1 ARTICLE 2. TERM OF LEASE . . ......... ............................... 5 Section 2.1 Fixed Term ........ ............................... 5 Section 2.2 Possession ........ ............................... 5 ARTICLE 3. RENT Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Rent..................... Additional Rent ............. Place for Payment of Rent ... . Additional Rent Statement Annual Report .............. N tR t .............. 5 5 5 5 5 ...................... 5 een . . . . . . . . . . I .............. ARTICLE 4. USE OF PROPERTY ......... ............................... 6 Section 4.1 Use and Operation .. ............................... 6 Section 4.2 Zoning and Use Permits ............................. 6 Section 4.3 Approval of Plans Required .................. • ..... 7 Section 4.4 Only Lawful Uses Permitted ......................... 7 Section 4.5 Restrictions by Tenant .............................. 7 Section 4.6 Termination of Use Restrictions ....................... 8 ARTICLE 5. TAXES AND UTILITIES ...... ............................... 8 Section 5.1 Tenant to Pay Taxes . ............................... 8 Section 5.2 Payment Before Delinquency ......................... 8 Section 5.3 Taxes Payable in Installments .............. 9 Section 5.4 Contest of Tax ...... ............................... 9 Section 5.5 Tax Hold - Harmless Clause ........................... 9 Section 5.6 Utilities ........... ............................... 9 Section 5.7 Payment by Landlord .............................. 10 ARTICLE 6. CONSTRUCTION BY TENANT ............................... 10 Section 6.1 Notice of Commencement of Construction .............. 10 Section 6.2 Construction Obligation; Condition Precedent to Construction ...... .....• ......................... 10 Section 6.3 Condition Precedent to Construction .................. 10 Section 6.4 Compliance With Law and Quality 10 Section 6.5 Mechanics' Lien ... ............................... 11 FADOCUMEN- RMBALDWINMAN8 110899 Section 6.6 Ownership of the Project .................... . ....... 11 ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE ......:............. 11 Section 7.1 Tenanfs Right to Encumber Leasehold ................ 11 ARTICLE 8. LENDER PROTECTION ..... ............................... 12 Section 8.1 Notice to and Service on Lender ...................... 12 Section 8.2 No Modification of Lease or Termination of Lease Without Lender's Consent .. ............................... 12 Section 8.3 Rights of Lender ... ............................... 12 Section 8.4 Right of Lender to Cure Defaults ...................... 13 Section 8.5 Foreclosure in Lieu of Curing Default .................. 13 Section 8.6 Assignment Without Consent on Foreclosure ............ 14 Section 8.7 New Lease to Lender .............................. 15 Section 8.8 No Merger of Leasehold and Fee Estates .............. 16 Section 8.9 Lender as Assignee of Lease ........................ 16 Section 8.10 Lender as Including Subsequent Security Holders ........ 16 Section 8.11 Estoppel Certificates ............................... 16 Section 8.12 Superiority of Ground Lease ......................... 16 Section 8.13 Amendments ...... ............................... 17 Section 8.14 Restriction on Landlord's Right to Encumber the Fee ...... 17 Section 8.15 Restriction on Subordination of Tenant's Interest ......... 17 Section 8.16 Lender's Nominee .. ............................... 17 Section 8.17 Multiple Lenders ............................ ; ..... 17 ARTICLE 9. REPAIRS AND RESTORATION .................... 17 Section 9.1 No Obligation of Landlord ... ....................... 17 Section 9.2 Maintenance by Tenant ............................. 17 Section 9.3 Compliance with Applicable Law ...................... 18. Section 9.4 Damage or Destruction ............................. 18 Section_9.5 Application of Insurance Proceeds .................... 19 Section 9.6 Continuing Obligation to Pay Rent .................... 20 ARTICLE 10. INDEMNITY AND INSURANCE ............................. 20 Section 10.1 Indemnity Agreement .............................. 20 Section 10.2 Exculpation of Landlord ............................. 21 Section 10.3 Obligation to Indemnify Other Party ................... 22 Section 10.4 Liability Insurance .. ............................... 22 Section 10.5 Casualty Insurance ................................ 23 Section 10.6 Required Insurance During Construction .............. 23 Section 10.7 Insurance Terms ... ............................... 24 Section 10.8 Other Insurance; Waiver of Rights .................... 24 Section 10.9 Adjustment ....... ............................... 24 Section 10.10 Lender Requirements ............. . ................ 25 FADOC U M ENTRMBALD W 1 NODA.V8 110899 ii Section 10. 11 Environmental Indemnity ............................ 25 ARTICLE 11. CONDEMNATION ......... ............................... 25 Section 11.1 Definitions ........ ............................... 25 Section 11.2 Notice and Representation .......................... 27 Section 11.3 Total or Substantial Taking .......................... 27 Section 11.4 Partial Taking ..... ............................... 28 Section 11.5 Limited Takings .... ............................... 29 Section 11.6 Partial Taking During Final Years of Lease Term ......... 30 11.7 Allocation of Award of Tenant's Section 11.6 Election ............. 30 ARTICLE 12. ASSIGNMENT AND SUBLEASING .......................... 30 Section 12.1 Tenant's Right to Assign Lease Without Landlord's Consent orApproval ....... ............................... 30 Section 12.2 Lease Termination Upon Assignment .................. 31 Section 12.3 Tenant's Right to Sublease .......................... 31 Section 12.4 Assignment, Sublease, or Transfer Prior to Completion of Improvements ..... ............................... 31 ARTICLE 13. Intentionally Omitted ...... ............................... 32 AR "1fICLE 14. DEFAULT AND 'VERMINATION ............................. 32 Section 14.1 Abandonment by Tenant ............................ 32 Section 14.2 Termination for Breach by Tenant ............... ..... 32 Section 14.3 Landlord's Right of Reentry ........................... 33 Section 14.4 Landlord's Right to Relet the Property ............... . . 33 Section 14.5 No Automatic Termination ........................... 34 Section 14.6 Holding Over ..................................... 34 Section 14.7 Landlord's Rights of Self-Help ........................ 34 Section 14.8 Waiver of Breach .. . ............................... 35 Section 14.9 Surrender of Property and Project .................... 35 ARTICLE 15. MISCELLANEOUS' ......... ...I ........................... 35 Section 15.1 No Joint Venture ... ............................... 35 Section 15.2 Force Majeure - Delays ............................. 35 Section 15.3 Attorneys' Fees .... ............................... 36 Section 15.4 Notices .......... ............................... 36 Section 15.5 Governing Law .... ............................... 36 Section 15.6 Binding on Heirs and Successors ..................... 37 Section 15.7 Partial Invalidity .... ............................... 37 Section 15.8 Sole and Only Agreement; Amendment ................ 37 Section 15.9 Time of Essence ... ............................... 37 Section 15.10 Memorandum of Lease for Recording .................. 37 Section 15.11 Gender, Single and Plural, Joint and Several ............ 37 FADOCUMEM 1KBIBALDWIMDDA.V8 11 0899 i i i Section 15.12 Signs ............ .......................... ...... 38 Section 15.13 Reasonable Consent .. ........................... 38 Section 15.14 Quiet Possession .. ............................... 38 Section 15.15 Estoppel Certificate . ............................... 38 Section 15.16 Representations and Warranties of Tenant and Landlord .. 38 Section 15.17 Attomment ....... ............................... 38 Section 15.18 Limit of Tenant's Liability ............................ 39 Section 15.19 Limit of Landlord's Liability .................... 4. 39 Section 15.20 Sections ......... ............................... 39 Section 15.21 Incorporation of Preamble and Exhibits ................ 39 FADOCUMENTIKMALDWINWA.V8 110899 iv GROUND LEASE This Ground Lease ( "Lease ") is made by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (party to be designated by Kaufman and Broad Multi- Housing Group, Inc.) (herein called 'Tenant "), with respect to the land and premises located in the City of Baldwin Park, County of Los Angeles, State of Califomia described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property "). This Lease shall be on the following terms and conditions: ARTICLE I. DEFINITIONS The following terms as used in this Lease shall have the meanings given herein unless expressly provided to the contrary. "Additional Rent" means the Additional Rent payable by Tenant to Landlord as provided in Section 3.2 hereof. "Affiliate" means (i) any party directly or indirectly controlling, controlled by or under common control with another party, (ii) any party owning or controlling 10% or more of the outstanding voting securities of such other party, (iii) any officer, director or partner of such party, or (iv) if such other party is an officer, director or partner, any company for which party acts in any such capacity. "Base Rent" means the Base Rent payable by Tenant to Landlord as provided in Section 3.1 hereof. "Bridge Loan" means any loan secured by Lien made by KBMH Capital, Inc. or any Affiliate thereof with respect to the Project. "Capital Improvement Loan" means any loan or loans to Tenant secured by a Lien, which is made to finance additional capital improvements for the Project, after Completion of Construction. "Cash Expenditures" means, with respect to any period, all expenditures of cash with respect to the operation of the Project by Tenant during such period including, without limitation, payment of operating expenses, payment of Base Rent and other obligations underthis Lease other than Additional Rent, payment of the Permit Fees, payment of Debt Service and principal and interest on the indebtedness of Tenant, payment of real estate taxes, assessment and bonds, cost of repair and restoration of the Project (other than from insurance proceeds), payment of a partnership administration fee of $5,000 per year, adjusted annually by the Index, payment of an asset management fee of $5,000 adjusted FADOCUMENTWMALDW1NWAN8 110899 "Disposition and Development Agreement" is that certain agreement entered into by and between the Landlord and Tenant on in which Tenant agreed to participate as a developer in furthering the Landlord's goals under the redevelopment plan of the project area in Baldwin Park. "Hazardous Materials" means substances defined as "hazardous substances ", "hazardous materials ", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec, 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq; those substances defined as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in Section 25316 of the California Health & Safety Code; any similar substances as defined and used in any similar environmental control law applicable to the Property; and in the regulations adopted or publications promulgated pursuant to said laws or any amendments thereto. "Index" means the maximum annual percentage that rent of a tenant in the Project may be changed and still have the Project qualify for Tax Credits. "KBMH" means Kaufman and Broad Multi- Housing Group, Inc. or any Affiliate thereof. "Lease" means this Ground Lease. "Lender" means the payee or holder of any indebtedness of Tenant, or the mortgagee or a beneficiary of any Lien, and shall include the successors and assigns of the foregoing. "Lien" means any deed of trust, mortgage or other security instrument encumbering the Tenant`s leasehold estate in the Property and/or Project, or any part thereof, securing any Loan. "Loan" means any loan made as permitted in Article 7 ( "Encumbrance of Leasehold Estate ") hereof, or any other loam to Tenant described in Debt Service. "Negative Cash Flow Loan" means any loan or loans to Tenant secured by a Lien, which is made to finance any operating deficits for the Project, whereby Cash Receipts are insufficient to pay Cash Expenditures as and when due, and reserves otherwise established for pat° anent of such deficits have been expended or are unavailable to Tenant by the provisions of any other Loan. "Nei Spendable Cash Flow" means the excess of (i) Cash Receipts over (ii) Debt Service and Cash Expenditures. Net Spendable Cash Flow shall be determined separately for each Year. FADOCUMEN71KMALDWINODA.V8 110899 3 "Permanent Loan" means any loan having a term of at least 15 years, a part of the proceeds of which are used to pay off any Construction Loan or the refinancing of any loan, a part of the proceeds of which were used to pay the Loan paying off any Construction Loan, and which loan is secured by a Lien. "Permit Fees" means all fees payable to the City of Baldwin Paris to process all discretionary entitlements necessary for the development of the Project. "Prime Rate" means the prime rate of interest or the equivalent thereof established by the Bank of America or if the Bank of America is no longer in existence, then by the then largest commercial bank in California on the date of payment. "Project" means the Property and the improvement of the Property with a residential apartment project containing at least 50 apartment units for low - income persons as defined in the Disposition and Development Agreement, and (i) any improvements appurtenant thereto and (ii) any improvements that may alter, repair, add to or replace the apartment project. "Regulatory Agreements" means such Regulatory Agreements as may be required under Section 42 of the Internal Revenue Code of 1986, as amended, for Federal low income housing tax credits, and under California Revenue and Taxation Code, Section 23610.5, for State low income housing tax credits, in order for Tenant to obtain and maintain such tax credits for the Project as provided for therein. "Rent" means the Base Rent and the Additional Rent as provided in Sections 3,1 and 3.2 hereof. "Reserves" means reserves for operations and capital improvements or such amounts as may be required by a Lender, and to the extent not required by a Lender the establishment and maintenance of an operating reserve equal to $200 per apartment unit in the Project and" a capital reserve of $200 per apartment unit in the Project. "Tax Credits" means the low income housing tax credits allowable to Tenant with respect to the Project under Section 42 of the Internal Revenue Code of 1986, as amended, for Federal tax credits, and under Section 23610.5 of the California Revenue and Taxation Code, as amended, for State tax credits. "rear" means a calendar year commencing on January 1 and terminating on December 31. FADOCUMENTIKMALDWINWAN8 110899 4 ARTICLE 2. TERM OF LEASE Section 2.1 Fixed Term. The term of this Lease shall commence on the date this Lease is executed by Landlord and delivered to Tenant ( "Commencement Date ") and shall terminate fifty -seven (57) years thereafter. Section 2.2 Possession. Landlord shall on the Commencement Date deliver possession of the Property to Tenant for its sole use and occupancy, free and clear of all liens, encumbrances, charges, leases, rights or possession by others except for those matters shown on the Preliminary Title Report for the Property attached hereto as Exhibit B and incorporated herein which have been approved by Tenant in writing. ARTICLE 3. RENT Section 3.1 Rent. Tenant agrees to pay to Landlord, Rent for this Lease and the use and occupancy of the Property consisting of (i) Base Rent ( "Base Rent') in the amount of One Dollar per Year, which Base Rent shall be due and payable in advance on the first day of each Year, and (ii) Additional Rent ( "Additional Rent') as provided in Section 3.2 hereof. The Base Rent shall be increased each Year by the maximum increase in the Index for the prior Year. Section 3.2 Additional Rent. Commencing in the year that the Completion of Construction has occurred, Additional Rent shall be payable to Landlord on an annual, non - cumulative basis, in an amount equal to 25% of Net Spendable Cash Flow for the remaining term of this Lease. Tenant shall be entitled to a credit against the Additional Rent for the Base Rent paid to Landlord for the Year in which the Additional-Rentis -due. Additional Rent shall be due and payable in arrears within one hundred twenty (120) days after the end of each Year. Section 3.3 Place for Payment of Rent. The Rent shall be paid to Landlord at the address of Landlord listed hereinbelow, or such other place as Landlord may from time to time designate by written notice given to Tenant. Rent shall be payable in lawful money of the United States of America. Section 3.4 Additional Rent Statement. Tenant shall furnish to Landlord with each Additional Rent payment a written statement showing the calculation of the Additional Rent. Section 3.5 Annual Report. Tenant shall furnish to Landlord, within one hundred twenty days (120) of the close of each Year, a statement by an independent certified public accountant, selected byienant, showingthe Net Spendable Cash Flow and the computation of the Additional Rent payable for the preceding Year. Tenant shall maintain at its offices full, complete and proper books, records and accounts of Cash FADOCUMEN- RMBAi..DWINTDA.V8 110899 5 Receipts and Cash Expenditures for each Year for three (3) Years next succeeding the close of each Year-. Such records shall be available for inspection by Landlord or an authorized representative of Landlord, on five (5) business days prior written notice to Tenant during such three (3) Year period, and Landlord shall have the right to take excerpts therefrom and make copies thereof without removing them from Tenant's office for the purposes of making any computations or verification of any statements submitted by Tenant pursuant to this Section. To the extent that an audit by Landlord shall determine that there has been a deficiency in the payments of Additional Rent by Tenant, the amount of such deficiency shall be and become forthwith due and payable by Tenant from its share of Net Spendable Cash Flow. In addition, if Tenant's statement for any Year shall be found to have understated the appropriate Additional Rent as a result of said understatement by more than five percent (5 %), then Tenant shall pay from its share of Net Spendable Cash Flow, all of Landlord's reasonable costs and expenses connected with any audit or review of Tenant's accounts and records which disclosed such discrepancy. If there is not an understatement of more than five percent (5 %), the cost of such audit or review shall be borne by Landlord. Section 3.6 Net Rent. Tenant shall pay all of the Rent provided for in this Lease to Landlord, absolutely net throughout the term of this Lease, without deduction for any charges, assessments, impositions or deductions of any kind and without abatement; deduction or set -off. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of, the parties, shall Landlord be expected or required to make any payment of any kind whatsoever or to perform any act or obligation whatsoever or be under any obligation or liability hereunder or with respect to the Property except as specifically set forth in this Lease or as required by any common law, statute or regulation. ARTICLE 4. USE OF PROPERTY Section 4.1 Use and Operation. Notwithstanding anything contained in this Lease to the contrary, Tenant may use the Property for any lawful purpose, including without limitation the construction and operation thereon of the Project, subject to the requirements and limitation of the Regulatory Agreements. Tenant shall conduct its business on the Property at all times in a respectable, reputable and lawful manner. It is u nderstood that subject to the limitations contained in this Lease, Tenant shall have control of the operation of the Property and Project, and the right of Landlord to receive Rent, including Additional Rent, shall not be deemed to give Landlord any interest, control or discretion in the operation of the Property and/or Project other than what is prescribed in the Disposition and Development Agreement. Section 4.2 Zoning and Use Permits. When Landlord's approval is necessary or appropriate to obtain any governmental approvals or permits for any use of the Property permitted under this Lease, such as a conditional use permit, variance, or rezoning of the FADOCUMEN- RMBALDWINODAM8 110899 6 Property, Landlord agrees to execute such documents, petitions, applications and authorizations as may be necessary or appropriate to'obtain any such approvals or permits, provided, however, that any such approvals or permits shall be obtained at the sole cost an expense of Tenant, and Tenant agrees to protect and save Landlord and the property of Landlord, including the Property, free and harmless from any such cost and expense, provided Landlord is in compliance with the provisions hereof. Section 4.3 Approval of Plans Required. No structure or other improvement of any kind shall be erected or maintained on the Property, or any part thereof, unless Tenant has obtained all the approvals required from all governmental agencies having jurisdiction, and substantially in accordance with plans and specifications prepared by a licensed architect, engineer or contractor, provided that Tenant shall have the right to commence construction of the Project when it has obtained a grading permit or its equivalent from the City (the "Grading Permit "). Tenant acknowledges that a Grading Permit shall not issue until Tenant has received all discretionary approvals from agencies with jurisdiction over the Project, including but not limited to, a conditional use permit from the City. Section 4.4 Only Lawful Uses Permitted. Tenant shall not use the Property or any part thereof in any manner that is in violation of any valid law, ordinance or regulation of any federal, state, county or local governmental agency, body or entity, provided however that nothing herein contained shall limit Tenant's right to contest any such law, ordinance or regulation and continue its use of the Property pending said contest so long as said continued use is permitted by law, ordinance or regulation during said contest. Furthermore, Tenant shall not maintain or commit any nuisance as now pr hereafter defined by any statutory or decisional law applicable to the Property and/or the Project or any part thereof. Section 4.5 Restrictions by Tenant. In connection with Tenant's development, use and operation of the Property and /or the Project, Tenant shall have the right, at any time and from time to time during the term of this Lease to enter into, deliver, record, and otherwise consent to .or impose any covenants, conditions or restrictions, condominium plans, parcel maps, subdivision maps, and easements, including the Regulatory Agreements (all of such matters and actions are hereinafter collectively referred to as "Restrictions and Covenants ") applicable to and against Tenant's interest in the. Property and /or the Project, or any part thereof, and the leasehold estate created hereby, and Landlord shall cooperate with Tenant and on written request of Tenant shall join with Tenant in executing such Restrictions and Covenants. Tenant shall not have the power or authority to impose Restrictions and Covenants on the fee estate of Landlord without Landlord's prior written consent, which shall be granted for any Regulatory Agreements, and for any other Restriction or Covenant, if such other Restriction and Covenant is required by any governmental entity having jurisdiction over the Property and /or Project in order for Tenant to improve the Property with the Project. Landlord acknowledges and agrees that operating the Project in accordance with the Regulatory Agreements and the F ADOCUMENTIMBALDW IMDDAM8 110899 7 requirements of Section 42 of the Internal Revenge Code and Section 23610.5 of the California Revenue and Taxation Code in order to provide low income housing tax credits to Tenant, will have a substantial adverse impact on the Cash Receipts, Net Spendable Cash Flow and Additional Rent payable hereunder, and Landlord specifically agrees and consents to Tenant's so operating the Project in accordance with the Regulatory Agreements and requirements for such tax credits. Section 4.6 Termination of Use Restrictions. .Landlord agrees that, in addition'to all the Lender protection provisions contained in Article 8 ( "Lender Protection ") of this Lease, any Lender and its successors and assigns., including but not limited to the Federal National Mortgage Association, malting a Permanent Loan which is funded on or after Completion of Construction of the Project shall have the right to terminate the restrictions on the use of the Property provided for in the Disposition and Development Agreement and in Sections 4.1 ( "Use and Operation ") and /or4.5 ( "Restrictions by Tenant') hereof in the event of an involuntary noncompliance with the provisions of either of said Sections caused by foreclosure of the Lien of such permanent loan, delivery of a deed in lieu of foreclosure or comparable conversion of such permanent loan, fire, seizure, requisition, change in a federal law, or an action of a federal agency, or condemnation or a similar event, but only if (i) within a reasonable period thereafter the bonds ("Bonds ") issued in connection with such Permanent Loan, in an aggregate principal amount equal to such Permanent Loan are paid in full and retired, and further that the restrictions of the Disposition and Development Agreement and in said Sections 4.1 ( "Use and Operation ") and/or 4.5 ( "Restrictions by Tenant') shall be reinstated if, at any time subsequent to the termination of said restrictions as the result oftheforeclosure of the lien of such Permanent Loan, the delivery of a deed in lieu of foreclosure or comparable conversion of such Permanent Loan, the Tenant or any related person (within the meaning of Section 1.103 - 10(e) of the Treasury Regulations) obtains an interest in the Property which.constitutes-an ownership interest for federal income tax purposes, or (ii) an opinion of bond counsel is delivered to the issuer of the Bonds to the effect that such termination will not adversely affect the exclusion from gross income for federal income tax purposes of the interest payable on the Bonds. ARTICLE 5. TAXES AND UTILITIES Section 5.1 Tenant to Pay Taxes. In addition to the Rent required to be paid under this Lease, Tenant shall pay, and Tenant hereby agrees to pay, any and all taxes (including possessory interest taxes, assessments, and other charges levied or assessed during the term of this Lease by any governmental agency or entity on or against said Property and Project (other than the interest of Landlord), or any other improvements or other property in or on the Property or Project owned by Tenant, except for any increase in real estate taxes or assessments on account of any transfer or change in ownership by Landlord of its fee title to the Property other than to Tenant. FADOCUMENT MBALDWINIDDAY8 110899 8 Section 5.2 Payment Before Delinquency, Unless Tenant contests the imposition of the tax or assessment, any and all taxes and assessments and installments of taxes and assessments required to be paid by Tenant under this Lease shall be paid by Tenant before each such tax, assessment or installment of tax or assessment becomes delinquent, and the official and original receipt for the payment of such tax, assessment or installment shall immediately be given to Landlord after receipt thereof by Tenant. Section 5.3 Taxes Payable in Installments. Should any tax or assessment be levied on or assessed against said Property and/or Project, or any part thereof, that may be either paid in full prior to delinquency or paid in installments over a period either within or extending beyond this Lease, Tenant shall have the option of paying such tax or assessment in installments. The fact the exercise of the option to pay the tax or assessment in installments will cause the Property and /or Project, or any part thereof, to be encumbered with bonds or will cause interest to accrue on the tax or assessment is immaterial and shall not interfere with the free exercise of the option by Tenant. Should Tenant exercise the option to pay any such tax or assessment in installments, Landlord shall cooperate with Tenant and on written request of Tenant execute or join with Tenant in executing any instruments required to permit any such tax or assessment to be paid in installments. Section 5.4 Contest of Tax. Tenant shall have the right to contest, oppose, or object to the amount or validity of any flax, assessment, or other charge levied on or assessed against said Property and /or Project, or any part of thereof, provided, however, that the contest, opposition or objection must be filed before the tax, assessment or other charge at which it is directed becomes delinquent, and written notice of the contest, opposition or objection must be given to Landlord at least fifteen (15) days before the date the tax, assessment or other charge becomes delinquent. Landlord- .shall,:,,on,wdtten request of Tenant, join in any such contest, opposition or objection if Tenant determines such joinder is necessary or convenient for the proper prosecution of the proceedings but Landlord shall not be liable for any costs or expenses incurred or awarded in the proceeding. Tenant shall have the right to seek to abate real property taxes and assessments pursuant to the welfare exemption under Section 214 of the California Revenue and Taxation Code. Section 5.5 Tax Hold- Harmless Clause. Tenant shall indemnify and hold Landlord and the property of Landlord, including the Property and/or Project free and harmless from any liability, loss ordamage resulting from any taxes, assessments orother charges required by this Article to be paid by Tenant and from all interests, penalties and othersums imposed thereon and from any sales orother proceedings to enforce collection of any such taxes, assessments or other charges. Section 5.6 Utilities. Tenant shall during the term of this Lease pay or cause to be paid, and hold Landlord and the property of Landlord, including said Property and the Project, free and harmless from, all charges for the furnishing of gas, water, electricity, FADOCUMEN- RMBALDWINIDDAN8 110899 9 telephone service, and other public utilities to said Property and Project and for the removal of garbage and rubbish from said Property,and Project. Section 5.7 Payment by Landlord. Unless Tenant contests the imposition of the tax, assessment or other charge, should Tenant fail to pay within the time specified in this Article any taxes, assessments or other charges required by this Article to be paid by Tenant, Landlord may, upon sixty (60) days' prior written notice to Tenant, pay, discharge or adjust such tax, assessment or other charge for the benefit of Tenant unless Tenant has made said payment within said sixty (60) day period. In the event that Landlord makes such payment, Tenant shall promptly on written demand of Landlord reimburse Landlord for the full amount paid by Landlord in paying, discharging or adjusting such tax, assessment or other charge, together with interest thereon at the Prime Rate but not to exceed of ten percent (10 %) per annum from the date of payment by Landlord until the date of repayment by Tenant. Where no time within which any charge required by this Article to be paid by Tenant is specified in this Article, such charge must be paid by Tenant before it becomes delinquent. ARTICLE 6. CONSTRUCTION BY TENANT Section 6.1 Notice of Commencement of Construction. No work of any kind shall be commenced on and no building or other materials shall be delivered for the Project, nor shall any other building or land development work be commenced or building materials be delivered on or to the Property until at least five (5) days after written notice has been given by Tenant to Landlord of the commencement of such work or the delivery of such materials. This Section shall apply onlyto initial work ordelivery of material and not to subsequent work or deliveries. Landlord shall, at any time and all times _Dave tfae_xaght.. to post and maintain on the Property and to record as required bylaw any notice or notices of nonresponsibility provided for by the mechanics' lien laws of the State of California. Section 6.2 Construction Obligation; Condition Precedent to Construction. Tenant shall enter into a construction contractwith a licensed general contractor ( "General Contractor") for construction of the Project in accordance with plans which have been approved by the City. Section 6.3 Condition Precedent to Construction. Before commencement of construction of the Project, Tenant shall deliver to Landlord (i) a copy of the Grading Permit or its equivalent, (ii) evidence of builders risk insurance in accordance with requirementsof Section 10.6 ("Required Insurance During Construction "), and (iii) evidence of proper worker's compensation insurance as procured to coverall persons employed by Tenant and its agents in connection with the construction of the Project. Section 6.4 Compliance With Law and Quality. The Project shall be constructed, and all work performed on the Property and all buildings or other FAD OC U M ENTWMALD W I NT DAN8 110899 10 improvements erected on the Property shall be in accordance with all valid laws, ordinances, regulations and orders of all federal, state, county or local governmental agencies or entities having jurisdiction over the Property, including but not limited to the Americans With Disabilities Act (42 U.S.C. Section 12101, et seq.), the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3604(f)), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), and the rules and regulations promulgated thereunder. All work performed on the Property pursuant to this Lease, or authorized by this Lease, shall be done in a good workmanlike manner. Completion of construction of the Project ( "Completion of Construction ") shall be deemed to have occurred in full compliance with all valid laws, ordinances, regulations and orders when valid final certificates of occupancy, or their equivalent, have been issued by the governmental authority having jurisdiction for all structures or other improvements comprising the Project. Section 6.5 Mechanics' Lien. Tenant hereby agrees to indemnify and save Landlord harmless from and against any loss, damago or liability arising out of any mechanics' liens for claims for labor or services, materials.or supplies or equipment performed or furnished to the Property at the request of Tenant, its agents, contractors, subcontractors or assigns. Section 6.6 Ownership of the Project. Upon expiration or sooner termination of this Lease, all buildings and improvements located on the Property; including but not limited to the Project, shall belong to and become the property of Landlord, free from any rights, claims and liens of Tenant or any person, agency, political subdivision, firm or corporation claiming under Tenant, without any compensation therefor from Landlord; to Tenant orto any other person, agency, political subdivision, firm or corporation, but subject to the rights of subtenants in possession. Upon the expiration orsoonerte ination -of this . Lease, except for a new lease under Section 8.7 ( "New Lease to Lender"), such building and improvements shall be surrendered to Landlord. Tenant shall also upon the expiration or sooner termination of this Lease surrender to Landlord such. personal property owned by it used in the operation of the Project such as furniture, office equipment, maintenance equipment, pool furnishings, library.and craft shop equipment, if any. Except as provided in the immediately preceding sentence, Tenant shall have the right to remove any computer equipment, files, books, records, office supplies and other personal property without any accounting to Landlord so long as removing any such properly does not cause or result in any physical damage to the Project. ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE Section 7.1 Tenant's Right to Encumber Leasehold. Tenant, to obtain a Loan, or l.dans, may mortgage, pledge, hypothecate or otherwise encumberto any person or entity by deed of trust or mortgage or other security instrument all or any portion of Tenant's right, title and interest underthis Lease and the leasehold estate hereby created. F.IDOCUMENTWMALDWINODA.V8 110899 11 ARTICLE 8. LENDER PROTECTION Section 8.1 Notice to and Service on Lender. Landlord shall mail to Lender, should Tenant incur any Lien pursuant to Article 7 ( "Encumbrance of Leasehold Estate "), a duplicate copy of any and all notices Landlord may from time to time give to or serve on Tenant pursuant to or relating to this Lease. Tenant shall at all times keep Landlord informed in writing of the name and mailing address of Leader and any changes in Lender's mailing address. Any notices or other communications permitted by this or any other Section of this Lease or by law to be served on or given to Lender by Landlord shall be deemed duly served on or given to Lender by deposit in the United States mail, certified, return receipt requested or by overnight courier, return receipt, addressed to Lender at the last mailing address for Lender furnished in writing to Landlord by Tenant or Lender. The date of notice shall be the date marked on the return receipt. Section 8.2 No Modification of Lease or Termination of Lease Without Lender's Consent. Should Tenant obtain any Loan secured by a Lien as permitted in Article 7 ( "Encumbrance of Leasehold Estate "), Tenant and Landlord hereby expressly stipulate and agree that they will not modify this Lease in any way nor cancel or terminate this Lease by mutual agreement nor will Tenant surrender its interest in this Lease without the written consent of each Lender. Section 8.3 Rights of Lender. Should Tenantobtain any Loan secured by any Lien pursuant to Article 7 ( "Encumbrance of Leasehold Estate "), the Lender shall have the right, without further consent of Landlord, at any time during the term of this Lease to: 8.3.1 Do any act or thing required of Tenant under-this .Lease, and.any such act or thing done and performed by Lender shall be as effective to prevent a forfeiture or loss of Tenant's rights under this Lease as if done by Tenant himself; 8.3.2 Transfer, convey or assign the right, title and interest of Tenant in and to the leasehold estate created by this Lease to any purchaser at any foreclosure sale, whetherthe foreclosure is conducted pursuantto court orderor pursuant to a powerof sale contained in a Lien, provided, however, that subject to the terns of Section 4.6 hereof, any foreclosure purchaser shall agree to be bound by those certain affordability covenants and restrictions set forth in the Disposition and Development Agreements and 8.3.3 Acquire and succeed to the right, title and interest of Tenant under this Lease by virtue of any foreclosure proceeding, v.,hether the foreclosure is conducted pursuant to a court order or pursuant to a power of sale contained in a Lien, or by virtue of a transfer in lieu of foreclosure ( "Foreclosure ") and, following such Foreclosure, transfer, convey or' assign the right, title and interest of Tenant in and to the leasehold estate granted by this Lease to any third party. F.ID0CUMENTIKBWALDW1N\DDA.V8 110899 12 Section 8.4 Right of Lender to Cure Defaults. Should Tenant obtain any Loan secured by any Lien pursuant to Article 7 ( "Encumbrance of Leasehold Estate "), then before Landlord may terminate this Lease because of any default under or breach of this Lease by Tenant, Landlord must give (i) written notice of the default or breach (the "Initial Default Notice) and (ii) written notice of the failure of the Tenant to cure the default or breach (the "Second Default Notice ") to Lender concurrently with the transmittal of such notices to Tenant and afford the Lender the opportunity to: 8.4.1 Cure the breach or default (including the payment of all accrued and delinquent Rent) at any time prior to the sixtieth (60th) day after service on Lender of the Second Default Notice where the default can be cured by the payment of money to Landlord or some other person, provided Lender shall not be required to pay delinquent Additional Rent unless Lender has collected Net Spendable Cash Flow for the period in question; 8.4.2 Cure the breach or default within one hundred twenty (120) days after service on Lender of the Second Default Notice where the breach or default must be cured by something other than the payment of money and can reasonably be cured within that time: or 8.4.3 Cure the breach or default in such reasonable time as may be required where something other than the payment of money is required to cure the breach or default and cannot be reasonably cured within one hundred twenty (120) days after service on Lender of the Second Default Notice, provided that acts to cure the breach or default are commenced within that time period after service of the Second Default Notice on Lender by Landlord and are thereafter diligently continued by Lender. If in order to complete the cure of the default or breach Lender requires access to the Property and Project the foregoing cure period shall not commence until Lender obtains possession of the property, provided that the Lender diligently seeks to obtain such possession by a foreclosure action or otherwise and diligently pursues such action all within the time periods set forth in Section 8.5 ( "Foreclosure in Lieu of Curing Default "). If Lender completes the cure of the default or breach in a timely and proper manner, Landlord shall accept the cure as fulfilling the terms of this Lease.. Section 8.5 Foreclosure in Lieu of Curing Default. Notwithstanding any other provision of this Lease, a Lender may forestall termination of this Lease by Landlord for a default under or breach of this Lease by Tenant by commencing proceedings to foreclose its Lien. The proceedings (the "Proceedings ") so commenced may be for foreclosure of the Lien by order of court or for foreclosure of the Lien under a power of scale contained in the instrument creating the Lien. The proceedings shall not, however, forestall terminatiorf of this Lease by Landlord for the default or breach by Tenant unless: FADQCUMENi1KMBALDWIMDDAM8 110899 13 . 8.5.1 They are commenced within one hundred twenty (120) days after service on Lender of the Second Default Notice; 8.5.2 They are, after having been commenced, diligently pursued; and 8.5.3 Lender keeps and performs all of the terms, covenants and conditions of this Lease (including the payment of Rent, including pastdue Rent, underthis Lease) requiring the payment or expenditure of money by Tenant accruing after commencement of the Proceedings until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, payment or conveyance of the leasehold estate to Lender, provided Lender shall not be required to pay past due Additional Rent unless Lender has collected Net Spendable Cash Flow for the period in question. Section 8.6 Assignment Without Consent on Foreclosure. Provided that a Lender gives written notice of transfer to Landlord setting forth the name and address of the transferee as well as the effective date of the transfer, the written consent of Landlord shall not be required for transfer after Completion of Construction of the Project of Tenant's right, title and interest under this Lease to: 8.6.1 Any purchaser, which includes the Lender, at a foreclosure sale of a Lien, whether the foreclosure is conducted pursuant to court order or pursuant to a power of sale in the instrument creating the Lien, provided, however, that the subsequent purchaser agrees to execute an agreement containing the same covenants, conditions, and provisions as those in the Disposition and Development Agreement unless the purchaser is a Lender, in which event the provisions of Section 4.6 hereof shall apply and in the event that Section 4.6 does riot apply, then the provisions of Section 8.6.2(i), (ii) and (iii) hereof shall apply; or 8.6.2 A purchaser from Lender after foreclosure where Lender was the purchaser of Tenant's interest at the foreclosure sale of the Lien, or acquired Tenant's interest by transfer in lieu of foreclosure. The purchase from the Lender shall be subject to all the terms and conditions of this Lease except that the purchasers shall be able to assign this Lease without the approval or consent of Landlord regardless of the date of the assignment. The Lender, the purchaser at a foreclosure sale, or the purchaser from the Lender shall be subject to all the terms and conditions of this Lease and the Disposition and Development Agreement except that (i) the time for performance of any unperformed acts required by Article 6 ( "Construction by Tenant") of this Lease shall be extended for that period equal to the delay in performance of the act caused by Tenant's inability or failure to perform the act and the time required to transfer the Lease to the purchaser at a foreclosure sale and /or to the purchaser from Lender, (ii) the performance of any acts required by Article 6 ( "Construction by Tenant") of this Lease that have already been performed-shall be excused, and (iii) any Lender shall be able to absolutely assign or transfer this Lease regardless of the date of the assignment and any purchaser, assignee FADOCUMFNTIKMALDWINIDDAM8 110899 14 or transferee of this Lease from any lender shall,be able to assign this Lease without the approval or consent-of Landlord regardless of the date of the assignment. Section 8.7 New Lease to Lender. Notwithstanding any other provision of this Lease, should this Lease terminate because of any default which cannot be cured by Lender, including without limitation, the insolvency or bankruptcy of Tenant or should this Lease terminate for any reason Landlord shall, within thirty (30) days after the request set forth in Subsection 8.7.1 ( "New Lease to Lender") below is received, execute and deliver a new Lease for said Property and Project to the Lender, provided: 8.7.1 A written request for the new Lease is served on Landlord by Lender within sixty (60) days after service on Lender of notice that the Lease has terminated and Landlord agrees to give Lender notice of such termination. 8.7.2 The new Lease (i) is for a term ending on the same date the term of this Lease would have ended had not this Lease been terminated, and (ii) contains the same covenants, conditions and provisions as are contained in this Lease, except that the Lender shall be able to absolutely assign or transfer the new Lease regardless of the date of the assignment and any purchaser, assignee or transferee of the Lease from Lender shall be able to assign or transfer the Lease without the approval or consent of Landlord regardless of the date of the assignment. 8.7.3 The Lender executes an Agreement with Landlord containing the same covenants, conditions and provisions as those in the Disposition and Development Agreement subject to the terms of Section 4.6 hereof, and if Section 4.6 does not apply, then the provisions of 8.6.2(1), (ii) and (iii) shall apply. 8.7.4 After termination of the Lease but prior to the expiration of the period within which Lender has to request and receive a new Lease, Landlord shall not terminate any existing subleases or enter into any new subleases for the Property or Project and Landlord shall account to Lender for all subtenant rents during such period. 8.7.5 The new Lease shall be subject to all existing subleases under which each such sublessee is not in default and shall be assignable by Lender without further approval or consent by Landlord provided the conditions of this Section are satisfied. 8.7.6 The new Lease shall: a. Extend the time for performance of any unperformed acts required by Article 6 ( "Construction by Tenant ") of this Lease for such period as is equal to the delay in performance of the act caused by Tenant's inability or failure to perform the act and the time required to terminate this Lease, execute a new Lease to Lender and Lender's timely assignment of such new Lease; and FADOCUMENTIKBIBALDWINIDDA.V8 110899 15 b. Excuse the performance of any act required by Article 6 ( "Construction by Tenant ") of this Lease that has already been performed but Lender, and Lender's assignee as Tenant under the new Lease, shall be liable for payment of all costs and expenses incurred in the performance of any act required by Article fi ( "Construction by Tenant ") of this Lease, whether performed before or after execution of the new Lease, which is claimed as a lien against said Property and/or Project. 8.7.7 The new Lease and any Lien shall have the same priority as the original Lease and any Lien on the original Lease, and any intervening liens on Landlord's fee interest shall not have any priority over the new Lease or any Lender's Lien thereon. 