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Home My WebLink About1999 12 01 CCAGENDA FOR THE STUDY SESSION OF THE CITY OF BALDWIN PARK CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY DECEMBER 1, 1999 6:00 P.M. 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 desee hablar acerca de cualquier tame, por favor, pase adelante durante Communicacion Oral. Un interprete estara presente. 1. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION GC 54957 Title: Finance Director B. CONFERENCE WITH LABOR NEGOTIATORS GC 54957.6 Agency Negotiator: Jim Hathaway, Finance Director Employee Organization(s): SEIU; Professional and Technical Employees; Police Management Employees; Confidential Employees; and General Management Employees C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR GC 54956.8 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 Parties: Agency Negotiating with Staubach /Cypress, LLP Agency Negotiators: Dayie Keller and Arnold Alvarez- Glasman Under Negotiation: Terms and Conditions of Disposition and Development Agreement 2. ADJOURN Agenda -- December 1, 1999 Page 2 AGENDA FOR THE REGULAR MEETING OF THE CITY OF BALDWIN PARK CITY COUNCIL COMMUNITY REDEVELOPMENT AGENCY DECEMBER 1, 1999 7.00 P.M. COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CALIFORNIA 91706 lndWduali are invited and welcome to participate in public comment periods provided during the course of the meetings of the City Cauncif/Redeveloptnbnt Agency Hbwever, disturbances of Co until /Agency m.eeiings will :not%etolerated and are punishable as.a r»isdemear2:ar; tPenal Cade §a3j A. CALL TO ORDER B. INVOCATION C. PLEDGE OF ALLEGIANCE D. ROLL CALL: Councilmembers: Ricardo Pacheco, Linda Gair, Mayor Pro Tern William "Bill" Van Cleave, Counciimember -elect Marlen Garcia, and Mayor Manuel Lozano E. PROCLAMATIONSICOMMENDATIONS /PRESENTATIONS • Award of Merit presented to Officer Hemmingway for his attention to duty that lead to the arrest of suspects who were involved in a take over robbery at Denny's Restaurant and, presentation of Certificates of Commendation to the officers who backed up Officer Hemmingway • Introduction of newly appointed police officers, Donna Crow and David Campa • Certificates of Achievement presented to Oscar Gomez, Carlos Fernandez, and Todd McAvoy for their dedicated service to the Baldwin Park Police Department's Explorer Program Agenda — December 1, 1999 Page 3 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 0 Concilio acerca de cualquier tema, por favor pase adelante durante Communicacion Oral. Un interprete estara presente. CITY COUNCIL 1. CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event, the item will be removed from the General Order of Business and considered in its normal sequence on the Agenda. • Approval of Certificate of Posting for December 1, 1999 A. APPROVAL OF MINUTES — September 11, September 15, September 29, October 6, October 20, October 27, November 3, November 17, 1999 Recommendation: Approve. B. CLAIMS AND DEMANDS Recommendation: Waive further reading and adopt Resolution No. 99 -92 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK ". Mayor Pro -Tern Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of interest). C. CLAIM REJECTION — THERESA YRIGOYEN Recommendation: City Council reject the claims of Theresa Yrigoyen (99 002A) and direct staff to send the appropriate notice of rejection to claimant. D. APPROVAL OF DESIGN AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF 1999/2000 CDBG FUNDED SIDEWALK PROJECT, CIP 863 Recommendation: Approve the design and authorize staff to advertise and solicit bids for the construction of this project. E. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE INSTALLATION OF A NEW TRAFFIC SIGNAL AT CLARK STREET AND BALDWIN PARK BOULEVARD CIP 853 Recommendation: Approve the plans and specification for the installation of a new traffic signal at the intersection of Clark Street and Baldwin Park Boulevard and authorize staff to advertise and solicit bids for this project. F. RESOLUTION 99 -93 IN SUPPORT OF HR910 — SAN GABRIEL BASIN WATER QUALITY INITIATIVE Recommendation: Waive further reading and adopt Resolution No. 99 -93 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS SUPPORT OF THE SAN GABRIEL BASIN DRINKING WATER INITIATIVE, HR 910 ". Agenda -- December 1, 1999 Page 4 G. REQUEST BUDGET AMENDMENT TO FUND 137 Recommendation: Authorize the Finance Director to make the appropriate amendment to Funs! 137 line item 137.28.5745 in the amount of $80,677 and offset the revenue line 137.00.1000 in the same amount. 2. SET MATTERS -PUBLIC HEARINGS (7:o0P.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, INTERIM ORDINANCE NO. 1151 REGARDING ACCUPRESSURE SPA/MASSAGE PARLOR MORATORIUM Recommendation: Conduct public hearing and adopt an Interim Ordinance No. 1151 entitled, "AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXTENDING THE MORATORIUM ESTABLISHED BY ORDINANCE NO, 1050 ON THE APPROVAL OF PERMITS AND /OR LICENSES FOR THE ESTABLISHMENT AND /OR THE EXPANSION OF ACUPRESSURE OR OTHER SIMILAR RELATED ENTERPRISES OR BUSINESSES OR USES IN THE CITY', read by title only and waive further reading thereof. B. URGENCY ORDINANCE NO. 1152 REGARDING THE SOLICITATION OF BUSINESS EMPLOYMENT AND CONTRIBUTIONS WITHIN THE PUBLIC RIGHT OF WAY AND COMMERCIAL PARKING AREAS — DAY LABORER Recommendation: Conduct public hearing and adopt Urgency Ordinance No. 1152 entitled, "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 9, CHAPTER 97 (STREETS, SIDEWALKS AND PUBLIC PLACES) BY ADDING SECTIONS 97.135 THROUGH 97.138 TO THE MUNICIPAL CODE, RELATING TO THE SOLICITATION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS WITHIN THE PUBLIC RIGHT -OF -WAY AND COMMERCIAL PARKING AREAS ", read by title only and waive further reading thereof. C. ORDINANCE NO. 1153 RELATING TO THE SOLICITATION OF BUSINESS EMPLOYMENT AND CONTRIBUTIONS WITHIN THE PUBLIC RIGHT OF WAY AND COMMERCIAL PARKING AREAS Recommendation: Conduct public hearing and introduce for first reading, Ordinance No. 1153 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 9, CHAPTER 97 (STREETS, SIDEWALKS AND PUBLIC PLACES) BY ADDING SECTIONS 97.135 THROUGH 97.138 TO THE MUNICIPAL CODE, RELATING TO THE SOLICITATION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS WITHIN THE PUBLIC RIGHT -OF -WAY AND COMMERCIAL PARKING AREAS', read by title only and waive further reading thereof. D. JOINT 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 MULTI HOUSING GROUP INC. FOR A 56 UNIT SENIOR HOUSING PROJECT (continued from November 17,1999) Recommendation: Conduct public hearing and waive further reading and adopt Resolution No. 99 -94 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK Agenda -- December 1, 1999 Page 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 THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433. 3. REPORTS OF OFFICERS, COMMISSIONS, AND COMMITTEES A. TRANSPORTATION SERVICES — FIVE -YEAR PLAN Recommendation: Review and comment on the plan presented by city staff, accept service recommendations of the plan, and direct staff on the funding of these programs. B. SAN GABRIEL TRANSIT CONTRACT FOR THE OPERATION OF TRANSIT SERVICES Recommendation: Either authorize staff to 1) enter into negotiations for a two -year extension of their current contract beginning July 1, 2000; or 2) authorize staff to solicit bids for a five -year contract to operate the City's transit services effective July 1, 2000. C. APPROVAL OF AGREEMENT WITH COUNTY OF LOS ANGELES FOR THE RENOVATION OF SITYRE PARK Recommendation: Approve the Grant Agreement with the County of Los Angeles for the funding in an amount of $400,000 for use in the completion and renovation of Shyre Park. 4. COUNCILISTAFF REQUESTS AND COMMUNICATIONS 5. CLOSED SESSION 6. ADJOURN COMMUNITY REDEVELOPMENT AGENCY 1. CONSENT CALENDAR All items listed are considered to be routine business by the Agency and will be approved with one motion. There will be no separate discussion of these items unless an Agency Member so requests, in which event, the item will be removed from the General Order of Business and considered in its normal sequence on the Agenda. • Approval of Certificate of Posting December 1, 1999 A. APPROVAL OF MINUTES — September 15, October 6, October 20, November 3, November 17. 1999 Recommendation: Approve B. WARRANT REGISTER NO. 496 Recommendation: Approve warrant Register No. 496 C. ROBERT LEA AND ASSOCIATES PROPOSAL Recommendation: Authorize the Executive Director to execute the Lea and Associates proposal in an amount of $40,000 for appraisal services. Agenda — December 1, 1999 Page 6 2. SET MATTERS -PUBLIC HEARINGS (7-oo P.M. or as soon thereafteras 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. .JOINT 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 MULTI HOUSING GROUP INC. FOR A 56 UNIT SENIOR HOUSING PROJECT (Continued from November 17, 1999) Recommendation: Conduct public hearing and waive further reading 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 THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433. 3. REPORTS OF OFFICERS COMMISSIONS AND COMMITTEES A. REQUEST FOR CONTINUANCE BY THE REDEVELOPMENT AGENCY FOR A PROPOSED WATER VENDING MACHINE LOCATED IN THE PARKING LOT OF TACO READY RESTAURANT, LOCATION: 13621 FRANCISQUITO AVENUE: APPLICANT: JOE GARRETT REPRESENTING WATERMILL EXPRESS Recommendation: Continue conceptual review of this project to allow additional time for completion of the new drawings. 4. AGENCY /STAFF REQUESTS AND COMMUNICATIONS 5. CLOSED SESSION 6. ADJOURN CERTIFICATE OF POSTING 1, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the City lull bulletin board not less than 72 hours prior to the meeting. Dated this 241h day of November, 1999. 4 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 1)). ARNO�O �, ALVAra�X.O LAA µAty COLVIN 0AEIgQhY A. QoCiMa W ILi,tAM A, vALL1„Jo6 JOANNA 0 APRI CA I 'GkAtL J, CYApejl I3i11 Saltzman 14325 Garvey Avenue Baldwin Parks CA 91706 w - TCANrYb AT LAW A00 CAUT wCVCA"', W, 'LKVAxu acco„a rLoo, asorr-�`�+�i -aJol G.t x- x�p�'4r� u4a�o TLLrwr-IONC I7$91 7;7_0071, P, AC16111LC 43,171 7AY -GYS716 October 7, 1999 Re: Relocation Assistance for Ccrtain Garvey Avenue Tenants Dcar Mr, Saltzman: "� 0' '170U-4CL JAMCS MAAJIL CA3a;0 1'l asc accept this let#e-r as a follow -up co t c oanversabon hetw= Rick Forintos, you, and me rcgaxd.ing the .Baldwin Park �dev6loprz�t Agency's (,AFejAcy ") rclocail� assistyu, a to some Of your tenants on Garvey Avenue. After review and inter dl,s(Mssiorz, the Agency. � will agTcemezot to pay rye rent fox the units at 14327 Gaavcy Men= and 14331 Carve ve at rent char ed to the czrrtnt and revjp txt Additotzail if Y Braxc le moves out Of tho unit at 14329 ifx Gar -Vey Av =ue, the Agent vril.1 a bra Y, the lessee at that wit as well. Y g tc3 b The Agency's agre_ to Pay any rte is subi't to YOUr Cron of a release, wh eizt you WTI release the City, Redevelopz nt Agcy end Housing Authority of all liability arising oUt of the acdOm of CityJAgeraryfl-Iousing Aurhority rsomcl rclati to ajoge units. AriditzoIlY, Y y not rctrt the u�is toyonc else w� the A and you mucl �, y is renting, the Units P}' Cicy /Ag=yll-Iousitzg Authority duria the e Agency rents tine uzzits . Tte f0mg0ing ; "CS dIC extc= of the Agency's that yQU claim. eta agency �v111 evali any oter of lost onoa ccesb case basis, Y Plcaze cant act Rick For'ntns or nae if tM foregoiag is acceptable with yolr. If so, I will prcpaxe a relcast for your sigmture, JULIA MCNEIL SENIOR CENTER 4100 BALDWIN PARK BOULEVARD BALDWIN PARK, CA 91706 CITY COUNCIL AGENDA DEC 1 1999 ITEM NO. SEPTEMBER 11, 1999 SATURDAY 9:00 a.m. The CITY COUNCIL of the City of Baldwin Park met in Special session at the above time and place. ROLL CALL Present: Councilmembers: Linda Gair, Mayor Pro -Tem William "Bill" Van Cleave, and Mayor Mandel Lozano. Also Present: Richard A. LeGarra, Chief of Police; Steve Cervantes, Director of Community Development; and Ralph Nunez, Director of Recreation and Community Services TOWN HALL MEETING TO DISCUSS SAFETY ISSUES CONCERNS WITH PUBLIC SAFETY ISSUES Mayor Lozano thanked all of the City law enforcement officers and school district police officers for being present. He, also thanked all those present who took time from their schedules to be here today. Together, we will address and resolve some of the issues we are currently facing in the city. He also acknowledged the presence of Mayor Pro -tem Bill Van Cleave, Councilwoman Linda Gair and Recreation and Community Services Director, Ralph Nunez. Mayor Lozano feels that this is a great opportunity and a big step forward for the city. We are beginning to see change with all of the new redevelopment that is going on within the city. The reason we are having this meeting is to address certain crime - related issues within the city. The city of Baldwin Park is a community...a family. This is a time for all of us to work together to begin a process to make changes. It is the City Council's obligation to make sure the City of Baldwin Park is safe. Mayor Lozano also stated that he has zero tolerance for any type of violence or crime. He will go to the fullest extent of the law against anyone who commits a crime in the city of Baldwin Park. It is unacceptable for anyone to have to live in fear or in intimidation. That is why we are here today to let you know, that along with law enforcement, we are going to work together to resolve these issues. I will not let any gang leaders or drug dealers tell us how to run our city. He believes it's wrong to blame the Police Department or the schools. He feels that it all starts at home. He would also like to get together with the police officers from the school district and the city of Baldwin Park, and having a series of different in services programs that would help those that need the help. Gang members present a threat to innocent individuals. City Council Minutes — September 11, 1999 CRIME RATE LOWERING IN THE CITY OF BALDWIN PARK COMMENTS FROM MAYOR PRO TEM VAN CLEAVE COUNCILWOMAN GAIR'S COMMENTS Page 2 We need to have more residents participating. Baldwin Park has 76,000 residents and there should be more people here today. There was a survey taken on teenagers between the ages of 13 -19 years old. There are 30- 36,000 teenagers in that age group. 640 of those teenagers are gang members 40 of those are considered hardcore. The vast majority of our kids are good kids, because of the number of programs that the police department has to offer. When you ask a person about Baldwin Park, they always say it's a horrible city - they have a lot of gangs and crime. When in reality Baldwin Park has a lot to offer its residents for example, we have the biggest football team in the San Gabriel Valley. We also have the concerts in the park where people from all over. Mayor Lozano stated that he jogs late at night and he feels comfortable. But, when he goes to resident's homes and he hears that they don't come out of their house because people are intimidating them. Or because there are gang members out there or drug dealers this is not acceptable in the City of Baldwin Park. There's 6.7 square miles in the City of Baldwin Park with about 75- 76,000 people. We have 76 police officers that patrol this whole area I personally think that's not enough, hopefully someday we will be able to increase that amount. However, you as residents need to get involved to reach a solution to resolve this criminal element that has affected us. This city is progressing in so many ways we are here to work together. Chief LeGarra stated that in the last six years the crime rate in Baldwin Park has gone down 50 %. He also stated that school safety is a big issue and he insured that the police department is working with the school district to ensure their safety. Mayor Pro -Tem Van Cleave stated that getting involved is very important. He thanked the officers and the audience members that are here today. It is important that you call the police to let them when there is something is going on in your neighborhood. Participation is very important on your part as a resident. Council member Linda Gair thanked everyone for being present. She stated that we have to take back our community. If you are going to feel threatened you need to get involved. Get to know your neighbors because helping each other is the only way we can resolve this problem. We need to stand up to these City Council Minutes — September 11, 1999 COMMENTS ON PARTICIPATION FROM THE CITY ABOUT CRIME ISSUES Page 3 gang members and show them that we are not going to tolerate this anymore. Steve Cervantes — wanted to let everyone know that he appreciates all the people that showed up. He is happy to see that those here are taking a stand. We need to work together we need to get involved. PUBLIC COMMENTS RESIDENT CONCERNS An audience member stated that she is a teacher and she teaches her students to be happy with themselves for who they are. She also tries to instill in her students to get along with each other as we should do with our neighbors. We should get to know are neighbors, instill pride that you care. if we do this can respect each other and they will have confidence. David Veda, a 16 year resident, feels that kids are being segregated at schools according to the gangs that they belong to. His Son was part of this at North Park, and he stated that it ruins their lives. He says there is a lot of problems with shootings in his neighborhood. He also stated that the police interrogate the victims rather then chasing after the criminals. Marten Garcia, resident, stated that it is not the responsibility of the police department and schools. As parents we need to keep an eye on our children. Get involved with your child's activities. It all starts at home with the parents not anyone else. An audience member who is a volunteer at Tracy school and a resident stated that we need to take away the attention that gang members are receiving. We highlight these gang members and by doing so, we give them the status that they are seeking. We have good kids who deserve to be recognized for their achievements. We need to reflect more on the positive aspects of the community. It's wrong that certain schools have dress codes because, students should be able to express themselves. When we say that certain clothing is gang related we are giving them more attention. Margarita Vargas, a 21 year resident, stated that we need to reward the good kids of Baldwin Park because the majority of our kids are good. She also said that there are to many programs offered for gang members and kids that get in trouble. There should be more programs offered for our good kids. City Council Minutes — September 11, 1999 INFORMATION ON NEIGHBORHOOD WATCH PROGRAM Page 4 Larry Walton, a 20 year resident, and his wife is a 40 year resident. He commended the Police department and School police for doing an outstanding job. He is proud to live in Baldwin Park. He also believes that we need to stop isolating police officers because they put their lives on the line everyday for us. Officer Martinez, has been assigned the Neighborhood Watch Program. She has flyers and information about this program. She assured everyone that if they had any questions or concerns about the program that they could contact her or a representative. Spanish speakers are also available to assist the callers. The purpose of this program is to take action on crimes in the city. Also to let you know more about the program and things you can do to prevent them. Resident, (name unknown), expressed concern with the speed vehicles are travelling around Tracy Elementary. He suggested installation of speed bumps. There is also a motel behind his house on Garvey. And around 3 or 4 o'clock in the morning there are people from the motel jumping his fence and breaking into cars. Chief LeGarra asked the resident that there is a motorcycle officer that he will send out there. Resident, (name unknown), expressed concerned with traffic on Vineland and Merced, no one is they're monitoring and there are two schools nearby. Chief LeGarra assured her that they would get a school police out there. An Ohio Street resident, (name unknown), stated that there are cars that speed down her street at 45 -50 mph. She would like someone to look into it. Resident (name unknown), would like to know if there is something that can be done about the traffic on west Los Angeles Street. There is a school and people travel at 50 to 60 mph. He is concerned with the children's safety. An Athol Street Resident, (name unknown), expressed concerned because the cars coming from Foster Street and South Athol do not stop. Resident would like to know if something could be done. Chief LeGarra reassured the resident that he would bring this to the attention of the Public Works City Council Minutes — September 11, 1999 Page 5 Department. Also they will make sure that there is not a problem with the speed bumps in the street. Alicia Quineros, resident, is concerned with the rock quarries. People cause a lot of commotion. Chief LeGarra let the resident know that the property was part of Irwindale. However, they will talk to the Mayor and the Chief of Police in Irwindale. Martha Flores, an Athol Street resident, is concerned with the shootings going on. Resident, (name unknown), would like to know if the signals on Ramona in the early morning are synchronized. Director Cervantes responded that staff is aware of the situation and they are looking into adding another lane. Mariana, a Corak Street resident, is worried about the parties that they have on Athol and then end up on Corak. Rick Padilla, a 33 year resident, would like to know if they can do anything about the jaywalking going on in front of the Post Office. He suggested moving the crossing signal that is on the corner to the front of the Post Office. An Athol Street resident, (name unknown), is here as part of the Neighborhood Watch Program. She recognizes a lot of people from her neighborhood that is present tonight. She would like to let them know that it is a good time to get involved. There was no one else wishing to speak. Mayor Lozano thanked all who were present and encouraged all those in attendance to take an active role and interest in their neighborhoods. Meeting was adjourned at 11:00 a.m. Approved as by the City Council at their meeting held .1999. Rosemary M. Ramirez Deputy City Clerk COUNCIL CHAMBER 94403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 SEPTEMBER 15, 1999 WEDNESDAY 7:00 P.M. The City Council of the City of Baldwin Park met in regular session at the above time and place. ROLL CALL: Present Council Members: Ricardo Pacheco, Linda Gair, Mayor Pro -Tem William "Bill" Van Cleave, and Mayor Manuel Lozano. Also Present: Arnold Alvarez- Glasman, City Attorney; Richard LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Steve Cervantes, Director of Community Development; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro, City Treasurer; and Kathryn V. Tizcareno, City Clerk. PROCLAMATIONS ICOMMENDATIONSIPRESENTAIONS DISTINGUISHED SERVICE Mayor Lozano was joined by the Council in presenting AWARD — LAWARENCE ONAGA a distinguished service award to City Planner Lawarence Onaga, for his 15 years of service to the City of Baldwin Park. Mr. Onaga has accepted a position with the City of Azusa. The Council expressed their appreciation to Mr. Onaga for the professionalism, dedication and expertise that he brought to this organization during his tenure with the City and wished him well in his future endeavors. CERTIFICATE OF Mayor Lozano, joined by the City Council, presented ACHIEVEMENT AWARDS each of the summer youth employment program PRESENTED TO SUMMER participants with a Certificate of Achievement and YOUTH PARTICIPANTS thanked the students for the assistance they provided to city departments respectively. SERVICE AWARD Mayor Lozano, presented an award to former Housing PRESENTED TO MARINA Commissioner Mariana Lake for her dedicated service LAKE to the community. CERTIFICATE OF Mayor Lozano presented Certificates of Achievement ACHIEVEMENT AWARD to all the consortium students who participated in the PRESENTATION TO summer youth employment program. CONSORTIUM PARTICIPANTS PUBLIC COMMUNICATIONS CONCERN REGARDING Pete Perry, 2925 E. Blueridge Ave., Duarte, stated that COOKS TRAILER PARK for the last six months, he has attempted to contact the Planning Department to establish a definitive date to address the Planning Commission (as allowed in Resolution PC 95 -6 dated April 6, 1995). He would also like to know why there are rumors going around that Cooks Trailer Park is being closed. City Council Minutes -- September 15, 1999 CONGRESSMEN MATTHEW MARTINEZ' OFFICE ANNOUCMENTS COMPLAINT ABOUT STREET SWEEPING SERVICES COMPLAINTS CONCERNING ATHENS DISPOSAL. COMPANY Page 2 Mayor Lozano asked Steve Cervantes to look into this issue and report back. Lance Warren, resident, is concerned about the trailer park staying open because many of the people who live there are elderly, senior citizens on a fixed income or disabled, etc. and cannot afford to live there. Mr. Macy, Cook's Trailer Park Manager, asked the City Council for their consideration to leave the trailer park open. Mr. Amos, resident at Cooks Trailer Park, is asking for Council support to keep the trailer park open. City Attorney Alvarez- Glasman advised the residents of the trailer park that he will review this matter and provide a written report to Council. Director Cervantes stated that a study session will be held in mid October to discuss trailer park issues and legal options. Mayor Lozano assured the members of the audience that this matter is of importance to the City Council and a meeting will be scheduled which will include residents and trailer park owners. Patricia Lopez. of Congressmen Matthew Martinez' office announced that the Congressman's office is available to all constituents that have any kind of problems or concerns. Ms. Lopez announced an upcoming seminar for College Students on October 9, 1999 at the East Los Angeles College. John Hybarger, resident, expressed concern about the street sweeping services and the problems it will cause since the street is the only parking area available where he lives. Pilar Arellano, an employee of Athens Recycling, is here tonight asking for Council support. Athen's Disposal is supposed to be a Recycling Company however they are disposing hospital trash, that includes items such as human organs, syringes, medical papers etc. Employees are expected to manually separate through the rubbish and are not protected in any way from contamination etc. City Council Minutes — September 15, 1999 PUBLIC SAFETY AWARWNESS MEETING DAN HIGGENBOTHAM CONGRATULATED ANNUAL COMMUNITY DINNER TRIFFIC LIGHT REQUEST - CHANNINGIPUENTE STREETS PARKING PROBLEMS STREET VENDORS ENFORCED Page 3 Fifteen employees were fired and 150 employees are soon going to be out of work. They have contacted Labor Commission and Fair Housing. The Labor Commission advised them to ask the City Council for help with this matter. Ms. Arellano displayed photograhs of the alleged violations. Ms. Minerova, is a former employee of Athen's Disposal Company, she was fired because she was going to join the union. She further stated that employees are made to have contact with dangerous chemicals, dead animals, syringes and other infected materials. Martha (inaudible last name ), is a former employee of Athens Recycling. She claims she was fired because she tried to join the union. She stated that she now has a vision impairment due to the toxic waste materials she had been exposed to during her employment with Athens. Isabel Martinez, a former employee of Athens, stated that she also was fired because she tried to join the union. She asked for City Council guidance and support on this matter. Recognizing that Athens Disposal is located outside of the City of Baldwin Park's jurisdiction, Mayor Lozano expressed concern about these issues and referred this matter to City Attorney Alvarez- Glasman for review. Larry Walton, resident, thanked the Chief of Police for coordinating and holding the recent public awareness meeting at the community center. Larry Walton congratulated Captain Dan Higginbotham on his new position as Chief of Police in Murietta. Larry Walton invited everyone to attend the Fifth Annual Community Dinner. Due to an increase in traffic flow, Larry Walton asked the City Council to consider installing a traffic signal at the intersection of Channing and Puente Streets. Maria Sanchez, resident since 1966, expressed concern about the parking in front of her apartment complex and asked why vehicles were not being ticketed. Maria Sanchez, asked if the illegal street vendors are being enforced. City Council Minutes — September 15, 1999 CERTIFICATE OF POSTING APPROVAL OF MINUTES CLAIMS AND DEMANDS CLASSIFICATION PLAN AMENDMENT SALARY PLAN AMENDMENT RALPH NUNEZ — INTERIM CHIEF EXECUTIVE OFFICER AGREEMENT Page 4 Dan Trunco, resident stated that it is a crime for street vendors to sell products that can get people sick. It is unsanitary for street vendors to have food products available from their carts. Mayor Lozano stated for the record, that he does not support street vendors. He does not want the City to reflect an image that street vendors are allowed and Code Enforcement is, and will continue to enforce these violations. CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows: Certificate of Posting for September 15, 1999, was approved. The minutes of July 21, 1999, were approved as presented. Further reading was waived and Resolution No. 99 -78 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" was adopted. Mayor Pro -Tern Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of interest). Further reading was waived and Resolution No. 99 -76 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 99-65 A CLASSIFICATION PLAN FOR THE CITY'S CLASSIFIED AND UNCLASSIFIED POSITIONS" was adopted. Further reading was waived and Resolution No. 99 -77 entitled, "A RESOLUTION OF THE CTY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING RESOLUTION 99 -64 A BASIC SALLARY PLAN FOR THE EMPLOYEES OF THE CITY OF BALDWIN PARK" was adopted. Amendment No. 1 to the employment agreement of Ralph Nunez (while he serves as Interim Chief Executive Officer) was approved and Mayor was authorized to execute the agreement. City Council Minutes — September 16, 1999 ADOPT RESOLUTION AND SET PUBLIC HEARING FOR THE VACATION OF THE ALLEY BETWEEN FRANCISQUITO AND CORAK AWARD OF CONTRACT FOR THE CONSTRUCTION OF FY 1999/2000 GAS TAX STREET IMPROVEMENTS CIP 850A BOGART AVENUE STREET IMPROVEMENT ASSESSMENT DISTRICT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT CONSENT CALENDAR APPROVED AMEND ORDINANCE 1131 RELATING TO THE PROVISIONS FOR THE POSITION Page 5 Further reading was waived and Resolution No. 99 -63 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION TO VACATE AN ALLEY LOCATED BETWEEN CORAK STREET AND FRANCISQUITO AVENUE (99 -V -2)" was adopted. November 17, 1999 was set as the date to conduct the Public Hearing. A contract in the amount of $310,696.05 was awarded to Gentry Brothers for the construction of 1999 -2000 Gas Tax Street Improvements Project, CIP 850A. The Mayor was authorized to execute the agreement and the City Engineer was authorized to execute any necessary change orders in an amount not to exceed ten percent (10 %) of the original contract amount. Council authorized the formation of Bogart Avenue Improvement Assessment District and appropriated $30,000 of non- committed Gas Tax funds for the preparation of the Engineer's Report. Further reading was waived and Resolution No. 99 -79 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS PROPOSED ASSESSMENT DISTRICT 99 -1" was adopted. The consolidated Annual Performance and Evaluation Report for FY 1998 -99, 24th Year Community Development Block Grant (CDBG) Program and Home program was approved. A motion was made to approve the consent calendar as presented. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. A motion was made to introduce Ordinance No. 1146 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK CODE OF ORDINANCES SECTION 31.03 RELATING TO THE DUTIES OF THE CHIEF EXECUTIVE OFFICER ( "CEO ") on first reading, reading by title only and waiving further reading thereof. MOTION: Councilwoman Gair SECOND: Mayor Pro Tern Van Cleave Motion carried. City Council Minutes — September 15, 1995 COUNCILISTAFF REQUESTS AND COMMUNICATIONS TRAFFIC STUDY — PUENTEICHANNING STREET DEDICATION ATHENS' EMPLOYEES ACKNOWLEDGED COOKS TRAILER PARK BUSINESS LOAN PROGRAM TELACU SENIOR HOUSING PROJECT RAMONA & MERCED INTERSECTION PUBLIC SAFETY ISSUE — TOWNHALL MEETING Page 6 Councilman Pacheco requested staff to look into the public comment issue made earlier this evening regarding installation of a traffic light at the intersection of Puente and Channing Streets, Councilman Pacheco asked the status of the petition being circulated by residents to have their street dedicated. Councilman Pacheco thanked the individuals who were present this evening and who spoke about the concerns at the Athens Disposal site. He further stated that the facility is not located within the City of Baldwin Park nor does the City have an existing contract for service with Athens Disposal. Councilman Pacheco suggested to the individuals, that they contact other regulatory agencies about these issues. Mayor Pro Tem Van Cleave expressed concern with the December 31St deadline for tenants to vacate the trailer park. He would like to start working on a resolution to this matter. Mayor Pro Tem Van Cleave recommended that we move forward with this program and feels that business should not be kept waiting for their loans to be, processed. Councilman Pacheco concurred with Mayor Pro Tem Van Cleave. Councilman Pacheco has received numerous inquiries as to the availability of the senior housing on the corner of Monterey Street and Ramona Boulevard. Councilman Pacheco asked staff to contact the developer of the project with a request to post a sign on the site that includes the company name and contact phone number for interested persons to call regarding application process, availability, etc. Mayor Lozano has received written correspondence from residents who live on the south side of Ramona Boulevard and Merced Avenue, requesting consideration of the installation of a turn signal at this intersection. This matter was referred to staff for review and handling. Mayor Lozano made reference to the Town Hall meeting held on September 11th at the Julia McNeil Senior Center, to discuss public safety issues. Mayor Lozano emphasized that the City of Baldwin Park will maintain its position of zero tolerance towards drug dealers and gang member related crimes. City Council Minutes — September 15, 1999 BLUE & GOLD BOXING TOURNAMENT BALDWIN PARK BEAUTIFUL BALDWIN PARK ANNUAL PARADE ADJOURNMENT Page 7 Councilwoman Gair commended Ralph Nunez and his staff for the outstanding job they did in coordinating the annual Blue & Gold Tournament. Councilwoman Gair encouraged members of the audience to attend next years' event. Mayor Lozano commended Mayor Pro Tern Van Cleave for his leadership, and unending dedicated commitment to the Baldwin Park Beautiful Program. Director Nunez announced that the Annual Baldwin Park Parade will be held on Saturday, November 6, 1999. Parade entry applications are available at the community center. There being no other matters to be discussed, the meeting adjourned at 8:30 p.m. Approved as by the City Council at their meeting held , 1999. Rosemary M. Ramirez Deputy City Clerk COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 SEPTEMBER 29, 1999 WEDNESDAY 5:00 P.M. The CITY COUNCIL and the COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in a special session at the above time and place. ROLL CALL Present: Council /Agency Members: Ricardo Pacheco, Linda Gair, Mayor Pro Tern Van Cleave and Mayor Manuel Lozano. Also present: Arnold Alvarez - Glasman, City Attorney; Ralph B. Nunez, Interim Chief Executive Officer. CLOSED SESSION The City Council/Agency recessed to closed session at 5:00 and reconvened at 8:57 with all members present. City Attorney Alvarez - Glasman reported the action as follows: PUBLIC EMPLOYEE PERFORMANCE Title: Director of Community Development EVALUATION — (GC §54957) ACTION: City Council conducted performance evaluation. No action taken. CONFERENCE WITH REAL Property: 21.5 Acre Site bounded by Big Dalton PROPERTY NEGOTIATOR Avenue (west), Merced Avenue on the (GC §54956.8) north, Puente Avenue on the East, Garvey Avenue and the San Bernardino Interstate 10 Freeway south Negotiating Agency negotiating with Staubach 1 Parties: Cypress, LLP Agency Ralph Nunez and Arnold Alvarez - Negotiators: Glasman Under Terms and Conditions of Disposition Negotiations: and Development Agreement ACTION: City Council/Agency received a briefing from staff. No final action was taken on this matter and there is nothing further to report. ADJOURN There being no further matters before the Council/Agency, the meeting was adjourned at 8:58 p.m. Approved as by the Council /Agency at their meeting held 1999. COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 OCTOBER 6, 1999 WEDNESDAY 6:00 P.M. The CITY COUNCIL and the COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in STUDY SESSION at the above time and place. ROLL CALL Present: Council /Agency Members: Ricardo Pacheco, Linda Gair, and Mayor Manuel Lozano. Absent: Mayor Pro Tem Van Cleave was absent. Also present: Arnold Alva rez - Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer ; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Ralph Nunez, Director of Recreation and Community Services; and Rosemary M. Ramirez, Deputy City Clerk, SUBSEQUENT NEED ITEMS Attorney Alvarez - Glasman requested that these items be placed on the Closed Session Agenda. Facts on these matters arouse after the required posting of the agenda and there exists an immediate need to brief the City Council and provide direction on the following matters: 1) PUBLIC EMPLOYEE RELEASE — GC §54956 2) REAL PROPERTY NEGOTIATIONS — (GC §54956.8) 3) PUBLIC EMPLOYMENT — GC §54957 TITLE: Interim Chief Executive Officer 4) ANTICIPATED LITIGATION - GC §54956.9(c) - Initiation of litigation: One (1) Case A motion was made to accept the recommendation of the City Attorney and add the subject matters to the Closed Session portion of the agenda as subsequent need items. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. CLOSED SESSION The City Council /Community Redevelopment Agency recessed to closed session at 6:03 p.m. The Council /Agency reconvened at 6:59 with all members present. City Attorney Alvarez - Glasman reported the action as follows: Study Session Minutes — October 6, 1999 PUBLIC EMPLOYMENT PERFORMANCE EVALUATION - GC §54957 PUBLIC EMPLOYEE RELEASE GC §54956 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (GC §54956.8) PUBLIC EMPLOYMENT GC §54957 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — (GC §54956,9) ADJOURN James B. Hathaway, Agency Secretary Page 2 Title: Chief of Police — One Year Performance Evaluation ACTION: This matter was not discussed. ACTION: City Council received briefing. No action taken. Nothing further to report. Property: 21.5 Acre Site bounded by Big Dalton Avenue (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 Staubach / Parties: Cypress, LLP Agency Ralph Nunez and Arnold Alvarez - Negotiators: Glasman Under Terms and Conditions of Disposition Negotiations: and Development Agreement ACTION: Council received briefing from agency staff. No final action taken. Nothing further to report. Title: Interim Chief Executive Officer ACTION: City Council received briefing from staff. No action taken. Nothing further to report. Initiation of litigation, pursuant to Section 54956.9(c) Number of Cases: One (1) ACTION: No action taken. Nothing further to report. There being no further matters before the City Council Agency, the meeting was adjourned at 7:00 p.m. Approved as by the Council /Agency at their meeting held , 1999. City Clerk/Deputy COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91700 CITY COUNCIL AGENDA DEC - 1 1999 ITEM N0. OCTOBER 6, 1999 WEDNESDAY 7:00 P.M. The City Council of the City of Baldwin Park met in regular session at the above time and place. ROLL CALL: Present Council Members: Ricardo Pacheco, Linda Gair, and Mayor Manuel Lozano. A motion was made to excuse Mayor Pro -Tem William "Bill" Van Cleave for his absence this evening. MOTION: Mayor Lozano SECOND: Councilwoman Gair Motion carried. Also Present: Arnold Alvarez- Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro, City Treasurer; and Kathryn V. Tizcareno, City Clerk. OATH OF OFFICE - Mayor Lozano administered the Oath of Office to newly SALLY WIECK appointed Housing Commissioner Sally Wieck. RUBEN CHACON REQUEST Sally Wieck read a letter on behalf of Mr. Ruben Chacon. Mr. Chacon, a Mt. San Antonio College student, is asking for assistance to raise the necessary funds in the amount of $1500 for the purpose of attending classes in Europe. Mr. Chacon's costs have been secured through grants and scholarships, however, the additional funds are to pay for the expenses of a nurse to accompany Mr. Chacon on his trip. PROCLAMATIONSICOM MEN DATIONS IPRESENTAIONS DISTINGUISHED SERVICE AWARD — LLOYD GARCIA Mayor Lozano was joined by the City Council in presenting a distinguished service award to Mr. Garcia for his 30 years of service to the City of Baldwin Park, The Council expressed their appreciation to Mr. Garcia for the dedication and expertise that he brought to this organization during his tenure with the City and wished him well in his retirement. The Council presented Mrs. Garcia with a beautiful bouquet of flowers. A certificate of Recognition was presented to Lloyd Garcia, for his service to the community, by Patricia Lopez - Stephens, of Congressman Matthew Martinez' office; and Juan Lopez, of Senator Hilda Solis' office. City Council Minutes — October 6, 1999 DISTINGUISHED SERVICE AWARD —CAPTAIN DAN HIGGENBOTHAM PROCLAMATION - CHILD INJURY AND VIOLENCE PREVENTION WEEK CITY COUNCIL AND PLANNING COMMISSION PRESENTATION OF BEAUTIFICATION AWARDS Page 2 Mayor Lozano presented Captain Captain Dan with a Distinguished Service Award for his 26 years of service with the City of Baldwin Park and congratulated Capt. Higgenbotham on his recent job promotion as Chief of Police for the City of Muirietta. Councilmembers Gair and Pacheco joined Mayor Lozano in congratulating Dan on his recent promotion and future endeavors and for his dedicated service to the City of Baldwin Park. City Council presented a beautiful bouquet of flowers to Ms. Higgenbotham. Patricia Lopez - Stephens of Congressman Matthew Martinez' office presented Captain Higgenbotham with a Certificate of Congressional recognition. Juan Lopez of Senator Hilda Solis' office presented Captain Higgenbotham with a Certificate of Senatorial recognition. Mayor Lozano read a proclamation, proclaiming October 8 -22, 1999 as "Child Injury and Violence Prevention Week" in the City of Baldwin Park and asked staff to forward said proclamation to Maria Pacho of the Department of Health Services. Chairperson Dolores Holguin, stated that the Planning Commission has established this recognition program to honor property owners for their hard work at improving the appearance of their properties. This year, the Planning Commission added the `Business" category to the categories of the awards program. Mayor Lozano and the City Council joined the Planning Commission in presenting the 5th Annual Home Beautification Awards to the following recipients: Winner:, Andres and Rosa Vazquez, 5024 Larry Avenue. Finalists: Ruben and Catalina Loera, 13425 Los Angeles Street; Alfredo and Irma Luna, 3353 Maine Avenue; Maria Martinez 3443 Maine Avenue; and Araceli and Michael Duran, 3536 Vineland Avenue. Business Category Winner: Taco Ready, 13726 Francisquito Avenue. Mayor Lozano commended all of the participants and congratulated the winners for their hard work their and community involvement. City Council Minutes -- October 6, 1999 INVITATION TO VETERAN POW CEREMONY Igo 01 ZYK61 a :=-K► "A191 HOME BEAUTIFICATION AWARD RECIPIENTS CONGRTULATED CONTRIBUTIONS PLEDGED TO RUBEN CHACON FOR TRIP COMPLAINTS REGARDING ATHENS DISPOSAL COMPANY PUBLIC COMMUNICATIONS Page 3 Mr. Monte Montenegro, resident, invited the Council to attend a P.O.W. ceremony at the AMVETS facility ,in the City of Irwindale on October 9, 1999, at 1:00 p.m. Ms. Eileen Phinero, resident, announced that the book, which she complied, titled, "The Heritage of Baldwin Park" is available to be purchased at the Museum. Mr. Larry Walton, resident, congratulated all of the Stn Annual Home Beautification Award recipients. Mr. Larry Walton challenged the Chief of Police, Director of Recreation and Community Services, and the City Council to contribute funds to the Ruben Chacon fundraising efforts. The following persons made pledges to the cause of Ruben Chacon: Larry Walton, $100.00; Dolores Holguin, $200.00; Arian Idnani, $100.00; Rick Forintos, $150.00; Councilwoman Gair, $200.00; Mayor Lozano, $200.00; Congressman Martinez' office, $100.00; Alfonso Contreras, $200.00; Ralph Nunez, $1010.00; Attorney Alvarez - Glasman, $200.00; and Councilman Pacheco, $200.00. Maria (last name not audible), 1102 Melham Avenue, La Puente, stated that she is an employee with Athens Recycling. She recently injured her foot on a metal object and was denied medical attention. She claims that her job assignment exposed her to needles, syringes, and many other toxic and contaminated types of waste. The employees of Athens decided to join a union and as a result, those employees who chose to join the union were terminated. Raul Lopez, 8080 Oak Road, Covina, Principal Officer of Local Union 396, stated that his local had been contacted by the employees of Athens. According to the allegations, there are many violations of which the union has no jurisdiction over. Mr. Lopez clarified his position as it relates to this matter, stating that he intends to pursue and exercise the rights of the employees of Athens Recycling. City Attorney Alvarez - Glasman stated that it is important to note that the City Council has received these testimonies and takes these allegations to heart. Any action however, with respect to this business or their conduct, is outside of the jurisdiction of the City of Baldwin Park. It would seem more appropriate to City Council Minutes — October 6, 1999 Page 4 address these comments to the appropriate local jurisdiction which in this case, would be the City of Industry. Mr. Raul Lopez, acknowledge the statements made by Attorney Alvarez - Glasman, adding that he is aware of the jurisdiction limitations, however, he feels that since some of the individuals affected are residents, and that is why they addressed this council with this matter. Mayor Lozano thanked all of the individuals who spoke on this matter and stated that he empathizes with all those affected. He further stated that the health and safety of all individuals is of concern to this Council, however, as mentioned by our City Attorney, it is obvious that our agency has no jurisdiction over that business. Mayor Lozano did state however, that he plans to visit the site in question. CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows: Councilman Pacheco pulled the following items from the Consent Calendar for discussion: 1) Item "E" — AWARD CONTRACT FOR DESIGN OF MEDIAN, PEDESTRIAN PUSH BUTTON SIGNAL AND PARKING LOT IMPROVEMENTS ALONG BALDWIN PARK BOULEVARD, CIP 859; and 2) Item "H" — LOAN DEVELOMENT COMMITTEE (LDC) Attorney Alvarez- Glasman pulled the following item from the Consent Calendar for discussion: 1) Item G — APPROVAL OF EMPLOYMENT AGREEMENT — INTERIM CHIEF EXECUTIVE OFFICER A motion was made to pull items E, H, and G from the consent calendar for further discussion. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried CERTIFICATE OF POSTING Certificate of Posting for October 6, 1999, was approved. APPROVAL OF MINUTES The minutes of August 4, 1999, (Regular & Study Session), were approved as presented. City Council Minutes — October 6, 1999 CLAIMS AND DEMANDS AWARD OF CONTRACT TO RUIZ ENGINEERING — CIP 857, 858, 860, AND 861 RESOLUTION APPROPRIATING AID TO CITIES FUNDS FOR THE CONSTRUCTION OF VARIOUS STREETS ORDINANCE 1146 ADOPTED RELATING TO THE PROVISIONS FOR THE POSITION OF CHIEF EXECUTIVE OFFICER CONSENT CALENDAR APPROVED AWARD OF CONTRACT TO LIN CONSULTING — CIP 859 Page 5 Further reading was waived and Resolution No. 99 -81 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" was adopted. Mayor Pro -Tem Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of interest) City Council awarded a contract to Ruiz Engineering Company in the amount of $337,414.00 for the overlay, construction of sidewalks, curbs, gutters, bus pads and pavement striping on Baldwin Park Boulevard (Ramona Boulevard to Los Angeles Street), Puente Avenue (Merced Avenue to Havenbrook Street), Puente Avenue (Pacific Avenue to Central Avenue), and Puente Avenue (Ramona Boulevard to Badillo Street). The Mayor was authorized to execute the agreement and the Director of Public Works was authorized to execute the necessary change orders in an amount not to exceed ten percent (10 %) of the original contract amount. Further reading was waived and Resolution No. 99 -82 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REQUESTING AN ALLOCATION AND PAYMENT OF COUNTY AID TO CITIES FUND" was adopted. Ordinance No. 1146 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING BALDWIN PARK CODE OF ORDINANCES SECTION 31.03 RELATING TO THE DUTIES OF THE CHIEF EXECUTIVE OFFICER ( "CEO "), was adopted on second reading, read by title only and further reading thereof was waived. A motion was made to approve the Consent Calendar as presented. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. Councilman Pacheco commended Public Works Department staff for the work they have put into this project. Councilman Pacheco expressed concern with the driveway located south of the 99¢ Store and the fact that the traffic congests especially when vehicles are backing up at the same time as vehicles attempting to enter off of Baldwin Park Boulevard. City Council Minutes — October 6, 1999 Page 6 Engineering Supervisor Arjan Idnani explained that the 990 Store has agreed to widen the driveway approach. The driveway would not be relocated rather, it will be widened by 5 to 6 feet. This plan will create a pocket long enough for approximately 6 to 7 vehicles, thus eliminating the congestion that now exists. Engineering Supervisor Idnani stated that the plans and specs for this project will be brought before the Council for approval. Councilman Pacheco requested that a copy of the plan be distributed to all Councilmembers for review. After discussion, a motion was made to Award the contract to Lin Consulting, Inc., in the amount of $12,500.00 for the design of median, pedestrian push button signal and parking lot improvements along Baldwin Park Boulevard, CIP 859. The Mayor was authorized to execute the agreement. MOTION: Councilman Pacheco SECOND: Councilwoman Gair Motion carried. LOAN DEVELOPMENT COMMITTEE Councilman Pacheco asked if the City Council has the opportunity to submit the names of interested persons who would like to sit on this Committee. Redevelopment Project Manager Rick Forintos stated that in order to analyze the two existing proposals, it is staff's recommendation to: 1) Appoint him (Rick Forintos), the Chief Executive Officer, and one other Finance related individual from the business community as members of the Interim Committee; and 2) Move forward with this matter as soon as possible. A motion was made to create an Interim Loan Review Committee as recommended by staff, with the understanding that upon review of the two existing applications, the Interim Loan Review Committee will be disbanded and a new Loan Committee will be created. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. APPROVAL OF EMPLOYMENT Attorney Alvarez- Glasman recommended that the AGREEMENT — INTERIM CHIEF designations of Interim Executive Director of the EXECUTIVE OFFICER (DAYLE KELLER) Redevelopment Agency and Interim Executive Director of the Housing Authority be added to the agreement between Dayle Keller and the City of Baldwin Park. A motion was made to approve the employment Agreement between Dayle Keller as Interim Chief Executive Officer and the City of Baldwin Park, and to City Council Minutes — October 6, 1999 Page 7 add the designation of Interim Executive Director of the Redevelopment Agency and Interim Executive Director of the Housing Authority to the agreement. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. At this time, Mayor Lozano introduced and welcomed Ms. Dayle Keller as the newly appointed Interim Chief Executive Officer of the City of Baldwin Park. PUBLIC HEARINGS RESOLUTION AMENDING FEE Code Enforcement Supervisor Mark Dozmati SCHEDULE presented the report as follows: Building Standards magazine publishes a data table that reflects the current costs associated with the construction of most buildings. Staff uses this information to calculate plan check and building permit fees. We are currently using the figures established in the April 1995, valuation data and it is staff's recommendation that the a public hearing be conducted and that the 1999 Building Valuation Table adopted and included in the city Resolution of fees and charges. Mayor Lozano declared the Public Hearing OPEN for public participation. There was no one wishing to speak therefore, Mayor Lozano declared the Public Hearing CLOSED. A motion was made to waive further reading and adopt Resolution No. 99 -80 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, AMENDING RESOLUTION NO. 98 -86 SETTING FEES AND CHARGES FOR ISSUANCE, PROCESSING, AND FILING OF VARIOUS CITY SERVICES AND PERMITS IN THE CITY ". MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. REPORTS OF OFFICERS COMMISSIONS AND COMMITTEES RESOLUTION OF INTENTION — AMENDMENT TO CONTRACT WITH PERS Director Nunez presented the report as follows: Public Employees Retirement Law states that employees that work more than 1,000 hours per year or individuals that are covered by PERS from other agencies must receive retirement benefits. We have been faced with the dilemma of trying to maintain a stable, well trained part time work force, yet we have City Council Minutes — October 6, 1999 Page 8 often lost them because of the 1,000 hour cap or have not been able to hire qualified individuals because of their employment with other PERS covered agencies. We have also made exceptions from time to time because of the needs of the organization to allow employees to work over the 1,000 hours and providing them with retirement benefits. However, this has created a two level part time employee system, which is not in the best interest of the City or the employees. By amending our contract with PERS and removing the part time exclusion it will allow departments to actually save money in not having to hire part time employees to accomplish required functions and provides a consistent part time benefits program. This change will not result in an increase to the City's current retirement contribution rates. A motion was made to introduce Ordinance No. 1147 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF BALLDWIN PARK AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM — PERS ", for first reading, read by title only and waive further reading thereof. The Resolution of Intent was approved and the Mayor and City Clerk/Deputy were authorized to sign the Certification documents on behalf of the City. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. PURCHASE OF BALLISTIC DUTY A motion was made to approve the purchase of 80 HELMETS PASGT Ballistic Duty Helmets from Gall's Inc., in the amount of $19,320.00. 60 helmets will be purchased immediately and the remainder will be purchased as the positions are filled. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. COUNCIL /STAFF REQUESTS AND COMMUNICATIONS SALE OF FIREWORKS FOR MILLENNIUM Director Nunez informed the Council that he has received inquires as to whether or not the City of Baldwin Park will allow the sale of fireworks for the millennium and asked for Council direction on this matter. Councilwoman Gair expressed concern with the sale of fireworks for the millennium stating that the events and City Council Minutes — October 6, 1999 Page 9 situations resulting from New Year's Eve alone are unknown and feels that approving firework sales will add a strain on police and fire service. A motion was made to prohibit the sale of fireworks in the City of Baldwin Park during the week of December 27 -31, 1999. MOTION: Councilwoman Gair SECOND: Mayor Lozano Motion carried. Councilman Pacheco asked for a copy of the existing eligibility criteria for non profit organizations to have a fireworks stand and, a copy of the city's rules, regulations and fees associated with the issuance of firework stand permits. UPDATE ON TRANSIT PLAN In response to Councilwoman Gair's inquiry, Director Hathaway responded that the term of the existing transit provider contract expires June, 2000. There is a provision in the contract to extend it an addition two years if that's the Council's desire, or we can solicit bids for a proposal. The matter of the five -year plan is scheduled for the December 1, 1999 council meeting. At that time, we can further discuss our options and will seek direction from the Council as to how they would like to proceed with this matter. MATTRESS DISPOSAL Councilwoman Gair commented the apparent increase of mattresses being placed along curbsides throughout the city and asked if this was in violation of the municipal code subject to a citation. Supervisor Dozmati stated that staff is continually picking up mattresses from curbside locations and would continue to monitor the situation. It was recommended that staff contact Waste Management and ask if they can include an information piece advising residents of the rules and requirements for heavy item pick ups. CODE ENFORCEMENT OFFICER Councilwoman Gair asked staff to conduct some POSITION research on whether or not the Council had frozen the Code Enforcement Officer position. Councilman Pacheco stated that he attended an American Society of Engineers conference. At the conference, he met Caltrans Director Jose Medina and District 7 Manager Bob Seasonman. There were a number of panelists who spoke on the direction Caltrans wants to take and how local government and other agencies can get involved with Caltrans to address some of the issues currently at hand. I had the opportunity to discuss some of the problems and City Council Minutes — October 6, 1999 LIAISON COMMITTEE AVJWM F-09 '.... DWI POLICE DEPARTMENT CRIME RATES ADJOURN Page '10 concerns we have about the maintenance and improvements on the 1 -10 Freeway. At this point, I would like to get Council consensus to move forward with that meeting and, also, to include Interim Chief Executive Officer Keller in future discussions pertaining to this matter. Mayor Lozano is requesting that staff proceed with the implementation of an Ad Hoc Committee consisting of perhaps twelve individuals, comprised of senior citizens and high school students. The purpose of this committee would be to serve as liaisons to the City Council and to give input as to their expectations of the city's future and direction. It is recommended that meetings be held bi- monthly and at some point, develop the committee to include middle and elementary school levels as well. Mayor Lozano requested that the issue of student internships be explored such that local students would have the opportunity to be exposed to the different levels of professionalism within our organization. Director Nunez announced that the City has received a grant in the amount of $400,000 for the purpose of improving Syhre Park. Director Nunez commended Supervisor Idnani for a job well done in assisting with the documents necessary to secure this grant. Chief LeGarra announced that since 1992, the crime in the city has gone down by almost 65 %, and through the month of August 1999, crime in the city has gone down 2.8 %. There being no other matters to be discussed, the meeting was adjourned at 9:20. Mayor Lozano asked that this meeting be adjourned to the memory of former Irwindale Councilman Richard Breceda. Approved as by the City Council at their meeting held .1999. Rosemary M. Ramirez Deputy City Clerk COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 CITY COUNCIL AGENDA DEC - 1 7999 ITEM N0. OCTOBER 20, 1999 WEDNESDAY 5:30 P.M. The CITY COUNCIL and the COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in study session at the above time and place. ROLL CALL DOWNTOWN CIVIC CENTER REVITALIZATION PROJECT Present: Council /Agency Members: Ricardo Pacheco, Linda Gair, Mayor Pro Tern Van Cleave and Mayor Manuel Lozano. Also present: Arnold Alva rez- Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Ralph Nunez, Director of Recreation and Community Services; and Rosemary Ramirez, Deputy City Clerk. ft PRESENTATION Mr. Ron Cano gave a presentation on the status on the Downtown Civic Center Revitalization Project. Mr. Cano explained that they have conducted many opinion surveys, workshops and one on one Interviews with the businesses in the area. The majority of the public and businesses would like to see the same changes made. They would like to see upgrading on sidewalk cleaning, public safety, and better parking. He also stated what we needed to offer and present some exposure to these businesses. He recommends that the City Council and Agency continue their ongoing efforts with graffiti removal and liter control. In response to Councilman Pacheco's inquiry, Mr. Cana stated that there is absolutely no additional costs to the city at this point. This is merely authorization to proceed with the framework. Interim CEO Keller agreed with Mr. Cano stating that it is important to get conceptual framework. She also suggested a workshop for the businesses to get more information. Mayor Pro -tern Van Cleave liked the idea of giving small businesses an opportunity to advertise. Because it is expensive and if they know that they can for just a small fee they might just be interested. After lengthy discussion, the City Council agreed to let Mr. Cano to proceed with the conceptual framework that would establish a Public /Private Partnership, provided however, that there is no expansion to the V 6-' C' ° Study Session Minutes Page 2 current scope of contract services. There were no objections CLOSED SESSION The Council /Agency recessed to a closed session at 5:55 p.m, The Council/Agency reconvened at 7:00 with all members present. City Attorney Alvarez - Glasman reported the action as follows: CONFERENCE WITH LEGAL COUNSEL Name of Case: Randel Syrja EXISTING LITIGATION - GC §54955.9 ACTION: City Council provided direction to staff. No final action was taken. Nothing further to report The Council/Agency recessed the Study Session at 7:01 p.m. The Council /Agency reconvened at 8:58 p.m., with all members present. City Attorney Alvarez - Glasman reported the action as follows: PUBLIC EMPLOYEE PERFORMANCE Title: Chief of Police — One Year EVALUATION — (GC §54957) Performance Evaluation ACTION: This matter was continued to November 3, 1999. CONFERENCE WITH REAL Property: 21.5 Acre Site bounded by Big Dalton PROPERTY NEGOTIATOR Avenue (west), Merced Avenue on the (GC §54956.8) north, Puente Avenue on the East, Garvey Avenue and the San Bernardino Interstate 10 Freeway south Negotiating Agency negotiating with Staubach 1 Parties: Cypress, LLP Agency Dayle Keller and Arnold Alvarez - Negotiators: Glasman Under Terms and Conditions of Disposition Negotiations: and Development Agreement ACTION: Direction was provided to Director Nunez and the City Council concerning the possible disposition and development of this site. There was no final action taken with respect to this matter. Nothing further to report. Study Session Minutes CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — (GC §54956.9) ADJOURN Page 3 Significant exposure to litigation, pursuant to Section 54956.9(b) Number of Cases: Two (2) ACTION: No action taken. Nothing further to report. There being no further matters before the Council /Agency, the meeting was adjourned at 9:59 p.m. Approved as by the Council/Agency at their meeting held , 1999. City Clerk/Deputy James B. Hathaway, Agency Secretary COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 OCTOBER 27, 1999 WEDNESDAY 6:00 P.M. The CITY COUNCIL and the COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in a SPECIAL STUDY SESSION at the above time and place. ROLL CALL Present: Council/Agency Members: Ricardo Pacheco, Linda Gair, Mayor Pro Tern Van Cleave and Mayor Manuel Lozano. Also present: Arnold Alvarez - Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer; and James B. Hathaway. CLOSED SESSION The City Council/Agency recessed to closed session at 6:26 and reconvened at 7:27 with all members present. City Attorney Alvarez - Glasman reported the action as follows: CONFERENCE WITH REAL Property: 21.5 Acre Site bounded by Big Dalton PROPERTY NEGOTIATOR Avenue (west), Merced Avenue on the (GC §54956.8) north, Puente Avenue on the East, Garvey Avenue and the San Bernardino Interstate 10 Freeway south Negotiating Agency negotiating with Staubach 1 Parties: Cypress, LLP Agency Dayle Keller and Arnold Alvarez - Negotiators: Glasman Under Terms and Conditions of Disposition Negotiations: and Development Agreement ACTION: City Council/Agency received a briefing from staff. No final action was taken on this matter and there is nothing further to report. ADJOURN There being no further matters before the Council /Agency, the meeting was adjourned at 7:28 P.M. Approved as by the Council/Agency at their meeting held James B. Hathaway, Agency Secretary City Clerk/Deputy COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 NOVEMBER 3, 1999 WEDNESDAY 7:00 P.M. The CITY COUNCIL of the City of Baldwin Park met in regular session at the above time and place. ROLL CALL Present: Council Members Ricardo Pacheco, Linda Gair, Mayor Pro -Tem William "Bill" Van Cleave, and Mayor Manuel Lozano, Also Present: Arnold Alva rez-Glas man, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro, City Treasurer; and Rosemary Ramirez, Deputy City Clerk. PROCLAMATIONS ICOMMENDATIONSIPRESENTIONS CERTIFICATE OF RECOGNITION — SENATOR HILDA SOLIS PRESENTATION BY NATIONAL ORGANIZATION OF WOMEN (NOW) RE SUPPORT OF REOPENING OF MODEL DOMESTIC VIOLENCE COURTROOM AT CITRUS COURT Mayor Lozano, joined by the City Council presented Senator Solis with a Certificate of Recognition for her unending and dedicated service to her district, specifically to the City of Baldwin Park. Mayor Lozano especially thanked Senator Solis for her efforts in granting the City of Baldwin Park $250,000 for use towards a Teen Center, and for her advocacy and representation to the successful passage of SB216 which will create an urban area of Los Angeles County, being the first San Gabriel River and Mountain Conservancy Legislation. Senator Solis stated that she is honored to be a representative of the City of Baldwin Park and recognized the Baldwin Park as a "Hallmark City" for its many progressions and community involved programs it offers its citizens. At this time, Senator Solis spoke in support of an agenda item on tonight's pertaining to the reopening of the Model Domestic Violence Courtroom at Citrus Court Senator Solis implored the Council to support and adopt a resolution declaring its support of this item. Ms. Darby Mangen, President of NOW, circulated a partial list of public officials and organizations that have worked and supported to open the court. Ms. Mangen listed a few of the individuals and organizations in support of NOW, including, but not limited to District Attorney Gil Garcetti, La Puente City Council, Monterey Park City Council, Citrus Court Judge Patrick Murphy; Supervisor Gloria Molina; Assemblyman Gallegos; Senator Baca; Senator Escutia; and YWCA -Wings Shelters. City Council Minutes — November 3, 1999 Page 2 Ms. Mangen quoted Janet Reno as saying, "we want to push for expansion of specialized courts catering to domestic violence cases. It is unconstitutional that there are more traffic courts than courts dealing with domestic violence cases ". Ms. Mangen urged the Council for their favorable support to reopen the Model Domestic Violence Courtroom at Citrus Court and asked that the sample resolution be adopted this evening. Mayor Lozano commented that we have the tendancy to say, 'we're not going to get involved" when it comes to domestic violence matters. No one should have to live under those brutal circumstances. The fact is, that in spite of the fact that we live in this great country of ours, we have placed children and women aside. We need to recognize that domestic violence is a complex social problem and we cannot turn a blind eye. This is a significant resolution being passed this evening and it needs to be shared with everyone. A motion. was made to waive further reading and adopt Resolution No. 99-87 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS SUPPORT OF THE REOPENING OF THE MODEL DOMESTIC VIOLENCE COURTROOM AT CITRUS MUNICIPAL COURT ". MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. PUBLIC COMMUNICATIONS SENATOR SOLIS COMMENDED Mr. Dan Trunco, resident, thanked Senator Solis for the work she has done for the City of Baldwin Park and stated that the government is much better now than it was thirty years ago. We currently have fine leaders on the City Council, as is Senator Solis and Assemblyman Gallegos. CONCERN REGARDING Mr. John Higard, resident, spoke in opposition to the ORDINANCE 1148 passage of Ordinance 1148 as written, specifically Section 2, subsection 'T' which states, "Nothing in this section shall prohibit the disposition of any Saturday Night Special by Police Departments... ". Mr. Highland feels that this ordinance is hypocritical in that police officers can purchase and carry the same weapons even with the passage of this ordinance. City Council Minutes - November 3, 1999 Page 3 Mr. Don Cook, resident, expressed concern with Ordinance No. 1148 and is opposed to its passage. Mr_ Cook quoted an excerpt from the United States Constitution, "The right of the people to bear arms should not be infringed ". Mr. Cook feels that this ordinance will infringe on law abiding citizens and asked the Council not to deny the right to law abiding citizens just because others can't afford to purchase the more expensive weapons. Mr. Roy Tess, resident, also questioned Ordinance 1148 stating that he does not want to have the right of purchasing a reasonably priced gun taken away from him. BALDY VIEW TRAILER PARK Jesus Lopez, resident at Baldy View Trailer Park, asked Mayor Lozano if he had good or bad news regarding the closure of the trailer park. If the city plans on closing the trailer park in December, we should be notified in advance. if the decision is to close the park, the residents would like the opportunity to leave with dignity. Mr. Lopez stated that the owner's last attempt to remove the tenants from the premises, was by removing the concrete at the trailer park. This resulted in mosquito and water contamination. Mr. Lopez is here asking for the Council's assistance with this matter. Beatrice Torres, stated that the actions of the trailer park owners have all been intentional. Ms. Lopez asked permission to use her five - minute time limit to give Mayor Lozano that time to think about Mr. Lopez' comments. . Mayor Lozano stated that the Council knows of the their (residents at the trailer park) existence. The city has circumvented the owner from raising the rent on two previous occasions. Mayor Lozano stated that the City is not going to close the trailer park in December and reassured Mr. Lopez, Ms. Torres and others present from Baldy View Trailer Park, that they would still be there in December. This matter was referred to staff. Staff was asked to bring this matter back before the City Council at the meeting to be held December 1, 1999. CANDIDATE'S CONGRATULATED Mayor Lozano acknowledged Council candidate Marlen Garcia and School Board Candidate Ralph Nunez who were present this evening. Mayor Lozano congratulated them along, with Kathleen Gair, Jean Carpenter, and Dolores Holguin, in their successful bids to the offices which they sought candidacy. City Council Minutes — November 3, 1999 CERTIFICATE OF POSTING APPROVAL OF MINUTES CLAIMS AND DEMANDS CLAIM REJECTION RUBY JOHNSON (98 027A) and RENEE KIRKMAN (99 009A) AMENDMENT TO CONTRACT WITH PUBLIC EMPLOYEES' RETIREMENT SYSTEM — PART TIME EMPLOYEE BENEFITS AWARD CONTRACT FOR THE INSTALLATION OF. CARPET AND VINYL FLOOR TILES IN CITY FACILITIES APPROVAL OF FINAL TRACT MAP 52514 Page 4 CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows: Mayor Pro Tem Van Cleave asked that the following item be pulled for discussion: 1) Item 1 -E, Ordinance Relating to the Sales of Saturday Night Specials" and the Sale of Ammunition. Ceriificate of Posting for November 3, 1999, was approved. Minutes of September 1, 1999 (Regular and Study Session) were approved as presented. Further reading was waived and Resolution No. 99-86 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK" was adopted. Mayor Pro -Tem Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial. conflict of interest). City Council rejected the claim of Ruby Johnson and the claim of Renee Kirkman. Staff was directed to send the appropriate notice of rejection to claimants. Ordinance No. 1147, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS), was adopted on second reading, read by title only, and further reading was waived thereof. Contract was awarded to Donald M. Hoover Company, in the amount of $56,760.00 for the removal and replacement of carpeting and vinyl flooring in City facilities. Interim Public Works Director was authorized to approve change orders not to exceed ten - percent (10 %) of the original contract amount. Final Tract Map 52514, for Developer Abell Helou, at the southeast comer of Ramona Boulevard and Rhodes Lane was approved. Mayor and City Clerk/Deputy were authorized to execute the subdivision agreement. City Council Minutes — November 3, 1999 UPGRADE TELEPHONE SYSTEM PURCHASE OF COPIERS CONSENT CALENDAR APPROVED ORDINANCE RELATING TO THE SALE OF "SATURDAY NIGHT SPECIALS" AND THE SALE OF AMMUNITION Page 5 Finance Director was authorized to enter into an agreement with PhoneBy Inc., in the amount of $22,000 (tax not included) to replace the existing voice mail system and upgrade the existing Mitel telephone system. Finance Director was authorized to enter into a 60 month lease with Canon Financial Services for an amount of $550.14 per month (plus applicable tax), for the lease of new copiers. A motion was made to approve the consent calendar as presented. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Councilwoman Gair, stated that she is not an advocate of gun control and is interested in hearing a response from the City Attorney, to the concerns expressed by the public about this ordinance. Mayor Pro Tem stated for the record, that he is also against gun control.. He stated that he is confident that the ordinance being considered tonight, does make sense. He did question however, the Chief of Polices' authority to decide which guns the officers can cant' and which they can not cant' and said he just wants equality for all in the city. Chief LeGarra stated that our officers will not carry Saturday Night Specials. In the existing department policy, it is very specific as to the types of weapons the officers may carry. There is also a section in the Penal Code that exempts law enforcement officers from carrying certain firearms. This ordinance relates to the sales of weapons and ammunition. City Attorney Alvarez - Glasman stated that the ordinance being considered for second reading, has been adopted in many other communities. It has been modeled after the City of West Hollywood's ordinance addressing the Saturday Night Special issues. Subject ordinance was held as constitutional in accordance to law. This ordinance regulates the sales of Saturday Night Specials and they will not be able to be purchased in the City. City Council Minutes — November 3, 1999 Page 6 In response to Councilwoman Gair's question, Attorney Alvarez- Glasman stated that with regards to the exception portion of the ordinance, if a member of law enforcement is allowed to carry those types of weapons to be utilized, that would not be against the law, if they are found within our jurisdiction. After lengthy discussion, a motion was made to adopt Ordinance No. 1148 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE XIII (GENERAL OFFENSES) OF THE BALDWIN PARK MUNICIPAL CODE TO MAKE UNLAWFUL THE SALE OF CERTAIN FIREARMS DEFINED AS "SATURDAY NIGHT SPECIALS', on second reading, read by title only and further reading waived thereof. Ordinance No. 1149 entitled, "AN ORDIANCE OF THE CITY COUNCIL FO THE CITY OF BALDWIN PARK AMENDING TITLE X1I1 (GENERAL OFFENSES) OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO THE SALE OF AMMUNITION AND REQUIRING DEALERS TO KEEP RECORDS OF AMMUNITION SALES', was adopted on second reading, read by title only, and further reading was waived thereof. MOTION: Councilwoman Gair SECOND: Councilman Pacheco NOES: Mayor Pro Tem Van Cleave Motion carried. REPORTS OF OFFICERS BALDWIN PARK TRANSIT -- FIVE Director Hathaway recommended that this matter be YEAR PLAN deferred to the City Council meeting to be held December 1, 1999. There were no objections. SAN GABRIEL TRANSIT CONTRACT Director Hathaway recommended that this matter be FOR THE OPERATION OF TRANSIT deferred to the City Council meeting to be held SERVICES December 1, 1999. There were no objections. PROPOSED AMENDMENT TO Director Hathaway recommended that this matter ENGINEERING CONSULTING be deferred to the City Council meeting to be held AGREEMENT — H.C. ASSOCIATES November 17, 1999. There were no objections. M11- *3 * *_111:4 `I12IAEl 0111196'. CITY COUNCIL SUPPORT OF SENATE Attorney Alvarez- Glasman requested that this item CONSTITUTIONAL AMENDMENT NO. 7 be placed on the Agenda. Facts on this matter arouse after the required posting of the agenda, and there exists an immediate need to take action. City Council Minutes — November 3, 1999 Page 7 A motion was made to accept the Attorney's recommendation and add the subject matter to the agenda as a subsequent need item. MOTION: Mayor Lozano SECOND: Councilman Pacheco Motion carried. RESOLUTION DECLARING THE CITY'S City Attorney Alvarez - Glasman stated that this SUPPORT OF SENATE CONSTITUTIONAL resolution is intended to declare City Council support of AMENDMENT NO. 7 the proposed expansion of the Los Angeles County Board of Supervisor representatives from its existing 5 member board to a 9 member board. A motion was made to waive further reading and adopt Resolution No. 95-88 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS SUPPORT OF SENATE CONSTITUTIONAL AMENDMENT NO. 7 ". MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. COUNCIUSTAFF REQUESTS AND COMMUNICATIONS PROPOSED SITE OF COUNTY HOSPITAL FACILITY IN THE CITY CANDIDATES CONGRATULATED Interim Chief Executive Officer Keller referred to an October 26, 1999, article in the Los Angeles Times which headlines, "County Votes to Build Baldwin Park Hospital ". Interim CEO Keller asked for Council direction on this matter. City Attorney Alvarez- Glasman stated that it would be appropriate to set a date and time for a closed session discussion on this matter. Upon question from Councilwoman Gair as to whether or not Councilwoman Elect Garcia would be eligible to sit in on the closed session item, Attorney Alvarez - Glasman stated that Councilwoman Elect Garcia could participate however could not vote until after she is officially is sworn into office. Mayor Lozano directed staff to immediately contact the office of Supervisor Gloria Molina, to schedule a meeting with her for the purpose of discussing this matter. Councilmember Pacheco congratulated Councilmember Elect Marlen Garcia on her council candidate victory. He also congratulated the winners for all other races within the city. City Council Minutes — November 3, 1999 ANNUAL PARADE Director Nunez reminded the Council and members of the audience that the annual parade will be held on Saturday, November 6, 1999 beginning at 10:00 a.m. VETERAN'S DAY CEREMONY PROSPECTIVE CANDIATE INFORMATION MEETING ADJOURN Director Nunez announced that the Veteran's Day Memorial ceremony will be held on Thursday, November 11, 1999, at 1:00 p.m., at the Community Center. Councilwoman Gair spoke about the possibility of hosting an election forum where persons could be informed of the particulars and what it takes to run for office. Councilwoman Gair will bring this matter back to the Council at a later date. There being no other matters before the Council, the meeting was adjourned at 8:30 p.m. Approved as presented by the Council at their meeting held December 1, 1989: Rosemary M. FTar Deputy City Clerk COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 NOVEMBER 17, 1999 WEDNESDAY 7:00 P.M. The CITY COUNCIL of the City of Baldwin Park met in regular session at the above time and place. ROLL CALL: Present: Council Members Ricardo Pacheco, Linda Gair, 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 A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro, City Treasurer; Kathryn V. Tizcareno, City Clerk; and Rosemary M. Ramirez, Deputy City Clerk. PROCLAMATIONSICOMMENDATIONS IPRESENTIONS CENTER FOR CONTRACT COMPLIANCE Bill Quisenberry of the Center for Contract Compliance gave a presentation on the contract services available and highlighted the main deal points as follows: The Center for Contract Compliance (CCC) has been in operation for over ten years. During that time they have monitored thousands of contractors. CCC is a nonprofit organization funded by contractors of the Associated General Contractors„ Southern California Contractors Association, Engineering Contractors Association and the Building Industry Association as well as various Labor Organizations in Southern California. CCC is concerned with labor compliance of those laws that govern public works including, but not limited to the payment of the required prevailing wage. To achieve this, CCC works closely with City staff and will assist during the review of any contractors credentials prior to the award of any public works construction project in addition to supplement construction management services throughout the prosecution of the project. CCC also works closely with state and federal agencies entrusted with the enforcement of these laws. The proposed service labor compliance services will be provided at no cost to the City. Mayor Lozano thanked Mr. Quisenberry for the presentation and stated that the City of Baldwin Park is committed to the prevailing wage standards and contract compliance. City Council Minutes — November 17, 1999 PUBLIC COMMUNICATIONS COMMUNITY THANKSGIVING DINNER SEWAGE LEAK - REQUEST CITY ASSISTANCE INTRODUCTION OF LA PUENTE COUNTY VALLEY WATER COMPANY BOARD MEMBER ELECT — LOUIS LUJAN Page 2 Ms. Sally Wieck, resident, invited the City Council to attend the Community Thanksgiving Dinner on Wednesday, November 24, 1999, at 5 p.m., in the Community Center Gymnasium. Mary Heiss, resident, expressed disappointment that Mayor Lozano has not gone to visit the location where the problem of sewage leak exists. Ms. Heiss recognizes that the location of the leak is not within the jurisdiction of the City of Baldwin Park, but rather in the City of Irwindale, Ms. Heiss has contacted the City of Irwindale on numerous occasions, since January of this year however, the problem has not been addressed nor corrected. Ms. Heiss is requesting council assistance, specifically in contacting the City of Irwindale, with the hope of expediting the necessary repairs. Mayor Lozano advised Ms. Heiss that he did in fact visit the subject location the day after he spoke to her about the issue. Mayor Lozano referred this matter to Director Hathaway for handling. At, this time Mayor Lozano Introduced and welcomed La Puente County Valley Water Company Board Member -elect Louis Lujan. Mayor Lozano congratulated Mr. Lujan on his successful water board and announced that Mr. Lujan is the youngest Latino board member to serve in that capacity. CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows: CERTIFICATE OF POSTING Certificate of Posting for November 17, 1999, was approved. CLAIMS AND DEMANDS Further reading was waived and Resolution No. 99 -89 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ALLOWING CLAIMS AND DEMANDS AGAINST THE CITY OF BALDWIN PARK', was adopted. Mayor Pro -Tem Van Cleave abstained on all warrants to Mr. Bill's Hardware (financial conflict of interest). TREASURER'S REPORT Treasurer's report for the month of October, 1999 was received and filed. City Council Minutes — November 17, 1999 ADOPT RESOLUTION 99 -90 SETTING A PUBLIC HEARING FOR THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT 99 -1 GRANT FROM MTA FOR BICYCLE ROUTES (REJECTION OF) BUDGET APPROPRIATION AB2766 FUNDS CLAIM REJECTION RUBEN ACOSTA (99 006A) APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH MTA FOR CALL FOR PROJECTS GRAND FUND Page 3 Further reading was waived and Resolution No. 99 -90 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS INTENTION AND SETTING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT 99 -1" was adopted. February 2, 2000 is the Public Hearing date for this matter. Staff was authorized to reject the grant in an amount of $45,000 from MTA for the construction of bicycle routes. Council appropriated Air Quality Improvement Funds (AB2766) in the amount of $15,212.94 to pay the City's share of the electric vehicle charging stations. City Council rejected the claim of Ruben Acosta and staff was directed to send the appropriate notice of rejection to claimant. Council approved the Memorandum of Understanding with the Los Angeles County Metropolitan Authority (MTA) for grant funds in an amount of $274,000. APPROVAL OF MEMORANDUM OF Council approved a Memorandum of Understanding UNDERSTANDING — MEDICAL SERVICES - with Citrus Valley Health Partners to offer medical CITRUS VALLEY HEALTH PARTNERS — services at Morgan Park and authorized the Director KIDS KARE -A -VAN PROJECT of Recreation and Community Services to execute the necessary documents. TURF TECH WATER CONSERVATION SERVICES RESOLUTION IN OPPOSITION TO PUBLIC WORKS INITIATIVE B CONSENT CALENDAR APPROVED Council authorized the Interim Chief Executive Officer to enter into an agreement with Turf Tech Industries in an amount of $6,007.50 (plus applicable taxes), for the development of a water conservation plan for Morgan Park, Barnes Park and Walnut Creek Nature Park. Further reading was waived and Resolution No. 99 -91 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS OPPOSITION TO PUBLIC' WORKS INITIATIVE B ", was adopted. A motion was made to approve the consent calendar as presented. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried City Council Minutes — November 17, 1999 VACATION OF ALLEY BETWEEN CORAK STREET AND FRANCISQUITO 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 THAAT INCLUDES KAUFMAN AND BROAD MULTI HOUSING GROUP, INC (DEVELOPER) Page 4 PUBLIC HEARINGS Mayor Lozano declared the Public Hearing open for for public participation. In response to Councilwoman Gair's inquiry, Engineer Supervisor Idnani stated that Saffran is not ready to proceed with the vacation at this „time therefore, it is the city's preference not to approve said vacation until Saffran is ready to commence with project. A motion was made to open and continue this matter until March 1, 2000. MOTION: Councilwoman Gair SECOND: Councilman Pacheco Motion carried. At this time, the Mayor opened the Community Redevelopment Agency meeting for the purpose of conducting the Joint Public Hearing with the City Council. Mayor Lozano declared the Public Hearing open for public participation. Ms. Laurie Kern, property owner, stated that she is not opposed to providing senior housing, however is opposed to having the parking taken away from their business. Ms. Kern suggested approving a plan that reduces the size of the units from a two- bedroom to a one - bedroom and eliminating the recreation room. A motion was made to continue this meeting to December 1, 1999. MOTION: Mayor Pro Tern Van Cleave SECOND: Councilman Pacheco Motion Carried. REPORTS OF OFFICERS PROPOSED AMENDMENT TO Director Hathaway presented the report as follows: ENGINEERING CONSULTING AGREEMENT — H.C. ASSOCIATES At your meeting held October 6, 1999, Councilmember Pacheco reported on his attendance at a luncheon of the American Public Works Association's Conference on "Rebuilding America” during which time he had the opportunity to meet a number of Caltrans officials. Councilman Pacheco requested that staff proceed to set up a meeting with Caltrans specifically to discuss the City's needs for maintenance and improvements along the 1 -10 and 1 -605 Freeways and their interchange. As a result , H.C. Associates made a City Council Minutes — November 17, 1999 Page 5 presentation to staff, outlining the services which they could make available to the City in conjunction with its efforts with Caltrans and hereinafter referred to as Amendment #1. It Nas noted that the cost of the services will not exceed the sum of $25,000 plus customary reimbursable expenses and will be funded from the existing operating budget of the Public Works Department. It is anticipated that reimbursement to the General fund will occur through transfers from Redevelopment Project Area Funds in proportion to the benefit received or each project. Councilwoman Gair stated that the matter of the freeway maintenance and improvements is of great importance to her and to the city, however at this time, and until such time that there is a mid -year review of the City's financial position, she is not prepared to expend $25,000. Councilwoman Gair recommenced that this matter be held over until after receipt and review of the mid -year budget review. Councilwoman Gair also suggested that since Ken Spiker now has an agreement with the City, perhaps some of the area along the freeways could be identified as an area of improvement and included as part of that development agreement. Additionally, now that we have an Interim Chief Executive Officer, Councilwoman Gair feels that the city can begin communications with. the Department of Transportation (Caltrans) to voice our concerns and lack of attention given to this area. Mayor Pro Tem concurred with Councilwoman Gair. Councilman Pacheco stated that this matter needs to be addressed now and not wait until sometime in the future. H.G. & Associates is prepared to begin the process and we have waited too long and have made absolutely no progress in this much needed area of improvements. Hector Castillo stated that this was an amendment to an existing agreement with the City. John Bollinger, stated that H.G. Associates will focus on a number of key tasks leading to submission of an application to Caltrans for consideration. This includes establishing channels of communication and cooperation with Caltrans, preparing a preliminary process schedule, preparing an application package and submitting the application to Caltrans on behalf of the City. N.C. Associates will help the city achieve its City Council Minutes — November 17, 1999 Page 6 objectives with respect to the maintenance and improvements of the 1 -10 and 1 -605 Freeways. Mayor Lozano has stated, since 1995, and will again repeat it in 1999, that he supports the issue of personally going along side of the freeways to clean -up these areas with our own private equipment. A motion was made to defer this matter until January, 2000, after the council has received the mid -year budget for review. MOTION: Mayor Lozano SECOND: Councilwoman Gair NOES: Councilman Pacheco Motion carried. RETAIL. SIDEWALK DISPLAYS Interim Chief Executive Officer Keller presented the report as follows: Staff is seeking direction from City Council regarding issuing an extension of an authorization to Fallas Paredes to have a sidewalk display in front of their store at 4249 Maine Avenue. Fallas Paredes has conducted their sidewalk sales appropriately and in an attractive manner. Their letter of request indicates that when they do not have sidewalk displays, their sales drop in excess of 50 %. Their visibility problem is exacerbated by the fact that there are currently a number of vacancies in the Main Street Marketplace Center. In his report dated August 4, 1999, the former Director of Community Development suggested that some change to the City's current policies regarding sidewalk sales and displays might be in order. He specifically referred tot he General Plan process and the Downtown /Civic Center Revitalization effort as being two avenues for looking at changes. In addition, he suggested an administrative process that could give the city some flexibility until Zoning Code changes could be made. Councilwoman Gair stated that the business in question is the only store in town that has had a continuous sidewalk sale since February of this year. Contrary to their belief, I do not feel that this business will be out of business if they do not have sidewalk sales. This business leased a location in a semi - occupied center and was clearly aware of those consequences when they entered into their leasing agreement. This should not be construed as being an obligation or responsibility of the Council to make exceptions to the code. My main objection is that this business is operating outside of the Municipal Code requirements and it is our responsibility to enforce and apply the code to all City Council Minutes -- November 17, 1999 Page 7 businesses. What is fair for one business should be fair for all businesses without exception. Mayor Pro Tem Van Cleave agreed with Councilwoman Gair. Councilman Pacheco feels that special circumstances should be considered due to this particular business location and for that reason, we should do what we can to work with this business. After discussion, a motion was made to authorize an additional 64 -day period for sidewalk displays, through January 4, 2000, with the condition that it applies to all business within the City; and, direction was given to staff to bring back alternatives to the Council for allowing flexibility for the conduct of such sales, either by changes to the Zoning Code, or administratively through an application and permit process. MOTION. Councilwoman Gair SECOND: Mayor Pro Tern Van Cleave Motion carried. COUNCIL/STAFF REQUESTS AND COMMUNICATIONS STREET NAME CHANGE CONSIDERATION Mayor Lozano read an autobiography of Mr. Cruz Baca TO "CRUZ BACA" which outlined the countless contributions Mr. Baca had made to the residents and community of Baldwin Park. Mr. Baca originally settled in on Cosby Street in the City of Baldwin Park and since then, there have been five generations of the Baca Family, all of who still reside in the City of Baldwin Park. Mr. Baca was a well - respected businessman in the community and was known as the only supplier of red chile and eornhusks. In addition to his many accomplishments, Mr. Baca is also remembered for his willingness and generosity of transporting Baldwin Park residents, every Sunday, to the San Gabriel Mission by horse and carriage, for church services. Mayor Lozano would like Council consensus to form a committee to the task of studying possible streets to be considered for a street name change, or possibly even a park to be renamed after Mr. Cruz Baca. Mayor Lozano asked to be a part of the committee and appointed Ms. Ana Montenegro to the Committee. Mayor Lozano would like the committee to consist of a couple of Commission members and a staff member to sit on the committee as well. There was no objection from the Council to form a committee for this purpose. City Council Minutes — November 17, 1999 CROSSWALK REPAIR STATUS BALDWIN PARK BEAUTIFUL SIDEWALK ASSISTANCE CAPTAIN AND LIEUTENANT INTERVIEWS KUDOS TO THE RECREATION DEPARTMENT ADJOURN Page g Mayor Lozano asked that once a street or site is selected and approved for renaming, that the city commemorate this occasion with a special celebration and asked that we also look into transporting the carriage used by Mr. Baca, from the City of Irwindale (where it's now stored) to the celebration site. Mayor Pro Tem Van Cleave asked the status of the cross walk repairs at the south east corner of Stewart, south east comer of La Rica and, both north and south side of Baldwin Park Boulevard. Mayor Pro Tem Van Cleave invited everyone interested persons who wish to participate in Baldwin Park Beautiful, to meet at Morgan Park on Saturday. November 20, 1999, at 8:00 a.m. Mayor Pro Tem Van Cleave asked staff to contact the Assembly of God Church on Baldwin Park Boulevard. They need assistance in configuring the size and location of the planters on the sidewalk. Councilwoman Gair wished to thank Chief LeGarra for extending an invitation and allowing the Council the opportunity to sit in on the Captain and Lieutenant interview process. Councilwoman Gair commended Director Nunez and Staff for the outstanding job they did on organizing and conducting the City's annual parade and the Veteran's Day Memorial Celebration. There being no further matters to be discussed, the meeting was adjourned at 8:31 p.m. Approved as presented by the City Council at their meeting held. December 1, 1999. Rosemary M. R Deputy City Cie RESOLUTION NO. 99 -92 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 DEC - 1 1999 ITEM NO.�_ 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. JAMES B. HATHAWAY, FINANCE DIRECTOR SECTION 2. That the payroll of the City of Baldwin Park consisting of check numbers 100937 to 101264, inclusive, voids: 100937 and 100952, for the period of October 31, 1999 through November 13, 1999 inclusive, has been presented and hereby, ratified, in the amount of $384,224.54. SECTION 3. That General Warrants, including check numbers 113998 to 414143 inclusive, in the total amount of $769,695.00 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 December 1st, 1999. MANUEL LOZ'ANO, MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF BALDWIN. PARK ) I, 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 December 1st, 1999, by the following vote: AYES: COUNCILMEMBERS: NOES: POUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CITY CLERK/DEPUTY Nov 22, 1999 02.34pm Page 1 Check History. Hank AP Check Dates 00/00/00 to 99/99/99 Check #`s 113998 to 114143 Vend-9 Vendor Name Bank Check'# Chk Date Check Amount Set) 4268 MICHELLE ALVES AP 113998 11/08/99 173.00 C "iaim## General Description 27566 LUNCH /REFRESHMENTS 1.,T ASSESSEM8VT CENTER PO## Stat Contract# Invoice;# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/04/99 175,00 0.00 175.00 GL Distribution Gross Amount Description 0,00 158.00 100 -25 -5330 175.00 LT ASSESSMENT CENTER 0,00 11.8 "50 Vend# Vendor Name Gross Amount Description Bank Check# Chk Date Check Amount Sep 11 A &D DOOR REPAIR CO. 446,35 1 EA * * ** ANNUAL PURCHASE ORDER AP 114000* 11/10/99 446.35 Cl.ai.m# General Description 27518 REPAIR GATES PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5331 0 5232 10/3.8/99 169185 0.00 169.85 5244 10/21/99 158.00 0,00 158.00 5254 10/26/99 118.50 0,00 11.8 "50 GL Distribution Gross Amount Description 100 -57 -5000 446,35 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL Y&AR 1999 -2000 * * ** REPAIR AND MAINTENANCE OF ELECTRIC GATE PO Liquidation Amount 100 -57 -5000 446.35 -------------- .---------------------------------------- Vend# Vendor Name ----.- __---------------- ----------------------------------------------------- Bank Check# . Chk Date Check Amount Sep 3706 ACTION LOCK & SAFE AP 114001 11/10/99 176,16 Claim## General Description 27519 KEYS PQ## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5330 D 0 ].0/21/99 176,16 p.p0 176.16 GL Distribution Gross Amount Description 100 -57 -5000 105.70 1 EA * * ** ANN-UAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** REPAIR AND REPLACEMENT OF KEYS AND LOCKS FOR CITY FACILITIES 127 -57 -5040 70.46 1 EA ** DISTR18UTION OF COST ** PO Liquidation Amount 100 -57 -5000 1-05.70 127 -57 -5000 70.45 Vend# Vendor. Name Bank Check ## Chk Date Check Amount" Sep 3797 AIR,cOUCH PAGING (AIRTOUCH PAGING) AP 114002 11/3,0/99 371.73 Claim## General Description 27495 PAGERS -P.D. ACCF #L8- 454975 PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 557.7 0 L8454975ZK 11/01/99 3711°73 0.00 371.73 GL Distribution Grass Amount Description 100 -25 -5210 371.73 1 EA * * ** AWTAT, PURCHASE ORDER FOR FTSCL YEAR 1999 -2000 * * ** POLICE DEPARTMENT PAGER SERVICE CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 2 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 113998 to 114143 PO Liquidation Amount 100 -25 -5210 371.73 Blend# 'Vendor Name Bank Check# Chk Date Check Amount Sep 60 AMERICAN PRESS (A,"BRICAN PRESS) AP 114003 11/10/99 323.40 Claim# General Description 27517 'TRANSIT SCHEDULES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5877 C 29407 1,0/18/99 323.40 0100 323.40 GL Distribution Gross Amount Description 117 -55 -x440 323.40 1. FA TRANSIT SCHEDULES {650 /EACH) PO Liquidation Amount 117 -55 -5443 323.40 Vend# Vendor Name Bank Check# Chk Slate Check Amount Sep 4556 BACKGROUNDS UNLIMITED AP 114004 11/10/99 1,304.06 Claim# Genera: Description 27496 BACKGROUND INVESTIGATION REF -RUDY CAMPOS DAVID CAMPA POP Stat CContract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5905 C 0 10/18/99 1,300.00 0.00 1,300.00 GL Distribution Grass Amount Description 100 -25 -5000 1,300.00 2 EA PRE - EMPLOYMENT BACKGROUND INVESTIGATION PO Liquidation Amount 100 -25 -5000 1,300.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 136 BOISE CASCADE OFFICE PRODUCTS AP 124005 11/14/99 193.61 C.l,aim# General Description 27497 INKJET CARTRIDGE PO4 Stat Contract# Invoice# Invc Dt Gross .Amount Discount Amt Discount. Used Net Amount 590© C 590295 10/22/99 110.63 0.00 110.63 GL Distribution Gross Amount Description. 106 -22 -5210 110.63 4 FA #5151645A BLACK I14KJI-T CARTRIDGE PO Liquidation Amount 100 -22- -5210 110.63 Claim# General. Description 27498 INK CARTRIDGE P0# Stat Contract# Invoice# Invc Dt Gross Amount Discount Ant Discount used Net Amount 590'7 C 590238 10/22/99 82.98 0.00 82.98 GL Distribution Gross Amount Description 1.00 -24- -5210 82.98 3 EA #SI51645A BLACK INK CARTRIDGE PO Liquidation Amount 100 -24 -5210 82.58 CCS,AP Accounts Payable Release 5.7.4 M— APR700 By SANDRA A (SANDRA) Nov 22, 1999 02!34pm Page 3 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 113998 to 114143 --_°______.---------------------- --- --- ------------- -- -- --- ._--_.___--------------------------------------____-_--_-_-------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 166B CALIFORNIA DESIGNS & DISTRIBUTORS AP 114006 11/10/99 91.63 Claim#k General Description 27499 P.D. POLO SHIR'T'S /JACKETS PC# Stat Contract.# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 5914 C 4589 02/26/99 44.00 761.00 GL Distribution 0.00 44.00 3455 07/01/99 47.63 456.60 1 EA * * ** ANNUAL PURCHASE ORDER 0.00 47.63 GL Distribution Gross Amount Description 127 -57 -5000 304.40 100 -25 -5210 26.25 1 EA PAYMENT OF INVOICE #2558 100 -25 -5216 16.10 1 EA PAYMENT OF INVOICE. 42791 127 -57 -5000 100 -25 -5210 18.30 1 EA PAYMENT OF INVOICE 43105 130 -25 -5210 14.83 1 EA PAYMENT OF INVOICE 94589 AP 114008 11/10/99 75.00 100 -25 -5210 16.10 1. EA PAYMENT OF INVOICE #3455 PO Liquidation Amount I00 -25 -5210 271.02 'lend# Vendor dame Sank Check# Chk Date Check Amount Sep 201 CATXPORNIA DISCOUNT GLASS AP 114007 11/10/99 761.00 Claim# General Description 47520 GLASS REPLACEMENT PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5399 0 4230 10/29/99 ?61.00 0.00 761.00 GL Distribution Gross Amount Description 100 -57 -5000 456.60 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** GLASS REPLACEMENT 127 -57 -5000 304.40 1 EA ** DISTRIBUTION' OF COST �* PO Liquidation Amount 100 -57 -5000 456.60 127 -57 -5000 304,40 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 182 CAPCA AP 114008 11/10/99 75.00 Claim:# General Description 27521 MEMBERSHIP DUES YR 2000 PO# Stat Contract# invoice# a GL Distxibution 121 -68 -5240 Invc Dt Gross Amount 10/03/99 75.00 Gross Amount Description. '75.00 DU8S -2000 Discount Amt Discount Used Net Amount 0.00 75.00 CCS.AP Accounts Payable Release 5.7,4 N *A2R700 By SANDRA A (SANDRA) Nov 22, 1999 02 :34pn Page 4 Check History. Bank AP Check Datas 00/00/00 to 99/99/99 Check #'s 113998 to 114143 ---------------- --------------------------------------------------------------------------------------------------------------------- trend# Vendor Name Bank Check# Chk Date Cheek Amount Sep 976 CCAC AP 114609 11/10/99 150.00 Claim# General Description 27522 CITY CLERK /DEPUTY DUES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Not Amount 0 11/01/99 150.00 0.00 150.00 GL Distribution Gross Amount Description 100- 03-5240 150.00 CITY CLK /DEP DUES Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4676 C&NTURY 21 - GEORGE MICHAEL REALTY AP 114010 11/10/99 15,000.03 Claim# General Description 27555 FIRST TIME HOMEBUYER BLANCA GARCIA & VTCTORIA CISNEROS 3904 BRESEE AV * *ESCROW 9001 - 3266 -BG ** PO# Stat Contract# Invoice#{ Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/02/99 15,000.00 0.00 15,000.00 GL Distribution Gross Amount Description 122 -43 -5620 15,000.00 B GARCIA /V CESNEROS Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3996 C140ICEPOINT SERVICES INC, AP 114011 11/10/99 90.00 Claim# General Description 27500 CREDIT REPORTS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 5903 C 959089 10/14/99 90.00 D.00 90.00 GL Distribution Gross Amount Description 100 -25 -5000 90.00 10 EA CREDIT REPORTS (PRE-EMPLOYMENT) PO Liquidation Amount 100 -25 -5000 90.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2589 CITRUS VALLEY MEDICAL CENTER AP 114012 11110194 168.25 Claim# General. Description 27501 MARCUS SANTOS PATIENT 41005596465 PO# Stat Contract## Invoice# M00075299 GL Distribution 100 -23 -5000 Cla.i.m# General Description 27502 JrESUS RUIZ RAMOS PATIENT #2005596747 Invc Dt Gross Amount 3.0/26/99 103.25 Gross Amount Description 102.25 M SANTOS Discount Amt Discount Used Net Amount C.00 103.25 PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount M00075305 10/26/99 65.00 0.00 65.00 GL Distribution Gross Amount Description 100 -23 -5000 65.00 3 RAMOS CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A ;SANDRA} Nov 22, 1999 02:34pre: Pape 5 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check #'s 113998 to 114143 ----------------°_-_-_------_---------------_--_°__-_--------_..°----------------__----_-___-_--------------- __------- ---- --- _ -..__ Vend# Vendor Name Bank Check# Chk Date Check Amount Son 4327 CITY OF EL MONTE AP 114013 11/10/99 6,?08.00 Claim# General Description 27503 HELICOPTER COST -OCT PO4 Stat Contract# Invoice# Inve Dt Gross Amount Discount Amt Discount Used Net Amount 5532 0 11366 11/01/99 6,1C8.00 0.00 6,108.00 GL Distribution Gross Amount Description 884.85 1 EA PRE- EMPLOYMENT BACKGROUND INVESTIGATION 106 -23 -5000 6,108.00 1 EA * *** ANNUAL PURCHASE ORDER FOR P1SCA1, YEAR 3.999-2U00 — HELICOPTER Chic Date Check Amount Sep 100 -25 -5000 OPERATIONAL COSTS AP 114016 11/10/99 7,875.00 PO Liquidation Amount Bank Check# Chk Date Check Amount Sen 2391 DEPT OF JUSTICE CENTRAL SERVICES 106 -23 -5000 6,108.00 11/10/99 298.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4655 CONFIDENTIAL INVESTIGATIVE SERVICES AP 114014 11/10/99 884.85 Claim#t General Description 27504 PRE -EMPLY B.ACKCROONG 1NVESTI0ATION PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount. Amt Discount Used Net Amount 5904 C 2119569 10/-5/99 884.85 0.00 884.85 GL Distribution Gross Amount Description 100 -25 -5000 884.85 1 EA PRE- EMPLOYMENT BACKGROUND INVESTIGATION PO Liquidation Amount Bank Check# Chic Date Check Amount Sep 100 -25 -5000 884.85 AP 114016 11/10/99 7,875.00 Arend## Vendor Name Bank Check# Chk Date Check Amount Sen 2391 DEPT OF JUSTICE CENTRAL SERVICES AP 114015 11/10/99 298.00 Claim# General Description 27505 PROCESS (3) POLICe, OPFICERS (3) DISPATC14ERS (3) RECORDS SPECIALISTS PO# Stat Contract# Insroice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/01/99 298.00 G.00 298.00 GL Distribution Gross Amount Description 7.00 -25 -5000 298.00 PROCESS APPLICANTS Vend" Vendor Name Bank Check# Chic Date Check Amount Sep 1514 DETENTE ESCROW CORP AP 114016 11/10/99 7,875.00 Claim# General Description 27556 FIRST TIME JLJOMEBT7YERS CELIA RUIL -1760 PUENTE AV — ESCROW -430630 -10 ** PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/02/99 7,875.00 0.00 7,875.00 GL Distribution Grass Amount Description 122 -43 -5620 7,875.00 CELIA RUIZ CCS.AP .Accounts Payable Release 5.7.4 N *APR700 By SANDRA A {SANDRA) Nov 22, 1999 02:34pm Page 6 Check History. Bank AP Check. pates 00 /00 /00 to 99/99/99 Check #'s 113998 to 114143 fiend## Vendor Name Bank Check# Chk Dane Check Amount Sep 1980 DEWAN, LUNDIN &.ASSOCIATES AP 114017 11/10/99 14,440.00 Claim# General D©scriution 27523 RECONST /OVERLAY PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5599 0 BP -020 -1 10/20/99 6,100.00 0 -00 6,100.00 GL Distribution Gross Amount Description 118 -53- -5000 -808 3,050.00 1 EA PROVIDE INSPECTION FOR S'T'REET IMPROVEMENT PROJECT CIP 808 AND 819 118 -53- 5000 -819 3,050.00 1 EA *x DISTRIBUTION OF COST *t PO Liquidation Amount 11.5 -53- 5000 -8fl8 3,050.0fl 118 -53 -5000 -819 3,050.00 Claimli General Description 27524 CIP 850 RECON'ST /OVERLAY PO# Stat Contract## Invoice ## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5867, 0 BP- 022 -1 10/28/99 8,340.00 0.00 8,340.00 GL Distribution Gross Amount Description Description 114 -53 -5020 -850 8,340.00 1 EA PROVIDE CONSTRUC'T'ION STAKING CENTERLINE TIES POP FY99 -2000 GAS TAX 1 EA RENEWAL, OF GSBOY SUPPORT AGREEMENT 547568 FOR 12/01/99 THROUGH STREET !MPROVEMFNT PROJECT, CIP850A 114- 53 -502n-850 0.00 1 EA INSTALL PERMANENT BENCH MARKS Amount PO Liquidation Amount 130 --58 -5210 270,63 114 -53 -5020 -850 8,340,00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 348 FEDERAL EXPRESS CORP AP 114018 11/10/99 15.75 C,a.aim# General Description 27525 EXPRESS MAIL AIR4811605228521. (W HARR18) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 7 -725 -92410 10/15/99 15.75 0.00 15.75 GL Distribution Gross Amount Description Description 107 -54- 529.0 15.75 #811605228521 - 14ARRIS 1 EA RENEWAL, OF GSBOY SUPPORT AGREEMENT 547568 FOR 12/01/99 THROUGH 'tend# Vendor Name Bank Check## Chk Date Check Amount Sep 4657 GASBOY' INTERNAT10NAL, INC. Amount AP 1.14019 11/10/99 270.63 Claim# General Description 27526 RENEW OF GASBOb' SUPPORT AGRE"HNT 12/1/99- 12/1/Q0 PO## Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount: TJsed Net Amount 5906 C V547568 10/11/99 270.63 0.00 270.63 GL Distribution Gross Amount Description 130 -58 -5210 270.63 1 EA RENEWAL, OF GSBOY SUPPORT AGREEMENT 547568 FOR 12/01/99 THROUGH 12/01/2000 PO Liquidation Amount 130 --58 -5210 270,63 CCS,AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 7 Check history. Bank; AP Check Dates 00/00/00 to 99/99/99 Check #`s 113998 to 114143 Vend## Vendor Name Bank Check# Chic Date Check Amount Sep 390 GENTRY BROTHERS, INC. AP 114020 11/10/99 250,337.70 Claim# General Description 2 "1527 RECONST /OVERLAY CIP 850 PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net .Amount 5885 0 1 2.1101199 250,337.70 0.00 250,337.70 GL Distribution Gross Amount Description 208.96 0.00 114 -53 -5020 -850 250,337.70 1 EA CONSTRUCT FY1999 -2000 CAS TAX STREET IMPROVEMENT PROJECT, CIPBSOA 114 -53 -5020 -850 0.00 1 EA CONTINGENCIES 0 10% 372.15 150 RA H4113 MINI POLICE EADGE, SILVER w /GOLD PO Liquidation Amount OFFICER." ON TOP RIBBON. "BALDWIN PARK PD" ON 114 -53- 5020 -550 250,337.70 Amount ---------------------------°__----------------__--_-_°_--_-_----_-__----------------------__- Vends Vendor Name 100 -25 -5210 372.14 ___------- Bank Check# _---- ------- ---_ - --. Chk Date Check Amount Sep 400 GRAINGER AP 11.4021 7.1/1.0/99 739.59 Claim# General Description 27528 MISC ELECTRICAL PARTS/ SUPPLIES PO# Stat Contract# Invoice## 5334 C 457 - 894721 -2 457 - 894722 -0 457- 123105 -9 457 - 475209 -5 457- 556513 -1, 930- 829732 -5 457 - 868641 -4 457 - 868640 -6 GL DistribUtlon 100 -57 -5210 127-57 -5210 PO _Liquidation 100 -57 -5210 127..57 -5210 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 10/14/99 12.33 C.00 1.2.33 10/34/99 134.89 0.00 134.89 10/15/99 66.60 0.00 65.60 10/22/99 177.96 0.00 177.96 10/25/99 129.42 0.00 119.02 10/26/99 166.63 0.00 166.63 10/27/99 4.59 0100 4.59 10/27/99 57.57 0.00 57.57 Gross Amount Description 443.75 1 EA * * ** ANN -CAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 " " ELECTRICAL PARTS AND SUPPLIES 295.64 1 EA ** DISTRIBUTION OF COST ** .Amount 448.64 299.12 Vend#$ Vendor Name Bank Check## Chk Date Check Amount Sep 2815 R &H INDUSTRIES AP 11.4022 11/10/99 372.15 Claim## General Description 27506 MINI POLICE BA GE Pp# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount used Net Amount 5295 C 851 08/25/99 163,19 0.00 163.19 742 07/02/99 208.96 0.00 208.96 GL Distribution Gross Amount Description 100 - 25-5210 372.15 150 RA H4113 MINI POLICE EADGE, SILVER w /GOLD RIBBONS AND EMBLEM. "POr,ICE OFFICER." ON TOP RIBBON. "BALDWIN PARK PD" ON CENTER RIBBON PO Liquidation Amount 100 -25 -5210 372.14 CCS.AP .Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02;34pm Page 6 Check History. Hank AP Check Dates 00 /00/40 to 99/99/99 Check # "s 113998 to 2.14143 Vend# Vendor Name Bank Check# Chk Date Check Amount- Sep 4666 HANSON INVESTIGATION AP 114023 11/10/99 2,475.43 Claim# General Description 27507 BACKGROUND INV28TICATX0N PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5916 C BP99 -1021D 10/21/99 811.91 0.40 811.91 BP99 -1021A 2.0/21/99 839.19 0.00 839.18 BP99 -1020 10/20/99 824.34 0.00 824.34 GI, Distribution Gross Amount Description 100-25 -5000 811.91 1 EA BACKGROUND INVRSTICATSON (OOSHUA HENDRICKS) 100 -25 -5000 839.18 1 EA BACKGROUND :INVESTIGATION (JESSIE GARCIA) 100 -25 -5000 824.34 1 EA BACKGROU'N INVESTIGATION (DONNA CROW) PC Liquidation Amount 100 -25 -5000 2,475.43 -------------------°_°°_----_°°__--------------------------------------------------------------------------------------------------- Vend4 Vendor Name Bank Check# Chk Date Check Amount Sep 4467 HONEYWELL, INC, AP 114024 11/10/99 251.00 Claim# General Description 27529 RBP,AIR -WEST UNIT PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5404 0 61514B450 10/26/99 251.00 0.00 751.00 GL Distribution Gross Amount Description 1CO -57 -5000 251.00 1 FA -- ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2060 * * ** HVAC REPAIRS NOT COVERED BY CONTRACT PC Liquidation Amount 100 -57 -5000 251.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1504 IR.VENT S DAWSON AP 114025 11/10/99 2,423.16 Claim# General Description 27508 CONSUT -riING SERVICES (127 HRS) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5514 O 0 11/08/99 7,423.16 0100 2,423.16 GL Distribution Gross Amount Description 100 -26 -5000 2,423.16 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * *'* EMERGENCY MANAGEMENT SERVICES PO Liquidation Amount 100 -26 -5000 2,423.16 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 9 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 113998 to 1,14143 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3323 J.C.'S PLUMBING AND BACKFLOW AP 114026 11/10/99 1,863.79 Claim## General Description 2'/530 PLUMBING SRV PO{# Stat Contract# Invoice;,' Invc Dt Gross Amount !Discount Amt Discount Used Net Amount 5338 0 1988 10/07/99 87.06 0.00 87.06 GL Distribution 1993 16/18/99 696.31 0.00 696.31 100 -72 -5210 -203 2002 10/19/99 552.01 ().Cu 552.01 vend# Vendor Name 2005 10/25/99 526,41 0.00 528.41 GL Distrihuticn Gross Amount Description AP 114029 11/10/99 657.73 100 -57 -5000 1,115,27 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PLUMBING SERVICE AND PARTS 127 -57 -5000 745.52 ;. EA ** DISTRIBUTION OF COST ww PO Liquidation Amount ].00 -57-5{100 1,118.27 127 -57 -5000 745.52 'wend;# Vendor Name Bank Check# Chk. Date Check Amount Sep 510 JET RESEARCH LAB INC AP 114027 11/10/99 543.34 Claim## General .Description 27509 DIGITAL CAMERA PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5279 C: 30935 06/17/99 543.34 0,00 543.34 GL Distribution Gross Amount Description 102 -42- 5745 -014 543.34 1 EA SONY MAVICA DIGITAL CAMERA, FD73 PO Liquidation Amount 102 -42 -5745 -014 543.34 Vend# Vendor Name .Bank Check# Chk Date Check Amount Sep 2696 JOHN SINCLAIR VINYL LETTERS & GRAPHICS AP 114028 11/10/99 66.82 Claim# General Description. .27510 VINYL LETTERS AND BANNERS PO# Stat Contract# Inveicer# Invc Dt Gross .Amount Discount Amt Discount Used Net Amount 0 11/08/99 66.82 0.00 66.82 GL Distribution Gross Amount Description 657.73 1 EA * * ** ANl+itiAL PUCHASE ORDER FOR FISCAL YEAR 100 -72 -5210 -203 66.82 'BTTERS /BANNERS EXTRAORDINARY MAINTENANCE OF TRAFFICE SIGNALS AND HIGHWAY SAFETY LIGATS, CCS.AP Accounts Padahie Release 5.7.4 vend# Vendor Name By SANDRA A ;SANDRA) Bank Check# Chk Date Check Amount Sep 2168 LOS ANGELES COUNTY DEPARTMENT OF AP 114029 11/10/99 657.73 Claim# General Description 27536 LABOR /EQUIP CHARGES THRU SEPT 15TH PO# Stat Contract## Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Asnunt 5608 0 ARD01524 10/22/99 657.73 0.00 657,73 GL Distribution Gross Amount Description 121-.56 -5000 657.73 1 EA * * ** ANl+itiAL PUCHASE ORDER FOR FISCAL YEAR 1999- 2000 * * ** ROUTINE AND EXTRAORDINARY MAINTENANCE OF TRAFFICE SIGNALS AND HIGHWAY SAFETY LIGATS, CCS.AP Accounts Padahie Release 5.7.4 N *APR700 By SANDRA A ;SANDRA) Check History, Bank AP Check Dates 00 /00 /00 to 99/99/99 Check#'s 113998 to 114143 PC Liquidation 121 -56 -5000 Amount 657.73 Nov 22, 1999 02:34pm Page 10 INCLUDES INTERSECTION'S SHARED WITH IRWINDALE +fend# 'Vendor Name Bank Check# Chk Date Check Amount Sep 995 LA SALLE NATIONAL BANK C/O ABN AMRO INC. AP 5.14030 11/10/99 3,177.60 Claim# General. Description 27534 LEASE #M99138 10/31/99- 11/29/99 PO# Stat Contract# Invoice# Inv( Dt Gross .Amount Discount Amt Discount Used Net Amount 5406 0 M99138- 007 -NOV I0/01,/99 3,177.00 0100 3,177.00 GL Distribution Gross Amount Description 100 -57 -5009 100 -57- 5760 -156 3,177.09 1 EA * * ** ANNUAL, PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 -- LEASE SERVICE (7/1/99 - 7/1/00) PAYMENTS FOR LIGHTING RBTROPIT PROGRAM 127 -57 -5000 PO Liquidation Amount PO Liquidation 100 -57- 5760 -156 --------------------------- 3,177.00 100 -57- 5000 ------------------- Vend# Vendor Name -------------------------------- — - ---- ---- -- -----._-_--_--'-_------____-_--.------------- Bank Check# Chk. Date Check Amount Sep 3516 T�AC VAiNTENANCE CO AP 1-14031 11/10/99 7,661.50 Claim# General Description 27535 JANITORIAL SRV {OCT) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5340 0 100299 10/20/99 7,661.50 0.00 7,661.50 GL Distribution Gross Amount Description 100 -57 -5009 4,596.90 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** JANITORIAL, SERVICE (7/1/99 - 7/1/00) 127 -57 -5000 3,064,60 1 SA ** DISTPIBUT10N OF COST ** PO Liquidation .Amount. 100 -57- 5000 4,596.90 127 -57 -5000 3,064.60 vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3660 LAWSON PROD13CTS AP 114032 11/10/99 701.03 Claim# General description 27531 STORAGE CABIN PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5407 C 779783 09/22/99 60.73 0.00 60.73 GL Distribution Gross Amount Description 100 --57 -5210 2.24 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * *w* TOOLS AND SUPPLIES 127 -5') -5210 58.49 1 EA ** DTSTRTBUTTON 0? COST ** 130 -SP -5210 0.00 1 EA ** DISTRTRUTION OF COST ** PQ Liquidation Amount 127 -57 -5210 90.30 Claim# General Description 27532 STORAGE CABIN PO# Stat Contract# Invoice## Inv. Dt Gross .Amount Discount Amt Discount Used Net Amount 5740 C 779783 09/22/99 148.06 0.00 149,06 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A {SANDRA) Nov 22, 1999 02:34pm Page 11 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 113998 to 114143 GL Distribution Gross Amount Description 100 -57 -5210 87.54 1 EA *-** ANNUAL, PURCHASE ORDER FOR FISCAL YEAR 1999- 2000 * * ** TOOLS AND SUPPLIES 127 -57 -5210 60.52 1 EA ** DISTRIBUTION OF COST ** 130 -58 -5210 0.00 1 EA ** DISTRIBUTION OF COST ** PO Liquidation Amount 100 -57 -5210 87,54 127 -57 -5210 60.52 Claim# General Description 27533 STOP-AGE CABIN PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5882 0 779,783 0S/22/99 492.24 0.00 492.24 GL Distribution Gross Amount Description 100 -57 -5210 375.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** TOOLS AND SUPPLIES 127 -57 -5210 117.24 1 EA. ** DISTRIBUTION OP COST ** PO Liquidation Amount 100 -57 -5210 375.00 127 -57 -5210 117.24 --_- __ °----------------- ----- - --... _-_--_------------ Vend# Vendor Name ---- ---- ------ ---- - - - -__. -------_--_----- __----- __---- Bank. Cheek# ___------ - -- - -- -------- Chk Date Check Amount Sep 3860 MILLAR ELEVATOR SERVICES CO AP 114033 11/16/99 232,35 Claim## General Description 27538 ELEVATOR MAINT -NOV PO# Stat Contract# invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5405 0 252276 11/01/99 232.35 0.00 232.35 GI, Distribution Gross .Amount Description 100 -57 -5000 232.35 1 EA x * ** ANNUAL PURCHASE ORDER POR FISCAI, YEAR 1999- 2000 * * ** ELEVATOR MAINTENANCE SERVICE PO Liquidation Amount 100 -57- 5000 232.35 ?rend$ Vendor game Bank Check## Chk Date Check Amount. Sep 3712 MR,. BILLS TRUE VALUE AP 114034 11110199 1,551.90 Claim# General Description 27537 MISC SUPPLIES PO# Stat Contract ## invoice# 5342 0 99336 99347 99348 99.353 99354 99356 59362 99364 993'70 GL Distribution 100 -57 -5210 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 09/24/99 32.07 0.00 32.07 09/30/99 64.42 0.00 64.42 10/06/99 66,20 0.00 68.20 10/12/99 75,74 4.00 75.74 10/12/99 20.17 0.00 20.17 10/14/99 41.25 0.04 41.25 10119199 49.25 0.00 49.25 10/20/99 13.15 0.00 13.15 10/25/99 65.19 0.90 65.19 Grass .Amount -Description 257.66 1 EA * * ** ANNCiAt, PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** HARDWARE SUPPLIES CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SAMMA A (SANDRA} .Nov 22, 1999 02e34pm Page 12 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check4ls 113996 to 114143 127 -57 -5210 171.78 1 SA ** DIBTRIGTIOU OF COST ** PO Liquidation Amount: 100 -57 -5210 257.66 127 -57 -5210 171.78 C:lai.m# General Description 27557 M.T.SC HARDWARE PO# 8tat Contract4 lrivbice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 6469 0 99264 05130199 955.48 0100 955.48 GL Distribution 99266 06/30/99 93.97 0.00 93.97 100 -00 -2206 --- -- ----__..--- - ----- ----------------------------------------------------__..._--------------------------------__------------------- 99271 06/30/99 73.01 0.00 73.01 GI, Distribution 10/21/99 7.33 Gross Amount Description Bank Check# Chk bate Check Amount Sep 1GO -64 -5210 15.97 3.,122.46 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 - 2000 * * ** HARWAR.E AND 11/10/99 585.59 10/27/99 31.34 RELATED SUPPLIES 31.34 10/27/99 6.65 PO Liquidation 6,65 Amount 0.00 29.25 100 -69 -5210 1,122.46 351.35 1 EA * *- A3NNUAL, PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 Vend# Vendor Name MAINTENANCE AND SUPPLIES Bank Check# Chk Date Check .Amount Sep 4342 NATIONWIDE RETIREMENT SOLUTIONS Amount AP 114035 11/10/99 8,736.29 Claim# General Description 2754! DEFFRRBL) COMP 422 P /E: 10/30/99 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount O 11/04/99 A,736.29 0.00 8,736.29 GL Distribution Gross Amount Description O.DD 33 1.40 100 -00 -2206 --- -- ----__..--- - ----- ----------------------------------------------------__..._--------------------------------__------------------- 8,736.29 DEF COMP #22 10/21/99 40.98 0.00 Vend# Vendor Name 10/21/99 7.33 0,00 Bank Check# Chk bate Check Amount Sep 683 HIC14OLS LUMBER. & FARDWARE 15.97 10/26/99 38.86 AP 114036 11/10/99 585.59 Claim# General. Description 27539 MISC SUPPLIES PO# Stat Contract# Invoice# 5344 0 547750 548966 551276 552258 .55267.7 552870 553059 553343 554457 554807 554621 555402 GL Distribution 100 -57 -5210 127 -57 -5210 PO Liquidation 100 -57 -527.0 1. 27 -57 -5210 CCS.AP Accounts payable Release 5.7,4 N *APR700 Invc Dt Gross Amount Oiscount Amt Discount Used Net Amount 10/04/99 8,18 0.00 8.18 10/07/99 37.91 0.00 37.91 10/15/99 6.90 0.00 6.90 10/19/99 331,40 O.DD 33 1.40 7.0/20/99 30.82 0,00 30.82 10/21/99 40.98 0.00 40.98 10/21/99 7.33 0,00 7.33 10/22/99 15.97 0.00 15.97 10/26/99 38.86 0.00 38.86 10/27/99 31.34 4.00 31.34 10/27/99 6.65 0.00 6,65 10/29/99 29.25 0.00 29.25 Gross Amount Description 351.35 1 EA * *- A3NNUAL, PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FACILITY MAINTENANCE AND SUPPLIES 234.24 1 EA ** DISTRIBUTION OF COST ** Amount 351.35 234.24 By SANDRA A (SANDRA) Nov 22, 1999 D2.34pm Page 14 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 113998 tp 114143 ..-----------------------.._-________-_---_-------------------__-----_--___-----------`----------- -- ------- -- ---- ------- -- -` -___ -_ -_ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4078 NORTHERN TOOL & EQUIPMENT CO. AP 114037 11/10/99 118198 Claim# General Description 27540 CANVAS TARP PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5600 0 719160 10/18/99 118.98 GL Distribution 0.00 118.98 GL Distribution Gross Amount Description 3,960.00 1 RA PROVIDE SIXTY CORE SAMPLES TO VERIFY STREET SECTIONS, CIP867 PO Liquidation 100 -57 -5216 71.39 3 EA 18526 -8940 8'x10' CANVAS TARP 3,960.00 65,763.47 127 -57 -5210 47.59 3 EA 18527 -6940 10'x3,2' CANVAS TARP Chk Date Check Amount Sep 664 PERS- RETIREMENT PO Liquidation Amcunt 11/1-0/99 66,780.01 AP 114040 100 -57 -5210 68.97 127 -57 -5210 47.59 .-------------_-.____,__________________________________....______---____-_-----__-____________________________-______-_--------__..-____-- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1899 P.A. & ASSOCIATES, INC. AP 114038 11/10/59 3,960.00 Claim# General Description 27542 EXISTING ST PAVEMENT INVESTIGATION ST CORING OF LA RICA FAIRGROVE & MANGUM ST PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5891 C H148 -101 11/01/99 3,960.00 0.00 3,950.00 GL Distribution Gross Amount Description GI, Distrihution Gross Amount 113 -53- 5000 -867 3,960.00 1 RA PROVIDE SIXTY CORE SAMPLES TO VERIFY STREET SECTIONS, CIP867 PO Liquidation Amount NOV PREM #20 &21 113 -53- 5000 -867 3,960.00 65,763.47 NOV PREM #20 &21 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 664 PERS- RETIREMENT Bank Check# AP 114039 11/1-0/99 66,780.01 Claim# General Description 27543 NOVEMBER. PRE.MI N PP42D-508.27 PP #21- 508.27 PO# Stat Contract# Tnvoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/09/99 66,780.03. 0.00 66,780.01 GI, Distrihution Gross Amount Description 100 -00 -2204 1,016.54 NOV PREM #20 &21 100 -00 -2304 65,763.47 NOV PREM #20 &21 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1039 PROCHEM, INC AP 114040 11/10/99 628.97 C-iaim# General Description 27544 OIL DRY' PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5752 C !6172 10/42/99 628.97 0.00 623.97 GL Distribution Gross Amount Description 100 -57 -5210 628.97 250 LB OIL DRY PO Liquidation Amount 100 -57 -5210 662.50 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SAUDRA A {SANDRA} Nov 22, 1999 02:34pm Page 15 Check history. Bank All Check Dates 00/00/00 to 99/99/99 Check #`s 113998 to !7.4143 vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3702 RALPH VILLASRNTQR PAINTING AP 114041 - 1/10/99 350.00 Claim## General Description 27545 PAINTING SRV !FINANCE DEPT) PO# Stat Contract# Invoice# Invc .qt Gross Amount Discount Amt Discount Used Net Ameu.nt 5345 0 104941 10/27/99 350,00 0.00 350.00 GL Distribution Gross Amount Description 100 -57 -5000 210.00 1 EA ** ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MAINTENANCE PAINTING 127 -57 -5000 140.00 1 EA ** DISTRTRUTwON OF COST �* PO Liquidation Amount 100 -57 -5000 210.00 127 --57 -5000 140.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1162 RICK VASQUEZ AP 114042 11/10/99 35.03 C,.aim1i General Description 27558 PAPER. BANNER WELCOME SIGN- HALLOWEEN FEST PO# Scat Contrast## Invoice# 0 GL Distribution 150 -00 -2172 Invc Dt Gross Amount 11/08/99 35.00 Gross Amount Description 35.00 RA1.LOWREN FEST viscount Amt Discount Used Net Amount 0.00 35,00 Vend# Vendor Name Bank Check# Chk Date Check Amount SeD 754 SAN GAB, VALLEY TRIBUNE AP 114043 11/7.0/99 136.16 Claim# General Description 27549 PUBLICATION S035709716A PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5920 C 35709 07/09/99 136 -16 0.00 136.16 GL Distribution Gross Amount Description 114 -53 -5000- 850 3.36.16 1 FA ADVER'T'ISEMENT (TWICE IN PAPER FOR CIP850, 1999 -2000 GAS TAX STREETS IMPROVEMENTS PROJECT, 7/9/99 - 7/16/99] PO Liquidation Amount 114-53 -5000 -850 !36.16 -___.------------------------------------------------------------------------------------------------------------------------------------ vc,nd# Vendor Name Rank Check# Chk Date Check Amount Sep 2773 SOUI'hERN CALIFORNIA EDISON COMPANY AP 7.14044 11/10/99 120.26 Claim# General Description 27546 SRV -14317 .MOR.GAN ST (SR HCUSING) 9/08/99 - 10/07/99 PO# Stat Contract# lnvoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5725 0 0 10/28/99 120.26 0.00 120.26 GL Distribaticii Gross Amount Description 102 -42- 5433-013 126.26 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 -- SERVICES RENDERED FOR BALDWIN PARK SENIOR HOUSING McNEIL MANOR PO Liquidation Amount 102 -42- 5433 -013 720.26 CCS.AP Accounts Payable Release 5.7.4 NH APR700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 17 Check History. Bank AF Check Dates 00 /00 /00 to 99/99/99 Check #'s 113998 to 114143 Tend# vendor Name Bank Check# Chk Date Check Amount Sep 4339 SOUTHERN CALIFORNIA SWIMING AP 114045 11/10/99 210,00 Claim# General Description 27512 REGISTRATION FEES SWIM. TEA'Mf ATHLETES FOR 2000 PO# Stat Contract# Invoice## 0 GL Distribution 150 -00 -2172 Invc Dt Gross Amount 11/08/99 210.00 Gross Amount Description 210.00 REGIST FEES Discount Amt Discount Used Net Amount 0.00 210.00 -------------------------------------------------°_--_----___----_---------------------_-_-----_-°_°__----`--`-_..'------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 788 STEWART FENCE a IRON AP 13.4046 11/7.0/99 1,925.00 -aim# General Description 27547 FENCE REPAIR 3257 ATSTOL ST PC# Stat Contract#- Invoice# Invc Dt Gress Amount Discount Amt Discount Used Net Amount 5876 C 7822 10/21/99 405,00 0.00 405.04 GL Distribution Gross Amount Description 117 -55- 5000- 172 405.00 1 EA REPAIR OF FENCE AT 3257 ATHOL STREET DUE'S TO DAMAGE CAUSED BY TRANSIT PASSENGERS LEANING ON THE FENCE PO Licuidation Amount 17,7 -55- 5000 -172 405.00 Cla.iml# General Description 27548 FENCE REPAIRS PO# Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5414 O 7812 10/19/99 350.00 0.00 350.00 71d03 10/21/99 350.DD 0.00 350.00 7799 10/21/99 820.00 0.00 820.00 GL Distribution Gross Amonnc Description 100 -57 -5000 912.00 1 EA " — ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** FENCE REPAIRS 127- -57 -5000 608.00 3. EA ** DISTRIBUTION OF COST ** PO Liquidation Amount 100 -57 -5000 912.00 127- 57 -50DO 608.00 Vend# vender Name Sank Check# Chk 'Date Check Amount Sep 248 SUSAN SAXE- CLIFFOkRD,PH.D AP 114047 11/10/99 325.00 claim# General Description 27513 PSYCHOLOGICAL EVALUATTM JAILER PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5917 C 9- 1021 -2 10/21/99 325.00 0.00 325.00 GL Distribution Gross Amount Description 100 -25 -5000 325.00 1 EA PSYCHOLOGICAL EVALUATION - SAILER (SERGIO ALANIZ) PO Liquidation Amount 100 -25 -5000 325.00 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02.34pm Page 18 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 113998 to 11.4143 -- --------------- ----- ---- ------- ------ ------------------------------- -------------------- °___-__-_...___-_----------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3932 TERMINIX IN'T'ERNATIONAL AP 114048 11/10/99 360.00 Claim# General. Description 27550 PEST CONTROL PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt. Discount Used Nee. Amount 5348 0 1232914 10/13/99 45.00 0.00 45.00 1232938 10/13/99 125.00 0.00 125.00 7.232921 10/13/99 50.00 0.00 50100 12326945 10/06/99 140.00 0,00 140.00 GL Distribution Gross Amount Description 100 -57 -5000 360.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -ZD00 * * ** PEST CONTROL 100 -57 -5000 0.00 1 EA * * ** ANNUAi, PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** BIRD CONTROL PO Liquidation Amount 100 -57 -5000 360.00 Vend# 'Vendor Name Sank Check#$ Chk Date Check Amount Sep 945 UNITED PARCEL SERVICE AP 114049 11110199 97.50 Claim# General. Description 27514 SHIPPING COST .""MOBILE DATA COMM PRAT' PO# Scat Contract# Invoice# Invc Dt Gross .Amount Discount Amt Discount Used Net Amount 9996025647 -409 10/02/99 97.50 0.00 97.50 GL Distribution Gross Amount Description 100 -25 °5210 97.50 MOBILE DATA. COM PRT Vend# Vendor Name Bank Check# Chk .pate Check Amount Sep 4541 TAUVERSAL SANITARY PRODUCTS AP 114050 12/10/99 258.95 Ceaneral. Description 27552 HAND CLEANER PO# Stat Contract## Invoice# Invc Dt Gross Amount- Discount Amt Discount Used Net Amount 5856 C 4876 10/25/99 258.95 0.00 258.95 GL Distribution Gross Amount Description 100 -57 -5210 129.47 .l BOX 2 /NACI1I #87004 KRESTO EF HAND CLEANER, 100 -57 -5210 129.48 1 EA ** DISTRIBUTION OF COST ** PC Liquidation Amount 100 -57 -5210 247.52 Vend#¢ Vendor Name Bank Check'# Chk Date Check Amount Sep 3895 USA ALARM SYSTEMS, INC. AP 114051 11/10/99 125.00 Claim, General. Description 2 1551 FIRE INSPECTION I1 /01/59 - 01/31/00 PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5418 0 29505 10/15/99 125.00 0.00 125.00 GL Distribution Gross Amount Description 100 -57 -5760 125.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ALARM CC-'-.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check418 113998 to 114143 PO Liquidation 100 -57 -5760 .Amount 125.00 EQUIPMENT LEASE AND SERVICE Nov 22, 1999 02:34pm Page 19 ----- -.---- --------- --- --- -- -- - --- ----.,__________________--_.________-___________--.-------------------------_..__-___--___-_-..____--- Vend.