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HomeMy WebLinkAbout2000 02 02 CCAGENDA FOR THE STUDY SESSION OF THE CITY OF BALDWIN PARK CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY FEBRUARY !!# • 11 COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 PUBLIC COMMUNICATIONS FIVE (5) 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 tema, por favor, pase adelante durante Communicacion oral. Un interprete estara presente. 1. REPORTS OF OFFICERS A. DISPOSITION AND DEVELOPMENT AGREEMENT AND GROUND LEASE FOR A PROPOSED SENIOR PROJECT WITH BALDWIN PARK SENIOR APARTMENTS LP, A LIMITED PARTNERSHIP THAT INCLUDES KAUFMAN & BROAD MULTI HOUSING GROUP INC., "DEVELOPER" (Related Item on City Council Public Hearing Agenda Item 2 -C and on CRA Public Hearing Agenda Item 2 -A) Recommendation: Staff recommends that council review information on said project and present an opportunity for the developer and staff to provide information and additional explanation as the Council deems appropriate. 2. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Section 54956.9) Name of Case: Emma Diaz vs., City of Baldwin Park B. CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Agency Negotiator: Jose Mesa, Personnel /Risk Manager, Jose Sanchez, Interim Finance Director and Attorney Richard Kreisler Employee Organization(s): SEIU; Professional and Technical Employees; Police Management Employees; Confidential Employees; and General Management Employees 3. ADJOURN r 1=A CITY OF BALDWIN PARK STAFF REPORT 3 t3Ai.DWIN k , K TO: Honorable Mayor and City Council /Agency Board Members FROM: Rick Forintos, Interim Director of Community DevelopmenA DATE: February 2, 2000 SUBJECT: Study Session and Continued from January 19, 2000 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.P., a Limited Partnership that includes Kaufman and Broad Multihousing Group, Inc., for a 56 -unit senior housing project. This report is an update on the project since the January 19, 2000 continued Public Hearing. The Council will also have an Open Session to discuss the project on February 2, 2000. BACKGROUND/DISCUSSION This is an update from the January 19, 2000 City Council/Agency continued meeting. During that meeting we heard from several merchants, property owners and tenants that have businesses on the subject block. In addition to this Staff report, Council will receive a 3-ring notebook with all previous reports, developer supplied information (marketing study), and the DDAIIn -Lieu Agreement. In addition, Council asked that Staff bring back the following information: 1. Project alternatives /is this best use for property 2. Does it tie into the revitalization project? 3. City Attorney summary (obligations /commitments) 4. Design Guidelines 5. Explore possibility of limiting project to Baldwin Park residents (1St priority) In addition, staff has also prepared a short summary of the associated project impacts (fiscal, land use and traffic, etc.). Exhibit 1, Fiscal Impact Report, identified a total of 6 areas of potential impact. A majority of the impacts are negative impacts associated with the project. A summary of both positive and negative impacts follows: *The current agreement does not provide for the City of Baldwin Park residents to be offered units during the first ninety days of Developer marketing. COMMENTS AND COUNCIL CONCERNS DISCUSSED DURING THE JANUARY 19 2000 CONTINUED PUBLIC HEARING Resident Occupancy We have provisions in the Development and Disposition Agreement (DDA) and Lease to preclude over - crowding of the. units with non - senior occupants. This would include related grandchildren or extended family members moving in. Because of the tax credits, the State of California will have monitoring provisions for the 56 -unit project as well. 2. Annual Building Monitoring of the Agency Lease The .lease provides for annual monitoring of the building condition and maintenance provisions for the Developer's private parking and landscaping. 3. Financial Projections by the Developer This information is also included in the Fiscal Impact Analysis. Staff has discussed the Developer's comments made at the hearing. In addition, the cash flow for the Agency is already discussed in the attached January 19, 2000, staff report. 4, Rear Private Parking Behind Ramona Avenue Buildings The estimated twenty five (25) new parking spaces (see Exhibit 3) to be located on the rear private properties located at 14300 -14362 Ramona Blvd. is not part of the Lease Agreement. This was conceptual only in that the owners have to allow Kaufman and Broad permission to enter the property to demolish the old parking areas and install new parking, landscaping and lighting. The Developer stated this at the January 19, 2000 meeting. If the owners don't agree to access via an easement, then the issue is unresolved. Alternatively, if the owners agree, then 2 Positive Impacts Negative impacts 1. More shoppers for local stores 1. Displacement of Historic Museum 2, Low Income Senior Housing for 2. Decrease of Public parking and 25 local residents.* public parking spaces located on private property.. 3. Agency shares in developer 3. Non - Profit development with small cash flow $5,000 In -Lieu annual payment with annual increase. W 4_ Impact on Dial -A -Ride _ 5. Some impact on Police and Fire 6. Impact on Senior Center *The current agreement does not provide for the City of Baldwin Park residents to be offered units during the first ninety days of Developer marketing. COMMENTS AND COUNCIL CONCERNS DISCUSSED DURING THE JANUARY 19 2000 CONTINUED PUBLIC HEARING Resident Occupancy We have provisions in the Development and Disposition Agreement (DDA) and Lease to preclude over - crowding of the. units with non - senior occupants. This would include related grandchildren or extended family members moving in. Because of the tax credits, the State of California will have monitoring provisions for the 56 -unit project as well. 2. Annual Building Monitoring of the Agency Lease The .lease provides for annual monitoring of the building condition and maintenance provisions for the Developer's private parking and landscaping. 3. Financial Projections by the Developer This information is also included in the Fiscal Impact Analysis. Staff has discussed the Developer's comments made at the hearing. In addition, the cash flow for the Agency is already discussed in the attached January 19, 2000, staff report. 4, Rear Private Parking Behind Ramona Avenue Buildings The estimated twenty five (25) new parking spaces (see Exhibit 3) to be located on the rear private properties located at 14300 -14362 Ramona Blvd. is not part of the Lease Agreement. This was conceptual only in that the owners have to allow Kaufman and Broad permission to enter the property to demolish the old parking areas and install new parking, landscaping and lighting. The Developer stated this at the January 19, 2000 meeting. If the owners don't agree to access via an easement, then the issue is unresolved. Alternatively, if the owners agree, then 2 the parking could occur at the Developer's expense. The parking would be public spaces minus loading areas. Parking time limits would also need to be established by the owners, the City and the Developer. This dialogue would require further discussion resulting in a Reciprocal Parking Agreement ( "RPA "). COUNCIL CONCERNS As indicated, the City Council asked that Staff bring back information on the following areas: 1. Project alternative - is this the best use for the property? The highest and best use for the site from an economic viewpoint would be an ownership project that is on the tax rolls. The subject project is a 57 -year ground lease that would not generate a land payment like an ownership townhouse project or retail shopping center. A shopping center project would be difficult given the small size of the site and its location would not be on a major thoroughfare. 2. Does it tie in to the Downtown Revitalization Project? No, because this project does not have a direct pedestrian link to and from the adjacent Ramona Blvd. commercial district. A pedestrian walkway from this project is suggested. For example, Monrovia and Brea have established alleyway links that are located mid -block so the adjacent housing can access their respective downtown areas. 3. City Attorney Summary (Obligations /Commitments) The Agency Attorney has indicated that the Agency review all relevant documentation and make their own decision accordingly. 4. Design Guidelines The project, if approved, would then go back to Staff for the following: A. Design review - Basic design was provided for in Specific Plan 99 -2. This includes parking, landscape, project setbacks and design criteria. B. Planning Commission - Once the proposal receives tentative approval from the City's Design Review Committee, final working drawings, etc., would then be sent to the Planning Commission for approval and then on to the City Council for final approval. 5. Explore possibility of limiting project to Baldwin Park residents (Isf priority). The Developer has verbally indicated he could allow a limited time for Baldwin Park residents to be considered. This would have to be negotiated between the Developer's Attorney and Agency Attorney. 3 MARKETING STUDY The Developer submitted a Marketing Study (see Exhibit 2). The report concludes there is a market for another 361 senior units after deducting this project. EXECUTIVE TEAM DISCUSSION OF PROJECT After extensive discussion, the E -Team took an informal position and generally did not support the project. The primary reasons were that revenue generation is very low and these are very significant impacts to City services including police, fire, paramedic, Senior Center, and Dial -A -Ride. RECOMMENDATIONS It is recommended that the City Council /Agency Board take one of the following actions: If the Agency Board and the City Council concur that the project should be approved as presented by the Developer on January 19, 2000, the following motions should be made: A. Approve Resolution #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 and Broad Multi - Housing Group, Inc., pertaining to the Disposition and Development of the Real Property located in the Central Business District Redevelopment Project Area and making Findings therefore as required by Health and Safety Code Section 33433. B. Approve Resolution #99 -94, a Resolution of the City ( "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 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 Section 33433. 2. Approve the proposed Kaufman & Broad project with new requirements. Direct staff and Agency Attorney to negotiate a new DDA, Lease and In- Lieu Agreement. Hearing to be continued to February 16, 2000. 3. Deny the project. Council and Agency could direct staff to develop a request for proposal (RFP) for: A. Mixed use project - for a combination apartment/ownership housing or office over retail; or, B_ 8-10 unit town house project -- the project would be for moderate - income buyers. The RE=P would be mailed to local and major developers that may be interested in developing the property; or, C. A public purpose project. Exhibits: 1. Fiscal Impact Report 2. Marketing Study 3. Site Plan EXHIBIT 1 FISCAL IMPACT REPORT OF PROPOSED KAUFMAN & PROJECT 1. IMPACT ON LOCAL TRAFFIC, CIRCULATION AND PARKING The proposed 56 unit Senior Housing Project is at density (40 units /acre) for the 56,000 square foot site. For comparison density proposals, single family homes are traditionally built out at 5 -8 units per acre while condominiums are developed 20 -30 units per acre. According to a traffic count that was conducted on August of 1995, the estimated daily traffic trips taken from the south -west corner of the proposed site are 3,508. Typically, seniors travel in their car less than the general population and walk to local shopping. Proposed parking for the project is .45/1 br (20) and .9 /2br (11), for a total of 31 required parking spaces. It is possible that family and visitors to the senior project could impact private parking and impact existing public parking. 2. IMPACT ON CITY /SERVICES (POLICE, FIRE, PARAMEDIC, MORGAN PARK, SENIOR CENTER, LIBRARY, HISTORICAL MUSEUM, & DIAL -A- RIDE). A. POLICE The Police Department will be impacted by the proposed project. It is given that senior citizens generate a number of police calls for everything from health, distress, burglaries and other minor problems. B. FIRE /PARAMEDIC Staff feels paramedic services may be adversely impacted because of critical health problems such as heart, lung or hearing problems. C. DIAL A RIDE The Kaufman & Broad project will increase ridership by about 12 passengers daily. This is based on the following assumptions; 1. The project will have 31 parking spaces for 56 units, which means that approximately twenty -five residents will be without cars. 2. Based on current ridership from the existing senior housing projects in Baldwin Park, about 50% of the residents who do not have cars will use the dial -a -ride on a consistent basis. Based on the fact that 84% of the current dial -a -ride passengers use the service three times a week or more, it's assumed that the new housing will generate 72 new trips a week. At a cost of approximately $7.00 per trip to the City, this will amount in additional costs of $26,000 per year. It will also result in longer waiting times and an increased turn down rate for trips as these passengers will be fighting for the current available_ trips. This estimate is for the housing at its start -up. It can be assumed that as the residents of the housing get older, they will be less likely to drive, thereby increasing the impact on the dial -a -ride. The dial -a -ride is currently very close to capacity and more increases will result in either a policy change restricting travel outside of the City or an increase in the number of vehicles used to provide the service. The additional vehicles to the service will result in a cost of $31.00 per hour of service. At the least, another vehicle will cost the City $64,000 per year. The increased senior population will also result in a higher demand for the City's bus fare subsidies and recreational trips and tours. Both programs are provided for senior residents and are funded with the City's limited transportation funds. D. HISTORICAL MUSEUM The museum is located in the project site and will have to be relocated to make way for the new 56 unit project. The building is about 1 200 square feet and can be relocated. A possible new site could be located at mid - block on the properties facing Ramona Blvd. This would require additional financial resources and additional fiscal impact. E. MORGAN PARKISENIOR CENTER Staff at the Senior Citizen Center indicate that they experience a noticeable increase in the number of residents attending the center whenever a new senior housing facility is constructed. This usually results in increased senior participation in programs at the center. These potential increases by the Kaufman and Broad project and the Telacu 11 senior housing project, will have a major fiscal impact, which will result in additional meals served and a need for additional weekly trips and tours. Additionally, it should be noted that the Senior Center was built to accommodate a capacity of seniors based on the population at the time. An increase in the senior population could cause the need for expansion of the senior center facility. 3. CONSTRUCTION IMPACTS The environmental impacts that will occur during the construction of the project will be temporary impacts such as noise generated from sources that are associated with the building of the complex. 2 After the construction is completed, the remaining minor impacts will be generated from the daily maintenance and repair of the three (3) story facility. 4. EMPLOYMENT GENERATION Aside from the jobs generated by the new construction of the facility, the project will generate very few jobs. Other than the established in -house staff, the generation of jobs will be very minimal. 5. FINANCIAL IMPACT OF PROJECT As indicated in previous staff reports, the project generates very little property tax and/or in -lieu fees, minimal sales tax or future expansion possibilities that would help the City's tax base. From a residentloccu pant point of view, senior housing is needed. It is estimated that the average resident's net spendable income will be about $500 to $1000 per month after rent, utilities and other senior necessities. Therefore, resident spending on local shopping will be very minimal in terms of increasing sales tax. The City does get some spendable cash flow from the project after the project is up and operating. Exhibit 1A shows the developer's financial information that was presented at the January 19, 2000 City Council Meeting. The Interim Finance Director and interim Community Development Director have reviewed the information. Given staff time, we did not analyze each and every detail. We checked the math and the numbers appear to be accurate. However, the assumptions made by the developer may have been on the optimistic side. The statements made by developer Alexis Gevorkian at the January 19, meeting regarding the City's return on investment may have been misleading in that $7 million of the total $11,159,000. of revenue is attributed to the value of the property in year 2057. In addition, on a present value basis, the $11,159,000 total value of rents, in -lieu fees and cash flow at year 2057 would be worth about $1.8 million today. It is speculative if another developer would be willing to pay this amount and assume the proposed 57 year ground lease. Thus, the three (3) story building in 2057 (57 year ground lease) could be considered an old building and may therefore need significant rehabilitation. 3 MONAL TC e 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 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 Technology Dr. Suite 200 lrvirle,CA 92618 949753-1077 voice 949753 -1145 fax 800 8149595 tall -free info @nss- usa.com email www.nss- usa.com Mr. Patrick Simons KAUFMAN 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 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 Projects 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 1001/1 UNITS BY AFFORDABILITY LEVEL market rate 1,000 57% affordable a 742 43% a) Includes set - aside units, LIHTC and Bond financed units across aH 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 Dumber 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 19791 147 65 65 Villa del Vista 1986 60 0 Vintage Park 1990 86 0 Subtotal, Market Rate 1,057 140 51 89 0 0 Senior — Mixed Lark Ellen Village 1998 88. 88 3 41 44 Village Green 1987 140 57 57 Subtotal, Mixed 2281 145 3 98 44 0 Tax Credit Blessed Rock 1997 135 135 52 74 9 Heritage Park Duarte 1977 119 119 119 Palm Gardens 19671 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 3291 229 0 % Restricted 43% % of Restricted (N =742) 25% 44% 31%1 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 %. 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% L1HTC Senior 457 8 98.2% Mixed LIHTCIBond Senior 228 0 100.0% TOTAL 1,742 23 987% OCCUPANCY BY AFFORDABILITY LEVEL Market Rate Units 1,000 T 15 98.5% Affordable Units a 742 1 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 "love' 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 = $6,1441. 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 Ran a 65+ Households Subject Income Limits Income - Qualified 65f 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 25,576 13,055 2,863 % Income Qualified COMPOSITE DEMAND PENETRATION RATE As percent of Income Qualified 65+ Households: 21.9% As percent of All 65 Households: 112% (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 SurveZ Systems SUPPLY /DEMAND COMPARISON To assess market depth, projected demand for senior apartment units in the 30% to 60% MAI rentlincome 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 708 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 existinglfuture 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 ($21,540!1212), 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 Ciippinger- Pratt/Covina (early planning stages) 71 Telacu /El Monte 75 Rosemead Housing Authority 188 USA Properties/West Covina (under construction) 125 Goldrich & Kest/West Covina under construction Subtotal, Pending 768 Assumes all units are directly competitive. Total Existing/Pending Existing/Pending Su I 2,502 SUPPLY /DEMAND 361 -unit undersupply even after construction of all known COMPARISON "proposed" ro°ects, including subject project SOURCE: National SuTe S stems 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 1 998. 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 unde,p_1iied ax-1 et. Sincerely, NATIONAL SURVEY SYSTEMS I Ann erar Vice President Seniors /Multi- Housing Research VDQII �A � r m ��► ---- C4 OD 11, co OD a r C �r A Y 4 Kaufman and Broad (56 -Unit Building) Exhibit 3 Site Plan and all New Parking Iql, CITY OF BALDWIN PARK MEMORANDUM BALDWIN P A•FL•K TO: Honorable Mayor and Councilmembers Interim Community Development Direeto FROM: Richard E. Forintos, tY 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 Baldwin Park Chamber of Commerce 14327 Ramona Blvd. • Baldwin Park, CA 91706 626- 960 -4848 • FAX 626 - 960 -2990 e -mail: baldwinparkchamber @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 T promised the merchants that 1 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, &U44;0&�� Carroll Oliver Executive Director Enclosure S C� r� U U O O U .: © _O (1) V� • � va M as 0 � a n Z ° � c� � o O -� Ln o W � � O n � � r� .• O � c�3 O H � " L- 0 0 Qi c� 02 � N 0 •C1 ,� � iq , -" l r` 3 m r Cij �a �J Y . o • (Z ' CITY OF BALDWIN PARK BAi.DWLN P,A�R•K MEMORANDUM TO: Honorable Mayor and City Council /Agency Board Members FROM Rick Forintos, Interim Community Developer Director 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 staff's 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. it CITY OF BALDWIN PARK B_A_LDWIN P•A - Ri K The following is new information for CouncillAgency 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, 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 -lieu tax fee; and that a commercial or townhouse project might be considered instead. 2. Parking Space Clarification in the December 1 1999 Staff Re ort 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, fighting, 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.Q.Box 4732 San Dimas, CA 91773 Amado D. c& Evangelina Mandani 14338 Ramona Blvd Baldwin Park, CA 91.706 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. & Mel Jui T.Kuo 14322 Ramona Blvd. Baldwin Park, CA 91706 Kathleen Cuccia P. ®.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 ®. & Maria G. Martinez 3421 East 14th Street Los Angeles, CA 90023 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 E .0 s 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 located 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 9604411 at extension 495. Sin ely, -,#- -7- I -9-3 27 R,4VveVA �h��EF ZAIRvvs R chard Porintos Redevelopment Project Manager LG �� wlff� b013, CD r N � r � r � 1] 2 c+ 6 r c Q a r r r O a � c r 2 c r r .a cn a O : a r 19 4 5\ @ ua Z Q w Kaufman and Broad (56 -Unit Building) Site Plan and all New Parking DrslvrhukJ lz�� �� - Staff Report At'S To: City Council /Agency Board From: Dayle Keller, Interim Executive Direct or Subject: New Information for the Kaufman 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 plow 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 amival 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 ($l /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 $11,189,801.00 2. Exhibit G 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 @� Year 2% 1 5,000 2 10,100 3 15,302 4 20,608 5 26,020 6 31,541 7 37,171 8 42,995 9 48,773 10 54,749 11 60,844 i 2 67,060 13 73,402 14 79,870 15 86,467 16 93,196 17 100,060 l3 107,062 19 114,203 20 12 1,487 21 128,917 22 136,495 Z3 144,225 24 152,109 25 160,151 26 168,355 27 176,722 26 185,256 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 57 522,947 NPV 819 AGREEMENT FOR PAYMENT IN LIEN 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: I . 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 Properly Tax Exemption: To the City: * $5,000.00 2. The Payment shalt 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 Exs emption. The ayment sha a 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. C : tW1 N D aVVS1TF. M P1PI LQT. D0G 110599 N IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement as of the date set forth hereinbeiow. DATE: -.- ATTEST: Rv- 20 AGENCY SECRETARY APPROVED AS TO FORM: Rv AGENCY COUNSEL REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK By: EXECUTIVE DIRECTOR BALDWIN PARK SENIOR APARTMENTS, L.P. a California limited partnership By: Affordable Multi- Family, Inc. General Partner By:� Name: Its: CAWlNDOWSITEMPTILOTDOC 110599 2 a CITY COUNCIL AGENDA r� CITY OF BALDWIN PARK STAFF Lf T1999 BALDWIN � K ITEM NO. TO: Honorable Mayor and City Council /Agency Board o €Directors 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 Kaufman 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 1.4 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 downtownlcivic 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. f -' 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 within 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 along the rear building walls of Ramona Blvd. shops to replace the existing informal (dirt and gravell) 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: 7 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 S N/A Total 164 NIA 179 NIA * The subtotal % of Code counts City owned parking toward meeting the Code re uirements for pa rkin Source: Cit Plannin De t. Planning Commission Approval s/Envi ro n mental 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 Develo meat A reement/Ground Leaselin Lieu Pa meet 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 staff's 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 resoluti6h #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: 033433 ") E DDA, Lease and In -Lien Agreement Report Prepared By: Rick Forintos, Redevelopment Project Manager a] `a 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 MULTWOUSING 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 "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 the Agreement (the "Agreement") with Kaufman & Broad Multi-Housing Group, the northwest ubst ncomer of form as attached hereto, concerning the real property generally 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 Heal #h and Safet Code §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 Project 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 ct d to take such actions exetcute such documents as malt authorized and dire y be necessary to implement and effect the Agreement. APPROVED AND ADOPTED this 1st day of December 1999. ATTEST: James Hathaway, Agency Secretary MANUEL LOZANO, CHAIRMAN W 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 1 st day of December, 1999, by the following vote thereof: AYES: Members NOES: Members ABSTAIN: Members ABSENT: Members IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of said Agency on this 1 st day of December 1999. ,lames Hathaway, Secretary Baldwin Park Redevelopment Agency FOR EXHIBITS AND ATTACHE-M-TS R-ELATED TO THIS ITEM, Pi t f REFER C-1.1-TY goLl 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 there 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 33040, 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 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 Loans. 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 wit{ be demolished or destroyed during the course of Agency projects in the Project Areas; b) The Agreement will provide "replacement housing" pursuant to California Nealth and Safet 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 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 or City staff is also authorized and directed to take suers 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 1 st 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 1st day of December, 1999, Kathryn Tizcareno City Clerk Exhibit A Site Area Map site Bwxkxies Ci i Assessor Parcel z Q U w 4 pool. Property cam^° Front: 82 (CM t2ea: 30 (C HA 44 (Rtvate) Subtotd: 156 8 (5treetj Totcg: 164 4061 = City Museum Exhibit B Existing Parking 1� ^ Exhibit C Site Plan and all New Parking .1ding) EXHIBIT D SUMMARY REPORT ( 443343311) 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. PROPOSED AGREEMENT 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 PA 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. 1.1 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: 1. [1001 SUBJECT OF AGREEMENT [1011 Pur ose 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 Developer will 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 {20 %tsettas'>de) purchased by the Agency with Low and Moderate income Housing Fund 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. 11021 The Protect For Purposes of this Agreement, the "Project" will encompass the acquisition by the Developer of the Project Site and the construction of a residential apartment 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. [1031 Promote The Project Site consists of those certain parcels of land and S State as t a e alleyway in the City of Baldwin Park, County of Los Angeles, tate of Cali particularly shown in Exhibit 2 hereof. [104] Parties to the Agreement 1. The A en 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 � State ac �cl�Aver�ue Baldwin Park, alii;omia Agency 9 7fl is located at City Hall 144 F:I00CUMENTIK6IBAL0WINI0DA.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 Devel. offer 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 Pathk Senior Apartments, L.P�t320 Golden Sho re Michael A. Costa, Baldwin Drive, Suite 200, Long Beach, California 90802 -4217. [105] Material Obli atia is-, 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 Attachment eNo � 1t forth nd i�ncorporatled the hereSchedule n by lth�s Performance attached hereto a reference. [100] Low Income Person For the purposes of this Agreement, Low Income Persons are those defined in California Health and Safety Code Sections 50079.5, 50093, and 50105. 11. [200] REPRESENTATIONS AND WARRANTIES [201] A en `s Re resen #ations 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. �. 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 Agency Violates or shall anything violate any contra done agreementt or by the Agency instrument to which the Agency is a party. 3. Neither the Agency nor, to the best of the Agency's knowledge, any third party has used, generated, manufactured, stored or disposed any Hazardous Substance in, at, on, under or about.the Project Site F:ID0CUMENSIK8IBALDW1N100A.V9 Z 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 actions, er state or other laws which at pursuant to any other applicable federal o 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 attorneys' fees,'th'eitlndemnttee may suffer or incur as a result of any claim, demand, d al,action, panne ship, judgment made or obtained by any ' cooperation, entity, governmental agency or person which arises out of or results from the presence or existence of Hazardous Substalices above, below or on the Project Site to the extent that such Hazardous Substance =s Fo are or enAgreement, the prior to the Close of Escrow. purposes of this tern Hazardous Substance" shall be defined as set forth in Exhibit 6 attached hereto. 4. There is no pending or threatened suit, action ar.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. 6. The Agency has not made any commitment or representation to any government authority, or any adjoining or surrounding property FADOC'JMEN- RKB\BAl_DWIN\ODA.V9 3 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 Developer's 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 Re resentations 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 of of the Close o of Projel of which shall survive the Close of Escrow and the completion 1 _ The execution of this Agreement by the Developer, the Developer's performance and the transactions contemplated have been duty 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 contract, ment or instruumentd #o violates or shall violate any c 9 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 Ground Lease, d the the Developer will this Agreement or the will not enter into any such agreements after the date hereof. F:IDOCUMENTEKB%BALDWINIDDA.V9 111699 6, The Developer as a corporation d standing and duly existing under the laws of California otion a d all other requisite Federal, State and Local entities. Ill. [3001 DEVELOPMENT OF PROJECT [3011 Sco e of Develo me t { 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 Develop Developer accountants P tants shall retain, and consultanis cost and may be expense, such attorn y F 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. Ail construction plans for the Project must be approved by Agency, pursuant to this Agreement. For purposes of this Agreement, the terms "construct," "develop," "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 la. and Project shall be in compliance with all the zoning, planning 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 i�ai Project Site for any commercial us e and the cast of the commerc 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 have such this Agreement, occurrence lno item 5 of Exhibit 4 of shall F_\o0GUMENTIKBIBALDWIN0DA.V9 111699 .I,. obligation to consider any portion of the Project Site for any commercial use. [302] A enc A roval of Plans Drawin s and Related Documents . Within the time set forth in the Schedule of Performance, the Developer shall, at its sole cost and expense, rpa e and s bi the Agency the drawings, p a e documents for royal. Approval construction for the project for review and written app pp 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 costs of the lCi y Aaency. The Park forlp am checking, ng the normal buiiding 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 the Agency can receive prompt and submittal of any ny and speedy consideration. 3. If any revisions or corrections of plans approved by the Agency shall be required by any governmental official, agency, departmerit 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. [3031 Cost of Construction herein. all costs pay able to third parties for acquiring the Except as otherwise provided Project Site and constructing the Project, ��� � any improvements shall exclusively by the Developer. The � p � o bear all costs related to discharging the duties of the Developer set forth in this Agreement. [304] Schedule of Performance 1. 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 FADOCUMEN- RKe1BALDWINODAM9 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 enc and Other Governmental A en:cv 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. [3061 Ri hts of Access � . For the purposes of assuring compliance ave the reasanab�e °rig�ht-of- representatives of the Agency 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 F_1DOCUMEN- RMBALDWINODAY9 a 111699 performance of any investigation of the Project Site as contemplated herein.' [3071 Local State and Federa[ Laws The Developer shall carry out the acquisition Project Site and construction of the Project in conformity with 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 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. Nothing herein contained shall be deemed to prohibit Developer from: (i) contesting the validity or amounts of any tax assessment, encumbrance or lien, nor to limit the 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 4Lease are hereby incorporated herein by reference and shall apply to this Agreement. [3091 Certificate of Cam tenon 1. Promptly after acquisition and completion of the construction on the Project (as required herein), Agency shall furnish 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 shalt 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 after written 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 FADOCUMEN- RMBALDWINODAM9 8 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 [4011 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 AevOte - 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 tion of the improvements on the Project and shall keep the Project free from any main land use debris orwaste materials and maintain the landscaping, and shall occupy, 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. [4031 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 F:IDOCUMENTI MALDWINODA.V9 9 111699 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. (4041 Effect and Duration of Covenants 1. 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 S 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 for the 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 F:0OCUMENTIKB1BALDWiNODOA.V9 10 111699 r 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 orany 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. [5001 ESCROW AND CLOSING. [501] 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 Compahy, 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 Lease provided for in the Ground Lease is recorded in the Office of the Recorder of Los Angeles County, California. [5021 Escrow Closin . 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 further obligation to one another with respect to this Agreement, except as otherwise expressly provided herein. 15041 Pro_ raiions. 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. [505] Posses F:ID0CUMENTIKBIBALDW INIDDA.V9 11 111699 The Agency shall upon the Close of Escrow, deliver to Developer exclusive possession of the Project Site, subject only to the Permitted Exceptions_ V1. [6001 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 Developer's approval, conditional approval or disapproval of the title matters disclosed in the PTR. All matters not timely approved by Developer will be deemed disapproved. Ali 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 Tide 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 -beep a wAbe 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 overall 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 title 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 FADOCUMENTW13TALDWINTOXV9 12 111699 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] Investi ation of the Proect Site. 1. Developer shall have the period from the Effective Date until the date which is three hundred sixty -five ( 365) calendardays.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 F:\D0CLJMENTW6\BALDW1N\D0A.V9 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 -,to -- 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 [802].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. F:1D0CUMENi1K616Ai_DWINIDDA.V9 111699 14 VII. (700] DEFAULTS AND REMEDIES [701] Defaults -- General 1. Subject to the extensions of time set forth in Section (803], unexcused and uncured failure or delay by either party to perform any material terra 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.1f.,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 Parry has received the written notice hereinabove provided for. (7021 LM 21 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. FADOC1JMENT\K6IBALDWINIDDA.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 Cumulative 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 Rights 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 . [7o5i Termination b A en 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 [81 s1 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; FADOCUMENTWMALDWINODA.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 [701] 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 [701] 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. [705] Remedies of A enc for Default b Develo er After Close of Escrow and Prior to Com letion of Construction of the Project 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 [701] 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 shall have the rights provided for in Article 8 of the Ground Lease. Vlll. [800] SPECIAL PROVISIONS [801] 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 FADOCUMFNi1KB18ALDWINWAM9 17 111699 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. (8031 Enforced Dela Extension of Times Of Performance In addition to specific provisions of this Agreement, performance by either parry 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 mutuai .. 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- Liabiii of Officials and Em to ees of the A en 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. [845] Submission of Documents to the Ageno for A roval 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:IDOCUMEN_RKBIBALDW1N1DDA.V9 111699 18 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. [806] Amendments to this Agreement Developer and Agency agree to mutually consider reasonable requests foramendments to this Agreement which may be made by fending institutions, or other parties, provided the requests are consistent with this Agreement and would not substantially after 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 parsei 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 Atto ees 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 attomeys, fees. [811] Counterparts This Agreement may be executed in counterparts, each of which is deemed to be an original. F:\DOCUMEN-RK8\8ALDW1N\DDA.V9 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 [8071, 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. [814] 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. [815] A royals Not Unreasonabl VSlithheld 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. [8161 Assi nment 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 Partici ation A regiment The Owner=s Participation Agreement entered into by and between the Agency and Developer is incorporated into this Agreement and is superceded by this Agreement. [900] Effective Date The date of this Agreement CEffective ©ate) shalt be the date when it shall have been signed by the Agency. [END OF TEXT. SIGNATURE PAGE FOLLOWS] FADOCUMEN- RKMALDWlNWAN9 111699 20 r IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement on the date set forth hereiribelow. REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK ATTEST: Rxr AGENCY SECRETARY APPROVED AS TO FORM: By: AGENCY COUNSEL List of Exhibits Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Exhibit 6 - By EXECUTIVE DIRECTOR DATE: Baldwin Park Senior Apartments, L.P. By: ITS: DATE: Ground Lease Project Site Scope of Development Schedule of Performance Certificate of Completion Hazardous Substances F:1D0C UMENTIKBIBALDWiN\DDA.V9 111699 21 GROUND LEASE by and between The Baldwin Park Redevelopment Agency ( "Landlord ") and ( "Tenant ") Baldwin Park, California FAD0CUMEN- lKBIBALDWIN\DDA.V8 110899 2 TABLE OF CONTENTS Page No. ARTICLE 1. DEFINITIONS ............................................. I ARTICLE 2. TERM OF LEASE . . ........................................ 5 Section 2.1 Fixed Term ........ ............................... 5 Section 2.2 Possession ........................................ 5 ARTICLE3. RENT .................................................. I . 5 Section 3.1 Rent ........................................... 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 ............... I I ................... ... 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 ...................... Section 4.5 Restrictions by Tenant .............................. 7 Section 4.6 Termination of Use Restrictions ....................... a 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 10 Section 5.7 Payment by Landlord ............................... 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 FAD0CUMENnKB\BALDW1N\DDA_V8 110899 i Section 6.6 Ownership of the Project ............................ 'I 1 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 Lenders 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 23 Section 10.5 Casualty Insurance ................................. 23 Section 10.6 Required Insurance During Construction ............... Section 10.7 Insurance Terms ... ............................... 24 24 Section 10.8 Other Insurance; Waiver of Rights .................... Section 10.9 Adjustment ....... ............................... 24 Section 10.10 Lender Requirements .............................. 25 FADOCU M ENT1KMALDW I N1D DA.V8 110899 is 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 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 ...... I .............................. 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 14.5 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 37 Section 15.8 Sole and Only Agreement; Amendment ................ 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 AD O C U M E NT1K BI BALD W I N\D D A.V S 110899 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 Attomment ....... ............................... 38 Section 15.18 Limit of Tenants 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:\DOGUMENT\KB\BALDWIN\DDA.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 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 !=tent' 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 repairand restoration of the Project (otherthan 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 FADOCUMEN -RKE3I13ALDWINTDAW 110899 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, attorneys 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 paymer)t 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. FADOCUMEN- RKMBALDWINODAM8 110899 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 forthe 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. FADOCUMENTIKMALDWIMDDA.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 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 Califomia 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:1DOC It M EN nKB1I3ALDW I N\DDA.V8 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 yearthat 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 FADOCUMENTIKMALDWINODANS 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 Tenants 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:1D0CUMENT\KBiBALDW1N1DDA_V8 110899 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 Tenants right to contest any such law, ordinance or regulation and continue its useof 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 FADOCUMENTIKBIBALDW INIDDA.V8 110899 7 requirements of Section 42 of the Internal Revenue Code and. Section 23610.5 of the California Revenue and Taxation Code iri 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 ") andlor4.5 ( "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 ") andlor 4.5 ( "Restrictions by Tenant ") shall be reinstated if, at any time subsequent to the termination of said restrictions asthe result of the foreclosure of the lien of such Permanent Loan, the delivery of a deed in lieu of foreclosure or comparable conversion of suph 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 Propertywhich a - constitutesn, 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 interesttaxes, 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. FADOCUMENnKMAI_DWIN DDAW 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 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) days before the date the tax, assessment or other charge becomes delinquent. Landlord.._shald; ,On- -dttea 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 fight 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, lessor 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, FADOCUMENTIKBIBALDW1NtDDA.V8 110899 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 othercharge forthe 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 Commencementof 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 workor delivery of material and not to subsequent work or deliveries. Landlord shall, at any time and .ail.