HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 4/7/2005 AGENDA
REGULAR MEETING of the REDEVELOPMENT AGENCY
of the CITY OF SAN JACINTO
APRIL 7, 2005
Immediately Following the Regular City Council Meeting
San Jacinto Unified School District Board Room
2045 South San Jacinto Avenue, San Jacinto, California
ORGANIZATION
1 . 1 Call to Order
1 .2 Roll Call
2, PUBLIC COMMENTS
None
3m PUBLIC HEARING:
Now is the time for the public to address the Agency on any subject not listed on the agenda. Any
person may address theAgency on any subjecipertaining to Redevelopment Agency business not listed on the
Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be setfor each person
desiring to address the Agency Directors.
4n CONSENT CALENDAR
The matters listed under Consent Calendar are considered routine and will be enacted by one motion
by Agency Members in the form listed. There will be no separate discussion on these items prior to
the motion unless members of the Redevelopment Agency, staff or the public requests a specified
item be removed andlor discussed. Any agenda item pulled will be heard at the end of 5. City
Departments.
Anyone wishing to discuss a consent calendar item should come forward upon invitation of the
Agency Chairman; state their name, address and the consent calendar item number. Speakers
should limit comments to three (3) minutes.
4. 1 March 17, 2005 Minutes / Approve / City Clerk
4.2 Tony's Seafood Landing Settlement / Approve and Appropriate $60,000
from Undesignated, Unreserved San Jacinto RDA Capital Project Fund
and Reserve Balance to fund settlement / Finance Director
Redevelopment Agency Agenda
ApH1712005
Pana 2 of 3
43 Exclusive Right to Negotiate between the RDA and MPJR, Inc / Approve
the revised Excusive Right to Negotiate Agreement between the
Redevelopment Agency of the City of San Jacinto and MPJR, In. , and
Authorize the RDA Executive Director to sign the agreement
Redevelopment Operations Manager
5m CITY DEPARTMENTS
5. 1 Professional Services Agreement with Rosenow Spevacek Group (RSG)
for RDA Bond Refinancing Fiscal Analysis / Approve Professional
Services Contract with RSG to perform the fiscal analysis for the
proposed refinancing of the 1993 RDA Tax Allocation Bonds and
Appropriate $25,000 from the San Jacinto RDA Capital Project Fund
Unreserved, Undesignated Fund Balance Reserve and Authorize
Agency's Executive Director to execute contract / Finance Director
5.2 Enhanced Senior Home Repair Grant Program / Approve and Authorize
a transfer of $17,000 from the Unallocated Redevelopment Agency Low
and Moderate Income Housing Fund to cover startup costs and provide
funds for initial grants and Authorize staff to work with the United Way to
develop an Enhanced Senior Home Repair Program for low-income
seniors I Redevelopment Operations Manager
6, CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS
None
7, OPEN SESSION ANNOUNCEMENTS
CLOSED SESSION
7A CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Park Manor Property (southeast corner of First Street and
Estudillo Avenue and southwest corner of First Street and Pico Avenue
(APNs 437-023�001 � 437-023-002 and 437-023-005)
Agency Negotiator: Peter Cosentini, Executive Director
Negotiating Parties: San Jacinto Assembly of God Church
Under negotiation: Price and terms of payment
8, ADJOURNMENT
It is the intention ofthe City qfSan Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If
as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance
beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please
Redevelopment Agency Agenda
April 7. 2005
Page 3 of 3
contact City Hall at (909) 48 7-733 0, at least 48 hours prior to the meeting to inform us ofyourparticular needs and to
determine if accommodation isfeasible.
Ifyo u ch allenge any action ofthe City Co uncil in court, yo u may be limited to raising only those issues yo u or someone
else raised at thepublic hearing described in this notice, or in written correspondence delivered to the City Council (Clo
the City Clerk) at, orprior to, the public hearing.
1, (Do rot hy L. Chou inard, Secretary of the San Yacinto W§development Agency, do here by certify that I caused
to be posted theforegoing agenda theist day ofApriC 2005, as required 6y raw.
AGENDA
REGULAR MEETING of the REDEVELOPMENT AGENCY
of the CITY OF SAN JACINTO
APRIL 7, 2005
Immediately Following the Regular City Council Meeting
San Jacinto Unified School District Board Room
2045 South San Jacinto Avenue, San Jacinto, California
14 ORGANIZATION
1 . 1 Call to Order
1 .2 Roll Call
2, PUBLIC COMMENTS
None
3a PUBLIC HEARING :
Now is the time for the public to address the Agency on any subject not listed on the agenda. Any
person may address theAgency on any subjectpertaining to Redevelopment Agency business not listed on the
Agenda during this portion of the Meeting. A limitation of three (3) minutes shall be setfor each person
desiring to address the Agency Directors.
4v CONSENT CALENDAR
The matters listed under Consent Calendar are considered routine and will be enacted by one motion
by Agency Members in the form listed. There will be no separate discussion on these items prior to
the motion unless members of the Redevelopment Agency, staff or the public requests a specified
item be removed andlor discussed. Any agenda item pulled will be heard at the end of 5. City
Departments.
Anyone wishing to discuss a consent calendar item should come forward upon invitation of the
Agency Chairman; state their name, address and the consent calendar item number. Speakers
should limit comments to three (3) minutes.
4. 1 March 17, 2005 Minutes / Approve / City Clerk
4.2 Tony's Seafood Landing Settlement / Approve and Appropriate $60,000
from Undesignated , Unreserved San Jacinto RDA Capital Project Fund
and Reserve Balance to fund settlement / Finance Director
Redevelopment Agency Agenda
ApH1712005
Paae 2 of 3
4.3 Exclusive Right to Negotiate between the RDA and MPJR, Inc / Approve
the revised Excusive Right to Negotiate Agreement between the
Redevelopment Agency of the City of San Jacinto and MPJR, In. , and
Authorize the RDA Executive Director to sign the agreement
Redevelopment Operations Manager
5, CITY DEPARTMENTS
5, 1 Professional Services Agreement with Rosenow Spevacek Group (RSG)
for RDA Bond Refinancing Fiscal Analysis / Approve Professional
Services Contract with RSG to perform the fiscal analysis for the
proposed refinancing of the 1993 RDA Tax Allocation Bonds and
Appropriate $25,000 from the San Jacinto RDA Capital Project Fund
Unreserved, Undesignated Fund Balance Reserve and Authorize
Agency's Executive Director to execute contract / Finance Director
5.2 Enhanced Senior Home Repair Grant Program / Approve and Authorize
a transfer of $17,000 from the Unallocated Redevelopment Agency Low
and Moderate Income Housing Fund to cover startup costs and provide
funds for initial grants and Authorize staff to work with the United Way to
develop an Enhanced Senior Home Repair Program for low-income
seniors / Redevelopment Operations Manager
6a CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS
None
7a OPEN SESSION ANNOUNCEMENTS
CLOSED SESSION
7. 1 CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Park Manor Property (southeast corner of First Street and
Estudillo Avenue and southwest corner of First Street and Pico Avenue
(APNs 437-023-001 , 437-023-002 and 437-023-005)
Agency Negotiator: Peter Cosentini, Executive Director
Negotiating Parties: San Jacinto Assembly of God Church
Under negotiation: Price and terms of payment
8a ADJOURNMENT
It is the intention afthe City ofSan Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If
as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance
beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please
Redevelopment Agency Agenda
April 7, 2005
Page 3 of 3
contact City Hall at (909) 487-7330, at least 48hoursprior to the meeting to infonn us ofyourparticular needs and to
determine if accommodation isfeasible.
Ifyou challenge any action ofthe City Council in court, you maybe limited to raising only those issuesyou or someone
else raised althepublic hearing described in this notice, or in written correspondence delivered to the City Council (clo
the City Clerk) at, orprior to, the public hearing.
I Dorothy L. Chou inard, Secretary of tfieSanjacin to WSdeveropment Agency, do hereby cc rtify that Ica used
to be postedtheforegoing agenda the lit day ofApriC 2005) as required by faw.
AGENDA 4s
MINUTES
REGULAR MEETING of the REDEVELOPMENT AGENCY
of the CITY OF SAN JACINTO
MARCH 17, 2005 8:26 p.m.
San Jacinto Unified School District Board Room
2045 South San Jacinto Avenue, San Jacinto, California
ORGANIZATION
lul Call to Order
Chairperson Buydos called the regular meeting of the Redevelopment
Agency of the City San Jacinto to order at 8:26 p, m.
1 ,2 Roll Call
Present: Jim Ayres, Chris Buydos, Robert Ritchie, Ken Shaw, Dale
Stubblefield
2m PUBLIC COMMENTS
None
3w PUBLIC HEARING :
None
4a CONSENT CALENDAR
4. 1 March 3, 2005 Minutes / Approve / City Clerk
4.2 Funding for a Historic Structure Report for the Francisco Estudillo Heritage
Park and Mansion Restoration Project / Approve redevelopment funding
Redevelopment Operations Manager
Agenda item 4.2 was pulled and is to be brought back to the regular City
Council at a later date.
M/S/C (Shaw I Buydos) moved to approve Consent Calendar Item 5.1 as
presented. Motion carried 3/0.
Redevelopment Agency Minutes
March 17, 2005
Page 2 Of 2
Ayes: Ritchie, Shaw, Buydos
Nays: None
Absent: None
Abstain : Ayres, Stubblefield (both were absent at 3/3/05 meeting)
58 CITY DEPARTMENTS
None
6m CHAIRPERSON / MEMBER REPORTS / DISCUSSIONS
None
7o OPEN SESSION ANNOUNCEMENTS
CLOSED SESSION
None
8, ADJOURNMENT
With no further business before the Board of Directors, Chairperson Buydos
adjourned the meeting at 8:26.5 p.m .
Redevelopment Agency of the City of San Jacinto
by Chris Carlson Buydos
ATTEST:
Dorothy L, Chouinard , Agency Secretary
RDA AGENDA ITEM .a
April 7, 2005
TO: The Honorable Board Members of the Redevelopment Agency of
the City of San Jacinto
FROM: Bernie Simon, inance Director
SUBJECT: Appropriation of $60,000 to pay $60,000 Tony's Seafood
Settlement
RECOMMENDATION:
By motion, appropriate $60,000 from Undesignated, Unreserved San Jacinto
RDA Capital Project Fund (096), and Reserve Balance to fund settlement.
BACKGROUND:
The Board of the Redevelopment Agency of the City of San Jacinto announced,
after a closed session meeting on February 17, 2005, a settlement of$60,000
with the United States Trustee representing the claim of Tony's Seafood Landing
against the City of San Jacinto.
This action is to clean up the details of the agreed to funding. Because Tony's
Seafood Landing was an RDA project, such settlement funds should come from
RDA funds. In addition, an appropriation of funds must be made in open session.
JUSTIFICATION:
Cleans up action, and appropriates the funds from a funding source.
BUDGETARY IMPACT:
Increases expenditure account 096-1111-411-3090 by $60,000; reduces
Undesignated, Unreserved San Jacinto RDA Capital Project Fund Balance
Reserve by $60,000.
ATTACHMENTS: Approvals
City Manager:�All
None
Finance Director.
l
AGENDA ITEm .4 . 3
April 07, 2005
TO: Redevelopment Agency Board of Directors
FROM: Steven G. Pasarow, Redevelopment Operations Manager
SUBJECT: Exclusive Right to Negotiate between the Redevelopment Agency
of the City of San Jacinto and MPJR, Inc.
RECOMMENDATION :
Staff recommends that the Redevelopment Agency Board of Directors approve
the Revised Exclusive Right to Negotiate Agreement between the
Redevelopment Agency of the City of San Jacinto and MPJR, Inc. , and authorize
the Executive Director to sign the agreement.
