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Home My WebLink AboutAgenda - Agenda Packets - Regular Meeting 9/6/2016AGENDA JOINT REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY September 6, 2016, 6:30 p.m. 2045 S. San Jacinto Ave San Jacinto Unified School District Board Room San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation 1.4 Pledge of Allegiance 1.5 Special Presentations 1.6 MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS 1.7 Late Items 2. PUBLIC COMMENTS Now is the time for the public to address the Council on any subject within the jurisdiction of the City Council not listed on the agenda. A limitation of three (3) minutes shall be set for each person desiring to address the City Council. 2.1 City Manager's Report on previous month's public comments 3. JOINT CONSENT CALENDARS (SECTIONS 3A AND 3B) The matters listed under Consent Calendars are considered routine and will be enacted by one motion by City Council Members in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests a specified item be removed and/or discussed. If an item is pulled, it will be heard after the balance of the Consent Calendar has been voted on. 3A CONSENT CALENDAR - CITY COUNCIL 3A.1 Waiver of Full Reading of Ordinance(s), and Reading by Title Only / Approve / City Clerk, City Attorney 3A.2 Warrants and Disbursements - July 2016 / Approve / Finance Director City Council Agenda September 6, 2016 Page 2 of 4 3A.3 Grand Reservoir Rehabilitation / Approve / City Engineer 3A.4 San Jacinto Avenue at 5th Street and 6th Street All -Way Stop Warrant Study / Approve / City Engineer 3A.5 2016 CDBG Downtown Street Improvements (CIP 13-002) / Approve / City Engineer 3A.6 Cottonwood Avenue Sidewalk (KB Home) / Approve / City Engineer 3A.7 Treasurer's Report at July 31, 2016 / Approve / City Treasurer 3A.8 Second Reading of Ordinance No. 16-05, Adopting Development Agreement No. 15-5 between the City of San Jacinto and the John and Dora Boruchin Living Trust / Approve / Planning Consultant 3A.9 Second Reading of Ordinance No. 16-07, Adopting Development Agreement No. 16-1 between the City of San Jacinto and SACJAC I, LLC, a Delaware Limited Liability Company / Approve / Planning Consultant 3A.10 Second Reading of Ordinance No. 16-06, Adopting Development Agreement No. 16-2 between the City of San Jacinto and San Jacinto Colinas 337, LLC, a California Limited Liability Company / Approve / Planning Consultant 3B CONSENT CALENDAR - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 4. PUBLIC HEARING 5. STAFF REPORTS At the end of the scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of the Mayo; state their name, address, and the consent calendar item number pulled. Speakers should limit comments to three (3) minutes. 5.1 Acceptance of Sustainable Transportation Planning Grant Funds and Signature Authorization for Documents Related to the Sustainable Transportation Planning Grant / Sustainable Communities Grant Program / San Jacinto Trails Master Plan / Approve / Development Director 5.2 Safe Routes to School Active Transportation Committee / Approve / Development Director City Council Agenda September 6, 2016 Page 3 of 4 5.3 Resolution No. 3645, forming a Public Arts Commission To Promote and Support The Public Display and Appreciation of Art / Approve / City Manager 5.4 Approve a Memorandum of Understanding with the Service Employees International Union, Local 721 and a Memorandum of Understanding with the Management Association / Approve / City Manager 6. CLOSED SESSION 6.1 CLOSED SESSION - CITY COUNCIL 6.1.1 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager 6.1.2 CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Deputy City Attorneys Michael Maurer and Roger Crawford Unrepresented employee: City Manager Tim Hults 6.1.3 CONFERENCE WITH LEGAL COUNSEL Existing litigation pursuant to Government Code Section 54956.9(d)(1) 1 case: Mechammil v. San Jacinto et al., Ninth Circuit no. 14-56308; U.S. District Court no. 5:13-cv-01380-JGB-SP 6.1.4 CONFERENCE WITH LABOR NEGOTIATORS Agency Negotiators: Tim Hults, City Manager & Deputy City Attorneys Michael Maurer and Roger Crawford Represented parties: San Jacinto Management Association & Service Employees Internation Union, Local 721 6.2 CLOSED SESSION - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO 7. ADJOURNMENT If you challenge any action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council (c/o the City Clerk) at, or prior to, the public hearing. City Council Agenda September 6, 2016 Page 4 of 4 CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by the City Council as a result of a proceeding in which by law a hearing is required to be given, shall be required to commence that action 90 days following the date on which the decision of the City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is the intention of the City of San Jacinto to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 537-6358, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. Any writing related to an agenda item for an open session of a regular meeting of the City Council that is distributed less than 72 hours prior to the meeting will be made available for public inspection at the City Clerk's office, located at 595 South San Jacinto Avenue, San Jacinto, California, and at the regular meeting location - City of San Jacinto Community Center, 625 South Pico Avenue, San Jacinto, California - at the time the writing is distributed to a majority of the City Council DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the public counter located in the Administration Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, CA 92583 I, Angela Walton, City C(erkof the City of San Jacinto, do here6y certify that I caused to 6e posted the foregoing agenda this Septern6er 1, 2016, as required 6y Caw. Angela Walton, City Clerk AGENDA ITEM 3A.2 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Thomas Prill, Finance Director SUBJECT: Warrants and Disbursements — July 2016 RECOMMENDATION: Staff recommends that the City Council review and approve Warrants and Disbursements for the period of July1 through July 31, 2016 in the amount of $ 4,786,874.41. DISCUSSION: The City Council in its oversight role formally reviews disbursements of City funds made by Accounts Payable warrants, bi-weekly payrolls and electronic funds (wire) transfers. The following information is provided for such review and approval: WarrantsfvVi re Pay Date Amount Accounts Payable: # 115375-115716 Various $ 4,175,598.30 Payroll: Pay Period # 14 # 22552-22557 07/07/2016 Includes Warrants, Direct Deposits, Taxes, Garnishments Payroll: Pay Period # 15 # 22558-22566 07/21/2016 Includes Warrants, Direct Deposits, Taxes, Garnishments Electronic Funds Various Total Disbursements — Period of July 1-31, 2016 $ 102,282.93 $ 89,826.64 $ 419,166.54 $ 4, 786, 874.41 Prepared by: Judy Kelley, Account Clerk II Known Councilmember Conflicts: Check #'s 115496, 115604 FISCAL IMPACT: Expenditures by warrant, payroll direct deposit and electronic funds (wire) transfers have been appropriated. ATTACHMENTS: Accounts Payable Warrant Register — July 1-31, 2016 Note: Payroll information is on file in the Finance Department. PACKET PAGE: 1 City of San Jacinto Warrant Register 07/31/2016 £ :30`dd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115375 7/1/2016 Abm services,inc. 9507560 Janitorial srvcs june'16 010-3100-431.34-05 1,362.00 1,362.00 115376 7/1/2016 Adlerhorst international inc 71666 K-9 training June 2016 010-3100-431.34-12 158.34 158.34 115377 7/1/2016 American forensic nurses, inc. 67962 5 blood draws, 2 urine 010-3100-431.34-05 280.00 280.00 115378 7/1/2016 Amerigas 3053165985 Propane 579 gal 010-4150-410.21-70 2,742.18 2,742.18 115379 7/1/2016 Anna lomeli REQUEST 061316 REQUEST 061316 Refund credit balance Refund water deposit 050-0000-308.09-10 050-0000-229.08-70 76.40 11.15 87.55 115380 7/1/2016 Applied earthworks inc. 3447-01 Services 2/24-2/29/2016 186-9700-470.30-90 530.70 530.70 115381 7/1/2016 Aramark uniform 1447904626 1447904626 1447904627 1447904627 1447904628 1447904629 1447904629 Uniform service Uniform service Floor mat service Floor mat service Uniform service Uniform service Uniform service 010-7100-410.21-35 010-7101-410.21-35 050-1400-414.34-05 010-4200-410.34-05 010-4150-410.21-35 050-9000-450.21-35 055-4170-450.21-35 11.44 3.52 7.00 11.84 10.56 31.02 17.60 92.98 115382 7/1/2016 Arrow printing, inc. 14726 2,000 business cards 010-3100-431.36-10 118.80 118.80 115383 7/1/2016 Avant-garde inc. 4022 Services provided 199-9999-425.40-01 185.00 185.00 115384 7/1/2016 B & w pipe & supply 96761 96780 Irrigation supplies Irrigation supplies 010-7100-410.21-12 010-7100-410.21-12 107.72 167.43 275.15 115385 7/1/2016 Bee patrol 0129 06142016 Bee service Bee service 308-8831-500.34-05 025-7250-410.34-05 125.00 125.00 250.00 115386 7/1/2016 Bio-tox laboratories, inc. 32327 32328 32376 Analysis Analysis Alcohol, ethyl, blood 010-3100-431.34-05 010-3100-431.34-05 010-3100-431.34-05 769.22 1,008.82 156.00 1,934.04 115387 7/1/2016 Brandon rivera REQUEST 061316 Refund water deposit 050-0000-229.08-70 159.40 159.40 115388 7/1/2016 Brenntag pacific, inc. BPI632076 Sodium hypochlorite 050-9000-450.21-12 2,780.81 2,780.81 115389 7/1/2016 Byrd industrial electronics 525-16 Service provided 050-9000-450.30-90 796.44 796.44 115390 7/1/2016 Calpers REQUEST 062316 REQUEST 062316 Pay period end 5/22/16 Pay period end 6/5/2016 085-0000-202.21-28 085-0000-202.21-28 15,911.60 16,085.57 31,997.17 115391 7/1/2016 Carrico, david REQUEST 062116 Reimburse medical expense 010-2500-425.11-90 135.96 135.96 115392 7/1/2016 Catron, jan REQUEST 061416 REQUEST 061416 Reimburse medical expense Reimburse medical expense 010-2500-425.11-90 010-2500-425.11-90 97.92 12.73 110.65 Page 1 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register :30`dd l ),10V Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115393 7/1/2016 Cdn premier realty REQUEST 061316 Refund water deposit 050-0000-229.08-70 68.20 68.20 115394 7/1/2016 Circle inn development & managen REQUEST 062216 Refund cit #16865 paymt 010-0000-304.03-39 100.00 100.00 115395 7/1/2016 Crop production services, inc. 30423897 Safety glasses 010-4150-410.21-35 4.26 4.26 115396 7/1/2016 Dave's hauling 05202016 05202016 05202016 05202016 060916-NIGHTFAL Landscape/park trash srvc Landscape/park trash srvc Landscape/park trash srvc Bus stops trash service Weeded,trimmed trees/bush 376-8831-500.34-05 025-7100-410.34-05 025-7252-410.34-05 057-4150-410.34-05 010-3320-431.34-05 60.00 80.00 140.00 80.00 275.00 635.00 115397 7/1/2016 David bradford REQUEST 061316 Refund water deposit 050-0000-229.08-70 37.44 37.44 115398 7/1/2016 David taussig & associates, inc. 1605053 Srvcs provided may 2016 199-9999-425.40-01 4,444.50 4,444.50 115399 7/1/2016 Desert towing 1024 Tow service 010-3100-431.34-11 190.00 190.00 115400 7/1/2016 E.s. babcock & sons, inc. BF61358-0278 BF61361-0278 BF61375-0278 BF61546-0278 BF61648-0278 BF61378-0278 BF61685-0278 Coliforms p/a by mmo/mug General physical analysis Iron/icp,mn_icp_dw,mangan Nitrate -nitrogen Coliforms p/a by mmo/mug Halo acids,trihalomethane Coliforms p/a by mmo/mug 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 56.00 30.00 150.00 45.00 56.00 900.00 40.00 1,277.00 115401 7/1/2016 Eastern municipal water district REQUEST 062716 REQUEST 062716 Water service Water service 025-7100-410.35-10 353-8831-500.35-10 1,619.14 88.56 1,707.70 115402 7/1/2016 Elite customs construction EC-Z8425-2 Basketball court surface 308-8831-500.34-05 16,500.00 16,500.00 115403 7/1/2016 Elizabeth fleming REQUEST 061316 Refund water deposit 050-0000-229.08-70 76.79 76.79 115404 7/1/2016 Esgil corporation 05164673 Plan check fees may 2016 011-3300-431.30-90 2,913.00 2,913.00 115405 7/1/2016 Ewing incorporation 1644371 1644372 Hunter 1 station battery Multiple hunter batteries 050-9000-450.21-12 025-7252-410.34-05 177.66 700.30 877.96 115406 7/1/2016 Ez sunnyday landscape 1682 1685 1688 1689 1690 1691 Mainline break repair Irrigation repair Irrigation repair Irrigation repair Irrigation repair Irrigation repair 025-7250-410.34-05 311-8831-500.34-05 322-8831-500.34-05 343-8831-500.34-05 307-8831-500.34-05 025-7252-410.34-05 450.00 35.00 250.00 100.00 50.00 90.00 7,291.00 ZI m 3 W Page 2 City of San Jacinto Warrant Register 07/31/2016 :30`dd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115406... 7/1/2016... Ez sunnyday landscape... 1692 1694 1695 1696 1697 1703 1704 1707 1708 Irrigation repair Irrigation repair Irrigation repairs Irrigation repair Replace 4 5-gal plants Replace 3 nozzles Convert to drip water sys Irrigation repair Resolved water problem 025-7252-410.34-05 025-7252-410.34-05 311-8831-500.34-05 025-7252-410.34-05 025-7100-410.34-05 025-7252-410.34-05 302-8831-500.34-05 025-7252-410.34-05 025-7252-410.34-05 187.00 180.00 517.00 200.00 160.00 22.00 4,800.00 90.00 160.00 7,291.00... 115407 7/1/2016 Family dollar REQUEST 062216 Refund overpaymt cit16538 010-0000-304.03-39 156.00 156.00 115408 7/1/2016 Federal express corporation 5-452-37207 Delivery service 010-3320-431.21-65 93.30 93.30 115409 7/1/2016 Fm lock and safe,inc. 87842 88747 89215 Keys, tags Keys Keys 010-3100-431.33-10 010-3100-431.33-10 010-3100-431.33-10 45.90 4.32 12.96 63.18 115410 7/1/2016 Frontier communications REQUEST 070116 REQUEST 070116 Telephone service Telephone service 010-2500-425.35-16 010-6500-425.35-16 904.63 46.50 951.13 115411 7/1/2016 Gas company,the REQUEST 062716 REQUEST 062716 REQUEST 062716 REQUEST 062716 REQUEST 062716 Gas service Gas service Gas service Gas service Gas service 010-2500-425.35-12 010-6500-425.35-12 010-3100-431.35-12 010-4200-410.35-12 034-3200-431.35-12 0.94 10.46 39.17 3.76 23.28 77.61 115412 7/1/2016 Graves & king Ilp 9788-04 Defense costs/claimjs1418 020-2200-419.30-90 17,214.64 17,214.64 115413 7/1/2016 Hartford life insurance companies REQUEST 062316 6/9/2016, group #109947 085-0000-202.21-29 1,943.08 1,943.08 115414 7/1/2016 Hemet industrial supply 43293 1/2 x 3-1/2 hitch pin 050-9000-450.33-50 3.22 3.22 115415 7/1/2016 Hernandez landscape co., inc. 1634 1655 1659 Irrigation repairs Irrigation repairs Irrigation repair 025-7252-410.34-05 321-8831-500.34-05 362-8831-500.34-05 3,510.00 360.00 375.00 4,245.00 115416 7/1/2016 Hi -way safety, inc. 45921 Custom aluminum sign 199-9999-425.40-01 360.50 360.50 115417 7/1/2016 Home depot credit services 4034089 Ss entry lock 055-4170-450.21-12 13.23 13.23 115418 7/1/2016 Hults, tim REQUEST 062216 Reimburse medical expense 010-2500-425.11-90 42.20 42.20 115419 7/1/2016 lb reprographics 127410 Digital ppc 199-9999-425.40-01 601.14 601.14 Page 3 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register 9 :30`dd 13NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115420 7/1/2016 Icma retirement trust REQUEST 062316 6/9/2016, group #300434 085-0000-202.21-29 500.00 500.00 115421 7/1/2016 Image source 477115 Meter usage 5/15-6/14/16 010-4200-410.34-05 196.76 196.76 115422 7/1/2016 Infosend inc. 106250 106250 107025 107025 107186 107191 Data process/mail service Data process/mail service Data process/mail service Data process/mail service Ccr reports insert fee Mail prep & delivery 050-1400-414.34-05 055-1400-414.34-05 050-1400-414.34-05 055-1400-414.34-05 050-9000-450.34-05 199-9999-425.40-01 1,269.93 1,269.93 298.41 298.41 63.00 2,235.02 5,434.70 115423 7/1/2016 Iso claims partners,inc. CP00097272 Conditional paymt search 020-2200-419.30-90 60.00 60.00 115424 7/1/2016 Jeremiah e walton REQUEST 061316 REQUEST 061316 Refund credit balance Refund water deposit 050-0000-308.09-10 050-0000-229.08-70 92.62 129.77 222.39 115425 7/1/2016 Juan rodriguez REQUEST 061316 Refund water deposit 050-0000-229.08-70 13.49 13.49 115426 7/1/2016 Kimley-horn & associates,inc. 094873001-1605R Service provided may 2016 199-9999-425.40-01 1,895.00 1,895.00 115427 7/1/2016 Kosmont companies, inc. 0003 Prof services may 2016 199-9999-425.40-01 8,541.25 8,541.25 115428 7/1/2016 Lyndaj withell REQUEST 061316 Refund credit balance 050-0000-308.09-10 70.00 70.00 115429 7/1/2016 Lynn merrill and associates, inc. NUMBER FY16-24 NUMBER FY16-24 NUMBER FY16-24 NPDESINSPECT-1 Srvc provided 6/6-6/19/16 Srvc provided 6/6-6/19/16 Srvc provided 6/6-6/19/16 Srvc provided 5/1-6/2/16 010-4140-410.34-06 050-9000-450.30-90 010-4200-410.10-04 056-4150-410.34-05 425.00 1,328.15 42.50 1,925.00 3,720.65 115430 7/1/2016 Martha guevara REQUEST 061316 Refund water deposit 050-0000-229.08-70 103.08 103.08 115431 7/1/2016 Mason, ryan REQUEST 062116 Reimb online class fee 055-4170-450.31-20 50.00 50.00 115432 7/1/2016 Maupin, marcee REQUEST 062016 REQUEST 062216 Reimburse medical expense Reimb notary registra fee 010-2500-425.11-90 010-2500-425.30-90 40.00 61.00 101.00 115433 7/1/2016 Michael stanley REQUEST 061316 Refund water deposit 050-0000-229.08-70 151.13 151.13 115434 7/1/2016 Monarch landscape 1272 1273 1274 1276 Replace nozzles Replace nozzle Stat 7 pop-up sprinkler Stations 3 & 8 309-8831-500.34-05 365-8831-500.34-05 355-8831-500.34-05 341-8831-500.34-05 15.00 5.00 15.00 45.00 80.00 115435 7/1/2016 Montezuma limited partnership REQUEST 061316 Refund water deposit 050-0000-229.08-70 165.14 165.14 115436 7/1/2016 Mullen, arthur REQUEST 062316 Reimburse medical expense 010-2500-425.11-90 20.00 20.00 115437 7/1/2016 Murphy, tessa REQUEST 061516 Reimburse medical expense 010-2500-425.11-90 60.00 60.00 ZI m 3 W Page 4 City of San Jacinto Warrant Register 07/31/2016 L :30`dd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115438 7/1/2016 Nbs local government solutions, ini 61600002 Engineer signature stamp 102-1400-500.30-90 1,500.00 1,500.00 115439 7/1/2016 Overnight industrial supply,inc. 7950 Gloves,liners, toil tiss 010-7100-410.21-12 282.26 282.26 115440 7/1/2016 Patriot one security 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 321-8831-500.34-05 331-8831-500.34-05 313-8831-500.34-05 303-8831-500.34-05 376-8831-500.34-05 338-8831-500.34-05 329-8831-500.34-05 332-8831-500.34-05 341-8831-500.34-05 320-8831-500.34-05 343-8831-500.34-05 322-8831-500.34-05 327-8831-500.34-05 301-8831-500.34-05 311-8831-500.34-05 325-8831-500.34-05 345-8831-500.34-05 326-8831-500.34-05 307-8831-500.34-05 308-8831-500.34-05 362-8831-500.34-05 355-8831-500.34-05 353-8831-500.34-05 321-8831-500.34-05 331-8831-500.34-05 313-8831-500.34-05 303-8831-500.34-05 376-8831-500.34-05 338-8831-500.34-05 329-8831-500.34-05 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 0.00 Page 5 Zld£ W 31I Ada N 3 91d City of San Jacinto Warrant Register m z 07/31/2011 a 9 :30`dd 13NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115440... 7/1/2016... Patriot one security... 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 Patrol service June 2016 332-8831-500.34-05 341-8831-500.34-05 320-8831-500.34-05 343-8831-500.34-05 322-8831-500.34-05 327-8831-500.34-05 301-8831-500.34-05 311-8831-500.34-05 325-8831-500.34-05 345-8831-500.34-05 326-8831-500.34-05 307-8831-500.34-05 308-8831-500.34-05 362-8831-500.34-05 355-8831-500.34-05 353-8831-500.34-05 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 -403.20 0.00... 115441 7/1/2016 Press enterprise/freedom commun0010159385 Advertising 010-1210-412.30-90 126.00 126.00 115442 7/1/2016 Press enterprise/freedom commun 0010170569 0010172109 0010172111 Advertising Advertising Advertising 199-9999-425.40-01 010-1100-411.21-65 010-1100-411.21-65 75.40 40.30 46.80 162.50 115443 7/1/2016 Press enterprise/freedom commun0010162058 0010162062 Advertising Advertising 199-9999-425.40-01 199-9999-425.40-01 770.00 875.00 1,645.00 115444 7/1/2016 Probity automotive specialists,inc. 10774 10779 Work performed unit 949 Work performed unit 999 050-9000-450.33-50 010-3320-431.33-50 577.16 352.45 929.61 115445 7/1/2016 Rex beck REQUEST 061316 Refund water deposit 050-0000-229.08-70 136.00 136.00 115446 7/1/2016 Riverside county sheriff departmen SH0000028542 SH0000028542 SH0000028542 SH0000028542 SH0000028542 Contract law bp #11 Contract law bp #11 Contract law bp #11 Contract law bp #11 Contract law bp #11 010-3100-431.34-04 010-3100-431.34-04 010-3100-431.31-15 010-3100-431.34-06 034-3100-431.34-04 565,561.50 12,401.38 994.52 21,011.19 42,934.40 642,902.99 115447 7/1/2016 Row traffic safety inc 14912 14913 15 rd closed signs, cone Flgtrees,vari rllup signs 024-4150-410.21-36 055-4170-450.33-30 785.16 1,531.46 2,402.59 ZI m 3 W Page 6 City of San Jacinto Warrant Register 07/31/2016 6 :30`dd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115447... 7/1/2016... Row traffic safety inc... 14926 4"steel plates ahead"sign 055-4170-450.33-30 85.97 2,402.59... 115448 7/1/2016 Securtec district patrol, inc. 0516-SJPE Services for may 2016 056-4150-410.34-05 7,560.00 7,560.00 115449 7/1/2016 Smith, eric REQUEST 062716 Reimburse medical expense 010-2500-425.11-90 10.00 10.00 115450 7/1/2016 Sondra stormer REQUEST 061316 Refund water deposit 050-0000-229.08-70 12.07 12.07 115451 7/1/2016 South coast a.q.m.d. 2963789 Annual renewal fees 034-3200-431.33-10 354.86 354.86 115452 7/1/2016 Star auto parts 201209 201214 Blower motor Towels,tape,plug,blow gun 050-9000-450.33-50 010-4150-410.33-30 91.37 21.55 112.92 115453 7/1/2016 State of california dept of justice 172637 Analysis 010-3100-431.34-05 140.00 140.00 115454 7/1/2016 Stretchen it carpets 301 Install carpet in 3 rooms 010-4200-410.33-10 3,080.00 3,080.00 115455 7/1/2016 Sungard public sector inc./fis 119301 119301 121547 June fee waived by vendor Asp srvc maint june 2016 Asp srvc maint july 2016 010-1400-414.34-05 010-1400-414.34-05 010-1400-414.34-05 -4,359.00 4,359.00 4,359.00 4,359.00 115456 7/1/2016 Sunrise at parkhill REQUEST 062716 REQUEST 062716 Reimburse for sce 50% Reimburse for Ihmwd 50% 322-8831-500.35-14 322-8831-500.35-10 156.91 662.84 819.75 115457 7/1/2016 The universal church REQUEST 061316 Refund water deposit 050-0000-229.08-70 60.34 60.34 115458 7/1/2016 Tri county pump company, inc. 15406 15407 Service provided Service provided 050-9000-450.40-45 050-9000-450.33-30 4,960.00 32,636.00 37,596.00 115459 7/1/2016 Usc foundation 13726 Membership renewal 050-9000-450.31-20 200.00 200.00 115460 7/1/2016 Verizon wireless 9767106921 9767106921 9767106921 9767106921 9767106921 9767106921 9767106921 9767106921 9767106921 9767106921 9767106921 9767106921 9767106921 Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service 010-1100-411.35-17 011-1700-417.35-17 010-3100-431.35-17 011-3300-431.35-17 010-3320-431.35-17 010-4140-410.35-17 010-4150-410.35-17 010-4200-410.35-17 010-7100-410.35-17 010-7101-410.35-17 050-4200-410.35-17 050-9000-450.35-17 055-4170-450.35-17 154.85 22.87 39.31 27.18 76.50 24.35 84.52 108.40 104.65 14.94 6.87 160.63 65.40 909.40 Page 7 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register :30b'd 13>N0`dd 0 Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115460... 7/1/2016... Verizon wireless... 9767106921 9767106921 9767106921 Staff cell phone service Staff cell phone service Staff cell phone service 055-4200-410.35-17 010-9600-960.35-17 010-2500-425.35-17 3.44 13.07 2.42 909.40... 115461 7/1/2016 Xianjin wang REQUEST 061316 Refund water deposit 050-0000-229.08-70 136.48 136.48 115462 7/1/2016 Zumar industries, inc. 0165276 Snspecial 3609 & 4209 010-4150-410.21-12 496.80 496.80 115463 7/8/2016 Best best & krieger, Ilp 774203 Matter #83070.00003 186-1111-411.30-90 233.60 233.60 115464 7/8/2016 Calpers REQUEST 062916 Pay period end 6/19/2016 085-0000-202.21-28 15,337.53 15,337.53 115465 7/8/2016 Cwea REQUEST 070116 REQUEST 070116 Gr 2 cert renew/ a.mullen Membership renew/a.mullen 055-4170-450.31-20 055-4170-450.31-20 86.00 164.00 250.00 115466 7/8/2016 Department of motor vehicles REQUEST 070116 Pti fee (5 yrs) vin 19739 024-3100-431.33-50 10.00 10.00 115467 7/8/2016 Division of the state architect REQUEST 063016 REQUEST 063016 Casp fees 4/1-6/30/2016 Casp fees 4/1-6/30/2016 065-0000-201.09-08 010-0000-310.07-96 222.00 -155.40 66.60 115468 7/8/2016 Eastern municipal water district REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service 025-7250-410.35-10 055-4170-450.35-10 301-8831-500.35-10 303-8831-500.35-10 305-8831-500.35-10 306-8831-500.35-10 307-8831-500.35-10 308-8831-500.35-10 310-8831-500.35-10 311-8831-500.35-10 313-8831-500.35-10 317-8831-500.35-10 321-8831-500.35-10 323-8831-500.35-10 325-8831-500.35-10 327-8831-500.35-10 331-8831-500.35-10 332-8831-500.35-10 338-8831-500.35-10 15.01 39.49 1,425.00 278.10 1,199.23 216.50 4,155.25 1,424.75 136.34 2,854.94 1,903.99 20.82 563.33 153.34 886.82 2,546.96 195.42 1,136.36 1,349.00 28,508.60 ZI m 3 W Page 8 City of San Jacinto Warrant Register 07/31/2016 :0b'd 1>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115468... 7/8/2016... Eastern municipal water district... REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Water service Water service Water service Water service Water service Water service Water service Water service Water service 339-8831-500.35-10 341-8831-500.35-10 343-8831-500.35-10 346-8831-500.35-10 359-8831-500.35-10 362-8831-500.35-10 364-8831-500.35-10 365-8831-500.35-10 376-8831-500.35-10 38.25 1,908.57 2,208.77 543.96 894.15 242.09 20.82 103.41 2,047.93 28,508.60... 115469 7/8/2016 Eastern municipal water district REQUEST 063016 REQUEST 063016 REQUEST 063016 Sewer/trash settlmt may16 Sewer/trash settlmt may16 Sewer/trash settlmt may16 059-0000-308.08-68 055-0000-308.07-30 055-0000-201.20-40 1.13 -43,964.58 112,377.67 68,414.22 115470 7/8/2016 Federal express corporation 5-430-82281 5-430-82281 5-459-91424 5-459-91424 Delivery service Delivery service Delivery service Delivery service 199-9999-425.40-01 011-1700-417.21-65 010-1110-411.21-65 010-3320-431.21-65 25.30 25.30 24.07 13.48 88.15 115471 7/8/2016 Frontier communications REQUEST 070516 REQUEST 070516 REQUEST 070516 Telephone service Telephone service Telephone service 010-2500-425.35-16 010-4200-410.35-16 050-9000-450.35-16 256.06 725.36 49.18 1,030.60 115472 7/8/2016 Horizon water 9-4-1200-063016 9-4-3100-063016 9-4-3300-063016 Drinking water service Drinking water service Drinking water service 010-2500-425.21-10 010-3100-431.21-10 010-2500-425.21-10 40.50 126.00 36.00 202.50 115473 7/8/2016 Paetec 59518679 Communication service 010-2500-425.35-16 1,269.86 1,269.86 115474 7/8/2016 Purchase power 06122016 Postage 010-3100-431.21-65 331.99 331.99 115475 7/8/2016 Riverside county info technology 9990088000-1606 I.t. service june 2016 017-2290-418.34-20 7,988.88 7,988.88 115476 7/8/2016 Southern california edison REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service 025-7260-410.35-14 323-8831-500.35-14 353-8831-500.35-14 010-4150-410.35-14 302-8831-500.35-14 325-8831-500.35-14 39.32 71.09 36.15 173.06 215.09 488.48 1,523.51 Page 9 Zld£ W 31I Ada N 3 91d City of San Jacinto Warrant Register m z 07/31/2011 a :30b'd 13>N0`dd N Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115476... 7/8/2016... Southern california edison... REQUEST 063016 REQUEST 063016 Electricity service Electricity service 371-8831-500.35-14 376-8831-500.35-14 11.33 488.99 1,523.51... 115477 7/8/2016 U.s. postmaster 12202015 Standard mail permit #2 010-2500-425.21-65 215.00 215.00 115478 7/8/2016 United healthcare insurance co.,inc 0033306063 0033306063 0033306063 0033306063 Premium july 2016 Premium july 2016 City portion cobra julyl6 City portion cobra julyl6 085-0000-202.21-39 065-0000-201.08-64 010-4200-410.11-18 010-7400-425.11-18 49,035.08 1,828.13 23.74 52.77 50,939.72 115479 7/8/2016 Verizon wireless 9766822248 Motor ticket rprt writer 024-3100-431.21-90 22.20 22.20 115480 7/8/2016 Xerox financial services 566303 566303 Lease 6/18-7/17/16 Lease 6/18-7/17/16 010-2500-425.34-05 010-3100-431.34-05 2,341.93 214.64 2,556.57 115481 7/6/2016 Patriot one security 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 1081 Patrol service june 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 Patrol service june 2016 Patrol service June 2016 Patrol service June 2016 Patrol service June 2016 321-8831-500.34-05 331-8831-500.34-05 313-8831-500.34-05 303-8831-500.34-05 376-8831-500.34-05 338-8831-500.34-05 329-8831-500.34-05 332-8831-500.34-05 341-8831-500.34-05 320-8831-500.34-05 343-8831-500.34-05 322-8831-500.34-05 327-8831-500.34-05 301-8831-500.34-05 311-8831-500.34-05 325-8831-500.34-05 345-8831-500.34-05 326-8831-500.34-05 307-8831-500.34-05 308-8831-500.34-05 362-8831-500.34-05 355-8831-500.34-05 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 9,273.60 ZI m 3 W Page 10 City of San Jacinto Warrant Register 07/31/2016 :0b'd 1>NOVd W Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115481... 7/6/2016... Patriot one security... 1081 Patrol service June 2016 353-8831-500.34-05 403.20 9,273.60... 115482 7/15/2016 Acorn solutions, inc. 0191243-IN Usb drive 010-1400-414.30-90 617.49 617.49 115483 7/15/2016 Aflac 899028 Premium june 2016 085-0000-202.21-27 1,032.43 1,032.43 115484 7/15/2016 All cities engineering, inc. 1015 Street repair 010-4150-410.34-05 12,449.00 12,449.00 115485 7/15/2016 American forensic nurses, inc. 68037 3 blood draws, 1 urine 010-3100-431.34-05 160.00 160.00 115486 7/15/2016 Anna lomeli REQUEST 062916 Refund credit balance 050-0000-308.09-10 111.49 111.49 115487 7/15/2016 Aramark uniform 1447916327 1447916327 1447916328 1447916328 1447916329 1447916330 1447916330 1447927881 1447927881 1447927882 1447927882 1447927883 1447927884 1447927884 Uniform service Uniform service Floor mat service Floor mat service Uniform service Uniform service Uniform service Uniform service Uniform service Floor mat service Floor mat service Uniform service Uniform service Uniform service 010-7101-410.21-35 010-7100-410.21-35 050-1400-414.34-05 010-4200-410.34-05 010-4150-410.21-35 050-9000-450.21-35 055-4170-450.21-35 010-7101-410.21-35 010-7100-410.21-35 050-1400-414.34-05 010-4200-410.34-05 010-4150-410.21-35 050-9000-450.21-35 055-4170-450.21-35 3.52 11.44 7.00 11.84 13.06 36.04 14.08 3.52 11.44 7.00 11.84 10.56 23.54 14.08 178.96 115488 7/15/2016 Armando mendoza moran REQUEST 062916 Refund water deposit 050-0000-229.08-70 126.32 126.32 115489 7/15/2016 B & w pipe & supply 96818 96860 Irrigation supplies Irrigation supplies 305-8831-500.34-05 010-7100-410.21-12 209.07 87.40 296.47 115490 7/15/2016 Bcc benefit coordinators corp 1681 1681 Premium july 2016 Employee supplemtjuly'16 085-0000-202.21-46 085-0000-202.21-52 1,681.88 312.50 1,994.38 115491 7/15/2016 Best best & krieger, Ilp 06082016 06082016 06082016 06082016 06082016 06082016 Total rda Total general fund Special service environmt Assessment for cfd 2002-1 Tower inv v city sj Total agreement 186-1111-411.30-90 010-1111-411.30-90 011-1700-417.30-90 045-8800-450.30-90 065-0000-201.08-13 065-0000-211.21-20 61.20 37,295.59 511.36 5.29 935.88 3,774.00 43,811.92 Page 11 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register :30b'd 13>N0`dd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115491... 7/15/2016... Best best & krieger, Ilp... 06082016 06082016 Total agreement Levee right of way 065-0000-211.21-31 199-9999-425.40-01 651.00 577.60 43,811.92... 115492 7/15/2016 Boot barn inc. 271147 Work boots/ f. zaldvar 010-4140-410.21-35 200.00 200.00 115493 7/15/2016 Brenntag pacific, inc. BPI633839 BPI636185 BPI637825 Sodium hypochlorite Sodium hypochlorite Sodium hypochlorite 050-9000-450.21-12 050-9000-450.21-12 050-9000-450.21-12 2,143.89 3,765.26 1,937.25 7,846.40 115494 7/15/2016 Carrico, david REQUEST 063016 Reimb work boot purchase 010-4140-410.21-35 200.00 200.00 115495 7/15/2016 Ced consolidated electrical 2983-502406 120v minbay lamp 050-9000-450.21-12 11.66 11.66 115496 7/15/2016 Central county united way REQUEST 063016 Employee contrib june '16 085-0000-202.21-80 76.00 76.00 115497 7/15/2016 Clark's towing and recovery S25351 Evidence tow & storage 010-3100-431.30-90 255.00 255.00 115498 7/15/2016 Cmta/calif municipal treasurers 2016-192 Mbrship renewal/ t. prill 010-1400-414.30-16 155.00 155.00 115499 7/15/2016 Colfin al-ca4 Ilc REQUEST 062916 REQUEST 062916 Refund water deposit Refund credit balance 050-0000-229.08-70 050-0000-308.09-10 141.12 133.23 274.35 115500 7/15/2016 Copp contracting, inc. 1893A 1893A 1895 1895 1895 R Correction for ck #114577 Correction for ck #114577 Work performed Retention withheld Release retention 712-4150-500.40-01 199-0000-210.20-25 712-4150-500.40-01 199-0000-210.20-25 199-0000-210.20-25 -28,101.20 1,405.06 23,535.80 -1,176.79 14,968.43 10,631.30 115501 7/15/2016 Copp contracting, inc. 1895A 1895A 1895A 1895 R-2 Work performed Work performed Retention withheld Release retention 735-4150-500.40-12 737-4150-500.40-12 199-0000-210.20-25 199-0000-210.20-25 628.00 172.00 -40.00 1,358.44 2,118.44 115502 7/15/2016 Corky's pest control, inc. 398332 Pest control service 010-3100-431.33-10 125.00 125.00 115503 7/15/2016 Cr&r incorporated 29-0020120 0-07 Trash srvc 7/1-9/30/2016 010-6500-425.34-05 65.40 65.40 115504 7/15/2016 Crafco inc 00429772 Hp asphalt bulk 010-4150-410.21-12 2,096.19 2,096.19 115505 7/15/2016 Crop production services, inc. 30524033 Tyvek xxl w/elastic 010-4150-410.21-35 2,287.63 2,287.63 115506 7/15/2016 Cwea REQUEST 063016 REQUEST 070616 Membership / r. mason Coll sys maint cert/mason 055-4170-450.31-20 055-4170-450.31-20 172.00 83.00 255.00 115507 7/15/2016 Dangelo co inc. S1279806.001 Hardware supplies 050-9000-450.21-12 126.31 126.31 115508 7/15/2016 Dave's hauling 06302016 06302016 Park/landscpe trash srvc Park/landscpe trash srvc 301-8831-500.34-05 307-8831-500.34-05 40.00 20.00 4,845.00 ZI m 3 W Page 12 City of San Jacinto Warrant Register 07/31/2016 :0b'd 1>NOVd 01 Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115508... 7/15/2016... Dave's hauling... 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 06302016 Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc Park/landscpe trash srvc 308-8831-500.34-05 311-8831-500.34-05 313-8831-500.34-05 320-8831-500.34-05 321-8831-500.34-05 322-8831-500.34-05 325-8831-500.34-05 327-8831-500.34-05 329-8831-500.34-05 331-8831-500.34-05 332-8831-500.34-05 338-8831-500.34-05 341-8831-500.34-05 343-8831-500.34-05 345-8831-500.34-05 346-8831-500.34-05 353-8831-500.34-05 355-8831-500.34-05 362-8831-500.34-05 367-8831-500.34-05 376-8831-500.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7100-410.34-05 025-7100-410.34-05 025-7100-410.34-05 025-7100-410.34-05 025-7252-410.34-05 025-7100-410.34-05 025-7100-410.34-05 80.00 220.00 80.00 120.00 40.00 120.00 80.00 60.00 60.00 60.00 80.00 80.00 40.00 40.00 140.00 60.00 20.00 20.00 20.00 60.00 480.00 20.00 40.00 20.00 20.00 20.00 20.00 100.00 640.00 1,120.00 60.00 80.00 4,845.00... Page 13 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register 3OVd 13>NOVd 0) Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115508... 7/15/2016... Dave's hauling... 06302016 06302016 07012016-MEADOV Park/landscpe trash srvc Bus stops trash service Property clean up 025-7250-410.34-05 057-4150-410.34-05 362-8831-500.34-05 140.00 320.00 225.00 4,845.00... 115509 7/15/2016 Domain listings 282-1848 Annual website name list 010-2500-425.34-05 228.00 228.00 115510 7/15/2016 E.s. babcock & sons, inc. BF62352-0278 BF62433-0278 BG60117-0278 Coliforms p/a by mmo/mug Perchlorate Coliformns p/a by mmo/mug 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 56.00 110.00 56.00 222.00 115511 7/15/2016 Eastern municipal water district REQUEST 063016 REQUEST 063016 REQUEST 063016 Water service Water service Water service 034-3200-431.35-10 326-8831-500.35-10 345-8831-500.35-10 270.23 1,101.96 4,099.21 5,471.40 115512 7/15/2016 Elite air condition & heating 39976 Plumbing repairs 034-3200-431.33-10 775.00 775.00 115513 7/15/2016 Elite customs construction EC-16014-2 Replace 2 60 amp fuses 010-3100-431.33-10 375.00 375.00 115514 7/15/2016 Employment screening services, in 35844540590 35891940590 Employmt background check Degree background check 010-1210-412.30-90 010-1210-412.30-90 183.50 48.50 232.00 115515 7/15/2016 Ernesto nunez REQUEST 062916 Refund water deposit 050-0000-229.08-70 66.22 66.22 115516 7/15/2016 Ewing incorporation 1738092 Hunter battery 305-8831-500.34-05 232.78 232.78 115517 7/15/2016 Ez sunnyday landscape 1693 1706 1709 1710 1711 1712 1713 1714 1715 1716 1717 1718 1698 1698 1698 Replace with new plants Irrigation repairs Irrigation repairs Irrigation repairs Irrigation repairs Irrigation repairs Irrigation repairs Irrigation repairs Irrigation repairs Install 2 driplines with Irrigation repairs Irrigation repairs Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 308-8831-500.34-05 359-8831-500.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7100-410.34-05 025-7252-410.34-05 307-8831-500.34-05 025-7251-410.34-05 025-7250-410.34-05 025-7252-410.34-05 311-8831-500.34-05 025-7100-410.34-05 025-7100-410.34-05 025-7100-410.34-05 400.00 756.00 253.00 45.00 220.00 120.00 90.00 40.00 194.00 1,100.00 109.00 149.00 440.00 630.00 606.00 26,663.50 ZI m 3 W Page 14 City of San Jacinto Warrant Register 07/31/2016 :0b'd 1>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115517... 7/15/2016... Ez sunnyday landscape... 