HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 12/28/1993ADJOURNED REGULAR MEETING
AGENDA
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITYAND
THE SAN JACINTO FINANCING AUTHORITY
DATE: December 28, 1993
TIME: 7:30 P.M.
PLACE: COMMUNITY CENTER
625 South Pico
San Jacinto, California
1.0 CALL TO ORDER
Roll Call
Moment of Silence for Reflection
Pledge of Allegiance
2.0 ORDER OF BUSINESS
2.1 Adoption of Ordinance Approving and Adopting the Redevelopment Plan
for the San Jacinto Redevelopment Project. Amendment No. 1
RECOMMENDATION: Waive the reading in full and read by title only
(Second Reading), and adopt Ordinance No. 992 Approving and
Adopting the Redevelopment Plan for the San Jacinto Redevelopment
Project, Amendment No. 1 as the Official Redevelopment Plan for Said
Project.
ORDINANCE NO. 992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO
APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE SAN
JACINTO REDEVELOPMENT PROJECT, AMENDMENT NO. 1 AS THE OFFICIAL
REDEVELOPMENT PLAN FOR SAID PROJECT
2.2 Policy for Final Paving in New Subdivisions - Evans - Continued from
December 21. 1993
2.3.1 Soboba Village #4
RECOMMENDATION: City Council establish a Subdivision Paving
Policy; requiring the final one -inch asphalt cap be placed on new streets
at the completion of the last home in each phase of development or
within one year of the base coarse of asphalt; requiring the developer to
be responsible for any damage to pavement of other public
improvements due to construction activities; immediately calling bonds on
all existing subdivisions which are not in compliance with this Policy and
fail to place the final one -inch asphalt cap in conformance with this policy
and; declining to adopt an ordinance allowing developers reimbursement
for improvement costs covered by subdivision agreements.
3.0 ADJOURNMENT
Motion by: Seconded by: Action: to adjourn.
Vote:
I, Richard Brewer, City Clerk of the City of San Jacinto, do hereby certify that I caused
to be posted the foregoing agenda this 23rd day of December, 1993, as required by
law.
2
ALL
AGE DA
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
DATE: December 28, 1993
SUBJECT: Adoption of Ordinance No. 992
San Jacinto Redevelopment Project, Amendment No. 1
RECOMMENDATION
Staff recommends that the City Council adopt Ordinance No. 992, waive the reading of
the Ordinance in full and read by title only.
BACKGROUND
On December 21, 1993, the City Council introduced Ordinance No. 992, adding
approximately 3885 acres to the existing Redevelopment Project area
H:CCRPT\ADORD992
12-2H3 02:52PM FROM ST,r,'1? TO 9/19096549896 P002/E?
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN JACINTO APPROVING AND ADOPTING AMENDMENT
NO, ONE TO THE REDEVELOPMENT PLAN FOR THE SAN
JACINTO REDEVELOPMENT PROJECT
WHEREAS, the City Council of the City of San Jacinto (the "City Council") has adopted,
by Ordinance No. 754 on June 2S, 1983 (the "Previous Ordinance"), the Redevelopment Plan for
the San Jacinto Redevelopment Project (the "Redevelopment Pbsn" and the "Existing Project");
and
WHEREAS, the findings and determinations made by the City Council In the Previous
Ordinance are final and conclusive, no action having been timely brought to question the validity
of the Previous Ordinance or the findings or determinations of the City Council in adopting the
Previous Ordinance; and
WHEREAS, the City Council has received from the Redevelopment Agency of the City
of San Jacinto (the "Agency') the proposed Amendment No. One (the "Plan Amendment") to the
Redevelopment Plan, a copy of which Is on file at the office of the City Clerk, together with the
Report of the Agency including the reasons for the selection of the territory proposed to be added
to the existing territory lutated within the Existing Project (the "Added Territory") (the territory
located within the Existing Project, after addition of the Added Territory, is referred to herein as
the "Amended Project Area"), a description of the physical, social and economic conditions
existing in the Added Territory, the proposed method of financing the redevelopment of the
Amended Project Area, a plan for the relocation of families and persons who may be temporarily
or permanently displaced from housing facilities in the Amended Project Area, an analysis of the
Preliminary Plan Amendment, the report and recommendations of the Planning Coirunission of
the City of San Jacinto as to the conformity of the Plan Amendment with the City's General Plan.
the minutes of meetings with the Project Ares Committee ("PAC") and a summary of the record
of all information presented to or by the PAC, an environmental impact report on the Plan
Amendment (the "Final EIR'), the report of the county fiscal officer and the Agency's analysis
thereof, and a summary of consultations with taxing agencies, the report of the fiscal review
committee and the Agency's analysis thereof, and a Neighborhood Impact Report describing the
impact of the Plan Amendment upon the residents in the Added Territory and the surrounding
areas; and
WHEREAS, the Planning Commission of the City of San Jacinto has submitted to die
City Council its report and recotnmendations concerning the Plan Amendment and its certification
that the Plan Amendment conforms to the General Plan for the City of San Jacinto; and
WHEREAS, the City Council and the Agency held a joint public hearing on December 7,
1993, on the adoption of the Plan Amendumni. and
WHEREAS, notice of said hearing was duly and regularly published in a newspaper of
general circulation in the City of San Jacinto, once a week tor four successive weeks prior to the
52FM rROM TO 9/lO° 54989E P003/012
date of said hearing, and a copy of said noticed and affidavits of publication are on file with the
City Clerk and the Agency; and
WHEREAS, copies of the notice of joint public hearing were mailed by certified mail
with return receipt requested to the last known address of each assessee as shown on the last
equalized assessment roll of the County of Riverside for each parcel of land in the Existing
Project Area and the Added Territory; and
WHEREAS, copies of the notice of joint public hearing were mailed by certified mail
with return receipt requested to the governing body of each taxing agency which receives taxes
from property in the Existing Project Area and the Added Territory; and
WHEREAS, the Agency and the City have each independently found and determined that,
for certain significant effects identified by the Final EIS, mitigation measures and a Mitigation
Monitoring Plan therefor have been required in, or incorporated into, the Amended Project which
avoid or substantially lessen such effects; and
WHEREAS, the Agency and City have each independently found and determined that
potential mitigation measures or project alternatives not Incorporated into the Amended Merged
Project (including the "No Project" alternative) were rejected as infeasible based upon specific
economic, social or other considerations as set forth in the Final SIR. and the "Statement of
Overriding Considerations;" and
WHEREAS, the Agency, as the lead agency, and the City, as a responsible agency, have
certified the adequacy of the Final E]R submitted pursuant to Public Resources Code Section
21151 and Health and Safety Code Section 33352; and
WHEREAS, the City Council has considered the report and recommendation of the
Planning Commission, the report of the Agency, the Plan Amendment and its economic
feasibility, and the Final EIR, has provided an opportunity for all persons to be heard, and has
received and considered all evidence and testimony presented for or against any and all aspects of
the Plan Amendment and has made written findings in response to each written objection of an
affected property owner and taxing entity filed with the City Clerk before the hour set for such
joint public hearing.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES
ORDAIN AS FOLLOWS:
=DILI, The purposes and intent of the City Council with respect to the Amended
Project Area as it relates to the Plan Amendment are to accomplish the following:
(a) To implement the land uses and concepts of the General Plan and the Zoning
Ordinance, ma they may be amended from time to time.
(b) To eliminate plighting Influences within the Amended Project Area, including
deteriorating buildings, incompatible and uneconomic land uses, obsolete
structures, and other environmental, economic and social deficiencies; improve the
overall appearance of existing buildings, streets, parking areas and other facilities,
paxtus014 l 14241. 10.1
'12-20-9'3 02:52PM FROM
i0 9/19096549396
'1104/0
public and private; and assure that all buildings, new and old, are safe for persons
and businesses to occupy.
(c) To encourage cooperation and participation of residents, business persons, public
agent irei and community organizsions in revitalizing the Amended Project Area.
(d) To encourage private sector investment in the redevelopment of the Amended
Project Area.
(e) To prornote the economic well being of the area by encouraging diversification of
its commercial base.
(f) To promote development of diverse local job opportunities particularly for low -
and moderate- income residents.
(g) To provide adequate public improvements, public facilities, open spaces, and
utilities, the lack of which cannot be remedied by private or governmental action
without redevelopment.
(i)
To implement the construction or reconstruction of adequate streets and
transportation fewilities, curbs, gutters. street lights, storm drains, and other
improvements as necessary to correct existing deficiencies.
To provide for relocation assistance anti benefits to area businesses and residences
which may be displaced, in accordance with the provisions of the Community
Redevelopment Law and the Government Code of the State of California.
To make provision for affordable housing inside and outside the Amended Project
Area as is required to satisfy the needs and desires of various age, income, and
ethnic groups of the community, maximizing opportunity for individual choice,
(k) To provide a procedural and financial mechanism by which the Agency can assist,
complement and coordinate public and private development, redevelopment,
revitalization and enhancement of the community,
,Section Z. The City council hereby finds and determines, based on the evidence in the
record, including, but riot limited to, the Agency's Report to the City Council on the proposed
Plan Amendment, arid all documents referenced therein, and evidence and testimony received at
the joint public hearing on adoption of the Previous Ordinance that:
(a) The Amended Project Area is a blighted area, the redevelopment of which is
necessary to effectuate the public purposes declared in the California Community
Redevelopment Law (Health arid Safety Code Section 33000 a eee.). With
respect to the Existing project Area only, this finding is based on the City
Countifs findings contained in the Previous Ordinance, which found various
blighting conditions to characterize the Existing Project Area.
poBL!colii_114,241 Arrxm1 3
02,52PM
S7'
TO 9/19074989F "OO5/012
With respect to the Added Territory only, the City Council hereby finds and
determines, based on the evident in the record, including, but not limited to, the
Agency's Report to the City Council on the proposed Plan Amendment, and all
documents referenced therein, and evidence and testimony received at the joint
public hearing on adoption of the Plan Amendment held on December 7, 1993,
that:
The Added Territory is a blighted area, the redevelopment of which is necessary
to effectuate the public purposes declared In the California Community
Redevelopment Law (Health and Safety (wk. Section 33000 et seg,J. This finding
Is based on the following conditions which characterize the Added Territory:
(1) The existence of buildings and structures used or intended to be
used for living, commercial, inductrial or other purposes which arc
characterized by deterioration, dilapidation, age and obsolescence,
mixed character, shifting uses, and faulty exterior spacing; and
(2) The existence of properties which suffer from deterioration and
disuse because of inadequate public Improvements, facilities and
utilities, which cannot be remedied by private or governmental
action without redevelopment, particularly deficiencies in the
water, sewer, drainage and street systems; and
(3) Tiro existence of parcels that are of irregular form, shape, or size
for proper usefulness and development; and
(4) The existence of parcels that were laid out without regard to the
contours and other topography or physical characteristics of the
ground and surrounding conditions; and
(5) The presence of depreciated values, impaired investments and
economic maladjustment, poor maintenance, declining taxable
sales, declining rents and real property sale prices, and vacant or
underutilized buildings within the Added Territory; and
(6) The existence of social maladjustment, as exhibited by high crime
rates,
Such conditions are causing and will increasingly cause a reduction and lack of
proper utilization of the area to such an extent that it constitutes a serious
physical, social and economic burden on the City which cannot reasonably be
expected to be reversed or alleviated by private enterprise acting alone, requiring
redevelopment in the interest of the health, safety and general welfare of the
people of the City and the State. Evidence supporting this finding Includes the
fact that governmental action available to the City without redevelopment would
be: insufficient to cause any significant correction of the blighting conditions, and
that the nanere and costs of the public improvements and facilities and other
actions required to correct the blighting conditions are beyond the capacity of the
52PM ROM Sr''
TO 9/190965989F
,006/0ir)
City and cannot be undertaken or borne by private enterprise acting alone or in
concert with available governmental action.
(b) Since the adoption of the Redevelopment Plan, the Agency has made efforts to
eliminate such conditions of blight by funding needed infrastructure and assisting
new development. However, the City Council finds that the majority of
conditions described in the Agency's previous Report to the City Council have not
changed, and that there is a substantial need to eliminate deficient public
improvements and blighting conditions within the Existing Project Area. Such
conditions are causing and will increasingly cause a reduction and lack of proper
utilization of the Existing Project Area to such an extent that it constitutes a
serious physical, social and evariornic burden on the City which cannot reasonably
be expected to be reversed or alleviated by private enterprise acting alone,
requiring redevelopment in the interest of the health, safety and general welfare of
the people of the City and the State. Evidence supporting this finding includes the
fact that governmental action available to the City without redevelopment would
be insufficient to cause any significant correction of the blighting conditions, and
that the nature and costs of the public improvements and facilities and other
actions required to correct the blighting conditions arc beyond the capacity of the
City and cannot be undertaken or borne by private enterprise acting alone or in
concert with available governmental action.
(c) The Amended Project Area is a predominantly urbanized area. With respect to
the Existing Project Arra, this finding is based upon the City Council's findings
contained in the Previous Ordinance, which found that not less than eighty percent
(80%) of the privately owned property in the Existing Project Area (1) has been
or is developed for urban uses, or (2) is an integral part of an area developed for
urban uses, or (3) is characterized by subdividing and sale of lots of irregular
form and shape and inadequate size for proper usefulness and development, or (4)
is characterized by the laying out of lots in disregard of the contours and other
topography or physical characteristics of the ground ano surrounding conditions;
such finding was supported by the Agency's previous Report to City Council, and
the Redevelopment Plan adopted by the Previoua Ordinance is now final and
conclusive, With respect to the Added Territory, evidence supporting this finding
includes the Agency's 1993 Report to the City Council, which demonstrates that
riot less than eighty percent (80%) of the privately owned property in the Added
Territory (1) has been or is developed for urban uses; or (2) is an integral part of
an area developed for urban uses; or (3) is characterized by subdividing and sale
of lots of irregular form and shape and Inadequate size for proper usefulness and
development; or (4) is characterized by the Lavine out of lots in disregard of the
contours and other topography or physical characteristics of the ground and
surrounding conditions.