BACKGROUND:
On August 5, 2003, the Agency Board approved the proposed Exclusive Right to
Negotiate (ERN) for the purchase of Agency property at the northeast comer of
San Jacinto and Commonwealth Avenues. The ERN provides for negotiation
only with Mr. Mackey and Mr. Meyer, during the term of the agreement.
The terms of the ERN include:
I . The term will be six (6) months with a non-refundable fee $10,000,
conditioned upon delivery of clean/insurable and marketable title.
2. Two extensions may be granted for a period of three (3) months each. A
non-refundable fee of $7,000 for each three (3) month extension period
will be required.
3. The total term, with extensions will be for a period of twelve ( 12) months.
The fees charged will not be used to reduce the purchase price.
4. No fast food restaurants can be developed on any portion of the property.
5. The Developer shall work in good faith towards the goal of acquiring all of
the adjacent properfies.
Approvals
City Manager: 1� 4/ —
Finance Director:
6. The Developer shall develop a detailed description of the project and
project amenities for all adjacent properties.
7. The purchase price of the Agency property will be determined by a new or
updated appraisal commissioned by the Agency upon execution of the
ERN.
With the approval of the ERN by the Agency in August 2004, the Developer
submitted his required payment of $10,000 and the staff promptly initiated a re-
appraisal of the property. That appraisal indicated that as of October 01 , 2004
the value of the parcel was $450,000. This new appraised value sets the
purchase price of the parcel for the developer when he exercises his right to
purchase under the terms of the ERN .
In the fall of 2004, the Developer indicated that potential lessee's for this site
were reluctant to commit to a project until the construction of the Wal-Mart
became a certainty and the Developer requested that the Agency consider
extending the effective date of the ERN until the date that Wal-Mart commences
construction of their store.
On February 3, 2005, the Agency approved the Developers request to extend the
effective date of the ERN to the earlier of the date that Wal-Mart commences
construction or April 15, 2005. The new Super Wal-Mart is scheduled to begin
construction by the middle of April and the developer is now in a position to plan
for and negotiate leases for a new retail center on the Agency property.
JUSTIFICATION :
Entering into an extension of the ERN will allow the Agency to sell the
Commonwealth property and facilitate a retail development. Proceeds from the
sale will go to the Redevelopment Agency. Upon the development of the
property, the Tax Increment will also go to the Redevelopment Agency and sales
tax to the General Fund. Aside from any transfer fees, there will be no impact on
City's Redevelopment or General Fund.
BUDGETARYIMPACT:
The Agency has already received $10,000 from the Developer and may receive
up to an additional $14,000 with extensions (if elected) for holding the property
during the negotiation period.
8
ATTACHMENT,
Revised Exclusive Right to Negotiate Agreement
EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT
between
THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO
a public body, corporate and politic
and
SAN JACINTO INVESTORS GROUP, LLC
a California limited liability company
[DATED AS OF AUGUST 5� 2004 FOR REFERENCE PURPOSES ONILYI
RA/PUB\ jsB\ 66057s . 5
This EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT is dated as of August 5. 2004 for
reference purposes only ("Agreemenn and is entered into by and between: (i) the REDEVELOPNIENT
AGENCY OF THE CITY OF SAN JACINTO, a public body corporate and politic C'Agency'l existing and
acting pursuant to California Community Redevelopment Law (Health and Safety Code Section 33000 et seq)
C'CRL"), and (ii) SAN JACINTO INVESTORS GROUP, LLC, a California limited liability company
("Developer') to coordinate mutual planning and consideration of the redevelopment of certain real property.
Developer and Agency are sometimes referred to in this Agreement, individually as "P arty" and, collectively as
"Parties."
RECITALS
This Agreement is entered into with reference to the following recitals of fact C'Recitals") that Agency
and Developer believe to be true, as of the Effective Date (defined in Section 1) of this Agreement:
WHEREAS, in accordance with CRL, the City Coimcil of the City of San Jacinto C-Cityc � approved and
adopted a redevelopment plan C'Redevelopment Plarn for the redevelopment project area known as the San
Jacinto Project Area CTroject Ared'), by City Ordinance Number 754 on June 28, 1983; and
WHEREAS, the Agency owns four (4) parcels of certain real property ("Property") generally located at
the southwest comer of Commonwealth Avenue and Highway 79 within the Project Area (Assessor Parcel
Numbers: 439-110-093, 439- 110-025, 439- 110-031 and 439-110-032) (collectively referred to "Agency
Property"); and
WHEREAS, the Agency Property is located adjacent andprox=ite to eight (8) parcels of realproperty
generally located off of Commonwealth Avenue within the Project Area (Assessor Parcel Numbers: 439-110-24,
439-110-0301 439-110-0261 439wII0-03037 439-110-027� 439-110-0347 439-110-0352 439-110-087)
(collectively referred to as "Adjacent Property"); and
WHEREAS, the Agency Property and the Adjacent Property are referred to in this Agreement as
"Property'�; and
WHEREAS, the Property is depicted in the site map attached as Exhibit A to this Agreement and
incorporated into this Agreement by reference; and
WHEREAS, Developer is interested in acquiring the Property and redeveloping the Property as a
commercial project C'Prcject`�; and
WHEREAS, Agency and Developer desire, subject to the terms of this Agreement, to enter into a period
of exclusive negotiation concerning: (i) the Agency's sale of the Agency Property to Developer, (ii)the Agency's
potential assistance in acqu=ii g the Adjacent Parcels, and (ii) the Developer's development of the Project on the
Property in accordance with the Redevelopment Plan; and
WHEREAS, Agency and Developer agree that the object of their negotiations is the negotiation and
documentation of a disposition and development agreement between them that would govern the sale of the
Agency Property to Developer, the acquisition of the Adjacent Parcels, and the development of die Project by the
Developer C'DDA").
RV?UB\ JSB\ 661D3� 5 - 5
Now, therefore7 in view Of the goals and objectives of Agency relating to the implementation Of the
Redevelopment plan and the covenants, and promises of Agency and Developer, as set forth in this Agreement,
Agency and Developer agree as f011Ows:
ARTICLE I
EFFECTIVE DATE; NEGOTIATION PERIOD; AGENCY: DEVELOPER
1 . 1 Effective Date. This Agreement is dated as of August 5. 2004 for reference Purposes Only. This
Agreement will not become effective until the date CcEffective Da&� on which all of the following are wae: W
execution of this Agreement by the authorized representatives of Developer, (ii) approval of this Agreement by
the governing board of the Agency, (iii) execution Of this Agreement by the authorized representatives of Agency;
and (iv) the earlier of either: (1) the issuance of the first building permit for construction,of the proposed Walmart
building at the southeast comer of S an Jacinto Street and Commonwealth Avenue; or (2) April 15, 2005, If aft of
the foregoing conditions precedent have not occurred by April 15, 2005 then this Agreement may not thereaftex
become effective and any prior signatures or approvals of the Parties will be deemed of no force or effect.
1 .2 NegQtdation Period- Extension Period. Extension Price. This Agreement shall continue in effect for a
period of one hundred eighty (180) calendar days following the Effective Date CNegotiation Period). The
Negotiation Period may be extended upon the mutual written consent of the Agency 7 s Executive Director and
"Exte ion
Developer for up to two (2) additional ninety (90) calendar day periods (each referred to as an * ns
Perio&')-, provided however that prior to Agency providing its written consent to extend the Negotiation Period by
any Extension Period, Developer shall deliver to Agency the sum of Seven Thousand Dollars ($7,000) in a form
of security acceptable to the Agency C'Extension Price`�. The Extension Price for each Extension Period shall be
non-reftindable to Developer and Agency shall be entitled to keep the Extension Price for each Extension Period
upon receipt. In no event shall the Negotiation Period, including any Extension Period, exceedthree hundred sixty
(360) calendar days.
aiR Stree�
13 Agency Agency's address for notices required or allowed under this Agreement is 201 East M
San Jacinto, California, 92582; Attention: Peter Cosentim`, telephone: (951) 487-7330; facsimile: (951) 654-
3728. All of the terms, covenants and conditions of this Agreement shall be binding on and shall inure to the
benefit of the Agency and its nominees, successors and assigns.
1 .4 Develgper. Developer's address for notices required or allowed under this Agreement is 5225 Canyon
Crest Drive, Suite 166, Riverside, California 92507; Attention: Joe Meyer; telephone: (951) 248-1100; facsimile:
(951) 249-1210. All of the terms, covenants and conditions of this Agreement shall be bindingon and shall inure
to the benefit of the Agency and its nominees, successors and assigns. Wherever the term "Developer" is used
herein, such term shall include any permitted nominee, assignee or successor of Developer.
ARTICLE 11
EXCLUSIVE RIGHT TO NEGOTIATE
2. 1 Good Faith Negotiations. Agency and Developer agree, for the term of this Agreement, to negotiate in
good faith the terms and conditions of a DDA for the sale of the Agency Property to Developer, the acquisition of
the Adjacent Property, and development of the Project on the Property by the Developer. During the tennoft.his
Agreement, Agency agrees to negotiate exclusively with the Developer, and not with any other person or entity,
with regard the sale of the Agency Property, acquisition of the Adjacent Property or development of the Project on
the Property.
RVpU3\J53\6G05_75 . 5
2. 1. 1 The term "negotiate exclusively" as used in this paragraph shall preclude Agency from accepting
0 4
acquisition proposals for the Agency Property from persons or entities other than Developer, or its
representatives or lenders, or discussing with persons or entities other than Developer or its representatives or
lenders, acquisition and development plans for the Agency Property and Project which might be acceptable to
Agency.
2. 1.2 Agency shall not be precluded by anything in this Agreement from furnishing to other persons or
entities unrelated to Developer information related to the Redevelopment Plan for the Project Area. TheAgency
may also furnish any information concerning the Property and the Project which it is required by law to furnish or
which it would otherwise normally fiwnish to persons requesting information from the Agency concerning its
activities, goals and matters of a similar nature.
2.2 Neizotiationofaf)DA� Oblintions During the Ne2otiating Perio During the term of this Agreement,
the Parties shall cooperate and work in good faith towards the goal of negotiating a mutually acceptable DDA
concerning the sale of the Agency Property to Developer, the acquisition of the Adjacent Property and the
development of the Project on the Property. The exact terms and conditions of the DDA, if any, shall be
determined during the course of these negotiations.
2.2. 1 In consideration for Agency entering into this Agreement, Developer shall, on a best efforts and
good faith basis, undertake its obligations under this Section 2.2. 1 . Developer shall during the term of this
Agreement, at Developer's sole cost and expense, take all reasonable actions for determil=* 9 the feasibility of the
development of the Property and the Project, including but not limited to determining Developer's ability to
acquire the Adjacent Property. Developer's performance of its obligation to determine the feasibility of the
development of the Project and the Property, as set forth in this Section 2.2. 1, shall be measured by the following
performance standards:
2.2. 1. 1 Developer's efforts to contact and communicate with all of the owners of the Adjacent
Property to determine their willingness to sell their respective portions of the Adjacent Property to Developer.
Developer shall: (i) mail letters to, and (iii) personally contact (either through person-to-person meetings or
telephone conferences initiated by either Dennis C. Mackey or Joe Meyer) all of the owners of the Adjacent
Property.
2.2. 1.2 Developer's efforts to complete a conceptual development plan for the Project that
describes and depicts: (a) the location and placement of proposed buildings, (b) the size, features and amenities of
proposed building; and (c) the proposed land use categories on a parcel-by-parcel basis.
2.2, 1.3) Developer's efforts to develop a proposed time schedule and cost estimates for the
development of the Project.