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 Maintenance June 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 025-7250-410.34-05 025-7250-410.34-05 010-7100-410.34-05 025-7250-410.34-05 025-7250-410.34-05 025-7250-410.34-05 025-7250-410.34-05 025-7250-410.34-05 025-7251-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7250-410.34-05 025-7250-410.34-05 302-8831-500.34-05 304-8831-500.34-05 307-8831-500.34-05 311-8831-500.34-05 316-8831-500.34-05 317-8831-500.34-05 319-8831-500.34-05 320-8831-500.34-05 322-8831-500.34-05 367-8831-500.34-05 025-7250-410.34-05 368-8831-500.34-05 025-7250-410.34-05 331-8831-500.34-05 41.00 63.00 64.00 47.00 49.00 99.00 69.00 75.00 1,000.00 700.00 475.00 475.00 475.00 475.00 575.00 475.00 100.00 143.00 150.00 22.00 2,015.00 1,000.00 31.00 41.00 112.00 900.00 800.00 250.00 140.00 32.50 400.00 215.00 26,663.50... Page 15 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register :30b'd 13>N0`dd CO Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115517... 7/15/2016... Ez sunnyday landscape... 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1698 1699 1699 1699 1699 1699 1699 1699 1699 1699 1699 1699 1699 1699 1699 1699 1699 Maintenance June 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Landscape maintjune 2016 Landscape maintjune 2016 Landscape maint june 2016 Landscape maintjune 2016 Landscape maint june 2016 Landscape maintjune 2016 Landscape maintjune 2016 Landscape maint june 2016 Landscape maintjune 2016 Landscape maint june 2016 Landscape maintjune 2016 Landscape maint june 2016 Landscape maintjune 2016 Landscape maintjune 2016 Landscape maintjune 2016 Landscape maint june 2016 310-8831-500.34-05 343-8831-500.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7250-410.34-05 331-8831-500.34-05 322-8831-500.34-05 320-8831-500.34-05 319-8831-500.34-05 311-8831-500.34-05 307-8831-500.34-05 304-8831-500.34-05 010-7100-410.34-05 025-7100-410.34-05 025-7250-410.34-05 025-7250-410.34-05 308-8831-500.34-05 308-8831-500.34-05 025-7250-410.34-05 359-8831-500.34-05 025-7250-410.34-05 339-8831-500.34-05 025-7250-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7100-410.34-05 150.00 1,935.00 500.00 500.00 600.00 60.00 135.00 175.00 200.00 133.00 275.00 35.00 220.00 320.00 100.00 200.00 1,500.00 50.00 200.00 650.00 225.00 100.00 65.00 395.00 295.00 395.00 395.00 195.00 26,663.50... 115518 7/15/2016 Fm lock and safe,inc. 89287 Keys for fire station 78 034-3200-431.33-10 25.92 25.92 115519 7/15/2016 Fredrick highleyjr REQUEST 062916 Refund water deposit 050-0000-229.08-70 4.26 4.26 115520 7/15/2016 Fresh start homes Ilc REQUEST 062916 Refund water deposit 050-0000-229.08-70 130.69 130.69 115521 7/15/2016 Frontier communications REQUEST 071116 Telephone service 010-3100-431.35-16 46.19 93.98 ZI m 3 W Page 16 City of San Jacinto Warrant Register 07/31/2016 :0b'd 1>NOVd CO Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115521... 7/15/2016... Frontier communications... REQUEST 071116 Telephone service 010-6100-425.35-16 47.79 93.98... 115522 7/15/2016 Gary lee chambers REQUEST 062916 Refund water deposit 050-0000-229.08-70 196.44 196.44 115523 7/15/2016 Hartford life insurance companies REQUEST 063016 REQUEST 071116 6/23/2016, group # 109947 7/7/2016, group #109947 085-0000-202.21-29 085-0000-202.21-29 1,943.08 1,943.08 3,886.16 115524 7/15/2016 Helena chemical company,inc. 30642452 30 gals 010-4150-410.21-14 639.90 639.90 115525 7/15/2016 Hemet industrial supply 43324 F/npt hyd plug 010-4150-410.33-30 14.23 14.23 115526 7/15/2016 Hemet valley pipe & supply 169779 169784 6 caution tape-1000'rolls 144 blk cut nipples 050-9000-450.21-12 050-9000-450.21-12 96.94 114.44 211.38 115527 7/15/2016 Hemet valley tool, inc. 108849 108930 109007 4 1/2" cut off blade 3000w honda generator 8" hit strap wrench 010-4150-410.21-12 010-7101-410.21-80 010-4140-410.21-80 31.86 1,614.60 52.92 1,699.38 115528 7/15/2016 Hernandez landscape co., inc. 1660 1661 1662 Replace irrigation cntrlr Troubleshoot flow meter Troubleshoot 2 flow meter 025-7252-410.34-05 325-8831-500.34-05 345-8831-500.34-05 200.00 110.00 245.00 555.00 115529 7/15/2016 Home depot credit services 5580153 5580153 Cordless grndr,batt chrgr Cordless grndr,batt chrgr 010-4150-410.21-12 010-4150-410.21-80 13.91 278.64 292.55 115530 7/15/2016 Icma retirement trust REQUEST 063016 REQUEST 071116 6/23/2016, group #300434 7/7/2016, group #300434 085-0000-202.21-29 085-0000-202.21-29 500.00 500.00 1,000.00 115531 7/15/2016 Image source 479371 479371 477394 Copies 5/18-6/17/2016 Copies 5/18-6/17/2016 Annual renew 6/15-6/14/17 010-2500-425.34-05 010-3100-431.34-05 010-4200-410.34-05 277.28 151.18 310.00 738.46 115532 7/15/2016 Iron mountain inc. MUD7283 MUD7283 Service 5/25-6/28/2016 Storage july 2016 010-2500-425.30-90 010-2500-425.30-90 18.08 95.00 113.08 115533 7/15/2016 Jethro brown REQUEST 062916 Refund water deposit 050-0000-229.08-70 92.03 92.03 115534 7/15/2016 Jim's backflow service 061416-CAWSTON 061416-ECHO RD 061416-KATRINA 061416-DE ANZA 061416-W.ESPLAN 061416-E. EVANS 061416-KIRBY Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test 326-8831-500.34-05 376-8831-500.34-05 317-8831-500.34-05 338-8831-500.34-05 343-8831-500.34-05 304-8831-500.34-05 308-8831-500.34-05 40.00 40.00 40.00 40.00 40.00 40.00 40.00 760.00 Page 17 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register OZ 3Jb'd 13NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115534... 7/15/2016... Jim's backflow service... 061416-OVERTON 061416-PINE AVE 061416-RAMONAE. 061416-SAN JAC 061416-SHELBRAN 061416-WILD THY 062916-BISSELL 062916-CITYHALL 062916-CTYHALLA 062916-CTYHALLB 062916-CTYHALLC 062916-COMM CTF Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test 343-8831-500.34-05 343-8831-500.34-05 301-8831-500.34-05 319-8831-500.34-05 364-8831-500.34-05 362-8831-500.34-05 010-4200-410.34-05 010-7100-410.34-05 010-7100-410.34-05 010-7100-410.34-05 010-7100-410.34-05 010-7400-425.34-05 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 760.00... 115535 7/15/2016 Jose arauza REQUEST 062916 REQUEST 062916 Refund water deposit Refund credit balance 050-0000-229.08-70 050-0000-308.09-10 188.08 14.92 203.00 115536 7/15/2016 Judy jennings REQUEST 062916 Refund credit balance 050-0000-308.09-10 1.70 1.70 115537 7/15/2016 Karl's tractor service 4770 4771 4772 4773 Weed abatement mowing Weed abatement mowing Weed abatement mowing Weed abatement mowing 010-7100-410.34-05 186-9700-470.30-90 186-9700-470.30-90 179-9700-470.36-95 275.00 125.00 125.00 125.00 650.00 115538 7/15/2016 Lake hemet municipal water distric 07072016 07072016 07072016 07072016 Water service / agape Water srvc / bastille way Water srvc / gospel dr Water srvc / washington 322-8831-500.35-10 302-8831-500.35-10 367-8831-500.35-10 367-8831-500.35-10 927.16 75.76 97.17 172.45 1,272.54 115539 7/15/2016 Lynn merrill and associates, inc. NUMBER FY16-25 NUMBER FY16-25 NUMBER FY16-25 NPDES INSPECT-2 Srvc provided 6/20-7/3/16 Srvc provided 6/20-7/3/16 Srvc provided 6/20-7/3/16 Srvc provided june 2016 050-9000-450.30-90 056-4150-410.34-05 010-4200-410.10-04 056-4150-410.34-05 2,610.25 297.50 85.00 1,800.00 4,792.75 115540 7/15/2016 Monarch landscape 1271 1275 1281 1282 1284 50% project progress Irrigation repair Troubleshoot flow meter Lateral break repair 2 hunter gear drives 301-8831-500.34-05 305-8831-500.34-05 355-8831-500.34-05 309-8831-500.34-05 305-8831-500.34-05 16,000.00 15.00 45.00 70.00 120.00 16,250.00 ZI m 3 W Page 18 City of San Jacinto Warrant Register 07/31/2016 6Z :0b'd 1>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115541 7/15/2016 National safety compliance, inc. 664 81 66512 Epn reports Dqf on -lone monthly fee 010-4200-410.34-05 010-4200-410.34-05 20.00 35.00 55.00 115542 7/15/2016 Nbs local government solutions, ini 03202016 03202016 1160202 1160202 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600197 61600223 61600223 61600224 61600224 61600224 Cfd admin, cfd 2002-1 Prior year tax collection Prior year tax collection Penalty/interest tax coll Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly admin fees 7/1-9/30 045-8800-450.30-90 045-0000-302.06-60 045-0000-302.06-60 045-0000-302.06-95 701-4150-500.30-90 702-4150-500.30-90 703-4150-500.30-90 704-4150-500.30-90 705-4150-500.30-90 706-4150-500.30-90 707-4150-500.30-90 709-4150-500.30-90 710-4150-500.30-90 712-4150-500.30-90 713-4150-500.30-90 714-4150-500.30-90 715-4150-500.30-90 716-4150-500.30-90 717-4150-500.30-90 718-4150-500.30-90 720-4150-500.30-90 721-4150-500.30-90 733-4150-500.30-90 735-4150-500.30-90 737-4150-500.30-90 201-8850-500.30-90 034-8850-500.30-90 025-7250-410.30-90 025-7251-410.30-90 025-7252-410.30-90 2,557.75 -2,557.75 -1,079.87 -906.18 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.85 165.87 881.64 2,235.20 546.73 546.72 546.72 25,507.01 Page 19 Zld£ W 31I Ada N 3 91d City of San Jacinto Warrant Register m z 07/31/2011 a ZZ :30b'd 13NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115542... 7/15/2016... Nbs local government solutions, ini 61600224 61600224 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 Qtrly admin fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly admin fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 025-7260-410.30-90 025-7100-410.30-90 301-8831-500.30-90 302-8831-500.30-90 303-8831-500.30-90 304-8831-500.30-90 305-8831-500.30-90 306-8831-500.30-90 307-8831-500.30-90 308-8831-500.30-90 309-8831-500.30-90 310-8831-500.30-90 311-8831-500.30-90 312-8831-500.30-90 313-8831-500.30-90 314-8831-500.30-90 315-8831-500.30-90 316-8831-500.30-90 317-8831-500.30-90 318-8831-500.30-90 319-8831-500.30-90 320-8831-500.30-90 321-8831-500.30-90 322-8831-500.30-90 323-8831-500.30-90 324-8831-500.30-90 325-8831-500.30-90 326-8831-500.30-90 327-8831-500.30-90 328-8831-500.30-90 329-8831-500.30-90 331-8831-500.30-90 546.72 546.72 712.49 253.26 192.03 102.97 180.90 183.68 692.99 937.90 617.85 492.61 350.67 8.35 473.12 2.78 2.78 52.88 83.49 8.35 22.26 370.15 406.33 372.93 228.21 2.78 286.66 821.01 731.95 5.57 397.98 169.77 25,507.01... ZI m 3 W Page 20 City of San Jacinto Warrant Register 07/31/2016 £Z :0`dd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115542... 7/15/2016... Nbs local government solutions, in 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 61600225 Qtrly admin fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 Qtrly adm in fees 7/1-9/30 332-8831-500.30-90 333-8831-500.30-90 334-8831-500.30-90 335-8831-500.30-90 336-8831-500.30-90 337-8831-500.30-90 338-8831-500.30-90 339-8831-500.30-90 340-8831-500.30-90 341-8831-500.30-90 342-8831-500.30-90 343-8831-500.30-90 345-8831-500.30-90 346-8831-500.30-90 348-8831-500.30-90 352-8831-500.30-90 353-8831-500.30-90 354-8831-500.30-90 355-8831-500.30-90 359-8831-500.30-90 362-8831-500.30-90 364-8831-500.30-90 365-8831-500.30-90 366-8831-500.30-90 367-8831-500.30-90 368-8831-500.30-90 373-8831-500.30-90 375-8831-500.30-90 376-8831-500.30-90 385-8831-500.30-90 386-8831-500.30-90 026-0000-229.07-00 364.58 286.66 178.12 203.17 233.78 130.81 545.49 256.04 36.18 253.26 100.19 564.97 704.12 389.63 2.78 25.05 300.57 2.78 384.07 19.48 158.64 13.92 80.71 61.23 97.41 27.83 2.78 5.57 893.37 2.78 8.35 100.19 25,507.01... Page 21 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register 17Z :30`dd 13>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115542... 7/15/2016... Nbs local government solutions, ini 61600225 1160202 Qtrly admin fees 7/1-9/30 Cfd admin, cfd 2002-1 026-0000-229.07-00 045-8800-450.30-90 2.78 2,557.75 25,507.01... 115543 7/15/2016 Neopost SWINV445766 Ink for postal meter 010-2500-425.21-10 207.60 207.60 115544 7/15/2016 Online information services, inc. 722336 722336 468300000136 Utility exchange report Utility exchange report Collection service fee 050-1400-414.34-05 055-1400-414.34-05 050-0000-308.09-10 93.75 93.75 175.85 363.35 115545 7/15/2016 Overnight industrial supply,inc. 8115 8123 Hand sanitizer, gloves Liners, gloves 055-4170-450.21-12 010-7101-410.21-12 185.50 63.50 249.00 115546 7/15/2016 Pacific alarm service,inc. R 121779 R 121779 R 121779 R 121779 R 121779 Alarm service july 2016 Alarm service july 2016 Alarm service july 2016 Alarm service july 2016 Alarm service july 2016 010-6500-425.34-05 010-2500-425.34-05 050-9000-450.34-05 010-4200-410.34-05 010-3100-431.34-05 38.00 260.50 191.50 217.50 77.50 785.00 115547 7/15/2016 Paetec 59508210 Communication service 010-3100-431.35-16 1,165.16 1,165.16 115548 7/15/2016 Patricia christian REQUEST 062916 Refund credit balance 050-0000-308.09-10 0.71 0.71 115549 7/15/2016 Pi properties #79 Ilc REQUEST 062916 Refund credit balance 050-0000-308.09-10 10.00 10.00 115550 7/15/2016 Pitney bowes inc. 3100237926 Lease 3/30-6/29/2016 010-3100-431.21-65 135.00 135.00 115551 7/15/2016 Poster compliance center 2641674-RN 2 compliance plan renewal 010-1210-412.30-90 149.04 149.04 115552 7/15/2016 Powerhouse gym / fit pro's inc. 06302016 Gyrn facility June 2016 085-0000-202.21-76 400.00 400.00 115553 7/15/2016 Preferred benefit insurance admin. EIA17802 EIA17802 Premium july 2016 Cobra premium july 2016 085-0000-202.21-32 065-0000-201.08-64 2,972.86 38.50 3,011.36 115554 7/15/2016 Press enterprise/freedom commun 0010174076 Advertising 010-1110-411.36-25 276.90 276.90 115555 7/15/2016 Probity automotive specialists,inc. 10803 Oil change 1949 ford 010-3100-431.33-50 52.30 52.30 115556 7/15/2016 Rightway site services, inc. 138281 138282 Rent/labor 6/29-7/26/2016 Rent/labor 6/29-7/26/2016 010-3100-431.34-50 010-4200-410.34-05 82.20 76.25 158.45 115557 7/15/2016 Riverside county department of 06232016 06232016 Environ health service Environ health service 010-3320-431.32-05 010-3320-431.32-05 977.39 -44.25 933.14 115558 7/15/2016 Riverside county department of IN0260113 IN0260114 IN0260297 IN0260377 Environ health permit fee Environ health permit fee Environ health permit fee Environ health permit fee 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 010-4200-410.30-90 798.00 1,543.00 798.00 798.00 4,988.00 ZI m 3 W Page 22 City of San Jacinto Warrant Register 07/31/2016 SZ 3J`dd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115558... 7/15/2016... Riverside county department of... IN0260493 Environ health permit fee 050-9000-450.30-90 1,051.00 4,988.00... 115559 7/15/2016 Riverside county of AC0000001420 Lafco fees & admin fy 17 010-2500-425.31-25 4,536.21 4,536.21 115560 7/15/2016 Riverside county sheriff SH0000028725 Jail access fee June 2016 010-3100-431.30-19 11,835.34 11,835.34 115561 7/15/2016 Riverside county sheriff departmen SH0000028598 SH0000028598 SH0000028598 SH0000028598 SH0000028598 Contract law bp #12 Contract law bp #12 Contract law bp #12 Contract law bp #12 Contract law bp #12 010-3100-431.34-04 010-3100-431.34-04 010-3100-431.31-15 010-3100-431.34-06 034-3100-431.34-04 558,012.55 11,675.20 834.72 20,379.78 42,160.69 633,062.94 115562 7/15/2016 Riverside, county of REQUEST 063016 Park violation fee may'16 010-0000-304.03-35 742.50 742.50 115563 7/15/2016 Rk engineering group, inc. 160605 Prof srvcs june 2016 199-9999-425.40-01 310.00 310.00 115564 7/15/2016 Romeril plumbing & hardware 12610 12625 12625 12626 12646 12646 12672 12678 12678 12694 12698 12698 12699 12702 Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc Plumbing supplies & misc 055-4170-450.21-12 010-7101-410.21-12 010-7100-410.21-12 010-4150-410.21-12 010-7100-410.21-12 338-8831-500.34-05 055-4170-450.21-12 010-7101-410.21-12 010-7100-410.21-12 010-7100-410.21-12 010-7101-410.21-12 010-7100-410.21-12 010-7100-410.21-12 055-4170-450.21-12 79.43 32.86 85.23 91.86 33.95 28.38 79.01 21.46 46.89 95.49 17.25 39.14 31.35 50.71 733.01 115565 7/15/2016 Row traffic safety inc 14945 14950 2 do not enter signs 100 temp no parking signs 024-4150-410.21-36 024-4150-410.21-36 194.18 81.00 275.18 115566 7/15/2016 Saida lorena rodriguez REQUEST 062916 Refund water deposit 050-0000-229.08-70 87.23 87.23 115567 7/15/2016 Sear! biological services 192 Service provided 199-9999-425.40-01 2,665.00 2,665.00 115568 7/15/2016 Seiu local 721 REQUEST 063016 REQUEST 063016 Employee union dues june Cope contributions june 085-0000-202.21-43 085-0000-202.21-43 528.00 20.00 548.00 115569 7/15/2016 Shred -it usa llc 9411244242 Shredding service 010-3100-431.34-05 114.49 150.48 Page 23 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register 9Z :30b'd 13NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115569... 7/15/2016... Shred -it usa Ilc... 9411244242 Shredding service 010-2500-425.34-05 35.99 150.48... 115570 7/15/2016 So -cal fab & supply, inc 6898 Rebuild pump 308-8831-500.34-05 4,480.00 4,480.00 115571 7/15/2016 Sondra hamel REQUEST 062916 Refund water deposit 050-0000-229.08-70 46.30 46.30 115572 7/15/2016 Southern california edison REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service 010-4150-410.35-14 010-4200-410.35-14 010-6500-425.35-14 010-7100-410.35-14 025-7260-410.35-14 065-0000-201.06-06 308-8831-500.35-14 311-8831-500.35-14 320-8831-500.35-14 325-8831-500.35-14 327-8831-500.35-14 331-8831-500.35-14 332-8831-500.35-14 338-8831-500.35-14 339-8831-500.35-14 341-8831-500.35-14 342-8831-500.35-14 343-8831-500.35-14 362-8831-500.35-14 367-8831-500.35-14 376-8831-500.35-14 348-8831-500.35-14 359-8831-500.35-14 332-8831-500.35-14 010-4150-410.35-14 010-4150-410.35-14 010-4150-410.35-14 025-7260-410.35-14 306-8831-500.35-14 176.32 25.21 366.04 23.56 11,464.34 15.26 73.38 94.75 67.04 23.83 24.60 80.09 73.46 23.83 23.70 24.60 33.01 95.07 75.29 52.75 29.49 45.77 14.04 42.78 1,938.86 -0.02 61.69 28.58 217.42 22,529.73 ZI m 3 W Page 24 City of San Jacinto Warrant Register 07/31/2016 LZ :30b'd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115572... 7/15/2016... Southern california edison... REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service 308-8831-500.35-14 309-8831-500.35-14 310-8831-500.35-14 311-8831-500.35-14 314-8831-500.35-14 315-8831-500.35-14 316-8831-500.35-14 319-8832-500.35-14 321-8831-500.35-14 322-8831-500.35-14 323-8831-500.35-14 324-8831-500.35-14 326-8831-500.35-14 327-8831-500.35-14 330-8831-500.35-14 332-8831-500.35-14 333-8831-500.35-14 335-8831-500.35-14 336-8831-500.35-14 337-8831-500.35-14 340-8831-500.35-14 341-8831-500.35-14 342-8831-500.35-14 343-8831-500.35-14 345-8831-500.35-14 346-8831-500.35-14 352-8831-500.35-14 354-8831-500.35-14 359-8831-500.35-14 366-8831-500.35-14 367-8831-500.35-14 369-8831-500.35-14 659.20 275.91 327.05 202.13 11.33 2.99 45.40 20.90 3.19 409.27 3.19 34.33 987.32 532.00 171.07 568.28 133.44 72.10 16.37 164.21 60.51 303.01 10.03 639.35 877.14 461.69 5.67 10.62 8.18 25.43 87.96 19.72 22,529.73... Page 25 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register 8Z :30`dd 13NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115572... 7/15/2016... Southern california edison... REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service 371-8831-500.35-14 373-8831-500.35-14 375-8831-500.35-14 385-8831-500.35-14 388-8831-500.35-14 309-8831-500.35-14 312-8831-500.35-14 321-8831-500.35-14 322-8831-500.35-14 323-8831-500.35-14 334-8831-500.35-14 335-8831-500.35-14 336-8831-500.35-14 337-8831-500.35-14 339-8831-500.35-14 342-8831-500.35-14 343-8831-500.35-14 359-8831-500.35-14 367-8831-500.35-14 369-8831-500.35-14 380-8831-500.35-14 388-8831-500.35-14 2.99 14.44 24.30 24.32 15.26 6.69 4.73 4.76 17.06 4.76 0.68 0.78 0.89 0.50 0.98 0.38 4.76 13.04 5.69 9.53 4.73 4.73 22,529.73... 115573 7/15/2016 Star auto parts 201319 201510 201629 Gear oil Battery 30 month warranty Solar light battery 010-4150-410.33-50 010-7100-410.33-50 010-4150-410.21-12 77.63 155.40 280.79 513.82 115574 7/15/2016 Stetson engineers inc. 2570-1-10 Uwmp services may 2016 050-9000-450.30-90 495.00 495.00 115575 7/15/2016 Stotz equipment P61919 Parts for mower unit 451 010-4150-410.33-50 162.13 162.13 115576 7/15/2016 Subbarayan krishnan, m.d. 110215-MEZA 062116-WALTON 062916-MEZA 062916-YOUHOUSI Class b cpe Pre employment physical Titer lab test Titer lab test 010-1210-412.30-90 010-1210-412.30-90 010-1210-412.30-90 010-1210-412.30-90 265.00 115.00 45.00 45.00 470.00 115577 7/15/2016 Sullens, preston REQUEST 062016 Reimburse medical expense 010-2500-425.11-90 85.00 85.00 ZI m 3 W Page 26 City of San Jacinto Warrant Register 07/31/2016 6Z :30b'd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115578 7/15/2016 Susan justus REQUEST 062916 Refund water deposit 050-0000-229.08-70 109.92 109.92 115579 7/15/2016 Tele-works, inc 8803 8803 Annual subscription fee Annual subscription fee 050-1400-414.34-05 055-1400-414.34-05 429.00 429.00 858.00 115580 7/15/2016 Tony's tires 06302016 New tire & mount unit 451 010-4200-410.33-50 951.20 951.20 115581 7/15/2016 Tri county pump company, inc. 15453 15453 Pump service provided Pump service provided 050-9000-450.40-45 050-9000-450.33-30 12,000.00 24,852.28 36,852.28 115582 7/15/2016 Tri lake consultants, inc. 11768 11769 11770 11771 11772 11773 11774 11775 11776 11777 11778 11779 11780 11781 11782 11783 11784 11785 11786 11787 11788 11789 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 Prof srvcs 5/7-6/3/2016 010-4100-410.30-90 065-0000-211.21-21 199-9999-425.40-01 199-9999-425.40-01 199-9999-425.40-01 199-9999-425.40-01 199-9999-425.40-01 199-9999-425.40-01 199-9999-425.40-01 199-9999-425.40-01 011-4100-410.30-90 199-9999-425.40-01 712-4150-500.40-01 199-9999-425.40-01 011-4100-410.30-90 011-4100-410.30-90 011-4100-410.30-90 011-4100-410.30-90 065-0000-201.06-50 199-9999-425.40-01 065-0000-211.21-21 065-0000-201.06-49 4,848.10 200.00 1,950.00 5,400.00 6,225.00 2,285.00 125.00 650.00 1,100.00 8,050.00 100.00 700.00 50.00 150.00 50.00 100.00 300.00 150.00 768.36 300.00 180.00 495.00 34,176.46 115583 7/15/2016 Underground service alert 420160670 620160666 33 new tickets - apr 2016 38 new tickets-june 2016 055-4170-450.34-05 055-4170-450.34-05 49.50 57.00 106.50 115584 7/15/2016 Union bank - trust department 988778 Annual admin fee 187-9700-470.30-90 1,908.00 1,908.00 115585 7/15/2016 Yarnall, rene REQUEST 063016 Reimburse medical expense 010-2500-425.11-90 10.00 10.00 Page 27 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register 0£ :30`dd 13NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115586 7/15/2016 Youhouse, joseph REQUEST 063016 Reimburse medical expense 010-2500-425.11-90 110.00 110.00 115587 7/15/2016 Zumar industries, inc. 0165399 10 street name signs 010-4150-410.21-12 1,643.24 1,643.24 115588 7/22/2016 Bank of america business card REQUEST 063016 San jacinto florist 010-1100-411.21-10 73.01 73.01 115589 7/22/2016 Bank of america business card REQUEST 063016 REQUEST 063016 REQUEST 063016 Usps.com Usps.com Usps.com 010-1400-414.21-65 010-1400-414.21-65 010-1400-414.21-65 6.45 6.45 6.45 19.35 115590 7/22/2016 Bank of america business card REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Santa fe hotel Santa fe hotel Santa fe hotel Santa fe hotel Walmart O'reilly auto parts 065-0000-229.09-13 065-0000-229.09-13 065-0000-229.09-13 065-0000-229.09-13 010-3100-431.21-50 010-3100-431.21-50 20.14 20.14 20.14 20.14 59.01 17.27 156.84 115591 7/22/2016 Bank of america business card REQUEST 071816 Usps.com 010-1400-414.21-65 6.45 6.45 115592 7/22/2016 Bank of america business card REQUEST 071816 Stater bros 199-9999-425.40-01 44.45 44.45 115593 7/22/2016 California building standards REQUEST 063016 REQUEST 063016 Fees for 4/1-6/30/2016 Fees for 4/1-6/30/2016 065-0000-201.09-03 010-0000-310.07-96 533.00 -53.30 479.70 115594 7/22/2016 Calpers REQUEST 071816 REQUEST 071816 REQUEST 071816 Pay period ending 7/3/16 Credit - r. miller Uniform reporting 085-0000-202.21-28 085-0000-202.21-28 085-0000-202.21-28 15,847.29 -722.28 1,745.94 16,870.95 115595 7/22/2016 Calpers/replacement benefit fund 100000014789089 Annual payment 085-0000-202.21-28 404,602.00 404,602.00 115596 7/22/2016 Calpers/replacement benefit fund 100000014789095 Annual payment 085-0000-202.21-28 175,023.00 175,023.00 115597 7/22/2016 Calpers/replacement benefit fund 100000014789104 Annual payment 085-0000-202.21-28 36.00 36.00 115598 7/22/2016 Department of conservation REQUEST 063016 REQUEST 063016 Fees for 4/1-6/30/2016 Fees for 4/1-6/30/2016 065-0000-201.08-68 010-0000-310.07-96 933.19 -46.66 886.53 115599 7/22/2016 Dewey pest control inc. 10265647 10284825 10301299 10301300 Pest control srvc july'16 Pest control srvc july'16 Pest control srvc july'16 Initial pest cntrl srvc 010-2500-425.34-05 010-2500-425.34-05 034-3200-431.34-05 034-3200-431.34-05 45.00 40.00 39.00 39.00 163.00 115600 7/22/2016 Eastern municipal water district REQUEST 063016 REQUEST 063016 Water service Water service 025-7250-410.35-10 025-7252-410.35-10 15.46 54.25 69.71 115601 7/22/2016 Frontier communications REQUEST 071916 Telephone service 010-2500-425.35-16 766.44 955.39 ZI m 3 W Page 28 City of San Jacinto Warrant Register 07/31/2016 �£ :0b'd 1>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115601... 7/22/2016... Frontier communications... REQUEST 071916 Telephone service 050-9000-450.35-16 188.95 955.39... 115602 7/22/2016 Gas company,the REQUEST 063016 Gas service 010-2500-425.35-12 29.09 29.09 115603 7/22/2016 Jim's backflow service 062916-ESPUBUE 062916-COTT/SAG 062916-DRUDPARF 062916-DRUDING 062916-EAGLE RD 062916-ESPUSAN 062916-ESPUSTA 062916-HEW/EVAN 062916-FIG/SAGE 062916-HEW/SHAY 062916-HOFMANN 062916-IDYLWILD 062916-MISTLE 062916-PALM/FIG 062916-SALLEEPK 062916-7TH ST Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test 025-7250-410.34-05 025-7250-410.34-05 025-7100-410.34-05 025-7100-410.34-05 025-7250-410.34-05 025-7250-410.34-05 025-7250-410.34-05 025-7250-410.34-05 025-7250-410.34-05 025-7250-410.34-05 025-7100-410.34-05 025-7100-410.34-05 025-7100-410.34-05 025-7250-410.34-05 025-7100-410.34-05 025-7252-410.34-05 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 40.00 640.00 115604 7/22/2016 Ramona humane society, inc. COSJ63016-1 Shltr,aco,vet srvc junel6 010-3320-431.34-05 18,028.81 18,028.81 115605 7/22/2016 Regional conservation authority REQUEST 063016 Fees for june 2016 065-0000-201.08-81 54,656.00 54,656.00 115606 7/22/2016 Riverside county P00000003782 P00000003782 P00000003782 P00000003782 P00000003782 P00000003782 P00000003782 P00000003782 P00000003782 P00000003782 Fleet fuel may 2016 Fleet fuel may 2016 Fleet fuel may 2016 Fleet fuel may 2016 Fleet fuel may 2016 Fleet fuel may 2016 Fleet fuel may 2016 Fleet fuel may 2016 Fleet fuel may 2016 Oil change unit 30185 055-4170-450.21-70 050-9000-450.21-70 010-4150-410.21-70 010-4140-410.21-70 010-7100-410.21-70 010-7101-410.21-70 010-3320-431.21-70 011-3300-431.21-70 010-3100-431.21-70 010-3100-431.33-50 375.80 379.21 462.63 58.75 539.92 130.15 262.13 78.59 124.62 95.95 2,507.75 115607 7/22/2016 Shara taylor ltd. inc. 6102016B Gps tracking service 010-3100-431.30-90 729.40 729.40 115608 7/22/2016 Southern california edison REQUEST 063016 Electricity service 010-2500-425.35-14 2,158.48 56,517.69 Page 29 Zld£ W 31I Ada N 3 91d City of San Jacinto Warrant Register m z 07/31/2011 a Z£ :30`dd 13NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115608... 7/22/2016... Southern california edison... REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service 010-3100-431.35-14 010-4150-410.35-14 010-4200-410.35-14 010-6100-425.35-14 010-6500-425.35-14 010-7100-410.35-14 025-7100-410.35-14 025-7250-410.35-14 025-7251-410.35-14 025-7252-410.35-14 025-7260-410.35-14 034-3200-431.35-14 050-9000-450.35-14 055-4170-450.35-14 201-8850-500.35-14 301-8831-500.35-14 302-8831-500.35-14 303-8831-500.35-14 304-8831-500.35-14 305-8831-500.35-14 306-8831-500.35-14 307-8831-500.35-14 308-8831-500.35-14 309-8831-500.35-14 313-8831-500.35-14 316-8831-500.35-14 317-8831-500.35-14 320-8831-500.35-14 321-8831-500.35-14 325-8831-500.35-14 326-8831-500.35-14 327-8831-500.35-14 3,272.59 123.25 148.61 376.46 10.99 278.06 326.78 1,173.39 23.94 592.32 758.14 571.42 36,489.85 96.45 104.02 81.20 26.02 52.75 52.32 52.59 52.17 266.77 38.63 53.97 53.78 25.88 26.02 61.92 37.01 26.15 157.21 29.08 56,517.69... ZI m 3 W Page 30 City of San Jacinto Warrant Register 07/31/2016 ££ :0b'd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115608... 7/22/2016... Southern california edison... REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service 329-8831-500.35-14 338-8831-500.35-14 345-8831-500.35-14 355-8831-500.35-14 359-8831-500.35-14 365-8831-500.35-14 368-8831-500.35-14 309-8831-500.35-14 345-8831-500.35-14 301-8831-500.35-14 304-8831-500.35-14 317-8831-500.35-14 346-8831-500.35-14 310-8831-500.35-14 010-4150-410.35-14 010-4150-410.35-14 010-4150-410.35-14 025-7260-410.35-14 025-7260-410.35-14 301-8831-500.35-14 303-8831-500.35-14 307-8831-500.35-14 308-8831-500.35-14 309-8831-500.35-14 312-8831-500.35-14 313-8831-500.35-14 315-8831-500.35-14 319-8831-500.35-14 319-8832-500.35-14 320-8831-500.35-14 321-8831-500.35-14 323-8831-500.35-14 70.04 79.90 192.99 48.62 26.44 28.12 23.82 28.64 402.54 724.39 113.23 79.27 43.10 42.63 1,624.49 -0.04 90.56 60.59 286.91 29.70 233.21 713.44 3.73 287.53 34.33 427.66 15.26 108.04 3.95 491.90 221.74 267.61 56,517.69... Page 31 Zld£ W 31I Ada N 3 91d City of San Jacinto Warrant Register m z 07/31/2011 a 17£ :30`dd 13>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115608... 7/22/2016... Southern california edison... REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service 327-8831-500.35-14 329-8831-500.35-14 330-8831-500.35-14 334-8831-500.35-14 335-8831-500.35-14 336-8831-500.35-14 337-8831-500.35-14 338-8831-500.35-14 339-8831-500.35-14 340-8831-500.35-14 342-8831-500.35-14 346-8831-500.35-14 347-8831-500.35-14 349-8831-500.35-14 350-8831-500.35-14 351-8831-500.35-14 357-8831-500.35-14 359-8831-500.35-14 362-8831-500.35-14 365-8831-500.35-14 366-8831-500.35-14 368-8831-500.35-14 374-8831-500.35-14 376-8831-500.35-14 383-8831-500.35-14 385-8831-500.35-14 386-8831-500.35-14 301-8831-500.35-14 304-8831-500.35-14 308-8831-500.35-14 310-8831-500.35-14 315-8831-500.35-14 4.08 550.31 3.34 0.49 0.56 0.64 0.36 574.15 117.74 3.73 0.28 3.73 3.83 3.83 4.08 79.93 3.73 8.84 278.05 91.91 3.34 28.29 3.34 4.08 7.63 3.33 71.47 15.04 5.05 6.12 2.15 5.27 56,517.69... ZI m 3 W Page 32 City of San Jacinto Warrant Register 07/31/2016 g£ :30`dd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115608... 7/22/2016... Southern california edison... REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service 318-8831-500.35-14 319-8832-500.35-14 324-8831-500.35-14 327-8831-500.35-14 330-8831-500.35-14 333-8831-500.35-14 334-8831-500.35-14 335-8831-500.35-14 336-8831-500.35-14 337-8831-500.35-14 339-8831-500.35-14 340-8831-500.35-14 342-8831-500.35-14 345-8831-500.35-14 346-8831-500.35-14 347-8831-500.35-14 349-8831-500.35-14 350-8831-500.35-14 351-8831-500.35-14 354-8831-500.35-14 357-8831-500.35-14 359-8831-500.35-14 366-8831-500.35-14 371-8831-500.35-14 372-8831-500.35-14 373-8831-500.35-14 374-8831-500.35-14 375-8831-500.35-14 376-8831-500.35-14 383-8831-500.35-14 385-8831-500.35-14 386-8831-500.35-14 4.55 12.84 4.55 6.69 6.78 1.25 0.78 0.89 1.02 0.57 1.12 6.12 0.44 7.02 13.14 10.13 10.13 6.69 20.73 5.27 6.12 29.80 6.78 5.27 4.55 5.27 13.34 6.92 6.69 4.55 9.39 7.02 56,517.69... Page 33 Zld£ W 31I Ada N 3 91d m z v 07/31/201( a City of San Jacinto Warrant Register 9£ 3Jb'd 13NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115609 7/22/2016 Underground service alert 520160672 36 tickets for may 2016 055-4170-450.34-05 54.00 54.00 115610 7/22/2016 Western riverside council REQUEST 063016 Fees for june 2016 065-0000-201.08-80 35,492.00 35,492.00 115611 7/22/2016 Xerox financial services 576670 Lease 7/5 - 8/4/2016 010-4200-410.34-05 362.56 362.56 115612 7/22/2016 Riverside county sheriff's explorer REQUEST 072016 Academy 7/24-7/29/2016 065-0000-229.09-12 1,175.00 1,175.00 115613 7/29/2016 Abm services,inc. 9633889 Janitorial srvc july 2016 010-3100-431.34-05 1,362.00 1,362.00 115614 7/29/2016 Adt security services, inc. 593141822 Alarm srvc 7/22 - 8/12/16 010-6100-425.34-05 37.99 37.99 115615 7/29/2016 All cities engineering, inc. 1016 Asphalt service provided 010-4150-410.34-05 21,820.00 21,820.00 115616 7/29/2016 Altisource single family inc REQUEST 072016 Refund water deposit 050-0000-229.08-70 70.64 70.64 115617 7/29/2016 Appa investments REQUEST 072016 Refund water deposit 050-0000-229.08-70 172.96 172.96 115618 7/29/2016 Aqua metric sales company, inc. 0061604-IN 40 3/4" water meters 050-9000-450.21-12 7,257.60 7,257.60 115619 7/29/2016 Aramark uniform 001447893009 001447893009 001447893010 001447893010 001447893011 001447893012 001447893012 1447939447 1447939447 1447939448 1447939448 1447939449 1447939450 1447939450 1447950962 1447950963 1447950963 1447950964 1447950965 1447950965 1447962549 Uniform service Uniform service Floor mat service Floor mat service Uniform service Uniform service Uniform service Uniform service Uniform service Floor mat service Floor mat service Uniform service Uniform service Uniform service Uniform service Floor mat service Floor mat service Uniform service Uniform service Uniform service Uniform service 010-7100-410.21-35 010-7101-410.21-35 050-1400-414.34-05 010-4200-410.34-05 010-4150-410.21-35 050-9000-450.21-35 055-4170-450.21-35 010-7101-410.21-35 010-7100-410.21-35 050-1400-414.34-05 010-4200-410.34-05 010-4150-410.21-35 050-9000-450.21-35 055-4170-450.21-35 010-7100-410.21-35 050-1400-414.34-05 010-4200-410.34-05 010-4150-410.21-35 050-9000-450.21-35 055-4170-450.21-35 050-9000-450.21-35 11.44 3.52 7.00 11.84 10.56 30.58 14.08 3.52 11.44 7.00 11.84 10.56 13.38 24.24 11.44 7.00 11.84 10.56 23.54 14.08 45.30 422.60 ZI m 3 W Page 34 City of San Jacinto Warrant Register 07/31/2016 LC 3J`dd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115619... 7/29/2016... Aramark uniform... 1447962549 1447950962 Uniform service Uniform service 055-4170-450.21-35 010-7101-410.21-35 124.32 3.52 422.60... 115620 7/29/2016 Arturo pascal & beatriz villapando REQUEST 072016 Refund water deposit 050-0000-229.08-70 41.89 41.89 115621 7/29/2016 Asbury environmental services,inc. 1500-00063452 Used oil service 010-4150-410.34-05 120.00 120.00 115622 7/29/2016 B & w pipe & supply 96894 Irrigation supplies 329-8831-500.21-12 13.25 13.25 115623 7/29/2016 Best best & krieger, Ilp 07072016 07072016 07072016 07072016 07072016 07072016 07072016 07072016 Total general fund Special sery environment Assessment for cfd 2002-1 Tower inv v city san jac Tract 31282 extension Trails at sj 30598 da Da 16-2 extend tract32376 Levee right of way 010-1111-411.30-90 011-1700-417.30-90 045-8800-450.30-90 065-0000-201.08-13 065-0000-211.21-20 065-0000-211.21-20 065-0000-211.21-20 199-9999-425.40-01 56,179.84 1,828.37 436.60 1,902.20 816.00 2,864.84 1,810.50 566.80 66,405.15 115624 7/29/2016 Brenntag pacific, inc. BPI639868 BPI641911 Sodium hypochlorite Sodium hypochlorite 050-9000-450.21-12 050-9000-450.21-12 2,019.01 2,726.69 4,745.70 115625 7/29/2016 Byrd industrial electronics 612-16 Service to scada system 050-9000-450.33-30 907.64 907.64 115626 7/29/2016 Calpers supplemental income plan REQUEST 072516 7/4-7/17/2016,sip #452544 085-0000-202.21-29 650.00 650.00 115627 7/29/2016 Carlson & associates, Ilc 214 Service provided june '16 199-9999-425.40-01 1,250.00 1,250.00 115628 7/29/2016 Catron, jan REQUEST 072116 Reimburse medical expense 010-2500-425.11-90 35.54 35.54 115629 7/29/2016 City national bank 07012016 Solar water system proj 050-8800-450.60-15 68,290.43 68,290.43 115630 7/29/2016 Coyne powersports banning Ilc 50058007 Work performed 024-3100-431.33-50 662.08 662.08 115631 7/29/2016 Crafco inc 00429940 Hp asphalt bulk 050-9000-450.21-12 1,276.23 1,276.23 115632 7/29/2016 D.m.c. tree care 1114 Prune 1 pine, cut ambers 025-7252-410.34-05 725.00 725.00 115633 7/29/2016 Daisy beltran REQUEST 072016 Refund water deposit 050-0000-229.08-70 23.18 23.18 115634 7/29/2016 Data pro 2 Radius search service 199-9999-425.40-01 50.00 50.00 115635 7/29/2016 Dave's hauling 071416-CNTRYVIL 071516-SALLPOOL Streets clean up, weeding Cleaned & drained pool 025-7250-410.34-05 010-8400-425.34-05 490.00 300.00 790.00 115636 7/29/2016 David leonard associates 20160701 20160702 20160703 20160704 Srvc provided june 2016 Srvc provided june 2016 Srvc provided june 2016 Srvc provided june 2016 065-0000-211.21-01 065-0000-211.21-01 065-0000-211.21-01 065-0000-211.21-01 375.00 1,283.50 125.00 265.00 6,778.28 Page 35 Zld£ W 31I Ada N 3 91d City of San Jacinto Warrant Register m z 07/31/2011 a 8£ :30b'd 13NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115636... 7/29/2016... David leonard associates... 20160705 20160706 20160707 20160708 20160709 10 Srvc provided june 2016 Srvc provided June 2016 Srvc provided June 2016 Srvc provided june 2016 Srvc provided June 2016 Sgc service provided 065-0000-211.21-01 065-0000-211.21-01 065-0000-211.21-01 011-1700-417.30-90 065-0000-211.21-01 199-9999-425.40-01 531.50 125.00 1,765.00 452.50 452.50 1,403.28 6,778.28... 