(d) The Amended Plan will redevelop the Amended Project Area in conformity wi
the Community Redeveloptnent Law and in the interests of the public peace,
health, safety and welfare. Evidence supporting this finding includes the fact that
the purposes of the Community Redevelopment Law would be attained by the
Amended Prejtxx; by Me elimination of areas suffering from economic disineation
PU5LAQ14114241E27551
2-20-2I2:22
t6M SY�,P,_
TO 9/l99'''4999F
or disuse; by the replanning, redesign and/or redevelopment of areas which are
stagnant or improperly utilized, and which could not he accomplished by private
enterprise acting alone without public participation and assistance; by protecting
and promoting sound development and redevelopment of blighted areas and the
generalweifare of the citizens of the City by remedying such injurious conditions
through appropriate means; and through the installation of new or replacement of
existing public improvements, facilities and utilities in areas which are currently
inadequately served with regard to such improvements, facilities and utilities.
(e) The adoption and carrying out of the Amended Plan is economically sound and
feasible. Evidence supporting this finding includes the fact that under the
Amended Plan the Agency will he authorited to seek and utilize a variety of
potential financing resources, including property and retail sales increment; that
the nature and timing of public redevelopment assistance will depend on the
amount and availability of such financing, resources, including tax increment,
generated by new investment in the Amended Project Area; that under the
Amended Plan no public redevelopment activity can be undertaken unless the
Agency can demonstrate that it has adequate revenue to finance the activity; and
that the financing plan included within the Agency's Report to the City Council
demonstrates that sufficient financial resources will be available to carry out the
Amended Project.
(2)
The Plan Amendment conforms to the General an of the City of San Jacinto,
including, but not limited to, the housing element of the General Plan, which
substantially compiles with the requirements of Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
This finding is based on the finding of the Planning Commission that the Plan
Amendment conforms to the General Plan for the City of San Jacinto.
The carrying out of the Amended Plan will promote the public peace, health,
safety and welfare of the City of San Jacinlu and will effectuate the purposes and
policies of the Community Redevelopment Law. Evidence supporting this finding
includes the fact that redevelopment will benefit the Amended Project Area by
correcting conditions of blight and by coordinating public and private actions to
stimulate development and improve the economic and physical conditions of the
Amended Project Area, and by increasing employment opportunities within the
City.
(h the condemnation of real property to the extent provided for in the Amended Plan
is necessary to the execution of the Amended Plan and adequate provisions have
been made for payment for property to be acquired as provided by law. Evidence
supporting this finding includes the need to assemble sites for certain public
facilities, to assemble developable units fur economic activity and the prevent the
recurrence of blight.
(i) The Agency has a feasible method and plan for the relocation of families and
persons who might be displaced temporarily or permanently from housing
facilities in the Amended Project Area. The Agency also has a feasible method
Pu :9014_114241 .1
-I: -9$ 02:52?M :EOM
TO 9/19096549896 '008/019
and plan for its relocation of businesses. Evidence supporting this finding
includes the fact that the Agency has adopted a plan for relocation of families,
persons and businesses by Agency projects, and upon the fact that the Amended
Plan provides for reloeetion assistance according to law, and the fact that such
assistance, including relocation payments, constitutes a feasible method for
relocation.
There are, or are being provided, within the Amended Project Area or within
other areas not generally lees desirable with regard to public utilities and public:
and commercial facilities and at rents Of prices within the financial means of the
families and persons who might be displaced from the Amended Project Area,
decent, safe and sanitary dwellings equal in number to the number of and
available to such displaced families and persons and reasonably accessible to their
places of employment. Evidence supporting this finding includes the information
contained in the Agency's Report to the City Council that no persons are expected
to be displaced as a result of the implementation of the Amended Plan, and that
even if some persons were to be displ: aa. there are sufficient existing dwellings
which would be available to persons displaced by the implementation of the
Amended Plan.
(k) All noncontiguous areas of the Amended Project Area are either blighted or
necessary for effective redevelopment and are not included for the purpose of
obtaining the allocation of taxes from the area pursuant to Section 33670 of the
health and Safety Code without other substantial justification for their inclusion.
With respect to the existing Project Area, this finding is based upon the City
Council's findings contained in the Previous Ondinanco. With respect to the
Added Territory, this finding is based upon the evidence in the record.
(I) Inclusion of any lands, buildings, or improvements which are not detrimental to
the public health, safety or welfare is necessary for the effective redevelopment of
the entire area of which they arc a part, and any such area is not included solely
for the purpose of obtaining the allocation of tax increment revenues from such
area pursuant to Section 33670 of the Community Redevelopment Law without
other substantial justification for its inclusion. Evidence supporting this finding
includes the fact that all properties within Amended Project Area boundaries were
included because they were underutilized because of blighting influences, or were
affected by the existence of blighting influences, or we necessary either to
accomplish the objectives and benefits of the Plan Amendment or because of the
need to impose uniform requirements on the Amended Project Area as a whole.
Such properties will share in the benefits of the Amended Preject.
(m) The elimination of blight and the redevelopment of the Amended Project Area
could not reasonably be expected to be accomplished by private enterprise acting
alone without the aid and assistance of the Agency. Evidence supporting this
finding includes the existence of blighting influences, including the lack of
adequate public improvements and facilities, and the inability of individual owners
and developers to economically remove these blighting influences without
substantial public assistance.
PuSt.:9014_114241==.1 7
02:52PM 'OM Sr-'
TO 9/19C -49 10 /'012
(n) The effect of tax increment financing will not cause a significant financial burden
or detriment to any taxing agency deriving revenues from the Amended Project
Area. With respect to the Existing Project Area only, this finding is based upon
the City Council's findings contained in the Previous Ordinance. With respect to
the Added Territory, evidence supporting this finding includes the fact that all
affected taxing agencies were consulted with or had the opportunity to be
consulted regarding the fiscal effects of the Plan Amendment, and the fact that
with regard to certain taxing agencies, the Agency has or will enter into fiscal
detriment mitigation -:reements under which it will make payments to or on
behalf of such agencies to alleviate identified financial burden or detriment.
Sectipn 3. The City Council is satisfied that permanent housing facilities will be available
within three years from the time residential occupants of the Amended Project Area, if any, are
displaced, and that pending the development of such facilities, there will he available to any such
displaced residential occupants temporary hooting facilities at rents comparable to those in the
City of San Jacinto at the time of their displacement. Evidence supporting this finding includes
the City Council's finding that no persons or families of low and moderate income shall be
displaced from residences unless and until there is a suitable housing unit available and ready for
occupancy by such displaced persons or families at rants comparable to those at the tine of' their
displacement. Such housing units shall be suitable to the needs of such displaced persons or
families and must be decent, safe, sanitary and otherwise standard dwellings.
Section 4. Written objections to the Plan Amendment filed with the City Clerk before the
hour set for hearing and ell written and oral objections presented to the City Council at the
hearing having been considered and, in the case of written objections received from Amended
Project Area property owners and affected taxing agencies, having been responded to in writing,
are hereby overruled,
Section 4. The Final Elk for the Plan Amendment, a copy of which is on file in the
office of the Agency and in the office of the City Clerk, having been duly reviewed and
considered, is hereby incorporated into this Ordinance by reference and made a part hereof. All
activities undertaken by the Agency and/or the City of San Jacirrto pursuant to or in
implementation of the Redevelopment Plan, as amended by the Plan Amendment, shall he
undertaken in accordance with the mitigation measures and Mitigation Monitoring Plan set forth
in the Final EIR, and the Agency shall undertake such additional environmental review or
asseaement as oecreasary at the time of the proposed implementation of such activities,
Section_ 6. That certain Amendment No. One to the Redevelopment Plan for the San
Jacinto Redevelopment Project, the map contained therein, and such other reports as are
incorporated therein by reference, a copy of which is on file in the office of the Agency and the
office or me City Clerk, having been duly reviewed and considered, together with the
Redevelopment Plan which was adopted by the Previous Ordinance, Is hereby incorporated into
this Ordinance by reference and made a part hereof, and as so inwrporated Is hereby designated,
approved, and adopted as the official redevelopment plan for the Existing Project, as amended by
the Plan Amendment.
Pus6:90 /4_1.14241
-12-93 02:52PM FROM R 70 9/1909654989 P010/0*'
Section 7 In order to implement and facilitate the effectuation of the Amended Plan
hereby approved, this City Council hereby: (a) pledges its cooperation in helping to carry out
the Amended Plan, (b) requests the various officials, departments, boards, and agencies of the
City having administrative responsibilities in the Amended Project Area likewise to cooperate to
such end and to MICercis o their respective functions and powers in a manner consistent with
redevelopment of the Amended Project Area, (c) stands ready to consider and take appropriate
action upon proposals and measures designed to effectuate the Amended Plan, and (d) declares its
intention to undertake and complete any proceeding, including the expenditure of moneys,
necessary to be carried out by the City under the provisions of the Amended Plan.
5ection 8. The City Clerk is hereby directed to send a certified copy of this Ordinance to
the Agency, whereupon the Agency is vested with die responsibility for carrying out the
Amended Plan.
Section 9. The City Clerk is hereby directed to record with the County Recorder of
Riverside County a description of the land within the Amended Project Area and a statement that
proceedings for the redevelopment of the • Project Area have been instituted under the
Community Redevelopment Law.
Section ID. The Building Department of the City is hereby directed for a period of two
(2) years after the effective date of this Ordinance to advise all applicants for building permit
within the Amended Project Area that the site for which a building permit is sought for the
construction of buildings or for other improvements is within a redevelopment project area.
Section 11, The City Clerk is hereby directed to transmit a copy of the description and
statement recorded by the City Clerk pursuant to Section 9 of this Ordinance, a copy or this
Ordinance, and a map or plat indicating the boundaries of the Amended Project Area, to the
Auditor -Controller and Assessor of the County of Riverside, to the governing body of each of the
taxing agencies which receives taxes from property in the Amended Project Area, and to the
Stare Board of Equalization, within thirty (30) days following the adoption of the Plan
Amendment.
Section 12. The City Clerk is hereby authorized and directed to certify to the passage of
this Ordinance and to cause the same to be published in a newspaper of general circulation which
is published and circulated in the City of San Jacinto.
Section 13. If any part of this Ordinance or the Plan Amendment which it approves is
held to be invalid for any reason, such decision shall not affect the validity of the remaining
portion of this Ordinance or of the Plan Amendment or Amended Plan, and this City Council
hereby declares that it would have passed the remainder of the Ordinance or approved the
remainder of the Plan Amendment if such invalid portion thereof had been deleted.
Section 14. This Ordinance shall be in full force and effect thirty (30) days after passage,
-93 02:52PM --ROM SY("Q
TO 9!190Q 49896 "011/01.2
Introduced and first read at a regular meeting of the City Council of the City of San
Jacinto held the 21st day of December, 1993, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 28th day of December, 1993, by the following roll
call vote:
Clty C
A
NOES: COUNCILMEMBERS:
ENT:
COUNCILMEMBERS:
ABSTAIN: COUNCIL MEMBERS:
1-20-91 12:52PM RPOM
TO 9/1909654989E '012/On
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF SAN JACINTO )
, City Clerk of the City of San Jacinto, do hereby certify that the foregoing
Ordinance Nn. wska introduced at a regular meeting of the City Council of the City of San
Jacinto, held on the 21st day of December, 1993, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 28th day of December, 1993, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS;
NOES: COUNCIL lvfEMBERs
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
AND I FURTHER CERTIFY that the Mayor of the City of San Jacinto signed said Ordinance
No. on the, day of December, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Jacinto this day of December, 1993.
CITY CLERK OF THE CITY OF SAN
JACtNTO
(SEAL)
I, City Clerk of the City of San Jacinto, do hereby certify that the foregoing is the
original Ordinance No. and was published once in the on the day of
, 1993.
CITY CLE1tK OF THE CITY OF SAN
JACINTO
Pultt.:9014 11424=11U
TO:
FROM:
AGENDA
STAFF REPORT
Honorable Mayor and Councilmembers
Les Evans, Director of Public Works
Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
DATE: December 28, 1993
SUBJECT: POLICY FOR FINAL PAVING IN NEW SUBDIVISIONS
RECOMMENDATION:
City Council establish a Subdivision Paving policy (1) requiring the final one -inch asphalt
cap be placed on new streets at the completion of the last home in each phase of
development or within one year of the base coarse of asphalt; (2) requiring the developer
to be responsible for any damage to pavement or other public improvements due to
construction activities; (3) immediately calling bonds on ail existing subdivisions which
are not in compliance with this Policy and fail to place the final one -inch asphalt cap in
conformance with this policy and (4) decline to adopt an ordinance allowing developers
reimbursement for improvement costs covered by subdivision agreements.
BACKGROUND:
This item was continued from the December 21, 1993 Meeting to allow the Council to
consider the issues in more depth. The Council also requested that the Soboba Village
property owners be notified of the meeting. As new subdivisions are approved, the City
enters into agreements with developers through which the developer agrees to install
public improvements (water, sewer, streets, sidewalk, etc.) within a certain time frame.