8.7.8 Lender, on execution of the new Lease, shall pay to Landlord all of Landlord's reasonable costs and expenses, including reasonable attorney's fees and court costs incurred in terminating this Lease, recovering possession of the Property and Project from Tenant and preparing the new Lease. Section 8.8 No Merger of Leasehold and Fee Estates. There shall, during the existence of any Lien, be no merger of the leasehold estate created by this Lease and the Fee without the consent of each Lender merely because both estates have been acquired or become vested in the same person or entity. Section 8.9 Lender as Assignee of Lease. No Lender shall be liable to perform the obligations of the Tenant under this Lease unless and until such time as Lender becomes the owner of the leasehold estate created hereby and acquires the right, title and interest of Tenant under this Lease through foreclosure, transfer in lieu, of foreclosure, assignment or otherwise, and thereafter such Lender shall remain liable only so long as such Lender remains as the owner of the leasehold estate. Section 8.19 Lender as Including Subsequent Security Holders. The term "Lender" as used in this Lease shall mean not only the person, persons or entity that loaned moneyto Tenant and is named as beneficiary, Mortgagee, secured partyorsecurity holder in the instrument creating -any Lien incurred by Tenant pursuant to Section 7.1 ('Tenant's Rightto Encumber Leasehold ") of this Lease, but also all subsequent assignees and holders of the instrument and interest secured by such instrument. Section 8.11 Estoppel Certificates. Landlord shall provide to any Lender, on written request, an estoppel certificate pursuant to the provisions of Section 15.15 ( "Estoppel Certificate ") certifying to such matters as status of Rent payments, satisfaction of conditions, and defaults, if any. Section 8.12 Superiority of Ground Lease. This Lease, any replacements thereof, a6d any subleases or subtenancies, shall be at all times superior to any lien or encumbrance on Landlord's fee title interest in the Property or the Project. F.IDOCUM ENTIKBIBALDWI NIDDA.V8 110899 16 Section 8.13 Amendments. Landlord and Tenant shall cooperate in including in this Lease bysuitable amendmentfrom time to time any provision which may reasonably be requested by any Lender or proposed Lender for the purpose -of implementing the mortgagee - protection provisions contained in this Article and allowing such Lender reasonable means to protect or preserve its Lien on the occurrence of a default under the terms of this Lease; provided, however, that such amendment shall not have a material adverse effect on Landlord's rights or obligations under this Lease. Landlord and Tenant each agree to execute and deliver (and to acknowledge, if necessary, for recording purposes) any agreement necessary to effect any such amendment. Section 8.14 Restriction on Landlord's Right to Encumber the Fee. Landlord shall not mortgage, hypothecate, pledge or encumber its interest in the Property or any part thereof without the priorwritten consent of the then outstanding Lenders, or any successors thereof, having provided a loan unless there is an express subordination of the new encumbrance of Landlord's interest in the Property to this Lease which subordination shall be in a form acceptable to said Lender or successor thereof having provided the loan. Section 8.15 Restriction on Subordination of Tenant's Interest. Any subordination or attempted subordination by Tenant to any mortgage, deed of trust, encumbrance or other security interest on Landlord's interest in the Property or any part thereof shall be void ad initio and shall have no force or effect unless first agreed to in writing by all outstanding Lenders or successors thereof having provided a loan. The restriction set forth in this Section 8.15 shall only apply to outstanding Lenders that have provided a Loan or Loans for which the majority of the proceeds were used for the construction, development, maintenance, or operation of the Project or to repay any of such loans or to refinance any of said Loans. Section 8.16 Lenders Nominee. Any right of Lender under this Lease may be exercised by a nominee of Lender. Section 8.17 Multiple Lenders. Where there is a right herein to be exercised by a Lender and there exists more-than one Lender the right may exercise in the order of priority of each Lender's Lien. ARTICLE 9. REPAIRS AND RESTORATION Section 9.1 No Obligation of Landlord. Landlord shall not be required or obligated to make any changes, alterations, additions, improvements or repairs. in, on, or about the Property, the Project or any part thereof. Section 9.2 Maintenance by Tenant. It is the intention of the parties that the Project shall at all times be maintained in a good condition, and that Tenant shall keep and maintain the Property and the Project in such condition free from rubbish and debris, F ADOCUMENTXB1BAi_DW N\DDA.V8 110899 17 reasonable. wear and tear excepted, and shall repair all damage resulting from use, including willful action (whether proper or improper) or negligence, by Tenant or any persons permitted to be on the Property by or with the consent of Tenant, express or implied, except Landlord, or resulting from Tenant's failure to observe or perform any covenant ofTenant under this Lease. Tenant's obligation pursuant to Phis Section shall not alter Tenant's right to raze, alter, or make improvements to the Property as set forth in Article 2.2, ( "Possession "). Section 9.3 Compliance with Applicable Law. Tenant shall promptly comply with the requirements of every applicable law, including but not limited to the Americans With Disabilities Act (42 U.S.C. Section 12101, et seq.), the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 36O4(f)), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), and the rules and regulations promulgated thereunder, with respect to the condition, maintenance, use or occupation of the Property, including the making of any alteration or addition in and to any structure upon, connected with, or appurtenant to the Property, whetheror not such alteration be structural, or be required on account of any particular use to which the Property, or any part thereof, may be or is now put, and whether or not such law be of kind now within the contemplation of the parties hereto; and shall likewise comply with an applicable regulation or order of the applicable Board of Fire Underwriters or other body having similar functions, or of any liability or fire insurance company by which Tenant may be insured. Provided, however, Tenant shall have the right to contest, oppose, or object to the application of any such laws or- regulations, and Landlord shall, if required by law to bring such contest, opposition or objection, at no cost to Landlord, join in same at Tenants request. Provided, further, notwithstanding anything to the contrary, to the extent that compliance with this Section 9.3 ( "Compliance with Applicable Law") requires the remediation of conditions, construction of improvements or any expenditure of monies where the benefit of such expenditure cannotbe.amortized over, . the remaining term of this Lease, the Tenant may either terminate this Lease or, with the approval of Landlord, continue the Lease with the cost of such expenditure allocated between Landlord and Tenant based upon the reasonable amortization of the expenditure and the remaining term of this Lease. The preceding sentence shall not apply in the event that the underlying cause of the - required remediation of conditions, construction of improvements, or expenditures of monies is the negligence or willful misconduct of Tenant, its principals, shareholders, agents, contractors, employees, or representatives. Section 9.4 Damage or Destruction. Except for any improvements presently located on the Property, should, at any time during the term of this Lease, any buildings or improvements hereafter located on the Property be destroyed in whole or in part by fire, theft, the elements, or any other cause (colle& -,vely hereinafter referred to as a "Casualty "), this Lease shall continue in full force and effect; provided, however, that Tenant, subject to the rights of any Lender, shall have the option of terminating this Lease on the last calendar day of any month by giving Landlord at least thirty (30) days' prior written notice of Tenant's intent to do so and by removing, within one hundred eighty (180) days of the FADOCUMENTIKMALDWIMODA.V8 110899 18 Casualty, at Tenants own cost and expense, all debris and remains of the damaged improvements from the Property, where: 9.4.1 Any buildings or improvements hereafter located on the Property are so damaged or destroyed by a Casualty during the last fifteen (15) years of the term of this Lease that such buildings or improvements cannot be repaired and restored at a cost which is less than fifty percent (50 %) of the cost to replace all of the buildings and improvements located on the Property if totally destroyed; or 9.4.2 Any building orimprovements hereafter located on the Property are so damaged or destroyed by a Casualty during the last ten (10) years of the term of this Lease that such buildings or improvements cannot be repaired and restored at a cost which is less than twenty five percent (25 %) of the cost to replace all of the buildings and improvements located on the Property if totally destroyed; or 9.4.3 Any buildings or improvements hereafter located bn the Property are damaged or destroyed by a Casualty at any time during the term of this Lease and insurance proceeds available to Tenant from the insurance required in Section 10.5 ( "Casualty Insurance ") are not sufficient to cover one hundred percent (100 %) of the cost to repair and restore such damaged or destroyed buildings or improvements. Section 9.5 Application of Insurance Proceeds. Except as hereinafter provided in this Section 9.5 ( "Application of Insurance Proceeds "), and subject to the rights of any Lender (which rights shall have priority over any contrary rights in this; Lease) all insurance proceeds paid to Tenant hereof on account of any damage or destruction, less the actual cost, fees and expenses, if any, incurred in connection with the adjustment of the loss (which costs, fees or expenses shall be reimbursed to the.partyincurdng such expenses) shall be applied to the payment of the cost of the restoration or repairs of such damage or destruction. Such worts may include the cost of demolition and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs, replacements, rebuilding, or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement, rebuilding or operations are hereinafter collectively referred to as the "Restoration "). Such proceeds shall be paid out from time- to-time to Tenant or in accordance with its directions, as such Restoration progresses upon the written approval of Landlord and the written request of Tenant. Notwithstanding the foregoing, the approval of Landlord to any disbursement of insurance proceeds to Tenant shall not be required at any time that such insurance proceeds are being held and distributed by any Lender for the purpose of such Restoration; provided, however, that such Lender shall disburse such funds during the course of such Restoration as necessary to make progress payments under the terms of any construction contract for such work and based upon its review and approval of work completed and vouchers and invoices from contractors and subcontractors performing such work, receipt of lien releases, and adherence to other procedures customary in the disbursement of construction loan proceeds during the course of construction. Upon the receipt by Landlord FADOCUMENT WMBALDWiNODAM8 110899 19 of satisfactory evidence that the Restoration has been fully completed and paid for in full and that there are no liens of the character referred to in Section 6.5 ( "Mechanic's Lien ") hereof, and there is no default under the terms, conditions, covenants and agreements of this Lease which can not be cured by the payment of money or any default hereunder which has become an event of default, any balance of the insurance proceeds at the time held by an insurance trustee or Lender shall be paid to Tenant. Notwithstanding anything contained in this Lease to the contrary, however, should Tenant exercise the option given Tenant by Section 9.4 ( "Damage or Destruction ") of this Lease to terminate this Lease because of damage to or destruction of buildings or improvements on the Property, then, in that event, any and all fire or other insurance proceeds that become payable because of such damage or destruction shall be applied in the following priority: 9.5.1 first, toward the payment of the unpaid obligations secured by any Liens in the order of the respective priorities of said Liens, including any prepayment penalties or premiums assess or imposed for prepayment; 9.5.2 second, toward the removal of all debris and remains of the damaged improvements from the Property; and 9.5.3 third, the balance of the proceeds, if any, shall be allocated between Tenant and Landlord according to the following formula: Tenant shall receive that portion of such balance which is equal to the balance of the proceeds multiplied by a fraction, the numerator of which is the number of years or fraction thereof remaining in the term of this Lease and the denominator of which is fifty -seven (57) and Landlord shall receive all of the proceeds remaining after the payment to Tenant provided for in this Subsection 9.5.3 ( "Application of Insurance Proceeds "). Section 9.6 Continuing Obligation to Pay Rent. Except for Tenant's right to terminate this Lease as provided in Section 9.4 ( "Damage or Destruction "), no destruction of, or damage to the structures or any part thereof by fire or any other cause shall permit Tenant to terminate this Lease nor relieve Tenant from its obligations to pay the full Rent payable under this Lease or from -any of its other obligations under this Lease. Tenant waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrenderthis Lease orthe Propertyoranysuspension, diminution,. abatement or reduction of Rent on account of any such destruction or damage. ARTICLE 10. INDEMNITY AND INSURANCE .Section 10.1 Indemnity Agreement. Except for willful misconduct and/or negligence of Landlord or its authorized agents, Tenant shall indemnify and hold Landlord and the property of Landlord, including the Property and the Project, free and harmless from any and all liability, claims, loss, damages, judgments, penalties, cause of actions, or FADOCUMENTWMALDWINODAN8 110899 20 costs or expenses (including reasonable attomeys' fees and court costs) imposed upon or incurred by or asserted against Landlord by reason of: 10.'1.'1 Any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or the Project, or any part thereof, or the adjoining sidewalks, curbs, streets or ways over which Tenant has control, unless such accident, injury, loss or damage results from the failure to perform a duty of due care by Landlord (it being agreed that Landlord has no duty or obligation under this Lease with respect to the Property or the Project); 10.1.2 The condition of the Property or Project, or any part thereof, including the improvements, or of any street, curb or sidewalk adjoining the Property or Project over which Tenant has control, or of any passageways or spaces therein or appurtenant thereto; or Tenant's failure to keep and maintain the Property or the Project, including improvements, in good and sanitary order, condition and repairas required under, this Lease; 10.1.3 Any act or omission of Tenant or its agents, contractors, employees, sublessees or invitees or any failure on the part of Tenant or any of its agents, contractors, employees, sublessees, or invitees to exercise due care or to perform or comply with any of the provisions of this Lease and of any contracts and agreements to which Tenant or any of its agents, contractors, employees or sublessees is a party and of any laws affecting the Property or the Project, including improvements, or any part thereof; 10.1.4 Performance of any labor or services or the furnishing of any materials or other matters by or on behalf of Tenant in respect of the Property or the Project; or any part thereof, including improvements; and 10.1.5 Management of the Property or Project, including improvements, or any work or act whatsoever done on or about the Property orthe Project by oron behalf of Tenant. Section 10.2 Exculpation of Landlord. Excepting injury and property damage proximately caused by Landlord's negligence or willful misconduct, Landlord shall not be liable to Tenant or to any agent, contractor, employee, invitee or sublessee of Tenant or to any member of the public for any loss, injury or damage to any person or property, regardless of the case. Without limiting the generality of the foregoing Landlord shall not be liable to Tenant or to any agent, contractor, employee, invitee or sublessee or to any member of the public: 10.2.1 for any damage to person or property occasioned by the bursting or leaking of any water, gas or steam pipe, oil or other pipes, plumbing or sewerage, or by the overflowing of any tank or closet, or other damage occasioned by water, oil or sewerage or otherfluid flowing below, in, above, upon or about the Property or the Project, F:IDOCUMEN'nKBIBALDWINIDDA.V8 110899 21 or coming through any skylight, window, wall or trapdoor, or otherwise, whether as the result of storms or accident or otherwise: 10.2.2 for any damages arising from the leakage or discharge of electric current in or upon the Property or the Project or resulting from defective wiring, defective work in the installation of electric wires, electrical apparatus or equipment or other damages arising from the use of electricity upon the Property or the Project, or any improvement situated thereon, either for lighting or for any other purpose, whether such use shall be by Tenant or any other occupant of said building, or otherwise; nor, 10.2.3 for any damages arising from any act or neglect of sublessees of the Property or the Project under subleases with Tenant, or occupants thereof authorized by Tenant. In case any action, suit or proceeding (collectively "Suit ") is brought against Landlord by reason of any occurrence described in Section 10.1 ( "Indemnity Agreement") or in Section 10.2 ( "Exculpation of Landlord "), Tenant, upon Landlord's written request, will resist and defend such Suit, or cause the same to be resisted and defended by counsel designated by Tenant and approved by Landlord unless such Suit arose out of the willful misconduct and/or negligence of Landlord or its authorized agents, in which event Tenant shall have no such duty or obligation. Section 10.3 Obligation to Indemnify Other Party. If either party is made a parry defendant to any litigation concerning this Lease or the Property or the Project, or the occupancy thereof by the wrongful action of the other, then the wrongful party shall indemnify and hold harmless the other party from all liability by reason of said litigation, including reasonable attorneys' fees and expenses incurred by said other party in any such litigation whether or not any such litigation is prosecuted to judgment. Section 10.4 Liability Insurance. Tenant shall secure promptly and maintain during the entire term of this Lease the following insurance for the mutual benefit of Landlord and Tenant: 10.4.1 a broad form comprehensive coverage policy of public liability insurance on an "occurrence basis" (as primary and not secondary coverage) insuring both Tenant and Landlord against claims for personal injury, death or property damage caused by or connected with Tenant's occupation and use of the Property and the Project under this Lease which insurance policy or policies (including umbrella coverage of any) shall afford protection to the limit of at least Five Million Dollars ($5,000,000) with respect to any one accident. Tenant agrees that such limits referred to in this Section shall be increased from time to time as commercially reasonably requested by Landlord in writing, and provided such increased limits are then being written on other comparable property. Said insurance shall name Landlord as additional insured and shall be primary and not secondary coverage. Such insurance shall include liability for bodily injury or property damage arising out of the use, by or on behalf of Tenant, or any other person or organization, of any owned, non - owned, leased or hired automotive equipment in the FAD0CUMENnKB1BALDWINIDDA.V8 110899 22 conduct of any and all operations called for under this Lease. If appropriate by reason of the uses to which the Property orthe Project shall be put, such insurance shall also include coverage against garage liability, garage keepers liability, products liability, innkeepers liability, and liquor liability; 10.4.2 Rental income and /orbusiness interruption insurance against loss of Tenant's income from the Project due to the risk covered by the insurance referred to in Section 10.5 ( "Casualty Insurance ") in amounts sufficient to cover (i) the Base Rent payable hereunder and (ii) Tenant's fixed Cash Expenditures for a period of six (6) months from the date of any casualty insured against. Section 10.5 Casualty Insurance. Tenant shall keep the Property and the Project insured following Completion of Construction forthe mutual benefit of Landlord and Tenant as named insureds, against loss or damage by fire and lightning and against loss or damage by other risks embraced by coverage now known as the broad form ofextended coverage, including but not limited to, riot and civil commotion, vandalism and malicious mischief, insurance against loss or damage from explosion of boilers, generators, transformers, heating apparatus and airconditioning systems, and againstsuch otherrisks or hazards (excluding earthquake unless, in the reasonable judgment of Tenant, earthquake insurance is available on commercially reasonable terms) as may then customarily be insured against in structures and uses as encompassed under the Project and for which other risks or hazardous, insurance coverage is commercially available at a commercially reasonable cost. Such insurance shall be in amounts sufficient to prevent Landlord or Tenant from becoming co- insurers under the terms of the applicable policies but in any event not less than full replacement cost of the structures (exclusive the cost of excavations, foundations and footings) without deduction for physical depreciation (and with not more than $50,000 deductible from the loss payable for%any casualty-or-such -- lesser deductible amount as Tenant shall require). The policies of insurance carried in accordance with this Section shall contain the "Replacement Cost Endorsement ". Such full replacement cost shall be determined from time to time, upon the written request of Landlord, by written agreement of Landlord and Tenant. If Landlord and Tenant cannot agree upon such replacement costs, such replacement costs shall be determined by one of the insurers, or at the option of Landlord, by an appraiser, architect or contractor who shall be mutually and reasonably acceptable to Landlord and Tenant. A copy of any such determination shall promptly be sent to Landlord upon receipt thereof by Tenant and subject to approval by Landlord, the insurance maintained pursuant to this Section shall be adjusted to the new full 'replacement costs. Section 10.6 Required Insurance During Construction. During the period of construction of the Project, Tenant shall maintain, at its own cost and expense, with casualty insurance companies of recognized responsibility commensurate with the risks being underwritten and authorized to do business in the State of California, builder's risk insurance in so- called non - reporting form upon the improvements under construction in FADOCUMENTWMALDWIMDDAM8 1io899 23 such amount and with such coverage as required by the Lender making the loan financing the construction of the Project. Section 10.7 insurance Terms. Tenant shall procure policies for such insurance for periods of from one (1) to three (3) years, as Tenant shall elect and shall deliver to Landlord certified copies of such policy or policies, or certificates thereof with evidence of the payment of the premiums therefore on or before the commencement of the term of this Lease, and shall procure and deliver evidence of renewals thereof from time to time at least thirty (30) days before the expiration or termination of any similar policy then existing. If Tenant fails to deliver evidence of such renewals as provided in the last preceding sentence, Landlord shall give Tenant written notice of such failure and if within thirty (30) days of such notice Tenant fails to deliver evidence of such renewals, Landlord may procure any such insurance for such periods as Landlord shall elect, and Tenant shall, on demand, reimburse Landlord for all reasonable costs for such insurance. Tenant shall attempt to require that each such policy shall provide that no interest of Tenant shall be subject to cancellation or termination except upon not less than thirty (30) days' prior written notice to Landlord. Tenant, without cost to Landlord, agrees to name Landlord and any Lender as a party insured on all insurance policies carried by Tenant on the Property or Project. All policies shall be issued by companies of recognized responsibility, reasonably acceptable to Landlord authorized to transact business in California. Each such policy or certificate therefore issued by the insurer shall, to the extent obtainable, contain a provision that no act or omission of Tenant which would otherwise result in forfeiture or a reduction of the insurance therein provided shall affect or limit the obligation of the insurance company to pay the amount of the loss sustained. Section 10.8 Other Insurance; Waiver of Rights. If insurance is carried by either party with respect to the Property or the Project, and such insurance- ts�notfequired -_. by this Article, such insurance shall include provisions which either designate the other party as one of the insured or deny to the insurer acquisition by subrogation of rights of recovery against the other party priorto the occurrence of loss or injury. Each party hereby waives all rights of recovery against the other for loss of injury of a type against which the waiving party is protected. Section 10.9 Adjustment. Subject to the terms of any Lien, all policies of insurance provided for in this Article shall provide for loss hereunder (i) to be adjusted by and payable to Tenant with respect to any particular casualty resulting in damage or destruction not exceeding One Hundred Thousand Dollars ($100,000) in the aggregate or (ii) with respect to any particular casualty resulting in damage or destruction exceeding One Hundred Thousand Dollars ($100,000) in the aggregate, to be adjusted jointly by Landlord and Tenant and payable to a mutually acceptable trustee. Such proceeds shall be disbursed by such trustee to Tenant to be used to repair such damage or destruction in the manner set forth in Section 9.4 ( "Damage or Destruction ") hereof. Landlord hereby agrees that any Lender shall be an acceptable trustee for the purpose of receiving and disbursing insurance proceeds for the purposes provided in this Lease. E:IDOCUMENi1KMBALDWINMAN8 110899 24 Section 10.10 Lender Requirements. In the event that any Lender shall require more extensive insurance coverage than that provided above, then such requirements shall supersede the requirements hereinabove provided for. Section 10.11 Environmental Indemnity. 10.11.1 Tenant hereby agrees to indemnify, hold harmless and defend Landlord from and against any and all liabilities, claims, penalties, liens, claims of liens, forfeitures, suits, costs and expenses of any type or nature (including, without limitation, costs of the defense and settlement and attorneys' fees), which Landlord may hereafter incur, become responsible for or pay out as a result of (i) death or injury to any person, (ii) destruction or damage to any property, (iii) contamination of or adverse effect on the environment or (iv) any violation of governmental laws, regulations or orders, caused directly or indirectly by, or due in whole or in part to, the release or threatened release of Hazardous Materials which were, or are claimed or alleged to have been deposited, stored, disposed of, placed or otherwise located or allowed to be located on, above, beneath or about the Property or the Project by Tenant or its agents, representatives, contractors, tenants, invitees and tenants' invitees, employees subsequentto the Commencement Date except for those deposited, stored, disposed of, placed, or otherwise located or allowed to be located by Landlord after the Commencement Date. 10.11.2 Landlord hereby agrees to indemnify, hold harmless and defend Tenant from and against any and all liabilities, claims, penalties, liens, claims of liens, forfeitures, suits, costs and expenses of any type or nature (including, without:: limitation, costs of defense and settlement and attorneys' fees), which Tenant may hereafter incur, become responsible for or pay out as a result of (i) death or injury to any person, (ii) destruction or damage to any property, (iii) contamination of or adverse - effect on the environment or (iv) any violation of governmental laws, regulations or orders, caused directly or indirectly by, or due in whole or in part to, the presence of, or the release or threatened release of Hazardous Materials which were, or are claimed or alleged to have been deposited, stored, disposed of, placed or otherwise located on, above, beneath or about the Property or the Project by Landlord or its agents or employees. ARTICLE 11. CONDEMNATION Section 11.1 Definitions. As used in this Article: 11.1.1 "Condemnation" means (i) the taking or damaging, inc °uding severance damage, by eminent domain or by inverse condemnation or for any public or quasi- public use under any statute, whether by legal proceedings or otherwise, by a condemnor (hereinafter defined), and (ii) voluntary sale or transfer to a Condemnor, either under threat of Condemnation or while Condemnation legal proceedings are pending. FADOCUMENTIKMALDWINWA.V8 110899 25 11.1.2 "Date of Taking" means the later of (i) the date actual physical possession is taken-by the Condemnor or (ii) the date on which the right to compensation and damages accrues under the laws of the State of California. ' 11.1.3 "Award" means all compensation, damages, interest, sums or anything of value awarded, paid or received for a Total Taking, a Substantial Taking or a Partial Taking, whether pursuant to judgment or by agreement or otherwise. 11.1.4 " Condemnor "means any public orguasi - public authority or private corporation or individual having the powerof Condemnation excluding, however, Landlord or any successor of Landlord, or any entity acting on behalf of Landlord or any successor of Landlord. Landlord agrees not to exercise any power of Condemnation, or any equivalent thereof against the Property or the Project, or any part thereof during the term of this Lease. 11.1.5 "Taking" means a Total Taking, Substantial Taking or Partial Taking. 11.1.6 'Total Taking" means the taking by Condemnation of the fee title to all the Property and all the improvements thereon, including, but not limited to, the Project. 11.1.7 "Substantial Taking" means the taking by Condemnation of so much of the Property or improvements located thereon, including, but not limited to, the Project, or both that one or more of the following conditions results. r a. The remainderof the Property and /or improvements located thereon, including, but not limited to, the Project, would not be economically and feasibly usable by Tenant; and /or b. A reasonable amount of reconstruction would not make the Property and improvements, inoluding, but not limited to, the Project, a practical improvement and reasonably suited for the uses and purposes for which the Property is leased hereunder. 11.1.8 "Partial Taking" means any taking that is not either a Total Taking or a Substantial Taking. 11.1.9 "Notice of Intended Condemnation" means any notice or notification on which a reasonably prudent person would rely and which such person would interpret as expressing an existing intention of Condemnation as distinguished from a mere preliminary*inquiry or proposal. It includes but is not limited to service of a Condemnation summons and complaint on a party hereto. The notice is considered to have been received FADOCUMEN- RMBALDWINWA_V8 110899 26 when a party receives from the Condemnor a Notice of Intended Condemnation, in writing, containing a description or map reasonably defining the extent of the Condemnation. Section 11.2 Notice and Representation. 112 1 The party receiving a notice of one or more of the kinds specified below shall promptly notify the other party of the receipt, contents and dates of such notice. a. Notice of Intended Condemnation. b. Service of any legal process relating to Condemnation of the Property or any improvements located thereon, including, but not limited to, the Project. c. Notice in connection with any proceedings or negotiations with respect to such a Condemnation. d. Notice of intent or willingness to make or negotiate a private purchase, sale or transfer in lieu of Condemnation. 11.2.2 Landlord, Tenant and each Lender shall each have the right to represent its respective interest in each Condemnation proceeding or negotiation and to make full proof of its claims. No agreement, settlement, sale or transfer to or with the Condemnor shall be made without the consent of Landlord, Tenant and the Lender secured by a Lien prior in right to any other Lien (the "First Lender"). Landlord, Tenant and First Lender shall each execute and deliver to the other any instruments that may be required to effectuate or facilitate the provisions of this Lease relating to Condemnation. Section 11.3 Total or Substantial Taking. 11.3.1 On a Total Taking, this Lease shall terminate on the Date of Taking. 11.3.2 If a Taking is a Substantial Taking, Tenant may, by notice to Landlord given within sixty (00) days after Tenant receives a Notice of Intended Condemnation, elect to treat the Taking as a Substantial Taking. If Tenant does not so notify Landlord, the Taking shall be deemed a Partial Taking. A Substantial Taking shall be treated as a Total Taking if (i) Tenant delivers possession of the Property to Landlord within one hundred eighty (180) days after determination that the Taking was a Substantial Taking, and (ii) Tenant is not in material default under the Lease and has substantially complied with all Lease provisions concerning apportionment of the Award. If said conditions are not satisfied, the Taking shall be treated as a Partial Taking. 11.3.3 Tenant may continue to occupy the Property and improvements thereon, including, but not limited to, the Project, until the Condemnor takes physical FADOCUMEN- RMBALDWINMA.v8 110899 27 possession. of the part of the property subject to the Condemnation. At any time following Notice of Intended Condemnation, Tenant may elect to deliver possession of the part of the property subject to the Condemnation to Landlord before the - actual Taking. The election of Tenant shall be made by Tenant's delivering written notice to Landlord declaring the election to deliver possession priorto the Taking and agreeing to pay all Rents required under this Lease to the date of said delivery of possession. Tenant's right to apportionment of or compensation of the Award shall then accrue as of the date that the Tenant delivers possession of said property to Landlord. 11.3.4 Subject to the rights of Lenders, on a Total Taking the Award, including damages and interest, awarded for the fee or leasehold or both shall be deposited promptly with a title insurance company reasonably acceptable to Landlord and Tenant (the Title Company"), or such other independent third party as Landlord and Tenant may agree, as escrow agent and shall be distributed and disbursed in the following order of priority: a. First, the balance due, including, but not limited to, any prepayment penalty or premium due thereunder for early payment, under any Loan secured by a Lien to which the fee interest of Landlord in the Property and /or the Project has not been encumbered. b. Second, the amount assessed, awarded, paid or incurred to remove or relocate subtenants, plus any amount awarded to Tenant for detriment or loss of business. G. Third, to Landlord and Tenant, respectively, and pro-rata, any expenses or disbursements reasonably paid or incurred by or on behalf of Landlord or Tenant for or in connection with the Condemnation proceedings. d. Fourth, to Tenant, the present value as of the first-to occur of the Date of Taking, or the date Tenant delivers possession to Landlord of the Property taken, of the remaining term of Tenant's interest in this Lease. e. Fifth, to Landlord the balance of the Award. Section 11.4 Partial Taking. 11.4.1 on a Partial Taking, this Lease shall remain in full force and effect for the remainder of the Property and the Project on the same terms and conditions contained herein. _. 11.4.2 Promptly after a Partial Taking, at Tenant's expense to the extent of Tenant's Award and in the manner specified in provisions of this Lease relating to maintenance, repairs and alterations, Tenant shall repair, after, modify or reconstruct the FADOCUMENTIKB\BALDW1NIDDA.V8 110899 28 Project ( "Restore ") so as to make it reasonably suitable for Tenant's continued occupancy for the uses and purposes for which the Property is leased. If Tenant within sixty (60) days after the determination of Tenant's share of the Award does not notify Landlord that it will Restore the Project, the cost to Restore shall be deducted from Tenant's share of the Award and paid to the Lenders in the order of their priority and otherwise to Landlord, provided however that: (i) if any subtenant is entitled to any compensation by reason of the Taking, then such amount shall first be deducted from the Award and paid to the subtenant and (ii) Tenant shall be entitled to any portion of the Award awarded for the detriment to or the loss of business caused by the Taking. 11.4.3 Subject to the rights of Lenders on a Partial Taking, the Award shall be deposited in the manner provided in Section 11.3.4 ( "Total or Substantial Taking ") hereof and distributed and disbursed in the following order of priority: a. First, the amounts due, if any, under any Loan secured by a Lien to which the fee interest of Landlord in the Property and /or the Project has not been encumbered. b. Second, to Tenant, the cost of restoring the Project, plus any amount assessed, awarded, paid or incurred to remove or relocate subtenants, plus any amount awarded for detriment or loss of business. C. Third, to Landlord and Tenant, respectively and pro - rata, any expenses or disbursements reasonably and necessarily incurred or paid by or on behalf of Landlord or Tenant for or in connection with the Condemnation proceedings. ; d. Fourth, to Tenant, the balance of the Award. Section 11.5 Limited Takings. 11.5.1 On any Taking for a temporary use of all or any part or parts of the Property or the Project, or both fora period, or of any estate less than a fee, ending on or before the normal expiration date of the term of this Lease, neither the term nor the Rents shall be reduced or affected in any way and Tenant-shall be entitled to any Award for the use or estate taken. If a result of the Taking is to necessitate expenditures for changes, repairs, alterations, modifications or reconstruction of the Project to make it economically viable and a practical whole, Tenant shall receive, hold and disburse the Award in trust for such work. At the completion of the work and the discharge of the Property and Project from all liens and claims, Tenant shall be entitled to any surplus and shall be liable for any deficit. If any such Taking is for a period extending beyond the expiration date of the term of this Lease, the Taking shall be treated under the foregoing provisions for Total, Substantial and Partial Takings. FADOCUMENTIMBALDWINTDAM8 110899 29 Section 11 .6 Partial Taking During Final Years of Lease Term. Tenant, at its option, may be relieved of the obligation to Restore if a Partial Taking occurs during the final twenty five (25) years of the term of this Lease if the work of restoration would cost more than twenty five percent (25 %) of the then replacement value of the Project and Tenant complies with all of the following conditions: 11.6.1 Within sixty (60) days after Tenant's share of the Award is determined in accordance with Sections 11.7 ( "Allocation of Award of Tenant's Section 11.6 Election ") and 11.4 ( "Partial Taking "), Tenant gives Landlord notice of its election not to Restore; 11.6.2 Tenant is not in material default under any provision of this Lease; 11.6.3 Tenant continues to pay all Rents and any other payments when due as required under this Lease, provided that the requirement of this Subsection 11.6.3 ( "Partial Taking During Final Years of Lease Term ") shall be waived, if and when Tenant delivers possession pursuant to this Article. 11.6.4 Tenant delivers possession of the Property and Project to Landlord. 11.6.5 Tenant shall receive the present value of the remaining years of Tenant's leasehold interest on that portion of the Properly and the Project, and, Landlord shall receive the balance of the Award. 11.7 Allocation of Award of Tenant's Section 11.6 Election. If Tenant elects to be relieved of the obligation to Restore as provided in Section 11.6 ("Partial Taking During Final Years of lease Term "), then the Award shall be treated in the same manner as if a Total Taking had occurred. ARTICLE 12. ASSIGNMENT AND SUBLEASING Section 12.1 Tenant's Right to Assign Lease Without Landlord's Consent or Approval. Provided Tenant is not in material default hereunder, Tenant, and its successors and assigns, shall have the right at any time after Completion of Construction to assign this Lease, any right or interest in this Lease, and any right or interest in said Property or the Project without the approval or consent of Landlord, provided that: 12.1.1 the assignee furnishes Landlord with a written and fully executed and acknowledged assignment and assumption agreement, in form and substance reasonably satisfactory to Landlord and its attorneys, in which the assignee agrees to comply with and perform all the obligations of Tenant under this Lease and the Disposition and Development Agreement accruing after the assignment; FADOCUMENTIKBIBALDW1N\DDA.V8 110899 30 12.1.2 the term of any assignment shall notextend beyond theterm of this Lease; and 12.1.3 all assignments shall be subject to the terms, covenants and conditions of this Lease. Section 12.2 Lease Termination Upon Assignment. In the event that this Lease is assigned pursuant to Section 12.1 ('Tenant's Right to Assign Without Landlord's Consent or Approval "), the assigning Tenant shall be released from all obligations contained in this Lease except for those which by the specificwording ofthis Lease survive such assignment. Section 12.3 Tenant's Right to Sublease. Tenant, and its successors and assigns, shall have the right to sublease all or any portion of said Property or the Project, or transfer any portion of Tenant's interest therein whether by easement, right of way, permit, franchise, license or otherwise, at any time after the Completion of Construction, provided, however, nothing herein contained shall limit Tenant's right to lease or sublease apartment units located in the Project or enter into laundry leases, cable television agreements or other electronic information delivery services without the landlord's approval, without Landlord's approval or consent. Section 12.4 Assignment, Sublease, or Transfer Prior to Completion of Improvements. 12.4.1 The qualifications and identity of Tenant and its principals are;of particular concern to the Landlord. It is because of those qualifications and identity that the Landlord has entered into this Lease with the Tenant. No voluntary successorAn interest of Tenant shall acquire any rights or powers under this Lease, except as expressly set forth herein or in Article 8 hereof. 12.4.2 Priorto the Completion of Construction, the Tenant shall not assign all orany part of this Lease without p0orwritten approval of the Landlord except as security for any Loan and except as provided in Article 8 hereof. Assignment in violation of this Section 12.4.2 without prior written approval of Landlord will be a default of this Lease. If Tenant seeks to assign this Lease in violation of this Section 12.4.2, Tenant shall promptly notify the Landlord in writing the nature and of the proposed assignees thereof. Landlord will have the option to approve any such assignment and Landlord will not unreasonably withhold such approval. 12.4.3 The restrictions of this Section 12.4 shall terminate upon the Completion of Construction. 12.4.4 Prior to the Completion of Construction, the Tenant shall not, except as security for any Loan and except as provided in Article 8 hereof and except as FADOCUMENTIKBIBALDW1MDDA.V8 110899 31 otherwise permitted by this Lease, make any total or partial sale, transfer, conveyance, or sublease the whole or any part of the Project, the Property or the buildings or structures on any parcel in the Project, without the prior written approval of the Landlord which shall not be unreasonably withheld. This prohibition shall not be deemed to prevent the granting of temporary easements or permits to facilitate the construction of the Project. 12.4.5 Except as expressly hereinafter provided, any such proposed transferee, assignee, or sublessee, for which the Landlord consent is required hereunder, shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by Landlord, to fulfill the obligations undertaken in this Lease by Tenant. Any such proposed transferee, sublessee, or assignee, for whose consent Landlord approval is needed, by instrument in writing satisfactory to Landlord and in recordable form for itself, its successors and assigns, and for the benefit of Landlord shall expressly assume all of the obligations of Tenant underthis Lease and the Disposition and Development Agreement and agree to be subject to all the conditions of Tenant under this Lease and agree to be subject to all the conditions and restrictions to which Tenant is subject. There shall be submitted to Landlord for review, all instruments and other legal documents proposed to effect any such transfer, sublease or assignment, and if approved by Landlord, its approval shall be indicated to Tenant in writing. 12.4.6 In the absence of specific written Lease bythe Landlord, no such transfer, assignment or approval by the Landlord shall be deemed to relieve the Tenant or any other party from any obligations underthis Lease until Completion of Construction and sale of the Project. 12.4.7 Notwithstanding anything contained herein to the contrary, Tenant shall have the right, and the limited partner of Tenant shall have the right to assign- limited partnership interests in Tenant to a limited partnership of which an Affiliate of KBMH is a general partner. ARTICLF-.13. Intentionally Omitted ARTICLE 14. DEFAULT AND TERMINATION Section 14.1 Abandonment by Tenant. Should Tenant abandon the Property for sixty (60) consecutive business days prior to the expiration of the term of this Lease, such action shall constitute a default under this Lease by Tenant. Section 14.2 Termination for Breach by Tenant. All covenants and agreements contained in this Lease as obligations of Tenant are declared to be conditions to this Lease and of Tenant's rights hereunder. Should Tenant fail to cure any default or breach of this Lease by it sixty (60) days after receipt of written notice of the default where the default can be cured by the payment of money to Landlord or some person, or within FAD0CUMENi1KB\BALDWIN\DDA.V8 110899 32 one hundred eighty (180) days after receipt of written notice of default where the default must be cured otherthan the payment of money and can be cured within said one hundred eighty (184) days, or within such reasonable time as may be required to cure the default which default cannot be cured by payment of money or cannot be performed within one hundred eighty (180) days, so long as Tenant diligently pursues the cure, then Landlord shall, in addition to any other remedies available to Landlord at law or in equity, have the immediate option to terminate this Lease and all rights attendant hereunder by giving written notice of such intention to temninate to Tenant. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant: 14.2.1 The worth at the time of the award of any unpaid Rent which had been earned at the time of such termination; plus 14.2.2 The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been reasonably avoided; plus 14.2.3 The worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided; plus 14.2.4 Any other amount necessary to compensate Landlord for ail the detriment proximately caused by Tenant's failure to perform itsobligationsunderthis Lease for which in the ordinary course of things would be likely to result therefrom; plus 14.2.5 Such other amounts in addition to or in lieu of the foregoing which may be permitted from time to time by applicable California law. As used in Subsections 14.2.1 and 14.2.2 ("Termination for Breach by Tenant ") above, the "worth at the time of award" is computed by allowing interest at a rate equal to the Prime Rate, not to exceed the maximum rate permitted by law. As used in Subsection 14.2.3 ("Termination for Breach by Tenant ") above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award, plus one percent. Section 14.3 Landlord's Right of Reentry. In the event of any such default and failure to cure by Tenant, Landlord shall also have the right, with or without terminating this Lease, to reenter the Property and the Project, and subject to the rights of occupancy of subtenants, to remove all persons and property from the Property and the Project. (Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant.) Section 14.4 Landlord`s Right to Relet the Property. In the event of the abandonment by Tenant as provided in Section 14.1 ( "Abandonment by Tenant "), or in the F AD O C U M E N Tl KS IB Ai_ D W I N1D DA V8 110899 33 event that Landlord shall elect to reenter as provided in Section 14.3 ( "Landlord's Right of Reentry ") hereof, or.shall take possession of the Property and the Project pursuant to legal proceedings or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Section 14.3 ( "Landlord's Right of Reentry"), then Landlord may from time to time, without terminating this Lease, either recover all Rent as it becomes due or, subjectto the terms and provisions of the Regulatory Agreements, relet the Property or the Project, or any part thereof, for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Property orthe Project. In the event that Landlord shall elect to so relet, then rentals received by Landlord by such reletting shall be applied. first, to the payment of any indebtedness otherthan Rent due hereunder from Tenant to Landlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Property or the Project; fourth, to the payment of Rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment to future Rent as the same may become due and payable hereunder. Should the amount of Rent received from such reletting during any month which is applied to the payment of Rent hereunder be less than that agreed to be paid during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay the Landlord, as soon as ascertained, any costs and expenses incurred by Landlord on such reletting or in making such alterations or repairs not covered by the rentals received from such reletting. Section 14.5 No Automatic Termination. No reentry or taking possession 'of the Property or the Project by Landlord pursuant to Sections 14.3 ( "Landlord's Right of Reentry") or 14.4 ( "Landlord's Right to Relet the Property ") shall - tie- oonstrued ,as are election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination therefor is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default and failure to cure by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default if Tenant has failed to cure such default within the grace periods provided for in Section 14.2 ('Termination for Breach by Tenant "). Section 14.6 Holding over. Any holding over by Tenant after termination shall not constitute a renewal or extension of this Lease or give Tenant any rights in or to the Property or the Project. Upon the expiration of this Lease, or sooner termination hereof pursuant to the terms hereof, Tenant shall promptly vacate and surrender the Property or Project to Landlord subject to subtenants in possession and leave the Property and the Project in the condition required in Section 14.9 ( "Surrender of Property and Project"). Section 14.7 Landlord °s Rights of Self - Help. In the eventthatthe Tenant shall default in the performance of any of the agreements, conditions, covenants orterms herein contained, which event of default remains uncured after the expiration of the grace periods FADOCUMEN`r1KMALDWINODAY8 110899 34 provided for in Section 14.2 ( "Termination for Breach by Tenant "), the Landlord may immediately, or at anytime thereafter, perform the same for the account of Tenant, and any amount paid, or any expense or liability incurred, by the Landlord in the performance of the same shall be repaid to Landlord, as additional rent, payable by the Tenant within ninety (90) days after demand hereunder together with interest from the date the cost or expense is incurred at an amount equal to the Prime Rate but not to exceed the maximum rate permitted by law; and the Landlord shall have the right to enter (by force orotherwise) the Property or the Project for the purpose of correcting or remedying such default and to remain therein until the same shall have been corrected or remedied. No performance by Landlord of any of the obligations on Tenant's park to be performed hereunder shall be or be deemed to be a waiver of the Tenant`s default in or failure to perform the same nor shall the performance thereof by Landlord release or relieve Tenant from any obligations on its part to be performed under this Lease. Section 14.8 Waiver of Breach. The waiver by Landlord of any breach by Tenant of any of the provisions of this Lease shall not constitute a continuing waiver or waiver of any subsequent breach by Tenant either of the same or different provision of this Lease. The receipt by Landlord of Rent payable under this Lease, with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be deemed to be a waiver of any provisions of this Lease. Section 14.9 Surrender of Property and Project. On expiration or sooner termination of this Lease, Tenant shall surrender the Property and the Project and fall facilities in any way appertaining to the Property or the Project, to Landlord in as good and clean condition as practicable, reasonable wear and tear excepted and -subject to the provisions of Article 9 ( "Repairs and Restoration "). ARTICLE 15. MISCELLANEOUS Section 15.1 No Joint Venture. Neither the obligation to pay Rent hereunder nor the manner herein prescribed for the computation of the amount of such Rent shall constitute Landlord and Tenant as partners, joint venturers, or tenants in common, nor require Landlord to participate in any costs, liabilities, expenses or losses of Tenant. Section 15.2 Force Majeure o Delays. Except as otherwise expressly provided in this Lease, should the performance of any act required by this Lease to be performed by either Landlord or Tenant be prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, or moratorium on building, construction or planning approvals, or any other cause, except financial inability, not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of FADOCUMENi1KMALDWINODAM8 110899 35 delay will be excused; provided, however, that nothing contained in this Section shall excuse the prompt payment of Rent by Tenant when due and payable under the terms of this Lease, or the performance of any act rendered difficult or impossible solely because of the financial condition of the party, Landlord or Tenant, required to perform the act, or the delivery of possession of the Property by Landlord to Tenant as required by this Lease. Section 15.3 Attorneys' Fees. In the event of any action or proceeding by any party hereto for breach or to enforce the provisions of this Lease, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and costs as the court may determine. For the purpose of this Lease, the terms "attorneys' fees" or "attorneys' fees and costs" shall mean the fees and expenses of counsel to the parties hereto, which may include printing, duplicating and other expenses, airfreight charges, and fees billed for law clerks, paralegals, librarians and others not admitted to the bar but performing services under the supervision of an attorney. The terms "attorneys' fees" or "attorneys' fees and costs" shall: (i) also include, without limitation, all such fees and expenses incurred with respect to appeals, arbitrations and bankruptcy proceedings, and whether or not any action or proceeding is broughtwith respect to the matterfor which said fees and expenses were incurred. Section 15.4 Notices. All notices, requests and demands given underthe terms of this tease shall be in writing and may be effected by personal delivery, including by any commercial courier or overnight delivery service, or by united States registered or cerfified mail, return receipt requested, with all postage and fees fully prepaid. Notices shall be effective upon receipt by the party being given notice, as indicated by the return receipt if mailed; except that if a party has relocated without providing the other party with its new address for service of notices, or if a party refuses delivery of a notice upon its tender, the notice shall be effective upon the attempt to serve the notice at thelastaddress given for service of notices upon that party. Alternatively, notices may be served by facsimile transmission, in which case service shall be deemed effective only upon receipt by the party serving the notice of telephonic or return facsimile transmission confirmation that the party to whom the notice is directed has received a complete and legible copy of the notice. Notices shall be addressed at the addresses shown under the respective parties signatures to this Lease. The address(es) for service of notice on any party may be changed by that party serving a notice upon the otherof the new address, except that any change of address to a post office box shall not be effective unless a street address is also specified for use in effectuating personal service. Section 15.5 Governing Law. This Lease, and all matters relating to this Lease, shall be governed by the laws of the State of California in force at the time any need for interpretation of this Lease or any decision or holding concerning this Lease arises. The parties acknowledge that each party has been represented by independent counsel in connection with this Lease and that the preparation of this Lease has been a joint effort of both parties. Accordingly, any doctrine which would result in this Lease being interpreted in favor of or against any particular party shall not be applicable. FADOCUMFN- 11MBALDWIMDDAM8 110899 36 Section 15.6 Binding on Heirs and Successors. This Lease, and the terms, covenants and conditions hereof, shall be binding on and shall inure to the benefit of the heirs, executors, administrator, successors and assigns of the partiesf;ereto, Landlord and Tenant, but nothing in this Section shaft be construed as a consent or approval by Landlord to any assignment of this Lease or any interest therein by Tenant except as provided in Articles 7 ("Encumbrance of Leasehold Estate "), 8 ( "Lender Protection ") and 12 ( "Assignment and Subleasing ") of this Lease. Section 15.7 Partial Invalidity. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this Lease shall remain in full force and effect unimpaired by the holding. Section 15.8 Sole and Only Agreement; Amendment. This instrument constitutes the sole and only agreement between Landlord and Tenant respecting said Property and the Project, the leasing of the Property to Tenant, the construction of the Project and the Lease terms herein specified, and correctly sets forth the obligations of Landlord and Tenant to each other as of its date, and supersedes any and all prior agreements or understandings whetherwritten or oral. Any agreements or representations respecting the Property or the Project, their leasing to Tenant by Landlord, or any other matter discussed in this Lease not expressly set forth in this instrument are null and void, any and all amendments or modifications of this Lease shall be in writing and shall be dated and signed by the parties hereto and shall be subject to the provisions of Section 8.2 ( "No Modification of Lease or Termination of Lease Without Lender's Consent ") hereof. Section 15.9 Time of Essence. Time is expressly declared to be the essence of this Lease. Section 15.10 Memorandum of Lease for Recording. Neither party, Landlord or Tenant, shall record this Lease without the written consent of the other. However, Landlord shall, at the request of Tenant, at anytime during the term of this Lease, execute a memorandum or "short form" of this Lease for purposes of, and in a form suitable for, being recorded in the official records of Los Angeles County, California. In the event that there are any reasonable costs to Landlord for such recordation, Landlord shall be compensated by Tenant. The memorandum of "short form" of this Lease shall describe the parties, Landlord and Tenant, set forth a description of the Property, specify the term of this Lease, and shall incorporate this Lease by reference. The form of such Memorandum of Lease approved by the parties hereto is attached as Exhibit C hereto and incorporated by reference herein. Section 15.91 Gender, Single and Plural, Joint and Several. Whenever the context herein so requires, the masculine gender includes the feminine or neuter and the singular includes the plural. All obligations of the parties hereto, Landlord and Tenant, and their heirs, executors, administrator, successors and assigns, shall be joint and several. FAD0CUMEN-r\KBIBALDW1N1DDA.V8 110899 37 Section 15.12 Signs. Tenant and the Lenders will be entitled to place on the Property such advertising signs as any of them deem necessary or advantageous to their respective interests, provided that all such signs shall comply with all applicable taws and ordinances for the development and marketing of the Property. Section 15.13 Reasonable Consent. Wherever in this Lease, Landlord or Tenant is entitled to give its approval or consent, the same shall not be unreasonably withheld, except as otherwise expressly provided herein. Section 15.14 Quiet Possession. Tenant, upon payment of the Rent herein and upon observing and performing all the obligations to be performed by Tenant hereunder, shall and may peaceably and quietly have, hold and enjoy the Property and the Project, and the whole thereof, for the full term of this Lease, without hindrance or interruption by Landlord or any other person or persons lawfully claiming by, through, or under Landlord, except as herein expressly provided. Section 15.15 Estoppel Certificate. A party hereto ( "Certifying Party ") shall at any time upon no less than thirty (30) days' prior written notice from the other party ( "Requesting Party ") execute, acknowledge and deliver to the Requesting Party a statement in writing (i) certifying that this Lease is unmodified and in full force, or, if modified, stating the nature of such modifications and certifying that this Lease, as so modified, is in full force and the date to which the Rent and other charges are paid in advance, if any, (ii) acknowledging that there are not, to the knowledge of the Certifying Party, any uncured defaults on the part of the Requesting Party hereunder, or, specifying such defaults if any are claimed, and (iii) any other matters related to the status of this Lease as maybe required bya Lender, prospective assignee, subtenant or purchaser. Any such statement may be conclusively relied upon by any prospective assignee, subtenant; purchaser or Lender of the interest of the Requesting Party. A Certifying Party's failure.to deliver such statement within such time shall be conclusive upon the Certifying Party (i) that this Lease is in full force, without modification except as may be represented by the Requesting Party, (ii) that there are no uncured defaults in the Requesting Party's performance, and (iii) that not more than one month's Rent has been paid in advance. Section 15.16 Representations and Warranties of Tenant and Landlord. Landlord and Tenant each hereby represents and warrants to the other that each has the full power and authority to enter into this Lease and that by entering into this Lease, it will not be in violation of any agreement, order, judgment, law, rule or regulation that applies to it. Section 15.17 Attornment. In the event that Tenant defaults under this Lease and fails to cure said default within the grace period provided for in Section 14.2 ('Termination for Breach by Tenant "), Landlord may notify all subtenants of the default and said subtenants shall attom to Landlord and perform all of Tenant's obligations under the Lease. As to each subtenant not in default at the time of notice, Landlord shall continue F :IDOCUMENTIKBIBALDW1N\DDA.V8 110899 38 to recognize the estate of each such subtenant. The sublease shall continue with the same force and effect as if Landlord and subtenant had entered into a lease with the same provisions as in the sublease. Section 15.18 Limit of Tenant's Liability. Notwithstanding anything to the contrary contained in this Lease, neither Tenant nor any partner nor Affiliate thereof shall have any personal liability under the terms of this Lease and Landlord agrees for itself and its successors and assigns to look solely to the Property, and after construction of the Project, to the Property and the Project for the satisfaction of any loss, damage or liability incurred by it caused by Tenant's default including but not limited to the payment of any Rents due under this Lease. Section 15.19 Limit of Landlord's Liability. The term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners at the time in question of the fee of the Property and in the event of any transfer or transfers of the title to such fee Landlord herein named (and in case of any subsequent transfers or conveyances the then grantor) shall be automatically freed and relieved from and after the date of such transfer or conveyance from all obligations on the part of Landlord contained in this Lease to be performed thereafter, provided that any prepaid rent or trust funds in the hands of such Landlord or the then grantor at the time of such transfer, shall be transferred to the grantee or transferee, who shall expressly assume, subject to the limitations of this Section, all of the terms, covenants and conditions in this Lease contained on the part of Landlord thereafter to be performed, it being intended by this Section that the covenants and obligations contained in this Lease on the part of Landlord shall, subject to the provisions of this Section 15.19, be binding on Landlord, its successors and assigns, only during and in respect of their respective successive periods of ownership, provided that-no transfer or conveyance shall relieve any assignor, grantor, transferor, or conveyancer of any liability accruing during the time that such party was the Landlord. Section 15.20 Sections. The references to Articles and Sections in this Lease shall mean the Articles and Sections of this Lease unless expressly stated to the contrary. The titles and headings of Articles and Sections of this Lease are intended forconvenience only and shall not in any way affect the meaning or construction of any provision of this Lease. Section 15.21 Incorporation of Preamble and Exhibits. The preamble and exhibits hereto are hereby incorporated into this Agreement and made a part hereof. F :IDOCUMEN- RKB\BALDW1NIDDA.V8 110899 39 EXECUTED by the parties hereto as of this day of '199—. Baldwin Park Redevelopment Agency By:___ Name: Title: Address: Baldwin Park Redevelopment Agency City Hall 14403 East Pacific Avenue Baldwin Park, California 91706 TENANT: (to be designated by KBMH) By: Name: Title: Address: 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa With copy to: Kaufman and Broad Multi- Housing Group, Inc. 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa FADOCUMENTWMALDWINODA.V8 110899 40 Exhibits A. Legal Description B. Preliminary Title Report C. Form of Memorandum of Lease FADOCUMENTIKBOALDWINWAN8 11 0899 41 EXHIBIT A DESCRIPTION OF PROPERTY That certain real property in the City of Baldwin Park, County of Los Angeles, State of California described as follows: tSee legal description attached hereto and incorporated by reference herein] FADOCUMENTIKMALDW INODAM8 110899 42 EXHIBIT A LEGAL DESCRIPTION The Property is located in the City of Baldwin Park, California and is described as follows: Parcel 900 and 90S an the former Maine Street right of way, plus parcel 905, 904, 903, 902, and 21. (Final Legal description to follow an 1 1123199.) PRELIMINARY REPORT F_1D0CUMENTIKBIBALDWINIDDA.V8 11€1899 43 [EXHIBIT C TO GROUND LEASE] Recording Requested By: When Recorded Mail To: MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE is made as of the day of , 19 , by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (to be designated by KBMH) (herein called 'Tenant "). 1 _ Landlord and Tenant have entered into that certain Ground Lease, dated . 719 (herein called the "Lease "), by which Landlord agreed to lease to Tenant and Tenant agreed to lease from Landlord on the terms and conditions stated in the Lease, the land and premises (the "Property ") located in the City of Baldwin Park, County of Los Angeles, State of California, described in Exhibit A attached hereto and incorporated herein by reference. 2. The Lease provides for a term commencing on ,19 , and ending fifty -seven (57) years thereafter, unless sooner terminated as provided in the Lease. 3. The Lease provides that Tenant may use the Property during the term of the Lease for any lawful purpose, including construction and operation of an apartment project subject to the terms of that certain Disposition and Development Agreement entered into with respect to the Property by Landlord and Tenant. 4. The Lease is incorporated herein by reference and made a part hereof. 5. This Memorandum of Ground Lease is not intended to and does not modify, alter or amend any of the terms or conditions of the Lease, but rather serves as a written memorandum thereof for purposes of recordation. FAD0CUMENi1KB1BALDWINIDDA.V8 110899 44 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Ground Lease as of the day, month and year first written hereinabove. Baldwin Park Redevelopment Agency By: Name:_ Title: Address: XXX TENANT: (to be designated by KBMH) By: Name: Title: Address: 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa .. With copy to: Kaufman and Broad Multi- Housing Group, Inc. 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa FADOCUMENTWMBALDWINIDDA.V8 110899 45 STATE OF. ) ) ss COUNTY OF ) On this day of 19 , before me, the undersigned, a notary public in and for said state, 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. Signature: (Seal) STATE OF ) ) ss COUNTY OF ? On this dayof 19 , before me, the undersigned, a notary public in and for said state, 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 helshelthey 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. Signature_ FADOCUMENTII MALDWINWAN8 110899 46 (Seal) EXHIBIT 2 PROJECT SITE [See description attached hereto] FADOCUMEN7WBtBALDWINIDDA.V8 110899 ....... — F_•_'.y j11:_i.T t�as'�.ei 4 E�:f'.tik -!}.! �1 I s011 I W I �I ry• 144C8 ,�17 iq.1Z v�+ 1 ' 1+300 7� rrrpeaerr 0 C1 o0 39M 392 .j ci: PROJECT Project description is in the black area of this Exhibit EXHIBIT 2 FADOCUMENTIKMBALDW INODA.V8 110899 2 C1 ,.C3 [QTY HAI1_ EXHIBIT 3 SCOPE OF DEVELOPMENT Project. Development ofa residential apartment complex with a minimum 50 apartment units for occupancy by Low Income Persons who are Senior Citizens. Developer shall also construct necessary off-Site and on -Site infrastructure improvements as may be required in order for or its Assignee Developer to obtain such approvals of the Authorities as may be required to construct the project. Developer: Baldwin Paris Senior Apartments, L.P. I. Improvements A. Submittal of a design package to the Planning Division or the Design Review process. Submittal package shall include the location and design of the proposed development and the location of the proposed street. B. The Developer shall also submit plans to construct on -Site and off -Site improvements to the adjacent parking lot and alleyway C. Once the design packages receive Design Review tentative approval, the Developer shall submit applications for a conditional use permit along with any other discretionary approvals required for the project. The conditional use permit and other discretionary approvals are considered by the Planning Commission or the City Council on appeal D. If the Planning Commission entitlements are approved, the Developer shall then submit construction drawings to the Building Division (plan check) for review and approval. E. The Developer shall submit any grading and /or demolition plans necessary for the development of the Project. F. Once each division approves the submitted construction plans, building permits shall be obtained. Il. Changes in Building Plans and Specifications If Developer desires to make any material changes in the building plans and specifications for the Project after the same have been approved by the Agency, the Developer shall submit the proposed change(s) to the appropriate official for body for approval. F:\D0CUMEN-nKBkBALDW1NkDDA.V8 110899 2. i EXHIBIT 4 SCHEQU OF PERFORMANCE PERFORMANCE Execution of A reement b Develo er. Agreement signed by Developer and presented to Agency- Execution of Agreement. Agreement authorized by Agency and delivered to Developer. Submission - Initial Desi ned Conte t Drawin s. Developer shall prepare initial and submit to Agency Rehabilitation Concept Drawings and related documents for the property to consider such items as building setbacks, access for fire control, etc. 4. A roval - lnitial Conte t Drawin s. Agency shall approve or disapprove initial Design Concept Drawings and related documents for the property. 5. Submission - Final Desi n Drawin s and Schematic Landsca in Plan. Developer shall prepare and submit to the Planning Division, Final designed drawings. rl 7. Q A roval -Final Desi n Drawin s and Schematic Landsca in Plan. The Planning Division shall approve or disapprove the Final Design Drawings and Schematic Landscaping Plan. Corn letion of Construction. Developer shall complete the construction of private and public improvements on the Project Site as well as off -site improvements. Certificate of Com letion. F:1DOCUMEnNTRKB \BALDW{N1DDA -V8 110899 DATE prior to execution by Agency. Within 30 days after the Developer has executed and delivered the Agreement to the Developer. Within 20 working days after close of escrow. Within 30 working days after receipt. Within 9Q working �bg by for low income allocation issued Y housing tax credits for Project. Within 4 months after carryover allocation issued for low income housing tax credits for Project. Within one year after the year that the carryover allocation for IoW income housing tax credits for the Project is issued by CTCAC pursuant to Section 42 of the Internal Revenue Code. City shall issue a Certificate of Completion for each building as completed within 10 days of completed construction. EXHIBIT 5 CERTIFICATE OI= COMPLETION RECORDED AT REQUEST OF: WHEN RECORDED RETURN TO: (Space Above Line for Recorder's Use) This Certificate is recorded at the request and for the benefit of at re Redevelopment fee Pursuant t of the City of Baldwin Park and is exempt from payment Government Code Section 6103. CERTIFICATE OF COMPLETION WHEREAS ursuant to a Disposition and Development Agreement (hREDEVELOPMENT WHER , P * 199_, by and between the as the "Agreement ") dated ublic body, corporate and politic ( "Agency "), and AGENCY OF THE CITY OF BALDWIN PARK, a p ""' Developer has developed that certain' real Baldwin Park Senior Apartments, L.P. ( Develo er p )' State of and more property located in the City of Baldwin Park, County of Los Angeles, State of California, if the tends and particularly described in Exhibit "A" attached hereto (the Property') g conditions of the Agreement; and WHEREAS, pursuant to Section 309 of the Agreement, Ag hall fuo shl Developion of construction work to be completed by Developer on the Property, Agency with a Certificate of Completion for recordation upon written request therefor by Developer; and WHEREAS, the issuance by Agency of the Certificate of Completion shall be conclusive evidence that Developer has complied with the terms of the Agreement pertaining to the development of the Property; and WHEREAS, Developer has requested that Agency fumish Developer with the Certificate of Completion for recordation; and WHEREAS, Agency has determined that the development of the property has been satisfactorily completed as required by the Agreement; F:ID0CUMENT1KB18ALDW1N1DDA.V8 2 110899 NOW, THEREFORE: 1. The Agency does hereby certify that the development of the Property has been fully and satisfactorily performed and completed, and that such development and all other performance required of Developer is in full compliance with the Agreement. 2. This Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to completion is not a Notice rof Completion as referred secured by the Property_ This Certificate o p shall include all to in California Civil Code Secti°9c�nless the context herein to improvements and the project thereon IN WITNESS WHEREOF, Agency has executed this Certificate as of this day of 19_, which date is the date of issuance of this Certificate of Completion. REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK By:_ Executive Director Baldwin Park Senior Apartments, L-P. hereby consents to the recordation of this Certificate of Completion against the Property described herein. Dated: Baldwin Park Senior Apartments, L.P., By: FAD0CUMENTRKBRBALDWINRD0A.V8 3 110899 EXHIBIT 6 DEFiN1TION OF HAZARDOUS SUBSTANCES The term "Hazardous Substance" as used in this Agreement shall mean any toxic or hazardous substance, material or waste oran p lnrnatcontaminant l r wastes regulated now or in the material, including but not limited to those substances, future under any of the statutes or regulations listed below and any and all of those substances "hazardous included, within the definitions of �anc� �orrsix {� �st� mmiile �!y hazardous chemical substance waste ", hazardous chemical subs or "solid waste" in yr mixture" "toxic substances ", "hazardous air pollutant", shall alpsolmearteany and all thersimilar statues or regulations listed below. Hazardous terms defined in other federal state and !Deal iecomet�eu Mated regulations, orders or state or materials and wastes which are, or in the future b g azardous or federal law for the protection of health or tkoontaminar7tsj, as defined, lis ed or ated by toxic substances, materials or waste, pollutants or without any federal, state or local law, regulation or order or bY� ohloroeth ene decision, and otherdichforinated limitation, (i) trichloroethylene, tetrachloroethylene, p Y solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) polychlorinated biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste. In addition, a Hazardous Substance shall include: (1) a Hazardous Substance" "Hazardous Material ", "Hazardous Waste ", or "Toxic , Substance" under the Comprehensive Environmental Response, Compensation and Liability Act ion of 1980, 42 U.S.C. Section 9601, et seq., the Hazardous t n and Recovelry Act, 42 U S C. Sect on 6801, Section 1801, et seq., or the Resource Conservation et seq.; (2) an "Extremely Hazardous Waste ", a "Hazardous Waste ", or a "Restricted Hazardous h and Safety Code, or is Waste", under Sections 25115, 25117 or 25122. ltHealth and Safety Cade; listed or identified pursuant to Sections 25140 or 44321 of the California {3} a "Hazardous Material ", "Hazardous Substance", "Hazardous Waste ", " Toxic Air Contaminant", or "Medical Waste" under Sections 25281, 25316, 25501, 25501.1, 25023.2 or 39655 of the California Health and Safety Code; (4) "Oil" or a "Hazardous Substance" listed or identified pursuant to Section 311 of the Federal Water Pollution Control Act, 33 U.S.C. Section 1321, as well as any other hydrocarbonic substance or by- product; (5) listed or defined as a "Hazardous Waste ", "Extremely Hazardous Waste" or an "Acutely Hazardous Waste" pursuant to Chapter 11 of Title 22 of the Califomia Code of Regulations; (6) listed by the State of California he Ca fom atHealthtand Safety Code or reproductive toxicity pursuant to Sec tion 25249.8 {a} of F:tDOCUMENTIKBIBALDWlN1DDA.V8 110899 (7) a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remed, including remediation which such law or public agency requires in order for the property put any lawful purpose; (8) any material the presence of which would require remediation pursuant to the guidelines set forth in the State of California Leaking Field Manual, whether or not the presence of suc h material resulted m a Baking u derground tak; (9) pesticides regulated under the Federal insecticide, Fungicide and Rodenticide Act, 7 U.S.C. Section 136 et seq.; (10) asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; (11) any radioactive material including, without limitation, any "source material "special nuclear material ", "by- product material ", "low -level wastes ", "high-level radioactive waste", spent nuclear fuel" or "transuranic waste ", and any other radioactive materials or radioactive wastes, however produced, regulated under the ect Section 10101 etgsegcto4pu want o the California tRadiat on Nuclear Waste Policy Act, 42 U.S. Control Law, California Health and Safety Code Section 25800 et seq. (12) industrial process and pollution control wastes, whether or not "hazardous" whin the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et se (13) regulated under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., or the California Occupational Safety and Health Act, California Labor Code Section 6300 et seq.; and /or (14) regulated under the Clean Air Act, 42 U.S.C. Section 7401 et seq. or pursuant to Division 26 of the California Health and Safety Code. All other laws, ordinances, codes, statutes, regulations, administrative rules, policies and orders, promulgated pursuant to said foregoing statutes and regulations or any amendments or replacement thereof, provided such amendments or replacements shall in no way limit the original scope and /or definition of Hazardous Substance defined herein. F:IDOCUMEN- RKBtBAL1)W1NIDDA.V8 2 110899 GROUND LEASE by and between The Baldwin Park Redevelopment Agency ( "Landlord ") and ( "Tenant ") Baldwin Park, California F :IDOCUMEN- RKBIBALDW INIGRNDLSE.V5 110599 TABLE OF CONTENTS Pale No. ARTICLE 1. DEFINITIONS .............. ............................... 1 ARTICLE 2. TERM OF LEASE ........... ............................... 5 Section 2.1 Fixed Term ........ ............................... 5 Section 2.2 Possession ........ ............................... 5 ARTICLE3. RENT ..................... ............................... 5 Section 3.1 Rent ........... ............................... I . 5 Section 3.2 Additional Rent .. . ............................... 5 Section 3.3 Place for Payment of Rent ........ . .................. 5 Section 3.4 Additional Rent Statement ........................... 5 Section 3.5 Annual Report ...... ............................... 5 Section 3.6 Net Rent ........ . ..................... 6 ARTICLE 4. USE OF PROPERTY ......... ............................... 6 Section 4.1 Use and Operation .............................. 6 Section 4.2 Zoning and Use Permits ....................... ..... 6 Section 4.3 Approval of Plans Required .......................... 7 Section 4.4 Only Lawful Uses Permitted .......................... 7 Section 4.5 Restrictions by Tenant .............................. 7 Section 4.6 Termination of Use Restrictions ....................... 8 ARTICLE 5. TAXES AND UTILITIES ...... ............................... 8 Section 5.1 Tenant to Pay Taxes . ..........7 .................... 8 Section 5.2 Payment Before Delinquency ......................... 8 Section 5.3 Taxes Payable in Installments ........................ 9 Section 5.4 Contest of Tax ...... ............................... 9 Section 5.5 Tax Hold - Harmless Clause ........................... 9 Section 5.6 Utilities ............ ............................... 9 Section 5.7 Payment by Landlord .............................. 10 ARTICLE 6. CONSTRUCTION BY TENANT ............................... 10 Section 6.1 Notice of Commencement of Construction .............. 10 Section 6.2 Construction Obligation; Condition Precedent to Construction 10 Section 6.3 Condition Precedent to Construction .................. 10 Section 6.4 Compliance With Law and Quality .................... 10 Section 6.5 Mechanics' Lien ... ............................... 11 F: IDOCUMEN- RKB1BALDWINIGRNDLSE.V5 110599 Section 6.6 Ownership of the Project ............................ 11 ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE .................... 11 Section 7.1 Tenant's Right to Encumber Leasehold ................ 11 ARTICLE 8. LENDER PROTECTION ..... ............................... 12 Section 8.1 Notice to and Service on Lender ...................... 12 Section 8.2 No Modification of Lease or Termination of Lease Without Lender's Consent ................. I................ 12 Section 8.3 Rights of Lender ... ............................... 12 Section 8.4 Right of Lender to Cure Defaults ...................... 13 Section 8.5 Foreclosure in Lieu of Curing Default .................. 13 Section 8.6 Assignment Without Consent on Foreclosure ............ 14 Section 8.7 New Lease to Lender .............................. 15 Section 8.8 No Merger of Leasehold and Fee Estates .............. 16 Section 8.9 Lender as Assignee of Lease ........................ 16 Section 8.10 Lender as Including Subsequent Security Holders ........ 16 Section 8.11 Estoppel Certificates ............................... 16 Section 8.12 Superiority of Ground Lease ......................... 16 Section 8.13 Amendments ....... ..................... 17 Section 8.14 Restriction on Landlord's Right to Encumber the Fee ...... 17 Section 8.15 Restriction on Subordination of Tenant's Interest ......... 17 Section 8.16 Lender's Nominee ................................. 17 Section 8.17 Multiple Lenders ... ............................... 17 ARTICLE 9. REPAIRS AND RESTORATION .............................. 17 Section 9.1 No Obligation of Landlord ........................... 17 Section 9.2 Maintenance by Tenant ............................. 17 Section 9.3 Compliance with Applicable Law ...................... 18 Section 9.4 Damage or Destruction ............................. 18 Section 9.5 Application-of Insurance Proceeds .................... 19 Section 9.6 Continuing Obligation to Pay Rent .................... 20 ARTICLE 10. INDEMNITY AND INSURANCE ............................. 20 Section 10.1 Indemnity Agreement .............................. 20 Section 10.2 Exculpation of Landlord ............. , ............... 21 Section 10.3 Obligation to Indemnify Other Party ................... 22 Section 10.4 Liability Insurance .. ............................... 22 Section 10.5 Casualty Insurance . ............................... 23 Section 10.6 Required Insurance During Construction ............... 23 Section 10.7 Insurance Terms ... ............................... 24 Section 10.8 Other Insurance; Waiver of Rights .................... 24 Section 10.9 Adjustment ....... ............................... 24 Section 10.10 Lender Requirements .............................. 25 F :\DOCUMENnKBIBALDWINIGRNDLSE.V5 110599 ii Section 10. 11 Environmental Indemnity ............................ 25 ARTICLE 11. CONDEMNATION ......................... I .............. 25 Section 11.1 Definitions ............................... 25 Section 11.2 ........ Notice and Representation .......................... 27 Section 11.3 Total or Substantial Taking .......................... 27 Section 11.4 Partial Taking ..... ............................... 28 Section 11.5 Limited Takings .... ............................... 29 Section 11.6 Partial Taking During Final Years of Lease Term ......... 30 11.7 Allocation of Award of Tenant's Section 11.6 Election ............. 30 ARTICLE 12. ASSIGNMENT AND SUBLEASING .......................... 30 Section 12.1 Tenant's Right to Assign Lease Without Landlord's Consent or Approval ....... ............................... 30 Section 12.2 Lease Termination Upon Assignment .................. 31 Section 12.3 Tenant's Right to Sublease .......................... 31 Section 12.4 Assignment, Sublease, or Transfer Prior to Completion of Improvements ..... ............................... 31 ARTICLE 13. Intentionally Omitted ...... ............................... 32 ARTICLE 14. DEFAULT AND TERMINATION ........................... • • 32 Section 14.1 Abandonment by Tenant ............................ 32 Section 14.2 Termination for Breach by Tenant .................... • 32 Section 14.3 Landlord's Right of Reentry .......................... 33 Section 14.4 Landlord's Right to Relet the Property ................. 33 Section 14.5 No Automatic Termination ........................... 34 Section 14.6 Holding Over ...... ............................... 34 Section 14.7 Landlord's Rights of Self Help ........................ 34 Section 14.8 Waiver of Breach ... ............................... 35 Section 14.9 Surrender of Property and Project .................... 35 ARTICLE 15. MISCELLANEOUS ........ ............................... 35 Section 15.1 No .Joint Venture ... ............................... 35 Section 15.2 Force Majeure - Delays ............................. 35 Section 15.3 Attorneys' Fees .............. .................... 36 Section 15.4 Notices .......... ............................... 36 Section 15.5 Governing Law ................................... 36 Section 15.6 Binding on Heirs and Successors ...................... 37 Section 15.7 Partial Invalidity .... ............................... 37 Section 15.8 Sole and Only Agreement; Amendment ................ 37 Section 15.9 Time of Essence ... ............................... 37 Section 15.10 Memorandum of Lease for Recording .................. 37 Section 15.11 Gender, Single and Plural, Joint and Several ............ 37 F:\DOCUMENT\KB\BALDWIN\GRNDLSE.V5 SE.V5 110599 iii Section 15.12 Signs ............ ............................... 38 Section 15.13 Reasonable Consent ............................... 38 Section 15.14 Quiet Possession .. ............................... 38 Section 15.15 Estoppel Certificate . ............................... 38 Section 15.16 Representations and Warranties of Tenant and Landlord .. 38 Section 15.17 Attornment ....... ............................... 38 Section 15.18 Limit of Tenant's Liability ............................ 39 Section 15.19 Limit of Landlord's Liability .......................... 39 Section 15.20 Sections ......... ............................... 39 Section 15.21 Incorporation of Preamble and Exhibits ................ 39 F:\DOCUMEN-RKB\BALDWIN\GRNDLSE.V5 110599 iv GROUND LEASE This Ground Lease ( "Lease ") is made by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (party to be designated by Kaufman and Broad Multi- Housing Group, Inc.) (herein called 'Tenant "), with respect to the land and premises located in the City of Baldwin Park, County of Los Angeles, State of California described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property "). This Lease shall be on the following terms and conditions: ARTICLE 1. DEFINITIONS The following terms as used in this Lease shall have the meanings given herein unless expressly provided to the contrary: "Additional Rent" means the Additional Rent payable by Tenant to Landlord as provided in Section 3.2 hereof. "Affiliate" means (i) any party directly or indirectly controlling, controlled by or under common control with another party, (ii) any party owning or controlling 10% or more of the outstanding voting securities of such other party, (iii) any officer, director or partner of such party, or (iv) if such other party is an officer, director or partner, any company for which party acts in any such capacity. "Base Rent" means the Base Rent payable by Tenant to Landlord as provided in Section 3.1 hereof. "Bridge Loan" means any loan secured by Lien made by KBMH Capital, Inc. or any Affiliate thereof with respect to the Project. "Capital Improvement Loan" means any loan or loans to Tenant secured by a Lien, which is made to finance additional capital improvements for the Project, after Completion of Construction. "Cash Expenditures" means, with respect to any period, all expenditures of cash with respect to the operation of the Project by Tenant during such period including, without limitation, payment of operating expenses, payment of Base Rent and other obligations under this Lease other than Additional Rent, payment of the Permit Fees, payment of Debt Service and principal and interest on the indebtedness of Tenant, payment of real estate taxes, assessment and bonds, cost of repair and restoration of the Project (other than from insurance proceeds), payment of a partnership administration fee of $5,000 per year, adjusted annually by the Index, payment of an asset management fee of $5,000 adjusted F: ICS ©CUMENTIKBIBALDWiN1GRN©LSE.V5 110599 annually by the Index, such extraordinary expenses incurred in meeting the requirements for maintaining and repairing the Project as required by any Lender or as required to comply with law, payment of property management fees, Developer Fees and other fees and obligations of Tenant with respect to the Project, and amounts deposited to Reserves by Tenant with respect to the Project (but not amounts expended from such reserves). "Cash Receipts" means, with respect to any period, all cash receipts of the Tenant from the operation of the Project during such period, but not including (i) cash receipts from any sale or refinancing of the Project, (ii) security deposits from tenants occupying individual apartment units in the Project and interest thereon (except to the extent retained by the Tenant as a result of a default by a tenant of a unit under its lease), or (iii) the proceeds of any capital contributions or loans to the Tenant. In addition, the net reduction in any year in the amount of any escrow account or reserve maintained by or for the Tenant shall not be considered a cash receipt of the Tenant for such year. Insurance proceeds shall not be considered a cash receipt (except as receive by Tenant for loss of rents). Notwithstanding the foregoing, at the election of the Tenant, Cash Receipts received near the end of a fiscal year and intended for use in meeting the Tenant's obligations (including the cost of acquiring asset or paying debts or expenses) in the subsequent fiscal year shall not be deemed received until such following year. "City" means the City of Baldwin Park, California. "Completion of Construction" shall have the meaning provided for in Section 6.4 hereof. "Construction Loan" means any loan or loans secured by a Lien, the majority of the proceeds of which are used to finance the construction of the Project and the remainder of which are used to pay for interest, fees, points, reserves, attorney's fees, closing costs and costs normally or customarily incurred in obtaining a construction loan. "Debt Service" means the total payments required to be made by Tenant, with respect to any period, for payment of any loan which may be secured by a Lien or otherwise obtained by or funded to Tenant in connection with the Project whether or not secured by a Lien, including but not limited to debt service payments on the Construction Loan, Bridge Loan, Permanent Loan, and any Capital Improvement Loans, Negative Cash Flow Loans or any refinancing of the foregoing loans. If upon foreclosure of any Loan secured by a Lien, the Lender making or holding such loan acquires Tenant's interest underthis Lease, then, for purposes of calculating Additional Rent payable by such Lender as the Tenant under this Lease, the portion of the Debt Service, which would otherwise have been payable by Tenant to such Lender had such Lender not foreclosed, will be imputed in calculating Net Spendable Cash Flow. "Developer Fee" means the maximum fee permitted by the California Tax Credit Allocation Committee that may be paid by Tenant as a developer fee. F: IDOCUMENT1KB16ALDWINkGRNDLSE.VS 110599 2 "Disposition and Development Agreement" is that certain agreement entered into by and between the Landlord and Tenant on in which Tenant agreed to participate as a developer in furthering the Landlord's goals under the redevelopment plan of the project area in Baldwin Park. "Hazardous Materials" means substances defined as "hazardous substances ", "hazardous materials ", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec, 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq; those substances defined as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in Section 25316 of the California Health & Safety Code; any similar substances as defined and used in any similar environmental control law applicable to the Property; and in the regulations adopted or publications promulgated pursuant to said laws or any amendments thereto. "Index" means the maximum annual percentage that rent of a tenant in the Project may be changed and still have the Project qualify for Tax Credits. "KBMH" means Kaufman and Broad Multi - Housing Group, Inc. or any Affiliate thereof. "Lease" means this Ground Lease. "Lender" means the payee or holder of any indebtedness of Tenant, or the mortgagee or a beneficiary of any Lien, and shall include the successors and assigns of the foregoing. "Lien" means any deed of trust, mortgage or other security instrument encumbering the Tenant's leasehold estate in the Property and/or Project, or any part thereof, securing any Loan. "Loan" means any loan made as permitted in Article 7 ( "Encumbrance of Leasehold Estate ") hereof, or any other loan to Tenant described in Debt Service. "Negative Cash Flow Loan" means any loan or loans to Tenant secured by a Lien, which is made to finance any operating deficits for the Project, whereby Cash Receipts are insufficient to pay Cash Expenditures as and when due, and reserves otherwise established for payment of such deficits have been expended or are unavailable to Tenant by the provisions of any other Loan. "Net Spendable Cash Flow" means the excess of (i) Cash Receipts over (ii) Debt Service and Cash Expenditures. Net Spendable Cash Flow shall be determined separately for each Year. F: IDOCUMENTIKBIBALDWINIGRNDLSE.V5 110599 3 "Permanent Loan" means any loan having a term of at least 15 years, a part of the proceeds of which are used to pay off any Construction Loan or the refinancing of any loan, a part of the proceeds of which were used to pay the Loan paying off any Construction Loan, and which loan is secured by a Lien. "Permit Fees" means all fees payable to the City of Baldwin Park to process all discretionary entitlements necessary for the development of the Project. "Prime Rate" means the prime rate of interest or the equivalent thereof established by the Bank of America or if the Bank of America is no longer in existence, then by the then largest commercial bank in California on the date of payment. "Project" means the Property and the improvement of the Property with a residential apartment project containing at least 50 apartment units for low - income persons as defined in the Disposition and Development Agreement, and (i) any improvements appurtenant thereto and (ii) any improvements that may alter, repair, add to or replace the apartment project. "Regulatory Agreements" means such Regulatory Agreements as may be required under Section 42 of the Internal Revenue Code of 1986, as amended, for Federal low income housing tax credits, and under California Revenue and Taxation Code, Section 23610.5, for State low income housing tax credits, in order for Tenant to obtain and maintain such tax credits for the Project as provided ,for therein. "Rent" means the Base Rent and the Additional Rent as provided in Sections 3.1 and 3.2 hereof. "Reserves" means reserves for operations and capital improvements or such amounts as may be required by a Lender, and to the extent not required by a Lender the establishment and maintenance of an operating reserve equal to $200 per apartment unit in the Project and a capital reserve`of $200 per apartment unit in the Project. "Tax Credits" means the low income housing tax credits allowable to Tenant with respect to the Project under Section 42 of the internal Revenue Code of 1986, as amended, for Federal tax credits, and under Section 23610.5 of the California Revenue and Taxation Code, as amended, for State tax credits. "Year" means a calendar year commencing on January 1 and terminating on December 31. F:\DOCUMENT\KB\BALDWIN\GRNDLSE.V5 110 599 4 ARTICLE 2. TERM OF LEASE Section 2.1 Fixed Term. The term of this Lease shall commence on the date this Lease is executed by Landlord and delivered to Tenant ( "Commencement Date ") and shall terminate fifty -seven (57) years thereafter. Section 2.2 Possession. Landlord shall on the Commencement Date deliver possession of the Property to Tenant for its sole use and occupancy, free and clear of all liens, encumbrances, charges, leases, rights or possession by others except for those matters shown on the Preliminary Title Report for the Property attached hereto as Exhibit B and incorporated herein which have been approved by Tenant in writing. ARTICLE 3. RENT Section 3.1 Rent. Tenant agrees to pay to Landlord, Rent for this Lease and the use and occupancy of the Property consisting of (i) Base Rent ( "Base Rent ") in the amount of One Dollar per Year, which Base Rent shall be due and payable in advance on the first day of each Year, and (ii) Additional Rent ( "Additional Rent ") as provided in Section 3.2 hereof. The Base Rent shall be increased each Year by the maximum increase in the Index for the prior Year. Section 3.2 Additional Rent. Commencing in the year that the Completion of Construction has occurred, Additional Rent shall be payable to Landlord on an annual, non- cumulative basis, in an amount equal to 25% of Net Spendable Cash Flow for the remaining term of this Lease. Tenant shall be entitled to a credit against the Additional Rent for the Base Rent paid to Landlord for the Year in which the Additional Rent is due. Additional Rent shall be due and payable in arrears within one hundred twenty (120) days after the end of each Year. Section 3.3 Place for Payment of Rent. The Rent shall be paid to Landlord at the address of Landlord listed hereinbelow, or such other place as Landlord may from time to time designate by written notice given to Tenant. Rent shall be payable in lawful money of the United States of America. Section 3.4 Additional Rent Statement. Tenant shall furnish to Landlord with each Additional Rent payment a written statement showing the calculation of the Additional Rent. Section 3.5 Annual Report. Tenant shall furnish to Landlord, within one hundred twenty days (120) of the close of each Year, a statement by an independent certified public accountant, selected by Tenant, showing the Net Spendable Cash Flow and the computation of the Additional Rent payable for the preceding Year. Tenant shall maintain at its offices full, complete and proper books, records and accounts of Cash F: IDOCUMEN- RKB\BALDWINIGRNDLSE.V5 110599 5 Receipts and Cash Expenditures for each Year for three (3) Years next succeeding the close of each Year. Such records shall be available for inspection by Landlord or an authorized representative of Landlord, on five (5) business days prior written notice to Tenant during such three (3) Year period, and Landlord shall have the right to take excerpts therefrom and make copies thereof without removing them from Tenant's office for the purposes of making any computations or verification of any statements submitted by Tenant pursuant to this Section. To the extent that an audit by Landlord shall determine that there has been a deficiency in the payments of Additional Rent by Tenant, the amount of such deficiency shall be and become forthwith due and payable by Tenant from its share of Net Spendable Cash Flow. In addition, if Tenant's statement for any Year shall be found to have understated the appropriate Additional Rent as a result of said understatement by more than five percent (5 %), then Tenant shall pay from its share of Net Spendable Cash Flow, all of Landlord's reasonable costs and expenses connected with any audit or review of Tenant's accounts and records which disclosed such discrepancy. If there is not an understatement of more than five percent (5 %), the cost of such audit or review shall be borne by Landlord. Section 3.6 Net Rent. Tenant shall pay all of the Rent provided for in this Lease to Landlord, absolutely net throughout the term of this Lease, without deduction for any charges, assessments, impositions or deductions of any kind and without abatement, deduction or set -off. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall Landlord be expected or required to make any payment of any Kind whatsoever or to perform any act or obligation whatsoever or be under any obligation or liability hereunder or with respect to the Property except as specifically set forth in this Lease or as required by any common law, statute or regulation. ARTICLE 4. USE OF PROPERTY Section 4.1 Use and Operation. Notwithstanding anything contained in this Lease to the contrary, Tenant may use the Property for any lawful purpose, including without limitation the construction and operation thereon of the Project, subject to the requirements and limitation of the Regulatory Agreements. Tenant shall conduct its business on the Property at all times in a respectable, reputable and lawful manner. It is understood that subject to the limitations contained in this Lease, Tenant shall have control of the operation of the Property and Project, and the right of Landlord to receive Rent, including Additional Rent, shall not be deemed to give Landlord any interest, control or discretion in the operation of the Property and/or Project other than what is prescribed in the Disposition and Development Agreement. Section 4.2 Zoning and Use Permits. When Landlord's approval is necessary or appropriate to obtain any governmental approvals or permits for any use of the Property permitted under this Lease, such as a conditional use permit, variance, or rezoning of the F:1 DOC€JMENT1KB\BAL©W1N1GRNDLSE.V5 110599 6 Property; Landlord agrees to execute such documents, petitions, applications and authorizations as may be necessary or appropriate to obtain any such approvals or permits, provided, however, that any such approvals or permits shall be obtained at the sole cost an expense of Tenant, and Tenant agrees to protect and save Landlord and the property of Landlord, including the Property, free and harmless from any such cost and expense, provided Landlord is in compliance with the provisions hereof. Section 4.3 Approval of Plans Required. No structure or other improvement of any kind shall be erected or maintained on the Property, or any part thereof, unless Tenant has obtained all the approvals required from all governmental agencies having jurisdiction, and substantially in accordance with plants and specifications prepared by a licensed architect, engineer or contractor, provided that Tenant shall have the right to commence construction of the Project when it has obtained a grading permit or its equivalent from the City (the "Grading Permit "). Tenant acknowledges that a Grading Permit shall not issue until Tenant has received all discretionary approvals from agencies with jurisdiction over the Project, including but not limited to, a conditional use permit from the City. Section 4.4 only Lawful Uses Permitted. Tenant shall not use the Property or any part thereof in any manner that is in violation of any valid law, ordinance or regulation of any federal, state, county or local governmental agency, body or entity, provided however that nothing herein contained shall limit Tenant's right to contest any such law, ordinance or regulation and continue its use of the Property pending said contest so long as said continued use is permitted by law, ordinance or regulation during said contest. Furthermore, Tenant shall not maintain or commit any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Property and /or the Project or any part thereof. Section 4.5 Restrictions by Tenant. In connection with Tenant's development, use and operation of the Property and/or the Project, Tenant shall have the right, at any time and from time to Whe during the term of this Lease to enter into, deliver, record, and otherwise consent to or impose any covenants, conditions or restrictions, condominium plans, parcel maps, subdivision maps, and easements, including the Regulatory Agreements (all of such matters and actions are hereinafter collectively referred to as "Restrictions and Covenants ") applicable to and against Tenant's interest in the Property and /or the Project, or any part thereof, and the leasehold estate created hereby, and Landlord shall cooperate with Tenant and on written request of Tenant shall join with Tenant in executing such Restrictions and Covenants. Tenant shall not have the power or authority to impose Restrictions and Covenants on the fee estate of Landlord without Landlord's prior written consent, which shall be granted for any Regulatory Agreements, and for any other Restriction or Covenant, if such other Restriction and Covenant is required by any governmental entity having jurisdiction over the Property and/or Project in order for Tenant to improve the Property with the Project. Landlord acknowledges and agrees that operating the Project in accordance with the Regulatory Agreements and the F: \DOCUMENT\KB\BAL©W[NIGRN©LSE.V5 110599 7 requirements of Section 42 of the Internal Revenue Code and Section'23610.5 of the California Revenue and Taxation Code in order to provide low income housing tax credits to Tenant, will have a substantial adverse impact on the Cash Receipts, Net Spendable Cash Flow and Additional Rent payable hereunder, and Landlord specifically agrees and consents to Tenant's so operating the Project in accordance with the Regulatory Agreements and requirements for such tax credits. Section 4.6 Termination of Use Restrictions. Landlord agrees that, in addition to all the Lender protection provisions contained in Article 8 ( "Lender Protection ") of this Lease, any Lender and its successors and assigns, including but not limited to the Federal National Mortgage Association, making a Permanent Loan which is funded on or after Completion of Construction of the Project shall have the right to terminate the restrictions on the use of the Property provided for in the Disposition and Development Agreement and in Sections 4.1 ( "Use and Operation ") andfor4.5 ( "Restrictions by Tenant ") hereof in the event of an involuntary noncompliance with the provisions of either of said Sections caused by foreclosure of the Lien of such permanent loan, delivery of a deed in lieu of foreclosure or comparable conversion of such permanent loan, fire, seizure, requisition, change in a federal law, or an action of a federal agency, or condemnation or a similar event, but. only if (i) within a reasonable period thereafter the bonds ( "Bonds ") issued in connection with such Permanent Loan, in an aggregate principal amount equal to such Permanent Loan are paid in full and retired, and further that the restrictions of the Disposition and Development Agreement and in said Sections 4.1 ( "Use and Operation ") and/or 4.5 ( "Restrictions by Tenant ") shall be reinstated if, at any time subsequent to the termination of said restrictions as the result of the foreclosure of the lien of such Permanent Loan, the delivery of a deed in lieu of foreclosure or comparable conversion of such Permanent Loan, the Tenant or any related person (within the meaning of Section 1 -AD3- 10(e) of the Treasury Regulations) obtains an interest in the Property which constitutes an ownership interest for federal income tax purposes, or (ii) an opinion of bond counsel is delivered to the issuer of the Bonds to the effect that such termination will not adversely affect the exclusion from gross income for federal income tax purposes of the interest payable on the Bonds. ARTICLE 5. TAXES AND UTILITIES Section 5.1 Tenant to Pay Taxes. In addition to the Rent required to be paid under this Lease, Tenant shall pay, and Tenant hereby agrees to pay, any and all taxes (including possessory interest taxes, assessments, and other charges levied or assessed during the term of this Lease by any governmental agency or entity on or against said Property and Project (other than the interest of Landlord), or any other improvements or other property in or on the Property or Project owned by Tenant, except for any increase in real estate taxes or assessments on account of any transfer or change in ownership by Landlord of its fee title to the Property other than to Tenant. F: IDOCUMENTIKBIBALDWINIGRNDLSE_V5 110 599 8 _. { Section 5.2 Payment Before Delinquency. Unless Tenant contests the imposition of the tax or assessment, any and all taxes and assessments and installments of taxes and assessments required to be paid by Tenant under this Lease shall be paid by Tenant before each such tax, assessment or installment of tax or assessment becomes delinquent, and the official and original receipt for the payment of such tax, assessment or installment shall immediately be given to Landlord after receipt thereof by Tenant. Section 5.3 Taxes Payable in Installments. Should any tax or assessment be levied on or assessed against said Property and/or Project, or any part thereof, that may be either paid in full prior to delinquency or paid in installments over a period either within or extending beyond this Lease, Tenant shall have the option of paying such tax or assessment in installments. The fact the exercise of the option to pay the tax or assessment in installments will cause the Property and/or Project, or any part thereof, to be encumbered with bonds or will cause interest to accrue on the tax or assessment is immaterial and shall not interfere with the free exercise of the option by Tenant. Should Tenant exercise the option to pay any such tax or assessment in installments, Landlord shall cooperate with Tenant and on written request of Tenant execute or join with Tenant in executing any instruments required to permit any such tax or assessment to be paid in installments. Section 5.4 Contest of Tax. Tenant shall have the right to contest, oppose, or object to the amount or validity of any tax, assessment, or other charge levied on or assessed against said Property and/or Project, or any part of thereof; provided, however, that the contest, opposition or objection must be filed before the tax, assessment or other charge at which it is directed becomes delinquent, and written notice of the contest, opposition or objection must be given to Landlord at least fifteen (15) daysb6fore'the cute the tax, assessment or other charge becomes delinquent. Landlord shall, on written request of Tenant, join in any such contest, opposition or objection if Tenant determines such joinder is necessary or convenient for the proper prosecution of the proceedings but Landlord shall not be liable for any costs or expenses incurred or awarded in the proceeding. Tenant shall have the right to seek to abate real property taxes and assessments pursuant to the welfare exemption under Section 214 of the California Revenue and Taxation Code. Section 5.5 Tax Hold - Harmless Clause. Tenant shall indemnify and hold Landlord and the property of Landlord, including the Property and /or Project free and harmless from any liability, loss or damage resulting from any taxes, assessments or other charges required by this Article to be paid by Tenant and from all interests, penalties and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments or other charges. Section 5.6 Utilities. Tenant shall during the term of this Lease pay or cause to be paid, and hold Landlord and the property of Landlord, including said Property and the Project, free and harmless from, all charges for the furnishing of gas, water, electricity, I=: \DOCUMEN- RKB1BALDWIN1GRN©LSE.V5 110599 9 telephone service, and other public utilities to said Property and Project and forthe removal of garbage and rubbish from said Property and Project. Section 5.7 Payment by Landlord. Unless Tenant contests the imposition of the tax, assessment or other charge, should Tenant fail to pay within the time specified in this Article any taxes, assessments or other charges required by this Article to be paid by Tenant, Landlord may, upon sixty (60) days' prior written notice to Tenant, pay, discharge or adjust such tax, assessment or other charge for the benefit of Tenant unless Tenant has made said payment within said sixty (60) day period. In the event that Landlord makes such payment, Tenant shall promptly on written demand of Landlord reimburse Landlord for the full amount paid by Landlord in paying, discharging or adjusting such tax, assessment or other charge, together with interest thereon at the Prime Rate but not to exceed of ten percent (10 %) per annum from the date of payment by Landlord until the date of repayment by Tenant. Where no time within which any charge required by this Article to be paid by Tenant is specified in this Article, such charge must be paid by Tenant before it becomes delinquent. ARTICLE 6. CONSTRUCTION BY TENANT Section 6.1 Notice of Commencement of Construction. No work of any kind shall be commenced on and no building or other materials shall be delivered for the Project, nor shall any other building or land development work be commenced or building materials be delivered on or to the Property until at least five (5) days after written notice has been given by Tenant to Landlord of the commencement of such work or the delivery of such materials. This Section shall apply only to initial work or delivery of material and not to subsequent work or deliveries. Landlord shall, at any time and all times have the right to post and maintain on the Property and to record as required by law any notice or notices of nonresponsibility provided for by the mechanics' lien laws of the State of California. Section 6.2 Construction Obligation; Condition Precedent to Construction. Tenant shall enter into a construction contract with a licensed general gontractor ( "General Contractor") for construction of the Project in accordance with plans which have been approved by the City. Section 6.3 Condition Precedent to Construction. Before commencement of construction of the - Project, Tertant shall deliver to Landlord (i) a copy of the Grading Permit or its equivalent, (ii) evidence of builder's risk insurance in accordance with requirements of Section 14.6 ( "Required Insurance During Construction "), and (iii) evidence of proper worker's compensatiop.insurance as procured to cover all persons employed by Tenant and its agents in connection with the construction of the Project. Section 6.4 Compliance With Law and Quality. The Project shall be constructed, and all work performed on the Property and all buildings or other F: IDOCUMENTIKB1BALDWINIGRNDLSE.V5 110599 10 improvements erected on the Property shall be in accordance with all valid laws, ordinances, regulations and orders of all federal, state, county or local governmental agencies or entities having jurisdiction over the Property, including but not limited to the Americans With Disabilities Act (42 U.S.C. Section 12101, et seq.), the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3604(f)), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), and the rules and regulations promulgated thereunder. All work performed on the Property pursuant to this Lease, or authorized by this Lease, shall be done in a good workmanlike manner. Completion of construction of the Project ( "Completion of Construction ") shall be deemed to have occurred in full compliance with all valid laws, ordinances, regulations and orders when valid final certificates of occupancy, or their equivalent, have been issued by the governmental authority having jurisdiction for all structures or other improvements comprising the Project. , Section 6.5 Mechanics' Lien. Tenant hereby agrees to indemnify and save Landlord harmless from and against any loss, damage or liability arising out of any mechanics' liens for claims for labor or services, materials or supplies or equipment performed or furnished to the Property at the request of Tenant, its agents, contractors, subcontractors or assigns. Section 6.6 Ownership of the Project. Upon expiration or sooner termination of this Lease, all buildings and improvements located on the Property, including but not limited to the Project, shall belong to and become the property of Landlord, free from any rights, claims and liens of Tenant or any person, agency, political subdivision, firm or corporation claiming under Tenant, without any compensation therefor from Landlord to Tenant or to any other person, agency, political subdivision, firm or corporatlon, but subject to the rights of subtenants in possession. Upon the expiration or sooner termination of this Lease, except for a new lease under Section 8.7 ( "New Lease to Lender"), such building and improvements shall be surrendered to Landlord. Tenant shall also upon the expiration or sooner termination of this Lease surrender to Landlord such personal property owned by it used in the operation of the Project such as furniture, office equipment, maintenance equipment, pool furnishings, library and craft shop equipment, if any. Except as provided in the immediately preceding sentence, Tenant shall have the right to remove any computer equipment, files, books, records, office supplies and other personal property without any accounting to Landlord so long as removing any such property does not cause or result in any physical damage to the Project. ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE Section 7.1 Tenant's Right to Encumber Leasehold. Tenant, to obtain a Loan, or Loans, may mortgage, pledge, hypothecate or otherwise encumberto any person or entity by deed of trust or mortgage or other security instrument all or any portion of Tenant's right, title and interest under this Lease and the leasehold estate hereby created. F:t DOCKJMENi1KBIBALDWINIGRNDLSE.V5 110599 11 i ARTICLE 8. LENDER PROTECTION Section 8.1 Notice to and Service on Lender. Landlord shall mail to Lender, should Tenant incur any Lien pursuant to Article 7 ( "Encumbrance of Leasehold Estate "), a duplicate copy of any and all notices Landlord may from time to time give to or serve on Tenant pursuant to or relating to this Lease. Tenant shall at all times keep Landlord informed in writing of the name and mailing address of Lender and any changes in Lender's mailing address. Any notices or other communications permitted by this or any other Section of this Lease or by law to be served on or given to Lender by Landlord shall be deemed duly served on or given to Lender by deposit in the United States mail, certified, return receipt requested or by overnight courier, return receipt, addressed to Lender at the last mailing address for Lender furnished in writing to Landlord by Tenant or Lender. The date of notice shall be the date marked on the return receipt. Section 8.2 No Modification of Lease or Termination of Lease Without Lender's Consent. Should Tenant obtain any Loan secured by a Lien as permitted in Article 7 ( "Encumbrance of Leasehold Estate"), Tenant and Landlord hereby expressly stipulate and agree that they will not modify this Lease in any way nor cancel or terminate this Lease by mutual agreement norwill Tenant surrender its interest in this Lease without the written consent of each Lender. Section 8.3 Rights of Lender. Should Tenantobtain any Loan secured by any Lien pursuant to Article 7 ("Encumbrance of Leasehold Estate "), the Lender shall have the right, without further consent of Landlord, at any time during the term of this Lease to: 8.3.1 Do any act or thing required of Tenant under this Lease, and any such act or thing done and performed by Lender shall be as effective to prevent a forfeiture or loss of Tenant's rights under this Lease as if done by Tenant himself; 8.3.2 Transfer, convey or assign the right, title and interest of Tenant in and to the leasehold estate created by this Lease to any purchaser at any foreclosure sale, whether the foreclosure is conducted pursuant to court order or pursuant to a power of sale contained in a Lien, provided, however, that subject to the terms of Section 4.6 hereof, any foreclosure purchaser shall agree to be bound by those certain affordability covenants and restrictions set forth in the Disposition and Development Agreement; and 8.3.3 Acquire and succeed to the right, title and interest of Tenant under this Lease by virtue of any foreclosure proceeding, whether the foreclosure is conducted pursuant .to a court order or pursuant to a power of sale contained in a Lien, or by virtue of transfer in lieu of foreclosure ( "Foreclosure ") and, following such Foreclosure, transfer, convey or assign the right, title and interest of Tenant in and to the leasehold estate granted by this Lease to any third party. F: \DOCUMEN- RKB\BALDWINIGRNDLSE.V5 110599 12 Section 8.4 Right of Lender to Cure Defaults. Should Tenant obtain any Loan secured by any Lien pursuantto Article 7 ( "Encumbrance of Leasehold Estate "), then before Landlord may terminate this Lease because of any default under or breach of this Lease by Tenant, Landlord must give (i) written notice of the default or breach (the "Initial Default Notice ") and (ii) written notice of the failure of the Tenant to cure the default or breach (the "Second Default Notice ") to Lender concurrently with the transmittal of such notices to Tenant and afford the Lender the opportunity to: 8.4.1 Cure the breach or default (including the payment of all accrued and delinquent Rent) at any time prior to the sixtieth (60th) day after service on Lender of the Second Default Notice where the default can be cured by the payment of money to Landlord or some other person, provided Lender shall not be required to pay delinquent Additional Rent unless Lender has collected Net Spendable Cash Plow for the period in question; 8.4.2 Cure the breach or default within one hundred twenty (120) days after service on Lender of the Second Default Notice where the breach or default must be cured by something otherthan the payment of money and can reasonably be cured within that time; or 8.4.3 Cure the breach or default in such reasonable time as may be required where something other than the payment of money is required to cure the breach or default and cannot be reasonably cured within one hundred twenty (120) days after service on Lender of the Second Default Notice, provided that acts to cure the breach or default are commenced within that time period after service of the Second Default Notice on Lender by Landlord and are thereafter diligently continued by Lender. If in order to complete the cure of the default or breach Lender requires access to the Property and Project the foregoing cure period shall not commence until Lender obtains possession of the property, provided that the Lender diligently seeks to obtain such possession by a forecl6sure action or otherwise and diligently pursues such action all within the time periods set forth in Section 8.5 ("Foreclosure in Lieu of Curing Default "). If Lender completes the cure of the default or breach in a timely and proper manner, Landlord shall accept the cure as fulfilling the terms of this Lease. Section 8.5 Foreclosure in Lieu of Curing Default. Notwithstanding any other provision of this Lease, a Lender may forestall termination of this Lease by Landlord for a default under or breach of this Lease by Tenant by commencing proceedings to foreclose its Lien. The proceedings (the "Proceedings ") so commenced may be for foreclosure of the Lien by order of court or for foreclosure of the Lien under a power of sale contained in the instrument creating the Lien. The proceedings shall not, however, forestall termination of this Lease by Landlord for the default or breach by Tenant unless: F:tDOC UM EN T1KBiBALD W I N\G RN DLS E. V 5 11 0599 13 8.5.1 They are commenced within one hundred twenty (120) days after service on Lender of the Second Default Notice; 8.5.2 They are, after having been commenced, diligently pursued; and 8.5.3 Lender keeps and performs all of the terms, covenants and conditions of this Lease (including the payment of Rent, including past due Rent, underthis Lease) requiring the payment or expenditure of money by Tenant accruing after commencement of the Proceedings until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, payment or conveyance of the leasehold estate to Lender, provided Lender shall not be required to pay past due Additional Rent unless Lender has collected Net Spendable Cash Flow for the period in question. Section 8.6 Assignment Without Consent on Foreclosure. Provided that a Lender gives written notice of transfer to Landlord setting forth the name and address of the transferee as well as the effective date of the transfer, the written consent of Landlord shall not be required for transfer after Completion of Construction of the Project of Tenant's right, title and interest under this Lease to: 8.6.1 Any purchaser, which includes the Lender, at a foreclosure sale of a Lien, whether the foreclosure is conducted pursuant to court order or pursuant to a power of sale in the instrument creating the Lien, provided, however, that the subsequent purchaser agrees to execute an agreement containing the same covenants, conditions, and provisions as those in the Disposition and Development Agreement unless the purchaser is a Lender, in which event the provisions of Section 4.6 hereof shall apply and in the event that Section 4.6 does not apply, then the provisions of Section 8.6.2(i), (ii) and (iii) hereof shall apply; or 8.6.2 A purchaser from Lender after foreclosure where Lender was the purchaser of Tenant's interest at the foreclosure sale of the Lien, or acquired Tenant's interest by transfer in lieu of foreclosure. The purchase from the Lender shall be subject to all the terms and conditions of this Lease except that the purchasers shall be able to assign this Lease without the approval or consent of Landlord regardless of the date of the assignment. The Lender, the purchaser at a foreclosure sale, or the purchaser from the Lender shall be subject to all the terms and conditions of this Lease and the Disposition and Development Agreement except that (i) the time for performance of any unperformed acts required by Article 6 ( "Construction by Tenant ") of this Lease-shall be extended for that period equal to the delay in performance of the act caused by Tenant's inability or failure to perform the act and the time required to transfer the Lease to the purchaser at a foreclosure sale and/or to the purchaser from Lender, (ii) the performance of any acts required by Article 6 ( "Construction by Tenant") of this Lease that have already been performed shall be excused, and (iii) any Lender shall be able to absolutely assign or transfer this Lease regardless of the date of the assignment and any purchaser, assignee I": 1DOCUMENTIKBIBALDWINIGRNDLSE.V5 11 0599 14 or transferee of this Lease from any lender shall be able to assign this Lease without the approval or consent of Landlord regardless of the date of the assignment. Section 8.7 New Lease to Lender. Notwithstanding any other provision of this Lease, should this Lease terminate because of any default which cannot be cured by Lender, including without limitation, the insolvency or bankruptcy of Tenant or should this Lease terminate for any reason Landlord shall, within thirty (30) days after the request set forth in Subsection 8.7.1 ( "New Lease to Lender") below is received, execute and deliver a new Lease for said Property and Project to the Lender, provided: 8.7.1 A written request for the new Lease is served on Landlord by Lender within sixty (60) days after service on Lender of notice that the Lease has terminated and Landlord agrees to give Lender notice of such termination. 8.7.2 The new Lease (i) is for a term ending on the same date the term of this Lease would have ended had not this Lease been terminated, and (ii) contains the same covenants, conditions and provisions"as are contained in this Lease, except that the Lender shall be able to absolutely assign or transfer the new Lease regardless of the date of the assignment and any purchaser, assignee or transferee of the Lease from Lender shall be able to assign or transfer the Lease without the approval or consent of Landlord regardless of the date of the assignment. 8.7.3 The Lender executes an Agreement with Landlord containing the same covenants, conditions and provisions as those in the Disposition and Development Agreement subject to the terms of Section 4.6 hereof, and if Section 4.6 does not apply, then the provisions of 8.6.2(1 ), (ii) and (iii) shall apply. 8.7.4 After termination of the Lease but prior to the expiration of the period within which Lender has to request and receive a new Lease, Landlord shall not terminate any existing subleases or enter into any new subleases for the Property or Project and Landlord shall account to Lender for all subtenant rents during such period. 8:7.5 The new Lease shall be subject to all existing subleases under which each such sublessee is not in default and shall be assignable by Lender without further approval or consent by Landlord provided the conditions of this Section are satisfied. 8.7.6 The new Lease sFfall: a. Extend the time for performance of any unperformed acts required by Article 6 ( "Construction by Tenant ") of this Lease for such period as is equal to the delay in performance of the act caused by Tenant's inability or failure to perform the act and the time required to terminate this Lease, execute a new Lease to Lender and Lender's timely assignment of such new Lease; and E:IDOCUM ENTiKB1BALD WIN1G RNDLSE.V5 110599 15 b. Excuse the performance of any act required by Article 6 ( "Construction by Tenant ") of this Lease that has already been performed but Lender, and Lender's assignee as Tenant under the new Lease, shall be liable for payment of all costs and expenses incurred in the performance of any act required by Article 6 ( "Construction by Tenant ") of this Lease, whether performed before or after execution of the new Lease, which is claimed as a lien against said Property and/or Project. 8.7.7 The new Lease and any Lien shall have the same priority as the original Lease and any Lien on the original Lease, and any intervening liens on Landlord's fee interest shall not have any priority over the new Lease or any Lender's Lien thereon. 8.7.8 Lender, on execution of the new Lease, shall pay to Landlord all of Landlord's reasonable costs and expenses, including reasonable attorney's fees and court costs incurred in terminating this Lease, recovering possession of the Property and Project from Tenant and preparing the new Lease. Section 8.8 No Merger of Leasehold and Fee Estates. There shall, during the existence of any Lien, be no merger of the leasehold estate created by this Lease and the Fee without the consent of each Lender merely because both estates have been acquired or become vested in the same person or entity. Section 8.9 Lender as Assignee of Lease. No Lender shall be liable to perform the obligations of the Tenant under this Lease unless and until such time as Lender becomes the owner of the leasehold estate created hereby and acquires the right, title and interest of Tenant under this Lease through foreclosure, transfer in lieu of foreclosure, assignment or otherwise, and thereafter such Lender shall remain liable only so long as such Lender remains as the owner of the leasehold estate. Section 8.10 Lender as Including Subsequent Security Holders. The term "Lender" as used in this Lease shall mean not only the person, persons or entity that loaned money to Tenant and is named as beneficiary, Mortgagee, secured party orsecurity holder in the instrument creating any Lien incurred by Tenant pursuant to Section 7.1 ( "Tenant's Right to Encumber Leasehold ") of this Lease, but also all subsequent assignees and holders of the instrument and interest secured by such instrument. Section 8.11 Estoppel Certificates. Landlord shall provide to any Lender, on written request, an estoppel certificate pursuant to the provisions of Section 15.15 ( "Estoppel Certificate ") certifying to such matters as status of Rent payments, satisfaction of conditions, and defaults, if any. Section 8.12 Superiority of Ground Lease. This Lease, any replacements thereof, and any subleases or subtenancies, shall be at all times superior to any lien or encumbrance on Landlord's fee title interest in the Property or the Project. F: 1DOCUMENTIKBIBALDWINIGRNDLSE.V5 110599 16 Section 8.13 Amendments. Landlord and Tenant shall cooperate in including in this Lease by suitable amendment from time to time any provision which may reasonably be requested by any Lender or proposed Lender for the purpose of implementing the mortgagee- protection provisions contained in this Article and allowing such Lender reasonable means to protect or preserve its Lien on the occurrence of a default under the terms of this Lease; provided, however, that such amendment shall not have a material adverse effect on Landlord's rights or obligations under this Lease. Landlord and Tenant each agree to execute and deliver (and to acknowledge, if necessary, for recording purposes) any agreement necessary to effect any such amendment. Section 8.14 Restriction on Landlord's Right to Encumber the Fee. Landlord shall not mortgage, hypothecate, pledge or encumber its interest in the Property or any part thereof without the prior written consent of the then outstanding Lenders, or any successors thereof, having provided a loan unless there is an express subordination of the new encumbrance of Landlord's interest in the Property to this Lease which subordination shall be in a form acceptable to said Lender or successor thereof having provided the loan. Section 8.15 Restriction on Subordination of Tenant's Interest. Any subordination or attempted subordination by Tenant to any mortgage, deed of trust, encumbrance or other security interest on Landlord's interest in the Property or any part thereof shall be void ad initio and shall have no force or effect unless first agreed to in writing by all outstanding Lenders or successors thereof having provided a loan. The restriction set forth in this Section 8.15 shall only apply to outstanding Lenders `that have provided a Loan or Loans for which the majority of -the proceeds were used for the construction, development, maintenance, or operation of the Project or to .repay any of such loans or to refinance any of said Loans. Section 8.16 Lender's Nominee. Any right of Lender under this Lease may be exercised by a nominee of Lender. Section 8.17 Multiple Lenders. Where there is a right herein to be exercised by a Lender and there exists more than one Lender the right may exercise in the order of priority of each Lender's Lien. ARTICLE 9. REPAIRS AND RESTORATION Section 9.1 No Obligation of Landlord. Landlord shall not be required or obligated to make any changes, alterations, additions, improvements or repairs in, on, or about the Property, the Project or any part thereof. Section 9.2 Maintenance by Tenant. It is the intention of the parties that the Project shall at all times be maintained in a good condition, and that Tenant shall keep and maintain the Property and the Project in such condition free from rubbish and debris, F:\DOCUMEN-nKB\BALDWiN\GRNDLSE.V5 1 % . ­In reasonable wear and tear excepted, and shall repair all damage resulting from use, including willful action (whether proper or improper) or negligence, by Tenant or any persons permitted to be on the Property by or with the consent of Tenant, express or implied, except Landlord, or resulting from Tenants failure to observe or perform any covenant of Tenant under this Lease. Tenant's obligation pursuant to this Section shall not alter Tenant's right to raze, alter, or make improvements to the Property as set forth in Article 2.2 ( "Possession "). Section 9.3 Compliance with Applicable Law. Tenant shall promptly comply with the requirements of every applicable law, including but not limited to the Americans With Disabilities Act (42 U.S.C. SectionI2'101, et seq.), the Fair Housing Amendments Act of 1988 (42 U.S.C. Section 3604(f)), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794), and the rules and regulations promulgated thereunder, with respect to the condition, maintenance, use or occupation of the Property, including the malting of any alteration or addition in and to any structure upon, connected with, or appurtenant to the Property, whether or not such alteration be structural, or be required on account of any particular use to which the Property, or any part thereof, may be or is now put, and whether or not such law be of kind now within the contemplation of the parties hereto; and shall likewise comply with an applicable regulation or order of the applicable Board of Fire Underwriters or other body having similar functions, or of any liability or fire insurance company by which Tenant may be insured. Provided, however, Tenant shall have the right to contest, oppose, or object to the application of any such laws or regulations, and Landlord shall, if required by law to bring such contest, opposition or objection, at no cost to Landlord, join in same at Tenant's request. Provided, further, notwithstanding anything to the contrary, to the extent that compliance with this Section 9.3 ( "Compliance' with Applicable Law ") requires the remediation of conditions, construction of improvements or any expenditure of monies where the benefit of such expenditure cannot be amortized over the remaining term of this Lease, the Tenant may either terminate this Lease or, with the approval of Landlord, continue the Lease with the cost of such expenditure allocated between Landlord and Tenant based upon the reasonable amortization of the expenditure and the remaining term of this Lease: The preceding sentence shall not apply in the event that the underlying cause of the required remediation of conditions, construction of improvements, orexpenditures of monies isthe negligence orwillful misconduct of Tenant, its principals, shareholders, agents, contractors, employees, or representatives. Section 9.4 Damage or Destruction. Except for any improvements presently located on the Property, should, at any time during the term of this Lease, any buildings or improvements hereafter located on the Property be destroyed in whole or in part by fire, theft, the elements, or any other cause (collectively hereinafter referred to as a "Casualty "), this Lease shall continue in full force and effect; provided, however, that Tenant, subject to the rights of any Lender, shall have the option of terminating this Lease on the last calendar day of any month by giving Landlord at least thirty (30) days' prior written notice of Tenant's intent to do so and by removing, within one hundred eighty (180) days of the F.- \DOCUMEN-IKBIBALDWINIGRNDLSE.V5 110599 18 Casualty, at Tenant's own cost and expense, all debris and remains of the damaged improvements from the Property, where: 9.4.1 Any buildings or improvements hereafter located on the Property are so damaged or destroyed by a Casualty during the last fifteen (15) years of the term of this Lease that such buildings or improvements cannot be repaired and restored at a cost which is less than fifty percent (50 %) of the cost to replace all of the buildings and improvements located on the Property if totally destroyed; or 9.4.2 Any building or improvements hereafter located on the Property are so damaged or destroyed by a Casualty during the last ten (10) years of the term of this Lease that such buildings or improvements cannot be repaired and restored at a cost which is less than twenty five percent (25 %) of the cost to replace all of the buildings and improvements located on the Property if totally destroyed; or 9.43 Any buildings or improvements hereafter located on the Property are damaged or destroyed by a Casualty at any time during the term of this Lease and insurance proceeds available to Tenant from the insurance required in Section 10.5 ( "Casualty Insurance ") are not sufficient to cover one hundred percent (100 %) of the cost to repair and restore such damaged or destroyed buildings or improvements. Section 9.5 Application of Insurance Proceeds. Except as hereinafter provided in this Section 9.5 ( "Application of Insurance Proceeds "), and subject to;the rights of any Lender (which rights shall have priority over any contrary rights in this Lease) all' insurance proceeds paid to Tenant hereof on account of any damage or destruction, less the actual cost, fees and expenses, if any, incurred in connection with the adjustment of the loss (which costs, fees or expenses shall be reimbursed to the party incurring such expenses) shall be applied to the payment of the cost of the restoration or repairs of such damage or destruction. Such work may include the cost of demolition and temporary repairs and forthe protection of property pending the completion of permanent restoration, repairs, replacements, rebuilding, oralterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement, rebuilding or operations are hereinafter collectively referred to as the "Restoration"). Such proceeds shall be paid out from time -to -time to Tenant or in accordance with its directions, as such Restoration progresses upon the written approval of Landlord and the written request of Tenant. Notwithstanding the foregoing, the approval of Landlord to any disbursement of insurance proceeds to Tenant shall not be required at any time that such insurance proceeds are being held and distributed by any Lender for the purpose of such Restoration; provided, however, that such Lender shall disburse such funds during the course of such Restoration as necessary to make progress payments under the terms of any construction contract for such work and based upon its review and approval of work completed and vouchers and invoices from contractors and subcontractors performing such work, receipt of lien releases, and adherence to other procedures customary in the disbursement of construction loan proceeds during the course of construction. Upon the receipt by Landlord F: IDOCUMEN- nK81SALDWINIGRNDLSE.V5 110599 19 of satisfactory evidence that the Restoration has been fully completed and paid for in full and that there are no liens of the character referred to in Section 6.5 ( "Mechanic's Lien ") hereof, and there is no default under the terms, conditions, covenants and agreements of this Lease which can not be cured by the payment of money or any default hereunder which has become an event of default, any balance of the insurance proceeds at the time held by an insurance trustee or Lender shall be paid to Tenant. Notwithstanding anything contained in this Lease to the contrary, however, should Tenant exercise the option given Tenant by Section 9.4 ( "Damage or Destruction ") of this Lease to terminate this Lease because of damage'to or destruction of buildings or improvements on the Property, then, in that event, any and all fire or other insurance proceeds that become payable because of such damage or destruction shall be applied in the following priority: 9.5.1 first, toward the payment of the unpaid obligations secured by any Liens in the order of the respective priorities of said Liens, including any prepayment penalties or premiums assess or imposed for prepayment; 9.5.2 second, toward the removal of all debris. and remains of the damaged improvements from the Property; and 9.5.3 third, the balance of the proceeds, if any, shall be allocated between Tenant and Landlord according to the following formula: Tenant shall receive that portion of such balance which is equal to the balance of the proceeds multiplied by a fraction, the numerator of which is the number of years or fraction thereof remaining in the term of this Lease and the denominator of which is fifty - seven (57) and Landlord shall receive all of the proceeds remaining after the payment to Tenant provided for in this Subsection 9.5.3 ( "Application of Insurance Proceeds "). Section 9.6 Continuing Obligation to Pay Rent. Except for Tenant's right to terminate this Lease as provided in Section 9.4 ( "Damage or Destruction "), no destruction of, or damage to the structures or any part thereof by fire or any other cause shall permit Tenant to terminate this Lease nor r=elieve Tenant from its obligations to pay the full Rent payable under this Lease or from any of its other obligations under this Lease. Tenant waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrenderthis Lease orthe Property or any suspension, diminution, abatement or reduction of Rent on account of any such destruction or damage. ARTICLE 90. INDEMNITY AND INSURANCE Section 10.7 Indemnity Agreement. Except for willful misconduct and/or negligence of Landlord or its authorized agents, Tenant shall indemnify and hold Landlord and the property of Landlord, including the Property and the Project, free and harmless from any and all liability, claims, loss, damages, judgments, penalties, cause of actions, or FADOCUM N71KB1BALDWENIGRNDLSE.V5 110599 20 costs or expenses (including reasonable attomeys' fees and court costs) imposed upon or incurred by or asserted against Landlord by reason of: 10.1.1 Any accident, injury to or death of persons or loss of or damage to property occurring on or about the Property or the Project, or any part thereof, or the adjoining sidewalks, curbs, streets or ways over which Tenant has control, unless such accident, injury, loss or damage results from the failure to perform a duty of due care by Landlord (it being agreed that Landlord has no duty or obligation under this Lease with respect to the Property or the Project); 10.1.2 The condition of the Property or Project, or any part thereof, including the improvements, or of any street, curb or sidewalk adjoining the Property or Project over which Tenant has control, or of any passageways or spaces therein or appurtenant thereto; or Tenant's failure to keep and maintain the Property or the Project, including improvements, in good and sanitary order, condition and repairas required under this Lease; 10.1.3 Any act or omission of Tenant or its agents, contractors, employees, sublessees or invitees or any failure on the part of Tenant or any of its agents, contractors, employees, sublessees, or invitees to exercise clue care or to perform or comply with any of the provisions of this Lease and of any contracts and agreements to which Tenant or any of its agents, contractors, employees or sublessees is a party and of any laws affecting the Property or the Project, including improvements, or any part thereof; 10.1.4 Performance of any labor or services or the furnishing of any materials or other matters by or on behalf of Tenant in respect of the Property or the Project, or any part thereof, including improvements; and 10.1.5 Management of the Property or Project, including improvements, or any work or act whatsoever done on or about the Property or the Project by or on behalf of Tenant. Section 10.2 Exculpation of Landlord. Excepting injury and property damage proximately caused by Landlord's negligence or willful misconduct, Landlord shall not be liable to Tenant or to any agent, contractor, employee, invitee or sublessee of Tenant or to any member of the public for any loss, injury or damage to any person or property, regardless of the case. Without limiting the generality of the foregoing Landlord shall not be liable to Tenant or to any agent, contractor, employee, invitee or sublessee or to any member of the public: 1021 for any damage to person or property occasioned by the bursting or leaking of any water, gas or steam pipe, oil or other pipes, plumbing or sewerage, or by the overflowing of any tank or closet, or other damage occasioned by water, oil or sewerage or other fluid flowing below, in, above, upon or about the Property or the Project, F: IDOCUMEN- RKBIBALDWINIGRNDLSE.V5 11€}599 21 or coming through any skylight, window, wall or trapdoor, or otherwise, whether as the result of storms or accident or otherwise; 10.2.2 for any damages arising from the leakage or discharge of electric current in or upon the Property or the Project or resulting from defective wiring, defective work in the installation of electric wires, electrical apparatus or equipment or other damages arising from the use of electricity upon the Property or the Project, or any improvement situated thereon, either for lighting or for any other purpose, whether such use shall be'by Tenant or any other occupant of said building, or otherwise, nor, 10.2.3 for any damages arising from any act or neglect of sublessees of the Property or the Project under subleases with Tenant, or occupants thereof authorized by Tenant. In case any action, suit or proceeding (collectively "Suit ") is brought against Landlord by reason of any occurrence described in Section 10.1 ( "Indemnity Agreement ") or in Section 10.2 ( "Exculpation of Landlord "), Tenant, upon Landlord's written request, will resist and defend such Suit, or cause the same to be resisted and defended by counsel designated by Tenant and approved by Landlord unless such Suit arose out of the willful misconduct and/or negligence of Landlord or its authorized agents, in which event Tenant shall have no such duty or obligation. Section 10.3 Obligation to Indemnify Other Party. If either party is made a party defendant to any litigation concerning this Lease or the Property or the Project, orthe occupancy thereof by the wrongful action of the other, then the wrongful party shall indemnify and hold harmless the other party from all liability by reason of said litigation, including reasonable attorneys' fees and expenses incurred by said other party in any such litigation whether or not any such litigation is prosecuted to judgment. Section 10.4 Liability Insurance. Tenant shall secure promptly and maintain during the entire term of this Lease the following insurance for the mutual benefit of Landlord and Tenant: 10.4.1 a broad form comprehensive coverage policy of public liability insurance on an "occurrence basis" (as primary and not secondary coverage) insuring both Tenant and Landlord against claims for personal injury, death or property damage caused by or connected with Tenant's occupation and use of the Property and the Project under this Lease which insurance policy or policies (including umbrella coverage of any) shall afford protection to the limit of at least Five Million Dollars ($5,000,000) with respect to any one accident. Tenant agrees that such limits referred to in this Section shall be increased from time to time as commercially reasonably requested by Landlord in writing, and provided such increased limits are then being written on other comparable property. Said insurance shall name Landlord as additional insured and shall be primary and not secondary coverage. Such insurance shall include liability for bodily injury or property damage arising out of the use, by or on behalf of Tenant, or any other person or organization, of any owned, non- owned, leased or hired automotive equipment in the F: tDOCUMENTIKBIBALDWINIGRNDLSE_V5 110599 22 conduct of any and all operations called for under this Lease. If appropriate by reason of the uses to which the Property or the Project shall be put,.such insurance shall also include coverage against garage liability, garage keepers liability, products liability, innkeepers liability, and liquor liability; 10.4.2 Rental income and/or business interruption insurance against loss of Tenant's income from the Project due to the risk covered by the insurance referred to -in Section 10.5 ( "Casualty Insurance ") in amounts sufficient to cover (i) the Base Rent payable hereunder and (ii) Tenant's fixed Cash Expenditures for a period of six (6) months from the date of any casualty insured against. Section 10.5 Casualty Insurance. Tenant shall keep the Property and the Project insured following Completion of Construction forthe mutual benefit of Landlord and Tenant as named insureds, against loss or damage by fire and lightning and against loss or damage by other risks embraced by coverage now known as the broad form of extended coverage, including but not limited to, riot and civil commotion, vandalism and malicious mischief, insurance against loss or damage from explosion of boilers, generators, transformers, heating apparatus and airconditioning systems, and against such other risks or hazards (excluding earthquake unless, in the reasonable judgment of Tenant, earthquake insurance is available on commercially reasonable terms) as may then customarily be insured against in structures and uses as encompassed under the Project and for which other risks or hazardous, insurance coverage is commercially available at a commercially reasonable cost. Such insurance shall be in amounts sufficient to prevent Landlord or Tenant from becoming co- insurers under the terms of the applicable policies but in any event not less than full replacement cost of the structures (exclusive the cost of excavations, foundations and footings) without deduction for physical depreciation Viand with not more than $50,000 deductible from the loss payable for any casualty or such lesser deductible amount as Tenant shall require). The policies of insurance carried in accordance with this Section shall contain the "Replacement Cost Endorsement ". Such full replacement cost shall be determined from time to time, upon the written request of Landlord, by written agreement of Landlord and Tenant. If Landlord and Tenant cannot agree upon such replacement costs, such replacement costs shall be determined by one of the insurers, or at the option of Landlord, by an appraiser, architect or contractor who shall be mutually and reasonably acceptable to Landlord and Tenant. A copy of any such determination shall promptly be sent to Landlord upon receipt thereof by Tenant and subject to approval by Landlord, the insurance maintained pursuant to this Section shall. . be adjusted to the new full replacement costs. Section 10.6 Required Insurance During Construction. During the period of construction of the Project, Tenant shall maintain, at its own cost and expense, with casualty insurance companies of recognized responsibility commensurate with the risks being underwritten and authorized to do business in the State of California, builder's risk insurance in so- called non - reporting form upon the improvements under construction in F:IDOCUMENTIKSIBALD WINIGRNDLSE.V5 11 0599 23 such amount and with such coverage as required by the Lender making the loan financing the construction of the Project. Section 10.7 Insurance Terms. Tenant shall procure policies for such insurance for periods of from one (1) to three (3) years, as Tenant shall elect and shall deliver to Landlord certified copies of such policy or policies, or certificates thereof with evidence of the payment of the premiums therefore on or before the commencement of the term of this Lease, and shall procure and deliver evidence of renewals thereof from time to time at least thirty (30) days before the expiration ortermination of any similar policy then existing. If Tenant fails to deliver evidence of such renewals as provided in the last preceding sentence, Landlord shall give Tenant written notice of such failure and if within thirty (30) days of such notice Tenant fails to deliver evidence of such renewals, Landlord may procure any such insurance for such periods as Landlord shall elect, and Tenant shall, on demand, reimburse Landlord for all reasonable costs for such insurance. Tenant shall attempt to require that each such policy shall provide that no interest of Tenant shall be subject to cancellation or termination except upon not less than thirty (30) days' prior written notice to Landlord. Tenant, without cost to Landlord, agrees to name Landlord and any Lender as a party insured on all insurance policies carried by Tenant on the Property or Project. All policies shall be issued by companies of recognized responsibility, reasonably acceptable to Landlord authorized to transact business in California. Each such policy or certificate therefore issued by the insurer shall, to the extent obtainable, contain a provision that no act or omission of Tenant which would otherwise result in forfeiture or a reduction of the insurance therein provided shall affect or limit the obligation of the insurance company to pay the amount of the loss sustained. Section 10.8 Other Insurance; Waiver of Rights. If insurance is carried by either party with respect to the Property or the Project, and such insurance is not required by this Article, such insurance shall include provisions which either designate the other party as one of the insured or deny to the insurer acquisition by subrogation of rights of recovery against the other party priorto the occurrence of loss or injury. Each party hereby waives all rights of recovery against•the other for loss of injury of a type against which the waiving party is protected. Section 10.9 Adjustment. Subject to the terms of any Lien, all policies of insurance provided for in this Article shall provide for loss hereunder (i) to be adjusted by and payable to Tenant with respect to any particular casualty resulting in damage or destruction not exceeding One Hundred Thousand Dollars ($100,000) in the aggregate or (ii) with respect to any particular casualty resulting in damage or destruction exceeding One Hundred Thousand Dollars ($100,000) in the aggregate, to be adjusted jointly by Landlord and Tenant and payable to a mutually acceptable trustee. Such proceeds shall be disbursed by such trustee to Tenant to be used to repair such damage or destruction in the manner set forth in Section 9.4 ( "Damage or Destruction ") hereof. Landlord hereby agrees that any Lender shall be an acceptable trustee for the purpose of receiving and disbursing insurance proceeds for the purposes provided in this Lease. F: IDOCUMENT1KB\BALDWIN\GRNDLSE.V5 110599 24 Section 10.10 Lender Requirements. In the eventthatany Lendershall require more extensive insurance coverage than that provided above, then such requirements shall supersede the requirements hereinabove provided for. Section 10.11 Environmental Indemnity. 