# Vendor Name Bank Check# Chk Date Check Amount Sep 750 VCA SANTA ANITA SMALL ANIMAL HOSPITAL AP 114052 11/20/99 32.75 Claim# General Description 27515 EXAM FEE (BARTJE) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5530 D 233706 10/29/99 32.75 0.00 32.75 GL Distribution Cross Amount Description 100 -23 -5000 32.75 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** CANINE MEDICAL CARE PO Liquidation Amount 100- 23 -50Q0 32.75 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3869 WAXIE SANITARY SUPPLY AP 114053 11/10/99 1£710,43 Claim# General Description 27554 MISC JANITORIAL SUPPLIES PO# Slat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5420 O 39758727 2.0/19/99 1,331.55 0.00 1,331.55 Description 39765953 10/28/99 378.88 0.00 378.88 GL Distribution PO Liquidation Grass Amount Description 100 -57 -5210 1,459.00 1,026.26 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1599- 2000 * * ** JANITORIAL SU @PLIES 127 -57- 5210 684.17 1 EA ** DISTRIBUTION OF COST ** PO Liquidation Amount 100 -57- 5210 1,026.26 127 -57 -5210 ---------------._---_°__---___..___------------------_-_------___---__-__---------------------__-._------------ 684.17 Vend# Vendor Name Dank Check# _-- °_-- ---- --- --- - - -- -_ Chk date Check Amount Sep 3415 WEST COAST ARBQRISTS, INC AP 114054 11/10/99 1,459.00 Claim# General Description 27553 REMOVE TREES CIP 850 PQ## Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5921 C 16487 10/15/99 1,459.00 0.00 1,459,00 GI, Distribution Gross Amount Description 114 -53- 5020 -850 1,459.00 1 EA REMOVE 'PRESS ALONG VARIOUS CITY STREETS FOR CIP850 PO Liquidation Amount 114 -53 -5020 -650 1,459.00 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1.999 02:34pm Page 20 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check # °s 113998 to 114143 Vend# Vendor ?Name Bank. Check# Chk Date Check Amount Sep 4583 WILSON & ASSOCIATES AP 114055 11/10/99 450.00 Claim# General Description 27516 PRE -EMPLY POLYGRAPH EXAM PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 58613 C 999157 09/30/99 450.04 0.00 450,00 GL Distribution Gross Amount Description 10G -25 -5000 450.00 3 EA PRE- EMPLOYMENT POLYGRAPH EXAM PO Liquidation Amount 100 -25 -5000 450.00 _------------------------_-__--_--_---_--------------___----__------_---_--_-----------------------__---_---_-_-_-._-__-_.------------- Vend# Vendor Name Hank Check# Chk Date Check Amount. Sep 1085 LEAGUE OF CALIFORNIA CITIES AP 114056 11/10/99 280.00 Claim# General Description 27568 NEW LAW & ELECTION SEMINAR 12/8 -10/99 KATHRYN V TIZCARENO PO# Stat Contract# Invoice# Invc Dt Grass Amount Discount Amt Discount Used Net Amount G 1.1/10/99 280.00 280.00 GL Distribution Gross Amount Description 100 -03 -5330 --------.------__...._....---------------------------------------------------- 280.00 K TIZCAR2NO- 12/8 -10 Vend# vendor Name .. ---------------------------------------- Bank Check# ...----------------`- Chk Date Check Amount Sep 664 PERS- RETIREMPNT AP 114457 11/10/99 44,016.12 Claim# General Description 27567 RBTIREMENT 922 P /E: 10/30/99 PO# Stat Contract#} Invoice# Invc Dt Gross Amount Discount Amt Discount Lased. Net Amount 0 11/10/99 44,016,12 44,016.3.'2 GL Distribution Gross Amount Description 10C -0G -2205 25,225.13 422 P/E 10-3G-99 100 -00 -2223 151.59 422 P/E 10 -30 -99 100 -00 -2365 18,639.40 #22 P/E 10- -30 -99 vend# Vendor Name Bank Check# Chk Date Check Amount Se_a 1858 UNITED PARCEL SERVICE AP 114056 11/17/99 32.67 Claim# General. Description 27678 I7.P.S, PICK -UP (LAPTOP COMPUTER) PO# Stat Contract# Invoice# 0 GL Distribution 100 -25 -5210 Invc Dt Gross Amount 7,1/17/99 32.67 Gross Amount Description 32.67 LAPTOP COMPUTER Discount Amt Discount Used Net Amount 32.67 CCS.AP Accounts Payable Release S.7.4 N *APR700 By SANDRA A SANDRA Nov 22, 1999 02:34pm Page 21 Check History, Banc AP Check Dates 00/00/00 to 99/99/99 Check##'s 113998 to 114143 Vend## vendor Name Bank Check# Chk Hate Check Amount Sep 3797 ATRTOUCki PAGING (AIRTOUCH PAGING) AP 114060* 11/17/99 22.78 Claim## General Description 27571 PAGERS -CODE ENFORCEMENT (NOV) PO# Stat Contract# Invoice# 2nvo Dt Gress Amount Discount Amt Discount Used Net Amount 5750 0 LS454952ZK 11/01/99 18.28 0.00 18.28 GL Distribution. Gross Amount Description 120 -47- 5210-031 18.28 1 EA :" ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PAGERS FOR CODB ENFORCEMNT PO Liquidation Amount 120 -47- 5210 -031 18.28 Claim# General Description 27572 PAGERS - COUNCIL (NOV) ACCT# L8- 454997 PO# Stat Contract#$ Invoice# Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 5751 O L8454952ZK 11/01/99 4.56 0.00 4.50 GL Distribution Gross Amount Description 1Q0 -01 -5210 4.50 1 FA * * ** AN"AL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PAGERS FOR CITY COUNCIL PO Liquidation 100-01-5210 Amount 4.50 +'end# Vendor Name Bank Check# Chk Date Check Amount Sep 229 AT &T (AT & T) AP 3.3.4061 11/17/99 284.69 Claim# General Description 27569 P.D. CELL PHGNES 422 -5255 422 -8441 422 -8442 422-8443 20# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5515 0 12670253 10/28/99 140.58 C.00 140,58 GL Distribution Gross Amount Description ]_00 -25 °5430 140.58 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** POLICE DEPARTMENT CELLULAR PHONES PO Liquidation Amount 100 -2, -5430 143.58 Claim# General Description 27570 P.D. - CELL PHONES 688 -1852 893 -1847 893 -1848 693 -1849 893 -1851 PO## Slat Contract# Invoice## Tnvc Dt Gross Amount Discount Amt Discount Used Net Amount 5513 0 27731082 10/28/99 144.11 0.00 144.11 GL Distribution Gross Amount Description 100-26 -5430 144.1-1 1 EA * * ** ANNUAL PURCHASE ORDER FOR FT.SCAL YEAR 1999 -2000 * * ** EMERGENCY OPERATIONS CENTER CELLULAR PHONES PO Liquidation Amount 100 -26 -5430 144.7.1 CCS.AP Accounts Payable Release 5,7.4 N *APR700 By SAND-IRA A (SAMARA) Nov 22, 1999 02c34pm Page 22 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 113996 to 114143 ------------------------°__--------------------- _--- -- _---- ____ - - -__- _------------------------ ---- ...__ --- --- __-------------- - - - - - -- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4452 BELLSOUTH WIRELESS DATA LP AP 114062 11/17/99 1,329.25 Claim# General Description 27657 OCT -LONG DISTANCE PO# Stat Contract# Invoice# Invc Dt Gros$ Amount Discount Amt Discount Used Net Amount Net Amount 5509 O 9100119181 11/02/99 1,329.25 0.00 1,329,25 760.88 GL Distribution Gross Amount Description 137 -28 -5745 1,329.25 1 EA * * *' ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 ** SUBSCRIPTION RUNNER 600 - LEASE TERHP 50 MONTHS c $656.70 PER FEE FOR CONNECTIVITY OF WIRELESS NETWORK COVERAGE FOR MOBILE DIGITAL ,TUNE,', 2000} COMPUTERS PO Liquidation Amotant 137 -28 -5745 1,329.25 Vend# Vendor Name Bank Check#} Chk Date Check Amount Sep 878 BEVERLY PLANTICO AP 114063 11/17/99 87.25 Claim# General Description 27576 REIMB MONTHLY EXPENSES PO4 Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/09/99 87.25 0.00 87.25 GL Distribution Gross Amount Description 150 -00 -2154 40.00 ADULT SOFTBALL 108 -72 -5210 -075 11.75 OVERNIGHT VAIL 100 -72- 5210 10.72 PROOF COPIES 150 -00 -2172 23.71 SUPPLIES- HALLOWEEN 100 -72- 5210 -203 1.07 SUPPLIES - PARADE Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 139 BUD= HOARD -UPS AP 114064 11/17/99 150.00 C:"Eaim# General Description. 27575 BOARD UP- 4931 ELTON ST PO# Stat Contract# Invoice# 299 GL Distribution 120 -47- 5000 -031 Invc Dt Gross Amount 10/25/99 150,00 Gross Amount Description 150°00 4931 ELTON ST Discount. Amt Discount Used Net .Amount. 0.00 150.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4550 CANON FINANCIAL SERVICES AP 1!406, 11/17/99 760.88 Claim# General Description 27577 LEASE PRINT SHOP COPIER PO# Stat Contract# Invoice# Invc Dt Gross Amount; Discount Amt Discount Used Net Amount 5675 O 1986295 11/01/99 760.88 0.00 760.88 GL Distribution Gross Amount Description 131 -14 -5210 -060 760.88 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 - 2000 * * ** CANON IMAGE RUNNER 600 - LEASE TERHP 50 MONTHS c $656.70 PER M7 N E (SFPTEMBER; :1999 - ,TUNE,', 2000} PO Liquidation Amount CCS -AP Accounts Payable Release 5.7.4 NIAPR700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 23 Check. History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 113998 to 114143 131 -14 -5210 -060 760°88 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3996 CHOICEPOINT SERVICES INC. AP 114066 11/7.7/99 311.00 Claim# General Description 27578 PROFILE COMP SELECT RPTS D ALACAYA Y. GOMEZ M ISLAS K KELLER A LOPEZ S RIVERA PO# Stat Contract# .invoice #4 Invc Dt Gross Amount Discount Amt Discount Used net Amount 95908 10/14/99 311.00 0.00 311.00 GL Distribution Cross Amount Description 100 -15 -5000 311.00 PROFILE COMP SELECT Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 108 CITY OF B.P. PAYROLL AP 114067 11/17/99 227,423.59 Claim# General Description 27656 PAYROLL DEPOSIT PP##23 P /E; 10/13/99 PO# Stat Contract## Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11116199 227,423.59 0.00 227,423.59 GL Distribution Gross Amount Description 140.37 24 100 -00 -1010 227,423.59 PAYROLL DEPOSIT 24 EA ASCO -F26 OUXIOR FOOTBALL vend# Vendor Name 81.00 36 Bank Check# Chk Hate Check Amount Sep 250 COLEN & LEE 36 RA 07211 TRIPLE THREAT FLAGS BELT, YELLOW, MEDIUM AP 114068 11/17/99 5,300.00 Claim;# General Description 27579 LIABILITY /WORKERS COMP (NOV) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Not Amount 5439 0 0 10/15/99 5;300.00 D.DD 5,300.00 GL Distribution Gross Amount Description 132 -16 -5600 5,300.00 1 EA * * ** ANNUAL PURCT -WR ORDER FOR FISCAL YEAR 1999 -2000 * *** LIABILITY AND WORKERS COMPENSATION ADMINISTRATION FOR CLAIMS PO Liquidation Amount 132 -16 -5000 5,300.00 ----------------------------------------------- -------------- - ----- --`----------°----------------------------------------------____-- Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 12'76 CONLIN EROS. DDA: SPORTS SUPPLY GROUP AP 114069 11/17/99 424.77 Claim## General Description 27580 FLAG FOOTBALLL- SLTPPLTES PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5620 C 111846 10/19/99 424.77 0.00 424.77 GL Distribution Gross Amount Description 150- 00`2154 140.37 24 EA ASCO -FB7 INTERMBDIATE FOOTBALL 150 - 00-2154 108.00 24 EA ASCO -F26 OUXIOR FOOTBALL 150 --00-2154 81.00 36 EA 07j2I,0 TRIPLE THREAT FLAGS BELT, RED, SMALL 150-60 -2154 81.DG 36 RA 07211 TRIPLE THREAT FLAGS BELT, YELLOW, MEDIUM 156 -00 -2154 14.40 6 EA 18j765 2" RED RUBBER KICKOFF TER PO Liquidation Amount 150 -06 -2154 424,77 CCS.AP Accounts Parable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02,34pm Page 24 Check History, Bank AP Check bates GG /00/00 to 99/99/99 Check #'s 113998 to 114143 _______________________________..__________-----_________---_-____________________-_.._-_--_--__-..___..-___--__-..________-------______- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2127 CORRECTIONAL SYSTEMS;INC AP 114070 11/17/99 16.038°14 Claim# General Description 27658 JAIL OPERATIONS (OCT) PO# Stat Contract# Invoice# Invc Dt Gress Amount Discount Amt Discount Used Net Amount 5495 0 1330 11/04/99 15,038.14 0.00 16,038.14 GL Distribution Gross Amount Description 100 - 22-5000 16,038.14 1 EA * * ** .ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** JAIL SERVICES PO Liquidation Amount 100- 22-SOOO 16,038.14 Vend# vendor. Name Bank Check# Ciik Date Check Amount Sep 1189 COUNTY OF LOS ANGELES DEPT OR PUBLIC WORKS AP 114071 11/17/99 170100 Cl,aimt€ General Description 27651 FILE RECORD OF SURVEY FOR CENTERLINE TIES 1999 -2000 GAS `L'AX ST IMPROVEMENTS CIP 850 /85CA PO# Stat, Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount. 5959 C 0 11/15/99 170.00 0.00 170.00 GL Distribution Gr65S Amount Description 114 -53 -5000 -850 170.00 1 EA FILE RECORD OF SURVEY FOR CENTER LINE TIES FOR 1999 -2000 GAS TAX STREET IMPROVEMENTS, CIP 850 AND 85pD, PO Liquidation Amount 114 - 535000 -850 170,00 Vend# Vendor Name Sank Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 114072 11/17/99 20.75 Claim# General Description 27659 CASE #BD0084335 FRANK MONARQUE PP 423 PAY DATE: 11 -18 -99 SS# 558 -23 -9400 PO-4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/15/99 20.75 0.00 20.75 GL Distribution Gross Amount Description 100 -00- 2231 20.75 F MONARQIIB vend# Vendor Name Bank Check# Chk Date Check Amount Sep 267 COI.= TRUSTEE AP 114073 11/17/99 586.48 Y ^laim# General Description 27561 CASE# GD0020433 ARMANDO LOPEZ S8# 547 -49 -91-87 PP 423 PAY DATE: 1/18/99 PO# Stat Contract.# Invcd.ce# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/15/99 586.48 0.0.0 566.48 GL Distribution Gross Amount Description 100 -00 -2231 586.48 A LOPEZ 423 -- --- ----------- - - -` -- -.._..,...__..-------------__°__°__--___------------_-_------------- _--- --- ---- -- ----- - °_ -- __- ----- --- -- ------ CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 25 Check History, Bank AP Check Dates 00 /00/00 to 99/99/99 Check #'s 113998 to 114143 vend# Vendor Name Bank Check# Chk Date Check Amount Sep 257 COURT TRUSTEE AP 114074 11/17/99 20.75 Y Claim# General Description 27660 CASE $13Y0335206 FRANK 140NARQUE PP #23 PAY DATE: 11 -16 -99 9S9a 556 -23 -9400 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/15/99 20.75 0,00 20.75 GL Distribution Gross Amount Description 100 -00 -2231 20,75 F MONARQUE PP #23 ----------------------------------------------------°__-__.---------------_-__-----_°_---------------------------------------_----__-- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 267 COURT TRUSTEE AP 114075 11/17/99 20.75 Y Claim# General Description 27661 CASE #EAD0066373 FRANK MONARQUE PP 423 PAY DATE:11 -18 -99 SS# 558- °23 -9400 PO# Stat Contract# Invoice# I Invc Dt Gross Amount D Discount Amt Discount Used N Net Amount 4 1 11/15/99 20.75 0 0.00 2 20.75 GL Distribution G Gross Amount Description 100 -00 -2231 2 20.75 F MONARQUE --------------------------------------------------------------------------- Claim# General Description 27662 CASE #CSD0021699 FRANK MONARQUE PP #23 PAY ➢ATE: 11 -18 -99 SS# 558 -23 -9400 PO# Stat Contract.# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 0 11/15/99 20.75 0.00 20.75 GL Distribution Gross Amount Description 100 -00 -2231 24,75 F MONARQUE PP #23 ------------------------------------------------------------------------ ----- ---- --- °_------ - - - - -- --------------------------__---- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2772 DANKA OFFICE IMAGING COMPANY AP 114077 11/17/99 649.50 Claim# General Description 27582 TONER PO# .Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5696 C 50094766 10/15/99 649.50 0.00 649.50 GL Distribution Gross Amount Description 131 -14- 5210 -060 699.50 6 EA CAT'AGORY #840 1408 EPRT 90/85 MONO BLACK TONER PO Liquidation .mount 131 -14- 5214 -056 698,50 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Claim# General Description 27582 TONER PO# .Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5696 C 50094766 10/15/99 649.50 0.00 649.50 GL Distribution Gross Amount Description 131 -14- 5210 -060 699.50 6 EA CAT'AGORY #840 1408 EPRT 90/85 MONO BLACK TONER PO Liquidation .mount 131 -14- 5214 -056 698,50 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02.34pm Page 26 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 113998 to 114143 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4332 DAVID GONZALEZ AP 114078 11/17/99 58.50 Claim# General Description 27583 REIMB EXPENSE PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 Ii /DB /99 58.50 0.00 58.50 GL Distribution Gross Amount Description 89.50 SEED BEADS 150 °00 -2172 58.50 REIMB EXPENSE Bank Check ## Chk Date Check Amount Sep Vend# Vendor Name ------- -_-- -- ---- --- ---- -_.._, Bank Check# Chk Date Check Amount Sep 293 DEPORTES JALISCO AP 114079 11/17/99 936.00 Claim# General Description 27584 PRINT LOGO (144 W^4T T- SHIRTS) Po# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 10/14/99 936.D0 0.00 936.00 GL Distribution Gross Amount Description 89.50 SEED BEADS 150 -00 -2154 ---------------------°°__-----------------___-_-- 936.00 PRINT LOGO Bank Check ## Chk Date Check Amount Sep Vend# Vendor Name ------- -_-- -- ---- --- ---- -_.._, ---------------------------------------------------------- Bank Check# Chk Date Check Amount Sep 2487 DTSCOU0,T SCHOOL SUPPLIES AP 1140BO 11/17/99 89.50 Claim# Genera]. Description 27585 SEED BEADS PO4 Stat Cont-ract## invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount D00448760004 08/26/99 69.50 0.00 89.50 GL Distribution Gross Amount Description GL Distribution Gross Amount 100 -75 -527.0 ------------------------------------ 89.50 SEED BEADS 101 -48 -5240 -020 '.-----------------"-`-----------"-"-----------------`-----------------------`-`-----`-`--------------------_------`-'----------------- --------------------------------- Vend# Vendor Name ______----____-----------------_.._.---._-_--_----.-----------_-- Bank Check ## Chk Date Check Amount Sep 311 DOWNTOWN RESEARCH & DEVELOP. CENI'E AP 114081 11/17/99 129.00 Claim# General Description 27586 1 YR SUBSCRIPTION P©## Stat Contract#¢ InvDi.ca# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/16/99 125.00 0.00 129.00 GL Distribution Gross Amount Description 101 -48 -5240 -020 '.-----------------"-`-----------"-"-----------------`-----------------------`-`-----`-`--------------------_------`-'----------------- 129.00 SUBSCRIPTION Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 311 DOWNTOWN RESEARCH & DEVELOP. CE.,NSE AP 114082 11/17/99 147.00 X Claim# Gererai Description 27587 SUBSCRIPTION DOWNTOWN IDEA EXC14ANGE PO# Stat Contract# Invoice# Invc Dt Gross Amount 0 11/09/99 147,00 GL Distribution Gross Amount Description 101 -48 -5240 -020 147.00 IDEA EXCHANGE CCS,AP Accounts Payable Release 5.7.4 N- APR700 Discount Amt Discount Used Net Amount 0.00 147.00 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 28 Check History. Bank AP Check_ Dates 00/00/00 to 99/99/99 Check#'s 113998 to 114143 ------------------------- . ------------------------------------------------- ---------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amour: Sep 1180 DURRAM TRANSPORT, AP 114083 11/17/99 248,42 Claim# General Description 27588 TRANSPORTATION YOUTH TRIP PO# Stat Contract.# Invoice# lnvc Dt Grass Amount. Discount Amt Discount Used Net Amount 5538 0 0207425 10/28/99 248,42 0.00 248.42 GL Distribution Gross Amount Description 117- 55-5000-055 248.42 1 EA * * ** ANNUAL PUkCkMSE OTtPER FOR FISCAL YEAR 1999 -2000 * * ** TRANSPORTATION FOR YOUTH TRIPS PO Liauidation Amount 117- 55 -50D0 -055 248.42 ..---------------------_------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check#$ Chk Date Check Amount Sep 344 EXPRESS TET, AP 114084 11/17/99 1.29 Claim# General. Description 2'7589 LONG DISTANCE PH USE (SEPT) PO# Stat Contract# Invoice# 764706 GL Distribution 131 -14- 5430 -064 Invc Dt Gross Amount. 09/20/99 1.29 Gross Amount Description 1.29 SEPT P14 USE Discount Amt Discount Used Net Amount 0.00 1.29 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 348 FEDERAL EXPRESS CORP AP 114085 11/17/99 14.00 Claim# General Description 27590 MAILING SERV (M CRAVENS) PC# Scat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount used Net Amount 7 -725 -53153 10/01/99 14.00 0.00 14.00 GL Distribution Gross Amount Description 102 -42- 5230 -013 :14.00 M CRAVENS Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 787 PRANK STEIN NOVELTY AP 114086 11/17/99 870.71 claim# General Description 27591 CANDY & TOYS HALLOWE'EN HAUNT PO# Stat Contract# Invoice# Snvc Dt Gross Amount Discount Amt Discount Used Net Amount 5858 C 19877 10/15/99 870.77, 0.00 870.71 GL Distribution Gross Amount Description 150 -00 -2172 127.92 10 PKS #J7 -10 C14OCOLATE JACK -6- LANTERNS 150 -00 -2172 71.98 10 PKS #J1 -10 TOOTSTE ROLLS 150 -00 -2172 86.37 30 LS #J2 -13. ASSORTED JOLLY RANCKERS 150 -00 -2172 71.98 10 PKS 4J1 -14 MILK DUDS 150 -00 -2172 52.78 10 PKS #J1 -12 FIZERRS 150- -00 -2172 119.96 10 PKS #J2-10 TOOTSIB ROLL POPS 150 -00 -2172 '71.02 4 PKS #A2 -11 EALLOWEEN TRICK OR TREATS 150 -00 -2172 71.98 30 DZ #P4 -11 HALLOWEEN PENCILS 7.50- -00 -2172 153.53 40 DZ #P4 -13 HAi.7.,OWE2,% 'ZINGS CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Check History. Bank AP Check Dates 00/60/40 to 99/99/99 Check #'s 113998 to 114143 150 -00 -2172 2O Liquidation 150 -00 -2172 43,19 20 DZ 4P4 -10 14ALLOWFEU ERASERS Amount 907.29 Nov 22, 1999 02:34pm Page 29 --------------------------------------------- -_. --------------------------------------------------------------------------------------- vend#¢ Vendor Name Bank Check## Chk Date Check Amount Sep 4288 GST IV AP 114087 11/1,7/99 1,506.82 Claim## General Description. 27594 LONG DISTANCE PH USE (SSPT) PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5432 O 2001632 10/01/99 1,508.82 0.DD 1,508.82 GL Distribution Cross Amount Description 131 -14- 5430 -064 1,508.82 I EA * * ** ANNUM, PURCHASE ORDP -R FOR FISCAL YEAR 1_999 -20OG * * ** LO1VG DISTANCE TELEPHONE USAGE PO Liquidation Amount 131 -14- 5430 -064 1,508,82 ----__-_-_----'-_°__--_°---------------------------°_---------------------------------------------------``------`--_-`---°°------------ %)end# Vendor Flame Bank Check# Chk Date Check .Amount Sep 391 GTE CALIFORNIA AP 114088 11/17/99 6,496.29 Claim## General Description 27592 LOCAL PH 'USE -OCT 7.97 -9989 337 -4601 PC# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5433 0 0 10/28/99 6,345.47 0.00 6,345.47 GL Distribution Gross Amount Description 131 -14- 5430 -064 6,309.86 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** LOCAL OF TISTDRNET VIA LOCAL ISP TELEPHONE USAGE 131 -14 -5433 -064 35.6' VAN CLEAVE PO Liquidation Amount 131 -14- 5430 -0£4 6,343.47 Claim# General Description 27593 PH SERVICE FAMILY 32RV CENTER (626 85I -3676) PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt: Discount Used Net Amount 5546 0 6 10/16/99 150.82 0.00 150.82 GL Distribution Gross Amount Description 100 -72 -5430 150.82 1 EA * * ** P -NNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- 2000 * * ** TELEPHONE SERVICE AT THE FAMILY SERVICE CENTER (626) 857-3676 PO Liqui.daticn Amount 100 -72 -5430 1.50.82 - - -- - -- -----------._-.-.._---_-°°-----------------------'__"_-_---°_----------------------_.-__------_----- _-- °_-- _--------- --- -__ - °_ Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 4182 GUS NETWORK AMERICA INC. AP 114089 11/17/99 350.00 Claim# General Description 27595 INTERN'-'T FRAME RELAY FO# Stat Contract# Invoice# Invc Dt Gross Amount discount Amt Discount Used Net Amount 5438 O 23403 11/01/99 350.00 Q.00 350.(30 Gds Distribution Gross .Amount Description 131 -13 -5724 350.00 1 FA -- *- ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- 2000 * * ** CONNECTION OF TISTDRNET VIA LOCAL ISP CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 30 Check History. Bank AP Check bates 00/00/00 to 99/99/99 Check # °s 113998 to 13.14143 PO Liquidation Amount 131 --13 -5724 350.04 Vend# Vendor Name Bank Check# Chk Date Check. Amount Sep 4684 IKAC AP .,14090 _1/17/99 55.00 Claim# General Description 27653 SWIM TEAM MEET REGIST PQ# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/15/99 55.00 0.00 55.00 GL Distribution Gross Amount Description 0.00 216.00 150 -00 -2172 55.00 SWIM TEAM MEET REGIST GL Distribution Vend# Vendor Name Description 216.00 HALLOWEEN ?EST Bank Check# Chk Date Check Amount Sep 1957 IMAGE PRINTING S38.75 252.79 ANNIVERSARY PARADE AP 114091 11/17/99 466.78 Claim# General Description 27596 FLYERS - HALLOWEEN FEST/ CELEBRATE BP PARADE PO# Stat. Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount Net Amount 11433 11/02/99 252.78 0.00 252.78 0.40 13.342 16/19/99 216.00 0.00 216.00 GL, Distribution 0.00 Gross Amount Description GL Distribution 150 -00 -2172 Description 216.00 HALLOWEEN ?EST 117 -55 -5000 -055 100 -72- 5440 2.43 S38.75 252.79 ANNIVERSARY PARADE ORDER FOR FISCAL YEAR 1999- 2000 * - ** PkOVIDE Vend# Vendor Name TRANSPORTATION FOR SENIOR Bank Check# Chk Date Check Amount Sep 1179 INIA.ND EMPIRE STAGES, LTD. Amount AP 114092 1_1/17/99 838.75 Ciaim# General Description 27597 TRANSPORTATION SR TRIPS PO# Stat Contract# Invoice#{ Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5540 O 102199 10/21/99 424.75 0.40 424.75 101499 10/14/99 414.00 0.00 414.00 GL Distribution Gross Amount Description 117 -55 -5000 -055 S38.75 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- 2000 * - ** PkOVIDE TRANSPORTATION FOR SENIOR CITIZEN TRIPS PO Liquidation Amount 117 -55 -5000 -055 838.75 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 517 NOBS AVAILABLE AP 114093 11/17/99 395.60 Claimg General Description 27598 ADS: ASST ENG P,K. INSPECTOR I.S. ANALYST PRINC PLANNER PO# Seat Contract# Invoice# Invc Dt Gross Amount 921007 10/12/99 395.60 GL Distribution Gross Amount Description 100 -15 -5240 92.00 ASST ENG 100-15 -5240 92.00 P.W. 1NSPC 100 -15 -5240 101.24 T.S. ANALYST 100 -15 --5240 110.40 PRINC PLANNER CCS.AP Accounts Payable Release 5.7.4 N-APR700 Discount Amt Discount Used Net Amount 0.00 395.60 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Pane 32 C22eck History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 113998 to 114143 ---__--__-_-------------------------____°_----- _-- __- ------------- ---- _ --__. -_.. .-----------_---..______-_----------------_-_---- Vend# Vendor Name 'bank Check# Chk Date Check Amount Sep 520 K & V- BLUEPRINT SER. AP 114094 11/17/99 113.66 claim# General Description 27599 PLANNING ZONE MAP PO# Stat Contract## Invoice# Invc Dt Gross Amount. biscount Amt Discount Used Net Amount 5310 C PS47569 10/19/99 113.66 0.00 113.66 GL Distribution Gross Amount Description GL Distribution Gross Amount 100 -45 -5440 113.56 20 EA PLAA7NTNG ZONE MAP 131 -14- 5210 -060 PO Liquidation Amount INVOICE 424462' (PRINTSHOP PAPAER RESTOCK) 100 - 45--5440 - - -------------------------------------°_-_--__---- 105.00 Vend## Vendor Name -__-- ----- ---- ----- __--- -- -___ _---____--_-_-------------- Bank Check# ---- --- ------- _ -_ - - -_ Chk Date Check Amount Sep 527 KELLY PAPER AP 114095 11/17/99 4,003.58 Chaim## General Description 27600 PRINT SHOP PAPER PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5861 C 244621 20/15/99 4,003.58 6,00 4,003.58 GL Distribution Gross Amount Description 131 -14- 5210 -060 4,003.58 1 EA PAYMENT OF INVOICE 424462' (PRINTSHOP PAPAER RESTOCK) 110 Liquidation Amount 131 -14 -5210 -060 4,003.58 vend# Vendor- Name Bank Check)# Chk Date Check Amount Sep 4424 KENT DA;"ACOVAN KENT ELECTRONICS CO. AP 7.14096 11/17/99 343.62 Claim# General .Description 27601 WIRE MANAGEMENT PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5672 0 2333531 10/27/99 343.62 0.00 343.62 GL, Distribution Gross Amount Description 131 -13 -5724 0.00 5 EA WR1936J, S -3, HANGING WALL RACK 131- -13 °5724 343.62 7 EA WMPFI, WIRE MANAGEMENT 131 -13 -5724 0.00 10 EA 5144, CABLE HANGERS, 3.43 "Hx2.25 "wX2.90 "D 131, -13 -5724 0.00 PO Liquidation Amount 131 -13 -5724 343.62 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 526 KEYSTONE UNIFORMS AP 114097 11/17/99 475.03 C:laiM4 General Description 27602 MSSC ONIFORMS /SUPPL,IES PO# Stat Contract# Invoice# 5520 0 97'799 97617 97621 97618 97620 CCS.AP Accounts Payable Release 5.7.4 N- APR700 Invc Dt Gross Amount Discount Amt Discount used 11/09%99 84.81 0.00 11/02/99 208,09 0.00 11/02/99 45.42 0,09 11/02/99 1.06 o.aa 11/02/99 135.54 Q,OQ Net Amount 84.81 208.09 45.41 1.O9 135.64 By SANDRA A (SANDRA) Nov 22, 1999 02.34pm Page 33 Check History. Hank AP check Dates 00/00/00 to 99/99/99 Check #`s 113998 to 114143 GL Distribution Gross Amount Description 100 -25 -5210 475.03 1 EA " " ANNUAL PURCHASE ORDER FOR FTSCAT, YEAR 1999 -2000 * * ** POLICE DEPARTMENT UNIFORMS AND SUPPLIES PO Liquidation Amount 100 -25 -5210 475.03 ------------------------------------------ - -------------------------------------------------------------------------------------- - -_ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 586 L.A_ CO METROPOLITAN TRANSPORTATION AUTHORITY AP 114098 11/17/99 7,251.00 Claim# General. Description 27605 BUS PASS SALES -OCT PO# Stat Contract# Invoice# TnVC Dt Grass Amount Discount Amt Discount Used Net Amount 5547 O 10990237 09/25/99 2,553.00 0.00 2,553.00 10990238 09/25/99 4,698.00 0.00 4,696.00 GL Distribution Grass Amount Description Bank Check# Chk Date Check Amount Sep 104 -00 -2066 4,386.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** BUS PASS SALES 117 -55- 5000 -054 2,865.00 1 EA ** DISTRIBUTION OF COST ** PO Liquidation Amount 100-00 -2066 4,386.00 117 -55 -5000 -054 2,865.00 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 3268 LIEHERT, CASSIDY a FR12RSOU AP 114099 11/17/99 394.50 Claim#$ General Description 27603 PROFESSIONAL SRV NELSOM -135. CLEMONS- 214.50 OLD MATER -145. PO## stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 10/13/99 394.50 0.00 394.50 GL Distribution Gross Amount Description 100 -04 -5000 394.50 SERV RENDERED Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4661 LTLIANAN TRIVIONOS AP 114160 11/17/99 4.00 C3aim# General Description 27604 'REFUND YOUTH TRIP (HUNTINGTON 2EAC14) PO# Stat Contract# Invoice#i Invc Dt GrOSS Amount Discount Amt Discount Used Net Amount 0 11/09/99 4.00 0.00 4.00 GL Distribution Grass Amount Description 150 -00 -22.72 4.00 REFUND Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1312 LORENA RUENO AP 1141-01 11/17/99 1,255.25 Claim# General Description 27652 GYMNASTICS PROGRAM PO# Stat Contract#; Invoice# Invc Dt Gross Amount 0 11/15/99 1,258.25 G1, Distribution Gross Amount Description 150 -00 -2172 1,258.25 10/37.- 12/ls/99 CCS.AP Accounts Payable Release 5.7.4 N *APR700 Discount Amt Discount Used Net Amount Q.00 1,258.25 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 35 Cheek History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 17.3998 to 114143 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4415 MANNING, IMARDER. & WOLFE 45TH FIR © FIRST INTERSTATE TOWER AP 114102 11/17/99 90.00 Clad.:n# General Description 27607 SRV ' INu SEPT 30, 1999 PO4 Stat Contract# Invoice# Invc Dt Gross Amount Discount .Amt Discount Used Net Amount 13696 14/12/99 90,00 0.00 90,00 GL Distribution Gross Amount Description. 100 -04 -5000 90.00 SEPT SERV Vend# Vendor Name Bank Check# Chk Date Check. Amount Sep 517 MARIPOSA 74ORTT- CULTTIRAL AP 114103 11/17/99 1.698.79 Claim# General Description 27608 LANDSCAPE MAINT LITTLE LEAGUE FIELDS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 16009 10/31/99 1,698.79 0.00 1.,698.79 GL Distribution Gross Amount Description 127 -68 -5000 ..__---.--_-_--__.._.._- 1,698.79 LITTLE LEAGUE FIELDS ---------------------'-'---------------------------`--------`-----`-'----------------- Ven.d# Vendcr Name --- Bank Check# ---- -- _..- --- ---- _..__-- --- -- Cnk Date Check Amount Sep 4563 MHNA AMERICA BUSINESS CARD AP 214104 11/17/99 136.40 claiM4 General Description 27606 CRRDIT CARD PMT STEVE CERVANTES -OCT PO# Stat Contracts Invoice# Invc Dtt Grass Amount. Discount Amt Discount Used Net Amount 5474 -9764 -9868 -2662 11/04/99 136.40 0.00 135140 GL Distribution Gross Amount Description 100 -41 -5330 136.40 S CEPI7ANTES -OCT Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 853 MICHAEL SALAS AP 114105 11/17/99 68.64 C'l.aim# General Description 27609 REIMS EXPENSE PO# Stat Contract# Invoice#¢ Invc Dt Gross Amount Discount Amt. Discount Used Net Amount 0 11/09/99 68.64 0.00 68.64 GL Discribution. Gross Amount Description 100 -72 -5210 17,09 BATTERIES 150- -00 -2172 45.12 BALES OF HAY 150 -00 -2154 6.43 TIES -BASKETBALL NETS CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 36 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s :1.13998 to 114143 Vend# Vendor Name Bark Check# Chic Date Check Amount Sep 1129 MR. BILL'S AP 114106 11/17/99 269.38 Claim# General Description 27610 3 EASY UPS PO# Stat Contract# Invoice# Inva Dt Gross Amount Discount .Amt Discount Used Net Amount 48.90 CR99335 10/7.5/99 334.50 0.00 - 334.50 101 -41 -5210 99359 14/15/99 603.88 0.00 603.88 GL Distribution Bank Check# Chk Date Check Amount Sep Gross Amount. Description LEASE PROGRAM FOR MAILPRO SYSTEM (IS1 /SYSTEM; MPR37AR, MIAILPRO 150 -00 -2172 PO Liquidation 269.38 3 EASY UPS Vend# Vendor Name 441.78 Bank Check# Chk Date Check Amount Sep 3788 NATIONAL INI'ORM.A.TION DATA CENTER Bank Check# Chk Date Check .Amount Sep AP 114107 11/3,7/99 48.90 Claim# General Description 2'7611 ZIP CODE /POST OFFICE DIRECTORY PO4 Stat cont.r'act# 1nvoice#3 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/09/99 48.90 0.00 48.90 GL Distribution Gross Amount Description Gross Amount 101 -41 -5210 48.90 ZIP CODE DIRECTORY 131 -14 -5760- -061 'Tend# Vendor Name 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 - 2000 * * ** MUNICIPAL Bank Check# Chk Date Check Amount Sep 3960 NEOPOST LEASING LEASE PROGRAM FOR MAILPRO SYSTEM (IS1 /SYSTEM; MPR37AR, MIAILPRO AP 114108 11/17/99 991.79 21aim# General Description 27612 LEASE IS1 MATLPRO SYSTEM 10/27- 11/26/99 PO# Stat Cont.ractg Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5733 0 2139025 10/26/99 441.78 0.00 441.78 GL Distributior: Gross Amount Description 131 -14 -5760- -061 441.78 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 - 2000 * * ** MUNICIPAL LEASE PROGRAM FOR MAILPRO SYSTEM (IS1 /SYSTEM; MPR37AR, MIAILPRO MRPT2 /MiATL) PO Liquidation Amount 137., -14 -576'0 -061 441.78 Vend# Vendor Name Bank Check# Chk Date Check .Amount Sep 4682 NE1'E'IORK SOLUTIONS, INC. AP 114109 11/17/99 35.00 C7,ai7q# General Description 27613 WORLD WIDE WEB HOSTING PO# Stat Contract# Invoice# :invc Ot Gross Amount Discount Amt Discount used Net Amount 11856850 10/31/99 35.00 0.00 35.00 GL Distribution Gross Amount Description 131 -13 -5000 -145 35.00 WEB HOSTTNG CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A {SANDRA} Nov 22, 2999 02e34pm Page 37 Check History. Bank AP Check Dates 00 /00 /00 to 99/99/99 Check##'s 113996 to 114143 vend# Vendor Name Bank Check# Cihk Date Check Amount Sep 683 NICHOLS LUMBER & FIAROwARE AP 114110 11/17/99 308.59 Claim# General Description 27614 SAFETY VEST/ENS TAPE PO# Stat Contract# Invoice# 555363 GI, Distribution 100 -51 -5210 Claim#; General Description 27615 MISC SUPPLIES PO4 Stat Contract# Invoice# 5503 C 546130 547020 GL Distribution 114 -59-- 527,0 -093 PO Liquidation 114 -59- 5210 -093 Claim## General Description 27616 MISC SUPPLIES PO# Stat Contract# Invoice# 5882, 0 547020 551354 552147 GL Distribution 114 -59 -5210 -093 PO Liquidation 114 -59 -5210 -093 Claim# General Description 27617 MISC SUPPLIES Invc Dt Gross Amount Discount Amt Discount Used Net Amount 10/29/99 69.04 0.00 69.04 Gross Amount Description. 69.04 SAFETY VEST /ENG TAPE Invc Dt Gross Amount Discount Amt Discount used Net Amount 09/28/99 74.81 0.00 74.81 09/30/99 20.71 0.00 20.71 Grass Amount Description 95.52 1 EA * * ** ANNUAL PURCHASE Okd.DER FOR FISCAL YEAR 1999 -2000 + * ** MISCELLANEOUS PAINT AND HARDWARE SUPPLIES Amount 95.52 Invc Dt Gross Amount Discount Amt Discount Used Net Amount 09/30/99 61.52 0.00 61.52 10/15/99 11,45 0.00 11.45 10/19/99 51.90 0.00 51.90 Gross Amount Description 124.87 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** PAINT SUPPLIES Amount 124.&7 PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5541. 0 551559 10/16/99 19.16 0.00 19.16 GL Distribution Gross Amount Description 100- 72-521_0 19.16 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MISCELLANEOUS SUPPLIES FOR RECREATION PROGRAMS AND ADULT SPORTS PROGRAMS 150 -00 -2154 0.00 1 EA ** DISTRIBUTION OF COST ** YO Liquidation Amount 100 - 72-5210 19.16 -------------------------------- ---------------- .------------ .,,-------------------------------------------------------------------------- CCS.AP Accounts Payable Release 5.7.4 N*APR.700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Pane 38 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 113998 to 114143 Vend# Vendor Name Bank Check.# Chk Date Check. Amount Sep 1332 OCR CREDIT CORPORATION DEPARTMENT 1570 (OCE --USA, INC.) AP 114111 11/17/99 1,122.04 Clair# General Description 27618 LEASE COPIER POLICE DEPT /ENG DEPT PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5423 0 422334 11/01/99 488.20 0.00 488.20 GL Distribution Gross Amount Description 0.00 14,40 131 -14- 5760 -06'2 488,20 1 EA AN -VUAL PURCHASE ORDER FOR FISCAL YEAR 1999 --2000 * * ** LEAST: 5962 AGREEMENT FOR TWO (2) OCE' 3045 COPIERS (ONE (1) FOR POLICE DEPT RECORDS - 5977 SERIAL #12210. ONE (1 FOR EiTGTiQRERT?+TG DEPT - SERIAL #12333) PO Liquidation 131 -14- 5760 -062 Amount 488.20 Claim# General Description 27619 COPIER MAINT POLICE DEPT /ENG DEPT CUSTOMER #403317 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5429 0 412925 10/08/99 458.64 0.00 458.84 423.334 1{7/16/99 175.00 0.00 175.00 GL Distribution Gross Amount Description 131 -14 -5210 -062 633.84 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEARA 1995 -2000 * * ** MAINTENANCE CONTRACT FOR TWO (2) OCR' 345 COPIERS (ONE FOR POLICE DEPT RECORDS, SERIAL 4122:.0, ONE FOR ENGINEERING, SERIAL #12333) PO Liquidation Amcant 131-14 -5210 -062 633.84 -- -- ------- -- ------------ ._-- - - -_ -, .-_- _.___---- ------------ _-- _. - -__ -_-_____._____---..- -- --------------- __- __- __ - - - -_ _- __-. - - --- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 655 ONE HOUR PHOTO PLUS AP 114112 11/17/99 105.49 Claim# General Description 27620 DEV /PRINTS PO# Stat Contract# Invoice# Invc Tat Gross Amount Discount Amt Discount Used Net Amount 5519 0 5944 09/30/99 15.91 0100 15.91 5951 10/02/99 14.40 0.00 14,40 5958 10/04/99 26.52 0.00 26.52 5962 !!/06/99 8.83 0.00 8.83 5977 10/13/99 9.71 0.00 9,71 6002 10/20/99 10.55 0,00 10.55 60Q6 10/22/99 10.77 0.00 10.77 6019 10/27/99 8.80 0,00 8.80 GL Distribution Gross Amount Description 100 -25- 5210 105.49 1 EA * * ** ANNUAL 'PURCHASE ORDER ROR FISCAL YEAR 1999 -2000 * * ** FILM AND DEVELOPMENT PO Liauidation Amount 100 -25 -5210 105.49 CCS.AP Accounts Payable Release 5,7.4 ti *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 39 C History. Hank AP Check Dates 00/00/00 to 99/99/99 Check #'s 1.13998 to 114143 Vend# Vendor Name Bank Check# Chk Date Check. Amount Sep 3234 PARTY CITY AP 114113 11/17/99 94.61 Claim# General Description 27622 MISC SUPPLIES PO# Stat Contract# Invoice# Snvc Dt Gross Amount Discount Amt Discount Used Net Amount 5445 D 0 10/21/93 094.61 0.00 94.61 GL Distri.buticn Gross Amount Description 150 -00 -2172 94.61 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999- -2000 * * ** DECORATION 131. -13 -5724 68.00 4 EA POWER SUPPLY. SUPPLIES FOR SPECIAL EVENTS (NOT TO EXCEED PURCRASE ORDER TOTAL) Po Liquidation Amount 150 -00 -2172 94.61. Vend# Vendor Name ._-- .,-- _- __ - -_- _--_-___-_-____________ ____________________--- Bank Check# Bar.), Check# Chk Date Check Amount Sep 4012 PC CASTLE, INC. AP 114115 AP 114114 11/17/99 100.26 Claim# General Description 27621 AT POWER SUPPLY ATX POWER SUPPLY PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount: Amt Discount Used Net Amount 5919 C 2873 11/10/99 100.26 0.00 100.26 GL Distribution Gross Amount Description 131 -13 -5724 32.26 1 EA POWER SUPPLY, COMPUTER, ATX 131. -13 -5724 68.00 4 EA POWER SUPPLY. COMPUTER, AT PO Liquidation Amount 131-13-5724 100.26 - -- .- -- ______- -_.____________ _______________ Vend# Vendor Marne ._-- .,-- _- __ - -_- _--_-___-_-____________ ____________________--- Bank Check# .- ---- -- . -_ -_ ___ Chk Date Check Amount Sep 4384 PENINSULA INVESTIGATIONS AP 114115 11/17/99 3,466.27 Claim# General Description 27623 INVESTIGATIVE SRV 204 Stat Contract# invoice# 9902 -26 GL Distribution 100 -15 -5000 Tnvc Dt Gross Amount 10/18/99 3,466.27 Gross Amo:int Description 3,466.27 INVEST SRV Discount Amt Discount Used Net Amount 0.00 3,466.27 vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4201 PLAZA MOTEL AP 114116 7.1/17/99 550.00 Claim# General Description 27624 FEES REFERRALS- OVERNIGHT STAYS PO# .Scat Contract# Invoice# Invc Dt Gross Amount Discount Amt. Discount Used Net Amount 0 11/09/99 550100 0.00 550.00 GL Distribution Gross Amount Description 120 -43- 5000 -085 550.00 VOUCHER PRG ------------------------ --------------------------------- - ---------------------------------------------------- --- -- -- --- ---- ----- _ - - --- CCS.AP Accounts Payable Release 5.7,4 N *APR'700 By SANDRA A (SANDRA) Nov 22, 1999 02:34pm Page 40 Check History. Bank AP Check Dates 00/00/00 to 99199199 Check #`s 113998 to 114143 Vend# Vendor Name Bank. Check# Chk Date Check Amount Sep 899 ROBERT DELGADO AP 114117 11/17/99 36.60 Claim# General. Description 27573 COURSE COORDINATORS SEMINAR (LUNCH/MILEAGE) S.A.A, (LUNCH /MILEAGE) PO## Stat Contract# ',lnvoi.ce# 0 GL )Distribution 150-00 -2183 Claim# General Description 27574 ASSESSMENT WORKSHOP MUNCH /MILEAGE} Invc Dt Gross Amount 11/04/99 26.25 Gross Amount Description 26.25 OCT EXPENSE Discount Amt Discount Used Net Amount 0.00 26.25 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 10/04/99 22,35 0.00 12.35 GL Distribution Grass Amount Description CL Distribution Gross Amount 106 -25- -5330 _------_-°---------------- 12.35 ASSESSMENT WORKSHOP 130 -58- -5270 ----- ---- --- ----- Vend# Vendor Name -------- -- - --- ------ - - °___ .__--_--__-_,_--°.----------.-------------------__-___--__---- Bank Check#} Chk Date Check .Amount Sep 4552 S &J PARTS & SERVICE (DEMPSEY & SONS) 12.00 AP 114116 11/17/99 3,795.51 Claim# General Description 27626 REPLACE MUFFLER -STUMP GRINDER, HR METER & CARBERATOR PO# Stat Contract# Invea.ce## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5831 C 2678 09/23/99 274.51 0.00 274.51 CL Distribution Gross Amount Description 130 -58- -5270 84.51 1 FA REMOVE AND REPLACE M�7FP'LER ON STUMP GRINDER ;UNIT #5044) 130 - 58-5270 12.00 1 EA REMOVE AND REPLACE HOUR METER %30-58 -5270 130 -58 -5270 178.00 1 EA REMOVE AND REPLACE CARPERATOR vend## Vendor Name PO liquidation Amount Bank Check.# Chk Date Check Amount Sep 4185 SAN BERNARDINO C14ILD S13PPORT 130 -58 -5270 274.51 AP 114119 11/17/99 50100 Claim# General Description 27627 REPLACE LONG BLOCK ASSEMBLY ON STUMPER PO# Stat Contract## Invoice# l.nvc Dt Gross Amount Discount Amt Discount Used Net Amount 5690 C 2678 09/23/99 3,521.46 0.00 3,521.00 Gb Distribution Gress Amount Description 130 -58 -5270 3,521.00 1 EA REMOVE AND REPLACE LONG BLOCK ASSEMBLY ON STUMPER PO Liquidation Amount %30-58 -5270 3,521,00 vend## Vendor Name Bank Check.# Chk Date Check Amount Sep 4185 SAN BERNARDINO C14ILD S13PPORT AP 114119 11/17/99 50100 Claim# General Description 27626 CASE #ODA014933 G PIERRO SS-4 555 -D4 -4364 PP #23 PAY DATE: 11/18/99 PO# Stat Contract# Invoice# Invc Dt Gross Amount 0 11/15/99 50,00 GL Oistr.ibution Gross Amount Description 100 -00 -2231 50.00 G FIERRO CCS.AP Accounts Payable Release 5.7.4 N *APR700 Discount Amt Discount Used Net Amount 0.00 50,00 By SANDRA A (SANDRA) Nov 22, 1999 02.34pm Page 42 Check History, Bank AP Check Dates 00/00/00 to 99/99/96 Check #'s 113996 to 114143 --------------------------------------------------- ------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4186 SAN GABREIEL VALLEY ECONOMIC PARTNERSHIP AP 124120 11/17/99 480.00 Claim# General. Description 27629 1999 ECONOMIC OUTLOOK "CONFERERNCE EXHIBITOR PACKAGE" "3 -PACK TTCKET PACKAGE" PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/04/99 480.00 0.00 460.00 G1, Distribution Gross Amount Description GL Distribution Gross Amount 101 -48- 5240 -020 480.00 M PICALO 150 -00 -2154 ------------------- ----- ------------------------------------------ Vend## Vendor Name ---------------------------------------------------------------------- Bank Check# Chk Date Check Amount Sep 1578 SCMAF .. --------------------------- AP 114121 11/17/99 190.00 Claim# General Description 27625 FLAG FOOTBALL CERTIFICATION KITS SOFTBALL RULE BOOKS PO## Stat Contract# Invoice#t Invc Dt Gross Amount Discount A-mt Discount used Net Amount 0 17./09/99 190.00 0.00 190.00 GL Distribution Gross Amount Description 150 -00 -2154 190.00 KITS /RULE BOOKS -------------------------------------------- Vend## Vendor Name .. --------------------------- . --------------------------------------------------------------- Hank Check# Chk Date Check Amount Sep 4545 SIGN & BANNER FACTORY AP 114122 11/17/99 3.89.44 Claim# General Description 27630 BANNER /AIR BRUS14 PAINT PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5672 C 10069 08/14/59 189.44 0.00 189.44 CL Distribution Gross Amount nescription 1'30 -72 -5210 160.59 1 BA 4X10 BANNER 100 -72 -5210 28.75 1 EA AIR BRUSH PAINT PO Liquidation Amount 100 -72 -5210 197.71 .-------- ---- ----- ------ ----- --- --'__ -.- ` - - - - -- ------------------------------------------------------`--`---------'---------------- Vend## vendor Name Bank Check# Chk Date Check Amount Sep 1099 SMART L FINAL AY 114123 11/17/99 259.81 Claim#{ General Descr.i.ption 27631 MISC SUPPLIES PO# ,Stat Contract# :invoice#{ 602776 GL Distribution 100 -72 -5210 -203 Claim# General Description 27632 SUPPLIES -SR CENTER Invc Dt Gross Amount 11/05/99 232.82 Gross Amount Description 232.82 MISC SUPPLIES Discount Amt Discount Used Net Amount 0.00 232.82 PO# Stat Contract# invoi.ce# Invc Dt Gross .Amount Discount Amt Discount Used Net Amount 5542 0 062862 10/13/99 26.99 0.00 26.99 GL Distribution Grass Amount Description 100 -73 -5210 26.99 1 EA * * ** P.S-NUAL PURCHASE ORDER FOR FISCAL YEAR 1999-2000 * * ** SUPPLIES CCS.AP Accounts Payable Release 5 -7.4 N *APR700 By SANDRA A (SANDRA) Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Check##`s 113999 to 114143 PO Liquidation 100 -73 -5210 Amount 26.99 AND COFFEE FOR SFNZOR CITIZEN CENTER Nov 22, 1999 02:34pm .Page 43 -__-____-°°-----------------------------------------------------------------_--_-------------------------_-__---_--_°___-_-__.------ Vend# Vendor Name Bank Check¢# Chk Date Check Amount. Sep 4651 SMS SYSTEMS MAINTENANCE SERVICES, INC. AP 114124 17./17/99 640.50 Claim# General. Description 27633 COMPUTER HARDWARE MAINT PO# Stat Contract#k Invoice#$ Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5892 0 0112787 °.IN 11/01/99 640.50 0.00 640.50 GL Distribution Gross Amount Description 131 -13 -5210 640.50 1 EA w * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 * * ** ON SITE COMPUTER MAINTENANCE AGREEMENT COVERING THE DEC ALPHA 1000 AND PERIPHERALS (EFFECTIVE OCTOBER 1, 1999; $640.50 PER MONTH) Po Liquidation 131 -13 -3210 Amount 644,50 Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 1185 AIRGAS (SO -CAI, AIRGAS) AP 114125 11/17/99 131.14 Claim# General Description. 27637 FILL HELIUM TANKS PO# Stat Contract# Invoice## Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5442 0 670104 10/07/99 65.57 0.00 65.57 700599 7.0/28/99 65.57 0.00 65.57 GL Distribution Gross Amount Description 150 -00 -2172 131.14 1 EA * * ** ANNUAL PURCHASE ORDER POR FISCAL YEAR 1999- 2000 * * ** FILL H27,jum TAN FOR SPECIAL EVENTS (NOT TO EXCEED PURCHASE ORDER TOTAL) PO Liquidation Amount 150 -00 -2172 131.14 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2521 SOLID SYSTEMS CAD SERVICES, INC AP 114126 11/17/99 387.00 Claim## General Description 27634 MAINT AGREEMENT 11/1- 11/30/99 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5435 0 822569 11/01/99 387.00 0.00 367.00 GL Distribution Gross Amount Description 131 -13 -5260 387.00 1 EA * * ** ANNUAL PC712C9AE ORDER FOR FISCAL YEAR 1999 -2000 * * ** MAIN'T'ENANCE AGREEMENT ON HEWLETT PACKARD EQUIPMENT PO Liquidation Amount 131 -13 -5260 387.40 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A {SANDRA) Nov 22; 1999 02:34pm Page 44 Check history. Bank AP Check Dates 00/00/00 to 99/99/99 Check #'s 113998 to 114143 --___-_-_..------------------°_°__-_-_-_-___---------------_--..---_--__---------°__-------_--------------------------------____-_---- vend# Vendor Name Sank Check# Chk Date Check Amount Sep 4339 SOUTHERN CALIFORNIA SWIMMING AP 114127 11/17/99 60,00 Claim## General Description 27635 SWIM TEAM MEET REGISTRATION PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount G 11/7.5/99 60.00 0.00 60.00 OLnistri.bution Gross Amount Description 150 -00 -2172 ___---°__ 60.00 REGIST _-- --- ------ ------- ----- - ---- -- 'Vend# Vendor Name ---------------------------.----___-----_--___°_-----_°___--------_-_----------------.-_---- Bank Check# Chk Date Check Amount Sep 4339 SOUT?PERN CALIFORNIA SWIMMSNG DEVELOPMENT DEPT. AP 114126 11/17/99 25,50 Y Claim# General Description 27663 SWIM TEAM ALTRLETE REGISTRATION PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount. Used Net Amount 0 11/15/99 25.50 0.00 25_S0 GT, Distribution Gross Amount Description 150 -00 -2172 25.50 RESIST Vend,', Vendor Name Bank Check# Chk Plate Check Amount Sep 783 "STAMP OUT" DEVELOPMENT DEPT. AP 114129 11/17/99 40.92 Claim# General Description 27636 4- ENGRAVRD SIGNS COUNCIL CHAMBERS PO## Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt DiscounC Used Net Amount 99022639 10/21/99 40.92 0.00 40.92 GL Distribution Gross ,Amount Description 100 -57 -521.0 40.92 SIGNS COUNCIL CHAMBERS Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 186 STATE OF CALIFORNIA EMPLOYMENT DEVELOPMENT DEPT. AP 114530 11/17/99 14,303.60 Claim# General Description 27655 ST TAX DEPOSIT PP #23 P /E: 11/13/99 PO4 Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/7.6/99 14,303.60 0.00 14,303.60 GL Distribution Gross .Amount Description 100 -00 -2221 14,303.60 PP #23 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 989 STATE,' OF CALIFORNIA FRANCNISE TAY BQARD AP 114131 11/17/99 88.37 Claim# General Description 2'7654 2'7654 CASE 9393501827 GARY C SPRY PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/15/99 86.37 0.00 88.37 GL Distribution Gross Amount Description 100 -00 -2231 88.37 C SPRY CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02s34pm Page 46 Check History. Bank AP Check Dates 00/00/00 to 99/99/99 Cll�eck##'s 113998 to 114143 Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4661 STITCHES UNTFORMS & EMBROIDERY AP 114132 11/17/99 2,288.38 Claim# General Description 27636 YT14 FLAG FOOTBALL SHIRTS PO# Stat. Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5909 0 2902 10/21/99 2,288.38 0.00 2,288.38 GL Distribution Gross Amount Descriptions 75.00 1 EA * * ** ANNUAL PURCHASE ORDER 150 -00 -2154 2,273.36 414 EA YOUTH FLAG FOOTBALL SHIRT (SML -2B, MED -7.27, LRG -167, XLRC -80, PO Liquidation Amount XXLRG -12) 100 -72 -5210 150 -00 -2154 7.5.00 3 EA.SCREEN COST --------------------------------- .. ------ .--------------------------------------------------------------------------------------------- Vend# Vendor Name PO Liquidation Amount 4683 THE PUBLIC RETIREMENT JOURNAL 150 --00 -2154 ---------------------------------------------------------------------.._----_----__-______----_---------------------------_---_-___-_- 2,288.3B Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4504 THE DPUMBELL MAN FITNESS EQUIPMENT AP 114133 11/17/99 75.00 Claim# General Description 27639 LABOR- WEIGI3T ROOM EQUIP PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5586 0 10485 10/22/99 75.00 0.00 75.G0 GL Distribution Gross Amount Description 100 -72 -5210 75.00 1 EA * * ** ANNUAL PURCHASE ORDER FOR FISCAL YEAR 1999 -2000 -- LABOR, PARTS AND REPLACEMENT EQUIPMENT FOR THE COMMUNITY CENTER WEIGHT ROOM PO Liquidation Amount 100 -72 -5210 75.00 --------------------------------- .. ------ .--------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chit Date Check Amount Sep 4683 THE PUBLIC RETIREMENT JOURNAL AP 114134 11/17/99 150.00 Claim# General Description 27642 RETIREMENT TRAINING SEMINAR 11/19/99 MICHELLE ALVES PO# $tat Contract# Invoice# 0 GL Distribution 100 -15 -5330 Invo Dt Gross Amount 11/04/99 150.00 Gross Amount Description 150.00 M ALVES Discount Amt Discount Used Net Amount 0.00 150.00 %Tend#¢ Vendor Dame. Bank Check# Chk Date Check Amount Sep 2585 THE SHREDDERS AP 114135 11/17/99 50.00 Claim## General Description 27640 SHREDDING SRV PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5512 O 11752 76/37./99 50.00 0.00 50.00 GL Distribution Gross Amount Description 100 -29 -5210 50.00 1 EA * * ** A=1 AL PURCHASE ORDER FOR FISCAL YEAR 1999-2000 * * ** SHREDDING SERVICES PC Liquidation Amount 100 -29 -5210 50.00 CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Nov 22, 1999 02.34pm Page 47 Check History, Bank AP Check Dates 00/06/60 to 99/99/99 Check #'s 113998 to 114143 -------------- ---------------- ___ --------------------------------------------------------------------------- ._-----_-__-_--_----------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 814 TROPHY WORLD AP 114136 11/17/99 1,267.55 Claim# General Description 27641 TROPHIES -ITSY & MINI BASKRTRALL /PARR E PO# Stat Contract# Invoice#¢ Invc Dt Gross Amount Discount Amt Discount Used Net Amount 13414 10/26/99 709.25 0100 769.25 13424 11/04/99 558.30 0.00 558.30 GL Distribution Gross Amount Description 1 EA * * ** ANNUAL P,MCHASE ORDER FOR FISCAL YEAR 199.9 -2000 * * ** 150 -00 -2154 709.25 ITSY -EITSY & MINI PRE--EMPLOYMENT PHYSICALS AND OTHER REQUIRED PHYSICALS 150 -00 -2172 558.30 PARADE Bank Check#k ------------------------ .- ._- ..--- -- ----- Vend# Vendor Name --- - - - -_ -- - -__-----_-----_--_---------------------------_-___-_---°__-----_---------------- Bank Check# Chk Date Check Amount Sep 695 U,S, 14RAT,THWORKS MEDICAL GROUP CITY OF INDUSTRY MBDICAL CENTER {U.S. REAL AP 114137 21/17/99 341.00 Claim# General Description 27643 PRE- EMPLOY -MENT PHYSICAL & DRUG SCREENS B .HR'RNANDEZ G SPRY M ISLAS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt niscount Used Net Amount 5440 0 25 -15350 -0999 09/30/99 281.00 0.00 281.00 GL Distribution Gross Amount Description Cross Amount 132 -16 -5000 281.00 1 EA * * ** ANNUAL P,MCHASE ORDER FOR FISCAL YEAR 199.9 -2000 * * ** 60.00 TB TESTING -REC STAFF PRE--EMPLOYMENT PHYSICALS AND OTHER REQUIRED PHYSICALS PO Liquidation. Amount 132 -16 -5000 28!,00 Claim## General Description 27644 TA TESTING -REC STAFF D CASTILLO A MARTINEZ V CARBA7AL A PIUEROA R LARA D ROJO PO# Stat Contract## 'invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 25 -15350 -0999 09/30/99 60,00 0.00 60,00 GL .Distribution Cross Amount Description 132 -16 -5000 60.00 TB TESTING -REC STAFF --------------------------------------.__----------------------__°_-----_-°_-------------------------------------`-------------------- Vend## Vendor Name Bank Check#k Chk irate Check Amount Sep 397 U.S. OFFICE PRODUCT8 AP 114138 12/17/99 644.83 C_7aim4 General Description 27645 COPY PAPER PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5895 C DIAM0696 7.0/20/99 644.83 0.00 644,83 GI, Distribution Grass Amount Description 131 -14 -5210 -062 644.83 30 CTN #US008110 COPY PAPER, 8.5x11, 20#, WHITE PO Liquidation Amount 131 -14- 5210 -0G2 909.30 _..-----------------._-----°_------_-_-_-----------------__-_--_----- _---- ---- -- -- ------ -- - - - -- --- -- ---- — - ------- '-- -- - -` -`- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA A (SANDRA) Ncv 22, 1999 02 34pm Page 48 Check History. Bank AP Check Dates 00 /00/00 to 99/99/99 Check #'s 113998 to 114143 ----------------------- ---------------------------------------------------- --_-_-------°_--__-_----°_--..__-_----------------_-___- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1.858 UNITED PARCEL SERVICE AP 114139 11/17/99 8.27 Y Claim# General Description 27664 UPS PICK -UP (TRAINING BOOYSI FO# Stat Contract# Invoice# Invc Dt Gross Amount Discount .Amt Discount Used Net Amount 0 11/16/99 8.77 4.OG 8.27 GL Distribution Gross Amount Description GL Distribution Cross .Amount 100 -57 -5210 6.27 TRAINING BOOKS INK CARTRIDGES 131 -14 -5320 ------------------------------------------ .--------------------------------------------- Vend# Vendor Name REIMB MILEAGE ..... ---------------------------------------------- Hank Check# Chk Date Check Amount Sep 4246 VANESSA. PINRnA AP 114140 11/17/99 39.36 Claim# General Description 27646 REIMB MILEAGE PQ# Stat Contract# invoice# Invc Dt Gross Amount Discount 11mt Discount Used Net Amount 0 11/04/99 39.36 0.00 39.36 GL Distribution Cross .Amount Description 275.46 INK CARTRIDGES 131 -14 -5320 39.36 REIMB MILEAGE Bank Check# Chk Date Check Amount Sep ---------- ---- ------- --- ---------- -.` - --- ----`----------'---------------------------- Ve.nd# Vendor Name -- ---'---- °._-- _--- ___- Bank Check# _ - - ---- ----°___....------------ Chk Date Check Amount Sep 4120 VISUAL IMAGING PRODUCTS A9 114141 11/17/99 275.46 Claim# General Description 27647 INK CARTRIDGES cn0# Stat Contractor Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5128 11/16/99 275.46 0.00 275.46 GL Distribution Gross Amount Description 100 -52 -5210 275.46 INK CARTRIDGES Vend# 'Vendor Name Bank Check# Chk Date Check Amount Sep 1563 (WASTE MANAGEMENT) AP 114142 7.7,./17/99 158.45 (';_aim# General Description 27648 PORTALET SRV C4 SOF,,'.'BALL FIELDS PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 5549 0 1529 - 0055081 11%01/39 158.45 0.00 3.58.45 GL Distribution Gross Amount Description 150 -00 -2114 158.45 1 EA * * ** ANNUAL PL'RCIiASE ORDER FOR PISCAL YEAR 1999 -2000 * * ** PORTALFT SERVICE AT SOFTBALL. FIELDS PO Liquidation Amount 150 -00- 2154 158.45 _.._....---------------------------------..____----------------_------_--_----°_---__--------------------- --- ..--------- `--- ------ - -- ---- CCS.AP Accounts Payable Release 5.7.4 N *APR700 By SANDRA. A (SANDRA) Nov 22, 1999 02a34pm Page 49 Check History, Bank AP Check Dates 00/00/00 to 99/99/99 Check #`s 113998 to 114143 __. -------------------------- ...- ----------------------------_---_---_---__--------_------------ ----- --- ------ --- ---- -__._____ - -_____ vend# Vendor Name Dank Check$ Chk hate Check Amount Sep 102 BALDWIN PARK CHAMBER. OF COMMERCE AP 114143 11/18/99 105100 Claim# General. Description 27679 JOINT MIXER & LUNCHEON PO## Stat Contract# invoice## Invc Dt Gross Amount. Discount Amt Discount Used Net Amount 0 11/17/99 105.00 105.00 GL Distrihution Gross Amount Description 166 -61- 5330 -100 15.00 MIXER /LUNCHEON 160 -61- 5330 -102 15.00 MIXER /LUNCHEON 130 -01- 5330 -103 30.00 MIXER/ LUNCHEON Ian - 01-5a30 -104 30.00 M1XRR /UWCHE0N 101 -41 -5330 15.00 MIXER /YUNC920N Paid Checks; Blank pages purposely omitted ikon- issued "VOID" checks -'heck. Count 144 13, 16, 27, 31, 34, 41, 45 113999 Check Total 769;695.00 11409 PO Liquidation Total. 369,780.44 Dackup Withholding Total 0.03 Void Checks: Check Count 0 :heck Total PO Liquidation Total. 0.00 Backup Withholding Total 0.00 CCS.AP Accounts Payahle Release 5.7.4 N*APR760 By SANDRA A (SANDRA) Re CITY OF BALD II IN PARK is BALDWIN P `.m_A y R, K TO. City Council FROM. James B. Hathaway, Finance Director DATE: December 1, 1999 SUBJECT: Claim Rejection — Theresa Yrigoyen (99 002A) STAFF CITY COUNCIL AGEN sss 1U'R & co PURPOSE This report requests that the City Council reject the claim filed against the City by claimant Theresa Yrigoyen. 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 receive w6tten notification of said action. RECOMMEN®ATION It is recommended that the City Council reject the claim of Theresa Yrigoyen and direct staff to send the appropriate notice of rejection to claimant. Report prepared by. Rosemary M. Ramirez, Deputy City Clerk Kathryn V. Tiwareno City Clerk December 14, 1999 Ms. Theresa Yrigoyen 16826 Arrow Hwy Covina, CA 91722 RETURN RECEIPT REQUESTED RE: Claim Rejection Our File No. 99 -002A Dear Ms. Yrigoyen: Notice is hereby given, that the claim that you presented to the City Clerk of the City of Baldwin Park on September 23, 1999, was rejected by the City Council at their meeting held December 1, 1999. 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. Sir , RoeeKary-V. Ramirez Deputy City Jerk CC' Nadja Cole, Personnel /Risk Manager Susan Diotte- Garcia, Colen and Lee Roger Colvin, City Attorney CITY OF BALDWIN PARK-144C3 EAST PACIFIC AVENUE •BALDWIN PAPK,CA-9I706 •(626)813- 52I3,FAX(626 )962 -2625 CITY COUNCIL AGENDA DEC $ 1 1999 CITY OF BALDWIN PARK ST)WP BALD_ WIC P R R K TO: City Council FROM: Jose M. Nieto, Acting City Engineer DATE: December 1, 1999 SUBJECT: APPROVAL OF DESIGN AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF 199912000 CDBG - FUNDED SIDEWALK PROJECT, CIP 863 PURPOSE This report requests that the City Council approve the design and authorize staff to advertise and solicit bids for the construction of the 1999/2000 Community Development Block Grant (CDBG) funded Sidewalk Project, CIP 863, BACKGROUND At their meeting on May 5, 1999, the City Council approved the Statement of Community Development Objectives and the use of CDBG funds for funding the Sidewalk Program. This project consists of the construction of sidewalks, driveway approaches and handicap ramps and removal, as well as, replacement of damaged or raised sidewalk and curb and gutter along various streets. Attached is the list of project streets and the map showing the limits of the construction. DISCUSSION The Engineering staff completed the plans and specifications for the construction of the I✓Y1999/2000 CDBG- funded Sidewalk Project. CDBG funds in the amount of $133,000.00 have been appropriated for construction and inspection, as well as, project administration. City staff will perform all activities relating to inspection and project administration. It is anticipated that this project will be completed by the end of April 2000. FISCAL IMPACT CDBG funds in the amount of $133,000 were set aside for the construction of this project. Reviewed by: Approval of Design and Authorization to Advertise Construction of CDBG- Funded Sidewalk Project, CIP 863 December 1, 1999 Page 2 RECOMMENDATION It is recommended that the City Council approve the design and authorize staff to advertise and solicit bids for the construction of this project. REPORT PREPARED BY Nadeem Syed, Associate Engineer JNINSIvv alwpdacsls #affrptlstafrptslsff'f 2 -1.ns FY1999 -2000 CDBG SIDEWALK PROGRAM CIP 863 LIST OF PROJECT STREETS STREET LIMITS Gates Street Maine Avenue — Landis Avenue Cleary Drive Puente Avenue — Root Street Paddy Lane McDevitt Street — S, End Pacific Avenue Vineland Avenue — Big Dalton Avenue Dexter Street Big Dalton Avenue — Puente Avenue Landis Avenue Los Angeles Street — Ohio Street San Gabriel River Parkway Waco Street -- Cleo Street Auckland Street Syracuse Avenue — Barnes Avenue Vineland Avenue Pacific Avenue — Channing Street Frazier Street Grace Avenue — Foster Avenue c lwpaccslstaffrptlsiaPrpisls #t 2 -1.ns Ailk CP863 CITY COUNCIL AGENDA CITY OF BALDWIN PARK STAFF REM0R71 1999 BALDWIN ,r. A R K ITEM NO. TO: City Council FROM: Jose Nieto, Acting City Engineers DATE: December 1, 1999 SUBJECT APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE AND SOLICIT BIDS FOR THE INSTALLATION OF A NEW TRAFFIC SIGNAL AT CLARK STREET AND BALDWIN PARK BOULEVARD, CIP 853 PURPOSE This report requests that the City Council approve the plans and specifications for the installation of a new traffic signal at Clark Street and Baldwin Park Boulevard and authorize staff to advertise and solicit bids for this project. BACKGROUND AND DISCUSSION Within the last few years, residents in the vicinity of the intersection of Clark Street and Baldwin Park Boulevard have been requesting that the City install a traffic signal at this intersection because turning left from Clark Street into Baldwin Park Boulevard is not easy. On April 19, 1999 the City's Traffic Safety Committee reviewed staff's investigations and based upon the warrants, the Committee approved the installation of a traffic signal at the above intersection. Subsequent to that, staff recommended funding for the design and construction the traffic signal for FYI 999/2000. At this time, the plans and specifications have been completed and the project is ready for construction. This project is part of the FY1999/2000 Capital Improvement Program. The Engineer's Estimate for the new installation is $90,000, which will be funded by Gas Tax. FISCAL IMPACT Gas Tax funds in the amount of $100,000 have been set aside for FY199912000 budget for this project. Reviewed by: Advertise and Solicit Bids For the Installation Of a New Traffic Signal, C(P 853 December 1, 1999 Page 2 It is recommended that the City Council approve the plans and specifications for the installation of a new traffic signal at the intersection of Clark Street and Baldwin Park Boulevard and authorize staff to advertise and solicit bids for this project. REPORT PREPARED BY Nadeem Syed, Associate Engineer SJM /NS /vv a 4 pdocslstaffrpils fafrpts]sii12 -1. ns2 a BALDWIN P�A,K�K TO: FROM: DATE: CITY OF BALDWIN PARK Mayor and City Council CITY COUNCIL AGENDA STAFF Rg*A71 1999 ITEM NO. Jim Hathaway, Interim Public Works Director November 22, 1999 SUBJECT: Resolution 99 -93 in Support of H.R. 910 San Gabriel Basin Water Quaky Initiative Attached is a letter from the San Gabriel Valley Joint Task Force requesting support of federal bill, H.R. 910 that pertains to the groundwater cleanup in the San Gabriel Valley. Over the past several years the San Gabriel Valley Water Districts have been involved in the cleanup and funding and litigation of ground water contamination resulting from the Aero Jet Plant in Azusa. H.R 910 is a federal bill, which provides 75 million of additional funding toward cleanup efforts and $25 million for research. This additional funding is aimed to minimize the conflicts between litigants and assist in proceeding with the cleanup. Additional support material is attached. It is recommended that the City Council adopt resolution 99 -93 in support of N.R. 990. P, A, I: Kathryn V. Tizcareno December 14, 1 999 City Clerk Mr. Sam Pedroza San Gabriel Valley Joint Task Force 11310 E. Valley Blvd. El Monte, CA 91731 RE: Resolution in Support of HR 910 — San Gabriel Basin Water Quality Initiative Dear Mr. Pedroza: At their meeting held December 1, 1999, the City Council of the City of Baldwin Park adopted Resolution No. 99 -93 entitled, "A Resolution of the City Council of the City Of Baldwin Park California, Declaring its Support of the San Gabriel Basin Drinking Water Initiative, HR 910 ". A certified copy of the resolution is enclosed for your review and handling. Sincerely Rosema . Ramirez Deputy Ci Clerk CC.' Dayle Keller, Interim Chief Executive Officer CITY OF BALDWIN PARK -14403 EAST PACIFIC AVENUE•BALDWIN PARK,CA• 91706(626)813-5213- FAX(626)962 -2625 RESOLUTION NO. 99 -93 A RESOLUTION OF THE CITY COUNCIL_ OF THE CITY OF BALDWIN PARK, CALIFORNIA, DECLARING ITS SUPPORT OF THE SAN GABRIEL BASIN DRINKING WATER INITIATIVE, HR 910 WHEREAS, the San Gabriel Groundwater Basin is the principal source of drinking water for about 1.4 million people who live in Southern California; and WHEREAS, the economy of the San Gabriel Valley is dependent upon the availability of a safe, reliable source of water for the residents and businesses in the region; and WHEREAS, the groundwater supply in the San Gabriel Basin is contaminated by both volatile organic compounds and inorganic chemicals, including perchlorate, that are known to be carcinogenic and otherwise dangerous to human health; and WHEREAS, the presence of Perchlorate contamination is directly associated with the production of solid rocket fuels and explosives related to the Defense and National Security of the United States of America; and WHEREAS, the contaminated groundwater in the San Gabriel Groundwater Basin is now spreading toward Los Angeles County's Central groundwater basin; and WHEREAS, the spreading of contaminated groundwater into the massive Central Basin will adversely affect the drinking water of over half of Los Angeles County; and WHEREAS, the health and economy of the entire Southern California region may be devastated by the continuation and possible spreading of contaminated groundwater; and WHEREAS, Perchlorate contamination of drinking water is a serious health related problem in other areas in the United States beyond Southern California; and WHEREAS, the application of treatment technology in the San Gabriel Basin may be used as a model for areas in the United States with similar contamination problems; and WHERAS, all stakeholders affected by the contaminated groundwater have joined together to support a comprehensive plan to treat the contaminated groundwater and reclaim the San Gabriel Groundwater Basin for the storage of a safe, reliable drinking water source. Resolution No. 99 -93 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. As an active stakeholder in the health and economy of the San Gabriel Valley, the City of Baldwin Park recognized the government of the United States as a necessary participant in the clean -up of the San Gabriel Basin Groundwater Basin. SECTION 2. As an active stakeholder in the health and economy of the San Gabriel Valley, the City of Baldwin Park calls upon the Congress of the United States to pass all necessary legislation to implement the San Gabriel Basin Drinking Water Initiative. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED on this 161 day of December, 1999. " 4A Mayor Manuel ozano ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES } ss. CITY OF BALDWIN PARK ) 1, Rosemary M. Ramirez, Deputy City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council held on December 1, 1 999, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Pacheco, Gair, Garcia, Van Cleave and Mayor Lozano None None None R Deputy City Clerk (626) 443 -2297 FAX 443-0615 RE- SUPPORT FOR THE SAN GABRIEL BASIN WATER, QUALITY INITIATIVE _ R i n the past few months, we have obtained local support for state and Federal legislation pertaining to groundwater cleanup in the San Gabriel Valley- Over 7% of focal. cities, 50% of the region's chambers of commerce, and many other local and regional organizations have sent letters and resolutions of support on behalf of the Initiative legislation. The lnitiative, a collaborative effort of the San Gabriel Valley Water Association and the Sari .Gabriel Basin Water Quality Authority, consists of legislation from bath the Federal and state; level. On the Federal side, Congressman David Dreier is sponsoring H.R. 910, c6-sponsored by Congrressrnembers Matthew Martinez, Grace Napolitano, and Gary Miller. H.R. 910 will provide 75 million towards groundwater cleanup efforts and 25 million for Perchlorate research. On the state level. Assemblyman Bob Margett assisted in placing a 7 million appropriation on the Water Band which will appear can the March ballot. We are requesting your support for HR 910. Enclosed for your consideration are information and a sample letter of support for the Sari Gabriel Basin Mater Quality Initiative. The purpose of the Initiative is to bring in outside funding to expedite the cleanup of the San Gabriel Groundwater Basin. Providing additional funding would minirmize conflicts between water producers, potentially responsible parties (PRPs) and the U.S. Environmental Protection Agency (EPA). The goal is to proceed with cleanup rather than protracted litigation and to avoid creating an adverse effect on the local economy. Thank you in advance for your support on this Initiative. Your resolutions and letters of support will greatly aid in rendering a unified display of local support. Please do not hesitate to contact me if you have any questions or would life a presentation to your organization, You may send your resolutions and letters of support directly to the legislators' offices at the addresses shown on the enclosed sheet, but please forward copies to me as well, if you prefer, you can forward them to my Upper Sara Gabriel Valley Municipal Water District address (enclosed), and I will forward them to the appropriate offices. Sincerely Sam Pedroza Initiative Coordinator Enclosures September 28, 1999 � 1 Fl. I M t��U 11," # 11W. DRINKING WATER INITIATIVE The San Gabriel Basin Water Quality Authority (WQA) and the San Gabriel Valley Water Association have teamed their efforts to develop and implement a plan designed to clean up contaminated groundwater in the Sacs Gabriel Basin befom it migrates to an adjacent groundwater basin. This plan involves the construction of treatment facilities throughout the Valley that will remove both volatile organic compounds (VOC) and perchlorste contaminants in order to restore the groundwater basin. This effort will be expensive and is complicated by the fact that perchlorate differs from ether contamination in tl=e groundwater and requires a more complex treatment system. The plan involves the creation of the "San Gabriel Basin Restc Fund' which would be capitalized by contributions from the Federa government. One of the main goals in this process is to minimize the potential for protracted litigation usually associated with Superfund sites. Businesses found responsible for the oontamination will continue to be responsible for a majority of the cleanup casts. The pie chart reflects the estimated amounts to. be contributed by Stakeholders in the San Gabriel Basin Superfund Projeot, INiTlA,rivE L_E sLAT1oN 0FecleraIti 0 SwIte Bpins & Funds s C H.R. 910 Current Status: House Committee on Transportation and Infrastructure, Field Hearing in Nate summer Introduced by Congressman David Dreier and co- sponsored by Congressrrmernbers Horn, Martinez, Napoiitano, Diller, and Roybal- Allan!. This bill is a Federal authorization for 75 million towards groundwater cleanup in the San Gabriel Basin, SiR 8 - Adopted Introduced by Senator Hilda Solis, this resolution past both the Callfornia Assembly and Senate. The resolution which memorializing the U.S. President and Congress to enact H.R, 910., was chaptered on July 16, 1999 Water Cleanup Funds in 'ii!lfater Bond "The Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Act of 199W was passed by the State Legislature and was sent to Governor Davies for his anticipated signature_ upon signature, the Act will be placed on the March 2090 ballot for adoption, by the voters of California, The $1.97 billion bond measure includes $7 million for groundwater oieanup efforts its the San Gabriel Malley. This request was the result of Assemblyman Bob Margett's efforts. San Gabriel Basin Drinking Water Iniflative ftesolution Supporters AgentY 1, San Gabriel Basin Water Quality Authority 2, Sari Gabriel Valley Water Association 3. € pper Sari Gabriel Valley MWD 4, San Gabriel Valley MWD 5, South E1 Monte, City of 6. Valley County Water District 7. Southern California Water Utilkles Association & Main San Gabriel Oasin Watermaster 9, Arcadia, City of 10, Azusa, City of 11. Monterey Park, City of 12, Glendora, City of 13. Hacienda Weights Improvement Association 14. Central Fusin MWD 15. Three Valleys MWD 16. La Puente Valley CWD 17_ Rosemead Chamber of Commerce 18, Ei Monte/ South El Monte Chamber of Comm 19. Gentnal Basin Water Association 20. San Gabriel County Water District 21. San Gabriel, City of 22. Ddarte Chamber of Commerce 23. SG +LA Rivers Watershed Council 24. Irwindale Chamber of Commerce 25. San limas, City of 26. Whittier, City of 27. Industry Manufacturers Council 28. Covina, City of 29. Metropolitan Water District 30, Rosemead, City of 31. f=oothill Municipal Water District 32. Montebello, City of 33, West Covina, City of 34. South Pasadena. City of 36. San Gabriel Valley Economic Partnership 36, Duarte, City of 37. Walnut, City of 38. Irwindale, City of 39. Diamond Bar, City of 40. League of California Cities 41. La Puente, City of 42, Pomona Wsinat- Rowland Jnt Water Line Commission 43, California State Legislature 44, Walnut Valley Water [District 45, Pomona Chamber of Commerce 46. Sara Marino, City of 47. Temple City, City of 48. San Gabriel Valley Council of Governments 49. El Monte, City of 50. Whittier Chamber of Commerce 51. Bradbury, City of 52. San Marino Chamber of Commerce 53. Monrovia !Chamber of Commerce 54. Alhambra, City of P21t 1110199 1/.0/99 1120/99 1125/99 1126199 1/21/99 11"29199 2/03/99 221"16/99 2115/89 2/17199 3/09199 3115199 3116/99 3117139 3/29 3/23/0 31303/99 4105/99 4113199 4/203/98 4120/99 4121199 4/26/99 d /27/$9 4/,27/99 4129/99 5/04199 51"M 5111199 5119199 5/18199 5118/99 5119199 WO/99 5125/99 5126/99 5/2'7199 6/01199 6/03/99 6/08/99 7115199 7/16/99 7120!99 7/28199 8111/99 917/99 9/8/99 9114/99 10/6199 10120189 10/13199 l0,'25199 10125/99 Last Update: 10 -26-99 Txas s CH Next kit Prev Hit Hot Smolt THIS DtXM#WVr PdrWal rd Hack Best reactions DOC CQIzLteuta GO To I ew Bill.H Seaarcll �pme�l? age ., g @ll� i Page 1 oft HR 910 M 106th CONGRESS, 1st Session U. R. 91 () To autl orize the Secretary of tht Army, acting through the Chief ofxrngineen and in Coordination with other Federal agency scads, to participate in the funding and i-mpl=entatiou of a balanced, long -term Solution to the prabl=s of grouzld1vator contarainatior~, water supply, and reliability affecting the &m Gabriel -groundwater basin izx California, and for other purpos . Tl'+1' THE HOUSE TAE REPRESENTATIVYS March 211999 Mr_ DRETER (for himself:`, Mr_ HORX, Mr_ 7v ARTT:,TF7 Mrs. NAPO UTAN,d, Mr, GARY MMLER of California and Ms. ROYD . -ALLA D) iwroductd the foUowin; hilt; which way refe,rrcd to the Committee on Trampartation Wjd ;[��tMCture To authorize the Secretary of the Army, acting through. the Chief of Engineers and in coordination with other t"cderal agency hearts, to participate in the Fanding and irnplementaton of a balanced,, long - terra solution to the problems of groundwater COntarrainatiOn, Wat ,-z Supply, and retiabilt y ali#oraia, and for other pure s ose�,. Be it enacted 4v the Senate and House of Ropy,,sentalzves of the United States of Arnericc2 YY 2 Congress assenibled SECTION I. SHORT TITLE. This Act may be cited as the 'San Gabx7el 14asin'fater',Q ality Wtiative'. SEC. 2- SAN GA)RRI1 L U ASTN RESTORATION FUND. (a) E 'T'.A.BI 1SHMENT OF TIT RESTORATTON FUN' D- There shall be established whin Page 2 oft the Treas ry of the United S$MWs are interest bearing accotmt to be known as the Sam Gabriel Basin %�staratio:a Fund (in this s6ction referred to as 'Restoration F11nd'), (b) ADMINISTRATION OF THE RESTORATION F'kJ",4NM- The Restoration Fund shall be adrninistere€l. by the Secretary of the Army (in this Act referred to awe tine 'Secretary'), actin; through the Chief ofEagineers. Tac Secretary shall administer such Fund in cooperation with the San abn'el Bassin Water Qaafit'y Authority, or its slaccessor agency. (e) PUPTOSES OF = RESTORATION FUND- The, proceeds of the Restoration Fund shall be i4Nz,—,d by the Seorotazy to design, constmct, operaie, and maiwaiz water quality projects administered by the Saa Gabriel Rasin Water Quality Authority. (d) Ai_iTHORI2ATTON OF APPROPMA.TIONS- For each of the :fiscal years 2000 through 2004, ire is authrarized to be appropriated to Me Restoration Fund $15,000,000, (e) CONTRIBUTIONS FROM THE STATE OF CAI. EFORNLA- The Secretary, acting through the Chit -.f of Engineers, is authorized to accept-and admimister in cooperation with the Say Cyabriei Basin 'Water Quality Authority asay funds which the State of Califbmia, local government agencies, or private cntitics may contribute to the Restoration Fund. (f) COMPLIANCE WITH A PLICABLE LAW- In carrying +out the activities described in sn, tb ectia.a (c). the Secretary -ShAll comply with any applicable Federal or Stash iaw, (,g) RELATIONSH' TO OTHER. AC=ITMS- Nothing i-a this Act shall be construed to affect :other Federal or State authorities that are being Lised or may lae used to facilitate the cleanup and protection of the San Gab del girourtdwater basic. hi ealTying Out the, activities described iT� subsection (c), the Secretary shall integrate such activities with ongoi.u,g Federal and State projects anal activities. None. of'the 5mds made available for the activities dcacribed its subs tioa (e) pursuant to this Act shall be counted against any Federal authorization ceiligg estahEshed fcir auy prOvi,ously authorized Federal projects or activities. SEC. 3.PERCMC ORAM (a) INVESTICiATIONS AND PROJECTS- The Secretary, acti.rtg �brcaugli the CE of of Engineers and in cooperation with State and local gove- .n=ext agenoies, is authorized to participate in studies and other investigative activities and in the p1mming and design of projects deter=ined by the Secretary to offer a long -term solution to tlac problern of groundwater contaFnination caused by perchlorates: (b) AUTHo RJZATIOIN OF APPROPRIATIONS- For-thQ purposes of carrying out the activi6 authorizp:d. in subsection (a), there are autharizEd to be appropriated to the Secretary $25,000,000 Next sit Forward WRW Bills Search pl�vv Slit pack i�rm�tF2r��g Flit Uat Best Stations e�p ADDRESSES TO SEND RESOLUTIONS OF SUPPORT Sam Pedroza i,Tpper San Gabiiel Valley Municipal Water District � �7VN 11310 Valley 1:31vd, El Monte, CA P 1731 (626) 443 -2297 Fax(626)443 -0617 Federal Legislation Resolution of Suppori Con,�xessman David Dreier Attn: Mark Haimisen 112 N. 2`1 Ave Covina, CA 91723 (630) 339 -9078 Fax (626) 339 -6995 C.oiigrL- s5i�lan Matthew Mai-t,z)ez AM: 131a.ir Lymin Rayburn H_G,13, 002269 Washington, D, C. 24515 (202) 2.25 -5404 Fax (242) 225 -5467 Congresswoman Grace Napolitauo Am Chuck,Fuo rtes L ong,xcrtb S.C7. . #1407 Washington, D.C. 205 15 (202) 225 -5256 Aa BALDWIN P, A P, x M FROM: DATE: CITY OF BALDRWIN PARK Mayor and City Council Jim Hathaway, Finance Director November 22, 1999 SUBJECT: Motion for Budget Amendment Fund 137 Background CITY COUNCIL AGENDA STAFF RP�UR7' 1999 ITEM NQ. lf 6 During fiscal year 1998 -99 the City Council appropriated $80,677 for the purchase of Mobile Data Terminals (MDTs) for the Police Department. These MDTs were invoiced on June 8, 1999. However, acceptance of the equipment was not completed until November 2, 1999. The appropriation was not carried over into 1999 _ 2000 budget. However, Fund 137 is a Local Law Enforcement Block Grant account that is reimbursed by the Department of Justice. Accordingly, the funding is still available but requires a budget amendment and appropriation to authorize the initial expenditure of funds. MOTION "Authorize the Finance Director to make the appropriate amendment to Fund 137 line item 137.28.5745 for the amount of $80,677 and offset the revenue line 137.00. 1000 for the same amount., W52 Purchase Order Number: 4948 CITY OF BALDWIN PARK ANNUAL PURCHASE ORDER RECEIVING TALLY Vendor: Spillman Technologies, Inc. Month: November 1999 843 S. 100 West Logan, UT 84321 Account: 137.28.5745 I Item Invoice # 9230 Amount $80,677.00 Received By:. Date: Approved By: Condition- foe- 843 S. 100 WEST LOGAN, UTAH 84321 (435) 753 -1610 Sp iI1C. Invoice 9230 BILL TO: Baldwin Park Police Department 14403 Bast Pacific Avenue Baldwin Park CA 81706 7— 618199 PAGE: 1 SHIP TO: Baldwin Park Police Department 14403 Rast Pacific Avenue Baldwin Park CA 81706 A service charge of 1 112% per month will be charge on all past due amounts. Any issues disputing the timing or amount of any items on this invoice must he brought to tic attention of Spillman 'Technologies within 20 days of the cute of this invoice to avoid related service charges. RVII —., .F., Net 30 6 r • Due upon installation for Rover �Ji'f� %'��f�• �JC'CC 0.00 80,677.00 $80,677.00 Subtotal $80,677,00 Misc $0,00 `Pax $0,00 Freight $0.00 Trade Discount $0.00 Total $80,677.00 CITY COUNCIL AGENDA DEC - 11999 CITY OF BALDWIN PARK STAFF REP. ORT ,o BALD'111I I N P'. A> R- K TO: Mayor and Councilmernbers FROM: Da le Keller Interim CEO DATE: December 1, 1999 SUBJECT: INTERIM ORDINANCE NO. 1151 REGARDING ACCUPRESSURE SPAIMASSAGE PARLOR MORATORIUM PURPOSE This report requests the City Council to extend the formal moratorium on the establishment of acupressure spa and massage parlor businesses within the City of Baldwin Park. BACKGROUND In 1990, it came to the then City Attorney's attention that our Adult Business Ordinance was unconstitutional. Since the United States $upreme Court declared that Adult Businesses are a form of expression protected by the First Amendment, reviews such as Planning Commission or City Council hearings give too much discretionary power to the decision making body. However this reasoning does not apply to acupressure spas and/or massage parlors. In 1996, the City Council adopted an ordinance approving changes to the /Municipal Code differentiating between adult business and acupressure spas /massage parlors. Unfortunately as a result of those changes, a portion of the original ordinance that required minimum separations between other acupressure spas /massage parlors, residential zones and residential uses was inadvertently omitted. Within the past seven months, the Planning Division received several conditional use permit applications for acupressure spa/massage parlor type businesses. Unfortunately, the City's Zoning. Code lacks adequate development standards and location criteria for the regulation of these types of uses. The City determined that without adequate standards, the public health, safety and welfare of the citizens would be compromised. As a result, Planning Division staff proposed an urgency ordinance restricting the establishment of acupressure spa and massage parlor businesses within the City. The City Council adopted the Urgency Ordinance (Ordinance 11 50) by a vote of 4 -0 at its October 20, 1999 meeting. This ordinance went to effect immediately and became effective for 45 days. DISCUSSION As Section 153.442 of the Municipal Code currently reads, acupressure spas /massage parlors are permitted as follows: 1) A conditional use permit is obtained; 2) The proposed property is located within the C -2, General Commercial Zone; and 3) The proposed location for the adult business Urgency Ordinance — Massage Parlors December 1, 1999 Paao 2 is not within 500 feet of any other adult business, nor within 500 feet of any other real property on which there is located an educational institution or a church. As the Council can see, the Code does not require a minimum separation between sensitive land uses such as residences and other businesses of similar type. Without additional regulations these types of uses could cause a threat . to the public health, safety and welfare, in that acupressure spalmassage parlors could result in crime (including, the opportunity for unlawful sexual activity), congregation of people in areas adjacent to residential neighborhoods and along `safe routes to school', parking problems, and traffic congestion. Since the adoption of the Urgency Ordinance on October 20, 1999 by the City Council, staff has been compiling and researching ordinances from other cities related to this specific type of use. Staff is proposing to extend this moratorium in order to complete the research and adoption process of anew Zoning Code section djrectly related to this type of use. Proposed for this new Code section are location criteria from sensitive uses such as residential, schools, and places of worship and de, lopment standards, which each acupressure spa/massage parlor type business will have to meet. The Council may extend the moratorium for up to an additional 22 months and 15 days; however, staff is proposing that the moratorium be extended a maximum of seven months from the effective date of Ordinance No. 1151. RECOMMgNDATION Staff recommends that the City Council adopt an urgency measure Ordinance No. 1151 entitled "AN ORDINANCE OF THE CITY OF BALDWIN PARK EXTENDING THE MORATORIUM ESTABLISHED BY ORDINANCE NQ, 1050 ON THE APPROVAL OF PERMITS AND /OR LICENSES FOP, THE ESTABLISHMENT AND /OR THE EXPANSION OF ACUPRESSURE OR OTHER SIMILAR RELATED ENTERPRISES OR BUSINESSES OR USES IN THE CITY", read by title only and waive further reading thereof. ATTACHMENTS Ordinance 1151 Report Prepared by: Amy L. Harbin, Acting Principal Planner ORDINANCE NO. 1'I51 AN INTERIM ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXTENDING A MORATORIUM ESTABLISHED BY ORDINANCE NO. 11050 ON THE APPROVAL OF PERMITS AND /OR LICENSES FOR THE ESTABLISHMENT ANA /OR THE EXPANSION OF ACUPRESSURE OR OTHER SIMILAR ENTERPRISES OR BUSINESSES OR USES IN THE CITY. WHEREAS, in recent months, applications for permits for massage, acupressure and related uses in the City have been on a significant rise; and WHEREAS, the City Council finds that the City's current zoning standards for massage, acupressure, and related uses lack sufficient safeguards to protect the public health, safety and welfare, including, but not limited to, a lack of distance requirements between residential properties and proposed massage and acupressure uses; and WHEREAS, the City Council finds that the proliferation of massage, acupressure, and related uses without adequate zoning safeguards constitutes a current and immediate threat to public health, safety and welfare, in that said uses result in increase in crime (including the opportunity for acts of prostitution and other unlawful sexual activity), congregation of people in areas adjacent to residential neighborhoods, vehicle parking problems, and traffic congestion; and WHEREAS, the City Council finds that the approval of any new business licenses, use permits, variances, site plans and building permits for said uses will result in a significant threat to the general public health, safety and welfare; and WHEREAS, pursuant to Government Code Section 65858(x), on October 20, 1999, the City Council declared and imposed an urgency ordinance (Ordinance No. 1050) prohibiting any future establishment, development, modification or expansion of acupressure or related uses, in or within the City, which became effective immediately for a period of forty -five days or until December 4, 1999, unless extended in accordance with the applicable law; WHEREAS, in accordance with Government Code Section 65858(e ), the City Council finds that there is a need for additional research and evaluation before the adoption of amendments to the Zoning Code regarding this matter, and as such, the City Council finds the need to preserve the status quo and seeks to extend the effect of the existing moratorium for an additional period of �ionths from the effective date of this ordinance or until ��, �� unless thereafter extended. Al mo+ s, is s Oct. I4 1. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1. The City of Baldwin Parr hereby declares and extends a moratorium on massage, acupressure and related uses in the City. Ordinance No, 1151 SECTION 2. Notwithstanding any provisions of the Baldwin Park Municipal Code or other ordinances of the City of Baldwin Park, the City of Baldwin Park hereby declares and extends the existing mpratorium prohibiting any future establishment, development, modification or expansion of acupressure or related uses, within the City during the. pendency of this ordinance for a period of seven (7) months from the effective date of this ordinance. SECTION 3. The moratorium established by Sections 1 and 2 above shall be applicable to businesses engaged in acupressure and related uses in all commercial zoned properties. SECTION 4. There is a current and. immediate threat to the public health, safety and welfare, because the approval of the pending applications for acupressure or related uses may result in an increase in crime In and, near residential areas, including the opportunity for acts of prostitution and other unlawful sexual activity, a congregation of people in areas in and immediately adjacent to residential neighborhoods, vehicle parking problems, and traffic congestion. SECTION 5. This interim ordinance is necessary to preserve and protect the public health, safety, and welfare that will be caused by the approval of any new business licenses, use permits, variances, sit plans, and/or building permits for massage, acupressure, and related uses during the period that this ordinance will be in effect. SECTION 6. The City Council is conducting studies forthwith as to the appropriate modifications of the Baldwin Park Municipal Code and other regulatory ordinances which will reduce the conflicts and confusion within the regulations applying to businesses which involve acupressure or related uses as listed herein in this ordinance. Pending the completion of such studies, it is necessary for the immediate preservation for the public health, safety and welfare that this moratorium be extended. In the absence of immediate effectiveness, acupressure or related uses in the City may be in conflict with regulations or requirements established with respect thereto, and this ordinance is therefore necessary to prevent a current and immediate threat to the public health, safety and welfare. This is an extension of the interim ordinance adopted pursuant to Section 65858, subdivision (a) of the Government Code and shall expire seven (7) months after the date hereof unless extended pursuant to the provisions of said section. SECTION 7. If any part or provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. SECTION 8, The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall be effective immediately after this adoption by four - fifths of the members of the City Council. URGENCY ORDINANCE NO. 1151 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK EXTENDING A MORATORIUM ESTABLISHED BY ORDINANCE NO. 1050 ON THE APPROVAL OF PERMITS AND /OR LICENSES FOR THE ESTABLISHMENT AND /OR THE EXPANSION OF ACUPRESSURE OR OTHER SIMILAR ENTERPRISES OR BUSINESSES OR USES IN THE CITY WHEREAS, in recent months, applications for permits for massage, acupressure and related uses in the City have been on a significant rise, and WHEREAS, the City Council finds that the City's current zoning standards for massage, acupressure, and related uses lack sufficient safeguards to protect the public health, safety and welfare, including, but not limited to, a lack of distance requirements between residential properties and proposed massage and acupressure uses; and WHEREAS, the City Council finds that the proliferation of massage, acupressure, and related uses without adequate zoning safeguards constitutes a current and immediate threat to public health, safety and welfare, in that said uses result in increase in crime (including the opportunity for acts of prostitution and other unlawful sexual activity), congregation of people in areas adjacent to residential neighborhoods, vehicle parking problems, and traffic congestion; and WHEREAS, the City Council finds that the approval of any new business licenses, use permits, variances, site plans and building permits for said uses will result in a significant threat to the general public health, safety and welfare; and WHEREAS, pursuant to Government Code Section 65858(x), on October 20, 1999, the City Council declared and imposed an urgency ordinance (Ordinance No. 1050) prohibiting any future establishment, development, modification or expansion of acupressure or related uses, in or within the City, which became effective immediately for a period of forty -five days or until December 4, 1999, unless extended in accordance with the applicable lave; WHEREAS, in accordance with Government Code Section 65858(a), the City Council finds that there is a need for additional research and evaluation before the adoption of amendments to the Zoning Code regarding this matter, and as such, the City Council finds the need to preserve the status quo and seeks to extend the effect of the existing moratorium for an additional period of twenty -two (22) months and fifteen (15) days from the effective date of this ordinance or until October 16, 2001. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ORDAINS AS FOLLOWS: SECTION 1.. The City of Baldwin Park hereby declares and extends a moratorium on massage, acupressure and related uses in the City. Ordinance No. 1151 SECTION 2. Notwithstanding any provisions of the Baldwin Park Municipal Code or other ordinances of the City of Baldwin Park, the City of Baldwin Park hereby declares and extends the existing moratorium prohibiting any future establishment, development, modification or expansion of acupressure or related uses, within the City during the pendency of this ordinance for a period of twenty -two (22) months and fifteen (15) days from the effective date of this ordinance. SECTION 3. The moratorium established by Sections 1 and 2 above shall be applicable to businesses engaged in acupressure and related uses in all commercial zoned properties. SECTION 4. There is a current and immediate threat to the public health, safety and welfare, because the approval of the pending applications for acupressure or related uses may result in an increase in crime in and near residential areas, including the opportunity for acts of prostitution and other unlawful sexual activity, a congregation of people in areas in and immediately adjacent to residential neighborhoods, vehicle parking problems, and traffic congestion. SECTION 5. This interim ordinance is necessary to preserve and protect the public health, safety, and welfare that will be caused by the approval of any new business licenses, use permits, variances, sit plans, and/or building permits for massage, acupressure, and related uses during the period that this ordinance will be in effect. SECTION 6. The City Council is conducting studies forthwith as to the appropriate modifications of the Baldwin Park Municipal Code and other regulatory ordinances which will reduce the conflicts and confusion within the regulations applying to businesses which involve acupressure or related uses as listed herein in this ordinance. Pending the completion of such studies, it is necessary for the immediate preservation for the public health, safety and welfare that this moratorium be extended. In the absence of immediate effectiveness, acupressure or related uses in the City may be in conflict with regulations or requirements established with respect thereto, and this ordinance is therefore necessary to prevent a current and immediate threat to the public health, safety and welfare. This is an extension of the interim ordinance adopted pursuant to Section 65858, subdivision (a) of the Government Code and shall expire twenty -two (22) months and fifteen (15) days after the date hereof unless extended pursuant to the provisions of said section. SECTION 7. If any part or provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this ordinance are severable. SECTION 8. The City Clerk small certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall be effective immediately after this adoption by Tbur- fifths of the members of the City Council. Ordinance No. 1151 APPROVED, PASSED AND ADOPTED this 1s` day of De tuber 999. t r r Manuel Lozano, Mayor 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 adopted as an URGENCY Ordinance at a regular meeting of the City Council on December 1, 1999, by the following vote of the Council: AYES.- COUNCILMEMBERS: Pacheco, Gair, Garcia, Van Cleave and Mayor Lozano NOES: COUNCILMEMBERS: None ABSEIJT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None 1121 J I i Roseryiary irez, Deputy City erk TO: San Gabriel Valley Tribune FROM: Baldwin Park Planning Division DATE: November 16, 1999 SUBJECT: PUBLIC HEARING OF THE CITY COUNCIL for December 1, 1999 to be published NO LATER THAN November 18, 1999. (To be published on minimum 118 page) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the City Council of the City of Baldwin Park will conduct a public hearing to consider the following: The extension of time of an existing urgency ordinance (Ordinance No. 1150) declaring a moratorium on the approval of permits and/or licenses for the establishment and/or the expansion of acupressure or other similar enterprises or businesses or uses in the City of Baldwin Park. Said public hearing will be held at 7:00 p.m. (or as soon thereafter as the matter can be heard) in City Council Chambers, 14403 E. Pacific Avenue, on Wednesday, December 1, 1999. All interested parties may appear and be heard at that time. If in the future anyone wishes to challenge a decision of the City Council in the court, you may be limited to raising only those issues you or someone else raised at the public hearing described above or in written correspondence delivered to the City Council at, or prior to, the public hearing, If further information is desired on the above matter, please contact the Planning Division at (626) 813 -5261. If you are aware of someone who would be interested in becoming informed of the contemplated action, please pass this notice along as a community service. 1% RosemaO4v� mir Deputy City Clerk CAAmy's FilesWORD\ Notices\ Newspaper lit- 1- 99ccAcupressure.doc CITY COUNCIL AGENDA It i�f bll� BALDWIIll P - A , R - K TO: Mayor and Councilmembers FROM: as le Keller,, CEO y a. DATE: December 1, 1999 SUBJECT: URGENCY ORDINANCE NCO. 1152 ON THE SOLICITATION OF BUSINESS, EMPLOYMENT AND CONTRIBUTIONS WITHIN THE PUBLIC RIGHT OF WAY AND COMMERCIAL PARKING AREAS — DAY LABORER PURPOSE This report requests City Council adoption of a moratorium on the solicitation of business, employment and contributions within the public right of way and commercial parking areas in the City of Baldwin Park. BACKGROUND/DISCUSSION Earlier this. year, Tom McCarty, a consultant employed by Home Depot approached the City and began discussions with the former Community Development Director and former City Planner regarding the adoption of an ordinance that prohibits the solicitation of business, employment and contributions within the public right of way and in commercial parking areas. Traditionally, hardware super warehouses such as dome Depot, have had problems with individuals soliciting employment (day laborers) and business (contractors) within their parking areas and public right of way adjacent to their facilities. With the Home Depot warehouse under construction, Mr. McCarty proposed. a pro - active approach to potential issues with day laborers,, Unfortunately with the staff turnover, this item fell by the wayside until Mr. McCarty approached the Planning Division a couple of months ago inquiring as to the status of the proposed ordinance. Current staff including representatives from the Planning, Division, the Police Department and the Economic Development Division met with Mr. McCarty so he could educate staff on the issue and the ordinance request made by Home Depot. During staff's discussions with Mr. McCarty, he stated that Home Depot wants to take a pro -- active approach to the potential problem and have mechanisms in place prior to the grand opening of the warehouse which was fast approaching in December. Staff is of the opinion that this urgency measure is needed, as the City's current Municipal Code does not have adequate safeguards to protect the public from this type of activity. The solicitation of business, employment, and contributions within the public right of way and in commercial parking areas constitutes a current and immediate threat to the public health, safety and welfare in that the activity could result in traffic congestion, automobile accidents due to distracted drivers, loitering and obstruction of the public right of way. Adoption of this urgency measure would protect both Day Laborer— FUrgency Ordinance December 1, 1 999 Pane 2 the City and the public from the negative impacts of this activity while the adoption process of a formal ordinance is underway. If adopted by 415 vote of the City Council, this moratorium would prevent the solicitation of employment, business and contributions within the public right of way and commercial parking areas. It would take effect immediately and expire in 45 days unless extended by the City Council. The Council may extend the moratorium for up to an additional 22 months and 15 days. RECOMMENC)ATIpN Staff recommends that the City Council adopt Ordinance 1152, imposing a moratorium on the solicitation of business, employment and contributions within the public right of way and in commercial parking areas as an urgency measure. ATTACNM &NITS * Ordinance 1152 Report Prepared by: Amy L. Harbin, Acting Principal Planner URGENCY ORDINANCE NO. 1152 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 9, CHAPTER 97 (STREETS, SIDEWALKS AND PUBLIC PLACES) BY ADDING SECTIONS 97.135 THROUGH 97.138 TO THE MUNICIPAL CODE, RELATING TO THE SOLICITATION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS WITHIN THE PUBLIC RIGHT -OF -WAY AND COMMERCIAL PARKING AREAS. WHEREAS, the activity of soliciting employment, business or contributions from occupants of vehicles distracts drivers from their primary duty to watch traffic and potential hazards in the road, observe all traffic control signals or warnings and prepare to move through the City's streets, public parking areas, and intersections; and WHEREAS, the practice of soliciting employment, business or contributions from the occupants of vehicles impedes the flow of traffic on the streets within the City, results in the delay of and obstruction of the public's free flow of travel, and results in congestion and blockage of the streets, driveways to parking areas, and sidewalks when such persons approach the vehicles to negotiate with the occupants; and WHEREAS, distracted drivers are more prone to automobile accidents and accidents on the public streets constitute a substantial traffic safety problem which problem further impedes and prevents the orderly flow of traffic, is unsafe for the person engaging in the solicitation, pedestrian traffic, and the traffic generally; and WHEREAS, drivers and occupants of vehicles who solicit business, services or goods from those standing in the public right of way create traffic problems; and WHEREAS, the cumulative impact of this type of activity on the City's streets, highways and sidewalks creates a potential safety hazard, which poses a significant and substantial risk to the interest of the public in the free flow of travel in the City; and WHEREAS, commercial parking areas within the City are for the purpose of parking, placing, or stationing a vehicle for the benefit of the public, clients, customers, members, and occupants of the adjoining commercial premises; and WHEREAS, the use of commercial parking areas for the solicitation of employment, business, or contributions in unauthorized locations results in interference with the intended use of the parking area because of the vehicle congestion in such area caused by vehicles whose occupants bargain and temporarily stop to negotiate with persons who are engaged in the solicitation; and WHEREAS, commercial parking areas have limited accessibility to inbound and outbound traffic through their driveways. The solicitation of employment, business and contributions further limits such driveway access because if the blockage and congestion of such driveways by vehicles whose occupants stop to bargain or negotiate with persons engaged in the Ordinance No. 1152 solicitation; and WHEREAS, the public has a substantial interest in promoting the health safety and welfare of persons using commercial parking areas by prohibiting the solicitation of employment, business or contributions in certain locations within such parking'areas when appropriately posted by the property owners. WHEREAS, the practice of soliciting business, employment and contributions within the public right -of -way and commercial parking areas results in the harassment of motorists and pedestrians who are approached by individuals seeking business, employment or contributions; and WHEREAS, the City Council finds that the City's non - existent standards for the solicitation of employment, business or contributions within the public right of way and commercial parking areas lack sufficient safeguards to protect the public health, safety and welfare, including, but not limited to, obstructions created by the assemblage of persons soliciting employment from the occupants of vehicles, the delay and obstruction of the public's free flow of travel, and the distraction of drivers; and WHEREAS, the City Council finds that this type of activity without adequate safeguards constitutes a current and immediate threat to public health, safety and welfare, in that said activity could result in traffic congestion, automobile accidents due to distracted drivers, loitering, and obstruction of the public right -of -way; and WHEREAS, the City Council of the City of Baldwin Park believes that having an enforceable ordinance relating to the solicitation of employment, business or contributions within the public right -of -way and commercial parking areas is critical for the immediate preservation of the public health, safety and general welfare, and will help to diminish the undesireable impact of such conduct on the citizens of the City of Baldwin Park. NOW. THEREFORE, BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: Section 1. Title 9, Streets, Sidewalks and Public Places of the Baldwin Park Municipal Code is hereby amended to read as follows: "Solicitations of Employment, Business or Contributions within the Public Right of Way and within Commercial Parking Areas ". §97.135 Definitions For the purposes of this Section, the following meanings shall apply: A. "Business" shall mean and include any type of product, good, service, performance or activity which is provided or performed or offered to be provided or performed in exchange for money, labor, goods or any other form of consideration. Ordinance No. 1152 B. "Commercial parking area" shall mean privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments. C. "Employment" shall mean and include services, industry or labor performed by a person for wages or other compensation or under any contract for hire, written, oral, express or implied. D. "Solicit" shall mean and include any request, offer, enticement, or action which announces the availability for or of employment, the sale of goods, or a request for money or other property; or any request, offer, enticement, or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place. §97.136 Prohibition of Solicitation on Public Right of Way. A. It shall be unlawful for any person, while standing in any portion of the public right of way, including but not limited to public streets, highways, sidewalks, and driveways, to solicit, or attempt to solicit, employment, business or contributions of money or other property from any person travelling in a vehicle along a public right of way, including but not limited to public streets, highways or driveways. B. It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit employment, business, or contributions of money or other property from a person who is within the public right of way, including but not limited to a public street, highway, sidewalk or driveway. §97.137 Prohibition of Solicitation in Unauthorized Locations within Commercial Parking Areas. A. No person shall solicit or attempt to solicit, employment, business or contributions of money or other property, from a location within a commercial parking area other than an area within or served by such parking area which is authorized by the property owner or the property owner's authorized representative for such solicitations. This section shall not apply to the solicitation to perform employment or business for the owner or lawful tenants of the subject premises. Nothing herein shall require a private property owner to permit solicitation at their premises. Ordinance No. 1152 B. This Section shall only apply to commercial parking areas where the following occurs: i) The owner or person in lawful possession of the commercial parking area establishes a written policy which provides area(s) for the lawful solicitation of employment, business, or contributions of money or other property, which locations are accessible to the public and do not interfere with normal business operations of commercial premises; and ii) A copy of said policy is submitted to the City of Baldwin Park Planning Department, to be maintained in City files; and iii) The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area not less than eighteen (18) by twenty-four (24) inches in size with lettering not less than one -inch in height and not to exceed in total area, six (6) square feet. The notice shall be substantially the following form: "It is a misdemeanor to engage in the solicitation of employment, business, or contributions of money or other property in areas of this commercial parking lot which are not approved for such activity by the property owner" §97.138 Violation -- Policy. Any person violation any provision of this chapter is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or by imprisonment not to exceed sic months, or by both such fine and punishment. Each and every act in violation of this chapter shall be deemed a separate offense. SECTION 2. If any section, subsection, sentence clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court, competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. This City Council of the City of Baldwin Park hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. SECTION 3. The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall be effective immediately as an urgency ordinance in order to protect the public peace, health, safety and general welfare after its adoption by the City Council. Ordinance No. 1152 APPROVED, PASSED AND ADOPTED this 1" day of December 1999. 1, 0 U Manuel Lozano, 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 Ordinance was adopted as an URGENCY Ordinance at a regular meeting of the City Council held on December 1, 1999, by the following vote of the Council: AYES: COUNCILMEMBERS: Pacheco, Gair, Garcia, Van Cleave and Mayor Lozano NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Rosemary M. K irez, Deputy City C! k r BALDWIN P'- A- R - K TO: Mayor and Couincilmembers FROM: Dayle Keller,, Interim CEO' DATE: December 1, 1999 AFF CITY COUNCIL. AGENDA DEC - 1 1999 'OR:T NO. Z Cive SUBJECT: ORDINANCE NO. 1153 REGARDING PROHIBITING THE SOLICITATION OF BUSINESS, EMPLOYMENT AND CONTRIBUTIONS WITHIN THE PUBLIC RIGHT OF WAY AND COMMERCIAL PARKING AREAS PURPOSE This report requests City Council adoption of Municipal Code amendment on the solicitation of business, employment and contributions within the public right of way and commercial parking areas in the City of Baldwin Park. BACKG ROW NDIDISCUSSIOU Earlier this year, Tom McCarty, a consultant employed by Home Depot approached the City and began discussions with the former Community Development Director and former City Planner regarding the adoption of an ordinance that prohibits the solicitation business, employment and, contributions within the public right of way and in commercial parking areas. Treditional)y, hardware super warehouses such, as Home Depot, have had problems with individuals soliciting employment (day laborers) and business (contractors) within their parking areas and public right of way adjacent to their facilities. With the Home Depot warehouse under construction, Mr. McCarty proposed a pro - active approach to potential issues with day laborers. Unfortunately with the staff turnover, this item fell by the wayside until Mr. McCarty approached the Planning Division a couple of months ago inquiring as to the status of the proposed ordinance. Current staff including representatives from the Planning Division, the Police Department and the Economic Development Division met with Mr. McCarty so he could educate staff on the jssue and the ordinance request made by Home Depot. During staff's discussions with Mr. McCarty, he stated that Home Depot wants to tale a pro - active approach to the potential problem and have mechanisms in place prior to the grand opening of the warehouse which was fast approaching in December. In order to protect the public health, safety and welfare in the interim, staff proposed an urgency measure which was heard by the Council earlier on the agenda. That urgency measure will protect the public in the interim, while Staff proceeds with the formal adoption procedure of a, Municipal Code amendment. Staff is of the opinion that this amendment is needed, as the City's current Municipal Code does not have adequate safeguards to protect the public from this type of activity. The solicitation of business, employment, and contributions within the public right of way and in Solicitation of business, employment and contributions December 1, 1999 Page 2 commercial parking areas constitutes threat to the public health, safety and welfare in that the activity could result in traffic congestion, automobile accidents due to distracted drivers, loitering and obstruction of the public right of way. Adoption of this amendment would protect both the City and the public from the negative impacts of this type of activity. Horne Depot is proposing to address this activity prior to the business opening on December 9, 1999. If this Ordinance is adopted, signs will be posted throughout the property prohibiting the solicitation of business, employment, and contributions, and flyers will be handed out to contractors at the `pre -grand opening party' on December 8, 1999. Home Depot is also proposing referring any individuals seeking employment or contractors seeking workers to the `One -Stop Worker Center', a non - profit organization in El Monte dedicated to assisting and matching individuals seeking employment.with contractors. RECOMMENDATION Staff recommends that the City Council introduce for first reading, Ordinance No. 1.153 entitled "AN ORDINANCE OF THE CITY OF BALDWIN PARK PROHIBITING THE SOL {CITATION OF BUSINESS, EMPLOYMENT, AND CONTRIBUTIONS WITHIN THE PUBLIC RIGHT -OF -WAY AND WITHIN COMMERCIAL PARKING AREAS ", read by title only and waive further reading thereof. ATTACHMENTS * Ordinance 1153 Report Prepared by: Amy L. Harbin, Acting Principal Planner ORDINANCE N.O. 9953 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING TITLE 9, CHAPTER 97 (STREETS, SIDEWALKS, AND PUBLIC PLACES) BY ADDING SECTIONS 97.136 THROUGH 97.138 TO THE MUNICIPAL CODE, RELATING TO THE SOLICITATION OF EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS WITHIN THE PUBLIC RIGHT-OF-WAY AND COMMERCIAL PARKING AREAS, WHEREAS, the activity of soliciting employment, business or contributions from occupants of vehicles distracts drivers from their primary duty to watch traffic and potential hazards in the road, observe all traffic control signals or warnings and prepare to move through the City's streets, public parking areas, and. intersections; and WHEREAS, the practice of soliciting employment, business or contributions from the occupants of vehicles impedes the flow of traffic on the streets within the City, results in the delay of and obstruction of the public's free flow of travel, and results in congestion and blockage of the streets, driveways to parking areas, and sidewalks when such persons approach the vehicles to negotiate with the occupants; and WHEREAS, distracted drivers are more prone to automobile accidents and accidents on the public streets constitute a substantial traffic safety problem which problem farther impedes and prevents the orderly flow of traffic, is unsafe for the person engaging in the solicitation, pedestrian traffic,, and the traffic generally; and WHEREAS, drivers and occupants of vehicles who solicit business, services or goods from those standing in the public right of way create traffic problems; and WHEREAS, the cumulative impact of this type of activity on the City's streets, highways and sidewalks creates a potential safety hazard, which poses a significant and substantial risk to the interest of the public in the free flow of travel in the City; and WHEREAS, commercial parking areas within the City are for the purpose of parking, placing, or stationing a vehicle for the benefit of the public, clients, customers, members, and occupants of the adjoining commercial premises; and WHEREAS, the use of commercial parking areas for the solicitation of employment, business, or contributions in unauthorized locations results in interference with the intended use of the parking area because of the vehicle congestion in such area caused by vehicles whose occupants bargain and temporarily stop to negotiate with persons who are engaged in the solicitation; and Ordinance No. 1153 WHEREAS, commercial parking areas have limited accessibility to inbound and outbound traffic through their driveways. The solicitation of employment, business and contributions further limits such driveway access because if the blockage and congestion of such driveways by vehicles whose occupants stop to bargain or negotiate with persons engaged in the solicitation; and WHEREAS, the public has a substantial interest in promoting the health safety and welfare of persons using commercial parking areas by prohibiting the solicitation of employment, business qr contributions in certain locations within such parking areas when appropriately posted by the property owners.. NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Baldwin Park, California, as follows: Section 1. Title 9, Chapter 97 (Streets, Sidewalks and Public Places) of the Baldwin Park Municipal Code is hereby amended to read as follows: "Solicitations of ,Employment, Business or Contributions within the Public Right of Way and within Commercial Parking Areas ". §97.135 Definitions For the purposes of this Section, the following meanings shall apply: A. "Business" shall mean and include any type of product, good, service, performance or activity which is provided or performed or offered to be provided or performed in exchange for money, labor, goods or any other form of consideration. B. "Commercial parking area" shall mean privately owned property which is designed or used primarily for the parking of vehicles and which adjoins one or more commercial establishments. C. "Employment" shall mean and include services, industry or labor performed by a person for wages or other compensation or under any contract for hire, written, oral, express or implied. D. "Solicit" shell mean and include any request, offer, enticement, or action which announces the availability for or of employment, the sale of goods, or a request for money or other property; or any request, offer, enticement, or action which seeks to purchase or secure goods or employment, or to make a contribution of money or other property. As defined herein, a solicitation shall be deemed complete when made whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money or other property takes place. Ordinance No. 1153 §97.136 Prohibition of Solicitation on Public Hight of Way. A. It shall be unlawful for any person, while standing in any portion of the public right of way, including but not limited to public streets, highways, sidewalks, and driveways, to solicit, or attempt to solicit, employment, business or contributions of money or other property from any person travelling in a vehicle along a public right of way, including but not limited to public streets., highways or driveways. B. It shall be unlawful for any person, while the occupant of any vehicle, to solicit, or attempt to solicit employment, business, or contributions of money or other property from a person who is within the public right of way, including but not limited to a public street, highway, sidewalk or driveway. §97.137 Prohibition of Solicitation in Unauthorized Locations within Commercial Parking Areas.. A. No person shall solicit or attempt to solicit, employment, business or contributions of money or other property, from a location within a commercial parking area other than an area within or served by such parking area which is authorized Icy the property owner or the property owner's authorized representative for such solicitations, This section shall not apply to the solicitation to perform employment or business for the owner or (awful tenants of the subject premises. Nothing herein shall require a private property owner to permit solicitation at their premises. B. This Section shall only apply to commercial parking areas where the following occurs; i) The owner or person in lawful possession of the commercial parking area establishes a written policy which provides area(s) for the lawful solicitation of employment, business, or contributions of money or other property, which locations are accessible to the public and do not interfere with normal business operations of commercial premises; and ii) A copy of said policy is submitted to the City of Baldwin Park Planning Department, to be maintained in City files; and iii) The owner or person in lawful possession of the commercial parking area has caused a notice to be posted in a conspicuous place at each entrance to such commercial parking area not less than eighteen (18) by twenty -four (24) inches in size with lettering not less than one -inch in height and not to exceed in total area, six (6) square feet. The notice Ordinance No. 1153 shall be substantially the following form: "It is a misdemeanor to engage in the solicitation of employment, business, or contributions of money or other property in areas of this commercial parkin lot which are not approved for such activity by the ,property owner' §97.138 Violation — Policy. Any person violating any provision of this chapter is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars, or by imprisonment not to exceed sic months, or by both such fine and punishment. Each and every act in violation of this chapter shall be deemed a separate offense. SECTION 2. If any section, subsection, sentence clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court, competent jurisdiction, such decision shall not, affect the validity of the remaining portions of this ordinance. This City Council of the City of Baldwin Parr hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, phrase or portion may be declared invalid or unconstitutional. SECTION 3, The City Clerk shall certify to the passage and adoption of this ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption. APPROVED, PASSED AND ADOPTED this day of , 1999. Manuel Lozano, Mayor Ordinance No. 1153 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 introduced for first reading at a regular meeting of the Council held on and adopted at a regular meeting of the City Council on by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Rosemary M. Ramirez, Deputy City Clerk CITY COUNCIL AGENDA CITY OF BALDWIN PARR STAFF T1999 BALDWIN •. . ITEM NO. ' 1® TO: Honorable Mayor and City Council /Agencc.�(yBoard of 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. 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 gravel) parking stalls. By Zoning Code, all properties are required to provide private on -site parking stalls based on the size and use of the respective buildings. The 14300 block of Ramona Blvd. is unique, in that the majority of parking spaces for the entire block is provided by the City owned parking lots at no cost to the property owners. The existing businesses are supplying only 17% of the parking that would normally be provided by comparable commercial properties. When the City owned parking stalls are counted, the percentage of parking stalls required by Code is increased to 60 %. The proposed project will result in a net increase of approximately 15 parking stalls within the rear entire block of Ramona Blvd., and increase the percentage of Code required parking to 64 %. A breakdown of existing and proposed parking is shown in the following table: 9 Location of Parking Stalls within 14300 Block Existin Pro osed # of Stalls % of Code # of Stalls % of Code Front Public Owned 82 NIA 82 NIA Rear: Public owned 30 NIA 32 NIA Rear: Private K &B 44 17% 57 23% Subtotal 156 60 %* 171 64 %* Off -Site 8 NIA 8 N/A Total 164 N/A 179 ..N/A * The subtotal % of Code counts City owned parking toward meeting the Code requirements for parking. (Source: City Planning Dept) Planning Commission Approvals/Environmental On June 16, 1999 The Planning Commission approved specific plan 99 -2 including zoning, parking, environmental review and design review. The developer is required to come back and obtain a Development Permit from the Planning Commission next year that includes completed plans. Exhibit C is the site plan with proposed Developer buildings and parking. For customer convenience public parking is located around the project and behind the existing Ramona stores. Approximately 15 net new public parking spaces will be available after the project is completed. School District Parcel The subject parcel is located on the edge of the site. The property is approximately 1960 sq. ft. in size and is a left over remnant parcel when the street was improved .in the 1940's. However, the Developer will revise the site plan, if necessary, to work around this parcel. The Developers Kaufman and Broad are one of the largest residential developers in the country. While their primary concentration is on single family development, they are also focusing on low income multi- housing development opportunities that take advantage of state and federal tax credit financing. In.order to take advantage of the tax credit provision you must have a not for profit company. The developers are asking for the City /Agency to provide a long -term "Ground lease" of the land for the development. The developers are also proposing to submit a proposal to the Los Angeles Community Development Commission for the City of Industry's housing funds to provide additional gap financing and also submit for federal and state tax credits. Dise osition and Development Agreement/Ground Leaselin Lieu Pa ment The attached Disposition and Development Agreement, includes a 57 -year ground lease, and the Summary Report per Section 33433, The 33433 Report outlines the basic terms and conditions of the proposed project (See Exhibit D). The Developer's schedule calls for: 3 1. Tax credit approval March 2000 2. Complete Architectural Plans June 2000 3. Start Construction August 2000 FISCAL IMPACT The Agency purchased the Sterling Avenue property in 1998 for $275,000 using 20% Housing Funds. The City owns the parking lot. The City and Agency would continue to own the land but would provide a 57 year ground lease to the developer rented at one dollar per year. The developers would pay for all physical on --site and off -site improvements, estimated at $5.5 million, maintenance; pay related taxes in addition to an "in- lieu" payment (+ $5,000 per year plus 2% annual income) of traditional tax increment revenue the Agency would typically collect property tax if it was a profit project; and management for the term of the lease. At the end of the 57 -year lease the Agency would own the housing development. RECOMMENDATION Staff recommends that the Agency Board of Directors approve the attached Disposition and Development Agreement, Lease Agreement and In -lieu Payment Agreement. If the Agency Board and the City Council concur with 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 resolution #99 -94, A resolution of the City ( "City ") of Baldwin Park approving the Disposition and Development Agreement ( "DDA ") with Ground Lease with Baldwin Park Senior Apartments L.P., A Limited Partnership that includes Kaufman and Broad MultiHousing Group, Inc. ( "Developer") pertaining to the Disposition and Development of Real Property located in the Central Business District Redevelopment Project Area and making Findings therefore as required by Health and Safety Code Section 33433. Exhibits : A Site Area Map 8 Existing Parking C Proposed Site Plan and all new parking D Summary Report ('33433 ") E DDA, Lease and In -Lieu Agreement Report Prepared By: Rick Forintos, Redevelopment Project Manager rd RESOLUTION NO. 99 -94 A RESOLUTION OF THE.CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND KAUFMAN & BROAD MULTI - HOUSING GROUP, INC., PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND MAKING FINDINGS THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433 WHEREAS, the City of Baldwin Park (the "City') is a municipal corporation and general law City organized under the laws of the State of California and the Baldwin Park Redevelopment Agency (the "Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ( "CRL "); and WHEREAS, by previous joint action of the Agency, and by the City Council of the City of Baldwin Park (the "City Council" or "City," as appropriate), the implementation and Housing Replacement Plan (the "Replacement Plan ") for the Redevelopment Project Areas (the "Project Area ") was established; and WHEREAS, the Agency has established a Low and Moderate Income Housing Fund pursuant to Health and Safety Code Section 33334.2, et seq., for the purpose of the acquisition and rehabilitation of structures and providing subsidies to, or for the benefit of, persons and families pf low or moderate income and very low income households, to assist them to obtain housing within the community at an affordable housing cost; and WHEREAS, in furtherance of the objectives of the Community Redevelopment Law of the State of California, Health and Safety Code Section 33000, et seq. (The "Act"), the Agency and the Developer desires to redevelop certain parcels of land within the Central Business District Redevelopment Project Area, as shown on the attached and incorporated Site Map (Attachment No. 1) and referred to herein as the "Sits"; 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 "Propedn; 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: 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 duly adopted by the City Council and signed by the Mayor of said City at the regular meeting held on the 1st day of December, 1999, and that the same was passed by the following vote thereof: AYES: NOES: ABSTAIN: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City on this 9st day of December, 9999. Kathryn Tizcareno City Clerk /. / & .. m 51fe 8ourxiarie s Exhibit A (1-j �ssa �c� Site Area Map of Q v w a 1 [1001 Property Borst: 82 (FYI F&'a: so (C*4 44 (Pdvate) Subtotal: 156 8 (Sheet) Total: 164 4061 = City Museum Exhibit B Existing Parking Exhibit C Site Plan and all New Parking .1ding) EXHIBIT D SUMMARY REPORT ( 4433433 ") 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: 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 tkp 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 2 The Agreement contains a Schedule of Performance, which establishes the time frames for. the performance of the Agency's obligations and the Developer's of the site. This schedule of events is subject to revision by the Agency and the Developer. 6. Restrictions on Transfer of the Site and Agreement The Agreement prohibits the Developer from transferring or conveying the Agreement, the Site or buildings and structures on the Site without the approval of the Agency. 7. Use Restrictions The Agreement requires, following construction of the Site, that the Developer shall continue the use of the Senior Citizen Housing. C. FINANCIAL SUMMARY The cost of the Agreement to the Agency consists of property acquisition and existing land value of the public parking lots. 1. Property Acquisition The cost of acquiring the Site includes the cost of acquiring the land and improvements of the six parcels and the land value of the City owned Parking lots. The cost is estimated at $375,000. 