Historically, the City's policy regarding paving of streets in new subdivisions has been
to allow the developer to omit the top one -inch of pavement on new streets until after all
the homes in a phase or, in some cases, in a subdivision are completed. The advantage
of the delay in placing a final asphalt cap is that owners of new homes are provided a
freshly paved street rather than one which shows the wear and tear of a year or more
of construction traffic. Unfortunately, the downturn in the economic has created a
situation in which many developers have not built all the homes in their subdivisions and,
therefore, have not put the asphalt cap on the street. These developments include:
Summerchase
St. Michel
New Beginnings
Mountain View
Summer Hill
Treasures/Heartland
Sirco Development
Premier Development
Forecast Development
Cimarron Homes
Friedman Homes
Concordia
The streets in these subdivisions lack the final one -inch paving cap and suffer from
minor drainage problems, structural deficiencies and susceptibility to more rapid
deterioration.
The issues the City Council must consider are:
1. Should the City demand that the new streets receive a final cap
within a certain time frame? If so, what is the time frame?
2, If a final cap is placed and the streets are damaged during later
home construction should the developers bear the cost of repair?
3. Should the City call bonds on subdivisions where the developer is
unwilling or unable to complete the street paving?
4. Should the City adopt an ordinance which would allow a developer to
recover his/her costs of improvements if his/her project is foreclosed
and later completed by another developer?
Regarding the issue of cost recovery, Harry Bigham has not been successful in acquiring
the 52 lots he does not control within Soboba Village #4. He does not have a loan to
complete all the improvements and is unable to obtain one. However, he feels his lender
might be willing to loan the money if it was secure in knowing this City would require the
later developer to pay back the bank via the City. Our attorneys advise this can only be
accomplished by adoption of an ordinance. The Council should note such an ordinance
would apply to more than Village 4.
RESOLUTION NO.
RESOLUTION OF THE SAN JACINTO REDEVELOPMENT AGENCY
AUTHORIZING EXECUTION OF AN AGREEMENT BY AND BETWEEN
THE SAN JACINTO REDEVELOPMENT AGENCY AND THE SAN
JACINTO UNIt LED SCHOOL DISTRICT (AMENDMENT NO. 1 TO THE
SAN JACINTO REDEVRI OPMENT PROJECT)
WHEREAS, by Ordinance No. 754, adopted June 28, 1983, City Council of the City of
San Jacinto (the 'City Council") approved the Redevelopment Plan (the 'Original Plan") for the
San Jacinto Redevelopment Project (the "Original Project"); and
AS, the Original Plan includebd provisions for tax increment financing with
respect to the project area as originally established (the "Original Project Area"); and
WHEREAS, by Ordinance No. 754, adopted by the City Council of the City of San
Jacinto on June 28, 1983, the Agency was authorized to undertake the redevelopment of the area
therein designated as the Redevelopment Proiect Area (the "Original Project Area") of the San
Jacinto Redevelopment Project (the "Project"); and
WHEREAS, the Agency and the San Jacinto Unified School District (the "District")
entered into an Agreement dated as of June 28, 1983 (the "1983 Agreement"), which. in part.
provided for the Agency to make certain payments from time to time to the District; and
WHEREAS, on April 14, 1993, the Planning Commission of the City of San Jacinto
approved Resolution No. 93-14. establishing boundaries for a proposed amendment ('Amendment
No. 1 ") adding territory (the "Added Area") to the Project; and
WHEREAS, the Agency has proposed by an Amended Redevelopment Plan (the
"Amended Plan") to make numerous substantive changes to the Original Redevelopment Plan;
and
WHEREAS, meetings have been held by representatives of the Agency and
representatives of the District, to discuss Use fiscal impact of the Project as amended by the
Amended Plan; and
WHEREAS, to alleviate any financial burden or detriment which the Project as su
amended may ra'>s. the District, and to amicably resolve any differences regarding the Project as
so amended, the parties hereto enter into this Agreement: and
WHEREAS, the District has approved agreement (the "Agreement") which is attached
hereto and incorporated by reference herein providing for certain payments to the District, which
payments will, together with those made pursuant to the 1983 Agreement, alleviate any adverse
fiscal impact on the District resulting from the Project and Amendment No. 1.
NOW, THEREFORE. THE SAN JACINTO REDEVELOPMENT AGENCY DOES
RESOLVE AS FOLLOWS:
Section 1: The Agency finds the: (a) the Project as amended will cause a financial
burden or detriment to the District and that the payments as are provided for in the Agreement
are necessary to alleviate the financial burden or detriment of the District; and (b) the Agreement
alleviates any such financial burden or detriment,
Section 2: The Chairman and the Clerk of the Agency are authorized the execute the
Agreement, and to cause payments to be made to the District pursuant to the Agreement.
PASSED, APPROVED AND ADOPTED this day of , 1993 at a regular
meeting of the San Jacinto Redevelopment Agency by the following vote'
AYES:
NOES:
ASSENT:
ABSTAIN:
ATTEST:
Secretary
PULLYYJ3_I I94I HT/0J.1
Chairman
2 11/07/G3
} ntf eT, .f'Iw 'riJ�V
AGREEMENT BY AND BETWEEN
THE SAN JACINTO REDEVELOPMENT AGENCY
AND THE SAN JACINTO UNIFIED SCHOOL DISTRICT
(SAN JACINTO REDEVELOPMENT PROJECT, AS AMENDED [19931)
THIS AGREEMENT is made and entered into this day of
1993, by and between the SAN JACINTO ' ` I VELOPMENT AGENCY (the 'Agency") and
the SAN JACINTO t D SCHOOL DISTRICT (the 'District").
RECITALS
WHEREAS, the Agency is a redevelopment agency existing pursuant to the provisions of
the Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.)
which has been authorized to transact business and exercise the powers of a redevelopment
agency pursuant to action of the City of Council of the City of San Jacinto; and
WHEREAS, by Ordinance No. 754, adopted by the City Council of the City of San
Jacinto on lune 2R, 1441. the Agency was alithorintrl to undertake the redevelopment of the area
therein designated as the Redevelopment Project Area (the "Original Project Area") of the San
Jacinto Redevelopment Project (the "Project'); and
WHEREAS, the Agency, the City of San Jacinto (the "City'), and the District entered
into an Agreement dated as of June 28, 1983 (the "1983 Agreement"), which, in part, provided
for the Agency to make certain payments from nme to time to the District; and
WHEREAS, the District and the City entered into an Agreement dated as of
December 4, 1991 (the "1991 Agreement'), pursuant to which the parties negotiated and set forth
a formula Tor determining payments to be made by the Agency to or on behalf of the District in
connection with territories added to a redevelopment project area after Twember 4. 1993; and
AS, the parties agree that any payments by the Agency to a "Capital Account"
las hereinafter defined) for the benefit of the District should be accomplished on the basis set
forth in this Agreement; and
WHEREAS, on April 14, 1993, the Planning Commission of the City of San Jacinto
approved Resolution No. 93-14 establishing boundaries for a proposed amendment adding
additional territory (the "Added Area') to the Project; and
• the Agency has proposed by an Amended Redevelopment Plan (the
"Amend Plan") to make numerous substantive dtanges to the Original Redevelopment Plan;
and
t • the District desires that the obligation of the Agency to make payments to
the District in connection with the Project as amended by the addition of the Added Area and in
connection with the adoption of the Amended Plan be set forth at this time and prior to the date
AB 1290 (Isenberg) should become applicable; and
gi90965�
WHEREAS, meetings have been held by representatives of the Agency and
representatives of the District, to discuss the fiscal impact of the Project as amended by the
Amended Plan; and
WHEREAS, to alleviate any financial burden or detriment which the Project as so
amended may cause the District, and to amicably resolve any differences regarding the Amended
Plan: and
the District supports the Amendment;
NOW, THEREFORE, in consideration of the foregoing, and for their mutual advantage
and concern. the parties do hereby agree as follows:
COVENANTS
1. Definitions. The words and terns used in this Agreement shall have the
following meanings:
(a) "Added Area" shall mean that territory added to the Project Area in
connection with the Amendment of 1993.
(b) "Amendment of 1993" means the proceedings to amend the Project during
1993 including the adoption of the Amended Plan, in the form hereafter established by ordinance
of the City, and which will provide, among other things, for the addition of the Added Area to
the Project.
(c) "Amended Project' means the Project as amended by the Amended Plan.
(d) "Agency" shall mean the San Jacinto Redevelopment Agency.
(e) "Capital Account" or "Account" shall mean an account which shall be
maintained by the Agency, as nominee of the District, or such other nominee as the District may
from time to time designate in writing to the Agency, as more particularly described in Sections 2
and 3 of this Agreement,
(l) "City" shall mean the City of San Jacinto.
(g) "County" shall mean the County of Riverside, a political subdivision of the
State of California.
(h) "District" shall mean the San Jaeintu Unified School District,
(i) "Fiscal Year" shall mean the period from July 1 to and including the
following June 30.
(J) "1-frozen Base" shall mean me assessed valuation Pcrabiished, as to the
Original Project Area, by the 198Z-83 roll (secured roll), and established, as to the Added Area,
by the 1993-94 roll (secured roll)_
PURL: l U133 1 I V41 Ario3. I
2
2r U43
(k) "Original Ordinance" shall mean Ordinance No. 754 adopted by the City
Council of the City of San Jacinto on June 18, 1983.
(1) "Original Plan" or "Original Redevelopment Plan" shall mean the
Redevelopment Plan for the San Jacinto Redevelopment Project Area as approved by Ordinance
No. 754 of the City.
(m) "Original Project Area* shall mean that portion of the Project Area as
identified in the Original Plan.
(n) 'Project' means the San Jacinto Redevelopment Project.
(a) "Project Area" means the Original Project Area and the Added Area,
(p) "Property Tax Increment" shall mean the full amount of property tax
revenues attributable to increases in assessed valuation above the valuation shown on die Frozen
Base, which tax revenues are allocated, paid to, and received by the Agency pursuant to
California Health and Safety Code Section 33670(b) from that portion of the Project Area located
within the boundaries of the District.
(a) "Term" shall be the forty-five year period commencing with the adoption
of the Amended Plan.
2. Payment by Agency to the Capital Account. In each Fiscal Year during the
Term, subject to the provisions of Section 3 of this Agreement, the Agency shall pay to the
Capital Account an amount equal to the following: thirteen and seven -tenths cents ($0.137) of
each one dollar (51.00) of Property Tax Increment received by the Agency as to the Added Area
during such Fiscal Year.
In addition to the foregoing, in each Fiscal Year during the Term, the Agency shall pay
to the District, an amount equal to property tax revenue allocated and paid to the Agency
pursuant to Health and Safety Code Section 33670(b) from the Added Area which is attributable
to increases in the rate of tax imposed for the benefit of the District, applicable to the Original
Project Area and the Added Area which levy occurs after Frozen Base applicable to the Original
Project Area and Added Area, respectively.
Agency shall pay to theC. ital Account (pursuant to the first paragraph of this Section 2)
or to the District (pursuant to the second paragraph of this Section 2) the appropriate amounts as
so du jpursuant to this Agreement during each Fiscal Year within a reasonable period after
Agency receives such revenues from the County Auditor -Controller provided that payments in
relation to allotments received between July 1 and Dxerr,ber 31, of any Fiscal Year shall be
made no later than the following February 28; and that payments in relation to allotments
received between January I and June 30, of arty Fiscal Year shall be made no later than the
following June 30.
3. Use of Capital Amount. The Capital Arrrvnnt shall be maintained in a financial
or other institution designated in writing from time to time by the District_ interest upon moneys
Pua.10233_1194182763.1 3 12/22/93
J
in the Capital Account shall accrue for use as part of the moneys in the Capital Account.
Promptly upon receipt of written request of the District from time to time, the Agency (or such
other entity as the District may from time to time nominate to maintain the Capital Account) shall
cause moneys in the Capital Account to be expended for the construction or rehabilitation of
school facilities as specified by the District. The Agency (or other entity maintaining the Capital
Account) shall be entitled to charge amounts to reflect the estimated costs of maintaining the
Capital Account, as follows: one thousand dollars ($1,000) per Fiscal Year, as adjusted by the
Consumer Price Index as published from time to time for the Riverside area. Moneys deposited
in the Capital Account are to be maintained in an interest -bearing account. The custodian at the
Capital Account is chargeable with a duty of reasonalsle care in keeping such moneys. Interest is
to be retained within the Capital Account; however, the party maintaining the Capital Account is
not obligated to maximize potential Interest earnings.
4. Setoffs, The parties agree that the amounts payable to the Capital Account by the
Agency pursuant to this Agreement shall be reduced by amounts equal to each of the following,
with the reduction to be applied at the earliest time deemed feasible by the Agency:
(a) the cost of such land and improvements with respect to projects which the
District may request and the Agency may, in its sole discretion, provide assistance; and
(b) monies received by the District pursuant to Health and Safety Code Section
33676(a)(2) in relation to all or arty portion of the Amended Redevelopment Project.
5. General, Notwithstanding any other provisions of this Agreement to the contrary:
(a) the Agency's obligation to make payments pursuant to this Agreement in any single Fiscal
Year shall not: (i) exceed the amount of Property Tax Increment which would have been
received by the District if all the Property Tait Increment from the Added Area had hrrn
allocated to all the affected taxing agencies without regard to the division of taxes required by
Health and Safety Code Section 33670; (ii) violate the expenditure limitation under Article XIIIB
of the California Constitution: or (iii) be contrary to any provision of the laws of the State of
California.