10.11.1 Tenant hereby agrees to indemnify, hold harmless and defend Landlord from and against any and all liabilities, claims, penalties, liens, claims of liens, forfeitures, suits, costs and expenses of any type or nature (including, without limitation, costs of the defense and settlement and attorneys' fees), which Landlord may hereafter incur, become responsible for or pay out as a result of (i) death or injury to any person, (ii) destruction or damage to any property, (iii) contamination of or adverse effect on the environment or (iv) any violation of governmental laws, regulations or orders, caused directly or indirectly by, or due in whole or in part to, the release or threatened release of Hazardous Materials which were, or are claimed or alleged to have been deposited, stored, disposed of, placed or otherwise located or allowed to be located on, above, beneath or about the Property or the Project by Tenant or its agents, representatives, contractors, tenants, invitees and tenants' invitees, employees subsequent to the Commencement Date except for those deposited, stored, disposed of, placed, or otherwise located or allowed to be located by Landlord after the Commencement Date. 10.11.2 Landlord hereby agrees to indemnify, hold harmless and defend Tenant from and against any and all liabilities, claims, penalties, liens, claims of liens, forfeitures, suits, costs and expenses of any type or nature (including, without limitation, costs of defense and settlement and attorneys' fees), which Tenant may hereafter incur, become responsible for or pay out as a result of (i) death or injury to any person, (ii) destruction or damage to any property, (iii) contamination of or adverse effect on the environment or (iv) any violation of governmental laws, regulations or orders, caused directly or indirectly by, or due in whole or in part to, the presence of, or the release or threatened release of Hazardous Materials which were, or are claimed or alleged to have been deposited, stored, disposed of; placed or otherwise located on, above, beneath or about the Property or the Project by Landlord or its agents or employees. ARTICLE 11. CONDEMNATION Section 11.1 Definitions. As used in this Article: 11.1.1 "Condemnation" means (i) the taking or damaging, including severance damage, by eminent domain or by inverse condemnation or for-any public or quasi- public use under any statute, whether by legal proceedings or otherwise, by a condemnor (hereinafter defined), and (ii) voluntary sale or transfer to a Condemnor, either under threat of Condemnation or while Condemnation legal proceedings are pending. F: IDOCUMEMf1KBIBALDWINIGRNDLSE.V5 11 0599 25 11.1.2 "Date of Taking" means the later of (i) the date actual physical possession is taken by the Condemnor or (ii) the date on which the right to compensation and damages accrues under the laws of the State of California. 11.1.3 "Award" means all compensation, damages, interest, sums or anything of value awarded, paid or received for a Total Taking, a Substantial Taking or a Partial Taking, whether pursuant to judgment or by agreement or otherwise. 11.1.4 "Condemnor" means any public or quasi- public authority or private corporation or individual having the power of Condemnation excluding, however, Landlord or any successor of Landlord, or any entity acting on behalf of Landlord or any successor of Landlord. Landlord agrees not to exercise any power of Condemnation, or any equivalent thereof against the Property or the Project, or any part thereof during the term of this Lease. 11.1.5 "Taking" means a Total Taking, Substantial Taking or Partial Taking. 11.1.6 "Total Taking" means the taking by Condemnation of the fee title to all the Property and all the improvements thereon, including, but not limited to, the Project. 11.1.7 "Substantial Taking" means the taking by Condemnation of so much of the Property or improvements located thereon, including, but not limited to, the Project, or both that one or more of the following conditions results: a. The remainder of the Property and /or improvements located thereon, including, but not limited to, the Project, would not be economically and feasibly usable by Tenant; and /or b. A reasonable amount of reconstruction would not make the Property and improvements, including, but not limited to, the Project, a practical improvement and reasonably suited for the uses and purposes for which the Property is leased hereunder. 11.1.8 "Partial Taking" means any taking that is not either a Total Taking or a Substantial Taking. 11.1.9 "Notice of Intended Condemnation" means any notice or notification on which a reasonably prudent person would rely and which such person would interpret as expressing an existing intention of Condemnation as distinguished from a mere preliminary inquiry or proposal. It includes but is not limited to service of a Condemnation summons and complaint on a party hereto. The notice is considered to have been received F.* kDOCUMEN'RKBIBALDWINIGRNDLSE_V5 110599 2� when a party receives from the. Condemnor a Notice of Intended Condemnation, in writing, containing a description or map reasonably defining the extent of the Condemnation. Section 11.2 Notice and Representation. 11.2.1 The party receiving a notice of one or more of the kinds specified below shall promptly notify the other party of the receipt, contents and dates of such notice. a. Notice of Intended Condemnation. b. Service of any legal process relating to Condemnation of the Property or any improvements located thereon, including, but not limited to, the Project. C. Notice in connection with any proceedings or negotiations with respect to such a Condemnation. d. Notice of intent or willingness to make or negotiate a private purchase, sale or transfer in lieu of Condemnation. 11.2.2 Landlord, Tenant and each Lender shall each have the right to represent its respective interest in each Condemnation proceeding or negotiation and to make full proof of its claims. No agreement, settlement, sale or transfer to or with the Condemnor shall be made without the consent of Landlord, Tenant. and the Lender secured by a Lien prior in right to any other Lien (the "First Lender"). Landlord, Tenant and First Lender shall each execute and deliver to the other any instruments that may be required to effectuate or facilitate the provisions of this Lease relating to Condemnation. Section 11.3 Total or Substantial Taking.. 11.3.1 On a Total Taking, this Lease shall terminate on the Date of Taking. 11.3.2 If a Taking is a Substantial Taking, Tenant may, by notice to Landlord given within sixty (80) days after Tenant receives a Notice of Intended Condemnation, elect to treat the Taking as a Substantial Taking. If Tenant does not so notify Landlord, the Taking shall be deemed a Partial Taking. A Substantial Taking shall be treated as a Total Taking if (i) Tenant delivers possession of the Property to Landlord within one hundred eighty (180) days after determination that the Taking was a Substantial Taking, and (ii) Tenant is not in material default under the Lease and has substantially complied with all Lease provisions conceming apportionment of the Award. If said conditions are not satisfied, the Taking shall be treated as a Partial Taking. 11.3.3 Tenant may continue to occupy the Property and improvements thereon, including, but not limited to, the Project, until the Condemnor takes physical F:IDOCUMEN- RKB%BALD WINIGRNDLSE.V5 110599 27 possession of the part of the property subject to the Condemnation. At any time following Notice of Intended Condemnation, Tenant may elect to deliver possession of the part of the property subject to the Condemnation to Landlord before the actual Taking. The election of Tenant shall be made by Tenant's delivering written notice to Landlord declaring the election to deliver possession priorto the Taking and agreeing to pay all Rents required under this Lease to the date of said delivery of possession. Tenant's right to apportionment of or compensation of the Award shall then accrue as of the date that the Tenant delivers possession of said property to Landlord. 11.3.4 Subject to the rights of Lenders, on a Total Taking the Award, including damages and interest, awarded for the fee or leasehold or both shall be deposited promptly with a title insurance company reasonably acceptable to Landlord and Tenant (the "Title Company "), or such other independent third party as Landlord and Tenant may agree, as escrow agent and shall be distributed and disbursed in the following order of priority: a. First, the balance due, including, but not limited to, any prepayment penalty or premium due thereunder for early payment, under any Loan secured by a Lien to which the fee interest of Landlord in the Property and/or the Project has not been encumbered. b. Second, the amount assessed, awarded, paid or incurred to remove or relocate subtenants, plus any amount awarded to Tenant for detriment or loss of business. C. Third, to Landlord and Tenant, respectively, and pro -rata, any expenses or disbursements reasonably paid or incurred by or on behalf of Landlord or Tenant for or in connection with the Condemnation proceedings. d. Fourth, to Tenant, the present value as of the first to occur of the Date of Taking, or the date Tenant delivers possession to Landlord of the Property taken, of the remaining term of Tenant's interest in this Lease. e. Fifth, to Landlord the balance of the Award. Section 11.4 Partial Taking. 11.4.1 On a Partial Taking, this Lease shall remain in frill force and effect for the remainder of the Property and the Project on the same. terms and conditions contained herein. 11 A.2 Promptly after a Partial Taking, at Tenant's expense to the extent of Tenant's Award and in the manner specified in provisions of this Lease relating to maintenance, repairs and alterations, Tenant shall repair, alter, modify or reconstruct the F:\DOCUMENT\KBIBALDWIN\GRNOLSE.V5 1 113599 28 Project ( "Restore ") so as to make it reasonably suitable for Tenant's continued occupancy for the uses and purposes for which the Property is leased. If Tenant within sixty (60) days after the determination of Tenant's share of the Award does not notify Landlord that it will Restore the Project, the cost to Restore shall be deducted from Tenant's share of the Award and paid to the Lenders in the order of their priority and otherwise to Landlord, provided however that: (i) if any subtenant is. entitled to any compensation by reason of the Taking, then such amount shall first be deducted from the Award and paid to the subtenant and (ii) Tenant shall be entitled to any portion of the Award awarded for the detriment to or the loss of business caused by the Taking. 11.4.3 Subject to the rights of Lenders on a Partial Taking, the Award shall be deposited in the manner provided in Section 11.3.4 ( "Total or Substantial Taking ") hereof and distributed and disbursed in the following order of priority: a. First, the amounts due, if any, under any Loan secured by a Lien to which the fee interest of Landlord in the Property and/or the Project has not been encumbered_ b. Second, to Tenant, the cost of restoring the Project, plus any amount assessed, awarded, paid or incurred to remove or relocate subtenants, plus any amount awarded for detriment or loss of business. c. Third, to Landlord and Tenant, respectively and pro -rata, any expenses or disbursements reasonably and necessarily incurred or paid by or on behalf of Landlord or Tenant for or in connection with the Condemnation proceedings. d. Fourth, to Tenant, the balance of the Award. Section 11.5 Limited Takings. 11.5.1 On any Taking for a temporary use of all or any part or parts of the Property or the Project, or both for a period, or of any estate less than a fee, ending on or before the normal expiration date of the term of this Lease, neither the term nor the Rents shall be reduced or affected in any way and Tenant shall be entitled to any Award for the use or estate taken. If a result of the Taking is to necessitate expenditures for changes, repairs, alterations, modifications or reconstruction of the Project to make it economically viable and a practical whole, Tenant shall receive, hold and disburse the Award in trust for such work. At the completion of the work and the discharge of the Property and Project from all liens and claims, Tenant shall.be entitled to any surplus and shall be liable for any deficit. If any such Taking is for a period extending beyond the expiration date of the term of this Lease, the Taking shall be treated under the foregoing provisions for Total, Substantial and Partial Takings. F.IDOCUMEN- RKBIBALDW €NIGRNDLSE.V5 110599 29 Section 11.6 Partial Taking During Final Years of Lease Term. Tenant, at its option, may be relieved of the obligation to Restore if a Partial Taking occurs during the final twenty five (25) years of the term of this Lease if the work of restoration would cost more than twenty five percent (25 %) of the then replacement value of the Project and Tenant complies with all of the following conditions: 11.6.1 Within sixty (60) days after Tenant's share of the Award is determined in accordance with Sections 11.7 ( "Allocation of Award of Tenant's Section 11.6 Election ") and 11.4 ( "Partial Taking "), Tenant gives Landlord notice of its election not to Restore; 11 .6.2 Tenant is not in material default under any provision of this Lease; 11.6.3 Tenant continues to pay all Rents and any other payments when due as required under this Lease, provided that the requirement of this Subsection 11.6.3 ( "Partial Taking During Final Years of Lease Term ") shall be waived, if and when Tenant delivers possession pursuant to this Article. 11.6.4 Tenant delivers possession of the Property and Projectto Landlord. 11.6.5 Tenant shall receive the present value of the remaining years of Tenant's leasehold interest on that portion of the Property and the Project, and, Landlord shall receive the balance of the Award. 11.7 Allocation of Award of Tenant's Section 11.6 Election. If Tenant elects to be relieved of the obligation to Restore as provided in Section 11.6 ( "Partial Taking During Final Years of Lease Term "), then the Award shall be treated in the same manner as if a Total,Taking had occurred. ARTICLE 12. ASSIGNMENT AND SUBLEASING Section 12.1 Tenant's Right to Assign Lease Without Landlord's Consent or Approval. Provided Tenant is not in material default hereunder, Tenant, and its successors and assigns, shall have the right at any time after Completion of Construction to assign this Lease, any right or interest in this Lease, and any right or interest in said Property or the Project without the approval or consent of Landlord, provided that: 12.1.1 the assignee furnishes Landlord with a written and fully executed and acknowledged assignment and assumption agreement, in form and substance reasonably satisfactory to Landlord and its attorneys, in which the assignee agrees to comply with and perform all the obligations of Tenant under this Lease and the Disposition and Development Agreement accruing after the assignment; F: IDOCUMEN-RKBIBALDWINIGRNDLSE.V5 110599 . 30 12.1.2 the term of any assignment shall not extend beyond the term of this Lease; and 12.1.3 all assignments shall be subject to. the terms, covenants and conditions of this Lease. Section 12.2 Lease Termination Upon Assignment. In the event that this Lease is assigned pursuant to Section 12.1 („Tenant's Fight to Assign Without Landlord's Consent or Approval "), the assigning Tenant shall be released from all obligations contained in this Lease except forthose which by the specific wording of this Lease survive such assignment. Section 12.E Tenant's Right to Sublease. Tenant, and its successors and assigns, shall have the right to sublease all or any portion of said Property or the Project, or transfer any portion of Tenant's interest therein whether by easement, right of way, permit, franchise, license or otherwise, at any time after the Completion of Construction, provided, however, nothing herein contained shall limit Tenant's right to lease or sublease apartment units located in the Project or enter into laundry leases, cable television agreements or other electronic information delivery services without the landlord's approval, without Landlord's approval or consent. Section 12.4 Assignment, Sublease, or Transfer Prior to Completion of Improvements. 12.4.1 The qualifications and identity of Tenant and its principals are of particular concern to the Landlord. It is because of those qualifications and identity that the Landlord has entered into this Lease with the Tenant. No voluntary successor in interest of Tenant shall acquire any rights or powers underthis Lease, except as expressly set forth herein or in Article 8 hereof. 12.4.2 Priorto the Completion of Construction, the Tenant shall not assign all or any part of this Lease without prior written approval of the Landlord except as security- for any Loan and except as provided in Article 8 hereof. Assignment in violation of this Section 12.4.2 without prior written approval of Landlord will be a default of this Lease. If Tenant seeks to assign this Lease in violation of this Section 12.4.2, Tenant shall promptly notify the Landlord in writing the nature and of the proposed assignees thereof. Landlord will have the option to approve any such assignment and Landlord will not unreasonably withhold such approval. 12.4.3 The restrictions of this Section 12.4 shall terminate upon the Completion of Construction. 12.4.4 Prior to the Completion of Construction, the Tenant shall not, except as security for any Loan and except as provided in Article 8 hereof and except as F: IDOCUMENTIKB1BALDWINIGRNDLSE.V5 110599 31 otherwise permitted by this Lease, make any total or partial safe, transfer, conveyance, or sublease the whole or any part of the Project, the Property or the buildings or structures on any parcel in the Project, without the prior written approval of the Landlord which shall not be unreasonably withheld. This prohibition shall not be deemed to prevent the granting of temporary easements or permits to facilitate the construction of the Project. 12.4.5 Except as expressly hereinafter provided, any such proposed transferee, assignee, or sublessee, for which the Landlord consent is required hereunder, shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by Landlord, to fulfill the obligations undertaken in this Lease by Tenant. Any such proposed transferee, sublessee, or assignee, for whose consent Landlord approval is needed, by instrument in writing satisfactory to Landlord and in recordable form for itself, its successors and assigns, and for the benefit of Landlord shall expressly assume all of the obligations of Tenant underthis Lease and the Disposition and Development Agreement and agree to be subject to all the conditions of Tenant under this Lease and agree to be subject to all the conditions and restrictions to which Tenant is subject. There shall be submitted to Landlord for review, all instruments and other legal documents proposed to effect any such transfer, sublease or assignment, and if approved by Landlord, its approval shall be indicated to Tenant in writing. 12.4.6 1 n the absence of a specific written Lease by the Landlord, no such transfer, assignment or approval by the Landlord shall be deemed to relieve the Tenant or any other party from any obligations under this Lease until Completion of Construction and sale of the Project. 12.4.7 Notwithstanding anything contained herein to the contrary, Tenant shall have the right, and the limited partner of Tenant shall have the right to assign limited partnership interests in Tenant to a limited partnership of which an Affiliate of KBMH is a general partner. ARTICLE 13. intentionally Omitted ARTICLE 14. DEFAULT AND TERMINATION Section' 4.1 Abandonment. by Tenant. Should Tenant abandon the Property for sixty (60) consecutive business days prior to the expiration of the term of this Lease, such action shall constitute a default under this Lease by Tenant. Section 14.2 Termination for Breach by Tenant. All covenants and agreements contained in this Lease as obligations of Tenant are declared to be conditions to this Lease and of Tenant's rights hereunder. Should Tenant fail to cure any default or breach of this Lease by it sixty (60) days after receipt of written notice of the, default where the default can be cured by the payment of money to Landlord or some person, or within F-. \DOCUMENT1KBtBALDWINIGRNDLSE.V5 110599 32 one hundred eighty (180) days after receipt of written notice of default where the default must be cured otherthan the'payment of money and can be cured within said one hundred eighty (180) days, or within such reasonable time as may be required to cure the default which default' cannot be cured by payment of money or cannot be performed within one hundred eighty (180) days, so long as Tenant diligently pursues the cure, then Landlord shall, in addition to any other remedies available to Landlord at law or in equity, have the immediate option to terminate this Lease and all rights attendant hereunder by giving written notice of such intention to terminate to Tenant. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant: 14.2.1 The worth at the time of the award of any unpaid Rent which had been earned at the time of such termination; plus 14.2.2 The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been'reasonably avoided; plus 14.2.3 The worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental lass that Tenant proves could be reasonably avoided; plus 14.2.4 Any other amount necessary to compensate Landlord for all the detriment proximately caused by Tenant's failure to perform its obligations underthis Lease for which in the ordinary course of things would be likely to result therefrom; plus 14.2.5 Such other amounts in addition to or in lieu of the foregoing which may be permitted from time to time by applicable California law. As used in Subsections 14.2.1 and 14.2.2 ( "Termination for Breach by Tenant ") above, the "worth at the time of award" is computed by allowing interest at a rate equal to the Prime Rate, not to exceed the maximum fate permitted by law. As used in Subsection 14.2.3 ('Termination for Breach by Tenant ") above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award, plus one percent. Section 14.3 Landlord's Right of Reentry. In the event of any such default and failure to cure by Tenant, Landlord shall also have the right, with or without terminating this Lease, to reenter the Property and the Project, and subject to the rights of occupancy of subtenants, to remove all persons and property from the Property and-the Project. (Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant.) Section 14.4 Landlord's Right to Relet the property. In the event of the abandonment by Tenant as provided in Section 14.1 ( "Abandonment by Tenant "), or in the F:IDOCUM EN- RK81BALDWINIGRNDLSE.V5 110599 33 event that Landlord shall elect to reenter as provided in Section 14.3 ( "Landlord's Right of Reentry") hereof, or shall take possession of the Property and the Project pursuant to legal proceedings or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Section 14.3 ( "Landlord's Right of Reentry"), then Landlord may from time to time, without terminating this Lease, either recover all Rent as it becomes due or, subjectto the terms and provisions of the Regulatory Agreements, relet the Property or the Project, or any part thereof, for such term or terms and at such rental or rentals and upon such other terms and conditions as Landlord in its sole discretion may deem advisable with the right to make alterations and repairs to the Property or the Project. In the event that Landlord shall elect to so relet, then rentals received by Landlord by such reletting shall be applied: first, to the paymentof any indebtedness otherthan Rent due hereunder from Tenant to Landlord; second, to the payment of any cost of such reletting; third, to the payment of the cost of any alterations and repairs to the Property or the Project; fourth, to the payment of Rent due and unpaid hereunder, and the residue, if any, shall be held by Landlord and applied in payment to future Rent as the same may become due and payable hereunder. Should the amount of Rent received from such reletting during any month which is applied to the payment of Rent hereunder be less than that agreed to be paid during the month by Tenant hereunder, then Tenant shall pay such deficiency to Landlord immediately upon demand therefor by Landlord. Such deficiency shall be calculated and paid monthly. Tenant shall also pay the Landlord, as soon as ascertained, any costs and expenses incurred by Landlord on such reletting or in making such alterations or repairs not covered by the rentals received from such reletting. Section 14.5 No Automatic Termination. No reentry or taking possession of the Property or the Project by Landlord pursuant to Sections 14.3 ( "Landlord`s Right of Reentry") or 14.4 ( "Landlord's Right to Relet the Property") shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination therefor is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default and failure to cure by Tenant, Landlord Pnay at any time after such reletting elect to terminate this Lease for any such default if Tenant has failed to cure such default within the grace periods provided for in Section 14.2 ('Termination for Breach by Tenant'). Section 14.6 Holding Over. Any holding over by Tenant after termination shall not constitute a renewal or extension of this Lease or give Tenant any rights in or to the Property or the Project. Upon the expiration of this Lease, or sooner termination hereof pursuant to the terms hereof, Tenant shall promptly vacate and sunender the Property or Project to Landlord subject to subtenants in possession and leave the Property and the Project in the condition required in Section 14.9 ( "Surrender of Property and Project"). Section 14.7 Landlord's Rights of Self- Help. In the event that the Tenant shall default in the performance of any of the agreements, conditions, covenants or terms herein contained, which event of default remains uncured after the expiration of the grace periods F: 1DOCUMEN- nKB%BAL©WIN1GRNaLSE.V5 110599 34 provided for in Section 94.2 ('Termination for Breach by Tenant'), the Landlord may immediately, or at anytime thereafter, perform the same for the account of the Tenant, and any amount paid, or any expense or liability incurred, by the Landlord in the performance of the same shall be repaid to Landlord, as additional rent, payable by the Tenant within ninety (90) days after demand hereunder together with interest from the date the cost or expense is incurred at an amount equal to the Prime Rate but not to exceed the maximum rate permitted by law; and the Landlord shall have the right to enter (by force or otherwise) the Property or the Project for the purpose of correcting or remedying such default and to remain therein until the same shall have been corrected or remedied. No performance by Landlord of any of the obligations on Tenants part to be performed hereunder shall be or be deemed to be a waiver of the Tenant's default in or failure to perform the same nor shall the performance thereof by Landlord release or relieve Tenant from any obligations on its part to be performed under this Lease. Section 14.8 Waiver of Breach. The waiver by Landlord of any breach by Tenant of any of the provisions of this Lease shall not constitute a continuing waiver or waiver of any subsequent breach by Tenant either of the same or different provision of this Lease. The receipt by Landlord of Rent payable under this Lease, with knowledge of any breach of this Lease by Tenant or of any default on the part of Tenant in the observance or performance of any of the conditions or covenants of this Lease, shall not be deemed to be a waiver of any provisions of this Lease. Section 14.9 Surrender of Property and Project. On expiration or sooner termination of this Lease, Tenant shall surrender the Property and the Project and all facilities in any way appertaining to the Property or the Project, to Landlord in as good and clean condition as practicable, reasonable wear and tear excepted and subject to the provisions of Article 9 ( "Repairs and Restoration "). ARTICLE 15. MISCELLANEOUS Section 15.1 No Joint Venture. Neither the obligation to pay Rent hereunder nor the manner herein prescribed for the computation of the amount of such Rent shall constitute Landlord and Tenant as partners, joint venturers, or tenants in' common, nor require Landlord to participate in any costs, liabilities, expenses or losses of Tenant. Section 15.2 Force Majeure - Delays. Except as otherwise expressly provided in this Lease, should the- performance of any act required by this Lease to be performed by either Landlord or Tenant be prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, or moratorium on building, construction or planning approvals, or any other cause, except financial inability, not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of F: IDOCUMENTIKB1BALDW1N1GRN©LSE.V5 110599 35 delay will be excused; provided, however, that nothing contained in this Section shall excuse the prompt payment of Rent by Tenant when due and payable under the terms of this Lease, or the performance of any act rendered difficult or impossible solely because of the financial condition of the party, Landlord or Tenant, required to perform the act, or the delivery of possession of the Property by Landlord to Tenant as required by this Lease. Section 15.3 Attorneys` Fees. In the event of any action or proceeding by any party hereto for breach or to enforce the provisions of this Lease, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and costs as the court may determine. For the purpose of this Lease, the terms "attorneys' fees" or "attorneys' fees and costs" shall mean the fees and expenses of counsel to the parties hereto, which may include printing, duplicating and other expenses, airfreight charges, and fees billed for law clerks, paralegals, librarians and others not admitted to the bar but performing services under the supervision of an attorney. The terms "attorneys' fees" or "attorneys' fees and costs" shall: (i) also include, without limitation, all such fees and expenses incurred with respect to appeals, arbitrations and bankruptcy proceedings, and whether or not any action or proceeding is brought with respect to the matter for which said fees and expenses were incurred. Section 15.4 Notices. All notices, requests and demands given underthe terms of this Lease shall be in writing and may be effected by personal delivery, including by any commercial courier or overnight delivery service, or by United States registered or certified mail, return receipt requested, with all postage and fees fully prepaid. Notices shall be effective upon receipt by the party being given notice, as indicated by the return receiptlif mailed; except that if a party has relocated without providing the other party with its new address for service of notices, or if a party refuses delivery of a notice upon its tender; the notice shall be effective upon the attempt to serve the notice at the last address given for service of notices upon that party. Alternatively, notices may be served by facsimile transmission, in which case service shall be deemed effective only upon receipt by the party serving the notice of telephonic or return facsimile transmission confirmation that the party to whom the notice is directed has received a complete and legible copy of the notice. Notices shall be addressed at the addresses shown under the respective parties signatures to this Lease. The address(es) for service of notice on any party may be changed by that party serving a notice upon the other of the new address, except that any change of address to a post office box shall not be effective unless a street address is also specified for use in effectuating personal service. Section 15.5 Goveming Law. This Lease, and all matters relating to this Lease, shall be governed by the laws of the State of California in force at the time any need for interpretation of this Lease or any decision or holding concerning this Lease arises. The parties acknowledge that each party has been represented by independent counsel in connection with this Lease and that the preparation of this Lease has been a joint effort of both parties. Accordingly, any doctrine which would result in this Lease being interpreted in favor of or against any particular party shall not be applicable. F:1 DOCUMENT\KB%BAL€7WINlGRNDLSE.V5 110599 36 Section 15.6 Binding on Heirs and Successors. This Lease, and the terms, covenants and conditions hereof, shall be binding on and shall inure to the benefit of the heirs, executors, administrator, successors and assigns of the parties hereto, Landlord and Tenant, but nothing in this Section shall be construed as a consent or approval by Landlord to any assignment of this Lease or any interest therein by Tenant except as provided in Articles 7 ( "Encumbrance of Leasehold Estate "), 8 ( "Lender Protection ") and 12 ( "Assignment and Subleasing ") of this Lease. Section 15.7 Partial Invalidity. Should any provision of this Lease be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this Lease shall remain in full force and effect unimpaired by the holding. Section 15.8 Sole and Only Agreement; Amendment. This instrument constitutes the sole and only agreement between Landlord and Tenant respecting said Property and the Project, the leasing of the Property to Tenant, the construction of the Project and the Lease terms herein specified, and correctly sets forth the obligations of Landlord and Tenant to each other as of its date, and supersedes any and all prior agreements or understandings whether written or oral. Any agreements or representations respecting the Property or the Project, their leasing to Tenant by Landlord, or any other matter discussed in this Lease not expressly set forth in this instrument are mall and void, any and all amendments or modifications of this Lease shall be in writing and shall be dated and signed by the parties hereto and shall be subject to the provisions of Section 8.2 ( "No Modification of Lease or Termination of Lease Without Lender's Consent"} hereof. Section 15.9 Time of Essence. Time is expressly declared to be the essence of this Lease. Section 15.10 Memorandum of Lease for Recording. Neither party, Landlord or Tenant, shall record this Lease without the written consent of the other. However, Landlord shall, at the request of Tenant, at any time during the term of this Lease, execute a memorandum or "short form" of this Lease for purposes of, and in a form suitable for, being recorded in the official records of Los Angeles County, California. In the event that there are any reasonable costs to. Landlord for such recordation, Landlord shall be compensated by Tenant. The memorandum of "shortform" of this Lease shall describe the parties, Landlord and Tenant, set forth a description of the Property, specify the term of this Lease, and shall incorporate this Lease by reference. The form of such Memorandum of Lease approved by the parties hereto is attached as Exhibit C hereto and incorporated by reference herein. Section 15.11 Gender, Single and Plural, Joint and Several. Whenever the context herein so requires, the masculine gender includes the feminine or neuter and the singular includes the plural. All obligations of the parties hereto, Landlord and Tenant, and their heirs, executors, administrator, successors and assigns, shall be joint and several. F:NDOCUMENTIKBIBALDW (NIGRNDLSE.V5 110599 37 Section 15.12 Signs. Tenant and the Lenders will be entitled to place on the Property such advertising signs as any of them deem necessary or advantageous to their respective interests, provided that all 'such signs shall comply with all applicable laws and ordinances for the development and marketing of the Property. Section 15.13 Reasonable Consent. Wherever in this Lease, Landlord or Tenant is entitled to give its approval or consent, the same shall not be unreasonably withheld, except as otherwise expressly provided herein. Section 15.14 Quiet Possession. Tenant, upon payment of the Rent herein and upon observing and performing all the obligations to be performed by Tenant hereunder, shall and may peaceably and quietly have, hold and enjoy the Property and the Project, and the whole thereof, for the full term of this Lease, without hindrance or interruption by Landlord or any ether person or persons lawfully claiming by, through, or under Landlord, except as herein expressly provided. Section 15.15 Estoppel Certificate. A party hereto ( "Certifying Party ") shall at any time upon no less than thirty (30) days' prior written notice from the other party ( "Requesting Party ") execute, acknowledge and deliver to the Requesting Party a statement in writing (i) certifying that this Lease is unmodified and in full force, or, if modified, stating the nature of such modifications and certifying that this Lease, as so modified, is in full force and the date to which the Rent and other charges are paid in advance, if any, (ii) acknowledging that there are not, to the knowledge of the Certifying Party, any uncured defaults on the part of the Requesting Party hereunder, or specifying such defaults if any are claimed, and (iii) any other matters related to the status of this Lease as may be required by a Lender, prospective assignee, subtenantorpurchaser. Any such statement may be conclusively relied upon by any prospective assignee, subtenant; purchaser or Lender of the interest of the Requesting Party. A Certifying Party`s failure to deliver such statement within such time shall be conclusive upon the Certifying Party (i) that this Lease is in full force, without modification except as may be represented by the Requesting Party, (ii) that there are no uncured defaults in the Requesting Party`s performance, and (iii) that not more than one month's Rent has been paid in advance. Section 15.16 Representations and Warranties of Tenant and Landlord. Landlord and Tenant each hereby represents and warrants to the other that each has the full power and authority to enter into this Lease and that by entering into this Lease, it will not be in violation of any agreement, order, judgment, law, rule or regulation that applies to it. Section 15.17 Attornment. In the event that Tenant defaults under this Lease and fails to cure said default within the grace period provided for in Section 14.2 ( "Termination for Breach by Tenant "), Landlord may notify all subtenants of the default and said subtenants shall attorn to Landlord and perform all of Tenant's obligations under the Lease. As to each subtenant not in default at the time of notice, Landlord shall continue F: 1DOCUMENT1KBIBALDWtN1GRNDLSE.V5 110599 38 to recognize the estate of each such subtenant. The sublease shall continue with the same force and effect as if Landlord and subtenant had entered into a lease with the same provisions as in the sublease. Section 15.18 Limit of Tenant's Liability..., Notwithstanding anything to the contrary contained in this Lease, neither Tenant nor any partner nor Affiliate thereof shall have any personal liability under the terms of this Lease and Landlord agrees for itself and its successors and assigns to look solely to the Property, and after construction of the Project, to the Property and the Project for the satisfaction of any loss, damage or liability incurred by it caused by Tenant's default including but not limited to the payment of any Rents due under this Lease. Section 15.19 Limit of Landlord's Liability. The term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners at the time in question of the fee of the Property and in the event of any transfer or transfers of the title to such fee Landlord herein named (and in case of any subsequent transfers or conveyances the then grantor) shall be automatically freed and relieved from and after the date of such transfer or conveyance from all obligations on the part of Landlord contained in this Lease to be performed thereafter, provided that any prepaid rent or trust funds in the hands of such Landlord or the then grantor at the time of such transfer, shall be transferred to the grantee or transferee, who shall expressly assume, subject to the limitations of this Section, all of the terms, covenants and conditions in this Lease contained on the part of Landlord thereafter to be performed, it being intended by this Section that the covenants and obligations contained in this Lease on the part of Landlord shall, subject to the provisions of this Section 15.19, be binding on Landlord, its successors and assigns; Only during and in respect of their respective successive periods of ownership, provided that no transfer or conveyance shall relieve any assignor, grantor, transferor, or conveyancer of any liability accruing during the time that such party was the Landlord. Section 15.20 Sections. The references to Articles and Sections in this Lease shall mean the Articles and Sections of this Lease unless expressly stated to the contrary. The titles and headings of Articles and Sections of this Lease are intended for convenience only and shall not in any way affect the meaning or construction of any provision of this Lease. Section 15.21 Incorporation of Preamble and Exhibits. The preamble and exhibits hereto are hereby incorporated into this Agreement and made a part hereof. F: IDOCUMEN- RKBIBALDWINIGRNDLSE.V5 110599 39 y EXECUTED. by the parties hereto as of this day of .199 LANDLORD: Baldwin Park Redevelopment Agency By:� Narne: Title: Address: Baldwin Park Redevelopment Agency City Hall 14403 East Pacific Avenue Baldwin Park, California 91706 TENANT: (to be designated by KBMH) By: Name: Title: Address: 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa With copy to: Kaufman and Broad Multi- Housing Group, Inc. 320 Golden Shore Drive, Suite 200 - Long Beach, California 90802 -4217 Attn: Michael A. Costa F: IDOCUMENTIKBIBALDWINIGRNDLSE.V5 110599 40 Exhibits A. Legal Description B. Preliminary Title Report C. Form of Memorandum of Lease F:\DOC U M ENI'\KB1BALDW1N\GRN DLSE.VS 110599 41 o� EXHIBIT A DESCRIPTION OF PROPERTY That certain real property in the City of Baldwin Paris, County of Los Angeles, State of California described as follows: [See legal description attached hereto and incorporated by reference herein] F: IDOCUMEN1-IKB\BALDWINIGRNDLSE.V5 1 10599 42 EXHIBIT A LEGAL DESCRIPTION The Property is located in the City of Baldwin Park, California and is described as follows: Parcel 900 and 905 an the former Maine Street right of way, plus parcel 905, 904, 903, 902, and 21. (Final Legal description to Follow on 11123199) _f EXHIBIT B PRELIMINARY REPORT F: tDOCUMENT1KB\BALDWIN\GRNDLSE.V5 110599 43 [EXHIBIT C TO GROUND LEASE] Recording Requested By: When Recorded Mail To: MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE is made as of the day of 19 , by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (to be designated by KBMH) (herein called "Tenant "). 1. Landlord and Tenant have entered into that certain Ground Lease, dated 19 (herein called the "Lease "), by which Landlord agreed to lease to Tenant and Tenant agreed to lease from Landlord on the terms and conditions stated in the Lease, the land and premises (the "Property ") located in the City of Baldwin Park, County of Los Angeles, State of California, described in Exhibit A attached hereto and incorporated herein by reference. 2. The Lease provides for a term commencing on ,19 , and ending fifty -seven (57) years thereafter, unless sooner terminated as provided in the Lease. 3. The Lease provides that Tenant may use the Property during the term of the Lease for any lawful purpose, including construction and operation of an apartment project subject to the terms of that certain Disposition and Development Agreement entered into with respect to the Property by Landlord and Tenant. 4. The Lease is incorporated herein by reference and made a part hereof. 5. This Memorandum of Ground Lease is not intended to and does not modify, alter or amend any of the terms or conditions of the Lease, but rather serves as a written memorandum thereof for purposes of recordation. F :1DOCUMENT\KB%BALDWEMGRNDLSE.V5 110599 44 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Ground Lease.as of the day, month and year first written hereinabove. ►D Baldwin Park Redevelopment Agency By: Name: Title: T Address: XXX TENANT: (to be designated by KBMH) By: Name: Title: Address: 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 4217 Attn: Michael A. Costa. With copy to: Kaufman and Broad Multi- Housing Group, Inc. 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa F: 1DOCUMENTIKBIBALDWINIGRNDLSE.V5 110599 45 F STATE OF ) ) ss COUNTY OF ) On this day of 19 , before me, the undersigned, a notary public in and for said state, 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. Signature: STATE OF ) ss COUNTY OF (Seal) On this day of 19 , before me, the undersigned, a notary public in and for said state, 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 helshe /they executed the same in his /her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: F: 1DOGUMENTIKB IBAE.DWIN\GRNDLSE.V5 11 0599 46 (Seal) AGREEMENT FOR PAYMENT IN LIEU OF TAXES THIS AGREEMENT FOR PAYMENT IN LIEU OF TAXES ( "Agreement ") is entered into by and between THE REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK ( "Agency ") and Baldwin Park Senior Apartments, i_.P_, a California limited partnership ( "Developer "): A. This Agreement is made in connection with that certain Disposition and Development Agreement (DDA) between the Agency and Developer for the disposition of certain real property ( "Project Site ") in the City of Baldwin Park ( "City "), County of Los Angeles, State of California, more particularly described in Exhibit A attached hereto, and development thereof by Developer as a residential apartment complex having a minimum of 50 apartment units ( "Project "). B. Developer anticipates owning and operating the Project for low income housing purposes, and to qualify for an exemption of the Project from ad valorem real property taxes pursuant to Section 214(8) of the California Revenue and Taxation Code (the "Property Tax Exemption "). C. The parties desire to mitigate the loss of real property taxes by reason of the Property Tax Exemption, as provided herein. NOW, THEREFORE, in consideration of the premises, the parties hereto agree as follows: 1. Developer agrees to pay the following amount (the "Payment ") on an annual basis to the City and the Agency, which Payment is in lieu of the amount each would have otherwise received as its authorized share of ad valorem real property taxes which would have been levied against the Project, but for the Property Tax Exemption: To the City: ' $5,000.00 2. The Payment shall be made within 120 days from the date on which the final installment of real property taxes would be delinquent for the fiscal year of the real property tax assessment otherwise applicable to the Project. The Payment shall be increased annually by an. amount of up to 2% of the prior year's Payment, to the extent of the annual percentage increase in real property taxes which would otherwise be applicable to the Project. The obligation herein for the Payment shall commence upon completion of construction of the Project and shall apply only so long as and for such period that Developer is owner of the Project and qualifies for and obtains the Property Tax Exemption. The Payment shall be prorated accordingly in the event the Property Tax Exemption is only applicable for a partial year, or in the event the Property Tax Exemption is not applicable to the entire Project and all apartment units therein. CAWINDOwstTEMPTItoT. Doc 110599 IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement as of the date set forth hereinbelow. DATE: ATTEST: A AGENCY SECRETARY APPROVED AS TO FORM: in AGENCY COUNSEL REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK EXECUTIVE DIRECTOR BALDWIN PARK SENIOR APARTMENTS, L.P. a California limited partnership By: Affordable Multi - Family, Inc. - General Partner By= _ Name: Its: CAWINDOWSITEMPIPILOT.DOC 110599 2 EXHIBIT A (PROJECT SITE) The real property in the City of Baldwin Park, County of Los Angeles, State of California, described as follows: [See legal description attached hereto and made a part thereof] CAWINDOWSITEMPIPILOT. DOC 110599 EXHIBIT A LEGAL DESCRIPTION The Property is located in the City of Baldwin Park, California and is described as follows: Parcel 900 and 905 an the former Maine Street right of way, pies parcel 905, 904, 903, 902, and 21. (Final Legal description to follow on 11/23/99.) Va I' BALDWIN P A R -K TO: 112091 _LT, DATE ITY OF BALDWIN PARK Mayor and City Council Dayle Keller, Interim Chief Executive Officer January 19, 2000 CITY COUNCIL AGENDA SUBJECT: STATUS REPORT — FREEWAY CORRIDORS/INTERCHANGE ISSUES PURPOSE The purpose of this report is to provide a status and summary of activities related to the City's efforts in improving and maintaining its freeway corridors and interchange. BACKGROUND The following is a chronology of events that have occurred since October 6, 1999: 1) October 6, 1999 — During council meeting Councilmember Pacheco requested staff set up a meeting with CALTRANS Officials. 