115637 7/29/2016 Dean chori REQUEST 072016 Refund water deposit 050-0000-229.08-70 16.80 16.80 115638 7/29/2016 Denis ordaz REQUEST 072016 Refund water deposit 050-0000-229.08-70 5.01 5.01 115639 7/29/2016 E.s. babcock & sons, inc. BG60386-0278 BG60427-0278 BG60586-0278 BG60587-0278 BG60827-0278 BG61155-0278 BG61164-0278 BG61252-0278 Various analysis Nitrate-nitrogen,perchlor Coliforms p/a by mmo/mug Coliforms p/a by mmo/mug Iron by icp, mn_icp_dw Gyphosate,diquat,dioxins Coliforms p/a by mmo/mug Coliforms p/a by mmo/mug 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 050-9000-450.30-90 1,085.00 125.00 56.00 14.00 180.00 875.00 56.00 14.00 2,405.00 115640 7/29/2016 Eastern municipal water district REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 072516 REQUEST 072516 REQUEST 072516 REQUEST 072516 REQUEST 072516 REQUEST 072516 REQUEST 072516 Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service Water service 025-7250-410.35-10 025-7251-410.35-10 304-8831-500.35-10 305-8831-500.35-10 355-8831-500.35-10 010-7100-410.35-10 025-7100-410.35-10 025-7250-410.35-10 301-8831-500.35-10 304-8831-500.35-10 326-8831-500.35-10 345-8831-500.35-10 218.44 2,523.69 63.89 67.92 120.06 38.70 1,968.67 466.67 3,378.16 30.96 2,080.21 319.55 11,276.92 115641 7/29/2016 Eastern municipal water district 26075 Purchased water,o&m deliv 050-9000-450.60-01 122,320.10 122,320.10 115642 7/29/2016 Elite customs construction EC-Z261-2 Paint fence,panel,footing 326-8831-500.34-05 14,910.00 14,910.00 115643 7/29/2016 Ewing incorporation 1781272 1848866 Irrigation supplies Irrigation supplies 010-7100-410.21-12 010-7100-410.21-12 622.65 1,726.59 2,349.24 ZI m 3 W Page 36 City of San Jacinto Warrant Register 07/31/2016 6£ 3Jb'd 1NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115644 7/29/2016 Excell security systems 22996 Radio alarm monitoring 010-3100-431.34-05 134.85 134.85 115645 7/29/2016 Eyemed vision care 2499676 2499676 Premium july 2016 Cobra premium july 2016 085-0000-202.21-35 065-0000-201.08-64 655.10 7.87 662.97 115646 7/29/2016 Ez sunnyday landscape 1719 1726 Irrigation repairs Irrigation repairs 025-7250-410.34-05 320-8831-500.34-05 74.00 365.00 439.00 115647 7/29/2016 Federal express corporation 5-467-11829 5-467-11829 5-474-21415 5-474-21415 5-474-21415 5-474-21415 Delivery service Delivery service Delivery service Delivery service Delivery service Delivery service 010-1110-411.21-65 011-1700-417.21-65 011-1700-417.21-65 010-1110-411.21-65 011-1700-417.21-65 010-1110-411.21-65 42.96 46.83 74.09 31.39 36.35 21.70 253.32 115648 7/29/2016 Field asset services Ilc REQUEST 072016 Refund water deposit 050-0000-229.08-70 88.10 88.10 115649 7/29/2016 Foud hadweh REQUEST 072016 Refund water deposit 050-0000-229.08-70 158.93 158.93 115650 7/29/2016 Fresh start homes Ilc REQUEST 072016 Refund credit balance 050-0000-308.09-10 49.56 49.56 115651 7/29/2016 Frontier communications REQUEST 072516 Telephone service 010-2500-425.35-16 909.17 909.17 115652 7/29/2016 G&k services, inc. 1067225369 1067225369 1067228657 1067228657 1067228657 1067228657 1067228657 1067225369 1067231948 1067231948 1067231948 1067231948 1067231948 1067238481 1067238481 1067238481 Uniform service Uniform service Uniform service Uniform service Uniform service Credit for uniforms Credit for uniforms Credit for uniforms Uniform service Uniform service Uniform service Credit for uniforms Credit for uniforms Uniform service Uniform service Uniform service 055-4170-450.21-35 050-9000-450.21-35 055-4170-450.21-35 050-9000-450.21-35 010-7100-410.21-35 050-9000-450.21-35 010-7100-410.21-35 050-9000-450.21-35 050-9000-450.21-35 055-4170-450.21-35 010-7100-410.21-35 050-9000-450.21-35 010-7100-410.21-35 050-9000-450.21-35 055-4170-450.21-35 050-9000-450.21-35 14.36 107.18 14.36 38.21 84.72 -10.79 -84.72 -38.48 27.71 14.36 0.72 -11.51 -0.72 26.92 14.36 13.87 871.51 Page 37 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register 017 :30`dd 13>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115652... 7/29/2016... G&k services, inc.... 1067238481 1067238481 1067238481 1067238481 1067238481 1067254830 1067254830 1067254830 1067254828 1067254828 1067254829 Uniform service Uniform service Credit for uniforms Credit for uniforms Credit for uniforms Uniform service Uniform service Uniform service Uniform service Uniform service Uniform service 010-4150-410.21-35 010-7100-410.21-35 050-9000-450.21-35 010-4150-410.21-35 010-7100-410.21-35 010-7100-410.21-35 050-9000-450.21-35 055-4170-450.21-35 010-7100-410.21-35 010-7101-410.21-35 010-4150-410.21-35 3.90 3.91 -13.87 -3.90 -3.91 198.45 228.00 152.96 20.41 46.90 28.11 871.51... 115653 7/29/2016 Gas company,the REQUEST 072516 REQUEST 072516 REQUEST 072516 REQUEST 072516 Gas service Gas service Gas service Gas service 010-6500-425.35-12 010-3100-431.35-12 010-4200-410.35-12 034-3200-431.35-12 10.11 40.50 2.95 26.57 80.13 115654 7/29/2016 Gei company Ilc REQUEST 072016 Refund water deposit 050-0000-229.08-70 133.10 133.10 115655 7/29/2016 Goode home management REQUEST 072016 Refund water deposit 050-0000-229.08-70 160.36 160.36 115656 7/29/2016 Harbor freight tools 225667 089191 186315 Pedestal shop fan 30" pedestal shop fan 30" pedestal shop fan 050-9000-450.21-12 050-9000-450.33-30 050-9000-450.33-30 129.59 157.48 157.48 444.55 115657 7/29/2016 Hartford life insurance companies REQUEST 072116 7/21/2016, group # 109947 085-0000-202.21-29 2,193.08 2,193.08 115658 7/29/2016 Hemet valley tool, inc. 109162 109177 109329 109375 Labor, chainsaw blade 1/4" x 6" masonry bit String trimmer head Echo .095 line 010-7100-410.21-12 055-4170-450.21-12 010-4150-410.33-30 010-4150-410.33-30 97.52 9.67 32.35 20.47 160.01 115659 7/29/2016 Hemet-san jacinto watermaster 1048 Admin assessment 25% 050-9000-450.60-01 10,282.50 10,282.50 115660 7/29/2016 Hernandez landscape co., inc. 1666 1666 1666 1666 1666 Maintenance June 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 301-8831-500.34-05 301-8831-500.34-05 301-8831-500.34-05 303-8831-500.34-05 303-8831-500.34-05 147.40 1,518.40 189.33 73.67 859.73 17,586.62 ZI m 3 W Page 38 City of San Jacinto Warrant Register 07/31/2016 67 :30b'd 1>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115660... 7/29/2016... Hernandez landscape co., inc.... 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 1666 Maintenance June 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 313-8831-500.34-05 313-8831-500.34-05 321-8831-500.34-05 321-8831-500.34-05 323-8831-500.34-05 323-8831-500.34-05 325-8831-500.34-05 325-8831-500.34-05 326-8831-500.34-05 326-8831-500.34-05 326-8831-500.34-05 327-8831-500.34-05 327-8831-500.34-05 327-8831-500.34-05 327-8831-500.34-05 329-8831-500.34-05 329-8831-500.34-05 329-8831-500.34-05 332-8831-500.34-05 332-8831-500.34-05 332-8831-500.34-05 338-8831-500.34-05 338-8831-500.34-05 345-8831-500.34-05 345-8831-500.34-05 345-8831-500.34-05 346-8831-500.34-05 346-8831-500.34-05 346-8831-500.34-05 362-8831-500.34-05 362-8831-500.34-05 362-8831-500.34-05 97.50 1,060.80 95.33 400.49 75.92 152.10 98.28 187.55 189.80 412.95 1,448.20 97.07 249.44 989.73 160.00 154.44 563.77 208.71 127.40 534.73 146.22 87.53 1,768.00 244.05 1,156.33 253.73 176.80 284.70 298.35 104.00 100.53 147.11 17,586.62... Page 39 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register Z� 3J`dd 13>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115660... 7/29/2016... Hernandez landscape co., inc.... 1666 1666 1666 1666 1666 1666 1666 1666 1666 1667 1668 Maintenance June 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 Maintenance june 2016 025-7250-410.34-05 025-7250-410.34-05 025-7250-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 025-7252-410.34-05 332-8831-500.34-05 346-8831-500.34-05 153.81 252.89 62.57 414.24 477.81 337.86 330.05 292.93 197.67 65.70 141.00 17,586.62... 115661 7/29/2016 Hernandez landscape co., inc. REQUEST 063016 Refund contract deposit 065-0000-201.07-91 2,840.00 2,840.00 115662 7/29/2016 Home depot credit services 0011061 Seam binder, common board 050-9000-450.21-80 95.32 95.32 115663 7/29/2016 Icma retirement trust REQUEST 072116 7/21/2016, group # 300434 085-0000-202.21-29 250.00 250.00 115664 7/29/2016 Infosend inc. 107430 107430 Data process/mail june'16 Data process/mail june'16 050-1400-414.34-05 055-1400-414.34-05 1,264.59 1,264.60 2,529.19 115665 7/29/2016 Inland bobcat, inc. 004806 66" brushcat mower 010-4140-410.40-45 7,112.88 7,112.88 115666 7/29/2016 Inland water works supply co. 285555 1" mue nl fip ams Iw 050-9000-450.21-12 54.71 54.71 115667 7/29/2016 Interpreters unlimited, inc SJ16M6-13197 Language interpreter srvc 010-3100-431.34-05 28.00 28.00 115668 7/29/2016 Jim's backflow service 071816-ESTRELLA 071816-MARGEAU: 071816-PALM 071816-SAVORY 071816-STATE 071816-SUNNYLAN 071816-SUNNYSID Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test Backflow test 338-8831-500.34-05 331-8831-500.34-05 306-8831-500.34-05 305-8831-500.34-05 359-8831-500.34-05 338-8831-500.34-05 338-8831-500.34-05 40.00 40.00 40.00 40.00 40.00 40.00 40.00 280.00 115669 7/29/2016 Kimley-horn & associates,inc. 094873001-1606 Scg service june 2016 199-9999-425.40-01 9,850.50 9,850.50 115670 7/29/2016 Kosmont companies, inc. 0004 Prof services June 2016 199-9999-425.40-01 1,691.25 1,691.25 115671 7/29/2016 Louis g wilkins REQUEST 072016 Refund water deposit 050-0000-229.08-70 10.74 10.74 115672 7/29/2016 Lynn merrill and associates, inc. NUMBER FY17-1 NUMBER FY17-1 Srvc provided 7/4-7/17/16 Srvc provided 7/4-7/17/16 010-4140-410.34-06 050-9000-450.30-90 42.50 2,735.75 2,820.75 ZI m 3 W Page 40 City of San Jacinto Warrant Register 07/31/2016 1>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115672... 7/29/2016... Lynn merrill and associates, inc.... NUMBER FY17-1 Srvc provided 7/4-7/17/16 010-4200-410.10-04 42.50 2,820.75... 115673 7/29/2016 Master care commercial janitorial 5758 Janitorial srvc june 2016 010-2500-425.34-05 1,100.00 1,100.00 115674 7/29/2016 Mckenna lanier group, inc SJ 2016 002 SJ 2016 032 SJ 2016 069 SJ 2016 069 SJ 2016 070 SJ 2016 071 SJ 2016 072 SJ 2016 073 SJ 2016 074 SJ 2016 075 SJ 2016 076 SJ 2016 077 Service provided dec 2015 Srvc provided dec- feb'16 Srvc provided june 2016 Srvc provided june 2016 Srvc provided june 2016 Srvc provided june 2016 Srvc provided june 2016 Srvc provided june 2016 Srvc provided june 2016 Srvc provided june 2016 Srvc provided june 2016 Srvc provided june 2016 065-0000-211.21-20 065-0000-211.21-20 011-3300-431.30-90 011-1700-417.30-90 065-0000-211.21-20 065-0000-211.21-20 065-0000-211.21-20 065-0000-211.21-20 065-0000-211.21-01 065-0000-211.21-01 065-0000-211.21-01 011-1700-417.30-90 937.50 218.75 600.00 1,826.25 1,000.00 1,000.00 1,000.00 1,000.00 343.75 656.25 281.25 595.00 9,458.75 115675 7/29/2016 Monarch landscape 1292 1292 Service provided Withheld for stop notice 301-8831-500.34-05 301-8831-500.34-05 16,000.00 -2,396.40 13,603.60 115676 7/29/2016 Monarch landscape 1291 1293 1293 1293 1293 1293 1293 1293 1293 1293 1293 1293 1293 1296 Replace dead shrubs Landscape maint june 2016 Landscape maintjune 2016 Landscape maint june 2016 Landscape maintjune 2016 Landscape maint june 2016 Landscape maint june 2016 Landscape maintjune 2016 Landscape maintjune 2016 Landscape maint june 2016 Landscape maint june 2016 Landscape maintjune 2016 Landscape maintjune 2016 Mainline break at valve 365-8831-500.34-05 305-8831-500.34-05 306-8831-500.34-05 306-8831-500.34-05 309-8831-500.34-05 309-8831-500.34-05 341-8831-500.34-05 353-8831-500.34-05 355-8831-500.34-05 365-8831-500.34-05 365-8831-500.34-05 025-7100-410.34-05 025-7250-410.34-05 341-8831-500.34-05 1,600.00 650.00 300.00 100.00 600.00 200.00 900.00 400.00 400.00 125.00 50.00 400.00 200.00 250.00 6,175.00 115677 7/29/2016 Mudrovich, dan REQUEST 070616 Reimburse medical expense 010-2500-425.11-90 107.07 107.07 115678 7/29/2016 Mullen, arthur REQUEST 063016 Reimburse tuition expense 010-2500-425.31-20 221.77 221.77 Page 41 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register p17 3J`dd 13>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115679 7/29/2016 National safety compliance, inc. 66690 Epn reports - june 2016 010-4200-410.34-05 14.00 14.00 115680 7/29/2016 Patriot one security 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 1085 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 Patrol service july 2016 321-8831-500.34-05 331-8831-500.34-05 313-8831-500.34-05 303-8831-500.34-05 376-8831-500.34-05 338-8831-500.34-05 329-8831-500.34-05 332-8831-500.34-05 341-8831-500.34-05 320-8831-500.34-05 343-8831-500.34-05 322-8831-500.34-05 327-8831-500.34-05 301-8831-500.34-05 311-8831-500.34-05 325-8831-500.34-05 345-8831-500.34-05 326-8831-500.34-05 307-8831-500.34-05 308-8831-500.34-05 362-8831-500.34-05 355-8831-500.34-05 353-8831-500.34-05 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 403.20 9,273.60 115681 7/29/2016 Pilar meza @ shaver trust REQUEST 062916 Refund water deposit 050-0000-229.08-70 37.42 37.42 115682 7/29/2016 Pollardwater, inc. 0048915 140 tab dechlr 050-9000-450.21-12 457.22 457.22 115683 7/29/2016 Press enterprise/freedom commun0010171199 Advertising 011-1700-417.21-65 875.00 875.00 115684 7/29/2016 Press enterprise/freedom commun0010177637 0010177664 0010178260 0010178271 0010179778 Advertising Advertising Advertising Advertising Advertising 010-1110-411.36-25 010-1110-411.36-25 010-1110-411.36-25 010-1110-411.36-25 011-1700-417.36-25 257.40 235.95 76.80 81.60 396.00 1,047.75 ZI m 3 W Page 42 City of San Jacinto Warrant Register 07/31/2016 917 :30`dd 1>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115685 7/29/2016 Probity automotive specialists,inc. 10857 10866 Abs module, labor - #999 Oil chge,filter,oil,#621 010-3320-431.33-50 010-7100-410.33-50 717.07 47.80 764.87 115686 7/29/2016 Ra concrete 2041 2042 2043 R&r 5'x 10' concrete R&r 5'x 5.5' concrete R&r 5'x 11' concrete 010-4150-410.34-05 010-4150-410.34-05 010-4150-410.34-05 1,328.00 1,225.00 1,825.00 4,378.00 115687 7/29/2016 Ray wetzel REQUEST 072016 Refund water deposit 050-0000-229.08-70 56.58 56.58 115688 7/29/2016 Raynald emerson REQUEST 072016 Refund water deposit 050-0000-229.08-70 65.92 65.92 115689 7/29/2016 Regional conservation authority REQUEST 063016 Mshcp fees - ramona expwy 199-9999-425.40-01 18,847.00 18,847.00 115690 7/29/2016 Rick hoffman 368 368 368 368 368 368 368 368 368 368 368 368 368 368 368 368 368 368 368 368 368 368 368 Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp Draft rfp 321-8831-500.34-05 331-8831-500.34-05 313-8831-500.34-05 303-8831-500.34-05 376-8831-500.34-05 338-8831-500.34-05 329-8831-500.34-05 332-8831-500.34-05 341-8831-500.34-05 320-8831-500.34-05 343-8831-500.34-05 322-8831-500.34-05 327-8831-500.34-05 301-8831-500.34-05 311-8831-500.34-05 325-8831-500.34-05 345-8831-500.34-05 326-8831-500.34-05 307-8831-500.34-05 308-8831-500.34-05 362-8831-500.34-05 355-8831-500.34-05 353-8831-500.34-05 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.35 14.34 14.34 14.34 14.34 14.34 330.00 115691 7/29/2016 Riverside county clerk -recorder 05312016 Release fees may 2016 010-3320-431.30-90 230.00 230.00 Page 43 Zld£ W 31I Ada N 3 91d m z v 07/31/2011 a City of San Jacinto Warrant Register 917 3J`dd 13>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115692 7/29/2016 Riverside county sheriff departmen SH0000028783 SH0000028783 SH0000028783 SH0000028783 SH0000028783 Contract law bp #13 Contract law bp #13 Contract law bp #13 Contract law bp #13 Contract law bp #13 010-3100-431.34-04 010-3100-431.34-04 010-3100-431.31-15 010-3100-431.34-06 034-3100-431.34-04 733,184.72 15,980.72 505.72 26,069.28 58,506.54 834,246.98 115693 7/29/2016 Rk engineering group, inc. 160606 Prof srvcs june 2016 199-9999-425.40-01 3,600.00 3,600.00 115694 7/29/2016 Rodriguez, deborah REQUEST 063016 REQUEST 072016 Reimburse medical expense Reimburse medical expense 010-2500-425.11-90 010-2500-425.11-90 84.99 282.13 367.12 115695 7/29/2016 Rogers,anderson,malody & scott, II51863 Audit fy yr end 6/30/2016 010-1400-414.30-90 8,120.00 8,120.00 115696 7/29/2016 Samano, pablo REQUEST 071916 Reimb work boot purchase 010-7101-410.21-35 140.40 140.40 115697 7/29/2016 San jacinto petty cash, city of REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 072516 Usps - priorty mail Stater bros Conference parking fee Dj's restaurant -meeting Stater bros - water 010-1400-414.21-65 010-1100-411.31-20 010-3320-431.31-20 050-9000-450.31-20 010-1100-411.31-20 12.20 28.38 15.00 43.42 4.19 103.19 115698 7/29/2016 San jacinto unified school 2016/220 Board room rent 6/4/2016 199-9999-425.40-01 74.46 74.46 115699 7/29/2016 Securtec district patrol, inc. 0616-SJPE Services for June 2016 056-4150-410.34-05 7,920.00 7,920.00 115700 7/29/2016 Sensus ZA17004898 Annual renewal 050-1400-414.34-05 1,665.98 1,665.98 115701 7/29/2016 Sergio luevano REQUEST 072016 Refund water deposit 050-0000-229.08-70 15.24 15.24 115702 7/29/2016 Smith, eric REQUEST 072016 Reimburse medical expense 010-2500-425.11-90 11.04 11.04 115703 7/29/2016 Southern california edison REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 REQUEST 063016 Electricity service Electricity service Electricity service Electricity service Electricity service Electricity service 010-4150-410.35-14 010-4150-410.35-14 347-8831-500.35-14 360-8831-500.35-14 347-8831-500.35-14 360-8831-500.35-14 82.83 168.55 3.60 7.12 6.91 11.38 280.39 115704 7/29/2016 Staples business advantage, inc. 3305285203 3305285205 3306537981 3306537982 3306537983 Credit inv # 3304082279 Office supplies Credit inv #3304798759 Office supplies Office supplies 010-2500-425.21-10 010-2500-425.21-10 010-1110-411.21-10 010-4200-410.21-10 010-1400-414.21-10 -23.06 23.06 -45.10 143.38 17.41 517.68 ZI m 3 W Page 44 City of San Jacinto Warrant Register 07/31/2016 LI7 :30`dd 1>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115704... 7/29/2016... Staples business advantage, inc.... 3306537983 3306537983 3306537983 3306537983 3307718352 3307718352 Office supplies Office supplies Office supplies Office supplies Office supplies Office supplies 010-2500-425.21-10 010-1110-411.21-10 010-3320-431.21-10 050-1400-414.21-10 010-2500-425.21-10 010-1100-411.21-10 224.79 2.20 10.35 8.08 43.66 112.91 517.68... 115705 7/29/2016 Star auto parts 201731 201868 201882 Battery for generator 30 month battery / #311 18 month battery / #622 055-4170-450.33-30 055-4170-450.33-50 010-7101-410.33-50 149.03 157.67 106.91 413.61 115706 7/29/2016 State of california dept of justice 173010 172967 176017 Analysis dec 2015 Analysis june 2016 Pre -employment fingerprts 010-3100-431.34-05 010-3100-431.34-05 010-1210-412.30-90 35.00 210.00 64.00 309.00 115707 7/29/2016 Sullens, preston REQUEST 063016 REQUEST 072016 Reimburse medical expense Reimburse medical expense 010-2500-425.11-90 010-2500-425.11-90 65.00 10.00 75.00 115708 7/29/2016 Sungard public sector inc./fis 123003 Asp maint srvc aug 2016 010-1400-414.34-05 4,359.00 4,359.00 115709 7/29/2016 Superior pavement markings,inc. 6992 13 thermoplastics - stop 010-4150-410.34-05 3,445.00 3,445.00 115710 7/29/2016 Time warner cable 07022016 Cable srvc 7/10-8/9/2016 010-3100-431.34-05 236.29 236.29 115711 7/29/2016 Tri lake consultants, inc. 11820 11821 11822 11823 11824 11825 11826 11827 11828 11829 11830 11831 11832 11833 11834 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 010-4100-410.30-90 199-9999-425.40-01 199-9999-425.40-01 076-8900-410.30-90 199-9999-425.40-01 199-9999-425.40-01 199-9999-425.40-01 199-9999-425.40-01 199-9999-425.40-01 199-9999-425.40-01 712-4150-500.40-01 011-4100-410.30-90 011-4100-410.30-90 011-4100-410.30-90 011-4100-410.30-90 4,512.20 1,037.50 9,062.50 150.00 2,075.00 7,229.16 1,700.00 3,100.00 50.00 4,050.00 150.00 300.00 50.00 195.00 150.00 38,734.24 Page 45 Zld£ W 31I add N 3 91d City of San Jacinto Warrant Register m z 07/31/2011 a 8� :30`dd 13>NOVd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total 115711... 7/29/2016... Tri lake consultants, inc.... 11835 11836 11837 11838 11839 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 Prof srvcs 6/4-6/30/2016 065-0000-201.06-50 199-9999-425.40-01 199-9999-425.40-01 065-0000-211.21-21 065-0000-201.06-49 140.00 3,677.88 100.00 280.00 725.00 38,734.24... 115712 7/29/2016 United healthcare insurance co.,inc 0033314300 0033314300 0033314300 0033314300 Premium august 2016 Premium august 2016 City portion cobra aug'16 City portion cobra aug'16 085-0000-202.21-39 065-0000-201.08-64 010-4200-410.11-18 010-7400-425.11-18 50,698.41 1,828.13 23.74 52.77 52,603.05 115713 7/29/2016 Verizon wireless 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 9768748934 Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service Staff cell phone service 010-1100-411.35-17 011-1700-417.35-17 010-3100-431.35-17 011-3300-431.35-17 010-3320-431.35-17 010-4140-410.35-17 010-4150-410.35-17 010-4200-410.35-17 010-7100-410.35-17 010-7101-410.35-17 050-4200-410.35-17 050-9000-450.35-17 055-4170-450.35-17 055-4200-410.35-17 010-9600-960.35-17 010-2500-425.35-17 136.14 21.63 36.63 28.61 68.78 24.49 93.21 62.50 115.83 16.45 1.57 142.93 59.60 0.78 13.65 2.42 825.22 115714 7/29/2016 Voyager fleet systems, inc. 869158709626 869158709626 869158709626 869158709626 869158709626 Fleet fuel Fleet fuel Fleet fuel Fleet fuel Fleet fuel 055-4170-450.21-70 050-9000-450.21-70 010-4150-410.21-70 010-4140-410.21-70 024-3100-431.21-70 167.52 199.52 270.80 88.28 179.98 906.10 115715 7/29/2016 Wendy muniz REQUEST 072016 Refund water deposit 050-0000-229.08-70 31.23 31.23 115716 7/29/2016 Yarnall, rene REQUEST 072016 Reimburse medical expense 010-2500-425.11-90 10.00 10.00 ZI m 3 W Page 46 City of San Jacinto Warrant Register 07/31/2016 617 :30`dd 1N3Vd Check Number Check Date Vendor Name Invoice Number Description Account Number Transaction Amount Check Total Total Checks 4,175,598.30 Page 47 Z'�d£ W 31I Ada N 3 9V 09 :30`dd 1NN3Vd CITY OF SAN JACINTO ELECTRONIC FUNDS TRANSFER REPORT JULY 1 - 31, 2016 DATE PAYEE AMOUNT REASON 7/27/2016 Union Bank 419,166.54 Debt Service - 2005 RDA TABs 419,166.54 Z'�d£ W 311 Ada N 3 Ord AGENDA ITEM 3A.3 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Habib Montlagh, City Engineer SUBJECT: Grand Reservoir Rehabilitation RECOMMENDATION: Staff recommends that the City Council, by motion, adopt the plans and specifications and authorize City Clerk to advertise for construction. DISCUSSION: Grand Reservoir is a key component of the City's water system and must be maintained and kept in good working condition in order to continue the delivery of water services. The Water Department engaged the services of Harper and Associates to inspect the tank and as a result based on their recommendation, the structural portion of the tank must be improved and upgraded. Harper's estimate for this work is $800,000. The preliminary schedule for this project is as follows: • September, 2016: Bid authorization, advertisement • October 26, 2016: Open Bids • November 1, 2016: Bid Award • January 9, 2016: Start Construction Copy of plans and specifications are available for review at the City Clerk's office. ALTERNATIVES: Approval: Approve the plans and specifications and direct staff to proceed with advertisement. Denial: Do not approve this item as presented, and provide staff with further direction. FISCAL IMPACT: Upon opening of the bids, staff will review and include any budget adjustment needed for Council's consideration. ATTACHMENTS: • None PACKET PAGE: 51 AGENDA ITEM 3A.4 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: San Jacinto Avenue at 5th Street and 6th Street All -Way Stop Warrant Study RECOMMENDATION: Staff recommends that the City Council, by motion, adopt recommendations offered by RK Engineering to improve pedestrian and bicyclist safety and authorize the implementation of the recommended improvements. DISCUSSION: RK conducted a traffic study on March 24, 2016, to determine if an all -way stop would be warranted at the intersections of 5t" Street and 6t" Street to San Jacinto Avenue. The study indicated that the intersection of 5t" Street and San Jacinto did not fit the criteria for an all -way stop. 6t" Street and San Jacinto Avenue lacked corner sight distance for westbound traffic turning south onto San Jacinto Avenue. The lack of sight distance warranted an all -way stop; however, RK does not recommend an all -way stop. Based on the study, it is recommended that the existing striped crosswalk at 5t" Street and San Jacinto Avenue be installed with an in -road illuminated crosswalk to provide additional warning to vehicles traveling along San Jacinto Avenue. An all -way stop is warranted but not recommended at 6t" Street and San Jacinto Avenue. In order to improve corner sight distance, RK recommends that the intersection be striped with lane tapers south of the intersection, and that the existing stop bar be restriped closer to San Jacinto Avenue for westbound traffic on 6t" Street. The full traffic study report is available at the City Clerk's office. ALTERNATIVES: Approval: Approve the study prepared by RK Engineering. Denial: Do not approve the study, and provide staff direction as appropriate. FISCAL IMPACT: The estimated cost to implement is $20,000, Gas Tax Funds will be utilized for this work. PACKET PAGE: 53 AGENDA ITEM 3A.4 ATTACHMENTS: • Traffic study summary and exhibits PACKET PAGE: 54 SAN JACINTO AVENUE AT 5TH STREET A `. E! 1.T . 3a:4 ALL -WAY STOP WARRANT STUDY City of San Jacinto, California PACKET PAGE: 55 RI( engineering group, inc. AGENDA ITEM 3A.4 SAN JACINTO AVENUE AT 5TH STREET AND 6th STREET ALL -WAY STOP WARRANT STUDY City of San Jacinto, California Prepared for: CITY OF SAN JACINTO 595 S. San Jacinto Avenue San Jacinto, CA 92583 Prepared by: RK ENGINEERING GROUP, INC. 4000 Westerly Place, Suite 280 Newport Beach, CA 92660 Robert Kahn, P.E. Jethro Jay Narciso, E.I.T. April 8, 2016 JN:dtRK77646.doc 1N: 0328-2016-02 PACKET PAGE: 56 engineering group, inc. AGENDA ITEM 3A.4 traffic engineering • transportation planning acoustical engineering • parking studies air quality & greenhouse gas analysis April 8, 2016 Mr. Sean Motlagh CITY OF SAN JACINTO 595 S. San Jacinto Avenue San Jacinto, CA 92583 Subject: San Jacinto Avenue at 5th Street and 6th Street All -Way Stop Warrant Study, City of San Jacinto Dear Mr. Motlagh: Introduction RK ENGINEERING GROUP, INC. (RK) has completed an all -way stop analysis for the existing intersections of San Jacinto Avenue at 5' Street and 6'h Street, both located in the City of San Jacinto. The intersection is within close proximity to San Jacinto Elementary School and Monte Vista Middle School. Both intersections are currently operating as a cross -way stop, with the east and west legs of the intersections controlled by a stop sign and the north and south legs flowing without any intersection control. An aerial of the intersections is provided in Exhibit A. Currently, residents in the area are concerned with the high number of school -aged pedestrians crossing in the east / west directions without a crosswalk or stop sign. In order to address the concerns of the community, RK conducted a field review and obtained seven (7) Average Daily Traffic (ADT) and eight (8) pedestrian counts adjacent to each approach of the intersection. It should be noted that only one ADT count was taken on San Jacinto Avenue between 5'h Street and 6'h Street as it is a relatively short segment, and traffic counts would not change throughout the segment. All of the streets in the community are public streets and are controlled by the City of San Jacinto. San Jacinto Avenue serves as a major arterial, while 5th Street and 6th Street both serve as local streets. A field visit was held on -site on Monday, March 28, 2016. The purpose of the visit was to address the traffic and pedestrian related concerns at the intersections of San Jacinto Avenue at 5th Street and 6' Street. Based on these field reviews, the following areas of concern were identified: 1. There is one (1) uncontrolled striped crosswalk on San Jacinto Avenue at 5'h Street. However, any crossing pedestrians may run the risk of a conflict, especially as there is a high volume of traffic along San Jacinto Avenue, as well as a posted speed limit of 40 mph. PACKET PAGE: 57 4000 westerly place, suite 280 newport beach, california 92660 tel 949.474.0809 fax 949.474.0902 www.rkengineer.com AGENDA ITEM 3A.4 2. There is a sight distance issue at the southeast corner of San Jacinto Avenue at 6th Street, due to an existing store building. The existing traffic controls and roadway design features for San Jacinto Avenue at 5th Street and 6th Street are provided in Exhibit B. The following roadway elements were observed in the field review: • According to the City of San Jacinto General Plan Circulation Element, San Jacinto Avenue is defined as a major arterial. San Jacinto Avenue generally has a defined curb -to -curb width of approximately 42-45 feet and is a two-lane divided roadway within the vicinity of the project study area. San Jacinto Avenue is not traffic controlled at 5th Street and 6th Street, but is traffic controlled to the north and the south of the study area by means of signalized intersections. • 5th Street has a defined curb -to -curb width of approximately 40 feet and is a two- lane undivided roadway. 5th Street is stop -controlled in both the eastbound and westbound directions. • 6th Street has a defined curb -to -curb width of approximately 40 feet and is a two- lane undivided roadway. 6th Street is stop -controlled in both the eastbound and westbound directions. • At the intersection of both 5th Street and 6th Street, San Jacinto Avenue has a two- way left -turn median for both northbound and southbound vehicles. • The posted speed limit along San Jacinto Avenue is 40 mph. • There currently exists one (1) uncontrolled striped crosswalk across San Jacinto Avenue on the north side of 5th Street. • Parking is not permitted northbound along San Jacinto Avenue, between 5th Street and 6th Street • It should be noted that the signalized intersection of San Jacinto Avenue at Main Street/Ramona Boulevard is approximately 330 feet north of the study intersection of San Jacinto Avenue at 5th Street. • It should also be noted that the signalized intersection of San Jacinto Avenue at 7th Street is approximately 625 feet south of the study intersection of San Jacinto Avenue at 6th Street. • Pedestrian sidewalks are provided along San Jacinto Avenue, 5th Street, and 6th Street. JN: dt/RK11646.doc 2 JN: 0328-2016-02 PACKET PAGE: 58 AGENDA ITEM 3A.4 • Street lighting is provided throughout the street system. All -Way Stop Analysis The intersections of San Jacinto Avenue at 5th Street and 6th Street has been evaluated for all -way stop warrants based upon Caltrans and the California Manual on Uniform Traffic Control Devices (CAMUTCD) Section 2B.07 criteria. San Jacinto Avenue at 5th Street Warrant A: Traffic Signal Warranted A traffic signal is not warranted for the study intersection due to low traffic volumes and the close proximity of the signalized intersection of San Jacinto Avenue at Main Street/Ramona Boulevard. Warrant not satisfied. Warrant B: Accidents Collision reports were generated from the California Highway Patrol Statewide Integrated Traffic Records System (SWITRS) database. In the past year (2015), there has been one (1) reported accident near the intersection of San Jacinto Avenue at 5th Street. Appendix A provides the SWITRS data. It should be noted that the accident was a rear end collision as a result of unsafe speed. Warrant not satisfied. Warrant C: Minimum Volumes The intersection of San Jacinto Avenue at 5th Street experiences peak traffic and pedestrian volumes during the hours of 12 PM - 8 PM. The count sheets can be found in Appendix B. As can be seen from the warrant sheets, the major street (San Jacinto Avenue) meets the average volume of 300 vehicles per hour for any 8 hours. However, the minor street (5th Street) does not meet the combination of vehicular, pedestrian, and bicycle volume of 200 units per hour for any 8 hours. Warrant not satisfied. Warrant D: 80% Minimum Accidents and Volumes Warrant D is met if Warrant B and C are met at 80% of the minimum values. The intersection of San Jacinto Avenue at 5th Street meets the 80% average vehicle volumes, but does not meet the 80% accident values, nor does it meet the 80% average minor street vehicle volumes. Warrant not satisfied. Warrant E: Left -Turn Conflicts Left -turn conflicts are minimum. Warrant not satisfied. JN: dt/RK11646.doc 3 JN: 0328-2016-02 PACKET PAGE: 59 AGENDA ITEM 3A.4 Warrant F: Vehicle/ Pedestrian Conflicts Although the intersection is within close proximity to San Jacinto Elementary School and Monte Vista Middle School, there is a very minimal amount of pedestrians and bicyclists crossing the study area intersection. There currently exists an uncontrolled striped crosswalk at the intersection, but pedestrians and bicyclists may still run the risk of a conflict due to the high volume and existing posted speed limit of 40 MPH on San Jacinto Avenue. An all - way stop may minimize the conflicts, but is not necessary as other measures may be taken. Warrant not satisfied. Warrant G: Sight Distance Issues Sight distance issues are minimum. Warrant not satisfied. Warrant H: Intersection of Collector Streets San Jacinto Avenue is defined as a major arterial, and 5th Street is a local street. However, 5th Street has a lower volume and is used by less vehicles than San Jacinto Avenue. Warrant not satisfied. The all -way stop warrant sheets are included in Appendix C. San Jacinto Avenue at 6th Street Warrant A: Traffic Signal Warranted A traffic signal is not warranted for the study intersection due to low traffic volumes and the close proximity of the signalized intersection of San Jacinto Avenue at 7' Street. Warrant not satisfied. Warrant B: Accidents Collision reports were generated from the California Highway Patrol Statewide Integrated Traffic Records System (SWITRS) database. In the past year (2015), there have been two (2) reported accidents near the intersection of San Jacinto Avenue at 6th Street. Appendix A provides the SWITRS data. It should be noted that one accident was a rear end collision as a result of starting/backing, while the other accident was a broadside collision involving a vehicle and a bicyclist. Warrant not satisfied. Warrant C: Minimum Volumes The intersection of San Jacinto Avenue at 6th Street experiences peak traffic and pedestrian volumes during the hours of 11 AM - 7 PM. The count sheets can be found in Appendix B. As can be seen from the warrant sheets, the major street (San Jacinto Avenue) meets the JN: dt/RK11646.doc 4 JN: 0328-2016-02 PACKET PAGE: 60 AGENDA ITEM 3A.4 average volume of 300 vehicles per hour for any 8 hours. However, the minor street (6th Street) does not meet the combination of vehicular, pedestrian, and bicycle volume of 200 units per hour for any 8 hours. Warrant not satisfied. Warrant D: 80% Minimum Accidents and Volumes Warrant D is met if Warrant B and C are met at 80% of the minimum values. The intersection of San Jacinto Avenue at 6th Street meets the 80% average vehicle volumes, but does not meet the 80% accident values, nor does it meet the 80% average minor street vehicle volumes. Warrant not satisfied. Warrant E: Left -Turn Conflicts Left -turn conflicts are minimum. Warrant not satisfied. Warrant F: Vehicle/ Pedestrian Conflicts There is a minimal amount of pedestrians and bicyclists within the study area intersection. There are no crosswalks at the intersection, which may raise the possibility of pedestrian and bicyclist -related accidents, due to the high volume and existing posted speed limit of 40 MPH on San Jacinto Avenue. An all -way stop may minimize the conflicts, but is not necessary as other measures may be taken. Warrant not satisfied. Warrant G: Sight Distance Issues There currently exists a building at the southeast corner of San Jacinto Avenue at 6th Street. The design and location of the existing store building make it difficult to see approaching vehicles traveling northbound on San Jacinto Avenue. Warrant satisfied, however there are other options available to minimize the sight distance restrictions. Warrant H: Intersection of Collector Streets San Jacinto Avenue is defined as a major arterial, and 6th Street is a local street. However, 6th Street has a lower volume and is used by less vehicles than San Jacinto Avenue. Warrant not satisfied. The all -way stop warrant sheets are included in Appendix C. Recommendations San Jacinto Avenue at 5th Street The intersection of San Jacinto Avenue at 5th Street does not currently meet the traffic volume warrants for an all -way stop. However, the findings of the field review determined JN: dt/RK11646.doc 5 JN: 0328-2016-02 PACKET PAGE: 61 AGENDA ITEM 3A.4 that improvements could be made to the existing striped crosswalk in order to improve safety for pedestrians and bicyclists. Installation of an in -road illuminated crosswalk could be considered in order to provide additional warning to vehicles traveling along San Jacinto Avenue. A summary of recommendations for the intersection are provided in Exhibit C. It should be noted that signing and striping plans should be developed prior to the implementation of the above recommendations. With the implementation of the above recommendations, all -way stop controls are not currently recommended. San Jacinto Avenue at 6th Street The intersection of San Jacinto Avenue at 6' Street does not currently meet the traffic volume warrants for an all -way stop. However, the findings of the field review determined that sight distance and possible vehicle -pedestrian -bicycle conflicts may be an issue at this intersection. It is recommended that a striped taper be installed, extending from the existing curb along northbound San Jacinto Avenue, just south of 6' Street. An additional striped taper should also be installed just north of 6m Street to reinforce the southern taper. This will allow the existing stop bar and stop legend to be moved forward to increase sight distance for the southeast corner of the intersection. A summary of recommendations for the intersection are provided in Exhibit D. It should be noted that signing and striping plans should be developed prior to the implementation of the above recommendations. With the implementation of the above recommendations, all -way stop controls are not currently recommended. Conclusions RK Engineering Group, Inc. has completed a traffic review of the intersections of San Jacinto Avenue at 5'h Street and 6' Street. This review has evaluated traffic and pedestrian volumes and sight distance at the study intersections. As noted in this report, current conditions indicate an all -way stop is warranted due to sight distance issues at the intersection of San Jacinto Avenue at 6' Street, but other options are available to minimize sight distance issues. The intersection of San Jacinto Avenue at 5th Street is not warranted for an all -way stop, but additional recommendations have also been provided. RK appreciates this opportunity to work with the City of San Jacinto on this project. If you have any questions regarding this study or need further review, please call our office at (949) 474-0809. Robert Kahn, P.E. Principal Jetli;ro Jay N ra ciso, E.I.T. Engineer I JN: dt/RK 11646. doc 6 JN: 0328-2016-02 PACKET PAGE: 62 AGENDA ITEM 3A.4 Exh i b its PACKET PAGE: 63 AGENDA ITEM 3A.4 ■ Biue's Transmissions Donut Pantry Cafe lg any OIipnts3 S N 0 e/ °a W Main St IE Aental Homes • any oawoer LIPS 5 E 3rcl St El Toro Market E Main St U1 Sih SI • F 5th St cc EI ojo De Aqua Tequeria w1 ■ San Jacinto Senior Cehter rn O A Legend: • = Study Area Intersection W Eth St San Jacinto Planning Department tit E 6th St PI Little Italy Exhibit A Location Map Chagolla's Taqueria E Ma+r1 St ahy uepioi^ s E 5th St E 6th St a 6 0328-201 6-02 (ExA) SAN JACINTO AVENUE AT 5TH STREET AND 6TH STREET ALL- PACKET PAGE: 64 an Jacinto, Califomia RI( engineering group, inc. AGENDA ITEM 3A.4 CAIIIUII. D Existing Roadway Conditions Signalized intersection approximately 330 feet north Uncontrolled Crosswalk Two-way left turn median !