2. Demolition and Site Preparation The Agreement requires the Developer to absorb the cost of demolishing the remaining site improvement, undergrounding the utilities, and rough grading of the Site; and, related alleyway improvements of sidewalks, parking lots, private street improvements and related landscape requirements. D. VALUE OF INTEREST TO BE CONVEYED The highest and best use permitted on this site is the residential multifamily density as proposed in this Agreement. The land was previously zoned C -2, for General Commercial. The Developer has received approval of the Specific Plan that permitted a zone change for the proposed development. The cost to acquire the Agency parcel was $275,000 for the Sterling Way parcels and City's historical cost of it's property is approximately $100,000. Thus, a combined $375,000 acquisition cost for the site. This equals to approximately $629 sq. ft. for the 59,000 sq. ft. site 3 At the conclusion of the 57 -year Ground Lease period, the development ownership will revert to the Agency. Therefore, the negotiated Lease price ($ 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. I EXHIBIT E DDA, LEASE AND IN -LIEU AGREEMENT i DISPOSITION AND DEVELOPMENT AGREEMENT THIS DISPOSITION AND AGREEMENT ( "Agreement ") is entered into by and between THE REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK ( "Agency ") and Baldwin Park Senior Apartments, L.P., (the "Developer"). The Agency and Developer hereby agree as follows: [100] SUBJECT OF AGREEMENT [101] Purpose of A regiment 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 by the parties that the Project Site was purchased by the Agency with Low and Moderate Income Housing Funds (20% set aside) as defined in Health and Safety Code Section 33334.2 and that the purpose of the acquisition and construction of the Project is to further the Redevelopment Law with respect to low and moderate income housing. (1021 The Proiect For Purposes of this Agreement, the "Project" will encompass the acquisition by the Developer of the Project Site and the construction of a residential 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 Proiect Site The Project Site consists of those certain parcels of land and an adjacent parking lot and alleyway in the City of Baldwin Park, County of Los Angeles, State of California, as more particularly shown in Exhibit 2 hereof. [1041 Parties to the Agreement The Agenc The Agency is a public body, corporate and politic, exercising - governmental functions and powers and organized under Chapter 2 of the Community Redevelopment Law of the State of California. The principal office of the Agency is located at City Hall 14403 East Pacific Avenue, Baldwin Park, California 91706. F:I00CUMENTIK8I8ALDWINIDDA.V9 111699 The "Agency ", as used in this agreement, includes the Redevelopment Agency of the City of Baldwin Park, and any assignee of, or successor to its rights, powers and responsibilities. 2. The Developer The principal office of the Developer for purposes of this agreements is 320 Golden Shore Drive, Suite 200, Long Beach, California 90802 -4217. "Developer", as used in this Agreement, includes the Developer as of the date of execution of this Agreement and any assignee of or successor to its rights, powers and responsibilities permitted by this Agreement. The agent for service of process is Michael A. Costa, Baldwin Park Senior Apartments, L.P., 320 Golden Shore Drive, Suite 200, Long Beach, California 90802 -4217. (105] Material Obligations' 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 hereto such as Attachment s hme t No 1t forth and �ncorpo aced the e Schedule n by th � Performance attached he s reference. [106] 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. ll. [200] REPRESENTATIONS AND WARRANTIES [2011 A en `s Retaresentations In addition to the representations contained in otherSections of this Agreement, the Agency hereby makes the following representations, each of which is true in all respects as of the Effective Date and as of the Close of Escrow and all of the representations and warranties contained herein survive the Close of Escrow. 1. The execution of this Agreement by the Agency, the Agency's performance and the transactions contemplated have been duly authorized by the requisite action on the part of the Agency and no other authorization or consent is required for the execution and performance hereof. 2. Neither this Agreement nor anything provided to be done hereunder by the Agency violates or shall violate any contract, agreement or instrument to which the Agency is a party. 3. Neither the Agency nor, to the best of the Agency's knowledge, any third party has used, generated, manufactured, stored or disposed any Hazardous Substance in, at, on, under or about,the Project Site FADOCUMEN- RMBALDWIMDDA.V9 , 2 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 orabout the Project Site including, but not limited to, soil and groundwater conditions. To the best of the Agency's knowledge, the Project Site has not been subject to, and is not within 2,000 feet of, a deposit of any Hazardous Substance. To the best of the Agency's knowledge, there has been no discharge, migration or release of any Hazardous Substance from, into, on, under or about the Project Site, and there is not now, nor has there ever been on or in the Project Site underground storage tanks or surface or below -grade impoundments, any asbestos - containing materials or any polychlorinated biphenyls used in hydraulic oils, electrical transformers or other equipment. The Agency hereby assigns to Developer as of the Close of Escrow all claims, counterclaims, defenses or actions, whether at common law, or pursuant to any other applicable federal or state or other laws which the Agency may have against any third parties relating to the existence of any Hazardous Substance in, at, on, under or about the Project Site. Moreover, the Agency shall defend, indemnify and hold harmless the Developer and its officers, directors, employees, agents, shareholders, attorneys and their respective representatives and successors in interest (collectively, the "Indemnitee ") from any liability, loss, cost, damage or expense, including, without limitation, court costs, expert witness fees and attorneys` fees, that tndemKitee may suffer or incur as a result of any claim, demand, action, cost or judgment made or obtained by any individual, partnership, cooperation, entity, governmental agency or person which arises out of or results from the presence or existence of Hazardous Substances above, below or on the Project Site to the extent that such Hazardous Substances are or were located in such locations prior to the Close of Escrow. For purposes of this Agreement, the term "Hazardous Substance" shall be defined as set forth in Exhibit 6 attached hereto. 4. There is no pending or threatened suit, action or arbitration, or legal, administrative, or other proceeding or governmental investigation, formal or informal, including but not limited to eminent domain, condemnation, assessment district or zoning change proceeding, or any judgment, moratorium or ether government policy or practice which affects the Project Site or Developer's anticipated development of the Project Site with the Project. 5. The Agency has not made any commitment or representation to any government authority, or any adjoining or surrounding property F:1D©CUMENT1t(BIBALDWINIDDA.V9 3 111699 owner, which would in any way be binding on Developer or would interfere with Developers 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 Representations In addition to the representations contained in other Sections of this Agreement, the Developer hereby makes the following representations each of which is true in all respects as of the Effective Date and as of the Close of Escrow, all of which shall survive the Close of Escrow and the completion of construction of the Project. 1. The execution of this Agreement by the Developer, the Developer's performance and the transactions contemplated have been duly authorized by the requisite action on the part of the Developer and no other authorization or consent is required for the execution and performance. 2. Except as disclosed to the Agency in writing, there are no actions or proceedings pending or threatened against the Developer or a general partner, member, director or staff of the Developer before any court or administrative agency which could adversely affect the Developer's ability to perform hereunder. 3. Neither this Agreement nor anything provided to be done hereunder violates or shall violate any contract, agreement or instrument to which the Developer is a party or which affects the Project or any part thereof. 4. The Developer is not in default with respect to any of its obligations or liabilities pertaining to the Project; or is there any state of facts or circumstances or conditions or events which, after notice, lapse of time, or both, would constitute or result in any such default. The Developer is not and will not be in default with respect to any agreements, obligations or liabilities which could adversely affect the Developer's ability to perform its obligations hereunder. 5. The Developer has not entered into any agreements which will adversely affect its interest in the Project or Project Site or the Developer's right to acquire and construct the Project, as provided in this Agreement or the Ground tease, and the Developer will not enter into any such agreements after the date hereof. F:\DOCUME=NTIKBIBALDWlN1DDA.V9 4 111699 6. The Developer is currently in good standing and duly existing under the laws of California as a corporation and all other requisite Federal, State and Local entities_ Ill, (300] DEVELOPMENT OF PROJECT [3011 Sco e of Develo ment 1. Developer shall, at its sole cost and expense, use its commercially reasonable best efforts to obtain a preliminary reservation for Tax Credits, as defined in the Ground Lease, from the governmental authorities having jurisdiction and shall make such applications as may be required to obtain such Tax Credits at'each opportunity available to Developer. Developer shall retain, at its sole cost and expense, such attorneys, accountants and consultants as may be required to make such applications. 2. The Developer shall acquire and construct the Project in accordance with this Agreement and the "Scope of Development", which is attached hereto as Exhibit 3 and is incorporated herein by reference. All construction plans for the Project must be approved by Agency, pursuant to this Agreement. For purposes of this Agreement, the terms "construct," "develop," " construction," or " deveiopment" 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 ie I d'efnedd in California Civil Code Section 51.3, subject to applicable and Project shall be in compliance with all the zoning, planning desigrrreview requirements of the City of Baldwin Park. Once the Project Site is acquired and the Project is constructed in accordance with the "Schedule of Performance" attached hereto as Exhibit 4 and incorporated by reference herein and Scope of Development, Developer will market the project apartment units to Low - Income Persons who are Senior Citizens. Notwithstanding anything herein contained to the contrary, if the California Tax Credit Allocation Committee ( "CTAC ") determines that the Project may use part of the Project Site for any commercial use and the cost of the commercial use will be qualified as part of the eligible basis as determined by CTAC for the Project Site, then the Developer will consider using a portion of the Project Site for a commercial use on terms and conditions reasonably satisfactory to Developer, provided that if CTAC has not made such determination prior to the occurrence of item 5 of Exhibit 4 of this Agreement, Developer shall have no F:\D0CUMEN-RKBNBALDWlN\DDA.V9 111699 obligation to consider any portion of the Project Site for any commercial use. [302] Agengy Agency Approval of Plans Drawings and Related Documents I. Within the time set forth in the Schedule of Performance, the Developer shall, at its sole cost and expense, prepare and submit to the Agency the drawings, plans and related documents for construction for the Project for review and written approval. Approval of the drawings and specifications, as provided in the Schedule of Performance, will not be unreasonably withheld. Any items so submitted and approved in writing by the Agency shall not be subject to subsequent disapproval by the Agency. The Developer shall bear the normal costs of the City of Baldwin Park for plan checking, building permits, and other development fees and costs. 2. During the preparation of all drawings and plans for construction of the Project, the Agency and the Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of drawings, plans and related documents bythe Agency. The Agency and the Developer shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the Agency can receive prompt and speedy consideration. 3. If any revisions or corrections of plans approved by the `Agency shall be required by any governmental official, agency, department or bureau having jurisdiction or any lending institution involved in financing the Project, the Developer shall, at its sole cost and expense, coordinate efforts to obtain waiver of such requirements or to develop a mutually acceptable alternative to the Agency. Costs for planning and constructing the Project shall be borne solely by Developer and include, but not be limited to the following: all off -site and onsite improvements if any, relocation of any easements as necessary and other related costs generally necessary for the construction of the Project proposed by the Developer. [303] Cost of Constructlon Except as otherwise provided herein, all costs payable to third parties for acquiring the Project Site and constructing the Project, including any off -site improvements shall be borne exclusively by the Developer. The Developer shall also bear all costs related to discharging the duties of the Developer set forth in this Agreement. [3041 Schedule of Performance . 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 F :IDOCIJMENnK61BALDW1N\DDA.V9 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. pjrogress 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. [300] _Aaency and Other Governmental A enc Permits The Developer shall at its own expense use its commercially reasonable best efforts to secure or cause to be secured any and all permits and pay all related fees associated with the permits, which may be required by the City or any other governmental agency required for the construction of the Project. Agency shall provide all proper assistance to Developer in securing these permits. [306] Rights of Access 1. For the purposes of assuring compliance with this Agreement, representatives of the Agency shall have the reasonable rigiit-of- access to the Project without charges or fees, at normal construction hours during the period of construction for the purposes of this Agreement, including but not limited to, the inspection of the work being performed in constructing the Project with at least forty eight (48) hours notice. Such representatives of the Agency shall be those who are so identified in writing by the Community Development Director prior to the access. 2. From and after the Effective Date through the Close of Escrow, .Developer, its agents, employees and contractors shall have the right to enter the Project Site for the purposes of conducting such investigations, inspections and tests of the Project Site as Developer deems necessary in order to determine the condition and suitability of the Project Site including, but not limited to, the Feasibility Matters. Developer hereby agrees to indemnify and hold the Agency harmless from and against any and all loss, expense, claim, damage and injury to person or property resulting from the negligent acts of the Developer, its employees, consultants, engineers, authorized agents and contractors on the Project Site in connection with the FADOCUMEN- RKMBAL.DWINODA.V9 7 111699 performance of any investigation of the Project Site as contemplated herein. [307] Local,, State and Federal Laws The Developer shall carry out the acquisition Project Site and construction of the Project in 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. [308] Taxes Assessments Encumbrances and Liens 9 . 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 Lease are hereby incorporated herein by reference and shall apply to this Agreement. [309] Certificate of Completion 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 shall provide that satisfactory completion of the construction required by this Agreement and all other performance required by Developer under this Agreement has been conclusively determined by the Agency. 2. If the Agency refuses or fails to furnish a Certificate of Completion 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 FADOcuMENTW13\13ALIDWINODA.v9 111699 the Agency's opinion of the action the Developer must take to obtain a Certificate of Completion. If the reason for such refusal is confined to the immediate availability of specific items or material for non- material punch list items, and if the certificate of occupancy has been issued by the City, and if the costs of completion does not exceed $500,000.00, then the Agency will issue its Certificate of Completion upon the posting by the Developer with the Agency of a bond or other collateral in an amount representing the fair value of the work not yet completed. 3. The Certificate of Completion for the Project shall be in such form as to permit it to be recorded in the Recorder's Office of Los Angeles County. 4. The Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of any mortgage or any insurer of a mortgage securing money loan to finance the improvements, or any part thereof. Such Certificate of Completion is not Notice of Compliance as referred to in the California Civil Code Section 3093. This Section is not to be construed as a covenant of continuous operation. 1V. [400] RESIDENTIAL. USE OF THE PROJECT SITE [401] Uses The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Project or any part thereof, that during acquisition, construction, and thereafter, the Developer, such successors and such assignees, shall 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. [4021 Maintenance of the Project Site and the Project During and after completion of the construction of the Project, the Developer, shall maintain the improvements on the Project and shall keep the Project free from any accumulation of debris or waste materials and maintain the landscaping, and shall occupy, maintain and use the Project in accordance with this Agreement and all applicable local, state and federal laws. This obligation for maintenance of the Project shall continue pursuant to the terms of the Ground Lease. [403] Obli ation to Refrain from Discrimination There shall be no discrimination against or segregation of any person, a group of persons, on account of race, color, religion, marital status, disability, national origin or ancestry in the FADOCUMENTlKMBALDWiMDDAM9 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. [404] 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 GroundJLease shall have all of the rights and remedies available to them pursuant to Article 8 of the Ground Lease with respect to the Declaration of Covenants, Conditions and Restrictions and this Agreement. If there is any conflict in the requirements between the TCAC Agreement, and agreement required by any such Lender or the Declaration, the most restrictive requirement shall control. 4. The Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and 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:\DOCUMBNTIKBIBALDW1NIDDA.V9 10 111699 Project. The Agency shall have the right, if the Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. Such rights shall include the right of the Agency to seek a repayment of the Agency assistance for any and all breaches of the terms and provisions of this Agreement, the Declaration of Covenants, Conditions and Restrictions, the Deeds and of the covenants running with the land. [500] ESCROW AND CLOSING_ [5011 Opening of Escrow. Within three (3) business days after the Effective Date, Developer shall open an escrow (the "Escrow ") with Commonwealth Land Title Company, a California Corporation, (the "Escrow Holder") at Commonwealth Land Title Company, 888 W. 6th Street, Fourth Floor, Los Angeles, California 90071 by depositing with Escrow Holder a copy of this fully executed Agreement, or executed counterparts hereof. As used in this Agreement, the "Close of Escrow" shall mean the date a Memorandum of Ground Lease provided for in the Ground Lease is recorded in the Office of the Recorder of Los Angeles County, California. [502] Escrow Closing. 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. [504] Pror 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) dray month. [5051 Posses E:IDOCUMENT\KB1BALDW(NGDA.V9 111699 11 The Agency shall upon the Close of Escrow, deliver to Developer exclusive possession of the Project Site, subject only to the Permitted Exceptions. Vt. [600] CONDITIONS TO DEVELOPER'S OBLIGATIONS_ [6011 Title Review. Developer shall obtain within thirty (30) Business days after the Effective Date, at its sole cost and expense, a Preliminary Title Report for the Property, from Commonwealth Land Title Company, a California Corporation (the "Title Company ") dated on or after the Effective Date, together with legible copies of all documents referenced therein as exceptions to title and a plot plan for the Project Site showing all the locations of all recorded easements (collectively, the "PTR "). 2. Developer shall have thirty (30) days after its actual receipt of the PTR to deliver to the Agency and Escrow Holder written notice (the Title Notice) of Developers approval, conditional approval or disapproval of the title matters disclosed in the PTR. All matters not timely approved by Developer will be deemed disapproved. All such exceptions disapproved by Developer are referred to herein as "Disapproved Exceptions ". The Agency shall have thirty (30) days after (a) receipt of Developer's Title Notice or (b) Developer's deemed disapproval of the PTR to cause such Disapproved Exceptions to be removed from title, or to cause the Title Company to endorse over such Disapproved Exceptions, as of or before the Close of Escrow, and to give Developer and Escrow Holder written notice of those Disapproved Exceptions- which-have bee or.wiJl be 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 FADOCUMENTWMALDWINODAN9 111699 12 to title shown on any supplement to the PTR that may be issued from time to time by the Title Company must be removed by the Agency at or prior to the Close of Escrow, or the Agency shall cause the Title Company to endorse over such exceptions at the Close of Escrow, unless such exceptions are expressly approved by Developer in writing or unless such exceptions constitute Permitted Exceptions. 4. Developer's obligation to proceed to the Close of Escrow shall be conditioned upon the commitment by Title Company to issue an ALTA Owner's Policy of Title Insurance (the "Title Policy ") showing a leasehold interest in the Project Site vested in Developer as tenant with liability equal to 1,000,000, subject only to the Permitted Exceptions together with such endorsements as Developer may reasonably require, including but not limited to an endorsement insuring that the Project Site is a legal lot in compliance with all subdivision requirements of all governmental authorities having jurisdiction over the Project Site, a "fairways" endorsement, a "non - imputation" endorsement, a zoning endorsement and an endorsement insuring that the Project Site has access to a publicly dedicated street. If the Title Company requires a survey in order to issue such Title Insurance Policy then Developer shall provide to the Title Company such survey at its sole cost and expense, provided that Developer shall have the right to waive the requirement for such Title Policy, in which event no survey shall be required. [602] Investigation of the Project Site. Developer shall have the period from the Effective Date until the date which is three hundred sixty -five (365) calendar:days .ihereafter..(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:ID0CUMBN1_\KBIBALDWINIDDA.V9 111699 13 "Authorities" (as such terms are defined in Section [6011 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 [6021.1 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 [6021.1 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 filing of an appeal, or if an appeal is filed, that the appeal is resolved on terms satisfactory to Developer in its sole discretion. E :ID O C U M EMAMBALD W I NT D AN9 111699 14 VIE. [7001 DEFAULTS AND REMEDIES [7011 Defaults..— General Subject to the extensions of time set forth in Section [803], unexcused and uncured failure or delay by either party to perform any material tecm 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.Defaultjf the PotentiaJ 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 Legal Actions 1. 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. F:IDOCUMEN1AKB\BALDWIN0DA.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 Conve ante In the event that the Agency has committed a Potential Default which is not cured within the time hereinabove provided, then the Agreement shall, at the option of Developer, be terminated by written notice thereof to the Agency, provided that such termination shall not adversely affect Developer's right against the Agency under Section [702] or any other rights Developer may have at law or equity. [705] Termination by A en The Agency may terminate this 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: 1. Developer (or any successor in interest) wrongfully assigns or attempts to assign this Agreement or any rights therein, or in the Project, or any part thereof subject to the provisions of Section [816] hereof; 2. Developer fails to complete acquisition of the Project Site and construction of the Project within the period provided for in the Schedule of Performance as such period may be extended as provided for in this Agreement; F:\DOCUMENT\MBALDW1N\ODA.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 [7011 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. [706] Remedies of Acte icy for Default by Developer After Close of Escrow and Prior to Completion 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 seat in the same manner to such other addresses as either parry 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 FAD0CUMENTIKBIBALDWINIDDA.V9 111699 17 any corporation, partnership or association in which they are directly or indirectly interested. No member, official or employee of the Agency shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Agency, or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. [803] Enforced ©e(aY' Extension of Times of Performance in addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of omissions of the other party; acts or failures to act of the Agency of Baldwin Park or any other public or governmental agency or entity (other than the acts required of the Agency under this Agreement); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of the Agency and Developer. 2. Notwithstanding the foregoing portion of this Section 603, the Developer is not entitled pursuant to this Section 603 to an extension of time to perform because of past, present, or future difficulty in obtainirTg suitable temporary or permanently financing for the development of the Project. [804] Non- Liabili of Officials and Em to ees of the A enc No member, official or employee of the Agency shall be personally liable to the Developer or any successor in interest, in the event of any default or breach by the Agency or for any amount which may become due to the Developer, its successors, or on any obligations under the terms of this Agreement. [805] Submission of Documents to the A enc for A pproval 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:\DoCUmENTWM8ALDWMDOA-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 for amendments to this Agreement which may be made by lending institutions, or other parties, provided the requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. With the exceptions stated in Section 703 below, any amendment to this Agreement must be ratified by the Agency's Board of Directors. [8071 Amendments to Sco e of Develo ment 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). [8081 Survivor Provisions Except as provided herein, all of the terms, covenants, agreements, or conditions set forth in this Agreement relating to any parcel or building shall survive for thirty (30) years. (809] Audit Provisions The Agency shall have the right to audit and inspection of the books and records of Developer during normal business hours, affecting the development upon written notice seventy -two (72) hours prior to the audit. Developer shall maintain all books and records relating to this Agreement for four (4) years. [8101 Attorne s' Fees If either party hereto should retain legal counsel for the purpose of enforcing any term or condition of this Agreement, the prevailing party shall be entitled to recover actual and reasonable costs and expenses, including but not limited to reasonable attorneys, fees. [8111 Counterparts This Agreement may be executed in counterparts, each of which is deemed to be an original. FADOCUMENTIKB18ALDWINIDDA.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. [813] Waivers Except as provided in Section [807], the waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Agency and the Developer, and all amendments hereto must be in writing by the appropriate authorities of the Agency and the Developer. [814] Inde endent Re resentation 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] Approvals Not UnreasonablY_Withheld In any circumstance where under this Agreement either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld except as specifically provided for in this Agreement. [816] Ass_ i�er�t 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 reement 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-Da e The date of this Agreement ("Effective Date") shall be the date when it shall have been signed by the Agency. [END OF TEXT. SIGNATURE PAGE FOLLOWS] E:1D0CUMENTtK6IBALDWiNIDDA.V9 111699 20 IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement on the date set forth hereinbelow. ATTEST: Bv: AGENCY SECRETARY APPROVED AS TO FORM: RV- r AGENCY COUNSEL List of Exhibits Exhibit 1 - Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibit 5 - Exhibit 6 - REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK 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:00CUMEN- RK81BALDW1WDDA.V9 111699 21 GROUND LEASE by and between The Baldwin Park Redevelopment Agency ( "Landlord ") and ( "Tenant ") Baldwin Park, California i FADOCUMENTIKBIBALDWIN\ DDkV8 110899 2 TABLE OF CONTENTS Page No. ARTICLE 1. DEFINITIONS .............. ............................... 1 ARTICLE 2. TERM OF LEASE ........... ............................... 5 Section 2.1 Fixed Term ........ ............................... 5 Section 2.2 Possession ........ ............................... 5 ARTICLE 3. RENT ..................... ............................... 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 ......... ............................... 6 Section 4.1 Use and Operation .. ............................... 6 Section 4.2 Zoning and Use Permits ............................. 6 Section 4.3 Approval of Plans Required ................... ..... 7 Section 4.4 Only Lawful Uses Permitted ............................ 7 Section 4.5 Restrictions by Tenant .............................. 7 Section 4.6 Termination of Use Restrictions ....................... S ARTICLE 5. TAXES AND UTILITIES ...... ............................... 8 Section 5.1 Tenant to Pay Taxes . ............................... 8 Section 5.2 Payment Before Delinquency ......................... 8 Section 5.3 Taxes Payable in Installments ........................ 9 Section 5.4 Contest of Tax ...... ............................... 9 Section 5.5 Tax Hold - Harmless Clause ............................ 9 Section 5.6 Utilities ........... ............................... 9 Section 5.7 Payment by Landlord .............................. 10 ARTICLE 6. CONSTRUCTION BY TENANT ............................... 10 Section 6.1 Notice of Commencement of Construction .............. 10 Section 6.2 Construction Obligation; Condition Precedent to Construction ...... ............................... 10 Section 6.3 Condition Precedent to Construction 10 Section 6.4 Compliance With Law and Quality .................... 10 Section 6.5 Mechanics` Lien ... ............................... 11 FAD0CUMENTIKBIBALDW1N1DDA.V8 110899 Section 6.6 Ownership of the Project ............................ 11 ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE ......:............. 11 Section 7.1 Tenant's Right to Encumber Leasehold ........::...... 11 ARTICLE 8. LENDER PROTECTION ..... ............................... 12 Section 8.1 Notice to and Service on Lender ...................... 12 Section 8.2 No Modification of Lease or Termination of Lease Without Lender's Consent .. ............................... 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 Lenders Nominee .. ............................... 17 Section 8.17 Multiple Lenders ................... I ........ ..... 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 Conti nuing.Obligation to Pay Rent .................... 20 ARTICLE 10. INDEMNITY AND INSURANCE ............................. 20 Section 10.1 Indemnity Agreement .............................. 20 Section 10.2 Exculpation of Landlord ............................. 21 Section 10.3 Obligation to Indemnify Other Party ................... 22 Section 10.4 Liability Insurance .. ............................... 22 Section 10.5 Casualty Insurance . ............................... 23 Section 10.6 Required Insurance During Construction ............... 23 Section 10.7 Insurance Terms ... ............................... 24 Section 10.8 Other insurance; Waiver of Rights .................... 24 Section 10.9 Adjustment ....... ............................... 24 Section 10.10 Lender Requirements .............................. 25 F:\D0GUMEN-RKB\BALDW1N\DDA.V8 110899 ii Section 10. 11 Environmental Indemnity ............................ 25 ARTICLE 11. CONDEMNATION ........................................ 25 Section 11.1 Definitions ........ ............................... 25 Section 11.2 Notice and Representation .......................... 27 Section 11.3 Total or Substantial Taking .......................... 27 Section 11.4 Partial Taking ..... ............................... 28 Section 11.5 Limited Takings .... ............................... 29 Section 11.6 Partial Taking During Final Years of Lease Term ......... 30 11.7 Allocation of Award of Tenant's Section 11.6 Election ............. 30 ARTICLE 12. ASSIGNMENT AND SUBLEASING .......................... 30 Section 12.1 Tenant's Right to Assign Lease Without Landlord's Consent or Approval ....... ............................... 30 Section 12.2 Lease Termination Upon Assignment ................ I . 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 FAD0CUMENTIKBIBALDW1NIDDA.V8 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 Attornment ....... ............................... 38 Section 15.18 Limit of Tenant's Liability ....................... ...... 39 Section 15.19 Limit of Landlord's Liability .......................... 39 Section 15.20 Sections ......... ............................... 39 Section 15.21 Incorporation of Preamble and Exhibits ................ 39 f FADOCUMFNTRKBIBALDW1N1DDA.V8 110899 iv GROUND LEASE This Ground Lease ( "Lease ") is made by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (party to be designated by Kaufman and Broad Multi- Housing Group, Inc.) (herein called "Tenant "), with respect to the land and premises located in the City of Baldwin Park, County of Los Angeles, State of Califomia described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property "). This Lease shall be on the following terms and conditions: ARTICLE 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 Dent" means the Base Rent payable by Tenant to Landlord as provided in Section 3.1 hereof. "Bridge Loan" means any loan secured by Lien made by KBMH Capital, Inc. or any Affiliate thereof with respect to the Project. "Capital Improvement Loan" means any loan or loans to Tenant secured by a Lien, which is made to finance additional capital improvements for the Project, after Completion of Construction. "Cash Expenditures" means, with respect to any period, all expenditures of cash with respect to the operation of the Project by Tenant during such period including, without limitation, payment of operating expenses, payment of Base Rent and other obligations under this Lease other than Additional Rent, payment of the Permit Fees, payment of Debt Service and principal and interest on the indebtedness of Tenant, payment of real estate taxes, assessment and bonds, cost of repair and restoration of the Project (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 AD OC U M EN- RKMALD W [NT DAN8 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 -Pees 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. r "Construction Loan" means any loan or loans secured by a Lien, the majority of the proceeds of which are used to finance the construction of the Project and the remainder of which are used to pay for interest, fees, points, reserves, attorney's fees, closing costs and costs normally or customarily incurred in obtaining a construction loan. "Debt Service" means the total payments required to be made by Tenant, with respect to any period, for payment of any loan which may be secured by a Lien or otherwise obtained by or funded to Tenant in connection with the Project whether or not secured by a Lien, including but not limited to debt service payments on the Construction Loan, Bridge Loan, Permanent Loan, and any Capital Improvement Loans, Negative Cash Flow Loans or any refinancing of the foregoing loans. If upon foreclosure of any Loan secured by a Lien, the Lender making or holding such loan acquires Tenant's interest underthis Lease, then, for purposes of calculating Additional Rent payable by such Lender as the Tenant under this Lease, the portion of the Debt Service, which would otherwise have been payable by Tenant to such Lender had such Lender not foreclosed, will be imputed in calculating Net Spendable Cash Flow. "Developer Fee" means the maximum fee permitted by the California Tax Credit Allocation Committee that may be paid by Tenant as a developer fee. FADOCUMENTIKBIBALD W 1N1DDA.V8 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 sect; the Resource Conservation and Recovery Act, 42 U.S.G. 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. FAD©CU1V1ENTIKBIBALDWINI0DA.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 orthe 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 Califomia on the date of payment. "Project" 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. FADOCUMENTIKMALDWINODAY8 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 Rentf') 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 FADOCUMFNTIKBIBALD WIMDDAM8 110899 5 Receipts and Cash Expenditures for each Year for three (3) Years next succeeding the close of each Year. Such records shall be available for inspection by Landlord or an authorized representative of Landlord, on five (5) business days prior written notice to Tenant during such three (3) Year period, and Landlord shall have the right to take excerpts therefrom and make copies thereof without removing them from Tenant's office for the purposes of making any computations or verification of any statements submitted by Tenant pursuant to this Section. To the extent that an audit by Landlord shall determine that there has been a deficiency in the payments of Additional Rent by Tenant, the amount of such deficiency shall be and become forthwith due and payable by Tenant from its share of Net Spendable Cash Flow. In addition, if Tenant's statement for any Year shall be found to have understated the appropriate Additional Rent as a result of said understatement by more than five percent (5 %), then Tenant shall pay from its share of Net Spendable Cash Flow, all of Landlord's reasonable costs and expenses connected with any audit or review of Tenant's accounts and records which disclosed such discrepancy. If there is not an understatement of more than five percent (5 %), the cost of such audit or review shall be borne by Landlord. Section 3.6 Net Rent. Tenant shall pay all of the Rent provided for in this Lease to Landlord, absolutely net throughout the term of this Lease, without deduction for any charges, assessments, impositions or deductions of any kind and without abatement, deduction or set -off. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of, the parties, shall Landlord be expected or required to make any payment of any kind whatsoever or to perform any act or obligation whatsoever or be under any obligation or liability_ hereunder or with respect to the Property except as specifically set forth in this Lease or as required by any common law, statute or regulation. ARTICLE 4. USE OF PROPERTY Section 4.1 Use and Operation. Notwithstanding anything contained in this Lease to the contrary, Tenant may use the Property for any lawful purpose, including without limitation the construction and operation thereon of the Project, subject to the requirements and limitation of the Regulatory Agreements. Tenant shall conduct its business on the Property at all times in a respectable, reputable and lawful manner. It is 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 E:ID0CUMEN1_IKBIBALDWIN\DDA.V8 110899 6 Property, Landlord agrees to execute such documents, petitions, applications and authorizations as may be necessary or appropriate to 'obtain any such approvals or permits, provided, however, that any such approvals or permits shall be obtained at the sole cost an expense of Tenant, and Tenant agrees to protect and save Landlord and the property of Landlord, including the Property, free and harmless from any such cost and expense, provided Landlord is in compliance with the provisions hereof. Section 4.3 Approval of Plans Required. No structure or other improvement of any kind shall be erected or maintained on the Property, or any part thereof, unless Tenant has obtained all the approvals required from all governmental agencies having jurisdiction, and substantially in accordance with plans and specifications prepared by a licensed architect, engineer or contractor, provided that Tenant shall have the right to commence construction of the Project when it has obtained a grading permit or its equivalent from the City (the "Grading Permit "). Tenant acknowledges that a Grading Permit shall not issue until Tenant has received all discretionary approvals from agencies with jurisdiction over the Project, including but not limited to, a conditional use permit from the City. Section 4.4 Only Lawful Uses Permitted. Tenant shall not use the Property or any part thereof in any manner that is in violation of any valid law, ordinance or regulation of any federal, state, county or local governmental agency, body or entity, provided however that nothing herein contained shall limit Tenant's right to contest any such law, ordinance or regulation and continue its use of the Property pending said contest so long as said continued use is permitted by law, ordinance or regulation during said contest. Furthermore, Tenant shall not maintain or commit any nuisance as now pr hereafter defined by any statutory or decisional law applicable to the Property and/or the Project or any part thereof. Section 4.5 Restrictions by Tenant. In connection with Tenant's development, use and operation of the Property and /or the Project, Tenant shall have the right, at any time and from time to time during the term of this Lease to enter into, deliver, record, and otherwise consent to or impose any covenants, conditions or restrictions, condominium plans, parcel maps, subdivision maps, and easements, including the Regulatory Agreements (all of such matters and actions are hereinafter collectively referred to as "Restrictions and Covenants") applicable to and against Tenant's interest in the. Property and /or the Project, or any part thereof, and the leasehold estate created hereby, and Landlord shall cooperate with Tenant and on written request of Tenant shall join with Tenant in executing such Restrictions and Covenants. Tenant shall not have the power or authority to impose Restrictions and Covenants on the fee estate of Landlord without Landlord's prior written consent, which shall be granted for any Regulatory Agreements, and for any other Restriction or Covenant, if such other Restriction and Covenant is required by any governmental entity having jurisdiction over the Property and/or Project in order for Tenant to improve the Property with the Project. Landlord acknowledges and agrees that operating the Project in accordance with the Regulatory Agreements and the F:ID0CUMEN- nKMBALDW1NIDDA.V8 110899 7 requirements of Section 42 of the Internal Revenue Code and Section 23610.5 of the California Revenue and Taxation Code in order to provide low income housing tax credits to Tenant, will have a substantial adverse impact on the Cash Receipts, Net Spendable Cash Flow and Additional Rent payable hereunder, and Landlord specifically agrees and consents to Tenant's so operating the Project in accordance with the Regulatory Agreements and requirements for such tax credits. Section 4.6 Termination of Use Restrictions. .Landlord agrees that, in addition to all the Lender protection provisions contained in Article S ( "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 ") and /or4.5 ( "Restrictions by Tenant ") hereof in the event of an involuntary noncompliance with the provisions of either of said Sections caused by foreclosure of the Lien of such permanent loan, delivery of a deed in lieu of foreclosure or comparable conversion of such permanent loan, fire, seizure, requisition, change in a federal law, or an action of a federal agency, or condemnation or a similar event, but only if (i) within a reasonable period thereafter the bonds ( "Bonds ") issued in connection with such Permanent Loan, in an aggregate principal amount equal to such Permanent Loan are paid in full and retired, and further that the restrictions of the Disposition and Development Agreement and in said Sections 4.1 ( "Use and Operation ") and /or 4.5 ( "Restrictions by Tenant ") shall be reinstated if, at any time subsequent to the termination of said restrictions as the result ofthe 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 1.103 - 10(e) of the Treasury Regulations) obtains an interest in the Property .which, - constitutes. an ownership interest for federal income tax purposes, or (ii) an opinion of bond counsel is delivered to the issuer of the Bonds to the effect that such termination will not adversely affect the exclusion from gross income for federal income tax purposes of the interest payable on the Bonds. ARTICLE 5. TAXES AND UTILITIES Section 5.1 Tenant to Pay Taxes. In addition to the Rent required to be paid under this Lease, Tenant shall pay, and Tenant hereby agrees to pay, any and all taxes (including possessory interest taxes, assessments, and other charges levied or assessed during the term of this Lease by any governmental agency or entity on or against said Property and Project (other than the interest of Landlord), or any other improvements or other property in or on the Property or Project owned by Tenant, except for any increase in real estate taxes or assessments on account of any transfer or change in ownership by Landlord of its fee title to the Property other than to Tenant. FADOCUMEN- RKMALDW INWAY8 11 0899 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 fled before the tax, assessment or other charge at which it is directed becomes delinquent, and written notice of the contest, opposition or objection must be given to Landlord at least fifteen (15) days before the date the tax, assessment or other charge becomes delinquent. Landlord -- :shall,, -.<on 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, FADOCU M FN- RMBALD W I MD DAN8 110899 9 telephone service, and other public utilities to said Property and Project and for the removal of garbage and rubbish from said Property,and Project. Section 5.7 Payment by Landlord. Unless Tenant contests the imposition of the tax, assessment or other charge, should Tenant fail to pay within the time specified in this Article any taxes, assessments or other charges required by this Article to be paid by Tenant, Landlord may, upon sixty (60) days' prior written notice to Tenant, pay, discharge or adjust such tax, assessment or other charge 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 Commencement of Construction. No work of any kind shall be commenced on and no building or other materials shall be delivered for the Project, nor shall any other building or land development work be commenced or building materials be delivered on or to the Property until at least five (5) days after written notice has been given by Tenant to Landlord of the commencement of such work or the delivery of such materials. This Section shall apply only to initial work or delivery of material and not to subsequent work or deliveries. Landlord shall, at any time and .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 Precedentto Construction. Tenant shall enter into a construction contractwith a licensed general contractor ( "General Contractor") for construction of the Project in accordance with plans which have been approved by the City. Section 6,3 Condition Precedent to Construction. Before commencement of construction of the Project, Tenant shall deliver to Landlord (i) a copy of the Grading Permit or its equivalent, (ii) evidence of builder's risk insurance in accordance with requirements of Section 10.6 ( "Required Insurance During Construction "), and (iii) evidence of proper workers 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 F AD OC U M E NTRKMBALD W i MD DA.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 r valid final certificates of occupancy, or their equivalent, have been issued by the governmental authority having jurisdiction for all structures or other improvements comprising the Project. Section 6.5 Mechanics' Lien. Tenant hereby agrees to indemnify and save Landlord harmless from and against any loss, damage or liability arising out of any mechanics' liens for claims for labor or services, materials,or supplies or equipment performed or furnished to the Property at the request of Tenant, its agents, contractors, subcontractors or assigns. Section 6.6 Ownership of the Project. Upon expiration or sooner termination of this Lease, all buildings and improvements, located on the Property; including but not limited to the Project, shall belong to and become the property of Landlord, free from any rights, claims and liens of Tenant or any person, agency, political subdivision, firm or corporation claiming under Tenant, without any compensation therefor from Landlord; to Tenant or to any other person, agency, political subdivision, firm or corporation, but subject to the rights of subtenants in possession. Upon the expiration or soonerlermination -of this Lease, except for a new lease under Section 8.7 ("New Lease to Lender`), such building and improvements shall be surrendered to Landlord. Tenant shall also upon the expiration or sooner termination of this Lease surrender to Landlord such personal property owned by it used in the operation of the Project such as furniture, office equipment, maintenance equipment, pool furnishings, library.and craft shop equipment, if any. Except as provided in the immediately preceding sentence, Tenant shall have the right to remove any computer equipment, files, books, records, office supplies and other personal property without any accounting to Landlord so long as removing any such property does not cause or result in any physical damage to the Project. ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE Section 7.1 Tenant`s Right to Encumber Leasehold. Tenant, to obtain a Loan, or Loans, may mortgage, pledge, hypothecate or otherwise 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. FAD0CUMENTIKBIBALDWINIDDA.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 fumished in writing to Landlord by Tenant or Lender. The date of notice shall be the date marred 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 anyway 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:; 8.31 Do any act or thing required of Tenant under.this.Lease, and -any such act or thing done and performed by Lender shall be as effective to prevent a forfeiture or loss of Tenant's rights under this Lease as if done by Tenant himself; 8.3.2 Transfer, convey or assign the right, title and interest of Tenant in and to the leasehold estate createdby this Lease to any purchaser at any foreclosure sale, whether the foreclosure is conducted pursuant to court orderor 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. FAD0CUMENnKBIBALDWINIDDA.V8 110899 12 Section 8.4 Right of Lender to Cure Defaults. Should Tenant obtain any Loan secured by any Lien pursuant to Article 7 ( "Encumbrance of Leasehold Estate "), then before Landlord may terminate this Lease because of any default under or breach of this Lease by Tenant, Landlord must give (i) written notice of the default or breach (the "Initial Default Notice ") and (ii) written notice of the failure of the Tenant to cure the default or breach (the "Second Default Notice ") to Lender concurrently with the transmittal of such notices to Tenant and afford the Lender the opportunity to: 8.4.1 Cure the breach or default (including the payment of all accrued and delinquent Rent) at any time prior to the sixtieth (60th) day after service on Lender of the Second Default Notice where the default can be cured by the payment of money to Landlord or some other person, provided Lender shall not be required to pay delinquent Additional Rent unless Lender has collected Net Spendable Cash Flow for the period in question; 8.4.2 Cure the breach or default within one hundred twenty (120) days after service on Lender of the Second Default Notice where the breach or default must be cured by something other than the payment of money and can reasonably be cured within that time; or 8.4.3 Cure the breach or default in such reasonable time as may be required where something other than the payment of money is required to cure the breach or default and cannot be reasonably cured within one hundred twenty (120) days after service on Lender of the Second Default Notice, provided that acts to cure the breach or default are commenced within that time period after service of the Second Default Notice. on Lender by Landlord and are thereafter diligently continued by Lender. If in order to complete the cure of the default or breach Lender requires access to the Property and Project the foregoing cure period shall not commence until Lender obtains possession of the property, provided that the Lender diligently seeks to obtain such possession by a foreclosure action or otherwise and diligently pursues such action all within the time periods set forth in Section 8.5 ( "Foreclosure in Lieu of Curing Default "). If Lender completes the cure of the default or breach in a timely and proper manner, Landlord shall accept the dare 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: FADOCUMENTIKBIBALDWINODA.V8 110899 13 8.5.1 They are commenced within one hundred twenty (120) days after service on Lender of the Second Default Notice; 8.5.2 They are, after having been commenced, diligently pursued; and 8.5.3 Lender keeps and performs all of the terms,. covenants and conditions of this Lease (including the payment of Rent, including past due Rent, under #his Lease) requiring the payment or expenditure of money by Tenant accruing after commencement of the Proceedings until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, payment or conveyance of the leasehold estate to Lender, provided Lender shall not be required to pay past due Additional Rent unless Lender has collected Net Spendable Cash Flow for the period in question. Section 8.6 Assignment Without Consent on Foreclosure. Provided that a Lender gives written notice of transfer to Landlord setting forth the name and address of the transferee as well as the effective date of the transfer, the written consent of Landlord shall not be required for transfer after Completion of Construction of the Project of Tenant's right, title and interest under this Lease to: 8.6.1 Any purchaser, which includes the Lender, at a foreclosure sale of a Lien, whether the foreclosure is conducted pursuant to court order or pursuant to a power of sale in the instrument creating the Lien, provided, however, that the subsequent purchaser agrees to execute an agreement containing the same covenants, conditions, and provisions as those in the Disposition and Development Agreement unless the purchaser is a Lender, in which event the provisions of Section 4.6 hereof shall apply and in the event that Section 4.6 does not apply, then the provisions of Section 8.6.2(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 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 FADOCUMEN- RMBALDWCNMAN8 110899 14 or transferee of this Lease from any lender shall,be able to assign this Lease without the approval or consent of Landlord regardless of the date of the assignment. Section 8.7 New Lease to Lender. Notwithstanding any other provision of this Lease, should this Lease terminate because of any default which cannot be cured by Lender, including without limitation, the insolvency or bankruptcy of Tenant or should this Lease terminate for any reason Landlord shall, within thirty (30) days after the request set forth in Subsection 8.7.1 ( "New Lease to Lender ") below is received, execute and deliver a new Lease for said Property and Project to the Lender, provided: 8.7.1 A written request for the new Lease is served on Landlord by Leader 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 FADOCUM ENi1KB1BALDW[NWDA.V8 110899 15 b. Excuse the performance of any act required by Article 6 ( "Construction by Tenant") of this Lease that has already been performed but Lender, and Lender's assignee as Tenant under the new Lease, shall be liable for payment of all costs and expenses incurred in the performance of any act required by Article 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 andfor Project. 8.7.7 The new Lease and any Lien shall have the same priority as the original Lease and any Lien on the original Lease, and any intervening liens on Landlord's fee interest shall not have any priority over the new Lease or any Lender's Lien thereon. 8.7.8 Lender, on execution of the new Lease, shall pay to Landlord all of Landlord's reasonable costs and expenses, including reasonable attorney's fees and court costs incurred in terminating this Lease, recovering possession of the Property and Project from Tenant and preparing the new Lease. Section 8.8 No Merger of Leasehold and Fee Estates. There shall, during the existence of any Lien, be no merger of the leasehold estate created by this Lease and the Fee without the consent of each Lender merely because both estates have been acquired or become vested in the same person or entity. Section 8.9 Lender as Assignee of Lease. No Lender shall be liable to perform the obligations of the Tenant under this Lease unless and until such time as Lender becomes the owner of the leasehold estate created hereby and acquires the right, title and interest of Tenant under this Lease through foreclosure, transfer in lieu; of foreclosure, assignment or otherwise, and thereafter such Lender shall remain liable only so long as such Lender remains as the owner of the leasehold estate. Section 8.10 Lender as Including Subsequent Security Holders. The term "Lender" as used in this Lease shall mean not only the person, persons or entity that loaned money to Tenant and is named as beneficiary, Mortgagee, secured 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, aria 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:IDOCUMENTIKBIBALDWINIDDA.V8 110899 16 Section 8.13 Amendments. Landlord and Tenant shall cooperate in including in this Lease by suitable amendment from time to time any provision which may reasonably be requested by any Lender or proposed Lender for the purpose -of implementing the mortgagee- protection provisions contained in this Article and allowing such. Lender reasonable means to protect or preserve its Lien on the occurrence of a default under the terms of this Lease; provided, however, that such amendment shall not have a material adverse effect on Landlord's rights or obligations under this Lease. Landlord and Tenant each agree to execute and deliver (and to acknowledge, if necessary, for recording purposes) any agreement necessary to effect any such amendment. Section 8.14 Restriction on Landlord's Right to Encumber the Fee. Landlord shall not mortgage, hypothecate, pledge or encumber its interest in the Property or any part thereof without the prior written consent of the then outstanding Lenders, or any successors thereof, having provided a loan unless there is an express subordination of the new encumbrance of Landlord's interest in the Property to this Lease which subordination shall be in a form acceptable to said Lender or successor thereof having provided the loan. Section 8.15 Restriction on Subordination of Tenant's Interest. Any subordination or attempted subordination by Tenant to any mortgage, deed of trust, encumbrance or other security interest on Landlord's interest in the Property or any part thereof shall be void ad initio and shall have no force or effect unless first agreed to in writing by all outstanding Lenders or successors thereof having provided a loan. The restriction set forth in this Section 8.15 shall only apply to outstanding Lenders that have provided a Loan or Loans for which the majority of the proceeds were used for the construction, development, maintenance, or operation of the Project or to repay any of such loans or to refinance any of said Loans. Section 8.16 Lender's Nominee. Any right of Lender under this Lease may be exercised by a nominee of Lender. Section 8.17 Multiple Lenders. Where there is a right herein to be exercised by a Lender and there exists more-than one Lender the right may exercise in the order of priority of each Lender's Lien. ARTICLE 9. REPAIRS AND RESTORATION Section 9.1 No Obligation of Landlord. Landlord shall not be required or obligated to make any changes, alterations, additions, improvements or repairs in, on, or about the Property, the Project or any part thereof. Section 9.2 Maintenance by Tenant. It is the intention of the parties that the Project shall at all times be maintained in a good condition, and that Tenant shall keep and maintain the Property and the Project in such condition free from rubbish and debris, FADOCUMEN- RMBALDWINODA.V8 110899 17 reasonable. wear and tear excepted, and shall repair all damage resulting from use, including willful action (whether proper or improper) or negligence, by Tenant or any persons permitted to be on the Property by or with the consent of Tenant, express or implied, except Landlord, or resulting from Tenant's failure to observe or perform any covenant of Tenant under this Lease. Tenant's obligation pursuant to this Section shall not alter Tenants 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 604 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 can. notbe.