6. Agency Indebtedness. The Agency's respective obligations hereunder to make
payments to the District constitute an indebtedness of the Agency within the meaning of
California Health and Safety Code Section 33670(b).
7. Limited Effectiveness of 1983 Agreement. Effective upon the execution of this
Agreement by the Agency and the District, the 1983 Agreement shall apply only to the Original
Project Area,(and shall otherwise be of no further force and effect)— r•—• \- �5
8. `Covenant Not to Sue and Miscellaneous Matters Relating to Litigation. The
District hereby waives any and all causes of action, rases, claims, counts, actions, and/or
nts relating to the Amended Plan, and agrees not to challenge or to participate in a
mannerLid\erse to the Agency')in any proceeding or action which would challenge the validity of,
the Amended plan and/or the validity, on the grounds of the invalidity of the Amended Plan, of
bonds to finance or refinance in whole or in part the Amended Plan, including, without limiting
the generality of the foregoing, the legality and validity of all proceedings theretofore taken for
or in any way connected with the adoption of the Amended Plan, and also including the legality
Puw.10253 1194162763.1
4 12712193
nil
1
and validity of all proceedings heretofore taken relative to the Amended Plan and the
Environmental Impact Report for the Amended Plan.
Remedies. If any party to this Agreement falls to perform any of their obligations
hereunder, the other parties hereto shall be entitled to any :uai all rentedies available at law ur ltl
equity.
10. Entire Agreement. This Agreement constitutes the entire understanding and
agreement among the parties and supersedes all previous negotiations among them pertaining to
the subject matter hereof. Each party to this Agreement acknowledges that no representation by
any party which is not embodied herein or in any other agreement, statement or promise not
contained in this Agreement shall be valid and binding. Each party to this Agreement has been
advised by counsel of its choosing and in entering into this Agreement is relying upon its own
investigation and evaluation and not upon any representations by any other party. The payments
herein provided constitute a full. complete, fair, and equitable adjustment for all financial and
other impacts which have or may result in the District during the Term from the Amended Plan
or its implementation. Except for the payments required by the terms of this Agreement at be
by the Agency from Property Tax Increment to the District, all Property Tax increment
and(uch other revenues as may he rereived by the Agency\shall be solely the property of the
Agency, to be applied in such a manner as the Agency shall, from time to time, deem
appropriate. This Agreement shall remain in effect during the Term, and shall not be changed or
modified except by written agreement of the parties. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors and assigns.
11, Counterparts and Execution. This Agreement may be executed in multiple
counterparts, and each of which shall he deemed an original Agreement, and all of which
constitute one Agreement.
12, Interpretation and Governing Law. This Agreement shall be construed as if
prepared by each of the parties herein. The provisions of this Agreement shall be construes and
enforced in accordance with the laws of the State of California.
13. Notices. All notices and othea t oinmunications given hereunder shall be in
writing and shall he delivered or mailed by registered or certified mail, return receipt requested,
and postage prepaid, addressed as follows:
If to District: SAN JACINTO UNIFIED SCHOOL DISTRICT
600 Main Street
San Jacinto, California 92583
If to Agency SAN JACINTO REDEVELOPMENT AGENCY
201 East Main Street
San Jacinto, California 925R3
14. Severability. In case any provision of this Agreement shall be invalid, illegal or
unenforceable, such prevision snail be severable from the rest of this Agreement and the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
euei.:10253_11941 62763.1 5 12,22/93
di
FFM
15. Headings. Headings of the sections of this Agreement are inserted for
convenience only and shall not be deemed to constitute a part hereof.
16. No Waiver. No delay or omission in the exercise of any right or remedy
available hereunder shall impair such right or remedy or be construed as a waiver. Any waiver
of any default or condition hereunder must be in writing and shall not be construed as a waiver
of any other default or condition concerning the same or any other provision of this Agreement.
17. General Standard obleness. Any provision of this Agreement which
requires the consent or approval of any other party shall be deemed to require that such consent
or approval not be unreasonably withheld or delayed, unless such provision expressly
incorporates a different standard.
18. Cooperation. The parties hereby each agree hereafter in good faith to execute
such further or additional documents and to take such other actions, as may be reasonably
necessary or appropriate to fully carry out the intent and purposes of the parties as set forth in
this Agreement. The District and the Agency mutually agree to assist each other in the
implementation of the Amended Project in accordance with applicable state and federal laws.
The District and Agency shall supply to one another such information and reports as from time to
time either may require to undertake their respective obligations,
IN WITNESS WHEREOF, the parties have caused this Agreement to he executed on the
dare first hereinabove written.
DATED:
SAN JACINTO REDEVELOPMENT
AGENCY, a public body, corporate and
politic
1993. By:
Chairman
SAN JACIN1O U,N1HEI) SCHOOL
DISTRICT
DATED: 1993. By:
Its:
ATTEST:
ruea.:.o333 ; 194 I B7.76a.t
P ICI
t7
lc-
L
AGREEMENT BY AND BETWEEN
SAN JACINTO REDEVELOPMENT AGENCY,
CITY OF SAN J CLNT
AND SAN JACINTO UNIFIED SCHOOL DISTRICT
(SAN JACINTO REDEVELOPMENT PROJECT, AS AMENDED [19931)
THIS AGREEMENT is made and entered into this day of
1993, by and between the SAN JACINTO REDEVELOPMENT AGENCY (the "Agency"),
it CITY W SM4 JACINTO (the 'City") and the SAN JACINTO UNIFIED SCHOOL
DISTRICT the ("District"),
RECITALS
WHEREAS, the Agency is a redevelopment agency existing pursuant to the
provisions of the Community Redevelopment Law (California Health and Safety Code Section
33000 rd. i.), which has been authorized to transact business and exercise the powers of a
redevelopment agency pursuant to action of the City Council of the City of San Jacinto; and
WHEREAS, by Ordinance No. 754, adopted by the City Council of the City of San
Jacinto on June 28, 1983 the Agency was authorized to undertake the redevelopment of the
area therein designated as the Redevelopment Project Area (the "Original Project Area") of
the San Jacinto Redevelopment Project (the "Project"); and
WHEREAS, Agency, the City and the District entered into an Agreement dated as of
June 28, 1993 (the "1983 Agreement"), which, in part, provided for the Agency to make
certain payments from rime to time to the District; and
WHEREAS, the parties are not in agreement as to the interpretation of portions of the
1983 Agreement, specifically with regard to those provisions of the 1983 Agreement which
provide for computation of the amounts payable by the Agency to the District; and
WHEREAS, the District, t Agencau and the City previously also entered into an
Agreement dated as of December 4, 1991 (the "1991 Agreement"), pursuant to which the
parties negotiated and set forth a formula for determining payments to be made by the
Agency to or on behalf of the District in connection with territories added to a redevelopment
project area after December 4, 1991; and
WHEREAS, the 1991 Agreement further provides that no final maps relating to
residential development within the City shall be approved unless the property identified on
such map is part of the legal boundaries of a Community Facilities District ("CFD")
established by the Disn-ict pursuant to the Mello -Roos Community Facilities District Act of
t3AKW&G/AN:AJH ,./ G3I 02
B:/:tlM3
-1-
1 114 P . e: 1 n
1./—
ti
It
1982, as amended, for the purpose of financing school facilities needed to house the students
expected to be generated by residential development within the City, which CFD and its
special taxes are consistent with the 1991 Agreement; and
WHEREAS, the District established "Community Facilities District No.1 of the San
Jacinto Unified School District" ("CFD No.1") by approval of the District's Resolution No.
91-92-10 on December 17, 1991; and
WHEREAS, the parties agree that any payments by the Agency to a "Capital
Account" (as hereinafter defined) for the District should be accomplished on the basis set
forth in this Agreement; and
WEIEREAS, on April 14, 1993, the Planning Commission of the City of San Jacinto
approved Resolution No. 93-14 establishing boundaries for a proposed amendment adding
additional territory (the "Added Area") to the Project; and
WHEREAS, the Agency has proposed an amended redevelopment plan (the
"Amended Plan"), which plan as proposed also anticipates Aie development of approximately
1200 additional residential dwelling units that will requirl2 School Facilitiesl°at—an
C (uc lrr xzr�ihrk Cunt" y, and
v+``'F WHEREAS,-C-iFT ad Agency have requested that the District acknowledge that
payments fro Agency • _ e will fund die School Facilities Cat and
associated •sts to the Age ' y regarding the im,yacts of redevelopment within the C. y an
the extent and scope of fir•.ncial burden or de imen[, as defin in Section 3301 of the
Redevelo.ment Law, po -ntially to be incur•ed by the Distri , and
AS, the Build °g Industry of Sou ern California an certain home-bu
developers ha questioned the =.lidity and are liti ting the provision of the 1991
Agreement there : jeopardizing receipt of funds District which, i uch should occ
would leave unmttig ted School Fac t impacts of the ended Project of ncy; and
WHEREAS, the District desires that the obligation of the Agency to make payments
to the District in connection with the Project as amended by the addition of the Added Area
C)V- and in connection with the adoption of the Amended Plan be set forth at this time and prior
to the date AB 1290 (Isenberg) should become applicable; and
WHEREAS, meetings have been held by representatives of the Agency and
t` representatives of the District, to discuss the fiscal impact of the Amended Plan ; and
WHEREAS, Cit District and Agency have found and determined that it would
(Jt the best interest of th Ci the District and the Agency to set forth the terms and conditions,
including the Agencyf ram. ... District, to be used for the
No
tiAKWFGIAG:AJN/in/d>+}1.6-' / Qom,, ,�y„�y+ .QLLes2i.fvj�!// 4 I
o
I27LZ-1/ 21,..)) Ate'
Da LE -.7f 17: Clz. P4-41 D 714 . 1 . LID i 4
P. 10
rehabilitation, construction, and reconstruction of public school facilities, including land
acquisition and administrative costs directly related to such rehabilitation, construction,
reconstruction and land acquisition fo serve the Added Area, and further set forth the terms
and conditions pursuant to which the City and Agency will cooperatively assist the District in
improving public school and educational facilities within the City and alleviate the financial
burden and detriment to the District.
NOW, THEREFORE, in consideration of the foregoing, and for their mutual
advantage and concern, the parties do hereby agree as follows:
COVENANTS
1. Definitions. The words and terms used in this Agreement shall have the
following meanings:
(a) "Added Area" shall mean that territory added to the Project Area in
connection with the Amendment of 1993.
(b) "Amendment of 1993" means the proceedings to amend the Project
during 1993 including the adoption of the Amended Plan, in the form hereafter established by
ordinance of the City, and which will provide, among other things, for the addition of the
Added Area to the Project.
Plan.
(c) "Amended Project" means the Project as amended by the Amended
(d) "Agency" shall mean the San Jacinto Redevelopment Agency.
(e) "Capital Account" or "Account" shall mean an account which shall be
maintained by the Agency, as nominee of the District, or such other nominee as the District
may from time to time designate in writing to the Agency, as more particularly described in
Sections 2 and 3 of this Agreement.
(t) "City" shall mean the City of San Jacinto.
(g)
"County" shall mean the County of Riverside, a political subdivision of
the State of California.
(h) "District" means the San Jacinto Unified School District.
(i) "Fiscal Year" shall mean the period from July 1 to and including the
following June 30.
-3-
13MCW&GIAB:A914/.u./61831.02
12/2S/93
: Dz. BI-+, C-1-1-C7:,`,, I •
•
(j) "Frozen Base" shall mean the assessed valuation established, as to thc
Original Project Area, by the 1982-83 roll (secured roll), and established, as to the Added
Area, by the 1993-94 roll (secured roll).
(k) "Original Ordinance shall mean Ordinance No. 754 adopted by the
City Council of the City of San Jacinto on June 18, 1983.
(1) "Original Plan" or "Original Redevelopment Plan" shall mean the
Redevelopment Plan for the San Jacinto Redevelopment Project Area as approved by
Ordinance No. 754 of the City.
(m)
"Original Project Area" shall mean that portion of the Project Area a
identified in the Original Plan.
(n) "Project" means the San Jacinto Redevelopment Project.
(0)
"Project Area" means the Original Project Area and the Added Area.
(p) "Property Tax Increment" shall mean the full amount of property tax
revenues attributable to increases in assessed valuation above the valuation shown on the
Frozen Base, which tax revenues are allocated, paid to, and received by the Agency pursu:
to California Health and Safety Code Section 33670 (b) from that portion of the Project At
located within the boundaries of the District.
(q) "Term" shall be the forty-five year period commencing with the
adoption of the Amended Plan.
2. Payment by Agency to the Capital Account. In each Fiscal Year
during the Term, subject to the provisions of Section 3 of this Agreement, Agency agrees
pay to the District an amount equal to the following:
(a) Thirteen and seven -tenths ($0.137) of each one dollar ($1.00) of
()V— Property Tax Increment received by the Agency as to the Added Area durin
such Fiscal Year.
(b). In addition to the foregoing, in each Fiscal Year during the Te
Agency shall pay to the District that o yen allocate
and paid to the Agency pursuant to Health and Safety Code Section 33670(b
which is attributable to increases in the rate of tax imposed for the benefit o:
the District, applicable to the Original Project Area and the Added Area whi
levy occurs after the Frozen Base applicable to the Original Project Area an(
Added Area,
-4-
fiA102/44G/A111:A.R4hudbe I 02
I2r2V43
f
DEC.1:= :ii.+
P.