�3. Cross Street Sto I.-Y Signalized intersection approximately 625 feet south 7ei, Speed Limit: 40 MPH Pedestrian crossing warning sign -111-z_...cr-2•Mr Corner sight distance issue due to existing building. 0328.2016-02(ExB) SANyaNTOAVENUE ATSTH STREET AND 6TH STREET ALL- PACKET PAGE: 65 an Jacinto, California RI( engineering group, inc. AGENDA ITEM 3A.4 Exhibit C San Jacinto Avenue at 5th Street Recommendations Legend: I = Two -Way Striped Median = Existing Crosswalk / Suggested Installation of In -Road Illuminated Crosswalk 0328-2016-02 (ExC) SAN JACINTO AVENUE AT 5TH STREET AND 6TH STREET ALL- PACKET PAGE: 66 an Jacinto, Califomia RI( engineering group, inc. AGENDA ITEM 3A.4 CAI LJ San Jacinto Avenue at 6th Street Recommendations Legend: = Two -Way Striped Median — Existing Curb = Taper S10P = Adjusted Stop Bar and Stop Legend Slryl = Existing Stop Bar and Stop Legend 0328-2016-02 (ExD) SAN JACINTO AVENUE AT 5TH STREET AND 6TH STREET ALL- PACKET PAGE: 67 an Jacinto, California RI( engineering group, inc. AGENDA ITEM 3A.5 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: 2016 CDBG Downtown Street Improvements (CIP 13-002) RECOMMENDATION: Staff recommends that the City Council, by motion, adopt the plans and specifications for 2016 CDBG Downtown Road Improvements and direct the City Clerk to publicly advertise for bids. DISCUSSION: The adopted 2015-16 budget for capital improvements project includes project 13-002, entitled "2016 CDBG Downtown Street Improvements". This project continues the City's ongoing efforts to improve deteriorated pavement downtown by grinding and overlay asphalt concrete for seven streets in downtown area and includes sidewalk upgrades in various locations. Previous rehabilitation projects were built in 2005, 2007, 2009, 2011, and 2013. Attached to this report, please find an exhibit showing the areas that are to be improved as part of this project. Work will take place on 7t" Street, Wateka Street, DeAnza Drive, Brinton Street, Dillon Avenue, Ash Street, and Castle Court. The preliminary schedule for this project is as follows: • September 6, 2016: Bid Authorization, Advertisement • October 12, 2016: Open Bids • November 1, 2016: Award Contract • December 2016: Expected Construction Start Date During construction, several of the streets will need to be closed for a short period of time to allow the work to be completed. The City Engineer's office has completed preparation of the plans and specifications, and Community Development Management staff obtained approval by EDA for the City to start advertising. Copies of plans and specifications are available for review at the City Clerk's office. PACKET PAGE: 69 AGENDA ITEM 3A.5 ALTERNATIVES: Approval: Approve the plans and specifications and direct staff to proceed with advertisement. Denial: Do not approve this item as presented, and provide staff with further direction. FISCAL IMPACT: The available match funding for the 2016 CDBG Downtown Street Improvement Project (CIP 13-002) is roughly $500,000 per the approved 2015-16 budget with funding source from Community Development Block Grant and Measure A. Upon opening of the bids, staff will review and the available budget and make any necessary recommendations for the funding of construction. No budget action is required. ATTACHMENTS: • Exhibit with locations of 2016 CDBG Downtown Street Improvements PACKET PAGE: 70 AGENDA ITEM 2016 Downtown Street Improvements immiar•«n :N ' . .sa .•r�r: m z Location of AC Grind & Overlay m N AGENDA ITEM 3A.6 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Habib Motlagh, City Engineer SUBJECT: Cottonwood Avenue Sidewalk (KB Home) RECOMMENDATION: Staff recommends that the City Council, by motion, accept the in -lieu payment from KB Home, and add Cottonwood Avenue Street Improvement Project to the adopted CIP. DISCUSSION: In February of 2014, the Council approved Amendment No. 1 to the Development Agreement with KB Home. Among other issues, a condition was added to install sidewalk along Cottonwood Avenue between Warren Road and Cawston Avenue. Over the years, KB and their consultants invested time and money to determine the best available location for the sidewalk. As noted on attached letter from Chris Larsen of KB Home, location of the sidewalk on either side of Cottonwood poses challenges and concerns. City staff and KB Home representatives recently met to discuss this issue and as a result, we agreed to recommend the Council accept the $320,000 fee in lieu of said sidewalk. This amount is adequate to install temporary sidewalk, however we believe additional road widening and possibly right-of-way may be needed to install the sidewalk. It is recommended the Council authorize implementation of new Capital Improvement Project and direct staff to look for additional funding and/or grants to implement the sidewalk and street widening in the next 12-18 months. ALTERNATIVES: Approval: Accept the in -lieu payment. Denial: Do not approve this item as presented, and provide staff with further direction. FISCAL IMPACT: Gas Tax / Measure "A" and/or Grants will be utilized to supplement the in -lieu payment by KB Home for construction of the sidewalk. ATTACHMENTS: • KB Home Letter dated July 27, 2016 PACKET PAGE: 73 AGENDA ITEM 3A.6 KB HOME July 27th, 2016 Tim Hults City Manager - City of San Jacinto 595 S San Jacinto Avenue San Jacinto, CA 92583 Subject: Cottonwood Sidewalk Condition Issue Mr. Hults, Thank you and your staff for working with us to resolve the condition assigned with Amendment No. 1 to Development Agreement No. 03-01 as it pertains to the "Cove Specific Plan" recorded February 10th, 2014 and it's requirement to install a temporary sidewalk on Cottonwood Avenue from the Cove Master Plan to the Meagan Cope Elementary School. Staff and KB both agree the best location for a sidewalk on Cottonwood for this purpose is to install it on the South side of Cottonwood, unfortunately there is not sufficient right-of-way to accommodate a temporary sidewalk within the space available. Additionally when looking at placing the sidewalk on the North side of Cottonwood it was determined that drainage and ROW in some locations was insufficient to convey pedestrian traffic similar to what was done further east of on Cottonwood near Lyon, particularly when considering the many existing utility infrastructure conflicts. In order to meet our obligation, KB Home proposes to pay a cash -in -lieu fee of $320,000 based on the attached cost estimate of $264,000 with additional engineering funding of $56,000 for the City to pursue a capital improvement project that meets the ultimate needs of the City and our homeowners as opposed to pursuing a temporary solution that may prove unsafe. Please do not hesitate to contact me at 951-691-5283. Sincerely, KB HOME COASTAL INC. Chris Larsen Senior Project Manager 36310 Inland Valley Drive, Wildomar, CA 92595 Tel. (951) 691-5300 Fax (951) 677-2190 PACKET PAGE: 75 AGENDA ITEM 3A.7 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Kaleena Richards, City Treasurer SUBJECT: Treasurer's Report at July 31, 2016 RECOMMENDATION: Receive and File Treasurer's Report for July 31, 2016. BACKGROUND: The Treasurer's Report is required to be presented to the governing body at least quarterly in accordance with California Government Code Section 53600 et. seq. DISCUSSION: Total Cash and City Investments decreased 2.04% during the month. This includes cash, cash in bank and cash with trustee. The attached Treasurer's report is a "snapshot" report of our cash position on the last day of the month in all of our accounts. A section demonstrating compliance with the adopted Investment Policy and a chart depicting historical interest rates for certain positions is also included. Detailed statements of investments from Chandler Asset Management and Public Trust Advisors have also been included. FISCAL IMPACT: None. ATTACHMENTS: Treasurer's Report for the month ending July 31, 2016. PACKET PAGE: 77 Pai INVESTMENT TYPE INSTITUTION SERIAL # INTEREST RATE TREASURER'S REPORT FOR THE MONTH ENDING JULY 31, 2016 JULY PURCHASE YIELD INTEREST DATE MATURITY DATE 6/30/2016 PREV. MONTH BALANCE 7/31/2016 CURRENT BALANCE % change from prior month 7/31/2016 MARKET VALUE COMPUTED ACCRUED AVERAGE INTEREST DURATION STATE POOL MONEY MARKET DEMAND Acct - old DEMAND Acct - old DEMAND Acct - new PAYROLL Account Water Construction MONEY MARKET MONEY MARKET MANAGED Acct - CAM MANAGED Acct - CAM MANAGED Acct - CAM MANAGED Acct - CAM MANAGED Acct - CAM MANAGED Acct - CAM MANAGED Acct - PTA MANAGED Acct - PTA MANAGED Acct - PTA kG ED Acct - PTA • 1GED Acct - PTA nl L.A.LF. Bank of Hemet Bank of Hemet Bank of Hemet Bank of Hemet Bank of Hemet Bank of Hemet Rabobank Rabobank Chandler / U.S. Bank - Goat Ob Fund Chandler / U.S. Bank - Agency Chandler / U.S. Bank - Commercial Chandler / U.S. Bank - US Corporate Chandler / U.S. Bank - US Treasury Chandler / U.S. Bank - Asset -Backed Sec. PTA / U.S. Bank - Gov't Ob Fund PTA / U.S. Bank - Agency PTA / U.S. Bank - US Corporate PTA / U.S. Bank - US Treasury PTA / U.S. Bank - Municipal Bonds Cash in EOC Lockbox Cash on Hand m.L CITY INVESTMENTS & FUNDS H Trustee 0 40. 2002-1 m it Fund d Fund Fund ,IFund • ,IFund Mutual Fund Mutual Fund Mutual Fund Mutual Fund Mutual Fund 0.572% 0.150% 0.000% 0.000% 0.000% 0.000% 0.000% 0.050% 0.200% 0.000 1.150% 0.000% 1.340% 0.980% 1.040% 0.010% 0.000% 1.027% 0.912% 1.261 % 0.000% 0.000% 0.574% 0.150 % 0.000% 0.000% 0.000% 0.000% 0.000% 0.050 % 0.200% 0.000% 1.156% 0.000% 1.348% 0.984% 1.045% 0.010% 0.000% 1.032% 0.916% 1.268 % 0.000% 0.000% $5,973 $1,232 N/A N/A N/A N/A N/A $0 $237 $0 58,709 $0 53,213 51,638 $0 $0 $0 S2,973 54,859 $0 NIA N/A 0.599% 0.601% $28,834 Annual Return Based on Previous Month Balance 0.438% RESTRICTED CASH WITH FISCAL AGENT (BOND FUNDS) Union Bank Blackrock Prov. T-Fund XXXXXX5401 0.230% 0.230% Union Bank Blackrock Prov. T-Fund XXXXXX5406 0.000% 0.000% Union Bank Blackrock Prov. T-Fund XXXXXX5407 0.000% 0.000% Union Bank Blackrock Prov. T-Fund XXXXXX5501 0.320% 0.320% Union Bank Blackrock Prov. T-Fund XXXXXX5506 0.220% 0.220% Union Bank Blackrock Prov. T-Fund XXXXXX5520 0.000% 0.000% Union Bank Blackrock Prov. T-Fund XXXXXX0902 0.000% 0.000% Union Bank Blackrock Prov. T-Fund XXXXXX0906 0.000% 0.000% Union Bank Blackrock Prov. T-Fund XXXXXX0907 0.220% 0.220% Union Bank Blackrock Prov. T-Fund XXXXXX0908 0.000% 0.000% TOTAL CFD NO. 2002-1 2005 RDA SAN JACINTO TAX ALLOCATION BONDS Mutual Fund Union Bank Blackrock Prov. T-Fund TOTAL CASH WITH FISCAL AGENT TOTAL ALL FUNDS XXXX75750X 0.220% 0.220/ PER INVESTMENT POLICY: Level 1 - Investments U.S. Treasury Bills, Notes and Bonds Negotiable CDs Obligations issued by U.S. Government Agencies Municipal Bonds Commercial Paper Medium Term Notes .vlewe 6;: Finance ,1rec-or - e/3 016 Various Various Various Various Various Various Various Various Various Various Various Various Various Various Various Various Various Various Various Various Various Various Open Open Open Open Open Open Open Open Open Various Various Various Various Various Various Various Various Various Various Various n/a n/a Various Open Various Open Various Open Various Open Various Open Various Open Various Open Various Open Various Open Various Open Various Open $12,286,848 $10,866,153 $512,708 $10,859 $40,501 $7,832 $3,851,131 $76,696 $1,498,410 $34,602 $5,037,173 $0 $2,207,368 $2,625,696 $339,481 $90,041 $0 $1,140,295 $8,648,648 $380,000 $5,000 $850 N $12,303,564 Q S9,502,384 O $455,902 O $10,849 O $28,168 O $5,667 O $3,851,131 O $27,593 O $1,474,095 L $37,035 C $5,063,573 E $0 F $2,207,368 A $2.625,696 $322,744 L $106,507 C $0 F $1,140,295 A $8,639,866 D $380,000 O $5,000 O $850 0.14% -12.55 % -11.08% -0.09% -30.45 -27.64% 0.00% -64.02% -1.62% 7.03% 0.52 % 0.00% 0.00% 0.00% -4.93% 18.29% 0.00% 0.00% -0.10% 0.00% 0.00% 0 00% $12,309,537 S9,502,384 $455,902 $10,849 $28,168 $5,667 $3,851,131 $27,593 $1,474,095 $37,035 $5,104,556 $0 $2,218,924 $2,649,905 S323,219 S106,508 $0 $1,132,549 $8,686,577 $383,284 $5,000 $850 $5,973 S0 50 S0 $0 $0 $0 So So SO $40,983 $0 $11,556 $24,209 $475 $1 $0 ($7,746) $46,711 53,284 $0 $0 $49,660,292 $48,188,287 -2.96% $48,313,733 $125,446 $88 K $1 K $0 K $3 K 5300 K $0 K $88,583 K $1,754,109 K $14,008 K $4.637 K $1.861,729 $88 S1 SO S3 $300 50 $88,599 $1,754,433 $14,011 $4,638 $1,862,073 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.02% 0.02% 0.02% 0.02% 0.02% $88 $1 $0 $3 $300 $0 $88,599 $1,754,433 $14,011 $4,638 $1,862,073 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $9 K $419,175 4657400.00% $419,175 $0 $1,861,738 $2,281,248 22.53% $2,281,248 $0 $51,522,030 $50,469,535 -2.04% $50,594,981 $125,446 Maximum % Current % In Compliance? 100% 22% Yes A $11,265,562 30% 0% Yes B S0 100% 10% Yes C $5,063,573 100% 1% Yes D S380,000 25% 0% Yes E $0 30% 7% Yes F $3,347,663 0.00 1.99 0.00 1.47 1.57 0.65 0.00 0.00 0.79 1.95 1.97 LIM W31I AdaN3O11 Paga 2 TREASURER'S REPORT FOR THE MONTH ENDING JULY 31, 2016 6/30/2016 7131/2016 % change INVESTMENT INSTITUTION INTEREST JULY PURCHASE MATURITY PREV. MONTH CURRENT from poor TYPE SERIAL# RATE YIELD INTEREST DATE DATE BALANCE BALANCE month m z 7/31/2016 COMPUTED a MARKET ACCRUED AVERAGE VALUE INTEREST DURATION Repurchase Agreements 100% 0% Yes G $0 Banker's Acceptances 40% 0% Yes H $0 Time Deposits & CDARS 30% 0 % Yes I $0 Mortgage pass -through / asset -backed securities 20% 1 % Yes J $322,744 Mutual Funds (Limited to U.S. Treasuries) 18% 5% Yes K $2,281.248 Mutual Funds (Limited to U.S. Govt. Sec.) 18% 0% Yes L $143,542 Level 2 - Investments Money Market Funds (non -brokered) 20% 0% Yes M $0 LAIF 70% 24% Yes N $12,303,564 RCIF 70% 0% Yes 0 $0 Other JPA Pool 50% 0% Yes P $0 Cash & Demand Accounts nln n/a nla 0 $15,361,639 I CERTIFY THAT THESE INVESTMENTS COMPLY WITH ALL STATE LAWS PERTAINING TO THE INVESTMENT OF LOCAL AGENCY FUNDS AND THE CITY OF SAN JACINTO'S INVESTMENT POLICIES, CITY OF SAN JACINTO MEETS OR EXCEEDS THE SIX MONTH CASH FLOW REQUIREMENTS r" R GOVERNMENT CODE 53646(b)(3). D� ENA RICHARDS, TREASURER m ' San Jacinto H 0 co 0 $50,469,535 m 3 w Reviewed 3y: Yiranro Director — 8/30/2016 L 9 :30'd 1>N3Vd CA% I CHANDLER ASSET MANAGEMENT Monthly Account Statement City of San Jacinto July 1, 2016 through July 31, 2016 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian US Bank April Bernhardt (503)-464-3616 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Prices are provided by IDC, an independent pricing source. 6225 Lusk Boulevard I San Diego, CA 92121 I Phone 800.317.4747 I Fax 858.546.3741 I www.chandlerasset.com EVE IAI31I add N 3 Ord CAI City of San Jacinto Account #10167 Portfolio Summary As of 7/31/2016 PORTFOLIO CHARACTERISTICS ACCOUNT SUMMARY TOP ISSUERS n us fll Corporate -I (21.5 %) >mey D irket r ii 'und FI CO t%) Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.71 1.24% 1.14 % 0.77 % AA+/Aa1 1.81 yrs 1.76 yrs Beg. Values End Values as of 6/30/16 as of 7/31/16 Market Value ( 10,301,692 10,304,465 Accrued Interest 31,693 29,174 Total Market Value 10,333,385 10,333,639 Income Earned 9,592 9,663 Cont/WD -963 Par 10,214,400 10,225,089 Book Value 10,219,447 10,230,666 Cost Value 10,244,319 10,256,416 Issuer Government of United States Federal National Mortgage Assoc Federal Home Loan Mortgage Corp Federal Home Loan Bank Federal Farm Credit Bank Oracle Corp Apple Inc Berkshire Hathaway ClI % Portfoli 25.6 °, 3 15.7 °, w 15.6 °i 13.1 ° 5.0 % 2.0 % 1.9 % 1.9 % 80.9% SECTOR ALLOCATION MATURITY DISTRIBUTION CREDIT QUALITY (S&P) ABS (3.1 %) Agency (49.4 %) US Treasury (25.6 %) 35% 30% 25% 20% 15% 10% 5% 0/0 9.2 0 7.4 % -'7 4.6 % ■ 30.1 1.2 % 1 11.4 % 6.2 % 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5+ Maturity (Yrs) AA (85.8 %) AAA (5.3 %) (8.9%) PERFORMANCE REVIEW Total Rate of Return As of 7/31/2016 Current Month Latest Year 3 Months To Date 1 Yr Annualized 3 Yrs 5 Yrs 10 Yrs Since 6/30/2012 6/30/2012 City of San Jacinto 0.01 % 0.49 % 1.58 % 1.52% 1.08% N/A N/A 0.92 3.81 % BAML 1-3 Yr US Treasury Index -0.06 % 0.44 % 1.38 % 1.20 % 0.91 % N/A N/A 0.79 % 3.25 % BAML 1-3 Yr US Corporate/Govt Rated AAA -A Index -0.01 % 0.49 % 1.52 % 1.42% 1.07% N/A N/A 1.00 % 4.14 % Chandler Asset Management - CONFIDENTIAL Page 1 Execution Time: 8/2/2016 12:28:17 AM £8 :30'd 1>N3Vd (M City of San Jacinto July 31, 2016 COMPLIANCE WITH INVESTMENT POLICY 1 Assets managed by Chandler Asset Management are in full compliance with State law and with the City's investment policy. Category Standard Comment Local Agency Bonds BBB rated equivalent by a NRSRO; 5% max issuer Complies Treasury Issues No Limitation Complies Agency Issues No Limitation Complies Banker's Acceptances 40% maximum; <180 days maturity; A-1 rated equivalent by at least two NRSROs; "A" rated or better by two NRSROs on long-term debt Complies Commercial Paper 25% maximum; <270 days maturity; A-1 rated equivalent by at least two NRSROs; "A" rated or better by two NRSROs on long-term debt Complies Negotiable Certificates of Deposit 30% maximum; A rated equivalent by at least two NRSROs; A- 1, or equivalent short term rating by two NRSROs Complies Federally Insured Certificates of Deposit (CDs)/ Time Deposit (TDs) 20% maximum (combined FDIC insured and collateralized TD/ CD) Complies Collateralized Certificates of Deposit (CDs)/Time Deposit (TDs)/ 20% maximum (combined FDIC and collateralized TD/ CD); A -Complies 1, or equivalent by 2 NRSROs; "A" rated or better by two NRSROs, if long-term debt Medium Term Notes 30% maximum; "A" rated or better by at least two NRSROs Complies Money Market Mutual Funds 20% maximum; AAA rated by at least two NRSROs Complies Mortgage Pass-throughs, Asset Backed Securities 20% maximum; AA -rated issue; A -rated issuer Complies Local Agency Investment Fund - L.A.I.F. Currently not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes, Interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse repurchase agreements Complies Issuer Maximum 5% per issuer for all non -government issuers Complies Maximum maturity 5 years Complies Lin W31I VON3OV City of San Jacinto California Account#10167 Reconciliation Summary As of 7/31/2016 BOOK VALUE RECONCILIATION Beginning Book Value $10,219,447.38 Acquisition + Security Purchases $236,311.30 + Money Market Fund Purchases $240,574.17 + Money Market Contributions $0.00 + Security Contributions $0.00 + Security Transfers $0.00 Total Acquisitions $476,885.47 Dispositions $0.00 Security Sales Money Market Fund Sales $237,177.87 MMF Withdrawals $963.17 Security Withdrawals $0.00 Security Transfers $0.00 Other Dispositions $0.00 Maturites $210,000.00 Calls $0.00 Principal Paydowns $16,743.39 Total Dispositions $464,884.43 Amortization/Accretion +/- Net Accretion ($782.75) ($782.75) Gain/Loss on Dispositions +/- Realized Gain/Loss $0.00 $0.00 Ending Book Value $10,230,665.67 CASH TRANSACTION SUMMARY BEGINNING BALANCE $34,601.64 Acquisition Contributions $0.00 Security Sale Proceeds $0.00 Accrued Interest Received $0.00 Interest Received $13,830.67 Dividend Received $0.11 Principal on Maturities $210,000.00 Interest on Maturities $0.00 Calls/Redemption (Principal) $0.00 Interest from Calls/Redemption $0.00 Principal Paydown $16,743.39 Total Acquisitions $240,574.17 Disposition Withdrawals $963.17 Security Purchase $236,311.30 Accrued Interest Paid $866.57 Total Dispositions $238,141.04 Ending Book Value $37,034.77 Lin W31I VON3OV Chandler Asset Management - CONFIDENTIAL Page 3 Execution Time: 8/2/2016 12:28:17 AM City of San Jacinto Account #10167 Holdings Report As of 7/31/16 Purchase Date Cost Value Mkt Price Market Value % of Port. Moody/S&P Maturity CUSIP Security Description ar Value/Units Book Yield Book Value Mkt YTM Accrued Int. Gain/Loss Fitch Duration ABS 89231 MAC9 Toyota Auto Receivables Owner 2014-A 0.67% Due 12/15/2017 38,462.64 05/26/2015 0.78 % 38,429.59 38,453.32 0.95 % 38,434.33 11.45 0.37 % Aaa / AAA (18.99) NR 1.38 0.26 89231TAB6 Toyota Auto Receivables Owner 2015-C 0.92% Due 2/15/2018 39,791.57 08/18/2015 39,788.37 100.00 39,793.08 0.39 % Aaa / AAA 1.55 0.93 % 39,789.58 0.91 % 16.27 3.50 NR 0.31 43814GAC4 Honda Auto Receivables 2014-2 A3 0.77% Due 3/19/2018 44,800.42 05/13/2014 44,795.04 99.95 44,777.12 0.43 % Aaa / AAA 1.63 0.78 % 44,798.99 0.90 % 12.46 (21.87) NR 0.41 89236WAC2 Toyota Auto Receivables Owner 2015-A 1.12% Due 2/15/2019 95,000.00 02/24/2015 94,985.64 100.10 95,092.34 0.92 % Aaa /AAA 2.55 1.13% 94,992.51 1.00 % 47.29 99.83 NR 0.79 43813NAC0 Honda Auto Receivables 2015-2 A3 1.04% Due 2/21/2019 105,000.00 Various 104,745.47 100.00 105,004.31 1.02 % NR / AAA 2.56 1.20% 104,821.70 1.04 % 30.33 182.61 AAA 0.91 Total ABS 323,054.63 1.04 % 322,744.11 322,856.10 0.98 % 323,101.18 117.80 3.13% Aaa/AAA 245.08 Aaa 2.16 0.65 D C) 'EACW7 iGOGY3 NCY FHLMC Note 2% Due 8/25/2016 190,000.00 06/14/2012 0.82 % 199,262.31 190,145.10 0.26 % 190,219.64 1,646.67 1.86 % Aaa / AA+ 74.54 AAA 0.07 0.07 FNMA Note 1.25% Due 1/30/2017 295,000.00 02/05/2014 0.72 % 99.93 100.12 299,587.25 100.39 295,766.65 0.47 % 296,146.37 2.87% Aaa /AA+ 10.24 379.72 AAA 0.50 0.50 220,000.00 08/20/2012 221,392.60 100.28 220,623.70 2.14 % Aaa / AA+ 0.60 0 1% Due 3/8/2017 0.86 % 220,183.72 0.53 % 873.89 439.98 AAA 0.60 fll iGOJA2 FNMA Note 1.125% Due 4/27/2017 0.85 % 235,473.14 0.56 % D 'EADCO CO FHLMC Note 235,000.00 03/14/2014 236,999.85 100.42 235,984.42 2.29 % Aaa / AA+ 0.74 690.31 511.28 AAA 0.73 (31179DD8 FHLB Note 1% Due 6/21/2017 260,000.00 06/09/2014 260,566.80 100.30 260,780.26 2.53 % Aaa / AA+ 0.89 0.93 % 260,165.89 0.66 % 288.89 614.37 AAA 0.88 3137EADJ5 FHLMC Note 1% Due 7/28/2017 220,000.00 09/25/2013 218,563.40 100.36 220,791.34 2.14 % Aaa / AA+ 0.99 1.17% 219,629.56 0.64 % 18.33 1,161.78 AAA 0.99 3135G0MZ3 FNMA Note 0.875% Due 8/28/2017 325,000.00 05/06/2013 326,956.50 100.23 325,760.18 3.16 % Aaa / AA+ 1.08 0.73 % 325,487.26 0.66 % 1,208.59 272.92 AAA 1.07 3137EADLO FHLMC Note 200,000.00 11/14/2013 199,540.00 100.36 200,715.40 1.95 % Aaa / AA+ 1.16 1% Due 9/29/2017 1.06 % 199,862.07 0.69 % 677.78 853.33 AAA 1.1 s 3135G0P00 FNMA Note 175,000.00 05/19/2014 173,962.25 100.22 175,379.93 1.70 % Aaa / AA+ 1. 0.875% Due 10/26/2017 1.05 % 174,627.07 0.70 % 404.08 752.86 AAA 1. 0 3137EADN6 FHLMC Note 210,000.00 07/28/2014 206,123.40 100.04 210,077.70 2.03 % Aaa / AA+ 1. lln 0.75% Due 1/12/2018 1.30 % 208,376.31 0.72 % 83.13 1,701.39 AAA 1. Z 313378A43 FHLB Note 235,000.00 06/21/2013 233,211.65 100.93 237,183.62 2.31 % Aaa/AA+ 1. 1.375% Due 3/9/2018 1.54 % 234,391.04 0.79 % 1,274.55 2,792.58 AAA 1. 3135G0E33 FNMA Note 200,000.00 06/26/2015 199,479.40 100.70 201,392.00 1.95 % Aaa / AA+ 1.ri 1.125% Due 7/20/2018 1.21 % 199,665.36 0.77 % 68.75 1,726.64 AAA 1. m 3135G0E58 FNMA Note 135,000.00 08/27/2015 134,781.30 100.71 135,952.97 1.32 % Aaa / AA+ 2. 3 1.125% Due 10/19/2018 1.18% 134,845.34 0.80 % 430.31 1,107.63 AAA 2. a Chandler Asset Management - CONFIDENTIAL Page 4 Execution Time: 8/2/2016 12:28:17 AM v City of San Jacinto Account #10167 Holdings Report As of 7/31/16 CUSIP Security Description ar Value/Units Purchase Date Book Yield Cost Value Mkt Price Market Value % of Port. Moody/S&P Matu Book Value Mkt YTM Accrued Int. Gain/Loss Fitch Durati AGENCY 3133EFSJ7 FFCB Note 1.3% Due 12/14/2018 260, 000.00 12/ 15/ 2015 1.38% 259,368.20 101.13 259,500.45 0.82 % 262,928.90 441.28 3,428.45 AAA 2.55 % Aaa / AA+ 2. 11 2. 3137EADZ9 FHLMC Note 1.125% Due 4/15/2019 235,000.00 07/18/2016 236,311.30 100.70 236,654.64 2.30 % Aaa / AA+ 2. 0.92 % 236,294.25 0.86 % 954.69 360.39 AAA 2. w 313379EE5 FHLB Note 1.625% Due 6/14/2019 150,000.00 09/24/2015 151,932.00 102.02 153,034.80 1.48 % Aaa / AA+ 2. 1.27% 151,489.55 0.91 % 318.23 1,545.25 AAA 2. .J 3133EFW52 FFCB Note 1.15% Due 7/1/2019 250,000.00 04/08/2016 251,222.50 100.71 251,785.25 2.44 % Aaa / AA+ 2.92 1.00% 251,106.07 0.90% 239.58 679.18 AAA 2.86 3137EADK2 FHLMC Note 1.25% Due 8/1/2019 170,000.00 08/28/2015 168,951.10 101.04 171,762.39 1.67 % Aaa / AA+ 3.00 1.41 % 169,197.38 0.90 % 1,062.50 2,565.01 AAA 2.92 3137EADM8 FHLMC Note 1.25% Due 10/2/2019 155,000.00 09/24/2015 154,443.55 101.07 156,658.81 1.52 % Aaa / AA+ 3.17 1.34 % 154,561.44 0.91 % 640.45 2,097.37 AAA 3.09 G0A78 FNMA Note 245,000.00 12/10/2015 245,149.45 102.27 250,559.30 2.43 % Aaa / AA+ 3.48 D 1.625% Due 1/21/2020 1.61 % 245,126.17 0.96 % 110.59 5,433.13 AAA 3.37 0 i83HU8 FHLB Note 130,000.00 10/14/2015 132,181.40 102.65 133,441.36 1.29 % Aaa / AA+ 3.87 T 1.75% Due 6/12/2020 1.38 % 131,808.43 1.05 % 309.65 1,632.93 NR 3.73 f IA5Z77 FHLB Note 125,000.00 10/27/2015 127,132.50 103.02 128,771.38 1.25 % Aaa / AA+ 4.00 1.83% Due 7/29/2020 1.46 % 126,791.01 1.06 % 12.71 1,980.37 AAA 3.85 ..I-' - IA3UQ5 FHLB Note 225,000.00 01/28/2016 228,642.75 103.22 232,246.58 2.25 % Aaa / AA+ 4.37 1.875% Due 12/11/2020 1.53 % 228,263.72 1.12% 585.94 3,982.86 NR 4.18 m IA7CV5 FHLB Note 200,000.00 03/10/2016 197,812.00 101.05 202,109.40 1.97 % Aaa / AA+ 4.56 1.375% Due 2/18/2021 1.61 % 197,985.34 1.14% 1,245.14 4,124.06 AAA 4.37 CO I Agency 5,063,573.46 5,045,000.00 1.15 % 5,050,742.32 5,090,960.34 49.40 % Aaa / AA+ 2.04 0.77 % 13,596.28 40,218.02 Aaa 1.99 MONEY MARKET FUND FI 31846V203 First American Govt Obligation Fund 37,034.77 Various 37,034.77 1.00 37,034.77 0.36 % Aaa / AAA 0.00 0.00 % 37,034.77 0.00 % 0.00 0.00 NR 0.00 Total Money Market Fund FI 37,034.77 N/A 37,034.77 37,034.77 0.00 % 37,034.77 0.00 0.36% Aaa/AAA 0.00 NR 0.00 0.00 742718DV8 Procter & Gamble Co Note 1.45% Due 8/15/2016 190,000.00 11/14/2012 0.71 % 195,156.60 190,052.89 0.62 % 100.03 190,060.99 1,270.36 1.85 % Aa3 / AA- 8.10 NR 0.04 0.04 02665WAB7 American Honda Finance Note 1.125% Due 10/7/2016 125,000.00 03/05/2014 0.78 % 126,100.00 100.08 125,078.24 0.69 % 125,098.75 445.31 1.21% Al/A+ 20.51 NR 0.19 0.18 084670BD9 Berkshire Hathaway Note 1.9% Due 1/31/2017 200,000.00 08/13/2013 203,422.00 100.50 201,009.00 1.95% Aa2/AA 0.50 1.39 % 200,495.43 0.89 % 10.56 513.57 A+ 0.50 91159HHD5 US Bancorp Callable Note Cont 125,000.00 05/19/2014 127,113.75 100.52 125,655.75 1.22 % Al / A+ 0.79 4/15/2017 1.06 % 125,512.97 0.90 % 435.42 142.78 AA 0.70 1.65% Due 5/15/2017 Chandler Asset Management - CONFIDENTIAL Page 5 Execution Time: 8/2/2016 12:28:17 AM City of San Jacinto Account #10167 Holdings Report As of 7/31/16 CUSIP Security Description ar Value/Units Purchase Date Book Yield Cost Value Mkt Price Market Value % of Port. Moody/S&P Maturity Book Value Mkt YTM Accrued Int. Gain/Loss Fitch Duration US CORPORATE 48126EAA5 JP Morgan Note 2% Due 8/15/2017 125,000.00 05/06/2013 1.35% 128,341.25 100.84 125,812.27 1.19 % 126,046.50 1,152.78 1 1.23% A3/A- 234.23 A+ 1.04 1.02 68389XAN5 Oracle Corp Note 1.2% Due 10/15/2017 200,000.00 08/13/2013 195,402.00 100.42 200,844.40 1.95% Al /AA- 1.21 1.78% 198,669.88 0.85 % 706.67 2,174.52 A+ 1.19 94974BFG0 Wells Fargo Corp Note 1.5% Due 1/16/2018 175,000.00 10/17/2014 175,666.75 100.51 175,886.03 1.70% A2 / A 1.38% 175,300.66 1.15% 109.38 585.37 AA- 1.46 1.44 808513AK1 Charles Schwab Corp Callable Note 110,000.00 03/03/2015 109,861.40 100.58 110,638.88 1.08% A2 / A Cont 2/10/2018 1.54 % 109,925.89 1.11 % 646.25 712.99 A 1.5% Due 3/10/2018 1.61 1.49 24422ESB6 John Deere Capital Corp Note 1.3% Due 3/12/2018 125,000.00 03/20/2015 125,238.75 100.41 125,513.25 1.22% A2 / A 1.23% 125,129.63 1.04 % 627.43 383.62 NR 1.61 1.59 747525AG8 Qualcomm Inc Note 1.4% Due 5/18/2018 125,000.00 06/16/2015 124,548.75 100.81 126,011.63 1.22 % Al / A+ 1.80 1.53 % 124,722.21 0.94 % 345.14 1,289.42 NR 1.77 118BFO Microsoft Note 1.3% Due 11/3/2018 190,000.00 11/16/2015 189,889.80 100.73 191,392.51 1.86 % Aaa /AAA 2.26 1.32 % 189,915.92 0.97 % 603.78 1,476.59 AA+ 2.21 11GAP7 Exxon Mobil Corp Note 175,000.00 05/19/2016 176,281.00 101.58 177,768.15 1.73 % Aaa / AA+ 2.58 m 1.708% Due 3/1/2019 1.44 % 176,193.57 1.09 % 1,228.81 1,574.58 NR 2.51 -I 133AQ3 Apple Inc Note 195,000.00 05/04/2016 200,003.70 102.74 200,348.66 1.95 % Aa1 / AA+ 2.76 2.1% Due 5/6/2019 D '64AN0 Chevron Corp Callable Note Cont 130,000.00 01/05/2016 130,341.90 102.69 133,498.82 1.30 % Aa2 / AA- 3.29 10/15/2019 2.12% 130,291.84 1.33 % 601.86 3,206.98 NR 3.08 11 i 2.193% Due 11/15/2019 1.22% 199,618.80 1.09 % 966.88 729.86 NR 2.67 00 I US Corporate 2,190,000.00 1.34 % 2,207,367.65 2,196,720.20 0.98 % 2,209,773.32 9,150.63 21.47 % Aa3 / AA- 1.52 13,053.12 AA- 1.47 US TREASURY 912828RF9 US Treasury Note 215,000.00 10/12/2012 219,283.92 100.07 215,141.90 2.09 % Aaa / AA+ 0.08 1% Due 8/31/2016 0.48 % 215,090.76 0.22 % 899.73 51.14 AAA 0.08 912828RM4 US Treasury Note 1% Due 10/31/2016 250,000.00 03/14/2014 252,627.79 100.18 250,444.25 2.43 % Aaa / AA+ 0.25 0.60 % 250,249.35 0.29 % 631.79 194.90 AAA 0.25 912828RU6 US Treasury Note 0.875% Due 11/30/2016 912828SC5 US Treasury Note 0.875% Due 1/31/2017 225,000.00 01/28/2016 225,484.15 100.17 225,389.70 2.18 % Aaa / AA+ 0. a 0.62 % 225,191.44 0.35 % 333.50 198.26 AAA 0. 0 210,000.00 02/26/2014 211,231.17 100.22 210,467.67 2.04 % Aaa / AA+ 0. m 0.67 % 210,210.76 0.43 % 4.99 256.91 AAA 0. Z 912828SY7 US Treasury Note 0.625% Due 5/31/2017 210,000.00 07/25/2013 207,318.28 100.04 210,082.11 2.04 % Aaa / AA+ 0. 0 0.96 % 209,421.66 0.58 % 222.34 660.45 AAA 0. a 912828UA6 US Treasury Note 0.625% Due 11/30/2017 912828UU2 US Treasury Note 0.75% Due 3/31/2018 230,000.00 12/09/2014 226,946.08 99.99 229,973.09 2.23 % Aaa / AA+ 1. - 1.08 % 228,633.33 0.63 % 243.51 1,339.76 AAA 1. mi 300,000.00 03/30/2016 299,696.32 100.14 300,433.50 2.91 % Aaa / AA+ 1. m 0.80 % 299,747.49 0.66 % 756.15 686.01 AAA 1. 3 Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 8/2/2016 12:28:17 AM v City of San Jacinto Account #10167 Holdings Report As of 7/31/16 CUSIP Purchase Date Cost Value Mkt Price Market Value % of Port. Moody/S&P Matu Security Description ar Value/Units Book Yield Book Value Mkt YTM Accrued Int. Gain/Loss Fitch Durati US TREASURY 912828VE7 US Treasury Note 1 % Due 5/31/2018 912828RH5 US Treasury Note 1.375% Due 9/30/2018 230,000.00 12/09/2014 227,952.33 100.59 231,356.54 2.24 % Aaa / AA+ 1. lln 1.26 % 228,921.26 0.68 % 389.62 2,435.28 AAA 1. 3 100,000.00 11/16/2015 100,680.02 101.47 101,468.80 0.99 % Aaa / AA+ 2. 1.13% 100,512.61 0.69 % 462.09 956.19 AAA 2. w 912828SD3 US Treasury Note 1.25% Due 1 /31 /2019 115,000.00 05/28/2015 115,247.46 101.33 116,527.32 1.13 % Aaa / AA+ 2. Pi 1.19% 115,168.23 0.71 % 3.91 1,359.09 AAA 2..J 912828ST8 US Treasury Note 1.25% Due 4/30/2019 150,000.00 03/20/2015 149,883.32 101.41 152,121.15 1.48 % Aaa / AA+ 2.75 1.27 % 149,922.01 0.73 % 473.85 2,199.14 AAA 2.69 912828UV0 US Treasury Note 195,000.00 11/17/2015 191,054.95 100.91 196,774.89 1.91 % Aaa / AA+ 3.67 1.125% Due 3/31/2020 1.61 % 191,690.61 0.87% 737.24 5,084.28 AAA 3.57 912828L32 US Treasury Note 200,000.00 11/03/2015 198,289.73 101.71 203,414.00 1.98 % Aaa / AA+ 4.09 1.375% Due 8/31/2020 1.56 % 198,552.77 0.95 % 1,150.82 4,861.23 AAA 3.95 DI US Treasury n 2,630,000.00 2,625,695.52 0.98 % 2,623,312.28 2,643,594.92 25.64 % Aaa / AA+ 1.57 0.58 % 6,309.54 20,282.64 Aaa 1.54 fll AL PORTFOLIO 0 m 03 03 10,225,089.40 1.14 % 10,256,415.51 10,230,665.67 10,304,464.53 100.00 % Aa1 / AA+ 1.81 0.77 % 29,174.25 73,798.86 Aaa 1.71 AL MARKET VALUE PLUS ACCRUED 10,333,638.78 Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 8/2/2016 12:28:17 AM CA% City of San Jacinto Account #10167 Transaction Ledger 6/30/16 Thru 7/31/16 Transaction Type Settleme Date USIP Quantity Security Description MI Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase Purchase Purchase Purchase Purchase Purchase Purchase Purchase Purchase hase C7 hase m hase hase D hase G) hase rn hase OD CO hase 07/01/2016 31846V203 718.75 07/01/2016 31846V203 0.11 07/12/2016 31846V203 787.50 07/15/2016 31846V203 210,000.00 07/15/2016 31846V203 6,295.45 07/15/2016 31846V203 5,376.55 07/15/2016 31846V203 88.67 07/16/2016 31846V203 1,312.50 07/18/2016 31846V203 5,163.01 07/19/2016 3137EADZ9 235,000.00 07/20/2016 31846V203 1,125.00 07/21/2016 31846V203 1,990.63 07/21/2016 31846V203 91.00 07/28/2016 31846V203 1,100.00 07/29/2016 31846V203 1,143.75 07/30/2016 31846V203 1,843.75 07/31/2016 31846V203 3,537.50 Subtotal 475,574.17 First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund FHLMC Note 1.125% Due 4/15/2019 First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund First American Govt Obligation Fund 1.000 718.75 0.00 718.75 1.000 0.11 0.00 0.11 1.000 787.50 0.00 787.50 1.000 210,000.00 0.00 210,000.00 1.000 6,295.45 0.00 6,295.45 1.000 5,376.55 0.00 5,376.55 1.000 88.67 0.00 88.67 1.000 1,312.50 0.00 1,312.50 1.000 5,163.01 0.00 5,163.01 100.558 0.92 % 236,311.30 866.57 237,177.87 1.000 1,125.00 0.00 1,125.00 1.000 1,990.63 0.00 1,990.63 1.000 91.00 0.00 91.00 1.000 1,100.00 0.00 1,100.00 1.000 1,143.75 0.00 1,143.75 1.000 1,843.75 0.00 1,843.75 1.000 3,537.50 0.00 3,537.50 476,885.47 866.57 477,752.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL ACQUISITIONS 475,574.17 476,885.47 866.57 477,752.04 0.00 DISPOSITIONS Sale 07/19/2016 31846V203 237,177.87 First American Govt Obligation Fund 1.000 237,177.87 0.00 237,177.87 0. � ^^ Subtotal 237,177.87 237,177.87 0.00 237,177.87 0. V/ m 07/15/2016 89231 MAC9 6,270.47 Toyota Auto Receivables Owner 2014-A 100.000 6,270.47 24.98 6,295.45 0. v 0.67% Due 12/15/2017 07/15/2016 89231TAB6 5,341.95 Toyota Auto Receivables Owner 2015-C 100.000 5,341.95 34.60 5,376.55 0. 0.92% Due 2/15/2018 Paydown Paydown Paydown Paydown 07/15/2016 89236WAC2 0.00 Toyota Auto Receivables Owner 2015-A 100.000 0.00 88.67 88.67 0. m 1.12% Due 2/15/2019 07/18/2016 43814GAC4 5,130.97 Honda Auto Receivables 2014-2 A3 100.000 5,130.97 32.04 5,163.01 0. cis: 0.77% Due 3/19/2018 Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: 8/2/2016 12:28:17 AM v CA% City of San Jacinto Account #10167 Transaction Ledger 6/30/16 Thru 7/31/16 Transaction Settleme Interest Type Date USIP Quantity Security Description Price Pur/Sold Total Amount Gain/Lo, DISPOSITIONS Paydown 07/21/2016 43813NAC0 Subtotal Maturity 07/15/2016 313384ZK8 Subtotal Security 07/07/2016 31846V203 Withdrawal 0.00 Honda Auto Receivables 2015-2 A3 1.04% Due 2/21/2019 16,743.39 210,000.00 FHLB Discount Note 0.34% Due 7/15/2016 210,000.00 859.00 First American Govt Obligation Fund Security 07/25/2016 31846V203 104.17 First American Govt Obligation Fund Withdrawal Subtotal 963.17 0 AL DISPOSITIONS 464,884.43 rn m Z 100.000 0.00 91.00 91.00 0. m 16,743.39 271.29 17,014.68 0.3 W 100.000 210,000.00 0.00 210,000.00 0. y 210,000.00 0.00 210,000.00 0.00 1.000 859.00 0.00 859.00 0.00 1.000 104.17 0.00 104.17 0.00 963.17 0.00 963.17 0.00 464,884.43 271.29 465,155.72 0.00 ER TRANSACTIONS est 07/01/2016 3133EFW52 250,000.00 FFCB Note 0.000 718.75 0 1.15% Due 7/1/2019 fl est 07/12/2016 3137EADN6 210,000.00 FHLMC Note 0.000 787.50 (p 0.75% Due 1/12/2018 .9,est 07/16/2016 94974BFG0 175,000.00 Wells Fargo Corp Note 0.000 1,312.50 1.5% Due 1/16/2018 Interest 07/20/2016 3135G0E33 200,000.00 FNMA Note 0.000 1,125.00 1.125% Due 7/20/2018 Interest 07/21/2016 3135G0A78 245,000.00 FNMA Note 0.000 1,990.63 1.625% Due 1/21/2020 Interest 07/28/2016 3137EADJ5 220,000.00 FHLMC Note 0.000 1,100.00 1% Due 7/28/2017 Interest 07/29/2016 3130A5Z77 125,000.00 FHLB Note 0.000 1,143.75 1.83% Due 7/29/2020 Interest 07/30/2016 3135G0GY3 295,000.00 FNMA Note 0.000 1,843.75 1.25% Due 1/30/2017 Interest 07/31/2016 084670BD9 200,000.00 Berkshire Hathaway Note 0.000 1,900.00 1.9% Due 1/31/2017 Interest 07/31/2016 912828SC5 210,000.00 US Treasury Note 0.000 918.75 0.875% Due 1/31/2017 0.00 718.75 0.00 0.00 787.50 0.00 0.00 1,312.50 0.00 0.00 1,125.00 0.00 0.00 1,990.63 0.00 0.00 1,100.00 0.00 0.00 1,143.75 0.00 0.00 1,843.75 0.00 0.00 1,900.00 0.00 0.00 918.75 0.00 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 8/2/2016 12:28:17 AM CA% City of San Jacinto Account #10167 Transaction Ledger 6/30/16 Thru 7/31/16 Transaction Settlem Acq/Disp Type Date USIP Quantity Security Description Price Yield OTHER TRANSACTIONS Amount Interest Pur/Sold Total Amount Gain/Loss Interest 07/31/2016 912828SD3 Subtotal Dividend 07/01/2016 31846V203 Subtotal 115,000.00 US Treasury Note 1.25% Due 1 /31 /2019 2,245,000.00 0.000 35,320.39 First American Govt Obligation Fund 0.000 35,320.39 718.75 13,559.38 0.00 718.75 0.00 0.00 0.11 0.00 0.11 0.00 13,559.38 0.00 0.11 0.00 0.11 0.00 TOTAL OTHER TRANSACTIONS 2,280,320.39 13,559.49 0.00 13,559.49 0.00 1.6 3Jbd 13>N0bd m z ZI m 3 Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 8/2/2016 12:28:17AM v Monthly Investment Report for Period Ended July 31, 2016 Z6 :30b'd 13NNJVd City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA 92583 ISAN JXCINTO PUBLIC in TRUSADVISOT Z ZI m W Public Trust Advisors LLC 777 S. Figueroa St. #805 Los Angeles, CA 90017 £6 :30b'd 1>N3Vd CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT JULY 31, 2016 PUBLIC IIi'i TRUST Table of Contents Report Pape # Portfolio Summaries & Distributions 1 Portfolio Holdings 3 Portfolio Transactions 4 Portfolio Interest Earnings 5 Portfolio Cash Ledger 7 Portfolio Performance 8 Portfolio Compliance 9 Clients should receive periodic statements from the bank, trust department, or qualified custodian that holds and maintains client's investment assets. Public Trust urges clients to carefully review such statements and compare such official custodial records to the account reports and statements Public Trust provides. Our statements may vary from custodial statements based on accounting procedures, reporting dates, or valuation methodologies of certain securities. Please contact Public Trust with any questions or concerns about differences or discrepancies between reports provided by Public Trust and statements provided by your account custodian. Lin W31I VON3OV CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT JULY31, 2016 PUBLIC m TRUST z PORTFOLIO SUMMARY INFORMATION Derage Yield on Cost n erage Yield on Market erage S&P Rating m H G) .. 