2) October 14, 1999 — As a result of hearing direction to staff, H. C. & Associates makes presentation to staff on a proposed amendment to their existing contract for engineering and project management services to add the preparation of a formal application to CALTRANS, at a cost not to exceed $25,000. 3) November 2, 1999 — A letter is sent from Councilmember Pacheco to Jose Medina, Director of CALTRANS, on behalf of the City (copy of letter attached). 4) November 3, 1999 — A staff report recommending approval of the proposed Amendment to the existing H. C. & Associates contract referred to in item 2) above is placed on Council agenda. The item is continued by the Council to November 17, 1999, by informal unanimous consent. 5) November 17, 1999 — After considering the recommendation to approve the amendment, the matter is deferred until "January, 2000, after the council has received the mid -year budget for review," (Copy of November 17 Minutes attached). go 6) November 18, 1999 — Maria Contreras Sweet, State Secretary of Business, Transportation and Housing Agency, speaks at the November Joint Mixer and Luncheon of the Baldwin Park, El Monte /South El Monte and Irwindale Chambers of Commerce. Following the luncheon, Mayor Lozano and Councilmember Gair speak with her. She indicates that she will be more than happy to assist the City in any way she can with freeway concerns, including sending a representative to the City to work directly with staff on a plan. 7) December 9, 1999 — The Interim CEO has a scheduled telephone conference with Bob Sassaman, Acting Director of CALTRANS, District 7. During this conference, it is conveyed to Mr. Sassaman that the City will begin playing a more active role in its relationship with CALTRANS, and other appropriate agencies, to proceed with freeway corridor and interchange improvements. During the conference, Mr. Sassaman provided valuable information regarding contacts for the City in regards to maintenance, landscaping improvements, the I- 10/ 605 Interchange, High Occupancy Vehicle Lanes, and Ramps. 8) January 5, 2000 — Council approves an amendment to the existing contract with H. C. & Associates, to add the full -time services of Shafique Naiyer as Interim Public Works Director. DISCUSSION The issues relating to the appearance, safety, and workability of freeways and the freeway interchange within the City of Baldwin Park are of the utmost importance and are recognized by staff as having a very high priority by the City Council. In order to achieve optimum results, it is recommended that an In -House Freeway Task Force be set up and begin meeting immediately. This Task Force would be co- chaired by the CEO and the Public Works Director (currently the Interim in each of these positions) and additional membership is proposed to be as follows: Two Councilmember designees appointed by the City Council; Police Chief or designee, and Community Development Director or designee. Additional staff can be brought in and given assignments as needed. Through the Task Force, the City can move ahead in a very comprehensive manner by developing a list of priorities, a work plan, and target dates. In addition to the work plan, the Task Force can respond as needed to additional requirements, such as those brought about by new development along the freeway. The proposed contract amendment for H. C. & Associates to prepare a formal application to CALTRANS is not recommended at this time. The mid -year budget review has not been completed and the City is not currently in a position to appropriate additional funds until that review is available. Further, with H. C. & Associates currently providing the services of the Interim Public Works Director, who will be co- chairing the Task Force, a certain amount of expertise should be available under the existing contracts. At such time as the Task Force recommends that the 2 City go forward with a formal application to CALTRANS as suggested by H. C. & Associates, an additional scope of work can be considered. RECOMMENDATION It is recommended that the City Council receive and file this status report and give direction to staff regarding the in -house Freeway Task Force and /or any additional direction as deemed appropriate. M t� r �r Ricardo Pacheco counciiman November 2, 1999 Mr. Jose Medina, Director California Department of Transportation Office of the Director 1120 "N" Street Sacramento, California 95814 RE: Partnership Between CALTRANS and City of Baldwin Parr: in Planning and Implementing San Gabriel Valley Freeway Corridor Improvements Dear Mr. Medina: It was a pleasure meeting you on October &, 1999 at the American Public Works Association Conference on Rebuilding America luncheon. I was encouraged to follow up with this letter after your luncheon keynote speech which provided some pertinent insights into Governor Davis' vision for California, particularly regarding the State's role in promoting "partnership" with California cities. I was fortunate to be seated at a table with Mr. Bob Sassaman, Acting Director of CALTRANS District 7. Also seated with me was Mr. Hector Castillo, President of HC Associates, providing City Engineer services for the City of Baldwin Park; who introduced me to you and Mr. Sassman. This meeting provided an opportunity be briefed on some of CALTRANS preliminary plans for San Gabriel Valley Freeway Corridor improvements. The City of Baldwin Park is very interested in partnering with the State to- insure that the planned improvements of the CALTRANS freeway corridors through the San Gabriel Valley are implemented expeditiously and in our mutual best interests. Therefore, I have requested that Ms. Dayle Keller, Interim Chief Executive Officer of Baldwin park, follow up on these preliminary contacts to set up a meeting with you and Mr. Sassman to establish channels of communication and dialogue regarding the City's participation in planning and expediting the implementation of these improvements. CITY OF BAI DWl N PAFtK•14403 FAST 1'ACiFIC AVENUE- BALDWIN PAR'K•CA•9 1706. 4626)813 -5201 FAX(626)337-2965 Mr. Jose Medina, Director California Department of Transportation November 2, 19999 Page 2 The San Gabriel Valley Freeway Corridor improvements represent a practical opportunity to implement the Governor's vision of promoting partnerships with California cities. We will be contacting you in the near future to set up this meeting at your office. Your assistance in scheduling this meeting is greatly appreciated. Very sincerely, 'Zcojm4� 9a, Ricardo Pacheco Councilmember C Bob Sassaman., Acting Director of CALTRANS District 7 Manuel Lozano, Mayor of the City of Baldwin Park Linda Gair, Councilmember, City of Baldwin Park Bill Van Cleave, Mayor Pro -Teen, City of Baldwin Park Dayle Keller, Interim Chief Executive Officer, City of Baldwin Park Hector Castillo, President, HC Associates City Council Minutes — November 17, 1999 r' VACATION OF ALLEY BETWEEN CORAK STREET AND FRANC ISQUITO .POINT PUBLIC HEARING ON THE DISPOSITION AND DEVELOPMENT AGREEMENT AND GROUND LEASE FOR A PROPOSED SENIOR PROJECT WITH BALDWIN PARK SENIOR APARTMENTS, LP., A LIMITED PARTNERSHIP THAAT INCLUDES KAUFMAN AND BROAD MULTI HOUSING GROUP, INC (DEVELOPER) Page 4 PUBLIC HEARINGS Mayor Lozano declared the Public Hearing open for for public participation. In response to Councilwoman Gair's inquiry, Engineer Supervisor Idnani stated that Saffran is not ready to proceed with the vacation at this time therefore, it is the city's preference not to approve said vacation until Saffran is ready to commence with project. A motion was made to open and continue this matter until March 1, 2000. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. At this time, the Mayor opened the Community Redevelopment Agency meeting for the purpose of conducting the Joint Public Hearing with the City Council. Mayor Lozano declared the Public Hearing open for public participation. Ms. Laurie Kern, property owner, stated that she is not opposed to providing senior housing, however is opposed to having the parking taken away from their business. Ms. Kern suggested approving a plan that reduces the size of the units from a two - bedroom to a one- bedroom and eliminating the recreation room. A motion was made to continue this meeting to December 1, 1999. MOTION: Mayor Pro Tern Van Cleave SECOND: Councilman Pacheco Motion Carried. REPORTS OF OFFICERS PROPOSED AMENDMENT TO Director Hathaway presented the report as follows: ENGINEERING CONSULTING AGREEMENT — H.C. ASSOCIATES At your meeting held October 6, 1999, Councilmember Pacheco reported on his attendance at a luncheon of the American Public Works Association's Conference on "Rebuilding America" during which time he had the opportunity to meet a number of Caltrans officials. Councilman Pacheco requested that staff proceed to set up a meeting with Caitrans specifically to discuss the City's needs for maintenance and improvements along the 1 -10 and 1 -605 Freeways and their interchange. As a result , H.C. Associates made a City Council Minutes -- November 17, 1999 Page 5 presentation to staff, outlining the services which they could make available to the City in conjunction with its efforts with Caltrans and hereinafter referred to as Amendment #1. It was noted that the cost of the services will not exceed the sum of $25,000 plus customary reimbursable expenses and will be funded from the existing operating budget of the Public Works Department. It is anticipated that reimbursement to the General fund will occur through transfers from Redevelopment Project Area Funds in proportion to the benefit received or each project. Councilwoman Gair stated that the matter of the freeway maintenance and improvements is of great importance to her and to the city, however at this time, and until such time that there is a mid -year review of the City's financial position, she is not prepared to expend $25,000. Councilwoman Gair recommenced that this matter be held over until after receipt and review of the mid -year budget review. Councilwoman Gair also suggested that since Ken Spiker now has an agreement with the City, perhaps some of the area along the freeways could be identified as an area of improvement and included as part of that development agreement. Additionally, now that we have an Interim Chief Executive Officer, Councilwoman Gair feels that the city can begin communications with the Department of Transportation (Caltrans) to voice our concerns and lack of attention given to this area. Mayor Pro Tern concurred with Councilwoman Gair. Councilman Pacheco stated that this matter needs to be addressed now and not wait until sometime in the future. H.C. & Associates is prepared to begin the process and we have waited too long and have made absolutely no progress in this much needed area of improvements. Hector Castillo stated that this was an amendment to an existing agreement with the City. John Bollinger, stated that H.C. Associates will focus on a number of key tasks .leading to submission of an application to Caltrans for consideration. This includes establishing channels of communication and cooperation with Caltrans, preparing a preliminary process schedule, preparing an application package and submitting the application to Caltrans on behalf of the City. H.C. Associates will help the city achieve its City Council Minutes — November 17, 1999 Ism. objectives with respect to the maintenance and improvements of the 1 -10 and 1 -605 Freeways. Mayor Lozano has stated, since 1995, and will again repeat it in 1999, that he supports the issue of personally going along side of the freeways to clean -up these areas with our own private equipment. A motion was made to defer this matter until January, 2000, after the council has received the mid -year budget for review. MOTION: Mayor Lozano SECOND: Councilwoman Gair NOES: Councilman Pacheco Motion carried. RETAIL SIDEWALK DISPLAYS Interim Chief Executive Officer Keller presented the report as follows: Staff is seeking direction from City Council regarding issuing an extension of an authorization to Fallas Paredes to have a sidewalk display in front of their store at 4249 Maine Avenue. Fallas Paredes has conducted their sidewalk sales appropriately and in an attractive manner. Their letter of request indicates that when they do not have sidewalk displays, their sales drop in excess of 50 %. Their visibility problem is exacerbated by the fact that there are currently a number of vacancies in the Main Street Marketplace Center. In his report dated August 4, 1999, the former Director of Community Development suggested that some change to the City's current policies regarding sidewalk sales and displays might be in order. He specifically referred tot he General Plan process and the Downtown /Civic Center Revitalization effort as being two avenues for looking at changes. In addition, he suggested an administrative process that could give the city some flexibility until Zoning Code changes could be made. Councilwoman Gair stated that the business in question is the only store in town that has had a continuous sidewalk sale since February of this year. Contrary to their belief, I do not feel that this business will be out of business if they do not have sidewalk sales. This business leased a location in a semi - occupied center and was clearly aware of those consequences when they entered into their leasing agreement. This should not be construed as being an obligation or responsibility of the Council to make exceptions to the code. My main objection is that this business is operating outside of the Municipal Code requirements and it is our responsibility to enforce and apply the code to all INTER- OFFICE MEMORANDUM are BALDWIN P A- R, K TO: Dayle Keller, Interim Chief Exe ive O FROM: Rosemary Ramirez, Deputy Ci I DATE: January 24, 2000 SUBJECT: January 19, 2000 - City Council Meeting Action The following action was taken by the City Council at their meeting held January 19, 2000. • Freeway Corridor /Interchange Issues: Councilman Pacheco requested the following: 1) Additional information on representatives; 2) Follow up correspondence be sent to Department of Transportation Secretary, Maria Contreras Sweet. Council Members Pacheco and Garcia were appointed by the Council to serve as the designated representatives on the Freeway Task Force. e. V r CITY OF BALDWIN PARK 11 BALDWIN P A- R, K TO: Honorable Mayor and Members of the City Council FRAM: Rick Forrntos, Interim Community Development ■erect• r DATE: January 19, 2000 SUBJECT: Ordinance No. 1156- Amendments to the Municipal Code Relating to Temporary Use Permits PURPOSE: This staff report introduces to the City Council the proposed Ordinance amending certain Sections of Article 11, Chapter 110 of the Municipal Code relating to Temporary Use Permits. BACKGROUND: On August 4, 1999, the City Council approved a one -month trial period for outdoor sidewalk displays to promote our commercial corridors. The permit was free and applicants were required to submit a plan of intended set -up for review by the City's Design Review Committee. On November 3, 1999, the Council authorized an additional 60 -day time period extension for outdoor sidewalk displays with the condition that the permit be available to all businesses citywide until January 4, 2000, to assist businesses during the Holiday season. At their meeting on January 5, 2000, the City Council concurred on the proposed contents of an Ordinance amendment pertaining to Temporary Use Permits. Additionally, the City Council requested that the aesthetics issue be addressed in the Ordinance. This amendment proposes that the applicant ensure that the placement of exhibits and displays are presented with an aesthetic character and quality. For. example, upon review of the applicants proposed layout, staff will require that merchandise be displayed in an appropriate and appealing manner and provide for adequate pedestrian traffic flow. An extension for outdoor sidewalk displays was granted until March 17, 2000, with the understanding that the ordinance would be presented to the City Council at their January 19, 2000 meeting for first reading. DISCUSSION: The proposed amendments to the Ordinance relating to Temporary Use Permits as accepted by the City Council are summarized as follows. Temporary Outdoor Exhibits shall be limited to a period of six months at a time. Sidewalk displays or outdoor exhibits in the public right of way shall require a 4 -foot unobstructed access way for safety purposes. • Ensure that placement of exhibits, outdoor displays and sidewalk sales have an aesthetic character and quality. a • Processing and filing fees for a six -month permit shall be $50 for businesses under 10,000 square feet of floor area and $150 for businesses above 10,000 square feet of floor area. The resolution amending the fees for processing and filing temporary use permits for temporary outdoor exhibits of equipment, goods or merchandise will be brought back to the City Council for approval at its regular meeting on February 2, 2000 (See attachment #3). This proposed fee schedule change will only affect the applications fee for outdoor exhibits. Other existing requirements related to exhibits in the public right of way will remain the same. RECOMMENDATION: Staff recommends that the City Council introduce for first reading, Ordinance No. 1155 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE 11, CHAPTER 110, OF THE BALDWIN PARK MUNCIPAL CODE RELATING TO TEMPORARY USE PERMITS ", read by title only and waive further reading therof. ATTACHMENTS • Attachment #1- Ordinance 1155, Amendments to the Municipal Code Relating to Temporary Permits • Attachment #2- Baldwin Park Municipal Code Section 110.20 Temporary Use Permits • Attachment #3 -Page 3 of Schedule of Fees and Charges(with revision) • Attachment #4- Memorandum to City Council dated January 5, 2000 Reviewed By Amy Harbin, Acting Principal Planner Prepared By Melecio Picazo, Redevelopment Project Coordinator Attachment #1 ORDINANCE NO. 1156 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CERTAIN SECTIONS OF ARTICLE 11, CHAPTER 110, OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO TEMPORARY USE PERMITS WHEREAS, it is the intent of the City Council to assist businesses citywide and encourage shopping within the community; and WHEREAS, in an effort to promote the commercial corridors within the City and provide for a safe shopping environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 110.21(B)(1) is hereby amended and Section 110.21(B)(3) and (B)(4) are hereby added to read as follows: Section 110.21 (B) LIMITATIONS ON PERMITS. (1) Duration. No Permits issued for activities enumerated in divisions (A)(1), (2), (3), (5) and (7) above shall be for a period of time longer than four consecutive calendar days; permits issued pursuant to division; (A)(6) above shall be limited to a period not to exceed 30 consecutive calendar days; (A)(4) above shall be limited to a period of six (6) months at a time. (3) Temporary Use Permits issued for the activities enumerated in Section 110.21 (A)(4), and located in the Public Right of Way, shall require a minimum of a four (4) foot unobstructed access way for safety purposes. (4) Temporary Use Permits issued for activities stated in Section 110.21 (A)(4) shall require that the placement of exhibits, outdoor displays and sidewalk sales ensure aesthetic character and quality. SECTION 2. That this ordinance shall become effective 30 days after adoption and shall apply to all appointments made after the effective date of said Ordinance. SECTION 3. That the City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. APPROVED and ADOTPED this 2000. Mayor Manuel Lozano Ordinance No. 1155 ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF BALDWIN PARK 1, Rosemary M. Ramirez, Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on January 19, 2000. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Rosemary M. Ramirez, Deputy City Cleric General Business Permits (B) Any permit issued to a person who goes from place to place within the city for the purpose of carrying on the business or activity as so permitted, shall be carried by him at all times, and he shall exhibit the permit upon request therefor. (C) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.12.090) Penalty, see § 10.99 § 110.10 DURATION. Permits issued pursuant to this title shall be valid until revoked, except as is otherwise expressly pro- vided in this title. ('83 Code, § 5.12.100) § 110.11 PERMITS NONTRANSFERABLE; EXCEPTION. No permit issued under this title shall be trans- ferable, except as otherwise provided expressly in this title. ('83 Code, § 5:12.110) TEMPORARY USE PERMITS § 110.20 REQUIRED. (A) A temporary use permit shall be required for each of the activities enumerated in § 110.21, and all activities which are similar or related thereto, except those activities sponsored by the city or other public agency. The activities, being temporary in nature possess characteristics of such unique and special form as to make impractical their operation without specific approval, upon the conditions as may be deemed appropriate, in the manner set forth in this subchapter. (B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.56.010) Penalty, see § 10.99 Attachment #2 § 110.21 ACTIVITIES INCLUDED. (A) No person shall sponsor, participate or engage in any of the following enumerated activities, without first obtaining a temporary use permit therefor, issued by the City Manager: (1) Circuses. (2) Carnivals. (3) Fairs. (4) Temporary outdoor exhibits of equip- ment, goods or merchandise. (5) Aircraft and helicopter landings and demonstrations, and parachutist demonstrations. (6) Christrnas tree sales, except for those conducted as an integral part of a business which has a valid business license, issued pursuant to this code. (7) Swap meets. (B) Limitations on Permits. (1) Duration. No permits issued for activi- ties enumerated in divisions (A)(1), (2), (3), (4), (5) and (7) above shall be for a period of time longer than four consecutive calendar days; permits issued pursuant to division (A)(6) above shall be limited to a period of not to exceed 30 consecutive calendar days. (2) Number of permits. There shall be a maximum of two permits issued per year for any one location and a maximum of two permits issued per year to any one applicant, provided that the limitation on the number of permits based upon location shall not apply to shopping centers leaving an area of ten or more acres. ('83 Code, § 5.56.020) (Ord. 858, passed - -83; Am. Ord. 933, passed - -86; Am. Ord. 980, passed - -88; Am. Ord. 981, passed - -88) G.1 § 110.22 FEES; EXEMPTIONS. Baldwin Park - Business Regulations A filing and investigation fee as set by resolution of the City Council shall be required with each appli- cation for a temporary use permit. No such fee shall be required from an applicant who is exempt from the payment of business license taxes pursuant to this code. ('83 Code, § 5.56.430) § 110.23 ISSUANCE. The City Manager shall, upon proper applica- tion, issue a temporary use permit if he determines that the proposed activity can, and will, be conducted in a manner compatible with the preservation of the public peace, safety, health and general welfare, and will not be injurious or detrimental to property located in the immediate vicinity of the proposed location for the activity. ('83 Code, § 5.55.440) § 110.24 DENIAL. The City Manager shall refuse to issue a permit if the activity would not be compatible with the preservation of the public peace, safety or general welfare, or if the same would be injurious or detrimental to properties adjacent to, or in the vicinity of, the proposed location of the activity. ('83 Code, § 5.56.054) § 110.25 APPLICATION. This subchapter shall have no application to events or activities which are sponsored and con- trolled by a school district. ('83 Code, § 5.56.055) (Ord. 933, passed - -85) SCHEDULE OF FEES AND CHARGES Court Referral Program 1 - 120 Hours 121 Hours Pius Workers Compensation Fee Dances Permit Filing and Processing Fee Safety Services Handbills Permit Filing and Processing Massage Parlors Permit Fling and Processing Fee New Employee Checks Taxicabs Certificate of Convenience and Necessity Anneal Renewal of Certificate Liability Insurance Changes in Drivers, Vehicles, Etc_ Temporary Use Permits Filing and Investigation Fee Temporary Outdoor Exhibits Filing and Investigation Fee Street Benches Permit Fling and Processing fee Bench Removals by City Bench Storage by City - max 60 days Street Banners Permit Filing and Processing Fee PAGE 3 20.00 25 *00 20.00 50.00 ea Set by P.D. R0145 01W 250.00 25.00 540.00 350.00 { As required As required 115.00 ea Businesses under 10,000 square feet $50 Businesses above 10,000 square feet $150 10.04 /bench/yr 25.00 ea 10.00 /weekiea 50.00 ea Yard Sales Only Allowed 1 st weekend of March, ,June, September and No Fee December Motorized Vending (Catering /Ice Cream /Produce Trucks) Background Check 100.00 Fingerprints and/or Palm Prints 50.00 Seller's Permit (Owner) 50.00 Truck Inspection 35.00 Reinspection 17.00 Vendor's Permit (Per Driver) 15.00 Attachment #3 Attachment #4 E CITY OF BALDWIN PARK MEMORANDUM BALDWIN_ P A, R� K TO: Honorable Mayor and Members of the City Council FROM: Dayle Keller, Interim Chief Executive Officer DATE: January 5, 2000 SUBJECT: Outdoor Sidewalk Display Discussion of Proposed Ordinance/Time Extension PURPOSE: This memorandum requests the City Council discuss and review the proposed elements of a proposed Ordinance concerning outside sidewalk displays and requests for a time extension allowing outdoor sidewalk displays because it expires on January 4, 2000. BACKGROUND: On August 4, 1999, the City Council approved a one -month trial period for outdoor sidewalk displays. The permit was free and applicants were required to submit a plan of intended set -up for review by thie Design Review Committee. On November 3, 1999, the City Council authorized an additional 60 -day time period extension for outdoor sidewalk displays with the condition that the permit be available to all businesses citywide until January 4, 2000, to assist businesses during the Christmas season. Efforts were made to market this opportunity to all business in cooperation with the Chamber of Commerce. During the last few months, the following businesses have requested a temporary permit for outdoor sidewalk displays: Happy Toys & Gifts (14417 #BI 1 Ramona Boulevard) December 17 -24, 1999. Fallas Paredes (Maine Street Marketplace) November through January 4, 1999. Happy Fashions (14417 ##B12 Ramona Boulevard) August 20, 1999. Based upon City Council direction, staff has prepared a brief list of proposed elements to be included in the proposed Ordinance to address concerns relating to the outdoor sidewalk displays. Currently, temporary outdoor exhibit requirements are described under Temporary Use Permits within the City of Baldwin Park Municipal Code Section 110.21(a)(4) (see attachinent). The proposed Ordinance would be an amendment to and not conflict with the existing Ordinance. The following are the points recommended for inclusion into the proposed Ordinance. Limitation /Duration Outdoor Sidewalk Displays shall be available to all commercial businesses Citywide. A temporary permit to allow outdoor sidewalk displays shall be obtained through an application process. The permit shall be valid weekdays and weekends for a period of six (6) months and can be renewed for periods of six (6) months at a time. The application shall be available in both English and Spanish horn the Planning Department. Should the applicant comply with all application requirements at submittal, if requested, the applicant will be granted a free six (6) month pen-nit renewal to be used only after the expiration of the first six month period. Currently the Municipal Code limits the number of permits to a maximum of two permits per year to any one location or any one applicant. Fees /Exemptions Currently, per Municipal Code Section 110.22, the filling fee is $115 for a temporary permit as set by resolution. Staff has recommended that a minimum permit fee be collected by the Business License Division of $50 for businesses under 10,000 square feet in size and a maximum of $150 for those businesses over 10,000 square feet. The same fee applies for permit renewals. The permit fee will cover staff processing, review and inspection time. For example, the clothing store Fallas Paredes within the Maine Street Marketplace is at 24,000 square feet. Therefore, they would pay $150. Required/Violation Should the applicant continue to display merchandise with an expired permit, the Code Enforcement Division of the Building Department will cite the applicant with an infraction. Issuance /Denial Should the outdoor displays be located in the public Right of Way, for safety purposes, a minimum of a forty -eight (48) inch or a 4 -foot unobstructed access way or walkway shall be available. The applicant will be required to sign an indemnification agreement to hold harmless the City of Baldwin Park. Due to staff workload, we request an authorization to extend the time period for the outdoor displays until March 17, 2000. This time extension would be required because a proposed Ordinance if adopted on January 19, 2000 would not become effective until 30 days after the second reading or March 16, 2000. This time extension until March 17, 1999 would not be required should there be an urgency ordinance adopted. RECOMMENDATION: Staff recommends that the City Council discuss and review the elements of the proposed Ordinance pertaining to the outside sidewalk displays and approve a time extension for outdoor sidewalk displays through March 17, 2000. Attachments: Baldwin Park Municipal Code Section 110.20 Temporary Use Permits Prepared By Rick Forintos, Redevelopment Project Manager and Melecio Picazo, Redevelopment Project Coordinator. ?a It INTER OFFICE MEMORANDUM BALDWIN P • A • R- K ` TO; Rick Forintos, Interim Community k op Director FROM: Rosemary Ramirez, Deputy City C DATE: January 25, 2000 SUBJECT; January 49, 2000 - City Council Meeting Action The following action was taken by the City Council at their meeting held January 19, 2000. The City Council introduced for first reading, Ordinance No. 1156. Subject ordinance will be placed on the February 2, 2000 City Council Consent Calendar Agenda for second reading and adoption. The resolution which will establish /amend the fees for the section referenced in Ordinance 1156, will be set as a Public Hearing and is scheduled for the February 16, 2000 City Council meeting. However, since there is a question as to whether the proposed fee amendment is permitted and not . in conflict with Prop 218 requirements, I will await further direction from you with regards to publishing the Public Hearing notice. In order to meet publishing deadline with the Tribune, your response should be sent to me no later than 6 p.m., Monday, January 31, 2000. Please advise. cc: Dayle Keller, Interim Chief Executive Officer CITY OF BALDWIN PARK S V! I" B_ALD_WIN P - A R K TO: Mayor and City Council FROM: Dayle Keller, Interim Chief Executive Officer DATE: January 19, 2000 CITY COUNCIL AGENDA ITEM NO. SUBJECT: COMMISSION QUALIFICATIONS RELATING TO HOLDING OF PUBLIC OFFICE PURPOSE The purpose of this report is to respond to the City Council's request to consider a policy that would prohibit an appointed City Commissioner from holding public office as an elected official during their term as a commission member. BACKGROUND /DISCUSSION The City Council considered a report with a similar purpose at its meeting on January 5, 2000, and introduced for first reading Ordinance No. 1155, which states, among other things, "Commission members shall not hold public office as an elected official at the time of their appointment or at any other time during their term." Ordinance No. 1155 is on the Consent Calendar of the January 19, 2000 City Council Meeting Agenda for adoption. During discussion of the proposed Ordinance at the January 5 meeting, the City Attorney was asked for an opinion as to whether the Ordinance, if adopted, would affect any existing commission members who may also hold public office. The City Attorney responded that it would not. He indicated that action to remove any such commission members from commissions would need to be a separate action of the Council rather than a part of the Ordinance adoption. f,7xaidJ 11 ll �iT l �T �JLi7;►�1 It is recommended that the City Council take whatever action deemed appropriate and /or consistent with its action related to the adoption of Ordinance No. 1155. W V1 INTER - OFFICE MEMORANDUM BALDWIN P , A • R , K . TO: Dayle Keller, Interim Chief Execu, O PROM: Rosemary Ramirez, Deputy City I DATE: January 25, 2000 SUBJECT: January 19, 2000 - City Council Meeting Action The following action was taken by the City Council at their meeting held January 19, 2000. • COMMISSION QUALIFICATIONS RELATING TO HOLDING OF PUBLIC OFFICE: The Council vacated the offices held by Planning Commissioner Dolores Holguin and Housing Commissioner Olga Morales, and directed staff to notice the vacancies accordingly. The City Council will fill vacancies at their meeting to be held March 1, 2000. Notification letters have been sent and subject vacancies will be published in the SGV Tribune on January 281h, and February 41n Publication will also be included in the February issue of the Baldwin Park NOW. The deadline to submit applications will be Wednesday, February 16f" and applications will be forwarded to City Council at their meeting of March 1 sc BALDWIN P A, R � K Kathryn V. Tizcareno City Clerk January 25, 2000 Ms. Olga Morales 14139 Anada St. Baldwin Park, CA 91706 Dear Ms. Morales: At their meeting held January 19, 2000, the City Council vacated your office as a Housing Commission Member. Said vacancy is effective February 18, 2000 The Political Reform Act requires that officials who leave office must file a Statement of Economic Interest Form 700 — Leaving Office Statement. Please complete and return the enclosed statement to me on or before March 18, 2000. On behalf of the Mayor and City Councilmembers, please accept our sincere appreciation for your service on the Housing Commission. I realize how much time and effort such service requires, and I hope your tenure on the Commission has been as rewarding for you as it has been beneficial to the City. Sincerely, mirez, Depufy City cc: Dayie Keller, Interim Chief Executive Officer Tad Mimura, Housing Manager ITY 0 F BALI) WIN PAR.K,I4403 EAST PAC'[FIC AVFN1TT F ,RATnWe KT III DV-A ..._ r� BALDWIN P A,R,K Kathryn V. Tiwareno City Clerk January 25, 2000 Ms. Dolores Holguin 3221 Vineland Ave., #22 Baldwin Park, CA 91706 Dear Ms. Holguin: At their meeting held January 19, 2000, the City Council vacated your office as a Planning Commission Member. Said vacancy is effective February 18, 2000, The Political Reform Act requires that officials who leave office must file a Statement of Economic Interest Form 700 — Leaving Office Statement. Please complete and return the enclosed statement to me on or before March 18, 2000. On behalf of the Mayor and City Councilmembers, please accept our sincere appreciation for your service on the Planning Commission. I realize how much time and effort such service requires, and I hope your tenure on the Commission has been as rewarding for you as it has been beneficial to the City. Sincerely Ros�rV". Ramirez, Deputy Citj Cleric cc: Dayle Keller, Interim Chief Executive Officer Amy Harbin, Acting Principal Planner ]TY OF BALDWIN PARK,14403 FAST PACIFIC AVENUE'IALDWi,N PARK- CA-91706,( (726)813- 5213,1-AX(626)962 -262S ox0 i;� TO: FROM: DATE: INTER - OFFICE MEMORANDUM Dayle Keller, Interim Chief E ' ec time Offic r i Rosemary Ramirez, Deputy Irk January 25, 2000 SUBJECT: January 19, 2000 - City Council Meeting Action The following action was taken by the City Council at their meeting held January 19, 2000. • Mayor Lozano requested that a letter be sent to Supervisor Gloria Molina and Assemblyman Martin Gallegos, inquiring of the status of the proposed County Hospital Facility and to request that the City be kept informed on all issues /matters pertaining to this project. COMMUNITY REDEVELOPMENT AGENCY AGENDA JAN 2000 Map ITEM No. _ REDEVELOPMENT AGENCY CITY OF BALDWIN PARK January 19, 2000 WARRANT REGISTER NO. 499 San 12, 2000 09:58am Page 1 Check History. Hank RA Check Dates 00/00/00 to 99/99/99 Check #'s 010787 to 010804 ---- °_-- ---- --_°--- ------ --------------- ------- --- ----- - ----- ---- -------- ------ ---`-- ------ --- - --- - ----- -- -- ------- ---- Vend# Vendor Name Rank Check# Chk Dane Check Amount Sep 3256 ALVAREZ- GLASMAN & COLVIN RA 010788 12/28/99 9,181.68 Claim# General Description, 28295 LEGAL SERVICES 24 ACRE 14OUSING SAN GABRIEL /SIERRA VISTA PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 10001 12/05/99 9,181.68 0.00 9,I81.6$ GL Distribution Gross Amount Description 296- 37A -5020A 4,789.60 LEGAL SRV 281- OCA -5020A 4,332.08 LEGAL, SRV 201- 31A -5020A 60.00 LEGAL SRV - ------------------------------- ------------------------------------------------------------------------------------------------------ Vend# vendor Name Bank Check# Chk Date Check Amount Sep 4750 ANTHONY H GONZALES RA 010789 12/28/99 2,982.00 Claim# General Description 28287 FINAL RELOCATION PAYMENT 14420 MERCED AV -24 ACRE PRJ PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/21/99 2,982.00 0.00 2,982.00 GL Distribution Gross Amount Description 281- OOA -5020A 2,982.00 RELOCATION PMT Vend# Vendor Name --------- Bank Check# ------ ---- ------ -- ---- ------ Chk Date Check. Amount Sep 2938 BILL VAN CLEAVE RA 010790 7.2/28/99 110.00 Claim# General Description 28288 MONTHLY MTG ALLOWANCE p0# Stat Contract# Invoice.# Invc Dt Gross Amount Discount Amt Discount Used Net- Amount 0 12/21/99 110.00 0.00 120.00 GL Distribution Gross Amount Description 201- 31A -50IOA 110.00 MONTHLY MTG ALLOWANCE Vends# Vendor Name 139 BUDGET BOARD -UPS claim$ General Description 28289 BOARD UP- -14420 & 14426 MERCED PO# Stat Contract# Invoice# 286 GL Distribution 206- 37A -5020A Warrant Register No. 499 Page 2 Bank Check# Chic Date Check Amount Sep RA 010791 12/28/99 4,615.00 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/09/99 1,200.00 0.00 1,200.00 Gross Amount Description 1,200.00 14420/14426 MERCED Claim# General Description 28290 BOARD -UP 1,4436 & 1.4426 MERCED 14439 & 14448 GARVEY 14257 GARVEY PO# Stat Contracts{ Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 371 - 12/20/99 190.00 0100 190.30 372 12/20/99 385.00 0.00 385.00 373 12/20/99 530,00 0.00 530.00 374 12/20/99 1,850.00 0.00 1,650.00 GI, Distrihution Gross Amount Description 206 - 37A -5020A 2136 - 37A -5020A 2,955.00 BOARD UP EXPENSES Claim# General Description 28291 BOARD UP -14434 GARVEY Claim# General Description 28293 FIRST TIME HOME BUYERS ANTONIO /DALIYA ELIZALDE 4599 KENMORE PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/21/99 3,750.00 0.00 3,750.00 GL Distribution Gross Amount Description 281- OOA -5236A 3,750.00 ANTONIO ELIZALDE POST Stat Contract## invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 337 11/29/99 460.00 0.00 460.00 GL Distribution Gross Amount Description _-°_-°--------------------------------------------------------------------------'._----_---_----------------------------------------- 206 - 37A -5020A 460.00 14434 GARVEY Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 1893 DEWEY PEST CONTROL COMPANY RA 010792 12/28/99 410.00 Claim# General Description 28292 PEST CONTROL SRV --DEC AUTO NATION AREA PO# Stat Contract# Invoice# Invc Dt Gross Amount viscount Amt Discount Used Net Amount 0 12/15/99 410.00 0.00 410.00 GY, Distribution Gross Amount Description -- ---- 281- OOA- -5020A ----- -- --- °" 410.00 PEST CONTROL Vend# `-`--"------------------_----'-----------------'-_'-`-----------------------------`--------------------------------- Vendor Name Bank Check# Chk Date Check Amount Sep 4751 ROME ESCROW CO RA 010793 12/28/99 3,750.00 Claim# General Description 28293 FIRST TIME HOME BUYERS ANTONIO /DALIYA ELIZALDE 4599 KENMORE PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/21/99 3,750.00 0.00 3,750.00 GL Distribution Gross Amount Description 281- OOA -5236A 3,750.00 ANTONIO ELIZALDE Warrant Register No. 499 Page 3 vend# Vendor Name Hank Check# Chk Date Check Amount Sep 3323 J.C.'S PLUMBING AND BACKFLOW RA 010794 12/28/99 69.00 Claim# General Description 26294 PLUMBING SRV 3152 BIG DALTON PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 2057 12/15/99 69.00 0.00 69.30 GL Distribution Gross Amount Description 924.00 OCT SRV Gross Amount 281 - DOA -5020A 69.00 3152 BIG DALTON ------ ..__-- --- `--------- -- ----------- -------------------------------------------------------- VendjA Vendor Name ------------------------------------------------------------------------------- RA 010798 Bank Check# Chk Date Check A -mount Sep 854 LINDA LAIR -`------------------- RA 010795 12/26/99 2.10.00 Claim# General Description 28296 MONTHLY MTG ALLOWANCE PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/21/99 17.0.00 0.00 110,00 GL Distribution Grass Amount Description 924.00 OCT SRV Gross Amount 201- 31A -5010A -- ----"--------- --- -- - -- — -------`---------------`---------`----------------------------------- 110.00 MONTHLY MTG ALLOWANCE ------ ..__-- --- `--------- -- ----------- ----------------------`----------------------------------------"---`---`------------`--`-----`-------------------------------------- Vend# Vendor Name MONTHLY MTG ALLOWANCE RA 010798 Bank Check# Chk Date Check Amount Sep 594 MANUEL LC2ANO -`------------------- RA 010796 12/28/99 110.00 Claim# General Description 28297 MONTHLY MTG ALLOWANCE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0.00 0 12/21/99 110.00 0.00 110.00 GL Distribution 924.00 OCT SRV Gross Amount Description ---------------------....________---__--__------------------------------___---__----'---'-_----------------------------------"---`---`-- Vend# Vendor Name 201- 31A -SOICA ..----------------------------------------------------------__--------_____-°_-_-- Chk Date Check Amount Sep 110.00 MONTHLY MTG ALLOWANCE RA 010798 12/26/99 27,610.00 Vend# Vendor Name -`------------------- ------- Bank Check# -------- ---------- - - --.. Chk Date Check Amount Sep 4677 ORDUNO & 1BARRA, INC. RELOCATTON SERVICES RA 010797 12/26/99 924,00 Claim# General Description 28298 PROFESSIONAL RELOCATION SRV -OCT PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 3 12/14/99 924,00 0.00 924.00 GL Distribution Gross Amount Description 206- 37A -5020A 924.00 OCT SRV ---------------------....________---__--__------------------------------___---__----'---'-_----------------------------------"---`---`-- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4122 RAJANIKANT AND BAHUMATIBEN PATEL RA 010798 12/26/99 27,610.00 Claim# General Descrip -;,ian 28299 FINAL RELOCA'T'ION PMT 14257 GARVEY AV (B &B MOTEL) 24 ACRE PRJ PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 0 12/21/99 27,610.40 0.00 27,610.00 GL Distribution Gross Amount Description 2EI- 0f%A -5020A 27,610.00 FINAL RELOCATION PMT Warrant Register No. 499 Page 4 ---------------------------------- Vend# .--------------------------------------------------------.----------------------------------------- Vendor Name ,Discount Amt Discount Used Bank Check# Chk Date Check Amount Sep 3495 RICARDO PACF2CO GL Distribution RA 010799 12/28/99 3.10.00 Claim# General Description --------------------------------.,..__-____-__--------------------___---------------________-_-----_---------------------------------- Verd# Vendor Name -- -- ------------------ - - - - ^" -`--------------------------------------------`-------------- 28300 MONTHLY MTG ALLOWANCE 4752 VIRGINIA KURGUTA RA 010802 12/28/99 2,333.00 POP Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/21/99 110.00 0.00 110.00 GL Distribution Gross Amount Description 201- 31A -5010A 110.00 MONTNLY MTG ALLOWANCE ---------------------°_----°_____---__--.._......__--.------------..__--_-_---------------------------------------------------------------- Vend## Vendor Name Bank Check# Chk Date Check Amount Sep 3322 SDC PARTNERS, LTr) RA 010800 12/28/99 221,00 Claim# General Description 28301 COMMON AREA REIMB 3060 D106 BP PO# Stat Contract# Invoice# 649 638 G7 Distribution 206- 36A-5010A Invc Dt Gross Amount 12/28/99 220.00 12/28/99 1.00 Gross Amount Description 221.00 COMMON AREA Discount Amt Discount Used Net Amount 0.00 220.00 0.00 1.00 --°___°°------------------------ ---- --------- ----__---- _ °____ -- ----.._----------------------- -------- --- ----_____- ____.. -- -- --- -- - - - - -- Vend# Vendor Name Bank Check# Chk Date Check Amount Se_a 2773 SOiJ'%FERN CALIFORNIA EDISON COMPANY RA 010801 12/28/99 298.25 Claim# General. Description 28302 AUTOMATION AREA 2 -19- 252 -9956 2 -19- 868 -4912 2 -18 -791 -8412 2 -16- 253 -2416 PO# Stat Contract# Invoice?# Invc Dt Gross Amount ,Discount Amt Discount Used Net Amount 0 12/17/99 298.25 0.00 298.25 GL Distribution Gross Amount Description 281 - DOA -5020A 298.25 AUTOMATION AREA --------------------------------.,..__-____-__--------------------___---------------________-_-----_---------------------------------- Verd# Vendor Name -- -- ------------------ - - - - ^" -`--------------------------------------------`-------------- Bank Check# Chk Date Check Amount Son 4752 VIRGINIA KURGUTA RA 010802 12/28/99 2,333.00 Claim# General Description 28303 FINAL RELOCATION PMT 14428 MERCED AV {24 ACRE PRi} PO# Stat Contract# Invoice## Invc T)t Gross Amount Discount Amt Discount Used Net Amount 0 12/21/99 2,333.00 0.00 2,333.00 GL Distribution Gross Amount Description 281- COA -5020A 2,333.00 FINAL RELOCATION PMT --------------------------------`--------- Vend# Vendor Name -- -- ------------------ - - - - ^" -`--------------------------------------------`-------------- Bank Check# Chk Date Check Amount. Sep 4753 WILLIAM G SALTZMAN RA 010803 12/28/99 7,452.50 Claim# General Description 28364 REIMB AGREEMENT AND MUTUAL RELEASE 14327, 14329, 14331, & 14335 E GARVEY AV (24 ACRE PRJI PO# Stat Contract# Invoice #C 0 GL Distribution 261- OOA -5020A Invc Dt Gross Amount 12/23/99 7,452.50 Gross Amount_ Description 7,452,50 REIM3 AGREEMENT Discount Amt Discount Used Net Amount 4.00 7,452.50 Warrant Register No. 499 Page 5 -----------------------------------------------_---____------_---_--_--________-______----------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2765 MARLEN GARCIA RA 010804 01/06/00 110,00 Clain# General Description 28436 MONTHLY MTG ALLOWANCE PO# Stat Contract# Invoice# Invo Dt Gross Amount Discount Amt Discount. Used Net Amount 0 OS /06 /00 110.00 110.00 GL Distribution Gross Amount Description 201- 31A -SOIOA 110.00 MTG ALLOWANCE Paid Checks: Check Count 17 Check Total 60,396.43 PO Liquidation Total 0.00 Backup Withholding Total. 0.00 Void Checks: Check Count 0 CCS.AP Accounts Payahie Release 5.7.4 N *APR700 By SANDRA A._ (SANDRA) TO: Redevelopment Agency Board A` — FROM: Richard E. Forintos, Interim Community Development Directoi DATE: January 19, 2000 SUBJECT: Conceptual review by the Redevelopment Agency for the proposed construction of a 5,000 square foot proposed kidney dialysis facility within the Industrial (I) Zone ; Location: 3932 Downing Avenue; Applicant: Dr. Shale. This report requests conceptual approval by the Redevelopment Agency for the construction of an approximately 5,000 square foot medical facility which will be utilized exclusively as a kidney dialysis facility within the Central Business District Redevelopment Project Area. BACKGROUND This project originally came before the Agency Board on July 21, 1999. At that time, the Applicant requested that staff publicly refer to the proposed kidney dialysis facility as a medical office because of increasing competition from other physicians in the area wanting to locate a kidney dialysis facility in the area. At that meeting, the Agency Board voted not to conceptually approve the proposed project due to the saturation of medical offices within the downtown area. DISCUSSION At the request of the Applicant, staff is bringing this item back before the Agency Board. The Applicant has requested that staff provide a full understanding of the proposed facility as opposed to the vagueness of just being called a medical office. Staff, Amy Harbin, Acting Principal Planner and Rick Porintos, Interim Community Development Director has met with the owners of the proposed kidney dialysis facility, Hiren Shah, M.D. and Madhu Sudan, M.D. to discuss the proposed facility. - Goals and Benefits of the Proposed Facility The Doctor's primary goal is to establish a modern kidney dialysis unit for the care of critically ill patients who need this life sustaining treatment at least three times per week. The doctor's also contend that this proposed facility in Baldwin Park will minimize patients' travel to other kidney dialysis centers in neighboring cities and estimate that approximately 50 -60 dialysis patients from Baldwin Park will benefit by receiving treatment locally. Additionally, this is a for-profit facilitywhich will provide additional prope[ty property tax to the city and business license fees as well as additional ob opportunities for the residents of Baldwin Park. Already, the doctor's have invested approximately $400,000 dollars into the purchase of the property and will invest approximately $750,000 CASAm,/s Hes1WORMREPORTS1Agency ReportsNRDA Reports13832 Downing,doc Staff Report to the Redevelopment Agency Board January 19, 2000 SUBJECT: Conceptual Review -3932 Downing Avenue Page 2 additional dollars into the construction and interior improvements of the project for a total investment of approximately $1.4 million dollars. According to the Project Manager, Pradip Shah, he estimates that once the facility is built, a total of ten (10) jobs will be created which will include the facilities technicians, nurses, and office personnel. Eventually, once the facility has stabilized and begins to increase its client base, he anticipates an additional five (5) jobs being created. - Site Selection The doctors contend that they made their site selection very carefully. In searching for a site to locate the dialysis unit, there were several criteria that the doctors wanted the site to meet. Those criteria include: central city location, relative close proximity to transportation systems (normally, dialysis patients cannot drive after a treatment and are either picked -up by a relative, take public transportation, or rely on a transport company such as Joy Trans), and distance from crowded retail stores. The doctor's concurred and have support from local doctors encouraging the development of a kidney dialysis facility in the City since the two (2) nearest kidney dialysis facilities are over five (5) miles away in West Covina. - Agency Board Members Concerns Although staff is aware of the concern that some Agency Board members have regarding an `over- abundance' of medical offices within the downtown area, staff is of the opinion that this particular property on Downing Avenue is not within the high - profile retail area that most associate with Baldwin Park's 'downtown area'. The subject property is located on Downing Avenue and is within an area that is zoned for industrial _uses. RECOMMENDATION Staff recommends that based upon this additional information that the Agency Board conceptually approve the proposed 5,000 square foot kidney dialysis facility within the Industrial (1) Zone. ATTACHMENTS *Vicinity Map *Site Plan *Owner's Resumes *September 1999 Article taken from Contempory Dialysis and Nephrology REPORT PREPARED BY: Amy L. Harbin, Acting Principal Planne4�.. .212 t44/T .13a 414 zrn m 1121 -t29 4111 1109 410 i4 4 14751 14405 a JEl 102[ � 14352 y �1 �51 • .I42 41]7 H]9 .129 .1J] .129 A, 4117 .419 .11] �� 467 Vicinity Mas--%*V-% & ,Subject Property Conceptual Approval Location: 3932 Downing Avenue 1.sla T N .140 7 i1N N.