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 ofTenant, 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 othercause (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 FADOCUM ENTWMALDWIMDDAN8 110899 18 Casualty, at Tenant's own cost and expense, all debris and remains of the damaged improvements from the Property, where: 9.4.1 Any buildings or improvements hereafter located on the Property are so damaged or destroyed by a Casualty during the last fifteen (15) years of the term of this Lease that such buildings or improvements cannot be repaired and restored at a cost which is less than fifty percent (50 %) of the cost to replace all of the buildings and improvements located on the Property if totally destroyed; or 9.4.2 Any building or improvements hereafter located on the Property are so damaged or destroyed by a Casualty during the last ten (10) years of the term of this Lease that such buildings or improvements cannot be repaired and restored at a cost which is less than twenty five percent (25 %) of the cost to replace all of the buildings and improvements located on the Property if totally destroyed; or 9.4.3 Any buildings or improvements hereafter located Ion the Property are damaged or destroyed by a Casualty at any time during the term of this Lease and insurance proceeds available to Tenant from the insurance required in Section 10.5 ( "Casualty Insurance ") are not sufficient to cover one hundred percent (100 %) of the cost to repair and restore such damaged or destroyed buildings or improvements. Section 9.5 Application of Insurance Proceeds. Except as hereinafter provided in this Section 9.5 ( "Application of Insurance Proceeds "), and subject to the rights of any Lender (which rights shall have priority over any contrary rights in this, Lease) all insurance proceeds paid to Tenant hereof on account of any damage or destruction, less the actual cost, fees and expenses, if any, incurred in connection with the adjustment of the loss (which costs, fees or expenses shall be reimbursed to the. party j acuning 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, or alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement, rebuilding or operations are hereinafter collectively referred to as the "Restoration "). Such proceeds shall be paid out from time -to -time to Tenant or in accordance with its directions, as such Restoration progresses upon the written approval of Landlord and the written request of Tenant. Notwithstanding the foregoing, the approval of Landlord to any disbursement of insurance proceeds to Tenant shall not be required at any time that such insurance proceeds are being held and distributed by any Lender for the purpose of such Restoration; provided, however, that such Lendershall 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 ADOCUMENIAMBALOW WWAN8 110899 19 of satisfactory evidence that the Restoration has been fully completed and paid for in full and that there are no liens of the character referred to in Section 6.5 ( "Mechanic's Lien ") hereof, and there is no default under the terms, conditions, covenants and agreements of this Lease which can not be cured by the payment of money or any default hereunder which has become an event of default, any balance of the insurance proceeds at the time held by an insurance trustee or Lender shall be paid to Tenant. Notwithstanding anything contained in this Lease to the contrary, however, should Tenant exercise the option given Tenant by Section 9.4 ( "Damage or Destruction") of this Lease to terminate this Lease because of damage to or destruction of buildings or improvements on the Property, then, in that event, any and all fire or other insurance proceeds that become payable because of such damage or destruction shall be applied in the following priority: 9.5.1 first, toward the payment of the unpaid obligations secured by any Liens in the order of the respective priorities of said Liens, including any prepayment penalties or premiums assess or imposed for prepayment; 9.5.2 second, toward the removal of all debris and remains of the damaged improvements from the Property; and 9.5.3 third, the balance of the proceeds, if any, shall be allocated between Tenant and Landlord according to the following formula: Tenant shall receive that portion of such balance which is equal to the balance of the proceeds multiplied by a fraction, the numerator of which is the number of years orfraction thereof remaining in the term of this Lease and the denominator of which is fifty -seven (57) and Landlord shall receive all of the proceeds remaining after the payment to Tenant provided for in this Subsection 9.5.3 ( "Application of Insurance Proceeds "). Section 9.6 Continuing Obligation to Pay Rent. Except for Tenant's right to terminate this Lease as provided in Section 9.4 ( "Damage or Destruction "), no destruction of, or damage to the structures or any part thereof by fire or any other cause shall permit Tenant to terminate this Lease nor relieve Tenant from its obligations to pay the full Rent payable under this Lease or from any of its other obligations under this Lease. Tenant waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrenderthis Lease orthe 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- RKMBAL©WIM©©A.V8 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 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; 1 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 arty 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, FADOCUM ENi1KB1BALDWIN0DA.V8 110899 21 or coming through any skylight, window, wall or trapdoor, or otherwise, whether as the result of storms or accident or otherwise; 1 0.2.2 for any damages arising from the leakage or discharge of electric current in or upon the Property or the Project or resulting from defective wiring, defective work in the installation of electric wires, electrical apparatus or equipment or other damages arising from the use of electricity upon the Property or the Project, or any improvement situated thereon, either for lighting or for any other purpose, whether such use shall be by Tenant or any other occupant of said building, or otherwise; nor, 10.2.3 for any damages arising from any act or neglect of sublessees of the Property or the Project under subleases with Tenant, or occupants thereof authorized by Tenant. In case any action, suit or proceeding (collectively "Suit ") is brought against Landlord by reason of any occurrence described in Section 10.1 ( "Indemnity Agreement ") or in Section 10.2 ( "Exculpation of Landlord "), Tenant, upon Landlord's written request, will resist and defend such Suit, or cause the same to be resisted and defended by counsel designated by Tenant and approved by Landlord unless such Suit arose out of the willful misconduct and/or negligence of Landlord or its authorized agents, in which event Tenant shall have no such duty or obligation. Section 10.3 Obligation to Indemnify Other Party. If either party is made a party defendant to any litigation concerning this Lease or the Property or the Project, or the occupancy thereof by the wrongful action of the other, then the wrongful party shall indemnify and hold harmless the other party from all liability by reason of said litigation, including reasonable attorneys' fees and expenses incurred by said other party in any such litigation whether or not any such litigation is prosecuted to judgment. Section 10.4 Liability Insurance. Tenant shall secure promptly and maintain during the entire term of this Lease the following insurance for the mutual benefit of Landlord and Tenant: 10.4.1 a broad form comprehensive coverage policy of public liability insurance on an "occurrence basis" (as primary and not secondary coverage) insuring both Tenant and Landlord against claims for personal injury, death or property damage caused by or connected with Tenant's occupation and use of the Property and the Project under this Lease which insurance policy or policies (including umbrella coverage of any) shall afford protection to the limit of at least Five Million Dollars ($5,000,000) with respect to any one accident. Tenant agrees that such limits referred to in this Section shall be increased from time to time as commercially reasonably requested by Landlord in writing, and provided such increased limits are then being written on other comparable property. Said insurance shall name Landlord as additional insured and shall be primary and not secondary coverage. Such insurance shall include liability for bodily injury or property damage arising out of the use, by or on behalf of Tenant, or any other person or organization, of any owned, non- owned, leased or hired automotive equipment in the F:1B0CUMEN_rWB\BAL)WINId©A.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 following Completion of Construction forthe mutual benefit of Landlord and Tenant as named insureds, against loss or damage by fire and lightning and against loss or damage by other risks embraced by coverage now known as the broad form of extended coverage, including but not limited to, riot and civil commotion, vandalism and malicious mischief, insurance against loss or damage from explosion of boilers, generators, transformers, heating apparatus and air conditioning 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 FADOCUMEN- RMBALDWINODAN8 11€1899 23 such amount and with such coverage as required by the Lender making the loan financing the construction of the Project. Section 10.7 Insurance Terms. Tenant shall procure policies for such insurance for periods of from one (1) to three (3) years, as Tenant shall elect and shall deliver to Landlord certified copies of such policy or policies, or certificates thereof with evidence of the payment of the premiums therefore on or before the commencement of the term of this Lease, and shall procure and deliver evidence of renewals thereof from time to time at least thirty (30) days before the expiration ortermination of any similar policy then existing. If Tenant fails to deliver evidence of such renewals as provided in the last preceding sentence, Landlord shall give Tenant written notice of such failure and if within thirty (30) days of such notice Tenant fails to deliver evidence of such renewals, Landlord may procure any such insurance for such periods as Landlord shall elect, and Tenant shall, on demand, reimburse Landlord for all reasonable costs for such insurance. Tenant shall attempt to require that each such policy shall provide that no interest of Tenant shall be subject to cancellation or termination except upon not less than thirty (30) days' prior written notice to Landlord. Tenant, without cost to Landlord, agrees to name Landlord and any Lender as a party insured on all insurance policies carried by Tenant on the Property or Project. All policies shall be issued by companies of recognized responsibility, reasonably acceptable to Landlord authorized to transact business in California. Each such policy or certificate therefore issued by the insurer shall, to the extent obtainable, contain a provision that no act or omission of Tenant which would otherwise result in forfeiture or a reduction of the insurance therein provided shall affect or limit the obligation of the insurance company to pay the amount of the loss sustained. Section 10.8 Other Insurance; Waiver of Rights. If insurance is carried by either party with respect to the Property or the Project, and such -insumnce-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 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 OC U M EN- RMBALD W I NMAN8 110899 24 Section 10.'10 Leader 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, orare 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. FADOCUMEN- RKBTALDWINTDA.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. 11.1.5 'Taking" means a Total Taking, Substantial Taking or Partial Taking 11.1.6 "Total Taking" means the taking by Condemnation of the fee title to all the Property and all the improvements thereon, including, but not limited to, the Project. 11.1.7 "Substantial Taking" means the taking by Condemnation of so much of the Property or improvements located thereon, including, but not limited to, the Project, or both that one or more of the following conditions results: a. The 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 FAD©CUMENi1KB\BALDW INIDDA.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 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 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 FADOCUMEN-RMBALDW1NTDAM8 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 priorty 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 andlor 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 FADOCUMENTIKMALDW IMDDAM8 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 (64) 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 Tenants 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 Subjectto the rights of Lenders on a Partial Taking, the Award shall be deposited in the manner provided in Section 19.3.4 ( "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 anyway 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. FADOCUMENnKB\BALDW INIDDA.V8 110899 29 Section 11 .6 Partial Taking During Final Years of Lease Term. Tenant, at its option, may be relieved of the obligation to Restore if a Partial Taking occurs during the final twenty five (25) years of the term of this Lease if the work of restoration would cost more than twenty five percent (25 %) of the then replacement value of the Project and Tenant complies with all of the following conditions: 11 .6.1 Within sixty (60) days after Tenant's share of the Award is determined in accordance with Sections 11.7 ( "Allocation of Award of Tenant's Section 11.6 Election ") and 11.4 ( "Partial Taking "), Tenant gives Landlord notice of its election not to Restore; 11.6.2 Tenant is not in material default under any provision of this Lease; 11.6.3 Tenant continues to pay all Rents and any other payments when due as required under this Lease, provided that the requirement of this Subsection 11.63 ( "Partial Taking During Final Years of Lease Term ") shall be waived, if and when Tenant delivers possession pursuant to this Article. 11.6.4 Tenant delivers possession of the Property and Projectto Landlord. 11.6.5 Tenant shall receive the present value of the remaining years of Tenant's leasehold interest on that portion of the Property and the Project, and, Landlord shall receive the balance of the Award. 11.7 Allocation of Award of Tenant's Section 11.6 Election. If Tenant elects to be relieved of the obligation to Restore as provided in Section 11.6 ( "Partial Taking During Final Years of lease Term "), then the Award shall be treated in the sane 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; FADOCUMENTWMALDWINODA.V8 110899 30 Lease; and 12.1.2 theterm of any assignment shall not extend beyond the term of this 12.13 all assignments shall be subject to the terms, covenants and conditions of this Lease. Section 92.2 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 - successor�n interest ofTenant 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 priorwritten 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:IDOCUMENTIKB\BALDWINIDDA.V8 1 103899 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 preventthe granting of temporary easements or permits to facilitate the construction of the Project. 12.4.5 Except as expressly hereinafter provided, any such proposed transferee, assignee, or sublessee, for which the Landlord consent is required hereunder, shall have the qualifications and financial responsibility necessary and adequate as may be reasonably determined by Landlord, to fulfill the obligations undertaken in this Lease by Tenant. Any such proposed transferee, sublessee, or assignee, for whose consent Landlord approval is needed, by instrument in writing satisfactory to Landlord and in recordable form for itself, its successors and assigns, and for the benefit of Landlord shall expressly assume all of the obligations of Tenant underthis Lease and the Disposition and Development Agreement and agree to be subject to all the conditions of Tenant under this Lease and agree to be subject to all the conditions and restrictions to which Tenant is subject. There shall be submitted to Landlord for review, all instruments and other legal documents proposed to effect any such transfer, sublease or assignment, and if approved by Landlord, its approval shall be indicated to Tenant in writing. 1 2.4.6 In the absence of a specific written Lease bythe Landlord, no such transfer, assignment or approval by the Landlord shall be deemed to relieve the Tenant or any other party from any obligations underthis Lease until Completion of Construction and sale of the Project. 12.4.7 Notwithstanding anything contained herein to the contrary, Tenant shall have the right, and the limited partner' of Tenant shall have the rightto- ssign- 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 FAD©CUM NTIKBIBALDWIMDDA.V8 110899 32 one hundred eighty (180) days after receipt of written notice of default where the default must be cured otherthan the payment of money and can be cured within said one hundred eighty (180) days, or within such reasonable time as may be required to cure the default which default cannot be cured by payment of money or cannot be performed within one hundred eighty (180) days, so long as Tenant diligently pursues the cure, then Landlord shall, in addition to any other remedies available to Landlord at law or in equity, have the immediate option to terminate this Lease and all rights attendant hereunder by giving written notice of such intention to terminate to Tenant. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant: 14.2.1 The worth at the time of the award of any unpaid Rent which had been earned at the time of such termination; plus 14.22 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 142.3 ( "Termination for Breach by Tenant ") above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award, plus one percent. Section 14.3 Landlord's Right of Reentry. In the event of any such default and failure to cure by Tenant, Landlord shall also have the right, with or without terminating this Lease, to reenter the Property and the Project, and subject to the rights of occupancy of subtenants, to remove all persons and property from the Property and the Project. (Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant.) Section 14.4 Landlord's Right to Relet the Property. In the event of the abandonment by Tenant as provided in Section 14.1 ( "Abandonment by Tenant "), or in the FADOC€JMENTIKBIBALDWINIDDA.V8 110899 33 event that Landlord shall elect to reenter as provided in Section '14.3 ( "Landlord's Right of Reentry") hereof, or-shall take possession of the Property and the Project pursuant to legal proceedings or pursuant to any notice provided by law, then if Landlord does not elect to terminate this Lease as provided in Section 14.3 ( "Landlord's Right of Reentry"), then Landlord may from time to time, without terminating this Lease, either recover all Rent as it becomes due or, 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 right to make alterations and repairs to the Property or the Project. In the event that Landlord shall elect to so relet, then rentals received by Landlord by such reletting shall be applied: first, to the 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 ") small -- be- G-onstrued as-are election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination therefor is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default and failure to cure by Tenant, Landlord may at any time after such reletting elect to terminate this Lease for any such default if Tenant has failed to cure such default within the grace periods provided for in Section 14.2 ( "Termination for Breach by Tenant "). Section 14.6 Holding over. Any holding over by Tenant after termination shall not constitute a renewal or extension of this Lease or give Tenant any rights in or to the Property or the Project. Upon the expiration of this Lease, or sooner termination hereof pursuant to the terms hereof, Tenant shall promptly vacate and surrender the Property or Project to Landlord subject to subtenants in possession and leave the Property and the Project in the condition required in Section 14.9 ( "Surrender of Property and Project "). Section 14.7 Landlord's Rights of Self- Help. In the event that the Tenant shall default in the performance of any of the agreements, conditions, covenants or terms herein contained, which event of default remains uncured afterthe expiration of the grace periods FADCCUMENi1KMALDWINODAW 110899 34 provided for in Section 14.2 ('Termination for Breach by Tenant'), the Landlord may immediately, or at anytime thereafter, perform the same for the account of 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 FAD.0CUMENnKBIBALDW €N1DDA.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' frees. 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 otherexpenses, 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 therlast- address-given -for service of notices upon that party. Alternatively, notices may be served by facsimile transmission, in which case service shall be deemed effective only upon receipt by the party serving the notice of telephonic or return facsimile transmission confirmation that the party to whom the notice is directed has received a complete and legible copy of the notice. Notices shall be addressed. at the addresses shown under the respective parties signatures to this Lease. The address(es) for service of notice on any party may be changed by that party serving a notice upon the other of the new address, except that any change of address to a post office box shall not be effective unless a street address is also specified for use in effectuating personal service. Section 15.5 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'_IDOCUMEN- nKBIBALDW[N1DDA.V8 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 ofthe 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, set forth a description of the Property, specify the term of this Lease, and shall incorporate this Lease by reference. The form of such Memorandum of Lease approved by the parties hereto is attached as Exhibit C hereto and incorporated by reference herein. Section 15.11 Gender, Single and Plural, Joint and Several. Whenever the context herein so requires, the masculine gender includes the feminine or neuter and the singular includes the plural. All obligations of the parties hereto, Landlord and Tenant, and their heirs, executors, administrator, successors and assigns, shall be joint and several. F:\D0CUMEN-RKB\BALDW1NkDDA-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 ail 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, subtenant or purchaser. Any such statement may be conclusively relied upon by any prospective assignee, subtenant; purchaser or Lender of the interest of the Requesting Party. A Certifying Party's failure to deliver such statement within such time shall be conclusive upon the Certifying Party (i) that this Lease is in full force, without modification except as may be represented by the Requesting Party, (ii) that there are no uncured defaults in the Requesting Party's performance, and (iii) that not more than one month's Rent has been paid in advance. Section 15.16 Representations and Warranties of Tenant and Landlord. Landlord and Tenant each hereby represents and warrants to the other that each has the full power and authority to enter into this Lease and that by entering into this Lease, it will not be in violation of any agreement, order, judgment, law, rule or regulation that applies to it. Section 15.17 Attornment. In the event that Tenant defaults under this Lease and fails to cure said default within the grace period provided for in Section 14.2 ( "Termination for Breach by Tenant "), Landlord may notify all subtenants of the default and said subtenants shall 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 FAD©CUMENI-VMBALDWINODAY8 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 ADOC U M EN- MMBALD W i NO DA.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 14403 East Pacific Avenue Baldwin Park, California 91706 TENANT: (to be designated by KBMH) By: Name: Title: Address: 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa With copy to: Kaufman and Broad Multi - Housing Group, Inc. 320 Golden Shore Drive, Suite 200 Long Beach, California 90802 -4217 Attn: Michael A. Costa FAD0CUMENT\KB\BALDWiNIDDA.V8 110899 40 Exhibits A. Legal Description B. Preliminary Title Report C. Form of Memorandum of Lease FADOCUMEN- RK818ALDW[NODAN8 110899 41 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] FADOCUMEN- RMBALDWINWA.V8 11€3899 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 11123/99.) EXHIBIT B PRELIMINARY REPORT F ADOCU M ENTIKMALDW i NODA.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 $19 , by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (to be designated by KBMH) (herein called 'Tenant "). 1. Landlord and Tenant have entered into that certain Ground Lease, dated , 19 (herein called the "Lease "), by which Landlord - agreed to lease to Tenant and Tenant agreed to lease from Landlord on the terms and conditions stated in the Lease, the land and premises (the "Property ") located in the City of Baldwin Park, County of Los Angeles, State of California, described in Exhibit A attached hereto and incorporated herein by reference. 2. The Lease provides for a term commencing on ,19 and ending fifty -seven (57) years thereafter, unless sooner terminated as provided in the Lease. 3. The Lease provides that Tenant may use the Property during the term of the Lease for any lawful purpose, including construction and operation of an apartment project subject to the term 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. FADOCU MEN- RMBALDW INODA.V8 110899 44 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Ground Lease as of the day, month and year first written hereinabove. � fir 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 FADOCUM NTIKBIBALDWINIDDA.V8 110899 45 STATE OF. } ) ss COUNTY OF } On this day of 19 , before me, the undersigned, a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: STATE OF ) ss COUNTY OF (Seal) On this dayof 19 , before me, the undersigned, a notary public in and for said state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshe /they executed the same in his /her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (Seal) FADOCUMENIAMBALDW INODA.V8 110899 46 EXHIBIT 2 PROJECT SITE [See description attached hereto] FADOCUMENIAKMBALDW INODAY8 110899 � wig t C)S s l AA, �• VLr fc�. F '� FF 56 `k?1cTl�I4 R.1 -19" ] iF' i0 t M � 19 A t �I+ l PROJECT Project description is in the black area of this Exhlbi EXHIBIT 2 F.\D0CUMEN4OKMBALDW IN\DDA.V8 110899 2 446(13 CITY HALL EXHIBIT 3 SCOPE OF DEVELOPMENT Project: Developmentof 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. Improvements A. Submittal of a design package to the Planning Division or the Design Review process. Submittal package shall include the location and design of the proposed development and the location of the proposed street. B. The Developer shall also submit plans to construct on -Site and off -Site improvements to the adjacent parking lot and alleyway C. Once the design packages receive Design Review tentative approval, the Developer shall submit applications for a conditional use permit along with any other discretionary approvals required for the project. The conditional use permit and other discretionary approvals are considered by the Planning Commission or the City Council on appeal. D. If the Planning Commission entitlements are approved, the Developer shall then submit construction drawings to the Building Division (plan check) for review and approval. E. The Developer shall submit any grading and/or demolition plans necessary for the development of the Project. F. Once each division approves the submitted construction plans, building permits shall be obtained. 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. FAD0CUMEN1_\KB\BALDW INIDDA.V8 110899 EXHIBIT 4 ~ SCHEDULE OF PERFORMANCE PERFORMANCE DATE (. Execution of Agreement b Prior to execution by Agency. ggyplopper. 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 CI O pt Drawin s. Developer shall prepare and submit to Agency Initial Rehabilitation Concept Drawings and related documents for the property to consider such items as building setbacks, access for fire control, etc. 4. A roval - initial Conce t Drawi qs. Agency shall approve or disapprove initial Design Concept Drawings and related documents for the property. 5. Submission -Final Des i n Drawin s and Schematic Landsca in Plan. Developer shall prepare and submit to the Planning Division, Final designed drawings. 6. A royal -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. Com letion of Construction. Developer shall complete h construction of private and public improvements on the Project Site as well as off -site improvements. g. Certif sate of Com letion. F:\D0C1JMENT\KB\BALDW1N\DDA-V8 110899 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 g0 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 for the Project is issued by CTCAC pursuant to Section 42 of the Internal Revenue Code. City shall issue a Certificate of Completion for each building as completed within 10 days of completed construction. EXHIBIT 5 CERTIFICATE OF COMPLETION RECORDED AT REQUEST OP: WHEN RECORDED RETURN TO: (Space Above Line for Recorder's Use) Redevelopment Agency This Certificate is recorded at the request m dear tayrbnent benefit of �ttrecording fee pursuant to of the City of Baldwin Park and is exempt from p Government Code Section 6103. CERTIFICATE OF COMPLETION WHEREAS, pursuant to a Disposition and Development Agreement (hereinafter EVELOPMENT WHER ,) , 199_, by and between the as the "Agreement ") dated AGENCY OF THE CITY OF BALDWIN PARK, a public ?� l �e�hast developed and th'atgcerta'n' real Baldwin Park Senior Apartments, L.P. (Develop ), De property located in the City of Baldwin Park, County of Los, Angeles„ Sacco di California, o terms and particularly described in Exhibit A attached hereto (the "Property") ) conditions of the Agreement; and pursuant to Section 309 of the Agreement, promptly after completion of all WHEREAS, p Agency shall furnish Developer construction work to be completed r by Developer on a Pro request the efor by Developer; and with a Certificate of Comp WHEREAS, the issuance by Agency of the Certificate of compllettioent pertaining tosthe evidence that Developer has d and with the terms of the Ag e development of the Property, n quested that Agency furnish Developer with the Certificate of WHEREAS, Developer has re Completion for recordation; and WHEREAS, Agency has determined that the development of the property has been satisfactorily completed as required by the Agreement; F:IDOCUMENTRB\BALDW INIDDA.V8 2 1 ?0899 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. iance with or - 2. This Certificate of Completion shall smorigage or any insurer a mortgage satisfaction of any obligation of Developer to any older of a secured by the Property. This Certificate of Completion otice of Propertyeshallancluderaldl to in California Civil Code Section 3093. All references improvements and the project thereon unless the context otherwise requires. IN WITNESS WHEREOF, Agency has executed this Certificate as of this day of 19_, which date is the date of issuance of this Certificate of Completion. REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK By. Executive Director Baldwin Park Senior Apartments, L.P. hereby consents to the recordation of this Certificate of Completion against the Property described herein. Baldwin Park Senior Apartments, L.P., Dated: By: F:I00CUMEN- RKBIBALDW1N\DDA.V8 1i0899 EXHIBIT 6 ©E1rIN1Tl ©N OF HAZARDOUS SUBSTANCES The term „Hazardous Substance" as used in this Agreement shall mean any toxic. or hazardous substance, material or waste or any tpa es, materials or wastes regulated now or radioactive material, including but not limited to those su b future under any of the statutes or regulations listed below and any and all of those ; bozo sous included within the definitions of , hazardous substances ", "hazardous materials", waste ", "hazardous chemical substance or mixture„ "imminently hazardous chemical substance pr mixture'% "toxic substances ", "hazardous air pollutant" "toxic pollutant" or "solid waste" in the statues or regulations listed below. Hazardous Substances also mean regulations, �adersllor rules and terms defined in other federal state and local livable focal, state or materials and wastes which are, or in the future become, regulated under app or federal law for the protection of health or �ontamionants� as defined is ed ah egu aced by toxic substances, materials or waste, pol lutants or any federal, state or local law, regulation or order or by common law decision, including, without trich€oroethylene, tetrachloroethylene , perch loroethylene and other chlorinated limitation, (i} polychlorinated solvents, (ii) any petroleum products or fractions thereof, (iii) asbestos, (iv) p Y biphenyls, (v) flammable explosives, (vi) urea formaldehyde, and (vii) radioactive materials and waste. In addition, a Hazardous Substance shall include: (1) a "Hazardous Substance„ "Hazardous Material", e Compe�satian'and'Liability Act Substance under the Comprehensive Environmental Response, of 1980, 42 U.S.C. Section 9601, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., or the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; {2} an "Extremely Hazardous Waste", .E "Hazardous af the California V tNealth and Safety Code, or s Waste ", under Sections 25115, 25117 or 251 22. listed or identified pursuant to Sections 25140 or 44321 of the California Health and Safety Code; (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; the (4) "Oil" or a"Hazardous Substance" as well as anytotl7er hydroca bon'c Federal Water Pollution Control Act, 33 U.S. C Section 1321, substance or by- product; (5) listed or defined as a "Hazardous Waste ", "Extremely Hazardous Waste" or an „Acutely Hazardous Waste" pursuantto Chapter 11 of Title 22 of the California Code of Regulations; (6) listed by the State ofS cltion 25249.8(a) of chemical e Ca fom atHealthtand Safety Coder or reproductive toxicity pursuant to F:\DOCUMENT\K6\8ALDWlN\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 seq.; (13) regulated under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., or the California Occupational Safety and Health Act, California Labor Code Section 6340 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:00CUMEN- RK6\BAL0W[NIDDA.V8 110899 GROUND LEASE by and between The Baldwin Park Redevelopment Agency ( "Landlord ") and ( "Tenant ") Baldwin Park, California F: 1DOCUMENi1KBIBALDW]NIGRNDLSE.V5 110599 TABLE OF CONTENTS Page No• ARTICLE 1. DEFINITIONS .............. ............................... 1 ARTICLE 2. TERM OF LEASE . ............................... • • • • • . • • • • 5 Section 2.1 Fixed Term ........ ............................... 5 Section 22 Possession ........ ............................... 5 ARTICLE 3. RENT Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 5 .. Rent........... ............................... 5 Additional Rent .. ....... . Place for Payment of Rent ... Additional Rent Statement ... Annual Report ............. Net Rent ............. I ... 5 5 ........... 5 5 6 ARTICLE 4. USE OF PROPERTY ......... ............................... 6 Section 4.1 Use and Operation .. ............................... 6 Section 4.2 Zoning and Use Permits ..................... I ....... 6 Section 4.3 Approval of Plans Required .......................... 7 Section 4.4 Only Lawful Uses Permitted .......................... 7 Section 4.5 Restrictions by Tenant .............................. 7 Section 4.6 Termination of Use Restrictions ....................... 8 ARTICLE 5. TAXES AND UTILITIES ...... ............................... 8 Section 5.1 Tenant to Pay Taxes . ........... .................... 8 Section 5.2 Payment Before Delinquency ......................... 8 Section 5.3 Taxes Payable in Installments ........................ 9 Section 5.4 Contest of Tax ...... ............................... 9 Section 5.5 Tax Hold- Harmless Clause ........................... 9 Section 5.6 Utilities ............ ............................... 9 Section 5.7 Payment by Landlord .............................. 10 ARTICLE 6. CONSTRUCTION BY TENANT ............................... 10 Section 6.1 Notice of Commencement of Construction .............. 10 Section 6.2 Construction Obligation; Condition Precedent to Construction ...... ............................... 10 Section 6.3 Condition Precedent to Construction 10 Section 6.4 Compliance With Law and Quality 10 Section 6.5 Mechanics' Lien .. ............................... 1 11 F:\D0CUMEN_F\KB\BALDW1N\GRN DLSE.V5 110599 1 Section 6.6 Ownership of the Project ............................ 11 ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE .................... 11 Section 7.1 Tenant's Right to Encumber Leasehold 11 ARTICLE 8. LENDER PROTECTION ..... ............................... 12 Section 8.1 Notice to and Service on Lender ...................... 12 Section 8.2 No Modification of Lease or Termination of`Lease Without F: IDOCUMENT\KB1BALDWINIGRNDLSE.V5 110599 i1 Lender's Consent .................. ............. 12 Section 8.3 Rights of Lender ... ............................... 12 Section 8.4 Right of Lender to Cure Defaults ...................... 13 Section 8.5 Foreclosure in Lieu of Curing Default .................. 13 Section 8.6 Assignment Without Consent on Foreclosure ............ 14 Section 8.7 New Lease to Lender .............................. 15 Section 8.8 No Merger of Leasehold and Fee Estates ............ I . 16 Section 8.9 Lender as Assignee of Lease ........................ 16 Section 8.10 Lender as Including Subsequent Security Holders ........ 15 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 .... I ............................ 22 Section 10.5 Casualty Insurance . ............................... 23 Section 10.6 Required Insurance During Construction ............... 23 Section 10.7 Insurance Terms ... ............................... 24 Section 10.8 Other Insurance; Waiver of Rights .................... 24 Section 10.9 Adjustment ....... ............................... 24 Section 10.10 Lender Requirements ..................... .......... 25 F: IDOCUMENT\KB1BALDWINIGRNDLSE.V5 110599 i1 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 ...... ............................... 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 6f 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 FADOCUM ENTIKB\BALDW NIGRNDLSE.V5 110599 ii i Section 15.12 Signs ........................................... 38 Section 15.13 Reasonable Consent ............................... 38 Section 15.14 Quiet Possession .. ............................... 38 Section 15.15 Estoppel Certificate . ............................... 38 Section 15.16 Representations and Warranties of Tenant and Landlord 38 Section 15.17 Attornment ....... ............................... 38 Section 15.18 Limit of Tenant's Liability ............................ 39 Section 15.19 Limit of Landlord's Liability .......................... 39 Section 15.20 Sections ......... ............................... 39 Section 15.21 Incorporation of Preamble and Exhibits ................ 39 E: IDOCUMEN- RKB\BALDW1N\GRNDLSE.V5 110599 iV GROUND LEASE This Ground Lease ( "Lease ") is made by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (party to be designated by Kaufman and Broad Multi - Housing Group, Inc.) (herein called "Tenant "), with respect to the land and premises located in the City of Baldwin Park, County of Los Angeles, State of California described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property "). This Lease shall be on the following terms and conditions: ARTICLE 1. DEFINITIONS The following terms as used in this Lease shall have the meanings given herein unless expressly provided to the contrary: "Additional Rent" means the Additional Rent payable by Tenant to Landlord as provided in Section 3.2 hereof. "Affiliate" means (i) any party directly or indirectly controlling, controlled by or under common control with another party, (ii) any party owning or controlling 10% or more of the outstanding voting securities of such other party, (iii) any officer, directoror partner of such party, or (iv) if such other party is an officer, director or partner, any company for which party acts in any such capacity. "Base Rent" means the Base Rent payable by Tenant to Landlord as provided in Section 3.1 hereof. "Bridge Loan" means any loan secured by Lien made by KBMH Capital, Inc. or any Affiliate thereof with respect to the Rroject. "Capital Improvement Loan" means any loan or loans to Tenant secured by a Lien, which is made to finance additional capital improvements for the Project, after Completion of Construction. "Cash Expenditures" means, with respect to any period, all expenditures of cash with respect to the operation of the Project by Tenant during such period including, without limitation, payment of operating expenses, payment of Base Rent and other obligations under this Lease other than Additional Rent, payment of the Permit Fees, payment of Debt Service and principal and interest on the indebtedness of Tenant, payment of real estate taxes, assessment and bonds, cost of repair and restoration of the Project (other than from insurance proceeds), payment of a partnership administration fee of $0,000 per year, adjusted annually by the Index, payment of an asset management fee of $5,000 adjusted FADOCUM ENT \KB1BALDWINIGRNDLSE.V5 110599 annually by the Index, such extraordinary expenses incurred in meeting the requirements for maintaining and repairing the Project as required by any Lender or as required to comply with law, payment of property management fees, Developer Fees and other fees and obligations of Tenant with respect to the Project, and amounts deposited to Reserves by Tenant with respect to the Project (but not amounts expended from such reserves). "Cash Receipts" means, with respect to any period, all cash receipts of the Tenant from the operation of the Project during such period, but not including (i) cash receipts from any sale or refinancing of the Project, (ii) security deposits from tenants occupying individual apartment units in the Project and interest thereon (except to the extent retained by the Tenant as a result of a default by a tenant of a unit under its lease), or (iii) the proceeds of any capital contributions or loans to the Tenant. In addition, the net reduction in any year in the amount of any escrow account or reserve maintained by or for the Tenant shall not be considered a cash receipt of the Tenant for such year. Insurance proceeds shall not be considered a cash receipt (except as receive by Tenant for loss of rents). Notwithstanding the foregoing, at the election of the Tenant, Cash Receipts received near the end of a fiscal year and intended for use in meeting the Tenant's obligations (including the cost of acquiring asset or paying debts or expenses) in the subsequent fiscal year shall not be deemed received until such following year. "City" means the City of Baldwin Park, California. "Completion of Construction" shall have the meaning provided for in Section 6.4 hereof. "Construction Loan" means any loan or loans secured by a Lien, the majority of the proceeds of which are used to finance the construction of the Project and the remainder of which are used to pay for interest, fees, points, reserves, attorney's fees, closing costs and costs normally or customarily incurred in obtaining a construction loan. "Debt Service" means the total payments required to be made by Tenant, with respect to any period, for payment of any loan which may be secured by a Lien or otherwise obtained by or funded to Tenant in connection with the Project whether or not secured by a Lien, including but not limited to debt service payments on the Construction Loan, Bridge Loan, Permanent Loan, and any Capital Improvement Loans, Negative Cash Flow Loans or any refinancing of the foregoing loans. If upon foreclosure of any Loan secured by a Lien, the Lender making or holding such loan acquires Tenant's interest under this 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:I DOCUMEN- RKBtBAI_DWINIGRNDLSE.V5 110599 L "Disposition and Development Agreement" is that certain agreement entered into by and between the Landlord and Tenant on in which Tenant agreed to participate as a developer in furthering the Landlord's goals under the redevelopment plan of the project area in Baldwin Park. "Hazardous Materials " means substances defined as "hazardous substances ", "hazardous materials ", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec, 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq; those substances defined as "hazardous wastes" in Section 25117 of the California Health & Safety Code or as "hazardous substances" in Section 25316 of the California Health & Safety Code;. any similar substances as defined and used in any. similar environmental control law applicable to the Property; and in the regulations adopted or publications promulgated pursuant to said laws or any amendments thereto. "Index" means the maximum annual percentage that rent of a tenant in the Project may be changed and still have the Project qualify for Tax Credits. "KBMH" means Kaufman and Broad Multi - Housing Group, Inc. or any Affiliate thereof. "Lease" means this Ground Lease. "Lender" means the payee or holder of any indebtedness of Tenant, or the mortgagee or a beneficiary of any Lien, and shall include the successors and assigns of the foregoing. "Lien" means any deed of trust, mortgage or other security instrument encumbering the Tenant's leasehold estate in the Property and/or Project, or any part thereof, securing any Loan. "Loan" means any loan made as permitted in Article 7 ( "Encumbrance of Leasehold Estate ") hereof, or any other loan to Tenant described in Debt Service. "Negative Cash Flow Loan" means any loan or loans to Tenant secured by a Lien, which is made to finance any operating deficits for the Project, whereby Cash Receipts are insufficient to pay Cash Expenditures as and when due, and reserves otherwise established for payment of such deficits have been expended or are unavailable to Tenant by the provisions of any other Loan. "Net Spendable Cash Flow" means the excess of (i) Cash Receipts over (ii) Debt Service and Cash Expenditures. Net Spendable Cash Flow shall be determined separately for each Year. F: tDOCUMENTIKBIBALDWINIGRNDLSE.V5 110599 3 "Permanent Loan" means any loan having a term of at least 15 years, a part of the 11 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 1985, 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: IDOCUMENTIKB\BALDWIN\GRNDLSE.V5 110599 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: 1DQCUMENTIKB�BALDWIN\GRNOLSE.V5 110599 Receipts and Cash Expenditures for each Year for three (3) Years next succeeding the close of each Year. Such records shall be available for inspection by Landlord or an authorized representative of Landlord, on five (5) business days prior written notice to Tenant during such three (3) Year period, and Landlord shall have the right to take excerpts therefrom and make copies thereof without removing them from Tenant's office for the purposes of making any computations or verification of any statements submitted by Tenant pursuant to this Section. To the extent that an audit by Landlord shall determine that there has been a deficiency in the payments of Additional Rent by Tenant, the amount of such deficiency shall be and become forthwith due and payable by Tenant from its share of Net Spendable Cash Flow. In addition, if Tenant's statement for any Year shall be found to have understated the appropriate Additional Rent as a result of said understatement by more than five percent (5 %), then Tenant shall pay from its share of Net Spendable Cash Flow, all of Landlord's reasonable costs and expenses connected with any audit or review of Tenant's accounts and records which disclosed such discrepancy. If there is not an understatement of more than five percent (5 %), the cost of such audit or review shall be borne by Landlord. Section 3.6 Net Rent. Tenant shall pay all of the Rent provided for in this Lease to Landlord, absolutely net throughout the term of this Lease, without deduction for any charges, assessments, impositions or deductions of any kind and without abatement, deduction or set -off. Under no circumstances or conditions, whether now existing or hereafter arising, or whether beyond the present contemplation of the parties, shall Landlord be expected or required to make any payment of any kind whatsoever or to perform any act or obligation whatsoever or be under any obligation or liability hereunder or with respect to the Property except as specifically set forth in this Lease or as required by any common law, statute or regulation. ARTICLE 4. USE OF PROPERTY Section 4.1 Use and Operation. Notwithstanding anything contained in this Lease to the contrary, Tenant may use the Property,for any lawful purpose, including without limitation the construction and operation thereon of the Project, subject to the requirements and limitation of the Regulatory Agreements. Tenant shall conduct its business on the Property at all times in a respectable, reputable and lawful manner. It is understood that subject to the limitations contained in this Lease, Tenant shall have control of the operation of the Property and Project, and the right of Landlord to receive Rent, including Additional Rent, shall not be deemed to give Landlord any interest, control or discretion in the operation of the Property and/or Project other than what is prescribed in the Disposition and Development Agreement. Section 4.2 Zoning and Use Permits. When Landlord's approval is necessary or appropriate to obtain any governmental approvals or permits for any use of the Property permitted under this Lease,-such as a. conditional use permit, variance, or rezoning of the F ADOCUMENIAKBIBALDW1N1GRNDLSF.Va 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 andlor 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: IDOCUMENTIKBIBALDWIN\GRNDLSE.V5 _ 110599 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, 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 ") 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 1.1-0-3- 1 O(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:IDOCifMEN- RKB1BALDW!NIGRN ©LSE -V5 110599 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 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, E: IDOCUMEN- nKS16ALDWINIGRNDLSE.V5 110599 9 telephone service, and other public utilities to said Property and Project and for the removal of garbage and rubbish from said Property and Project. Section 5.7 Payment by Landlord. Unless Tenant contests the imposition of the tax, assessment or other charge, should Tenant fail to pay within the time specified in this Article any taxes, assessments or other charges required by this Article to be paid by Tenant, Landlord may, upon sixty (60) days' prior written notice to Tenant, pay, discharge or adjust such tax, assessment or other charge for the benefit of Tenant unless Tenant has made said payment within said sixty (60) day period. In the event that Landlord makes such payment, Tenant shall promptly on written demand of Landlord reimburse Landlord for the full amount paid by Landlord in paying, discharging or adjusting such tax, assessment or other charge, together with interest thereon at the Prime Rate but not to exceed of ten percent (10 %) per annum from the date of payment by Landlord until the date of repayment by Tenant. Where no time within which any charge required by this Article to be paid by Tenant is specified in this Article, such charge must be paid by Tenant before it becomes delinquent. ARTICLE 6. CONSTRUCTION BY TENANT Section 6.1 Notice of Commencement of Construction. No work of any kind shall be commenced on and no building or other materials shall be delivered for the Project, nor shall any other building or land development work be commenced or building materials be delivered on or to the Property until at least five (5) days after written notice has been given by Tenant to Landlord of the commencement of such work or the delivery of such materials. This Section shall apply only to initial work or delivery of material and not to subsequent work or deliveries. Landlord shall, at any time and all times have the right to post and maintain on the Property and to record as required by law any notice or notices of nonresponsibility provided for by the mechanics' lien laws of the State of California. Section 6.2 Construction Obligation; Condition Precedentto 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 builder's risk insurance in accordance with requirements of Section 10.6 ( "Required Insurance During Construction "), and (iii) evidence of proper worker's compensatiop.insurance as procured to cover all persons employed by Tenant and its agents in connection with the construction of the Project. Section 6.4 Compliance With Law and Quality. The Project shall be constructed, and all work performed on the Property and all buildings or other F: IDQCUMEN- RKS \BALDWINIGRNDLSE.V5 n 110599 1U improvements erected on the Property shall be in accordance with all valid laws, ordinances, regulations and orders of all federal, state, county or focal 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 Project such as furniture, office equipment, maintenance equipment, pool furnishings, library and craft shop equipment, if any. Except as provided in the immediately preceding sentence, Tenant shall have the right to remove any computer equipment, files, books, records, office supplies and other personal property without any accounting to Landlord so long as removing any such property does not cause or result in any physical damage to the Project. ARTICLE 7. ENCUMBRANCE OF LEASEHOLD ESTATE Section 7.1 Tenant's Right to Encumber Leasehold. Tenant, to obtain a Loan, or Loans, may mortgage, pledge, hypothecate or otherwise 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: IDOCUMENTIKBIBALDWiNIGRNDLSE.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, corivey 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. FADOCUMENTIKBIBALDW IN1G RNDLSE.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 Leader shall not be required to pay delinquent Additional Rent unless Lender has collected Net Spendable Cash Flow for the period in question; 8.4.2 Cure the breach or default within one hundred twenty (120) days after service on Lender of the Second Default Notice where the breach or default must be cured by something other than the payment of money and can reasonably be cured within that time; or 8.4.3 Cure the breach or default in such reasonable time as may be required where something other than the payment of money is required to cure the breach or default and cannot be reasonably cured within one hundred twenty (120) days after service on Lender of the Second Default Notice, provided that acts to cure the breach or default are commenced within that time period after service of the Second Default Notice on Lender by Landlord and are thereafter diligently continued by Leader. 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 foreclo "sure 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 forforeclosure 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: NDOCUMENTIKBIDALDWINIGRNDLSE.V5 110599 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 8.53 Lender keeps and performs all of the terms, covenants and conditions of this Lease (including the payment of Rent, including past due Rent, underthis Lease) requiring the payment or expenditure of money by Tenant accruing after commencement of the Proceedings until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, payment or conveyance of the leasehold estate to Lender, provided Lender shall not be required to pay past due Additional Rent unless Lender has collected Net Spendable Cash Flow for the period in question. Section 8.6 Assignment Without Consent on Foreclosure. Provided that a Lender gives written notice of transfer to Landlord setting forth the name and address of the transferee as well as the effective date of the transfer, the written consent of Landlord shall not be required for transfer after Completion of Construction of the Project of Tenant's right, title and interest under this Lease to: 8.6.9 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 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 F_i DOC€JMEN-FIKBIBALDWINIGRNDLSE.V5 110599 14 or transferee of this Lease from any lender shall be able to assign this Lease without the approval or consent of Landlord regardless of the date of the assignment. Section 8.7 New Lease to Lender. Notwithstanding any other provision of this Lease, should this Lease terminate because of any default which cannot be cured by Leader, 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. 8.7.6 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 F: IDOCUMENi1KB1BALDWINIGRNDLSE.V5 110599 [5 1 b. Excuse the performance of any act required by Article 6 ( "Construction by Tenant ") of this Lease that has already been performed but Lender, and Lender's assignee as Tenant under the new Lease, shall be liable for payment of all costs and expenses incurred in the performance of any act required by Article 6 ( "Construction by Tenant ") of this Lease, whether performed before or after execution of the new Lease, which is claimed as a lien against said Property and/or Project. 8.7.7 The new Lease and any Lien shall have the same priority as the original Lease and any Lien on the original Lease, and any intervening liens on Landlord's fee interest shall not have any priority over the new Lease or any Lender's Lien thereon. 8.7.8 Lender, on execution of the new Lease, shall pay to Landlord all of Landlord's reasonable costs and expenses, including reasonable attorney's fees and court costs incurred in terminating this Lease, recovering possession of the Property and Project from Tenant and preparing the new Lease. Section 8.8 No Merger of Leasehold and Fee Estates. There shall, during the existence of any Lien, be no merger of the leasehold estate created by this Lease and the Fee without the consent of each Lender merely because both estates have been acquired or become vested in the same person or entity. Section 8.9 Lender as Assignee of Lease. No Lender shall be liable to perform the obligations of the Tenant under this Lease unless and until such time as Lender becomes the owner of the leasehold estate created hereby and acquires the right, title and interest of Tenant under this Lease through foreclosure, transfer in lieu of foreclosure, assignment or otherwise, and thereafter such Lender shall remain liable only so long as such Lender remains as the owner of the leasehold estate. Section 8.10 Lender as Including Subsequent Security Holders. The term "Lender" as used in this Lease shall mean not only the person, persons or entity that loaned money to Tenant and is named as beneficiary, Mortgagee, secured party or security Folder in the instrument creating any Lien incurred by Tenant pursuant to Section 7.1 ( "Tenant's Right to Encumber Leasehold") of this Lease, but also all subsequent assignees and holders of the instrument and interest secured by such instrument. Section 8.11 Estoppel Certificates. Landlord shall provide to any Lender, on written request, an estoppel certificate pursuant to the provisions of Section 15.15 ( "Estoppel Certificate ") certifying to such matters as status of Rent payments, satisfaction of conditions, and defaults, if any. Section 8.12 Superiority of Ground Lease. This Lease, any replacements thereof, and any subleases or subtenancies, shall be at all times superior to any lien or encumbrance on Landlord's fee title interest in the Property or the Project. F:\DOCUMEN-i-\KB\BALDWINIGRNDLSE.V5 110599 16 Section 8.13 Amendments. Landlord and Tenant shall cooperate in including in this Lease by suitable amendment from time to time any provision which may reasonably be requested by any Lender or proposed Lender for the purpose of implementing the mortgagee- protection provisions contained in this Article and allowing such Lender reasonable means to protect or preserve its Lien on the occurrence of a default under the terms of this Lease; provided, however, that such amendment shall not have a material adverse effect on Landlord's rights or obligations under this Lease. Landlord and Tenant each agree to execute and deliver (and to acknowledge, if necessary, for recording purposes) any agreement necessary to effect any such amendment. Section 8.14 Restriction on Landlord's Right to Encumber the Fee. Landlord shall not mortgage, hypothecate, pledge or encumber its interest in the Property or any part thereof without the prior written consent of the then outstanding Lenders, or any successors thereof, having provided a loan unless there is an express subordination of the new encumbrance of Landlord's interest in the Property to this Lease which subordination shall be in a form acceptable to said Lender or successor thereof having provided the loan. Section 8.15 Restriction on Subordination of Tenant's Interest. Any subordination or attempted subordination by Tenant to any mortgage, deed of trust, encumbrance or other security interest on Landlord's interest in the Property or any part thereof shall be void ad initio and shall have no force or effect unless first agreed to in writing by all outstanding Lenders or successors thereof having provided a loan. The restriction set forth in this Section 8.15 shall only apply to outstanding Lenders that have provided a Loan or Loans for which the majority of -the proceeds were used for the construction, development, maintenance, or operation of the Project or to repay any of such loans or to refinance any of said Loans. Section 8.16 Lender's Nominee. Any right of Lender under this Lease may be exercised by a nominee of Lender. Section 8.17 Multiple Lenders. Where there is a right herein to be exercised by a Lender and there exists more than one Lender the right may exercise in the order of priority of each Lender's Lien. ARTICLE 9. REPAIRS AND RESTORATION Section 9.1 No Obligation of Landlord. Landlord shall not be required or obligated to make any changes, alterations, additions, improvements-or repairs in, on, or about the Property, the Project or any part thereof. Section 9.2 Maintenance by Tenant. It is the intention of the parties that the Project shall at all times be maintained in a good condition, and that Tenant shall keep and maintain the Property and the Project in such condition free from rubbish and debris, F:IDCCUMENT\KB\BAL DWINIGRNDLSE.VS 11 n,99 17 reasonable wear and tear excepted, and shall repair all damage resulting from use, including willful action (whether proper or improper) or negligence, by Tenant or any persons permitted to be on the Property by or with the consent of Tenant, express or implied, except Landlord, or resulting from Tenant's failure to observe or perform any covenant 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 benefit of such expenditure cannot be amortized over the remaining term of this Lease, the Tenant may either terminate this Lease or, with the approval of Landlord, continue the Lease with the cost of such expenditure allocated between Landlord and Tenant based upon the reasonable amortization of the expenditure and the remaining term of this Lease: The preceding sentence shall not apply in the event that the underlying cause of the required remediation of conditions, construction of improvements, or expenditures of monies is the negligence or willful misconduct of Tenant, its principals, shareholders, agents, contractors, employees, or representatives. Section 9.4 Damage or Destruction. Except for any improvements presently located on the Property, should, at any time during the term of this Lease, any buildings or improvements hereafter located on the Property be destroyed in whole or in part by fire, theft, the elements, or any other cause (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- RKB1BALDW[NIGRNDLSE.V5 110599 18 Casualty, at Tenant's own cost and expense, all debris and remains of the damaged improvements from the Property, where: 9.4.1 Any buildings or improvements hereafter located on the Property are so damaged or destroyed by a Casualty during the last fifteen (15) years of the term of this Lease that such buildings or improvements cannot be repaired and restored at a cost which is less than fifty percent (50 %) of the cost to replace all of the buildings and improvements located on the Property if totally destroyed; or 9.4.2 Any building or improvements hereafter located on the Property are so damaged or destroyed by a Casualty during the last ten (10) years of the term of this Lease that such buildings or improvements cannot be repaired and restored at a cost which is less than twenty five percent (25 %) of the cost to replace all of the buildings and improvements located on the Property if totally destroyed; or 9.4.3 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°/x) of the cost to repair and restore such damaged or destroyed buildings or improvements. Section 9.5 Application of Insurance Proceeds. Except as hereinafter provided in this Section 9.5 ( "Application of Insurance Proceeds "), and subject to the rights of any Lender (which rights shall have priority over any contrary rights in this Lease) all insurance proceeds paid to Tenant hereof on account of any damage or destruction, less the actual cost, fees and expenses, if any, incurred in connection with the adjustment of the loss (which costs, fees or expenses shall be reimbursed to the party incurring such expenses) shall be applied to the payment of the cost of the restoration or repairs of such damage or destruction. Such work may include the cost of demolition and temporary repairs and for the protection of property pending the completion of permanent restoration, repairs, replacements, rebuilding, or'alterations (all of which temporary repairs, protection of property and permanent restoration, repairs, replacement, rebuilding or operations are hereinafter collectively referred to as the "Restoration "). Such proceeds shall be paid out from time -to -time to Tenant or in accordance with its directions, as such Restoration progresses upon the written approval of Landlord and the written request of Tenant. Notwithstanding the foregoing, the approval of Landlord to any disbursement of insurance proceeds to Tenant shall not be required at any time that such insurance proceeds are being held and distributed by any Lender for the purpose of such Restoration; provided, however, that such Lender shall disburse such funds during the course of such Restoration as necessary to make progress payments under the terms of any construction contract for such work and based upon its review and approval of work completed and vouchers and invoices from contractors and subcontractors performing such work, receipt of lien releases, and adherence to other procedures customary in the disbursement of construction loan proceeds during the course of construction. Upon the receipt by Landlord F_ 1DOCUMENTIKB\BALDWINIGRNDLSE.V5 11 0599 19 of satisfactory evidence that the Restoration has been fully completed and paid for in full and that there are no liens of the character referred to in Section 6.5 ( "Mechanic's Lien ") hereof, and there is no default under the terms, conditions, covenants and agreements of this Lease which can not be cured by the payment of money or any default hereunder which has become an event of default, any balance of the insurance proceeds at the time held by an insurance trustee or Lender shall be paid to Tenant. Notwithstanding anything contained in this Lease to the contrary, however, should Tenant exercise the option given Tenant by Section 9.4 ( "Damage or Destruction ") of this Lease to terminate this Lease because of damage to or destruction of buildings or improvements on the Property, then, in that event, any and all fire or other insurance proceeds that become payable because of such damage or destruction shall be applied in the following priority: 9.5.1 first, toward the payment of the unpaid obligations secured by any Liens in the order of the respective priorities of said Liens, including any prepayment penalties or premiums assess or imposed for prepayment; 9.5.2 second, toward the removal of all debris and remains of the damaged improvements from the Property; and 9.5.3 third, the balance of the proceeds, if any, shall be allocated between Tenant and Landlord according to the following formula: Tenant'shall receive that portion of such balance which is equal to the balance of the proceeds multiplied by a fraction, the numerator of which is the number of years or fraction thereof remaining in the term of this Lease and the denominator of which is fifty - seven (57) and Landlord shall receive all of the proceeds remaining after the payment to Tenant provided for in this Subsection 9.5.3 ( "Application of Insurance Proceeds "). Section 9.6 Continuing Obligation to Pay Rent. Except for Tenant's right to terminate this Lease as provided in Section 9.4 ( "Damage or Destruction "), no destruction of, or damage to the structures or any part thereof by fire or any other cause shall permit Tenant to terminate this Lease nor relieve Tenant from its obligations to pay the full Rent payable under this Lease or from any of its other obligations under this Lease. Tenant waives any rights now or hereafter conferred upon it by statute or otherwise to quit or surrenderthis Lease orthe Property orany suspension, diminution, abatementor 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 FADOCUM ENTIKBIBALDW1N1GRN DLSE.V5 110599 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 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, E:1 DOCUMENT 1KBIBAL.DWINNGR€VDI_SE.V5 110599 21 or coming through any skylight, window, wall or trapdoor, or otherwise, whether as the result of storms or accident or otherwise; 10.2.2 for any damages arising from the leakage or discharge of electric current in or upon the Property or the Project or resulting from defective wiring, defective work in the installation of electric wires, electrical apparatus or equipment or other damages arising from the use of electricity upon the Property or the Project, or any improvement situated thereon, either for lighting or for any other purpose, whether such use shall be by Tenant or any other occupant of said'building, or otherwise; nor, 10.2.3 for any damages arising from any act or neglect of sublessees of the Property or the Project under subleases with Tenant, or occupants thereof authorized by Tenant. In case any action, suit or proceeding (collectively "Suit ") is brought against Landlord by reason of any occurrence described in Section 10.1 ( "Indemnity Agreement ") or in Section 10.2 (' "Exculpation of landlord "), Tenant, upon Landlord's written request, will resist and defend such Suit, or cause the same to be resisted and defended by counsel designated by Tenant and approved by Landlord unless such Suit arose out of the willful misconduct and/or negligence of Landlord or its authorized agents, in which event Tenant shall have no such duty or obligation. Section 10.3 Obligation to Indemnify Other Party. If either party is made a party defendant to any litigation concerning this Lease or the Property or the Project, or the occupancy thereof by the wrongful action of the other, then the wrongful party shall indemnify and hold harmless the other party from all liability by reason of said litigation, including reasonable attorneys' fees and expenses incurred by said other party in any such litigation whether or not any such litigation is prosecuted to judgment. Section 10.4 Liability Insurance. Tenant shall secure promptly and maintain during the entire term of this Lease the following insurance for the mutual benefit of Landlord and Tenant: 10.4.1 a broad form comprehensive coverage policy of public liability insurance on an "occurrence basis" (as primary and not secondary coverage) insuring both Tenant and Landlord against claims for personal injury, death or property damage caused by or connected with Tenant's occupation and use of the Property and the Project under this Lease which insurance policy or policies (including umbrella coverage of any) shall afford protection to the limit of at least Five Million Dollars ($5,000,000) with respect to any one accident. Tenant agrees that such limits referred to in this Section shall be increased from time to time as commercially reasonably requested by Landlord in writing, and provided such increased limits are then being written on other comparable property. Said insurance shall name Landlord as additional insured and shall be primary and not secondary coverage. Such insurance shall include liability for bodily injury or property damage arising out of the use, by or on behalf of Tenant, or any other person or organization, of any owned, non - owned, leased or hired automotive equipment in the F: IDOCUMENTIKBIBALDWINIGRNDLSE.V5 110599 22 conduct of any and all operations called for under this Lease. If appropriate by reason of the uses to which the Property or the Project shall be put, such insurance shall also include coverage against garage liability, garage keepers liability, products liability, innkeepers liability, and liquor liability; 10.4.2 Rental income and/or business interruption insurance against loss of Tenant's income from the Project due to the risk covered by the insurance referred to -in Section 10.5 ( "Casualty Insurance ") in amounts sufficient to cover (i) the Base Rent payable hereunder and (ii) Tenant's fixed Cash Expenditures for a period of six (6) months from the date of any casualty insured against. Section 10.5 Casualty Insurance. Tenant shall keep the Property and the Project insured following Completion of Construction 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 air conditioning systems, and against such other risks or .hazards (excluding earthquake unless, in the reasonable judgment of Tenant, earthquake insurance is available on commercially reasonable term) as may then customarily be insured against in structures and uses as encompassed under the Project and for which other risks or hazardous, insurance coverage is commercially available at a commercially reasonable cost. Such insurance shall be in amounts sufficient to prevent Landlord or Tenant from becoming co- insurers under the terms of the applicable policies but in any event not less than full replacement cost of the structures (exclusive the cost of excavations, foundations and footings) without deduction for physical 'depreciation (and with not more than $50,000 deductible from the loss payable for any casualty or such lesser deductible amount as Tenant shall require). The policies of insurance carried in accordance with this Section shall contain the "Replacement Cost Endorsement ". Such full replacement cost shall be determined from time to time, upon the written request of Landlord, by written agreement of Landlord and Tenant. If Landlord and Tenant cannot agree upon such replacement costs, such replacement costs shall be determined by one of the insurers, or at the option of Landlord, by an appraiser, architect or contractor who shall be mutually and reasonably acceptable to Landlord and Tenant. A copy of any such determination shall promptly be sent to Landlord upon receipt thereof by Tenant and subject to approval by Landlord, the insurance maintained pursuant to this Section shall. be adjusted to the new full replacement costs. Section 10.6 Required Insurance During Construction. During the period of construction of the Project, Tenant shall maintain, at its own cost and expense, with casualty insurance companies of recognized responsibility commensurate with the risks being underwritten and authorized to do business in the State of California, builder's risk insurance in so- called non - reporting form upon the improvements under construction in F: IDOCUMEN- RKBIBALDWINIGRNDLSE -V5 110599 23 such amount and with such coverage as required by the Lender making the loan financing the construction of the Project. Section 10.7 Insurance Terms. Tenant shall procure policies for such insurance for periods of from one (1) to three (3) years, as Tenant shall elect and shall deliver to Landlord certified copies of such policy or policies, or certificates thereof with evidence of the payment of the premiums therefore on or before the commencement of the term of this Lease, and shall procure and deliver evidence of renewals thereof from time to time at least thirty (30) days before the expiration or termination of any similar policy then existing. If Tenant fails to deliver evidence of such renewals as provided in the last preceding sentence, Landlord shall give Tenant written notice of such failure and if within thirty (30) days of such notice Tenant fails to deliver evidence of such renewals, Landlord may procure any such insurance for such periods as Landlord shall elect, and Tenant shall, on demand, reimburse Landlord for all reasonable costs for such insurance. Tenant shall attempt to require that each such policy shall provide that no interest of Tenant shall be subject to cancellation or termination except upon not less than thirty (30) days` prior written notice to Landlord. Tenant, without cost to Landlord, agrees to name Landlord and any Lender as a party insured on all insurance policies carried by Tenant on the Property or Project. All policies shall be issued by companies of recognized responsibility, reasonably acceptable to Landlord authorized to transact business in California. Each such policy or certificate therefore issued by the insurer shall, to the extent obtainable, contain a provision that no act or omission of Tenant which would otherwise result in forfeiture or a reduction of the insurance therein provided shall affect or limit the obligation of the insurance company to pay the amount of the loss sustained. Section 10.8 Other Insurance; Waiver of Rights. If insurance is carried by either party with respect to the Property or the Project, and such insurance 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 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: IDOCUMENTRKBIBALDWINRGRNDLSE.V5 110599 24 Section 10.10 Lender Requirements. In the event that any Lender shall require more extensive insurance coverage than that provided above, then such requirements shall supersede the requirements hereinabove provided for. Section 10.11 Environmental Indemnity. 