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 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 builderas risk insurance in accordance with requirements of Section 10.6 ( "Required Insurance During Construction "), and (iii) evidence of properworker'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 FADOCUMENT KMALDWINTDA.V8 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, 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 orto any other person, agency, political subdivision, firm or corporation, but subject to the rights of subtenants in possession. Upon the expiration or sooner.ternaination -,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 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 under this Lease and the leasehold estate hereby created. F:\D0CUMENT\KB\6ALDW1N\DDA.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 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 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 actor 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, wheth er the foreclosu re is conducted pursuant to cou rt 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 tothe 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 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 ADOC U M ENTIKB\BALDW I NIDDA.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 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 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 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: FADOCUMEN`r"1MBALDWINMAN8 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 Leader keeps and performs all of the terms, covenants and conditions of this Lease (including the paymentof 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 'l' be subject to all the terms and conditions of this Lease except that the purchasers shall be able to assign this Lease withoutthe approval orconsent 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 FADOCUMENT[KMALDWIMDDAM8 110899 14 or transferee of this Lease from any lender shall ,be able to assign this Lease without the approval or consentof 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(i), (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 FADOCUMEN-rWMALDWINWAN8 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 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 moneyto Tenantand 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, 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. FADOCUMENT�MBALDWINODA.V8 110899 16 Section 8.13 Amendments. Landlord and Tenant shall cooperate in including in this Lease by suitable 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 Pee. Landlord shall not mortgage, hypothecate, pledge or encumber its interest in the Property or any part thereof without the prior written consentof 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 morethan 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, FADOC UM ENTIKB1BALDW [NIDDA.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 Tenants failure to observe or perform any covenant of Tenant under this Lease. Tenant's obligation pursuantto 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. 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, 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, 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 benefitof such expenditure cannothe 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 orwillful misconduct of Tenant, its principals, shareholders, agents, contractors, employees, or representatives. Section 9.4 Damage or Destruction. Exceptforany 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 FADOCUMENTIKMAtDWINODAN8 110899 18 Casualty, at Tenant's own cost and expense, all debris and remains of the damaged improvements from the Properly, 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 9.4.3 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 subjectto 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 -inc ning 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, 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 anydisbursement 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_1DOCUMEN AMBAL©WIMDDA.v8 11 0899 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 9.5 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 Propertyorany suspension, 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 FADOCUMEN- RKMALDWINODAN8 110899 20 costs or expenses (including reasonable attorneys' 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 orthe 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. 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 other fluid flowing below, in, above, upon or about the Property or the Project, F_1DOCUMENTIKBIBALDWINIDDA.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, 10.23 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 "Suitt ") 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 orthe Property orthe 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 FAD0CUMEN1_IKBIBALDWINIDDA.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 /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 fallowing 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 (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, builders risk insurance in so- called non - reporting form upon the improvements under construction in FADOCUMENTWBTALDWINTDA.v8 11 (3899 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 policiesforsuch 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 insurat ce- ts-n -ot-- -equired - -. 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 AD OCU M E NTWMALD W I N1D DA.v8 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 90.11 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 oralleged 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, 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. FADOCUMENT \KB1BALDWINIDDA.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 orquasi-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. 111.5 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 remainderof the Property andfor improvements tocated 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 FADOCU MENTIKBIBALDWINtD DA.V8 110899 26 when a party receives from the Condemnora 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 orwillingness 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 Dien (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 (60) 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 thatthe 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 FADOCUMENTIKBIBALDWI NODA.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 prior to 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 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, alter, modify or reconstruct the FADOCUMEN- RKMALDWINIDDA.v8 110899 28 Project ( "Restore ") so as to make it reasonably suitable for Tenant's continued.occupancy forthe 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. 1.1.5.1 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. FADOCUMEN-RKMALDWINTDAN8 91€}899 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 Tenants 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 underthis Lease, provided thatthe requirementof 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 Tenantdelivers possession ofthe Propertyand 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 Lsame 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 Gonsent 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; FADOCUMENIAMBALDWINIDDA.V8 110899 30 12.1.2 the term of anyassignment 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 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 specific wording of this 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- soccessor 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 p;i iorwriiten 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 FADOCUMEN1"IKBIBALDWINIDDA.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 notbe 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 underthis 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 specificwritten 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 shalt have the rightto 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 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 FADOCUMENTWMALDWINWA.V8 110699 32 one hundred eighty (180) days after receipt of written notice of default where the default must be cured other-than 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 shalt, 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 loss 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 under this 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" ispomputed 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 Riightof Reentry. In the eventof 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 OCU M E NTRKBRBALD W I NID DA.V8 110899 33 event that Landlord shall elect to reenter as provided in Section 14.3 ( "Landlord's Right of Reentry) hereof, orshall 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, subject to 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 rightto 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 payment of any indebtedness other than 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- oonst4ued 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 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 C'Surrender of Property and Project'). Section '14.7 Landlord"s RightsofSelf-Help. In the event that the Tenant shall default in the performance of anyof the agreements, conditions, covenants or terms herein contained, which event of default remains uncured after the expiration of the grace periods FADOCUMENTIKMALDWINWAN8 110899 34 provided for in Section 14.2 {'Termination for Breach by Tenant "), the Landlord may immediately, or at any time thereafter, perform the same forthe 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 Tenant's 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 anyway appertaining to the Property or the Project, to Landlord in as good and clean condition as practicable, reasonable wear and tear excepted and object -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 FADOCUMENTWMALDWINODA.V8 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` Trees. 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 whetheror not any action or proceeding is broughtwith respectto the matterforwhich 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 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 the-last-add-ress -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 . 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. FADO CU M EN- 1AMBALDW I MDDAY8 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 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 whetherwritten ororal. 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 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 "short farm" of this Lease shall describe the parties, Landlord and Tenant, setforth 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. FADOCUM N- RKBIBALDWINIDDA.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 laws and ordinances for the development and marketing of the Property. Section 95.13 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 may be required by a 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 94.2 ('Terminatibn 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 FADOCUMENI1KMBALDWMDDAMB 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 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- RKB1BALDW9NIDDA.V8 110899 39 EXECUTED by the parties hereto as of this day of , 199_. LANDLORD: Baldwin Park Redevelopment Agency By: Name: Title: Address: Baldwin Park Redevelopment Agency City Hall 34403 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, Califomia 90802 -4217 Attn: Michael A. Costa FAD0CUMENTIKBIBALDW1NIDDA.V8 110899 40 Exhibits A. legal Description B. Preliminary Title Report C. Form of Memorandum of Lease FADOCUMEN- RKMBAI_DWINWDA.V8 110899 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: [See legal description attached hereto and incorporated by reference herein] FAD 0 C U M EN T1KBIBALD W 1 N1D DA.V8 110899 42 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.) EXHIBIT B PRELIMINARY REPORT FAD0CUMENTIKBIBALDWINIDDA.V8 110899 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 1 9 , 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 ,) 9 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. FADOCUMENTWMBAI_DWINODAN8 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 Paris 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 FADOCUM ENTIKBIBALDW lN1DDA.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 ot sa is ac ory 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 personalty 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: F_1©oCUMENT1l MAL©WINODAN8 110899 46 (Seal) EXHIBIT 2 PROJECT SITE [See description attached hereto] FADOCUMEN- MMALDWiNODA.V8 110899 Z � 1[SFi 0 { VJ i r r w r♦ iqy 143Qj A0A6 PROJECT Project description is in the black area of this E=xhibit EXHIBIT 2 FADOCUMEN- MMBAt..©WENWAN8 110899 2 14401 sat1I QH C1 1460 aTYHALL. EXHIBIT 3 SCOPE OF DEVELOPMENT Project: Development of a 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 Park Senior Apartments, L.P. 1. 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 Reviewtentative 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. 11. 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. FMOCUMENTIKMALDWINODAM 110899 EXHIBIT 4 SCHEDULE OF PERFORMANCE PERFORMANCE 1. Execution of A reement b Developer. Agreement signed by Developer and presented to Agency. 2 Execution of A reement. Agreement authorized by Agency and delivered to Developer. 3. Submission - Initial Desi ned Conce t Drawings. Developer shat! 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. Appr oval - Initial Concept Drawin s. Agency shall approve or disapprove initial Design Concept Drawings and related documents for the property. . Submission - Final Desi n Drawin s and Schematic Landsca in Plan. Developer shall prepare and submit to the Planning Division, Final designed drawings. g. 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. 7, Corn letion of . Construction. Developer shalt complete the construction of private and public improvements on the Project Site as well as off -site improvements. g. Certificate ficate of Com letion- F.\DpCU MEN- RKB\BALDW IN\D DA.V$ 110899 D_ ATE 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 90 working days after carryover allocation issued by CTCAC for low income 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 low income housing tax credits toorthe Section Project by 2 of the internal pursuant Revenue Code. City shall issue a Certificate of Completion for each building as completed within 10 days of completed construction. EXHIBIT 5 CERTIFICATE OF COMPLETION RECORDED AT REQUEST OF: WHEN RECORDED RETURN TO: (Space Above Dine for Recorder's Use) This Certificate is recorded at the request and hfe r the erbent fof t of the re o ding fee pursuant to Redevelopment Agency of the City of Baldwin Park and is exempt from payment Government Code Section 6103, CERTIFICATE OF COMPLETION einafter referred to pursuant to a Disposition and Development Agreement (eh REDEVELOPMENT WHEREAS, p , 199 �.,,, by and between as the "Agreement ") dated public body, corporate and politic ( „Agency "), and AGENCY OF THE CITY OF BALDWIN PARK, er" , Developer has developed that certain' real Baldwin Park Senior Apartments, L.P. { Develo P ) State of California, and more property located in the City of Baldwin Park, County of Los Angeles,, according to the terms and particularty described in Exhibit "A” attached hereto (the "Property") conditions of the Agreement; and pursuant to Section 309 of the Agreement, promptly after completion df" all WHEREAS, p Agency shall famish Developer construction work to be comPontforbFd ordat on upon written request l therefor by Developer, and with a Certificate of Comple WHEREAS, the issuance by Agency of the Certificate elemoent pertaining conclusive WHEREAS, evidence that Developer has complied with the terms of the Ag development of the Property; and WHEREAS, Developer has requested that Agency furnish 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:I00CUMENT1KB18ALDW1N1D0XV8 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 any holder is not a Notice of Completion as referred secured by the Property. This Certificate of Comp shall include all to in California Civil Code Sectioggu�les All s thereferences context otherwise herein se the requrefs�� improvements and the project thereon IN WITNESS WHEREOF, Agency has executed this Certificate as of this . day of tg, 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. Baldwin Park Senior Apartments, L.P., Dated: By: F- IDOCUMEN- RKBIBALDWINtDDA.VS 3 110899 EXHIBIT 6 DEF1N1T10N OF HAZARDOUS SUBSTANCES The term "Hazardous Substance" as used in this Agta em reent shall irifec loos or radioxi Ivor hazardous substance, material or waste or any pollutant or c now or in the material, including but not limited to those substance ted belovur waste's and any andall of regulated substances future under any of the statutes or regulations is " "hazardous 41 "hazardous included within the definitions of "hazardous rriixtureta mminenfily hazardous chemical substance waste" "hazardous chemical substance pr mixture ", "toxic substances ", "hazardous air pollutant", s shall als o mean aanyFa solid d all ther{similar statues or regulations listed below. Hazardous Sub regulations, orders or rules and terms defined in other federal state and local laws, statutes, orders local, state or materials and wastes which aor'health the a the en eonment or regulated wh which are classified as hazardous or federal law for the protection toxic substances, materials or waste, pollutants or o b common law decision, in Juregulated i , without any federal, state or local law, regulation or order Yerchlaroethylene and other chlorinated trichloroethylene, tetrachloroethylene, p Y limitation, (i) (...� polychlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) p Y biphenyis, (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 R� Response, als Transportation Act Uability Act U.S.C. of 1980, 42 U.S.C. Section 9601, et seq., the Hazard Section 1801, et seq:, or the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; (2) an "Extremely Hazardous Waste", a "Hazardous Waste', or a "Restricted Hazardous Waste ", under Sections 25115, 25117 or 26122.7 of the California ifomtaltHeal h and Safety Code; listed or identified pursuant to Sections 25'140 or 4432 (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; pursuant 4 "Oil" or a "Hazardous Substance" listed or identifieweil as an Section tother hydrocarbon c Federal Water pollution Control Act, 33 U.S.C. Section '1321, as Y substance or by- product; (5) listed or defined as a "Hazardous " 11 of Title 22 o "Extremely California Code of egulations; "Acutely Hazardous Waste" pursuant to Chapter (6) listed by the State of California chemical of ekCa the State to cause cancer and Safety Code; or reproductive toxicity pursuant to Section 25249.8(a) F:\D0GUMEN-RKB\6ALDW1N\DDA-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 remediated, including remediation which such law or public agency requires in order for the property to be put to 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 Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; (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 Atomic Energy Act, 42 U.S.C. ,Section 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C_ Section 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code Section 25800 et seq. (12) industrial process and pollution control wastes, whether or not "hazardous" within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et se (13) regulated under the Occupational Safety and Health Act, 29 U.S.C. Section 65'I 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:1DOCUMENnKB1BALDWINTDA.V8 2 110899 h GROUND LEASE by and between The Baldwin Park Redevelopment Agency ( "Landlord ") and ( "Tenant ") Baldwin Park, California 1= :ID O C D M EN'RKB\BALD W l N1G RN D LS E.V 5 110599 TABLE OF CONTENTS ARTICLE 1. DEFINITIONS .......... Pa� ge No. .. ............................... 1 ARTICLE 2. TERM OF LEASE ........... ............................... 5 Section 2.1 Fixed Term ........ ............................... 5 Section 2.2 Possession ........ ............................... 5 ARTICLE 3. RENT ..................... .......................1....... 5 Section 3.1 Rent ............. ............................... 5 Section 3.2 Additional Rent .... ............................... . 5 Section 3.3 Place for Payment of Rent ........................... Section 3.4 Additional Rent Statement ........................... 5 Section 3.5 Annual Report ...... ............................... 5 6 Section 3.6 Net Rent ........ ............................... ARTICLE 4. USE OF PROPERTY ........................................ 6 6 Section 4.1 Use and Operation .. ............................... 6 Section 4.2 Zoning and.Use Permits ............................. Section 4.3 Approval of Plans Required ................... I ...... 7 Section 4.4 Only Lawful Uses Permitted .......................... 7 Section 4.5 Restrictions by Tenant .............................. 7 8 Section 4.6 Termination of Use Restrictions ........... • • • • • • • • . • • • ARTICLE 5. TAXES AND UTILITIES ...... ............................... 8 8 Section 5.1 Tenant to Pay Taxes ...... I ..... .................... 8 Section 5.2 Payment Before Delinquency ........................... Section 5.3 Taxes Payable in Installments ........................ 9 Section 5.4 Contest of Tax ...... ............................... 9 9 Section 5.5 Tax Hold- Harmless Clause ........................... Section 5.6 Utilities ............ ............................... 9 10 Section 5.7 Payment by Landlord .............................. 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: \DOCUMEN- RKBIBALDWINIGRNDLSE.V5 110599 Section 6.6 Ownership of the Project ............. ............. 11 ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE :................... 11 Section 7A 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 ofLease 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 22 Section 10.3 Obligation to Indemnify Other Party ........... • • .. • ... Section 10.4 Liability Insurance .. ............................... 22 23 Section 10.5 Casualty Insurance . ............................... 23 Section 10.6 Required Insurance During Construction ....... I ....... Section 10.7 Insurance Terms ... ............................... 24 24 Section 10.8 Other Insurance; Waiver of Rights .................... Section 10.9 Adjustment ....... ............................... 24 25 Section 10.10 Lender Requirements ............ . ......... • ....... F: 1DOCUMENTIKBIBALDWiNIGRN©LSE.V5 110599 it 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 or Approval ....... ............................... 30 Section 12.2 Lease Termination Upon Assignment ................. 1 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:lDOCUM EN?IKBIBALDWIN\G Rid DLSE.V5 110599 iii t Section 15.12 Section 15.13 Section 15.14 Section 15.15 Section 15.16 Section 15.17 Section 15.18 Section 15.19 Section 15.20 Section 15.21 F:1DQCUMENT KB1BALDWINIGRNDLSE.V5 110599 iv 38 Signs. ... ............. ........................ 38 Consent Reasonable ............................... 38 Quiet Possession .. ............................... 38 Certificate . Estoppel ............................... Representations and Warranties of Tenant and Landlord .. 38 38 Attornment ....... ............................... 39 Limit of Tenant's Liability ............................ 39 Limit of Landlord's Liability .......................... 39 Sections ......... ............................... 39 Incorporation of Preamble and Exhibits ................ F:1DQCUMENT KB1BALDWINIGRNDLSE.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 9. 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, In or any Affiliate thereof with respect to the Pri oject. "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 otherthan Additional Rent, payment of the Permit Fees, paymentof 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 (otherthan 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:IDOCUMEN- RKB\BALDWIN!GRNDLS .V5 I 1 05g9 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 Doan, 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:1DOCUM ENT\KB18ALDW?N1GRN DLSE.vS 110599 2 "Disposition and Development Agreement is that certain agreement entered into ., reed 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 orothersecurity 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. FADOCUM EN_nKB1BALDW1N1GRNOLSE.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:\DOCUMEN-i\KB\BALDWIN\GRNDLSE-V5 11 OV)qq 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:1DOC UMENT\KB',BALDWI N\GRNDLSE.V5 i inr)gq 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 Plow. 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 Plow, 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 subjectto 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 E: 1DOCUMENTIKBIBALDWIN\GRRDLSE.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 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 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 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:1 DOCUMthITIKBIBALDWIN\GRNDLSE.V5 I I n ,nq 7 requirements of Section 42 of the Internal Revenue Code and Sectioh- 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 /or 4.5 ( "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:'ID3- 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:\DOCUMENTIKB\BALDWIN\GRNDLSE.V5 110599 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) days before the elate 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, F:I DOCUMEN- rNKB\BALDWIN\GRNDLSE.V5 910599 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 onlyto 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 pontractor ( "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 requirements of Section 10.6 ( "Required Insurance During Construction "), and (iii) evidence of proper worker's compensatioQ.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 :!D O C U M E N- RKBIBALD W! NLG RN D LS E. V 5 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 orto any other person, agency, political subdivision, firm or corporation, 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 P ro'6ct 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 encumber to 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: IDOCUMEN- RKBIBALDWINIGRNDLSE.V5 110599 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 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 nor will Tenant surrender its interest in this Lease without the written consent of each Lender. Section 8.3 Rights of Lender. Should Tenant obtain 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, co`rivey 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 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 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_1DOCUMEN' RKB\BALDWSNIGRNDLSE.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 Flow for the period in question; 8.42 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 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:\DOCUMENTIKB\BALDWIN\GRNDLSE.V5 11€599 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 paymentof 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 fortransfer 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(1), (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 Agreemen 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 F: 1DOCUMFNTFKBIBALDWiN!GRNDLSE.V5 110599 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(i), (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 Tenants inability or failure to perform the act and the time required to terminate this Lease, execute a new Lease to Lender and Lenders timely assignment of such new Lease; and E:kD OCUM E NT1K BIBALD W i NtG RN D LSE.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. 8.77 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 moneytoTenantand is named as beneficiary, Mortgagee, secured party drsecurity 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 16.15 ( "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.1DOCDMEN-r1KBkBALDWi€ \GRNDLSE.VS i nrznn 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 bxercised by a Lender and there exists more than one Lender the right rriay 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-. \DOCUMENTIKB\BALDWINIGRNDLSE.V5 7 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 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. 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, 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, 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 benefitof 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, or expenditure's of monies is the negligence orwiliful misconductof 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: IDOCUMEN- RKBIBALDWIN\GRND'�SE.VS l i nsaq 18 Casualty, at Tenant's own cast 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 9.4.3 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 subjectto;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 for the 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 E: 1DOCUMEN- RKBIBALDWINIGRNDLSE.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 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 righfs 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 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 F AD©CUMEN- RKB18ALDWINIGRNDLSE.V5 11 0599 20 .J costs or expenses (including reasonable attorneys' fees and court costs) imposed upon or incurred. by or asserted against Landlord by reason of: 1 0.1.1 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 repair as 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 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: 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 other fluid flowing below, in, above, upon or about the Property or the Project, F: IDOCUMENi1KBIBALDWINIGRNDLSE.V5 110599 �� or coming through any skylight, window, waif or trapdoor, or otherwise, whether as the result of storms or accident or otherwise; 10.2.2 for any damages arising from the leafage 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, 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 saidlitigation,� 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 l=ive 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:\DOCUMEN-RKB\BALDWIN1GRNDLSE-V5 22 110599 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/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 for the 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 deprecia`iton farad 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 cast shall be determined from i�lf Landlord eand Tenant cannot Landlord, by written agreement of landlord and Tenan 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:\DOCUMEN-RKBIBALDWIN\GRNDLSE.V5 11 0599 �� 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. Tenantshallprocurepoliciesforsuch 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 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 prior to the occurrence of loss or injury. Each party hereby waives all rights of recovery againstthe 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: IDOCUMENTIKBIBALDW{N\GRNDL5E.V5 11€1599 2d 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, 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: IDOCUMEN- RKBIBALDWIN\GRNDLSE_VS 11 0599 11.9.2 "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. 11.1.5 "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 11 means the taking by Condemnation of so g 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 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, 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 E:IDOCUMENTIKBISALDW IN\GRNDLSE.V5 110599 �� 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 orwillingness to make or negotiate a private purchase, sale or transfer in lieu of Condemnation. 11.2.2 Landlord, Tenant and each Lender small 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 (60) 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 F:\DOCUMENTIKB\BALDWIN\GRNDLSE.V5 110599 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 19.4 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, alter, modify or reconstruct the F:1 IaoCUMEN- RK818ALDW1NIGRNDLSE.V5 110599 28 Project ( "Restore ") so as to make it reasonably suitable for Tenant's continued occupancy forthe uses and purposes forwhich 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 howeverthat: (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 Subjectto 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 costof 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. 11.51 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 -%DOCU M ENTIKB\BALD W IN\G RNDLSE.VS 110599 29 Section 11 .6 Partial. Taking During Final Years of Lease Terre. 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 Luse 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; 1 1.6.3 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 Tenantdelivers possessionofthe Propertyand 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:1 DOC11MEN TtKBIBALDWINIGRNDLSE.V5 110599 30 12.1.2 the term of any assignment shall notextend 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 Right 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 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 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:I DOCUMENiZKB 1BAI_DWINIGRNDI_SE.V5 110599 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 under this 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 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 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 F:\DOCUMEN-RKBIBALDWIN\GRNDLSE.VS 110599 32 one hundred eighty (180) days after receipt of written notice of default where the default must be cured other than 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 inequity, 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 1422 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 all the detriment proximately caused by Tenant's failure to perform its obligations under this 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 publicwarehouse or elsewhere at the cost of and for the account of Tenant.) Section 14.4 Landlord's Right to Reiet the Property. In the event of the abandonment by Tenant as provided in Section 14.1 ( "Abandonment by Tenant "), or in the F: IUOCUMEN- RKBIBALDWINIGRNBLSE.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 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 other than 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 resetting 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 i - ight -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 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 or terms herein contained, which event of default remains uncured after the expiration of the grace periods F: \DOCUMENi1KB1BALDWINIGRNDLSE_V5 110599 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 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 Tenant's 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, labortrouble, 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:\DOCUMEN-RKB\BALDWIN1GRNDLSE.V5 11 0599 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 receiptiif 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 direct6d 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 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. F:\DOCUMEN-RKB\BALDWIN\GRNDLSE.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 ( "Leader 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 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 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 "short-form" of this Lease shall describe the parties, Landlord and Tenant, setforth 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:IDOCUMEN- RKB\BALDWIN\GRN ©LSE -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 Bach 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 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 may be required by a Lender, prospective assignee, subten ant orpurchase -r. 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:1 DOCUMEMN- RKBNBALDWINIGRNDLSE.V5 110599 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) small 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,flnly 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:I DOCUMEN- RKB\DALDWiN1GRN€]LSE.V5 110599 39 EXECUTED by the parties he reto as of this day of �— LANDLORD: Baldwin Park Redevelopment Agency By: Name: Title: Address: Baldwin Park Redevelopment Agency City Hall 14403 East Pacific Avenue Baldwin Park, California 91700 TENANT: (to be designated by KBMH) By: Name: Title: Address: 320 Golden Snore Drive, Suite 200 Long Beach, California 908024217 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:IDOCUMENT1KB3 BALDWINIGRNDLSE.V5 110599 $0 Exhibits A. Legal Description B. Preliminary Title Report C. Form of Memorandum of Lease F: IDQCUMEN'RKBIBALDWINIGRNDLSE.V5 110599 41 1 1 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: [See legal description attached hereto and incorporated by reference herein] F: IDOCUMEN- RKBIBALDWINIGRNDLSE.V5 110599 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 11123/99.) ri EXHIBIT B PRELIMINARY REPORT F: IDOCUMFN- RKBIBALDWINIGRNDLSE.V5 110599 43 [EXHIBIT C TO GROUND LEASES Recording Requested By: When Recorded Mail To: MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE is made as of the day of 719 , by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (to be designated by KBMH) (herein called "Tenant "). I- Landlord and Tenant have entered into that certain Ground Lease, dated , 1 9 (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 fora 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 daring 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. -\DOC U MEN- RKBIBALDWINIGRNDLSi=.VS 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. . LANDLORD: 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 F:\DOCUMENT\KB\BALDWIN\GRNDLSE.V5 110599 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) islare 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 COUNTY OF ) ) ss ) (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 he /sheAhey executed the same in his /her /their authorized capacity(ies), and that by his /her /their signatures) 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) F: IDQCUMEN- RKBIBALDWINIGRNDLSE.V5 110599 46 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: I . 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: $5,000.04 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. CAWINDOWSUEMPTILOT. DOC 110599 1 IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement as of the date set forth hereinbelow. DATE: ATTEST: M AGENCY SECRETARY APPROVED AS TO FORM: AGENCY COUNSEL, REDEVELOPMENT AGENCY FOR THE CITY OF BAL_DWIN PARK in EXECUTIVE DIRECTOR BAL_DWIN PARK SENIOR APARTMENTS, L.P. a California limited partnership By: Affordable Multi - Family, Inc. General Partner By: Name: Its: CAWlN DOWSUEMPIPILOT_DOC 110599 2 EXHIBIT A PROJEC_ T 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] CAWINDOWSITEMPIPIL,OT_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, plus parcel 905, 904, 903, 902, and 21. (Final Legal description to follow on 11/23199.) 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 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. 18Tedtnolor;y 4r. Suite 200 Irvine, CA 92618 949 753.1077 voice 949 753 -1145 fax 800814 -9595 toll -free info @nss- ttsa.com email www.nss -Ma ram Mr. Patrick Simons KAUFMAN 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 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 Projects units Surveyed Market Rate Senior 7 1,057 61% LIHTC Senior 4 457 26% Mixed LIHTC /Bond Senior 2 228 1 13% TOTAL 13 1,742 100% UNITS BY AFFORDABILITY LEVEL market rate 1,000 57% affordable a 742 43% r Includes set -aside units, LIHTC and Bond financed units across all project types. SOURCE: National Survey S s #ems Further breakdown of affordability by income level shows that about one -third (31 %) of the surveyed affordable units are held to 50% 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 PIMA. 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 19791 147 65 65 Villa del Vista 1986 60 0 Vintage Park 1990 86:_ 0 Subtotal, Market Rate 1,057 140 51 89 0 0 Senior -- Mixed Lark Ellen Village 1998 88 88 3 41 44 Village Green 1987 140 57 57 Subtotal, Mixed 228 145 398 44 0 Tax Credit Blessed Rock 1997 135 135 52;1 74 9 Heritage Park Duarte 1977 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% 44% 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 %. 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 98.7% 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 S stems 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 65t 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 "love' 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 3,0325 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 ($21,540/12!2). 