Agency shall pay to the It,lc amounts due pursuant to this Agreement during east
Fiscal Year within a reasonable p 'riod after Agency receives such revenues from the Count
Auditor -Controller provided that payments in relation to allotments received between July 1
and December 31 of any Fiscal Year shall be made no later than the following February 28
and that payments in relation to allotments received between January 1 and June 30 of any
Fiscal Year shall be made no later than the following June 30.
3. Use of Capita) Account. The Capital Account shall be maintained in
financial or other institution designated in writing from time to time by the Di
Proceeds of the Account, including accrued interest, shall be expende ards and/or used
��� 1 to pay the principal of and interest on loans, money advanced r indebtedness (whether
funded, refunded, assumed or otherwise •urn • .• :' trtct to finance or refinance, in
y.\ whole or in part, the District's Publi chool Facilities and for any other purpose e merat
in Education Code Section 42238( (7) as specified by the District. The Agenc or other
entity maintaining the Capital Account) shall be entitled to charge amoun o reflect the
estimated costs of maintaining the Capital Account, as follows: dollars (S) p
Fiscal Year, as adjustdAy7the Consumer Price Index as published from time to time for tt
Riverside Area. Moneys deposited in the Capital Account are to be maintained in an inters
bearing account_ The custodian of the Capital Account is chargeable with a duty of
reasonable care in keeping such moneys. Interest shall accrue, and is to be retained within
the Capital Account, for the benefit of the District; however, the party maintaining the
Capital Account is not obligated to maximize potential interest earnings.
4. Setoffs. The parties agree that the amounts payable to the District b\
the Agency pursuant to this Agreement shall be reduced by the cost of such land and
improvements with respect to projects which the District may request and the Agency may,
its sole discretion, provide assistance, with the reduction to be applied at the earliest time
deemed feasible by the Agency:
5. General. Notwithstanding any other provisions of this Agreement to
the contrary: (a) the Agency's obligation to make payments pursuant to this Agreement in
any Fiscal Year shall not: (i) exceed the amount of Property Tax Increment which woul,
have been received by the District if all the Property Tax Increment from the Added Area
had been allocated to all the affected taxing agencies without regard to the division of taxes
required by Health and Safety Code Section 33670; (ii) violate the expenditure limitation
under Article XIIIB of the California Constitution; or (iii) be contrary to any provision of t
laws of the State of California; a any amount
o the District pursuant to
6. Agency Indebtedness. The Agency's respective obligations
hereunder to make payments to the District shall constitute an indebtedness of the Agency
within the meaning of California Health and Safety Code Section 33670(b).
-5-
UAKW&CIA.fl AJN/ya/6bi 1.0.
12t18/93 lY�L�!
P . ' 11_1
7. Limited Effectiveness of the 1983 Agreement. Effective upon the
execution of this Agreement by the Agency and the District, the 1983 Agreement shall apply
only to the Original Project Area.CS►a,tc U{+— -+- . .c7
8. Covenant Not to Sue and Miscellaneous Matters Relating to
Litigation. The District hereby waives any and all causes of action, cases, claims, counts,
actions, and/or complaints relating to the Amended Plan, and agrees not to challenge or to
participate in any proceeding or action which would challenge the validity of the Amended
Plan, of bonds to finance or refinance in whole or in part the Amended Plan, including,
without limiting the generality of the foregoing, the legality and validity of all proceedings,
theretofore taken for or in any way connected with the designation of the survey area of the
Added Area, the selection of the Added Area, the formulation of the Preliminary Plan for the
Added Area, and the Adoption of the Amended Plan, and also including the legality and
validity of all proceedings theretofore taken relative to the Amended Plan and the
Environmental Impact Report for the Amended Plan.
9. Remedies. If any party to this Agreement fails to perform any of their
b tv obligations hereunder, the other parties hereto shall be entitled to any and all remedies
available at law or in equity.
10. Entire Agreement. This Agreement constitutes the entire
understanding and agreement among the parties and supersedes all previous negotiations
among them pertaining to the subject matter hereof. Each party to this Agreement
acknowledges that no representation by any party which is not embodied herein or in any
other agreement, statement or promise not contained in this Agreement shall be valid and
binding. Each parry to this Agreement has been advised by counsel of its choosing and in
entering into this Agreement is relying upon its own investigation and evaluation and not
upon any representations by any other party. The payments herein provided constitute a fu
complete, fair, and equitable adjustment for all financial and other impacts which have or
may result in the District during the Term from the Amended Plan or its implement
Except for the payments required by the terms of this Agreement to be mad: e Agency
from Property Tax Increment to the District, all Property Tax Incremen •shall be solely the
property of the Agency, to be applied in such manner as the Agency shall, from time to time,
deem appropriate. This Agreement shall remain in effect during the Term, and shall not be
changed or modified except by written agreement of the parties. This Agreement shall be
binding upon and inure to the benefit of the parties hereto and their respective successors and
assigns.
11. Counterparts and Execution. This Agreement may be executed in
44' multiple counterparts, and each of which shall be deemed an original Agreement, and all of
which constitute one Agreement.
ash- fre.sez q-`
-6- 44447hL do6 "6
MKW4G/Au:A$N, i 31.02
1212E/93
°
12. Interpretation and Governing Law. This Agreement shall be
construed as if prepared by each of the parties hereto. The provisions of this Agreement
shall be construed and enforced in accordance with the laws of the State of California.
13. Attorney's Fees. Should any litigation be commenced among the
parties hereto or their representatives concerning any provision of this Agreement or the
rights and duties of any person or entity in relation thereto, the party or parties prevailing in
such litigation shall be entitled, in addition to such other relief as may be granted, to a
reasonable sum as and for its attorneys' fees in such litigation.
14. Notices. All notices and other communications given hereunder shall
be in writing and shall be delivered or mailed by registered or certified mail, return receipt
requested, and postage prepaid, addressed as follows:
If to District:
If to Agency
or City.
SAN JACINTO UNIFIED SCHOOL DISTRICT
600 Main Street
San Jacinto, California 92583
S.> tLrA
201 East Main Street
San Jacinto, California 92583
15. Severability. In case any provision of this Agreement shall be invalid,
illegal or unenforceable, such provision shall be severable from the rest of this Agreement
GL and the validity, legality and enforceability of the remaining provisions shall not in any way
be affected or impaired thereby.
16. Headings. Headings of the sections of this Agreement are inserted for
OK -convenience only and shall not be deemed to constitute a part hereof.
17. No Waiver. No delay or omission in the exercise of any right or
remedy available hereunder shall impair such right or remedy or be construed as a waiver.
Any waiver of any default or condition hereunder must be in writing and shall nor be
Q� construed as a waiver of any other default or condition concerning the same or any other
provision of this Agreement.
18. General Standard of Reasonableness. Any provision of this
Agreement which requires the consent or approval of any other party shall be deemed to
611_ require that such consent or approval not be unreasonably withheld or delayed, unless such
provision expressly incorporates a different standard.
-7-
6A6: W a.UJA9: AJN/us/6831.O
12RS/93
biA
F,a,1 i
19. Cooperation. The parties hereby each agree hereafter in good faith to
execute such further or additional documents and to take such other actions, as may be
reasonably necessary or appropriate to fully carry out the intent and purposes of the parties as
set forth in tins Agreement. Thr;C--irr, the District and the Agency mutually agree to assist
each other in the implementation of the Amended Project in accordance with applicable state
and federal laws. C—tty, District and Agency shall supply to one another such information and
reports as from time to time either may require to undertake their respective obligations.
DATED:
ATTEST:
CITY CLERK
6nK W.LCIAH: AIN/am/M I In
i:r_srv�
CITY OF SAN JACINTO
MAYOR
-8-
1 L'07, BHI CI 71-1 • :::`• 1 • L11-4
REDEVELOPMENT AGENCY OF THE CITY
OF SAN JACINTO
DATED:
CHAIRMAN
ATTEST:
SECRETARY
SAN JACINTO UNIFIED SCHOOL DISTRICT
DATED:
PRESIDENT
ATTEST:
CLERK
-9-
iVe KW tkWA AINhnleilt3 UT;
12n3.4)3
SPECIAL IVEETING
AGENDA
SAN JACINTO CITY COUNCIL
AND THE CITY COUNCIL SITTING AS THE
REDEVELOPMENT AGENCY AND
INDUSTRIAL DEVELOPMENT AUTHORITY AND
THE SAN JACINTO FINANCING AUTHORITY
DATE: December 28, 1993
TIME: 7:30 PM
PLACE: COMMUNITY CENTER
625 South Pico
San Jacinto, California
1.0 CALL TO ORDER
2.0 ORDER OF BUSINESS
Convene the Redevelopment Agency in Joint Session with the City Council for
consideration of the following:
2.1 Approval of MOU Amendment #2 with H & G Development Company
RECOMVENDATION: Acting in the capacity of the Redevelopment
Agency and the City Council approve Amendment #2.
2.2 Purchase of Property Rose Ranch
Location: North Side of Commonwealth Ave., between San Jacinto Ave.
and Hewitt St.
RECOMVENDATION: Acting in the capacity of the Redevelopment
Agency approve purchase of property from Robert Campbell, and
authorize Executive Director to sign all documents related to said
purchase.
2.3 Purchase of Property - Rose Ranch
Location: North Side of Commonwealth Ave.
RECOMMENDATION: Acting in the capacity of the Redevelopment
Agency approve the purchase of property from Edward and Donnie
Kingman Joint Trust ETAL, and authority the Executive Director to sign
all documents related to said purchase.
2.4 Redevelopment Pass Through Agreement (San Jacinto Unified School
District)
RECONIVIENDATION: Receive and file.
2.5 Resolution Electing to Receive Payment Pursuant to Health & Safety
Code Section 33676; Receipt of Above Resolution by Redevelopment
Agency
RECOMVIENDAT1ON: Acting in the capacity of the City Council adopt
and transmit Resolution No. electing to receive payment pursuant to
Health & Safety Code Section 33676; Acting in the capacity of the
Redevelopment Agency acknowledge receipt of the above Resolution.
3.0 ADJOURNMENT
Motion by: Seconded by: Action: to adjourn
Vote:
I, Richard Brewer, City Clerk of the City of San Jacinto, do hereby certify that I caused
to be posted the foregoing agenda this 23rd day of December, 1993, as required by
law.
p City Clerk
MEMORANDUM
TO: Mayor and Members of the City Council
FROM Pamela S. Easter, City Manager
DATE December 28, 1993
SUBJECT: Approval of MOU Amendment #2 with H & G Development Company
At press time the MOU was not available for printing and distribution. Staff will be
delivering it to you on Tuesday, December 27.
AGE DA
CITY OF SAN JACINTO
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Brian McNabb, D for of Community Development
via Pamela. S. Easter, City Manager
DATE: December 28, 1993
SUBJECT: ROSE RANCH
RECOMMENDATION
Approve purchase of property by the Agency from. Robert Campbell and authorize
Executive Director to sign all documents related to said purchase.
DISCUSSION
The City Council F directed Staff to commence the acquisition of the parcels in the
Super Block along .inonwealth Avenue. The subject R-2 zoned property, located on the
north side of Conz.xonwealth Avenue, between San Jacinto Avenue and Hewitt Street is to
be purchased for $30,000.
BKM:k CCRPT-93\Campbell.acq
SJA\001\001.D0C-11/8/93
PARCEL NO: 439-110-031-4
TITLE REPORT NO: 03-324434-16
PROJECT: SAN JACINTO REDEVELOPMENT PROJECT AREA
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
THIS AGREEMENT is entered into this day of
199 by and between the Redevelopment Agency of the City of San
Jacinto (hereinafter called "Buyer"), and the undersigned
owner(s) (hereinafter called "Seller") for acquisition by Buyer
of certain real property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to
Buyer, and Buyer agrees to purchase from Seller, upon the terms
and for the consideration set forth in this agreement, all that
certain real property (hereinafter called "Property") situated in
the City of San Jacinto, County of Riverside, State of
California, and legally described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
2. PURCHASE PRICE. The total purchase price, payable in cash
through escrow, shall be the sum of $30,000.00.
3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed
to Buyer marketable fee simple title to the Property free and
clear of all recorded and unrecorded liens, encumbrances,
assessments, easements, leases, and taxes EXCEPT:
A. Taxes: Fiscal Year 1993-1994.
B. Quasi -public utility, public alley, public street easements,
and rights of way of record.
C. Items numbered (none) of the above numbered title report
issued by Continental Lawyers Title Company, dated April 22,
1993.
4. TITLE INSURANCE POLICY. Escrow Agent shall, following
recording of deed to Buyer, provide Buyer with CLTA Standard
Coverage Policy of Title Insurance in the amount of ($30,000.00),
issued by Continental Lawyers Title Company, showing the title to
the property vested in Buyer, subject only to the exceptions set
forth in Paragraph 3 and the printed exceptions and stipulations
in said policy. Seller agrees to pay the premium charged
therefore.
Page 2 of 9
5. ESCROW. Buyer agrees to open an escrow in accordance with
this Agreement at any bank or reputable escrow company of Buyer's
choice. This Agreement constitutes the joint escrow instructions
of Buyer and Seller, and Escrow Agent to whom these instructions
are delivered is hereby empowered to act under this Agreement.
The parties hereto agree to do all acts necessary to close this
escrow in the shortest possible time.