1%::- 10.11.1 Tenant hereby agrees to indemnify, hold harmless and defend Landlord from and against any and all liabilities, claims, penalties, liens, claims of liens, forfeitures, suits, costs and expenses of any type or nature (including, without limitation, costs of the defense and settlement and attorneys' fees), which Landlord may hereafter incur, become responsible for or pay out as a result of (i) death or injury to any person, (ii) destruction or damage to any property, (iii) contamination of or adverse effect on the environment or (iv) any violation of governmental laws, regulations or orders, caused directly or indirectly by, or due in whole or in part to, the release or threatened release of Hazardous Materials which were, or are claimed or alleged to have been deposited, stored, disposed of, placed or otherwise located or allowed to be located on, above, beneath or about the Property or the Project by Tenant or its agents, representatives, contractors, tenants, invitees and tenants' invitees, employees subsequent to the Commencement Date except for those deposited, stored, disposed of, placed, or otherwise located or allowed to be located by Landlord after the Commencement Date. 10.11.2 Landlord hereby agrees to indemnify, hold harmless and defend Tenant from and against any and all liabilities, claims, penalties, liens, claims of liens, forfeitures, suits, costs and expenses of any type or nature (including, without limitation,' costs of defense and settlement and attorneys' fees), which Tenant may hereafter incur, become responsible for or pay out as a result of (i) death or injury to any person, (ii) destruction or damage to any property, (iii) contamination of or adverse effect on the environment or (iv) any violation of governmental laws, regulations or orders, caused directly or indirectly by, or due in whole or in part to, the presence of, or the release or threatened release of Hazardous Materials which were, or are claimed or alleged to have been deposited, stored, disposed of; placed or otherwise located on, above, beneath or about the Property or the Project by Landlord or its agents or employees. ARTICLE 11. CONDEMNATION Section 11.1 Definitions. As used in this Article: 11.1.1 "Condemnation" means (i) the taking or damaging, including severance damage, by eminent domain or by inverse condemnation or for-any public or quasi - public use under any statute, whether by legal proceedings or otherwise, by a condemnor (hereinafter defined), and (ii) voluntary sale or transfer to a Condemnor, either under threat of Condemnation or while Condemnation legal proceedings are pending. F:\DOCUMENT\KB\BALDWIN\GRNDLSE.V5 110599 25 11.1.2 "Date of Taking" means the later of (i) the date actual physical possession is taken by the Condemnor or (ii) the date on which the right to compensation and damages accrues under the laws of the State of California. 11.1.3 "Award" means all compensation, damages, interest, sums or anything of value awarded, paid or received for a Total Taking, a Substantial Taking or a Partial Taking, whether pursuant to judgment or by agreement or otherwise. 11.1.4 "Condemnor" means any public or quasi- public authority or private corporation or individual having the power of Condemnation excluding, however, Landlord or any successor of Landlord, or any entity acting on behalf of Landlord or any successor of Landlord. Landlord agrees not to exercise any power of Condemnation, or any equivalent thereof against the Property or the Project, or any part: thereof during the term of this Lease. 11.1.5 "Taking" means a Total Taking, Substantial Taking or Partial Taking. 11.1.6 "Total Taking" means the taking by Condemnation of the fee title to all the Property and all the improvements thereon, including, but not limited to, the Project. 11.1.7 "Substantial Taking" means the taking by Condemnation of so much of the Property or improvements located thereon, including, but not limited to, the Project, or both that one or more of the following conditions results: a. The remainder of 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 world rely and which such person would interpret as expressing an existing intention of Condemnation as distinguished from a mere preliminary inquiry or proposal. It includes but is not limited to service of a Condemnation summons and complaint on a party hereto. The notice is considered to have been received F: \DOCUMEN- RKBIBALDWINIGRNDLSE.V5 110599 26 when a party receives from the Condemnor a Notice of Intended Condemnation, in writing, containing a description or map reasonably defining the extent of the Condemnation. Section 11.2 Notice and Representation. 11.2.9 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 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 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. 11.33 Tenant may continue to occupy the Property and improvements thereon, including, but not limited to, the Project, until the Condemnor takes physical F:1 C7oCUMENTIKBIBALDWINIGRNDLSE.V5 110599 27 possession of the part of the property subject to the Condemnation. At any time following Notice of Intended Condemnation, Tenant may elect to deliver possession of the part of the property subject to the Condemnation to Landlord before the actual Taking. The election of Tenant shall be made by Tenant's delivering written notice to Landlord declaring the election to deliver possession 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 F; IDOCUMENTIKB\BALDWIN\GRNDLSE.V5 1 10599 28 Project ( "Restore ") so as to make it reasonably suitable for Tenant's continued occupancy for the uses and purposes for which the Property is leased. If Tenant within sixty (60) days after the determination of Tenant's share of the Award does not notify Landlord that it will Restore the Project, the cost to Restore shall be deducted from Tenant's share of the Award and paid to the Lenders in the order of their priority and otherwise to Landlord, provided however that: (i) if any subtenant is entitled to any compensation by reason of the Taking, then such amount shall first be deducted from the Award and paid to the subtenant and (ii) Tenant shall be entitled to any portion of the Award awarded for the detriment to or the loss of business caused by the Taking. 11.4.3 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 cost of restoring the Project, plus any amount assessed, awarded, paid or incurred to remove or relocate subtenants, plus any amount awarded for detriment or loss of business. C. Third, to Landlord and Tenant, respectively and pro -rata, any expenses or disbursements reasonably and necessarily incurred or paid by or on behalf of Landlord or Tenant for or in connection with the Condemnation proceedings. d. Fourth, to Tenant, the balance of the Award. Section 11.5 Limited Takings. 11.5.1 On any Taking for a temporary use of all or any part or parts of the Property or the Project, or both for a period, or of any estate less than a fee, ending on or before the normal expiration date of the term of this Lease, neither the term nor the Rents shall be reduced or affected in any way and Tenant shall be entitled to any Award for the use or estate taken. If a result of the Taking is to necessitate expenditures for changes, repairs, alterations, modifications or reconstruction of the Project to make it economically viable and a practical whole, Tenant shall receive, hold and disburse the Award in trust for such work. At the completion of the work and the discharge of the Property and Project from all liens and claims, Tenant shall be entitled to any surplus and shall be liable for any deficit. if any such Taking is for a period extending beyond the expiration date of the term of this Lease, the Taking shall be treated under the foregoing provisions for Total, Substantial and Partial Takings. F: tDOCUMENTIKBIBALDWINIGRN©LSE.V5 110 599 29 Section 11.6 Partial Taking During Final Years of Lease Term. Tenant, at its option, may be relieved of the obligation to Restore if a Partial Taking occurs during the final twenty five (25) years of the term of this Lease if the work of restoration would cost more than twenty five percent (25 %) of the then replacement value of the Project and Tenant complies with all of the following conditions: 11.6.1 Within sixty (60) days after Tenant's share of the Award is determined in accordance with Sections 11.7 ( "Allocation of Award of Tenant's Section 11.6 Election ") and 11.4 ( "Partial Taking ") Tenant gives Landlord notice of its election not to Restore; 11.6.2 Tenant is not in material default under any provision of this Lease; 11.6.3 Tenant continues to pay all Rents and any other payments when due as required under this Lease, provided that the requirement of this Subsection 11.6.3 ( "Partial Taking During Final Years of Lease Term ") shall be waived, if and when Tenant delivers possession pursuant to this Article. 11.6.4 Tenant delivers possession of the Property and Project to Landlord. 11.6.5 Tenant shall receive the present value of the remaining years of Tenant's leasehold interest on that portion of the 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_ 1DOCUMENTIKBIBALDWINIGRNDLSE.V5 11 0599 30 12.1.2 the term of any assignment shall not extend beyond the term of this Lease; and 12.1.3 all assignments shall be subject to the terms, covenants and conditions of this Lease. Section 12.2 Lease Termination Upon Assignment. In the event that this Lease is assigned pursuant to Section 12.1 ("Tenant's Bight 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 specif=ic 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 identlty'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 priorwritten approval of the Landlord except as security- for any Loan and except as provided in Article 8 hereof. Assignment in violation of this Section 1 2.4.2 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 DOCUMEN-IIKBIBALDWINIGRNDL5E.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 underthis Lease and the Disposition and Development Agreement and agree to be subject to all the conditions of Tenant under this Lease and agree to be subject to all the conditions and restrictions to which Tenant is subject. There shall be submitted to Landlord for review, all instruments and other legal documents proposed to effect any such transfer, sublease or assignment, and if approved by Landlord, its approval shall be indicated to Tenant in writing. 12.4.6 In the absence of 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: IDOCUMENTIKBIBALDW]N\GRNDLSE.V5 110599 �� one hundred eighty (180) days after receipt of written notice of default where the default must be cured otherthan the payment of money and can be cured within said one hundred eighty (180) days, or within such reasonable time as may be required to cure the default which default cannot be cured by payment of money or cannot be performed within one hundred eighty (180) days, so long as Tenant diligently pursues the cure, then Landlord shall, in addition to any other remedies available to Landlord at law or in equity, have the immediate option to terminate this Lease and all rights attendant hereunder by giving written notice of such intention to terminate to Tenant. In the event that Landlord shall elect to so terminate this Lease, then Landlord may recover from Tenant: 14.2.1 The worth at the time of the award of any unpaid Rent which had been earned at the time of such termination; plus 14.2.2 The worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such rental loss Tenant proves could have been'reasonably avoided; plus 14.2.3 The worth at the time of award of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental 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 underthis Lease for which in the ordinary course of things would be likely to result therefrom; plus 14.2.5 Such other amounts in addition to or in lieu of the foregoing which may be permitted from time to time by applicable California law. As used in Subsections 14.2.1 and 14.2.2 ('Termination for Breach by Tenant ") above, the "worth at the time of award" is computed by allowing interest at a rate equal to the Prime Rate, not to exceed the maximum fate permitted by law. As used in Subsection 14.2.3 ( "Termination for Breach by Tenant ") above, the "worth at the time of award" is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award, plus one percent. Section 14.3 Landlord's Right of Reentry. In the event of any such default and failure to cure by Tenant, Landlord shall also have the right, with or without terminating this Lease, to reenter the Property and the Project, and subject to the rights of occupancy of subtenants, to remove all persons and property from the Property and-the Project. (Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant.) Section 14.4 Landlord's Right to Relet the Property. In the event of the abandonment by Tenant as provided in Section 14.1 ( "Abandonment by Tenant "), or in the F: IDQCUMEN- RKB1BALDWIN1GRNDLSE.V5 110599 33 event that Landlord shall elect to reenter as provided in Section 14.3 ( "Landlord's Right of Reentry") hereof, or shall tape 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 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 paymentof 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 (Landlords Right -of Reentry ") or 14.4 ( "Landlord's Right to Relet the Property ") shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Tenant or unless the termination therefor is decreed by a court of competent jurisdiction. Notwithstanding any reletting without termination by Landlord because of any default and failure to cure by Tenant, Landlord 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 event that the Tenant shall default in the performance of any of the agreements, conditions, covenants or terms herein contained, which event of default remains uncured after the expiration of the grace periods F: ID ©CUMENi1KB1BALDWINIGRNDLSE.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 (99) 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, labor trouble, inability to secure materials, or moratorium on building, construction or planning approvals, or any other cause, except financial inability, not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of F: IDOCUMENTIKBIBALDWINIGRNDLSE -V5 110599 35 delay will be excused; provided, however, that nothing contained in this Section shall excuse the prompt payment of Rent by Tenant when due and payable under the terms of this Lease, or the performance of any act rendered difficult or impossible solely because of the financial condition of the party, Landlord or Tenant, required to perform the act, or the delivery of possession of the Property by Landlord to Tenant as required by this Lease. Section 15.3 Attorneys` Fees. In the event of any action or proceeding by any party hereto for breach or to enforce the provisions of this Lease, the prevailing party in such action or proceeding shall be entitled to recover reasonable attorneys' fees and costs as the court may determine. For the purpose of this Lease, the terms "attorneys' fees" or "attorneys' fees and costs" shall mean the fees and expenses of counsel to the parties hereto, which may include printing, duplicating and otherexpenses, 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 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 'te der; 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- RKBIBALDWINIGRNDL5E.V5 11 0599 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 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, .point 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: IDOCUMENilKB1BALDWINIGRNDLSE.V5 110599 37 Section 15.12 Signs. Tenant and the Lenders will be entitled to place on the Property such advertising signs as any of them deem necessary or advantageous to their respective interests, provided that all such signs shall comply with all applicable laws and ordinances for the development and marketing of the Property. Section 15.13 Reasonable Consent. Wherever in this Lease, Landlord or Tenant is entitled to give its approval or consent, the same shall not be unreasonably withheld, except as otherwise expressly provided herein. Section 15.14 Quiet Possession. Tenant, upon payment of the Rent herein and upon observing and performing all the obligations to be performed by Tenant hereunder, shall and may peaceably and quietly have, hold and enjoy the Property and the Project, and the whole thereof, for the full term of this Lease, without hindrance or interruption by Landlord or any cther person or persons lawfully claiming by, through, or under Landlord, except as herein expressly provided. Section 15.15 Estoppel Certificate. A party hereto ("Certifying Party) shall at any time upon no less than thirty (30) days' prior written notice from the other party ("Requesting Party) execute, acknowledge and deliver to the Requesting Party a statement in writing (i) certifying that this Lease is unmodified and in full force, or, if modified, stating the nature of such modifications and certifying that this Lease, as so modified, is in full force and the date to which the Rent and other charges are paid in advance, if any, (ii) acknowledging that there are not, to the knowledge of the Certifying Party, any uncured defaults on the part of the Requesting Party hereunder, or specifying such defaults if any are claimed, and (iii) any other matters related to the status of this Lease as maybe required by a' Lender, prospective assignee, subtenant 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:\DOCUMEN-RKB\BALDWIN\GRNDLSE.V5 110599 38 to recognize the estate of each such subtenant. The sublease shall continue; with the same force and effect as if Landlord and subtenant had entered into a lease with the same provisions as in the sublease. Section 15.18 Limit of Tenant's Liability... Notwithstanding anything to the contrary contained in this Lease, neither Tenant nor any partner nor Affiliate thereof shall have any personal liability under the terms of this Lease and Landlord agrees for itself and its successors and assigns to look solely to the Property, and after construction of the Project, to the Property and the Project for the satisfaction of any loss, damage or liability incurred by it caused by Tenant's default including but not limited to the payment of any Rents due under this Lease. Section 15.19 Limit of Landlord's Liability. The term "Landlord" as used in this Lease so far as covenants or obligations on the part of Landlord are concerned shall be limited to mean and include only the owner or owners at the time in question of the fee of the Property and in the event of any transfer or transfers of the title to such fee Landlord herein named (and in case of any subsequent transfers or conveyances the then grantor) shall be automatically freed and relieved from and after the date of such transfer or conveyance from all obligations on the part of Landlord contained in this Lease to be performed thereafter, provided that any prepaid rent or trust funds in the hands of such Landlord or the then grantor at the time of such transfer, shall be transferred to the grantee or transferee, who shall expressly assume, subject to the limitations of this Section, all of the terms, covenants and conditions in this Lease contained on the part of Landlord thereafter to be performed, it being intended by this Section that the covenants and obligations contained in this Lease on the part of Landlord shall, subject to the provisions of this Section 15.19, be binding on Landlord, its successors and assigns only during and in respect of their respective successive periods of ownership, provided that no transfer or conveyance shall relieve any assignor, grantor, transferor, or conveyancer of any liability accruing during the time that such party was the Landlord. Section 15.20 Sections. The references to Articles and Sections in this Lease shall mean the Articles and Sections of this Lease unless expressly stated to the contrary. The titles and headings of Articles and Sections of this Lease are intended for convenience only and shall not in any way affect the meaning or construction of any provision of this Lease. Section 15.21 Incorporation of Preamble and Exhibits. The preamble and exhibits hereto are hereby incorporated into this Agreement and made a part hereof. F: 1DOCUMEN- RKB\BALDWINIGRNDLSE.V5 110599 39 y EXECUTED by the parties hereto as of this day of 9_ 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 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: 1DOCUMEN- RKBIBALDWINIGRNDLSE.V5 110599 40 Exhibits A. Legal Description B. Preliminary Title Report C. Form of Memorandum of Lease F: IDOCUMENT\KB\BALDWINIGRNDLSE_V5 110599 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] F: 1DOCUMENTIKBIBALDWINIGRNDLSE.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 11123199.) I EXHIBIT B PRELIMINARY REPORT F: 1d©CUMENi1KBIBALDWIN\GRNDLSE.V5 110599 43 [EXHIBIT C TO GROUND LEASE] Recording Requested By: When Recorded Mail To: MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE is made as of the day of 19 , by and between the Baldwin Park Redevelopment Agency (herein called "Landlord "), and (to be designated by KBMH) (herein called "Tenant "). 1. Landlord and Tenant have entered into that certain Ground Lease, dated , 19 (herein called the "Lease "), by which Landlord agreed to lease to Tenant and Tenant agreed to lease from Landlord on the terms and conditions stated in the Lease, the land and premises (the "Property„) located in the City of Baldwin Park, County of Los Angeles, State of California, described in Exhibit A attached hereto and incorporated herein by reference. 2. The Lease provides for a term commencing on ,19 and ending fifty -seven (57) years thereafter, unless sooner terminated as provided in the Lease. 3. The Lease provides that Tenant may use the Property during the term of the Lease for any lawful purpose, including construction and operation of an apartment project subject to the terms of that certain Disposition and Development Agreement entered into with respect to the Property by Landlord and Tenant. 4. The Lease is incorporated herein by reference and made a part hereof. 5. This Memorandum of Ground Lease is not intended to and does not modify, alter or amend any of the terms or conditions of the Lease, but rather serves as a written memorandum thereof for purposes of recordation. F: \DOCUMENT1KB\BALDWIN\GRNDLSE.V5 110599 44 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Ground Lease as of the day, month and year first written hereinabove. 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)is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (Seal) STATE OF j ) 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) whosb name(s) is /are subscribed to the within instrument and acknowledged to me that he/she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (Seal) F: IDOCUMEN- 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: 1. Developer agrees to pay the following amount (the "Payment ") on an annual basis to the City and the Agency, which Payment is in lieu of the amount each would have otherwise received as its authorized share of ad valorem real property taxes which would have been levied against the Project, but for the Property Tax Exemption: To the City: $5,000.00 2. The Payment shall be made within 120 days from the date on which the final installment of real property taxes would be delinquent for the fiscal year of the real property tax assessment otherwise applicable to the Project. The Payment shall be increased annually by an amount of up to 2% of the prior years 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. CAWINDOWSITEMPTILOT.DOC 110599 IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement as of the date set forth hereinbelow. DATE: ATTEST: M Q AGENCY SECRETARY APPROVED AS TO FORM: loin AGENCY COUNSEL REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK EXECUTIVE DIRECTOR BALDWIN PARK SENIOR APARTMENTS, L.P. a California limited partnership By: Affordable Multi - Family, Inc. General Partner By:_ Name: Its: CAW NDOWS\TEMP%PILOT.DOC 110599 2 EXHIBIT A LPROJECT 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] C:1W €N DOVVSITEMPIP € LOT. 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 11/23/99.) �IS�rihca�co� �vGG (� Staff Report � To: City Council /Agency Board From: Dayle Keller, Interim Executive Director 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 Flow The Lease Agreement provides for the Agency to receive 25% of the annual cash flow from the apartment project during the 57 year lease. On Tuesday November 30, 1999, staff met with. Alexis Gevorgian, Director of Development for Kaufman and Broad (K & B). Mr.Gevorgian provided a copy of the developers proforma for the project. The Agency will receive it's annual 25% share of cash flow beginning in year 2002. The total 57 year estimated cash flow is approximately $3,242,000. As indicated in the original staff report, the 56 unit building will revert to the Agency with an estimated value of $7.4 million in 2056. Thus the total 57 year revenues are as follows: Base rent $ 57.00 ( $1 /year) In lieu payments $ 522,947.00 (57 payments) Cash flow $ 3,242,000.00 (57 payments) Building value $7,4424.797.00 (Developer estimate at lease termination) Total $11,189,801.00 2. Exhibit C- Site Plan and New Parking Please note that the estimated 25 public parking spaces are actually on private property. Thus, we will need to obtain an easement from all owners in exchange for new parking improvements including landscaping etc. 3. Historical Society Museum. The Historical Museum, located at 4061 Sterling Way, will be demolished to make way for the housing project.. The City has a lease with the museum operator that will expire in July 2000. Staff has told the operator we will assist in locating a temporary facility if they are required to City Council Page 2 December 1, 1999 move earlier than July 2000. The Community Development Director and staff previously met with the operator after the OPA was approved with K & B. The meeting results were that the museum could possibly move to Morgan Park until a permanent facility could be located.. 4. Baldwin Parr 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 @`MVv�� Year 2% 1 5,000 2 10,100 3 15,302 4 20,608 5 26,020 6 31,541 7 37,171 8 42,915 9 48,773 10 54,749 11 60,844 12 67,060 13 73,402 14 79,870 is 86,467 16 93,1% 17 100,060 18 107,062 19 114,203 20 121,487 21 128,917 22 136,495 23 144,225 24 152,109 25 150,151 26 168,355 27 176,722 28 185,256 29 193,961 30 202,840 31 211,897 32 221,135 33 230,558 34 240,169 35 249,972 36 259,972 37 270,171 38 280,575 39 291,186 40 302,010 41 313,050 42 324,311 43 335,797 44 347,513 45 359,464 46 371,653 47 384,086 48 396,768 49 409,703 50 422,897 51 436,355 52 450,082 53 464,084 54 478,36S 55 492,933 56 507,791 57 522,947 NPV 819 AGREEMENT FOR PAYMENT IN LIEU OF TAXES THIS AGREEMENT FOR PAYMENT IN LIEU OF TAXES ("Agreement ") is entered into by and between THE REDEVELOPMENT AGENCY FOR THE CITY OF BALDWIN PARK - - ("Ager,cy'') and Baldwin Park Senior Apartments, L.P., a California limited partnership ( "Developer"): A. This Agreement is made in connection with that certain Disposition and Development Agreement (DDA) between the Agency and Developer for the disposition of certain real property ( "Project Site ") in the City of Baldwin Park ( "City "), County of Los Angeles, State of California, more particularly described in Exhibit A attached hereto, and development thereof by Developer as a residential apartment complex having a minimum of 50 apartment units ( "Project "). B. Developer anticipates owning and operating the Project for low income housing purposes, and to qualify for an exemption of the Project from ad valorem real property taxes pursuant to Section 214(g) of the California Revenue and Taxation Code (the "Property Tax Exemption ") C. The parties desire to mitigate the loss of real property taxes by reason of the Property Tax Exemption, as provided herein. NOW, THEREFORE, in consideration of the premises, the parties hereto agree as follows: 1. Developer agrees to pay the following amouni (the "Payment") on an annual basis to the City and the Agency, which Payment is in lieu of the amount each would have otherwise received as its authorized share of ad valorem real property taxes which would have been levied against the Project, but for the Property Tax Exemption: To the City: ' $5,000.00 2. The Payment shall be made within 120 days from the date on which the final installment of real property taxes would be delinquent for the fiscal year of the real property tax assessment otherwise applicable to the Project. The Payment shall be increased annually by an amount of up.to'2% of the prior year's Payment, to the extent of the annual percentage increase in real property taxes which would otherwise be applicable to the Project. The obligation herein for the Payment shall commence upon completion of construction of the Project and shall apply only so long as and for such period that Developer is owner of the Project and qualifies for and obtains the Property Tax Exemption. The ayment -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. CAW€ N DO WSUEM PTT LOT. DOC ?10599 r BALL VIN TO: FROM: DATE: SUBJECT: PURPOSE: CITY OF BALDWIN PARK CITY COUNCIL James B. Hathaway, Interim Director of Public Works December 1, 1999 Transportation Services Five -Year Plan CITY COUNCIL AGENDA ,. . v The purpose of this report is to identify the future transportation service needs of the residents of Baldwin Park and devise a funding plan for these needs. BACKGROUND: As was reported in the Baldwin Park Transit Annual Report, the transit services, especially the fixed -route shuttles, are becoming overcrowded and residents are requesting more service. However, the City has already committed our entire Proposition A funds to other projects. The five -year plan is designed to analyze all the Prop. A expenditures and term a course for the provision of services over the next years. DISCUSSION: During FY 1999 -00, the City of Baldwin Park has a total budget of $1,178,000 for Proposition A expenditures but is only receiving $1,022,000 in Proposition A revenues. This year's shortfall is being covered by Proposition A reserve funds however our reserves are not unlimited and we will soon be in the position of spending beyond our means. The attached plan outlines the anticipated needs through FY 04 and compares these needs to the expected revenues. The plan makes the following recommendations: 1. Fixed -Route It is recommended that two buses be added to the current route during peak hours. This change will alleviate overcrowding on the current routes and will allow the City some freedom to design route deviations into under served areas of the City. Reviewed by: � r Transportation Services Five -Year Plan December 1, 1999 Page 2 2, Demand- Response It is recommended that the service area for the Demand - Response be reduced from five -miles to three - miles. This will increase the capacity of the service without increasing the cost. Exceptions can be made for medical appointments. 3. Recreational Transit The Recreational Transit budget will be increased by CPI only. This will require stringent controls on the amount of trips that are provided however, it is a fair amount of funds to be allocated to the project. 4. Bus Fare Subsidies The bus fare subsidies are recommended to be capped at their current levels regardless of the change in price of the passes in order to ensure that the budget does not continue to increase. 5. Metrolink Security The City is recommended to maintain the security at the Metrolink Station. However, the City should charge for parking in order to cover the costs of the security. 6. Transit Maintenance In order to save funds, it is recommended that the transit maintenance program be contracted out with the next fiscal year. This will save at least $23,000 in operating costs and approximately $75,000 for capital costs in the next fiscal year. These recommendations still result in a shortfall over the course of the next five -years and therefore the Council is asked for direction on either making cuts to some of the services or making adjustments to the way the services are funded. This item was previously before the Council on November 3, 1999 but was held over for this meeting. FISCAL IMPACT: The impacts of the five -year plan will be absorbed in future fiscal years. RECOMMENDATION: The City Council is recommended to review and comment on the plan presented by staff. If they are able, they should accept the service recommendations of the plan and direct staff as to how they wish to fund these programs. Isawilaga —T�# = : m Kara Bouton, Transit Coordinator FIVE -YEAR PLAN The City of Baldwin Park provides transit services to the residents of Baldwin Park with a fixed -route shuttle, dial -a -ride service and supplemental taxi service. The services, which transported over 750,000 passengers over the first two years of service, are funded entirely with the City's Proposition A Transportation funds and an MTA Call for Projects grant. The fares paid by the passengers to operate the service cover about 15% of the service. In just two years, the demand for Baldwin Park Transit services has outgrown the service the City is able to provide. It's obvious that adjustments need to be made to both the fixed -route and dial -a -ride services in order to guarantee that we are meeting the needs of the resident's in the most efficient manner. However, as we make these adjustments, we must be cautious and remain within the confines of our transportation funds. This five -year plan is intended as an outline to address the transportation needs of residents through Fiscal Year 2004. It uses the current fiscal year as a starting point and is broken into four sections. The sections are: Current Services, Future Needs, Funds Available and Service Recommendations. CURRENT SERVICES The City receives two funds that can be used to provide transportation services. The two funds are Proposition A and C, which are countywide sales taxes approved by the voters in the late eighties and early nineties, respectively. Listed below are the projects that are funded under Proposition A or C and their current budget. 'Projects Expenditures Revenues Prop. A $885,561 Call for Projects $135,000 Fixed -Route Service $ 513,000 Dial -a -Ride Service Taxi Service Special Services $ 180,000 $ 18,000 $ 25,000 [ Recreation Transportation $ 40,000 i Bus Fare Subsidy _ $ 54,000 Metrolink Security_ $ 42,500 Bus Shelter Maintenance $ 118,000 General Administration $ 125,000 CIP 865 —Bus Shelters 63 000 Total: $1,178,500 $1,022,561 Pro . C $740,354 CIP 807 808 819 857 858 859, 860, 861 $1,265,000 $740,354 FUTURE NEEDS The City of Baldwin Park has made several transportation- related commitments to the residents of Baldwin Park. Many of these commitments are costly but residents have come to count on them. These programs include the transit services, the bus pass subsidy program, transportation for recreation trips, and security at the Metrolink Station. The provision of these programs is already costing the City over $1 million. This is nearly $200,000 more than this year's Prop. A revenues. The City is quickly running through our reserves to keep are programs in tact. Therefore, we must look to the future and determine the residents needs and the City's priorities for meeting those needs. Fixed -Route Baldwin Park's biggest financial commitment is to the fixed -route service that currently costs the City $513,000 annually. The service is already overcrowded which indicates a demand for more or bigger buses. At the same time, residents and the City Council have made requests for service to other areas of the City as well as longer service hours. Over the next five years, there are several actions that can be taken by the City to address the capacity issue of the fixed -route shuttle. The options are listed below. 1) The service can be left as it is which would limit ridership to the 1,259 passengers per weekday currently be served. 2) Additional buses could be added. a) Buses could be added on the current route at peak times only. This would result in an increase in capacity of nearly 350 passengers per weekday. b) Buses could be added on the current route all weekday resulting in the ability to serve 577 additional passengers. c) Additional Buses could be added to create a new route. The increase in ridership would be equivalent to that of adding new buses to the current route. However, the ridership would be new passengers rather than addressing the overcrowding with the current passengers. 3) The current buses could be replaced with larger buses that would seat more passengers. The larger buses would result in an increase in capacity of 639 passengers per weekday. Page 2 The chart below outlines the costs of adding more buses or providing the service with larger buses. While reviewing this information, it is important to compare the value of the service to the cost of the service. For example, it may be more costly to add more buses to the service however the additional buses do have the advantage of allowing the City to route the service to different parts of the City. Year Current Service Additional Buses (Peak) Additional Buses (All -Day) Larger Buses _ �FY 00 $513,000 $662,580 $706,246 NIA FY 01 523,260 775,269 864,694 $701,232 FY 02 533725 790,775 881,988 715,257 FY 03 549,737 814,498 908 448 736,714 FY 04 571,726 847 078 944 786 766,183 Dial -a -Ride At its inception, the Baldwin Park Dial -a -Ride experienced a tremendous amount of overcrowding. That problem was solved by limiting the dial -a -ride to senior /disabled residents only. The service is now operating better but is showing signs of again being overcrowded. The overcrowding is caused by the fact that the service is traveling a long distance outside the City. For example, 57% of the trips provided by the dial -a -ride are either to or from the cities of Covina and West Covina. We can only assume that the demand for the service will continue to grow. There are two ways to address the increased demand. A policy change can be made to limit trips outside the City to three miles rather than five. It is anticipated that this change would allow us to nearly double the weekday ridership on the service to 95 passengers without increasing the cost of the service. It should be noted that 54% of the dial -a- ride trips are to or from other cities. 2. The other option is to add a vehicle to the service to provide more hours. Below is a cost comparison of both options. Year Current Service Three -Mile Service Area Additional Vehicle FY 00 $180,000 $180,000 $220,751 FY 01 183,600 183,600 241,197 FY 02 187,272 187,272 246,021 FY 03 FY 04 192,890 200,606 192,890W� 1 200,606 - -- 253,402 j 263,538 The City currently supplements the dial -a -ride with taxi service. I recommend that the budget and the amount of taxi service that is provided remain the same. Page 3 The budget currently allows for nearly 2,000 taxi trips per year. There does not appear to be a need for this to increase. Recreational Transit Every year, the City sets aside a portion of Proposition A funds to be used for recreational transportation. This program is administered by the Recreation Department and is used for field trips for the Senior Center and the Day Care programs. The budget for this program has been $40,000 with the expenditures falling slightly less than the budget. Although the Community Center predicts increases in demand for their services, they believe that they can keep their transportation costs within the $40,000 currently allocated to them, Hence, the budget is recommended to increase by CPI annually. Bus Fare Subsidies The bus fare subsidy program is available to seniorldisabled residents of the City of Baldwin Park as well as College/Vocational students who live in the City. The total expenditure for the program in FY 99 was $34,446. The City bus subsidy program was established long before the Baldwin Park Transit services were implemented. Now that the City is committing more than half a million dollars to providing transportation, there is a question of whether the additional subsidy program is necessary. The fact is that Baldwin Park Transit cannot be, nor do we want to be, the transportation provider for all the needs of the residents. It is necessary for residents to use regional bus services to travel to destinations outside of the City. The subsidy of the regional buses is a nice service for the residents. Currently, the City subsidizes $6.00 of the cost for Senior /Disabled passes and $7.50 per pass for CollegeNocational students. Depending on the type of the pass that is purchased, this results in a City subsidy of as much as 50% for seniors and 25% for college /vocational students. Since the senior/disabled passes are already heavily discounted by MTA, the City subsidy allows our residents to purchase their passes at an 83% discount of the regular pass. If the City reduced the subsidy per pass by $1.00 we could save $6,000 annually. This $6,000.00 does not make a big difference in the budget however; it does make a difference to the senior/disabled residents on fixed incomes that depend on transit service. Therefore, the most equitable solution to this program would be to cap the subsidy at $6.00 for senior /disabled residents. This would avoid an increase in the subsidy budget as MTA raises their fares. The City only subsidizes an average of 11 college /vocational passes a month resulting in a cost of less than $1,000 annually. It is recommend that these passes also be Page 4 capped at their current subsidy level of $7.50. The college /vocational passes are much more costly than the senior /disabled passes. Metrolink Security The City provides security at the Metrolink Station for 15 hours each weekday. This service costs $42,500 annually and ensures that the Metrolink station is safe for residents and commuters. Although this is a beneficial program, it is possible that the City could recoup some of the expenditures by charging for parking at the station. If the City charged only $1.00 per day, we would earn $51,800 per year. In other words, the City could make a profit of nearly $10,000 annually. However, there could be negative ramifications to charging for parking. First, the Metrolink parking is filled to overflowing with several commuters parking along Downing Avenue. This street parking has caused the businesses and residents across from the station to complain that they are unable to park their cars in the area. If we started charging to park inside the station, this may exacerbate the problem on that street. Additionally, there is the hope that once we draw people into the City, they will spend money in the City. Charging for parking may drive commuters to El Monte, the next station on the line. Although, the benefits of commuters coming into the City is not measurable, it would be a shame to drive possible spenders out of the City. Transit Maintenance The amount of funds expending to maintain bus shelters is extraordinary. The current budget for this service is $118,000. This is an enormous strain on Prop. A funds. This service is currently operated in -house and was developed with existing equipment in the yard. if this program continues, the public works supervisor has indicated that a new truck and other equipment will be needed as the current equipment has been on loan from other sections. This is expected to cost the City an additional $75,000. If the service were contracted at the level of service the City is currently supposed to be getting, it would cost $95,000 annually. This is a savings of $23,000 without counting the capital costs anticipated for next year. More savings could be derived by reducing the scope of the shelter maintenance contract. It seems the only viable solution for this program is to contract the services. Other Expenditures Proposition A funds are also expended to pay for the Metrolink utilities, the City of Baldwin Park COG membership and general administrative costs. These Page 5 costs together average $125,000 annually and there are no other options for funding these services, FUNDS AVAILABLE As mentioned above, the City has Proposition A and C funds available for transportation however, Proposition C is reserved solely for street improvements. The other fund that should be available for FY 00 and FY 01 is a Call for Projects Grant from the MTA. The fares that the City receives from the transit systems and the revenues from the bus shelter advertising also go to off set transit costs. The chart below outlines the funds expected to be available over the duration of this report. Year _FY 00 Prop. A 1$885,561 Call $135,000 Fares 1 $103,890 Revenues 1 $ 25,000 11 Total $1,149,451 FY 01 903,272 139,000 ' 103,890 25,000 1,171,162 FY 02 921,338 -0- 103,890 25,000 1,050,228 FY 03 948 978 _ -0- 103,890 25,000 1,077,868 Y 04 986 937 -0- 103,890 25,000 1,115, 827 SERVICE RECOMMENDATIONS Prop. C $740,354 755,161 770,264 793,372 825,107 Total' $1,889,805 1,926,323 1,820,492 1,871,240 1,940, 934 It should be noted that the current year budget of $1,178,000 exceeds the Proposition A funds that are available to the City. The City is currently funding this shortfall with Proposition A reserves. If we anticipate that our costs will increase at the same rate that our revenues increase, the budget for Prop. A projects can be expected to be as high as $1,313,411 by FY 04. This will result in an estimated shortfall of nearly $200,000. This knowledge makes it very difficult to suggest any increase in the services currently being provided. However, as was stated above, the demand for the transit services is increasing and the services are already overcrowded to the point that they cannot meet this demand. Therefore, the following service adjustments are recommended. 1, Fixed -Route It is recommended that two buses be added to the current route during peak hours. This change will alleviate overcrowding on the current routes and will allow the City some freedom to design route deviations into under served areas of the City. 2. Demand- Response It is recommended that the service area for the Demand- Response be reduced from five - -miles to three - miles. This will increase the capacity of the service without increasing the cost. Exceptions can be made for medical appointments. g_.• . 3. Recreational Transit The Recreational Transit budget will be increased by CPI only. This will require stringent controls on the amount of trips that are provided however, it is a fair amount of funds to be allocated to the project. 4. Bus Fare Subsidies The bus fare subsidies are recommended to be capped at their current levels regardless of the change in price of the passes in order to ensure that the budget does not continue to increase. 5. Metrolink Security The City is recommended to maintain the security at the Metrolink Station. However, the City should charge for parking in order to cover the costs of the security. 6. Transit Maintenance In order to save funds, it is recommended that the transit maintenance program be contracted out with the next fiscal year. This will save at least $23,000 in operating costs and approximately $75,000 for capital costs in the next fiscal year. 7. Other Expenditures These other expenditures are recommended to stay at the same level with a CPI increase annually. The chart below outlines the effect these service recommendations will have the future budgets. Year Fixed- Route 61al -a -Ride Taxi Special Re- creation Bus Fares Security Main- tenance Other'Total FY 00 ` $513,000 $180,000 $18,000 $25,000 1 $40,000 $54,000 $42,500 _ . - W $118,000 $188,000 $1,178,500 FY 01 183,600 18,360 25,500 40,800 36,000 -0- 95,000 127,500 1,302,029 _775,269 FY 02 ; 790,774 187,272 1_8,727 26,010 41,616 36,000 -0- 96,900 130,050 1,327,350 FY 03 814,498 192,890 19,289 26,790 42,864 36,000 -0- j 99,807 133,952 1,366,090 FY 04 847,.078 200,606 20,060 27,862 44,579 36,000 -0- 103,799 139,310 ( 1,41 9 1. Special services include funds for extended services for "Concerts in the Parks" and other events as well as marketing for th service. 2. Other includes general administration costs, park and ride utilities, COG dues and CIP 865. As this chart illustrates, the proposed service change results in a slight increase in the Prop. A budget. These programs will leave the City with an annual shortfall ranging from $130,867 in FY 01 to $303,467 in 1 =Y 04. There are several ways that the City can address this overrun. When reviewing this, it is important to remember that regardless of the changes the City makes, there will be an overrun. The following chart illustrates the amount of overrun and the second chart identifies possible ways to fund the overrun. Page 7 Year No Change in Service Levels No Change to Fixed- Route, Other Changes Implemented All changes Implemented FY 00 FY 01 $ 29,049 39 288 $ 29,049 (121,142)_ $ 29,049 130,867 FY 02 110,338 20,072 277,122 FY 03 116,511 23,461 288,222 FY 04 _ 124,279 28,116 303,467 ( ) indicates that there is not a shortfall. This is due to the Call for Projects grant available in FY 01. The most obvious way to address the problem of the shortfall would be to allocate a portion of Prop. C funds to the operation of the transit services. A second way to raise funds would be to increase the fares on the fixed -route service to match that of the dial -a -ride service ($0.25 to $0.50). This option would only be prudent in the case that the council decided to increase the service on the fixed -route. The increase could be justified as helping to pay for the additional services. The benefits of using Prop. C and increasing the transit fares are illustrated below. Year FY 00 FY 01 FY 02 FY 03 25% Prop. C NIA $188,790 192,566 198,343 Remaining Prop. C NIA $566,371 577,698mm 1595,029 , 30% Prop. C _ _ NIA $226,548 231,079 238,012 Remaining Prop. C N/A $528,613 539,185 555, 361 FY 04 206 277 618 830 247, 532 577, 575 Additional Fare Revenues Year $0.25 Fare $0.50 Fare FY 00 NIA NIA FY 01 $17,002 $120,414 FY 02 E 22,665 131,248 FY 03 28,612 142,263_ FY 04 _1_31,733 I 154,567 The Fare estimates are based on an assumed 15% increase in ridership during the first year of service if the fare is $0.25 and a 10% increase in ridership if the fare is $0.50. CONCLUSION The transit services are important service to the residents of Baldwin Park however they have become very costly for the City. At this time, it is necessary for the Council to decide the direction they would like to take with the service. Decisions must by made as to the level of service to be provided and the funding to be used. 1 �-J 0 C. x w LL 1` cu '.� CL a) o o o 0 C. x w t t 1 • • • U � W � O U a U � � O U tA 0 N 1 I It 1-1 0 .`f. 15+1 �: � �: �y��y�: �( M:� *�ili i�'^'1 W A�1l1 W ti:: �� r4+t ;�. \ \ \ \ \ \ \ \ \ \ \ 0 0 0 0 0 0 0 0 0 0 0 © O O O C® Q ®® 0 0 D GT CaJ � `D � d' c'� N �°+ .�sirT,y, """� U) C: 0 a O 14W U L 1 � -1 a� V + °o O o� aC� .G o� �O I 4-a m E -F.-O cn w Cl LL .w m dw dw Qy AM am ow lm 4J 'tIJ Cl LL I MIN .w m dw dw im AM am ow lm I MIN dw dw im AM am ow lm I MIN (t3 0 r- C) if ) O a) U) m a? L U a) L 3 u LL V 0- O ryL.. O J M 0 0 0 0 0 CD CD CD 0 (D C] 0 C7 C) 0 0 Q C7 0 ° ° ° Cn 0 °o o 0 0 0 � M M N Lr) CD N r C] cfi r Q C] Q U- T L E O L CL E Q� L cn X11► LJ ® o 00 0 409- to ® CD�q ® c © CD ® CI Q 4�= y ® to ® O ® C/ C n p�y n n n /® C C ® Q \✓ ® ® ® V LO 4tt M C4 V- 61% 6C.- Ago)- 16� 41� T- 0 'r}•: is AV T L E O L CL E Q� L cn X11► LJ ® o 00 0 409- to ® CD�q ® c © CD ® CI Q 4�= y ® to ® O ® C/ C n p�y n n n /® C C ® Q \✓ ® ® ® V LO 4tt M C4 V- 61% 6C.- Ago)- 16� 41� T- 0 i 1 RII,, .. � 1 � ®""OWN StAl LL 1 � a l� U r � W 3 9 N 0 El 0 *Y/ �IpR�s r� LL c 1 V • N R L. 3 e r led Ftf m E E/ BALDWIN P • 2� i .k TO: FROM: DATE: SUBJECT: PURPOSE: CITY OF BALDWIN PARK CITY COUNCIL AGENDA STAFF REDEOR71 1999 ITEM NO. CITY COUNCIL James B. Hathaway, Interim Director of Public Works December 1, 1999 San Gabriel Transit Contract for the Operation of Transit Services The purpose of this report is to authorize staff to either 1) enter into negotiations with San Gabriel Transit for a two -year extension of their current contract beginning July 1, 2000; or 2) solicit bids for a five -year contract to operate the City's transit services beginning July 1, 2000. BACKGROUND: The operation of the Baldwin Park Transit services was awarded to San Gabriel Transit in a three year contract effective July 1, 1997 through June 30, 2000. The contract included an optional two -year extension. As the original period of the contract is coming to a close, it is necessary to decide whether San Gabriel Transit should be awarded the two year extension or bids should be solicited for a new contractor. In the case, the City decides to solicit bids, that process must begin immediately in order to give any contractor enough time to purchase vehicles to start the service on July 1, 2000. DISCUSSION: In anticipation of the closing date of the contract, San Gabriel Transit has submitted a proposal requesting a five -year extension but providing an option for the two -year extension provided for in the contract. The proposal is attached for your review. Based on this proposal, staff recommends the following: 1. If it is the Council's desire to increase service on the fixed - route, then the services should be bid. This recommendation is made since San Gabriel Transit is requesting a five -year contract extension in order to provide more or larger buses. They do offer to add used buses for a two -year extension but they cannot guarantee the reliability of the vehicles. Reviewed by: j_r#X1_ San Gabriel Transit Contract for the Operation of Transit Services December 1, 1999 Page 2 A five -year agreement that includes an increase in service level should be considered a new contract rather than an extension. In the case that the City awards a new contract, we have the responsibility to award it through a competitive process. 2. If the City does not wish to add service to the fixed- route, then it is recommended that they authorize staff to negotiate the terms for a two -year contract extension with San Gabriel Transit. This recommendation is based on the fact that San Gabriel Transit is proposing to consolidate their operations and move them to Baldwin Park. Staff anticipates that this will improve the service they provide the City through better response time with mechanics, drivers and dispatchers all in the same location. Please note that this item was previously brought before the Council on November 3, 1999 and was held over until the current meeting. FISCAL, IMPACT: If the council chooses to bid the services, there will be an increase in the cost per hour of the service for Fiscal Year 2000 -01 as we will be adding more or bigger buses. Option 2 should not result in any significant changes in the cost of the service. RECOMMENDATION; The City Council is recommended to authorize staff to either 1) enter into negotiations for a two year extension of their current contract beginning July 1, 2000, or 2) solicit bids fro a five -year contract to operate the City's transit services effective July 1, 2000. REPORT PREPARED BY; Kara Bouton, Transit Coordinator 9 2623. River Avenue Rosemead, CaVornia 91770 telephone: [8181 307. 