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 PalomaslBaidwin Park 100 Ciippinger- Pratt/Covina (early planning stages) 71 Telacu /E1 Monte 75 Rosemead Housing Authority 188 USA Properties/West Covina (under construction) 125 Goldrich & Kest/West Covina under construction Subtotal, Pending 768 Assumes all units are direct! y competitive. Total Existin /Pendin Supply 2,502 SUPPLYIDEMAND 361 -unit undersupply even after construction of all known COMPARISON "proposed" projects, including subject project SOURCE. National SuffeZ 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 Rack, 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 Vilest 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. LCONCLUSION 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 PIMA will continue to be characterized as an under- su t. Sincerely, NATIONAL SURVEY SYSTEMS Ann erar ff Vice President Seniors/Multi- Housing Research KAU F MAN -)= BROAD Tuesday, January 18, 2000 Bill Van Cleave Mayor Pro -Tem City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA Re: Senior Housing Proposal RECEIVE0 JAN 1 9 2000 CITY OF BALDWIN PARK CITY CLERK'S DEPARTMENT 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. Blockiniz 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. KAUrMAN AND BROAD MULTI- HOUSING GROUT. INC. 320 GOLDLN SHOR €: SU11'6 200 TON(., BEACH CA 70902 -4217 TLI, 562.256.2000 FAX 562.256.2001 City Tax Base 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. Ling 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 -659 -9129. Respectfully, Alexis Gevorgian Director, Land Acquisitions CC: Arnold Glasman, City Attorney Betty A. Eslow Lori Kern Z�Z-~ BALDWIN PARK SENIOR APARTMENTS, LA COUNTY, CALIFORNIA 18- Jan -2000 DEVELOPMENT COSTS / SOURCES AND USES NET PRESENT VALUE CALCULATION 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 0 2001 Const/Lseup 0 0 0 0 2002 1 5,241 25% 5,000 1,310 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% 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 67,588 25% 6,468 16,897 23,365 2016 15 73,163 25% 6,5997 18,291 24,888 2017 16 78,857 25% 6,729 19,714 26,444 2018 17 84,671 25% 8,864 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 32,996 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 41,953 2027 26 142,584 25°% 8,203 35,646 43,849 2028 27 149,556 25% 8,367 37,414 45,781 2029 28 156,857 25% 8,534 39,214 47,749 2030 29 164,188 25% 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°% 9,238 81,619 90,857 2034 33 334,323 25% 9,423 83,581 93,004 2035 34 342,297 25% 9,611 85,574 95,186 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% 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 1 t f ►,w BALD IN 5 . A - R . W `�r1 FROM: CITY OF BALDWIN PARK City Council STAFF REPORT Steve Cervantes, Community Development Director June 16, 1999 SUBJECT: Specific Plan (SP 99 -2) for 56 -unit Senior Apartment — Location: 14349 Pacific Ave (Pacific/Maine/Sterling); Applicant: Kaufman and Broad Multi - Housing Group, Inc. PURPOSE This report requests City Council approval of a' specific plan to allow a 56 unit subsidized senior citizen housing development. BACKGROUND Kaufman and Broad Multi- Housing Group, Inc. (K &B) has submitted an application for a specific plan to allow the construction of a 56 -unit senior citizen apartment project at 14349 Pacific Avenue. The project received concept approval by the Redevelopment Agency on December 16, 1998. The site consists of six (6) parcels and two (2) city owned parking lots totaling approximately 59,600 square feet (1.4± acres) of lot area. The site is vacant except for a 1,220 square foot vacant office building and two City owned parking lots. The Subject Property's General Plan land use designation is General Commercial and is consistently zoned C -2. AIjacent 2wo� Prc a Use ®V[ilttM� zL 1 �' North C -2 Retail /Office South C -1 Church, Office East C -1 City Hall, Retail West C -1 Office Legal notices were published in the San Gabriel Valley Tribune, and mailed to all property owners within 300 feet of the subject property on June 4, 1999. The Planning Division has completed an Environmental Analysis. Pursuant to that information a Draft Negative Declaration has been prepared pending approval by the City Council. SP 99 -2 June 16, 1999 Page 2 DISCUSSION - Specific Plan The Specific Plan document is the regulatory mechanism that enables the construction of the proposed housing project. The Specific Plan is written to accommodate a land use and density that would not ordinarily be allowed under the City's current development standards. It takes into consideration the unique nature downtown infill housing designed under a traditional mixed -use concept. To accommodate the project, more flexible standards have been written into the Specific Plan. These standards supersede the standards of the Zoning Code. The key differences between the standards in the Specific Plan and Zoning Code are listed in the table below: Standard Zoning Code ;' Specific Plan 2... Maximum Density Maximum Bldg. Height '25.9 u/a 27 feet 2- stories 40.9 u/a 40 feet , 3- stories Building Length 150 feet 300 feet Minimum Floor Area 650 sq -ft. (1 -BR) 850 sq.ft. (2 -13R) 525 sq. ft. (1 -BR) 700 sq. ft. (2 -BR) Resident and Guest Parking 84 31 Private Open Space 100 sq.ft. /unit 50 Fence setbacks from street 15 feet 0 --10 feet Maximum density with 25% density bonus for affordable housing. - Development Plan The Specific Plan contains a provision that requires approval of a Development Plan before building permits can be issued. The Development Plan must be consistent with the standards and guidelines contained in the Specific Plan. In this instance, the Development Plan is not being processed concurrently with the specific plan. Subsequent approval of the Development Plan by the Planning Commission and City Council will be required before building permits can be issued for the project. The applicant has, however, submitted a concept drawing (Exhibit "D ") showing an example of what could be built under this specific plan. The final plans must be more precisely (C iLarryV4EPORTSiSP 99- 2cadoc) SP 99 -2 June 16, 1999 Page 3 drawn and receive Design Review Committee, Planning Commission and City Council approval. - Density The proposed density (40.9 unitslacre) is comparable to the recently approved senior housing project at Ramona Blvd. and Monterey Avenue (49.4 units /acre) and significantly less than the TELACU Court project at 14444 Pacific Avenue (75 units /acre). In terms ,of population density, the 56 units translates into an estimated population of 68 persons or 50 persons per acre. A typical family residential development with the same number of units would yield a population of approximately 224 persons or 163 persons per acre. The increase in density, through the introduction of residential development at this site, should be beneficial to the success of the downtown district. The presence of residents within walking distance of stores and services helps to support local businesses and prevent sales tax revenues from "leaking" outside of the city. The provision of residential uses in the downtown can also help to improve nighttime security and deter vandalism. Reductions of certain types of crimes often occur as a result of a phenomenon called "eyes on the street ", where the presence of residents (by being able to look outside their windows onto the street) adds an element of natural surveillance to an area that might otherwise be deserted. - Traffic Because of the fact that the project will be for low - income senior citizens, increased peak hour traffic generated should be negligible. Many seniors, especially low- income seniors, walk or use public transportation for daily activities. Within one quarter of a mile from the site are a grocery store, banks, the community center, restaurants, miscellaneous retail shops, medical offices, the City Hall, and the MetroLink Station. Still, prior to the approval of a development plan, the applicant will be required to conduct warrant studies for new traffic signals at Pacific Ave. /Maine Ave. and Sterling Way /Ramona Blvd. Parking Parking for the residents will be provided at a rate of .45 spaces per unit for the 44 one bedroom units and 0.9 spaces per unit for the 12 two bedroom units -- a total of 31 spaces. Recent parking surveys of actual parking usage at similar senior apartment (C U.arryIREPORTSISP 99- 2=,doc) SP 99 -2 June 16, 1999 Page 4 projects suggest that the City Code parking standard is unnecessarily high for this type of housing, and that the proposed rates should be more than sufficient. Customers and employees of the existing stores within this 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 within this block are technically landlocked from the rear (south); they are only accessible by crossing over an adjoining ap rcel. The proposed plan will correct this situation by establishin2 an easement for in Tess and egress, and by providing paved parking stalls and driveways. Although the Plan calls for the existing 30 public parking spaces to be removed, 33 new parking spaces will be provided for the use of the general public. Another 25 parking spaces are proposed along the rear walls of the Ramona Blvd. shops to replace the existing informal (dirt and gravel) parking stalls. By 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 majorit of arki 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 26 parking stalls within the 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: Front (City owned) 82 NIA 82 NI Rear: City owned 30 NIA 33 NIA Private 44 17% 67 23% Subtotal 156 60 %* 182 64%* Street 8 NIA $ NIA Total 164 NIA 190 NIA _ * The subtotal % of Code counts city owned parking toward meeting the Code requirements for parking. {CALargV;EP0PMSP 99 -2cc 600 SP 99 -2 June 16, 1999 Page 5 Since only 60% of the Code required parking is being provided, it would appear as though the entire block would suffer from a severe shortage of parking. However, an analysis of parking availability (Exhibit "F) within this block suggests otherwise. During certain times of the day, cars have been observed to cluster around certain businesses, but empty stalls are usually available within easy walking distance. Based on the this analysis, it appears that the number of existing and proposed parking stalls should be sufficient to accommodate the future parking needs within this block. - State Mandated Housing Production Construction of the proposed units will help fulfill two related affordable housing goals. The City's Redevelopment Agency is required to replace all low and moderate income homes demolished as a result of Redevelopment Agency actions. So far, very few of the 274 bedrooms that the Baldwin Park Redevelopment Agency has demolished within the low and moderate- income limits have been replaced. This project, if approved will help to reduce the Agency's replacement housing obligation by 68 bedrooms within the lower- income categories. The General Plan Housing Element's Regional Housing Needs Assessment (RHNA) requires sites to be identified for a specific number of low- and moderate - income homes. The RHNA allocation is devised by the Southern California Association of Governments (SCAG) and establishes housing production goals for all cities within the SCAG region. The preliminary 1998 -2005 Housing Element RHNA number for lower income units is 238. This project, if approved, will help satisfy the City's RHNA goal for the 1998 -2005 Housing Element planning period. The City's General Plan Vision Committee has recommended that the general plan land use classification for the downtown area, including this particular block, be redesignated to accommodate mixed -use development (residential and retail). At its May 26, 1999 meeting, the Planning Commission voted (3 -0 with one abstention) to recommend that the City Council approve the specific plan. RECOMMENDATION Staff and the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration and approve Specific Plan SP 99 -2 to allow the construction of a 56 -unit senior citizen apartment. (C:U- arry4REPOR TSSSP 99- 2mdocj SP 99 -2 June 16, 1999 Page 6 ATTACHMENTS: - Specific Plan SP 99 -2, Exhibits (A -C) - Exhibit "D ", Draft Concept Plan, dated May 26, 1 999 - Exhibit "E ", Existing Parking Diagram - Exhibit "F ", Parking Calculations — 14300 Block of Ramona Blvd. - Exhibit "G ", Parking Analysis - Vicinity Map - Opposition letter, dated May 25, 1999 - Environmental Data - Application Form and Statement - Resolution (C 1Larry�REPORTSASP 99- 2cc -d0c) Specific Plan 99 -2 June 16, 1999 Page 1 SPECIFIC PLAN SP 99 -2 JUNE 16, 1 999 LOCATION: MAINE l PACIFIC/STERLING APPLICANT: KAUFMAN AND BROAD MULTI - HOUSING GROUP, INC. Specific Plan 99 -2 June 16, 1999 SPECIFIC PLAN SP 99 -2 1.0 INTRODUCTION 1.1 PURPOSE_ AND INTENT Pale 2 This Specific Plan ( "PLAN ") is enacted pursuant to Section 65450 of the Government Code of the State of California and other applicable law. The purpose of this Plan is to provide for the development of a federally subsidized senior housing project on certain real property to which this Plan applies. This Plan will implement the objectives of the Housing Element of the City's General Plan. The Plan as such, will allow the site to be developed in accordance with California Tax Credit Allocation standards, and applicable law. Except as expressly provided herein, this document incorporates by reference, all applicable standards and regulations as set forth in the Baldwin Park City Zoning Regulations, ( "Code "). Pursuant to Section 153.017 of the City's Code, the standards and provisions of this Specific Plan take precedence over any contrary provisions in the Code. 1.2 LOCATION AND SETTING The site is surrounded on the southwest by Pacific and Maine 'Avenue on the southeast. All necessary shopping, medical, commercial and recreational facilities are conveniently within safe walking distance or are easily accessible by frequently operating public transportation provided by MTA and Foothill Transit GIC on Ramona Blvd. and the City shuttle. All utilities are available adjacent to the site on Maine Avenue and are adequate to serve the proposed 56 -unit project. The adjacent streets are adequate, with minimal off-site improvements necessary. An existing fire station is located within one half mile east of the site, Fire access throughout the site is provided per code to within 150 feet Specific Plan 99 -2 June 15, 1999 Page 3 of all portions of the building. The Julia McNeill Senior Center with its comprehensive senior programs is within walking distance. The Baldwin Park City Hall, with all of its administrative and public facilities is located across the street. The post office is also located within 1 mile of the site. The Los Angeles County Public Library is located within one mile of the site. 2.0 LAND USES Permitted uses allowed pursuant to this Plan shall be: 2.1 Subsidized (by federal tax credits) senior housing units, together with accessory uses related thereto. 2.2 Ground floor retail and or office. 3.0 DEVLOPMENT STANDARDS PURPOSES AND INTENT The provisions of this Plan have been established to provide for the orderly development of the Property. Application of the Plan is intended to protect the health, safety and welfare of the community. 3.1. DEVELOPMENT STANDARDS The following development standards shall apply to all lots located in the Plan area. 3.1.01 NEW CONSTRUCTION All construction on the Property shall comply with all applicable state laws in effect as amended from time to time, except as expressly provided in this Plan. 3.1.02 MAXIMUM DENSITY The maximum density shall not exceed 40.9 units per acre. 3.1.03 MINIMUM FLOOR AREA Each dwelling unit must have and maintain a minimum gross floor area as follows: a. One bedroom units: 525 square feet b. Two bedroom units: 700 square feet 3.1.04 LANDSCAPING �Specif c Plan 99 -2 .Tune 16, 1999 Page 4 The landscape required pursuant to this Plan is necessary to comply the General Plan, and render use of the Property compatible with surrounding and adjacent uses. It is intended to preserve, when possible, existing trees which will add to the aesthetic quality of development. A detailed landscaping and irrigation plan ( "PLAN -L ") shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The Plan -L shall conform to the landscaping requirements of HUD and the City's Design Review. Upon approval by the Planning Division of the Plan -L, the land and irrigation shall be installed and permanently maintained in accordance therewith. No trees shall be removed without good cause, and only with prior written approval by the Planning Division 3.1.05 HEIGHT OF BUILDINGS No building or structure shall be constructed of a height exceeding three stories or 40' -0 ". 3.1.06 BUILDING LENGTH No building shall be constructed in excess of 300 feet in length, and buildings shall be articulated in separate masses to more appropriately reflect the scale of the neighborhood. 3.1.07 PRIVATE OPEN SPACE At least fifty (50) square feet of private open space is required for each unit by way of a patio or balcony. 3.1.08 COMMON OPEN SPACE At least 1,200 square feet of common open space shall be provided, with a minimum dimension of 20 feet. 3.1.09 WALLS AND FENCES Walls and /or fences shall not be required around the perimeter of the site. 3.1.10 YARD AREAS The following required yard areas shall be observed: a. Buildings: at least ten (10) feet from any street side property line. Specific Plan 99 -2 June 16, 1999 Page 5 L Parking: at least five (5) feet from any street side property line. Decorative fences and wails may be constructed within the required yard areas. The precise location and design will be subject to approval by the Design Review Committee. 3.1.11 OFF- STREET PARKING The off-street parking spaces required for each principal use shall not be less than the following: a. Residential units (including guest parking): One bedroom units: 0.45 spaces /unit; Two bedroom units: 0.9 spaces /unit. b. Retail or Office: 1 space /300 square feet of floor area. c, General Public use: 33 spaces A special traffic and parking study shall be submitted for review by the Design Review Committee. The study shall include, but not be limited to a breakdown of user demand, peak demand and interchangeable uses. In the event that the study shows that actual parking needs exceed the minimum rate required by this Plan, the higher rate of parking shall he nrovidledl 11.12 EASEMENTS FOR INGRESS AND EGRESS Easements for ingress and egress shall be provided to allow vehicular access to the parking stalls located along the south walls of the buildings within the 14300 block of Ramona Boulevard. 3.1.13 UNDERGROUND UTILITIES All utilities serving the site shall be underground. 4.0 DESIGN GUIDELINES Building site and landscape design shall be in accordance with the attached Design Guidelines (Exhibit "C "). Design guidelines are regarded as an appropriate means of advancing Plan Area development goals. In particular, design guidelines can direct the Plan Area toward a more favorable development environment by disallowing poor design solutions and encouraging superior design practices. Nonetheless, the applicable criteria are intended to express "intent" rather than absolutes, thereby allowing a certain degree of flexibility as well as promoting creativity and innovation. Deviation from the guidelines shall be considered by the Specific Plan 99 -2 June 16, 1999 Page 6 Design Review Committee, however any deviations must exhibit a superior approach to fulfilling the intent, goals, and objectives of the Design Guidelines. The precise location and design will be subject to approval by the Design Review Committee. 5.0 DEVELOPMENT PROCEDURES After adoption of the Plan by the City Council of the City, no permit or entitlement shall be issued for the construction or placement of any new building, use or structure or any addition to existing building(s) or structure(s) on the property until such development has been considered and approved in accordance with the following procedure: All development proposals shall initially receive approval from the Design Review Committee followed by the submission of an application for approval of a development plan. Design Review and development plan applications shall be processed and approved in the manner provided in the Code. 6.0 IMPLEMENTATION PROGRAM The implementation of this Plan will be accomplished through the City's development review process, considering development plans from concept to construction drawings. Upon adoption of the flan, developers and/or property owners may prepare and submit plans for development within the Plan Area. Development plans shall be prepared ad submitted for review in conformance with the provisions of this Plan and the requirements of the City's Code. Project review shall progress as follows: The City's Plan/Design Review process represents the basis for approval or denial of a more fully developed design proposal, and no building permits will be issued until a proposal has received approval from the City's Plan/Design Review Committee. A more complete description of this process is provided as an attachment to the City's Plan/Design Review application form, and within the City's Zoning Code (Section 153.656). Provisions for an appeal of the Design Review Committee decisions to the Planning Commission. and City Council have been established. The intent of Plan/Design Review is to promote and enhance good design and site relationships in order to provide for more orderly development within the Specific Plan 99 -2 June 16, 1999 Page 7 City. The overriding design principle as established by the City's Zoning Code (Section 153.659.8) is as follows: "integrate the physical architectural element with the streetscape and to visually screen undesirable elements such as parking, storage, loading,- refuse collection and similar areas from the view of access streets, freeways and adjacent properties. " While this is a general design principle, the attached set of design guidelines are provided as a necessary means of clarifying appropriate design solutions, as well as providing a more substantial basis for the design review of protect proposals. Project proposals shall also submit an application for review of a development plan, which plans shall be considered and approved by the City Council, following a recommendation from City Staff and the Planning Commission. Typically, this procedure will follow Plan/Design Review, and precede the submittal of construction drawing to the City's Building Division for Plan Check approval. Construction drawings shall be drafted in compliance with an approved development plan. Any other necessary entitlements (i.e. conditional use permit, variance, etc) will be considered in conjunction with the development plan. Environmental review in accordance with the California Environmental Quality Act (CEQA) will be provided for each project proposal within the PIan Area. Measures necessary to mitigate foreseeable environmental impacts shall be incorporated as a condition of approval of the development plan and/or other necessary entitlement. 7.0 AMENDMENTS The provisions of this Plan, including but not limited to, the documents attached hereto as Exhibits "A: -C" inclusive, may be amended in the manner provided in Section 65450 of the Government Code as it now exists or as it may hereafter be amended. Specific Plan 99 -2 June 16, 1999 Exhibit "A" - Area Map Exhibit "B" - Land Use Diagram Exhibit "C" - Design Guidelines. Page 8 SPeeific }Flan 99 -2 June 16, 1999 EXHIBIT "C" DESIGN GUIDELINES Page 11 1. Building design shall avoid large monotonous facades, long straight line building fronts, plain box shapes and barren exterior treatment. 2. The roof lines of individual buildings should be varied, to reduce building mass. 3. Occasional building modulation (changes in depth and direction) should be used to provide shade, shadow and visual relief by varying setbacks and roof configurations to eliminate continuous uninterrupted walls and roof lines. 4. Building setbacks should increase with the height of the buildings; i.e. when possible, the second and third stories of a building should be set back further than the first floor. Alternatively, the entire building should be setback further from the adjacent property lines. 5. Common open space areas should be centrally and conveniently oriented and should contain amenities appropriate to the project's size and tenant mix. 6. The number of driveway aprons shall be minimized for aesthetic purposes, to achieve efficient and productive use of paved accessways and to eliminate traffic hazards. 7. Driveway areas should contain design features including landscaping and textured paving. When possible, landscaped islands should be incorporated into the driveway entry area to separate driveway lanes for ingress and egress. 8. Parking areas shall be screened from the street by a combination of a 3'0" to 6-0" high decorative block wall and/or landscaping. 9. Windows, doors, stairways, balconies, chimneys and other architectural features shall be treated in a decorative manner, consistent with the overall architectural theme, to break up monotony and add variety. For example, plain aluminum frame windows should be avoided and multi - paned, octagonal, bay, greenhouse, circular or other decorative styles should be used in their place. 10. All mechanical equipment including utility meters and transformers shall be screened as an integral part of the building design and should not look like a "tacked on" addition. Roof mounted equipment should be avoided. Specific Plan 99 -2 June 16, 1999 Page 12 11. Building materials should be selected for their architectural harmony, and aesthetic quality. A variety of harmonious materials should be used to avoid monotony. For example, stucco walls should include trim of other materials such as brick, rock, tile, or wood. 12. Roofing materials should consist of ceramic or concrete tile. Asphalt or composition shingles should be avoided. 13. Perimeter walls should be constructed of decorative concrete block (i.e. stucco coated with brick cap or tilt trim or other treatment), brick, stone, or wrought iron so as to be consistent with and complement the buildings architectural style and colors. 14. Building wall colors should be off - white, light earth colors or similar muted tones. Garish, non - harmonious, or out of- character colors should not be used. 1.5. The design of accessory structures, including but not limited to detached garages, laundry rooms and recreation rooms, should be harmonious with the architectural style and colors of the principal buildings on the site. 16. Long straight pedestrian walkways should be mitigated through off -sets, curvalinear approaches and changes in textures and/or colors. IT Decorative treatment of trash collection areas should be used to minimize the adverse visual impact of these areas. For example, trash enclosure walls could be stucco coated with tile trim and combined with a tile roof or wood trellis to match the building's architecture. Also, significant landscaping could be planted adjacent to the trash area to help soften its visual impact. 18. Landscaping shall be an integral part of the site design. Significant mature trees shall be preserved. Berming is encouraged within the required yard areas adjacent to the street. Landscape plans should be prepared by a Landscape Architect or other qualified person with extensive experience in the field of landscape design. 19. A variety of landscaping materials, textures, colors and FORMS shall be used, including trees, shrubs, ground. cover, flowering plants, boulders, rocks, walls, textured surfaces, trellises and other elements. Drought resistant plants are recommended. 20. All landscape areas must be separated from vehicular areas by a 6 inch concrete curb. Specific Plan 99 -2 June 16, 1999 Page 13 21. The design of all exterior light fixtures should be compatible with the building's architecture. 22. Parking areas, driveways and pedestrian areas shall contain automatically controlled lighting. 23. Parking areas shall be designed to avoid awkward turning maneuvers and the backing of vehicles into public streets. ' `'.vii i /I' �'�� ' NOV ~ LR4.�Sf % tea`' ; +_ s 1 � j Jt w a Av �. AL iM M I rw ! F. �Y N �� � W P i / r. � ,� + f P"� N �_ '! h®4�i �.ywt '" T. � � �+" ,.. �. /yam 1� � f!, i"A.4 ! \ IT k,i r E B.A.T , t� Kit k %T'It Exhibit "E" Existing Parking a <r �r aw om °rn- n�o�1M ro -�nlcp m Mla o�ooio vs h ,- U � iNlo r o aioININ o C7;.- NiNI�'NI I�-- o olo�o:o N: � � Y Q i Ci 'C]!010 O'h v]10 O m m'O;c): 0, �I,m'co a a C'7( Ih plcl7 -47 C7 �ICJivi tD co O,f-1,P p] -©: C3!C)!O]IF�,SFi j61 ia, Icn m'U ;:C i jm ion .M Io7 juJl Ci i'_ ;O lo7 D S2 c, N N w a Q'a a ° r10 i0 ©[V O O'O O N O d:d C7 LO M N V' C? o m to - { (D 3 - - - a C] o � � � o a a e Cl! a =N N 1C3 Lo Ir 1, V' Q> 00 (D N N v i� (O ice ' M_ O U Q m m i N N __7 M,_ ' l� , m m N N{ V5 'cY CL n N M (O co co U V5 f) a _ I ca i ... _ - -_ _� _- I _.._ ... i.... �. 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Z, N x N w N b Mc ID h . o -v _i —' 'm! �cl °E ° �13'O n F� chi 3 a c 'o rL4 w mfin n E .c psU; m! o! o o n _ o a) N Po €(-' m a m €@ Fa ti C71p 1-0 Q c[�u. =CEO O E 3 :4 co rn �' ;Y OIL ttJ UJIY O ��;EI� i6 mlmj� m NEU m ar `- Y Y Y c C, [p o v o.o 0 o1Qitzl U[ '> cti l— n a c p. n C]. N 3 a l a a l a O LO N d d lo n:Cr7 U) rr Ir [1 OIm " to m .!.- 11) O m N ti N ICSfd biN Nld l:fl i�Fl Tlr ICO N N N {{3n h SQ (n IN N I1 b S7 m CV(DyOIN �' IC71�' ttJ li'�Y M N NEte1 *- Q CL f- CL M C p m O - -_- } --.t -- i._..... _ �I ] I U6 N[__ m N V'i(fl1a3 N (7? C7'a C?irfNN IM c3 M'M V,'Q �'v1 o- ,I(nm u] '" m =M lmimrmir>Ir�lm m m vim m mEm co o alo�Q � a i r r v�v v�v:v v v N3N {� O v 73;r r r rir:r- =r,r ri Ir�r:rlr az�xrk. N Cl m r v v m a� Y d C N m rn (n Exhibit "G" Parking Analysis 1996 14300 81ock Ramona Blvd. Parking Analysis - 1996 (ia rryl stats 11430ORamonaParkingAnalysis) 82 spaces 74 spaces 156 spaces Date Time Front % Full Rear % Full Total % Full i 1a/9196 12:onpm 52- ;......_ 634 ° /a,,... 34, 45.9 %, 86' 55 1% .,,. ,.... - -- - + _........ ....... - I __........ 1019196! 4:45pm 1 61 74.4% 291 39.2% - - I 901_ 57.7% _....._. .W_ 10/10/96 10:30ami 31 37.8 %1 35 47.3 %1 661 42.3% i 10/10/9611 i 2:30pm 38 46.3% ° 39 52.7 /o 77 49.4 % 10111/96; 11:15am= 52� 63.4 %i 34 45.9 %', 86l 55.1% 10/11/961 1 _30 m, 50` 61.0% 1 38. 51 4% 881 56.4% 10/'12/9(j: i i 1:45am i 521 53.4 % - 34' 45.90/6j 8b 55,1% i 10/14/96.1 34I 41 5% 25 33.8% 59; 37.8% ._..__91,45am 3 0- /- 14-._ /96 3:1 5 m 48 58 5 /- I, 35�; - - 4- - -7 .. 3 %k , 53.2% --1- - �....... _ `...__. - -- -. 10/14/96 5:30pm I'i 501 61.0 %', 371 50.0 ° /a 87I 55.8% Average i 47] 57.1 /° ` 34145.9% 81 � 51.8% Hi h 61 74.4/ xt _ 39 � 52.7/1 1 - -90i 57.7% F �j I LOW 31 37.8% 25 33.8 %11 1 59, 37.8% (ia rryl stats 11430ORamonaParkingAnalysis) Parking Analysis 1999 Date 14300 Block Ramona Blvd. Parking Analysis - 1999 82 spaces 74 spaces Time Front % Full Rear % Full 156 spaces Total % Full 5/13/99 6'.46pm .. . ..... . ... .. . – 34! 41.5%. 16 21.6%1 501 32.1% 5/14/99 12.-10pm, 61; 74.4% 43 58.1%1 1041 66.7% 5/15/99 4:45pm 32� 39.0% 17' 23.0% 491 31.4% .51161991 12.30pm.!' 23€ 28.0 %. 15: 20.3% ... . .... .. ..... ............. 38� 24.4% 5/16/991 5-.50 pm 25 30.5 %i 8 10,8% 33` 21.2% 5/17/991 3--30pmi 54E 65.9% 461 62.2%1 1001 64.1% 5/18/991 3:00 p m! 431 52,4%, . . . ........... . .... ............. ........ 641____73.0%I .... ... . .... ...... ... 97� 62.2% .. ... ........ ------- . ....... .. Average 39' 47.4% 281 3840X 6 43.1% Low3 27 32,6%1 9 12.5% 36 23.1%1 HigW 61 74AW 54 73,0% 104 66.7% Low 231 MOW 8 10.8 %1 21.2%, Vacancv Adiustment 16% Average 45 53.6% 33' 51.5% 781 50.0% .—., High; 71 86.3% i 6384,6% 1331 85.5% Low3 27 32,6%1 9 12.5% 36 23.1%1 Sh-r u a bA� AREA. MAP wf,:)40.1 1-4171? -f I mO� 4, IL 82 N 4 C4 4 9 3 4 6, Parldng: Front: 82 (Ctty) -5 hear: 30 (CtM t 44 {PTKGte) Subtolol: 156 8 (Sfteef) oZr Totol: 164 8 Not to Scale z Sw+l. -or lam w-. WOIIII LFqwo Front: 82 (City) Rear: 30 (City) " (Private) Subtotal: 156 8 (Street) 7otd: 164 5u-.. f-: � wlff Front: 82 (City) Rear: 34 pm O 44 (ftute) g Subtotal: 156 8 (Sheet) L- Total: 164 W row I�j o7l r�uw�a��n :� or .1 J F;A R I ,. From'' 82 (City) 57+ Rear: 30 (City] 140 44 (Priv&ej .3 D Subtotd: 156 8 (Street} Z Totoi: 164 f d Not to Scale T�b-q Wf- -f I A - 13 " O0 p e" I Fr lz;i j. 82 (CM Rear: 30 (Coy) 44 (Atvate) 3G Subtotal: 156 8 Total: 164 1 0.)L 82 14311 r fill Subject Ir'roperty ,�► a tll "Ib Case: SP -99 -2 Address: 14349 Pacific Avenue Date: May 26, 1999 Not to Scale ' PA.TTEN, FA.IT11 Sc SA.NDFORD WILLIAM E. FAITW ATTORNEYS AT LAW E SANOFDRO ERIC ERIC FAITH 63S WEST FOOTHi LL EIOULEVARO TELE:P"oNE 16261 359 -9335 KEVIN WELCH MONROVIA, CALIFORNIA 91016 -2097 FAX: (6281 303 -2391 LORRAINE GRINOSTAFF EMMETT E. PATTEN THOMAS O. IdOFf MAN (1912-19671 May 25, 1999 Planning Commission City of Baldwin Park 14493 East Pacific Avenue Baldwin Park, California 91746 Re: Case Number SP -99 -2 Address: 14349 Pacific Avenue Dear Commissioners: I represent Cecelia Lee, one of the owners of the real property located at 1434$ Ramona Boulevard, Baldwin Park, California. A request has been made for approval of a specific plan to allow the construction of a three -story, 56 -unit apartment development at 14349 Pacific Avenue. This location is presently vacant land which borders the rear of my client's property. The plans submitted will deprive my client of _0 1a r f A ik p?'op tty and to paklcing wlifCFr she presently ::t%j3y5and has enjoyed for an extended period of time. Since parking is extremely limited on Ramona Boulevard for all the businesses located on Ramona Boulevard between Pacific and Maine Avenue, the proposed development will unduly impact on my client's business by eliminating certain parking spaces available to her business and to other businesses in that block. Furthermore, the 56 -unit apartment complex will also increase the demand for on -street parking and the traffic on all of Ramona Boulevard. Finally, the complex would limit my clients' access to the rear of her store, substantially interfering with the operation of her business and value of her property. We ask that you deny the permit necessary to allow construction. We do not believe that these impacts have properly been taken into account. My client has owned and operated her business at this location for over 30 years. This proposal will severely impact her business as well as those of her neighbors. There is no evidence that any of this has been taken into consideration in designing or reviewing this proposal. Very truly yours, PATTEI , FAIT & ANDFQRD I Thomas O. f� ffmaml TQH/fas cc: Cecelia Lee CITY OF BALDWIN PARK DATE: APPLICANT: TYPE OF PERMIT: FILE NO.: .Tune 16, 1999 City of Baldwin Park Specific Plan SP 99 -2 LOCATION OF PROJECT: 14349 Pacific Avenue DESCRIPTION OF PROJECT: A Specific Plan and Development Plan to allow the construction of a 56 unit affordable housing development. it is the opinion of the ❑ Zoning Administrator ❑ Planning Commission ® City Council ❑ Other that, upon review of the project, it has determined that the project significant effect upon the environment. Mitigation Measures [N Are attached ❑ Are not required Date(s) of Public Notice: May 6, 1999 Legal advertisement ❑ Posting of the properties ® Written notice (C:ILarry\CEQA\NEG DFC SP 99- 2.doe) will not have a (Title) CITY OF BALDWIN PARK INITIAL STUDY I !. BACKGROUND 1. Name of Proponent: Kaufman and Broad Multi - housing Group, Inc. 2 3 4 5 R Address and Phone Number of Proponent: 320 Golden Shore, Suite 200 Long Beach, CA 90802 -4217 {562y256= 2000-. _ _ -- Date of Checklist Submitted: March 24, 1999 Agency Requiring Checklist: City of Baldwin Park Name of Proposal, if Specific Plan applicable: Fe Number: SP 99 -2 11 ENVIRONMENTAL IMPACTS (C :1Larryl CCQA US -SP 99 -2. doo) � ?!\*, ?. Y v 1.) Earth. Will the proposal result in: a. Unstable earth conditions or in changes X in geologic substructures? b. Disruptions, displacements, compaction X or over covering of the soil? c. Any increase in wind or water erosion of X soils, either on or off site? d. Exposure of people or property to geologic hazards such as earthquakes, X landslides, mudslides, ground failure, or similar hazards? 2.) Air. Will the proposal result in substantial air emissions, deterioration of X ambient air quality, or change in climate? 3.) Water. Will the proposal result in X changes in ground water quality or quantity, or in alterations of existing drainage patterns? (C :1Larryl CCQA US -SP 99 -2. doo) INITIAL STUDY SP 99 -2 PAGE 2 w r, i 4.) Plant and Animal Life. Will the proposal result in change in the diversity of species, or X number of any species of plants or animals (including trees, shrubs, grass, crops, microflora and aquatic plants)? 5.) Noise. Will the proposal result in: X a. Increases in existing noise levels? b. Exposure of people to severe noise X levels? 6.) Light and Glare. Will the proposal produce X new light and glare? 7.) Land Use. Will the proposal result in a j subsian lai alteration oil' i:i)e pfeserif or X planned land use of an area? 8.) Natural Resources. Will the proposal result in: a. increase in the rate of use of any natural X resource? b. Substantial depletion of any X j nonrenewable natural resources? 9.) Risk of Upset. Does the proposal involve a X risk of an explosion or the release of hazardous substances (including but not limited to oil, pesticides, chemicals, or radiation) in the event of an accident or upset condition? 10.) Population. Will the proposal alter the location, distribution, density, or growth rate X of the human population of an area? 11.) Housing. Wi ll the proposal affect existing X housing, or create a demand for new housing? 12.) Transportation /Circulation. Will the proposal result in: a. Generation of substantial additional vehicular movement or alteration to X present patterns of circulation or movement of people and/or goods? INITIAL STUDY SP 99 -2 PAGE 3 c. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? X 13.) Public Services. Will the proposal have an effect upon or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? X b. Police protection? X c. Schools? X d. Parks or other recreational facilities? X e. Maintenance of public facilities including X roads? 14.) Energy. Will the proposal result in a X substantial increase in the use of energy? 15.) utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? X b. Communications systems? X c. Water? X d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? x 16.) Human Health. Will the proposal result in X the creation of any health hazard or potential health hazard? 17.) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open X to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? 18.) Archeological /Historical. Will the proposal result in an alteration of a significant X archeological or historical site, structure, object or building? 19.) Mandatory Findings of Significance. INITIAL STUDY SP 99 -2 PAGE 4 ISSU@ To @ri1t{8 (<�{ R Ote A 11y. fSS id fl a. Does the project have the potential to X degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have the potential to X achieve short-term, to the disadvantage of long -term environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief period of time, while a long -term impact will endure well into the future). lczz the nroje vt ',ass e .mp. acts which are i individua €ly limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impacts on each resource is relatively small, but where the effect of the total of those impacts on the environment is significant.) d. Does the project have environmental X effects which will cause substantial adverse effects on human beings, either directly or indirectly? INITIAL. STUDY SP 99.2 PAGE 5 Ill. DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been added to the project. A NEGATIVE X DECLARATION WILL BE PREPARED. Date: March 24 1998 I find the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. (Signature) City Planner (Title) City of Baldwin Park IV. DISCUSSION OF ENVIRONMENTAL EVALUATION Earth a. The topography of the property is relatively flat and the area is suited for grading. The project will result in minor grading for the preparation of building sites and excavation of utilities. Liquefaction potential, landslides and surface soil failures do not represent significant geotechnical constraints to the project. The project will result in the removal of a 1,220 ± s.f. office structure, and the reconfiguration of public parking lots to accommodate a 56 -unit senior citizen apartment building. The project will have small open space areas, which will be landscaped to allow for the absorption of surface water. The site is served by a storm drain system, which provides protection for the subject site and general area. INITIAL STUDY SP 99 -2 PAGE 6 C. The project site is located in a relatively flat, urbanized area with a very low potential for wind and water erosion of soils. Southern California is considered a seismically active area and contains a number of active potentially active, and inactive faults. There are no Known faults passing directly within the site, and the occurrence of direct ground rupture is not likely. The project will expose additional people to ground shaking from earthquakes due to the additional housing stock provided to the area. However, the potential is similar throughout Southern California and no unique or unusual risk is posed by the proposed project. Policies and measures directed toward mitigating any adverse impacts are addressed in the Public Safety Element of the City's General Plan. Further standard building code provisions provide protection form ground shaking, and the project is subject to the standards of the Uniform Building Code. 2. Air The project is located within the South Coast Air Basin which is a non - attainment area for selected pollutants and air pollution is a regional problem. Pollution levels in Baldwin Park are a result of not only local emissions, but also of those throughout out the region. The Southern California Association of Governments and the South Coast Air Quality Management District have adopted a South Coast Air Quality Management Plan (SCAQMP), and the proposed project is consistent with that plan. The project will not have a significant impact upon air quality; however, there will be a temporary increase in air pollutants emissions during the construction phase. Construction dust and air pollution will be reduced to a less that significant level with mitigation measures. Mitr ation Measures Measures to reduce air pollution include the following: 1) That the applicant adhere to applicable SCAQM rules insuring the clean up of construction - related dirt on approach routes to the site. 2) That watering techniques shall be employed to partially mitigate the impact of construction - generated dust particles. 3) Maintenance and servicing of construction equipment to minimize exhaust emissions. 4) Halting of construction activities during Stage One and Stage. Two smog alerts. 3. Water The project will result in an increase of impervious surfaces. This coverage may result in an increase in the amount and speed of runoff during storms; however, the site is adequately protected by a storm drain system that serves the area. 4. Plant and Animal The site is located in a substantially developed urban area. There is no significant remaining natural vegetation. The native vegetation has been replaced by imported species over the years. Further there are no biological impacts because there are no unique, rare or endangered plant or animal species within the City. 5. Noise a) Noise levels would increase temporarily during the construction phase of the project. Construction is regulated by the City and is addressed in the Municipal Code to limit overall noise levels to an acceptable range. Increased population and development will result in INITIAL STUDY 5P 99 -2 PAGE 7 increasing noise from a variety of sources commonly found in an urban environment (human activities, mechanical equipment, automobiles, pets, etc.) This increase is considered to be less than significant. b) The existing and anticipated future noise levels from vehicle traffic along Pacific Avenue are considered incompatible for residential uses unless mitigated. Mitigation Measures: Double -pane glass shall be used for all windows. 6. Light and Glare Lighting throughout the project site must comply with City Standards intended to promote public safety. Lighting in the project site will include additional street lights for the proposed street and residential lighting. An increase in the amount of lighting will result from the need to provide for adequate street lighting. Street lighting levels are generally low in residential areas and the lighting provided for the extension of the proposed street would be subject to the standards of the Municipal Code requirements. 7. Land Use The site is mostly vacant, with a 1,220 square foot vacant office building and two paved city owned parking lots. The proposed project would include demolishing the office building, and construction of 56 apartment units for lower - income senior citizens. The introduction of residential development at this site should be beneficial to the success of the downtown district. The presence of residents within walking distance of stores and services helps to support locai businesses and prevent sales tax revenues from "leaking" outside of the city. The provision of residential uses in the downtown can also help to improve nighttime security and deter vandalism. Reductions of certain types of crimes often occur as a result of a phenomenon called "eyes on the street', where the presence of residents (by being able to look outside their windows onto the street) adds an element of natural surveillance to an area that might otherwise be deserted. Mitigation Measures: The project design shall be more precisely detailed to ensure compatibility between the new residential uses and the existing commercial uses along Ramona Blvd. New parking and trees shall be arranged in a way that provided an appropriate transition between the uses. Pedestrian paths shall be clearly marked to allow ease of pedestrian travel to the adjacent commercial uses. 8. Natural Resources Natural resources will be used for construction materials, but the project will have no significant increase in additional energy usage. 9. Risk of Upset The residential zone does not allow for the use, storage or transportation of hazardous materials. Therefore, there are no potential hazards or risk of upset associated with this project. 10. Population The provision of 56 units will increase the population of the area by approximately 68 persons. The increase in population would not create a significant impact. The potential result of increase manpower and equipment needed to serve citywide demands are evaluated annually. 11. Housing INITIAL STUDY SP 99 -2 PAGE The project will increase the housing stock of the City, and provide for affordable housing opportunities. The provision of 56 lower- income senior apartments will assist the City in providing replacement housing for low- and very low - income units demolished as a result of recent redevelopment activities. 12. Transportation /Circulation a) The project will result in an a minor increase in traffic. However, because of the nature of the project (senior citizen housing), the anticipated traffic is expected to be minimal. The project is expected to generate approximately 2.8 additional a.m. peak hour vehicle trips, and 4.5 p.m. peak hour trips. Vehicular access to the site will be from Pacific Avenue. The adjacent streets have the capacity to handle the projected traffic generated by the proposed project. Mitigation Measures: A warrant study for traffic signal will be required for the intersection of Pacific Avenue /Ramona Boulevard and Sterling Way /Ramona Blvd. If warranted, the applicant shall be responsible for the installation of the traffic signal at this /these intersection b) Thirty -one (31) on -site parking stalls will be provided for the residents and guests of the 56 units. This amount of parking translates to a rate of .45 spaces per unit for 1 -br units, and .9 spaces per unit for the 2 -br units, which is 30% of the Municipal Code parking rate of 1.5 spaces per unit. An analysis of similar senior citizen apartment projects listed below reveals that the actual resident parking needs are approximately .30 spaces per unit. Senior Housing Parking Analysis By 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 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 26 parking stalls within the 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: p:jc.: Assignez' Project City units Provided Rate Parking Spaces Rate Courtyard Pasadena 70 18 0.26 10 56% 0.14 Pointe Los Angeles 84 25 0.30 25 100% 0.30 Terrace Hawthorne 75 24 0.32 23 96% 0.31 Plaza Los Angeles 40 16 0.40 11 69% 0.28 Senior Housing Hawthorne 75 32 0.43 26 81% 0.35 Amador El Monte 70 30 6.43 19 63% 6.27 Monterey Park Plaza Monterey Park 67 30E---04-51 6 20% 0.09 Senior Court Baldwin Park 75 44 0.59 18 41% 0.24 Vistas Los Angeles 100 60 0.60 47 78% 0.47 Casa East Los Angeles 75 48 0.64 20 42% .0.27 Gardens Commerce 24 16 0.67 8 50% 0.33 Manor Commerce 75 54 0.72 41 76% 0.55 Southbay Manor National City 76 59 0.78 14 24% 0.18 Villa Moreno Valley 75 66 0.88 22 33% 0.29 Totals 981 522 0.53 290 56% 0.30 Monterey Ave Baldwin Park 75 34 0.45 0% 0.00 By 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 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 26 parking stalls within the 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: INITIAL STUDY SP 99 -2 Location of Parking =Stalls within. 14300:;... Block Existing, Propased # of Stalls; % of Co de. #:of Sialls %`of Code Front (City owned) 82 NIA 82 NIA Rear: City owned 30 NIA 33 NIA Private 44 17% 67 23% Subtotal 156 60 %` 182 64 %* Street 8 NIA 8 NIA W uTotal 164 NIA 190 NIA * The subtotal % of Code counts city owned parking toward meeting the ' Code requirements for parking. PACE 9 On paper, since only 60% of the Code required parking is being provided, it would appear as though the entire block would suffer from a severe shortage of parking. However, an analysis of parking availability within this block suggests otherwise. 14300 Block Ramona Blvd. Parking Analysis - 1999 82 spaces 74 spaces 156 spaces Date Time Front % Full Rear % Full Total % Full 5113199 6.46pm 34 41.5% 16 21.6% 50 32,11% 5/14199 12:10pml 61 74.4% 43 58.1% 104 66.7% _.. /151QQ. 5116199 _ 511 916511 916 4 5/17/991 4:45 -321 12:30pm 231. 5:50pm 25 3:30pm _._._ 54 39011/6 28,0 %1 30.5% 65.9% ... 17. 15 8 461 23AW 20,3 %�� 10.8% 62.2 % 49. 38 33 10() 31 A% 4 4% 21.2% 64.1% 5/18199 3:00pm 43 52.4% 54 73.0% 97 62.2 %n i 1 Averages 39 47.4% 281 38.4% 67 43.1% Nigh 61 74.4% 54 I 73.0% _ 104 66.7% Low 23 28.0% 8 10.8% 33 21.2% Vacancy Adjustment 16% During certain times of the day, cars have been observed to cluster around certain businesses, but empty stalls are usually available within easy walking distance. Based on the this analysis, it appears that the number of existing and proposed parking stalls should be sufficient to accommodate existing and future parking needs within this block. Mitigation Measures: The applicant shall supply at least 33 parking stalls for general public use to the south of the commercial buildings within the 14300 block of Ramona Blvd. An easement for ingress and egress shall be provided to allow the use of the driveways within the subject property to access the backs (south side) of the properties within the 14300 block of Ramona Blvd. I Average 45 53.6% 331 51.5% 78 50.0% High 71 86.3% 63 84.6% 133 85.5% Low 27 32.5% 9 12.5% 36 23.1% During certain times of the day, cars have been observed to cluster around certain businesses, but empty stalls are usually available within easy walking distance. Based on the this analysis, it appears that the number of existing and proposed parking stalls should be sufficient to accommodate existing and future parking needs within this block. Mitigation Measures: The applicant shall supply at least 33 parking stalls for general public use to the south of the commercial buildings within the 14300 block of Ramona Blvd. An easement for ingress and egress shall be provided to allow the use of the driveways within the subject property to access the backs (south side) of the properties within the 14300 block of Ramona Blvd. INITIAL STUDY SP 99 -2 PAGE 10 c) The design of the project limits the number of drive approaches to two on Sterling Way and one on Pacific Avenue thus minimizing potential traffic, bicycle and pedestrian hazards. 11 Public Services a) Police. Public services are already in place to serve this development. The project may result in some increase in police calls, although on -site supervision and security fencing should minimize such calls. The design of the project incorporates a number of "Crime Prevention Through Environmental Design" (CPTED) principles to reduce opportunities for crime. For example, the buildings fronting Pacific Ave and Maine Ave will be designed with an "eyes on the street" orientation, with doors and windows facing the street without intervening walls. This type of building orientation provides for the natural surveillance of the streets and has proven to enhance public safety. b) Public services are a €ready in place to serve this development. The project may result in some increase in police and fire calls. c) There would be no increase in local school enrollment. d) Although residential uses will increase under the proposed project, the project is not expected to significantly impact the existing parks or recreational facilities. The City collects a 'Development Fee', which can be utilized to off -set the potential impact of the proposed nMip(-t, 14. Energy A net gain of 56 senior citizen residential units will increase the demand for energy. However, the proposed growth is a small portion of total regional growth and does not represent a significantly different energy use. The impact of this growth will not be significant. 15. Utilities a) The site is served by existing utilities. No problems in providing services is foreseen. b) The site is currently being served by an adequate communications system. No problems is providing these serves is foreseen. c) The site is currently being served by and existing water distribution system. No problem in providing services is foreseen. d) The City's sewer system is maintained by the County Sanitation District, which provides an adequate system. No problems in providing services are foreseen. e) The project site is not within a flood zone area. The increase in £rnpervious surfaces will marginally increase runoff form the project area. The proposed project will be required to provide satisfactory drainage to available storm drains. f) A net gain of 56 senior citizen residential units will increase the demand for solid waste disposal; however, the level of solid waste generation is small in comparison to total solid waste disposal on a regional level. 