Seller has executed and handed a deed to Buyer, concurrently with
this Agreement. As soon as possible after opening of escrow,
Buyer will deposit the executed deed, with Certificate of
Acceptance attached, with Escrow Agent on Seller's behalf. Buyer
agrees to deposit the purchase price upon demand of Escrow Agent.
Buyer and Seller agree to deposit with Escrow Agent any
additional instruments as may be necessary to complete this
transaction.
Insurance policies for fire or casualty are not to be
transferred, and Seller will cancel his own policies after close
of escrow.
All funds received in this escrow shall be deposited with other
escrow funds in a general escrow account(s) and may be
transferred to any other such escrow trust account in any State
or National Bank doing business in the State of California. All
disbursements shall be made by check from such account.
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE
FOLLOWING TAX ADJUSTMENT PROCEDURE:
A. Pay and charge Seller for any unpaid delinquent taxes and/or
penalties and interest thereon, and for any delinquent or
non -delinquent assessments or bonds against the property;
B. In the event this escrow closes between July 1 and November
1, and current tax information is not available from title
insurer, Escrow Agent is instructed to withhold from
Seller's proceeds an amount equal to 120% of the prorated
amount due based upon the previous fiscal year's second half
tax bill. At such time that the tax information is
available, Escrow Agent shall make a check payable to the
County Tax Collector for Seller's prorated portion of taxes
and forward same to the Buyer and shall refund any
difference to the Seller. In the event the amount withheld
is not sufficient to pay Seller's prorated portion of taxes
due, the Seller herein agrees to immediately pay the
difference;
In the event said tax information is available, Seller's
taxes shall be prorated in accordance with Paragraph "C"
below.
Page 3 of 9
C. From the date that tax information is available, as per
Paragraph "B", up to and including June 30th, Seller's
current taxes, if unpaid, shall be prorated to date of close
of escrow on the basis of a 365 day year in accordance with
Tax Collector's proration requirements, together with
penalties and interest, if said current taxes are unpaid
after December 10 and/or April 10. At close of escrow,
check payable to the County Tax Collector for Seller's
prorata portion of taxes shall be forwarded to Buyer with
closing statement;
D. Any taxes which have been paid by Seller, prior to opening
of this escrow, shall not be prorated between Buyer and
Seller, but Seller shall have the sole right, after close of
escrow, to apply to the County Tax Collector of said county
for refund. This refund would apply to the period after
Buyer's acquisition, pursuant to Revenue and Taxation Code
Section 5096.7.
ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
E. Pay and charge Seller for any amount necessary to place
title in the condition necessary to satisfy Paragraph 3 of
this Agreement;
F. Pay and charge Buyer and Seller for any escrow fees,
charges, and costs payable under Paragraph 6 of this
Agreement;
G. Disburse funds and deliver deed when conditions of this
escrow have been fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these
instructions, shall mean the date necessary instruments of
conveyance are recorded in the office of the County Recorder.
Recordation of instruments delivered through this escrow is
authorized if necessary or proper in the issuance of said policy
of title insurance.
All time limits within which any matter herein specified is to be
performed may be extended by mutual agreement of the parties
hereto. Any amendment of, or supplement to, any instructions
must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO
CLOSE AS SOON AS POSSIBLE. If (except for deposit of money by
Buyer, which shall be made by Buyer upon demand of Escrow Agent
before close of escrow) this escrow is not in condition to close
within 60 days from date of these instructions, any party who
then shall have fully complied with his instructions may, in
writing, demand the return of his money or property; but if none
have complied no demand for return thereof shall be recognized
Page 4 of 9
until five (5) days after Escrow Agent shall have mailed copies
of such demand to all other parties at the respective addresses
shown in these escrow instructions, and if any objections are
raised within said five (5) day period, Escrow Agent is
authorized to hold all papers and documents until instructed by a
court of competent jurisdiction or mutual instructions. If no
demands are made, proceed with closing of this escrow as soon as
possible.
Responsibility for Escrow Agent under this Agreement is expressly
limited to Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 18 and to its
liability under any policy of title insurance issued in regard to
this transaction.
6. ESCROW FEES, CHARGES AND COSTS. Buyer and Seller agree to
pay all usual fees, charges, and costs which arise in this
escrow.
7. RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a
complete, current, and correct statement of rentals on a form
furnished to Seller and deliver same to Buyer within fifteen (15)
days hereof with copies of any written leases or rental
agreements attached. All rents will be prorated as of the close
of escrow on the basis of a 30-day month consistent with that
Statement, subject to approval of Buyer. Seller hereby agrees
not to rent any units on the premises which are now vacant, or
which may be vacated by present occupants prior to close of
escrow.
Seller hereby warrants that the rental statement referred to
shall include the terms of all rental agreements, tenancies, and
leases (written, unwritten, recorded, or unrecorded) and Seller
agrees to hold Buyer harmless from all liability from any such
leases or agreements. Seller also warrants that there are no
oral or written leases on all or any portion of property
exceeding a period of one month, and Seller further agrees to
hold Buyer harmless and reimburse Buyer for any and all of its
losses and expenses occasioned by reason of any lease of said
property held by any tenant of Seller for a period exceeding one
month, except: None.
8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to
Buyer, or its authorized agents, permission to enter upon the
Property at all reasonable times prior to close of escrow for the
purpose of making necessary or appropriate inspections.
9. COUNTERPARTS. This agreement may be executed in
counterparts, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the
same instrument.
Page 5 of 9
10. CLOSING STATEMENT. Seller instructs Escrow Agent to release
a copy of Seller's statement to Buyer purpose being to ascertain
if any reimbursements are due Seller.
11. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real
property or any improvements thereon, by fire or other casualty,
occurring prior to the recordation of the Deed shall be at the
risk of Seller. In the event that loss or damage to the real
property or any improvements thereon, by fire or other casualty,
occurs prior to the recordation of the Deed, Buyer may elect to
require that the Seller pay to Buyer the proceeds of any
insurance which may become payable to Seller by reason thereof,
or to peLmit such proceeds to be used for the restoration of the
damage done, or to reduce the total price by an amount equal to
the diminution in value of said property by reason of such loss
or damage or the amount of insurance payable to Seller, whichever
is greater.
12. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that
this transaction is a negotiated settlement in lieu of
condemnation, and Seller hereby agrees and consents to the
dismissal or abandonment of any eminent domain action in the
Superior Court of the State of California in and for the County
of Riverside, wherein the herein described property is included
and also waives any and all claims to any money on deposit in
said action and further waives all attorney's fees, costs,
disbursements, and expenses incurred in connection therewith.
If, prior to the close of the execution of this transaction,
Seller is served with a Summons and Complaint in Eminent Domain
in which Seller is a named defendant, upon the closing of this
transaction, Seller agrees and consents to Buyer taking a Default
in said action.
13. POSSESSION OF REAL PROPERTY AND DISPOSITION OF SELLER'S
FURNITURE. Possession of real property shall be given to Buyer
upon the recording of Seller's deed. All Seller's furniture and
furnishings shall remain the property of Seller and Seller shall
have the right at any time to remove or otherwise dispose of all
or any portion of same, provided that all tenants occupying the
premises at the time Seller's deed is recorded shall be entitled
to continue to use the furniture and furnishings then being used
by them until they vacate each of their respective apartments or
living spaces, and provided that within ten (10) days after
notice from Buyer that the premises have been vacated, Seller
will remove or otherwise dispose of all such furniture and
furnishings. All furniture and furnishings remaining on the
premises after ten (10) days shall become the property of Buyer
and Buyer may dispose of same without liability as it alone sees
fit. Buyer shall not be liable for any loss of or damage to said
furniture or furnishings, regardless of when such loss or damage
occurs.
Page 6 of 9
14. Warranties, Representations, and Covenants of Seller.
Seller hereby warrants, represents, and/or covenants to Buyer
that:
A. To the best of Seller's knowledge, there are no actions,
suits, material claims, legal proceedings, or any other
proceedings affecting the property or any portion
thereof, at law, or in equity before any court or
governmental agency, domestic or foreign.
B. To the best of Seller's knowledge, there are no
encroachments onto the property by improvements on any
adjoining property, nor do any buildings or improvements
encroach on other properties.
C. Until the closing, Seller shall maintain the property in
good condition and state of repair and maintenance, and
shall perform all of its obligations under any service
contracts or other contracts affecting the property.
D. Until the closing, Seller shall not do anything which
would impair Seller's title to any of the property.
E. All utilities including gas, electricity, water, sewage,
and telephone, are available to the property, and to the
best of Seller's knowledge, all such items are in good
working order.
F. To the best of Seller's knowledge, neither the execution
of this Agreement nor the performance of the obligations
herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness,
contract, lease, or other agreement or instrument to
which Seller's property may be bound.
G. Until the closing, Seller shall, upon learning of any
fact or condition which would cause any of the
warranties and representations in this Warranties,
Representations, and Covenants of Seller Section not to
be true as of closing, immediately give written notice of
such fact or condition to Buyer.
15. HAZARDOUS WASTE. Neither Seller nor, to the best of
Seller's knowledge, any previous owner, tenant, occupant, or user
of the Property used, generated, released, discharged, stored, or
disposed of any hazardous waste, toxic substances, or related
materials ("Hazardous Materials") on, under, in, or about the
Property, or transported any Hazardous Materials to or from the
Property. Seller shall not cause or permit the presence, use,
generation, release, discharge, storage, or disposal of any
Page 7 of 9
Hazardous Materials on, under, in, or about, or the
transportation of any Hazardous Materials to or from, the
Property. The term "Hazardous Material" shall mean any
substance, material, or waste which is or becomes regulated by
any local governmental authority, the State of California, or the
United States Government, including, but not limited to, any
material or substance which is (i) defined as a "hazardous
waste", "extremely hazardous waste", or "restricted hazardous
waste" under Section 25115, 25117 or 25122.7, or listed pursuant
to Section 25140 of the California Health and Safety Code,
Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii)
defined as "hazardous substance" under Section 25316 of the
California Health and Safety Code, Division 20, Chapter 6.8
(Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii)
defined as a "hazardous material", "hazardous substance", or
"hazardous waste" under Section 25501 of the California Health
and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials
Release Response Plans and Inventory), (iv) defined as a
"hazardous substance" under Section 25281 of the California
Health and Safety Code, Division 20, Chapter 6.7 (Underground
Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
(vii) polychlorinated byphenyls, (viii) listed under Article 9 or
defined as "hazardous" or "extremely hazardous" pursuant to
Article 11 of Title 22 of the California Administrative Code,
Division 4, Chapter 20, (ix) designated as a "hazardous
substances" pursuant to Section 311 of the Clean Water Act, (33
U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to
Section 1004 of the Resource Conservation and Recovery Act, 42
U.S.C. S6901 et sea. (42 U.S.C. S6903) or (xi) defined as a
"hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, as amended by
Liability Act, 42. U.S.C. S9601 • et sea. (42 U.S.C. S9601).
16. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's
knowledge the Property complies with all applicable laws and
governmental regulations including, without limitation, all
applicable federal, state, and local laws pertaining to air and
water quality, hazardous waste, waste disposal, and other
environmental matters, including, but not limited to, the Clean
Water, Clean Air, Federal Water Pollution Control, Solid Waste
Disposal, Resource Conservation Recovery and Comprehensive
Environmental Response Compensation and Liability Acts, and the
California Environment Quality Act, and the rules, regulations,
and ordinances of the city within which the subject property is
located, the California Department of Health Services, the
Regional Water Quality Control Board; the State Water Resources
Control Board, the Environmental Protection Agency, and all
applicable federal, state, and local agencies and bureaus.
Page 8 of 9
17. INDEMNITY. Seller agrees to indemnify, defend and hold
Buyer harmless from and against any claim, action, suit,
proceeding, loss, cost, damage, liability, deficiency, fine,
penalty, punitive damage, or expense (including, without
limitation, attorneysfees), resulting from, arising out of, or
based upon (i) the presence, release, use, generation, discharge,
storage, or disposal of any Hazardous Material on, under, in or
about, or the transportation of any such materials to or from,
the Property, or (ii) the violation, or alleged violation, of any
statute, ordinance, order, rule, regulation, permit, judgment, or
license relating to the use, generation, release, discharge,
storage, disposal, or transportation of Hazardous Materials on,
under, in, or about, to or from, the Property. This indemnity
shall include, without limitation, any damage, liability, fine,
penalty, punitive damage, cost, or expense arising from or out of
any claim, action, suit or proceeding for personal injury
(including sickness, disease, or death, tangible or intangible
property damage, compensation for lost wages, business income,
profits or other economic loss, damage to the natural resource or
the environment, nuisance, pollution, contamination, leak, spill,
release, or other adverse effect on the environment). This
indemnity extends only to liability created prior to or up to the
date this escrow shall close. Seller shall not be responsible
for acts or omissions to act post close of this escrow.
18. CONTINGENCY. It is understood and agreed between the parties
hereto that the completion of this transaction, and the escrow
created hereby, is contingent upon the specific acceptance and
approval of the Buyer herein. The execution of these documents
and the delivery of same to Escrow Agent constitutes said
acceptance and approval.
The terms and conditions, covenants, and agreements set forth
herein shall apply to and bind the heirs, executors,
administrators, assigns and successors of the parties hereto.
This Agreement contains the entire agreement between both
parties, neither party relies upon any warranty or representation
not contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year set forth hereinabove.