� {t Ii,flT •134 1� <3J Jlljj 4s]0 4126 �� 11519 .f 4d �I 1160] • .I42 41]7 H]9 .129 .1J] .129 A, 4117 .419 .11] �� 467 Vicinity Mas--%*V-% & ,Subject Property Conceptual Approval Location: 3932 Downing Avenue 1.sla T N k s...- ....,.• x.r ...- ...c.....o...,.x wcwwaocma]aruauzra •••,'�,,•• •••,•, l+iV"Id &irs rrwrvvn..enmc Y� O1N3 ouwTiE QW 0) 4NCIlf(19 �1Aa35'IYJI� s7 m v • I E • ' S i i A ' A z 0- ! uj a a a M '3AY CWANA40a 19 r CURRICULUM VITAE PROFESSIONAL EXPERIENCE 6/98 to Present Practicing Nephrology, at Citrus Valley Hospital' 9188 to 6/89 Attending Nephrologist at Los Angeles County Hospital 1/88 to 9/88 Internal Medicine and Nephrology practice with Vijay Dhawan, MD. CERTIFICATION Diploinate, American Board of Internal Medicine State Certified Qualified Medical Examiner Certified Medical Review Officer MEMBERSHIP American College Of Physicians Renal Physician Association Los Angeles County Medical Association American Medical Association EDUCATION College University: Gujarat University, India Medical School: B.l.Medical School, India -1974 to 1981 Internship & Residency: Internal Medicine, Wyckoff Heights Hospital, New York, 1982 to 1985 Fellowship: Nephrology, Nassau County Medical Center, New York, 1985 to 1987 PERSONAL INFORMATION Date of Birth: Place of Birth: Citizenship: Professional Address: Professional Telephone: Professional License No.: DEA License No.: 07/20 /55 India United States of America La Puente Valley Medical Group, Inc. 18335 East Valley Blvd, La Puente, CA 91744 (626) 810 -3330 A 42703 BS 1014872 MADHU SUDAN, M.D. INTERNAL MEDICINE & NEPHROLOGY 530 WEST'BADILLO AVENUE, SUITE A COVINA, CALIFORNIA 91722 ( 818 ) 915 -6683 CURRICULAM VITAE OF DR MAQt!U aUDAN M D. SPECIALTY` internal Medicine and Nephrology FEDERAL ID #- 95- 43660389 CALIFORNIA LICENSE= A31769 PERSONAL DATA Social Security Number: 122 -52 -1810 Date of Birth: February 5, 1949 citizenship: United States PROFESSIONAL EDUCATION Pi- e--Med- Hans Rai College Delhi University, India. 1965 -- 1967 Medical School.: All India Institute of Medical Sciences New Delhi, , India August 1967 - December 1971 Degree M.B.B.S. (M.D. ) internship: All India Institute of Medical Sciences New Delhi, India January 1972 - December 1972 (P.G.Y-1) Residency: 1st Year and 2nd Year (P.G.Y -2 & P.G.Y3) Resident in Internal Medicine: Methodist Hospital of Brooklyn 506 6th Street Brooklyn, New York An Affiliate of Downstate Medical Ctr_ State Univ. N.Y. July 1973 - June 1975 Fellowship: Medical College of Virginia Richmond, Virginia Fellow in Nephrology July 1975 - .Tune 1977 Page 2 Madhu Sudan CERTIFICATION AND ELIGIBILITY Certified by the American Board of Internal medicine in the Specialty of Internal Medicine Certified by the American Board of Internal Medicine in the Subspecialty of Nephrology Certified by the American Board of Internal Medicine in Critical Care Medicine PRACTICE AND EXPERIENCE in the practice of Ne:phrology since June 1975 in the East San Gabriel Valley. Earlier Address: 933 S.-Sunset Avenue, Suite 204 West Covina, California 91790 June 1978 March 1986 Moved to present location in March 1956_ HOSPITAL PRIVILEGES Queen Of The Malley Hospital 1115 S. Sunset Avenue, West Covina, California 91790 Inter Community Medical Center 303 N. Third Avenue, Covina, California 91723 Foothill Presbyterian Hospital 250 S. Grand Avenue, Glendora, California 91740 Glendora Community Hospital 150 W. Alosta Avenue, Glendora, California 91740 Covina Valley Community Hospital 635 N. Lark Ellen Avenue, Baldwin Park, California 91722 Terrace Plaza Medical Cente)- 14148 Francisquito Avenue, Baldwin Park, California 91706 Page- 3 Madhu Si.. dean Doctors Hospital of West Covina 72E, r . c)ajige Avenue, West Covina, California ` 1723 San Dimas, Community Hospital 13.S0 W. Covina Bu.l.evard, San Dimas, Californi8 91720 COMMENTS I have served in various committees at. several hospitals il� the last fifteen Years and at present, 1. Chairman Department, of Internal Medicine Inter-Community Medical Center, Covina, California 2. Member of Education Committee Inter- Community medical Center, Covina, California 3. Member of Nutritional Advisory Committee Inter- Community Medical Center, Covina, California 4. Member of Hospital Quality Improvement Committee Inter - Community medical Center, Covina, California S. Director of Glendora Artifical Kidney Center 130 W. Alosta Avenue, Glendora, California 91740 6_ Member of Utilization Review Committee Inter - Community Medical Center, Covina, California 7. member of pharmacy and Therepeutics Committee Inter - Community medical Center, Covina, California Foothill Presbyterian Hospital, Glendora, California 8. Chairman NephrologY Committee oueen of the valley Hospital, West Covina, California 9. member Critical Care Committee Queen of the Valley Hospital, Test Covina, California Page 4 Madhu Sudan PROFESSIONAL SOCIETIES AND ORGANIZATIONS Member of the American College 01' Physicains Member of the American 'wocietY of NephrologY Life Member AIIMSC)NINAS of America �A Medical Alumni) Fellow of the College of Chest Physician Life Member of Indian Medical Association of southern California RESEARCH STUDIES AND PAPERS During my fellowship I worked at various research projects and have published paper and read scientific Paper at. the American College of Physicians Meeting. Field included; a. Barter's syndrome a Study b. Profiles of Hypoaldosteronism c. Role of Natreureteric Hormone and other projects related to Chronic Renal Failure in Chord injury Patients. January 1973 to June 1973 I traveled to various Medical Schools in India and Ceylon to study Role of Medical Educations in future Population Dynamics. July 1977 to September 1977 I traveled in Europe to study Medical Education and training in various EuroPean countries compared to the United States. Medical Schools visited were in; Sweden Denmark Austria Italy West Germany United Kingdom Holland As of 02/22/1996 Ay THE NEWS JOURNAL OF ME RENAL: CARE FIELD VOIUMO 20 NO.. 0 0 °;Sepi�anber 1999 Lio °�;f1 ti fis s� f^i:?� F a-st Track Design for I"L Lhe New 'M'illenniu By Do vin M. Reffilt "The ����� s we prepare to enter the new millennium, the increase in the "local" amount of patients --- combined with the desire to provide design must dialysis treatment centers —has challenged builders to construct Amore serve the needs and effic.ic:nt cast- effective clinics. Of nia17 people, Until now, patients have been accustomed to patronizing facilities referred by their physicians. However, with the flurry of new dialysis cen- including Lee: dotting the lillid"c•ilpo, patio nts, if tltc y wish, may now have tile option echni- of "shopping" for treatment facilities. This phenomenon has given rise to patients, the COnStrLFCti011 of nUmrcrous new Facilities. It has also presented an oppor- „ cians, physi- tunity for existing facilities to renovate and make better use of existing Gans and staff." space. If either of these scenarios are the case, following are some important ele- ments that should be considered. MODULAR CONSTRUCTION A little known fact is that state -of- the -art dialysis treatment facilities can be constructed in less time than it takes to build conventionally constructed buildings. Modular construction —or a combination of modular and con - ventional construction --can be a viable solution. Modular designs are constructed at an off -site factory to exact specifica- tions. ChoiCV of building materials is virtually unlimited, and can be con- structed of wood, steel or concrete. The only required on -site work includes excavation, fo Undatior.Is, utility services, and more. The units are delivered to the site and set over the foundation. 00pencling on tlx, elloice of interior and exterior finishes, the building can be complete within a few weeks —a far cry from the time involved in con - Ventional con"trildion. DESIGN The facility design must serve the needs of many people, including patients, tocknicians, physicians and staff. In order to create the most func- tional and picasing facility, it is necessary to understand space rcquirei- rents, and maintain the integrity and function of the facility. Note: State, local and governing agencies must be contacted prior to dc•c•iding can a modcslar de,sigii in order to conforrn to any existing building rcglfl.slio ni ;. 23 CONTEMPORARY DIAL YSIS & NEPHROLOGY • SEPTEMBER 1999 Four Months vs. One Year Time Dine with Modular Construction 2 3 4 5 6 7 R 9 10 It Plan' Design & Bids Design Manufact- install & wring & Site Work Engine Occupy -eying Operational with Modular Construction 17. -3 Q 5 6 7 8 9 10 It tics, anci a sc ^parnlc drain for fluid di',j • An examination room with hand -wash- ing; facilities and writing surfaces should �. 12 he provided wi €Nisi at least 111 €1,.sgttare - feet -of space. • A clean workroom is vital. If such a room is used for preparing; patient care items, it should include a work counter, a hand - washing facility, and storage facili- ties for clean and sterile supplies. If the 12 room is used only for storage and holding Plan Design & Bids Conventional -ning Engineer- & Construction Occupy ing Contract NATURAL LIGHT In many ways, the location of the site dictates the design of the clinic. Properly that contains natural wooded areas is ideal, and can be utilized as a back- drop —and an ever - changing mural in the dialysis treatment area —by incorporating windows and sky- lights in the design. An open design with ample natural lighting is a pleasant and welcome feature for patients and staff. PARKING Design guidelines exist for the number of parking spaces included in a parking lot. However, local regu- lations must be investigated and adhered to. DESIGN GUIDELINES Following are suggested design treatments for dial- ysis treatment centers. • Plan to make the treatn "cnt areas open and scpa- rate from administrative and waiting areas. An open unit will provide privacy for each patient. • Individual patient treatment areas should be at / least $0 square feet, with a four -foot space between beds and /or lounge chairs. • Nurses' stations should be located in the dialysis treatment areas, and designed to provide visual observation of all patient stations. • Hand - washing; facilities should be convenient to the nurses' stations and patient treatment areal~. '1'hc is a requirement of at least one hand - washing; area per four stations to provide equal access from each patient station. • The number of airborne infection isolation rooms (if needed) is determined by an infection contrOI risk assessment. • If required, a medication dispensing station can be included in the design, along; with a work counter and a hand - washing facility. Provisions should be made for controlled storage, preparation distribution and refrigeration of medications. • If home training is provided, a private treatment area of at least 120 square feet is recommended. This room should contain a counter, hand - washing, facili- as part of a system of distribution for clean and sterile materials, the work counter and hand washing facility maybe omitted. 1 • Soiled and clean workrooms —or hold- ing rooms —must be separated and have no direct connection. • A soiled. workroom should contain a flushing -rim sink, a hand - washing sink, a work counter, storage cab- L� inets, waste receptacles and a soiled linen receptacle. • The water treatment equipment should be located in an enclosed room. • A patient toilet with hand - washing facilities must j be included. • Supply areas or supply carts should be within n,. t la. ; 5 0A N .e.er M�ee'L r 4 Wi DiaI�sis Station AmnenitiCS Skyllghts Ccilirag Mounted Television Monitors Nurse Call Boxes Moline Laptop Computer Carts Computer Data Ports Large Windows 24 CONTEMPORARYDfALYSIS & NEPHROLOGY • SEPTEMBER 1999 easy access of staff members. • Additional storage space should be provided for wheelchairs and stretchers, if needed, and should be located out of the direct line of traffic. + If a nourishment station for dialysis service is provided, the station should contain a sink, a work ` counter, a refrigerator, storage cabinets and egUip- �/ ment for serving beverages, as required. • If dialyzers are reused, a reprocessing room is required, sized to perform the functions and includ- ing one -way flow of materials from soiled to clean. The size of the area should be large enough to accom- modate refrigeration (temporary storage or dialyzer) decontamination /cleaning areas, sinks processors, computer processors and label printers, packaging; area and dialyze € - storage cabinets. • An environmental services closet should bo idja- cent to the unit, and used for those purposes only. This closet contains a floor receptor, or service sink and storage space, for housekeeping supplies ;end. equipment. • If required by the fu nctional program, an equip- mcnt repair and breakdown room can be equipped v with a hand- washing facility, a deep service sink, a work counter and a storage cabinet. • A clean linen storage area should be included. This call be located in o clean workroom, in o sepa- rate closet, or in an approved distribution system. If a closed cart system is used, storage can be located in an alcove, and be 10catod out Of the path Of normal traffic and under staff control. ANCILLARY FACILITIES • Office and clinical workspace should be available for administrative services. �� • Storage for patients' belongings is necessary. • Appropriate areas should be allocated for person - nel to accommodate clothing changes, as well, and v can be located in a staff lounge. Source: Guidelines for Design and Construction of Hospital and Healthcare Facilities. The American Institute of Architects Press, Washington, DC. COLONS Be creative with your color selections for wall and /or furniture treatments. It is just as easy to choose muted shades of yellows and blues as it is to use white. Additionally, the same color scheme does not need to be used throughout the facility. Certain / areas can utilize bolder colors, thereby offering patients a welcome visual variety. Consulting with an interior designer can help determine a. color scheme. THEMES Another consideration in interior design is the adaptation of theme decor in each dialysis area, espe- cially when certain areas are designed fnr children. A few ideas i€ €c hide .€ kilo room will) nu€Iti ra€Ic€red kilos hongin}; fr€€nt ll €c evili€sg it lull€ oil roco€t€ or .rn undersea thenIc 1-00111. Modular Time Line New Martinsville Dialysis Clinic New Martinsville, West Virginia September Foundation is com- pleted. Modules delivered to the site. October Roof and dryvit exterior installed. November Utilities installed. :.Interior, >finishes.and ,� seamless flooring completed. January Ready for Occupancy 2S COMEMPURARYDiALYSIS & fVLOU?0LOGY . SEPTEMBER 1999 Dicrlrvis Fac•iliiy, Design 11'rq fessinIlah.. . Crafton Architects & Associates 25 E. Boardman St. Suite 242 Youngstown, Ohio 44503 (330) 744 -1444 (334) 744 -1423 (fax) Dedicated to progressive, full service architectural design. Specializing in dialysis facilities, renovations, additions, and new construction projects. CIRCLE READER SERVICE NO. 14 EAM Develop Joint Ventures Negotiate Management Contracts Build New Dialysis Clinics improve Dialysis Quality Care Utilize State of The Art Dialysis Equipment Computerize & Standardize Records For More Information Call Cynthia Jansen, President Health Resources Group, Inc. CIRCLE READER SERVICE NO. 15 COMPUTERS Whilr it 11lay not hr cotit- <•ffc•clivc• to provide per - ccn;lJ cornpuleisill vach ~lotion, conlpt.J_f.41,_ .ylrfti c,111 cilsily -M14 -1 illexpew"iVely be Installe.`d to provt�e -._ Infc:rnet access at selected "�tatiaxls�- Tlrr�wiil-pMvi`zfe rig iic -li�--r – wciirn� patients with hrptcrp computers. The innovation and availability of cable Internet access can also heip deter costs normally associated with Lnternet access, including telephone line and access charges. ENTERTAINMENT Televisions, VCRs, cable TV and satellite dishes are just 3 dew o he avai a e options. t oug ill s cost - conscious facilities would opt for the basic cable or antenna .feed, you may want to consider other options a , well. Satellite dishes offer the most variety of channels; however, the drawback comes when multiple `I`V's are in use since they all would. have to be tuned into the same station. ale TV, therefore, would be the m I an effective„ way to provide alternative channels. You may also consider i�isfailin��Its _Ifyotrdrs; iet'rierslL�er to i.z�clude a __� selection of general audience videos at each station. Whatever option you choose be sure to incorporate the rcgUired outlets and cabling into the design of the facility. RESOURCE AREA Ln addition to television, consider offering a library fc�r pzit nt uRC . l3noks can be ci)ta e a� t t se�iboo stores, local libraries - -where used books often are sold to the public --or through book donations. A patient book exchange also is a good idea. You Carl also provide patients with resource books - -_Y:` and a Lid iota pes thaE relate. to c ialysis trey rnenT nub tiona l information or any insti uctional in orm&ati .– Just i-Clrieni er to provide audio headsets to accorn- 111odilfc severili people at a tinw. Plan to offer workshops on nutrition, .patient care for filmily tnembej:r , hi.j -i ova, huns...iLLdi�t_ly�is._�r,tat - -_ r1low, The facility des gn can include a trmnirig room to be utilized for these types of events. CONCLUSION Moduhr corlstrlrction is ail innovative approach to getting a new facility —or a renovated one —and will be operational in a much shorter amount of time thiin conventional building requires. However, if you pliln to de,sign'Ind construct on the "fast track," remember to maintain the integrity of the building and the environment. ABOUT THE AUTHOR Davin 1Zcffitt is the Vice Presidolt (f Modi.dar Dcsig)i Tc°ch;,ioin y, Inc. i77 Ambridge, Pennsylvania. Z� CONTEMPORARY LNALY5IS & NCPI-ROLOGY • SEPTEMBER t999 iOw h a1 A BALDWIN P - A,R�K CITY OF BALDWIN PARK # JAN 1 STAFF REPORT � ;} TO: Redevelopment Agency Board vv FROM: Rick Forintos, Interim Director of Community Developmen r /�, " DATE: January 19, 2000 SUBJECT: Conceptual approval by the Redevelopment Agency for 4 -unit (two duplexes) multi - family residential development within the multi - family zone; Location: 4213 Downing Avenue; Applicant: Z. Sun Associates, Inc. PURPOSE This report requests conceptual approval by the Redevelopment Agency for the construction of a 4 unit (two duplexes) multi - family residential development located at 4213 Downing Avenue. This property is located within the Sierra Vista Redevelopment Project Area and the Redevelopment Plan requires that any new construction be reviewed and conceptually approved by the Redevelopment Agency prior to the issuance of any building permits. BACKGROUNDIDISCUSSION The subject property's General Plan Land Use designation is Garden Multi - Family Residential and is consistently zoned RG {Residential Garden The site consists of one (1) parcel totaling approximately 20,475 square feet. Rectangular in shape, the property is 100' wide and 200` deep, and is currently vacant. According to the site plan, the developer is proposing 2 duplexes appropriately placed in a way that provides 1,298 square feet of private open space for each unit compared to the required 100 square feet of private open space. The developer is also proposing 861 square feet of common open space which is more than the Code requirement of 800 square feet. Additional landscaped areas along the driveway are also provided. The driveway areas will include Mission Red colored stamped concrete ribbons approximately every 20 feet. The developer will provide a 6° high block wall on side and rear property lines with stucco coated block walls within the front yard area. Each unit will have 2- stories with 3 bedrooms and 2Y2 baths totaling 1,780 square feet of floor area. The elevations show stucco pop -outs on all windows with wood lattices above the entry porches. The majority of the building will use La Habra stucco in an Adobe (beige) color. C ASalvador\ConceptualPR99- 07.doc Redevelopment Agency Conceptual Approval 4213 Downing Avenue Page 2 of 2 Plans have been submitted for Plan Review by Z. Sun Associates, Inc, for this Multi - Family Residential development. Staff is currently in the process of reviewing this project. RECOMMENDATION Staff recommends that the Redevelopment Agency conceptually approve the proposed 4 unit (2 duplexes) multi- family residential development located at 4213 Downing Avenue. ATTACHMENTS • Vicinity map • Site plan Report reviewed and approved by: Amy Harbin, Acting Principal annec.s7' Report prepared by: Salvador Lopez Jr„ Planning Technician 1 14. 14536 14704 1 14712 U9 4346 146 4343 1471 4341 14514 4344 4342 4336 146 W714 4339 4330 4333 4332 4327 4329 } 4326 4319 4323 22 �[ 4320 4317 4316 '{4521 1 4309 4315 4 4314 14717 4311 WRY 14637 1 14701 71 14727 14503 1461 4303 4242 7 7 4249 14626 4243 947 15461 4239€ 4236 471 p A 4231 441 r 14420 144.16 14508 14520 4237 � 1 [ 42Z7 a27s 4235 i 4252 11 4223 azzo 4219 4218 4215 4222 �: 4214 30 4216. U45 4212 4209 4208 yj 4203 4202 4706 .. .. .........,. _. i 4202 4147 3 4148 4155 4142 l 4156 4137 4150 4139 € 41 4133 0433 4140 4129 4 1 9 0 '!4497 4134 4123 4117 I J' CASE NO.: PR 99 -07R " ADDRESS: Downing Ave. Date: January 26, 2000 Not sa COMMUMTY REDEVELOPMENT AGBOAGENIX JAN 19 2000 "R14 CITY OF BALDWIN PARK STAFF REPORT BALDWIN s t' ?. - R � K NO. ....rte TO: Redevelopment Agency Board FROM: Rick Forintos, Interim Director of Community Development ?� DATE: January 19, 2000 SUBJECT: Conceptual approval by the Redevelopment Agency for a Communications Tower at Gus Networks America Inc., Location: 428 Cloverleaf Drive, Applicant: Jerry Wang This report requests conceptual approval by the Redevelopment Agency for the placement of a communications tower on the roof top at 428 Cloverleaf Drive. This property is located within the Delta Redevelopment Project Area and the Redevelopment Plan requires that any new construction be reviewed and conceptually approved by the Redevelopment Agency prior to the issuance of any building permits. BACKGROUND/DISCUSSION The subject property's General Plan Land Use designation is Commercial /industrial and is consistently zoned IC (industrial Commercial). Additionally, the site is located within the Delta Redevelopment Project Area. The property meets the required parking according to the City's Zoning Code. The proposed tower antenna will give off a radio frequency of 2.4ghz., which is considered a standard by the Federal Communications Commission Because of the low frequency, the FCC does not require a license for this type of emission. Plans have been submitted for Plan Review by Gus Networks America for a forty (40) foot high antenna utilized for wireless internet services. This will serve as an expansion to their existing business that provides Internet services to other businesses. The City's Design Review Committee (DRC) has reviewed and tentatively approved the project subject to minor conditions that will need to be addressed prior to the Plan Check phase of this project. RECOMMENDATION Staff recommends that the Redevelopment Agency conceptually approve the proposed 40' high communications tower located at 428 Cloverleaf Drive. C: 1Safvador\ConceptualPR99- 35.doe Redevelopment Agency Conceptual Approval 428 Cloverleaf Drive Page 2 of 2 ATTACHMENTS • Vicinity map • Site plan and elevations Report reviewed and approved by: Amy Harbin, Acting Principal Planner Report prepared by: Salvador Lopez Jr., Planning Technician Subject Proper LAVISIC)N & Vicinity Map CASE NO.: PR 99 -35 ADDRESS: 428 Cloverleaf Dr. Date: January 26, 2000 Not to Scale r- " L. P-. 0 *e- s 2- U� ti LL --------------- ------------------ CL 9 ISO vst:TT 66-90-400 ri R-" ISO vtll:ll 66-90-qDo Towers ; Conmunications ROHN-2 s 3 15 tr cturc General Use S ecfal Features !?::. The 25G is a general purpose c onununications or: heavy duty T.Y. tower which e 1 i+ ? The:25G �s:availahle boi iui the siaitdard IO ^aeepoa "length'and a sp c will satisfy a wide range of needs. length which is UPS sil pp4ble .Tlie 25Gftusts double bolted�joints.., p;, the best method' oYjo�ting tower 'scc66-siSor..sturdinc "ss.atid dependa0i DeSi ►I � xira s o>� a,- �,5C3' o � it,toY�csclf an pgrting rgvid�n �a�i 9 c trength all w p p g et is used;, and undcf normal 'condidons'thc25G cari`rise 33 feet above, et, Under most "gu ed condidons.the 25G is sui41e to heights of 140 The 25G is built on"a.12 112" equiiatoral triangular design with continuous s i&c'onditr loacittigs must be met we Bugg' pcc oriS g� iTos _ antenna~ steel °'Zig —tag ".cross bracing, entirely electrical welded and fabricated in e contact the sales;deparmient for complete idormati6if, precision equipment. The 8 " Zig —Zag' braces per lO' section mean more than usual strength for a structure of this size. The ROHN 25G is at least 33% stronger and far more durable than similar size and g type towers found. on the market today. At the same time, the ROHN production system means , x lower costs... giving you a tower actually: costing less than some other tow- ers. G , 3 {0, J - - _ 7 aA YS AT if 314 EACH , x... . . D 11 1�4 1 rc. r R swACEO r• -o Ire- t , c 15e {oi:IALL01: wa 5116 .0 PIN 256 SECT ION "TFP ri py�r )J, jj j �'f . ,. .. -- r. jam. Construction �4��c4`Oi i i �r ` /�l ■ k F. The 25G is an extraordinarily rugged structure, with extra heavy -duty '-Every 25G receives ',the ROHN Hat l' ip Cialvaniied long life finish Jih "q 1 -114" steel tubing side rails, and continuous steel solid rod bracing elec- ble and efficient cortnsion protection knovrn.,The toweriectigns,:as "" trically welded throughout: Superior strength has always been foremost.. accessories, are completely hot dip galvanizers, both inside and out, aftc in ROHN towers, achieved by setting high standards for all steel used tioa to protect all points of corro §ion The galvanizing also provides These standards are constantly maintained by scientific testing according '. '. and long lasting frznsh to accepted laboratory procedures, resulting in a level of quality which never varies! - 9" 5 aAY5 AT r5 3/f� EACW - !•.�� _e.! /i" 'rs 2. oo o. o. f r6 GA. wACt. 25A6 25A G4 +1 r•.s.si�• r.,o_ t =ilz 1 J/+ STD OtFE 752 rIS 0. p, TS Z.e"'S'n.b, (J.Wl 0 :e.l _ - (r� a+. WA{.c1 _ (11 .2.3'010, 25AG 1 25AW 25AG3 rrnrcAt 476 " U.S,, Canada, Mexico Phone: 800 --472 -7373 Fax: 410- 527 -0005 0 iM. all rights m vtd All other countries phone: i-1 -410 -- 229 -1200 Fax: +1-410-229-1486." Towers Parts List far #25G Guyer! Tower g0 MPH Basic Wind Speed (No Ice) i jet i ption . Rohn PIN . TESSCO sKU SO' S0' 70' 80' 90' 100. .110' ,-,.. 25G 56866 4 5� 6 7 g 9 10 met Section 1 1 1 1 2p Section 25AG2 70080 1 1 1 1 1 ete Base Plate BPC25G 34909 1 1 1 1 1 1 1 - Pier Pin 314 X 12 PP 67582 1 1 1 1 1 3 3 1. fey Bracket GA25GD 94734 2 2 2 3 800 3 900 1000 1100 Guy Wire 3116" EIS 30438 350 425 500 18 Big Grips BG2142 74551 12 12 12 18 18 18 ipe Thimbles 5116" THH 51870 12 12 12 18 18 18 18 9 Bye Turnbuckles 318 X 6 E & E 92761 6 6 6 9 a _ 9 _ - Jaw Turnbuckles 112 X 12 E& J 97757 - - 1 Safety Kit TBSAFETY 77773 1 1 1 1 1 3 1 3 3 F� anchor Rods GAC 303 � 81520 3 3 3 3 - - �nchor Rods GAO 305 29913 - - _ I-`..— knchor Rods GAC 3455 68306 - 1 1 ,no. Ground Kit AGK 89014 1 1 1 1 1 2 2 2 ise Ground Kit BGK 99734 2 1 1 53643 1 1 1 1 1 I it Pack 4021 4381 4841 574! 6221 670. 7181 lei 9 ht (Ibs.lkg) 182 199 220 260 282 304 326 :. Rahn PfN TESSCO SKU 12D' 130' 140' 150` 160' 170' 180' iDesetEptioh 11 12 13 14 15 16 17 Tower Section 25G 56666 1 1 1 �,, -Top Section 25AG2 70080 1 1 1 1 1 1 icrete Base Plate BPC25G E 34909 1 1 1 1 1 1 1 Pser in 314 X 12 PP .67582 1 1 1 1 1 Guy Bracket GA25GD 94734 4 4 1700 4 1825 2425 2650 2775 2925 Guy Wire 3116" EH5 30438 1575 3D 36 36 �. Big Grips BG2142 74551 24 24 24 30 36 36 Rope Thimbles 5116" THH 51870 24 24 .24 30 3Q 6 &.Eye Tumbuckies 318 X 6 E & E 92761 12 12 12 12 12 Jaw Turnbuckles 112 X 12 E & J 97757 - - 15 15 1 1 Satety Kit TBSAFETY 77773 1 1 1 1 _ 1 _ 3 3 r Anchor Rods GAO 303 81520 - Anchor Rods GAO 305 29913 l 3 3 3 - 3 3 z; Anchor Rods GAC 3455 68306 - - - 3 3 g 2 lnchor Ground Kit AG 69014 1 1 1 1 1 2 2 Base Ground Kit BGK 99.730 2 2 2 2 2 1 1 �:. Lit Pack 53843 1 1 1 1 14931 1 1519 1 15��1 8 160 .Weight (lbs.lkg) 31 74 397 420 800-- 472 -7373 Fax: 410- 527 —X 005 1tKa Fxd Saucr U.S., Canada, Mexico Phone: (` +1-41.C)'�'2s���' v Fax: 0 yy 0(i .g �q (} y �g 'F'1�Aii— L+L.i"`iW Ci44o9.nliri�hsrc,crvrd All other countries Phone: -1 t� BALDWIN P : A • R, K CITY OF BALDWIN PARK CONSENT CAMAM! 71-7 rim I FM TO: City of Baldwin Park Redevelopment Agency �} FROM: Rick Forintos, Interim Community Development Director /7C yr i DATE: January 19, 2000 SUBJECT: Change Order #1 From Environmental Control Systems, Inc. for Asbestos Removal in the 24-Acre Site Project Number 99 -1 PURPOSE: The purpose of this staff report is to request Redevelopment Agency Board approval for the change order from Environmental Control Systems, Inc. for the removal of asbestos resulting from the Demolition of Improvements in the Sierra Vista Project Area (Project Number 99 -1). The change order exceeds the 25% of the approved bid and requires Agency approval. BACKGROUND: On November 3, 1999, the Redevelopment Agency approved the Contract Agreement between the Agency and Environmental Control Systems, Inc. (ECS) for Project Number 99 -1 associated with the Demolition of Improvements in the Sierra Vista Redevelopment Project Area. The Contract Agreement includes the removal of all buildings and slabs, footings and asbestos testing and guarantees prevailing wages per state law. On December 22, 1999, the Agency staff and ECS signed the Notice to Proceed authorizing the contractor ECS to proceed with the Demolition Project Number 99-1 in accordance with the executed Contract Agreement. As stated in the Notice to Proceed, Agency staff requested ECS to provide a contract extra for the actual asbestos removal- As part of the contract, ECS surveyed the sites and submitted the Change Order # 1 dated January 11, 2000 (see attached Change Order #1, dated January 11, 2000). Asbestos abatement services for the 13 properties is in the amount of $38,150 Of the 13 properties, asbestos containing materials were not detected on 3 properties The materials identified with the majority of asbestos were stucco, roofing material, window putty, sheet flooring and tile. Because the total dollar value of this Change Order for a partial of the properties is above 25% of the original contract price, the change shall be by written agreement between the contractor and the Agency. In an effort to reduce project costs, Mark Dozmati, Code Enforcement Supervisor recommended to Agency staff that the contractor implement alternative asbestos removal methods to decrease project costs. Staff followed up with ECS to negotiate a reduced change order arnount. To that end, ECS prepared a revised Change Order #1 reducing the dollar value for asbestos services from 2 properties. The contractor revised the change order amount decreasing the cost from a potential $47,750 to $38,150. After discussions with staff, the contractor reduced the project cost by $9,600 for actual asbestos removal by the following amounts (see attached Change Order #I dated January 11, 2000): Property Original Revised Price Price Cost Reduction 14404 Merced $23,000 $16,700 $6,300 14426 Merced $8,800 $5,500 $3,300 Reduction Total $9,600 In summary, the original contract price was at $106,200 and the Change Order #1 per Contract Agreement 99 -1 for the abatement of asbestos containing materials is $38,150 revising the contract amount to $144,350. The percentage amount for the change order 91 for $38,150 is 36% of the base contract amount of $106,200. RECOMMENDATION: Staff recommends that the Agency approve the Change Order #1 from Environmental Control Systems, Inc. in the amount of $38,150 for the removal of asbestos containing materials from the thirteen (13) properties concerning the Demolition of Improvements in the Sierra Vista Redevelopment Project Area (Project Number 99 -1). ATTACHMENTS • Attachment #I -Cover Letter & Changer Order #I dated January 11, 2000 from ECS • Attachment 42 -Bulk Sampling and Analysis Prepared by Melecio Picazo, Redevelopment Project Coordinator 01/12/2000 17:14 9092445736 ENV CONTROL SYSTEMS PAGE 02 ENVIRONMENTAL CONTROL SYSTEMS, INQ Attachment #1 LIC. ##492948 GENERAL CONTRACTING • DEMOLITION • ASBESTOS & LEAD ABATEMENT + INSULATION January 12, 2000 City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Phone # (526) 813 -52531 Fax # (626} 337 -2965 Attu.: Rick Forintos Redevelopment Project Manager in keeping with the contract, Eavi-'onm,ental Control Systems formally requests a change order for the abatement of asbestos cor tail a materials associated with the demolition at the Sierra Vista Project. As part of the contract ECSI surveyed the sites and formulated a scope of work. fiCSI supplied pricing fbz this scope of work. After several discussions and alterations in the scope ECSI was able to reduce that cast to the following.- (See Attached) 29160 GOETZ ROAD • QUAILVALLEY, CALIFORNIA 92587 (909) 244 -5737 - FAX (909) 2445736 01/12/2000 17:14 9092445736 ENV CONTROL SYSTEMS PAGE 03 ENVIRONMENTAL CONTROL SYSTEMS, INC. LIC. #492948 GENERAL CONTRACTING ■ DEMOLITION • ASSESTOS & LEAD ABATEMENT + INSULATION CHANGE ODDER. #1 ASBESTOS SERVICES January 11, 2000 LIST OF PROPERTIES (Pricing provided for ALL Properties on scope) 0 3106 Big Dalton $750.00 0 3108 Big Dalton $1,000.00 3112 -3116 Big Dalton $2,500.00 • 3144 Big Dalton $1,900.00 • 14404 Merced $16,700.00 • 14420 Merced $1,800.00 + 14426 Merced $5,500.00 14257 Garvey NONE- DETECT • 14434 Garvey $ 1,700.00 • 14436 Garvey NONE DETECT 14439 Garvey $5,400.00 r 14442 Garvey NONE DETECT 14448 Garvey $900.00 TOTAL PRICE FOR ASBESTOS SERVICES $38,150.00 (Note changes in pricing for stucco work) SEE SURVEY ATTACHED r r t Page I 29160 GOETZ ROAD + QUAIL VALLEY, CALIFORNIA 92587 (903) 244 -5737 • FAX (909) 244 -5738 01/12/2000 17:14 9092445736 ENV CONTROL SYSTEMS PACE 64 ENVIRONMENTAL CONTROL, SYSTEMS, P C. Environmental Control Systems, Inc. (Contractor) is submitting the following Clxange Order No. I per Contract Agreement # 99 -1 Original Contract Change Order No. 1 Revised Contract CONTRACTOR. Environment Control Signatur' 4Title) $ 106,200.00 $ 3$,x.50.00 $ 144,350.00 Inc. PAGE 2 OWNER City of Baldwin Park Signature (Title) JAN -07 -00 04:07 PM PACIFIC SW GROUP 949 +8510975 P',.02 7. Gl �ri�'Jri U z 12 R.r Q � . Attachment #2 u� �O zzzz U Q •,zz 7. Gl �ri�'Jri U z 12 R.r Q � . 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Ai II 7T gLlkJA gwgiqAn -inAINnn AN-q 9P1gbb7FA R RT:bT AAR7IFT /TA .,.•.- 12 -9FJ 49"16 AM P"CYPEC SW GROUP 10979 P.66 r-� l P 7 7ggVA �D R o u� U A.� U All z A q 0. .,InJ,:i I c�Ac; ins I Nn,) !W� 9E2-9vtzGoG 0T:tiz 000VEVTO O U ri .,InJ,:i I c�Ac; ins I Nn,) !W� 9E2-9vtzGoG 0T:tiz 000VEVTO COMMUNITY REDEVELOPMENT AGENCY AGENDA COUNCIL CHAMBER DECEMBER 1, 1999 14403 E. PACIFIC AVENUE JAN 1 9 2000 WEDNESDAY BALDWIN PARK, CA 91706 ITEM NO 1,F 7:00 P.M. . The COMMUNITY REDEVELOPMENT AGENCY of the City of a w n Park met in regular session at the above time and place. ROLL CALL. Present: Member Ricardo Pacheco, Linda Gair, Marlen Garcia, Member William "Bill" Van Cleave, and Chairman Manuel Lozano. Also present: Arnold Alvarez- Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard A. LeGarra, Chief of Police; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro, City Treasurer; and Rosemary M. Ramirez, Deputy City Clerk. CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows: Member Garcia pulled the following item for discussion: 1) 1 -A — APPROVAL OF MINUTES CERTIFICATE OF POSTING Certificate of Posting for December 1, 1999, was approved. WARRANT REGISTER NO. 496 Warrant Register No. 496 was approved. ROBERT LEA AND ASSOCIATES Executive Director Keller was authorized to execute PROPOSAL an agreement with Lea and Associates in the amount of $40,000 for appraisal services. CONSENT CALENDAR APPROVED A motion was made to approve the consent calendar as presented. MOTION: Member Gair SECOND: Member Van Cleave Motion carried. APPROVAL OF MINUTES Member Gair stated that because she was not in office during the time for which the minutes are presented for approval, she would abstain. Community Redevelopment Agency Minutes — December 1, 1999 Page 2 A motion was made to approve the minutes of September 15, October 6, October 20, November 3, and November 17, 1999, as presented. MOTION: Member Gair SECOND: Member Van Cleave ABSTAIN: Member Garcia Motion carried. PUBLIC HEARINGS JOINT PUBLIC HEARING ON THE At this time, the Chairman opened the Community DISPOSITION AND DEVELOPMENT Redevelopment Agency meeting for the purpose of AGREEMENT AND GROUND LEASE conducting the Joint Public Hearing with the City FOR A PROPOSED SENIOR PROJECT Council. WITH BALDWIN PARK SENIOR APARTMENTS, LP., A LIMITED Rick Forintos Interim CRA Director, stated that this PARTNERSHIP THAT INCLUDES Public Hearing is continued from November 17, 1999. KAUFMAN AND BROAD MULTI HOUSING Mr. Forintos distributed copies of additional information GROUP, INC (DEVELOPER) related to this matter, to the City Council and the City Clerk. Mr. Forintos stated that the City Council /Agency approve the Disposition and Development Agreement, Lease Agreement, and the In -Lieu Payment Agreement. Member Van Cleave questioned as to why the City Council is just now being advised that the proposed project is partially on private property when in fact, six months ago, Laurie Kern brought this issue up to staff's attention. Mr. Forintos stated that he picked up the project after the Community Development Director left and based on existing data, it appears as if those parking spaces are on private property. Chairman Lozano stated that this public hearing was continued from November 17, 1999 and declared it OPEN for public participation. Alexis Gevorgian stated that in the original survey, Kaufman & Broad was aware of the fact that the proposed project was on private property. Kaufman & Broad have agreed to improve the property. Member Gair stated that if the property were private, Kaufman & Broad would have to acquire the owner's permission in order to improve the property. What Community Redevelopment Agency Minutes — December 1, 1599 Page 3 happens if in the event, the owners do not grant permission? Alexis Gevorgian responded to Member Gair's question stating that since Kaufman & Broad would be paying for the improvements, he did not foresee any problems with acquiring owner's permission. City Attorney Alvarez- Glasman stated the City's only participation, with respect to this issue, would be to deed the property that is city owned. Member Gair asked Mr. Gevorgian Kaufman & Broad kept their promise to contact each business in an effort to get their input on this development? Mr. Gevorgian stated Kaufman & Broad did in fact personally contact the businesses and informed the businesses that they were available to answer any questions and/or address their concerns. Mr. Gevorgian reminded the City Council that the item before them this evening was the same agreement that was passed in July, which was the Owner Participation Agreement. That agreement was approved because the developer wanted to apply for their tax credits. The original intent was to pass a Development Disposition Agreement. The only difference is that they added in lieu fee that Member Gair had requested. The city would be receiving the lieu fee for the next 57 years and it will increase 2% a year. Every other issue in the agreement is the same as what has already been approved under the Owner Participation Agreement. All that the City Council is doing this evening, is converting the Owner Participation Agreement to a Disposition and Development Agreement. Any other issues not related to the Disposition Development Agreement can be discussed and conditioned during the Planning and Design and Review process. Laurie Kern, business owner, stated that she has two properties involved in this development. One property will benefit the other one will lose. Ms. Kern feels that we need more businesses that will bring in additional taxes to the City. The proposed property is commercial property that we need for businesses. Ms. Kern expressed concern that if this project passes, will that terminate the C-1 zoning for her property? She also stated that there already exists, a severe traffic and parking problem. There is not enough parking for the businesses, employees or customers. Ms. Kern stated Community Redevelopment Agency Minutes — December 1, 1999 Page 4 that if this project passes, she would like a deed for the ingress and egress, that way, they will not shut off Sterling Way. Dr. Louis Ariaza stated that the developer never contacted his business. Mr. Ariaza's main concern with this development is the traffic and parking. This project is going to create a lot of additional problems. Mr. Ariaza would like to know how they are going to facilitate the parking for the businesses. Dr. Kirk Gair also stated that he is concerned with the parking. Mr. Gair also stated that no one contacted him either. He is also curious to know if they went out to other businesses. Mr. Gevorgian acknowledged the parking issues stating that this is the reason Kaufman & Broad decided to develop senior housing, which will require less parking. Utilizing this site as a commercial use will create a greater parking problem. In response to contacting the business, Mr. Gevorgian stated that they left cards for those businesses that were not available in addition, the city published notices three times. This is the fourth hearing. Mr. Gevorgian reminded the City Council that discussions on design this evening are premature, but when that time comes, Kaufman & Broad will be meeting with the business owners. Dan Trunco, resident, asked council how many senior citizen buildings are they going to build in Baldwin Park. The City does not need that many buildings. Roy Tess, resident, asked the council to visit the proposed site between 3 -4 p.m. and try to find parking. Another point that deserves serious consideration is that a 56 -unit building is too much. The Senior Citizen's Center and senior programs are overcrowded now, and is concerned that by building additional senior housing, the needs of the seniors would not be met. Mr. Tess stated that more is not always better. Ana Montenegro stated that had an aunt that lived at the Telacu Apartments and stated that two bedroom apartments created many problems. Ms. Montenegro hopes that the City Council reconsider building two bedroom apartments. Community Redevelopment Agency Minutes — December 1, 1999 Page 5 Andrew Steiner 4027 N. Maine stated that he liked the plan however, on the corner of his building on Ramona and Maine. The sidewalk used to be 1lfeet. They took out 8 feet and now there is only 3 feet left. There is no room for the seniors to walk on. Mr. Steiner asked the City Council to please look into that matter. People really have no other access to Ramona except on the side of his building. Mr. Gevorgian stated that Kaufman & Broad is completely open to building one - bedroom apartments if that is what the City Council requests. He again reminded the City Council that what is being heard tonight has nothing to do with design. The specific plan has already been approved. There was no one else wishing to speak therefore, Chairman Lozano declared Public Hearing CLOSED. Member Pacheco requested staff and the developers to bring back statistics that indicate the city's needs to build senior housing. Regarding the traffic and parking issues, Mr. Gevorgian replied that at the last hearing, a third party consultant prepared an independent study on parking and traffic flows as it compares to commercial uses. The study indicated that the number of stalls that the developers are proposing is adequate. In response to the senior housing needs, Mr. Gevorgian stated that they have conducted studies all around this region and there does exist a need for senior housing. He stated that a building of this size would probably have a 500- person waiting list. Member Pacheco would like to see the statistics as they relate to the City of Baldwin Park's needs. Member Van Cleave stated that he is very concerned with this project. He has had various phone calls from businesses saying that they have not been contacted by the developer. He is also concerned that the plan calls for two bedrooms rather than one - bedroom apartments and, with the issue of meeting senior citizen's needs as they relate to overcrowding issues. Additionally, the land information was just received this evening. There is no way we can be expected to make a decision on something that has not been received in time to review. I am disappointed in how this has been handled. Community Redevelopment Agency Minutes — December 1, 1999 Page 6 Member Gair apologized for not being able to look more into this project. She expressed concern that there was no mailing made to business owners about the project. Whether there was a legal regiment or not, the Chairman made it very clear that he wanted the businesses to be involved. Member Gair stated that she voted on the Owner Participation Agreement at the last meeting simply to allow the developers to submit their application for non- profit status. Baldwin Park has reached a limit on non- profit status. The latest report on the Downtown Central Business has gone down 8% due to resident and commercial exemption. Member Gair also commented on the parking issues, stating that there is no way to resolve this issue for businesses - and they come first. Member Gair also stated that she does not think that there are that many Senior Citizens in the City of Baldwin Park with housing needs. Member Gair stated that it does not make sense for the City to spend $375,000.00, $275,000.00 of Housing set aside funds. And to turn around and sell a piece of property worth $375,000.00 of taxpayers money for one dollar a year for 57 years does not sound good. if we could get a project that was worth 5.5 million dollars we could get the property taxes that are worth $400,000.00 a year off of sales tax. Mr. Broad is going to make $283,000.00 a year and the city makes $1.00. Member Gair stated that there is too much to think about and this is something that she could not vote on. Chairman Lozano directed this matter to staff and Interim Chief Executive Officer Keller for further study and follow up. He also encouraged developers to meet with the businesses. Member Van Cleave would like all the businesses to be re- noticed of the meeting. A motion was made to continue this matter to January 19, 2000. MOTION: Member Gair SECOND: Member Van Cleave Motion carried. Community Redevelopment Agency Minutes — December 1, 1999 REPORTS OF OFFICERS. COMMISSIONERS, AND COMMITTEES Wage 7 REQUEST TO CONTINUE Upon request of applicant Joe Garrett, of Watermill WATERMILL EXPRESS REQUEST Express, this matter was continued to an unspecified TO INSTALL VENDING MACHINE future date. AT TACO READY MOTION: Member Van Cleave SECOND: Member Gair Motion carried ADJOURN There being no further matters to be discussed, the meeting was adjourned at 9:32 p.m. Approved as presented by the Agency at their meeting held January 19, 2000. Rosemary M. Ramirez Deputy City Clerk Dayle Keller Agency Secretary COMMUNITY YREDEVELOPMENT t � AGENCY AGENDA all- da4 It 1 CITY OF BALDWIN PARK STAFF REPOT' 1 1999- - BAt.DWI N am P•R R• K Mill No. 2w TO: Honorable Mayor and .City Council /Agency Board ofDirectors FROM: Dayle Keller, Interim Executive Director .DATE: December 1, 1999 SUBJECT: Joint Agency and City Council Public Hearing on the Disposition and Development Agreement and Ground Lease Between the Baldwin Park Redevelopment Agency and Baldwin Park Senior Apartments L.P., A Limited Partnership that includes Kaufman and Broad Multihousing Group, Inc., for a 56 unit senior housing project. PURPOSE The purpose of this report is to recommend approval of the above agreement with Kauffman and Broad Multi- Housing Group, Inc. for the development of a 56 -unit low- income Senior Housing development on the City /Agency's Sterling Avenue property within the Central Business District Redevelopment Project Area. - This staff report includes the Summary Report in compliance with Section 33433 of the California Community Redevelopment Law (Health and Safety Code Section 33000 et. Seq.). The project is a 57 year Ground Lease between the Agency and Kaufman and Broad -Multihousing Group. BACKGROUND The proposed 56 Senior Citizen Development was approved on'July 14, 1999, by the Agency and City Council in the form of an Owner Participation Agreement to allow the Developer's to initiate additional. County and State tax credit funding for this proposed project. However, the Agency must now formally, approve the revised proposed Disposition and Development Agreement and Lease Agreement. The Public Hearing was published on October 28 and November 4, 1999. Exhibit A, Site Map, describes the 1.44 acre site (59,000 -sq. ft.) and shows the adjacent Ramona retailers. Staff and Agency Attorney have worked with the developers for approximately one year on, the proposed development on the City /Agency's Sterling Avenue property. The goals of this project are to increase residential uses in the downtown /civic center area, promote pedestrian linkages to the adjacent Ramona retail. areas, the post office, community center and other related uses. Simultaneously, the City wants to increase parking areas and upgrade the back facades of the adjacent businesses that front on Ramona Boulevard. A Facade Program for perhaps 2 -3 buildings will be considered in the upcoming Agency budget. REDEVELOPMENT HOUSING The Agency has a need to replace housing demolished in the various redevelopment areas. Based on our Affordable Housing Plan submitted to City Council last February, we have a need to replace 314 bedrooms, which include demolitions from the 24 -acre project. The proposed 50 to 56 units will have a total of 68 bedrooms, all of which will count in our Housing Replacement Needs. The 50 to �56 units will rent to low income seniors on fixed incomes between 50% to 80% of median income. Assuming a 56 -unit project, these will be 44, 1 bedroom units and 12, 2 bedroom. DISCUSSION Existing and Proposed Parkin The Agency owns the Sterling Avenue parcels. The City of Baldwin Park owns the adjacent parking lot. Exhibit B, shows all existing parking on the site and adjacent Ramona retail. uses. Table 1, below is an analysis of existing and proposed parking. Customers and employees of the existing stores within this rear block of Ramona Blvd. have established an informal pattern of parking at the backs of many of the stores. Most of these parking spaces are . unpaved and difficult to access. The majority of the lots \A ithin this block are landlocked from the rear (south), they are only accessible by crossing over an adjoining parcel. The proposed plan will correct this situation by establishing an easement for ingress and egress, and by providing paved parking stalls and driveways. Although the Project calls for the existing 30 public parking spaces to be removed, 33 new parking spaces. are proposed alorig the rgar building walls of Ramona Blvd. shops to replace the existing informal (dirt and gravel) parking stalls. By Zoning Code, all properties are required to provide private on -site parking stalls based on the size and use of the respective buildings. The 14300 block of Ramona Blvd. is unique, in that the majority of parking spaces for the entire block is provided by the City owned parking lots at no cost to. the property owners. The existing businesses are supplying only 17% of the parking that would normally be provided by comparable commercial properties. When the City owned' parking stalls are counted, the percentage of parking stalls required by Code is increased to 60 %. The proposed project will result in a net increase of approximately 15 parking stalls within the rear entire block of Ramona Blvd., and increase the percentage of Code required parking to 64 %. A breakdown of existing and proposed parking is shown in the following table: 2 Location of Parking Stalls within 14300 Block Existing Pro osed # of Stalls % of Code # of Stalls % of Code Front Public Owned 82 NIA 82 NIA Rear: Public owned 30 NIA 32 NIA Rear: Private (K &B) 44 17% 57 23% Subtotal 156 60 %* 171 64 %* Off -Site 8 NIA 8 N/A Total 164 NIA 179 NIA * The subtotal % of Code counts City owned parking toward meeting the Code requirements; for parking. Source: City Planning Dept.) Planning Commission Approvals /Environmental On June 16, 1999 The Planning Commission approved specific plan 99 -2 including zoning, parking, environmental review and design review. The developer is required to come back and obtain a Development Permit from the Planning Commission next year that includes completed plans. Exhibit C is the site plan with proposed Developer buildings and parking. -.For customer convenience public parking is located around the project and behind the existing Ramona stores. Approximately 15 net new public parking spaces will be available after the project is completed. School District Parcel The subject parcel is located on the edge of. the site. The property is approximately. 