16. Human Wealth The development of the proposed project does not involve unique or unusual human health INITIAL STUDY SP 99 -2 PAGE 11 concerns. The project will not expose people to additional health hazards such as disease or exposure to hazardous materials. 17. Aesthetics The project will not result in the obstruction of any scenic views open to the public. Through the Design Review process, the project will be designed so as to ensure that no aesthetic offensive site, building, or mechanical equipment will be open to public view. Further, the project is compatible with the surrounding adjacent properties and consistent with the Design Guidelines developed by the City. 18. ArchaeologicallHistorical The site does not contain any structures possessing local landmark status or listed on the National Register of Historic Places. 19. Mandatory Findings of Significance a. The proposed project will have no impact on fish or wildlife, endangered plant species or examples of major periods of California history or prehistory. The proposal does not have the potential to degrade the quality of the environment. b. The project is not expected to have any long term adverse environmental impacts, and is in keeping with the long range considerations of the General Plan. Thp rlarrtWaflve impact, of the nmi?ct are not expected to be significant, sine al) potential individual impacts are proposed to be mitigated to a level of less than significant. d, The project will not cause substantial adverse impacts on human beings, and is in keeping with the provisions of the City's General Plan.. INITIAL STUDY SP 99 -2 ENVIRONMENTAL INFORMATION FORM Date filed: March 24, 1999 General Information 1. Name and address of developer or project sponsor: Kaufman and Broad Multi- Housing Group, Inc.. 320 Golden Shore, Suite 200 Long Beach, CA 90802 -4217 (562) 256 -2000 2. Address of project: 14349 Pacific Ave 3. Assessor's Block and Lot Numbers: 8554 -020 -021, 900, 901, 902, 903, 904, 905 PAGE 12 3. Name, address and phone number of person to be contacted concerning this project: Lawrence Onaga, City Planner, Planning Division, City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, CA 91706, (626) 813 -5261. 4. Indicate the number of the permit application to which this form pertains: 7 S. List and describe any other related permits and other public approvals required of this project, including those required by city, regional, state or federal agencies: Public approval by the Planning Commission and City Council for the specific plan and development plan. A parcel reap is required in order to consolidate the parcels. A Disposition and Development Agreement will be required. 6. Existing zoning district: C-2, General Commercial 7. Proposed use of site (Project for which this form is filed): Development of 56 senior citizen apartment units PROJECT DESCRIPTION The proposed project involves the demolition of an existing office building, and assembling 6 lots to form a 59,600 square foot (1.37 acres) development site. The combined site will have frontage on Pacific Ave to the east, Maine Ave on the south, and Sterling Way to the west_ Vehicular access will be provided from Pacific Avenue and Sterling Way. The proposed housing development consists of a three story 56 unit — apartment for lower- income senior citizens. The one - bedroom units will be 550 square feet in floor area; the two bedroom unit will be 700 square feet in floor area. Thirty -fone on -site parking stalls will be provided for residents. The parking will be open surface parking. INITIAL STUDY 5P 99 -2 PAGE 13 ENVIRONMENTAL CHANGES Are the following items applicable to the project or its effects? Discuss all items below checked "yes" (attach additional sheets as necessary). YES NO 1. Change in existing features of any bays, tidelands, beaches, or hills, or substantial alteration of ground contours. 2. Change in scenic views or vistas from existing residential areas or public lands or roads. 3. Change in pattern, scale or character of general area of the project. 4. Significant amounts of solid waste or litter. 5. Change in dust, ash, smoke, fumes or odors in vicinity. 6. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 7. Substantial change in existing noise or vibration levels in the vicinity. 8. Site on filled land or slope of 10 percent or more. 9. use of disposal or potentially hazardous materials such as toxic substances, flammable or explosives. 10. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 11. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.). 12. Relationship to larger project or series of projects. DISCUSSION OF ENVIRONMENTAL CHANGES There will be no significant environmental changes. ENVIRONMENTAL SETTING 0 X X X X X X X X X X X Incorporated in 1956, the City of Baldwin Park is located approximately 17 miles east of downtown Los Angeles. The intersection of the 1 -10 (San Bernardino) and 1 -605 (San Gabriel River ) Freeways lies near the southwest corner of this 6.8 square mile City. It is predominantly a residential bedroom community, although recent efforts on the part of the City have placed a greater emphasis on promoting commercial and industrial land uses. However, the City is near "build out ", focusing efforts on the redevelopment of land, especially within freeway close properties. According to the most recent State Department of Finance figures, the City population has surpassed 76,000 persons. This is more than double the population in 1960. A predominantly Hispanic working class community, the City has also experienced a recent increase in its Asian population. Also interesting is that according to the 1990 Census, the City has a considerably larger than average household size that the County average, suggesting increased pressure on the City's housing stock and the provision of services. 11 BALD\AnN P - A • R • K TYPE OF APPLICATION General Plan Amendment _ Zone Change _ Code Amendment Development Plan CRA Conceptual Approval APPLICATION INFORMATION Lan Jse Application CITY OF BALDWIN PARK PLANNING DIVISION 14403 E. PACIFIC AVE BALDWIN PARK, CA 91706 (626) 813 -5261 Zone Variance' T Conditional Use Permit _ Administrative Adjustment _X_ Specific Plan Other Name of applicant(s) Kaufman and Broad Mi0 t3 -Housi g Group. Inc. Address 320 Golden Shore, Suite 200 Long Beach, CA 90802 -4217 Phone No. Capacity Owner(s) of Record City of Baldwin Park Owners Address 14403 E. Pacific Ave., Baldwin Park, CA 91706 PROPERTY INFORMATION Assessor Parcel Number(s) Tract and Lot Number(s) Existing General Plan Designation General Commercial Existing Zoning for each parcel - Existing Land Use Vacant Land Code Section to be amended Purpose of request Specific Plan CERTIFICATION STATEMENT: I /we acknowledge the filing of this application and certify that all the above information is true and accurate and that I/we have familiarized myself /ourselves with the relevant provision of the Baldwin Park Planning Division (Note: a person acting as agent of the owner of record must complete and have notarized the attached Own om the legal owner.) Signature Date Signature Date -------------------------------------------------------- FOR CITY USE ONLY: File No.: Fee: Receives! by: F /Planning/FormslLandapp Date: RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A SPECIFIC PLAN TO ALLOW THE CONSTRUCTION OF A 56 -UNIT SENIOR AFFORDABLE APARTMENT DEVELOPMENT (APPLICANT: KAUFMAN AND BROAD MULTI - HOUSING GROUP, INC.; LOCATION: 14349 PACIFIC AVENUE; CASE NO.: SP 99 -2). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: a) That applications ( "Applications ") for a Specific Plan and a Development Plan were submitted on behalf of the owners of certain real property, located at 14349 Pacific Avenue in the City of Baldwin Park, described more particularly in the Applications on file with the City Planner; and b) That the Specific Plan is requesting approval to allow the construction of a 56 -unit senior apartment development pursuant to Government Code Section 65450; and c) That on May 26, 1999, a duly noticed public hearing was held on said CuMlinission, and bawd it Fior, evidence preser,La.t including applicable staff reports and each member of the Commission being familiar with the properties, the Planning Commission recommended that the City Council approve the Specific Plan; and d) That a duly noticed public hearing was held on said Applications by the City Council, and based upon evidence presented including applicable staff reports and each member of the Council being familiar with the properties, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Applications are present and that the Specific Plan should be approved. SECTION 2. That Specific Plan, as herein described be, and the same hereby is approved. SECTION 3. 'That the City Council at the time of the public hearing on the above matter reviewed and considered the proposed Mitigated Negative Declaration of Environmental Impact. That the City Council, based upon its public review, does hereby find that said Mitigated Negative Declaration has been prepared and was considered pursuant to the provisions and guidelines of the California Environmental Quality. Act, and hereby adopts the Mitigated Negative Declaration since there is no substantial evidence that the project will have a significant impact on the environment. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the Secretary of the Planning Commission and the Applicant. PASSED AND APPROVED this 161" day of June, 1999. Mayor Resolution No. 99- ,June 16, 1999 Page 2 ATTEST: KATHRYN V. TIZCARENO, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS. CITY OF BALDWIN PARK ) I, KATHRYN V. TIZCARENO, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 99 -- was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on June 16, 1999, by the following vote: AYES : COUNCILMENBER: NOES : COUNCiLMENBER: ABSENT : COUNCILMENBER: ABSTAIN : COUNCILMENBER: KATHRYN V. TIZCARENO, CITY CLERK 0 ,a F w � �1 ct r�r � Az� w lit- . Jlk tit' 4p 4. Jt 40� f 0" e V 1 SQ U J Q p O FLq PCI ^ ' 'I 71 P-11 Y< . . . . . . . . . . . . r . . . . . . . e V 1 SQ U J Q p O FLq PCI ^ ' 'I 71 P-11 0 -.0 d �Qy 1 9 e V 1 SQ U J Q p O City of Baldwin Park Redevelopment Agency Kaufman and Broad (K &B) 66- Unit Senior Housing Project Parking Analysis Parking Stalls Within 14300 Block of Ramona Blvd. Front (City Owned) Rear (City Owned) Rear Private Total Existing Proposed # of Stalls # of Stalls 82 82 Increase in Proposed Parking Spaces 0 30 57 44 32 (K &B) 74 89 15 Subtotal 156 171 Off -Site Street Parking 8 8 0 Grand Total 164 179 15 --A CO to Oo rr__oi ca w 3 N I it W 0 boy $g.c��sy� rn w Zl� 14 ZZ ��jl e �s Nog Q P� 12 N K 4 e rn i y LOCAL OUTREACH PROGRAM S VS pw Baldwin Park Senior Apts. FEB 2 z000 Baldwin Park, California CITY OF BALDWIN PARK CITY CLERK'S DEPARTMENT Baldwin Park Senior Apartments will feature one and two bedroom apartment homes for seniors 55 years and older. The apartment homes will feature private patios/balconies, central air conditioning, refrigerators, dishwashers and an emergency call system. The community will include a clubhouse for the residents' extensive social activity and educational programs, on -site parking and laundry center. The management will implement an extensive social and activity program to enhance the quality of the residents' lives. Nutrition classes, transportation to shopping (including mobility impaired accessible vehicles), affordable and reliable housekeeping services, blood pressure /diabetic screening, on -site podiatry services, exercise classes, yoga, Tai Chi, financial planning, referral services, continuing education programs and computer literacy programs will be available. The community will also sponsor day and overnight trips to locations such as Las Vegas, theatre productions, the Long Beach Aquarium and other locations suggested by the residents. In order to develop relationships with the local community, we will partner with the local medical centers, financial institutions, universities and social services to assist in the implementation of these programs. The community clubhouse will also host voter registrations, flu vaccination prograrns, chamber of commerce meetings and other events, which would be available to residents and the local community. Due to the specific qualifications of the resident profile, the marketing program will be focused on seniors, 55 years and older. To accomplish a successful lease -up of the community, the following marketing programs will be implemented. PROMOTIOAL PROGRAMS Depending on market factors, we anticipate the following promotional programs: Anticipated Market Sources Frequency Comments • Drive — Byduring Construction Develops waiting list • Drive — By once open Large source of traffic • Resident Referral Large source of traffic • Local Baldwin Park Newspapers weekly Newspaper • Local Periodicals monthly Magazines, Club Journals Property Marketing Promotions • Drive -by Traffic Builders: Construction signage (during construction only), Main I.D. monument sign and intense seasonal color at entrance. G Flags (7ft x 3ft. vertical /3 -color to coordinate with exterior building colors) on 21 foot poles. • Human Directional: In order to increase weekend traffic, human directionals could be implemented at local intersections. This program would utilize a person with a hand held sign advertising the availability of local senior housing. • Local Newspapers: Display ads will be placed in the local Baldwin Park newspapers in order to target market the current residents of the city of Baldwin Park. • Publications: Full page /full color ads would. be placed in local directories and publications tailored at and distributed to the Baldwin Park community. • Resident Referrals: This is a significant source of traffic and qualified residents, particularly in the senior market and should be utilized to its fullest. Resident referral flyers will be distributed to the residents on a monthly basis and also referred to in the monthly newsletter to current residents. • Direct Mail Postcards & Flyers: These will be mailed out to the current residents of Baldwin Park a minimum of 90 -days prior to completed construction. The mailers will be sent to Baldwin Park churches, the Senior Citizens Center, local housing agency, the local Association of Realtors, the City Library, City Hall and other city departments to list a few. Outreach Strategy • Medical Community. Direct communication with local hospitals via telephone and monthly personal visits to provide brochures and related marketing materials, as well as to verify the property's availability and assist in meeting housing needs which will be documented on the Corporate Outreach Marketing Log. • Public Housing Agency /Authority: A list of available apartments and floorplans will be delivered to the department every two weeks. An Open House will be scheduled for the employees to present the community through tours and demonstrations of services provided at the property. • Horne Health Care Agencies: Contact local Home Health Care agencies within the city of Baldwin Park. These agencies could provide a viable means of marketing to prospective residents and assist in meeting housing needs for those residents who may be physically challenged. These agencies would be a resource for our residents as well. Communication with agencies will be via direct mailers, telephone and invitations to visit the community. All visits to be documented on the corporate outreach marketing log. • Baldwin Park Clubs & Organizations: Several organizations would be targeted to outreach market due to their association with the senior citizens market They may include but are not limited to: AARP, (local chapter) American Diabetes Association (local chapter) Baldwin Park Chamber of Commerce Baldwin Park Senior Center These organizations will be contacted via telephone and personal visits to establish communication between organizations to assist in housing needs. Brochures, floorplans, and related marketing materials will be provided to each organization prior to completion of construction. An ongoing outreach program will be established to ensure they are informed of availability and are supplied with property marketing materials. All visits to be documented on the corporate outreach - marketing log. Resident Retention: • Newsletters: Distributed Monthly • Social Activities • Simply Superior Service: Customer service program custom designed by management • Lease Renewal Program: Incentive program to be determined and designed by management. Collateral Material: + Property Brochures • Post Cards • Direct Mail Flyer • Business Cards • Referral Cards • Stationary Training: • Training Manuals. Bench Mark series will be in place • Training Sessions: The Regional Training Director of AIMCO will offer a variety of classes throughout the year. Outside sources will be used for specific tax credit training and compliance. ci s .. ... L-75 c Of Of LLI c�z 0 uj W ® LLJ C) .. co �. Ad y s .. ... �'... LL LLI 0 uj .. co �. 2§ ��� ������\�.�..:.... 0 7AM mm-, r� A � 1.0 FROM: r� Rick Forintos, Interim Rosemary Ramirez, DE February 4, 2000 INTER-OFFICE MEMORANDUM SUBJECT. February 2, 2000 -City Council Meeting Action relopment The following action was taken by the City Council at their meeting held February 4, 2000. • The City Council /Agency denied the Disposition and Development Agreement of Kaufman & Broad for the Multi Housing project. City Resolution No. 99 -94 and CRA Resolution No. 347 not approved. cc: p,ayle Keller, Interim Chief Executive Officer Agenda - February 2, 2000 Page 2 AGENDA FOR THE REGULAR MEETING OF THE CITY OF BALDWIN PARK CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY FEBRUARY 2, 2000 7:00 P.M. COUNCIL. CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 Individu..als are invited and welcome to participate in public camment'periods provided during the course of the neiotings bf thid City Council/Redevelopment Agency.; However, disturbances of Council /Agency meetings: will got be tolerated and are punishable as a misdemeanor. (Penal Code §403.} A. CALL TO ORDER B. INVOCATION C. PLEDGE OF ALLEGIANCE D. ROLL CALL: Councilmembers: Ricardo Pacheco, Linda Gair, Marlen Garcia, Mayor Pro Tem William "Bill" Van Cleave and Mayor Lozano E. PROCLAMATIONS/COMMENDATIONS/PRESENTATIONS None PUBLIC COMMUNICATIONS — ALL AGENCIES FIVE (5) 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 con el Concilio acerca de cualquier tema, por favor pase adeiante durante Communication Oral. On interprete estara presente. Agenda — February 2, 2000 Page 3 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 wid 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 normal sequence on the Agenda. A. APPROVAL OF MINUTES —December 15, 1999 (Study Session) Recommendation: Approve B. CLAIMS AND DEMANDS Recommendation: Waive further reading, read by title only, and adopt Resolution No. 2000 -10 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 -Tem Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of interest). C. PURCHASE OF SEIZED VEHICLE Recommendation: City Council approve the purchase of a seized 1994 Mitsubishi 300OGT with asset - forfeiture funds and authorize staff to allocate the net proceeds obtained from the sale of the vehicle, towards the purchase needed for equipment, technology, and /or communications hardware. D. APPROVE PLANS AND SPECIFICATIONS AND SOLICIT BIDS FOR THE CONSTRUCTION OF MEDIAN PEDESTRIAN PUSH BUTTON SIGNAL AND PARKING LOT IMPROVEMENTS, CIP 859 Recommendation: City Council approve the plans and specifications and authorize staff to advertise and solicit bids for the construction of median and pedestrian push button signal, CIP 859 E. ORDINANCE NO. 1156 —AMENDMENTS TO THE MUNICIPAL CODE RELATING TO TEMPORARY USE PERMITS — OUTDOOR DISPLAYS Recommendation: Waive further reading, read by title only, and adopt on second 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 110, OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO TEMPORARY USE PERMITS ". F. FINAL APPROVAL OF SALE OF CITY OWNED PROPERTY; LOCATION: 4137 -4141 N. MAINE AVENUE; PURCHASER: DR. HERNANDEZ Recommendation: City Council approve the proposed sale of 4137 -4141 N. Avenue to Dr. Hernandez and authorize the execution of all appropriate documents in connection with the sale and close of escrow. G. CLAIM REJECTIONS — KATHERINE TRAN (99 003A); and ERICA FORD (99 008A) Recommendation: Council reject the claims of Katherine Tran, Claim No, 99 003A; and Erica Ford, Claim No. 99 008A, and direct staff to send the appropriate rejection letter to claimants. Agenda — February 2, 2000 Page 4 2. SET MATTERS -PUBLIC HEARINGS (7:00 P.M. or as soon thereafter as the matter can 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. PUBLIC HEARING TO CONSIDER WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE REMOVAL OF POLES, OVERHEAD WIRES, AND ASSOCIATED OVERHEAD STRUCTURES AND THE UNDERGROUND INSTALLATION OF WIRES AND FACILITIES FOR SUPPLYING ELECTRICAL, COMMUNICATION OR SIMILAR OR ASSOCIATED SERVICES WITHIN THOSE AREAS GENERALLY DESCRIBED AS UNDERGROUND UTILITY DISTRICT NO. 99 -1 Recommendation: Conduct public hearing waive further reading and adopt Resolution No. 2000 -09 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 99 -1; and, direct staff to work with Southern California Edison company, as well as the affected property owners, to provide assistance in completing the required meter conversion. B. PUBLIC HEARING TO DETERMINE CITY'S NEEDS UNDER THE CONSOLIDATED PLAN / ANNUAL ACTION PLAN FOR FY 2000 — 2001 Recommendation: Conduct public hearing to determine the housing and community development needs of the City pursuant to Federal Consolidated Plan Regulations. C. JOINT 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 THAT INCLUDES KAUFMAN AND BROAD MULTI HOUSING GROUP, INC., "DEVELOPER". (Continued from January 19, 2000 -- Related Item on Study Session Agenda Item 1 -A and on CRA Agenda Pubiic gearing Item 2 -A) 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." 3. REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES A. NAME CHANGE OF FRAZIER STREET (BETWEEN LEDFORD STREET AND MERCED AVENUE) TO CRUZ BACA STREET Recommendation: City Council to set public hearing for March 1, 2000, for the purpose of considering renaming Frazier Street to Cruz Baca Street; direct the City Clerk to publish notice accordingly; and, direct staff to notify all property owners along Frazier Street between Ledford Street and Merced Avenue. Agenda — February 2, 2000 Page 5 B. STATUS OF FISCAL YEAR 1997 -98 AND 1998 -99 AUDIT BY THE CITY'S INDEPENDENT AUDIT FIRM Recommendation: 1) Direct staff to continue to work with Moreland & Associates to complete the annual financial statements for fiscal year 1997 -98; 2) direct staff to develop a schedule to begin the work required for the completion of annual statements for fiscal year 1998 -99; and 3) authorize staff to develop a proposed "Request for Qualifications" for auditing services for fiscal year 1999 -2000, for City Council's approval. 4. COUNCIL/STAFF REQUESTS AND COMMUNICATIONS A. Police Department — Verbal update on D.A.R.E. Program 5. CLOSED SESSION 6. ADJOURN COMMUNITY REDEVELOPMENT AGENCY CONSENT CALENDAR All items listed are considered to be routine business by the Agency and wili 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. A. WARRANT REGISTER NO. 500 Recommendation: Approve warrant Register No. 500 B. APPROVAL OF MINUTES —DECEMBER 15, 1999 and JANUARY 5, 2000. Recommendation: Approve. 2. SET MATTERS -PUBLIC HEARINGS (7:00 P.M. or as soon thereafteras the mattercan 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 FOR A PROPOSED SENIOR PROJECT WITH BALDWIN PARK SENIOR APARTMENTS LP, A LIMITED PARTNERSHIP THAT INCLUDES KAUFMAN AND BROAD MULTI HOUSING GROUP, INC., "DEVELOPER" (Continued from January 19, 2000 — Related item on Study Session Agenda Item 1 -A and on City Council Agenda Public Hearing Item 2 -C) Recommendation: Conduct public hearing, waive further reading, read by title only, and adopt Resolution No. 347 entitled, "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 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 — February 2, 2000 Page 3. REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES A. CONCEPTUAL APPROVAL OF A MULTI FAMILY DEVELOPMENT 4 -UNIT (TWO DUPLEX UNITS) WITHIN SIERRA VISTA REDEVELOPMENT PROJECT AREA — LOCATION: 4213 DOWNING STREET, APPLICANT: Z. SUN ASSOCIATES, INC. (Carry over item from January 19, 2000 Agency meeting) Recommendation: Agency conceptually approve the proposed 4 unit (2 duplexes) multi- family residential development located at 4213 Downing Avenue. 4, AGENCY /STAFF REQUESTS AND COMMUNICATIONS 5. CLOSED SESSION 6. ADJOURN CERTIFICATE OF POSTING I, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was poste y on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 27" day of,_�an ry, 2000. Rosemary M. 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 THE 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 will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102.104 ADA Title 11). COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 CITY COUNCIL AGENDA FEB 0 2 2000 ITEM N0. t DECEMBER 15, 1999 WEDNESDAY 7:00 P.M. The CITY COUNCIL and 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, Marlen Garcia, Mayor Pro -Tern William "Bill" Van Cleave, and Mayor Manuel Lozano. Also Present: Arnold Alvarez- Glasman, 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. CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATOR — GC §54956.8 The City Council /Redevelopment Agency recessed to a Closed Session at 6:03 p.m. and reconvened at 7:25 p.m., with all members present. The City Attorney reported the action as follows: Property: 21.5 Acre Site bounded by Big Dalton Ave (west), Merced Avenue on the north, Puente Avenue on the East, Garvey Avenue and the San Bernardino Interstate 10 Freeway south. ACTION: This item was not discussed. Matter will be trailed until after the adjournment of all agency meetings. CONFERENCE WITH LEGAL COUNSEL Significant exposure to litigation, pursuant to ANTICIPATED LITIGATION — GC §54956.9 Section 54956.9(b) Number of Two (2) Cases: ACTION: City Council received briefing from staff. No final action taken. Nothing further to report. Study Session Minutes — December 15, 1999 PUBLIC EMPLOYEE APPOINTMENT GC §54957 CONFERENCE WITH LABOR CONFERENCE WITH REAL PROPERTY NEGOTIATOR — GC §54956.8 Page 2 Initiation of litigation, pursuant to Section 54956.9(c) Number of One (1) Cases: ACTION: Continued to January 5, 2000. Title: Personnel /Risk Manager ACTION: City Council gave Interim Chief Executive Officer Keller authorization to extend an opportunity of employment to individual. No final action was taken but direction has been provided. Agency Dayle Keller, Interim Executive Officer Employee SEIU; Professional and Technical employees; Police Management Employees; Confidential Employees; and General Management Employees ACTION: No action taken at this time. This matter will be held over until January 5, 2000. The Council / Agency recessed the Study Session at 7:25 p.m. The Council /Agency reconvened at 10:44 p.m., with all members present. City Attorney Alvarez - Glasman reported the action as follows: Property: 21.5 Acre Site bounded by Big Dalton Ave (west), Merced Avenue on the north, Puente Avenue on the East, Garvey Avenue and the San Bernardino Interstate 10 Freeway south. Negotiating Agency Negotiating with Lewis Parties: Retail Agency Dayle Keller and Arnold Alvarez - Negotiators: Glasman Study Session Minutes — December 15, 1999 F-110110111011] Page 3 Under Terms and Conditions of Disposition Negotiation: and Development Agreement ACTION: Agency approved the exclusive negotiating agreement with Lewis Investment Company, LLC, consistent with the terms presented in the written agreement provided to the Agency Board in Closed Session. There being no further matters before the Council /Agency, meeting adjourned at 11:04 p.m. Approved as presented by the CouncillAgency at their meeting held February 2, 2000, Rosemary M. Ramirez, Deputy City Cleric Dayle Keller, Agency Secretary RESOLUTION NO. 2000 -10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK CITY COUNCIL AGENDA FEB 0 2 2000 ITEM N0. -If-&- 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 102298 to 102642, inclusive, voids: 102298, 102306, 102320, and 102641 for the period of December 26, 1999 through January 8, 2000 inclusive, has been presented and hereby ratified, in the amount of $383,592.03. SECTION 3. That General Warrants, including check numbers 114809 to 115041 inclusive, in the total amount of $1,038,988.90 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 February 2nd, 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 February 2nd, 2000, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CITY CLERK/DEPUTY Jan 25, 2000 04 :06pm Page 1 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114809 to 115041 -- -- — --------- -"- ----- ---- ------ ---- --- - - - - -- — -----------'----------"------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 304 DISCOUNT EQUIPMENT COMPANY AP 114809 01/13/00 64'.30 r, Claim# General Description 28502 STORAGE BOXES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 62267 01/13/00 64.30 64.30 GL Distribution Gross Amount Description Gross Amount 100-25 -5210 64.30 STORAGE BOXES 100 -00 -1010 ------------------------------------------------------------- Vend# Vendor Name #01 P /E: 01/08/{70 .------------------------------------------------------------------------- Bank Check# Chk Date Check Amount Sep lGa CITY OF B.P. PAYROLL AP 3.1483.0 01/7.3/00 240,934.71 Claim# General Description 28501 PAYROLL DEPOSIT. #0l P /Ec 01/08/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount AmL Discount Used Net Amount 0 01/13/00 240,934.71 240,934.73. GL Distribution Gross Amount Description 100 -00 -1010 240,934.71 #01 P /E: 01/08/{70 -'---_- ------`----------------`----------------------------------------------------------------------- Vend## Vendor !Game ------ Bank Check# --- -------- -- `-- --- -`` - -- Chk Date Check Amount Sep 3145 A A EQUIPMENT AP 114812* 01/13/00 13.81 Claim# General Description 28443 EQUIP RENTAL PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5350 0 93767 12/09/99 13.81 0.00 13.81 GL Distribution Gross Amount Description 130 -56 -5270 13.81 1 EA - * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FACTORY SERVICE MAINTENANCE AND REPLACEMENT PARTS FOR 70HN DEER GATOR PO Liquidation Amount 130 -58 -5270 13.81 ----------------------------------------------------------- .------------------------------------------------------ '--------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount .Sep 4748 A -1 CONCRETE PUMPING SERVICE AP 114813 41/13/00 170,50 Claim# General Description 28444 CONCRETE PUMPING SERV- MORGAN PK POOL PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6687 C 5396 10/20/99 170.50 0.00 170.50 GL Distribution Gross Amount Description 114 -61 -5000 -093 170.50 1 EA CONCRETE PUMPING SERVICE FOR REPAIRS AT MORGAN PARK POOL PO Liquidation Amount 114 -61 -5000 -093 170.00 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) San 25, 2000 04:06pm Page 2 Check History, Hank AP Check Bates 00 /00 /00 to 99/99/99 Check #'s 114809 to 115041 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4464 ALL AMERICAN ASPHALT CORPORATION AP 114814 01/13/00 367,032.67 Claim# General Description 28445 RECONSTRUCTION /OVERLAY PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5785 0 72618 12/21/99 367,032.67 0.00 367,032.67 GL Distribution Gross Amount Description 111499 114 -53 -5020 -850 367,032.67 1 EA CONSTRUCT 1999 -2000 GAS TAX STREET IMPROVEMENT PROJECT, CIP 850 114 -53- 5020 -650 0.00 1 EA ** CONTINGENCIES C) 10a ** 11/21/99 28.00 PO Liquidation Amount 112799 11/27/99 114 -53- 5020 -850 -- --------- - -.--- ---------'----_.._-________ 367,032,67 _....__-- _------ "__- ..__.. -- --- - --- --- ----- -..- -- --------___--------------------------------- 120499 -- Vend# Vendor Name 49.00 6.00 Bank Check# Chk Date Check Amount Sep 4112 B.T.G. STUDIO, INC. 12/12/99 24.50 AP 114815 01/13/00 649.50 Claim# General Description 28493 PRINT T- SHIRTS PO# Stat Contract.# Invoice# 5977 C 4159 GL r strihuticn 100 -72 -5210 100 -72 -5210 PO Liquidation 100 -72- -5210 Claim# General Description 28494 PRINT T- SHIRTS PO# Stat Contract# Invoice# 5958 C 4219 GL Distribution 100 -72 -5210 100 -72 -5214 PO Liquidation 100 --72- -5210 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 11/23/99 243.56 0.00 243.56 Gross Amount Description 103.47 1 EA ARTWORK, FILM AND SCREEN FEE 140.09 24 EA 50/50 PRINTED T- SHIRTS Amount 2.2.9.49 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/13/99 405.94 6.00 405.94 Gross Amount Description 121.84 1 2.A ARTWORK, FILM, AND SCR22N FEE 284.10 50 EA PRINTED T- SHIRTS, 50/54 Amount 357.22 - -------- ---- -- --------------------------------------------------------------------------------- ------------- ---- ------ - - - - -- - - - - -- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2968 BALDWIN PARK EXPLORER POST AP 114816 01/13/00 21.3.50 Claim# General Description 28446 CAR WASH PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5352 O 092599 09/25/99 31.50 0.00 31.50 111499 11/1.4/99 38.56 0.00 38.50 3.12199 11/21/99 28.00 0.00 28.00 112799 11/27/99 42.00 0.00 42.00 120499 12/04/99 49.00 6.00 49,00 121299 12/12/99 24.50 0.00 24.50 GL Distribution Gross Amount Description 130 -58 -5210 213.50 1 EA * * *' ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2006 * * ** WASHING CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA} Jan 25, 2000 04:06pm Page 3 Check History. Bank AP Check Dates 00 /00/04 to 99/99/99 Check #'s 114809 tc 12.5041 POLICE 3DgPARTMENT VEHICLES PO Liquidation Amount 130 -58 °5210 213.50 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 125 BENLO R.V. SERVICES AP 114817 01/1.3/00 55.52 Claim# General Description 28447 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dtt Gross Amount Discount Amt Discount Used Net Amount 5353 0 668625 11/29/99 55.52 0.00 55.52 GL Distribution, Gross Amount Description 130 -58 -5270 55.52 1 HA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** POLICE DEPARTMENT MOTORHOME„ UNIT #CPI PO Liquidation Amount 130 -58- -5270 55.52 Vend# vendor Name Bank Check# Chk Date Check Amount Sep 4544 CAR QUEST AUTO PARTS WHOLESALE AP 2.7.487.8 01/13/00 451.66 Claim# General Description 28448 AUTO SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5669 0 6- 196411 12/02/99 451.66 0.00 451.66 GL Distribution Gross Amount Description 130 -58 -5210 451.66 1 EA * * ** ANNUAL PURCEASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** BRAKE SUPPLIES PO Liquidation Amount 130 -58 -5210 451.66 ----------------------------- .-------------------------------------------------------------------------------------------- Vend# vendor Name Bank Check# -----__-_--- Chk Date Check Amount Sep 3286 CERTIFIED TRANSMISSION AP 114819 01113100 3,016.54 Claim# General Description 28449 TRANSMISSION REPAIRS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Not Amount 5486 0 4906 12/10/99 1,335.02 0.00 1,335.02 4904 12/15/99 1,683.52 0.00 1,683.52 GL Distribution Gross Amount Description 130 -58 -5270 3,018.54 1 EA * * ** ANNJAL PURCF.ASE ORDER FOR FISCAL, YEAR 1999-2000 * * ** TRANSMISSION REPAIRS PO Liquidation Amount 130 -5B -5270 3,018.54 ----------------------------- ----------------------------------------- ------------------------------ --'-----------'--------------------- CCS.AP Accounts Payable Release 5,7,4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 4 Check History, Bank AP Check Bates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 3034 CITRUS CAR WASH AP 114820 01/13/00 399.00 Claim# General Description 28450 CAR WASH PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5449 0 0 12/29/99 399.00 0.00 399.00 GL Distribution Gross Amount Description 130 -58 -5210 399.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** WASHING POLICE DEPARTMENT AND CITY VEHICLES PO Liquidation Amount 130 -58 -5210 399.00 --------------- ---- --- ......____---- ------ - -- ---__- ----------------------------------------------------`-- --- -'---- ----------- ----- ------ Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 2336 COMMUNITY UNION, INC AP 17.4821 01/1.3/00 2,858.23 Claim# General. Description 28452 NOV SERVICES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5712 0 0 x2/29/99 2,858.23 U.00 2,856.23 GL Distribution Gross Amount Description 120 -43 -5000 -164 2,858.23 1 EA * * ** ANNUAL PURC7ASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** EDUCATIONAL ENHANCEMENT PROGRAM PO Liquidation. Amount 120 -43- 5000 -164 2,858.23 ------------------ . ------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1827 CONTRACTORS EQUIPMENT COMPANY AP 7.14622 01/13/00 317.50 Claim# General Description 28451 PARTS /LABOR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5355 0 6362785 01/27/98 -99.60 0.00 -99.60 9711901 10/14/99 391.08 0.00 392.08 9572160 12/09/99 26.02 0.00 26.02 GL Distribution Gross Amount Description 130- 58-5270 317.50 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** REPAIRS AND PARTS FOR CASE TRACTOR PO Liquidation Amount 130 -58 -5270 317.50 -------------------------------------`-------`----`------------------------------------------------- Vend# Vendor Name ---- Sank Check# -- ----- --------- -- --- -`--`-- Chk Date Check Amount Sep 3969 CORED ELECTRONICS AP 114823 01/13/00 120.00 Claim# General Description 28453 REPAIR PAN UNIT FOR ROOF CAMERIA PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6077 C 18046 11/30/99 120.00 0.00 120.00 GL Distribution Gross Amount Description 200 -57 -5000 120.00 1 EA REPAIR OF PAN MIT FOR ROOF CAMERA CCS.AP Accounts Payable Release 5.7.4 N *APR7D0 By SANDRA A (SANDRA) San 25, 2000 04:O6pm Page 5 Check History. Bank AP Check Bates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 PO Liquidation Amount 100 -57 -5000 120.00 -----__-..---------------------------°_-°_-_-----°_--___-_-------------------__.-------_..--------------------------------------------- Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 265 COTTON BELAND ASSOC. AP 114624 01/13/00 2,227.00 Claim# General Description 26454 PROFESSIONAL SRV TBRU 12/19/99 PO# Stat Contract# Invoice# Invc Ot Gross Amount Discount Amt Discount Used Net Amount 0005925 12/22/99 2,227.00 0100 2,227.00 GL Distribution Gross Amount Description 10.68 F MONARQUE PP #01 120 -43 -5000 -030 2,227.00 PROF SRV THRU 12/19/99 Bank Check# --------- -- ----- --------- --- - -- — -- — --- ------- --- Hank Check# Chk Date Check Amount Sep _-`---------------------------°_-___-_-__-_-________-----_----------___.._-_--_--_-_-----_---------_---------------------------------- Vend# Vendor Name AP 114627 Bank Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 114625 01/13/00 14°68 Claim# General Description 28455 FRANK MONARQUE CA8E #EAD0088373 SS #558 -23 -9400 PP #01 -PAY DATE 01/13/00 PD# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 10.68 0.00 10.68 GL Distribution Gross Amount Description 100 -00-2231 10.68 F MONARQUE PP #01 _._-------------------°__-_---__°_-____--_-------__-------------------------------- Vend# Vendor Name Bank Check# --------- -- ----- --------- --- - -- — -- — --- ------- --- Hank Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 114627 AP 114826 01/13/00 10.68 Y Claim# General Description 28456 CSE #BD0084335 FRANK MONARQUE PP #01 PAY BATE: 01/13/00 SS# 558 -23 -9400 PO# Stat Contract# Invoice# Invc Dt Gross .Amount Discount Amt Discount Used Net Amount 0 01/13/00 10.68 0100 10.68 GL Distribution Gross Amount Description 100 -00 -2231 10.68 MONARQUE PP #01 --------------------------------------------------------°__-------_---_.-__----___----------_---___--------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 114627 01/13/00 10.68 Y Claim# General Description 28457 CASE #BY0335206 FRANK MONARQUE PP #01 -PAY DATE 01/13/00 SS #556 -23 -9400 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 10168 0.00 10.68 GL Distribution Gross Amount Description 100 -00 -2231 10.68 MONARQUE PP 401 --------------------------------------"------`--`---`------------`------------------------------------ -------- --- ---------- ---- - --- -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Can 25, 2000 04:06pm Page 6 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 1_14809 to 115041 ------------------------------..___--___---------------------------------------------------------------_---------..-__---------------- vend# vendor Name Bank Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 114828 01/13/00 10.68 X Claim# General Description 28,158 CASE #CSD0021699 FRANK MONARQUE PP #02. PAY DATE 01/13/00 SS# 558 -23 -9400 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01 /13/00 10,68 0.00 10.68 GL Distribution Gross Amount Description 100 -00 -2231 10.66 MONARQUE PP #01 _------°----------------------------------------------_---_-------------------__---____---_---__----------°_--------_--_------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 114829 01/13/00 200.50 Y Claim# General Description 28459 CASE #D0984128 PETER A MENDOZA SSt# 549--86 -0865 PAY DATE: 01/13/2000 PP #01 PO# Slat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 200.50 0.00 200.50 GL Distribution Gross Amount Description 100- 00-2231 200.50 P MENDOZA 401 --------------------------------------------..__-----------_-_--_-'__-----------_-_----___---_-'__-------------------------------------- Vend# Vendor Name Bank Check# Bank Check# Chk Date G'neck Amount Sep 267 COURT TRUSTEE AP 114831 AP 114830 01/13/00 586.48 Y Claim# General Description 28460 CASE #GD0020433 ARMANDO LOPEZ SS #547 -49 -9187 PAY DATE: 01/13/2000 PP 407. PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 566.48 0.00 586.46 GL Distribution Gross Amount Description 100 -00 -2231 586.46 A LOPEZ PP #01 Vend# Vendor Name Bank Check# Chic Date Check Amount. Sep 267 COURT TRUSTEE AP 114831 01/13/00 325.00 Y Claim# General Description 28461 CASE #KD0001755 NICHOLAS MANFREDI PP 425 & 1 PAY DATE: 01--13 -2000 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 325.00 0.00 325.00 GL Distribution Gross Amount Description 100 -00 -2231 325.00 M,ANFREDI #25 &1 -------------------------------------------------------------------------------------------------------------------------------------- vend# vendor Name Bank Check# Chk pate Check Amount Sep 1687 D & j ENGINEERING AP 114832 01/13/00 3,840.00 Claim# General Description 28452 INSPECTION SERVICES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6084 C 9913P -02 22/09/99 3,840.00 0.00 3,840.00 GL Distribution Gross Amount Description 100 -46 -5000 3,840.00 1 EA INSPECTION SERVICES, INVOICE #99BP -02 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Paqe 7 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 PO Liquidation Amount 3.00 -46 -5000 3,840.00 - -__ .__ .__°----______________-___________--__------------- --------- .------ __- -- _- -_ -___ _ _----- ___- -- -_ -- ----------__--____ -- Vend# Vendor Name Bank Check# Chk Date Check. Amount Sep 279 DAIN INSURANCE AGENCY AP 114833 Cl /13/00 22,266.00 Claim# General Description 28463 PROPERTY /BOILER AND MACHINERY COVERAGE EFFECTIVE 01/01/2000 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/28/99 22,266.00 0.40 22,266.00 GL Distribution Gross Amount Description 2,167.65 1 EA PROVIDE CONSTRUCTION STAKING CENTERLINE TI'E'S 132 -16 -5654 22,266.00 PROP /ROILER /MACH COVERAGE STREET IMPROVEMENT PROJECT, CIP850A Vend# Vendor Name 152.35 1 EA INSTALL PERMANENT BENCH MARKS Bank Check# Chk Date Check Amount Sep 1988 DEWAN, LUNDIN & ASSOCIATES AP 114834 01/13/00 2,995,00 Claim# General Description 28464 1999 -2000 GAS TAX ST RENOVATION PRJ CONST STAKING SERV PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5863 C BP -022 -2 12/08/99 2,320.06 0.00 2,320,00 GL Distribution Gross Amount Description 1.14 -53- 5020 -850 2,167.65 1 EA PROVIDE CONSTRUCTION STAKING CENTERLINE TI'E'S FOR PY99 -2000 GAS TAX STREET IMPROVEMENT PROJECT, CIP850A 114 --53- 5020 -850 152.35 1 EA INSTALL PERMANENT BENCH MARKS PO Liquidation Amount 114 -53 -5020 -850 2,320.00 Claim# General Description 28465 CENTER LINE TIE RESTORATION BP BLVD /PUENTE AV PO# Stat Contract# Invoice# Invc Dt Gross }Amount Discount Amt Discount Used Net Amount 5961 C BP -021 -2 12/08/99 675.00 0100 675,00 GL Distribution Gross Am-cunt Description 118 -53 -5000 -858 675.00 1 EA INSTALL CENTER LINE TIES AFTER COMPLETION OF PUENTE AVENUE IMPROVEMENTS, CIP 858 PO Liquidation Amount 118 -53 -5000 -858 700.00 _...---------------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1331 DONNA 'TAYLOR AP 114B35 01/13/00 1,419.00 Claim# General Description 28466 CASE #FL17880 MIC14AEL TAYLOR PP# 25 &1 PAY DATE: 01/13/2000 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 1,419.00 0.00 1,419,00 GL Distribution Gross Amount Description 100 -00 -2231 1,419.00 TAYLOR #25 &1 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA} Jan 25, 2000 04:06pm Page 8 Check History, Bank AP Check pates 00/00/00 to 99/99/99 Check #'s 114609 to 115041 --------------------------- --------------------------------------------------------------------------------------------------------- Vendor Name Sank Check# Chk Date Check Amount Sep 398 DOUGLAS GOULD AP 114836 01/13/00 645.00 Claim# General Description 28467 EDUCATION REIMB P0# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 91/06/00 645.00 0.00 645.00 GL Distribution Gross Amount Description 100 -25 -5345 645.00 ED REIMS ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 354 FESS PARKER'S DOUBLRTREE RESORT RESERVATIONS DEPT AP 114637 01/13/00 310.00 Claim# General Description 28468 REGIST- MARLEN GARCIA 02/18 -20/99 ICA CONF PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/22/00 310.00 0.00 310.00 GL Distribution Gross Amount Description 100 -01- 5330 -103 314.00 MARLEN GARCIA ---------------------------------------°_____-___-___-_--------_---_-_.-_-----------_---------_---_---- Vend", Vendor Name ________- Bank Check# _- _- _-------- _- - - --__ Chk Date Check Amount Sep 373 FREDDIE MAC'S INC. AP 114838 01/13/00 670.00 Claim# General Description 28469 TOWING SRV PO# Stat Contract# Invoice# 5553 0 267694 GL Distribution 130 -58 -5270 PO Liquidation 130 -58 -5270 Claim# General Description 28470 TOWING SERV PO# Stat Contract# Invoice# 6093 O 267694 269720 269639 269260 GL Distribution 130 -58 -5270 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 10/13/99 47.50 0.00 47.50 Gross Amount Description 47.50 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** EMERGENCY TOWING Amount 47.50 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 10/13/99 122.50 0.00 122.50 11/18/99' 142.50 0.00 142.50 12/02/99 170.00 0.00 170.00 12/20/99 187.50 0.00 187.50 Gross Amount Description 622.50 1 EA * * ** A:NNJAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** EMERGENCY TOWING PO Liquidation Amount 130 -58 -5270 622.50 ----------------------------------------------.------------------`--_------_------------_-__--------- ------------- ------------ -- - --- CCS.AP Accounts Payable Release 5.7.4 N *A21Z700 By SANDRA A (SANDRA) Jan 2S, 2000 04706pm page 9 Check History. Bank AP Check Dates 06/00/00 to 99/99/99 Check #'s 114809 to 115041 ---__-----_-°------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chic Date Check Amount Sep 391 GTE CALIFORNIA AP 114839 01/13/09 13,107.97 Claim## General Description 28471 FAX MODEM ACCT# 011412119340451706 PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5726 O 0 12/29/99 27.05 0.00 27.05 GL Distribution Gross Amount Description 102 -42 -5430 -014 27.05 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999--2000 * * ** FAX MACHINE - HOUSING AUTHORITY PO Liquidation Amount 102 --42 -5430 -014 27.05 Claim# General Description 28472 GATE- MCNEILL MANOR ACCT #011412110132638709 PO# Stat Contract# Invoice# Invc DC Gross Amount Discount Amt Discount Used Net Amount 5726 0 0 12/13/99 0100 0.00 0.00 GL Distribution Gross Amount Description 102 -42- 5430 -014 0.