2.2. 1 .4 Developer's efforts to develop a proposed financing plan identifying financing sources
for all private and public improvements proposed for the Project.
2.2. 1 .5 Developer's efforts to timely present a summary of the information set forth in Sections
2.2. 1. 1 through 2.2. 1 .4 to the Agency for its review prior to the expiration of the Negotiation Period.
2.2.2 Agency and Developer agree that, if this Agreement expires or is terminated for any reason or a
DDA is not executed by both Agency and Developer, for any reason, neither Agency nor Developer shall be under
atky finther obligation to each other.
-RV2UB\JSB\ 660575 . 5
2.23 Nothing herein shall be deemed to be a representation by either Agency or Developer that a
mutually acceptable DDA will be produced- Nothing herein shall be deemed to be a guarantee or representation
that any proposed DDA which may be negotiated by Agency staff and Developer will be approved by the
governing board of the Agency and/or the City Council of the City. Developer acknowledges that Agency's
approval of the DDA is subject to the appropri�te public hearings, notices, and factual findings required by the
CRL, the California Environmental Quality Act ("CEQA") and other relevant legal provisions.
2.3 Good Faith ftosit. Simultaneous to Developer's delivery of an executed copy of this Agreement to
Agency, Developer shaU deliver to Agency a good faith deposit in the amount of Ten Thousand Dollars ($10,000)
in a form of security acceptable to the Agency ("Deposit ) to insure that Developer will proceed diligently and in
good faith to fliffill its obligations under this Agreement and as consideration for Agency's grant to Developer of
this exclusive right to negotiate for the term of this Agreement. If the Deposit is in the form of cash or a certified
cashier's check, it shall be deposited in an interest bearing account in a bank selected by Agency. Interest, if any,
shall be added to the Deposit and held as additional security. The Deposit shall be refunded or released to
Developer only upon receipt by Agency of written direction from Developer at any time prior to sixty (60)
calendar days after the Effective Date C'Developer's Due Diligence Period"). If, upon the expiration of the Due
Diligence Period, the Agency has not received written direction from the Developer to refund or release the
Deposit, then Agency shall thereafter be entitled to keep the Deposit and any accrued interest thereon. The
foregoing notwithstanding, in the event that the Parties execute a DDA prior to the termination of this Agreement,
the Deposit shall be credited and applied by Agency to the purchase price of the Agency Property.
2.4 DDA Business Points. The Agency and Developer acknowledge that the following shall be the basic
business points which shall control the negotiation and preparation of the DDA:
2,4. 1 Purchase Price for the Agency PrWerty: Appraisal Report, Agency has, at its sole cost and
expense: (i) caused to be prepared a report appraising the value of the Agency Property C'Appraisal Reporn by
an independent third party appraiser chosen by the Agency, in its sole and absolute discretion, and (d) delivered
the Appraisal Report to Developer. The Parties agree that the Appraisal Report is intended to serve as the basis
for establishing the purchase price for the Agency Property under the DDA..
2.42 Prohibition Against Development of Fast Food Restaurant. Agency and Developer acknowledge
and agree that: (i) the Project shall not include the development of a fast food restaurant on any portion of the
Agency Property, and (U* ') the DDA shall include an express provision prohibiting the development of a fast food
restaurant on any portion of the Agency Property.
2.4.3 Development Fees and Infrastructure. Agency and Developer acknowledge and agree that: (i)
Developer shall be responsible for all Project development costs, fees and mitigation measures, including the
payment of any development impact fees imposed by the City, the Agency, school districts, and other
governmental agencies, and (H) the DDA shall include express provisions providing for Developer's sole
responsibility for all Project development costs, fees and mitigation measures. The Agency shall assist Developer
in identi��incr and determmimig the applicability of any fee credits as to which the Project may be eligible. In
addition, the Agency may assist the Developer in the payment of any development impact fees imposed by
governmental agencies or may assist with development costs. Such assistance Will be determined as part of the
DDA negotiations.
2.4.4 AdequaZ of Developer Financin Developer apiglowledges that it may be requested to make
certain confidential financial disi;losures to Agency, its staff or legal counsel, as part of the financial due cbhgence
.4.
RV2UB\ JS3\ 660575 . 5
investigations of Agency relating to the potential acquisition of the Property and development of the Project by
Developer, Developer further acknowledges that, as part of the DDA negotiations, the Developer must be able
to demonstrate, to the satisfaction of the Agency, in its sole discretion, that Developer will have appropriate and
adequate financing in place to acquire the Property and develop the Project, and a Project budget and Project
schedule of performance proposed by Developer must be reviewed and approved by the Agency.
2.4.5 Design Process. Design of the Project will be of paramount concern to the Agency. Developer
acknowledges that the Project will be designed and built with a level of architectural style and interior and exterior
amenities consistent with City and Agency standards and equal to the prevailing standard being constructed in the
City. The design process will involve Developer and the City's Planning, Public Works, Development and other
City departments. A detailed and refined scope of development, including (but not limited to) architectural
features and other design documents, shall be completed and approved prior to the Agency's consideration and
approval of a DDA.
2.4.6 Power of Terminatiom The DDA shall include a power of termination provision, allowing the
Agency to reclaim ownership of the Property and the improvements if Developer fails to complete the Project as
required, or if Developer abandons or delays construction beyond certain deadlines to be established in the DDA.
If the Agency retakes the Project, the Agency will undertake good faith efforts to resell the Project and distribute
the sale proceeds according to a formula which may result in Developer receiving back a portion of its investment.
2.4.7 Prohibition on Unpermitted Encumbrances and Financings. The DDA shall provide that� prior to
the issuance of a certificate of completion for the Project, Developer may not assign the DDA or convey any of
the Project (other than sales to individual lot owners) -without the Agency's written consent. The DDA may
include certain "pre-approved" transfers/assignments and encumbrances (such as construction financing).
2.5 Termination of this Agreement. This Agreement shall automatically expire and be of no further force or
effect at the end of the one hundred eightieth (180,11) calendar day following the Effective Date, unless prior to that
time:
2.5, 1 a DDA, acceptable in form and content to both Acrency staff and Developer, is executed by
Developer, delivered to the Agency, and presented to the governing board of the Agency and the City Council of
0
the City for consideration (in which case this Agreement shall terminate on the effective date of any such DDA);
or
2.5 .2 the governing board of the Agency and/or City Council of the City disapprove of any proposed
DDA presented by Developer and Agency staff (in which case this Agreement shall terminate on the date of such
disapproval); provided, however, that in their sole discretion, the Agency and Developer may, within fifteen (15)
calendar days from such disapproval, mutually elect in writing to extend this Agreement pursuant to Section 1.2;
or
.5.
RV2U3\ J3B\660573 - 5
2.5.3 either Party determines in good faith that the other Party is in material default of that Party's
obligations under this Agreement and such defaulting Party has failed to cure such default within fifteen (15)
calendar days following written notice from the Party alleging the default or, if such default cannotbe reasonably
cured within such fifteen (15) calendar days, the defaulting Party has failed to commence to me the default
within fifteen (15) calendar days and/or has failed to diligently prosecute such cure to completion thereafter; or
2.5.4 the Negotiation Period is ended for one (1) or more Extension Periods as provided in Section
12 (in which case this Agreement shall terminate at the end of the last calendar day of the last Extension Period).
2.6 Lunitation on Remedies for Breach and Release of Claims. Agency and Developer both acknowledge
that they would not have entered into this Agreement if they were to be liable to the other for an unknown amount
of monetary damages or other remedies. Accordingly, each Party acknowledges and agrees that its exclusive right
and remedy upon the uncured default of this Agreement by the other Party is to terminate this Agreement,
without cost, expense or liability to either Party. Each Party acknowledges that it is aware of the meaning and
legal effect of California Civil Code Section 1542, which provides:
"A general release does not extend to claims which the creditor does not 11<now
or suspect to exist in his favor at the time of executing the release, which if
known by him would have materially affected his settlement with the debtor."
California Civil Code Section 1542 notwithstanding, it is the Agency's and Developer's intention to be bound by
the limitation on damages and remedies set forth in this Section 2.6, and each Party hereby releases any and all
claims against the other for monetary damages or other legal or equitable relief related to such breach, whether or
not such released claims were known or unknown to the Parties as of their entry into this Agreement. Agmcy and
De�veloper each hereby waive, but only as to the claims released under this Section 2.6, the benefits of California
Civil Code Section 1542 and all other statutes andjudicial decisions (whether state or federal) of suimilar effect.
ARTICLE III
GENERAL TERMS
3. 1 Solicitation and Conflicts of Interest. Developer maintains and warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for Developer, to solicit or
secure this Agreement. Further, Developer warrants it has not paid nor has it agreed to pay any company or
person, other than a bona fide employee working solely for Developer, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the making of this Agreement. For
the term of this Agreement, no member, officer or employee of Agency, during the term of his or her service writh
Agency, shall have any direct or indirect interest in this Agreement or obtain any present or anticipated material
benefit arising therefrom.
RVOUB\ JSB\ 660575 . 5
3.2 Disclosurea and CgWerati Agency and Developer shall generally cooperate with each other and
supply such documents and mformation as may be reasonably requested by the other to facilitate the conduct of
the negotiations that are the subject of this Agreement. Without limiting the generality of the foregoing, Agency
particularly reserves the right to obtain further information, data and commitments to ascertain the ability and
capacity of Developer to acquire the Property and develop the Project. Unless precluded by law, Agency shall
keep confidential all proprietary information provided by Developer to Agency. Agency shall prepare such public
notices and schedule such public hearings, in accordance with the CRL and other relevant law, as may be
necessary for the governing board of the Agency and City Council of the City to consider any proposed DDA
which may be agreed upon between Agency staff and Developer. Developer expressly acknowledges and agrees
em g cy aff urin th
that Agency will not be bound by any stat ent, promise or representation made by A en , st d g e
course of negotiations of a DDA and that the Agency shall be legally bound only upon the approval of the DDA
by the governing board of the Agency and the City Council of the City, in accordance with the provisions of the
CRL.
3 .3 Attornevs' Fees. In the event of the bringing of an arbitration, action or suit by a Party against the other
Party arising out of the breach of this Agreement or any other dispute between the Parties concerning this
Agreement or Property, then, in that event, the prevailing Party in such action or dispute, whether by final
judgment or arbitration award, shall be entitled to have and recover of and from the other Party all costs and
expenses of suit or claim, including actual attorneys' fees. Any judgment, order or award entered in any final
judgment or award shall contain a specific provision providing for the recovery of all costs and expenses of suit or
claim, including actual attorneys' fees (collectively, "Costs'� incurred in enforcing, perfecting and executing such
judgment or award. For the purposes of this Section 3.3, Costs shall include, without implied limitation,
attorneys' and experts' fees, costs and expenses incurred in the following: (i) postiudgment motions and appeals,
(ii) contempt proceedings, (iii) garnishment, levy and debtor and third party exanuination; (iv) discovery; and (v)
bankruptcy litigation. This Section 3 .3 shall survive any termination of this Agreement.
3.4 Governing Law; Jurisdiction and Venue. This Agreement shall be interpreted arid enforced in accordance
with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws
provisions. Any action brought concerning this Agreement shall be brought in the appropriate state court for the
Countv of Riverside, California. Each Party hereby irrevocably consents to the jurisdiction of said court.
Developer hereby expressly waives all provisions of law providing for a change of venue due to the fact that
Agency and/or the City may be a party to such action, including, without limitation, the provisions of Califomia
Code of Civil Procedure Section 394. Developer ftu-ther waives and releases any right it may have to have any
action concerning this Agreement transferred to Federal District Court due to any diversity of citizenship which
may exist between Agency and Developer or due to the fact that a federal question or right is alleged or involved
in such action.