1510 • Fox: [8J8] 307 - 1529 October 2, 1999 Ms. Kara Bouton , Transit Coordinator ,. City of Baldwin Park 14403 Pacific Avenue Baldwin Park, CA 91.706 Dear Ms. Bouton: Per our discussions with Mr. Hathaway, lam submitting four transportation options to assist the City in providing a solution for the increasing demand for fixed -route services. Understanding } that the City of Baldwin Park has limited funds to fix the problem,. I believe the options that are i presented offer the most viable alternatives. In order to work toward a fang -term relationship with the City, San Gabriel Transit is willing to make some monetary concessions. When we first were being interviewed and after our selection to operate your systems, it was made clear by myself that it will always "be our goal to work together. Due to the unbelievable success the, Baldwin Park .busses are not capable of ofthe fixed-route, le servicing the increasing demands of Baldwin Park riders. During certain times .of the day, people, are left on the curb due to overcrowding on our vehicles. Many residents are asking for increased stops along the route or different "routes td accommodate their needs. To extend the current routes only serves to amplify the current problem and make riders endure longer rides. On shopping days, with frozen foods or ice cream, riding the fixed - route may no longer be an option if the lengths of the routes are increased dramatically. �E e e9pt oa k bThe current contract with our company provides for a three -yeas contract with. an option to extend. The current three -year contract terminates in .tune of 2000. The council must make a decision to extend our contract or place the Baldwin Park system out to bid. Their seems to be only two reasons that the City of Baldwin Park would solicit bids, 1.) bid from the current provider" was unacceptable or 2) city is unhappy with San Gabriel Transit. San Gabriel Transit can provide many options to this problem and-is willing to partner in an effort. to facilitate larger busses or two additional busses by making financial concessions. Option #1 Used Vehicles for Two Years Many contractors or cities elect to use their busses for approximately seven years. San Gabriel Transit has always used our busses a maximum of five years and recommends the City adopt that policy. The current busses will have three years of service in June of 2000. They are in good working order and will last five years without a problem. The current busses used in the fixed -route and dial a ride services are top of the line equipment. They have dual air conditioners, special, heavy -duty mechanical components, sturdy V -10 engines, etc. If the City elects to extend our contract for two years and wants 2 additional vehicles added to the fixed -route it is possible to find used vehicles that would serve the purpose. It is extremely difficult to find two or three-year-old vehicles because foxed -route and dial a ride contracts normally run five years in duration. The advantage of used vehicles is the per hour cost. New vehicles, that cost approximately fifty thousand dollars should be amortized over five year contracts to bring the cost per service hour in a tolerable range. The disadvantage of purchasing used vehicles is the low probability of finding vehicles to match our current vehicles, and unsure if the mileage is correct and guessing if they are mechanically sound. The approximate costs per service hour of the used vehicles will be $30.90 per service hour, per vehicle. Option #Z Awarding San Gabriel Transit five year contract with 6 fixed- route busses. At the termination of the existing contract in June 2000 or sooner, San Gabriel Transit will purchase six new busses similar or identical to the vehicles currently used. The two additional vehicles to the Baldwin Park fleet affect the price per service hour positively. it is assumed that we will use the current standby vehicle, which is relatively new. We originally discussed using the current vehicles and adding two additional. I was under the assumption that we financed these vehicles for three years. Looking through my notes I realize that we took a chance and financed for four years because we were confident that an extension would not be a problem based on our history with other systems. Consequently, the payments continue through the fourth year, not allowing us to cut our hourly costs as deeply as first assumed. The fifth year, we can make some dramatic adjustments. When providing you a price for this option, it is important you understand that we will factor in the fifth year and additional. consideration for six vehicles. The more vehicles in a system allow us to offset our fixed expenses and reduce the hourly costs. Price for purchasing six new busses, similar to the units we currently have, we are able to reduce the current price of $33.85 to $32.27 per service hour. Opd6n #4' Four larger busses, for fixed -route Because we are not sure what vehicles you are interested in, I have used two price ranges for your perusal. If you will. recall, we spoke about Creative Bus Sales quote for one hundred five thousand for the government buying contract vehicles. That seems to be the best value, but like you say, it is hard to determine what you are getting without examining the vehicle closely. I "worked" with him, a little and got the price down to one hundred thousand. With tax and license it will be a little in excess of one hundred ten thousand ($110,000) each. This is a good starting point. I will give you three price ranges starting at Creative Bus Sales price to one hundred sixty five thousand per unit ($165,000) for the rear engine vehicle. The actual pricing difference will only vary with the maintenance characteristics of the chosen vehicle. These are estimated costs that can be used for budgeting and may vary a little. Cost Per Hour to operate 4, with I new diesel spare, will be $38.01 Per Service Hour. We can also usp the current stdndby bus instead of purchasing a fifth bus to reduce the cost. These are the vehicles that cost $100,000 plus tax and licensing. Cost Fpr Hour for the rear-engine busses, four in operation and one in standby, (again, you can elect to substitute the current stand by vehicle) is $42.33. All of these prices are based on the same number of hours we'currently operate. It is important to understand that the five year quotations are the direct result of us wanting to work with the city and having a facility that is in the City. reducing overtime, mechanics in the 4rea, reducing deadhead miles etc. Thank you,again for this opportunity. If you have any questions I trust you will call me. I/ Perrin CITY COUNCIL AGENDA i4 ULU CITY OF BALDWIN PARK STAFF REPORT BALDWIN - - -- ITEM NO, P - A °R °K TG: City Council FROM: Ralph J. Nunez, Director of Recreation and Community Service DATE: December 1, 1999 SUBJECT: Approval of Agreement with County of Los Angeles for Renovation of Shvre Park Purpose This report requests City Council approval of an agreement with the County of Los Angeles to complete the renovation of Shyre Park. Background /Discussion The City of Baldwin Park owns the property identified as Shyre Park. This property is located on Vineland Avenue west of Francisquito where the San Gabriel River wash intersects. The property borders the unincorporated area of the County. The City is currently leasing the property to Bassett Little League on a year to year lease. The property is used specifically for recreational purposes. A small portion of the park is owned by Southern California Edison who also leases the property to Bassett Little League on a year to year lease. The property is in dire need of repairs. The parking lot to the baseball field has open access to the public and is currently being utilized as a dump site for illegal dumping. Under the proposed Agreement, the County would agree to provide a grant in the amount of $400,000 to design and construct a public park with a youth baseball field and snack bar. The park would be maintained by the City. During the months of March through July of each year, Bassett Little League would have priority use of the baseball facility. During the balance of the year, the City would equitably schedule activities at the facility and the County would have approval authority of the scheduled programming of the unincorporated area of Los Angeles County and the City's residents. The park is currently being used exclusively by Bassett Little League. The Agreement would be renewable year to year for fifty (50) years unless terminated by the County. City Council Agreement with County of Los Angeles Renovation of Shyre Park December 1, 1999 Page 2 In addition, the City would agree to participate in the development of the San Gabriel Valley River Master Plan, in conjunction with the County Public Works Department. The City would agree to apply for funding for improvements to the flood control channel adjacent to the ballpark to create regional park trails. Fiscal Impact The City would agree to be responsible for any expenses beyond the $400,000 grant funding. The City would also agree to be responsible for the construction management for the project and for the maintenance of the park. Recommendation Staff recommends City Council approval of the attached Grant Agreement with the County of Los Angeles for funding to complete the renovation of Shyre Park. the event the County fails to object to the claim for eligible expenses within twenty (20) days from receipt of the request from the City, the claim will be deemed approved and the County will reimburse the City from eligible Grant funds for the claimed amount. 10. The City agrees to maintain satisfactory financial accounts, documents and records the Project, and to make them available to the County's authorized representative for audit purposes at reasonable times. City also agrees to maintain such records for five years following completion of construction of the project. City agrees to maintain, and make available for County inspection and copying, accurate records of its own costs, disbursements, and receipts with respect to its obligations under this Agreement. City further agrees that it will use an accounting system that complies with generally accepted accounting principles. 11. City and County agree that this agreement is not intended and shall not be construed to create the relationship of agent, employee, partnership, joint venture, or association between the City and County. 12. The term of this Agreement is renewable year to year from the date of execution by both parties for 50 years, unless terminated earlier by the County of Los Angeles. 13. The City will participate in the development of the San Gabriel River Master Plan (in conjunction with the Los Angeles County Department of Public Works). The City will apply for funding for improvement of the flood control channel adjacent to the ballpark, to improve as regional park trail. [END OF AGREEMENT. SIGNATURE PAGE TO FOLLOW.] C:1MY DOCUMENTSISTAFF REPORWSITYRE PARK AGREEMI�NT W LA COUNTY.DOC Please sign and return for officiai ftPing. GRANT AGREEMENT FOR LOCAL PARK IMPROVEMENT (SITYRE PARK) WHEREAS, the City of Baldwin Park ( "City ") owns and operates a local park known as Shyre Park ("Park"), adjoining an area of unincorporated County of Los Angeles ( "County ") property; WHEREAS, the City has requested County assistance in the development of specified ballfield improvements at Park; WHEREAS, County is willing to grant to the City of Baldwin Park certain financial assistance for the ballfield improvements upon the conditions and assurances set forth herein; WHEREAS, the County and the City (collectively referred to herein as the "Parties ") are each. authorized to enter into this grant agreement for local park improvement as set forth in Exhibit "A" (the "Improvements "). WHEREAS, the Parties are authorized to enter into this grant agreement pursuant to Government Code Sections 25551 - 25557, relating to the County for City aid on the basis that the Park is being used by large numbers of residents of the County generally which are not residents of the City and which authority the Parties agree to implement as set forth consistent with the applicable Government Code Sections. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The County hereby grants to City, a sum of not to exceed Four Hundred Thousand and 00 /100 dollars ($400,000.00) (the "Grant") for the design and construction of the Improvements at Park, which improvements are more particularly described on Exhibit A (the "Improvements ") and to be located at the Park consistent with the Site Map attached herewith as Exhibit B. 2. In consideration for this Grant, the City agrees that these funds will be used only for construction of the Improvements as described in Exhibit A. 3. City further agrees that the City is fully responsible for the permitting and construction of the Improvements and that the County's only contribution to the project is the funding of the Grant as set forth in this Agreement. City further agrees that the only liability of the County hereunder is the payment of Grant pursuant to the terms of this Agreement. Any additional costs of Improvements, or other obligations and liabilities incurred by the City in connection with the Improvement shall be the sole responsibility of the City. 4. City agrees to defend, indemnify and hold harmless the County, its officers, employees 1 and agents from all liability to any third party alleged to arise out of or in connection with the planning, arranging, implementing, sponsoring, construction, or conducting of the Improvements, or from any other operation, maintenance or activity of the City. The City further agrees that the County shall have no liability for any debts, liabilities, deficits, or costs overruns of the City. 5. City agrees to provide insurance, or to require its contractors to provide insurance, satisfactory to the County's Risk Manager, and to name the County as an additional insured with respect to the Improvements funded in this agreement. 6. City is responsible for each and every other cost of the Improvements, including but not limited to environmental documentation and studies, as and if necessary. City shall comply as lead agency with the California Environmental Quality Act, Public Resources Code Section 2100, et seq. , and with all other applicable federal, state and local laws and regulations. City further agrees that at its sole cost it will staff, maintain, program and operate the facility. 7. City agrees that the facilities funded by this agreement will be equally open to all residents of the County of Los Angeles, and no differential fees or preference in scheduling may be imposed on the basis of city residence. City further agrees that it will not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of resident in the use of any facility developed or acquired with grant funds under this Agreement. 8. City agrees that during the months of March through July in each calendar year, the Bassett Little League will have priority use of the ballfield facility. During the balance of each calendar year, the City shall equitably program the facility, and the County will have the approval authority of the scheduled programming between the residents of the unincorporated area of Los Angeles County and the City of Baldwin Park residents. The County's Director of Parks and Recreation, or his authorized representative, will act for the County in the administration of this aspect of the Agreement after consultation with the First District. 9. City agrees that the funding granted in this Agreement shall be used within one (I) year, and that the City shall report on the disposition of the grant funds as required by Government Code Section 25556 and 25557. The Parties further agree that the City may request reimbursement from Grant funds for those eligible expense which the City has properly documented that it has incurred and paid, but no more frequently than every thirty days. The County may withhold a portion of the amount of reimbursement if, in the opinion of the County officer responsible for administering the funds, a claimed expenditure is not eligible for reimbursement under the terms of the grant agreement. In the event the County fails to object to the claim for eligible expenses within twenty (20) 2 days from receipt of the request from the City, the claim will be deemed approved and the County will reimburse the City from eligible Grant funds for the claimed amount. 10. The City agrees to maintain satisfactory financial accounts, documents and records the Project, and to make them available to the County's authorized representative for audit purposes at reasonable times. City also agrees to maintain such records for five years following completion of construction of the project. City agrees to maintain, and make available for County inspection and copying, accurate records of its own costs, disbursements, and receipts with respect to its obligations under this Agreement. City further agrees that it will use an accounting system that complies with generally accepted accounting principles. 11. City and County agree that this agreement is not intended and shall not be construed to create the relationship of agent, employee, partnership, joint venture, or association between the City and County. 12. The term of this Agreement is from the date of execution by both parties until December 31,2005. 13. The City will participate in the development of the San Gabriel River Master Plan (in conjunction with the Los Angeles County Department of Public Works). The City will apply for funding for improvement of the flood control channel adjacent to the ballpark, to improve as regional park trail. [END OF AGREEMENT. SIGNATURE PAGE TO FOLLOW.] 3 IN WITNESS WHEREOF, City and County have caused this Agreement to be executed by their duly authorized representatives as of the later date written below. Dated: ]'_7-/- Y�_ ATTEST: Deputy City clerkf APPROVED AS TO FORM: Arnold M. Alvarez-'Glasman City Attorney Dated: ATTES'1: CTU R, CLEN�K 0" T-*'� O'i�7 SUPERVISI)IRS ATTEST: CITY OF BALDW PARK By: Man no Title: Mayor R LOS ANGELES '7 13y: C10-91A P1,M1,1NA Title: qHAIR�(OARD OF SUPLRVISORS - TED B0A;,7.'0 O�r S!jP[� T,1V11S0RS COUNITY OF LOS ANGELES APPROVED AS TO FORM: L DEC 1999 1�10 JQANNE STURGES "EQUTIVE OFFICER' Lloyd W. Pellman Count U el By: 4-/-- 1 Deputy County Counsel 4 EXHIBIT A (SITE PLAN TO BE PROVIDED) w t (IMPROVEMENTS - BALLFIELD PROJECT DESCRIPTION) 1. Baseball field. to Little League standards 2. Snack bar 3. Lighting system 4. Parking lot Playground improvements 6. Street improvements 6 R2Ill 2 BALDWIN P - A,R - K INTER- OFFICE MEMORANDUM TO: Ralph Nunez, RecreationfCommt FROM: Rosemary Ramirez, Deputy City DATE: December 20, '1999 Di or SUBJECT: DECEMBER 1, 1999 City Council /Agency Meeting Action The following action was taken by the City Council at their meeting held December 15, 1999. • The Council approved an agreement with the County of Los Angeles for grant funding in an amount of $400,000.00 for use in the completion and renovation of Shyre Park. A copy of the signed agreement is attached for your review and handling. Please let me know if you need any additional information regarding the above. cc: Dayle Keller, Interim Chief Executive Officer P A; R K December 14, 1 yyy Kathryn V. Tizcareno City Clerk Mr. Steven Gutierrez Field Deputy to Supervisor Gloria Molina 9420 Telstar Ave., #128 El Monte, CA 91731 RE: Grant Agreement for Local Park Improvement (Shyre Park) Dear Mr. Gutierrez: At their meeting held December 1, 1999, the City Council approved an agreement between the City of Baldwin Park and the County of Los Angeles for a grant not to exceed Four Hundred Thousand and 001100 dollars ($400,000.00) for the design and construction of the Improvements at Shyre Park. I have enclosed three (3) signed original agreements. Your assistance is requested in obtaining the necessary signatures. Please return two (2) of the original signed agreements to me for official fling, within 5 days from the date of this letter. If you have any questions or need additional information regarding this matter, please contact either Ralph Nunez, Recreation and Community Services Director, or the undersigned. Sincerely I Rosemary Ramirez Deputy City Jerk /rr cc: Dayle Keller, Interim Chief Executive Officer Ralph Nunez, Director CITY OF BALDWIN PARK 14403 EAST PACIFIC AVENUE•BALDWIN PARK,CA,91706 •(626)813- 5213•FAX(626)1?62 -2625 Auditor - Controller MINUTES OF THE BOARD OF SUPERVISORS COUNTY OF LOS ANGELES, STATE OF CALIFORNIA Joanne Sturges, Executive Officer Clerk of the Board of Supervisors 383 Kenneth Hahn Hall of Administration Los Angeles, California 90012 At its meeting held December 14, 1999, the Board took the following action: U Supervisor Molina made the following statement: "The City of Baldwin Park owns and operates a local park known as Shyre Park adjoining an unincorporated area of the County located in my District. The City has formally requested $400,000 from the First Supervisorial District discretionary funds to develop improvements at this park. Currently, the Bassett Little League uses the ball field, but its condition requires approximately $400,000 in improvements to the restroom, concession area, turf, irrigation and bleachers. The City is willing to construct these improvements and program the facilities to be equally open to all residents of the County with no differential fees or preference in scheduling that could be imposed on the basis of city residence. In addition, the City will agree to priority scheduling of the ball field during the months of March through July in each calendar year for the Basset Little League. The City, as lead agency for the project, has agreed to be responsible for all other costs of the project, including preparation of any environmental documentation, and at its sole expense, to staff, maintain, program and operate the facility." (Continued on Page 2) - 1 - Syn.5 (Continued) Therefore, on motion of Supervisor Molina, seconded by Supervisor Knabe, unanimously carried, the Board took the following actions: a, Made a finding that the proposed rehabilitation project for Shyre Park is exempt from the California Environmental Quality Act (CEQA), and requested the City of Baldwin Park to file all documents with the Reg istrar - Record erlCounty Clerk as required by CEQA; b. Made a finding that the improvement of Shyre Park is of general County interest due to the number of residents of the unincorporated area who use the park; c. Approved and instructed the Chair to sign the attached Grant Agreement with the City of Baldwin Park to develop improvements to the restroom, concession area, turf, irrigation and bleachers at Shyre Park; and d. Instructed the Auditor - Controller to dispense a one -time payment of up to $400,904 of First Supervisorial District discretionary funds to the City of Baldwin Park for the improvements per the terms of the agreement. 8121499 -55 Attachment Copies distributed: Each Supervisor Chief Administrative Officer County Counsel Registrar-Recorder/County Clerk Letter sent to: Mayor, City of Baldwin Park !ta COMMUNITY REDEVELOPMENT AGENCY AGENDA COUNCIL CHAMBER DEC _ 1 1999 SEPTEMBER 15, 1999 14403 E. PACIFIC AVENUE WEDNESDAY BALDWIN PARK, CA 91706, 7:00 P.M. TAM �. The COMMUNITY REDEVELOPMENT AGENCY of the City of Baldwin Park met in regular session at the above time and place. ROLL CALL. Present: Member Ricardo Pacheco, Linda Gair, Mayor Pro -Tem William "Bill" Van Cleave, and Chairman Manuel Lozano. Also present: Arnold Alvarez- Glasman, City Attorney; Richard A. LeGarra, Chief of Police; .lames B. Hathaway, Director of Finance; Steve Cervantes, Director of Community Development; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro, City Treasurer; and Kathryn V. Tizcareno, City Clerk. CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows: CERTIFICATE OF POSTING Certificate of Posting for September 15, 1999, was approved. APPROVAL OF MINUTES The minutes of July 21, 1999, were approved as presented. WARRANT REGISTER NO. 491 Warrant Register No. 491 was approved as presented. REQUEST FOR PROPOSALS Staff was authorized to solicit Request for Proposals --- CONSULTANT SERVICES TO UPDATE for consultant services for the agency's implementation AGENCY'S IMPLEMENTATION PLAN plan. CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as presented. MOTION: Member Gair SECOND: Member Pacheco Motion carried. ADJOURN There being no further matters to be discussed, the meeting was adjourned at 8:32 p.m. James B. Hathaway Agency Secretary Approved as presented by the Agency at their meeting held .1999. Rosemary M. Ramirez Deputy City Clerk COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 COMMUNITY REDEVELOPMENT AGENCY AGENDA DEC _ 1 1999 ITEM NO-- a OCTOBER 6, 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 APPROVAL OF MINUTES Present: Member Ricardo Pacheco, Linda Gair, and Chairman Manuel Lozano. Absent: Member William "Bill" Van Cleave Also present: Arnold Alvarez - Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Steve Cervantes, Director of Community Development; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro; and Kathryn Tizcareno, City Clerk. PUBLIC COMMUNICATIONS There were no speakers. CONSENT CALENDAR DEMOLITION BID SPECIFICATIONS FOR THE 24 ACRE PROJECT (PHASE 2) ACQUISITION OF PROPERTY City Clerk Tizcareno presented the consent calendar as follows: Certificate of Posting for October 6, 1999, was approved. The minutes of August 4, 1999, were approved as presented. Warrant Register No. 492 was approved as presented. Agency approved the demolition bid specifications for the 24 acre site (Phase 2) and authorized staff to advertise and solicit bids for the demolition and asbestos testing. Staff was authorized to issue 30 -day notices to move, to the remaining tenants at 3144, 3112 -3116 Big Dalton Avenue and a 45 -day notice to move, to the Patels at the B & B Motel located at 14257 Garvey Avenue. Agency approved the proposed land acquisition of property located at 14426 Merced Avenue (24 acre property) for land bank purposes. Community Redevelopment Agency Minutes — October 6, 1999 Page 2 CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as presented. MOTION: Member Gair SECOND: Member Pacheco Motion carried. REPORTS OF OFFICERS COMMISSIONS AND COMMITTEES PROPOSED WATER VENDING MACHINE LOCATION: PARKING LOT OF TACO READY RESTAURANT, 13621 FRANCIS - QUITO AVENUE; APPLICANT: JOE GARRET, WATERMILL EXPRESS Plans have been submitted by Joe Garrett, representing Watermill Express for a proposed water vending machine on a property which is in the Sierra Vista Redevelopment Project Area. In July 1991, the City Council adopted Design Guidelines for Commercial and Industrial Development within the Sierra Vista Redevelopment Area. It is staff's opinion that the proposed water vending machine's architecture style does not meet the intent of the adopted guidelines, which has a Spanish Mediterranean theme. My Joe Garrett, summarized the plans for the benefit of the Council and that he is willing to draft a plan that will coordinate with the city's existing Design Guidelines. After lengthy discussion, a motion was made to defer this matter to the meeting of October 20, 1999, which will include the amended plan as agreed to by Mr. Garrett. MOTION: Member Gair SECOND: Member Pacheco Motion carried. AGENCY/STAFF REQUESTS AND COMMUNICATIONS ECONOMIC DEVELOPMENT MEETING ADJOURN James B. Hathaway, Agency Secretary Redevelopment Project Manager Forintos announced that the Agency will be a featured exhibitor at the upcoming Economic Development Meeting to be held October 14, 1999 at the Sheraton Hills in Pomona. There being no further matters to be discussed, the meeting was adjourned at 9:45 p.m. Approved as by the Agency at their meeting held 1999. Rosemary M. Ramirez Deputy City Clerk COMM AGY NIGTY REDEVELOPMENT ENC AGENDA COUNCIL CHAMBER DEC - 11999 OCTOBER 0, 1999 14403 E, PACIFIC AVENUE WEDNESDAY BALDWIN PARK, CA 91706 ITEM NO, 0P 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, Mayor Pro -Tea William "Bill" Van Cleave, and Mayor Manuel Lozano, Also Present: Arnold Alvarez-Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro., City Treasurer; and Rosemary Ramirez, Deputy City Clerk. CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows, CERTIFICATE OF POSTING The Certificate of Posting for October 20, 1999 was approved. APPROVAL OF MINUTES The minutes of August 18, 1999, were approved, WARRANT REGISTER NO, 493 Warrant Register No. 493 was approved. REQUEST FOR A CONTINUANCE — The request for a continuance for the water vending WATER VENDING EQUIPMENT equipment matter location: Taco Ready Restaurant, 14621 Francisquito Avenue; Applicant: Joe Garrett, representing Watermill Express will be continued December 1, 1999. CONSENT CALENDAR APPROVAL A motion was made to approve the Consent Calendar as presented. MOTION: Member Gair SECOND: Mayor Pro-Tem Van Cleave Motion carried. ADJOURN There being no further matters to be discussed, the meeting was adjourned at 8:56 p.m. COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 NOVEMBER 3, 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. Present: Member Ricardo Pacheco, Linda Gair, Mayor Pro -Tem William "Bill" Van Cleave, and Chairman Manuel Lozano. Also present: Arnold Alvarez- Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; Ralph Nunez, Director of Recreation and Community Services; Ana Montenegro, City Treasurer; and Rosemary M. Ramirez, Deputy City Clerk. CONSENT CALENDAR City Clerk Tizcareno presented the consent calendar as follows: CERTIFICATE OF POSTING Certificate of Posting for November 3, 1999, was approved. APPROVAL OF MINUTES The minutes of September 1, 1999, were approved as presented. WARRANT REGISTER NO. 494 Warrant Register No. 494 was approved as presented. AWARD PHASE 2 OF DEMOLITION Agency awarded the contract to Environmental IN THE 24 -ACRE PROJECT - Control Systems an amount of $106,200.00 for the BID SPEC 99 -1 phase 2 demolition of vacant dwellings and occupied units with relocation pending in the 24 -acre site. Executive Director was authorized to execute the necessary documents. AWARD OF THE HOUSING Agency awarded the Housing Implementation Plan IMPLEMENTATION PLAN UPDATE Update project to GRC Associates Inc., in the amount PROPOSAL of $12,500.00 for the service of providing the plan update. CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as presented. MOTION: Member Pacheco SECOND: Member Gair Motion carried. ADJOURN There being no further matters to be discussed, the meeting was adjourned at 8:31 p.m. Community Redevelopment Agency Minutes — November 3, 1999 Page 2 Approved as by the Agency at their meeting held . 1999. Rosemary M. Ramirez Deputy City Clerk James B. Hathaway, Agency Secretary COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 NOVEMBER 17, 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. Present: Member Ricardo Pacheco, Linda Gair, Mayor Pro -Tern William "Bill' Van Cleave, and Chairman Manuel Lozano. Also present: Arnold Alvarez- Glasman, City Attorney; Dayle Keller, Interim Chief Executive Officer; Richard A. LeGarra, Chief of Police; James B. Hathaway, Director of Finance; 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 November 17, 1999, was approved. WARRANT REGISTER NO. 495 Warrant Register No. 495 was approved as presented. LAND ACQUISITION Council approved the proposed land acquisition at 14425 Garvey Avenue 14425 Garvey Avenue for land bank purposes. CONSENT CALENDAR APPROVED A motion was made to approve the Consent Calendar as presented. MOTION: Member Gair SECOND: Member Van Cleave Motion carried. PUBLIC HEARINGS JOINT PUBLIC HEARING ON THE At this time, the Chairman opened the City Council DISPOSITION AND DEVELOPMENT meeting for the purpose of conducting the Joint AGREEMENT AND GROUND LEASE Public Hearing with the Community Redevelopment FOR A PROPOSED SENIOR PROJECT Agency WITH BALDWIN PARK SENIOR APARTMENTS, LP., A LIMITED Mayor Lozano declared the Public Hearing open PARTNERSHIP THAAT INCLUDES for public participation. KAUFMAN AND BROAD MULTI HOUSING GROUP, INC (DEVELOPER) Ms. Laurie Kern, property owner, stated that she is not opposed to providing senior housing, however is opposed to having the parking taken away from their business. Ms. Kern suggested approving a plan that Community Redevelopment Agency Minutes -- November 17, 1999 Page 2 reduces the size of the units from a two- bedroom to a one - bedroom and eliminating the recreation room. A motion was made to continue this meeting to December 1, 1999. MOTION: Mayor Pro Tern Van Cleave SECOND: Councilman Pacheco Motion Carried. REPORTS OF OFFICERS, COMMISSIONS AND COMMITTEES PROFESSIONAL SERVICES AGREEMENT RODD GUNN & ASSOCIATES f R • A motion was made to authorize the Executive Director of the Redevelopment Agency to enter into a professional services agreement with Rodd Gunn & Associates in an amount of $7,500 for the development of an Agency Financial Plan. MOTION: Member Gair SECOND: Member Van Cleave Motion carried. There being no further matters to be discussed, the meeting was adjourned at 8:31 p.m. Approved as presented by the Agency at their meeting held , 1999. Rosemary M. Ramirez Deputy City Clerk COMMUNITY REDEVELOPMENT AGENCY AGENDA DEC - 1 3999 ITEM N0. A!:_& REDEVELOPMENT AGENCY CITY OF BALDWIN PARK December 1, 1999 WARRANT REGISTER NO. 496 Nov 22, 1999 03:32pm Page 1 Check Fistory. Bank RA Check Dates 00 /00 /o0 to 99/99/99 Check #`s 010740 to 010761 ------------------- ------ ----------------------------------------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 139 BbDGBT BOARb -UPS RA 010741 11/10/99 550.00 Claim# General Description 27559 BOARD -UP 3240 BIG DALTON PO4 Stat Contract# Invoj.ce# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 300 ;.1/02/99 550,00 0.00 550.00 GL Distribution Gross Amount Oescription 5,000.00 S GARCIA /V CISNEROS 206 -37A- 521011 550.00 3240 BIG DALTON Bank Check# Chk Date Check Amount Sep Vend# Vendor Name RA 010743 hank Check# Chk Date Check Amount Sep 4676 CB'NTUPY 21 - GVORGE MICHA£I, REALTY RA 010742 11/10/99 5,004.DO Claim# General Description 27560 FIRST TIME HOME BUYERS BLANCA GARCIA & VICTORIA CISNEROS 3904 BRESEE AV * *ESCROW #001 - 3266 -BG ** PO# Stat Contract# Invoice #, Invc Dt Gross Amount Discount Amt Disceunt Used Net Amount 0 11/02/99 5,000.00 0.04 5,000.00 GL Distribution Gross Amount Description 281- OOA -5136A 5,000.00 S GARCIA /V CISNEROS --------------------------_-----------..------------------------------------------------------------------------------------------_- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 1514 DETENTE ESCROW CORP RA 010743 11/10/99 2,625.60 Claim# General Description 27561 FIRST TIME HOME BUYERS CELIA RUIZ -1760 PUENTE AV * *ESCROW #30630 -10 ** PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11/02/99 2,625.00 0.00 2,625.06 GL Distribution Gross Amount Description 281- OOA -5136A 2,625.00 CELIA RUIZ ------------------------------------------------------------------------------------------------------------------------------------ Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 2015 INTERSTATE FIELD SERVICE$, Z?7'C- RA 010744 11/10/99 2,627.50 Claim# General Description 27562 BOARD UP 3144, 3234 & 3250 BIG DALTON PC## Stat Contract# Invoice# 990904 99090& 990903 GL Distribution 281- 00A- 5020A. Invc Dt Gross Amount 09/15/99 590.50 09/15/99 651.00 09/15/99 1,386.00 Gross Amount Description 2,62? _ So BTG Disccuut Amt Discount Used 0.60 0.00 0.00 Net Amount 530.50 651.00 1,386.00 Warrant Register No. 496 Page 2 Nov 22, 1999 03132pm Page 2 Check History. Bank RA Check Dates 00/00/60 to 99/99/99 Check #'s 010740 to 010761 vend# Vendor Name Bank Check## Chk Date Check Amount Sep 3323 J.C.'S PLUMBING AND BACKFLOW RA 010745 11/10/99 352.00 Claim# General Description 27553 RECONNECT BROKEN GAS LINE -3214 BTG PALSON' PO# Stat Contract# Invoice# ITIVC Dt Gross Amount Discount Amt Discount Used Net Amount 2001 10/19/99 352.00 0.06 352.00 GL Distribution Gross Amount Description GL Distribution Gross Amount 281- 00A -5020A 352.00 3210 BIG DALTON 261- OCA -SO20A °------------------..----------------------____--_------------°_---'-------------__-----------------_-_----------`--- Vend# Vendor Name D & D GOLF CARS Bank Check# Chk Bate Check Amount Sep 4677 ORi7UNC & IBARRA RELOCATION SERE RA 01074E 11/10/99 170.00 Claim# General Description 27564 RELOCATION SRV" AUTONATION REDEV PRJ D & D GOLF, INC. BUSINESS RELOCATION PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 1 10/07/99 170.00 0.00 170.00 GL Distribution Gross Amount Description 261- OCA -SO20A °------------------..----------------------____--_------------°_---'-------------__-----------------_-_----------`--- 170.00 D & D GOLF CARS vend# Vendor Name Bank Check# Chk Date Check Amount Sep 826 VALLEY COUNTY WATER RA 010747 11/10/99 90,08 Claim# General Description 27565 WATER USE -REDHV AGSNCY ACCT427241 -6 & 23143 -2 PO# Stat Contract.# invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 10/28/99 90.08 0.00 90.08 GL Distribution Gross Amount Description 281- OOA -5020A 90.08 27241/23143 ------------`------------------- Vend# Vendor Name Bank Check" Chk Date Check Amount Sep 4313 ACO SANITATION RA 010749* 11126199 32.52 Claim# General Description 27665 GATE' /CHAIN LINK FENCE RENTAL PO# Stat Contract## Invoice# 104990 104969 104988 GL Distribution 206- 37A- -5020A Invc Dt Gross Amount 11/03/99 10.83 12/03/99 10.86 11/03/99 10.83 Gross Amount Description 32.52 FENCE RENTALS Discount Amt Discount Used 0.00 0.00 0.00 Net Amount 10.83 10.86 10.83 Warrant Register No. 496 Page 3 Nov 22, 1999 03:32pm Page 3 Check History. Bank RA Check Dates 00 /0D /O0 to 99/99/99 Check #'s 010740 to 010761 ---_-- -------------------------------------------`---------------"- -- ------------------------------° --- ------- --------- ----- ----- -- Vend# Vendor Name Bank Check## Chk Date Check Amount Sep 97 AI,BER`S INC. RA 010750 11/18/99 210.00 Claim# General Description 27667 HEATING REPAIR SRV 3150 BALDWIN PARK BLVD PO# Scat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 48613 11/03/99 154.09 0.00 150.00 48610 11/D1/99 60.00 0100 60.00 GL DisCrzbution Gross Amount Description 281- OOA -5020A _------------------------'-°_-°_-_---------_---°__--'-------------------_-----------_--'---__-'-'---------------------------------'------- 281- 00A -5020A 210.00 3150 BP BSS Vend# Vendor Name --- --------------- - Bank Check## Chk Date Check Amount Sep 3256 ALVAREZ- GLASMANN & CoLvIN 3256 ALVAREZ- GLASMAN & COLVIN RA 010751 11/18/99 3E-0(i Claim# General Description 27670 HOUSING MATTERS -SEPT PO4 Stat Contract## Invoice;# lnvc Dt Gross Amount Discount Amt Discount Used Net Amount 0 12/17/99 36.00 0.00 36.00 GL Distribution Gross Amount Description 1,573.51 SEPT SRV 281- OOA -5020A _------------------------'-°_-°_-_---------_---°__--'-------------------_-----------_--'---__-'-'---------------------------------'------- 36.00 HOUSING MA',ITFRS Vend# Vendor Name --- --------------- ------- - ----- -------`--------------°--------- Bank Check{# Bank Check# Chk Date Check Amount Sep 3256 ALVAREZ- GLASMAN & COLVIN RA 010753 11/18/99 1,150.00 RA 010752 11/18/99 4,259.51 X 21aimi# General Description ~ 27671 REDEVELOPMENT LAW COMPUTATION OF AMT DUE FOR SEPT 1999 PO#{ Stat Contract## Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 10001 12/04/99 4,259.51 0.00 4,259.51 GL Distribution Gross Amount Description 206- 37A- -5020A 1,573.51 SEPT SRV 281- 40A -5020A ----------------------------------'------------_-_°_-_-------------- 2,686.44 SEPT SRV Vend# Vendor Name --- --------------- ------- - ----- -------`--------------°--------- Bank Check{# Chk Date Check Amount Sep 4675 ANTONIO VARGAS & MARIA ESTELA CHAVEZ RA 010753 11/18/99 1,150.00 =]aim# General Description 27668 FINAL PMT FIXED MOVING COST NTEW -3108 VINELAND #218 PO# Stat Contract#? Invoice# Invc Dt Gross Amount, Discount Amt Discount Used Net Amount 4 11/1.0/99 1,150.00 0.00 1,150.00 GL Distribution Gross Amount Descripz�ion 28i- 0DA -S136A 1,150.00 FINAL PMT Warrant Register No. 496 Page 4 ---------------------------------------------------------------------- ------------------------------------------------------------- Vend# Vendor Name Bank Check# Chic Date Check Amount Sep 4675 ANTONIO VARGAS & MARIA ESTELA CRkVBZ RA 010754 11/18/99 10,906.00 Y laim# General Description 27ee9 FINAL PMT RELOCATION BENEFITS OLD -3112 BIC DALTON ##C NEW -3108 VINELAND #218 PO# Stat Contract# Invoice# Invc D* Gress Amount Discount Amt Discount Used Net Amount 0 11/10/99 10,906.00 0.00 10,906.00 GL Distribution Gross Amount Description 1,960.00 OCT -SRV 261- OOA- 5136A, 10,906.00 PINAL RELOCATION PMT Bank Check## Chk Date Check Amount Sep -----------------------------------......__-------------------°___--_.._._°_-_-____-__-------------------------------------------------- Vend#} Vendor Name - - ---- --------.------------------_---------'___°_____---_--___-------------------------------------'--'-'--_----------__----`- Vendor Name RA 010757 Bank Check# Chk Date Check ,Amount Sep 3557 LEA ASSOCIATES RUBEN AND BERTHA QUINTANAR RA 010755 7.1/7.8/95 240.00 'aim# General Description 27673 SIERRA VISTA REDBV PR3 AREA 44 PARCEL ACQUISITION UPDATE QUEEN'S LODGE ANALYSIS OCT 1 -31, 1999 PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 99237 11/03/99 240.00 0.00 240.00 GL Distribution. Gross Amount Description 1,960.00 OCT -SRV 206- 37A -5020A 240.00 S /i+ REDV PRj Bank Check## Chk Date Check Amount Sep Vend# Vendor Name - - ---- --------.------------------_---------'___°_____---_--___-------------------------------------'--'-'--_----------__----`- Vendor Name RA 010757 Bank Check# Chic Date Check Amount Sep 4677 ORDUNQ & IBARRA RBLOCATION SERV RUBEN AND BERTHA QUINTANAR RA 010756 11/18/99 1,960.00 laim# General. Description 27672 PROFESSIONAL RELOCATION SRV -OCT 1999 PO# Stat Contract# invoice# Invc Dt Gross Amount Discount Amt Discount Used het Amount 2 11/09/93 1,960.00 0.00 1,960.00 GL Distribution Gross Amount Description GL Distribution 206 - 37A -5020A 1,960.00 OCT -SRV ----------------------°_------------------------------------------------------------------------------------------------------------ Vend# Vendor Name 700.00 ADV SEC DEP Bank Check## Chk Date Check Amount Sep 4685 RAYMOND & OLIVIA COTA - - ---- --------.------------------_---------'___°_____---_--___-------------------------------------'--'-'--_----------__----`- Vendor Name RA 010757 11/18/99 700.00 laim# General Description 27674 ADVANCE SECURITY DEPOSIT AUTONATION RELOCATEES PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 0 11109199 700.00 0.00 700.00 GL Distribution Gross Amount Description 261- DOA -5020A 700.00 ADV SEC DEP -- _- __---- vend# - - ---- --------.------------------_---------'___°_____---_--___-------------------------------------'--'-'--_----------__----`- Vendor Name Bank Check# Chk Date Check Amount Sep 4292 RUBEN AND BERTHA QUINTANAR RA 020758 11/18/99 26,050.00 laim# General Description 27675 REP�CBMBNT DOUSING BENEFITS 14436 EAST GARVEY AV 24 ACRE; PRJ PO# Stat Contract# Invoice# Invc Tat Gross Amount Discount Amt Discount Used Net Amount 0 1.1/09/99 26,050.00 0.00 26,050.00 GL Distribution Gross Amount Description 261-00A -5020A 26,050.00 REPLACEMENT HOUSING CS.AP Accounts Payable Release 5.'7.4 N *APR70O Sy SANDRA A (SANDRA) Warrant Register No. 496 Page 5 --------------------------------------------------- - - - - -- --------------------------------------------------------------.------------- Vend# Vendor Name Hank Checks# Chk Date Check Amount Sep 1759 SAN GABRIEL VALLEY WATER RA 010759 11/18/99 355.35 Claim# General Description 27676 WATE USE- A.UTONATiON AREA ACCT #7. -3- 066 - 631: -0 -2 1 -3- 066 - 6118 -0 -4 1 -3- 066 - 6104 -C -4 1 -3- 066 - 6122 -1 -5 P041 Stat Contract## Invoice# 0 GL Distribution 281- 00A- 5020.fi. Invc Dt Gross Amount 11/01/99 354.85 Gross Amount Description 354.85 REDV AREA Discount Amt Discount used Yet Amount 0.00 354.85 --------------------------..-_-'-'___-__-_--_----___-_-----'------------_____--....-_---___--°__-------`-`-- - ------- - --- ---- ---- ----- ...- -- - Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 790 .SO. CALIF, GAS CO, RA 0107613 11%18/99 115.42 "]_aim# General Description 27566 GAS USE - AUTOMATION AREA . ACCT #128- 117 - 7884 -9 134 - 41,7 - 7852 --2 PC# Stat Contract:# Imroice## 0 GL Distribution 281- OOA -5020A Invc Dt Gross Amount 10 /15/91 116.42 Gross Amount Description 116.42 REDV ARFA Discount Amt Discount Used Net Amount 0100 116.42 --------------- .._-----_--_---_------.'--------------------_..-------------------------------------------------------------------------- Vend# Vendor Name Bank Check# Chk Date Check Amount Sep 4686 VIKING EQUIPMENT CORP. RA 01.0761 11/18/99 39,015.00 Claim# General Description 27677 A88ESTOS, ABATEMENT k DEMOLITION 3102, 3204, 3216, 3225, 3246, & 3250 -BIG DALTON 7.5265 & 14277- CARVEY 14458- MERCED PO# Stat Contract# Invoice# Invc Dt Gross Amount Discount Amt Discount Used Net Amount 461B 11/17/99 39,015.00 0.00 39,015.00 GL Distribution Gross Amount Description 206-- 37A- -5020A 39,015.00 ASBESTOS ABATEMENT Paid Checks: Check Count 20 Check Total 96,444.88 PO Liquidation Total 0.00 Hackup Withholding Total 0.00 Void Checks: Check Count D Check. Total 0,Ofl PO Liquidation Total 9.00 B.3ck.up Withholding Tota-" 0.00 E ,O BALDWIN P�A,R,K CITY OF BALDWIN PARK COMMUNITY REDEVELOPMENT AGENCY AGENDA DEC - 1 1999 ITEM NO, ln�CO STAFF REPORT TO: Board of Directors, Baldwin Park Redevelopment Agency FROM: Dayle Keller, Acting Executive Director DATE: December 1, 1999 SUBJECT: Approve the Robert Lea and Associates Proposal to appraise property in the 24 acres project. PURPOSE The purpose of this report to request approval for appraisal services with Robert Lea and Associates to appraise property in the 24 acres project. Lea and Associates is the original appraiser for the site and has extensive background and familiarity with the site. BACKGROUND The Agency has acquired approximately 24137 property ownerships in the 24 acre project. The remaining 13 properties will need to be acquired in the future. The appraisals were prepared in December 1997 and were again updated in late 1998. Assuming the project moves forward next year, then we will need new updated individual appraisals reports for each ownership. DISCUSSION As indicated in the attached Lea proposal, the consultant has itemized the cost for each appraisal for a total of $40,000. The consultant will prepare individual reports for each property similar to the original assignment back. in December 1997. Given the consultants workload, the individual reports will be completed in about eight weeks from our Notice to Proceed. Thus, the reports would be ready in early February 2000 if the request is approved. It should be noted any special appraisals for Fixture and Equipment (FE) appraisals are not a part of this proposal. Approximately, four commercial properties will need an FE appraisal in the future. FISCAL IMPACT Funds are available in the general Sierra Vista Redevelopment Project field. RECOMMENDATIONS Authorize the Executive Director to execute the Lea Associates proposal for $40,000 for appraisal services. Rick Forintos Redevelopment Projects Manager wp /c /autoapps Attachments: Lea Proposal T® A�(iliarecf Ccvisuir�.ant: � ea 1 ssociate� ]. I earse Cashman, MAI, SRA Real Estate Consultants Mr. Rick Forintos Redevelopment Project Manager Baldwin Park Redevelopment Agency 14403 East Pacific Avenue Baldwin Park, California 91706 Dear Mr. Forintos: SENT VIA FACSIMILE (626) 337 -2965 November 8, 1999 Rnbert M. Lea, MAI Jeffrey T. Nagasaki, MAI Gerati] L. Chuman, MAI Brian P. Beaty J'ai -s A. Moro John J. Gobbd], Jr. Pad S<'cragli Luca MINOCUIII Re: Proposal to Provide Condemnation Appraisal Services Former AutoNations site In accordance with your request, this writing represents our proposal to provide real property analysis services concerning the above - referenced property. The subject consists of properties we have appraised originally in December 1997 and updated in November 1998. Further, that appraisal services are required to provide a current estimate of fair market value for condemnation purposes for the various subject properties. We propose to complete the individual self-contained appraisal reports for each specific property separate from the other properties. This would permit ease of reference for future condemnation, negotiation or other purposes. Work will involve re- inspection of the subject properties, re- contact with the property owners, obtaining relevant information from the property owners related to income and expense information and other necessary documentation, and any other relevant information to be provided by the property owner or their counsel. The report format will be a self- contained appraisal report. We hereby propose to provide Self-Contained Appraisal reports, in three (3) copies. The report format will comply with the reporting requirements set forth under Standards 2 -2(a) of the Uniform Standards of Professional Appraisal Practice (USPAP). The Self-Contained Report will describe, in a relevant comprehensive level of detail, a presentation of all information. This report is for the sole and exclusive use of Baldwin Park Redevelopment Agency, its attorneys, and/or its assigns. Prior to releasing our report or its findings to any other party, we request that you obtain our written authorization. E_.ea i'�ssiuia t <�5, f nr, E�c;il f:,s7air Ccnisulir;��tr; X77- 4;595 IN Mr. Rick Forintos November 8, 1999 Page Two Our fee for the assignment as described above is proposed at a fee presently estimated to $40,000. We can complete additional work as needed for special studies and supplemental work as needed and directed by you. Work will be billed on a time - expended basis. We can begin work immediately. Delivery of our reports would be proposed between six to eight weeks of notice to proceed. The range of delivery dates would be dependent upon information provided by the various property owners, ability to inspect the various properties, and completion of the report volume. The report could be delivered on an "as completed" basis. I have provided a budgetary summary property cost basis for each as follows: Owner $3,000.00 Wild 2,500.00 Chen 3,500.00 Forbush 3,500.00 Saltzman 2,500.00 SGVWC 3,500.00 Ellis 4,000.00 Kuo 2,500.00 Leu 3,500.00 Blackwelder 2,500.00 Erhardt 5,000.00 Hsu 2,000.00 Chin 2,000.00 Flores (Former Cortez) $40,000.00 n- During the course of our work for you, or subsequent to the delivery of our reports, you may desire additional services for negotiation efforts, valuation updates, hearing or trial preparation or appearance, or other needs. If so, such services will be provided and will be billed additionally, at the rate of $275 per hour for services provided by Jeffrey T. Nagasaki, MAI. Such services completed by other professional staff members will be billed in accordance with our standard billing rates in effect at that time. A minimum of one -half day will be billed for any required appearance at trial, deposition, or other judicial proceeding. Mr. Rick Forintos November 8, 1999 Page Three Costs incurred for necessary overnight travel, messenger delivery services, and exhibits requested by counsel will be passed through in addition to the fees cited above. It should be understood that these quoted rates are valid for a time period not to exceed 60 days from this writing and subsequent to that date are subject to revision in accordance with our standard fee schedule for such work in effect at that tinge. The delivery schedule set forth is effective as of the date of this letter. However, if there are significant changes in our work schedule prior to our receipt of notice to proceed with this assignment, the delivery schedule may require modification. If this is the case, we will notify you immediately upon receipt of this executed agreement and required retainer. Work to be undertaken under this agreement will be prepared in conformity with and subject to the requirements of the Code of Professional Ethics and the Standards of Professional Practice of the Appraisal Institute, as well as the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation. It is understood that the fees quoted herein are for the provision of professional services and are not, in any way, contingent upon either the valuation reported or upon the outcome of any pending matter for which valuation is required. In the event of any controversy, claim or dispute between us arising out of or related to this agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, including all investigation, collection, attorneys', and arbitrators' fees and expenses. If this proposal meets with your approval, the return of one executed copy of this letter will represent our authority to complete the assignment. The balance of any remaining unpaid fees is due upon delivery of report documents. A late fee of 11/2 % per month will be charged on any balances outstanding over 30 days. Items to be provided by the client and upon which the above fee and timing are contingent include: Any information relevant to the acquisition of the various subject properties which were not included in this condemnation appraisals for specific terms and conditions of those transactions. While we might not necessarily rely upon this information in forming our value opinion, it would be relevant to be provided these details. Mr. Rick Forintos November 8, 1999 Page Four A title report or policy concerning the subject parcel; Any correspondence or information provided by the property owners with respect to early negotiations for acquisition. Thank you for the opportunity to provide this proposal. If any questions remain concerning this proposal or the subject matter thereof, please call and we will respond promptly. We look forward to undertaking this interesting assignment on your behalf. Respectfully submitted, LEA ASSOCIATES, INC. J f . Nagasaki, MAI Agreed and approved: (Signature) (Date) (Printed name) a 7TN:bl Enclosures COMMUNITY REDEVELOPMENT 0 AGENCY AGENDA Oo CITY OF BALDWIN PARK STAFF REP Mr 1 1999 BAZ DW I N ., TO: Honorable Mayor and City Council /Agency Board of 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. It ' 3• 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 downtown /civic center area, promote pedestrian linkages to the adjacent Ramona retail, areas, the post office, community center and other related uses. Simultaneously, the City wants to increase parking areas and upgrade the back facades of the adjacent businesses that front on Ramona Boulevard. A Facade Program for perhaps 2 -3 buildings will be considered in the upcoming Agency budget. REDEVELOPMENT HOUSING The Agency has a need to replace housing demolished in the various redevelopment areas. Based on our Affordable Housing Plan submitted to City Council last February, we have a need to replace 314 bedrooms, which include demolitions from the 24 -acre project. The proposed 50 to 56 units will have a total of 68 bedrooms, all of which will count in our Housing Replacement Needs. The 50 to '56 units will rent to low income seniors on fixed incomes between 50% to 80% of median income. Assuming a 56 -unit project, these will be 44, 1 bedroom units and 12, 2 bedroom. DISCUSSION Existing and Proposed Parkin The Agency owns the Sterling Avenue parcels. The City of Baldwin Park owns the adjacent parking lot. Exhibit B, shows all existing parking on the site and adjacent Ramona retail uses. Table 1, below is an analysis of existing and proposed parking. Customers and employees of the existing stores within this rear block of Ramona Blvd. have established an informal pattern of parking at the backs of many of the stores. Most of these parking spaces are . unpaved and difficult to access. The majority of the lots within this block are landleeked 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 rgar building walls of Ramona Blvd. shops to replace the existing informal (dirt and gravel) parking stalls. By Zoning Code, all properties are required to provide private on -site parking stalls based on the size and use of the respective buildings. The 14300 block of Ramona Blvd. is unique, in that the majority of parking spaces for the entire block is provided by the City owned parking lots at no cost to the property owners, The existing businesses are supplying only% 17% of the parking that would normally be provided by comparable commercial properties. When the City owned parking stalls are counted, the percentage of parking stalls required by Code is increased to 60 %. The proposed project will result in a net increase of approximately L5 parking stalls within the rear entire block of Ramona Blvd., and increase the percentage of Code required parking to 64 %. A breakdown of existing and proposed parking is shown in the following table: 2 Location of Parking Stalls within 14300 Block Existing Proposed # 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 %k Off -Site 8 NIA 8 NIA Total 1641 NIA 1 179 NIA The subtotal % of Code counts City owned parking toward meeting the Code requirements for parking. (Source., City Planning Dept.) Plannin❑ Commission Anorovais /Environmental On June 16, 1999 The Planning Commission approved specific plan 99--2 including zoning, parking, environmental review and design review. The developer is required to come back and obtain a Development Permit from the Planning Commission next year that includes completed plans. Exhibit C is the site plan with proposed Developer buildings and parking. For customer convenience public parking is located around the project and behind the existing Ramona stores. Approximately 15 net new public parking spaces will be available after the project is completed. School District Parcel The subject parcel is located on the edge of the site. The property is apprroximately 1960 sq. ft. in size and is a left over remnant parcel when the street was improved ;in the 1940's. However, the Developer will revise the site plan, if necessary, to work around this parcel. The Developers Kaufman and Broad are one of the largest residential developers in the country. While their primary concentration is on single family development, they are also focusing on low- income multi - housing development opportunities that take advantage of state and federal tax credit financing. In.order to take advantage of the tax credit provision you must have a not for profit company. The developers are asking for the City /Agency to provide a long -term "Ground lease" of the land for the development. The developers are also proposing to submit a proposal to the Los Angeles Community Development Commission for the City of Industry's housing funds to provide additional gap financing and also submit for federal and state tax credits. Disposition and Development AgreementlGround Lease /in Lieu Payment 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 i . 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-lleu 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 resolution #99 -94, A resolution of the City ( "City ") of Baldwin Park approving the Disposition and Development Agreement {"DDA ") with Ground Lease with Baldwin Park Senior Apartments L.P., A Limited Partnership that includes Kaufman and Broad MultiHousing Group, Inc. ( "Developer ") pertaining to the Disposition and Development of Real Property located in the Central Business District Redevelopment Project Area and making Findings therefore as required by Health and Safety Code Section 33433, Exhibits A Site Area Map B Existing Parking C Proposed Site Plan and all new parking D Summary Report ( "33433 ") E DDA, Lease and In -Lieu Agreement Report Prepared By: Rick Forintos, Redevelopment Project Manager ll RESOLUTION NO. 347 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND KAUFMAN & BROAD MULTI - HOUSING GROUP, INC., PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND MAKING FINDINGS THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433 WHEREAS, the Redevelopment Agency of the City of Baldwin Park (the "Agency ") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ( "CRL "); and WHEREAS, by previous action of the Agency, and by the City Council of the City of Baldwin Park (the "City Council" or "City," as appropriate), the Implementation and Housing Replacement Plan (the "Replacement Plan ") for the Redevelopment Project Areas (the "Project Area ") was established; and WHEREAS, the Agency has established a Low and Moderate Income Housing Fund pursuant to Health and Safety Code Section 33334.2, et seq., for the purpose of the acquisition and rehabilitation of structures and providing subsidies to, or for the benefit of, persons and families of low or moderate income and very low income households, to assist them to obtain housing within the community at an affordable housing cost; and WHEREAS, in furtherance of the objectives of the Community Redevelopment Law of the State of California, Health and Safety Code Section 33000, et seq. (The "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 Multi- Housing Group, Inc., in substantially the form as attached hereto, concerning the real property generally located on the northwest corner of Sterling Way and Pacific Avenue in the City (the "Property "); and WHEREAS, a notice of a public hearing of the Agency and the City Council concerning the proposed Agreement has been given in accordance with applicable law; and WHEREAS, a copy of the proposed Agreement and a summary report has been provided for public review in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED by the Baldwin Park Redevelopment Agency as follows: - RESOLUTION NO. 347 PAGE 2 SECTION 1. The Agreement will assist in the elimination of physical and economic blight consistent with the requirements of the CRL. SECTION 2. The Agreement is consistent with the Agency's adopted AB1290/SB732 Implementation Plan. SECTION 3. The consideration if not less than the fair market value at the highest and best use under the Redevelopment Plan and with the covenants and conditions and development costs authorized by the Agreement. Under the Agreement, the Property will be leased at current fair market value with the provision of an Agency Loan. SECTION 4. The Agreement calls for the expenditure of Agency Housing Fund monies within Redevelopment Project Area which is consistent with Redevelopment Law and the Agency Board further finds that this Agreement and the loan of Agency Housing Fund monies will benefit the all six Redevelopment Project Areas for the following reasons: - a) The housing units to be provided by the Agreement will replace low - and- moderate income housing units that were or will be demolished or destroyed during the course of Agency projects in the Project Areas; b) The Agreement will provide "replacement housing" pursuant to California Health and Safety 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 and effect the Agreement on behalf of the Agency. Agency Eitaff is also authorized and directed to take such actions and execute such documents as may be necessary to implement and effect the Agreement. APPROVED AND ADOPTED this 1st day of December 1999. MANUEL LOZANO, CHAIRMAN ATTEST: James Hathaway, Agency Secretary RESOLUTION NO. 347 PAGE 3 STATE OF CALIFORNIA } COUNTY OF LOS ANGELES )ss. CITY OF BALDWIN PARK ) 1, James Hathaway, Secretary of the Baldwin Park Redevelopment Agency, do hereby certify that the foregoing Resolution NO. r 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, I have hereunto set my hand and affixed the official seal of said Agency on this 1 st day of December 1999. James Hathaway, Secretary Baldwin Park Redevelopment Agency [MtaC � WE ATTACHEMTS ITEM, t mwm CITY COUNCIL ITEM 2 -D RESOLUTION NO. 347 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT OF AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF BALDWIN PARK AND KAUFMAN & BROAD MULTI - HOUSING GROUP, INC., PERTAINING TO THE DISPOSITION AND DEVELOPMENT OF THE REAL PROPERTY LOCATED WITHIN THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND MAKING FINDINGS THEREFORE AS REQUIRED BY HEALTH AND SAFETY CODE CALIFORNIA REDEVELOPMENT LAW SECTION 33433 WHEREAS, the Redevelopment Agency of the City of Baldwin Park (the "Agency") is a public body, corporate and politic, organized and existing under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ( "CRL "); and WHEREAS, by previous action of the Agency, and by the City Council of the City of Baldwin Park (the "City Council" or "City," as appropriate), the implementation and Housing Replacement Plan (the "Replacement Plan ") for the Redevelopment Project Areas (the "Project Area ") was established; and WHEREAS, the Agency has established a Low and Moderate Income Housing Fund pursuant to Health and Safety Code Section 33334.2, et seq., for the purpose of the acquisition and rehabilitation-of structures and providing subsidies to, or for the benefit of, persons and families of low or moderate income and very low income households, to assist them to obtain housing within the community at an affordable Dousing 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 Agenc;y proposes to eater into a Disposition .and Development Agreement (the "Agreement ") with Kaufman & Broad Multi - Housing Group, Inc., in substantially the form as attached hereto, concerning the real property generally located on the northwest comer of Sterling Way and Pacific Avenue in the City (the "Property"); and WHEREAS, a notice of a public hearing of the Agency and the City Council concerning the proposed Agreement has been given in accordance with applicable law; and WHEREAS, a copy of the proposed Agreement and a summary report has been provided for public review in accordance with applicable law. NOW, THEREFORE, BE IT RESOLVED by the Baldwin Park Redevelopment Agency as follows: ATTACHEMTS ITEM, t Y�1 X11% ill. rkr COMMUNITY REDEVELOPMENT 1lri AGENCY AGENDA �� CITY OF BALDWIN PARK STAFF REf Rel 1 1999 BALDWIN ITEM NO. A, TO: Redevelopment Agency Board FROM: Dayle Keller, Interim CEO DATE: December 1, 1999 SUBJECT: Request for Continuance by the Redevelopment Agency for a proposed water vending machine located in the parking lot of Taco Ready Restaurant; Location: 13621 Francisquito Avenue; Applicant: Joe Garrett representing Watermill Express. PURPOSE This report requests that the Redevelopment Agency continue this item to an unspecified date in the future. BACKGROUNDIDISCUSSION Plans have been submitted by Joe Garrett representing Watermiil Express for a proposed water vending machine on a property which is within the Sierra Vista Redevelopment Project Area. The Agency voted at their October 20, 1999 meeting to continue this conceptual review until December 1, 1999. However, the Applicant has requested that this matter be continued indefinitely to allow the additional time for Watermiil Express complete the drawings indicating the new tile roof structure and color scheme. RECOMMENDATION Staff recommends that the Redevelopment Agency continue conceptual review of this project to allow additional brie for completion of the new drawings. ATTACHMENT: 'Letter from Joe Garrett representing Watermiil Express REPORT PREPARED BY: Amy L. Harbin, Assistant Planner U c- 4500 CAMFUS a[i1vE' SUITE 608 • NEWPORT BEACH, CALIFORNIA - 92660 - U,'i.A. -OeEebm=0 999 W. Amy Harbin Planning Division City Of Baldwin Park 14403 East Padfio Avenue gakPwin Park, CA 91706 Dear Ms Hadiin 5ubjoct� Roder y10 from 1'q� vi/atermiii Fx4)res5 requests a COn inuanc a of this item in older to Pmsentaiian to to Redevelopment Agency. P��r'e for a more cort�pfete Sincerer, Joe Gan-etf Fax & mail 1 pyi� RAi r7VV11V P - A - K- K CITY OF BALDWIN PARK TO: Redevelopment Agency Board FROM: Steve Cervantes, Community Development Director DATE: October 6, 1999 k ftlffliv STAFF P � ITEM O SUBJECT: Conceptual Review by the Redevelopment Agency for a proposed water vending machine located in the parking lot of Taco Ready Restaurant, Location: 13621 Francisquito Avenue; Applicant: Joe Garrett representing Watermill Express. This report requests conceptual review by the Redevelopment Agency for a proposed water vending machine located in the parking lot of Taco Ready Restaurant. This property is located within the Sierra Vista Redevelopment Project Area and the project area plan requires that any new construction be reviewed and approved by the Redevelopment Agency prior to the issuance of any entitlements. BACKGROUND/DISCUSSION Plans have been submitted by Joe Garrett representing Watermill Express for a proposed water vending machine on a property which is within the Sierra Vista Redevelopment Project Area. The existing property is rectangular in shape and contains approximately 22,696 square feet (.52 acres). There are approximately 27 parking spaces which are utilized by the existing 1,600 square foot Taco Ready Restaurant. The current zoning of the property is C -2, General Commercial, which does permit vending machines as an accessory use. Three parking spaces will be deleted if the Agency approves the vending machine, however, the property provides parking in excess of what the City's Zoning Code requires for a restaurant. In July 1991, the City Council adopted Design Guidelines for Commercial and Industrial Development within the Sierra Vista Redevelopment Project Area. The purpose of these guidelines is to further redevelopment efforts and improve the City's image through the promotion of high quality design and more orderly development. Additionally, the guidelines encourage integration of the physical architectural element with the streetscape and to visually screen undesirable elements such as storage, loading, and refuse collection from the view of access streets, freeways and adjacent properties. It is staff's opinion that the proposed water vending machine's architecture style does not meet the intent of the adopted guidelines which has a Spanish Mediterranean theme. This theme is evidenced by not only the Taco Ready Restaurant (which is the same site as the Staff Report to the Redevelopment Agency Board October 6, 1999 SUBJECT: Conceptual Review -13621 Francisquito Avenue Page 2 proposed vending machine), but also the existing Target shopping center across Francisquito Avenue. RECOMMENDATION Staff recommends that the Redevelopment Agency approve one of the following options: 1) Conceptually approve the existing vending machine with the understanding that the structure will be redesigned to be compatible with the existing architecture (Spanish Mediterranean Theme) of the surrounding structures (Taco Ready and Target); or 2) Conceptually deny the proposed water vending machine as presented; or 3) Conceptually approve the proposed water vending machine as presented. ATTACHMENTS Vicinity Map *Site and Elevation Plans *Design Guidelines for the Sierra Vista Redevelopment Project Area REPORT PREPARED BY: Amy L. 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