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FAX MACHINE - HOUSING AUTHORITY Claim# General Description 28473 LOCAL PRE USE 626 197 -9989 626 337 -4501 626 337 -4903 626 181 -0195 626 851 -3676 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5433 0 0 12/16/99 13,080.92 0.00 13,080,92 GL Distribution Gross Amount Description 131 -14- 5430 -064 13,080.92 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** LOCAL TELEPHONE USAGE PO Liquidation Amount 131 -14 -5430 -064 13,080.92 -----------------------------------._..--_----------____----------------_-_----_-____------------------------------------------------- Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 477 INDEPENDENT CITIES ASSOCIATION AP 114840 01/13/00 395.00 Claim# General Description 28496 REGISTRATION 2/18 -20/99 MARLEN GARCIA PO# Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01 /11/00 395.00 0.00 395.00 GL Distribution Gross Amount Description ].00 -01- 5330 -103 395.00 M GARCIA 2/18 -20/99 .._- _-- ___------- - ----- -°_---- ---- -_-------- ---- ----------- -- — ---------------- -'-------- --- `---- - --- - -- `--- __- -- `----- -- ----- - --- -- CCS.AP Accounts Payak7le Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 C4:06pm Page 70 Check History. Sank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114609 to 115041 _._ ____________.___ ____.____ _.___ ____ ___ ___ ._ ______-..______--------------------------.-.----------.-----------.--_.----_- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4022 KJ SERVICES ENVIRONMFNTAI, CONSULTING AP 114841 01/13/00 4,086.00 Claim# General Description 28474 USED OIL CALENDAR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5666 C RPOCT99 11/02/99 4,086.00 0.00 4,086.00 GL Distribution Gross Amount Description 107 -54 -5000 -047 4,086.00 1 EA DESIGN OF YEAR 2000 USED OIL RECYCLING AWARENESS CALANDER PO Liquidation Amount .- _.__.__._- _.._____._ ______---_---------________________------------------------------- Sank Check# 107 -54-5000 -047 4,100.00 AP 114843 _________________.._______......___....__..__.._______.._____.._..________--__-____---------------------------------__---___-__------______--_- Verd# Vendor Name Sank Check# Chk Date Check Amount Sep 1000 LOS ANGELES COUNTY DISTRICT ATTORNEY'S OFFICE AP 114842 01/13/00 294.15 Claim# General Description 28475 LEGAL SRV 6/01/99 - 06/30/99 PO# Stat Contract.# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 99 -0169 10/05/99 294.15 a.CC) 294.15 GL Distribution Grass Amount Description 100 -04 -5000 294.15 6/01/99 - 6/30/99 _ __ _____ _ __________ __________. ___ __.- Vend# Vendor Name .- _.__.__._- _.._____._ ______---_---------________________------------------------------- Sank Check# Chk Date Check Amount Sep 4643 LIN CONSULTING, INC. AP 114843 01/13/00 3,300.00 Claim# General Description 28476 MODIFY MEDIANS @ SP BLVD PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5894 0 9050 12/22/99 3,300.00 0.00 3,300.00 GL Distribution Gross Amount Description 1.18 -53 -5000 -859 3,300.00 1 EA PREPARE PLANS AND SPECIFICATIONS FOR DESIGN OF MEDIAN, PEDESTRIAN TRAFFIC SIGNAL AND PARKING LOT, CIP853 118 53 °5000 °859 0.00 1 EA PHASE II PROVIDE CONSTRUCTION STAKING PO Liquidation Amount 118 -53- 5000 -859 3,300.00 ------------------------------------------------------ _----------------------------------------------------------------------------- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) San 25, 2000 04:06pm Page 11 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 -_----°_----_-_-----_--------------------------------------------------------------------------------------- -- --_------- --------- - - - - -_ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4563 MBNA AMERICA BUSINESS CARD AP 114644 01/13/00 1,092.41 Claim# Genera'_ Description 28480 CREDIT CARD RICinARD LEGARRA ACCT #5474+9764 -9868 -2670 PO# Stat Contract# invoice# 0 GL Distribution 100 -21 -5330 Invc Dt Gross Amount 12/06/99 205.39 Gross Amount Description 205.39 LBGARRA Claim# General Description 28497 CREDIT CARD EXPENSES RICHARD LEGARRA ACCT #5474 - 3764 -9868 -2670 PO# Stat Contract# Invoice# G GL Distribution 100 -21 -5336 106 -01 -5330 -101 Invc Dt Gross Amount 11/04/99 454.41 Gross Amount Description 373.95 LEGARRA 80.46 LSGAPRA Claim# General Description 28498 CREDIT CARD EXPENSES RALPH N W,2E ACCT #5474- 9764- 9868 -5654 Discount Amt Discount Used Net Amount 0.00 205.39 Discount Amt Discount Used Net Amount 0.00 454.41 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/04/99 432.61 0.00 432.61 GL Distribution Gross Amount Description 100 -71 -5330 432.61 R NI.I`NOEZ Vend# Vendor Name Sank Check# Chk Date Check Amount Seta 628 MERCURY FENCE CO. AP 114845 01/13/00 1,800.00 Claim# Genera? Description 28977 FENCE INSTALLED GARVE'Y [4 FRAZIER PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 5779 C 10584 09/10/99 1,600.00 0.00 1,800.GG GL Distribution Gross Amount Description 100 -47 -5000 1,800.00 1 EA FENCE INSTALLED AT OLD GAS STATION ON GARVEY AT FRAZIER 1318' OY 6' C11 AND 1 -12' SWING GATE) PO Liquidation Amount 100 -47 -5000 1,800.00 -----------------------------------------------.___-_-__--_-----_-------------------------------------------------------------------- Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 853 MICHAEL SALAS AP 114846 01/13/00 61.95 Claim# General Description 28470 REINS MONT14LY EXPENSE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/05/00 61.95 0,00 61,95 GL Distribution Gross Amount Description 100 -75 -5210 61.95 REIMS EXPENSES ------------------------------------------------------'-----'_°_°_.--_----°_-_------_-------------._----- ------ ------- --- ----- --- -- -- -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) .Tan 25, 2000 04:06pm Page 12 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 -_---_---_"------------------------'---_---------_------..-----------------------------------------------` ----- `-- -`-'------- `- --- -- - - - -- Vends# Vendor Name Bank Check# Chk Date Check Amount Sep 1129 MR. BILL'S AP 114847 01/13/00 6.01 Claim## General Description 28479 KEYS PO# Stat Contract# Invoice## Invc Dt Grass Amount Discount Amt Discount Used Net Amount 99431 12/08/99 6.01 0100 6101 GL Distribution Gross Amount Description GL Distribution Gross Amount 102 -42- 5210 -013 6.01 KEYS KIRKAAN- 1/13/00 131 -14- 5760 -064 Vend# Vendor Name 1 RA VOICE MAIL Hank Check# Chk Date Check Amount Sep 2441 PHONE -BY Amount AP 3.14848 01 /13/00 7,000.00 Claim# General Description 28481 VOICE MAIL SYSTEM PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5948 C 3773 11/05/99 7,000.00 0.00 7,000.00 GL Distribution Gross Amount Description 326.00 KIRKAAN- 1/13/00 131 -14- 5760 -064 7,000.00 1 RA VOICE MAIL SYSTEMS CASH PURCHASE Bank Check# Chk Date Check Amount Sep PO Liquidation Amount AP 114850 01/13/00 50.aa 131 -14 -5760 -064 __ --- - - - --- -------------------------------------------------------------------------------------------------------------------- 7,O00.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4406 RIVERSIDE CO DIST ATTORNEY AP 114849 01 /13/00 326.00 Claim# General Description 28482 CASE #404477DAI KEVIN K KIRKMAN MEM #00569019 PAY DATE: 01 -13 -2000 PO# Stat Contract# Invoice# Snvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/12/00 326.00 0.00 326.00 GL Distribution Gross Amount Description 100 -00 -2231 326.00 KIRKAAN- 1/13/00 -------------"_-__-__---__----------______------'----_----_-__----------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4185 SAN B£RNARDINO CHILD SUPPORT AP 114850 01/13/00 50.aa Claim# General Description 28483 CASE #O1)A14933 G FIERRO 555 -04 -4364 PAY DATE: 01 -13 -2000 PP #01 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6 01/12/00 50.00 0100 50. ()0 GL Distribution Gross Amount Description 100 --00 --2231 50.00 FISRRO 01 -13 -00 .- - - -- - ----------------------------------------------------------------------------------- -.- ---------------- - - - - -- __ - CCS.AP Accounts Payable Release 5.7.4 N- AWVCi) By SANDRA A {SANDRA} San, 25, 2000 04706pm Page 13 Check History, Sank AP Check Dates 00/00/00 to 99/99/99 Check #'s 17.4809 to 115041 ----------------------------------------------------- ------------------------------ - _- _-- ..___--- ________ --- _---____----_---- - - - -_- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 749 SAN DIEGO RO'S'ARY BROOM, INC. AP 114851 01/13/00 268.46 Claim# General Description 28500 GUTTER BROOMS PO# Stat Contract# Invoice## Invc Dt Gross Amount. Discount Amt Discount Used Net Amount 206489 06/30/99 268.46 0.00 268.46 GL Distribution Gross Amount Description Description. 121 -56 -5433 130 -58- 5210 268.46 GUTTER BROOMS 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ENERGY COST ---------------°_---_--_-_°___°°_--_---___-_--__----...------------------------------------------------------------------------------- Vend# Vendor Name TRAFFIC SIGNALS AND STREET Bank Check# Chk Date Check Amount Sep 779 SO. CALIF. EDISON Amount AP 114852 01/13/00 6,116.54 Claim# General Description 28484 ENERGY- PUMPHOUSE PUENTE /SAN BERNARDINO FRWY PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5649 0 0 12/30/99 29.32 0100 29.32 GL Distribution Gross Amount Description. 121 -56 -5433 114 -61- 5433-093 29.32 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ENERGY COST TRAFFIC SIGNALS AND STREET OF PUMP STATION AT PUENTE AVENUE AND SAN BERNARDINO FREEWAY PO Liquidation Amount ORDER FOR FISCAL YEAR 1999 -2000 * * ** ELECTRICAL i14 °61- 5433 -093 29.32 LOT AND MCTROLINK STATION PO Liquidation Claim# General Description 28485 ENERGY - TRAFFIC SIGNALS PARK N RIDE LOT AND METROLINK STATION PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5377 0 0 12/30/99 6,087,22 0.00 6,087.22 GL Distribution Gross Amount Description Description 121 -56 -5433 5,064.64 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ENERGY FOR FOR FISCAL YEAR 1999 -2000 * * ** SERVICES TRAFFIC SIGNALS AND STREET LIGHTS 117 -56 -5433 -053 1,002.38 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ELECTRICAL 102 -42- 5433 - 013 USAGE AT PARK -N -RIDE PARKING LOT AND MCTROLINK STATION PO Liquidation Amount 117 -56 -5433 -053 1,002,36 N *APR700 121 -56 -5433 -------------------------------------------------°__°-"_------___------------'---__-----._.--------------------------------------------- 5,084,84 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2773 SOUTHERN CALIFORNIA EDISON COMPANY AP 114853 01/13/00 9,943.00 Claim# General Description 28487 14317 MORGAN ST ACCT #2 -01-- 406 °2632 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5725 O 0 12/30/99 136.92 0100 136.92 Gi, Distribution Gross Amount Description 10242 -5433 -013 136.92 1 LA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SERVICES RENDERED FOR BALDWIN PARK SENIOR HOUSING McNEIL MANOR PO Liquidation Amount 102 -42- 5433 - 013 136.92 Claim## General Description CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 14 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check'#`s 154809 to 115041 28488 ENERGY- PUBLIC BLDGS ENERGY- CPAMF3ER BLOGS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5324 0 0 12/30/99 9,806.08 0.00 9,8DG.08 GL Distribution Gross Amount Description 295.00 M GARCIA 2/26/00 100- -57 -5433 9,806.08 1 SA * * ** ANNUAL PURCiASR ORDER FOR FISCAL YEAR 1999 -2000 * * ** ENERGY FOR Chk Date Check Amount Sep 1BG STATE OF CALIFORNIA EMPLOYMENT PUBLIC BUILDINGS AND FOR ALL PARK FACILITIES AP 114855 127 --57 -5433 O.OD 1 SA ** DISTRIBUTION OF COST ** TAX BOARD PO Liquidation Amount 100 -57 -5433 9,806.08 -----------------------°_--'---'--_---------_---__-----_-------------------------- Vend# Vendor Name ----__----_---------_------ Bank Check# __- -- _--- -------- ___ - - - --- Chk Date Check Amount Sep 4769 SPECIAL DISi'RICT INSTITUTE AP 114654 01/13/00 295.00 Claim# General Description 28499 REGIST- MARLEN GARCIA BROWN ACT /CONFLICT OF INTEREST LWAW WORKSHOP 02/26/06 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/11/00 295.00 0100 295.00 GL Distribution Gross Amount Description Cl, Distribution Gross Amount 100 -01- 5330 -103 295.00 M GARCIA 2/26/00 100 -00-2227. ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name PP#01 1 /08 /0D Bank Check# Chk Date Check Amount Sep 1BG STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPT, AP 114855 01/13/00 13,589.77 Claim# General Description 28495 ST TAX DEPOSIT PP #01 P /E: 01/08/2000 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 13,589.77 0.00 13,589.77 Cl, Distribution Gross Amount Description 88.37 SPRY PP 401 100 -00-2227. 13,589.77 PP#01 1 /08 /0D Bank Check# --- ---- °__--- --------- - - - -__ Chk Date Check Amount Seu ------------------------------------------------------------------------------------------------..------------------------------------- Vend# Vendor Name AP 114857 Bank Check# Chk Date Check Amount Sep 989 STATE OF CALIFORNIA FRANCHISE TAX BOARD AP 114656 01/13/00 88.37 Claim# General Description 28489 CASE 4393501827 GARY C SPRY PP #01 PAY DATE; 01 /13/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/10/00 88.37 0.00 88.37 GL Distribution Gross Amount Description 100 -00 -2231 88.37 SPRY PP 401 _-_-°___-__----°___-------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# --- ---- °__--- --------- - - - -__ Chk Date Check Amount Seu 1130 THE GAS CO. AP 114857 01/13/00 6.53 Claim# General Description 28486 HSNG AUTERTY ACCT4667 018 4100 5 PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5723 0 D 12/30/99 8.53 O.DD 8.53 GL Distribution Gross Amount Description 102 --42- 5434 --013 8.53 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- 2000 - * ** MCNEII, MANOR CCS.AP Accounts Payable Release 5.7.4 N *APR70D By SANDRA A {SANDRA) Jan 25, 2000 04:06pm Page 15 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 PO Liquidw_ ion Amount 7.02 -42- 5434 -013 8.53 ---------__.._- _-- ____-- ..-------- ----- - - ---- -------....__--- __---- ___- _----------- ...- -- --__-----__-__-_-_----------------_--_--__------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4770 U.S. CAVALRY AP 114858 01/13/00 14.50 Claim# General Description 26490 SHIPPING COST PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 0 10/04/99 14,50 0.00 14.50 GL Distribution Gross Amount Description 1 EA 1999 -2000 CHEVROLET 2WD CAB & CHASSIS 100 -25 -5210 14.50 SHIPPING COST S -10 2 -DOOR BLAZER 107 -58 -5714 Vend# Vendor Name 1 EA 1999 -2000 CHEVROLET 2WD UTILITY BODY TRUCK Bank Check# Chk Date Check Amount Sep 3867 VNA FOUNDATION 1500 SHORT BED PICK -UP TRUCK 101 -48- 5543 -020 AP 114859 01/13/00 886.94 Claim# General Description 28491 NOVEMBER SERVICES PO# Stat Contract# _Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5719 0 0 12/29/99 886.94 0.00 886.94 GL Distribution Gross Amount Description 120 -43- 5000 -041 885.94 1 EA * * ** ANNUAL PURCHASE CRDER FOR FISCAL YEAR 1999 -2000 * * ** MANO MANO PROGRAM PO Liquidation Amount 120 -43- 5400 -041 886.94 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 843 WONDRIES CHEVROLET FLEET DIVISION AP 114860 01/7.3/00 23,951.40 Claim# General Description 28492 CHEVY PICK -UP TRUCK PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5787 O 8596375 01/03/00 23,951.40 0.00 23,951.40 GL Distribution Gross Amount Description 7.30 -58 -5734 0.00 1 EA 1999 -2000 CHEVROLET 2WD CAB & CHASSIS 130-58 -5714 0.00 2 EA 1999 -2000 CHEVROLET S -10 2 -DOOR BLAZER 107 -58 -5714 0.00 1 EA 1999 -2000 CHEVROLET 2WD UTILITY BODY TRUCK 107 -58 -5714 23,951.40 1 EA 1999 -2000 CHEVROLET 1500 SHORT BED PICK -UP TRUCK 101 -48- 5543 -020 0.00 1 EA 1999 -2000 CHEVROLET 4 -DOOR SEDAN PO Liquidation Amount 107 -58 -5714 23,951.40 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4771 ROSA PAVAN AP 114862* 01/30/00 562.50 Claim# Ceneral Description 28503 FLOWERS- EMPLOYEE RECOGNITION DINNER PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt- Discount Used Net Amount 0 01/13/00 562.50 562.50 GL Distribution Gross Amount Description 100 -81 -5000 562.50 FLOWERS -EMPLY DINNER CCS.AP Accounts Payable Release 5.7,4 N *APR700 By SANDRA A (SANDRA) ,San 25, 2300 04:06pm Page 17 Check History, Sank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 ----____.._---_____----------- ------------------------------------------------------------------------- -------- --- -- ----------------- vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4422 AAA PACIFIC APPLIANCES. INC. AP 114864* 01/18/00 436.18 Claim# General Description 28504 REPAIR OVEN PO4 Stat Contract; Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6078 0 7052 11/04/99 436.18 0100 436.18 GL Distribution Gross Amount Description 17321 100 -57 -5000 261.71 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 17322 ------------------------ ....----- -- _------- Vend# Vendor Name REFRIGERATION SERVICES (FUND 100) 127 -57 -5000 174.47 1 EA * * ** ANNUAL FURC11A.SE ORDERF OR FISCAL YEAR 1999 -2000 * * ** PO Liquidation Amount REFRIGERATION SERVICES (FUND 127) PO Liquidation Amount 146.93 100 -57 --5000 261.71 97.95 127 -57- -5000 174.47 ---------------------------------------------------------------------------------------------------------------------``------------- Vend# Vendor Name 4772 AMPUS COMMERCIAL MANUFACTURING Bank Check# Chk Date Check Amount Sep 3706 ACTION LOCK & SAFE AP 114865 01/18/00 244.86 Claim# General Description 285G5 LOCK /SAFE REPAIR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5330 0 0 12/14/99 244.88 0100 244.88 GL Distribution Gross Amount Description 17321 100 -57- 5000 145.93 1 EA * * ** ANNUAL PURCHASE ORDER POR FISCAL YEAR 7999- -2000 * * ** REPAIR AND 17322 ------------------------ ....----- -- _------- Vend# Vendor Name REPLACEMENT OF KEYS AND LOCKS FOR CITY FACILITIES 127 -57 -5000 97.95 1 EA ** DISTRIBUTION OF COST ** PO Liquidation Amount By SANDRA A {SANDRA) 106 -57 -5000 146.93 127-- 57 -5GGO 97.95 _--.._..------------------------------------.._-_--_..__----------------------------------------------- Vend# Vendor Name --- -------------- `- ------ - - ---- -_ Bank Check# Chk Date Check Amount Sep 4772 AMPUS COMMERCIAL MANUFACTURING AP 114866 01/18/00 54.60 Claim# General Description 28506 BUS LIC REFUND PO# Stat Contract:# Invoice#; Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/12/00 54.00 0.00 54.00 GL Distribution Gross Amount Description 17321 12/08/99 100 -00- 4030 54.00 BUS LIC REFUND !08.25 17322 ------------------------ ....----- -- _------- Vend# Vendor Name - - - - -- . _- ----- --- ---- ---- — ----------------------------------------------__---___----- Bank Check# Chk Date Check Amount Sep 79 ARBOR NTTRSERY AP 114867 01/18/00 1,012.15 Claim# General Description 28607 NURSERY STOCK PO# Stat Contract? Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5645 O 17320 12/08/99 324.75 G.00 324.75 17321 12/08/99 108.25 0.00 !08.25 17322 12/06/99 362.64 4.04 362.64 (= .AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A {SANDRA) Jan 25, 2000 04 :06pm Page 18 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 17374 12/15/99 162.38 0.00 162.38 17460 12/31/99 54.13 0.00 54.13 GL Distribution Gross Amount Description 122. -68- 5210 1,022.15 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2400 * * ** STREBT TREE INVENTORY PO Liquidation Amount 121 -68- 5210 1,012.15 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 86 ARROW PIPE: & STEEL AP 114868 01/18/00 62.09 Claim# General Description 28549 FLAT BAR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount. Used Net Amount 5351 0 174290 12/15/99 62.09 o.aa 62.09 GL Distribution Gross Amount Description 2.30 -58-5210 62.09 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** STEEL TO REPAIR EQUIPMENT PO Liquidation Amount 130 -58 -5210 62.09 ------------------------------------------------------------------------------------------------------------------------------------ Vend## Vendor Name Bank Check# Chk Date Check Amount Sep 3245 ASSOCIATED ACOUSTICS AP 114669 01/18/00 976.00 Claim# General Description 28508 REPLACE CEILING TILES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6065 0 121399 -2 12/13/99 976.00 0.00 976.00 GL Distribution Gross Amount Description 100 -57 -5703 976.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1_999 -2000 * * ** REMOVAL AND REPLACEMENT OF CEILING TILES PC Liquidation Amount 100 -57 -5703 976.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 69 ASSOCIATED ASPHALT AP 114870 01/16/00 1,161.66 Claim# General Description 28509 ASPHALT PO# Stat Contract# Invoice# 5636 0 254686 254720 254850 254683 255050 255079 255103 255142 255178 GL Distribution 114 -61- 5210 -093 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/06/99 96.64 0.60 96.64 7.2/07/99 179.87 0100 179.87 12/13/99 206.82 0.00 206.82 12/14/99 288.84 0.00 288.84 12/23/99 191.26 0.00 191.26 12/27/99 48.97 0.00 48.97 12/28/99 61.76 0.00 61.76 12/29/99 48.73 0.00 48.73 12/30/99 38.77 0.00 38.77 Gross Amount Description 1,161.66 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ASPHALT AND RELATED MATERIALS CCS.AP Accounts Payable Release 5.7.4 N *APR -700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 19 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 PO Liquidation Amount 114 -61 -5210 -093 1,161.66 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4104 BARRIOS & ASSOCIATES, INC. AP 114871 01/18/00 2,745.00 Claim# General Description 28510 LANDSCAPE MAINT -DEC METROLINK /PARK N RIDE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5692 0 18348 01/09/00 1,225.00 0.00 1,225.00 GL Distribution Gross Amount Description 117 -69- 5000 122 -68 -5000 1,225.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MAINT2NANC SERVICE AT METRO SERVICE AT CITY HALL (MAINTENANCE INCLUDES: WEEKLY SERVICE; LITTER CONTROL; MOWING, EDGING, PRUNING, ETC.; TURF FERTILIZATION 3X PER YEAR; LITTER CONTROL; MOWING, EDGING, PRUNINC, ETC.; TURF PLANTER FERTILIZATION 2X PER YEAR; TREE LIFTING FOR SAFETY; IRRIGATION PER YEAR; PLANTER FERTILIZATION 2X PER YEAR; TREE LIFTING PROGRAMMING) FOR SAFETY AND IRRIGATION PROGRAMMING) 127 -68 -5000 0.00 1 FA ** DISTRIBUTION OF COST ** PO Liquidation Amount 121 -68 -5000 1,225.00 .._.- __- _-- _____----- .._- - -.- -- --__------------ --- ------ Bank Check# Chk Date Check Amount Sep Claim# General Description 28511 LANDSCAPE MAINT -DEC METROLINK STATION/ PARK N RIDE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5691 O 18348 01/09/00 1,520.00 0.00 1,520.00 GL Distribution Gross Amount Description 117 -69- 5000 1,520.00 1 FA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MAINTENANCE SERVICE AT METRO LINK STATION AND PARK N' RIDE (MAINTENANCE INCLUDE: WEEKLY SERVICE; LITTER CONTROL; MOWING, EDGING, PRUNINC, ETC.; TURF PFRTILIZATION 3X PER YEAR; PLANTER FERTILIZATION 2X PER YEAR; TREE LIFTING FOR SAFETY AND IRRIGATION PROGRAMMING) PO Liquidation Amount 117 -69 -5000 1,520.00 __- _.._ - --- --_-..-----------------------------------..___..-..___-_----..____....___-_.. Vend# Vendor Name .._.- __- _-- _____----- .._- - -.- -- --__------------ --- ------ Bank Check# Chk Date Check Amount Sep 129 BISHOP CO. AP 114872 01/18/00 747.51 Claim# Genera:. Description 28512 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5383 C 156103 12/10/99 747.51 0.03 747.51 GL Distribution Gross Amount Description 121 -65- 5210 747.51 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SPECIALIZED ARHORISTS TOOLS PO Liquidation Amount 121 -65 -5210 750.00 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) San 25, 2000 04:06pm Page 20 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114609 to 115041 Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 4774 CARLOS VALADEZ AP 114873 01/18/00 595.00 Claim# General Description 28566 DJ EMPLOYEE RECOGNITION DINNER 1/21/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount- 0 01/18/00 595.00 0.00 595.00 GL Distribution Gross Amount Description 90592 12/16/99 100-81 -5000 x95.00 DJ -EMPLY DINNER 1,617.39 GL Distribution vend# Vendor Name Description Bank Check# Chk Date Check Amount Sep 4773 CHAPARREL CONCRETE COMPANY 2,016.36 AP 114874 01/18/00 60.00 Claim# General Description 28513 BUS LTC REFUND PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/12/00 60.00 0.00 60.00 GL Diistribution Gross Amount Description 100 -00 -4030 60.00 BUS LIC REFUND ------------------------------------------------------------------------------------------------"-------------------------_--------- vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3291 COMMERCIAL LANDSCAPE SUPPLY, INC AP 114675 01/18/00 2,016.36 Claim# General Description 28514 MISC LANDSCAPE SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 5480 0 90591 12/16/99 398.97 0.00 398.97 90592 12/16/99 1,617.39 0.00 1,617.39 GL Distribution Grass Amount Description 121 -66 -5210 2,016.36 1 FA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SAFETY SUPPLIES, GOGGLES, VESTS, HARD HATS AND MISCELLANEOUS SAFETY EQUIPMENT PO Liquidation Amount 121 -68 -5210 2,016.36 ____________________________________________________________________________________________________________________________________ vend# Vendor Name Bank Check4 Chk Date Check Amount Seo 1919 DOWNEY VENDORS AP 114876 01/16/00 104.25 Claim# General Description 28515 COFFEE SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5384 0 40327 12/29/99 104.25 4.00 104.25 GL Distribution Gross Amount Description 121- 68 -521D 104,25 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** COFFEE SERVICE AT THE CITY MAINTENANCE YAARD PO Liquidation Amount 121 -68-5210 104.25 -------------------------------------- ----------------------------------------------------------------------------------------------- CCS,AP Accounts Payable Release 5,7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2{}00 04:06pm Page 21 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114809 to 115041 -------------------------------------------------------------------- ---- ----- ------------....__ -- -- - --- -'____ ---------`--------- `..- -- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 333 ELLIOTT PAINT & EQUIPMENT CO. AP 114877 01/18/00 3,373.11 Claim# General Description 28516 PAINT PO4 Stat Contract#} Invoice# Invc It Gross Amount Discount Amt Discount Used Net Amount 5380 0 11966 12/28/99 3,373.11 0.00 3,373.11 GL Distribution Gross Amount Description 35.10 BUS LTC REFUND IGO -64 -5210 3,373.11 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR * * ** PAINT (ACRYLIC Chk Date Check Amount Sep 348 FEDERAL EXPRESS CORP INTERIOR /EX'T'ERIOR) AND RELATED SUPPLIES 01/3.8/00 15.75 PO Liquidation Amount 100 -64 -5210 3,373.11 ----------------------------------------------------------------------------------------..___°--------_°° Vend# Vendor Name Bank Check# _____..__..-- ____- _____- __..___ Chk Date Check Amount Sep 1219 EWING IRRIGATION AP 114878 01/16/00 66.05 Claim# General. Description 28517 IRRIGATION SUPPL18S PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5643 0 1022930 7.2/30/99 66.05 0.00 56.05 GL Distribution Gross Amount Description 121 -66- 527.0 66.05 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** IRRIGATION PARTS AND SUPPLIES PO Liquidation Amount 121 -66 -5210 66.05 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1728 FABTRONICS INC AP 114879 01/18/00 35.10 Claim# General Description 28518 BUS LIC REFUND PO# Star Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 0 01/12/00 35.10 0.00 35.10 GL Distribution Gross Amount Description 100 -00 -4030 35.10 BUS LTC REFUND - -- ---------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 348 FEDERAL EXPRESS CORP AP 3.14880 01/3.8/00 15.75 Claim# General Description 28519 EXPRESS MAIL #811605228554 (W HARRIS) PO# Stat Contract# Invoice#6 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 7- 764 -03767 10/20/99 15.75 0.00 15.75 CL Distribution Gross Amount Description 3,07 --54- 5210 15.75 #811605228554 -- _--- ` - - - - -- -----`-----------------.---------------------------------------------------'--- --- --- -- ---- ---- -- "----- - -`- - -- ------------------------------------------ CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Tan 25, 2000 04:06pm Page 22 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114809 to 115041 ----------------------- Vend# Vendor ------------------------------------------------------------------------------------------------------------- Name Bank Check# Chk Date Check Amount Sep 725 GyQF2GE PHELPS MOBIL AP 114881 01/1_8/00 75.98 GL Distribution Claim# General Description 28523 FUEL 204 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 5358 0 12/17 12/14/99 52.28 0.00 52.28 Description 12/21. 12/21/99 23.70 0.00 23.70 GL Distribution 0.00 Gross Amount Description 12/17/99 7.58.26 130 -58 -5210 158.28 75.98 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** EMERGENCY 166,73 Gross Amount Description FUELING OF POLICE DEPARTMENT UNITS AND CITY VEHICLES PO Liquidation 313.87 1 EA * * ** ANNUAL PURCHASE ORDER Amount 1999 -2000 * * ** ELECTRICAL 130 -58 -5210 75.98 209.25 1 FA ** DISTRIBUTION OF COST ** -_-_-__---°_-___--_°---------------------------'----_-___-___-__----_---_-----------------------------------------'------------`------- Vend# Vendor Name Amount Bank Check# Chk Date Check Amount Sep 400 GRAINGER 323.87 AP 114882 01/18/00 708.62 Claim# General Description 28520 MISC SUPPLIES PO# Star Contract# Invoice# 5979 0 0471203 2251643 4505246 4505238 7242714 7451778 GL Distribution 100 - -57 -5210 127 -57 -5210 PO Liquidation 100 -57 -5210 127 -57 -5210 Claim# General Description 28521 MZSC SUPPLIES Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/09/99 81.90 0100 81.50 25.52 12/13/99 86.35 0.00 86.35 Description 12/15/99 19.33 0.00 19.33 1 EA * * ** ANNUAL PURCHASE ORDER 12/15/99 10.53 0.00 10.53 FOR MAINTENANCE AND REPAIR ITEMS 12/17/99 7.58.26 0.00 158.28 12/20/99 166.73 0.00 166,73 Gross Amount Description 313.87 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ELECTRICAL PARTS AND SUPPLIES 209.25 1 FA ** DISTRIBUTION OF COST ** Amount 323.87 209 -25 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount- S613 C 457- 619311 -6 12/03/99 25.52 0.00 25.52 GL Distribution Gross Amount Description 12/21/99 130 -58 -5210 25.52 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1995- -2000 * * ** SMALL TOOLS 12/30/99 44.76 FOR MAINTENANCE AND REPAIR ITEMS FOR CITY YARD GARAGE PO Liquidation Amount 130 -58 -5210 25.50 Claim# General Description 28522 VISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6092 0 457 - 619311 -9 12/03/99 24.31 0.00 24.31 457 - 86422 -6 12/21/99 90.91 0.00 90,91 457 - 134688 -3 12/30/99 44.76 0.00 44.76 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 23 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check##'s 114809 to 115041 GL Distribution Gross Amount Description 130 -58 -5210 159.98 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- -2000 * * ** SMALL TOOLS FOR MAINTENANCE AND REPAIR AT CITY YARD GARAGE PO Liquidation Amount 130 -58 -5210 159.98 ------------------------------------.._____°°__-___.._---------------------------------------------------_________________------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 446 HONEYWELL INC. BUILDING SERVICES DIVISION AP 114883 01/18/00 19,122.75 Claim# General Description 28524 MAINT /OPERATIONS SAN -MAR 2000 PO# Stat Contract# Invoice#; Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5403 0 23674B465 12/12/99 19,122.75 0.00 19,122.75 GL Distribution Gross Amount Description 100 -57- 5000 -156 19,122.75 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MAINTENANCE CONTRACT FOR HVAC SYSTEM PO Liquidation Amount 104 -57 -5000 -156 19,122.75 -------------------- .-------------------------------------------.--- ------------------------------------------- ----------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 452 HOSE -MAN INC AP 114884 01/18/00 148.49 Claim# General Description 28525 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5554 0 153304 12/07/99 148.49 0.00 148.49 GL Distribution Gross Amount Description 130 -58 -5270 148.49 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** EMERGENCY HYDRAULIC HOSE REPAIRS PO Liquidation Amount 130 -58-5270 146.49 Vend# Vendor Name Bank Check# Chic Date Check Amount Sep 2370 INDUSTRIAL 'POOL BOX,INC AP 114885 01/18/00 514.88 Claim# General Description 28526 EXTENSION CORDS PO# Stat Contract## Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5997 C 9852 11/23/99 514.88 0.00 514.68 GL Distribution Gross Amount Description 100 -57-5210 308.43 1 EA 12 /EA: 25' EXTENSION CORD. 6 /EA: 50' EXTENSION CORD 127 -57 -5210 205.95 1 EA ** DISTRIBUTION OF COST ** PO Liquidation Amount 100 -57 -5210 280.94 127 -57 -5210 187.30 -------------------------------------- ---------------------------------------------------------------------------------------------- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) San 25, 2000 04:06pm Page 24 Check History. Hank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 500 INTERSTATE BATTERIES AP 114886 01/18/00 370.64 Claim# General Description 28527 BATTERIES PO# Stat Contract# Invoice# znvc Dt Grass Amount Discount Amt Discount Used Net Amount 5359 0 40005597 12/08/99 95.90 0100 95.90 293598 10035731 12/21/99 140.62 0,00 140,62 Gross Amount Description 20021064 01/04/00 134.12 0.00 134.12 GL Distribution PO Liquidation Gross Amount Description PROFESSIONAL SERVICES RELATING TO NPDES PERMIT 130 -58 -5210 370.64 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** REPLACEMENT BATTERIES FOR POLICE DEPARTMENT AND CITY MAINTENANCE VEHICLES PO Liquidation Amount 130 -58 -5210 370.64 -------------------------- Vend# Vendor Name .---------------------------------------------------------------------------------- Bank Check## -------------------------- Chk Date Check Amount Sep 3053 JOHN L HUNTER & ASSOCIATES, INC. AP 114BB7 01/I.8/0O 7,570.04 Claim# General Description 22150 PROFESSIONAL SERVICES PQ# Stat Contract## Invoice# invc Dt Gross Amount Discount Amt Discount Used Net Amount 4469 C 298798 12/28/99 0.00 0.00 0.00 11/30/99 235.00 293598 11/20/98 0.00 0.00 0.00 GL Distribution 100 -54 --5000 -079 Gross Amount Description 3,723.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** 100 -54 -5000 -079 0.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 2.998 -1999 * * ** PO Liquidation PROFESSIONAL SERVICES RELATING TO NPDES PERMIT COMPLIANCE Claim# General Description 28528 NPDES STORM WATER CONSULTING SRV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount: 5610 O 333599 11/30/99 3,488.00 0.00 3,488.00 335999 11/30/99 235.00 0.00 235.00 GL Distribution Gross Amount Description 100 -54 --5000 -079 3,723.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PROFESSIONAL SERVICES RELATING TO NPDES COMPLIANCE PO Liquidation Amount 100 -54 -5000 -079 3,723.00 Claim# General Description 26529 INDUSTRIAL WASTE SRV PO# Stat Contract# Invoice# invc Dt Gross Amount Discount Amt Discount Used Net Amount 5611 0 333499 11/30/99 3,747.00 0.00 3,747,00 GL Distribution Gross Amount Description 7.00 -54 -5000 3,747.00 1 EA * * ** ANNUAL PURCHASE ORDER POR FISCAL YEAR 1999 -2000 * * ** PROFESSIONAL SERVICES RELATING TO INDUSTRIAL WASTE DISCHARGE COMPLIANCE PO Liquidation Amount 100 -54 -5000 3,747.00 - -- --------- -- ---- - -.` -- ------`---------------------------------------------------------------- ---- ------- ----- -- - - - - -- -- - - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2DOO 04:06pm Page 25 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 114809 to 3.15041 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 583 LOS ANGELES COUNTY ASSESSOR AP 114888 01/18/00 27.35 Claim# General Description 28535 MAPS /POSTAGE PO# Stat Contract# Invoice# Invc pt Gross Amount Discount Amt Discount Used Net Amount 5609 0 975865 12/13/99 27.35 0100 27.35 GL Distribution Gross Amount Description 121 -56 -5000 27.35 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** UPDATED MAPS PO Liquidation Amount 121- 56 -SODO 27.35 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2168 LOS ANGELES COUNTY DEPARTMENT OF AP 114889 01/18/00 390,15 Claim# General Description 28536 TRAFFIC SIGNAL MAINT PO# Stat Contract# Invoice# Invc Dt Gross Amount discount Amt Discount Used Net Amount 5608 0 2650 12/29/99 390.15 0.00 390.15 GL Distribution Gross Amount Description 121- -56 -5000 390.15 1 EA * * ** ANNUAL PUCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ROUTINE AND EXTRAORDINARY MAINTENANCE OF TRAFFICE SIGNALS AND HIGHWAY SAFETY LIGHTS, INCLUDES INTERSECTIONS SHARED WITH IRWINDALE PO Liquidation Amount 121 -56 -5000 390.15 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 3518 LAC MAINTENANCE CO AP 114890 01/7.8/00 7,661.5D Claim# General Description 28536 DEC JANITORIAL SRV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5340 O 120299 12/20/99 7,661.50 0.00 7,661.50 GL Distribution Gross Amount Description IOD -57 -5000 4,596.90 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** JANITORIAL SERVICE {7/1/99- 7 /i /00} 127 -57 -5000 3,064.60 1 EA ** DISTRIBUTION OF COST ** PO Licu.idation Amount 1.0D -57 -5000 4,596.90 127 -57 -5000 3,D64.60 __---_------__________________°___---_--_-----------------------------------------------_°°___--_---- ------ _----- `-- ------ - --- -_ - - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A {SANDRA) Jan 25, 2000 04:06pm Page 26 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'n 114809 to 115041 ----------------------------- °_-- ------------- ------ -__ - -- -- -- -___-'__°_-_------_----°_°_--_-__----_------------------- _--- _- _______ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2392 LAWN MCWFR CORNER AP 114691 01/18/00 1,040.60 Claim)# General Description 28531 LANDSCAPE EQUIP /PARTS P09 Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5481 0 244333 12/14/99 160.30 0100 160.30 100 -57 -5210 24450 12/15/99 39.21 0.00 39.21 SUPPLIES 24568 12/30/99 377.79 0100 377.79 PO Liquidation 24569 12/30/99 463.30 0.00 463.30 GL Distribution Cross Amount Description ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name 121 -67 --5210 Bank Check# Chk Date Check Amount Sep 1,040,60 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PREVENTIVE AP 114893 01/18/00 116.10 MAINTENANCE AND REPAIRS OF SMALL LANDSCAPE EQUIPMENT 121 -68 -5210 0.00 1 EA ** DISTRI.BU41ON OF COST ** .____ ______ Vend# Vendor ___ ____ ____ _____ Name ___ _ __ __ __ _ ___ __ _________________________________________________-.__________..__--___________------ Bank Check# Chk Date Check Amount Sep 3660 LAWSCN PRODUCTS AP 114892 02/18/00 35.78 Claim;# General Description 2B532 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6000 0 112241 12/21/99 35.78 0.00 35.78 GL Distribution Gross Amount Description 100 -57 -5210 35.76 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** TOOLS AND SUPPLIES 127 -57 -5210 0.00 1 EA ** DISTRIBUTION OF COST ** PO Liquidation Amount 100 -57 -5210 35.78 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 566 LESLIE'S POOL SUPPLIES INC. AP 114893 01/18/00 116.10 Claim# General Description 28533 DS CHLOR BULK PC# Stat Contract# Invoice# Invc Dt Gross Amoi:nt Discount Amt Discount Used Net Amount 5341 0 3074 12/17/99 116.10 0.00 116.10 GL Distribution Gross Amount Description 127 -57 -5210 116.10 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** POOL CHEMICALS PO Liquidation Amount 127 -57- 5210 116.10 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 G4;06pm Page 27 Check History, Hank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114809 to 115041 _----------------------------------------------------------------------------- ---------------- -- -`-- --- -°'--- -- `-'------- -'-'----- -_.- -- - Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 1975 LIGATNING OIL CO. & VACUUM, SERVICE AP 114894 01 /18/00 165.00 Claim# General Description 28534 DISPOSE USED OIL PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 5465 0 22626 12/08/99 80.00 0100 80.00 22712 12/20/99 85.00 0.00 85.00 GL Distribution Gross Amount Description 107 -54 -5000 -047 165.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** REIMBURSEMENT COSTS RELATED TO PICK -UP AND DISPOSAL OF USED MOTOR OIL AT ALLAN COMPANY PO Liquidation Amount 1D7 -54 -5000 -047 165.00 -------------------------___-_-------°-------------------------_--___-°__----_----------------_--_-_---------_.-_-------..w__--------_- Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 617 MARIPOSA HORTICULTURAL AP 114895 01/18/30 115,00 Claim# General Description 28537 PLANT MAINT PO# Stat Contract# Invoice# Invc Dt Gross A.mcurt Discount Amt Discount Used Net Amount 5657 0 16441 12/31/99 115.00 0.00 115.00 GL Distribution Gross Amount Description P26326510102 121 -68 -5000 115.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2004 * * ** CITY LIMITS Grass Amount Description PLANTER BED LANDSCAPE MAINTENANCE ($115 PER MONTH) PO Liquidation Amount 911.49 1 EA SONY MAVICA FD88 DIGITAL CAMERA 121- 68-50GC 115.00 78.36 1 ------------------_------_____-____-______-_------------_-__--------------_-_-____-------..__-----_-_------_------------------------- Vend# Vendor Name PO Liquidation Bank Check# Chit Date Check Amount Sep 630 MICROWAREHOUSE AP 114896 01/18/00 989.85 Claim# General Description 28538 DIGITAL CAMERA PO# Stat Contract#} Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6043 C P26326510101 12/13/99 89.90 0.00 89.90 P26326510102 12/13/99 899.95 0.00 899.95 GL Distribution Grass Amount Description 100 --54 --5210 -079 911.49 1 EA SONY MAVICA FD88 DIGITAL CAMERA 100 -54 -5210 -079 78.36 1 EA ACCESSORY KIT PO Liquidation Amount 100 -54 -5210 -079 - --- --- -- - --- -----------_-_----------------------------------------__-_------______-----__....---------_ 1,009.90 ..------- --_--_----- __- _-_ -_ --- CCS.AP Accounts Payable Release 5.7.4 N *A2R700 By SANDRA A (,SANDRA) Jan 25, 2000 04706pm Page 28 Check History, Bank AP Check Dates 00/00/00 to 99199199 Check #'s 114809 to 115041 _. - -___ .- ------ -- ------- ---------- - ----- -- -- ----------- --- - - ---- --- -- - - - -- - --------------------- -- ---- ---- ------ -- ..---- - - - - -_ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 633 MIKE'S AUTO UPHOLSTERY AP 114897 01 /18/00 51.38 Claim# General Description 28539 ALTO UPHOLSTERY PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5454 O 4432 09/19/99 51.38 0.00 51,38 GL Distribution Grass Amount Description 130 -58 -5270 51.38 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- 2000 * * ** UPHOLSTERY REPAIRS PO Liquidation Amount 130 -58 -5270 51.38 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4488 MOBIL AP 114898 41/18/00 123.05 Claim# General Description 28540 FUEL PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5455 0 6995451682 12/16/99 123.05 0.00 123.05 GL Distribution Gross .Amount Description 0.00 324.45 130 -58 -5210 123.05 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- 2000 * * ** FUEL 7.30 -58 -527.0 (CREDIT CARDS ISSUED TO POLICE DEPARTMENT AND DETECTIVE PERSONNEL) PO L qi idat.i.on Amount AND REPAIR OF RADIO SYSTEM (Q $324.45 PER MONTH) 130 -58 -5210 1.23.05 Amount --------------- -.._____- _____- __------- - - - -_. Vend# Vendor Name ___------ __- - - -__- _ - - -__ __.___- ___---- - - -___ -- _ _-_____-_------------,---_--_---_- Sank Check# Chk Date Check Amount Sep 3671 MOTOROLA COMMUNICATIONS & ELECTRONICS AP 114899 01/18/00 648.90 Claim.' General Description 2B541 SERVICE AGREEMENT 12/01/99 THRU 01/31/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount, Amt Discount Used Net Amount 5667 R 50020308 11/12/99 324.45 0.00 324,45 50031612 12/03/99 324.45 0.00 324.45 GL Distribution Gross Amount Description 7.30 -58 -527.0 648.90 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MAINTENANCE AND REPAIR OF RADIO SYSTEM (Q $324.45 PER MONTH) PO Liquidation Amount 130 -58 -5210 -----------------------------------------------------------------_-------------------------------.,------ 648.90 ----- ---- --------- -- - - -- -- -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDR7? A (SANDRA) Jan 25, 2000 04:06pm Page 29 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 -----------------------°___-__--------------------------------------------------------------------_-_- __- ------------- ______.._... -_ _- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 683 NICHOLS LUMBER & HARDWARE AP 114900 01 /18 /00 1,163.45 Claim# General Description 28542 MISC HARDWARE PO# Stat Contract# invoice# 5638 0 567624 567656 568410 569743 569872 570041 GL Distribution 114 -61 -5210 -093 PO Liquidation 114 -61 -5210 -093 Claim# General Description 28543 MISC SUPPLIES PO4 Stat Contract# Invoice# 5379 0 567152 GL Distribution 100 -63 -5210 PO Liquidation 100 -63 -5210 Claim# General Description 26544 MISC SUPPLIES PO# Star Contract# Invoice# 5470 0 566955 567684 GL Distribution 100 -64 -5210 PO Liquidation 100 -64 -527,0 Claim# General Description 28545 MISC SUPPLIES Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/13/99 21.62 0.00 21.62 12/13/99 21.43 0.00 21,43 12/15/99 51,96 0.00 51.96 12/21/99 63.80 0.00 63.80 12/22/99 12.99 0.00 12.99 12/22/99 53.37 0.00 53.37 Gross Amount Description 225.17 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2{}00 * * ** LUMBER AND MISCELLANEOUS SUPPLIES Amount 225.17 Invc DC Gross Amount Discount Amt Discount used Net Amount 12/10/99 13.73 0.00 13.73 Gross Amount Description 13.73 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MATERIALS AND SMALL TOOLS Amount 13.73 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/09/99 57.29 0.00 57.29 12/13/99 36.23 0.00 36.23 Grass Amount Description 93.52 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MESCELLANEOUS HARDWARE AND SUPPLIES USED FOR GRAFFITI REMOVAL Amount 93.52 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used 5861 0 564790 12/01/99 55.27 0.00 565112 12/02/99 22.21 0.04 566253 12/07/99 27.97 0100 567686 12/13/99 4.76 0.00 568599 12/16/99 41.58 0.00 569336 12/20/99 18.95 0.00 569999 12/22/99 10.14 0.00 570828 12/28/99 17.80 0.00 CCS.AP Accounts Payable Release 5.7.4 N *APR700 Net Amount 55.27 22.21 27.97 4.76 41.58 18.95 10.14 17.80 By SANDRA A (SANDRA) Check History, Bank AP Check Dates 00/x0/00 to 99/99/99 Check #'s 114809 to 115041 GL Distribution 114 -59- 5210 -093 PO Liquidation 114 -59 -5210 -093 Claim# General. Description 28546 MISC HARDWARE Jan 25, 2000 04:06pm Page 30 Gross Amount Description 198.68 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL, YEAR 3.999 -2000 * * ** PAINT SUPPLIES Amount 196.66 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Not Amount 5644 O 654575 12/01/99 29.69 0.00 29.69 12/30/99 52.48 564590 12/01/99 37.02 0100 37.02 0100 564599 12/01/99 60.58 0.00 60.58 15.95 565371 12/03/99 75.75 0.04 75.75 130 -56 -5270 565455 12/03/99 76.15 0.00 76.15 565592 12/03/99 11.78 0.00 11.78 ,Amount 566996 12/09/99 49.19 0,00 49.19 567274 12/10/99 5.94 0.00 5.94 568069 12/14/99 35.43 0100 35.43 568123, 12/14/99 15.12 0100 15.12 568755 12/16/99 56.74 0.00 56.74 568867 12/17/99 23.60 0.00 23.60 569018 12/17/99 22.71 0.00 22.71 569750 12/21/99 7.57 0100 7.57 570768 12/28/99 7.36 0.00 7.36 570627 12/30/99 35.66 0.00 35.66 571325 12/30/99 56.27 0.00 56.27 571531 12/31/99 25. ?9 0.00 25.79 GL Distribution Gross Amount Description 121 -56 -5210 0.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MATERIALS AND SMALL TOOLS 121 -67 -5210 0.00 1 EA ** DISTRIBUTION OF COST ** 121 -68 -5211 632.35 1 EA ** DISTRIBUTION OF COST ** 121 -68 -5210 0.00 PO Liquidation Amount 121 -68 -5210 632.35 ---------------------------------------------- Vend# Vendor Name -- -- --------- ---------- - - - - -- - ----- --- -- °_------- _----- - - -- Hank Check# -- _-----.----------- - - - - -- Chk Date Check Amount Sep 6866 NORM & BOBS TIRES AP 114903* 01/18/00 197.64 Claim# General Description 28547 TIRE REPAIRS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5557 0 37715 12/21/99 87.57 0.00 87157 37756 12/30/99 52.48 0100 52.48 37761 01/03/00 41.64 0100 41.64 37776 01/05/00 15.95 0.00 15.95 GL Distribution Gross Amount Description 130 -56 -5270 197,64 1 BA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 **** TRUCK TIRE REPAIR AND ALIGNMENT PO Liquidation ,Amount 130 -56 -5270 197.64 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A {SANDRA} Jan 25, 2000 04:06pm Page 31 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 ---------------------------------------------------------------------------- ---- ---- --- --.'