3 .5 No Third Partv Beneficiaries. Agency and Developer expressly acknowledge and agree that they do not
intend, by their execution of this Agreement� to benefit any persons or entities not signatory to this Agreement,
including, without limitation, any brokers representing the Parties to this transaction. No person or entity not a
signatory to this Agreement shall have any rights or causes of action against either Agency or Developer arising
out of or due to Agency and Developer's entry into this Agreement.
3 h aken
.1 .6 Counterpart Originals. This Agreement may be executed in counterpart originals which, w en t
together, shall constitute but one and the same instrument.
3.7 Press Releases. Developer agrees to obtain the approval of the Executive Director of Agency or his or
her designee or successor in function of any press releases Developer inky propose relating to the acquisition or
-7-
RVDTJB\JSB\ 650575 - 5
redevelopment of the Property prior to publication.
3.8 Notice. All notices required under this Agreement shall be presented in person, by a nationally
recognized overnight delivery service or by facsimile and confirmed by first class certified or registered United
States mail with return receipt requested to the address and/or fax number for the Party set forth in Sections 1 .3
and 1 .4. Notice shall be deemed confirmed by United States mail effective the second (2d) business day after
deposit with the United States Postal Service. Notice by personal service or nationally recognized overnight
delivery service shall be effective upon delivery. Either Party may change its address for receipt of notices by
noti4i�g the other Party in writing.
19 an agree that has
j Develgper Aeguires No Interest in Prgpertv from Agocv. Developer acknowledges d s it
not acquired and will not acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real
or personal property from Agency.
[Signatures On Following Pages']
RVPUB\JSB\ 660-�75 , 3-
SIGNATURE PAGE
TO
EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT
AGENCY:
REDEVELOPM[ENT AGENCY OF THE
CITY OF SAN JACINTO,
a public body, corporate and politic
By:
Peter Cosentim*
Executive Director
ATTEST:
By:
Agency Secretary
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
Bv:
Kevin K. Randolph
Agency Counsel
RV?U3\jSB\ 660575 . 3
SIGNATURE PAGE
TO
EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT
DEVELOPER:
SAN JACINTO RWESTORS GROUP, LLC
a California limited liability company
By:
/Demus C. Mac e�y)
Its:
Date:
By:
Joe Meyer
Its:
Date:
R�IPUB\JSB\ 660575 . 5
EXHIBIT A
TO
EXCLUSIVE RIGHT TO NEGOTIATE AGREEMENT
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PM NO 28465
Jul 1999
RDA AGENDA ITEM 5-
April 7, 2005
TO: The Honorable Chairperson
Chairperson and Members of the RDA Board
4
FROM: Bernie Simon, Finance Director
SUBJECT: Approve and Appropriate— Professional Services Agreement with
RSG for RDA Bond Refinancing Fiscal Analysis
RECOMMENDATION:
By motion,
1) Approve professional services contract with RSG to perform the
fiscal analysis for the proposed refinancing of the 1993 RDA Tax
Allocation Bonds.
2) Appropriate $25,000 from San Jacinto RDA Capital Project Fund
Unreserved, Undesignated Fund Balance Reserve (096).
3) Authorize Agency Director to execute contract.
BACKGROUND:
On January 20, 20053 RDA Board approved staff direction to proceed on work to
refinance the 1993 $4,130,000 Tax Allocation Bonds. Staff and refinancing team
selected Felise Acosta of the firm of Rosenov, Spavacek Group, Inc. (RSG) to
perform the fiscal analysis of the RDA and specifically the San Jacinto Project
Area to see what the long range fiscal impact is of the estimated revenues, debt
service, pass through and expenditures through the end of the bond issue and
life of the agency.
The current Bond issue consists of $875,000 in serial bonds paying between
3.60% and 6.10% and term bonds of$3,255,000 at 6.25% (yield of 6.40%) due in
2023. The scheduled debt service over the life of the issue is $9,304,398
including interest. Currently, the optional redemption premium penalty is now
down to 1.0%. With the low interest rates and the redemption premium penalty
down to 1.0%, the RDA has a window of opportunity to refinance the bonds. The
RDA would be able to lower its' borrowing costs and thereby save funds for more
Approvals
City Manager: 7L{30
Finance Director.
Page 1 of 2
RDA projects. Staff currently estimates that the RDA could save over $400,000
over the life of the bonds after paying all expenses. However, the interest rate is
increasing slowly and will erode any savings if interest rates continue to increase.
Therefore, time is of the essence.
Bonds should only be refinanced when it makes economic sense to do so.
However, because bond issues can only be refunded once, there needs to be a
selection of the best time to refinance a bond issue. To quantify the term
"Economic sense" in a straight refunding; as a rule of thumb, bonds should be
refinanced, if there is at least a net 3.0% savings. The County of Riverside uses
a 5.0% rule of thumb. Staff suggests a benchmark of at least 3.5% in savings
(after all fees and expenses) in order to refinance the 1993 RDA Tax Allocation
Bonds.
Staff previously stated that all retained team members would be retained on a
contingent basis subject to the successful issuance of new refunding bonds. This
is not correct; the exception would be the engagement of the Fiscal Analysis
consultant. The contract cost is not to exceed $25,000.
JUSTIFICATION :
Opportunity to lower interest costs and save money for the RDA. Fiscal analysis
is required in order to view the feasibility of a new issue and such analysis is a
required element in order to market the issue with a target BBB rating.
BUDGETARYIMPACT:
$25,000 cost to the RDA. All fees and expenses are anticipated to be eventually
offset by refinancing savings.
ATTACHMENTS:
Standard Professional Services Agreement
Page 2 of 2
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
Company Profile
Vision . . . Fulfilled
Taking a project from concept to completion requires. . .
0 Imagination and planning to see the possibilities
0 Experience and commitment to make it happen
0 From the smallest detail, to the most complex problem
a We strive to create harmony to create communities
At RSG, our approach is a balance of forward thinking and understanding gained from over a
quarter of a century's experience.
Rosenow Spevacek Group
Provides consulting services for public entities and private agencies throughout California and
Nevada. Our experienced professionals create customized solutions, emerging from an
understanding of each community's unique set of challenges. We specialize in:
Redevelopment Planning
Real Estate Economics
Housing
Financing
Real Estate Acquisition
Economic Development
Government Services
0
Contact Information
RSG is a Subchapter S Corporation. Five active partners hold shares of the corporation
(principals) listed below:
Kathleen Rosenow
Frank J . Spevacek
Felise Acosta
John Yonai
James C. Simon
The Principal responsible for this engagement is Felise Acosta
Firm Description
Page I
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
I
Our corporate contact information is listed below
Rosenow Spevacek Group, Inc. (RSG)
309 West 4h Street
Santa Ana , CA 92701
Phone: 714-541 -4585
Fax: 714-541 -1175
www.webrsq,com
Ms. Acosta's phone extension is 128 and her email address is facosta@webrsg.com.
Consulting Services Provided
In 1979, five individuals coming from government and the private sector establish RSG and
began providing redevelopment/community development, real estate, financing, governmental,
and economic development consulting services to a few clients within southern California.
Twenty-five years later with a staff of 30 expedenced professionals, we have a current client list
of over 129 public agencies and have overseen the adoption of over 125 redevelopment plans.
During the firms tenure we have provided redevelopment implementation services for the
majority of our clients, participated in over 130 public agency financings, conducted real estate
pro forma analyses and assisted in the negotiations of owner participation and disposition and
development agreements, acquired properties for numerous agencies and conducted
governmental management, incorporation, annexation and reorganizational-right sizing studies.
We apply our governmental, finance and real estate economic expertise in most of our
assignments. We understand the diverse interests involved in redevelopment planning and
finance, from city and county officials to citizens, developers, consultants, technical experts,
lawyers, architects, engineers, investment bankers, real estate appraisers and transportation
agencies. We have earned a reputation for balancing these diverse interests to move a project
forward on a timely basis to its optimum conclusion.
Revenue Projections/Fiscal Consulting
RSG prepares fiscal consulting reports for a variety of tax increment supported debt structures
for clients throughout California and Nevada. We provide tax increment revenue projections
that delineate anticipated housing set aside deposits, taxing agency payments, administrative
costs, non-housing project funds, debt service coverage and bonding capacity. We develop tax
increment pass through models, monitor tax receipts and verify property tax revenues for our
client agencies. Our financing work also includes property tax projections for other public
agencies, cost revenue model development and fee structure studies.
Firm Description
Page 2
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
Plan Adoptions, Amendments, and Mergers
RSG brings over two decades of experience adopting, amending, and merging redevelopment
plans to implement community development, housing rehabilitation, commercial revitalization,
hazardous material remediation, and other programmatic goals. Our approach to
redevelopment planning is to provide customized services for each client. For example, in one
city we worked as a facilitator between the agency and three project area committees to discuss
the implications of a proposed merger and increase communication and trust. For another city,
we consulted on an award-winning redevelopment plan adoption and received unanimous
community support, just a few years after a prior proposal failed amid citizen protest. For a joint
powers redevelopment authority, we completed a redevelopment plan under the military base
closure act—covering 15,000 acres, 22,000 parcels, and 4 jurisdictions—within a seven-month
period . Other cities have limited staff, and RSG project team members are available to act as
an extension of staff—preparing staff reports, talking to property owners, meeting with
department heads, and transmitting notices.
Project Area Committee and Community Outreach
Stakeholder support for redevelopment is more essential now than ever before. RSG can
coordinate, participate, or lead community workshops with residents, property owners, and
businesses.
Implementation and Housing Plans
RSG prepares a wide variety of planning documents required by Redevelopment Law, including
five-year implementation plans, replacement housing plans, housing compliance plans, annual
reports, and relocation plans.
Governmental Services
RSG conducts a wide range of services related to the operation of government of all sizes. Our
services include rightsizing, productivity and performance analysis, policy and procedure
evaluation, budget development and analysis, strategic economic planning, interim
management services, incorporation, annexation and reorganization and financial impact
assessments/nexus studies. RSG's Government Services team has a bottom line: help our
clients evolve into a more cost-effective organization that can perform more tasks with fewer
resources.
Real Estate Economics
RSG provides economic, redevelopment, and real estate consulting services to both public
agencies and private participants in the community development process. Throughout
California, RSG has advised our clients on a variety of real estate projects. Our services
include pro forma development and market analysis, project structuring and financing,
development agreement negotiation, developer solicitation and economic impact analysis. In
total, RSG's real estate economic services have resulted in the development of over 4 million
square feet of commercial, industrial, and office uses, and 5,500 affordable and market rate
housing units. Formulating innovative solutions, attention to detail and adherence to project
schedules are signatures of our service.
Firm Description
Page 3
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
Economic Development
RSG activity provide services to our client agencies in the area of economic development
building a strategy for the future by developing economic development plans and assisting the
actual implementation of these plans. In sport for these efforts, we conduct market analysis,
financial and other resource reviews, strategic planning, business development and business
retention and overall program implementation.
Real Estate Acquisition
RSG offers full service real estate acquisition, management and representation services. Many
real estate transactions have multiple components, and RSG's team has over 20 years of
experience managing the pieces and making sure they all come together for a successful
project. Services include site assembly management, acquisition document preparation and
negotiations, hazardous materials surveys, management plans and removal coordination
construction management services, relocation process coordination and condemnation process
coordination.