1960 sq. ft. in size and is a left over remnant parcel when the street was improved ;in the 1940's. However, the Developer will revise the site plan, if necessary, to work around this parcel. The Developers Kaufman and Broad are one of the largest residential developers in the country. While their primary concentration is on single family development, they are also focusing on low income multi- housing development opportunities that take advantage of state and federal tax credit financing. In.order to take advantage of the tax credit provision you must have a not for profit company. The developers are asking for the City /Agency to provide a long -term "Ground lease" of the land for the development. The developers are also proposing to submit a proposal to the Los Angeles Community Development Commission for the City of Industry's housing funds to provide additional gap financing and also submit for federal and state tax credits. Disposition and Development A reementlGround LeaselIn Lieu Pa ment The attached Disposition and Development Agreement, includes a 57 -year ground lease, and the Summary Report per Section 33433. The 33433 Report outlines the basic terms and conditions of the proposed project (See Exhibit D). The Developer's schedule calls for: 3 1. Tax credit approval March 2000 2. Complete Architectural Plans June 2000 3. Start Construction August 2000 FISCAL IMPACT The Agency purchased the Sterling Avenue property in 1998 for $275,000 using 20% Housing Funds. The City owns the parking -lot. The City and Agency would continue to own the land but would provide a 57 year ground lease to the developer rented at one dollar per year. The developers would pay for all physical on -site and off -site improvements, estimated at $5.5 million, maintenance; pay related taxes in addition to an "in- lieu" payment (+ $5,000 per year plus 2% annual income) of traditional tax increment revenue the Agency would typically collect property tax if it was a profit project; and management for the term of the lease. At the end of the 57 -year lease the Agency would own the housing development. RECOMMENDATION Staff recommends that the Agency Board of Directors approve the attached Disposition and Development Agreement, Lease Agreement and In -lieu Payment Agreement. If the Agency Board and the City Council concur with staffs recommendation, the appropriate action would be: Motion: To approve resolution #347, a resolution of the Board 'of Directors of the Redevelopment Agency ( "Agency") of the . City of Baldwin Park approving the Disposition and Development Agreement ( "DDA ") with Ground Lease with Baldwin Park Senior Apartments L.P., A Limited Partnership that includes Kaufman and Broad MultiHousing Group, Inc. ( "Developer") pertaining to the Disposition and Development of Real Property located in the Central Business District Redevelopment. Project Area and making Findings therefore as required by Health and Safety Code Section 33433. Motion: To approve resolution #99 -94, A resolution of the City ( "City") of Baldwin Park approving the Disposition and Development Agreement {"DDA") with Ground Lease with Baldwin Park Senior Apartments L.P., A Limited Partnership that includes Kaufman and Broad MultiHousing Group, Inc. ( "Developer") pertaining to the Disposition and Development of Real Property located in the Central Business District Redevelopment Project Area and making Findings therefore as required by Health and Safety Code Section 33433. Exhibits: A Site Area Map B Existing Parking C Proposed Site Plan and all new parking D Summary Report ( "33433 ") E DDA, Lease and In -Lieu Agreement Report Prepared By: Rick Forintos, Redevelopment Project Manager W Iqla CITY OF BALDWIN PARK MEMORANDUM BALDWIN P•A,R,K TO: Honorable Mayor and Counciimembers W 4— FROM: Richard E. Forintos, Interim Community Development Directo DATE: January 18, 2000 SUBJECT: Additional Items Related to Kaufman & Broad Public Hearings on January 19, 2000 Please find attached additional materials provided by the Chamber of Commerce regarding the proposed Kaufman and Broad Project Senior Housing Project. As Councilmembers may be aware, the Chamber of Commerce hosted an information meeting on December 16, 1999 regarding the proposed senior housing development. As a follow -up, the Chamber began calling the merchants and walking Ramona Boulevard on January 13, 2000 to determine if merchants and /or property owners would be in favor or not in favor of the proposed project. The Chamber passed out site plans and surveyed each interviewee. Of the eleven (11) merchant interviews, the informal survey indicated that a majority of the merchants and or property owners did not favor the proposed project. This item is identified as Attachment #1. Report Prepared By: Amy L. Harbin, Acting Principal Planner e- niail: bal. dwinparkehamber @worldnet.att.net January 18, 2000 Mr. Rick Forintos City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Dear Rick: As you know, the Chamber of Commerce hosted an informational meeting on December 16, 1999 regarding the proposed 56 -Unit Kaufman & Broad Senior Housing Project. At that meeting, several property owners present asked if the merchants along Ramona Blvd. were in favor of the project or not. The Chamber staff volunteered to poll the merchants in order to answer that question. Attached is a copy of the results of that opinion poll which I promised the merchants that I would submit to the City Council. ]Please see that all members of the Council have an opportunity to see this document before the regularly adjourned Council meeting on January 19. Your help is appreciated. Sincerely. Carroll Oliver Executive Director Enclosure 1° C'n ` (� 1 cn r- l � O N r cc 1 I IL rr iM1 � \ -1 U Q M � C p 4t l � E E Ell � GJ ccS d- •J',tJ � � f � r a� d1 U �i �Cdi i .o 1° C'n ` (� 1 cn r- l I IL rr iM1 � \ -1 4t l � E E cz � A d- •J',tJ � � f 1° C'n ` (� 1 cn r- l KAUFMAN f B R 0 A D RECEIVED Tuesday, January 18, 2000 JAN 19 2000 Linda Gair CITY OF BALDWIN PARK Councilmember CITY CLERK'S DEPARTMENT City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CAt' Re: Senior I'IOU,. Proposal At the request of the Council, I have met with each of the neighboring property owners to better understand the needs and issues of the community. In my meetings with the neighboring property owners, I have learned a great deal about their issues and concerns are. The following is a list of the issues along with our proposed mitigation measures: Non - Seniors Living In the Units The property will continue to be owned by the City of Baldwin Park and the Baldwin Park Development Agency. The ground lease, Conditional Use Permit in addition to certain deed restrictions will restrict Kaufman & Broad from allowing non - seniors to live in the project. If Kaufman & Broad rents the units to non- seniors, the Conditional Use Permit may be revoked by the City or the City can simply call a default under the terms of the ground lease. Blocking of Commercial Parkin The plans are not designed such that the neighboring commercial properties will have their parking blocked. This issue will be addressed in greater detail at the design review board hearings. Easements The adjacent property owners currently have prescriptive easements over the City owned properties. Kaufman & Broad, in cooperation with the City, will grant the neighboring commercial properties express easement rights. Therefore, the neighboring property owners will not be restricted from getting to their property and will not have to pay legal fees to perfect their prescriptive easement rights. City Tax Base KAUFMAN AND BROAD MULTI -1-10 USING GROUP, 1NC. J20 GOLDEN SHo RF SUTTI: 200 LONG BEACH CA 908 ©2 -42I7 TEL 561.256.2006 FAX 562.256.2001 The City property currently generates zero tax revenue and must also maintain the property for weed abetment. Furthermore, the property needs to be insured by the City for potential liability. The proposed project, based on the attached proforma, will generate approximately $11,159,000 of revenue for the City in-the next 55 years. On a present value basis, at a 4% discount rate, this cash flow is worth over $1,700,000. Given the fact that the City purchased the property for $300,000, the City will have made a reasonable investment on its money. Furthermore, the City will add 54 units to its affordable housing stock which will also count toward the State affordable housing mandate, Lighting Kaufman & Broad will provide for as many lights as is required by the City Design Review Board. The neighboring property owners will have the opportunity to be heard for the lighting issues at the Design Review Board meeting. Parking The submitted plan requires that Kaufman & Broad provide 15 additional stalls over and above the existing parking. If the City allows for a 5 stall reduction for the senior project, which the City has indicated that they will, we will provide an additional 5 extra parking stalls for the commercial City properties. Should you have any further questions please contact me at 805 -689 -9129. Respectfully, Alexis Gevorgian Director, Land Acquisitions CC: Arnold Glasman, City Attorney Betty A. Eslow Lori Kern BALDWIN PARK SENIOR APARTMENTS, LA COUNTY, CALIFORNIA DEVELOPMENT COSTS 1 SOURCES AND USES NET PRESENT VALUE CALCULATION 18- Jan -2000 TOTAL TOTAL LEASE AVAILABLE PERCENT IN LIEU PAY CITY ANNUAL RESIDUAL YEAR YEAR CASH FLOW TO CITY RENT PAYMENTS LEASE PMT VALUE 2000 Developm't 0 0 0 2001 ConsfiLseup 0 0 0 0 2002 1 5,241 25% 5,000 1,310 0 6,310 2003 2 9,411 25% 5,100 2,353 7,453 2004 3 13,679 25% 5,202 3,420 8,622 2005 4 18,047 25% 5,306 4,512 9,818 2006 5 22,517 25% 5,412 5,629 11,042 2007 6 27,090 25% 5,520 6,772 12,293 2008 7 31,768 25 0.6 5,631 7,942 13,573 2009 8 36,552 25% 5,743 9,138 14,882 2010 9 41,445 25% 5,858 10,361 16,220 2011 10 46,448 25% 5,975 11,612 17,588 2012 11 51,562 25% 6,095 12,890 18,986 2013 12 56,789 25% 6,217 14,197 20,414 2014 13 62,131 25% 6,341 15,533 21,874 2015 14 67588 25% 6,468 16,897 23,365 2016 15 73,163 25% 6,597 18,291 24,888 2017 16 78,857 25% 6,729 19,714 26,444 2018 17 84,671 25% 6,864 21,168 28,032 2019 18 90,606 25% 7,001 22,651 29,653 2020 19 96.663 25% 7,141 24,166 31,307 2021 20 102,845 25% 7.284 25,711 32,9% 2022 21 109,151 25% 7.430 27,288 34.718 2023 22 115,583 25% 7,578 28,896 36,474 2024 23 122,142 25% 7,730 30,535 38,266 2025 24 128,828 25% 7,884 32,207 40,092 2026 25 135,642 25% 8;042 33,910 41.353 2027 26 142,584 25% 8,203 35,646 43,849 2028 27 149,656 25% 8,367 37,414 45,781 2029 28 156.857 25% 8,534 39,214 47,749 2030 29 164,188 25°x6 8,705 41,047 49.752 2031 30 171,648 25% 8.879 42,912 51,791 2032 31 318,758 25% 9,057 79,689 88,747 2033 32 326,476 25% 8,238 81,619 90,857 2034 33 334,323 25% 9,423 83,581 93,004 2035 34 342,297 25% 9,611 85.574 95.166 2036 35 350,398 25% 9,803 87,600 97,403 2037 36 358.624 25% 9.999 89,656 99,656 2038 37 366,974 25% 10,199 91,744 101,943 2039 38 375,447 25% 10,403 93,862 104,265 2040 39 384,039 25% 10,611 96,010 106,621 2041 40 392,749 25% 10,824 98,187 109,011 2042 41 401,574 25% 11,040 100,393 111,434 2043 42 410,511 25% 11,261 102,628 113,889 2044 43 419,556 25% 11,486 104,889 116,376 2045 44 428,707 25% 11,716 107,177 118,893 2046 45 437,958 25% 11,950 109,489 121,440 2047 46 447,304 25% 12,189 111,826 124,016 2048 47 456,742 25% 12.433 114,185 126,619 2049 48 466,264 25% 12,682 116,566 129,248 2050 49 475,866 25% 12,935 118,966 131,902 2051 50 485,540 25% 13,194 121,385 134,579 2052 51 495,278 25% 13,458 123,820 137,278 2053 52 505,074 25% 13,727 126,268 139,996 2054 53 514,918 25% 14,002 128,730 142,731 2055 54 524,801 25% 14,282 131,200 145,482 2056 55 534,714 25% 14,567 133,678 148,246 12,433,527 14 3,242,060 3,735,007 TOTAL OF LEASE PAYMENTS: 3,735,007 REVERSION VALUE (Year 55) 8.50 °6 CAP RATE 7,424,797 TOTAL PAYMENTS: 11,159,804 NPV OF LSE PAYMENTS 4.00% DISCOUNT RATE 928,000 NPV OF REVERSION @: 4.00% DISCOUNT RATE 859,000 TOTAL PRESENT VALUE: 1,787,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 BALDWIN PARK SENIOR APARTMENTS, LA COUNTY, CALIFORNIA PRO FORMA INCOME AND EXPENSE SUMMARY 3 Story 19% Tax Credit I Conventional Financing 18- Jan -2000 NUtv16ER -TYPE SQUARE MED. INC. ALLOWED OPENING UTILITY MONTHLY TOTAL RENT OF UNITS OF UNIT FOOTAGE I RESTRICT. RENTlMO. RENT /MO- ALLOW, RENT RENT PER S.F. 9 1 BD - 1 BA - Flat 525 40.00% 391.68 392 42 350 3.147 0.67 36 1 BD-1 BA-Flat 525 50.00% 489.6 490 42 448 16,114 0.85 2 2 BD -1 BA -Flat 700 40.00% 471.24 471 53 418 836 0.60 9 2 BD - i BA - Flat 700 50.00% 588.54 589 53 536 4,820 077 Rec. Build. 1,600 Other 0 56 32,925 27,390 27,390 2,473 24,917 24,917 AVERAGE AFFORDABILITY: 48.043% FMR COMPARISON: NA HIGH RENT BURDEN: NA GROSS RENTAL INCOME 299,005 MISCELLANEOUS INCOME 5__ 376 $8.00 PER UNITIMO. ADJUSTED GROSS INCOME 304,381 VACANCY ALLOWANCE 5.00% (15,219) EFFECTIVE GROSS INCOME 289,162 OPERATING EXPENSES 1 Personnel Casts 39,200 2 Administration/General 4,200 3 Marketing Expense 91000 4 Repairs & Maintenance 5,600 5 Cleaning & Decorating 4,200 6 Contract SerAms 4,200 7 Professional Fees 21500 8 Utllltles 11,200 9 Real estate taxes 10,000 10 Insurance 16,800 11 Miscellaneous (Bus. License, etc.) (11050) 12 Management Fee 6.00% 17,350 TOTAL OPERATING EXPENSES (123,200) $2,200.00 PER UNIT 12 OPERATING RESERVES 0 0.00% OF EGI 13 REPLACEMENT RESERVES (11,200) $200.00 PER UNIT TOTAL OPERATING EXPENSES AND RESERVES (134,400) $2,400.00 PER UNIT NET OPERATING INCOME 154,76; 411 G c LL a LL m m° 7 n�a m�aoo° mm q�n rl h o n n mm° c7oaa N r m st7 r $44q_. �4aiv W `- N ��'•umi� nv N u� vN oQ�7 a v "N o v Il7F[7vio m c-raao m mtl om nm °'"' Ke m o� mwGnrn m az g C, mam n n cq MOO (� (py M "_ V r "' P �++ tl �• •� m O co pMp p GO 10 W O O tl tl O �V O g 0 PM Y r O Or M�(V N~ O(V Y N 1(!�7 MtOlrfO Q�004C? 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"Oq ' ctri r m P medm to � oPOCr m C000 m N fY & -9 0 N Q.6 nGS�i y ui go Nf� m� a �c GO:s v a m vW �1p m h � a c�ageirio OCR; m NMOO y(G o o O CS C= 47 w m LO ... m M r w- $ CS C] tl mr g to ro o (n W l3! � v w� � v O Q U1Zma a s 4 viW Lb7 LL� a a rym �o x t� 1=aa asiL!E49 S uv�1ri Op C, o u7 as 3� w U�4 wif) 2di=z � i Z ZV �d �� Z ZZ) E-v1 h- ELJ Wd !- 111 "mW WEmil C W C>r� 4KQ f=if 4029 It D1r� d 00'-00 O ZC OQ C Q u S20- Q0.0 U NATIONAL SURVEY SYSTEMS `the eyes and ears of the building industry January 18, 2000 Mr. Patrick Simons KAUFMAN AND BROAD MULTI- HOUSING GROUP, INC. 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 A&� II-Ifl;­000 RE: SENIOR APARTMENT DEMAND ANALYSIS — BALDWIN PARK, CALIFORNIA Dear Patrick: These findings derive from market research on senior apartments National Survey Systems has performed in the San Gabriel Valley over the last 10 years, including the following specific full -scale studies: • due diligence and feasibility study on Heritage Park/Duarte tax credit conversion, for Meta Housing (John Huskey) • CHFA- commissioned analysis on Montebello Senior Villas, a 160 -unit senior tax credit project in Montebello (September 1998) • March 1998 market feasibility study on The Bedford Group's 61 -unit senior apartment project proposed for development at the southeast corner of West Garvey and Abajo Drive in Monterey Park • feasibility study on Victoria Woods /Rowland Hills for the project's permanent lender (Bankers Mutual) National Survey Systems, Inc. 18 Teehnoiogy Dr. Suite 200 Irvine, CA 92618 949 753 -1077 voice 949 753 -1145 fax 8W814-9595 toll -fee info@nss- usa.com email www,nss- usa.com Mr. Patrick Simons KAUI=MAN AND BROAD MULTI- HOUSING GROUP, INC. [Baldwin Park Senior Apartment Demand Assessment] January 18, 2000 Page 2 Additional material on National Survey Systems' background in this specialized segment of the senior housing market is provided in the APPENDIX to this report, along with all referenced exhibits. DEFINITION OF MARKET AREA As defined in this analysis, the Primary Market Area (PMA) consists of the geographic area anticipated to account for the majority (70 %) of the subject project's future residents. The PMA boundaries for affordable senior apartments in Baldwin Park were set on the basis of comparability of neighborhood composition, access /commute patterns, variances in rent/housing costs, and availability of other senior housing alternatives. The defined Baldwin Park PMA is generally bounded as follows: • on the west: Rosemead Boulevard • on the east: Grand Avenue • on the south: Interstate 10 • on the north: foothills /Los Angeles National Park Exhibit 1 shows the PMA boundaries. SURVEY PARAMETERS The survey parameters were designed to reflect projects that are most directly comparable to and potentially competitive with the subject project, a proposed 56 -unit age - restricted project to offer 1 BR and 2BR units at rents ranging from 30% to 60% of the Los Angeles County Median Area Income (MAI). (See Exhibit 2 for an overview of the proposed subject development.) Specifically: • All projects included in the audit are age - restricted ( "senior") apartment projects. • Senior projects that include meals, housekeeping or other services in the monthly rents were specifically excluded as catering to a different segment of the market. • Project -based Section 8 and other HUD projects, at which residents pay only 30% of their income toward the designated rent,' were also specifically excluded. 1 HUD projects do not, in our estimation, represent a meaningful test of the potential performance of LIHTC or Bond financed projects, since the portion of rent paid out of pocket by HUD residents (often just $100 to $150 per month) is not directly comparable to the out -of- pocket rents paid by LiHTC residents. Mr. Patrick Simons KAUFMAN AND BROAD MULTI - HOUSING GROUP, INC. [Baldwin Park Senior Apartment Demand Assessment] January 18, 2000 Page 3 SURVEY FINDINGS IIIIIRI National Survey Systems audited a total of 13 age - restricted ( "senior ") apartment projects in the Baldwin Park PMA in Fourth Quarter 1999. These projects are summarized in Exhibit 3; project locations are shown in Exhibit 4. Among 1,742 total senior apartment units surveyed, 742 units or 43% are "affordable" under varying income restrictions, and 1,000 units are market rate (i.e., age - restricted, but without limits on maximum incomes). SURVEYED SENIOR APARTMENT PROJECTS BALDWIN PARK PMA FOURTH QUARTER 1999 Number of Number of Percent of All Project Type Pro'ects Units Surveyed Market Rate Senior 7 1,057 61% LIHTC Senior 4 457 26% Mixed LIHTC /Bond Senior 2 228 13% TOTAL 13 1,742 100% UNITS BY AFFORDABILITY LEVEL market rate 1,000 57% affordable a 742 43% a) Includes set -aside units, LIHTC and Bond financed units across all project types. SOURCE: National Survey Systems Further breakdown of affordability by income level shows that about one -third (31 %) of the surveyed affordable units are held to 60% MAI income limits, and nearly half (44 %) are restricted at 50% MAI. Only 25% of the affordable units in the Baldwin Park PMA are at the 30% to 40% MAI levels to be included in the subject project. With income restrictions to range from 30% to 60% MAI, the subject project will offer units at rents comparable or superior to existing affordability norms in the Baldwin Park PMA. Mr. Patrick Simons KAUFMAN AND BROAD MULTI- HOUSING GROUP, INC. [Baldwin Park Senior Apartment Demand Assessment] January 18, 2000 Page 4 RESTRICTED UNITS BY PROJECT AND AFFORDABILITY LEVEL BALDWIN PARK PMA FOURTH QUARTER 1999 Project Year Built Total Number Restricted Percent of Median Area Income Under 50% 50% 60% Over 60% Senior- Market Rate Heritage Park 1985 188 0 Huntington Oaks Village 1988 167 51 51 Seasons Monrovia 1989 241 24 24 Soldano Village 1988 168 0 Villa Azusa 1979 147 65 65 Villa del Vista 1986 601 0 Vintage Park 1990 86 0 Subtotal, Market Rate 1,057 140 51 89 0 0 Senior -- Mixed Lark Ellen Village 19981 88 88 3 41 44 Village Green 1987 140 57 57 Subtotal, Mixed 228 145 3 98 44 0 Tax Credit Blessed Rock 1997 135 135 52 74 9 Heritage Park Duarte 19771 119 119 119 Palm Gardens 1967 89 89 78 11 Regency Court 1995 114 114 57 57 Subtotal, LIHTC 457 457 130 142 185 0 GRAND TOTAL 1,742 742 184 329 229 0 % Restricted 43% of Restricted (N =742) 25% 449/. 31% 0% SOURCE. National Survey Systems Occupancy Levels As of Fourth Quarter 1999, occupancy levels over all types of senior apartment projects we audited were very high, totaling 98.7°/x. With just eight (8) vacant units of 742 total, occupancy among the affordable senior apartment stock in the Baldwin Park PMA was running at 98.9% in Fourth Quarter 1999. Mr. Patrick Simons KAUFMAN AND BROAD MULTI - HOUSING GROUP, INC. [Baldwin Park Senior Apartment Demand Assessment] January 18, 2000 Page 5 OCCUPANCY BY PROJECT TYPE SURVEYED SENIOR APARTMENT PROJECTS BALDWIN PARK PMA FOURTH QUARTER 1999 Number Percent Project Type of Units Vacant Occupied Market Rate Senior 1,057 15 98.6% LIHTC Senior 457 8 98.2% Mixed LIHTC/Bond Senior 228 0 100.0% TOTAL 1,742 23 987% OCCUPANCY BY AFFORDABILITY LEVEL Market Rate Units 1,000 15 98.5% Affordable Units a 742 8 98.9% (a) Includes set -aside units, LIHTC and Bond units across all project types, SOURCE: National Survey Systems field audit MARKET DEPTH As a long - established housing market, the Baldwin Park area has a large base of households aged 65 and over — the primary target market for senior apartments. As of 1999, there were an estimated 25,576 households headed by someone 65 or older in the Baldwin Park PMA. (See CACI demographic data provided in Exhibit 5.) The income distribution of households age 65 and over shows that nearly half (49 %) of all 65+ households earn less than $25,000 per year, and nearly one -third (29 %) earn less than $15,000. (See graph provided as Exhibit 6.) Affordable senior housing is particularly well suited to the demographics of this market. Approximately 51% of the 65+ households in the Baldwin Park PMA would be income qualified to pay rents for 1 BR and 2BR units at 30% to 60% MAI .2 This translates to a potential demand pool of 13,055 households, as shown in the following chart. 2 The "low" rent used applies to 1 BR units at 30% MAI — $256 net rent— at a standard 2:1 income qualification ratio, annualized [$256 X 2 X 12 = $6,144]. The maximum income for the subject project was presumed to reflect a one - person household at 60% MAI [$21,540, per 1999 limits for Los Angeles County]. A separate, relatively small, additive was made to account for demand relating to two- person households. The modeling assumes that the majority of senior renters will be one - person households, consistent with actual residency patterns of senior apartments in California and other national markets. Mr. Patrick Simons KAUFMAN AND BROAD MULTI - HOUSING GROUP, INC. [Baldwin Park Senior Apartment Demand Assessment] January 18, 2000 Page 6 INCOME - QUALIFIED 65+ HOUSEHOLDS 30% TO 60% MAI INCOME BAND BALDWIN PARK PMA 1999 Income Range 65+ Households Subject Income Limits Income - Qualified 65+ Households Under $5,000 1,381 0 $5,000 - 9,999 3,055 $6,144 2,322 $10,000 - 14,999 2,953 2,953 $15,000 - 24,999 5,023 5,023 $25,000 - 34,999 4,243 $21,540 2,758 $35,000 - 49,999 3,667 0 $50,000 - 74,999 3,025 0 $75,000+ 2,229 0 Total 25,576 13,055 % Income Qualified 51.0% SOURCE: National Survey Systems Factoring in interest in 1) renting and 2) renting an age - restricted unit, the Baldwin Park market area is projected to support 2,863 units at the 30% to 60% MAI rent/income ranges targeted by the subject project, as summarized below. The Baldwin Park PMA represents a very deep market for senior apartments by Southern California standards, due to the combined effects of aging residents, a high proportion of renters, and the local senior household income distribution. Mr. Patrick Simons KAUFMAN AND BROAD MULTI- HOUSING GROUP, INC. [Baldwin Park Senior Apartment Demand Assessment] January 18, 2000 Page 7 PROJECTED DEMAND SENIOR APARTMENTS AT 30% TO 60% MAI BALDWIN PARK PMA 1999 Income Range 65+ Households Subject Income Limits Income- Qualified Households Baseline Penetration Rate a Adjusted Penetration Rate b Market Demand units Under $5,000 1,381 0 30% 30.0% 0 $5,000 - 9,999 3,055 $6,144 2,322 30% 30.0%- 696 $10,000 - 14,999 2,953 2,953 30% 30.0% 886 $15,000 - 24,999 5,023 5,023 20% 20.0% 1,005 $25,000 - 34,999 4,243 $21,540 2,758 10% 10.0% 276 $35,000 - 49,999 3,667 0 2% 2.0% 0 $50,000 - 74,999 3,025 0 1 % 1.0% 0 $75,000+ 2,229 0 1 % 1.0% 0 Total 25,5761 13,055 2,863 % Income Qualified 51.0% COMPOSITE DEMAND PENETRATION RATE As percent of Income Qualified 65+ Households: 21.9% As percent of All 65+ Households: 11.2% (a) Based on income distribution in PMA. (b) Adjusted for anticipated tenancy variances to baseline: assumes 15% couples; 30% importation; 20% aged 62 to 65 years. SOURCE. National Survey Systems SUPPLY /DEMAND COMPARISON To assess market depth, projected demand for senior apartment units in the 30% to 60% MAI rent/income ranges was compared against the existing supply of such units and units known to be "proposed" for development. (See Exhibit 7 for a summary of National Survey Systems' interviews with planning, redevelopment and building department officials representing all cities within the defined Baldwin Park PMA.) A total of seven projects, including the subject project, were identified as being in various stages of the planning /pre- development stages. These projects represent the potential addition of 768 units if all were in fact built. For purposes of this analysis, all other "proposed" senior projects were viewed as potentially competitive in assessing future competitive market conditions as they relate to the subject project. Mr. Patrick Simons KAUFMAN AND BROAD MULTI - HOUSING GROUP, INC. [Baldwin Park Senior Apartment Demand Assessment] January 18, 2000 Page 8 Comparison of the existing /future supply of senior apartments to projected demand shows this to be a severely under - supplied market. Even after construction of all known "pending" projects, including the subject project, there will remain a substantial undersupply equivalent to approximately 361 units. SUPPLY /DEMAND COMPARISON SENIOR APARTMENTS AT 30% TO 60% MAI BALDWIN PARK PMA FOURTH QUARTER 1999 No. Units Qualifiers Projected Demand 2,863 30% to 60% MAI rent/income band. Existing Supply 1,734 Excludes 8 existing units with rents over $898 — the theoretical maximum a senior with 60% MAI of $21,540 could pay, at 2:1 qualification ratio ($21,54011212). Note that maximum subject rent is just $571, and that analysis does not account for demand for market rate units related to seniors with incomes over 60% MAI. Pending Supply 56 SUBJECT PROJECT 77 Heritage Park at Monrovia 75 Telacu Las Palomas /Baldwin Park 100 Clippinger- PratUCovina (early planning stages) 71 Telacu /EI Monte 75 Rosemead Housing Authority 188 USA PropertiesAVest Covina (under construction) 125 Goldrich & Kest/West Covina under construction Subtotal, Pending 768 Assumes all units are directly competitive. Total Existing/Pending Existing/Pending Supply 2,502 SUPPLY/DEMAND 361 -unit undersupply even after construction of all known COMPARISON "proposed" projects, including subject project SOURCE: National SuM Systems ABSORPTION (LEASE -UP) RATES The leasing experience of senior apartment projects built recently in the Baldwin Park area clearly illustrates the pent -up market for senior apartments. Many of the projects targeted to affordable seniors have generated lengthy reservation lists, and the pre - leasing of most or all units before projects are even completed is common. A senior tax credit project in El Monte, Blessed Rock, was completed in September 1997. This 135 -unit project was absorbed in two months and had a 100- person waiting list one year later. Income restrictions range from 40% MAI to 60% MAI, with the bulk of the units (79 %) at 45% and 50% MAI. Mr. Patrick Simons KAUFMAN AND BROAD MULTI - HOUSING GROUP, INC. [Baldwin Park Senior Apartment Demand Assessment] January 18, 2000 Page 9 • The 88 -unit senior component of the 122 -unit mixed senior /family Lark Ellen Village tax credit project in West Covina, built by Thomas Safran & Associates, was 100% leased within one month of receiving Certificate of Occupancy. Pre - leasing began in July 1998, and the project went to lottery with 1,500 names in September 1998. Lark Ellen Village was 100% occupied by November 1998. CONCLUSION All of the supply /demand research National Survey Systems has performed in the Baldwin Park area shows this to be an extraordinarily high demand market for senior apartments -- particularly units targeted to low income seniors. New projects brought to market have experienced very rapid lease -up rates, well above the norms for Southern California, and existing senior projects are running at capacity, with strictly frictional vacancy. Even after completion of all known senior apartment units now in the pipeline — including the subject project — our research shows that the Baldwin Park PMA will continue to be characterized as an under - supplied market. Sincerely, NATIONAL SURVEY SYSTEMS l Ann erar Vice President Seniors /Multi- Housing Research COMMUN17Y REDEVELOPMENT r11111A AGE14CY AGE DA CITY OF BALDWIN PARK STAFF PORT BALDWIN i' A- ft• K MN NO. TO: Redevelopment Agency Board FROM: Richard E. Forintos, Interim Community Development Direct DATE: January 19, 2000 SUBJECT: Continued from December 1 1999, conceptual review by the Redevelopment Agency for a proposed water vending machine located in the parking lot of Taco Ready Restaurant; Location: 13621 Francisquito Avenue; Applicant: Joe Garrett representing Watermill Express. PURPOSE This report requests conceptual review by the Redevelopment Agency for a proposed water vending machine located in the parking lot of Taco Ready Restaurant. This property is located within the Sierra Vista Redevelopment Project Area and the project area plan requires that any new construction be reviewed and approved by the Redevelopment Agency prior to the issuance of any entitlements. BACKGROUND /DISCUSSION Plans have been submitted by Joe Garrett representing Watermill Express for a proposed water vending machine on a property which is within the Sierra Vista Redevelopment Project Area. The existing property is rectangular in shape and contains approximately 22,696 square feet (.52 acres). There are approximately 27 parking spaces which are utilized by the existing 1,600 square foot Taco Ready Restaurant. The current zoning of the property is C -2, General Commercial, which does permit vending machines as an accessory use. Three parking spaces will be deleted if the Agency approves the vending machine, however, the property provides parking in excess of what the City's Zoning Code requires for a restaurant, In July 1991, the City Council adopted Design Guidelines for Commercial and Industrial Development within the Sierra Vista Redevelopment Project Area. The .purpose of these guidelines is to further redevelopment efforts and improve the City's image through the promotion of high quality design and more orderly development. Additionally, the guidelines encourage integration of the physical architectural element with the streetscape and to visually screen undesirable elements such as storage, loading, and refuse collection from the view of access streets, freeways and adjacent properties. ClAmy's Files\WOROVREPORTStiAgency RepartslROA Repws513621 Francisquito4.dm Staff Report to the Redevelopment Agency Board January 19, 2000 SUBJECT: Conceptual Review -13629 Francisquito Avenue Page 2 At their meeting on October 6, 1999, members of the Agency Board expressed concern regarding the visual affects of the project and requested that the Applicant provide a rendering or photograph of a water vending machine (either existing or proposed) that incorporates the elements mentioned in the City's adopted Design Guidelines for the Sierra Vista Redevelopment Project Area. As Council is aware, the primary architectural theme for the Sierra Vista Redevelopment Project Area is Spanish Mediterranean whose elements include the roofs, cornice lines and earth -tone colors. The Applicant's original submittal included the same basic windmill structure, however, the primary color of the vending machine was a bright blue and there was no tile roof. It is staffs opinion that the proposed revised water vending machine's architecture style does meet the intent of the adopted guidelines which has a Spanish Mediterranean theme. The Applicant has shown a reddish /brown file roof and reddishlbrown colors on the windmill and the bollards. (An actual colors /tile sample board will be available at the meeting on January 19, 2000.) The proposed changes in color and roof style will incorporate and compliment not only Taco Ready, but also the Target Center across the street. RECOMMENDATION Staff recommends that the Redevelopment Agency conceptually approve the water vending machine proposed to be located at 13621 1=rancisquito Avenue. ATTACHMENTS 'Vicinity Map *Site and Elevation Plans REPORT PREPARED BY: Amy L. Harbin, Acting Principal Planner r r.. �\ 3314 rM • r v `� 3250 0 r 1 �I 1352 323 r . mac+':: ", rr 1 26 321 38 3250 r . • 13522 1354 • 3236 • rr 1381 •� 1 3203 � 3216 1 13 1 32DO 1381 381 31 9• rD • �yF�._ 3117 12 13 1A .31 •,'►✓ ,• 3 3 312 ,► ,. , ., O 12 13851 1 1 0 Conceptual Review Address: 13621 Francisquito Avenue Not to Scale f Watermitl Express t` m4 y IE T l COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 HOUSWO & RNMCING A'NDA DECEMBER 15, 1999 WEDNESDAY 7:00 P.M. The Housing & Financing Authority of the City of Baldwin Park met in regular session at the above time and place. ROLL CALL. Present: Member Ricardo Pacheco, Linda Gair, Marlen Garcia, Mayor Pro -Tem William "Bill" Van Cleave, and Chairman Manuel Lozano. Also present: Arnold Alva rez- Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard A. LeGarra, Chief of Police; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro, City Treasurer; Kathryn V. Tizcareno, City Clerk, and Rosemary M. Ramirez, Deputy City Clerk. CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows: POINT OF ORDER A motion was made to move City Council Item 1G — ANNUAL CONTRIBUTION CONTRACT RENEWAL FOR PROJECT CA 160 - 0003 -018 to the Housing Consent Calendar Agenda for approval. MOTION: Member Garcia SECOND: Member Van Cleave Motion carried. CERTIFICATE OF POSTING Certificate of Posting for December 15, 1999, was approved. APPROVAL OF MINUTES Minutes of September 15, October 20, and November 17, 1999, were approved as presented. ANNUAL CONTRIBUTION CONTRACT Agency Board approved the Annual Contribution RENEWAL FOR PROJECT CA Contract and authorized Interim Chief Executive 160- 0003 -018 Director Keller to execute the necessary documents. CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as presented. MOTION: Member Gair SECOND: Member Pacheco Motion carried. ADJOURN There being no further matters to be discussed, the meeting was adjourned at 10:44 p.m. Housing & Finance Authority Minutes — December 15, 1999 Page 2 Approved as presented by the Agency at their meeting held January 19, 2000. Rosemary M. Ramirez, Deputy City Clerk Dayle Keller, Agency Secretary .s R1 CITYOF HOUSING AUTHORITY BALDWIN PARK TO: Housing Authority Board Members FROM: Dayle Keller, Interim Executive Director DATE: January 19, 2000 IiBBAno.. A:�6 age STAFF REPORT SUBJECT: Section 8 Management Assessment Program (SEMAP) w 0-4 e This report requests the Baldwin Park Housing Authority to approve and ratify the SEMAP Certification as required by the U.S. Department of Housing and Urban Development (HUD). BACKGROUND As part of the reorganization of the U.S. Department of Housing and Urban Development, Congress has demanded more accountability from HUD and their recipients. Responding to the challenge, HUD has implemented the Section 8 Management Assessment Program. The SEMAP is the report: card for the Housing Authority's Section 8 Program. The SEMAP Certification reflects the Authority's Program status and gives HUD the insight to the Housing Authority's operation. DISCUSSION There are 14 performance indicators in the SEMAP, from the waiting list to lease -up. The SEMAP is due to HUD on an annual basis. While this SEMAP does no really count (test run), the next SEMAP, which is due on August 30, 2000, will count and will determine the future of the Baldwin Park Housing Authority. RECOMMENDATION Approve the SEMAP Certification and authorize its execution by the Chairman of the Housing Authority Board and the Interim Executive Director of the Housing Authority. Report prepared by: Tad Mimura Section 8 Management Assessment U•S' Department of Housing OMB Approval No. 2577 -0215 (exp. 11 3 112 0 0 0) and Urban Development Program (SEMAP) Office of Public and Indian Housing Certification Public reporting burden for this collection of information is estimated to average 5.0 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. This collection of information is required by 24 CFR sec 985.101 which requires a Housing Agency (HA) administering a Section 8 tenant -based assistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the HA concerns the performance of the HA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the information and other data to assess HA management capabilities and deficiencies, and to assign an overall performance rating to the HA. Responses are mandatory and the information collected does not lend itself to confidentiality. Instructions: Respond to this certification form using the HA's actual data. Check here if the HA expends less than $300,000 a year in Federal awards; Indicators 1 - 7 will not be rated if the HA expends less than $300,000 a year in a oral awards and its Section 8 programs are not audited for compliance with regulations by an independent auditor. An HA that expends less than $300,000 in Federal awards in a year must still complete the certification for these indicators. Performance indicators Selection from the Waiting List. (24 CFR 982.54(d)(1) and 982.204(a)) (a) The HA has written policies in its administrative plan for selecting applicants from the wasting list. HA Response Yes � No (b) The HA's quality control samples of applicants reaching the top of the waiting list and admissions show that at least 96% of the families in the samples wore selected from the waiting list for admission in accordance with the HA's policies and met the selection criteria that determined their places on the waiting fist and their order of selection. HA Response Yes E91 No EJ 2. Reasonable Rent. (24 CFR 982.4, 982.54(d)(15), 982.158(0(7) and 982.503) (a) The HA has and implements a reasonable written method to determine and document for each unit teased that the rent to owner is reasonable based on current rents for comparable unassisted units (i) at the time of initial leasing, (ii) before any increase in the rent to owner, and (iii) at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The HA's method takes into consideration the location, size, type, quality, and age of the program unit and of similar unassisted units, and any amenities, housing services, maintenance or utilities provided by the owners. HA Response Yes No (b) The HA's quality control sample of tenant files for which a determination of reasonable rent was required shows that the HA followed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for (check one): HA Response At least 98% of units sampled � 80 to 97% of units sampled Less than 80% of units sampled 3. Determination of Adjusted Income. (24 CFR part 5, subpart F and 24 CFR 982,516) The HA's quality control sample of tenant files shows that at the time of admission and reexamination, the HA properly obtained third party verification of adjusted income or documented why third party verification was not available; used the verified information in determining adjusted income; properly attributed allowances; and, where the family is responsible for utilities under the lease, the HA used the appropriate utility allowances for the unit leased in determining the gross rent for (check one): HA Response At least 90% of files sampled .,25:.1 80 to 89% of files sampled Less than 80% of fifes sampled 4. Utility Allowance Schedule. (24 CFR 982.517) The HA maintains an up -to -date utility allowance schedule. The HA reviewed utility rate data that it obtained within the last 12 months, and adjusted its utility allowance schedule if there has been a change of 10% or more in a utility rate since the last time the utility allowance schedule was revised. HA Response Yes No 5. HQS Quality Control Inspections. (24 CFR 982.405(b)) An HA supervisor (or other qualified person) reinspected a sample of units during the HA fiscal year, which met the minimum sample size required by HUD (see 24 CFR 985.2), for quality control of HQS inspections. The HA supervisor's reinspected sample was drawn from recently completed HQS inspections and represents a cross section of neighborhoods and the work of a cross section of inspectors. HA Response Yes FY -11, No 6. HQS Enforcement. (24 CFR 982.404) The HA's quality control sample of case fifes with failed HQS inspections shows that, for all cases sampled, any cited life- threatening HQS deficiencies were corrected within 24 hours from the inspection and, all other cited HQS deficiencies were corrected within no more than 30 calendar days from the inspection or any HA- approved extension, or, if HQS deficiencies were not corrected within the required time frame, the HA stopped housing assistance payments beginning no later than the first of the month following the correction period, or took prompt and vigorous action to enforce the family obligations for (check one): HA Response EZ At least 98% of cases sampled F] Less than 98% of cases sampled form HUD -52648 (6/99) Previous edition is obsolete page 1 of 3 ref, 24 CFR Part 985 7. Expanding Housing Opportunities. (24 CFR 982.54(d)(5), 982.153(b)(3) and (b)(4), 982.301(a) and 983.301(b)(5) and (b)(13)) (Applies only to HAs with jurisdiction in metropolitan FMR areas). Check here if not applicable; (a) The HA has a written policy to encourage participation by owners of units outside areas of poverty or minority concentration which clearly delineates areas in its jurisdiction that the HA considers areas of poverty or minority concentration, and which includes actions the HA will take to encourage owner participation. HA Response Yes LJ No (b) The HA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of povert and minority concentration. y HA Response Yes No (c) The HA has prepared maps 'hat show various areas, both within and neighboring its jurisdiction, with housing opportunities outside areas of poverty and minority concentration; the HA has assembled information aboutjob opportunities, schools and services in these areas; and the HA uses the maps and related information when briefing certificate and voucher holders. HA Response Yes a No (d) The HA's information packet for certificate and voucher holders contains either a list of owners who are willing to lease, or properties available for lease, under the rental voucher or certificate programs, or a list of other organizations that will help families find units and the list includes properties or organizations that operate outside areas of poverty or minority concentration. 14A Response Yes E2 No = (e) The HA's information packet includes an explanation of how portability works and includes a list of neighboring HAs with the name, address and telephone number of a portability contact person at each. HA Response Yes 1-1 No (f) The HA has analyzed whether certificate and voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentration and, where such difficulties were found, the HA has considered whether it is appropriate to seek approval of area exception rents in any Part of its jurisdiction and has sought HUD approval when necessary. HA Response Yes No 8. FMR Limit and Payment Standards. The initial gross rents for at least 98% of units newly leased under the rental certificate program, other than over - FMR tenancies, are at or below the applicable FMR or approved exception rent limits and the HA has adopted current payment standards for the rental voucher program by unit size for each FMR area in the HA jurisdiction and, if applicable, for each HUD - approved exception rent area, which do not exceed the current applicable FMR or HUD- approved exception rent limits and which are not Tess than 80 percent of the current FMR/exception rent limit (unless a lower percent is approved by HUD). (24 CFR 982.508(a) and .505(b)(3)) HA Response Yes 1Z No Enter current FMRs and payment standards (PS) 0 -BR FMR ,_.,_4_94_ 1 -f3R FMR --a9-2- 2 -BR FMR_7 _ 3-BR FMR 4 -BR FMR PS __4B_6___ PS __5S.3...____ PS PS____9M PS If the HA has jurisdiction In more than one FMR area, and /orif HUD has approved exception rentareas, attach similar FMR and payment standard comparisons for each FMR and exception rent area. 9. Annual Reexaminations. The HA completes a reexamination for each participating family at least every 12 months. (24 CFR 5.517) HA Response Yes No 10. Correct Tenant Rent Calculations. The HA correctly calculates tenant rent in the rental certificate program and the family's share of the rent to owner in the rental voucher program. (24 CFR 982, Subpart K) HA Response Yes No 11. Precontract HOS Inspections. Each newly leased unit passed HQS inspection before the beginning date of the assisted lease and HAP contract. (24 CFR 982, 305) HA Response Yes No 12. Annual HQS Inspections. The HA inspects each unit under contract at least annually. (24 CFR 982.405(a)) HA Response Yes No 13. Lease -Up. The HA executes assistance contracts on behalf of eligible families for the number of units that has been under budget for at feast one year. �HA Response Yes C� No 14a. Family Sett- Sufficiency Enrollment (Applies only to HAs required to administer an FSS program). The HA has enrolled families in FSS as required, (24 CFR 984.105) HA Response a. Number of mandatory FSS slots (Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through the 2nd to last completed Federal FY. Exclude units funded in connection: with Section 8 and Section 23 project - based contract terminations; pubftc housing demolition, disposition and replacement; HUED multifamily property sales; prepaid or terminated mortgages under section 236 or section 221(d)(3); and Section 8 renewal funding. Subtract the number of families that successfully completed their contracts on or after 10/21/1998.) or, Number of mandatory FSS slots under HUD- approved exception 'revious edition is obsolete form HUD -52648 (6199) Page 2 of 3 ref. 24 CFR Part 985 b. Number of FSS families currently enrolled c, Portability; If you are the initial HA, enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another HA Percent of FSS slots fitted (b + c divided by a) or, Not Applicable EE 14b. Percent of FSS Participants with Escrow Account Balances (Applies only to HAs required to administer an FSS program). The HA has made progress in supporting family self - sufficiency as measured by the percent of currently enrolled FSS families with escrow account balances. (24 CFR 984.305) HA Response Yes No a. Portability- If you are the initial HA, enter the number of families with FSS escrow accounts currently enrolled in your --� FSS program, but who have moved under portability and whose Section 8 assistance is administered by another HA _Q or, Not Applicable Deconcentration Bonus Indicator (Optional and only for HAs with jurisdiction in metropolitan FLAIR areas). The HA is submitting with this certification data which show that: (1) Half or more of all Section 8 families with children assisted by the HA in its principal operating area resided in low poverty census tracts at the end of the fast HA FY; (2) The percent of Section 8 mover families with children who moved to low poverty census tracts in the HA's principal operating area during the last HA FY is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the last HA FY; or (3) The percent of Section 8 mover families with children who moved to low poverty census tracts in the HA's principal operating area over the last two HA FYs is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the second to last HA FY. HA Response Yes a No If yes, attach completed deconcentration bonus indicator addendum:. I hereby certify that, to the best of my knowledge, the above responses under the Section 8 Management Assessment Program (SEMAP) are true and accurate for the HA fiscal year indicated above. I also certify that, to my present knowledge, there is not evidence to indicate seriously deficient performance that casts doubt on the HA's capacity to administer Section 8 rental assistance in accordance with Federal law and regulations. Warning: HUD wit prosecute false claims and statements. Conviction may result in criminal and/or civil pena €ties. (98 U.S.G. 1009, 1010, 1012; 31 U.S.C. 3729, 3802) Executive Director, signature & date Chairperson, Board of Commissioners, signature & date The HA may include with its SEMAP certification any information bearing on the accuracy or completeness of the information used by the HA in providing its certification, form HUD -52648 (6/99) Previous edition is obsolete Page 3 of 3 ref. 24 CFR Part 985