0%-1% CO 1%-2% ▪ 2%-3% 3% - 4% 4% - 5% 5% - 6% 6% - 7% Total Par Value Market Value Accrued hterest Total Market Value Amortized Book Value Net Unrealized Gain/Loss Effective Maturity Effective Duration erage Coupon 10,136,507 10,270,053.33 38,863.96 10,308,917.29 10,228,770.57 41,282.76 1.84 1.80 1.520% 0.928% 0.709% AA+ COUPON DISTRIBUTION Coupon % MV w/o Acc Average Coupon 7,000 6,000 5,000 0 N 4,000 1,844,563.18 6,561,432.14 1,356,450.34 243,409.92 264,197.75 0.723% 1.363% 2.398% 3.150% 5.250% 3,000 — 2,000 — 1,000 0 r r r L T • MV w/o Acc ._ m ry SECTOR & CREDIT QUALITY DISTRIBUTION Sector (U.S.) MV w/o Acc Cash & Equivalents U.S. Treasuries Corporates Municipals 106,507.21 8,656,266.94 1,124,873.78 382,405.40 S&P Quality MV w/o Acc AAA AA A Below A 106,507.21 9,781,140.72 382,405.40 0.00 3.7% 1.0% 84.3% • Cash & Equivalents • U.S. Treasuries • Corporates • Municipals 1.0% 3.7% 0.0% 95.2% • AAA ■ A • AA • Bel ow A 1 CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT JULY31, 2016 PUBLIC ij'j' TRUST MATURITY DISTRIBUTION 96 :3Jbd 1NOVd Maturity (Yrs) MV w/o Acc 0.00 - 0.49 0.50 - 0.99 1.00 - 1.49 1.50 - 1.99 2.00 - 2.49 2.50 - 2.99 3.00 - 3.49 3.50 - 3.99 4.00 - 4.49 4.50 - 4.99 5.00+ 548,040.77 243,409.92 1,774,156.46 2,978,374.03 3,012,232.77 1,713,839.38 0.00 0.00 0.00 0.00 0.00 0 0 3,500 - 3,000 2,500 ----- 2,000 1,500 1,000 500 0 r r L 1 r- 0 0 ri -1- -4- 0 0 lV r , r ■ MV w/o Acc rei 0 rri 0 0 r r 1 J L J 0 vi DURATION & YIELD DISTRIBUTION Ett Dur %Held (MV) YTW Eft Dur 0.00 - 0.49 0.50 - 0.99 1.00 - 1.49 1.50 - 1.99 2.00 - 2.49 2.50 - 2.99 3.00 - 3.49 3.50 - 3.99 4.00 - 4.49 4.50 - 4.99 5.00+ 5.336% 2.370% 23.871% 26.128% 25.607% 16.688% 0.702% 0.25 0.841% 0.61 0.690% 1.28 0.704% 1.71 0.702% 2.24 0.740% 2.69 Market Value Percentage (%) 30.00% 25.00% 20.00% - 15.00% - 10.00% - 5.00% - 0.00% - r 0.90% I•% of Market Value (Left Axis) f 0.80% -0-Portfolio Yield (Right Axis) hI 0.703 X) f 0.603 0 r 0.509 m h 0.409 Z LI 0.303 0 h 0.203O. 0.10°r 0.00°/ m v m v 0 v 0 - -I NN N pM M SLII o LII o LII r-I r-I N N ni ni v 0 g V V V1 g /-• V V Effective Duration Bucket 2 CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT JULY31, 2016 PUBLIC m TRUST z ORS PORTFOLIO HOLDINGS CUSIP Issuer Name Purchase Original Yield Amortized Market Market Value Accrued Market Value Yield Coupon Maturity Par Value Date Cost Value an Cost Book Value Price w/o Accrued Interest w/Accrued on Market Gain/ Moody's S&P Bfactive BfeMive % Loss Ratin • Ratin • Maturil Deratbn Cash & Equivalents FGVXX First American Government Oblgations - Classy 0.010% 08/01/16 106,507 Total Cash 8 Equivalents 106,507 106,507.21 0.010% 106,507.21 100.000 106,507.21 106,507.21 0.010% 106,50721 0.52 106,507.73 0.010% 0.00 Aaa AAA 106,50721 052 106,507.73 0.010% 0.00 Aaa AAA 0.00 0.00 1.04% 0.0 0.0 1.04% U.S. Treasur Bonds 912828NW6 US Treasury Nbtes/Bonds 912828TS9 US Treasury Notes/Bonds 912828PF1 US Treasury Nbtes/Bonds -CIIFKO US Treasury 1•btes/Bonds DV IUI] US Treasury Nbtes/Bonds IPYO US Treasury Nbtes/Bonds nIPYO US Treasury Nbtes/Bonds T ILR9 US Treasury Nbtes/Bonds /T\ IW2 US Treasury Nbtes/Bonds 1 1 1 IXA3 US Treasury Nbtes/Bonds -I IVK3 US Treasury Notes/Bonds T1 IK82 US Treasury Notes/Bonds V IL40 US Treasury Nbtes/Bonds DIWDB US Treasury Notes/Bonds en !WEB US Treasury Nbtes/Bonds 1- f IA34 US Treasury Nbtes/Bonds 1 r 1 IA75 US Treasury Nbtes/Bonds IA75 US Treasury Nbtes/Bonds ({) I1463 US Treasury Notes/Bonds IC65 US Treasury Notes/Bonds o44ST8 US Treasury Notes/Bonds 912828WL0 US Treasury Notes/Bonds Total GB. Treasury Bonds 1.875% 08/31/17 500,000 05/05/16 508,105.47 0.630% 506,688.91 101.348 506,738.50 3,923.23 510,661.73 0.626% 49.59 Aaa AA+ 0.625% 09/30/17 275,000 10/02/14 271,626.95 1.044% 273,672.34 99.996 274,989.27 577.61 275,566.88 0.628% 1,316.93 Aaa AA+ 1.875% 10/31/17 340,000 09/02/15 342,756.25 0.805% 344,504.82 101.539 345,232.94 1,611.07 346,844.01 0.637% 728.12 Aaa AA+ 2.250% 11/30/17 375,000 12/10/14 388,432.62 1.021% 381,072.71 102.133 382998.00 1,429.30 384,427.30 0.641% 1,925.29 Aaa AA+ 0.875% 01/31/18 500,000 03/03/15 497,343.75 1.061% 499,620.43 100.336 501,679.50 11.89 501,691.39 0.650% 3,059.07 Aaa AA+ 2.750% 0228/18 340,000 09/02/15 355,353.13 0.911% 349,779.61 103.285 351,169.613 3,912.77 355,082.45 0.662% 1,390.07 Aaa AA+ 2.750% 0228/18 175,000 11/05/15 182,129.88 0.960% 179,894.45 103.285 180,749.10 2,013.93 182,763.03 0.662% 854.65 Aaa AA+ 0.750% 0228/18 460,000 05/05/16 460,197.66 0.726% 460,172.65 100.144 460,664.70 1,443.75 462,108.45 0.658% 492.05 Aaa AA+ 0.750% 03/31/18 500,000 0528/15 497,675.78 0.916% 493,632.22 100.144 500,722.50 1,260.25 501,982.75 0.663% 2,090.28 Aaa AA+ 1.000% 05/15/18 400,000 09/02/15 400,375.00 0.965% 400,249.56 100.586 402343.60 847.83 403,191.43 0.670% 2,094.04 Aaa AA+ 1.375% 0630/18 400,000 09/02/15 404,218.75 0.995% 402,871.80 101.328 405,312.40 478.26 405,790.66 0.676% 2,440.60 Aaa AA+ 1.000% 08/15/18 400,000 12/09/15 398,500.00 1.142% 393,854.74 100.637 402546.80 1,846.15 404,392.95 0.685% 3,692.06 Aaa AA+ 1.000% 09/15/18 350,000 10/01/15 350,957.03 0.906% 350,691.87 100.664 352324.35 1,322.01 353,646.36 0.685% 1,632.48 Aaa AA+ 1.250% 10/31/18 250,000 11/05/15 250,585.94 1.170% 250,444.43 101.219 253,047.00 789.74 253,836.74 0.703% 2,602.57 Aaa AA+ 1.250% 10/31/18 250,000 12/09/15 250,468.75 1.184% 250,366.16 101.219 253,047.00 789.74 253,836.74 0.703% 2,680.84 Aaa AA+ 1.250% 11/30/18 375,000 02/04/16 379,057.62 0.859% 378,372.43 101.262 379,731.37 794.06 380,525.43 0.704% 1,3513.94 Aaa AA+ 1.500% 12/31/18 250,000 01/06/16 251,562.50 1.285% 251,271.22 101.899 254,746.00 326.09 255,072.09 0.706% 3,474.78 Aaa AA+ 1.500% 12/31/18 250,000 03/03/16 253,710.94 0.964% 253,186.95 101.899 254,746.00 326.09 255,072.09 0.706% 1,559.05 Aaa AA+ 1.125% 01/15/19 475,000 03/03/16 477,003.91 0.975% 476,725.11 100.977 479,638.85 246.86 479,885.71 0.723% 2,913.74 Aaa AA+ 1.625% 03/31/19 625,000 07/01/16 640,844.73 0.688% 640,435.70 102.340 639,623.75 3,413.17 643,036.92 0.737% -811.95 Aaa AA+ 1.250% 04/30/19 430,000 05/05/16 434,652.73 0.881% 434,297.18 101.414 436080.63 1,358.36 437,438.99 0.730% 1,783.45 Aaa AA+ 1.500% 0531/19 625,000 07/01/16 639,306.64 0.702% 638,958.86 102.102 638,135.00 1,538.11 639,723.11 0.749% -823.86 Aaa AA+ 8,545,000 8,639,866.03 0.912% 8,619,764.15 8,656,266.94 30,310.27 8,686,577.21 0.685% 36,502.79 Aaa AA+ 1.08 1.07 4.93% 1.17 1.16 2.68% 1.25 1.23 3.36% 1.33 1.31 3.73% 1.50 1.49 4.88% 1.58 1.54 3.42% 1.58 1.54 1.76% 1.58 1.57 4.49% 1.66 1.65 4.88% 1.79 1.77 3.92% 1.91 1.89 3.95% 2.04 2.01 3.92% 2.12 2.09 3.43% 2.25 2.21 2.46% 2.25 2.21 2.46% 2.33 2.29 3.70% 2.42 2.37 2.48% 2.42 2.37 2.48% 2.46 2.42 4.67% 2.66 2.60 6.23% 2.75 2.69 4.25% 2.83 2.77 6.21% 1.98 1.95 8429 % Corporate Bonds 084670BB3 89233P5S1 17275RAK8 369604BC6 459200E127 Total Corporate Bonds Berkshire Hathaway he Toyota Ivbtor Credit Corp Cisco Systems he General Bectric Co BMCorp 2.200% 08/15/16 150,000 12/18/14 153,478.50 0.778% 150,081.54 100.053 2.050% 01/12/17 290,000 0623/15 295,437.50 0.826% 291,582.73 100.501 3.150% 03/14/17 240,000 06/24/15 24922320 0878% 243,341.65 101.421 5.250% 12/06/17 250,000 0126/16 267,862.50 1.332% 263,025.07 105.679 1.125% 02/06/18 175,000 0126/16 174,293.00 1.328% 174,468.22 100.419 1,105,000 1,140,294.70 1.027% 1,122,49921 150,079.50 1,521.67 151,601.17 0.773% -2.04 Aa2 AA 291,454.06 313.76 291,767.82 0.918% -128.67 Aa3 AA- 243,409.92 2,877.00 246286.92 0.841% 68.27 Al AA- 264,197.75 2,005.21 266,202.96 0.993% 1,172.613 Al AA+ 175,732.55 957.03 176,689.58 0.845% 1264.33 Aa3 AA- 1,124,873.78 7,67457 1,132,548.45 0.868% 2,374.57 Aa3 AA 0.04 0.04 1.46% 0.45 0.45 2.84% 0.62 0.61 2.37% 1.35 1.31 2.57% 1.52 1.49 1.71% 0.81 0.79 10.95% Municipal Bonds 769059XO4 Rrversitla t jRied School District 1.261% 08/01/18 380,000 04/27/16 380,000.00 1.261% 380,000.00 100.633 382,405.40 878.50 383,283.90 0.939% 2,405.40 Aa2 A+ 2.00 1.97 3.72% Total Municipal Bonds 380,000 380,000.00 1.261% 380.000.00 332.405.40 878.50 383.283.90 0.939% 2.405.40 Aa2 A+ 2.0 1.97 3.72% Portfolio Totals 1.520% 10,136,507 10,266,667.94 0.928% 10,228,77057 101.317 10,270,053.33 38,863.96 10,308,917.29 0.709% 41,282.76 Aaa AA+ 1.84 1.80 3 CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT JULY 31, 2016 PUBLIC TRUST PORTFOLIO TRANSACTIONS Trade Settle Date Date Quantity Security Unit Amortized Unit Sale/Purchased Total Cost/ Net Coupon Maturity Par Value Cost Book Value Price Principal Accrued Interest Proceeds Gain/Loss Purchases 07/01/16 07/06/16 625,000 US Treasury Notes/Bonds 07/01/16 07/06/16 625,000 US Treasury Notes/Bonds 0 m H -0 1/16 07/06/16 415,000 US Treasury Notes/Bonds D 1/16 07/06/16 500,000 US Treasury Notes/Bonds m1/16 07/06/16 375,000 US Treasury Notes/Bonds 1.625% 03/31/19 625,000 102.54 1.500% 05/31/19 625,000 102.29 640,844.73 639,306.64 2,691.68 643,536.41 922.13 640,228.77 I Purchases 1,250,000 1,280,151.37 3,613.81 1,283,765.18 s CO 0.625% 05/31/17 415,000 99.95 414,776.19 100.11 415,470.12 0.500% 07/31/17 500,000 99.87 499,355.24 99.98 499,921.88 0.875% 07/15/17 375,000 100.01 375,040.70 100.37 376,406.25 255.12 415,725.24 693.93 1,078.30 501,000.18 566.64 1,559.50 377,965.75 1,365.55 I Sales 1,290,000 1,289,172.13 1,291,798.25 2,892.92 1,294,691.17 2,626.12 a m z a ZI m w PA 4 CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT JULY31, 2016 PUBLIC m TRUST z ORS PORTFOLIO INTEREST EARNINGS Security Symbol Description Beginning Adjusted End Accrued Purchased Sold Interest Earned Amortization/ Interest Accrued Coupon Maturity Interest Interest Interest Received Interest Accretion Earned Interest ZI m W U.S. Treasury Bonds 912828SY7 US Treasury Notes/Bonds 828WT3 US Treasury Notes/Bonds > 828TG5 US Treasury Notes/Bonds n 828NW6 US Treasury Notes/Bonds m828TS9 US Treasury Notes/Bonds -I 828PF1 US Treasury Notes/Bonds 828PK0 US Treasury Notes/Bonds 0 828W7 US Treasury Notes/Bonds m 828PY0 US Treasury Notes/Bonds 828UR9 US Treasury Notes/Bonds CD CO 828UU2 US Treasury Notes/Bonds 912828XA3 US Treasury Notes/Bonds 912828VK3 US Treasury Notes/Bonds 912828K82 US Treasury Notes/Bonds 912828L40 US Treasury Notes/Bonds 912828WD8 US Treasury Notes/Bonds 912828A34 US Treasury Notes/Bonds 912828A75 US Treasury Notes/Bonds 912828N63 US Treasury Notes/Bonds 912828C65 US Treasury Notes/Bonds 912828ST8 US Treasury Notes/Bonds 912828WL0 US Treasury Notes/Bonds 0.625% 05/31/17 219.69 0.00-255.12 0.00 35.43 4.08 39.51 0.00 0.875% 07/15/17 1,514.42 0.00-1,559.50 0.00 45.08 -0.65 44.43 0.00 0.500% 07/31/17 1,043.96 0.00-1,078.30 0.00 34.34 9.91 44.26 0.00 1.875% 08/31/17 3,133.49 0.00 0.00 0.00 789.74 -523.02 266.72 3,923.23 0.625% 09/30/17 432.04 0.00 0.00 0.00 145.58 96.21 241.79 577.61 1.875% 10/31/17 1,074.05 0.00 0.00 0.00 537.02 -304.61 232.42 1,611.07 2.250% 11/30/17 714.65 0.00 0.00 0.00 714.65 -384.56 330.09 1,429.30 0.875% 01 /31 /18 1,826.92 0.00 0.00 -2,187.50 372.47 77.39 449.85 11.89 2.750% 02/28/18 4,733.66 0.00 0.00 0.00 1,193.04 -783.69 409.34 5,926.70 0.750% 02/28/18 1,153.12 0.00 0.00 0.00 290.62 -9.24 281.39 1,443.75 0.750% 03/31/18 942.62 0.00 0.00 0.00 317.62 69.30 386.92 1,260.25 1.000% 05/15/18 510.87 0.00 0.00 0.00 336.96 -11.76 325.20 847.83 1.375% 06/30/18 14.95 0.00 0.00 0.00 463.32 -126.28 337.03 478.26 1.000% 08/15/18 1,505.49 0.00 0.00 0.00 340.66 47.14 387.80 1,846.15 1.000% 09/15/18 1,027.17 0.00 0.00 0.00 294.84 -27.40 267.44 1,322.01 1.250% 10/31/18 1,052.99 0.00 0.00 0.00 526.49 -30.19 496.30 1,579.48 1.250% 11/30/18 397.03 0.00 0.00 0.00 397.03 -121.58 275.45 794.06 1.500% 12/31/18 20.38 0.00 0.00 0.00 631.79 -154.64 477.16 652.17 1.125% 01/15/19 2,466.35 0.00 0.00 -2,671.88 452.39 -58.89 393.51 246.86 1.625% 03/31/19 0.00 2,691.68 0.00 0.00 721.49 -409.03 312.46 3,413.17 1.250% 04/30/19 905.57 0.00 0.00 0.00 452.79 -131.30 321.49 1,358.36 1.500% 05/31/19 0.00 922.13 0.00 0.00 665.98 -347.78 318.21 1,588.11 Total U.S. Treasury Bonds 24,689.42 3,613.81 -2,892.92 -4,859.38 9,759.33 -3,120.59 6,638.77 30,310.26 5 CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT JULY 31, 2016 PUBLIC ii'j' TRUST PORTFOLIO INTEREST EARNINGS (CONTINUED) Security Symbol Description Beginning Adjusted Ending Accrued Purchased Sold Interest Earned Amortization/ Interest Accrued Coupon Maturity Interest Interest Interest Received Interest Accretion Earned Interest Corporate Bonds 084670BB3 Berkshire Hathaw ay Inc 33P5S1 Toyota Motor Credit Corp TJ D 75RAK8 Cisco Systems Inc n 604BC6 General Electric Co m200HZ7 IBM Corp al Corporate Bonds TJ 0 m ' ' 059XQ4 Riverside Unified School District CO CO -al Municipal Fixed Rate Securities 2.200% 08/15/16 1,246.67 0.00 0.00 0.00 275.00 -180.46 94.54 1,521.67 2.050% 01/12/17 2,790.85 0.00 0.00 -2,972.50 495.42 -298.51 196.90 313.76 3.150% 03/14/17 2,247.00 0.00 0.00 0.00 630.00 -458.99 171.01 2,877.00 5.250% 12/06/17 911.46 0.00 0.00 0.00 1,093.75 -812.88 280.87 2,005.21 1.125% 02/06/18 792.97 0.00 0.00 0.00 164.06 29.44 193.50 957.03 7,988.95 0.00 0.00 -2,972.50 2,658.23 -1,721.40 936.82 7,674.67 icipal Fixed Rate Securities 1.261% 08/01/18 479.18 479.18 0.00 0.00 0.00 0.00 0.00 399.32 0.00 399.32 0.00 399.32 878.50 0.00 399.32 878.50 Cash & Equivalents FGVXX First American Government Obligations - Class Y 0.010% 08/01/16 0.41 0.00 0.00 -0.41 0.52 0.00 0.52 0.52 Total Cash & Equivalents 0.41 0.00 0.00 -0.41 0.52 0.00 0.52 0.52 m v ZI m w y Portfolio Totals CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT JULY 31, 2016 PUBLIC m IIIII TRUST Sz PORTFOLIO CASH LEDGER Trade Date Settle Date Activity Description ZI m Am ount Cash 0 m H TJ I fI 07/01/16 07/01/16 O 07/01/16 07/01/16 07/01/16 07/01/16 07/01/16 07/01/16 07/01/16 07/01/16 07/05/16 07/12/16 07/15/16 07/25/16 07/01/16 07/01/16 07/05/16 Beginning Balance Addition Withdraw al to Portfolio f rom Portfolio 0.00 0.41 -0.41 07/31/16 Ending Balance 0.00 t American Government Obligations - Class Y 07/01/16 07/06/16 07/06/16 07/06/16 07/06/16 07/06/16 07/06/16 07/06/16 07/06/16 07/06/16 07/06/16 07/05/16 07/12/16 07/15/16 Beginning Balance Sale Sale Sale Purchase Purchase Accrued Interest Accrued Interest Accrued Interest Accrued Interest Accrued Interest Transfer from Interest Interest Withdraw al US Treasury Notes/Bonds US Treasury Notes/Bonds US Treasury Notes/Bonds US Treasury Notes/Bonds US Treasury Notes/Bonds US Treasury Notes/Bonds US Treasury Notes/Bonds US Treasury Notes/Bonds US Treasury Notes/Bonds US Treasury Notes/Bonds MMF Dividend Toyota Motor Credit Corp US Treasury Notes/Bonds f rom Portfolio 90,040.60 415, 470.12 499, 921.88 376, 406.25 -639,306.64 -640,844.73 255.12 1,078.30 1,559.50 -922.13 -2,691.68 0.41 2,972.50 2,671.88 -104.17 07/31/16 Ending Balance 106,507.21 7 CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT JULY31, 2016 PUBLIC 11111 TRUST PORTFOLIO PERFORMANCE Total Return as of 07/31/2016 Current Month Prior 3 Months Prior 12 Months Year to Date 3-Years Average Annualized Returns 5-Years 11/30/12 City of San Jacinto -0.04 0.38 1.16 1.32 0.99 0.86 D (7 A Merrill 1-3 Year Treasury -0.06 0.43 1.20 1.38 0.91 0.75 0.80 T m T1 D 0 m CD PA m z PA Zi m w PA 7-4 CITY OF SAN JACINTO MONTHLY PORTFOLIO REPORT JULY31, 2016 _ RU PUBLIC m IIIII TRUST z PORTFOLIO COMPLIANCE Section Description Compliance Requirement PTA Comment IX. 1 Municipal Bonds Rated in 4 highest general classifications by nationally recognized rating service; 5% issuer limitation Compliant IX. 2 U.S. Treasury No limitations Compliant IX. 3 Federal Agency No limitations Compliant IX. 4 ij D 0 11l D 0 m a IV IX. 10 Bankers Acceptances Rated Al or better and have long term debt rated A or better by 2 NRSRO's; Maturity 5 to 180 days, 40P4 total portfolio limit, 5% issuer limit Compliant Federally Insured Time Deposits Limited to amounts covered under federal insurance; 5-year maturity limit Compliant Time Deposits Fully collateralized per CA law, 20% limit when combined with IX. 5; Issuer must have long-term debt rated A or higher or short-term debt rated Al or higher by 2 NRSRO's, 5-year maturity limit Compliant CDARS 30% limit in combination of CD's(including CDARS); 5-year maturity limit Compliant Negotiable CD's Issuer must have long-term debt rated A or higher and/or short-term debt rated Al or higher by 2 NRSRO's; Maturity 5 to 5 years, 30% total portfolio limit, 5% issuer limit Compliant Repurchase Agreements Collateralized at 102% in accordance with policy; 1-year maturity limit, no % portfolio limit, collateral held by custodian bank; Subject to master repurchase agreement substantially in SIFMA's form Compliant Commercial Paper Issuer is organized and operating in the U.S. with assets of at least $500 million; Issuer short-term ratings of Al or higher and long-term ratings of A or higher by 2 NRSRO's; Maturity 5270 days; 25% total portfolio limit; 5% issuer limit Compliant IX. 11 LAIF 70% total portfolio limit, up to the maximum permitted balance Compliant IX. 12 Local Government Investment Pools Riverside County Investment Fund limited to 70% of the portfolio; IPA Pools limited to 5035 of the portfolio Compliant Zi m Section IX. 13 Description Corporate Bonds Compliance Requirement Corporations organized and operating in the U.S. or depository institutions licensed by the U.S. or any state and operating in the U.S.; Rated in the A category or better by 2 NRSRO's, 5-year maturity limit; 30%total portfolio limit, 5% issuer limit 1 PTA Comment Compliant IX. 14 Pass -Through Securities Issuer debt rated at least A by 2 NRSRO; Must be rated in the AA category by 2 NRSRO's; 20% total portfolio limit, 5-year maturity limit Compliant IX. 15 Money Market Funds Registered with SEC under 1940 Act, have highest ranking by 2 NRSRO's; Retained advisor registered (or exempt from registration) with 5 years experience investing in securities authorized by CA 53601 and at least $500 million of assets; 20% total portfolio limit, 10%per fund limit Compliant IX. 16 Mutual Funds Authorized by CA Government Code Section 53601 Compliant X.A.1 Futures and Options Prohibited Compliant X A 2 Inverse Floaters, Range Notes, and 10 Strips Prohibited Compliant X.A.3 Potential Zero Accruals Prohibited Compliant X.A.5 Purchases on Margin Prohibited Compliant X.A.6 Reverse Repos&Leverage Prohibited Compliant X.A.7 Foreign $ Securities Prohibited Compliant X.B.2 Single Issuer Limitation 5% issuer limitation, except U.S. Government and its agencies&enterprises Compliant X.C.2 Callable Securities 20P4 of total portfolio (excluding Make Whole Call securities) Compliant X.C.3 Maximum Maturity Individual security maturities limited to 5 years or less Compliant X.C.4 Portfolio Duration LimitationCompliant Average portfolio duration will be managed to be approximatly equal to the Market Benchmark selected by the City (typically +/- 20 of benchmark duration) 9 AGENDA ITEM 3A.8 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Mary Lanier, Planning Consultant SUBJECT: Second Reading of Ordinance No. 16-05, Adopting Development Agreement No. 15-5 between the City of San Jacinto and the John and Dora Boruchin Living Trust RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No.16-05 approving Development Agreement No. 15-5 between the City of San Jacinto and the John and Dora Boruchin Living Trust and by further motion read by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND JOHN AND DORA BORUCHIN LIVING TRUST BACKGROUND: On August 2, 2016, the City Council conducted the first reading of Ordinance No. 16-05 approving Development Agreement 15-5. PROJECT DESCRIPTION: The John and Dora Boruchin Living Trust (Owners) are the owners of the Tentative Tract Map (TTM) Tract 31282. The property is located south of De Anza Drive between Sanderson Avenue and Lyon Avenue and is Zoned Residential Low (RL), with a General Plan designation of Low Density Residential (LDR). Approved on March 11, 2004, Tentative Tract Map 31282 proposes to subdivide 96.16 gross acres into 287 residential lots with minimum lot sizes of 7,200 square feet, a 6.78 acre park/retention lot, and 6 open space/greenbelt lots of various sizes. The project site is currently vacant with agricultural uses located to the southwest, the San Jacinto Reservoir to the south, and single family residential tracts proposed to the north (TM 31037, partially built) and southeast (TTM 31900). A neighborhood park, which will also serve as a park detention basin, is located at the western edge of the tract to provide recreational amenities to the residents. The recreational amenities proposed include a picnic shelter, tot -lot and open space. PACKET PAGE: 103 AGENDA ITEM 3A.8 ENVIRONMENTAL ANALYSIS: The project has been adequately analyzed in earlier adopted Mitigated Negative Declarations for the Tentative Map. And a subsequent Mitigated Negative Declaration is not required, because there are no changed circumstances pursuant to Section 15162. ATTACHMENTS: Ordinance No. 16-05 Development Agreement No. 15-5 City Council Staff Report August 2, 2016 PACKET PAGE: 104 AGENDA ITEM 3A.8 Recorded at request of: ) Clerk, City Council ) City of San Jacinto ) ) When recorded return to: ) City of San Jacinto ) 595 S. San Jacinto Ave. ) San Jacinto, CA 92583 ) Attention: City Clerk ) ) Exempt from Filing Fees, Government Code Section 6103 DEVELOPMENT AGREEMENT NO. 15-5 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JACINTO and JOHN AND DORA BORUCHIN LIVING TRUST 24438.80040\24736084.5 PACKET PAGE: 105 AGENDA ITEM 3A.8 DEVELOPMENT AGREEMENT NO. 15-5 This Development Agreement (hereinafter "Agreement") is entered into by and among the City of San Jacinto, a California municipal corporation (hereinafter "CITY"), and the John and Dora Boruchin Living Trust (hereinafter "OWNER"): RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et sec . of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, the environmental impacts of the Project and this Agreement, including the Development Approvals, have previously been properly reviewed and assessed by CITY pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), California Code of Regulations Title 14, Section 15000 et seq. (the "CEQA Guidelines") and the CITY's local CEQA guidelines; and WHEREAS, on July 18, 2016, the City of San Jacinto Planning Commission conducted a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding this Agreement, and at which time the Planning Commission thoroughly reviewed this Agreement, and thereafter recommended to the City Council of the City of San Jacinto that the City Council approve and adopt this Agreement; and WHEREAS, on August 2, 2016, the San Jacinto City Council conducted a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding this Agreement, and at which time the City Council thoroughly reviewed this Agreement; and WHEREAS, on August 2, 2016, pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto (the "Planning Commission"), the City Council has determined that it can be seen with certainty that the approval of this Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines; and 24438.80040\24736084. 5 2 PACKET PAGE: 106 AGENDA ITEM 3A.8 WHEREAS, on August 2, 2016, following the conclusion of the public hearing and adoption of the Notice of Determination, the City Council conducted the first reading of the ordinance approving and adopting this Agreement, and WHEREAS on September 6, 2016, the City Council conducted a second reading (adoption) of the ordinance approving and adopting this Agreement; and WHEREAS, this Agreement and the Project are consistent with the CITY's Comprehensive General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 follows: Definitions. The following terms when used in this Agreement shall be defined as 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "CITY" means the City of San Jacinto, a municipal corporation, organized and existing pursuant to the laws of the State of California. 1.1.3 "City Council" means the duly elected and constituted city council of CITY. 3 24438.80040\24736084.5 PACKET PAGE: 107 AGENDA ITEM 3A.8 1.1.4 "Dedication Requirement" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.5 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.6 "Development Agreement Policies" means those certain development agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18, 2002, as amended. 1.1.7 "Development Approvals" means all permits and other entitlements for use, subject to approval or issuance by CITY in connection with the Development, including, but not limited to: (a) specific plans and specific plan amendments; (b) tentative and final subdivision and parcel maps; (c) conditional use permits, public use permits and plot plans; (d) zoning; and (e) grading and building permits. 1.1.8 "Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.9 "Development Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.10 "Effective Date" means the date the ordinance approving this Agreement becomes effective. 1.1.11 "Existing Development Approvals" means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Approvals which are a matter of public record on the Effective Date, including without limitation those that expired on March 6, 4 24438.80040\24736084.5 PACKET PAGE: 108 AGENDA ITEM 3A.8 2016, which are hereby extended as of the Effective Date pursuant to the terms and conditions of this Agreement. 1.1.12 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit "D" and all other Regulations which are a matter of public record on the Effective Date. 1.1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; and/or (e) the exercise of the power of eminent domain. 1.1.14 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.15 "OWNER" means the persons and entities listed as OWNER on page 1 of this Agreement and its successor(s) in interest to all or any part of the Property. 1.1.16 "Planning Commission" means the duly appointed and constituted planning commission of CITY. 1.1.17 "Project" means the development of the Property contemplated by the Development Plan as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.18 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement. 1.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement. 5 24438.80040\24736084.5 PACKET PAGE: 109 AGENDA ITEM 3A.8 1.1.20 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with the Development. 1.1.21 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.1.22 "TTM 31282" means Tentative Tract Map 31282, which is one of the Existing Development Approvals and is described in Exhibit "C". 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" — Legal Description of the Property. Exhibit "B" — Map showing Property and its location. Exhibit "C" — Existing Development Approvals. Exhibit "D" — Existing Land Use Regulations. 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership of Property. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof. 2.3 Term. The initial term of this Agreement shall commence on the Effective Date, and shall continue for a period of five (5) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this Agreement may be extended one (1) time for an additional two (2) years following expiration of the initial term, resulting in a total term of seven (7) years, provided the following have occurred: (a) OWNER provides at least one hundred eighty (180) days' written notice to CITY prior to the expiration of the initial term; and (b) OWNER is not then in uncured default of this Agreement. The initial term and, if and upon extension, the two-year extended term, shall sometimes be referred to herein collectively as the "Term." 2.4 Assignment. 2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm or corporation at any time during the Term; provided, however, that any such sale, 6 24438.80040\24736084.5 PACKET PAGE: 110 AGENDA ITEM 3A.8 transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. OWNER shall have the right to reserve from any assignment made pursuant to this Subsection 2.4.1 any or all right, title and interest in and to a credit or reimbursement provided for in this Agreement; provided however, that the existence and extent of any such reservation shall be expressly referred to in the written agreement required by Section 2.4.1(b), above. 2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring OWNER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring OWNER of the following conditions: part of the Property. (a) OWNER no longer has a legal or equitable interest in all or any (b) OWNER is not then in default under this Agreement. (c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. 2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall 7 24438.80040\24736084.5 PACKET PAGE: 111 AGENDA ITEM 3A.8 automatically terminate with respect to any such lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) A certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4.2 of this Agreement have been paid. 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868 and Article 5 of the Development Agreement Policies. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement, including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement based on any default of OWNER and following the termination proceedings required by Articles 7 and 8 of the Development Agreement Policies. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY. 8 24438.80040\24736084.5 PACKET PAGE: 112 AGENDA ITEM 3A.8 2.7 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA 92583 Attn: City Manager Telephone: (951) 487-7342 Facsimile: (951) 654-3728 Copy to: Best, Best & Krieger, LLP 300 South Grand Ave. 25th Floor Los Angeles, CA 90071 Attn: City Attorney Telephone: (213) 617-8100 Facsimile: (213) 617-7480 If to OWNER: John and Dora Boruchin Living Trust c/o McDonald Property Group Attn: Karen Hickey 450 Newport Center Drive, Suite 625 Newport Beach, CA 92660 Telephone: (949) 655-8229 Facsimile: (949) 999-2839 Copy to: Law Offices of Kevin F. Gillespie, APC 222 E. Olive Avenue, Suite 1 Redlands, CA 92373 Attn: Kevin F. Gillespie, Esq. Telephone: (909) 792-2039 Facsimile: (909) 792-2359 9 24438.80040\24736084.5 PACKET PAGE: 113 AGENDA ITEM 3A.8 (c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Rights to Develop. Subject to the terms of this Agreement, including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. 3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in Section 3.4. 3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is 10 24438.80040\24736084.5 PACKET PAGE: 114 AGENDA ITEM 3A.8 necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY' s reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code. 3.6 Reservations of Authority. 3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the CITY' s Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Dedication Requirements or Development Exactions; provided, however, that no such subsequently adopted Dedication Requirements or Development Exactions shall be applicable to development of the Property unless such Dedication Requirements or Development Exactions are applied uniformly to development throughout the CITY or within a defined area of benefit that includes the Property. No such subsequently adopted Dedication Requirement or Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event 11 24438.80040\24736084.5 PACKET PAGE: 115 AGENDA ITEM 3A.8 any such subsequently adopted Dedication Requirement or Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such subsequently adopted Dedication Requirement or Development Exaction for the fees paid under Section 4.2 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations which are in conflict with the Development Plan provided OWNER has given written consent to the application of such regulations to development of the Property. 3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. 3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract. 3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements and standards as would be applicable to CITY or such other public agency should it have undertaken such construction. 12 24438.80040\24736084.5 PACKET PAGE: 116 AGENDA ITEM 3A.8 3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide, or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER'S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the Development under the Subdivision Map Act or other legal authority. 3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the Development separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. 3.10 Tentative Tract Map Extension. The term of TTM 31282 and any tentative tract map(s), tentative subdivision map(s) or tentative parcel map(s) heretofore or hereafter approved in connection with the Development shall expire upon the expiration or earlier termination of this Agreement. Said term of such map(s) shall be the sole and exclusive term and shall be in lieu of any other term or term extension provided for pursuant to the Subdivision Map Act, CITY ordinance, or any combination thereof. 3.11 Amendment(s) to Tentative Tract Map(s); Recordation of Final Tract Map(s). Any amendment to an existing tentative tract map, heretofore or hereafter approved in connection with the Development, which is deemed "minor" in accordance with Section 3.5 of this Agreement shall not require an amendment to this Agreement. If and upon OWNER' s election to exercise the term extension authorized under Section 2.3 of this Agreement, during such two-year extended term, all conditions of approval for any tentative tract map identified under this Agreement shall be reviewed for changed circumstances and modifications may be required. Subject to applicable provisions of the Subdivision Map Act (Government Code Section 66410 et seq.), OWNER may record final tract maps on a phased basis. 3.12 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with the Development, is a vesting map under the Subdivision Map Act and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this 13 24438.80040\24736084.5 PACKET PAGE: 117 AGENDA ITEM 3A.8 Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 3.13 Utilities. In accordance with Section 201(h) of the Development Agreement Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for CITY -owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties. 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that the Development will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project. 4.2 Development Agreement Fee. In addition to the other obligations of OWNER contained in this Agreement, the Project shall also be subject to a "Development Agreement Fee." The Development Agreement Fee shall be paid to CITY and shall cover the initial term of five (5) years of this Agreement. The Development Agreement Fee shall be One Thousand Two Hundred Dollars ($1,200.00) per residential unit for the initial term of five (5) years of this Agreement. If and upon OWNER' s election to exercise the term extension authorized under Section 2.3 of this Agreement, the Development Agreement Fee shall increase to Two Thousand Dollars ($2,000.00) per residential unit for the extended term of two (2) years of this Agreement. In addition, during such two-year extended term, all conditions of approval for any tentative tract map identified under this Agreement shall be reviewed for changed circumstances and modifications may be required. The Development Agreement Fee shall not be used to offset any Development Impact Fee(s). OWNER shall not be entitled to any credit against the Development Agreement Fee resulting from OWNER' s provision of public improvements as required by the Development Plan or this Agreement. 4.2.1 Time of Payment. The Development Agreement Fee required pursuant to Section 4.2 shall be paid to CITY prior to, and as a condition precedent to, the issuance of the certificate of occupancy for each residential unit. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement, but the Development Agreement Fee required pursuant to Section 4.3 shall be paid prior to the re -issuance or extension of any building permit for a residential unit for which such Development Agreement Fee has not previously been paid. 4.2.2 Development Agreement Processing Fee and Deposit(s). In addition to the Development Agreement Fee, OWNER has paid the CITY a one-time fee separately for processing of the Development Agreement ("Development Agreement Processing Fee") in the amount of Five Thousand Dollars ($5,000.00) and an Administration Fee of One Thousand Five Hundred Dollars ($1,500) ("Administration Fee"). In addition, OWNER has paid CITY separately a deposit for the planning and legal costs associated with the preparation and 14 24438.80040\24736084.5 PACKET PAGE: 118 AGENDA ITEM 3A.8 processing of the Development Agreement. The planning and legal deposit ("Legal Expense Deposit") shall be in the amount of Ten Thousand Dollars ($10,000.00). CITY acknowledges receipt of OWNER's prior payment of the Development Agreement Processing Fee, Administration Fee and Legal Expense Deposit. Should the planning and legal costs associated with the preparation and processing of the Development Agreement exceed OWNER's Legal Expense Deposit, CITY reserves the right to require OWNER to pay an additional deposit prior to recordation to cover the cost of such planning and legal services. 4.3 Other Fees. In addition to the Development Agreement Fee, Development Agreement Processing Fee, Administration Fee, and Legal Expense Deposit(s), and other obligations of OWNER contained in this Agreement, OWNER shall also be responsible for payment of all Transportation Uniform Mitigation Fees (TUMF) and Multiple Species Habitat Conservation Plan Fees (MSHCP). Further, OWNERS additionally shall be responsible for payment of all relevant fees for Community Facilities District (CFD), Assessment District (AD), and Landscape, Lighting and Park District No. 2 (LLPD No. 2), as applicable to the Property. 5. FINANCING OF PUBLIC IMPROVEMENTS. If deemed appropriate, CITY and OWNER will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. CITY also agrees that, to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds. 6. REVIEW FOR COMPLIANCE. 6.1 Periodic Review. The Development Director shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the Development Director, within thirty (30) days after written notice from the Development Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of this Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The Development Director shall conduct such special reviews. 6.3 Procedure. (a) During either a periodic review or a special review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on OWNER. 15 24438.80040\24736084.5 PACKET PAGE: 119 AGENDA ITEM 3A.8 (b) Upon completion of a periodic review or a special review, the Development Director shall submit a report to the City Council setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his or her recommended finding on that issue. (c) If the City Council finds on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (d) If the City Council makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Council may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent with, proceedings under Section 6.4 and Section 6.5. 6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing; (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and (c) Such other information as is reasonably necessary to inform OWNER of the nature of the proceeding. 6.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 6.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating that after the most recent periodic or special review and based upon the information known or made known to the Development Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a periodic or special review and shall state the anticipated date of commencement of the next periodic review. OWNER may record the Certificate with the County Recorder. 16 24438.80040\24736084.5 PACKET PAGE: 120 AGENDA ITEM 3A.8 Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Development Director or City Council. 6.7 Estoppel Certificates. A party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate"). A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The Planning Director or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or other authorized representative of OWNER may sign on behalf of OWNER. An Estoppel Certificate is intended to be relied on by assignees and Mortgagees. If one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with providing the Estoppel Certificate. The Estoppel Certificate shall address issues such as whether: (a) The Agreement is in full force and effect and is a binding obligation of the parties. (b) The Agreement has been amended or modified either orally or in writing and, if so amended, identifying the amendments. (c) A default in the performance of the requesting party's obligations under the Agreement exists and, if a default does exist, the nature and amount of any default. Whether or not the Estoppel Certificate is relied upon by assignees or other transferees or OWNER or CITY, the preparing party shall not be bound by an Estoppel Certificate if a default existed at the time of the issuance of the Estoppel Certificate, but was concealed from or otherwise not known to the preparing party. 7. DEFAULT AND REMEDIES. 7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or (b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or 17 24438.80040\24736084.5 PACKET PAGE: 121 AGENDA ITEM 3A.8 (c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 7.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against CITY as provided in Section 7.1 above. (b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. 7.3 Release. Except for nondamage remedies, including the remedy of specific performance and judicial review as provided for in Section 7.2, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement. 7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 7.5 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such 60-day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 7.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default 18 24438.80040\24736084.5 PACKET PAGE: 122 AGENDA ITEM 3A.8 can be cured, CITY has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8. THIRD PARTY LITIGATION. 8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan ("General Plan"), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY's determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. 8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding. 8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action. 8.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, 19 24438.80040\24736084.5 PACKET PAGE: 123 AGENDA ITEM 3A.8 under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action. 8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 8.6 Survival. The provisions of Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER's obligations under this Agreement. (c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have 20 24438.80040\24736084.5 PACKET PAGE: 124 AGENDA ITEM 3A.8 an obligation or duty under this Agreement to perform any of OWNER' s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6 Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one OWNER, all obligations of such OWNERS under this Agreement shall be joint and several, and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a 21 24438.80040\24736084.5 PACKET PAGE: 125 AGENDA ITEM 3A.8 single lot which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 10.8 Time of Essence. Time is of the essence in the performance of .the provisions of this Agreement as to which time is an element. 10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, acts of terrorism, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of 22 24438.80040\24736084.5 PACKET PAGE: 126 AGENDA ITEM 3A.8 the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 10.20 Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference as if fully set forth herein. 10.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder. 23 24438.80040\24736084.5 PACKET PAGE: 127 AGENDA ITEM 3A.8 IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. SIGNATURES ON THE FOLLOWING PAGE(S) 24 24438.80040\24736084.5 PACKET PAGE: 128 AGENDA ITEM 3A.8 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT NO. 15-5 BY AND BETWEEN CITY OF SAN JACINTO AND JOHN AND DORA BORUCHIN LIVING TRUST OWNER JOHN AND DORA BORUCHIN LIVING TRUST By: JEWISH NATIONAL FUND (KEREN KAYEMETH LE ISRAEL) INC., A NEW YORK NOT -FOR -PROFIT CORPORATION, SUCCESSOR TRUSTEE OF THE JOHN AND DORA BORUCHIN LIVING TRUST By: Matthew Bernstein Its: Chief Planned Giving Officer Dated: CITY CITY OF SAN JACINTO, a California municipal corporation By: Andrew Kotyuk, Mayor Dated: ATTEST: By: Peggy Johns, Interim City Clerk 25 24438.80040\24736084.5 PACKET PAGE: 129 AGENDA ITEM 3A.8 APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP, City Attorney 26 24438.80040\24736084.5 PACKET PAGE: 130 AGENDA ITEM 3A.8 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION Real property in the City of San Jacinto, County of Riverside, State of California, described as follows: Parcel 1: FARMS LOT 130 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357 OF MAPS, SAN DIEGO COUNTY RECORDS. Parcel 2: A PORTION OF FARM LOT 132 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID FARM LOT 132, BEING ALSO A POINT ON THE BOUNDARY LINE OF THAT PORTION OF LAND INCLUDED WITHIN THAT CERTAIN FINAL DECREE OF CONDEMNATION RECORDED NOVEMBER 25, 1949 IN BOOK 1126, PAGE 549, OFFICIAL RECORDS; THENCE NORTH 00° 20' 24" WEST ALONG THE BOUNDARY LINE OF SAID FINAL DECREE AND THE WEST LINE OF SAID FARM LOT 132, A DISTANCE OF 2640.51 FEET TO THE NORTHWEST CORNER OF SAID FARM LOT 132; THENCE CONTINUING ALONG THE BOUNDARY LINE OF SAID FARM LOT 132 THE FOLLOWING COURSES; NORTH 89° 38' 30" EAST, A DISTANCE OF 779.07 FEET TO A POINT ON THE CENTERLINE OF DE ANZA DRIVE; SOUTH 45° 22' 21" EAST ALONG CENTERLINE, A DISTANCE OF 2637.00 FEET TO THE NORTHEASTERLY CORNER OF SAID FARM LOT 132, BEING ALSO A POINT OF INTERSECTION WITH THE CENTERLINE OF LYON AVENUE; SOUTH 00° 21' 45" EAST ALONG SAID CENTERLINE OF LYON AVENUE, A DISTANCE OF 776.20 FEET TO THE SOUTHEAST CORNER OF SAID FARM LOT 132; SOUTH 89° 38' 17" WEST, A DISTANCE OF 325.00 FEET; THENCE NORTH 42° 53' 15" WEST, A DISTANCE OF 276.14 FEET TO A POINT ON THE BOUNDARY LINE OF SAID FINAL DECREE; THENCE ALONG SAID BOUNDARY LINE FOLLOWING COURSES; SOUTH 47° 06' 45" WEST, A DISTANCE OF 274.77 FEET; SOUTH 00° 32' 16" EAST, A DISTANCE OF 17.78 FEET TO THE SOUTH LINE OF SAID FARM LOT 132; 24438.80040\24736084. 5 A-1 PACKET PAGE: 131 AGENDA ITEM 3A.8 THENCE SOUTH 89° 38' 17" WEST ALONG SAID SOUTH LINE OF FARM LOT 132, A DISTANCE OF 1930.99 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM SAID FARM LOT 132, THE INTEREST INCLUDED WITHIN THAT CERTAIN FINAL DECREE OF CONDEMNATION RECORDED NOVEMBER 25, 1949 IN BOOK 1126, PAGE 549 OF OFFICIAL RECORDS. ALSO EXCEPTING FROM SAID FARM LOT 132 THAT PORTION OF LAND CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, BY DEED RECORDED JUNE 03, 1950 IN BOOK 2484, PAGE 515 OF OFFICIAL RECORDS. NOTE: SAID LAND IS PURSUANT TO CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENTS O4-01, RECORDED JULY 19, 2004 AS INSTRUMENT NO. 2004-0556773, OFFICIAL RECORDS. PARCEL NOS.: 436-080-001-4 436-080-002-5 436-080-006-9 A-2 24438.80040\24736084. 5 PACKET PAGE: 132 AGENDA ITEM 3A.8 EXHIBIT "B" PROPERTY MAP 24438.80040\24736084.5 B-1 PACKET PAGE: 133 TENTATIVE TRACT MAP NO. 31282 AGENDA ITEM 3A.8 IN THE CITY OF SAN JACINTO, CALIFORNIA TENTATIVE TRACT MAP NO. 31282 1 ,. 1.,..,„ 1' :- :'-. :-• k '4t----Ojr-OggfdigniaCi.TrigNISTaritnaesittaittilIMEPAirailige4 • ,iipkI ,110 NN agr4r04-4,13TatInto til-ve Ferizsg" =Mit ,,, _..., , 4144v44441.400,,,/4„trar, r,P,...w.,,,e4titi„ 'N1* . ! '' ` ' , . . 41114: IT11 rgailtlal \P401110ragar N4 I a, ACICW:r1u. itffird-Eam=r1241 131 I / ti;_m1411117AnnziaArsir ="1=Viaf' MI= 01* Vi I°Wir .,. ..-.',.rz 177 IN 4tt lal i TIFIN. SD= =ION TYPICAL STREET SECTION orxxnox exim / rum VICINITY MAP NORTH raw.= T MONO / UPXMT MOO= We UK ynry.n. nace awe rt711= trt,P0'.5.407:7714'.F.4.T+77,7 irrtnE4-.-7.,:imr---tr--7- 7144.'17' =,- TENTATIVE TRACT MAP 31282 24438.80040\24736084. 5 PACKET PAGE: AGENDA ITEM 3A.8 EXHIBIT "C" EXISTING DEVELOPMENT APPROVALS • TENTATIVE TRACT MAP NO. 31282; AND • RESOLUTION NO. 03-63 APPROVING (ITEM 5.2 OF THE PLANNING COMMISSION STAFF REPORT DATED MARCH 11, 2004) THE TENTATIVE TRACT MAP WHICH INCLUDES THE CONDITIONS OF APPROVAL 24438.80040\24736084. 5 C-1 PACKET PAGE: 135 AGENDA ITEM 3A.8 EXHIBIT "D" EXISTING LAND USE REGULATIONS City of San Jacinto General Plan City of San Jacinto General Plan Map City of San Jacinto Development Code City of San Jacinto Zoning Map City of San Jacinto Municipal Code 24438.80040\24736084.5 D-1 PACKET PAGE: 136 o ■ C) W H 4 z W 0 a TO PROPOSED AO P7 R/W 6' SIDEWALK R/W APN 431-030.018 ZONED SP1.01 19, / 16 I 17 I 19 I 19 29 PE 7110 / PE -.a . . 1t-Ya *-.ma 11±AstaL"T $1 69' 72' T1 14 763431 : 792041' TO SANDERSON AVE BY �U) OTHERS TO PM 29447 R/W 60' 10' 40' 20' CURB A.C. PAVEMENT 20' CURB 8" CL II AGGREGATE BASE 10' COMPACTED SUBGRADE TYPICAL STREET SECTION 6' SIDEWALK STREETS NOT TO SCALE 66' R/W 16' &10'BIMKE PIHE4NOERING SIDEWALK 44' 20' CURB A.C. PAVEMENT 6" CL II AGGREGATE BASE 10' 20' CURB A.C. PAVEMENT COMPACTED SUBGRADE TYPICAL STREET SECTION 6' SIDEWALK 25' LANDSCAPE RAY P/Lrt DE ANZA DRIVE NOT TO SCALE 6' Y 6 I SW CURB 2X BASE COURSE 8' 12' COMPACTED SUBGRACIE J 12' 100' 76' G 12' 2X PAINTED MEDIAN 136 la 8512T1 : 21 22 29 I PE -a- K.•641 ARK / RETENTION BASIN LOT 'A' 6.78 ACRES STO•M WATER RETEN ION 9'VOL ME = 15.5 AC- T 12' 1 B' AC I PAV'MT URB TYPICAL STREET SECTION LYON AVE NOT TO SCALE R/W 4 R/W 704+.f C/1. FIRST FLUSH BASIN ' 100YR BASIN MAX DEPTH CLF OR 132.5' ROUGHT IRON FENCE I17.1 5:T SECTION 'A' -'A' DETENTION BASIN / PARK NOT TO SCALE • U 7le7H `‘213 IN THE CITY OF SAN JACINTO, CALIFORNIA TENTATIVE TRACT MAP NO. 31282 24 \ / PI-868 \ I / 73 132 . 6179*7 r. 192 7446.1 '217 73 81844..1• 108 8471e •.. 9 PU-83,2 1225 199 01270 NNa218 7337.1 P%L TRACT 31037 10 189 75504f 'r 190 ' 733041 4`"220 7887.1 10 11 12 13 14 15 16 17 PE-03.5 PE-632 PE -SUTRA" 3 3P!-BU PE-862 pB-."4 983.39' no22 7887.1 TRACT 31282 6' NIGH DECORATIVE 'LOCK WALL PER TRACT 31037 4' NIGH MAX RAT. WALL ER TRACT 31037 SLOPE FROM TRACT 31037 TO ENCROACH A MOWN OF 6 FEET IM0 TENTATIVE TRACT MAP 312112. RETAR•q WALL TO BE A MAXIMUM 4 FEET NIGH. NETA.I•40 WALL AND GAR IEO WALL TO 0C CONSTRUCTED BY TRACT 31037. SECTION 'B'-'B' 148 7285.1$ 73• NORTH PROPERTY UNE NOT TO SCALE 116 • 7669./ 122 72424Jg 150, 725 .Eg 320.E a 169 9591.E 157 120. 70904E 58 9Y 72' 156' i, 91228 K T07 111- B49441 9 33 105 95 +o 244 7736.1 224N 105' 242 72MA 109' 1os 78Wd 105 , 238 3'JO f lay 237 -. 103 P. 233 • 7350.1 Ir. 232 67634E - 99 773 231 13924.1 i 11 1 tow 12 118 yI�14 Il115 I15 I 17 \\ 18a 249 SAN✓AfINTO WARREN RD. 40 4i , 0 1010 RAMONA 7437a1' 74370 'qf 73 13393,4 - COTTONWOOD AYE. ESPLANADE LYON AVE. 76' 8305N 75' N 4203 7' EXISTING OE ANZA ORATE (TO BE VAC*TE0) ILr'M•27'. AJ0 76' 76' 76 9 9 615741 CB 9 273 - 67659E 1 i 272 & 1021441 SAN JACINTO RESERVOIR APN 431-050012 ZONED SP1-91 MAIN y "P Ks ST AVE. I; s 2, N D4. y 42,o. R1PEJ6 VICINITY MAP N.T.S. NORTH GRAPHIC SCALE 100 0 50 100 200 400 ( 04 P'SBT) 1 Inch - 100 ft. 69 6 0 7- 6 76 12 S 47 48 980O '"798041 723591 99 64 9775N '+j .9 • E 3T^ J5 70 261 . 981841 260 7.2. _- F_15- Ar^ 7200. 44 62Y 15 55 °e 13371141 EXISTING DE ANZA ORME (TO 6E VACATED) �9. Lor 'F' POCKET PARK 0.45 ACRES T. 265 9026a 1- 75640 286 2601761 282.61' PROP LOT UNE ADAISTMENT ./pA�L EXIST. LOT UNf�y�.41 , / 4 OWNER / APPLICANT MOCLEISH GROUP, A CAUFORNIA UNITED PARTNERSHIP C/O MIKE RECORD 920 W. RAMONA EXPRESSWAY SAN JACINO. CA (909) 654-0087 92582 ASSESSOR'S PARCEL NOS. 431-050-001, 002, 005 GROSS ACREAGE 96.163 ACRES NUMBER OF LOTS 287 RESIDENTIAL LOTS 1 PARK/RETENTION LOT (LOT 'A') 6 OPEN SPACE / GREEN BELT (LOTS 'B'-'G') DENSITY 2.98 DU/ACRE EXISTING / PROPOSED ZONING SP1-91 / R-1 PROPOSED LAND USE RESIDENTIAL ADJACENT LAND USE NORTH -RESIDENTIAL EAST-VACANT/RESIDENTIAL SOUTH-SAN JACINTO RESERVOIR WEST-VACANT/RESIDENTIAL PUBUC UTIUTIES GAS - SOUTHERN CAUFORNIA GAS CO. ELECTRIC - SOUTHERN CALIFORNIA EDISON CO. WATER - EASTERN MUNICIPAL WATER DISTRICT SEWER - EASTERN MUNICIPAL WATER DISTRICT TELEPHONE - VERIZON CABLE - ADELPHIA FLOOD ZONE ZONE 'A' COMMUNITY PANEL 8065056 0005 D REVISED MAY 17, 1990 DESCRIPTION FARM LOTS 130 AND 132 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION. IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 8, PAGE 357, OF MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY RECORDS; EXCEPTING FROM LOT 132 THE INTEREST INCLUDED WITHIN THAT CERTIAN FINAL DECREE OF CONDEMNATION RECORDED NOVEMBER 25, 1949 IN BOOK 1126, PAGE 54 OF OFFICIAL RECORDS; ALSO EXCEPTING FROM LOT 132 THAT PORTION THEREOF CONVEYED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, BY DEED RECORDED JUNE 3, 1950 IN BOOK 2484, PAGE 515 OF OFFICIAL RECORDS. co nQ a_ W 0 0 REVISED 2 13 2004 Underground Service Alert Call: TOLL FREE 1-800 422-4133 790 WORKING DAYS BEFORE YOU 01G SEAL APPROVAL BY.: DATE PREPARED BY: DATE R.C.E. NO. 46354 EXP. DATE 12-31-06 LB • PLANNING BLAINE A. WOMER •SURVEYING CIVIL ENGINEERING -ENGINEERING •PUBLIC WORKS 41555 E FMNaa Ave.. SNN. F, Pnon. (909)555-1727 Fax (909)655-9547 Pork Clry. VT 04096, 5133 Cove Canyon Dr, /302. PNon./Fax (435)615-1459 CITY OF SAN JACINTO THE McCLEISH GROUP TEEN DATE DESCRIPTION 061E APPROVAL TENTATIVE TRACT MAP 31282 SHEET NO.: 1 OF ) SHEETS AGENDA ITEM 3A.8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) ORDINANCE NO. 16-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT NO. 15-5 BETWEEN THE CITY OF SAN JACINTO AND THE DORA AND JOHN BORUCHIN LIVING TRUST WHEREAS, pursuant to Section 65864, et seq., of the California Government Code, the City of San Jacinto ("City") is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, The Dora and John Boruchin Living Trust ("Owner") is the owner of Tentative Tract Map 31282, with respect to the Development Agreement; and WHEREAS, City and Owner now seek to enter into Development Agreement 15-5 attached hereto as Exhibit "A;" and WHEREAS, the project covered under the Development Agreement generally consists of Tentative Tract Map 31282, a 96.6 acre, 287 lot single family lot subdivision with other related improvements ("Project"), located south of De Anza Drive between Sanderson Avenue and Lyon Avenue and the purpose of Development Agreement is to extend the Tentative Tract Map for a period of five years; and WHEREAS, Chapter 17.610 of the City's Development Code sets forth the City's requirements for development agreements, and amendments and extensions thereof; and WHEREAS, the Development Agreement is in accordance with Chapter 17.610 of the Development Code; and WHEREAS, the Development Agreement as proposed, includes a Development Agreement Fee to be paid by Owner to the City under the Development Agreement; and WHEREAS, the Development Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and WHEREAS, the project has been adequately analyzed in an earlier adopted mitigated negative declaration and a subsequent mitigated negative declaration is not required, because there are no changed circumstances pursuant to Section 15162 of the PACKET PAGE: 139 AGENDA ITEM 3A.8 California Environmental Quality Act; and WHEREAS, on July 18, 2016, the Planning Commission of the City of San Jacinto ("Planning Commission") conducted a duly noticed public hearing on Development Agreement 15-5, at which time all persons wishing to testify in connection with Development Agreement 15-5 were heard and Development Agreement 15-5 was comprehensively reviewed; and WHEREAS, on July 18, 2016, pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto (the "Planning Commission"), the City Council has determined that it can be seen with certainty that the approval of the Development Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines; and WHEREAS, on August 2, 2016, the San Jacinto City Council conducted a duly noticed public hearing concerning the Development Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding the Development Agreement, and at which time the City Council thoroughly reviewed the Development Agreement; and THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Ordinance as though fully set forth herein. Findings. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council adopts this Ordinance and approves Development Agreement 15-5 based upon the following findings: A. That the Development Agreement aids in the continued and consistent implementation of the Tentative Tract Map, provides a financial benefit to the City in the form of the Development Agreement Fee (as that term is defined in the Development Agreement), and is therefore in the best interest of the City. B. That Development Agreement 15-5 is consistent with the City's General Plan and will allow the Owner to complete the Project in a manner which the City Council previously found to be consistent with the City's General Plan, and as recommend by the Planning Commission, the City 2 PACKET PAGE: 140 AGENDA ITEM 3A.8 Section 3. Section 4. Council finds continues to be consistent therewith. C. That Development Agreement 15-5 promotes the public health, safety and welfare of the community because it will permit and encourage the development of residential units in accordance with the approved Tentative Tract Map, and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City. D. That the Project is covered under the Tentative Tract Map, which provides for a single-family development, is therefore compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property subject to the Development Agreement is located, and will not adversely affect the orderly development of property or the preservation of property values. E. The Development Agreement is consistent with the following General Plan Land Use Element goals and policies, and will further important and officially recognized City wide goals and policies, by allowing the Owner to develop the Project under the terms of the Development Agreement: (i) Land Use Element No. 4 — Manage and Direct Growth — This Land Use Element encourages development consistent with the zoning of the property and provides for adequate levels of public services and facilities to be provided for the new development. F. That Development Agreement 15-5 will provide the City with important, tangible benefits including the Development Agreement Fee provided for in the Agreement, and development of the Tentative Tract Map. Adoption of Development Agreement 15-5. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council hereby adopts Development Agreement 15-5, as set forth in Exhibit "A". CEQA. The City Council has reviewed the Project pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto, the City Council has determined that the Project has been adequately analyzed in an earlier adopted mitigated negative declaration, and a subsequent mitigated negative declaration is not required because there are no changed circumstances pursuant to Section 15162. Further, it can be seen with certainty that the approval of the Development Agreement 3 PACKET PAGE: 141 AGENDA ITEM 3A.8 Section 5. Section 6. Section 7. is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines. Notice of Determination. Staff is directed to file a Notice of Determination with the Riverside County Recorder's Office within five (5) working days of adoption of this Ordinance. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk's office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Severabilitv. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 8. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Introduced at a regular meeting of the City Council on the 2rd day of August, 2016. ORDINANCE NO. 16-05 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the sixth day of September, 2016, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: 4 PACKET PAGE: 142 AGENDA ITEM 3A.8 ATTEST: City Clerk City of San Jacinto: Andrew Kotyuk, Mayor 5 PACKET PAGE: 143 AGENDA ITEM 3A.8 EXHIBIT "A" DEVELOPMENT AGREEMENT NO. 15-5 BY AND BETWEEN THE CITY OF SAN JACINTO AND THE DORA AND JOHN BORUCHIN LIVING TRUST PACKET PAGE: 144 AGENDA ITEM 3A.9 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Mary Lanier, Planning Consultant SUBJECT: Second Reading of Ordinance No. 16-07, Adopting Development Agreement No. 16-1 between the City of San Jacinto and SACJAC I, LLC, a Delaware Limited Liability Company RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No.16-07 approving Development Agreement No. 16-1 between the City of San Jacinto and SACJAC I, LLC, a Delaware Limited Liability Company AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND SACJAC I, LLC BACKGROUND: On August 2, 2016, the City Council conducted the first reading of Ordinance 16-07 approving Development Agreement 16-1, subject to changes to the Development Agreement Fee and the addition of Exhibit G, a Purchase and Agreement and Escrow Instructions, between Barraft and Calvin Smith. During the City Council Meeting, City Council concerns were raised about the fifteen year term of the Development Agreement, fee credits, and a desire to encourage the Trails Specific Plan/TTM 30598 to develop sooner. As an incentive to encourage development of the Trails Specific Plan/Tract Map 30598 sooner, Development Agreement Fees were reduced from $1,000 to $750 per single-family unit for the first ten years and raised to $2000 for the final five years. Public testimony was provided, during the Public Hearing, where concerns were raised about a prior Purchase Agreement and Escrow Instructions, between the former owner of the Trails Specific Plan/TTM 30598 and Calvin Smith, an adjacent property owner. The Purchase Agreement and Escrow Instructions provided Mr. Smith the opportunity to purchase a commercial property for $100,000, in exchange for a dedication of street right-of-way to facilitate the project. The right-of-way dedication is shown on TTM 30598. The applicant for Development Agreement 16-1 agreed to honor the Purchase Agreement and Escrow Instructions and it is included as Exhibit G to Development Agreement 16-1. PACKET PAGE: 145 AGENDA ITEM 3A.9 After discussion, the City Council by motion proposed the following changes to Development Agreement 16-1: The Development Agreement Fee shall be Seven Hundred Fifty Dollars ($750.00) per single-family residential unit for the first ten (10) years of this Agreement and $2,000.00 ($2,000) per single-family residential unit for the final five (5) years of the term of this Agreement. To add Exhibit G, Purchase Agreement and Escrow Instructions (Barratt and Calvin Smith). PROJECT DESCRIPTION: SACJAC I, LLC are the owners of the Tentative Tract Map (TTM) Tract 30598 and Specific Plan 01-03, the Trails Specific Plan. The property consists of 174.7 acres of land located on the west side of State Street between Record Road and Blodgett Street and is Zoned Specific Plan and has a General Plan designation of Specific Plan. The Trails Specific Plan proposes 580 single family residential lots, a central 5.2 acre park, several pocket parks, a 4.9 acre detention basin that may also be used for park purposes, and two recreational trails on San Diego Aqueduct easements which pass diagonally through the property. At the southwest corner of the development is proposed a commercial site of approximately 13/ acres. The central park is round in shape, and is defined by a traffic roundabout that would be intersected by access roads from all sides of the project. ENVIRONMENTAL ANALYSIS: The project has been adequately analyzed in earlier adopted Mitigated Negative Declarations for the Tentative Map. And a subsequent Mitigated Negative Declaration is not required, because there are no changed circumstances pursuant to Section 15162. ATTACHMENTS: Ordinance No. 16-07 Development Agreement No. 16-1 City Council Staff Report August 2, 2016 Plan/Tract Map 30598 PACKET PAGE: 146 AGENDA ITEM 3A.9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) ORDINANCE NO. 16-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT NO. 16-1 BETWEEN THE CITY OF SAN JACINTO AND SACJAC I, LLC WHEREAS, pursuant to Section 65864, et seq., of the California Government Code, the City of San Jacinto ("City") is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, SACJAC I, LLC ("Owner") is the owner of Tentative Tract Map 30598, with respect to the Development Agreement; and WHEREAS, City and Owner now seek to enter into Development Agreement 16-1 attached hereto as Exhibit "A"; and WHEREAS, the project covered under the Development Agreement generally consists of Tentative Tract Map 30598, a 174.7 acre, 580 lot single family lot subdivision with other related improvements ("Project"), located on the west side of State Street between Record Road and Blodgett; and WHEREAS, the Tentative Tract Map 30598 was approved along Specific Plan 01-03, also knowns as The Trails Specific Plan; and WHEREAS, Chapter 17.610 of the City's Development Code sets forth the City's requirements for development agreements, and amendments and extensions thereof; and WHEREAS, the Development Agreement is in accordance with Chapter 17.610 of the Development Code; and WHEREAS, the Development Agreement as proposed, includes Tentative Tract Map Extension and Development Agreement Fees to be paid by Owner to the City under the Development Agreement, and includes other provisions for the Tentative Tract Map extension, a lock in of Development Impact Fees, and specified Fee Credits; and WHEREAS, the Development Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and WHEREAS, the project has been adequately analyzed in an earlier adopted PACKET PAGE: 147 AGENDA ITEM 3A.9 mitigated negative declaration and a subsequent mitigated negative declaration is not required, because there are no changed circumstances pursuant to Section 15162 of the California Environmental Quality Act; and WHEREAS, on July 18, 2016, the Planning Commission of the City of San Jacinto ("Planning Commission") conducted a duly noticed public hearing on Development Agreement 16-1, at which time all persons wishing to testify in connection with Development Agreement 16-1 were heard and Development Agreement 16-1 was comprehensively reviewed; and WHEREAS, on July 18, 2016, pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto (the "Planning Commission"), the City Council has determined that it can be seen with certainty that the approval of the Development Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines; and WHEREAS, on August 2, 2016, the San Jacinto City Council conducted a duly noticed public hearing concerning the Development Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding the Development Agreement, and at which time the City Council thoroughly reviewed the Development Agreement; and THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Ordinance as though fully set forth herein. Findings. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, th e City Council adopts this Ordinance and approves Development Agreement 16-15 based upon the following findings: A. That the Development Agreement aids in the continued and consistent implementation of the Tentative Tract Map, provides a financial benefit to the City in the form of the Development Agreement Fee (as that term is defined in the Development Agreement), and is therefore in the best interest of the City. B. That Development Agreement 16-1 is consistent with the City's General Plan and will allow the Owner to complete the Project in a manner which the City Council 2 PACKET PAGE: 148 AGENDA ITEM 3A.9 Section 3. Section 4. previously found to be consistent with the City's General Plan, and as recommend by the Planning Commission, the City Council finds continues to be consistent therewith. C. That Development Agreement 16-1 promotes the public health, safety and welfare of the community because it will permit and encourage the development of residential units in accordance with the approved Tentative Tract Map, and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City. D. That the Project is covered under the Tentative Tract Map, which provides for a single-family development, is therefore compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property subject to the Development Agreement is located, and will not adversely affect the orderly development of property or the preservation of property values. E. The Development Agreement is consistent with the following General Plan Land Use Element goals and policies, and will further important and officially recognized City wide goals and policies, by allowing the Owner to develop the Project under the terms of the Development Agreement: (i) Land Use Element No. 4 — Manage and Direct Growth — This Land Use Element encourages development consistent with the zoning of the property and provides for adequate levels of public services and facilities to be provided for the new development. F. That Development Agreement 16-1 will provide the City with important, tangible benefits including the Development Agreement Fee provided for in the Agreement, and development of the Tentative Tract Map. Adoption of Development Agreement 16-1. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council hereby adopts Development Agreement 16-1, as set forth in Exhibit "A". CEQA. The City Council has reviewed the Project pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto, the City Council has determined that the Project has been adequately analyzed in an earlier adopted mitigated negative declaration, and a subsequent mitigated negative declaration is not required because there are no 3 PACKET PAGE: 149 AGENDA ITEM 3A.9 Section 5. Section 6. Section 7. changed circumstances pursuant to Section 15162. Further, it can be seen with certainty that the approval of the Development Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines. Notice of Determination. Staff is directed to file a Notice of Determination with the Riverside County Recorder's Office within five (5) working days of adoption of this Ordinance. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk's office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Severabilitv. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 8. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Introduced at a regular meeting of the City Council on the 2rd day of August, 2016. 