Firm Description
Page 4
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
Consultant Team
The RSG consultant team would be led by Felise Acosta, Principal and Project Manager, who
would oversee all work related to the Fiscal Consultant Report. In this role, she will attend all
meetings, act as lead contact, and coordinate all activities with the Agency, County, and State
staff. She will also coordinate support staff's data gathering efforts, and oversee all analysis
and projection development. Ms. Acosta will be directly responsible for the preparation of the
Report. Ms. Acosta's most recent engagements to provide fiscal consultant reports for tax
allocation financings include the following Redevelopment Agencies: Bell 2003; Carson 2002
and 2003, the El Monte 2003, Hollister 2003; Loma Linda 2003; Orange Cove 2004 and Palm
Desert two financings in 2002 and three financings in 2003.
Jose Ometeolt and Fernando Cazares, Analysts and Beverly Wong , Research Assistant will
assist Ms. Acosta. Mr. Ometeolt, Cazares and Ms. Wong will assist in data collection, analysis
and assist with project coordination. Resumes are enclosed for your perusal.
Additional staff may be assigned on an as needed basis.
Firm Description
Page 5
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
Felise Acosta
Rosenow Spevacek Group = Principal
Project Manager for clients requiring services in redevelopment, housing, economic
development, finance activities and developer/public sector coordination. Specializes in
redevelopment project area implementation and formation, housing and economic development
programs, redevelopment and bond financing. Has directed the creation or amendment of
project areas for the Cities of Buena Park, Burbank, Carson, Fontana , Palm Desert, Port
Hueneme, Poway, Orange, San Bernardino, and the Inland Valley Development Authority
(IVDA) for the Norton Air Force Base and the Victor Valley Development Authority for the
George Air Force Base.
Project implementation experience includes: coordination of affordable housing implementation;
Disposition and Development Agreement process for redevelopment agencies; pro forma
analysis; coordination of site assembly process required for project implementation; commercial
and residential rehabilitation, and local agency financial analysis, interim community
development director services, and planning for numerous clients throughout southern
California.
Project manager for fiscal consulting services in support of over $600 million in tax allocation
bonds. Clients include Cities of Bell, Big Bear, Carson, Cudahy, Chino, El Cajon, Hollister,
IVDA, Loma Linda, Monterey, Orange Cove, Park, Palm Desert, Port Hueneme, Poway,
Rancho Palos Verdes, Redlands, San Bernardino, Sparks (Nevada), Taft, Torrance, and Vista.
City of Buena Park = Community Development Officer
Directed and managed the activities of the Redevelopment Agency, the City's HCDBG and
Economic Development programs supervising a staff of seven, an annual budget of $ 14 million,
and two Redevelopment Project Areas totaling over 1 000 acres. Was responsible for Agency's
cash flow and preparation as five-year financial implementation plan, directed the Agency bond
financing program. Managed numerous site assembly projects. Negotiated with developers for
acquisition and development of sites in the project areas, acted as chief staff liaison with
Redevelopment Agency Board, Project Area Committee, and Citizens Advisory Committee.
Education
Bachelor of Arts, Urban Geography, California State University, Long Beach
Professional Affiliations
National Association of Housing and Redevelopment Officials Southern California Chapter
California Association for Local Economic Development
Firm Description
Page 6
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
Financing Projects
Since 1984, RSG has served as fiscal consultant for over 100 redevelopment agency financings
involving approximately $2.5 billion in bonds. In this capacity, RSG staff has interpreted taxing
agency agreements, prepared revenue projections, verified property tax delinquencies,
researched and evaluated the impact of assessment appeals, authored support material for
bond rating agencylinsurance company presentations, and identified the top ten taxpayers. The
following presents the portfolio of RSG's overall bond experience:
Bell Community Redevelopment Agency
1985 $7,000,000 Tax Allocation Notes
1987 $6,000,000 Tax Allocation Notes
1987 $7,850 ,000 Tax Allocation Refunding Bonds
1991 $9,250,000 Tax Allocation Notes
1994 $ 19,900,000 Tax Allocation Refunding Bonds
2003 $27 ,925,000 Tax Allocation Refunding Bonds
Big Bear Lake Improvement Agency
1990 $5,000,000 Revenue Bonds, Series A
1990 $1 ,000,000 Assessment District Bonds
Buena Park Redevelopment Agency
1985 $20,000,000 Tax Allocation Notes
1985 $20,000,000 Tax Allocation Refunding Bonds
1985-86$13,700,000 Certificates of Participation
California City Redevelopment Agency
1991 $ 9,000,000 Tax Allocation Bonds
1993 $7,000,000 Tax Allocation Bonds
2000 $15,600,000 Tax Allocation Refunding Bonds
Camarillo Community Development Commission
1999 $7,900,000 Tax Allocation Bonds
City of Carson Redevelopment Agency
1992 $21 ,840,000 Project Area No. 1 Refunding
1993 $32974OwOOO Project Area No. 2 Bonds
1993 $51975j000 Project Area No. 1 Taxable
1993 $ 159000,000 Project Area No. 1 Tax Exempt
1994 $600,000 Project Area No. 3 Tax Allocation Notes
1996 $10,000,000 Project Area No. 3 Tax Allocation Notes
2001 $28,6257000 Project Area No. 1 Tax Allocation Bonds
2003 $3,155,000 Project Area No. 1 Tax Allocation Bonds
Financing Project Experience
Page 1
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
Chino Redevelopment Agency
1993 $3,250,000 Tax Allocation Bonds
Compton Redevelopment Agency
1987 $39,125,000 Revenue Bonds
Coronado Community Development Agency
1990 $11 ,550,000 Tax Allocation Bonds
1992 $30,000,000 Tax Allocation Bonds
1996 $38,847,000 Tax Allocation Refunding Bonds
2000 $ 17,000,000 Tax Allocation Bonds
Cudahy Redevelopment Agency
1990 $3,000,000 Tax Allocation Bonds
1991 $2,000,000 Tax Allocation Bonds
1994 Abandoned Tax Allocation Bonds
El Cajon Redevelopment Agency
1988-89$23,000,000 Financial Institution Loans
1992 $35,600,000 Tax Allocation Bonds
1992 $14,000,000 Taxable Notes
1997 $35,745,000 Tax Allocation Refunding Bonds
2000 $ 14,000,000 TaxableBonds
El Centro Redevelopment Agency
1996 $9,240,000 Tax Allocation Refunding Bonds
El Monte Redevelopment Agency
2002 $1 ,430,000 Tax Allocation Notes
Fontana Redevelopment Agency
1988 $15,300,000 Tax Allocation Notes
Fountain Valley Agency for Community Development
1998 $24,225,000 Tax Allocation Refunding Bonds
Industrial Area Redevelopment Project
Hercules Redevelopment Agency
2001 $6,500,000 Tax Allocation Bonds
Hollister Community Development Agency
2003 $35,000,000 Tax Allocation Bonds
Huntington Park Redevelopment Agency
1994 Abandoned Tax Allocation Bonds
Financing Project Experience
Page 2
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
Indian Wells Redevelopment Agency
1994 Abandoned Tax Allocation Refunding Bonds
Inland Valley Development Agency
1993 $15,000,000 Tax Allocation Bonds - School District
1993 $2510OOtOOO Tax Allocation Notes
1996 Tax Increment Verification —
Taxing Agency Pass Through Calculations
1997 $44,485,000 Tax Allocation Bonds
1997-2004 Annual Tax Increment Projections and
Taxing Agency Pass-Through Calculations
La Palma Community Development Agency
1991 $6,500,000 Tax Allocation Bonds
1993 $5, 100,000 Tax Allocation Refunding Bonds
2001 $6,300,000 Tax Allocation Refunding Bonds
La Quinta Redevelopment Agency
1990 $197675,000 Tax Allocation Bond Refunding , PA #1
1991 $8,700,000 Tax Allocation Bonds, PA #1
1992 $5,845tOOO Tax Allocation Bonds, PA #2
1994 $26,665,000 Tax Allocation Refunding Bonds, PA #1
1995 $22�4551000 Housing Tax Allocation Bonds
1996 $9,000,000 Lease Revenue Bond Refunding
1998 $7 ,000,000 Tax Allocation Refunding Bonds, PA #2
1998 $ 15,7601000 Tax Allocation Refunding Bonds, PA #1
1998 $6,750,000 Tax Allocation Refunding Bonds, PA #2
2002 $40o0001000 Tax Allocation Bonds, PA #1
Lemon Grove Community Development Agency
1992 $8,035,000 Tax Allocation Bonds
Loma Linda Redevelopment Agency
1994 $4,405,000 Tax Allocation Refunding Bonds
2003 $ 12,610,000 Tax Allocation Refunding Bonds
Long Beach Redevelopment Agency
$50,000,000 Tax Allocation Bonds - Tax
Increment Certificate for Bond
Escrowed Funds Release
Maywood Redevelopment Agency
1994 Abandoned Tax Allocation Refunding Bonds
Financing Project Experience
Page 3
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
Monterey Park Redevelopment Agency
1992 $22,055,000 Tax Allocation Bonds - Refunding
1992 $4,720,000 Subordinate Tax Allocation Refunding
Ontario Redevelopment Agency
1992 $61 , 191 ,000 Revenue Bonds
1993 $90,000,000 Revenue Bonds
1993 $45,705,000 Tax Allocation Bonds
Orange Redevelopment Agency
1990 $7,000,000 Tax Allocation Notes, Tustin Street P.A.
1992 $7,600,000 Subordinated Taxable Refunding Notes,
Tustin Street PA
1988 $10,000,000 Tax Allocation Notes, Southwest P.A.
1993 $32,750,000 Tax Allocation Refunding Bonds, Southwest
1990 $4,000,000 Tax Allocation Notes, Northwest P.A.
1993 $27,000,000 Taxable and Tax Exempt Refunding Bonds,
(Combined) Northwest P.A.