-------- ----` `- -___ -- --- -`-`-__-- ___ - -` Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2603 C.F. WOLFINBARGER INC AP 114944 01/18/00 1,931.72 Claim# General Description 28553 TOP SOIL PO# Stat Contract# Invoice# Inve Dt Gross Amount Discount Amt Discount Used Net Amount 5075 C 52937 12/29/99 1,931.72 0.00 1,931.72 CL Distribution Gross Amount Description 127 -68- 5210 1,641.72 50 YD TOT' SOIL (60/40 MIX) BLEND BREADOWN! 30 YARDS PLASTER SAND, 20 YARDS ----------------------------------------------°_-----'--------- Vend# Vendor Name FOREST XUmIST (0 -1/4 P'URPARK), 150 POUNDS ALUMINUM NITRATE, AND 25 POUNDS __- _ - ---- --------.__--------------------------`---- Bank Check# Chk Date Check Amount Sep IRON 127 -66 -5210 100.00 1 EA MIXING CHARGE 127 -66 -5210 190.00 1 EA DELIVERY CHARGE PO Liquidation Amount 127 -68 -5210 1,931.72 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 706 P.A.P.A. AP 114905 01 /16 /00 220.00 Claim# General Description 28548 PECTTCIDE SEMINAR JIM DART JAKE JACOBSON ONATRIO - 03/22/00 SAN BERNARDINO - 06/07/00 PO# Stat Contract# Invoice# Inve Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/28/99 220.00 0.00 220.00 GL Distribution Gross Amount Description 100 -57 -5340 220.00 DART /JACOBSON ----------------------------------------------°_-----'--------- Vend# Vendor Name _____-- ___-- ___------ __- _ - ---- --------.__--------------------------`---- Bank Check# Chk Date Check Amount Sep 724 PERVO PAINT CO. INC AP 114906 01/18/00 142,02 Claim# General Description 28550 PAINT PD# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5564 0 795146 12/14/99 142.02 0.00 142.02 GL Distribution Gross Amount Description 114 -59 -5210 142.02 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** WATER - BORNE, RAPID DRY TRAFFIC PAINT PO Liquidation Amount 114 -59- 5210 142.02 CCS.AP Accounts Payable Release 5.7.4 WAPR700 By SANDRA A {SANDRA} jan 25, 2000 04:06pm Page 32 Check History, Bank AP Check Dates 00 /00/00 to 99/99/99 Check #'s 114809 to 2.15041 - - --- -- ---- ------ .- __- - - -_ -- _ - - -- ____ _______________-._________-___ _______..___-- _-- _____..______. __- ____.- _______ ___ __- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 730 ORANGE COMMERICAL CREDIT (PURSUIT) AP 114907 01/18/00 2,967.61 Claim# General Description 28551 POLICE CONVERSION P09 Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5362 0 23143 12/17/99 1,412.63 0.00 1,412.63 23170 12/22/99 1,428.33 0100 1,428.33 GL Distribution Gross Amount Description 130 --58 -5270 2,640.96 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** EMERGENCY EQUIPMENT FOR TEN (10) POLICE UNITS PO Liquidation Amount 130 -58 -5270 2,840.96 Claim# General Description 28552 FLASHBAR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5559 0 23124 12/16/99 126,65 0100 126.65 GL Distribution Gross Amount Description 130 -58 -5270 126.65 1 EA MAINTENANCE OF POLICE EMERGENCY EQUIPMENT AND PATROL, VEHICLES FO Liquidation Amount 13G -58 -5270 126.65 _- °--- --------- - ----- ----- --------- ----------------------------------------------------------------------------------------------- vend# Vendor Name Bank Check# Chk Date Check Amount Sep 865 RALPH NUNEZ AP 114908 01/18/06 53.17 Claim# General Description 28565 REIMB -MTG EMPLOYEE RECOGNITION DINNER PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/17/00 53.17 0.00 53.17 GL Distribution Grass Amount Description P01442653 100 -81 -5000 53.17 EMPLY DINNER 39.23 Vend## Vendor Name 01/07/99 75.97 Hank Check# Chk Date Check Amount Sep 3494 RAY ANDREW'S FORD AP 114909 01/18/00 180.20 Claim# General Description 28554 AUTO PARTS /LABOR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5456 O FOCS55559 12/10/99 65.00 0.0G 65.00 P01442653 12/22/99 39.23 0.00 39.23 FOR43358 01/07/99 75.97 0.00 75.97 GL Distribution Gross Amount Description 130 -58 -5270 180.20 1 EA * * ** ANNUAL PURCHASE ORDER FOR 5'ISCAL YEAR 1999 -2000 * * ** FORD POLICE UNIT PARTS AND REPAIRS PO Liquidation Amount 130 -58 --5270 __°°_°___-__.._---------------------------------------_------________-------------------------------------- 160,20 --- _--- __- - °_------ -_ ° °__ °_ CCS.AP Accounts Payable Release 5.7,4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 33 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2256 ROYAL COACHES AUTO BODY AP 114910 01/18/00 110.00 Claim# General Description 28556 TOWING SRV PO# Stat Contract# Invoice# Irivc Dt Gross Amount Discount Amt Discount Used Net Amount 5458 0 14867 12/07/99 110.00 0.00 110.00 GL Distribution Gross Amount Description 12/15/99 264.13 0.00 130 -58 -5270 130.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** COLLISION 12/20/99 129.90 0.00 DAMAGE REPAIRS SUPPLIES PO Liquidation Amount 0.00 792.39 130 -58 -5270 110.00 12/29/99 268.46 0.00 268.46 Vend# Vendor Name 208900 Bank Check# Chk Date Check Amount Sep 4489 RWP TRANSFER, INC. DBA: RECYCLED WOOD PRODUCTS GL Distribution AP 114911 01/18/00 175.69 Claim# General Description 28555 SILICA SAND PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5471 0 17055 12/10/99 175.69 0100 175.69 CL Distribution Gross Amount Description 12/15/99 264.13 0.00 100 -64 -5210 175.69 1 EA * * ** ANNUAL PURCHASE ORDER. FOR FISCAL YEAR 1999 -2000 * * ** SILICA SAND 12/20/99 129.90 0.00 AND OTHER RELATED SAND- BLASTING SUPPLIES PO Liquidation Amount 0.00 792.39 100 -64 -5210 175.69 12/29/99 268.46 0.00 268.46 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name 208900 Bank Check# Chk Date Check Amount Sep 749 SAN DIEGO ROTARY BROOM, INC. GL Distribution AP 114912 01/18/00 2,247.27 Claim# General Description 26559 CUTTER BROOMS PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5366 0 208587 1,2/08/99 264.13 0.00 264.13 208662 12/15/99 264.13 0.00 264.13 208726 12/20/99 129.90 0.00 129.90 208753 12/22/99 792.39 0.00 792.39 248828 12/29/99 268.46 0.00 268.46 208900 01/05/00 528.26 0100 528.26 GL Distribution Gross Amount Description 130 -58 -5210 2,247.27 1 EA * * ** ANNUAL PUR.CF.ASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** REPLACEMENT SWEEPER BROOMS FOR TWO (2) STREET SWEEPERS PO Tiquidation Amount 130 -58 -5210 __________________________°__-_----,--------------------------------_-_------____-_-__----___---------- 2,247.27 °_-_--- _- __- _____w_----- -- -- -_ CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 34 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114809 to 115041 ------------------------------------------- ---------------------------------------------------------------------------------------- ------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3243 SC PROPERTY SERVICES, INC, AP 114913 01/18/00 1,185.00 Claim# General. Description 28557 SWEEPING SERV -DEC PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net. Amount 5478 0 4688 12/24/99 1,185.00 0.00 1,185.00 GL Distribution Gross Amount Description Gross Amount 117 -63- 5000 -079 1,185.00 1 EA * * ** ANNUAL PURCTASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ROUTINE 2,452.25 1 EA * * ** ANNUAL PURCHASE CLEANING AND POWER SWEEPING OF CITY OWNED PARKING LOTS PC Liquidation Amount ONE YEAR STORAGE OF 107 -54 -5000 117 -63 -5000 -079 1,185.00 ---------------------------------_---------_-----------_--------__----_-- Vend# Vendor [Name Vend# Vendor Name _------------- °_----- _-- - -_ -__ _ . ____--___-_------- -- - - - - -- Bank Check# Chk Date Check Amount Sep Bank Check# Chk Date Check Amount Sep 4687 SCS ENGINEERS AP 114915 01/18/00 2,452.25 AP 114914 01/18/00 2,198.40 Claim# General Description 28558 PROF88STONAL SRV NOV 1, - NOV 30, 1999 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6982 O 25063 11/30/99 2,198.40 0.00 2,198,40 GL Distribution Gross Amount Description Gross Amount 107 -54 -5000 2,198.40 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** 2,452.25 1 EA * * ** ANNUAL PURCHASE PROFESSIONAL /CONSULTANT SERVICES FOR AB939 COMPLIANCE PO LiquidaCion Amount INSTALLATION, REMOVAL AND ONE YEAR STORAGE OF 107 -54 -5000 2_198.40 Amount ---------------------------------_---------_-----------_--------__----_-- Vend# Vendor [Name _------------- °_----- _-- - -_ -__ _ . ____--___-_------- -- - - - - -- Bank Check# Chk Date Check Amount Sep 767 SIERRA INSTALLATION AP 114915 01/18/00 2,452.25 Claim# General Description 28560 INSTALLATION /REMOVE HOLIDAY BANNERS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5865 C SI -99384 12/12/99 2,452.25 0.aa 2,452.25 GL Distribution Gross Amount Description 1,720.00 1 EA * * ** ANNUAL 123...56 -5000 2,452.25 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 --2000 * * *+ REPAIRS PO Liquidation INSTALLATION, REMOVAL AND ONE YEAR STORAGE OF CHRISTMAS BANNERS PO Liquidation Amount By SANDRA A (SANDRA) 121 -56- -5000 2,500.00 _ __ __ _______ _ _ _ ___ `-`------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bark Check# Chk Date Check Amount Sep 788 STEWART FENCE & IRON AP 114916 01/18)00 1,720.00 Claim# General Description 28561 INSTALL FENCE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5693 0 7820 10/29/99 1,720.00 0.00 1,720.00 GL Distribution Gross Amount Description 107 -54 -5000 1,720.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 2999 -2000 + *w* FENCE ''INSTALLATION AND REPAIRS PO Liquidation Amount CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 35 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 107 -54 -5000 1,720.06 ----------------------------------------------'--'------------------------------------'-------------------------------.--.__.._-------"--- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3932 TERMINIX INTERNATIONAL - AP 114917 01/18/00 245.010 Claim# General Description 28562 NOV- BARNES PARK DF:C-- ROADSIDE PK PO## Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 5646 0 2064 -09 -A5 12/01/99 160.00 0.00 160.00 2064 -09 -A3 12/15/99 85.00 0.00 85.00 CL Distribution Gross Amount Description 127 -68- 5000 160.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** GOPHER ABATEMENT AT BARNES PARR 127 -68 -5000 85.00 1 EA ** DISTRIBUTION OF COST - ROADSIDE PARK ** PO Liquidation Amount --__- ____ -. _---- -- --- _------- ------ - - - - -- 127 -68 -5000 245.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 831 VALLEY REPAIR AP 114918 01/18/00 527.60 claim# Genera]. Description 28563 PARTS /LABOR ASPLUNDH CHIPPER PO4 Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 6114 C 9477 10/08/99 527.00 0100 527.00 GL Distribution Gross Amount Description 122. -65- 5210 527.00 1 BA PARTS & LABOR TO REPAIR ASPLUNDH CkfIPPBR, UNIT 45042 Pb Liquidation Amount 121 -65-5210 527.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 647 Y -TORE SALES AP 114919 01/18/00 270.72 claim# General Description 28564 TIRES PO# ,Scat Contract# Invoice# rove Dt Gross Amount Discount Amt Discount used Net Amount 5370 0 030963 01 /04/00 121.72 0.00 121.72 030970 0/04/00 149.00 0.00 149.00 GL Distribution Gross Amount Description 136 -58 -5210 270.72 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** VEHICLE TIRES PO Liquidation Amount 130 -58 -5210 --- -------- -- ---------------____------------------------------_°_------ 270.72 __- _- ___--- __--- -- --__- ____ -. _---- -- --- _------- ------ - - - - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA] Jan 25, 2000 04:06pm Page 36 Check History, Hank AP Check Dates 00/00,/00 to 99/99/99 Check #'s 114809 to 115041 __-._.-_--._ --- ---- ________________...----- ------- --- ------ - ------- ----- ------- - ---- - - --- _- ----------- - --- ------ - - - - ---- --------- - ------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4655 CONFIDENTIAL INVESTIGATIVE SERVICES AP 114921* 01/19/00 1,552.70 Claim# General Description 28568 BACKGROUND INVESTIGATION STEDMAN /KLING PC# Stat Contract# Invoice# InVO Dt Gross Amount Discount Amt Discount used Net Amount 6085 C 0 12/08/99 1,552.70 0100 1,552.70 GL Distribution Gross Amount Description 100 -25 -5000 1,552.70 2 EA PRE- EMPLOYMENT BACKGROUND INVESTIGATION (MIKE STE'DMAN & MARK KLING) PO Liquidation Amount 100 -25 -5000 1.552°70 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 4674 DAYLE KELLER AP 114922 01 /19 /00 4,166.67 Claim# General Description 28569 PROFESSIONAL SERVICES 1 /1/00- 1/15/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01 /15/00 4,166.67 0.00 4,166.67 GL Distribution Gross Amount Description 100 -41 -5000 4,166.67 1/1/00 - 1/15/00 -------------------------------------- .----------------------------------------- Vend# Vendor Name 2,170.88 JAN PREM 424 &25 .------------------------------------------------------- Bank Check{# Chk Date Check Amount Sep 2707 DELTA DENTAL AP 114923 01/19/00 3,164.62 Claim# General Description 28570 JANUARY PREMIUM PP #24- 350.44 PP #25- 390.44 COBRA: BENNETT- -94.05 COX- 330.68 SCOTT -30.68 L GARCIA -57.45 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 41/18/00 3,164.62 0100 3,164.62 GL Distribution Gross Amount Description 100- -00 °2202 993.74 JAN PREM #24 &25 100 -00 -2301 2,170.88 JAN PREM 424 &25 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4306 LOS AN=LES TURF CLUB INC. AP 1.14924 01/19/00 350.00 Claim# General Description 28571 TICKETS SR TRIP SANTA ANITA RACE 'TRACK 1/20/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 350.00 0.00 350.00 GL Distribution Gross Amount Description 150 -00 -2159 350.00 TICKETS ---°______-----_°-----------------'-__-'__.°-°_-'___------------ ----- ---- ---- -- ---------- --- - -- — -------- ----- ----- -------- ----"-- - - - - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 37 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 114809 to 115041 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4342 NATIONWIDE RETIREMENT SOLUTIONS AP 114925 01/19/00 10,032.29 Claim# General Description 28573 DEFERRED COMP PP 41 P /E: 01/08/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 0 01/19/00 10,032.29 6.00 10,032.29 GL Distribution Gross Amount Description 465.46 JAN PREM 924 &25 FINAL STEP III 100 -00- 2221 10,032,29 PP #1 1/8/00 Sank Check# Chk Date Check Amount Sep Vend# Vendor Name ----- ------- ---- ----- -- --- -- - -- — --------- ------ Bank Check# Bank Check# Chk Date Check Amount Sep 2705 PM1 AP 114927 01 /20/00 5,961.05 AP 114926 01/19/00 2,306.58 Claim# General Description 28572 JAN PREMIUM PP 424- 220.19 PP #25- 232.07 COBRA: LEAR 13.20 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 0i /18/00 2,306.58 0.00 2,306.58 GL Distribution Grass Amount Description Description 100 -00 -2202 465.46 JAN PREM 924 &25 FINAL STEP III 100 -00 -2301 1,041.12 JAN PREM #24 &25 Sank Check# Chk Date Check Amount Sep ----_______..---------------------- ------------------------- Vend# Vendor Name ----- ------- ---- ----- -- --- -- - -- — --------- ------ Bank Check# --------- --- --- --- --- --- Chk Date Check Amount Sep 3907 DOWNTOWN /MAIN STREET VISIONS AP 114927 01 /20/00 5,961.05 Claim# General Description 28710 FINAL STEP III PMT PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/21/99 5,961.05 5,961.05 GL Distribution Gross .Amount Description 100 -41 -5020 5,961.05 FINAL STEP III ------------------------.-`--`-`----`-----`-`--------------'-------------------------------------------------------------------------- Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 58 AMERICAN HERI'T'AGE AP 114930* 01 /20/00 675.84 Claim# General Description 28714 ANNUAL CANCER PREMIUM (3) EMPLOYEES HERNANDEZ ZANELLI COUCHMAN PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/20/00 675.84 675.84 GL Distribution Gross Amount Description 160 -00 -2221 675.84 ANNUAL CANCER PREM ----------------°_---_-----_-__..-------------------------__---_--__---_---_--_-- _----- ____..____---- ___.._ ---- ------- ___--------- -- — -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 38 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 ----------------------------------------------------------------------------------------------------------- -- -------------- - - - - -- -- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4776 TROY WILLIAMS AP 114931 01/20/00 140.00 Claim# General Description 28711 FEES - OFFICIAL SWIM 'TEAM MEET 1/29/00 & 2/5/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/20/00 140.00 1,259.30 140.00 GL Distribution Gross Amount Description Description Gross Amount 150 -00 -2172 140.00 OFFICIAL 1/2- 2/12/00 100 -12 -5100 -----------------------------------------------------------------------------------------------------------------------°------------- Vend# Vendor Name 1/3- 1/16/00 Sank Check# Chk Date Check Amount Sep 1312 LORENA BUENO Amount AP 114932 01/20/00 1,259.30 Claim# General Description 28712 PARTIAL PMT - CONTRACT SRV GYMNAS'T'ICS PRG 1/02 - 02/12/00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount; Amt. Discount Used Net Amount 0 03./20/00 1,259.30 1,259.30 GL Distribution Gross Amount Description Gross Amount 150 -00 -2172 1,259.30 1/2- 2/12/00 100 -12 -5100 ----------------------------------------------------------------------------------------------------------------------.._------------ Vend# Vendor Name 1/3- 1/16/00 LETHALITY MINITIONS AND TACTICAL Bank Check# Chk Date Check Amount Sep 3657 JOSE R. SANCHEZ Amount AP 114933 01/20/00 4,933.50 Claim# General Description 26713 SRV - INTERIM DIRECTOR 1/3/00 - 1/16/00 PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 0 01/20/00 4,933.50 GL Distribution 4,933.50 GL Distribution Gross Amount Description 931.97 1 EA * * ** ANNUAL PURCHASE ORDER 100 -12 -5100 4,933.50 1/3- 1/16/00 LETHALITY MINITIONS AND TACTICAL EQUIPMENT ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Amount Bank Check# Chk Date Check Amount Sep 8 AARDVARK TACTICAL AP 114935* 01/20/00 931.97 Claim# General Description 28584 TACTICAL EQUIPMENT PO# Stat Contract# invoice# inve Dt Gross Amount Discount Amt Discount Used Net Amount 5518 0 DMS -1504 12/29/99 931.97 0.00 931.97 GL Distribution Gross Amount Description 100 -25 -5210 931.97 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** LOW LETHALITY MINITIONS AND TACTICAL EQUIPMENT PO Liquidation Amount 100 -25 -5210 932.97 CCS.AP Accounts Payable Release 5.7.4 N *APR7O0 By SANDRA A (SANDRA} Jan 25, 2000 04:06pm Page 39 Check Ristory. Bank AP Check Dates ao /00 /05 to 99/99/99 Check #'s 114809 to 115041 Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 3706 ACTION TOCK & SAFE AP 114936 01/20/00 29.74 Claim# General Description 28585 MATERIAL- LA7DRY RM PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/04/00 29.74 0.00 29.74 GL Distribution Gross Amount Description Description 102 -42- 5210 -013 29.74 MATERIALS 1 EA * * ** ANNJAL PURCHASE ORDER FOR FISCAL YRAR 1999 --2000 * * ** PAGER ----------------------------------------------------------------------------------------------------------------------------`------- Vend# Vendor Name Bank Check# Ch'.k late Check Amount Sep 3797 AIRTOUCH PAGING (AIRTOUC14 PAGING) 27.90 AP 114937 01/20/00 234.35 Claim# General Description 28586 PAGERS CODE ENFORCEMEMT ACCT #L6454952ZJ PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5750 0 L8454952AA 01/01/00 15.78 0.00 15.78 GL Distribution Gross Amount Description 120 -47 -5210- 031 15.78 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PAGERS FOR CODE RNFORCEMNT PO Liquidation Amount 120 -47- 5210 -031. 15.78 Claim# General Description 28587 PAGERS -CODE E`NF'ORCEMENT ACCT #6454952ZJ PO# Stat Contract# Invoice# Znvc Dt Gross Amount Discount Amt Discount Used Net Amount 5751 0 L8454952AA 01/01/00 4.50 0.00 4.50 GL Distribution Gross Amount Description 100 -01 -5210 4.50 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PAGERS FOR CITY COUNCIL PO Liquidation Amoun* 100 -01 -5210 4.50 Claim# General Description 28621 PAGERS-CITY CLERK INFO SRV CEO PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5437 C 0 12/01/99 214,08 0.00 214.08 GL Distribution Gross Amount Description 100 -03 -5210 126.26 1 EA * * ** ANNJAL PURCHASE ORDER FOR FISCAL YRAR 1999 --2000 * * ** PAGER SERVICES [KA'T'HRYN TIZCARENO AND ROSEMARY RA4IREZ) 131 -13 -5210 27.90 1 EA ** DISTRIBUTION OF COST ** (JOHN YEUNG, DAVID VILLELA, AND MARK HSU) 100 -12- 5210 59.90 1 EA ** DISTRIBUTION OF COST ** {JIM HATHAWAY) PO Liquidation Amount 100 -03 -5210 59.14 100 -12 -5210 59.90 131 -13 -5210 ------------ --- ----- ------- --__--- __-- - - -. 27,90 .___--°_---__--__-_----------------------------------------- ---- ------ ------- --- -- ---- - - --- CCS.AP Accounts Payable Release 5.7.4 N *APR7CO By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 40 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114809 to 115041 ---- --- - --- --------------- --- -- -------- --- _- --- ----- ---- _------_------_---------- --- --------------------------- ---- --- - ------- - ---- ----- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3256 ALVAREZ-- GLASMAN & COLVIN AP 114938 01/20/00 13,906.39 Claim# General. Description 28588 PROFESSIONAL SERV -DEC REDEV AGENCY PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 10001 01 /05/00 462.00 0.00 462,00 GL Distrihution Gross Amount Description 101 -46 -5000 462.00 DEC SRV Claim# General Description 28589 PROFESSIONAL SRV THRU 12/31/99 GENERAL MATTERS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 10002 01/05/00 13,444.39 0.00 13,444.39 GL Distribution Gross Amount Description PER SET (RON BROELLOS, STEVE COUCHMA.N, GUS 100 -04 -5000 13,444.39 SRV THRU 12/31/99 102 -42- 5440 -.014 25.00 -----------------------_--___--------------------------------------------------------------------------------------_----------------- Vend# Vendor Name PER SET (RUBY E. WIECK) PO Liquidation Bank Check# Chk Date Check Amount Sep 60 AMERICAN PRESS (AMERICAN PRESS) 102 -42 -5440 -014 25.00 AP 114939 01/20/00 347.48 Claim# General Description 28594 MISC BUSINESS CARDS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6095 C 29651 01/07/00 216.50 0.00 216.50 GL Distribution Gross Amount Description 131 -14- 5440 -060 191.50 7 SET BUSINESS CARDS, 250 PER SET (RON BROELLOS, STEVE COUCHMA.N, GUS MARTINEZ, ROGER MORTENSEN, AMY HARBIN, IRMA TARANGO, RITA VAZQTJFZ) 102 -42- 5440 -.014 25.00 1 SET BUSINESS CARDS, 250 PER SET (RUBY E. WIECK) PO Liquidation Amount 102 -42 -5440 -014 25.00 131 -14 -5440 -060 191.50 Claim# General. Description 28591 LETTERHEAD {MARLEN GARCIA) PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6096 C 29652 01 /07/00 130.98 0100 130.98 GL Distribution Gross Amount Description 131 --14- 5440 -060 130.98 1 SET LETTERHEAD (MARLEN GARCIA) PO Liquidation Amount 131 -14- 5440 -060 130.98 ---------------------------------------------------- ----- ---------------- -- ---- ------------------------ --- ------- -------------- __ -__ -- CCS.AP Accounts Payable Release 5.7.4 N*A2R700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 41 Check history, Sank AP Check Dates 00/00/00 to 99/99/99 Check #`s 3.14809 to 115041 __----- ----- --- ----------------- - - ---- -..__-------------------------------------------------___-_____-_..----------------------------------- Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 229 AT &T (AT & f AP 114940 01/20/00 1,148.56 Claim# General Description 28592 CELLULAR PH -P.D. ACCT#57731082 PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5513 0 ACCT# 27731082 12/28/99 293.63 0.66 293.63 GL Distribution Gross Amount Description 100 -26 -5433 293.63 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** EMERGENCY OPERATIONS CENTER CELLULAR PHONES PO Liquidation Amount 100 --26 -5430 293.63 Claim# General Description 28593 CELLULAR PH -P.D. ACCT# 12676253 PO# Stat Contract# Invoice# Invc Dt Gross Amount Disoount Amt Discount Used Net Amount 5515 0 0 12/28/99 137.45 0.60 137.45 GL Distribution Gross Amount Description 100 -25 -5430 137.45 1 EA * * ** ANNUAL PURCHASE ORDER FOR F18CAL YEAR 1999 --2000 * * ** POLICE DEPARTMENT CELLULAR PHONES PO Liquidation Amount 100 -25 -5430 137.45 Claim# General Description 7.8594 CELLULAR PH- NOVEMBER SINE- 1267100 DAYLE- 12671000 LLOYD - 16104240 STEVE - 18104257 CHIEF- 18104257 RALPH- 23657257 PACRECO- 35796515 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5430 0 0 11/26/99 422.13 0.00 422.13 GL Distribution Gross Amount Description 131 -14 -5430 -064 422.13 1 RA * *W* ANNUAL PURCHASE ODER FOR FISCAL YEAR 1999 -2000 * * ** CELLULAR PURCHASE ODER FOR FISCAL YEAR 1999 -2000 * * ** CELLULAR TELEPHONE USAGE FOR CITY DEPT HEADS AND COUNCILMAN PACHECO PO Liquidation Amount Amount 131 -14- 5430 -064 422.13 295.35 Claim# General Description 28615 CELLULAR -DEC ACCT #12677100 18104240 18104257 23657257 35796515 PO# Stat Contracr.# Invoice# Snvc Dt Gross Amount Discount Amt Discount Used Net Amount 5430 0 6 12/28/99 295.35 0.00 295.35 GL Distribution Gross A=mount Description 131 -14- 5430 -064 295.35 1 EA * * ** ANNUAL PURCHASE ODER FOR FISCAL YEAR 1999 -2000 * * ** CELLULAR TELEPHONE USAGE FOR CITY DEPT HEADS AND COUNCILMAN PACHECO PO Liquidation Amount 131 -14 -5430 -064 ----------------------------------...--_--------_____---_-----------_..--------------------------------------- 295.35 -- ---- ----- _-- __- __- - - - - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 42 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 ----- -- ----------- ------------ - - - --- ------------------------------------------ -- ---------------------------------- ---------- -- - - - - -- Vend# Vendor Name Bark Check# Chk Date Check Amount Sep 2074 AT &T AP 114942* 01 /20/00 12.43 Claim# General Description 28616 LNS FOR DESKTOP CONTROLR PG# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net %*nount 5431 0 050 136 8315 001 12/D4/99 12.43 0100 12.43 GL Distribution Gross Amount Description 25,744.43 REIMR CRA 131 -14 -5430 -064 12.43 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** WIRELESS (CLINT PETE DEVAULT) 100 -25 -5000 LONG DISTANCE TELEPHONE USAGE 1 EA PRE- EMPLOYMENT BACKGROUND INVSS.I'IGATION VO Liquidation Amount 170.50 1 EA PRE - EMPLOYMENT BACKGROUND INVESTIGATION 131 -14- 5430 -064 12.43 Amount Vend# Vendor Name 100 -25 -5000 1,881.70 Bank Check# Chk Date Check Amount Sep 4656 BACKGROUNDS UNLIMITED ---------------------.-__--__----__--.----------------------....-------------------------------------------------------------------------- Vend# Vendor Name AP 114943 01/20/00 1,881.'70 Claim# General Description 28595 BACKGROUND INVESTIGATION PETE DEVAULT LUIS VALDIVIA PATRICIA NEDER PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 6111 C 0 12/30/99 1,881.70 0.00 1,881.70 G1, Distribution Gross Amount Description 25,744.43 REIMR CRA 100 -25 -5000 650.00 1 EA PRE - EMPLOYMENT BACKGROUND INVESTIGATION (CLINT PETE DEVAULT) 100 -25 -5000 1,061.20 1 EA PRE- EMPLOYMENT BACKGROUND INVSS.I'IGATION (LUIS M. VALDIVIA) 100 -25 -5000 170.50 1 EA PRE - EMPLOYMENT BACKGROUND INVESTIGATION (PATRICIA NEDER) PO Liquidation Amount 100 -25 -5000 1,881.70 ---------------------.-__--__----__--.----------------------....-------------------------------------------------------------------------- Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 102 BALDWIN PARK CHAMBER OF COMMERCE AP 114944 01/20/00 2,063.00 Claim# General Description 28595 NOW -JAN NOW PHOTOS -DEC PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5665 0 607 12/17/99 2,063.00 0.40 2,063.00 GL Ristrikutian Gross Amount Description 100. -81 °5000 2,063.00 1 EA * * ** ANNUAL PURCHASE ORDER POP, FISCAL YEAR 1999 -2000 * * ** CITY'S SHARE OF BALDWIN PARK NOW ISSUES PO Liquidation Amount 100 -81 -5000 2,063.00 ---------------------------------------------------------------------------------------------------.---------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1855 BALDWIN PARK REDEVELOPMENT AGENCY AP 114945 01/20/00 25,744.43 Claim# Genera. Description 28597 R21MB REDEVELOPMENT AGENCY FOR SALES TAX ERRONEOUSLY DEPOSITED TO GENERAL FUND PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Nev Amount 0 01 /le /00 25,744.43 0.00 25,744.43 GL Distribution Gross Amount Description 100 -OD -2040 25,744.43 REIMR CRA -----------------------------------------------------------------------------------'___-'-__-____---_-_--------------`--`------------- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) .Ian 25, 2000 04:06pm Page 43 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2936 BILL VAN CLEAVE AP 114946 01/20/00 500.00 Claim# General Description 28598 HOUSING ATUHORITY MTG ALLOWANCE BACK PAY (MAR -JUNE) FY 1998 -99 BACK PAY (SLY - DEC) FY 1999 -00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6097 C 42527.8 6135 0 0 01/17/00 540.00 0.00 500.00 0100 720.44 GL Distribution Gross Amount. Description 102 -01 -5000 -010 150.00 1 EA * * ** ANNUAL PURCHASB ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING INK CARTRIDGE 1DO -25 -5210 AUTHORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTION) 4 EA 102 -01- 5000 -014 150.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING 5 EA 5151641A, COLOR AUTHORITY MEETING ALLOWANCE (SECTION 8 VOUCHER PORTION) IGO -25 -5210 102 -01 --5000 -010 100.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE (SECTION 6 EXISTING 100 -25 --5210 134.70 PORTION) S1C1823D, COLOR 102 -01- 5000 -014 100.00 1 EA BACK PAY FOR FY3.998 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 VOUCHER S1P45 -1301 -400, COLOR CARTRIDGE PORTION) 26.23 PO Liquidation Amount BLACK CARTRIDGE PO Liquidation 102- 01 -SDDD -010 250.00 102 -01- 5000 -014 250.00 --------------------------------------- .-------------------------------------------------------------------------------------- Vend# Vendor Name _------- Bank Check# Chk Date Check Amount Sep 136 BOISE CASCADE OFFICE PRODUCTS A?' 114947 01/20/00 928.91 Claim# General Description 28599 CALCULATOR /PENS PO# Stat Contract# Invoice# 6121 C 141139 GL Distribution 100 -12 -5210 100 -12 -5210 100 -12 -5210 100 -12 -5210 PO Liquidation 100 -12 -5210 Claim# General Description 28600 INK CARTRIDGES Invc Dt Gross Amount. Discount Amt Discount Used Net Amount 12/02/99 208.47 0.00 208.47 Gross Amount Description 195.87 2 EA #MlEL2630GII CALCULATOR, 2- COLOR, 12-DIGIT 4.20 12 EA #N121110 PEN, BALLPOINT, MEDIUM, BLACK 4.20 12 EA #N121120 PEN, BALLPOINT, MEDIUM, BLUE 4.20 12 EA #N121130 PEN, BALLPOINT, MEDIUM, RED Amount 208.47 PO# Stat Contract# Invoice# Tavc Dt Gross Amount Discount Amt Discount Used Net Amount 6097 C 42527.8 12/23/99 720.44 0100 720.44 GL Distribution Gross Amount Description 100 -25 -5210 157.12 4 EA 5151645A, BLACK INK CARTRIDGE 1DO -25 -5210 102.20 4 EA 5151629A, SLACK INK CARTRIDGE 100 -25 -5210 131.30 5 EA 5151641A, COLOR INK CARTRIDGE IGO -25 -5210 3.31.30 5 EA 5151649A, COLOR INK CARTRIDGEE 100 -25 --5210 134.70 5 EA S1C1823D, COLOR INK CARTRIDGE, 100 -25 -5210 37.59 1 EA S1P45 -1301 -400, COLOR CARTRIDGE 100 -25 --5210 26.23 1 EA SIF45- 0561 -410, BLACK CARTRIDGE PO Liquidation Amount 100 -25 -5210 ------------------------------------...---------_-______-------------------------------------------------------- 720.44 _------------- ________- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANIDRA) Jan 25, 2640 04:06pm Page 44 Check History. Bank AP Check Dates 00 /00 /0D to 99/99/99 Check #'s 114809 to 115041 ------------------------------------------------------_--------------------------------__------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4165 CALIF DEPT OF EDUCATION CASHIER'S OFFICB AP 114948 01/20/00 70.87 Claim# General Description 28601 REIN:B OVERPAYMENT PY 98 -99 SUMMER LUNCH PROGRAMS PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount LC -07350 01/05/00 70.87 0.00 7D.87 GL Distribution Gross Amount Description Gross Amount Description 108 -00 -4440 70.67 REIMB OVERPMT FOR FISCAL YEAR 1999 -2000 * * ** HELICOPTER ---- ------- -- ---- ---- - - - - -- ----------------------------------------- ..------------------------------------------'°-----'--'--.__-----__-----------_-'----------------------- Vend# Vendor Name OPERATIONAL COSTS Bank Check# Chk Date Check Amount Sep 3996 CHOICEPOINT SERVICES INC. AP 114949 01/20/00 184.00 Claim# General Description 28602 PROFILE COMP SELECT REPORTS BROELLOS BROLIGHTON WONG PO# Slat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 182722 12/14/99 184.00 0.00 184.00 GL Distribution Gross Amount Description Gross Amount Description 100 -i5 -5000 184.00 PROFILE REPORTS FOR FISCAL YEAR 1999 -2000 * * ** HELICOPTER ---- ------- -- ---- ---- - - - - -- ..-----------------------------------_.._-..----------------------------------------------------------------------"---------------------- Vend# Vendor Name OPERATIONAL COSTS Bank Check# Chk Date Check Amount Sep 4327 CITY OF EL MONTE AP 114950 01/20/00 6,798.00 Claim# General Description 28603 HELICOPTER OPERATION OBCEMRBR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5532 0 11430 01/10/00 6,798.00 0.00 6,798.00 GL Distribution Gross Amount Description Gross Amount Description 106 -23 -5000 6,798.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HELICOPTER ---- ------- -- ---- ---- - - - - -- OPERATIONAL COSTS PO Liquidation Amount 106-23 -5000 6,798.00 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sen 3667 COINMACH AP 114951 01/24/60 122.25 Claim# General Description 28604 REPAIR WASHER DOOR 14317 MORGAN PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 123.54 01/07/00 68.00 0.00 68,00 12137 01/06/00 54.25 0.00 54.25 GL Distribution Gross Amount Description 102 -42 -5210 - 013 ----------------------------------------..---------------_______-_---°__-------_-__--___------------------ 122.25 REPAIR WASHER ---- ------- -- ---- ---- - - - - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 45 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 -------------------------------------.._.___-------------------------------_______--_____-_----_---_--------------------..----__-----_- Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 273 CUSTOM COFFEE PLAN AP 114952 01/20/00 391.00 Claim# General Description 28620 COFFEE SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5684 0 766092 01/13/00 391.00 0.00 391.00 GL Distribution Gross Amount Description 275.56 REIMB MONTHLY EXPENSE 100 -81 -5330 391.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** COFFEE Bank Check# Chk Date Check Amount Sep -------- --------------------- ---- - - - - -- — Vend# Vendor Name SERVICE FOR CITY - MEETINGS Bank Check# PO Liquidation Amount AP 114954 100 -81 -5330 391.00 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 279 DAIN INSURANCE AGENCY AP 1-14953 01/20/00 125.00 Claim# General Description 28605 TREASURY BOND ANA MONTENEGRO 4/1/00- 4/1/01 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 10052 01/13/00 125.00 0.00 - 125.00 GL Distribution Gross Amount Description 275.56 REIMB MONTHLY EXPENSE 100 -05 -5543 125.00 TREASURY BOND Bank Check# Chk Date Check Amount Sep -------- --------------------- ---- - - - - -- — Vend# Vendor Name ------------------------------------------------------------------------------------------- Bank Check# Chk Date Check Amount Sep 4674 DAYLE KELLER AP 114954 01/20/00 175.56 Claim# General Description 28606 REIMH MONTHLY EXPENSE PO# Stat Contract# Invoice# invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/18/00 275.56 0,00 175,56 GL Distribution Gross Amount Description 100 -01 -5330 275.56 REIMB MONTHLY EXPENSE Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4099 DELINQUENCY CONTROL INSTITITE AP 114955 01/20/00 700.00 Claim# Genera]. Description 28607 UNIVERSITY PROGRAM FEES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/14/00 700.00 0.00 700.00 GL Distribution Gross Amount Description 100 -25 -5330 700.00 FEES _..----------,------------------------------------------.-._---------__---__-----______-_____-__-__-_____- ________- _____--- ___.____ - - - --- CCS.AP Accounts Payable Release S.7.4 N *APa700 By SANDRA A (SANDRA) .Tan 25, 2000 04 :06pm Page 46 Check History. Bank AP Check Dates 00 /CO /00 to 99/99/99 Check #'s 114609 to 115041 ----------------------------- --------- ---- --- ---- ----- - - -- -- — ---------------..____-'____°°__°°________---`-----`----`---------___----- Vend# Vendor Name Bank Check# Chk Pate Check Amount Sep 2391 DEPT OF JUSTICE CENTRAL SERVICES AP 114956 01/20/00 64.00 Claim# General Description 28608 FINGERPRINTS PO# Stat Contract# Tnvoice# Invc It Gross Amount Discount Amt Discount Used Net Amount 0 01/19/00 64.00 0.00 64.00 GL Distribution Gross Amount Description 0.00 350.00 100 -00 -4030 64.00 FINGERPRINTS Vend# Vendor Name 700.00 1 EA * * ** ANNUAL PU,RCHASB ORDER Bank Check# Chk Date Check Amount Sep 4182 GUS NETW0RK AMERICA INC. OF INTERNET VIA LOCAL ISP AP 124957 02/20/00 700.00 Claim# General Description 28609 INTERNET FRAME RELAY Pe# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5438 0 24161 12/01/99 350.00 0.00 350.00 25110 01/01/00 350.00 0.00 350.00 GL Distribution Gross Amount Description 131--13 -5724 700.00 1 EA * * ** ANNUAL PU,RCHASB ORDER FOR FISCAL YEAR 1999- 2000 * * ** CONNECTION OF INTERNET VIA LOCAL ISP PC Liquidation Amount. 131 -13 -5724 700.00 --------------------------..___..-_.-_.-_._--------------------------------------------.---______ Vend# Vendor Name ._________.______.- Bank Check## _______w____ __ ___ Chk Date Check Amount Sep 469 IACP AP 114958 01/20/00 300.00 Claim# General Description 28 610 MEMBERSHIP - RENEWAL LT M DAVIS #418591 NEW MEMBERS CAPT M STEDMAN CAPT M KLING PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/10/00 300.00 0.00 300.00 GL Distribution Gross Amount Description 1.00 -25 -5240 300.00 MEMBERSHIP Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2692 LINA AP 114959 01/20/00 7,080.09 Claim# General Description 28611 JANUARY PREMIUM DISABILITY INS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/18/00 7,080.09 0.00 7,080.09 GL Distribution Gross Amount Description 132 -00 -4703 7,080.09 SAN PREM _---- -'-------- _.._ ____ _ _____ ___ _____________.._......___--------------------------------------------------- -- ---------- -------------- -- --- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 47 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 ------------------------------------------------------------------------------------------------------------------------------------- Vend# vendor Name. Bank Check# Chk Date Check Amount Sep 854 LINDA GAIR AP 114960 01/20/00 500.00 Claim# General Description 28612 HOUSING AUTHORITY MTG ALLOWANCE BACK PAY (MAR -JUN) FY 1996 -99 BACK PAY (JL -DEC) FY 1999 -00 PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount Net Amount 6133 O 0 01/17/44 500.00 0.00 500.00 O.GO GL Distribution Gross Amount Description Description 102 -01 -5000 -010 150.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING AUTHORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -014 150.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING AP 114962 AUTHORITY MEETING ALLOWANCE (SECTION 8 VOUCHER PORTION) 102 -01- 5000 -010 100.00 1 EA BACK PAY FOR PY1998 -99 MARCH, APRIL, MAY, ,TUNE (SECTION 8 EXISTING PORTION) 102 -01 -5000 -014 100.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 VOUCHER PORTION) PC Liquidation Amount 102 -01- 5000 -010 250.DG 102 -01- 5000 -014 250.00 ----------------------------------------._-.----------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 854 LINDA LAIR AP 114961 01/26/40 329.86 Y Claim# General Description 28613 REIMB TRAVEL EXPENSE PO# Stat Contract# Invoice# Inver Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/20/00 329.86 O.GO 329.86 GL Distribution Gross Amount Description 100 -01 -5330 -101 329.86 LLC 10/08- 10/12/99 .._,---------------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 864 P6RS- RETIREMENT AP 114962 01/20/00 47,102.34 Claim# General Description 26619 RETIREMENT #01 P /E: GI /08/00 SRV PER 01 -00 -3 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount C 01 /20/00 47,102.34 0.00 47,102.34 GL Distribution Gross Amount Description 100 -00 -2205 26,708.48 #01 01/08/00 100 -00 -2223 159.03 #01 01/08/00 100 -00 -2305 20,234.83 #01 01/08/00 ---------------------------------- ---------------------------------------------------------------------------------------------------- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 48 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114609 to 115041 vend# Vendor Name Hank Check# Chk Date Check Amount Sep 780 S0. CALIF. GAS CO. AP 114963 01/20/04 1,711.93 Claim# General Description 28617 GAS USE- PUBLIC BLDG GAS USE -PARK MAINT PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5327 O 0 12/30/99 1,711.93 0.00 1,711.93 GL Distribution Gross Amount Description 1D0 -57 -5434 1,166,77 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** GAS USAGE IN PUBLIC BUTLi7INGS AND PARK FACILITIES 127 -57 -5434 543.16 1 FA ** DISTRIBUTION OF COST ** PO Liquidation Amount 100 -57 -5434 1_68.77 127 -57 -5434 543.16 ---------------- .--------------------"------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1858 UNITED PARCEL SERVICE AP 3.7.4964 01/25/00 11.42 Claim# General Description 28715 PICK UP -P.D. (L LOPEZ- PRINTER) PC# Stat Contract# Invoice# 0107184494 GL Distribution 190 -25 -5210 lave Dt Gross Amount. 01/25/00 11.42 Gross Amount Description 11.42 E LOPEZ Discount Amt Discount Used Net Amount 11.42 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4719 4 SEASONS SWIMWEAR, INC. AP 114966* 01/25/00 181.02 Claim# General Description 28638 ROBIC STPWATC14ES PC# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 6063 C 41820 01/07/00 161.02 0.00 181.02 GL Distribution Gross Amount Description 150 -00 -2172 181.02 15 EA ROBIC STPWATCHES OSLO 24 HCURS PO Liquidation Amount 150 -00 -2172 181.86 ------------------------------------------ ------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1282 AUTHORIZED SERVICE SYSTEM AP 114967 01/25/00 211.09 Claim# General Description 28622 INK UNIT -CK SIGNING MACHINE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6119 C 7972 01/05/00 211109 0100 211.09 GL Distribution Gross Amount Description 131 -13 -5210 211.09 1 EA INK UNIT FOR CHECK SIGNING MACHINE PO Liquidation Amount 131 -13 -5210 211.09 ----------------------------------------------------------------------------------------------------- ------ ---- -- --------- ---- - - - - -- CCS.AP Accounts Payable Release 5.7.9 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 49 Check History. Bank AP Check Bates 00/00/00 to 99/99/99 Check #'s 114609 to 11SO41 ---_--_-_°-------------------------------------------------------------------------------------------------------------------------- vend# Vendor Name Bank Check# Chk Date Check Amount Sep 102 BALDWIN PARK CHAMBER OF COMMERCE AP 114968 01/25/00 2,073.50 Claim# General Description 28626 BP "NOW" - FEB NOW PHOTOS - JAN PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount. 5685 0 625 O1 /04/00 2,073.50 0.00 2,073.50 GL Dist.ributioc Gross Amount Description 100 -81 -5000 2,073.50 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** CITY'S SHARE OF BALDWIN PARK NOW ISSUES PO Liquidation Amount 100 -81 -5000 2.073.50 - ---- ------------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4452 BELLSOUTH WIRELESS DATA LP AP 114969 01/25/00 2,268.26 Claim# General Description 28685 LONG DISTANCE CHARGES PO# Stat Contract.# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 5509 0 9120140123 01/01/00 2,268.26 0.00 2,268.26 GL Distribution Gross Amount Description 1D2- G1- 5440 -01G 137 -28 -5745 2,268.26 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 ** SUBSCRIPTION FEE FOR CONNECTIVITY OF WIRELESS NETWORK COVERAGE FOR MOBILE DIGITAL ALLOWANCE (SECTION 8 EXISTING PORTION) COMPUTERS 25.00 1 EA * * ** ANNUAL PO Liquidation Amount AUTHORITY MEETING 137 -28 -5745 ------------------------------------------°__-__°__°_____--_-------_-------------------------------------------------------------------- 2,268,26 102 -01- 5000 -010 O.GO 1 EA BACK PAY FOR Vend# Vendor Name EXISTING Bank Check# Chk Date Check Amount Sep 2938 BILL VAN CLEAVE 102 -01- 5000 -014 AP 114970 01/25/00 50.00 Claim# General Description 28701 HOUSING AUTHORITY MTG ALLOWANCE -JAN 2000 PO# Stat Contract# Invoice# Tnvc Dt Grass Amount Discount Amt Discount Used Net Amount 6135 0 0 01/20/00 50.00 0.00 50.00 GL Distribution Gross Amount Description 1D2- G1- 5440 -01G 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1995 -2000 '* * ** HOUSING AUTHORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -014 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999-2000 * * ** HOUSING AUTHORITY MEETING ALLOWANCE (SECTION 8 VOUCHER PORTION) 102 -01- 5000 -010 O.GO 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -014 0.00 1 EA BACK PAY FOR FY1996 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 VOUCHER PORTION) PO Liquidation Amount 102 -01- 5000 -010 25.00 102 --01- 5000 -014 25.00 CCS,AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04 :06pm Page 50 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114804 to 13.5041 ------------------------------------------------------------------------------------------`--------`--------_---`__-_-'_.`°____--------"- Vend# Vendor Name Bank Check# Chk Pate Check Amount Sep 2938 BILL VAN CLEAVE AP 114971 01/25/00 50.00 Y Claim# General Description 28657 FINANCING AUTHORITY MONT14LY MTG ALLOWANCR PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5394 0 0 01/24/00 50100 0.06 50.00 GL Distribution Gross Amount Description 100 -81 -5000 503 00 1 EA * * ** ANNUAL PUiRCFASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FINANCING AUTHORITY MEETING ALLOWANCE PO Liquidation Amount 100 -81 -5000 50.00 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 136 BOISE CASCADB OFFICB PRODUCTS AP 114972 01/25/00 164..43 Claim# General Description 28623 MISC OFFICE SUPPLIES PO# Stat Contract# Invoice# 233764 295750 546179 GL Distribution 100 -12 -5210 Claim# General Description 28624 INKJET CARTRIDGE Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/09/99 62.42 0.00 62.42 12/14/99 9.62 0100 9.62 01/05/00 37.06 0.00 37.08 Gross Amount Description 109.12 MISC SUPPLIES PO# Stat Contract# Invoice# Invc Dt Gross Amount: Discount Amt Discount Used Net Amount 446651 12/27/99 55.31 0100 55.31 GL Distribution Gross Amount Description 131 -13- 5724 55.31 INKJET CARTRIDGE ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 4785 CALGIS 2000 AP 114973 01/25/00 "x.85.00 Claim# General Description 28677 REGISTRATION JOHN YEUNG MARCH 1 -3, 2000 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/24/00 185.00 0.00 185.40 CL Distribution Gross Amount Description 131 -13 -5330 185.00 J YEUNG CCS.AP Accounts Payable Release 5,7.4 N *APR700 By SANDRA A (SANDRA) ,Ian 25, 2000 04:06pm Page 51 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check# °s 114809 to 115041 ------------------------ --- ---- --------- -- ------- - - - --- ---------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 204 CALIF. SOCIETY OF MUNICIPAL FINANCE OFFICERS AP 114974 01/25/00 180.00 Claim# General Description 28625 DUES- FINANCE DIRECTOR PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 413190 12/08/99 100.00 0.00 100.00 GL Distribution Gross Amount Description 100 -12 -5240 100.00 FINANCE DIRECTOR -DUES PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** JAIL ---------------------------------------------------------------------------- Vend# Vendor Name -- ---- --- ----- --- ----- -- --- --- ..__..