Page 9 of 9
MAILING ADDRESS OF SELLER
MAILING ADDRESS OF BUYER
201 E. MAIN STREET
SAN JACINTO, CA 92583
SELLER
Robert Campbell
BUYER
REDEVELOPMENT AGENCY OF THE CITY
OF SAN JACINTO
Page 1 of 2
AMENDMENT NO. 1 TO ESCROW INSTRUCTION
FOR REDEVELOPMENT AGENCY ACQUISITION OF ROBERT CAMPBELL
ESCROW NO. 17483-3
ASSESSOR'S PARCEL NO'S: 439-110-031-4
DEC
ER 20, 1993
5.7 "D" is amended as follows:
D. Any taxes which have been paid by Seller, prior to opening
of this escrow, shall be prorated between Buyer and Seller,
in accordance with Paragraph "C" above, excepting that
Seller shall be responsible for penalties and interest. At
the close of escrow proration due Seller shall be included
in the proceeds from Buyer.
Section 8 is amended as follows:
8.2 Buyer shall and hereby agrees to hold Seller and the
Property free and harmless from and against any cost,
expenses, charge, lien, action or judgment (including
without limitation Seller's attorneys' fees and defense
costs), as well as any claim of a right to any such cost,
expenses, charge, lien, action or judgment (i) incurred for
surveyors, engineers, architects and others implementing
said purposes and (ii) for neglect of Buyer or any of its
employees, agents or independent contractors. Buyer shall
not be liable or responsible for minor damage to the
Property which is reasonably necessary to the investigation
of its physical characteristics, including damage normally
resulting from soils tests, seismic studies and surveying.
If this escrow and/or this Agreement is terminated for any
reason, Buyer shall, forthwith after such termination, at
Buyer's sole cost and expense, return the Property to its
present physical condition or as close thereto as reasonably
possible.
8.3 Before undertaking any activity on the Property which
requires a permit from the City or other agency or
authority, Buyer shall obtain such permit and pay any fee,
cost, charge or expense required to obtain or carry out such
permit. Seller may record and post on the Property a notice
of nonresponsibility as permitted by law so as to disclaim
responsibility for any claims arising from any work of
improvement or otherwise performed at the Property by, on
behalf of or at the direction of Buyer.
Page 2 of 2
Amendment No.
SELLER
Robert Campbell
BUYER
REDEVELOPMENT AGENCY OF THE CITY
OF SAN JACINTO
4 " •
NISONANT:ZeiriihriANAWAVirtaiWitaWn..074MMICAWANtlatmeorei
tat
tt
DECLARATION PURSUANT TO SECTION 13100 OF THE CALIFORNIA PROBATE CODE
FOR COLLECTION OF DECEDENT'S FUNDS AND PERSONAL PROPERTY
hereby declare(s) as follows:
1. On May 24
WE Mary E . Sibtho.rpe and Jirrinie L. Ladd
!Niel me name at eatsl aeciarant a mere is more man one aeclaant each aet urant aetures for nirnserl or herself afone
19 90 Gladys A. Roberts
died in Riverside
2. At least forty (40) days have elapsed since the death of the decedent, as shown in the certified copy of the decedent's death
certificate attached to this declaration.
3. No proceeding is now being or has been conducted in California for administration of the decedent's estate.
4. The gross value of decedent's real and personal property in California, excluding the property described in Section 13050 of the
Probate Code, does not exceed sixty thousand ($60,000.00) dollars.
5. The property of decedent which should be Tranqfprrpri to Mary P qth+120-rp°1- mad
(peso or transferred or deaverea I 'name of aettaranli
is described as follows:
Jimmie L. Ladd
#2751950, Lot 78, situated in City of San Jacinto,
Ca. County of Riverside
in book 8 page 3570F Map. • of San Diego CountyCa Deed of Trtl-c't ancl
assignments of rents Jan 27, 1988 #056-214 between Robert A. C.ammbell, Trustee
Gladys A. Roberts. Parcel 374 041 017-5. Recorded in Riverside County.
(CHECK ONE OF EITHER OF THE FOLLOWING PARAGRAPHS, AS APPROPRIATE, AND STRIKE THE INAPPLICABLE PARAGRAPH)
a 6. The declarant(s),
I NIT* ol deceaena
County, California.
ismaecwamisii
is/are the successor(s) of the decedent (as defined in Section 13006 of the Probate Code) to the decedent's interest in the descnbed property.
OR
0 6. The declarant(s) is/are authorized under Section 13051 of the Probate Code to act on behalf of
mmisiesuccessmsi,
the sucznsor(s) of the decedent
(as defined in Section 13006 of the Probate Code) with respect to the decedent's interest in the described property.
7. No other person has the right to the interest of the decedent in the described property.
8. The declarant(s) request(s) that the described property be T.Lauzsterred to the declarant.
(OW or aelnrered or o tome!
I/WE declare under penalty of perjury under the laws of the State of California that the fore oing is true and correct.
Executed on this cP-471AL., day of
Fo ) 4)7
!place of exeCZn;
at
STATE OF
COUNTY OF
On this
aN-tFoleLAJIA
Punrc zeTsonaliv azzeaTer
SS.
day of
ZiAAA-)0/L7-7-1
171/4ance_y
Liltd-z,j2.z.i
scruture al cleciarannS/
e
19
California.
19 /4, before me.
the: (4u41tr, Notary
persona
iv
-'•-•
ID me
A r rCI1T1 1.2.11/"MB
irrmrrtn on ino
404 d
-T-
RECEIVED FqQ REC - D
Q Min. Pa —p c
"�«Jciao UL'l3 nio+ l
R County, Capbma
a
N
AGENDA a• 3
CITY OF SAN JACINTO
STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
DATE: December 28, 1993
SUBJECT: ROSE RANCH
RECOMMENDATION
Approve purchase of property by the Agency from Edward and Donnie Kingman Joint Trust
ETAL and authorize Executive Director to sign all documents related to said purchase.
DISCUSSION
The City Council previously directed Staff to commence the acquisition of the parcels in the
Super Block along Commonwealth Avenue. The subject R-2 zoned property, located on the
north side of Commonwealth Avenue, between San Jacinto Avenue and Hewitt Street is to
be purchased for $36,600.
BKM:Ir CCRPT-93\Kingman.acq
x.....s.A\m1wo1Doc-11A93
PARCEL NO'S: 439-110-025-9:_ 439-110-032-5; AND 439-110-026
TITLE REPORT NO: 03-324430-16
PROJECT: SAN JACINTO REDEVELOPMENT PROJECT AREA
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
THIS AGREEMENT is entered into this day of
199 by and between the Redevelopment Agency of the City of San
Jacinto (hereinafter called "Buyer"), and the undersigned
owner(s) (hereinafter called "Seller") for acquisition by Buyer
of certain real property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to
Buyer, and Buyer agrees to purchase from Seller, upon the terms
and for the consideration set forth in this agreement, all that
certain real property (hereinafter called "Property") situated in
the City of San Jacinto, County of Riverside, State of
California, and legally described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND BY THIS REFERENCE MADE A PART HEREOF
2. PURCHASE PRICE. The total purchase price, payable in cash
through escrow, shall be the sum of $36,600.00.
3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed
to Buyer marketable fee simple title to the Property free and
clear of all recorded and unrecorded liens, encumbrances,
assessments, easements, leases, and taxes EXCEPT:
A. Taxes: Fiscal Year 1993-1994.
B. Quasi -public utility, public alley, public street easements,
and rights of way of record.
C. Items numbered (none) of the above numbered title report
issued by Continental Lawyers Title Company, dated April 22,
1993.
4. TITLE INSURANCE POLICY. Escrow Agent shall, following
recording of deed to Buyer, provide Buyer with CLTA Standard
Coverage Policy of Title Insurance in the amount of ($36,600.00),
issued by Continental Lawyers Title Company, showing the title to
the property vested in Buyer, subject only to the exceptions set
forth in Paragraph 3 and the printed exceptions and stipulations
in said policy. Seller agrees to pay the premium charged
therefore.
Page 2 of 9
5. ESCROW. Buyer agrees to open an escrow in accordance with
this Agreement at any bank or reputable escrow company of Buyer's
choice. This Agreement constitutes the joint escrow instructions
of Buyer and Seller, and Escrow Agent to whom these instructions
are delivered is hereby empowered to act under this Agreement.
The parties hereto agree to do all acts necessary to close this
escrow in the shortest possible time.
Seller has executed and handed a deed to Buyer, concurrently with
this Agreement. As soon as possible after opening of escrow,
Buyer will deposit the executed deed, with Certificate of
Acceptance attached, with Escrow Agent on Seller's behalf. Buyer
agrees to deposit the purchase price upon demand of Escrow Agent.
Buyer and Seller agree to deposit with Escrow Agent any
additional instruments as may be necessary to complete this
transaction.
Insurance policies for fire or stpolicies after close
y are not to be
transferred, and Seller will cancel hisown
of escrow.
All funds received in this escrow shall be deposited with other
escrow funds in a general escrow account(s) and may be
transferred to any other such escrow trust account in any State
or National Bank doing business in the State of California. All
disbursements shall be made by check from such account.
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE
FOLLOWING TAX ADJUSTMENT PROCEDURE:
A. Pay and charge Seller for any unpaid delinquent taxes and/or
penalties and interest thereon, and for any delinquent or
non -delinquent assessments or bonds against the property;
B. In the event this escrow closes between July 1 and November
1, and current tax information is not available from title
insurer, Escrow Agent is instructed to withhold from
Seller's proceeds an amount equal to 120% of the prorated
amount due based upon the previous fiscal year's second half
tax bill. At such time that the tax information is
available, Escrow Agent shall make a check payable to the
County Tax Collector for Seller's prorated portion of taxes
and forward same to the Buyer and shall refund any
difference to the Seller. In the event the amount withheld
is not sufficient to pay Seller's prorated portion of taxes
due, the Seller herein agrees to immediately pay the
difference;
In the event said tax information is available, Seller's
taxes shall be prorated in accordance with Paragraph "C"
below.
Page 3 of 9
C. From the date that tax information is available, as per
Paragraph "B", up to and including June 30th, Seller's
current taxes, if unpaid, shall be prorated to date of close
of escrow on the basis of a 365 day year in accordance with
Tax Collector's proration requirements, together with
penalties and interest, if said current taxes are unpaid
after December 10 and/or April 10. At close of escrow,
check payable to the County Tax Collector for Seller's
prorata portion of taxes shall be forwarded to Buyer with
closing statement;
D. Any taxes which have been paid by Seller, prior to opening
of this escrow, shall not be prorated between Buyer and
Seller, but Seller shall have the sole right, after close of
escrow, to apply to the County Tax Collector of said county
for refund. This refund would apply to the period after
Buyer's acquisition, pursuant to Revenue and Taxation Code
Section 5096.7.
ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
E. Pay and charge Seller for any amount necessary to place
title in the condition necessary to satisfy Paragraph 3 of
this Agreement;
F. Pay and charge Buyer and Seller for any escrow fees,
charges, and costs payable under Paragraph 6 of this
Agreement;
G. Disburse funds and deliver deed when conditions of this
escrow have been fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these
instructions, shall mean the date necessary instruments of
conveyance are recorded in the office of the County Recorder.
Recordation of instruments delivered through this escrow is
authorized if necessary or proper in the issuance of said policy
of title insurance.
All time limits within which any matter herein specified is to be
performed may be extended by mutual agreement of the parties
hereto. Any amendment of, or supplement to, any instructions
must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO
CLOSE AS SOON AS POSSIBLE. If (except for deposit of money by
Buyer, which shall be made by Buyer upon demand of Escrow Agent
before close of escrow) this escrow is not in condition to close
within 60 days from date of these instructions, any party who
then shall have fully complied with his instructions may, in
writing, demand the return of his money or property; but if none
have complied no demand for return thereof shall be recognized
Page 4 of 9
until five (5) days after Escrow Agent shall have mailed copies
of such demand to all other parties at the respective addresses
shown in these escrow instructions, and if any objections are
raised within said five (5) day period, Escrow Agent is
authorized to holdall papers and documents until instructed by a
court of competent jurisdiction or mutual instructions. If no
demands are made, proceed with closing of this escrow as soon as
possible.
Responsibility for Escrow Agent under this Agreement is expressly
limited to Paragraphs 1, 2, 3, 4, 5, 6, 7, 9, 10, 18 and to its
liability under any policy of title insurance issued in regard to
this transaction.
6. ESCROW FEES, CHARGES AND COSTS. Buyer and Seller agree to
pay all usual fees, charges, and costs which arise in this
escrow.
7. RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a
complete, current, and correct statement of rentals on a form
furnished to Seller and deliver same to Buyer within fifteen (15)
days hereof with copies of any written leases or rental
agreements attached. All rents will be prorated as of the close
of escrow on the basis of a 30-day month consistent with that
Statement, subject to approval of Buyer. Seller hereby agrees
not to rent any units on the premises which are now vacant, or
which may be vacated by present occupants prior to close of
escrow.
Seller hereby warrants that the rental statement referred to
shall include the terms of all rental agreements, tenancies, and
leases (written, unwritten, recorded, or unrecorded) and Seller
agrees to hold Buyer harmless from all liability from any such
leases or agreements. Seller also warrants that there are no
oral or written leases on all or any portion of property
exceeding a period of one month, and Seller further agrees to
hold Buyer harmless and reimburse Buyer for any and all of its
losses and expenses occasioned by reason of any lease of said
property held by any tenant of Seller for a period exceeding one
month, except: None.
8. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to
Buyer, or its authorized agents, permission to enter upon the
Property at all reasonable times prior to close of escrow for the
purpose of making necessary or appropriate inspections.