Orange County Comm. Development Agency
1987 $20,000,000 Tax Allocation Bonds
1993 $57,965,000 Tax Allocation Refunding Bonds
2001 $7657000 Tax Allocation Refunding Bonds
2001 $261160�000 Tax Allocation Refunding Bonds
Orange County Fire Authority
Annual 1997 through 2004 (10-year) projection of property tax revenues
(11 individual cities and county unincorporated territory)
Orange Cove Redevelopment Agency
2004 $6,230,000 Tax Allocation Bonds
Palm Desert Redevelopment Agency
1992 $100,000,000 Tax Allocation Revenue Refunding Bonds,
Project Area No. 1
1992 $ 17,505,000 Tax Allocation Revenue Refunding Bonds,
Project Area No. 2
1993 Verification of Increment of Project Area No. 1 -
Escrow Release
1995 $24,025,000 Tax Allocation Bonds, Project Area No. 1
1995 $4,090,000 Tax Allocation Bonds, Project Area No. 2
1995 $6,305,000 Tax Allocation Refunding Bonds, Project Area
No. 1 (Added Area Only - Housing Fund)
1996 $7,010,000 Lease Revenue Bonds - Project Area No. 1
1997 $77,945,000 Tax Allocation Refunding Bonds - Project No. 1
Financing Project Experience
Page 4
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
1998 $ 11 ,020,000 Tax Allocation Refunding Bonds - Project No. 4
1998 $481770�000 Tax Allocation Refunding Bonds - Housing Fund
2001 $22,070,000 Refunding Bonds - Project No. 1
2001 $ 15,6050000 Tax Allocation Bonds - Project No. 4
2002 $17o310,000 Tax Allocation Refunding Bonds, PA 2
2002 $12,1009000 Tax Allocation Housing Bond
2003 $191000,000 Tax Allocation Bonds-Project Area No.1
2003 Tax Allocation Revenue Verification for County of Riverside-City of Palm Desert
Financing Authority for Revenue Bond financing of Multi-jurisdictional Animal
Shelter
Pinole Redevelopment Agency
1999 $ 11 , 135,000 Tax Allocation Bonds
Pomona Redevelopment Agency
1990 $20,000,000 Revenue Bonds, Series E
1990 $3,930,000 Tax Allocation Refunding Bonds
Port Hueneme Redevelopment Agency
2004 $129210,000 Subordinate Tax Allocation Refunding Bonds
Poway Redevelopment Agency
1993 $104,000,000 Tax Allocation Refunding Bonds
City of Redlands
1994 $20,275,000 Subordinate Tax Allocation Refunding Bonds
1998 $31 ,000,000 Tax Allocation Refunding Bonds
Ridgecrest Redevelopment Agency
1988 $ 12,845,000 Certificates of Participation
1990 $5,835,000 Tax Allocation Bonds
1991 $4,790,000 Tax Allocation Bonds
1999 $7,880,000 Refunding Tax Allocation Bonds
2002 TBD Refunding Tax Allocation Bonds
Riverside Redevelopment Agency
1999 $1710259000 Tax Allocation Bonds, Series A
University Corridor/Sycamore Canyon
Merged Redevelopment Project
1999 K055,000 Tax Allocation Bonds, Series B
University Corridor/Sycamore Canyon
Merged Redevelopment Project
1999 $20,3957000 Tax Allocation Bonds, Casa Blanca Project
Financing Project Experience
Page 5
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
County of Riverside
1990 $18,020,000 Tax Allocation Bonds, Series A. BT C, D & E
1991 $ 11 ,415,000 Tax Allocation Bonds, Series A
Rohnert Park Redevelopment Agency
1999 $ 11 ,937,000 Tax Allocation Bonds
2001 $8,200,000 Tax Allocation Refunding Bonds
San Bernardino Joint Powers Financing Agency
1990 $29,450,000 Tax Allocation Bonds, 6 issues
completed and sold
1991 Tax Increment Verification
Central City, State College, and
Southeast Industrial Park Project Areas
1994 $ 10,000,000 Tax Allocation Bonds-State College Project
1998 $27,590,000 Tax Allocation Refunding Bonds, Central City
Merged
County of San Diego Redevelopment Agency
Annual 1995 Revenue Bond Debt Service Certification
Gillespie Field Redevelopment Project
San Marcos Redevelopment Agency
1984 $6,000,000 Tax Allocation Notes
1992 $42,910,000 Tax Allocation Bonds
1993 $47 �4251000 Project Areas 1 , 29 & 3 Refunding Bonds
1996 $7,455,000 Project Area 1 Tax Allocation Bonds
1997 $9,465,000 Series A Housing Tax Allocation Bonds
1998 $7,490,000 Housing Tax Allocation Bonds
1999 $9,315,000 Senior Tax Allocation Bonds — Project Area 1
1999 $5, 165,000 Subordinate Tax Allocation Bonds — Project Area 1
2000 $31 t970,000 Revenue Bonds — Project Area 3
Santa Ana Community Development Agency
1994 Abandoned Central City Refunding Tax Allocation Bonds
1998 $65,330,000 Refunding Revenue Bonds, Series A
1998 $ 119485,000 Refunding Revenue Bonds, Series B
1998 $81100,000 Refunding Revenue Bonds, Series C
Sparks (Nevada) Redevelopment Agency
1994 $36,000,000 Tax Allocation Bonds
1995 $107000t000 City of Sparks General Obligation Limited Tax
Revenue Bonds
1996 $8,150,000 Tax Allocation Bond Anticipation Notes
2000 $50,000,000 Tax Allocation Refunding Bonds - P.A. 1
Financing Project Experience
Page 6
RSG
INTELLIGENT COMMUNITY DEVELOPMENT
2002 $10,000,000 Tax Allocation Notes - P.A. 2
2003 $5,000,000 Tax Allocation Notes - P.A. 2
Taft Public Finance Authority
1993 $4,590,000 Revenue Bonds
Torrance Redevelopment Agency
1992 $ 9,870,000 Tax Allocation Refunding Bonds
1994 Complete Verification of Tax Increment Escrow Release
Victor Valley Economic Development Authority
2000 Pending Tax Allocation Bonds
Victorville Redevelopment Agency
1991 $10,600,000 Tax Allocation Bonds
1994 $10,450,000 Tax Allocation Refunding Bonds, Series A
1994 $1 ,010,000 Taxable Tax Allocation Bonds, Series B
1994 $4,940,000 Subordinate Tax Allocation Bonds, Series C
Vista Community Development Agency
1991 $26,000,000 Revenue Bonds
1992 $44,500,000 Tax Allocation Notes
1993 Complete Verification of Tax Increment Escrow Release
Whittier Redevelopment Agency
1990 $5,000,000 Tax Allocation Bonds, Series A
Financing Project Experience
Page 7
RSG
INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC. T 714 5414585
309 WEST 47H STREET F 714 5411175
SANTA ANA, CALIFORNIA E INFO &WEURS&COM
92701-4502 WEBRSG.COM
Via E-Mail and FimtmCdass Mail
bsimon@sarijacinto.ca.us
February 7, 2005
Mr. Bernard Simon, Finance Director
CITY OF SAN JACINTO REDEVELOPMENT AGENCY
248 E Main Street
San Jacinto, CA 92583
PROPOSAL FOR FISCAL CONSULTANT SERVICES
SAN JACINTO REDEVELOPMENT AGENCY
Dear Mr. Simon:
Rosenow Spevacek Group, Inc. (mRSGJ is pleased to present this Proposal to provide
fiscal consultant services to the City of San Jacinto Redevelopment Agency CAgencyl.
It is our understanding that the Agency desires preparation of fiscal consultant report
CReportw) to verify tax increment revenues for its San Jacinto Project Area rProject
Area'). The purpose of the Reports are to verify expected and future revenues to allow
the Agency to refinance its existing Bonds to enable the Agency to further implement
redevelopment within the Project Area.
THE FIRM
RSG specializes in providing redevelopment and financial consulting services to both
public agencies and private participants in the community development process. Our
services include redevelopment project adoptionlamendments; project implementation
and redevelopment agency staffing; fiscal consultant services; economic development
programs; and affordable housing program development and administration. RSG's
service delivery is enhanced by our aggressive integration of computer applications into
project management, scheduling, data storage, and mapping activities. Formulation of
innovative solutions, attention to detail, and adherence to schedules are the signatures
of our service.
Specific to fiscal consulting work, RSG has had extensive experience in providing fiscal
and tax consultant services for cities and redevelopment agencies. Since 1984, RSG
staff has served as fiscal consultant for over 125 redevelopment financings, involving
the issuance of approximately $2.5 billion in bonds- REDEVELOPMENT PLANNING
REAL ESTATE ECONOMICS
MOUSING
FINANCING
REAL ESTATE ACOUISITION
ECONOMIC DEVELOPMENT
GOVERNMENT SERVICES
Mr. Bernard Simon, Finance Director
SAN JACINTO REDEVELOPMENT AGENCY
February 7, 2005
Page 2
SCOPE OF SERVICE
The following services vAll be provided in preparation of the Fiscal Consultant Report
for the San Jacinto Project Area for inclusion in the Financing's Official Statement.
1 . By accessing the Riverside County Assessoes 2004-05 equalized assessment
roll information; the database of the current local secured assessment
valuations on a tax rate arealparc&by-pareel basis will be reviewed.
2. Wity assessments and revenue verifications will be provided based on
available information at the County and State level.
3. Historical assessed valuation and tax revenue data for the Project Area will be
collected, tabulated and presented in table form.
4. The effect of any Redevelopment Plan limitations or any cooperative-pass
through agreements on tax increment will be ascertained and calculated. A
summary of any such agreements will be included in the Report.
5. Property resale's which took place from July 1 , 2004 through January 31 , 2005
will be researched and increased assessed value from such sales activity will be
documented and projected as increases in assessment value for the
appropriate roll year.
6. Tax rate information regarding percentage share allocations to each taxing
agency will be researched and identified for both the general levy and the
Project Area's overrides.
7. Based upon information available from the County Auditor Controller,
delinquencies rates for both Project Area will be researched and presented.
8. The 2004-05 top ten secured taxpayers in each Project Area will be
documented for underwriting purposes.
9. Appeals information will also be researched through the Riverside County
Assessor's Office and presented in the Report.
10. Based upon the information collected and noted above, tax increment revenue
projections for the Project Area will be developed which depict gross and not
revenue and housing set aside amounts as well as amounts to be allocated to
the other taxing agencies pursuant to cooperative agreements.
Mr. Bernard Simon, Finance Director
SAN JACINTO REDEVELOPMENT AGENCY
February 7, 2005
Page 3
TIMING
RSG's experience, knowledge, and database related to the Project Areas will allow
RSG to provide the Agency with an extensive and actuate Report. Additionally,
because of our existing database, we will be able to provide the Report in shortest time
possible. Once given the authorization to proceed, we believe that we can provide a
draft Report within five (5) weeks of receipt of authorization to proceed, with a final
Report completed within fourteen (14) working days from receipt of the last financing
team's comment.
EXPERIENCE
RSG has provided fiscal consultant services for over 125 redevelopment agency
financings. These financings included the following:
0 $1 million to over $100 million in size;
0 Initial offerings and refundings/refinancings;
0 Issues including escrow components;
0 Short-term notes and long-term take-out financings; and
0 Exclusive tax increment pledges, and other pledges of revenue sources
with tax increment providing an enhanced security pledge.
As an integral member of the financing team, RSG has worked with various
underwriters, bond counsels, financial consultants and credit institutions.
PROJECT TEAM
Felise Acosta, Piincipavpro*ect Manager
Ms. Acosta will assume the role of Project Manager for this engagement. In this role,
Ms. Acosta will oversee all aspects of the engagement. She will attend all meetings,
act as lead contact, and coordinate all activities with the City, Agency, financing team,
rating agencies, and insurers. She will also coordinate support staffs data gathering
efforts, and oversee and conduct most analysis, projection development and
development of Report.
Mr. Fernando Cazares, Ana
Mr. Cazares will assist with data gathering and analysis, document preparation,
assembly of required financial information and assist in development of the projection
model.
FEE QUOTE
RSG proposes to conduct the work required, based upon utilization of the 2004-05
assessment roH for a not-to-exceed total fee of $22,000. This fee is inclusive of all
normal incidental expenses associated with preparation of the Report. Such expenses
include copying, mailing costs, fax charges, Federal Express, and normal travel within
Southern California etc. The fixed fee does not include any extraordinary expenses
related to travel outside of the Southern California to meet with insurers or rating
agencies. Such expenses would be incurred only after receipt of authorization by the
Agency and would be billed as a direct reimbursable.
Mr. Bernard Simon, Finance Director
SAN JACINTO REDEVELOPMENT AGENCY
February 7, 2005
Page 4
RSG is willing to postpone payment of fees until the time of bond closing; however, the
fee may not be contingent upon the sale of bonds, and If the sale is delayed beyond
ninety (90) days from the presentation of the final Report, RSG may request payment.
If requested, the Agency agrees to provide payment.
RSG's 2005 hourly rate structure for consultant services is as follows:
Principal/Director $170
Sr. Associate $140
Associate $120
Senior Analyst $110
Analyst $ 90
Research Assistant $ 80
Word Processor/Graphic Artist $ 55
Clerical $ 45
Reimbursable Expenses Cost plus 10%
Contact Person. The person authorized to represent RSG on matters related to this is
Felise Acosta. Ms. Acosta can be reached at our Santa Ana office at 714-541 -4585
ext. 128 or by email at facosta Ca)webrsg.cDm.
We appreciate the opportunity to submit our proposal to the San Jacinto
Redevelopment Agency and we look forward to working on this important refinancing. If
this proposal is acceptable as written, please sign where indicated and return to our
office at your earliest convenience.