4 PACKET PAGE: 150 AGENDA ITEM 3A.9 ORDINANCE NO. 16-07 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the sixth day of September, 2016, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: City Clerk City of San Jacinto: Andrew Kotyuk, Mayor 5 PACKET PAGE: 151 AGENDA ITEM 3A.9 EXHIBIT "A" DEVELOPMENT AGREEMENT NO. 16-1 BY AND BETWEEN THE CITY OF SAN JACINTO AND SACJAC I, LLC PACKET PAGE: 152 AGENDA ITEM 3A.9 STAFF REPORT TO: Mayor and City Council FROM: Mary Lanier, Planning Consultant DATE: August 2, 2016 SUBJECT: Development Agreement No. 16-1 between the City of San Jacinto and SACJAC I, LLC, a Delaware limited liability company Applicant: SacJac I, LLC c/o Thomas L. Olds, Jr. Generation Healthcare 20371 Irvine Avenue, Suite 210 Newport Beach, CA 92660 RECOMMENDATION: Staff recommends that by motion, the City Council: Introduce Ordinance No. 16-07 for first reading, approving Development Agreement No. 16-1, based upon the Planning Commission's recommendation and by further motion read by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND SACJAC I, LLC BACKGROUND On July 18, 2016, the Planning Commission recommended, with a 3-0-2 absent vote that the City Council adopt an Ordinance approving Development Agreement 16-1. Public testimony was provided, during the Public Hearing, where concerns were raised, regarding property maintenance and future school traffic on the extension of Chase Street. The property owner agreed to improve the existing fence and to make an effort to contract with a farmer for fall planting. PAGE NO. 1 PACKET PAGE: 153 AGENDA ITEM 3A.9 The Planning Commission added a Condition of Approval for a focused Traffic Study to be completed to address school related traffic. The City Engineer has requested that an addition be made to also implement the Traffic Study recommendations, subject to the review and approval of the City Engineer. These provision have been added to the Development Agreement. PROJECT DESCRIPTION: SACJAC I, LLC are the owners of the Tentative Tract Map (TTM) Tract 30598 and Specific Plan 01-03, the Trails Specific Plan. The property consists of 174.7 acres of land located on the west side of State Street between Record Road and Blodgett Street and is Zoned Specific Plan and has a General Plan designation of Specific Plan. The Trails Specific Plan proposes 580 single family residential lots, a central 5.2 acre park, several pocket parks, a 4.9 acre detention basin that may also be used for park purposes, and two recreational trails on San Diego Aqueduct easements which pass diagonally through the property. At the southwest corner of the development is proposed a commercial site of approximately 13/ acres. The central park is round in shape, and is defined by a traffic roundabout that would be intersected by access roads from all sides of the project. DISCUSSION: Due to the Great Recession, TTM 30598 was not recorded and SP 01-03 was not implemented. The property also changed hands and the new Owner is interested in keeping the TTM entitlements and plans for future development. The entitlements were due to expire on May 15, 2016, with one final one-year extension available (to May 15, 2017). Single-family development is making a comeback in San Jacinto, and tracts that were partially built are being completed. However, due to the recordation process, preparing design plans, and site work, a number of maps will expire before they can be recorded or built. TTM 30598 is one of the maps. Extensions TTM 30598 was valid for two years its approval of May 15, 2004. No requests for extension were requested. Five events provided additional extensions of time. They include a condition of approval to construct certain drainage facilities beyond the project boundaries, and three automatic State of California extensions. PAGE NO. 2 PACKET PAGE: 154 AGENDA ITEM 3A.9 Due to recent Recession, the State passed Bills that provided four automatic extensions for tentative tract maps. TTM 30598 was eligible for all of them. The following table outlines the Extensions for TTM 30598: Extension Provision Required Condition of Approval to build Line H, beyond TTM 30598 with expenditures over $178,000 (36 month extension). Expiration Date May 15, 2009 Senate Bill 1185 Automatic One -Year Time Extension May 15, 2010 Assembly Bill 333 Automatic Two -Year Time Extension May 15, 2012 Assembly Bill 208 Automatic Two -Year Time Extension May 15, 2014 Assembly Bill 116 Automatic Two -Year Time Extension May 15, 2016 Development Agreement To prepare for and encourage new development in the coming years, staff is recommending that the City enter into Development Agreements. Pursuant to Section 65864, et. seq., of the California Government Code, the City of San Jacinto is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property. TTM 30598 was approved in conjunction with Specific Plan 01-03. The Specific Plan is an entitlement that goes with the land and created specific zoning to the parcel. Implementation of the Specific Plan relies on TTM 30598 remaining in place. Any changes to the Specific Plan would require a Specific Plan Amendment, therefore, it is in the best interest of future development of the Plan to provide a fifteen -year extension to the TTM 30598. In exchange for the fifteen -year time extension to the TTM, the following terms are proposed: • TTM 30598 Extension of Time for fifteen years. • A Tentative Tract Extension Fee of $150,000 with one-half ($75,000), due within fifteen days following the Effective Date of the Development Agreement. The PAGE NO. 3 PACKET PAGE: 155 AGENDA ITEM 3A.9 remaining paid annually in $5,000 for the fifteen year term of the Development Agreement. • A Development Agreement Fee of $1,000 per lot, due at Certificate of Occupancy. • Lock in of Development Impact Fees, as of the Effective Date. • Fee Credits for Parks, Storm Drain, and Local Transportation. • Pay a "Fair Share" contribution in the amount of $346,285.43 for the Lyon Avenue. The Development Agreement would have a positive fiscal impact for the City with infrastructure improvements and homes being constructed and a Tentative Tract Extension Fee and Development Agreement Fees paid to the City. The Tentative Tract Extension Fee and Development Agreement Fees will be deposited in the City's General Fund account. ENVIRONMENTAL ANALYSIS: The project was adequately analyzed in earlier an adopted mitigated negative declaration for the Tentative Tract Map (prior to recordation). Moreover, a subsequent mitigated negative declaration is not required, because there are no changed circumstances pursuant to Section 15162. FISCAL IMPACT: The Development Agreement would have a positive fiscal impact for the City with infrastructure improvements and homes being constructed. The Development Agreement also includes provisions for a Tentative Map Extension Fee of $150,000 paid to the City's General Fund Account. The Development Agreement Fee will be in the amount of $1,200 per lot, paid at issuance of a Certificate of Occupancy, which will be deposited in the City's General Fund account. ATTACHMENTS: Proposed City Council Ordinance 16-07 Development Agreement 16-1 Tract Map 30598 Planning Commission Resolution No. 16-07 PAGE NO. 4 PACKET PAGE: 156 AGENDA ITEM 3A.9i m zp o z; Z V N o C az 0 150 300 600 SILVERSTONE DEVELOPMENT CO., INC. THE TRAILS A T SA N JACINTO PACKET PAGE: 157 `I■ MI 1D 1I EL 1F EF 1r El 111 Ef 11 1! ' 1! ! AGENDA ITEM 3A.9 Recorded at request of: ) Clerk, City Council ) City of San Jacinto ) ) When recorded return to: ) City of San Jacinto ) 595 S. San Jacinto Ave. ) San Jacinto, CA 92583 ) Attention: City Clerk ) ) Exempt from Filing Fees, Government Code Section 6103 DEVELOPMENT AGREEMENT NO. 16-1 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JACINTO, a California municipal corporation and SACJAC I, LLC, a Delaware limited liability company 24438.80041\25626551.13 PACKET PAGE: 159 AGENDA ITEM 3A.9 DEVELOPMENT AGREEMENT NO. 16-1 This Development Agreement (hereinafter "Agreement") is entered into by and among the CITY OF SAN JACINTO, a California municipal corporation (hereinafter "CITY"), and SACJAC I, LLC, a Delaware limited liability company (hereinafter "OWNER"): RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, the environmental impacts of the Project and this Agreement, including the Development Approvals, have previously been properly reviewed and assessed by CITY pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), California Code of Regulations Title 14, Section 15000 et seq. (the "CEQA Guidelines") and the CITY's local CEQA guidelines; and WHEREAS, on July 18, 2016, the City of San Jacinto Planning Commission conducted a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding this Agreement, and at which time the Planning Commission thoroughly reviewed this Agreement, and thereafter recommended to the City Council of the City of San Jacinto that the City Council approve and adopt this Agreement; WHEREAS, on August 2, 2016, the San Jacinto City Council conducted a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding this Agreement, and at which time the City Council thoroughly reviewed this Agreement; and WHEREAS, on August 2, 2016, pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto (the "Planning Commission"), the City Council has determined that it can be seen with certainty that the approval of this Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines; and 24438.80041\25626551.13 -1- PACKET PAGE: 160 AGENDA ITEM 3A.9 WHEREAS, on August 2, 2016, following the conclusion of the public hearing and adoption of the Notice of Determination, the City Council conducted the first reading of the ordinance approving and adopting this Agreement, and WHEREAS on September 6, 2016, the City Council conducted a second reading (adoption) of the ordinance approving and adopting this Agreement; and WHEREAS, this Agreement and the Project are consistent with the CITY's Comprehensive General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 follows: Definitions. The following terms when used in this Agreement shall be defined as 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "CITY" means the City of San Jacinto, a municipal corporation, organized and existing pursuant to the laws of the State of California. 24438.80041\25626551.13 -2- PACKET PAGE: 161 AGENDA ITEM 3A.9 1.1.3 "Circulation Element Roads" means those roads that are required to be improved pursuant to any conditions imposed on the Project, which roads are also identified as circulation roads that have been included in the City's development impact fee nexus study. 1.1.4 "City Council" means the duly elected and constituted city council of CITY. 1.1.5 "Dedication Requirement" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.6 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.7 "Development Agreement Policies" means those certain development agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18, 2002, as amended. 1.1.8 "Development Approvals" means all permits and other entitlements for use, subject to approval or issuance by CITY in connection with the Development, including, but not limited to: (a) specific plans and specific plan amendments; (b) tentative and final subdivision and parcel maps; (c) conditional use permits, public use permits and plot plans; (d) zoning; and (e) grading and building permits. 1.1.9 "Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.10 "Development Fee Schedule" means the schedule of Development Impact Fees in effect as of the Effective Date of this Agreement. A copy of the Development Fee Schedule is attached as Exhibit "E" and incorporated herein. 24438.80041\25626551.13 -3- PACKET PAGE: 162 AGENDA ITEM 3A.9 1.1.11 "Development Impact Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by CITY to OWNER in connection with approval of the Development for the purpose of defraying all or a portion of the cost of public facilities related to the Project, but does not include park "in lieu" fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Section 65864, et seq. of the Government Code. The term "Development Impact Fee" expressly includes any impact, public facilities or impact fee as set forth in Section 202 of the Development Agreement Policies 1.1.12 "Development Impact Fee Limitation Period" means the period of time that shall be coterminous with the initial fifteen (15) year term of this Agreement during which all Development Impact Fees charged by the CITY on or after the Effective Date of this Agreement shall be charged to the Project at the rates charged as of the Effective Date. 1.1.13 "Development Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.14 "Effective Date" means the date the ordinance approving this Agreement becomes effective. 1.1.15 "Existing Development Approvals" means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Approvals which are a matter of public record on the Effective Date. 1.1.16 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit "D" and all other Regulations which are a matter of public record on the Effective Date. 1.1.17 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; and/or 24438.80041\25626551.13 -4- PACKET PAGE: 163 AGENDA ITEM 3A.9 (e) the exercise of the power of eminent domain. 1.1.18 "Mitigated Negative Declaration" means that certain Mitigated Negative Declaration and Mitigation Monitoring Program adopted by the City for the Project. 1.1.19 "MDP" means the San Jacinto Valley Master Drainage Plan and the San Jacinto Regional Area Drainage Plan Amendment that was adopted by the San Jacinto City Council by resolution on January 14, 2013. 1.1.20 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.21 "OWNER" means the persons and entities listed as OWNER on page 1 of this Agreement and its successor(s) in interest to all or any part of the Property. 1.1.22 "Planning Area" means that planning area as outlined under the Trails Specific Plan. 1.1.23 "Planning Commission" means the duly appointed and constituted planning commission of CITY. 1.1.24 "Project" means the development of the Property contemplated by the Development Plan as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.25 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement. 1.1.26 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement. 1.1.27 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with the Development. 1.1.28 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.1.29 "Trails Specific Plan" means that certain Trails Specific Plan, Specific Plan No. 01-03, approved by CITY on April 15, 2004 and July 15, 2004, which is one of the Existing Development Approvals and is described in Exhibit "C". 1.1.30 "TTM 30598" means Tentative Tract Map No. 30598, which is one of the Existing Development Approvals and is described in Exhibit "C". 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 24438.80041\25626551.13 -5- PACKET PAGE: 164 AGENDA ITEM 3A.9 Exhibit "A" — Legal Description of the Property. Exhibit "B" — Map showing Property and its location. Exhibit "C" — Existing Development Approvals. Exhibit "D" — Existing Land Use Regulations. Exhibit "E" — Development Fee Schedule. Exhibit "F" — TUMF Fee/Credit Reimbursement Agreement. Exhibit "G" — Purchase Agreement and Escrow Instructions (Barratt and Calvin Smith). 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership of Property. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof. 2.3 Term. The initial term of this Agreement ("Term") shall commence on the Effective Date, and shall continue for a period of fifteen (15) years thereafter unless this Term is modified or extended pursuant to the provisions of this Agreement. 2.4 Assignment. 2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm or corporation at any time during the Term; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the 24438.80041\25626551.13 -6- PACKET PAGE: 165 AGENDA ITEM 3A.9 failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. OWNER shall have the right to reserve from any assignment made pursuant to this Subsection 2.4.1 any or all right, title and interest in and to a credit or reimbursement pursuant to Section 4.2.3 of this Agreement; provided however, that the existence and extent of any such reservation shall be expressly referred to in the written agreement required by Section 2.4.1(b), above. 2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring OWNER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring OWNER of the following conditions: of the Property. (a) OWNER no longer has a legal or equitable interest in all or any part (b) OWNER is not then in default under this Agreement. (c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder. 2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall automatically terminate with respect to any such lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) A certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4.2 of this Agreement have been paid. 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in 24438.80041\25626551.13 -7- PACKET PAGE: 166 AGENDA ITEM 3A.9 Government Code Section 65868 and Article 5 of the Development Agreement Policies. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement, including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement based on any default of OWNER and following the termination proceedings required by Articles 7 and 8 of the Development Agreement Policies. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY. Upon the termination of this Agreement by a third -party developer other than OWNER, this Agreement and TTM 30598 shall expire, and the Tentative Tract Map Extension Fee due hereunder shall no longer be due and payable. Upon the expiration or termination of this Agreement for any reason, the Tentative Tract Map Extension Fee due hereunder shall no longer be due and payable. 2.7 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the 24438.80041\25626551.13 -8- PACKET PAGE: 167 AGENDA ITEM 3A.9 courier company after transmission by courier to the recipient named below. All notices shall be addressed as follows: If to CITY: City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA 92583 Attn: City Manager Telephone: (951) 487-7342 Facsimile: (951) 654-3728 Copy to: Best, Best & Krieger, LLP 300 South Grand Avenue 25th Floor Los Angeles, CA 90071 Attn: City Attorney Telephone: (213) 617-8100 Facsimile: (213) 617-7480 If to OWNER: SacJac I, LLC c/o Thomas L. Olds, Jr. Generation Healthcare 20371 Irvine Avenue, Suite 210 Newport, CA 92660 Telephone: (714) 241-5600 Facsimile: (714) 434-3995 Copy to: And to: Lisa Kolieb Akerman 725 S. Figueroa Street, 38th Floor Los Angeles, CA 90017 Telephone: (213) 533-5947 Facsimile: (213) 599-2666 Kevin Monson 18430 Brookhurst Street, Suite 202 N Fountain Valley, CA 92708 Telephone: (714) 422-8541 Facsimile: (714) 964-2647 24438.80041\25626551.13 -9- PACKET PAGE: 168 AGENDA ITEM 3A.9 (c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Rights to Develop. Subject to the terms of this Agreement, including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be set forth in the Trails at San Jacinto Specific Plan, as approved on January 12, 2004 and updated July 15, 2004, and the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. 3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later -adopted initiative restricting the timing of development prevailing over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan set forth in Section 3.4. 3.3.1 Phasing of On -Site Development and Grading . The parties acknowledge that, due to factors that are not within the control of OWNER, including, but not limited to, market orientation and demand, interest rates, absorption, completion and other similar factors, OWNER cannot at this time predict the timing or rate of absorption for phases of the Property. OWNER therefore shall have the right to develop the private improvements on the Property in such order 24438.80041\25626551.13 -10- PACKET PAGE: 169 AGENDA ITEM 3A.9 and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, which may involve development of phases having fewer or more single family residential units and/or phases in a different order than represented on the Phasing Plan set forth in Section 3.4. In connection with such phasing, CITY, through the City Engineer, shall at all times retain ultimate authority and discretion to approve the proposed timing of such grading and construction of public improvements on the Property. Prior to issuance of grading permits, a focused traffic study shall be completed to address school related traffic at the extension of Chase Street and the recommendations will be subject to the review and approval of the City Engineer. 3.4 Phasing Plan. OWNER agrees to diligently prosecute to completion the development of the Project within fifteen (15) years following the Effective Date. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: or, (a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; (c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code. 3.6 Operating Memoranda. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the development and with respect to those items covered in general terms under this Agreement. If and when the parties mutually find that changes, adjustments, or clarifications without amendment to this Agreement are necessary, through operating memoranda mutually approved by the parties, which, after execution, shall be attached 24438.80041\25626551.13 -11- PACKET PAGE: 170 AGENDA ITEM 3A.9 hereto as addenda and become a part hereof and may be further changed and amended from time to time as necessary, with further approval by the City Manager, on behalf of CITY, and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer, on behalf of OWNER, then CITY and OWNER may enter into such operating memoranda. Unless otherwise required by law or by the Development Plan, no such changes, adjustments, or clarification by operating memoranda shall require prior notice or hearing. 3.7 Reservations of Authority. 3.7.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Dedication Requirements or Development Exactions; provided, however, that no such subsequently adopted Dedication Requirements or Development Exactions shall be applicable to development of the Property unless such Dedication Requirements or Development Exactions are applied uniformly to development throughout the CITY or within a defined area of benefit that includes the Property. No such subsequently adopted Dedication Requirement or Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Dedication Requirement or Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such subsequently adopted Dedication Requirement or Development Exaction for the fees paid under Section 4.2 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. 24438.80041\25626551.13 -12- PACKET PAGE: 171 AGENDA ITEM 3A.9 (g) Regulations which are in conflict with the Development Plan provided OWNER has given written consent to the application of such regulations to development of the Property. 3.7.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. 3.7.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.7.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract. 3.8 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements and standards as would be applicable to CITY or such other public agency should it have undertaken such construction. 3.9 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide, or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER'S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions 24438.80041\25626551.13 -13- PACKET PAGE: 172 AGENDA ITEM 3A.9 imposed by the CITY upon the Development under the Subdivision Map Act or other legal authority. 3.10 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the Development separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. 3.11 Tentative Tract Map Extension. The term of TTM 30598 and any tentative tract map(s), tentative subdivision map(s) or tentative parcel map(s) heretofore or hereafter approved in connection with the Development shall expire upon the expiration or earlier termination of this Agreement. Said term of such map(s) shall be the sole and exclusive term and shall be in lieu of any other term or term extension provided for pursuant to the Subdivision Map Act, CITY ordinance, or any combination thereof. 3.12 Amendment(s) to Tentative Tract Map(s); Recordation of Final Tract Map(s). Any amendment to an existing tentative tract map, heretofore or hereafter approved in connection with the Development, which is deemed "minor" in accordance with Section 3.5 of this Agreement shall not require an amendment to this Agreement. Subject to applicable provisions of the Subdivision Map Act (Government Code Section 66410 et seq.), OWNER may record final tract maps on a phased basis. 3.13 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with the Development, is a vesting map under the Subdivision Map Act and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 3.14 Utilities. In accordance with Section 201(h) of the Development Agreement Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for CITY -owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties. 3.15 Maintenance of Property. OWNER agrees to maintain the Property such that it does not become a nuisance for the duration of this Agreement. OWNER shall ensure that the fence located along the southern property line is continually maintained in good repair for the term of this Agreement. 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that the Development will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which 24438.80041\25626551.13 -14- PACKET PAGE: 173 AGENDA ITEM 3A.9 should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project. 4.2 Development Impact Fees. 4.2.1 Amount of Fee during Development Impact Fee Limitation Period. During the Development Impact Fee Limitation Period, all Development Impact Fees charged by the CITY on or after the Effective Date shall be charged to the Project at the rates charged as of the Effective Date, as set forth on Exhibit "E" attached hereto and incorporated herein by this reference. 4.2.2 Time of Payment. The Development Impact Fees set forth in Exhibit "E" shall be paid to CITY at the time(s) set forth in CITY ordinances, resolutions, regulations, and policies, as may be amended. 4.2.3 Future Development Impact Fees. Except as expressly provided for in this Section 4.2, CITY hereby agrees that neither the Property nor the Project shall be subject to any Development Exaction or Development Impact Fee that CITY may enact, amend, alter, adopt, or impose on or after the Effective Date; provided, however, that OWNER may in its sole discretion, consent to the application of such Development Exactions or Development Impact Fees to the Property in which OWNER has a legal or equitable interest. 4.3 Development Impact Fee Credits. In accordance with Section 202 of the Development Agreement Policies, OWNER shall be entitled only to fee credits set forth in this Section 4.3. In accordance with Section 201(f) of the Development Agreement Polices, there shall be no "cross -category" credit of Development Impact Fees that would result in any credit being applied to any category of Development Impact Fees other that the category of Development Impact Fees in which the excess public improvements are classified. To the extent any improvements for which credits are to be provided to OWNER are located outside of the territorial jurisdiction of CITY (i.e., County of Riverside), the CITY shall exercise good faith efforts to coordinate the provision of credits to OWNER by the County of Riverside. 4.3.1 Storm Drain. In consideration of the design, construction, and dedication of storm drain facilities as set forth in the Trails Specific Plan and the Conditions of Approval, CITY shall provide OWNER with a credit against the Flood Control Development Impact Fee the Project would otherwise be required to pay, as it applies to the CITY. Such credit shall not exceed the demonstrated actual costs incurred by OWNER in designing and constructing such improvements. CITY shall not be responsible for credits to or from Riverside County Flood Control or any other County of Riverside agency. CITY shall not be responsible for any review or approval required by Riverside County Flood Control or any other County of Riverside agency that may be required to secure such credit. 4.3.2 Park Fee. In consideration of the design, construction, and dedication of the park and facilities as set forth in the Trails Specific Plan and the Conditions of Approval, CITY shall provide OWNER with a credit against the Park Development Impact Fees the Project would 24438.80041\25626551.13 -15- PACKET PAGE: 174 AGENDA ITEM 3A.9 otherwise be required to pay. Such credit shall not exceed the demonstrated actual costs incurred by OWNER in designing and constructing such improvements. 4.3.3 Local Transportation Fee. In consideration of the design, construction, and dedication of Circulation Element Roads as set forth in the Trails Specific Plan and including the State Street Improvements, Lyon Avenue Improvements, and Record Road Improvements, CITY shall provide OWNER with a credit, to the extent OWNER is not already receiving TUMF credit for the same road improvements, against the Road Development Impact Fees the Project would otherwise be required to pay. Such credit shall not exceed the demonstrated actual costs incurred by OWNER in designing and constructing such improvements. 4.4 Development Agreement Fee. In addition to the Development Impact Fees and other obligations of OWNER contained in this Agreement, the Project shall also be subject to a "Development Agreement Fee." The Development Agreement Fee shall be paid to CITY and shall cover the initial Term of fifteen (15) years of this Agreement. The Development Agreement Fee shall be Seven Hundred Fifty Dollars ($750.00) per single-family residential unit for the first ten (10) years of this Agreement and Two Thousand Dollars ($2,000.00) per single-family residential unit for the final five (5) years of the term of this Agreement. The Development Agreement Fee shall not be used to offset any Development Impact Fee(s). OWNER shall not be entitled to any credit against the Development Agreement Fee resulting from OWNER' s provision of public improvements as required by the Development Plan or this Agreement. 4.4.1 Time of Payment. The Development Agreement Fee required pursuant to Section 4.3 shall be paid to CITY prior to, and as a condition precedent to, the issuance of the certificate of occupancy for each residential unit. 4.4.2 Development Agreement Processing Fee and Deposit(s). In addition to the Development Agreement Fee, OWNER shall pay CITY a one-time fee separately for processing of the Development Agreement (`Development Agreement Processing Fee") in the amount of Five Thousand Dollars ($5,000.00) and an Administration Fee of Two Thousand Two Hundred Fifty Dollars ($2,250). In addition, OWNER shall pay CITY separately a deposit for the planning and legal costs associated with the preparation and processing of the Development Agreement. The planning and legal deposit (`Legal Expense Deposit") shall be in the amount of Fifteen Thousand Dollars ($15,000.00). CITY acknowledges receipt of OWNER's prior payment of the Processing Fee, Administration Fee, and the Legal Expense Deposit. Should the planning and legal costs associated with the preparation and processing of the Development Agreement exceed OWNER's Legal Expense Deposit, CITY reserves the right to require OWNER to pay an additional deposit prior to recordation to cover the cost of such planning and legal services. In addition, should the OWNER's Legal Expense Deposit exceed the actual planning and legal costs associated with the preparation and processing of the Development Agreement, such excess deposit funds shall be refunded to OWNER. 4.5 Tentative Tract Map Extension Fee. In addition to the Development Impact Fees, Development Agreement Fee, Development Agreement Processing Fee, Administration Fee, Legal Expense Deposit(s), and other obligations of OWNER contained in this Agreement, OWNER shall also pay CITY a Tentative Tract Map Extension Fee in the amount of One Hundred Fifty Thousand Dollars ($150,000.00) for the Property. OWNER shall pay one-half of the 24438.80041\25626551.13 -16- PACKET PAGE: 175 AGENDA ITEM 3A.9 Tentative Tract Map Extension Fee, or Seventy -Five Thousand Dollars ($75,000.00), within fifteen (15) days following the Effective Date of the Development Agreement. OWNER shall pay the remaining one-half of the Tentative Tract Map Extension Fee, or Seventy -Five Thousand Dollars ($75,000.00), in annual payments within thirty (30) days following receipt of an invoice from CITY for such payment. OWNER shall pay to CITY the entire Development Agreement Extension Fee in the total amount of One Hundred Fifty Thousand Dollars ($150,000.00) prior to, and as a condition precedent to, commencement of the Final Phase of the Development. 4.6 Lyon Avenue Traffic Signal. Pursuant to certain conditions of approval applicable to the Trails Specific Plan and TTM 30598, a traffic signal is required to be installed at Lyon Avenue and Ramona Expressway, prior to issuance of any occupancy permits. Subsequent to the approval of the Trails Specific Plan and TTM 30598, said signal was installed pursuant to a Fair Share Contribution and Reimbursement Agreement that was entered into February 7, 2008. Therefore, the OWNER shall pay the Fair Share contribution of 26.8% in the amount of $346,285.43, prior to issuance of any occupancy permits. 4.7 TUMF Fee Credits. To the extent and in consideration of the Project's design and construction of facilities included in the Transportation Uniform Mitigation Fee ("TUMF") program network, CITY agrees to enter into a TUMF Fee Credit and Reimbursement Agreement in substantially the same form as the Western Riverside Council of Governments' model "Improvement and Credit/Reimbursement Agreement for Transportation Uniform Mitigation Fee Program" attached hereto as Exhibit "F" and incorporated herein by this reference. All TUMF Fee Credits are subject to the review and approval of the Western Riverside Council of Governments. CITY shall not be responsible for reimbursing or paying any TUMF Fee Credits or providing any reimbursements, offset or other consideration, as part of the TUMF Fee Credit and Reimbursement Agreement. 4.8 Other Fees. In addition to the Development Impact Fees, Development Agreement Fee, Development Agreement Processing Fee and Legal Expense Deposit(s), Development Agreement Extension Fee, and other obligations of OWNER contained in this Agreement, OWNER shall also be responsible for payment of all Transportation Uniform Mitigation Fees (TUMF) and Multiple Species Habitat Conservation Plan Fees (MSHCP). Further, OWNER additionally shall be responsible for payment of all relevant fees and assessments for Community Facilities District (CFD), Assessment District (AD), and Landscape, Lighting and Park District No. 2 (LLPD No. 2). 5. FINANCING OF PUBLIC IMPROVEMENTS 5.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan. The parties further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 Cooperation. If deemed appropriate, CITY and OWNER will cooperate in the formation of any special assessment district, community facilities district or alternate financing 24438.80041\25626551.13 -17- PACKET PAGE: 176 AGENDA ITEM 3A.9 mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. CITY also agrees that, to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds. 6. REVIEW FOR COMPLIANCE. 6.1 Periodic Review. The Development Director shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the Development Director, within thirty (30) days after written notice from the Development Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of this Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The Development Director shall conduct such special reviews. 6.3 Procedure. (a) During either a periodic review or a special review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on OWNER. (b) Upon completion of a periodic review or a special review, the Development Director shall submit a report to the City Council setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his or her recommended finding on that issue. (c) If the City Council finds on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (d) If the City Council makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Council may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent with, proceedings under Section 6.4 and Section 6.5. 6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: 24438.80041\25626551.13 -18- PACKET PAGE: 177 AGENDA ITEM 3A.9 (a) The time and place of the hearing; (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and (c) Such other information as is reasonably necessary to inform OWNER of the nature of the proceeding. 6.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 6.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating that after the most recent periodic or special review and based upon the information known or made known to the Development Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a periodic or special review and shall state the anticipated date of commencement of the next periodic review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Development Director or City Council. 6.7 Estoppel Certificates. A party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate"). A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The Development Director or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or other authorized representative of OWNER may sign on behalf of OWNER. An Estoppel Certificate is intended to be relied on by assignees and Mortgagees. If one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with providing the Estoppel Certificate. The Estoppel Certificate shall address issues such as whether: of the parties. (a) The Agreement is in full force and effect and is a binding obligation 24438.80041\25626551.13 -19- PACKET PAGE: 178 AGENDA ITEM 3A.9 (b) The Agreement has been amended or modified either orally or in writing and, if so amended, identifying the amendments. (c) A default in the performance of the requesting party's obligations under the Agreement exists and, if a default does exist, the nature and amount of any default. Whether or not the Estoppel Certificate is relied upon by assignees or other transferees or OWNER or CITY, the preparing party shall not be bound by an Estoppel Certificate if a default existed at the time of the issuance of the Estoppel Certificate, but was concealed from or otherwise not known to the preparing party. 7. DEFAULT AND REMEDIES. 7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or (b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or (c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 7.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against CITY as provided in Section 7.1 above. (b) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. 24438.80041\25626551.13 -20- PACKET PAGE: 179 AGENDA ITEM 3A.9 7.3 Release. Except for nondamage remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement. 7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.5 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such 60-day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 7.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8. THIRD PARTY LITIGATION. 8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan (`General Plan"), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY's determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. 24438.80041\25626551.13 -21- PACKET PAGE: 180 AGENDA ITEM 3A.9 8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding. 8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER' s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action. 8.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action. 