9. COUNTERPARTS. This agreement may be executed in
counterparts, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the
same instrument.
Page 5 of 9
10. CLOSING STATEMENT. Seller instructs Escrow Agent to release
a copy of Seller's statement to Buyer purpose being to ascertain
if any reimbursements are due Seller.
11. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real
property or any improvements thereon, by fire or other casualty,
occurring prior to the recordation of the Deed shall be at the
risk of Seller. In the event that loss or damage to the real
property or any improvements thereon, by fire or other casualty,
occurs prior to the recordation of the Deed, Buyer may elect to
require that the Seller pay to Buyer the proceeds of any
insurance which may become payable to Seller by reason thereof,
or to permit such proceeds to be used for the restoration of the
damage done, or to reduce the total price by an amount equal to
the diminution in value of said property by reason of such loss
or damage or the amount of insurance payable to Seller, whichever
is greater.
12. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that
this transaction is a negotiated settlement in lieu of
condemnation, and Seller hereby agrees and consents to the
dismissal or abandonment of any eminent domain action in the
Superior Court of the State of California in and for the County
of Riverside, wherein the herein described property is included
and also waives any and all claims to any money on deposit in
said action and further waives all attorney's fees, costs,
disbursements, and expenses incurred in connection therewith.
If, prior to the close of the execution of this transaction,
Seller is served with a Summons and Complaint in Eminent Domain
in which Seller is a named defendant, upon the closing of this
transaction, Seller agrees and consents to Buyer taking a Default
in said action.
13. POSSESSION OF REAL PROPERTY AND DISPOSITION OF SELLER'S
FURNITURE. Possession of real property shall be given to Buyer
upon the recording of Seller's deed. All Seller's furniture and
furnishings shall remain the property of Seller and Seller shall
have the right at any time to remove or otherwise dispose of all
or any portion of same, provided that all tenants occupying the
premises at the time Seller's deed is recorded shall be entitled
to continue to use the furniture and furnishings then being used
by them until they vacate each of their respective apartments or
living spaces, and provided that within ten (10) days after
notice from Buyer that the premises have been vacated, Seller
will remove or otherwise dispose of all such furniture and
furnishings. All furniture and furnishings remaining on the
premises after ten (10) days shall become the property of Buyer
and Buyer may dispose of same without liability as it alone sees
fit. Buyer shall not be liable for any loss of or damage to said
furniture or furnishings, regardless of when such loss or d -�
occurs.
Page 6 of 9
14. Warranties, Representations. and Covenants of Seller.
Seller hereby warrants, represents, and/or covenants to Buyer
that:
A. To the best of Seller's knowledge, there are no actions,
suits, material claims, legal proceedings, or any other
proceedings affecting the property or any portion
thereof, at law, or in equity before any court or
governmental agency, domestic or foreign.
B. To the best of Seller's knowledge, there are no
encroachments onto the property by improvements on any
adjoining property, nor do any buildings or improvements
encroach on other properties.
C. Until the closing, Seller shall maintain the property in
good condition and state of repair and maintenance, and
shall perform all of its obligations under any service
contracts or other contracts affecting the property.
D. Until the closing, Seller shall not do anything which
would impair Seller's title to any of the property.
E. All utilities including gas, electricity, water, sewage,
and telephone, are available to the property, and to the
best of Seller's knowledge, all such items are in good
working order.
F. To the best of Seller's knowledge, neither the execution
of this Agreement nor the performance of the obligations
herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness,
contract, lease, or other agreement or instrument to
which Seller's property may be bound.
G. Until the closing, Seller shall, upon learning of any
fact or condition which would cause any of the
warranties and representations in this Warranties,
Representations, and Covenants of Seller Section not to
be true as of closing, immediately give written notice of
such fact or condition to Buyer.
15. HAZARDOUS WASTE. Neither Seller nor, to the best of
Seller's knowledge, any previous owner, tenant, occupant, or user
of the Property used, generated, released, discharged, stored, or
disposed of any hazardous waste, toxic substances, or related
materials ("Hazardous Materials") on, under, in, or about the
Property, or transported any Hazardous Materials to or from the
Property. Seller shall not cause or permit the presence, use,
generation, release, discharge, storage, or disposal of any
Page 7 of 9
Hazardous Materials on, under, in, or about, or the
transportation of any Hazardous Materials to or from, the
Property. The term "Hazardous Material" shall mean any
substance, material, or waste which is or becomes regulated by
any local governmental authority, the State of California, or the
United States Government, including, but not limited to, any
material or substance which is (i) defined as a "hazardous
waste", "extremely hazardous waste", or "restricted hazardous
waste" under Section 25115, 25117 or 25122.7, or listed pursuant
to Section 25140 of the California Health and Safety Code,
Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii)
defined as "hazardous substance" under Section 25316 of the
California Health and Safety Code, Division 20, Chapter 6.8
(Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii)
defined as a "hazardous material", "hazardous substance", or
"hazardous waste" under Section 25501 of the California Health
and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials
Release Response Plans and Inventory), (iv) defined as a
"hazardous substance" under Section 25281 of the California
Health and Safety Code, Division 20, Chapter 6.7 (Underground
Storage of Hazardous Substances), (v) petroleum, (vi) asbestos,
(vii) polychlorinated byphenyls, (viii) listed under Article 9 or
defined as "hazardous" or "extremely hazardous" pursuant to
Article 11 of Title 22 of the California Administrative Code,
Division 4, Chapter 20, (ix) designated as a "hazardous
substances" pursuant to Section 311 of the Clean Water Act, (33
U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to
Section 1004 of the Resource Conservation and Recovery Act, 42
U.S.C. S6901 et sea. (42 U.S.C. S6903) or (xi) defined as a
"hazardous substances" pursuant to Section 101 of the
Comprehensive Environmental Response, Compensation, as amended by
Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601).
16. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's
knowledge the Property complies with all applicable laws and
governmental regulations including, without limitation, all
applicable federal, state, and local laws pertaining to air and
water quality, hazardous waste, waste disposal, and other
environmental matters, including, but not limited to, the Clean
Water, Clean Air, Federal Water Pollution Control, Solid Waste
Disposal, Resource Conservation Recovery and Comprehensive
Environmental Response Compensation and Liability Acts, and the
California Environment Quality Act, and the rules, regulations,
and ordinances of the city within which the subject property is
located, the California Department of Health Services, the
Regional Water Quality Control Board, the State Water Resources
Control Board, the Environmental Protection Agency, and all
applicable federal, state, and local agencies and bureaus.
Page 8 of 9
17. INDEMNITY. Seller agrees to indemnify, defend and hold
Buyer harmless from and against any claim, action, suit,
proceeding, loss, cost, damage, liability, deficiency, fine,
penalty, punitive damage, or expense (including, without
limitation, attorneys' fees), resulting from, arising out of, or
based upon (i) the presence, release, use, generation, discharge,
storage, or disposal of any Hazardous Material on, under, in or
about, or the transportation of any such materials to or from,
the Property, or (ii) the violation, or alleged violation, of any
statute, ordinance, order, rule, regulation, permit, judgment, or
license relating to the use, generation, release, discharge,
storage, disposal, or transportation of Hazardous Materials on,
under, in, or about, to or from, the Property. This indemnity
shall include, without limitation, any damage, liability, fine,
penalty, punitive damage, cost, or expense arising from or out of
any claim, action, suit or proceeding for personal injury
(including sickness, disease, or death, tangible or intangible
property damage, compensation for lost wages, business income,
profits or other economic loss, damage to the natural resource or
the environment, nuisance, pollution, contamination, leak, spill,
release, or other adverse effect on the environment). This
indemnity extends only to liability created prior to or up to the
date this escrow shall close. Seller shall not be responsible
for acts or omissions to act post close of this escrow.
18. CONTINGENCY. It is understood and agreed between the parties
hereto that the completion of this transaction, and the escrow
created hereby, is contingent upon the specific acceptance and
approval of the Buyer herein. The execution of these documents
and the delivery of same to Escrow Agent constitutes said
acceptance and approval.
The terms and conditions, covenants, and agreements set forth
herein shall apply to and bind the heirs, executors,
administrators, assigns and successors of the parties hereto.
This Agreement contains the entire agreement between both
parties, neither party relies upon any warranty or representation
not contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year set forth hereinabove.
Page 9 of 9
MAILING ADDRESS OF SELLER SELLER
868 DE ANZA DRIVE Edward and Donnie Kingman Joint
SAN JACINTO, CA 92582 Trust 1/2 undivided interest
MAILING ADDRESS OF BUYER
201 E. MAIN STREET
SAN JACINTO, CA 92583
Trustee
Trustee
Carolyn Riley
1/10 undivided interest
Patsy Yountchi
1/10 undivided interest
Edgel Boutcher
1/10 undivided interest
Steven Boutcher
1/10 undivided interest
Tamara Boutcher
1/10 undivided interest
BUYER
REDEVELOPMENT AGENCY OF THE CITY
OF SAN JACINTO
AGEND
STAFF REPORT
TO: Honorable Mayor and Members of the City Council/Redevelopment Agency
FROM: Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
DATE: December 28, 1993
SUBJECT: REDEVELOPMENT PASS THROUGH AGREEMENTS
Staff is still working with the School District on the language of the pass -through
agreement related to the recently approved project area amendment. Similar to the
meetings of December 7 and December 21, this item is a place holder on the agenda in
case the negotiations are successfully completed. It is anticipated that the agreement will
be provided to you for review and approval on Tuesday, December 28.
H: \ccrpt-93\cc-rdapt.dec
'DA
STAFF REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Brian McNabb, Director of Community Development
via Pamela S. Easter, City Manager
DATE: December 28, 1993
SUBJECT: 1. RESOLUTION ELECTING TO RECEIVE PAYMENT PURSUANT TO
HEALTH & SAFETY CODE SECTION 33676
2. RECEIPTOFABOVE RESOLUTION BY REDEVELOPMENT AGENCY
RECOMMENDATION
Staff recommends that the City Council adopt and transmit the subject Resolution and the
Redevelopment Agency acknowledge receipt thereof.
BACKGROUND
Mark Huebsch, RDA Counsel, has advised the City Council that it may want to adopt the
subject Resolution which will allow the City's General Fund to receive the first 2% of the
City's share of the Tax Increment. The net result of this action is that, between the
Redevelopment Agency and the City, the same amount of ►property tax revenue will be
received, yet less will be restricted. The reason for tns i a the amount going to the
City does not have a housing set aside requirement, but can be used in virtually the same
manner as tax increment.
Please note this recommendation was received by phone late Thursday, in time to list on
the Agenda, but prior to the Resolution being prepared. Therefore, the Resolution will
be distributed to you on Monday.
H:\ccrpt-93\res-rec.dec
ODSOD4TOTT a tg OF SOH UPC:INTO
304 P.01 DEC 27 '97d OR:og
To: Cit4-!ofStnJaciiito Councilmembmrs IZ/Z?,93
From: Richdrii E. Brewer, City Clerk
Subject: fieuilit. Lion
Dear Courciimember:
It has MUM' :And more apparent recentlyothhit you aeh lede nut share
the sync roilun criecerniug thud, foturt sf Citu of ;hail gas:Into,
It is obuieus thdt :WU aehasson and dguelopment is this wag to improve
our quwiesm of tifve I igel Ist should bs readily diguernahle tedgmiging other
areas that this is not thh su,sc. Bather, increasing tht pophigtion with
love housing and sxsgsh2D,0 degelopnent serues nnly to generate more
crime, pollution dig!
Your recent unte to agdagg expatEd thr RedevWpment Aggssu Prgjest
Arca is evidtgice that uom gee dstchmtged to perpetrate a dram (was Lhe
currruf teggetatt 4 haa C'its i5 the fate of d gerg stusgeahle uppdadgi
positigh togeo re fess LP. este ada inpchladag dhsged oF Ibis Stdshche
by the State of lei h e 0,
Thc origigai f- tat Udsi ts-its enet1hag Paugtgtlaphesi Ohasedist
not, I am gedt, sds att„,s, i,tegiagd tel,d itshhe hstaShg atd
CommLaddh, Huhu-des thag tth Uaith deed at a ussu
to provide Mile therMiri ire earreoh.f that gurus ts surge
private Landee thc ar6. ihsto imgrusemests bg an tights thde!U La
paid far propertfg sums', d'±his Augetutigg Ufa in the COAS
druelopmeota
Whle, your druisinu had seeds Su !Odd the. pockets' of the high ptahhgl
consultants thdt haus iseta srusghP_ hgto 'Jae picture Ruhchnhaphunt stforls
hdue dope littls np ddtt tg gthaige hiprogpmEnts to, sogilitighs
for the eurreht ritiomes ol Orr get:Moto.
As our underpaid, hudessqughtd, avid ahAudtrained holitt Dust, gttughlhd
to hold the line moaest e rising tide uf crime egad hiniegcs mang,
many hours of staff rsim gashed sg thush grandgete atlaeses tog the
distant future Huh much Utatur uff All ueuld br if au Nash schugg gee pu:t
into combatting ths degoaTorgthede Of BUP COMMUnitV and gehtsdHog fl,n1(
resideuts.
I would hope that sorg- tamMagth of rgthssal sail urged.' tad gut
as a couoctimenber retdat ggs fused tu ths sress0 atd u!,! dht gsgasss
that we face right now, Td he tsideg theta gtatdtdt. seat:nig dud lusel
and fuli Attention o:
P Iedse ificairpt t
Richard E, Ermine