-._- Bank Check# - _------------_- -_____-- Chk Date Check Amount Sep 231 CEPO AP 1149'75 01/25/00 1,419.00 Claim# General Description 28706 CEPO WINTER SESSION PER 6 -11, 2C})O ROSEMARY RAMIREZ SS #572 -21 -3984 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/24/00 1,419.00 0.00 1,419.00 GL Distribution Gross Amount Description 100 -03 -5340 1,419.00 R RAMIREZ PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** JAIL ------------------------------------------------- Vend# Vendor Nave -- ---- --- --------- ---- ------ --- — - ------- --------------- Sank Check# ----- - -- — --------------- -- Chk Date Check Amount Sep 2127 CORRECTIONAL SYSTEMS,INC AP 114976 0'/25/00 19,113.31 Claim# General Description 28686 JAIL OPERATIONS DEC 1 -31, 1999 PO# Stat Contract# Invoicei# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5495 0 1330 01/07/00 19,113.31 0.00 19,113.31 GL Distribution Gross Amount Description 100 -22 -5000 19,113.31 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** JAIL SERVICES PO Liquidation Amount 100 -22 -5000 19,113.31 ------------------------------------------------------'°_---------°_-___-__-_-----'-'--------_-__--_----'------------ vend# Vendor Name Hank Check# --- `-- -`---- -______ C117K Date Check Amount Sep 1086 COUNTY OF LOS ANGELES DEPT OF ANIMAL CARE & CONTROL AP 11497 7 01/25/00 6,861.78 Claim# General Description 28689 DECEMBER HOUSING COST PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5497 0 4 01/10/00 6,861.78 0,00 6,661.78 GL Distribution Gross Amount Description 100 -21 -5000 6,861.78 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING SERVICES FOR ANIMAL CARE PO Liquidation Amount 100 -21 -5000 6,861.78 ----------- --- ----- -- -- ---------- ---- ----- --------------------------------------------------------- --- ---------- ---- _ -____ . - - -- -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 52 Check History. Bark AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 -------------------------------------- ------------------------------------------------------------ ----------------------------------- Vend# Vendor Name Bank. Check# Chk Date Check Amount Sep 271 CREATIVE COMPUTER SOLUTIONS C/o SAN JOSE NATIONAL BANK (SJNB) AP 114978 01/25/00 1,386.00 C7.aim# General Description 28627 MONTHLY TECF ASSISTANCE DEC /JAN PO# Stat Contract# Invoice# Invc Dt Cross Amount Discount Amt Discount Used Net Amount 5436 0 758290 -6318 11/01/99 693.00 0.00 693.06 70728622 758602 -8318 12/01/99 693.00 0.00 693.00 GL Distribution Grass Amount Gross Amount Description 131 - 13-5260 516.29 1,386.00 1 FA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MONTHLY CONTRACT FOR KODAK EKTAPRINT 90 TECHNICAL ASSISTANCE AND MONTHLY TECHNICAL ASSISTANCE FOR SECTION 8 PO Liquidation PO Liquidation Amount Amount 131 -13 -5260 131 -14- 5210 --062 1,386.00 657.23 -----------.------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name -------------------- - .--- _------ Vend# Vendor Name - - - - -- - °-------------------------------------------- Bank Check# Chk Date Check Amount Sep 2772 DANKA OFFICE IMAGING COMPANY CORP AP 114979 01/25/00 1,173.52 Claim# General Description 28628 EKTAPRINT COPIER (2ND FLR) OCT USE (3RD FLR) OCT USE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5426 0 70723133 12/05/99 203.93 0.00 203.93 70728622 12/12/99 312.36 0.00 312.36 GL Distribution Grass Amount Description Description 131 -14-5210 -062 516.29 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999-2000 * * ** MAINTENANCE CONTRACT FOR KODAK EKTAPRINT 90 COPIERS ON 2nd AND 3rd FLOOR PO Liquidation Amount Amount 131 -14- 5210 --062 516.29 657.23 Claim# General Description 28629 COPIER MAINT - SEPT (2ND /3RD FLR) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5426 0 70668657 11/07/99 253.07 D.00 253.07 70668656 ll/07/99 404.16 D.00 404.16 CI, Distribution Gross Amount Description 131 -14 -5210 -062 657.23 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** M.AINTENANCE CONTRACT FOR KODAK EKTAPRINT 90 COPIERS ON 2nd AND 3rd FLOOR PO Liquidation Amount 131 -14- 5210 -062 657.23 -------------------- - .--- _------ Vend# Vendor Name - - - - -- - °-------------------------------------------- ------- - - --`- --------------------------------- Bank Check# Chk Date Check Amount Sep 3636 DARTEK COMPUTER SUPPLY CORP AP 13,4980 01/25/00 105.72 Claim# General Description 28630 COMPUTER SUPPLIES PO# Stat Contract# Invoice# Invc Dt Crass Amount Discount Amt Discount Used Net Amount 6018 C 445801 12/09/99 105,72 D.DO 105.72 GL Distribution Gross Amount Description 131 -13 -5724 105.72 100 PKS 10907F, PRINTAHLE WHITE SURFACE, 100 -PACK SPINDLE PG Liquidation Amount 131 -13 -5724 106:39 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 54 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 -------------------------------------------- .--------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4674 DAYLE KELLER AP 114981 01/25/00 599.80 Claim# General Description 26707 RESMB TRAVEL EXPENSE SAN JOSE 10/9 -11/99 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/08/00 599.80 0.00 599.80 GL Distribution Gross Amount Description 01/DB/00 169.00 0.00 169.00 101 -41 -5330 599.80 STUN JOSE 10/9 -11 Gross Amount Description ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3,893 DEWEY PEST CONTROL COMPANY AP 114982 01/25/00 76.00 Claim# General Description 28632 SRV RENDERED 14317 E MORGAN (SR HSG) PO# Stat Contract.# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5722 0 3217656 12/23/99 76.00 0.00 76.00 GL Distribution Gross Amount Description 102 -42- 5434-013 76.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PEST CONTROL SERVICES AT MCNETL MANOR SENIOR HOUSING PO Liquidation Amount 102 -42 -5434 -013 76.00 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1102 DMG- MAXIMUS, INC AP 114983 01/25/00 6,250.00 Claim# General Description 28531 PREP & SUBMISSION 1998/99 ST CONTRi,LFRS REPORTS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 1 12/06/99 6,250.00 0.00 6,250.00 GL Distribution Gross Amount Description 01/DB/00 169.00 0.00 169.00 100 -81 -5000 6,250.00 ST CONTROLLERS Gross Amount Description Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4778 DOMINGUEZ BUILDING MAINTENANCE AP 114984 01/25/00 341.00 Ciaim# General Description 28633 MISC REPAIRS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 1206 01/09/00 172.00 0.00 172.00 1205 01/DB/00 169.00 0.00 169.00 GL Distribution Gross Amount Description 102 -42- 5210 -013 _..--------------------------------------------------------------------------------------------------- 341.00 MISC REPAIRS -- ------------ -- ---- ----- ---- -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 55 Check His *ory. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 --------------------- ------- -------- --- --- ------ -- -. - -_- - -_ - _- _-- _ -_ -__. _---- _ -____ ______ _ -- -------- _-- _ -___- _---___---___-- Vend# Vendor Name Bank Check# Chk Dato Check .Amount Sep 3484 EL APPETTZ RES'T'AURANT AP 114985 01/25/00 139.42 Claim# General Description 28695 FOOD FOR POLICE /EMP REC EVENING PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4712 -21 01/24/00 139.42 0.00 139.42 GL Distribution Gross Amount Description 0.00 75.00 100 -81 -5000 139.42 EMPL REC EVE ------------------------------------------------------------..___..------...._..___-_-_________------------ Vend# Vendor Name 87.50 1 EA * * ** ANNUAL PURCHASE ORDER ---- Bank Check# -- -- -- ----- --------- --- - -_ Chk Date Check Amount Sep 2081 EL MONTR PRINTING AP 11.4986 01/25/00 194.85 Claim# General Description 28634 BREAKFAST W /SANTA PLACEMATS PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6079 C 6572 12/17/99 194.85 0.00 194.85 GL Distribution Gross Amount Description 150 -0D -2172 194.85 1 SE'S' PRINT, LAY -OOT AND DESIGN PLACEMATS (BEIGE PAPER WITH RED INK), SET OF 300 PO Liquidation Amount 150 -00 -2172 216.50 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 797 (EXPERiAN) AP 114987 01/25/00 87.50 Claim# General Description 28635 CREDIT REPORTS NOV /DEC PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5930 0 CD0080006070 11/26/99 12.50 0.00 12,50 CD0090006106 12/31/99 75.00 0.00 75.00 GL Distribution Gross Amount Description 120 -43- 5030 -035 87.50 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** CREDIT REPORTS PO Liquidation Amount 120 -43- 5030 -035 87.50 ---_-_-_____°_____--_--°_°------------------------------------------------..-------------_--°__--_------------------------_------------- Vend# Vendor Name Bank Check# Ciik Date Check Amount Sep 346 FEDERAL EXPRESS CORP AP 114988 01/25/00 33.50 Claim# General Description 28636 AIRBILL 4811605228624 (SUSAN CAMP} PO# Stat Contract# lnvoice# 7- 833 -41893 GL Distribution 100 -12 -5210 Invc Dt Gross Amount 01/14/00 17.75 Gross Amount Description 17.75 #811605228624 -CAMP Claim# General Description 28637 EXPRESS DELIVERY AIR #811605228613 (JAMES HATHAWAY} Discount Amt Discount Used Net Amount 0.00 17.75 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) San 25, 2000 04:06pm Page 56 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount A.rnt Discount used Net Amount 7 -785 -88207 12/03/99 15.75 0100 15.75 GL Distribution Gross Amount Description 70.36 G SYNDER 100 -12 -5210 15.75 #811605228613- HATHAWAY Bank Check# Chk Date Check Amount Sep ------------------------------------ .- ------------------------------------------------------------------------------------------------ Vend# Vendor Name AP 114990 Bank Check# Chk Date Check Amount Sep 2509 FRAGRANT FLORIST AP 114969 01/25/00 70.36 Claim# General Description 28693 ARRANGEMENT -G SYNDER PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 1295 12/31/99 70.36 0.00 70.36 GL Distribution Gross Amount Description 100 -01 -5210 70.36 G SYNDER --------------------------------------------------------°_..--__---_-----------_-.._______-------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4779 GABRIELA ROSALES AP 114990 01/25/00 18.30 Claim# General Description 28642 REFUND GYMANSTICS PRG PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 18.30 0.00 18.30 GL Distribution Gross Amount Description 150 -00 -2172 18.30 REFUND Vend# Vendor Name Bank Check# Chk hate Check Amount Sep 379 GALL °S INC. AP 114991 01/25/00 3,334.09 claim# General Description 28643 HELMETS /SHIELDS PO# Stat Contract# Invoice# 6027 C 535946160101 535946160102 GL Distribution 100 -25 -5210 100 -25 -5210 PC Liquidation 100 -.25 -5210 Claim# General Description 28644 HELMETS Invc Dt Gross Amount Discount Amt Discount used 12/22/99 1,707.76 0.00 01/12/00 5,339.48 0.00 Gross Amount Description 2,717.24 10 2A TB 113 GPNTSX PASCT F3ELMET 330.00 10 FA TP 114 RIOT FACB SHIELD Amount 3,047.23 Net Amount 1., 707.76 1,339.48 PO# Stat Contract'# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount 6108 C 533677570101 08/25/99 286.85 0.00 286.85 GL Distribution Gross Amount Description 100 -25 -5210 286.85 1 EA TE1 /3 LG GENTEX PASGT HELMET PO Liquidation Amount 100 -25 -5210 286.65 --.-------------------'-'___-__-___--_ ---- -----------------------------------------`°'°'---------------__----- `_-- ---- --`--------- ---- - ----- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04.06pm Page 57 Check History. Bank AP Check Dates 00 /0C /00 to 99/99/99 Check #'s 114809 to 115041 ----------------------------------------------------------------------- ------------------------ ---` -- -- ---_-`----`-------`--_----`- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 391 GTE CALIFORNIA AP 114992 01/25/00 345.45 Claim# General Description 28639 PH USE -PAC 50 PRJ -P.D. ACCT #011412118975091000 PO# Stat Contract# Invoice# e GL Distribution 100 -25 -5430 Invc Dt Gross Amount 12/25/99 64.73 Gross Amount Description 64.73 P.D -PAC 50 PRS Claim# General Description 28640 PH SRV - PAC 50 (P.D.) 0114127.16975091508 Po# Stat Contract# Invoice# 0 GL Distribution 100 -25 -5430 Claim# General Description 28641 MCNEILL MANOR #011412110132638709 Invc Dt Gross Amount 12/25/99 252.47 Gross Amount Description 252.47 PAC 50 Discount Amt Discount Used Net Amount 0.00 64.73 Discount Amt Discount Used Net Amount 0.00 252,47 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5724 0 626 960 -1485 12/13/99 28.25 0.00 28.25 GL Distribution Gross Amount Description 1,014.00 150 -00 -2172 102 -42 -5430 -013 28.25 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** GATE AT PO Liquidation Amount McNEIL MANOR PO Liquidation Amount 102 -42 -5430 -013 28.25 Bank Check# Chk Date Check Amount Sep ---------------------------------------------------------------------------°_---____--_____--_--_--_-___-__-___--_-_-------_---_--_- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1957 IMAGE PRINTING AP 114993 01/25/00 242.44 Claim# General Description 28645 BREAKFAST W /SANTA FLYERS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount. 5984 C 11590 11/30/99 242.44 0.00 242.44 GL Distribution Gross Amount Description 132 -16 -5000 1,014.00 150 -00 -2172 242.44 1 EA 12,500 "BREAKFAST WITH SANTA" FLYERS PO Liquidation Amount 150 -00 -2172 300.00 ----------------------------------------------- Vend# Vendor Name ------------------------------------------------------------------------------------- Bank Check# Chk Date Check Amount Sep 4560 IRWINDALE INDUSTRIAL CLINIC AP 114994 01/25/00 1,014.00 Claim# General Description 28646 PRE - EMPLOYMENT PHYSICALS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount PE600334 12/31/99 1,014.00 0.00 1,014,00 GL Distribution Gross Amount Description 132 -16 -5000 1,014.00 PHYSICALS -------------------------------------------------------------------------------------------------------`-----`------------'°--------- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 58 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check##'s 114809 to 115041 -------------------------------------------------------------- ---------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4780 ISABEL PASTRANA AP 114995 01/25/00 111.00 claim# General Description 28647 REFUND LATCHKEY PRO PO# Stat Contract# invoice# ?nve Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 111.00 0.00 111.uu GL Distribution Gross Amount Description 100 -00 -4586 111.00 REFUND IN P.A. SYSTEM ---------------------------------------------------------'-_-'-'--_---_--__------------------------------------------------------------ Vend# Vendor Name Amount Bank Check# Chk Date Check Amount Sep 2063 JD AUDIO VISUAL 216.50 AP 114996 01/25/00 72.63 Claim# General Description 28649 REPAIR P.A. SYSTEM PO# Stat Contract# Invoice{# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 61.06 C 18684 12/13/99 72.63 0.00 '72.63 GL Distribution Gross Amount Description 100 -72 -5210 72.63 1 EA REPAIR SHORT IN P.A. SYSTEM PO Liquidation Amount -'-- _- __ °__----- - - ---- ------------------------------- Bank Check# Chk Date Check Amount Sep 100 -72 -5210 216.50 AP 114998 01/25/00 472.36 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4781 JOSEPH E GRAEUSKIE AP 114997 01/25/00 1,200.00 Claim# General Description 28648 CITY PCRTION OF ARBITRATOR BILL (T NELSON) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/10/94 1,200.00 0.00 1,200.00 GL Distribution Gross Amount Description 100 -15 -5000 !,200.00 SRV -T NELSON ----------------------------------------------------------__.---------------------- ❑end# Vendor Name -'-- _- __ °__----- - - ---- ------------------------------- Bank Check# Chk Date Check Amount Sep 586 L.A. CO. SHERIFF'S DEPT. AP 114998 01/25/00 472.36 Claim# General Description 28688 PRISONER MAINT -NOV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net .Amount 5510 0 23002 01/12/00 472.36 0100 472.36 GL Distribution Gross Amount Description 100 -23 -5000 472.36 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** BOOKING FEES PO Liquidation Amount 100 -23 -5000 472.36 ---------------------------------------------------------------------_----------------_---_----------------- _- _----- ----- ___ - -_ ___ °__ CCS.AP Accounts Payable Release 5,7,4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 59 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 ____________________....____--------_______..___......______..__..___..........___..________.._........_____-__---..________-___---_---_--_..___..__------ Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 4762 LAWYERS TITLE CO. AP 3.14999 01/25/00 545.00 Claim# General Description 28650 EDA LOAN & RECORD DEED OF TRUST - CHAMBER OF COMMERCE LOAN (5103142) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 765908 12/23/99 545.00 0.00 545.00 GL Distribution Gross Amount Description 11/30/99 36,75 119-44 - 5030-042 545.00 RECORD DEED 0011132 11/30/99 ______________.,____..__..__....__.._________________----_-____.-___________________..__-_--__-___-_-______________ Vend# Vendor Name 0.00 36,75 Hank Check# __--- ___.._..___..___..___...._ Chk Date Check Amount Sep 4680 LE CLAIRE AUTOMOTIVE 36.75 0.00 AP 115000 01/25/00 1,164.59 Claim# General Description 28651 MISC AUTO REPAIRS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5967 0 0011130 11/30/99 36.75 0.00 36.75 0011131 11/30/99 36,75 0.00 36.75 0011132 11/30/99 36.75 0.00 36,75 0011133 11/30/99 36.75 0.00 36,75 011134 11/30/99 36.75 0.00 36.75 0011136 11/30/99 36.75 0.00 36.75 0011137 11/30/99 36.75 0.00 36.75 0011136 11/30/99 36.75 0100 36.75 0013.139 11/30/99 219.85 0.00 219.85 0011140 11/30/99 36.75 0.00 36.75 0011141 11/30/99 47.58 - 0.00 47,58 0011142 11/30/99 36.75 0.00 35175 0011143 11/30/99 36.75 0100 36.75 0011144 11/30/99 Si.91 0.00 52.91 0011193 12/13/99 36.75 0.00 36.75 0011194 12/13/99 36.75 0.00 36.75 005.1195 12/13/99 36.75 0.00 36.75 0011196 12/13/99 36.75 0.00 36.75 0011197 12/13/99 36.75 0100 36.75 0011196 12/13/99 36.75 0.00 36.75 0011199 12/13/99 36.75 0.00 36.75 9011200 12/13/99 36,75 0.00 36.75 0011201 12/13/99 36.75 0.00 36.75 0011206 12/14/99 36.75 0100 36.75 0011240 12/21/99 36.75 0.00 36.75 005.1248 12/21/99 36.75 0.00 36.75 GL Distribution Gross Amount Description 130 -58 -5270 1,164.59 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- 2000 * * ** VEHICLE SMOG INSPECTIONS AND MISCELLANEOUS REPAIRS PO Liquidation Amount 130 °58 -5270 _____________..___..______.._------------------------ 1,164.59 ------ ---_________-- _..___ -_--- -_-_......__________..___. .________------ ------- --- ------ CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 60 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 ----------------------------------------------------------------------------- --- -- ------ ------------ -- - - - - -- ---- --____ -__ Vend# Vendor [name Sank Check#{ Chk Date Check Amount Sep 3260 LIEBERT, CASSIDY & FRIERSON AP 1.15002* 01/25/00 9,590.00 Claim# General Description 28652 PROFESSIONAL SERV GEN- 912.50 NELSON -4929. CLEMONS- 3748.50 PO# Stat Contract# Invoice# Snvc Dt Gross Amount Discount Amt Discount Used Net Amount BA020 RK 12/31/99 9,590.00 0.00 9,590.00 GL Distribution Gross Amount Description Gross Amount Description 100 -04 --5000 9,590.00 PROFESSIONAL SRV 25.00 1 EA **** ------- ---------- --- ---- -- - - - ---- ----------------------- Vend# Vendor Name ----- ------- -------- --. - -_- -__----__-_---------___---------------------- Bank Check# Chk Date Check Amount Sep 854 LINDA GAIR ALLOWANCE (SECTION 8 EXISTING PORTION) AP 115003 01/25/00 50.00 Claim# General Description 28699 HOUSING AUTHORITY MTG ALLOWANCE JAN 2000 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Lunt Discount Used Net Amount 6133 0 0 01/20/00 50.00 0.00 50.00 GL Distribution Gross Amount Description 102 -01- 5000 -010 25.00 1 EA **** ANN7UAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 **** HOUSING AUTHORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTION) 102 -01 -5000 -014 25.00 1 EA **** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 **** HOUSING AUTHORITY MEETING ALLOWANCE {SECTION 6 VOUCHER PORTION) 102 -01- 5000 -050 0.00 1 EA SACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -014 0.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 VOUCFIER PORTION) PC Liquidation Amount 102 -01- 5000 -010 25.00 102 --01 -5000 -014 25.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 854 LINDA GAIR AP 115004 01/25/00 50.00 Y Claim# General Description 28658 FINANCING AUTHORITY MONTHLY MTG ALLOWANCE PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5396 O 0 01/24/00 50.00 0.00 50.00 GL Distribution Gross Amount Description 100 -81 -5000 50.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FINANCING AUTHORITY MEETING ALLOWANCE PO Liquidation Amount IOD -61 -5000 50.00 CCS,AP Accounts Payable Release 5.'7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 61 Check History, Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114809 to 115041 ---_--------------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 594 MANUEL LOZANO AP 115005 01/25/00 50.00 Claim# General Description 28700 HOUSING AUTHORITY MTG ALLOWANCE -JAN 2000 PO## Stat Contract# lnvoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5393 0 0 63,34 0 0 01/24/00 50.00 0.00 50.00 GL Distribution GL Distribution Gross Amount Description 50.00 102 -01- -5000 -010 102 -01- 5000 -010 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING PO Liquidation AUTHORITY MEETING AUTHORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTION) 150.00 102 - -01 -5000 -014 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING AUTHORITY MEETING ALLOWANCE ( SECTION 8 VOUCHER PORTION) AUTHORITY MEETING ALLOWANCE {SECTION 8 VOUCHER PORTION) I EA BACK PAY FOR 102 -01- 5000 -010 0.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 EXISTING 102 -01- 5000 -014 PORTION) 1 EA BACK PAY FOR PY1998-99 MARCH, APRIL, MY, JUNE (SECTION 8 VOUCHER 102 -01- 5000 -014 0.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 VOUCHER Amount PORTION) 102 -01- 5000 -010 250,00 PO Liquidation Amount 102 -01- 5000 -014 250.00 102 -01- 5000 -010 25.00 ------------------------ .,------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check 102 -01- 5000 -014 25.00 AP 115007 01/25/00 50.00 Y Vend# Vendor Name Hank Check# Chk Date Check Amount Sep 594 MANUELLOZANO AP 115006 01/25/00 500.00 Y Claim# General Description 28653 HOUSING AUTHORITY MTG ALLOWANCE BACK PAY (MAR -JUN) FY 1996 -99 BACK PAY (JLY -DEC) FY 1999 -2000 PO# Scat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 5393 0 0 6134 0 0 01/24/00 500.00 0.00 500.00 GL Distribution GL Distribution Gross Amount Description 100 -81 -5000 50.00 102 -01- -5000 -010 150.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING PO Liquidation AUTHORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -014 150.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * *" HOUSING AUTHORITY MEETING ALLOWANCE ( SECTION 8 VOUCHER PORTION) 102 -01�, -5000 -010 100.00 I EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MAY, JUNE (SECTION 6 EXISTING PORTION) 102 -01- 5000 -014 100.00 1 EA BACK PAY FOR PY1998-99 MARCH, APRIL, MY, JUNE (SECTION 8 VOUCHER PORTION) PO Liquidation Amount 102 -01- 5000 -010 250,00 102 -01- 5000 -014 250.00 ------------------------ .,------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 594 MAMIEL LOZANO AP 115007 01/25/00 50.00 Y Claim# General. Description 28654 FINANCE AUTHORITY MTG ALLOWANCE PO# Stat Contract# Invoice# Snvc Dt Grass Amount Discount Amt Discount Used Net Amount 5393 0 0 01/24/00 50.00 0.00 50,00 GL Distribution Gross Amount Description 100 -81 -5000 50.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FINANCING AUTHORITY MEETING ALLOWANCE PO Liquidation Amount CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 62 Check History. Hank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 100 -81 -5000 50.00 __------- --------- ----- ------ ---- -- ---- ------------------------_°°__-__-__-----------------------------"------`----`------_----`----- Vend# Vendor Name Funk Check# Chic Date Check Amount Sep 2765 MARLEN GARCIA AP 115008 01/25/00 50.00 Y Claim## General Description 28655 HOUSING AUTHORITY MTG ALLOWANCE HACK PAY (DEC) 1999 -00 PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6132 O 0 6132 0 0 01/17/00 50.00 0.00 50.00 Gross Amount GL Distribution Gross Amount Description 25.00 1 EA * * ** ANNUAL 102 -01- 5000 -010 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING ALLOWANCE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -0i0 AUTHORITY MEETING ALLOWANCE (SECi'I0N 8 EXISTING PORTION) PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING 102 -01- 5000 -GIG 25,00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING PO Liquidation Amount AUTHORITY MEETING ALLOWANCE {SECTION 8 VOUCHER PORTION) 102 -01- 5000 -010 -------------------------------------------°__°---_°__-_---__--------------------__-°__-------------------- PO Liquidation Amount --___- ----- -- ---- --- -- - --- 102 -01 --5000 -07.0 50.00 ------------------------------------------------------------------ Vend## Vendor Name ------------- --- -- - - - --- ---°_---___------------------------------ Dank Check# Chk Date Check Amount Sep 2765 MARLEN GARCIA AP 115009 01/25/00 50.00 Y Claim# General Description 78656 FINANCING AUTHORITY MONTHLY MTG ALLOWANCE PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6012 O 0 01/24/00 50.00 0.00 50.00 GL Distribution Gross Amount Description 100- 81 -500D 50.00 1 2A * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FINANCING AUTHORITY 14EETTN2 PO Liquidation Amount 100 -81- 5000 50.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2765 MARLEN GARCIA AP 1 =5010 01/25/00 50.00 Y Claim# General Description 28698 HOUSING AUTHORITY MTG ALLOWANCE STAN 2000 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6132 O 0 01/20/00 50.00 0.00 50.00 GL Distribution Gross Amount Description 102 -01- 5000 -07.0 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING AUTHORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -0i0 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING AUTHORITY MEETING ALLOWANCE (SECTION 6 VOUCHER PORTION) PO Liquidation Amount 102 -01- 5000 -010 -------------------------------------------°__°---_°__-_---__--------------------__-°__-------------------- 50.00 --___- ----- -- ---- --- -- - --- CCS,AP Accounts Payable Release 5 -.7,4 N *APR700 By SANDRA A (SANDY -A) Jan 25, 2000 04:06pm Page 63 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114809 to 115041 __------_-----------------------------------------------------------------------------------------------------------------------._------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 619 MAYER, COBLB & PALMER AP 115011 01/25/00 201.25 Claim# General Description 28659 SRV THRU DEC 1999 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 16489 01/01/00 201.25 0.00 201.25 GL Distribution Gross Amount Description 1,097.21 L GAIR 100 -04- 5000 201.25 SRV THRU DEC 1999 Bank Check# Chk Date Check Amount Sep ----------------------------------------------------------------------------------------------------.....------------------------------- Vend# Vendor Name All 115013 Bank Check# Chk Date Check Amount Sep 4563 M6NA AMERICA BUSINESS CARD CARD AP 115012 01/25/00 1,097.21 Claim## General Description 28704 CREDIT CARD PMT LINDA GAIR 5474 -9764- 9868 -2639 PO# Stat Contract# Invoice# inve Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/20/00 1,097.21 0.00 1,097,21 GL Distribution Gross Amount Description GL Distribution Gross Amount 100 -01 -5330 -101 1,097.21 L GAIR 100 -21 -5330 ----------------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name 36.81 R LEGARRA Bank Check# Chk Date Check Amount Sep 4563 MBNA AMERICA BUSINESS CARD All 115013 01/25/00 36.81 Y Claim# General Description 26692 CREDIT CARD PMT 5474- 9764 - 9868 -2670 RICHARD LEGARRA PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 0 01/04/00 36.81 0.00 36.81 GL Distribution Gross Amount Gross Amount Description 100 -21 -5330 2,609.88 36.81 R LEGARRA ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4563 MBNA AMERICA BUSINESS CARD AP 115014 01/25/00 2,609.88 Y Claim# General Description 28703 CREDIT CARD PVT JAMES HATHAWAY 5474- 9764 - 9868 -2688 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/03/00 2,609.88 0.00 2,609.88 GL Distribution Gross Amount Description 100 -12 -5330 2,609.88 J HATHAWAY ------------------------------------------------------"---------------`---`--------`-`--`----`--------`---------_-_------------------ vend# Vendor Hume Bank Check# Chk Date Check Amount Sep 4784 THE MCGRAW-HILL COMPANIES AP 11.5015 01/25/00 359.18 Claim# General Description 28661 TECH REP BOOKS ACCT #MI61855 PO# Stat Contract# invoice# Invc Dt Gross Amount V594242 12/27/99 359118 GL Distribution Gross Amount Description 131 -13 -5210 319.16 TECH REP BOOKS CCS.AP Accounts Payable Release 5.7.4 NQ APR700 Discount Amt Discount Used Net Amount 0.00 359.18 By SANDRA A {SANDRA) Jan 25, 2030 04:06pm Page 65 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check # "s 114849 to 115041 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 691 MICHAEL J O'DAY & ASSOCIATES AP 115016 01/25/00 30.00 Claim# General. Description 28687 PARKING HEARING -JAN 2000 PC# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5534 0 0 01/14/00 30.00 0.00 30.00 CL Distribution Gross Amount Description 100 -23 °5004 30.00 1 EA * * ** ANNUAL PURCKASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PARKING CITATION ADJUDICATION PO Liquidation Amount 100 -23 -5090 30.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1576 MICRO WAREHOUSE AP 115017 01/25/60 2,602.83 Claim# General Description 22167 LINKSYS ETHERFAST 8 -PORT PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 4719 C E3972601 12/24/98 0.00 0.00 0.00 GL Distribution Gross Amount Description 131 -13 -5724 0.00 2 RA LINKSYS ETHERFAST 8-PORT 10/100 SWITCH (DESKTOP) DEH4163 131 -13 -5724 0.00 PO Liquidation Amount 131 -13 -5724 345.82 Claim# General Description 28663 ROUTER, CISCO 2501, P/N DB1602 DCA 2896, CABLES TSU'S, ADTRkNN P/N DMD4309 DET1662, TRANSCEIVER PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5985 C P25836410001 12/08/99 2,630.85 0.00 2,630.85 P26577910101 12/15/99 171.98 0.00 171.98 GL Distribution Gross Amount Description 131 -13 -5724 1,689.00 1 EA ROUTER, CISCO 2501, P/N DEB1602 131 -13 -5724 171.98 2 EA DCA 2896, CABLES 131 -13 -5724 919.90 2 EA T8U'S, ADTRAN, P/N DMD4309 131 -13 -5724 21.95 1 FA DE71662, TRANSCEIVER PO Liquidation Amount 131 -13 -5724 2,802.83 ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1129 MR. BILL'S AP 115028 01/25/00 21.5'5 Claim# General Description 28660 CABLE TIES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 99421 12/02/99 21.55 0.00 21.55 GL Distribution Gross Amount Description 100 -72 -5210 21.55 CABLE TIES -------- ------- -- --- ----------- --- - ---- ------------------------------------------------------------------ ---- --- ----- ------ --- - -- - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) .Tan 2S, 2000 04:06nm Page 66 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 2.7.4809 to 115041 ---------------------------------------------------------------------------------------------- -- ---- -- --`- -`-- `-- --- ---- - - ---- - - - - -- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1332 OCE CREDIT CORPORATION DEPARTMENT 1570 (OCE -USA, INC.) AP 7.15019 01/25/00 1,653.33 Claimi# General Description 28662 COPIER MAINT -P.D. DEC /EXCESS -NOV COPIER MAINT -ENG DEC /EXCESS -NOV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5429 0 486922 12/08/99 444,48 0.00 544.48 495971 12/15/99 175.00 0.00 175.00 GL Distribution Gross Amount Description PURCHASE ORDER FOR FISCAL YEAR 1999 -2006 * * ** ,LEASE, 131 -14 -5210 -062 61-9.46 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEARA 1999 -2000 * * ** SERIAL #12210. ONE (1) FOR ENGINEERING DEPT - MAINTENANCE CONTRACT FOR TWO (2) OCE' 345 COPIERS {ONE FOR POLICE DEPT Amount RECORDS, SERIAL 912210, ONE FOR ENGINEERING, SERIAL #12333) PO Liquidation Amount --- -------- ----- ---- ----- - - - - -- 131 -14- 5210 -062 619,48 Claim# General Description 28664 DEC COPIER MAINT COMMUNITY CENTER (NOV) CTST #448975 PO# Stat Contract# Invoice# 5428 0 488700 GL Distribution 131 -14- 5210 -062 PO Liquidation 131 -14 -5210 -062 Claim# General Description 28665 LEASE COPIER P.D. /ENG .ACCT #0000131752 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/09/99 302.09 0.00 302.09 Gross Amount Description 302.09 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * *** MAINTENANCE CONTRACT FOR COPIER AT COMMUNITY CENTER Amount 302.69 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5423 0 398011 12/01/99 468.20 0.00 466.20 GL Distribution Gross Amount Description 131 -14- 5760 -052 488.20 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** LEASE PURCHASE ORDER FOR FISCAL YEAR 1999 -2006 * * ** ,LEASE, AGREEMENT FOR TWO (2) OCE' 3045 COPIERS [ONE` (1} FOR POLICE DEPT RECORDS - SYSTEMS COPIER, SERIAL #12210. ONE (1) FOR ENGINEERING DEPT - SERIAL #12333) PO Liquidation 131 -14 -5760 -062 Amount. 488.20 Claim# General Description 28666 LEASE COPIER COMMUNITY CENTER LEASE PMT 931 ACCT 40000142831 PO# Stat Contract# Invoice## Invc Dt Gross Amount, Discount Amt Discount Used Net Amount 5425 0 400725 12/01/99 243.56 0.00 243.56 GL Distribution Gross Amount Description 131 -14 -5760 -062 243.56 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2006 * * ** ,LEASE, AGREEMENT FOR COPIER AT COMMCIN7TY CENTER, 3045 OFFICE SYSTEMS COPIER, SERIAL #22466) PO Liquidation Amount 131 -14- 5760 -062 ----------------------------------------------------------------------------------------------------- 243.56 --- -------- ----- ---- ----- - - - - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 i By SANDRA A {SANDRA) Jan 25, 2000 04:06pm Page 67 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check # °s 114809 to 115041 ________ _____ ___ __ _______ _____ ______ _________________________________________________________________________________..__.___..__--- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4637 OFFICE SOLUTIONS AP 115020 01/25/00 1,023.22 Claim# General Description 28702 CERTIFICATION STAMPS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 418902 10/05/99 35.72 0.00 35.72 418893 10/05/99 29.88 0.00 29.88 418918 10/05/99 254.39 0.00 254.39 GL Distribution Gross Amount Description 201.85 100 -03 -5210 319.99 CERTIFICATION STAMP 129.08 Claim# General Description 26705 MISC OPPICP SUPPT,IES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5956 C 437040 11/22/99 382.77 0.00 382,77 435857 11/17/99 201.85 0,00 201.85 435304 11/16/99 129.08 0.00 129.08 536328 11/17/99 -10.47 0.00 -10.47 435778 11/22/99 382.77 0.00 382.77 536511 11/22/99 - 382.77 0.00 - 362.77 GL Distribution Gross Amount Description 100 -03 -5220 583.99 3 EA #HON534L FILING CABINET, 4- DRAWER 200 - 03--5220 9.00 1 EA #FEL72604 STEP UP FILE ORGANIZER 100 -03 -5210 40.21 1 EA #EXP42801 4- DRAWER PRINTER STAND 100- -03 -5210 6.03 1 EA #AAGPM212 -28 YEARLY CALENDAR 100- -03 -5210 32.99 1 EA 4AVES766 FILE FOLDER LABELS 100- -03 -5210 29.01 3 EA 4AVE8164 S141PPING LABELS PO Liquidation Amount 100 -03 -5210 703.25 -- ------ ---- --- --- ----- ---- - - Vend# Vendor Name - --. _ _-------- _--_ °_--- ------- - - - -__ _____.__ - _-___-_--_-___-__-___-_-_---_------------------------ Bank Check# Chk Date Check Amount Sep 701 OMNI COMPLPL'ER PRODUCTS AP 115021 01/25/00 1,089.61 C aSm# General Description 28667 '.f.'ON'ER PO# Stat Contract# Invoice# 5950 C 196831 -1 GL Distribution 131 -13 -5210 131 -13 -5210 PO Liquidation 131 -13 -5210 Claim# General Description 26668 RIBBON CASSETTE Invc Dt Gross Amount Discount .Amt Discount Used Net Amount 11/65/99 587.93 0.00 587.93 Gross Amount Description 242.43 3 EA Q1400 HP 5 TONER 92298A 345.90 3 EA Q5500 HP 5S1 TONER C3909A Amount 591.24 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used 6117 C 203894 -1 12/28/99 501_68 0.00 GL Distribution. Gross Amount Description 131 -13 -5210 501.68 12 EA !-�60iR -X.A DIGITAL LA600 RIBBON CASSETTE. CCS.AP Accounts Payable Release 5.7.4 N- APR700 Net Amount 501.68 By SANDRA A (SANDRA) Jan 25, 2004 04:06pm Page 68 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 PO Liquidation Amount 131 -13- 5210 528.95 -----------------------'--_--------------°__°_--______-__.._----____-'-_------__°,.____-__---_--------_-_------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 655 ONE HOUR PHOTO PLUS AP 115022 01/25/00 304.93 Claim# General Description 28669 PHOTO DEV SRV PO# Stat Contract# Invoice# 6D16 5461 5524 5571 5796 5810 5792 GL Distribution 102 -42- 5210 -013 Claim# General Description 28690 PRINTS /DEV PO# $tat Contract# Invoice# 5519 0 5126 6168 6166 6188 6207 GL Distribution 100 -25 -5210 Invc Dt Gross Amount 10/25/99 4.62 05/27/99 38.06 06/15/99 23.84 06/24/99 4.83 08/19/99 9.66 08/24/99 4.62 08/19/99 30.26 Gross Amount Description. 115.89 DEV SERV Discount Amt Discount Used 0,00 0.00 0.00 0.00 0.00 D.DO 0.00 Net Amount 4.62 38.06 23.84 4.83 9.66 4,62 30.26 Invc Dt Gross .Amount Discount Amt Discount Used Net Amount 12/01/99 96.54 0100 96.54 12/17/99 8.70 0100 8.70 12/23/99 6.77 0100 6.77 12/23/99 63.65 0.00 63.65 12/31/99 13.38 0.00 13.38 Gross Amount Description 189.04 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * - FILM AND DEVELOPMENT PO Liquidation Amount 100- 25--5210 189.04 - - --- ------- - - -.__ _-__--____-______-_-°°___--_---__-__----------__------------------------ ..____ °_____.___ - -_ _--- - -. - -_ __ - - - - -- vend# Vendor Name Bank Check## Chk Date Check Amount Sep 710 PACIFIC BELL AP 115023 01/25/04 48.41 Claim# General Description 28691 PRIVATE LINE SERV 331 -254 5633 464 5 4184 PO4 Stat Contract# Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 331 254 -5633 01/07/00 48.41 a.G0 48.41 GL Distribution GrosS Amount Description 100 -25- 5430 48.41 PRIVATE LINE --P.D, -----------------------------------..-._.._---_-- -_----- ___- _____- __- ____ -_.__ -----°°__-_--------------------- _- --- _- ___-_----- -- -- -- CCS.AP Accounts Payable Release 5,7,4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 69 Check History. Bank AP Check Dates CO /00 /00 to 99/99/99 Check #'S 114809 to 115041 --------------------------------------------°___-------_---__--_-----------_-------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4012 PC CASTLE, INC. AP 115024 01/25/00 102.43 Claim# General Description 28670 MOUSE /CPU FAN PC# Star. Contract# Tnvoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5946 C 2912 12/41/39 102.43 0100 102,43 GL Distribution Gross Amount Description 126.00 AD -P.D. 131 -13-- 5724 52.43 10 EA SERIAL MOUSE ------- ------ --------------------_--___---------_------- Bank. Check# Chk Date Check Amount Sep 131 -13 -5724 50.00 10 EA C.P.U. FAN, REGULAR PENTIUM Chk Date Check Amount Sep PO Liquidation Amount AP 115026 01 /25/00 126.00 131 -13 -5724 102.43 ------------------------- -------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4384 PENINSULA INVESTIGA'T'IONS AP 115025 01/25/00 795.1..5 Claim# General Description 28672 INVESTIGATIVE SRV -DEC PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 12/31/99 126.00 9902 -36 12/27/99 795.15 0.00 795.15 GL Distribution Gross Amount Description 126.00 AD -P.D. 100 -15 -5000 ----------------------------------------------------------------------- Vend# Vendor Name 795.15 DEC SRV ------- ------ --------------------_--___---------_------- Bank. Check# Chk Date Check Amount Sep ------------------------------ Vend# Vendor Name ------- ----------- --- --- - - - -._ ------ -_--__ __- - - - - -_ - -_ _----------------------------.------------- Sank Check# Chk Date Check Amount Sep 4351 PORAC LAW ENFORCEMENT NEWS AP 115026 01 /25/00 126.00 Claimf# General Description 28671 ADVERTTSEMENT -P,I), PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5694 12/31/99 126.00 0.00 126.00 GL Distribution Gross Amount Description 100 -25 -5000 126.00 AD -P.D. ----------------------------------------------------------------------- Vend# Vendor Name -- -- ------- ------ --------------------_--___---------_------- Bank. Check# Chk Date Check Amount Sep 1051 PYRO SPECTACULARS, AP 115027 01/25/00 1,425.00 Claim# General Description 28673 DEPOSIT -4TH OF JULY CELEBRATION PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 1,425.00 0.00 1,425.00 GL Distribution Gross Amount Description 100 -72 -5000 1,425.00 DFPOST'T' ----------- ------------------------------------------------------------------------------------------------------------------------- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 70 Check History, Sank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 114809 to 115041 vend# vendor. Name Sank. Check# Chk Date Check Amount Sep 734 RASCO AP 115028 01/25/00 79.89 Claim# General Description 28674 SIGNATURE STAMPS PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 04098 01/10/00 79.89 0.00 79.89 GL Distribution Gross Amount Description 150.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** 100 -23 -5210 79.89 SIGNATURE STAMPS FOR FISCAL YEAR 1999 -2000 * * ** FINANCING vend# Vendor Name AUTHORITY MEETING ALLOWANCE 7 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 " * ** Bank Check# Chk Date Check Amount Sep 3495 RICARDO PACYRCO AUTHORITY MEETING ALLOWANCE (SECTION 8 VOUCHER i'ORTTON) AP 115029 01/25/00 50.00 Claim# General Description 28675 FINANCING AUTHORITY MTG ALLOWANCE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5395 0 0 01/24/00 50.00 O.OD 50.00 GL Distribution Gross Amount Description 150.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** 100 -81 -5000 50.00 1 FA * * ** ANNUAL. PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FINANCING 102 -01- 5000 -0 4 AUTHORITY MEETING ALLOWANCE 7 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 " * ** HOUSING PO Liquidation Amount AUTHORITY MEETING ALLOWANCE (SECTION 8 VOUCHER i'ORTTON) 102- -01 °5000 -010 100 -81 -5000 50100 EXISTING ------- ------- ------- __ -___ __ ----- - - - - -- vend# vendor. Name _----_------- -------- ------ __------ - - - - -- _ . - _ -____. .------------------------°_----------- Hank Check# Chk Date Check Amount Sep 3495 RICARDO PACHECO AP 115030 01/25/00 500.00 Y Claim# General Description 28676 HOSUING AUTHORITY MTG ALLOWANCE SACK PAY (MAR -JUN) FY 1996 -99 BACK PAY (JLY -DEC? FY 1999 -00 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount. Amt Discount Used Net Amount 6131 0 0 01/24/00 500.00 0.00 500.00 GL Distribution Gross Amount Description 102-01- 5000 -010 150.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSIN(3 AU'T'HORITY MEETING ALLOWANCE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -0 4 150.00 7 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 " * ** HOUSING AUTHORITY MEETING ALLOWANCE (SECTION 8 VOUCHER i'ORTTON) 102- -01 °5000 -010 10O.0D I EA BACK PAY FOR PY1998 -99 MARCH, APRIL, MAY, JUNE' {SECTION 8 EXISTING PORTION$ 102 -01 -5000- -014 100.00 1 EA BACK PAY FOR FY1996 -99 MARCH, APRIL, MAY, JUNE (SECTION 8 VOUCHER PORTION) PO Liquidation Amount 102 -01 -5000 -010 250.00 102-01-5000 -014 --------------------------------------- ,.--------------------------------------------------------------------------------- 250.00 ------ - - - - -- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 71 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check#,s 114809 to 115041 -----`---------------°__---------------------------------------_-__------__---..__-__----_--------------------------------------------- Vend# Vendor Dame Bank Check# Chk Date Check Amount Sep 3495 RICARDO PACHECO AP 115031 01/25/00 50.00 Y Claim# General. Description 28697 HOUSING AUTHORITY MTG ALLOWANCE-JAN 200D PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount Net Amount 6131 0 0 01/24/00 0.0D 50.00 0100 50100 GL Distribution GL Distribution Gross Amount Description 114 -59 -5210 -093 102 -01- 5000 -010 25.00 1 EA * * ** .ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING 1 FA WINNOW ENVELOPES FOR W -21s, (S00 PER LOT) AUTHORITY MEETING ALLOWANCE (SECTION 6 EXISTING PORTION) 1 EA 1999 W -2 AND 1099 UPGRADE 102 -01 -5000 -014 25.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HOUSING 4098 RX LASER 607.67 AUTHORITY MEETING ALLOWANCE (SECTION 8 VOUCHER PORTION) 102 -01- 5000 -010 0.00 1 EA BACK PAY FOR FY1998 -99 MARCH, APRIL, MY, JUNE (SECTION 8 EXISTING PORTION) 102 -01- 5000 -014 0.00 1 EA BACK PAY FOR FY1596 -99 MARCH, APRIL, MAY, JUNE {SECTION 6 VOUCHER PORTION) PC Liquidation Amount 102 -01 -5000 -010 25.00 102 -e1- 5000 -014 25.00 ----------------------------------------------'------------------------------------------------------- Vend# Vendor. Name --------- ---- --- ------ Hank Check# Chk Date Check --- - - - - -` Amount Sep 4749 RIGEL PRODUCTS a SERV'1C2 AP 115032 01/25/00 325,34 Claim# General. Description 28709 REPAIR OF PUNJAR PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6089 C 36305 12/09/99 325.34 0.0D 325.34 GL Distribution Gross Amount Description Description 114 -59 -5210 -093 325.34 1 EA REPAIR OF PUNJAR 1. FA PERFORATED PAPER ?OR W -21s, #HP 432 (500 PER LOT) PO Liquidation Amount 1 FA WINNOW ENVELOPES FOR W -21s, (S00 PER LOT) 3.14 -59- 5210 -093 325.35 1 EA 1999 W -2 AND 1099 UPGRADE ----- -- ----- ------- --------- - - - --- .- . vend# Vendor Name _---__-_-_---------------------------------------- -------------- Bank Check# --------- _.______ - _-- - - - - -- Chk Date Check Amount Sep 4098 RX LASER 607.67 AP 115033 01/25/00 607.67 Claim# General Description 28708 W -21S FORMS WINDOW ENVELOPES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5991 C 8550 12/08/99 607.67 0.00 607.67 GL Distribution Gross Amount Description 100 -12 -5440 80.17 1. FA PERFORATED PAPER ?OR W -21s, #HP 432 (500 PER LOT) 100 -12 -5440 32.50 1 FA WINNOW ENVELOPES FOR W -21s, (S00 PER LOT) 100 -12 -5440 495.00 1 EA 1999 W -2 AND 1099 UPGRADE PO Liquidation Amount 100 -12 -5440 607.67 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Jan 25, 2000 04:06pm Page 72 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3565 SAN GABRIEL VALLEY WATER ASSOC AP 115034 CI /25/40 100.00 Claim# General Description 28678 2000 DUES PO# Stat Contract# Invoice' Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6071 C x4866 61/03/00 100.00 0.00 100.00 GL Distribution Gross Amount Description 131 -13 -5724 100 -01 -5240 100.00 2000 DUES 131 -13 -5724 209.00 2 ----------------------._____°_----_--____------------------------------------------------------- Vend# Vendor Name UPGRADE CONTRACT -- ------- Bank Check# --- ------ - -.... ------- - - -- -- Chk Date Check Amount Sep 4726 ST. BERNARD SOFTWARE AP 115035 02/25/00 1,507.00 Claim# General Description 28679 OPEN FILE MANAGER LICENSE FOR WINDOW NT & NETWARF, 5 MAINT & UPGRADE PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 6071 C x4866 01/05/00 1,507.66 0.00 1,507.00 GL Distribution Gross Amount Description 131 -13 -5724 1,298.00 2 EA OFM -SVR -50001 OPEN FILE MANAGER LICENSE FOR WINDOW NT & NETWARS 5 131 -13 -5724 209.00 2 EA OFM -MS -50001 MAINTENANCE & UPGRADE CONTRACT PO Liquidation Amount 131 -13- 5724 ---------------------------------------"-------`------`----`-`--`---------------- 1,607,66 Vend# Vendor Name ---------- --- -- ---------------- — ------ - ----- — -- -- Bank Check# Chk Date Check Amount Sep 793 "STAMP OUT" AP 115036 01/25/00 136.99 Claim# General Deacrip: ion 28680 SELF INKING STAMPS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5491 O 99022446 07/15/99 136.99 0.00 136.99 GL Distribution Gross Amount Description 102 -42- -5210 136.99 3 EA SRLP- INKING STAMPERS, "RECEIVED" w /DATE "BALDWIN PARK HOUSING AUTHQRIT'1 PC Liquidation Amount 3.02 -42 -5210 135.99 _.._..--------------------------------------------------------------------`----------------------------- ----------- --- -- --- ------- - - - -` Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 184 STATE BOARD OF EQUALIZATION FUEL TAKES DIVISION AP 115037 01/25/00 144.66 Claim# General Description 28694 UNDERGROUND STORAGE TMK PEE RETURN OCT - DEC 1999 ACCT #44 - 009874 PO# Stat Contract# Invoice# Znvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/13/00 144.66 0,00 144.66 GL Distribution Gross Amount Description 130 -58 -5210 144.66 OCT -DEC 99 ----------- ------ --- -- -- ---------- -- - ----- ---------------- ---- ----- ------------- °____ -__- - ---_----- __- __-------- --- ------- --_ - -_ CCS.AP Accounts Payable Release 5.7.4 N *A2R700 By SANDRA A (SANDRA) Jan 25, 2000 09:06pm Page 73 Check History. Sank AP Check Dates 00/00/00 to 99/99/99 Check #'s 114809 to 115041 ---------- ---------°---------------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1536 THE ECONOMICS PRESS, INC. AP 115038 01/25/00 79.66 Claim# General Description 28696 SUBSCRIPTION RENEWAL WOMEN AS MANGERS PO# Stat Contract# invoice# .invc Dt Gross Amount Discount Amt Discount Used Net Amount WIM- 54893979 11/03/99 79.66 0.00 79.66 G1, Distribution Gross Amount Description Gross Amount 1,07 -54- 5240 -047 79.66 SUBSCRIPTION 100 -29 -5210 ------___..-----------------------------------------------------------------------..__----_---_--'------ Vend# Vendor Name 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SHREDDING --- Bank Check# -- --- -------- `-------- ---` - -` Chk Date Check Amount Sep 2585 THE SHREDDERS SERVICES AP 115039 01/25/00 50.00 Claim# General Description 28681 SHREDDING SRV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5512 0 12444 12/31/99 50.00 0.00 50.00 GL Distribution Gross Amount Description 100 -29 -5210 50.