Sincerely,
ROSENOW SPEVACEK GROUP, INC. APPROVED AND AUTHORIZED:
Signed:
Felise Acosta
Principal Tdie:
Date:
CITY OF SAN JACINTO
PROFESSIONAL SERVICES AGREEMENT
1 . PARTIES AND DATE,
This Agreement is made and entered into this . day of 12005 by and
between the City of San Jacinto, a municipal organization organized under the laws of the State of
California with its principal place of business at 201 East Main Street, San Jacinto, California 92583
("City") and ROSENOW SPEVACEK GROUP, a Sub Chapter S California Corporation, with its
principal place of business at 309 West 4th Street, Santa Ana, California 92701 ("Consultant"). City
and Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
2a RECITALS.
2A Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional
services required by the City on the terms and conditions set forth in this Agreement. Consultant
represents that it is experienced in providing professional redevelopment and fiscal consulting
services to public clients, is incorporated in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such services for the San Jacinto Redevelopment
Agency to provide fiscal consultant services required to prepare documentation necessary to refund
the Agency's existing tax allocation bonds for the San Jacinto Redevelopment Project Area
("Project") as set forth in this Agreement.
3. TERMS.
3A Scope of Services and Term,
3.1 .1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional services for the San Jacinto
Redevelopment Agency to provide fiscal consultant services required to prepare documentation
necessary to refund the Agency's existing tax allocation bonds for the San Jacinto Redevelopment
Project Area consulting services necessary for the Project ("Services"). The Services are more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All
Services shall be subject to, and performed in accordance with , this Agreement, the exhibits
attached hereto and incorporated herein by reference, and all applicable local, state and federal
laws, rules and regulations.
3,11 .2 Term. The term of this Agreement shall be from February 7, 2005 until completion of the
Fiscal Consultant Report or June 30, 2005, unless earlier terminated as provided herein. Consultant
shall complete the Services within the term of this Agreement, and shall meet any other established
schedules and deadlines set by City staff.
RVPUB\DKG\621684
3,2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor, The
Services shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this
Agreement. Any additional personnel performing the Services under this Agreement on behalf of
Consultant shall also not be employees of City and shall at all times be under Consultants exclusive
direction and control. Consultant shall pay all wages, salaries, and other amounts due such
personnel in connection with their performance of Services underthis Agreement and as required by
law. Consultant shall be responsible for all reports and obligations respecting such additional
personnel, including, but not limited to: social security taxes, income tax withholding, unemployment
insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference ("Schedule"). Consultant
represents and warrants that it has the professional and technical personnel required to perform the
Services in conformance with such Schedule. In order to facilitate Consultant's conformance with
the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of
City, Consultant shall provide a more detailed schedule of anticipated performance time lines to
meet the Schedule.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should one
or more of such personnel become unavailable, Consultant may substitute other personnel of at
least equal competence upon written approval of City. In the event that City and Consultant cannot
agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for
cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner
acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat
to the adequate or timely completion of the Project or a threat to the safety of persons or property,
shall be promptly removed from the Project at the request of the City.
3.2.5 City's Representative. The City hereby designates its City Manager, or
his/her designee, to act as its representative for the performance of this Agreement ("City's
Representative"). City's Representative shall have the power to act on behalf of the City for all
purposes under this Agreement. Consultant shall not accept direction or orders from any person
other than the City's Represenbtive or his/her designee.
3.2.6 ConsultanVs Representative. Consultant hereby designates Felise Acosta,
Principal, or her John Yonai, designee, to act as its representative for the performance of this
Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using her best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff
RVPU]30KG%621684
in the performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
3.2,8 Standard of Care; Performance of Employees, Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Consultant represents and warrants that it is skilled in the professional calling necessary
to perform the Services. Consultant warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Consultant
represents and warrants that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City business license, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions of this
Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from
the City, any services necessaryto correct errors oromissions which are caused by the Consultant's
failure to comply with the standard of care provided for herein. Any employee of the Consultant or
its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be
promptly removed from the Project by the Consultant and shall not be re-employed to perform any of
the Services or to work on the Project.
RVPUBOKG\621684 w3�
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all
notices required by law. Consultant shall be liable for all violations of such laws and regulations in
connection with Services. If the Consultant performs any work knowing it to be contrary to such
laws, rules and regulations and without giving written notice to the City, Consultant shall be solely
responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold the City, its
directors, officials, officers, employees, agents andvolunteers free and harmless, pursuant to the
indemnification provisions of this Agreement, from any claim or liability arising out of any failure or
alleged failure to comply with such laws, rules or regulations.
3.2.10 Insurance.
3210,11 Time for Compliance, Consultant shall not commence
Services under this Agreement until it has provided evidence satisfactory to the City that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory to
the City that the subcontractor has secured all insurance required under this section.
3,2,10,2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to propertywhich may arise from or in connection with the performance of this
Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant
shall also require all of its subcontractors to procure and maintain the same insurance for the
duration of the Agreement. Such insurance shall meet at least the following minimum levels of
coverage:
Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1 ) General Liability. Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001 ); (2) Automobile Liability.
Insurance Services Office Business Auto Coverage form number CA 0001 , code 1 (any auto); and
(3) Workers' Compensation and Employers Liability. Workers' Compensation insurance as required
by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1 ) General Liability. $1 ,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used , either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shallbe twice the required occurrence limit; (2)
Automobile Liability: $1 ,000,000 per accident for bodily injury and property damage; and (3)
Workers' Compensation andEmployer's Liability: Workers' Compensation limits as required bythe
Labor Code of the State of California. Employer's Liability limits of $1 ,000, 000 per accident for
bodily injury or disease.
3,2.10.3 Professional Liability. Consultant shall procure and maintain,
and require its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their profession.
Such insurance shall be in an amount not less than approved by the City's Risk Manager, and shall
be endorsed to include contractual liability.
32,10A Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
RVPU]30KGk621684 4�
approved by the City to add the following provisions to the insurance policies:
General Liability. The general liability policy shall be
endorsed to state that: (1 ) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insured with respect to the Services or operations
performed by or on behalf of the Consultant, including materials, parts or equipment furnished in
connection with such Services; and (2) the insurance coverage shall be primary insurance as
respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess,
shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying
coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers,
employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be
called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1 ) the City, its directors, officials, officers, employees, agents and
volunteers shall be covered as additional insureds with respect to the ownership, operation,
maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the
Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be
primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employer's Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors,
officials, officers, employees, agents and volunteers for losses paid underthe terms of the insurance
policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (1 ) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City; and (2) any failure to comply with reporting or other provisions
of the policies, including breaches of warranties, shall not affect coverage provided to the City, its
directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds; No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection afforded
to the City, its directors, officials, officers, employees, agents and volunteers.
12AOX Deductibles and SelfwInsurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the City. Consultant
shall guarantee that, at the option of the City, either: (") the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees,
agents and volunteers; or (B) the Consultant shall procure a bond guaranteeing payment of losses
and related investigation costs, claims and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII , licensed to do business in California,
and satisfactory to the City.
RVPUB\DK&621684
3,2,10,8 Verification of Coverage. Consultant shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement
on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall
be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on
forms provided by the City if requested. All certificates and endorsements must be received and
approved by the City before performance of Services commences. The City reseRes the right to
require complete, certified copies of all required insurance policies, at any time.
3.2.11 Safety. Consultant shall execute and perform its work so as to avoid injury or
damage to any person or property. In carrying out its Services, the Consultant shall at all times be in
compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (") adequate life protection and life saving equipment and procedures; (B)
instructions in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities forthe proper inspection
and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation, Consultant shall receive compensation, including
authorized cost and expense reimbursements, for all Services rendered under this Agreement at the
rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. In no event shall
the total compensation, including authorized cost and expense reimbursements, exceed Twenty-five
Thousand and no/1 00 Dollars ($25,000.00) without written approval of City's Representative. Extra
Work, as defined below, may be authorized as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates the portion of Services work completed and hours of work
rendered by Consultant. The statement shall describe the portion of Services and hours of work
rendered by Consultant since the initial commencement date, orsince the start of subsequent billing
periods, as appropriate, through the date of the statement. City shall, within forty-five (45) days of
receiving such statement, review the statementand pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform "Extra Work". As used herein, "Extra Work" means any work which
is determined by City to be necessary for the proper completion of the Project, but which the parties
did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant
shall not perform , nor be compensated for, Extra Work without written authorization from City's
Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California
Labor Code Sections 1720 et seq. and 1770 et seg. , as well as California Code of Regulations, Title
8, Section 16000 et seg. ("Prevailing Wage Laws") , which require the payment of prevailing wage
rates and the performance of other requirements on certain "public works" and "maintenance"
projects. If the Services are being performed as part of an applicable "public works" or
RVPUB\DKG621684
11maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is
$1 000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall
provide Consultant with a copy of the prevailing rates of per them wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of perdiem
wages for each craft, classification or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at the Consultants principal place of business
and at the Project site. Consultant shall defend, indemnify and hold the City, its directors, officials,
officers, employees, agents and volunteers free and harmless from any claims, liabilities, costs,
penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws.
3A Accounting Records.
3.4.1 Maintenance and Inspection, Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during normal
business hours to examine, audit, and make transcripts or copies of such records and any other
documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years from
the date of final payment under this Agreement.
3,5 General Provisions.
3.5,11 Termination of Agreement.
16,11 ,11 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof, at
least seven (7) days before the effective date of such termination. Upon termination, Consultant
shall be compensated only for those services which have been adequately rendered to City, and
Consultant shall be entitled to no further compensation. Consultant may not terminate this
Agreement except for cause.
1&112 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultantto provide all finished or unfinished Documents & Data,
as defined below, and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
document and other information within fifteen (15) days of the request.
15,13 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may proure, upon such terms and in such
manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective Parties at the following address, or at such other address as the
respective Parties may provide in writing for this purpose:
Consultant: ROSENOW SPEVACEK GROUP, INC.
309 West 4th Street
Santa Ana, California 92701
Attn: Felise Acosta
Principal
RVPUBDKG\621694
City: City of San Jacinto
201 East Main Street
San Jacinto, CA 92583
Attn: Bernie Simon
Finance Director
Such notice shall be deemed made when personally delivered or when mailed Jorty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3,53,11 Documents & Data; Licensing of Intellectual Property.
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all
subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any
Documents & Data the subcontractor prepares under this Agreement. Consultant represents and
warrants that Consultant has the legal right to license any and all Documents & Data. Consultant
makes no such representation and warranty in regard to Documents & Data which were prepared by
design professionals other than Consultant or provided to Consultant by the City. City shall not be
limited in any way in its use of the Documents & Data at any time, provided that an)such use not
within the purposes intended by this Agreement shall be at City's sole risk.
15,12 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written information,
and other Documents and Data either created by or provided to Consultant in connection with the
performance of this Agreement shall be held confidential by Consultant. Such materials shall not,
without the prior written consent of City, be used by Consultant for any purposes other than the
performance of the Services. Nor shall such materials be disclosed to any person or entity not
connected with the performance of the Services or the Project. Nothing furnished to Consultant
which is otherwise known to Consultant or is generally known, or has become known , to the related
industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs
of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper,
newspaper, television or radio production or other similar medium without the prior written consent of
City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this AgreemEnt.