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** SHREDDING SERVICES PO Liquidation Amount 100 -29 -5210 50.00 ------------------ ---- --- -- -- Vend# Vendor Name ---- ---- --- -- - - - - -- - --------------------------------------------------------------------------------- Bank Check# Chk Date Check Amount Sep 750 VCA SANTA ANITA SMALL A -NIMAL HOSPITAL AP 115040 01/25/00 43.00 C1.aim# General Description 28682 K -9 SERVICE PO# $tat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5530 0 235849 12/09/99 43.00 0.00 43.00 GL Distribution Gross Amount Description 100 -23 --5000 43.00 1 EA * * ** ANNUAL, PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** CANINE MEDICAL, CARE PO Liquidation Amount 100- 23 -SCOO 43.00 -------------------------.._-----__--------------------------------------------------------------------------------_---____-----___------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2636 WEST END UNIFORMS AP 115041 01/25/00 316.25 Claim# General Description 28683 BATON HOLDERS /PANTS PO# $tat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5521 0 50793 12/16/99 130.92 U.0D 130.92 50668 12/02/99 185.33 0.00 185.33 GL, Distribution Gross Amount Description 100 -25 -5210 316.25 1 EA " ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** POLICE DEPARTMENT UNIFORMS AND SUPPLIES PO Liquidation Amount 100 -25 -5210 316.25 CCS.AP Accounts Payahle Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Fan 25, 2000 04iHpm Page 74 Check History. Bank AP Check Dates oa /oa /aa to 99/99/99 Check #'s 114609 to 115041 Bank pages purposely omitted: Non- issued '.'VOID" checks: Paid Checks: 16, 53, 64 114811 Check Count 221 114861 Check Total 1, 032, 988.90 114863 PO Liquidation Total. 592,889.92 114901 - 114402 Backup Withholding Total 0.00 114920 114928 - 114929 Void checks, 114934 Check Count 0 114441 Check Total 0.00 114965 PO Liquidation Total O,00 Backup Withholding Total 0.00 115001 CCS.AP Accounts Payable Release 5.7.4 N- APR700 By SANDRA A {SANDRA} RESOLUTION NO. 2000-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND 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 KELL , INTERIM CHIEF EXECUTIVE OFFICER SECTION 2. That the payroll of the City of Baldwin Park consisting of check numbers 102298 to 102642, inclusive, voids: 102298, 102306, 102320, and 102641 for the period of December 26, 1999 through January 8, 2000 inclusive, has been presented and hereby ratified, in the amount of $383,592.03. SECTION 3. That General Warrants, including check numbers 114809 to 115041 inclusive, in the total amount of $1,038,988.90 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 February 2nd, 2000. �( MANUEL LOZANO, MAY R 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 City Council on February 2nd, 2000, by the following vote: AYES: COUNCILMEMBERS: Pacheco, Gair, Garcia, Mayor Pro Tem Van Cleave and Mayor Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Mayor Pro Tem Abstained only on those warrants to Mr. Bill's Hardware ROSEMARY M. RA R Z, `P7 CITY CLERK 0 11 BALDWIN P A,R,K CITY COUNCIL AGENDA FEB 0 2 2000 CITY OF BALDWIN PARK Staff lAW461h. t � TO: Mayor & City Council FROM: Richard A. LeGarra Chief of Police DATE: February 2, 2000 SUBJECT: Purchase of Seized Vehicle Purpose Staff requests City Council approval to purchase seized 1994 Mitsubishi 300OGT with asset - forfeiture funds. Background A narcotics operation in February 1998 resulted in the seizure of a 1994 Mitsubishi 300OGT and U.S. currency. In July 1999, the Drug Enforcement Administration awarded the car to the Baldwin Park Police Department. In order for the City of Baldwin Park to claim ownership of the car, a check in the amount of $2,376.78 needs to be made to the U.S. Marshall's Service. This amount represents the federal portion of sharing and expenses. Discussion The 1994 Mitsubishi 300OGT has an approximate value of $12,500. Our net gain would be the difference between the eventual sale price and the amount owed the Marshall's Service. The car will be sold according to established city practices. The use of asset - forfeiture funds to pay the amount owed the Marshall's Service is permissible under U.S, Department of Justice guidelines and policy. Any gain obtained from the sale of the car may only be spent for law enforcement purposes. We propose to use the net gain to acquire needed equipment, technology, and /or communications hardware, jAcpl I mpact Reduction in the Federal Asset - Forfeiture Fund of the specified amount. There is no fiscal impact on the City of Baldwin Park's General Fund. The monetary gain was not budgeted for in the FY 99100 budget. The Police Department will complete any required Budget Appropriation Transfer from the Federal Asset Forfeiture Fund to the Police Budget. Recommendation Staff recommends the City Council approve the purchase of the seized 1994 Mitsubishi 300OGT with asset - forfeiture funds. Staff further recommends the net proceeds obtained from the sale of the car be earmarked for needed equipment, technology, and/or communications hardware. Report prepared by Captain M. Stedman4 Err, TO: FROM: DATE: INTER-OFFICE MEMORANDUM Chief LeGarra Rosemary Ramirez, Deputy City February 4, 2000 SUBJECT: February 2, 2000 -City Council Meeting Action The following action was taken by the City Council at their meeting held February 4, 2000. • City Council approved the purchase of a seized 1994 Mitsubishi 3000GT with asset - forfeiture funds and authorize staff to allocate the net proceeds obtained from the sale of the vehicle, towards the purchase needed for equipment, technology, and /or communications hardware. cc: Dayle Keller, Interim Chief Executive Officer maINk BALDWIN PEA °R,K CITY OF BALDWIN PARK CITY COUNCIL AGENDA STAFF Rk*kt 2000 ITEM NO. TO: City Council FROM: Shafique Naiyer, Interim Department of Public Works,) DATE: February 2, 2000 SUBJECT: APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF MEDIAN AND PEDESTRIAN PUSH BUTTON SIGNAL ALONG BALDWIN PARK BOULEVARD IN FRONT OF THE COMMUNITY CENTER, CIP 859 PURPOSE This report requests that the City Council approve the plans and specifications and authorize staff to advertise and solicit bids for the construction of median and pedestrian push button signal along Baldwin Park Boulevard in front of the Community Center. _Ti9:Ce 1Z6111rLI This project includes the construction of concrete median, landscaping, irrigation system, color concrete crosswalk and pedestrian push button signal along Baldwin Park Boulevard in front of the Community Center. DISCUSSION On October S, 1999, the City Council awarded a contract Lin Consulting, Inc for Engineering services relating to the design of median and pedestrian push button signal. The design consultant, Lin Consulting, Inc. has completed the plans and specifications for this project. The project is part of the FY1999 -2000 Capital Improvement Program. Cost estimate for this project is $80,000. 1 have attached a set of plans for City Council's review. FISCAL IMPACT Prop "C" funds will be utilized for the construction and inspection services. This project is part of the FY1999 -2000 Capital Improvement Program. RECOMMENDATION It is recommended that the City Council approve the plans and specifications and authorize staff to advertise and solicit bids for the construction of median and pedestrian push button signal, CIP 859. REPORT PREPARED BY Arjan Idnani Engineering Manager SNIAIIvv c: lwpdocslstaffrptLstafrpts ).stf02 -02.a i PV S ■ LO Z CL Ca aa w a d OK a N r U U U X ci ¢ P 7 w c IL ° m M- O _z a CD C U � m D d Gp 2N�S JQ� 4 mZ� GmU Q �4 WO �v SZ2z 4 ¢ 4 O ON�y EO G QV1w Q �NNZQOS F�GO ¢ �3N 'x„wO U Nq�O OJT m CZK�m�ao ��w� q3w U40 W pW� OGV]r- �F�z =�_o U NZ�� a�IwJF O 4_'p pip -� 7K� �z7 L =�FVWx OIw] NZ_F i151tr.'y' ij 6`r 4 �f:n UUK d]p2, ZQU p Joz a °6vi � V1�w4 Z� Z b�✓2'" �❑ �s iN0.0 o�a i/�NwPCm�S 4w4i ��Q4 3NW KO �aw 2 ' NO2Zww W?s c ZF? � -: w0 66� O_ Ji0 s O < wF Fw Q < U W Z W 0 n 2 ® > C� < U 0� Q- L< a- Q Z Q Z I--� < Z Q W W CO 0 W tl LO Z CL Ca aa w a d OK a N r U U U X ci ¢ P 7 w c IL ° m M- O _z a CD C U � m D d Gp 2N�S JQ� 4 mZ� GmU Q �4 WO �v SZ2z 4 ¢ 4 O ON�y EO G QV1w Q �NNZQOS F�GO ¢ �3N 'x„wO U Nq�O OJT m CZK�m�ao ��w� q3w U40 W pW� OGV]r- �F�z =�_o U NZ�� a�IwJF O 4_'p pip -� 7K� �z7 L =�FVWx OIw] NZ_F i151tr.'y' ij 6`r 4 �f:n UUK d]p2, ZQU p Joz a °6vi � V1�w4 Z� Z b�✓2'" �❑ �s iN0.0 o�a i/�NwPCm�S 4w4i ��Q4 3NW KO �aw 2 ' NO2Zww W?s c ZF? � -: w0 66� O_ Ji0 s c� .... -- b . 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I ei P 0 0 0' NIM-3 r■ ■ /A'LL �f P A. - R- K TO: FROM: DATE: INTER- OFFICE MEMORANDUM Shafique Naiyer, Interim Rosemary Ramirez, Deputy February 4, 2000 r Works D co SUBJECT: February 2, 2000 -City Council Meeting Action The following action was taken by the City Council at their meeting held February 4, 2000. • City Council approved the plans and specifications and authorized staff to advertise and solicit bids for the construction of median and pedestrian push button signal, CIP 859 CC' Dayle Keller, Interim Chief Executive Officer CITY OF BALDWIN PARK 11 � BALDWIN P - A , R, K CITY COUNCIL AGENDA FEB 0 2 2000 ITEM N0. t- E STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Rick Forintos, Interim Community Development Direct DATE: February 2, 2000 SUBJECT: Second Reading and Adoption of Ordinance No. 1156 - Amendments to the Municipal Code Relating to Temporary Use Permits PURPOSE: The purpose of this report is to request City Council approval to adopt Ordinance No. 1156 on second reading. BACKGROUND /DISCUSSION: At their meeting on January 5, 2000, the City Council concurred on the proposed contents of an Ordinance amendment pertaining to Temporary Use Permits. 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. The City Council on January 19, 2000 'introduced and approved for first reading Ordinance Number 1156. 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 16, 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: It is recommended that the City Council: • Waive further reading, read by title only, and adopt on second 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 110, OF THE BALDWIN PARK MUNCIPAL CODE RELATING TO TEMPORARY USE PERMITS ". ATTACHMENTS Attachment #1- Ordinance 1156, 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 Pees and Charges(with revision) Reviewed By Amy Harbin, Acting Principal Planner`* Prepared By Melecio Picazo, Redevelopment Project Coordinato 9� 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, the City Council desires 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 (6)(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; permits issued pursuant to division (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. 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 2"d day of February, 2000. Mayor Manuel L ano Ordinance No. 1156 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 19, 2000. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on February 2, 2000, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Pacheco, Gair, Garcia, Mayor Pro Tem Van Cleave and Mayor Lozano None None ►= Rosemary M. Ra irez, Ne*ty City Clerk General Business Peranits (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 hire 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: 12.1"1() 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. (13) 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 fallowing enumerated activities, without first obtaining a temporary use permit therefor, issued by the City Manager: (1) Circuses. (2) Carnivals. (3) Pairs. (4) Temporary outdoor exhibits of equip- ment, goods or merchandise. (5) Aircraft and helicopter landings and demonstrations, and parachutist demonstrations. 1(6) Christmas 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. (13) 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 having 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 ;.. Ana. Ord. 981, passed - -88) Baldwin Park - Business Regulations 110.22 FEES; EXEMP`T'IONS. A filing and investigation fee as set by resolution the City Council shall be required with each appli- Lion for a temporary use permit. No such fee shall required from an applicant who is exempt from payment of business license taxes pursuant to this Je. D3 Code, § 5.56.030) [10.23 ISSUANCE. The City Manager shall, upon proper applica- n, issue a temporary use permit if he determines Et the proposed activity can, and will, be conducted a manner compatible with the preservation of the bl €c peace, safety, health and general welfare, and 11 not be injurious or detrimental to property sated in the immediate vicinity of the proposed ration for the activity. 3 Code, § 5.56.040) [10.24 DENTAL. The City Manager shall refuse to issue a permit the activity would not be compatible with the ;s rvation of the public peace, safety or general Ifare, or if the same would be injurious or trimental to properties adjacent to, or in the ,inity of, the proposed location of the activity. 3 Code, § 5.56.050) 110.25 APPLICATION.. This subchapter shall have no application to Mats or activities which are sponsored and con - med by a school district. 3 Code, § 5.56.055) (Ord. 933, passed - -86) Y x, CHEDULE OF FEES AND UtiARGES Court Referral Program 1 - 120 Hours 121 Hours Plus Worker's Compensation Fee Dances Permit Filing and Processing Fee Safety Services Handbills Permit Filing and Processing Massage Parlors Permit Filing and Processing Fee New Employee Checks Taxicabs Certificate of Convenience and Necessity Annual 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 PAGE 3 - At-tadiment 43 20.00 25-00 50.00 ea Set by P -D. 50.00 ea 250.00 25.00 500.00 - L y 350.00 As required { As required 11 5.00 ea Businesses under 10,000 square feet $50 Businesses above 10,000 square feet $150 Permit Fling and Processing fee 10.00 1bench/yr Bench Removals by City 25.00 ea Bench Siorage by City - max, 60 days 10.001weeklea Street Banners Permit Fling and Processing Fee 50.00 ea Yard Sales Only Allowed 1st weekend of March, June, September and No Fee December Motorized Vending (Caterin.gjlce 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 Ui I r UVulmult- h5ur -IYum FEB 0 2 2000 t ITEM N0. Af-f- CITY OF BALDWIN PARK STAFF REPORT BALDWIN P -A, R, K TO: Honorable Mayor and City Councilmembers FROM: Rick Forintos, Interim Community Development Direct DATE: February 2, 2000 SUBJECT: Final City Council Approval to Close Escrow on 4137 -4141 North Maine Avenue PURPOSE The escrow with Dr. Hernandez is ready to close, and requires final City Council approval. The buyer, Dr. Hernandez is ready to close on February 3, 2000. BACKGROUNDIDISCUSSION The escrow instructions have been approved, the City Council has agreed to sell the building and approved the Housing Authority lease with Dr. Hernandez on July 7, 1999. The City Attorney has reviewed the file and we are now obligated to close escrow. FISCAL IMPACT The City's building is being sold to Dr. Hernandez which will generate a cash sale of $520,000. The Housing Authority has signed a lease for $2,560 per month or $0.80 per square foot and will be occupying a portion of the property in about 60 days. There is a Federal requirement that the proceeds from the sale be returned to the CDBG Fund in that the building was built with CDBG funding. The amount will be reprogrammed during the 2000 -01 CDBG funding process. RECOMMENDATION Staff recommends that the City Council approve the proposed sale of 4137 -4141 North Maine Avenue to Dr. Hernandez, approve the execution of all appropriate documentation in connection with the sale, and close escrow. w■ 1 ZUZ; ?A i y . i IN r � TO: FROM: DATE: INTER - OFFICE MEMORANDUM Rick Forintos, Interim Director mm VyDevelopment Rosemary Ramirez, Deputy Ci r February 4, 2000 SUBJECT: February 2, 2000 - City Council Meeting Action The following action was taken by the City Council at their meeting held February 4, 2000. • City Council approved the proposed safe of 4137 -4141 N. Avenue to Dr. Hernandez and authorized the execution of all appropriate documents in connection with the sale and close of escrow. cc: Dayle Keller, Interim Chief Executive Officer rr TO: FROM: DATE: SUBJECT: PURPOSE CITY OF BALDWIN PARK Mayor and City Council Members Dayle Keller, Interim Chef Executive Officer February 2, 2000 CITY COUNCIL AGENDA STAFF REP &P D 2 2000 Claim Rejections — KATHERINE TRAN - #99 003A and ERICA FORD #99 008A ITEM NO. This report requests that the City Council reject claims filed against the City by claimants Katherine Tran and Erica Ford. BACKGROUND In order for the statute of limitations to begin on the claims filed against the City, it is necessary for the Council to reject the claim by order of a motion and that the claimant(s) receive written notification of said action. RECOMMENDATION It is recommended that the City Council reject the claims Katherine Tran and Erica Ford and direct staff to send the appropriate notices of rejection to claimants. Report prepared by: Rosemary M. Ramirez, Deputy City Clerk i 1 k , x � Kathryn V. Tiwareno City Clerk February 7, 2000 Ms, Erica Ford 13820 Ramona Blvd., #12 Baldwin Park, CA 91706 RETURN RECEIPT REQUESTED RE: Claim Rejection Our File No. 99 008A Dear Ms. Ford: Notice is hereby given, that the claim that you presented to the City Clerk of the City of Baldwin Park on October 6, 1999, was rejected by the City Council at their meeting held February 2, 2000. WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you so choose to seek the advice of an attorney, you should do so immediately. Sincerely, Rosery"amirez Deputy City erk cc: Dayle Keller, Interim Chief Executive Officer Jose Mesa, Personnel /Risk Manager Susan Diotte- Garcia, Colen and Lee Roger Colvin, City Attorney iY OF BALDWIN PARK-1440-1 EAST PACIFIC AVFN[,F,RAiDWIN PAkK n.<7r7 t;.r /.'li.izi: -- r,..i,,,,,,,, Kathryn V. Tizcareno City Clerk February 7, 2000 Ms. Katherine Tran 3221 Vineland Ave., #61 Baldwin Park, CA 91706 RETURN RECEIPT REQUESTED RE: Claim Rejection Our File No. 99 003A Dear Ms. Tran: Notice is hereby given, that the claim that you presented to the City Clerk of the City of Baldwin Park on September 20, 1999, was rejected by the City Council at their meeting held February 2, 2000, WARNING Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you so choose to seek the advice of an attorney, you should do so immediately. Sincerely, Rosemary M. Ramirez Deputy City Clerk cc: Dayle Keller, Interim Chief Executive Officer .lose Mesa, Personnel /Risk Manager Susan Diotte- Garcia, Colen and Lee Roger Colvin, City Attorney ITY OF BALDWiNi PARK -14403 EAST PACIFIC AVIN[JE- BALE)WIN PAP K'CA,9370G' (625 )813- 5213•i:AXf6 ?6 62-262$ IR11 BALDWIN P -A•K,K CITY OF BALDWIN PARK TO: FROM: DATE: SUBJECT: CITY COUNCIL AGENDA STAFF REJ6&lr 2 2900 ITEM NO. MAYOR AND CITY COUNCIL Shafique Naiyer, Interim Director of Public Works�'� February 2, 2000 ADOPTION OF RESOLUTION NO 2000 -09 AND CONDUCT A PUBLIC HEARING TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT 99 -1 The purpose of this report is to request that the City Council adopt Resolution No. 2000 -09 establishing an Underground Utility District 99 -1 along Merced Avenue (from Big Dalton Avenue to Garvey Avenue), Big Dalton Avenue (from Merced Avenue to Garvey Avenue), Garvey Avenue (from Big Dalton Avenue to Puente Avenue) and Puente Avenue (from Garvey Avenue to Merced Avenue). BACKGROUND A public hearing is required to establish an Underground Utility District pursuant to the Baldwin Park Municipal Code. At their regular meeting of November 17, 1999, the City Council set a public hearing for February 2, 2000 to establish Underground Utility District 99 -1 along Merced Avenue (from Big Dalton Avenue to Garvey Avenue), Big Dalton Avenue (from Merced Avenue to Garvey Avenue), Garvey Avenue (from Big Dalton Avenue to Puente Avenue) and Puente Avenue (from Garvey Avenue to Merced Avenue). DISCUSSION The formation of an Underground Utility District will allow the City to utilize Rule 20A funds, which are funds to complete utility undergrounding projects as provided by Southern California Edison in conformance with Public Utility Commission (PUC) Rule No. 20A. Currently, the City's Rule 20A fund balance is $2,117,000 and it is estimated that the project will cost $980,000 and take two years to complete. Rule 20A funds pay for undergrounding of utilities within the public right -of -way and the City and Redevelopment Agency would bear any costs sustained from converting the overhead system to underground system for all properties. The cost of this conversion may range from $200 to $500 for each property. FISCAL IMPACT At present, the City of Baldwin Park has approximately $2,117,000 in Rule 20A funds and it is estimated that $980,000 of these funds will be utilized to complete this project. In addition, a combination of Redevelopment Agency's and City's General Fund in the amount of $30,000 will be utilized to convert overhead services to underground for all private properties. RECOMMENDATION It is recommended that at the conclusion of the public hearing, the City Council take the following actions: Adopt Resolution No. 200009 establishing an Underground Utility District along Merced Avenue (from Big Dalton Avenue to Garvey Avenue), Big Dalton Avenue (from Merced Avenue to Garvey Avenue), Garvey Avenue (from Big Dalton Avenue to Puente Avenue) and Puente Avenue (from Garvey Avenue to Merced Avenue); and 2. Direct staff to work with Southern California Edison Company, as well as, the affected property owners to provide assistance in completing the required meter conversion. REPORT PREPARED BY Nadeem Syed, Associate Engineer SN /NSlw c:Swpd ocslstaffrpt \stafrpt\slf02 -02. ns RESOLUTION NO. 2000 -09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 99 -1 WHEREAS, by Resolution No. 99 -90 a public hearing was called for February 2, 2000 at the hour of 7:OOPM in the Council Chambers in the City Hall, Baldwin Park, California, to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electricity, communication or similar or associated service, within those certain areas of the City of Baldwin Park, County of Los Angeles, State of California, generally described as Underground Utility District No. 99 -1 located generally along Merced Avenue (from Big Dalton Avenue to Garvey Avenue), Big Dalton Avenue (from Merced Avenue to Garvey Avenue), Garvey Avenue (from Big Dalton Avenue to Puente Avenue) and Puente Avenue (from Garvey Avenue to Merced Avenue); and WHEREAS, District 99 -1 is a Rule 20A Project; and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll and to all utilities concerned in the manner and within the time required by law, and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park, decrees that pursuant to Chapter 97.060 to 97.080 of the City of Baldwin Park Municipal Code, the area described herein is hereby declared an Underground Utility District, and is designated Underground Utility District No. 99 -1 of the City of Baldwin Park. Attached hereto and hereby incorporated as part of this Resolution, is the map marked Exhibit °A" delineating the boundaries of said District; and SECTION 2. The City Council does hereby set December of 2002 as the date in which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facility for supplying electricity, communication or similar or associated service within Underground Utility District No. 99 -1 on or before twenty -four (24) months from the date of adoption of this Resolution; and Resolution No, 2000 -09 APPROVED AND ADOPTED this 2"' day of February, 2000. 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 -09 was duly adopted by the City Council of the City of Baldwin Park and approved by the City Council at a regular meeting thereof held on February 2, 2000 and the same was adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: Pacheco, Gair, Garcia, May Pro Tern Van Cleave and Mayor Lozano None None None 3 Rosemary M. Rami Deputy City Clerk r, •j r�J I . Nil TO: FROM: DATE: INTER - OFFICE MEMORANDUM Shafique Naiyer, Interim Public Works Director Rosemary. Ramirez, Deputy City Clerk February 4, 2000 SUBJECT: February 2, 2000 -City Council Meeting 'Action The following action was taken by the City Council at their meeting held February 4, 2000. • Council adopted Resolution No. 2000 -09 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS 'INTENTION TO ESTABLISH UNDERGROUND UTILITY DISTRICT NO. 99 -1; and, directed staff to work with Southern California Edison company, as well as the affected property owners, to provide assistance in completing the required meter conversion. cc: Dayle Keller, Interim Chief Executive Officer Va WNW BALDW N PIAIR1K r CITY OF BALDWIN PARK STAFF REPORT TO: Mayor and City Council FROM: Dayle Keller, Interim CEO Rick Forintos, Interim Community Development Directo DATE: February 2, 2000 SUBJECT: Public 'Hearing to Determine City's Needs under the Consolidated Plan/ Annual Action Plan for FY 2000 - 2001 I all 0.1201M 0 This report requests the City Council to conduct a public hearing to determine the housing and community development needs of the City under the federal Consolidated PlanlAnnual Action Plan FY 2000 - 2001 (711/2000 - 613012001). BACKGROUND With the FY 1995 -96 program year (July 1, 1995 - June 30, 1996), the City will no longer have the Community Development Block Grant (CDBG) application /hearing process as we know it in the past. The City, like other cities in the United States, is now operating its programs under the Consolidated Plan. The purpose of the Consolidated Plan is to determine all the needs in the community, especially for the low and moderate income, prioritize those needs (strategize), and setup an action plan (allocate all available funds including federal funds) to meet the needs with available resources. The areas of importance are as follows: Housing Needs Homeless Needs Community Development Needs /Public Facility Needs Community Development Needs /Infrastructure Improvements Community Development Needs /Public Service Needs Community Development Needs /Accessibility Needs Community Development Needs /Historic Preservation Needs Community Development Needs /Economic Development Needs Community Development Needs /Planning Needs TO: Mayor and City Council February 2, 2000 Public Hearing to Determine City's Needs Page 2 Consolidated Plan /Annual Action Plan for FY 2000 - 2001 Other Community Development Needs Because the Consolidated Plan expires on June 30, 2000, it is necessary to write a new 5 Year Plan and develop the FY 2000 - 2001 Annual Action Plan if the City is to continue to receive federal funds from the U. S. Department of Housing and Urban Development (HUD). The funds estimated to be allocated under the FY 2000 - 2001 Annual Action Plan (71112000 - 613012001) are as follows: • Community Development Block Grant (CDBG) - -- $1,816,000 • Home Investment Partnership (Federal /HOME) -- 427,000 • HOME Matching Funds (BPRA) ----------------- - - - - -- 106,750 • FY 1999 -2000 Carry-over ------------------------- - - - - -- 650,505 (estimate) • Projected Program Income for FY 2000 - 2001 -- 200,000 (estimate) TOTAL - -- $3,200,255 (estimate) The purpose of CDBG Program is to carry out activities benefiting the low and moderate income persons and eliminate blighted conditions in the City. The HOME Program was developed to expand the supply of decent, safe, sanitary and affordable housing to very low- income and low- income. DISCUSSION This public hearing is to determine the needs of the community for the Consolidated Plan /Annual Action Plan for FY 2000 - 2001 only and no other action is requested by the City Council. Prior to tonight's hearing, the CDBG Advisory Committee held four meetings to receive public input. On February 3, 2000, with the Recreation and Community Services Commission's input, the Committee will make its final recommendation for project funding for FY 2000 - 2001. The final draft of the Consolidated Plan /Annual Action Plan will be submitted for Council approval on May 3, 2000. The final Plans will be submitted to HUD on May 15, 2000. RECOMMENDATION It is recommended that the City Council conduct the public hearing to determine the housing and community development needs of the City pursuant to federal Consolidated Plan regulations. Prepare by: Tad Mirnura r■ ., e INTER - OFFICE MEMORANDUM P - A � R- K TO: Rick Forintos, Interim Dir c o of Commu Development FROM: Rosemary Ramirez, Deput i C rk DATE: February 4, 2000 SUBJECT: February 2, 2000 - City Council Meeting Action The following action was taken by the City Council at their meeting held February 4, 2000. • Council conducted the public hearing to determine the housing and community development needs of the City pursuant to Federal Consolidated Plan Regulations. Ms. Kay Bridge of ESGV Coalition for the Homeless spoke regarding organizations proposed application for CDBG funding and asked consideration of funding in amount of $15,000.00. No action was taken. Hearing was intended to meet Federal Regulations. cc: Dayle Keller, Interim Chief Executive Officer FOR CITY COUNCIL AGENDA ITEM #2C MATERIALS, PLEASE REFER TO STUDY SESSION ITEM #IA or, BALDWIN P,A,R- K FROM: IU_It 9;$ CITY OF BALDWIN PARK Mayor and City Council CITY COUNCIL. AGENDA FEB 0 2 2000 STAFF1T8f ?AQRT%". Shafique Naiyer, Interim Director of Public Works February 2, 2000 4---- SUBJECT: NAME CHANGE OF FRAZIER STREET (BETWEEN LEDFORD STREET AND MERCED AVENUE) TO CRUZ BACA STREET 1 w. r This report requests that the City Council consider a request for a street name change from Frazier Street (between Ledford Street and Merced Avenue) to Cruz Baca Street, and set a date for a public hearing. BACKGROUND At the November 17, 1999, City Council meeting, the City Council agreed to bring back for consideration the renaming of Frazier Street to Cruz Baca Street. The renaming of the street was being proposed in recognition of the many contributions made by Mr. Cruz Baca and the Baca family. During the discussion it was stated that the purpose of renaming the street was to preserve the history of Baldwin Park for future generations. On Saturday, January 8, 2000, members of the Baca Family, Mayor Manuel Lozano, and Councilwoman Marlen Garcia walked door to door distributing fliers advising residents that the City Council would be considering the name change at a future City Council meeting. The flier provided a condensed biography of Cruz Baca. DISCUSSION Frazier Street north /south between Ledford Street and Merced Avenue, as shown on the map, is a collector street. The City code requires that the City Council consider the request and, if appropriate, set a date for a public hearing. At the public hearing, the City Council can determine whether to finalize the resolution to rename the street or abandon the proceedings. This request for street name change is a City initiated project and, therefore, it is requested that the City Council waive the $1,000 fee for the street name change. FISCAL IMPACT All work will be done by the Engineering Department. RECOMMENDATION 1. It is recommended that the City Council set a public hearing with the intention to rename Frazier Street to Cruz Baca Street for March 1, 2000, at TOOPM, or as soon thereafter as this matter can be heard, in the Council Chambers at 14403 East Pacific Avenue, Baldwin Park, CA 91706; and 2. Direct the City Clerk to publish in a local newspaper, the date set for the public hearing; and 3. Direct staff to notify all property owners along Frazier Street between Ledford Street and Merced Avenue. REPORT PREPARED BY Shafique Naiyer Interim Director of Public Works S Nlvv c: lwpdocslstaitrpt5stafrpts5stf02 -02.a f 2 ■r ■ r�J M4M P , A • R - K TO: FROM: DATE: SUBJECT: INTER-OFFICE MEMORANDUM Shaf'ique Naiyer, Interim Public Rosemary Ramirez, Deputy City February 4, 2000 February 2, 2000 - City Council Meeting Action The following action was taken by the City Council at their meeting held February 4, 2000. • City Council authorized to set a public hearing for March 1, 2000, for the purpose of considering renaming Frazier Street to Cruz Baca Street; City Clerk was directed to publish notice accordingly; and, direct was staff to notify all property owners along Frazier Street between Ledford Street and Merced Avenue. City Council also requested additional information regarding this matter as follows: Obtain historical information on Fraizer, Clark, Bresee and Los Angeles Streets; obtain costs for this project; include in resident notification correspondence, information that will advise them of the types of documents and records (i.e., Social Security) that may be subject to an address change. Also, it was suggested that Kara print street historical information in the NOVA. cc: Dayle Keller, Interim Chief Executive Officer in TO. .� FROM: DATE; CITY OF BALDWIN PARK MAYOR AND CITY COUNCIL. CITY COUNCIL AGENDA FEB ;0 2 2000 STAFF R&PhRRT .. JOSE R. SANCHEZ, INTERIM DIRECTOR OF FINANCE FEBRUARY 2, 2000 SUBJECT: STATUS OF FISCAL YEAR 1997 -98 AND 1998 -99 AUDIT BY THE CITY'S INDEPENDENT AUDIT FIRM PURPOSE: The purpose of this report is to inform the Council on the status of the annual financial statements for City and the Redevelopment Agency for the fiscal years 1997 -98 and 1998 -99. BACKGROUND. The annual financial statements for the City and Redevelopment Agency for the fiscal year 1997 -98 have not been finalized as of this date. It is customary for the financial statements to be completed within 180 days after the end of the fiscal year. The cause for the delay can be attributed to the transition and changes in staff over the last eighteen months. The work to complete the annual financial statements for the City and Redevelopment Agency for the fiscal year 1998 -99 has not yet begun. The delay is caused by the fact that the previous fiscal year has not been completed. At the City Council meeting January 19, 2000, the Council expressed their concern that the annual financial statements for above fiscal years were not yet completed and directed staff to report back at the next meeting as to the status of the statements. In addition, the Council inquired as to the termination of the existing contract for audit services and the solicitation of proposals for new auditors. Staff was also directed to examine the ramifications, if any, should the Council decide on this course of action. Since it is imperative that the annual financial reporting be brought current as soon as possible, staff was directed to review this matter and make a recommendation. I� 7 f •' i «l � I��� C i 7 r+ F The City's independent auditor Moreland & Associates prepares the annual financial statements for the city and the redevelopment agency. Moreland & Associates have performed the audit forthe past five years, beginning with fiscal year 1993 -94. On May 19, 1999, the City Council approved staff recommendation to extend the contract for audit services to include fiscal year 1998 -99. It is the opinion of staff that changing audit firms at this time would significantly delay the annual financial statements even further. The first year of an audit by new auditors requires a large degree of initial orientation. It also requires an extensive examination of the City's accounting policies, systems, procedures and becoming acquainted with the various financial transactions the city has been involved in over the past several years. To accomplish this requires a great deal of time by the auditors, as well as staff. As a result of the above considerations (ramifications), staff is not recommending that the City change audit firms until the completion of the annual financial statements for the fiscal year ending 1998 -99. Staff has been in contact with Mr. Moreland, principle of the firm, and Michelle Boardman, the audit manager, and has scheduled a meeting on .January 31, 2000. The purpose of the meeting is to discuss the completion of the 1997 -98 audits and the schedule to begin work on the 1998 -99 audits. The results of that meeting, and any subsequent meetings, will be reported to the City Council thru the weekly status report. Pursuant City Council direction, staff is in the process of developing a proposed "Request for Qualifications" (RFQ) for auditing services for the City Council's approval. The RFQ is for the purpose of soliciting proposals from qualified auditing firms to conduct the annual audit and preparation of the financial statements beginning with fiscal year 1999 -2000. It is expected that the proposed RFQ will be ready to be submitted for Council's approval the second council meeting in February 2000. RECOMMENDATION: It is recommended to the City Council: 1) Direct staff to continue to work with Moreland & Associates to complete the annual financial statements for the fiscal year ending 1997 -98. 2) Direct staff to develop a schedule to begin the work required for the completion of annual financial statements for the fiscal year ending 1998 -99. 3) Develop a proposed "Request for Qualifications" for auditing services for the fiscal year 1999 -2000, for City Council's approval. " ve t INTER- OFFICE MEMORANDUM BALDWIN i' - A � R, K TO: Jose Sanchez, Interim Finan i for FROM; Rosemary Ramirez, Deputy City DATE: February 4, 2000 SUBJECT; February 2, 2000 - City Council Meeting Action The following action was taken by the City Council at their meeting held February 4, 2000. • The item regarding the status of fiscal year 1997 -98 and 1998 -99 audit by the city's independent audit firm was continued to the adjourned meeting of February 9, 2000. cc: Dayie Keller, Interim Chief Executive Officer COMMUNITY REDEVELOPMENT AGENCY AGENDA FEB 0 2 2000 ITEM NO. -A�� REDEVELOPMENT AGENCY CITY OF BALDWIN PARK February 2, 2000 WARRANT REGISTER NO. 500 'an 25, 2000 04:24pm Page 1 Check History. Sank RA Check Dates a0 /DO /oo to 99/99/99 Check #'s 010806 to 010815 .- - ------------------------------ .------------------------------------------ - ------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3256 ALVAREZ- GLASMAN & COLVIN RA 010806 01/20/00 2,083.00 Claim# General Description 28583 PROFESSIONAL SRV DECEMBER 1999 PO# Stat Contract# Invoice# 1001 GI, Distribution 2D6- 37A -5020A 231- OOA -5020A 281- OOA -5020A Invc Dt Gross Amount 01/05/00 2,083.00 Gross Amount Description 1,148.00 DEC SRV 552.00 DEC SRV 383.00 DEC SRV Discount Amt Discount Used Net Amount 0.00 2,083.00 ------------------------- -------------------------------------------------- --------------------------- --------- -------- -- - - - -- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 139 RUOGET BOARD -LIPS RA 010807 01/20/00 325.00 'laim# General Description 28574 BOARD -UP EXPENSES 14442 GARVEY AV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 369 12/15/99 325 -00 O,pp 325.00 GL Distribution Gross Amount Description 01 /04/00 1,150.00 0.00 206 - 37A -5020A ---------------------------- 325.00 14442 GARVEY AV GL Distribution ------------------------------ Vend# Vendor Name ------------------------------------------ -- --- -------------- --- - - - -- 281- OOA -5020A -----_-°----------------------------------------------_---------------------------------_------------------------------------ Bank Check# Chk Date Check Amount Sep 4765 FELIPE RUIZ & ANA RUIZ RA 010808 01/20/00 1,150.00 'laim# General Description 28579 FIXED MOVING COST FINAL PMT 3152 BIG DALTON PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount. Amt Discount Used Net Amount 0 01 /04/00 1,150.00 0.00 1,150.00 GL Distribution Gross Amount Description 281- OOA -5020A -----_-°----------------------------------------------_---------------------------------_------------------------------------ 1,150.00 3152 BIG DALTON Vend# Vendor Name Bank Check# Chk .Date Check Amount Sep 4766 JOSE JUAN VARGAS OR BARBARA LUKASKO RA 010809 01/20/00 575.00 laim# General Description 28580 FIXED MOVING COST 3210 BIG DALTON (FINAL PMT) PO# Stat Contract# Invoice# invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/04/00 - 575.00 0.00 575.00 GL Distribution Gross Amount Description 281- 00A -5020A 575.00 3210 BIG DALTON Warrant Register No. 500 Page 2 ------------------------------------------------------------------------------------------------------------------------------------ Vend## Vendor Name Bank Check# Chk Date Check Amount Sep 1129 MR. BILL'S RA 010610 01/20/00 3.11.78 Claim# General Description 28582 SUPPLIES 20# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 99284 12/31/99 111.78 0.00 111.78 GL Distribution Gross Amount Description 0.04 155.53 206- 37A -5220A 117..78 MISC SUPPLIES -----------------------------------.--.----------___-----------------------------------"-----------------------------...--.-----'--`------ Vend# Vendor Name 312.53 SUPPLIES Bank Check# Chk Date Check Amount Sep 4767 MR. R08ERT & CONSUELD 14ERNANDEZ -'-- - ----- `------'----------------------------------------------- RA 010811 01/20/00 10,000.D0 Claim# General Description 28575 REMAINING BUSINESS RELOCATION BENEFITS 33.06 BIG DALTON PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/29/99 10,000,00 0.00 10,000.00 GL Distribution Gross Amount Description 0.04 155.53 206- - 37A - -5070A 10,000.00 3106 BIG DALTON ---..-------------------------------------------------------------------------------------------------------------------------------- Vend# Vendor Name 312.53 SUPPLIES Bank Check# Chk Date Check Amount Sep 683 NICHOLS LUMBER & HARDWARE -'-- - ----- `------'----------------------------------------------- RA 010812 01/20/00 312.53 Claim# General Description 28581 MISC SUPPLIES PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 566076 12/14/99 156.00 4100 156.04 566333 12/15/99 156.53 0.04 155.53 GL Distribution Gross Amount Description 206 - 37A- 522.0A 312.53 SUPPLIES -------- - - - --- ------------------------- -- -- --- ------ --- -'--- Vend# Vendor Name -'-- - ----- `------'----------------------------------------------- Bank Check# ---- -------- Chk Date Check Amount. Sep 758 SAN GA'BRIEL VALLEY WATER RA 010813 01/20/00 107.30 Chaim# General. Description 28577 AUTONATION REDEV AREA ACCT #1 -3- 066 - 6122 -1 -5 1 -3- 066 - 6118 -0 -4 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 01/03/04 107.30 0.00 107.30 GL Distribution Gross Amount Description 206 - 37A -5060A 107.30 AUTOMATION AREA - -- -- ----------------------------------------------------------------------------------------------- -_------------ __- ..__-- -- - -- - -- Warrant Register No. 500 Page 3 -____-__-__..------------------------------------------------------------------------------------------------ ------------------ ------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1130 THE GAS CO. RA 010814 01/20/00 92,62 Claim# General. Description 28576 .A[?TONATION REDEV AREA ACC's'# 147- 017 - 7883 -0 134- 417 - 7852 --2 PG# Stat Contract# - nvoice# 0 GL Distribution 206- 37A -5060A Invc Dt Gross Amount 01/04/00 92.82 Gross Amount Description 92.82 A7TONATION Discount Amt Discount Used Net Amount 0.00 92.82 -------------------------------------------- --- ------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount yen 828 VALLEY COMTY WATER RA 010815 01/20/00 7.41 Claim# General Description 285"78 i2EDSV AGENCY ACCT #26068 -4 PO# Stat: Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/31/99 7.41 0.00 7.41 GL Distribution Gross Amount Description 206 - 37A -5060A 7.41 REDEV AGENCY ?aid Checks: _heck Count 10 :heck Total 14,764.84 ?O Liqui.datioa Total 0.00 3ackup Withholding Total 0.00 laid Checks: :heck Count 0 :heck Total 0.00 'O Liquidation Total. 0.00 3ackup Withholding Total 0.00 COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK CA, 91706 WV1V11V1V$11 9 F 1AL-LJ1-VL.LV1 WIF-11 I AGENCY AGENDA FEB 0 2 2000 ITEM N0. DECEMBER 15, 1999 WEDNESDAY 7:00 P.M. The Community Redevelopment Agency of the City of Baldwin Park met in Regular Session at the above time and place. ROLL CALL: CERTIFICATE OF POSTING SOUTHERN CALIFORNIA PRODUCE X01 . jj&j:4jjLkjL9MA 4:1-kJ19111 Dayle Keller, Agency Secretary Present Council Members: Ricardo Pacheco, Linda Gair, Marlen Garcia Mayor Pro-Tem William "Bill" Van Cleave, and Mayor Manuel Lozano. Also Present: Arnold Alvarez-Glasman, City Attorney, Dayle Keller, Interim Chief Executive Officer; Richard LaGarra, 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. City Clerk Tizcareno presented the consent calendar as follows: Certificate of Posting for December 15, 1999 was approved. Warrant Register No. 497 was approved as presented. Agency approved in concept, the proposed open covered structure and walk-in cooler at 1414 Virginia Avenue; Applicant: Paul Tsan Lee, Southern California Produce. A motion was made to approve the Consent Calendar as presented. MOTION: Councilwoman Gair SECOND: Councilman Van Cleave Motion carried. There being no further matters to be discussed, meeting was adjourned at 10:40 p.m. Approved as presented by the Agency at their meeting held February 2, 2000. Rosemary M. Ramirez, Deputy City Clerk COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK CA, 91705 JANUARY 5, 2000 WEDNESDAY 7:00 P.M. The Community Redevelopment Agency 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. Arnold Alvarez- Glasman, City Attorney, Dayle Keller, Interim Chief Executive Officer; Richard LaGarra, 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: CERTIFICATE OF POSTING Certificate of Posting for January 5, 2000, was approved. WARRANT REGISTER NO. 498 Warrant Register No. 498 was approved as presented. APPLICATION FOR HUD Agency Board approved the proposed Revitalization REVITALIZATION ZONE Zone and Application CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as presented. MOTION: Member Gair SECOND: Member Van Cleave Motion carried. ADJOURN There being no further matters to be discussed, meeting was adjourned at 9:42 p.m. Dayle Keller, Agency Secretary Approved as presented by the Agency at their meeting held February 2, 2000. Rosemary M. Ramirez, Deputy City Clerk ly" m- --m ol FW" . .Yj%j UV .5 'i MATERIALS, t am t t 1 1 INN KI 11 BALI]WIN P A•R - K TO: N 6 1 DATE: SUBJECT: TY OF BALDWIN P. ST, AGENCY AGENDA FEB 0 2 ?000 FTEM NO. -5 fop Redevelopment Agency Board 4,_,. Rick Forintos Interim Director of Community Developmen February 2, 2000 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. This report was brought to City Council on the Consent Calendar for the January 19th City Council Meeting. At that time, it was requested that the report be continued to the next meeting. C: 1SaivadoriConceptua[PR99- 07.doc IRI, CITY OF BALDWIN PARK STAFF REPORT BA�.DW1N P..,... A R K TO: Redevelopment Agency Board FROM: Rick Forintos, Interim Director of Community Developmen�f 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. BACKGROUND/DISCUSSION 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 2' /z 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:\Salvador\Conceptval P R99- 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 and elevations Report reviewed and approved by: Amy Harbin, Acting Principal Planner Report prepared by: Salvador Lopez Jr., Planning Technician 1 349 s 4315 4 4303 ........... 4249 I 14526 4243 4242 73 {4'7 1 b238 4236 71 1 441 144�M 14496 14800 14520 4237 4231 4235 4232 4227 4228 4223 4220 4222 4219 4218 4215 30 4216 4214 I kW5 4212 4209 42(18 4206 4203 4202 ....__..._.. ....... ._ 4155 4202 4147 - 4148 4142 4156 } 4137 4150 4139 41 4144 4133 14433 4140 4129 14407 4134 4123 4117 4 1 3 0 i 0 Sulbject P. ropte-rty PLANNING Vicinity Map CASE NO.: PR 99 -07R N ADDRESS: 4213 Downing .Ave. Date: February 2, 2000 Not to Scale � r f� \ � �)} { \� f¥� SS! !_. � § } ( i § �§ } � §[ } / . . \ � k §f} f �r }\ - ) \:j#} \ \j(( S 5 � � � n 1p 7H 9 4 P Y N� 1 W : RITIJA P - A - R - K TO: FROM: DATE: Rick Forintos, Interim Rosemary Ramirez, De February 4, 2000 INTER-OFFICE MEMORANDUM nity elopment SUBJECT: February 2, 2000 -City Council Meeting Action The following action was taken by the City Council at their meeting held February 4, 2000. • The matter regarding the conceptual approval of a multi family development 4 -Unit (two duplex units) within Sierra Vista Redevelopment Project Area — Location: 4213 Downing Street, Applicant: Z. Sun Associates, Inc., was referred back to staff to see if applicant is interested in configuring plan to detached type homes. cc: Dayle Keller, Interim Chief Executive Officer