3.5,5 Attorneys' Fees. If either Party commences an action against the other
Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement,
the prevailing party in such litigation shall be entitled to have and recover from the losing party
reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification, Consultant shall defend, indemnify and hold the City, its
RVPUBOKG�621684 m8�
directors, officials, officers, employees, agents and volunteers free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity,
to property or persons, including wrongful death, in any manner arising out of or incident to any
actual or alleged acts, omissions or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants and subcontractors arising out of or in connection with the
performance of the Services, the Project or this Agreement, including without limitation the payment
of all consequential damages and aftorneys' fees, expert witness fees, and other related costs and
expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted
against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay
and satisfy any judgment, award or decree that may be rendered against the City and/or its
directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal
proceeding. Consultant shall reimburse the City and its directors, officials, officers, employees,
agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in
connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors,
officials officers, employees, agents and volunteers.
3,5,7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings, letters, memoranda or agreements. This Agreement may only be modified by a
writing signed by both Parties.
3.6.8 Governing Law. This Agreement shall be governed by the laws of the State
of California. Venue shall be in Riverside County.
3.5.9 Time of Essence, Time is of the essence for each and every provision of this
Agreement.
3,5.10 City's Right to Employ Other Consultants. City reserves the right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties, and shall not be assigned by Consultant without the prior
written consent of the City, which may be given orwithheld in the City's sole and absolute discretion.
3,5.12 Assignment or Transfer, Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the prior
written consent of the City, which may be given or withheld in the City's sole and absolute discretion.
Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall
acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3,5.13 Construction; References; Captions, Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Unless
otherwise specified in this Agreement, any term referencing time, days or period for performance
shall be deemed calendar days and not work days. All references to Consultant include all
personnel, employees, agents, consultants and subcontractors of Consultant except as otherwise
specified in this Agreement. All references to City include its directors, officials, officers, employees,
agents, and volunteers except as otherwise specified in this Agreement. The captions of the various
articles and paragraphs are for convenience and ease of reference only, and do not define, limit,
RVPU]3\DKG\621684
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification, No waiver, supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by both
Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default
or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights by
custom , estoppel, or otherwise.
3,5,16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3e5al 7 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, otherthan a bona fide employee working solely for
Consultant, to solicitor secure this Agreement. Further, Consultant warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term of this
Agreement, no member, officer or employee of City, during the term of his or her service with City,
shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
3,5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employerand it shall not discriminate against any subcontractor, employee or applicant
for employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
Such non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise
Program , Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every employer
to be insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3,5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3,5.22 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
RVPUWDKG\621684 _ 10-
EXHIBIT "B"
SCHEDULE OF SERVICES
The term of this Agreement shall be from February 7, 2005 to June 30, 2005, unless earlier
terminated as provided in this Agreement.
EITHER:
Consultant shall completed all Services within the term of this Agreement and shall meet all
other established schedules and/or deadlines set by City staff.
RVPU]3\DKG\621684 B-1
EXHIBIT INCIN
COMPENSATION
Consultant shall receive compensation, including authorized cost and expense reimbursement, for
all Services rendered under this Agreement at the rates set forth below. In no event shall total
compensation, including authorized cost and expense reimbursements, exceed Twenty-five
Thousand Dollars ($25,000.00) without written approval of City's Representative.
Based upon utilization of the 2004-05 assessment roll for a not-to-exceed total fee of $22,000. This
fee is inclusive of all normal incidental expenses associated with preparation of the Report. Such
expenses include copying, mailing costs, fax charges, Federal Express, and normal travel within
Southern California etc. The fixed fee does not include any extraordinary expenses related to travel
outside of the Southern California to meet with insurers or rating agencies. Such expenses would
be incurred only after receipt of authorization by the Agency and would be billed as a direct
reimbursable.
RSG is willing to postpone payment of fees until the time of bond closing; however, the fee may not
be contingent upon the sale of bonds, and if the sale is delayed beyondninety (90) days from the
presentation of the final Report, RSG may request payment. If requested, the Agency agrees to
provide payment.
RSG's 2005 hourly rate structure for consultant services is as follows:
Principal/Director $170
Sr. Associate $140
Associate $120
Senior Analyst $110
Analyst $ 90
Research Assistant $ 80
Word Processor/Graphic Artist $ 55
Clerical $ 45
Reimbursable Expenses Cost plus 10%
RVPU]30KG\621684 C-1
3,6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portionof
the Services required by this Agreement, except as expressly stated herein, without prior written
approval of the City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
[Signatures on following page]
RVPU]3\DKG\621684 - 11 -
SIGNATURE PAGE TO
CITY OF SAN JACINTO
PROFESSIONAL SERVICES AGREEMENT
CITY OF SAN JACINTO ROSENOW SPEVACEK GROUP, INC.
"CITY" "CONSULTANT"
By: By:
Peter A. Cosentini Felise Acosta
City Manager Its: Vice President
Attest:
Dorothy L. Chouinard, City Clerk
Approved as to Form:
City Attorney
Best Best & Krieger LLP
RVPUBOKG 621684 -12-
EXHIBIT 'BAN'
SCOPE OF SERVICES
The Services to be performed by Consultant for the Project pursuant to this
Agreement shall include but not be limited to the following specific tasks:
The following services will be provided in preparation of the Fiscal Consultant Report for the San
Jacinto Project Area for inclusion in the Financing's Official Statement.
1 . By accessing the Riverside County Assessor's 2004-05 equalized assessment roll
information; the database of the current local secured assessment valuations on a tax rate
area/parcel-by-parcel basis will be reviewed.
2. Utility assessments and revenue verifications will be provided based on available information
at the County and State level.
3. Historical assessed valuation and tax revenue data for the Project Area will be collected,
tabulated and presented in table form.
4. The effect of any Redevelopment Plan limitations or any cooperative-pass through
agreements on tax increment will be ascertained and calculated. A summary of any such
agreements will be included in the Report.
5. Property resale's which took place from July 1 , 2004 through January 31 , 2005 will be
researched and increased assessed value from such sales activity will be documented and
projected as increases in assessment value for the appropriate roll year.
6. Tax rate information regarding percentage share allocations toeach taxing agency will be
researched and identified for both the general levy and the Project Are is overrides.
7. Based upon information available from the County Auditor Controller, delinquencies rates for
both Project Area will be researched and presented.
8. The 2004-05 top ten secured taxpayers in each Project Area will be documented for
underwriting purposes.
9. Appeals informationwill also be researched through the Riverside CountyAssessor's Office
and presented in the Report.
10. Based upon the information collected and noted above, tax increment revenue projections
for the Project Area will be developed which depict gross and net revenue and housing set
aside amounts as well as amounts to be allocated to the other taxing agencies pursuant to
cooperative agreements.
RVPUB\DKG\621684 A- 1
EXHIBIT 1219"
SCHEDULE OF SERVICES
The term of this Agreement shall be from February 7, 2005 to June 30, 2005, unless earlier
terminated as provided in this Agreement.
EITHER:
Consultant shall completed all Services within the term of this Agreement and shall meet all
other established schedules and/or deadlines set by City staff.
RVPUB\DKG\621684 B-1
AGENDA ITEM 5�
April 07, 2005
TO: Honorable Chairperson and Members of Agency Board
FROM: Steven G. Pasarow, Redevelopment Operations Manager P
SUBJECT: Enhanced Senior Home Repair Grant Program
RECOMMENDATION:
Approve the Enhanced Senior Home Repair Grant Program, authorize a transfer
of$17,000 from the Unallocated Redevelopment Agency Low and Moderate
Income Housing Fund to cover startup costs and provide funds for initial grants
and authorize staff to work with the United Way to develop an Enhanced Senior
Home Repair Program for low-income seniors.
BACKGROUND:
The City of San Jacinto currently provides funding through its Community
Development Block Grant Program for minor home repairs for income qualified
seniors 62 years and over. The Senior Home Repair Program is managed by the
United Way/Valley Service Connection and is limited to qualified low-income
seniors who own and reside in their own home. The maximum eligible amount of
funding per address is currently $500.
This program not only allows repairs on conventional homes, but also includes
mobile homes which comprise approximately 85% of the repair requests. The
City's Redevelopment funded Home Rehabilitation Program provides loans up to
$30,000 to single family homeowners but does not allow rehabilitation of mobile
homes. Thus a large segment of the low-income senior community is not
covered by the Agency funded Home Rehabilitation Program. The United Way
has identified a need for an enhanced program for larger repairs including roof
replacement, electrical and plumbing repairs, needed by senior homeowners, but
which are not covered under the existing program. To address this need, the
United Way has developed the Enhanced Senior Home Repair Program. This
new program will fund more extensive repairs that range from $500 to $3,000
Approvals 'J
City Manager: � N
Finance Director:
Page f of 3
Under the Enhanced Program, seniors meeting the age and income guidelines
for the current Valley Service Connection program will become eligible for one-
time only repairs costing $501 up to a maximum for $3, 000 per address. All
repairs under $500 would continue to be covered under the Valley Service
Connection Minor Home Repair Program and would include both conventional
and mobile homes.
The United Way will manage the day to day operation of the Enhanced Program.
The Program Director will review all applications for eligibility and compliance
with Program requirements. The Program Director would also make the
determination as to which repairs or replacements should be allowed to qualify
under this program, including building code and health and safety code
violations. Building permits, if required would be obtained by participating
contractors.
The exact number of Enhanced Repairs projects will be determined by the
number of homes participating and those that require the maximum amount of
funding. Repairs may include repair or replacement of mobile home roofs,
heating and ventilation equipment, leveling of homes, plumbing, flooring, etc.
Repairs made under the Enhanced program would be billed to the
Redevelopment Agency, approved by the Redevelopment Operations Manager
and paid out of the funds allocated for this program.
Qualifying citizens would be seniors aged 62 and over and disabled persons.
The applicants would need to be able to show proof of ownership of their
conventional home or mobile home however they would not be required to own
the ground beneath their mobile home. Annual income would not exceed the
maximum amount allowed under the Valley Service Connection program for low-
income persons (currently $11 ,640 and increasing by $3,975 for each additional
member of the household beyond the applicant). Income amounts may increase
on an annual basis according to HUD and requirements and community needs.
Currently, the Valley Service Connection Program allows repairs to homes
outside of the San Jacinto City boundary due to the requirements of the CDBG
program. The Enhanced Program will be available only to City of San Jacinto
homeowners.
JUSTIFICATION :
The City/Redevelopment Agency currently provides funding for several housing
programs. Community Development Block Grant funds are used for the United
Way/Valley Service Connection Senior Home Repair Program for minor repairs.
Redevelopment Agency Housing Set-Aside funds are used for the Housing
Rehabilitation Program which provides grants up to $30,000 for rehabilitation of
single-family owner-occupied homes.
Page 2 of 3
The United Way has indicated, based upon the services that they provide, that
there is a need for enhanced repairs in the range of $500 to $3000 for low-
income seniors and handicapped homeowners (conventional and mobile homes).
To address this need the United Way has proposed the Enhanced Senior Home
Repair Program. The Agency's Low and Moderate Income Housing Set-aside
funds can be used to fund this new program.
BUDGETARYIMPACT:
The Agency has unallocated Low and Moderate-Income Housing Set-aside funds
based upon the FY 2004-05 Budget. These funds can be utilized to fund the
proposed Enhanced Senior Home Repair Program without reducing funding from
existing programs.
ATTACHMENTS:
Valley Service Connection Flyer
Page 3 of 3
seftlOrs
Do you need repairs on your home but cannot af ford the
high costO Valley Service Connection may be able to help ,
You may be eligible for up to $ '500t in home repairs
if you own your own home and live within the
city limits of San Jacinto .
a 9 9
This is a f ree service to qualifying seniors .
Qualifying seniors are .
Age 62 or better
a Low income
($ 11 �640/yr. single, $ 15, (P(S/yr. married)
Homeowners
A Program of
A�ai CO
6"i I ted NO
www.ccuw.org
For Jit Application and Alorc hijormation
Call k951) 9294173