8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 8.6 Survival. The provisions of Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER' s sole discretion, from encumbering the Property or any portion thereof or 24438.80041\25626551.13 -22- PACKET PAGE: 181 AGENDA ITEM 3A.9 any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER' s obligations under this Agreement. (c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER' s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall 24438.80041\25626551.13 -23- PACKET PAGE: 182 AGENDA ITEM 3A.9 be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6 Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one OWNER, all obligations of such OWNERS under this Agreement shall be joint and several, and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single lot which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 10.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, 24438.80041\25626551.13 -24- PACKET PAGE: 183 AGENDA ITEM 3A.9 earthquakes, other Acts of God, fires, wars, riots or similar hostilities, acts of terrorism, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this 24438.80041\25626551.13 -25- PACKET PAGE: 184 AGENDA ITEM 3A.9 Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Development Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 10.20 Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference as if fully set forth herein. 10.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder. 10.22 Prior Purchase Agreement. The parties acknowledge and agree that this Agreement does not supersede, replace, or extinguish the existing Purchase Agreement and Escrow Instructions, dated April 13, 2004, between OWNER's predecessor -in -interest, Barratt American, Inc., and Calvin L. Smith, as amended (the "Prior Purchase Agreement"). OWNER agrees to assume the rights and responsibilities of its predecessor -in -interest pursuant to the Prior Purchase Agreement and to honor the rights and responsibilities of Calvin L. Smith, if properly exercised in accordance with the Prior Purchase Agreement. CITY is not a party to the Prior Purchase Agreement and shall bear no responsibilities to OWNER or Calvin L. Smith pursuant to the Prior Purchase Agreement. 10.23 Prior Development Agreement. The parties acknowledge and agree that this Agreement supersedes and replaces in its entirety Development Agreement No. 05-25 dated October 20, 2005 between the City and OWNER's predecessor -in -interest, Barratt American, Inc., as amended (the "Prior Development Agreement") and that the Prior Development Agreement has expired in accordance with its terms and is no longer in force or effect. At the request of OWNER made on or after the Effective Date, CITY agrees, at no cost to CITY, to execute and deliver to 24438.80041\25626551.13 -26- PACKET PAGE: 185 AGENDA ITEM 3A.9 OWNER in recordable form any document that OWNER may submit to confirm expiration of the Prior Development Agreement and the release of the Property therefrom. IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. [***SIGNATURES ON FOLLOWING PAGE***] 24438.80041\25626551.13 -27- PACKET PAGE: 186 AGENDA ITEM 3A.9 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT NO. 16-1 BY AND BETWEEN CITY OF SAN JACINTO AND SACJAC I, LLC OWNER SACJAC I, LLC, a Delaware limited liability company By: Its: Dated: CITY CITY OF SAN JACINTO, a California municipal corporation By: Andrew Kotyuk, Mayor Dated: ATTEST: By: Peggy Johns, Interim City Clerk APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP City Attorney 24438.80041\25626551.13 -28- PACKET PAGE: 187 AGENDA ITEM 3A.9 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION TRACT NO. 30598 Real property in the City of San Jacinto, County of Riverside, State of California, described as follows: PARCEL 1: (433-030-002-9) LOTS 1 TO 12 INCLUSIVE AND LOT "A" AS SHOWN BY AMENDED MAP OF WILLOWBROOK TRACT NO. 1 ON FILE IN BOOK 16 PAGE 14 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; SAID PROPERTY IS ALSO SHOWN ON RECORD OF SURVEY ON FILE IN BOOK 22 PAGE 22 OF RECORDS OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 2: (433-030-001-8) THE NORTH THREE-QUARTERS OF FARM LOT 114 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; EXCEPTING THEREFROM THE PORTION IN WILLOWBROOK TRACT NO. 1, AS SHOWN BY AMENDED MAP ON FILE IN BOOK 16 PAGE 14 OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 3: (436-070-008-0) PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT NO. 06-05, AS EVIDENCED BY DOCUMENTS RECORDED JULY 6, 2006 AS INSTRUMENT NOS. 2006-0491498 AND 2006-0491499, BOTH OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THOSE PORTIONS OF PARCELS A AND B OF CERTIFICATE OF COMPLIANCE IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, RECORDED OCTOBER 15, 1991 AS INSTRUMENT NO. 354897, OF OFFICIAL RECORDS OF SAID COUNTY TOGETHER WITH A PORTION OF THE NORTHEAST QUARTER AND THE NORTH HALF OF THE SOUTHEAST QUARTER OF FARM LOT 115 OF THE LANDS OF SAN JACINTO LAND ASSOCIATION SHOWN BY A MAP ON FILE IN BOOK 8, PAGE 357, OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT DISTANT NORTH 89° 54' 04" WEST 1454.81 FEET FROM THE NORTHEAST CORNER OF SAID LOT; -A-1- PACKET PAGE: 188 24438.80041\25626551.13 AGENDA ITEM 3A.9 THENCE LEAVING SAID LINE, SOUTH 5° 43' 14" EAST 990.62 FEET; THENCE SOUTH 12° 31' 11" EAST 352.59 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 570.00 FEET; THENCE SOUTHERLY 198.85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19° 59' 18"; THENCE NON - TANGENT FROM SAID CURVE, SOUTH 60° 32' 33" EAST 230.86 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1400.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 61° 53' 36" EAST; THENCE SOUTHWESTERLY 405.29 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16° 35' 12.; THENCE TANGENT FORM SAID CURVE, SOUTH 44° 41' 36" WEST 44.21 FEET TO THE SOUTHERLY LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID LOT. EXCEPT THAT PORTION INCLUDED WITHIN RECORD ROAD AS DESCRIBED IN A DEED TO THE COUNTY OF RIVERSIDE RECORDED MARCH 28, 1911, IN BOOK 327, PAGE 67 OF DEEDS, RECORDS OF SAID COUNTY, LYING NORTHERLY OF A LINE PARALLEL WITH AND 20.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT. ALSO EXCEPT THAT PORTION INCLUDED WITHIN POTTER ROAD AS DESCRIBED IN DEEDS TO THE COUNTY OF RIVERSIDE RECORDED MARCH 28, 1911, IN BOOK 327 PAGE 67 OF DEEDS AND JULY 17, 1973 AS INSTRUMENT NO. 93197 OF OFFICIAL RECORDS OF SAID COUNTY, LYING SOUTHERLY OF A LINE PARALLEL WITH AND 20.00 FEET SOUTH OF THE NORTH LINE OF SAID LOT, NORTHERLY OF THAT PORTION OF SAID POTTER ROAD ABANDONED BY RESOLUTION NO. 74-27 OF THE BOARD OF SUPERVISORS OF SAID COUNTY RECORDED FEBRUARY 3, 1974 AS INSTRUMENT NO. 16145 OF SAID OFFICIAL RECORDS, AND EASTERLY OF THE EAST LINE OF THE LAND INCLUDED WITH PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 15, 1991 AS INSTRUMENT NO. 354897 OF SAID OFFICIAL RECORDS. -A-2- 24438.80041\25626551.13 PACKET PAGE: 189 AGENDA ITEM 3A.9 EXHIBIT "B" PROPERTY MAP [***ATTACHED BEHIND THIS PAGE***] -B-1- 24438.80041\25626551.13 PACKET PAGE: 190 AGENDA ITEM 3A.9 �,.M. itaamdwrerLisoarer,.nwo. JI0 rota LOT Mn Ail Miff VACANT AIY 4e641-409 A w lao-2 tTialr-A.?,4TVW, lor::-_-[FPfkcliA d,(4/0 \\:,4,"id 0 L/0 300 070 SILVLASIONE DEVELOYMENI CO., INC. Ara. aoawKon A UHF Tract Number Exhibit THE TRAILS AT SAN JACINTO JULY 2004 24435.8(X)41125626551.13 PACKET PAGE: 191 AGENDA ITEM 3A.9 EXHIBIT "C" EXISTING DEVELOPMENT APPROVALS The Trails Specific Plan No. 01-03, approved April 15, 2004 and Updated July 15, 2004 Tentative Tract Map No. 30598 -C-I- 24438.80041\25626551.13 PACKET PAGE: 192 AGENDA ITEM 3A.9 EXHIBIT "D" EXISTING LAND USE REGULATIONS City of San Jacinto General Plan City of San Jacinto General Plan Map City of San Jacinto Development Code City of San Jacinto Zoning Map City of San Jacinto Municipal Code -D-1- 24438.80041\25626551.13 PACKET PAGE: 193 AGENDA ITEM 3A.9 EXHIBIT "E" DEVELOPMENT FEE SCHEDULE Rev: 1317.10612015 Feb Type s Ingle Fa mny Resld5nbal HuIS Family Ras Inpq Retell Cammerc5 I lion -Retail camm f Ind Corn msnte Government SBMr:ee .`.'+]!_a:tuir c.5T0.'irll ;a2,..D3.1:13.'acr s169:.3asre rwatieplor la vial nspetan Flood Cc i5nl Improvement 53291acre SE. 39C:xe 59,E91acre 59.9E0:acre Payable a: tul:Irg permt aSUT1 Traffic Sigmallalcs Roar;ans:nlc:od 3kesa}s Turn 51,48a.c .js -Ilrg an 5 49.61•Lh1c41rg LW 5 25511-yaY.ellr9 J^II 5'.23E03.dANl rig in: 11 �]:.-AHlisg lilt. 5 2'E0]::dAe line u'Ir 57,22.3.EG'acre S] S1,26].1:1-xxre - _._are .. 81 :c= -- Paya:'E : -...,.:- Pap: e :-: ". ': ..:. =a•r E :-:..:' ; - WaterCapttalImprodlrmant 52E3lcure Ir-JLr: 52:K.2%1m-111cc lilt. Ca9Tsire as IMd.VC WTF::"a:; _'. ;,_ pqr SeWi rFed 52]C.•]Gd.NHIr Ul: .52E.].9U.Ghe IN Jrll S2eD.•.C:1S FFLI i21:17.62.'8 =F,. =a is i " :3:2:.:' Pubic Safety Facilities Pal ce F3cINes Fir F3cIItles 519EACi51lIrg Ul: :212.] elln]ul: 5- 93.20.7Ae Irg Jrtl 5'73.2C 2.r=Irp Jrn 52,C12.1ade 51.242.1111eaae g2:C12A63:ie S 88OAd'aae Para: a :' I ' ' C "3 .lspe::.:' Pall: e:': :'`7 llepee:.:' Par]:E:'. -'AEI'Mrex`.' Park and Open Space FacIIIOeB Pak Fadlq Imrniere is Pal Lan: AagLlE:o1 Pik Lard IRON'.eTe1tE 5 683.C11rmael lrg Jrll 51,131.catlxellrg ill 51 ♦29o.caG.Sellr. aril - - -- :: nerhe lilt. : . - -::. a -: u1r . .. _ ... : -: in: S] S] S] Sri Sri go Pays:E:': ' :'•5 :1SFezc' Para: E : ":'.._I 1SFezc' Pa?3: a : : ":''a 1SFez c' Pa.'3: a :..:..:' a Time::::' 3lleet agqrs 51'15.a6alcl 'Picr:id"' .. Wiling Permit Surcharge 1% al TetaesrTtt Fee i:Uln. St.DU; Max SSD.CD: - -e..: Fee - _ ..• ::=-II 1%ar Tell Permit Fee Mn. 51.DU; Max g59.00} 1% eiTcrial Penns Fee (Mn. 51.20; Matt 550.•]CJ Pala: a 7::. `_a-mt se. }':i anent Plannln5 55].D0tixelinngg wit i:E ]_ 2r.E, 1. Ur D.E st.. a bkk1 area C.o2M.. ur una. am -a Para: E :.:..:'.._I Mr -EL -SC' Advance Planning 515C.06'dAellrg in: 5' 6].2C15. a Irg Jrtl D.6E:sr sl hldg. area C.ofi%i. of Wig. sea Pars: E :' :..:' . _I 1SFez c' Transperatlon IfnlrDrn Mltipaticn Fee Indlstrlal :.Erna- vorrxr;'a ,N31e3e31i Cris'.' 3rd Ti- Ol1 ee 58,673.Ca3114EF3rly Al .o-.o-.o-.......a.a...o-.o-.o- >o-,,,,,,•.•. - r- r--r-.s.m. >o-- -- -- - - ........> SG231 per IiLL null Ge 1.1 C U. Par acre cc mum to- quarry Ix mrltl family rale ................................x zxi,,,,,,,,, a>a>axi t,a...->.>.>.>.>.>.. 51C.441Sr. dr[wiring area ,,,,, ,,,,, ,,,,, ax >.>.>.>.>.>.>.>..... 51.73Rr. pr building area $4,1 GM. Di alJkllrig area S21510. al ptlk1Flg area Pala: a :.:..... IS e::.:' P JFI1 Spades Habitat Cprleervalcn Plan ReNdentlal - Singe Finlry, 8 DLFA.0 ReRdentlal - I ifI Fa lIy 8.1 - 14 C liA1C Reedenna-MJC F2 1Iryr 14.1 C irA.0 Car rrercial i rinusi1a1 51,E52- riesling lilt ........................ ........................ ...............>.>.>.>...b g1,25e::k`eling inn S 1.41s: McT.l int .. ....... 5.5515 r axe $6,645.1 acre Payable a: tui:Irg rermt MINIM ComminIty Amen Nee 5 630.Calluellne untl S 5320CdriAellklq lit. 5U Pestle vier Io'1a"15E 01 Aar3r=:-:-:c'�_ •: --� G1TYrietr 5 .c r IIllq unit S 17.o6'dAHingln: S 4%.61'acre 37.CG•acre CFC 2Cc 3-1 (Price and 9r enlsEE1 i96Try medal dams by GFedal CIs;H i96 by 31 Els5k TiPP❑ ay GFesa :tlds lay 3: _ 7:::-:: _ :3HDn CPC. moil [pedal Tax 91 5309.9i clwA!Fq ugh 5683.E-1.' Myellr.:rd aunt So.244,-ear wit of nag area Para: e :::. - - e _ __:2-1 Road iti Fr.EfelMl i9C by Districts Yes Yes YEs Pan: _':_:=:: - - anon Pa1'a:,:::.:=::I:n - = _ar. park Ualr.: IUD b J c4a lets Yes Yes YEs Manta {C r.a:er rnelEvs{• nta .ales unyr ChecS.I ,.,M❑ Yes Yes Yes Pa.3cls .r. '=:.=:: otr.e. Agencies: ,7an.acrrb Viler 5Islrct Ca1951-E4-733T Eale'n Ian cipa Water DIGncr Cai 451-428-3727 _Ske -1 Tet V.3:SrD=cc Cal 951-EF'-'011.1 5an.aGnV Jrrned Debra:. 7etdct Cal 951-9r -T700 1eTe: LrnfES ;ciwol Dselrn Ca1951-i&r5100 The Transportation Uniform Mitigation Fees and Multiple Species Habitat Conservation Plan Fees shall not be set or locked in by this Agreement. Such fees shall be the amounts in place at the time of final inspection of building permit, as applicable. -E-1- 24438.80041\25626551.13 PACKET PAGE: 194 AGENDA ITEM 3A.9 EXHIBIT "F" IMPROVEMENT AND CREDIT/REIMBURSEMENT AGREEMENT FOR TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM [***ATTACHED BEHIND THIS PAGE***] -F-1- 24438.80041\25626551.13 PACKET PAGE: 195 AGENDA ITEM 3A.9 IMPROVEMENT AND CREDIT/REIMBURSEMENT AGREEMENT TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM This IMPROVEMENT AND CREDIT AGREEMENT ("Agreement") is entered into this day of , 20 , by and between the [**INSERT "City" OR "County"] of , [**a California municipal corporation or a subdivision of the State of California * *] ("AGENCY"), and , a California [**INSERT TYPE OF ENTITY - corporation, partnership, sole proprietorship or other legal entity**], with its principal place of business at [**ENTER ADDRESS**] ("Developer"). AGENCY and Developer are sometimes hereinafter referred to individually as "Party" and collectively as "Parties". RECITALS WHEREAS, Developer owns acres of real property located within the AGENCY of , California, which is more specifically described in the legal description set forth in Exhibit "A", attached hereto and incorporated herein by this reference (`Property"); WHEREAS, Developer has requested from AGENCY -certain entitlements and/or permits for the construction of improvements on the Property, which are more particularly described as ("Project"); WHEREAS, the AGENCY is a member agency of the Western Riverside Council of Governments ("WRCOG"), a joint powers agency comprised of the County of Riverside and 17 cities located in Western Riverside County. WRCOG is the administrator for the Transportation Uniform Mitigation Fee (-TUMF") Program; WHEREAS, as part of the TUMF Program, the AGENCY has adopted "Transportation Uniform Mitigation Fee Nexus Study: 2009 Update" ("2009 Nexus Study") WHEREAS, as a condition to AGENCY's approval of the Project, AGENCY has required Developer to construct certain street and transportation system improvement(s) of regional importance (-TUMF Improvements"); WHEREAS, pursuant to the TUMF Program, the AGENCY requires Developer to pay the TUMF which covers the Developer's fair share of the costs to deliver those TUMF Improvements that help mitigate the Project's traffic impacts and burdens on the Regional System of Highways and Arterials (also known as the "TUMF Network"), generated by the Project and that are necessary to protect the safety, health and welfare of persons that travel to and from the Project using the TUMF Network; WHEREAS, the TUMF Improvements have been designated as having Regional or Zonal Significance as further described in the 2009 Nexus Study and the 5 year Transportation Improvement Program as may be amended; WHEREAS, AGENCY and Developer now desire to enter into this Agreement for the -F-2- 24438.80041\25626551.13 PACKET PAGE: 196 AGENDA ITEM 3A.9 following purposes: (1) to provide for the timely delivery of the TUMF Improvements, (2) to ensure that delivery of the TUMF Improvements is undertaken as if the TUMF Improvements were constructed under the direction and authority of the AGENCY, (3) to provide a means by which the Developer's costs for project delivery of the TUMF Improvements and related right-of-ways is offset against Developer' s obligation to pay the applicable TUMF for the Project in accordance with the TUMF Administrative Plan adopted by WRCOG, and (4) to provide a means, subject to the separate approval of WRCOG, for Developer to be reimbursed to the extent the actual and authorized costs for the delivery of the TUMF Improvements exceeds Developer's TUMF obligation. NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and AGENCY hereby agree as follows: TERMS 1.0 Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 2.0 Construction of TUMF Improvements. Developer shall construct or have constructed at its own cost, expense, and liability certain street and transportation system improvements generally described as 'INSERT TUMF IMPROVEMENTS] , and as shown more specifically on the plans, profiles, and specifications which have been or will be prepared by or on behalf of Developer and approved by AGENCY, and which are incorporated herein by this reference ("TUMF Improvements"). Construction of the TUMF Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. Developer shall be responsible for the replacement, relocation, or removal of any component of any existing public or private improvement in conflict with the construction or installation of the TUMF Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of AGENCY and the owner of such improvement. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary to fully and adequately complete the TUMF Improvements. 2.1 Pre -approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the TUMF Improvements until all plans and specifications for the TUMF Improvements have been submitted to and approved by AGENCY. Approval by AGENCY shall not relieve Developer from ensuring that all TUMF Improvements conform with all other requirements and standards set forth in this Agreement. 2.2 Permits and Notices. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the TUMF Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work -G-3- 24438.80041\25626551.13 PACKET PAGE: 197 AGENDA ITEM 3A.9 in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. 2.3 Public Works Requirements. In order to insure that the TUMF Improvements will be constructed as if they had been constructed under the direction and supervision, or under the authority of, AGENCY, Developer shall comply with all of the following requirements with respect to the construction of the TUMF Improvements: (a) Developer shall obtain bids for the construction of the TUMF Improvements, in conformance with the standard procedures and requirements of AGENCY _ with respect to its public works projects, or in a manner which is approved by the Public Works Department. (b) The contract or contracts for the construction of the TUMF Improvements shall be awarded to the responsible bidder(s) submitting the lowest responsive bid(s) for the construction of the TUMF Improvements. (c) Developer shall require, and the specifications and bid and contract documents shall require, all such contractors to pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to otherwise comply with applicable provisions of the Labor Code, the Government Code and the Public Contract Code relating to public works projects of cities/counties and as required by the procedures and standards of AGENCY with respect to the construction of its public works projects or as otherwise directed by the Public Works Department. (d) All such contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the TUMF Improvements which they will construct in conformance with AGENCY's standard procedures and requirements. (e) Developer and all such contractors shall comply with such other requirements relating to the construction of the TUMF Improvements which AGENCY may impose by written notification delivered to Developer and each such contractor at any time, either prior to the receipt of bids by Developer for the construction of the TUMF Improvements, or, to the extent required as a result of changes in applicable laws, during the progress of construction thereof. Developer shall provide proof to AGENCY, at such intervals and in such form as AGENCY may require that the foregoing requirements have been satisfied as to the TUMF Improvements. 2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the TUMF Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The TUMF Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with AGENCY, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. -G-4- 24438.80041\25626551.13 PACKET PAGE: 198 AGENDA ITEM 3A.9 2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required, constructing the TUMF Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to TUMF Improvements. All work shall be done and the TUMF Improvements completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation it is determined that the public interest requires alterations in the TUMF Improvements, Developer shall undertake such design and construction changes as may be reasonably required by AGENCY. Any and all alterations in the plans and specifications and the TUMF Improvements to be completed may be accomplished without first giving prior notice thereof to Developer's surety for this Agreement. 3.0 Maintenance of TUMF Improvements. AGENCY shall not be responsible or liable for the maintenance or care of the TUMF Improvements until AGENCY approves and accepts them. AGENCY shall exercise no control over the TUMF Improvements until accepted. Any use by any person of the TUMF Improvements, or any portion thereof, shall be at the sole and exclusive risk of Developer at all times prior to AGENCY's acceptance of the TUMF Improvements. Developer shall maintain all of the TUMF Improvements in a state of good repair until they are completed by Developer and approved and accepted by AGENCY, and until the security for the performance of this Agreement is released. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by AGENCY. If Developer fails to properly prosecute its maintenance obligation under this section, AGENCY may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. AGENCY shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the TUMF Improvements or their condition prior to acceptance. 4.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of the construction of the TUMF Improvements, including, but not limited to, all plan check, design review, engineering, inspection, sewer treatment connection fees, and other service or impact fees established by AGENCY. 5.0 AGENCY Inspection of TUMF Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the TUMF Improvements, maintain reasonable and safe facilities and provide safe access for inspection by AGENCY of the TUMF Improvements and areas where construction of the TUMF Improvements is occurring or will occur. 6.0 Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the TUMF Improvements, -G-5- 24438.80041\25626551.13 PACKET PAGE: 199 AGENDA ITEM 3A.9 Developer shall provide to AGENCY such evidence or proof as AGENCY shall require that all persons, firms and corporations supplying work, labor, materials, supplies and equipment to the construction of the TUMF Improvements, have been paid, and that no claims of liens have been recorded by or on behalf of any such person, firm or corporation. Rather than await the expiration of the said time for the recording of claims of liens, Developer may elect to provide to AGENCY a title insurance policy or other security acceptable to AGENCY guaranteeing that no such claims of liens will be recorded or become a lien upon any of the Property. 7.0 Acceptance of TUMF Improvements; As -Built or Record Drawings. If the TUMF Improvements are properly completed by Developer and approved by AGENCY, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, AGENCY shall be authorized to accept the TUMF Improvements. AGENCY may, in its sole and absolute discretion, accept fully completed portions of the TUMF Improvements prior to such time as all of the TUMF Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the TUMF Improvements. Upon the total or partial acceptance of the TUMF Improvements by AGENCY, Developer shall file with the Recorder' s Office of the County of Riverside a notice of completion for the accepted TUMF Improvements in accordance with California Civil Code sections 8182, 8184, 9204, and 9208 (`Notice of Completion"), at which time the accepted TUMF Improvements shall become the sole and exclusive property of AGENCY without any payment therefore. Notwithstanding the foregoing, AGENCY may not accept any TUMF Improvements unless and until Developer provides one (1) set of "as -built" or record drawings or plans to the AGENCY for all such TUMF Improvements. The drawings shall be certified and shall reflect the condition of the TUMF Improvements as constructed, with all changes incorporated therein. 8.0 Warranty and Guarantee. Developer hereby warrants and guarantees all the TUMF Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the TUMF Improvements, for a period of one (1) year following completion of the work and acceptance by AGENCY (`Warranty"). During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the TUMF Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of AGENCY, and to the approval of AGENCY. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any TUMF Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following AGENCY's acceptance of the repaired, replaced, or reconstructed TUMF Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any TUMF Improvement following expiration of the Warranty or any extension thereof. Developer' s warranty obligation under this section shall survive the expiration or termination of this Agreement. 9.0 Administrative Costs. If Developer fails to construct and install all or any part of the TUMF Improvements, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to AGENCY for all administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred -G-6- 24438.80041\25626551.13 PACKET PAGE: 200 AGENDA ITEM 3A.9 in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. 10.0 Default; Notice; Remedies. 10.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if AGENCY determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, AGENCY may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within five (5) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, AGENCY may provide the Notice verbally, and Developer shall substantially commence the required work within twenty- four (24) hours thereof Immediately upon AGENCY's issuance of the Notice, Developer and its surety shall be liable to AGENCY for all costs of construction and installation of the TUMF Improvements and all other administrative costs or expenses as provided for in this Section 10.0 of this Agreement. 10.2 Failure to Remedy; AGENCY Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to AGENCY within the time frame contained in the Notice, AGENCY may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. AGENCY's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any of the TTJMF Improvements at the time of AGENCY's demand for performance. In the event AGENCY elects to complete or arrange for completion of the remaining work and the TUMF Improvements, AGENCY may require all work by Developer or its surety to cease in order to allow adequate coordination by AGENCY. 10.3 Other Remedies. No action by AGENCY pursuant to this Section 10.0 et seq. of this Agreement shall prohibit AGENCY from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. AGENCY may exercise its rights and remedies independently or cumulatively, and AGENCY may pursue inconsistent remedies. AGENCY may institute an action for damages, injunctive relief, or specific performance. 11.0 Security; Surety Bonds. Prior to the commencement of any work on the TUMF Improvements, Developer or its contractor shall provide AGENCY with surety bonds in the amounts and under the terms set forth below (`Security"). The amount of the Security shall be based on the estimated actual costs to construct the TUMF Improvements, as determined by AGENCY after Developer has awarded a contract for construction of the TUMF Improvements to the lowest responsive and responsible bidder in accordance with this Agreement (`Estimated Costs"). If AGENCY determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by -G-7- 24438.80041\25626551.13 PACKET PAGE: 201 AGENDA ITEM 3A.9 AGENCY. Developer's compliance with this Section 11.0 et seq. of this Agreement shall in no way limit or modify Developer's indemnification obligation provided in Section 12.0 of this Agreement. 11.1 Performance Bond. To guarantee the faithful performance of the TUMF Improvements and all the provisions of this Agreement, to protect AGENCY if Developer is in default as set forth in Section 10.0 et seq. of this Agreement, and to secure the one-year guarantee and warranty of the TUMF Improvements, Developer or its contractor shall provide AGENCY a faithful performance bond in an amount which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The AGENCY may, in its sole and absolute discretion, partially release a portion or portions of the security provided under this section as the TUMF Improvements are accepted by AGENCY, provided that Developer is not in default on any provision of this Agreement and the total remaining security is not less than ( %) of the Estimated Costs. All security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement. 11.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the TUMF Improvements and this Agreement, Developer or its contractor shall provide AGENCY a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of AGENCY after six (6) months from the date AGENCY accepts the TUMF Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which AGENCY is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of AGENCY's anticipated administrative and legal expenses arising out of such claims. 11.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best rating of at least "A" and FSC-VIII, shall be licensed to do business in California, and shall be satisfactory to AGENCY. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorney' s fees and costs, incurred by AGENCY in enforcing the obligations of this Agreement. Developer, its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the TUMF Improvements, or the plans and specifications for the TUMF Improvements shall in any way affect its obligation on the Security. 11.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit `B", unless other forms are deemed acceptable by the AGENCY, and when such forms are completed to the satisfaction of AGENCY, the forms and evidence of the Security shall be attached hereto as Exhibit `B" and incorporated herein by this reference. 12.0 Indemnification. Developer shall defend, indemnify, and hold harmless AGENCY, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, -G-8- 24438.80041\25626551.13 PACKET PAGE: 202 AGENDA ITEM 3A.9 whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its employees, contractors, or agents in connection with the performance of this Agreement, or arising out of or in any way related to or caused by the TUMF Improvements or their condition prior to AGENCY's approval and acceptance of the TUMF Improvements ("Claims"). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of AGENCY, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused solely and exclusively by the negligence or willful misconduct of AGENCY as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by AGENCY, its elected officials, employees, or agents. 13.0 Insurance. 13.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during performance of this Agreement, insurance of the types and in the amounts described below (`Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 13.1.1 General Liability. Occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. 13.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 13.1.3 Workers' Compensation. Workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees. 13.1.4 Professional Liability. For any consultant or other professional who will engineer or design the TUMF Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the TUMF Improvements. Such insurance shall be endorsed to include contractual liability. 13.2 Deductibles. Any deductibles or self -insured retentions must be declared to and approved by AGENCY. At the option of AGENCY, either: (a) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects AGENCY, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a -G-9- 24438.80041\25626551.13 PACKET PAGE: 203 AGENDA ITEM 3A.9 financial guarantee satisfactory to AGENCY guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 13.3 Additional Insured; Separation of Insureds. The Required Insurance, except for the professional liability and workers' compensation insurance, shall name AGENCY, its elected officials, officers, employees, and agents as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to AGENCY, its elected officials, officers, employees, or agents. 13.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering AGENCY, its elected officials, officers, employees, or agents. The policy required for workers' compensation insurance shall provide that the insurance company waives all right of recovery by way of subrogation against AGENCY in connection with any damage or harm covered by such policy. 13.5 Certificates; Verification. Developer and its contractors shall furnish AGENCY with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by AGENCY before work pursuant to this Agreement can begin. AGENCY reserves the right to require complete, certified copies of all required insurance policies, at any time. 13.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days' prior written notice to AGENCY. 13.7 Insurer Rating. Unless approved in writing by AGENCY, all Required Insurance shall be placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least "A" and FSC-VIII. 14.0 TUMF Credit. 14.1 Developer's TUMF Obligation. Developer hereby agrees and accepts that as of the date of this Agreement, the amount Developer is obligated to pay to AGENCY _ pursuant to (insert appropriate reference for city or county ) as part of the TUMF Program is [INSERT DOLLAR VALUE OF TUMF REQUIREMENT] ($ ) ("TUMF Obligation"). This TUMF Obligation shall be initially determined under the nexus study and fee schedule in effect for the AGENCY at the time the Developer submits a building permit application for the TUMF Improvement. Notwithstanding, this TUMF Obligation does not have to be paid until the Certificate of Occupancy is obtained. -G-10- 24438.80041\25626551.13 PACKET PAGE: 204 AGENDA ITEM 3A.9 14.2 Fee Adjustments. Notwithstanding the foregoing, Developer agrees that this Agreement shall not estop AGENCY from adjusting the TUMF in accordance with the provisions of (insert appropriate reference for city or county ). 14.3 Credit Offset Against TUMF Obligation. Pursuant to (insert appropriate reference for city or county ) and in consideration for Developer's obligation under this Agreement for the delivery of TUMF Improvements, credit shall be applied by AGENCY to offset the TUMF Obligation ("Credit") subject to adjustment and reconciliation under Section 14.5 of this agreement. Developer hereby agrees that the amount of the Credit shall be applied after Developer has initiated the process of project delivery of TUMF Improvements to the lowest responsible bidder in accordance with this Agreement. Developer further agrees that the dollar amount of the Credit shall be equal to the lesser of: (A) the bid amount set forth in the contract awarded to the lowest responsible bidder, or (B) the unit cost assumptions for the TUMF Improvement in effect at the time of the contract award, as such assumptions are identified and determined in the 2009 Nexus Study and the TUMF Administrative Plan adopted by WRCOG (`Unit Cost Assumptions"). The bid amount and the Unit Cost Assumptions shall hereafter be collectively referred to as "Estimated Credit". At no time will the Credit exceed the Developer's TUMF Obligation. If the dollar amount of the Estimated Credit exceeds the dollar amount of the TUMF Obligation, Developer will be deemed to have completely satisfied its TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. If the dollar amount of the Estimated Credit is less than the dollar amount of the TUMF Obligation, the Developer agrees the Credit shall be applied to offset the TUMF Obligation as follows: (1) For residential units in the Project, the Credit shall be applied to all residential units to offset and/or satisfy the TUMF Obligation. The residential units for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to each unit, shall be identified in the notice provided to the Developer by AGENCY pursuant to this section. (2) For commercial and industrial structures in the Project, the Credit shall be applied to all commercial and industrial development to offset and/or satisfy the TUMF Obligation. The commercial or industrial structure(s) for which the TUMF Obligation has been offset and/or satisfied by use of the Credit, and the amount of offset applicable to such structure(s), shall be identified in the notice provided to the Developer by AGENCY pursuant to this section. AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section, including how the Credit is applied to offset the TUMF Obligation as described above. 14.4 Verified Cost of the TUMF Improvements. Upon recordation of the Notice of Completion for the TUMF Improvements and acceptance of the TUMF Improvements by AGENCY, Developer shall submit to the AGENCY Public Works Director the information set forth in the attached Exhibit "C". The AGENCY Public Works Director, or his or her designee, shall use the information provided by Developer to calculate the total actual costs incurred by Developer in delivering the TUMF Improvements covered under this Agreement (`Verified -G-11- 24438.80041\25626551.13 PACKET PAGE: 205 AGENDA ITEM 3A.9 Costs"). The AGENCY Public Works Director will use his or her best efforts to determine the amount of the Verified Costs and provide Developer written notice thereof within thirty (30) calendar days of receipt of all the required information from Developer. 14.5 Reconciliation; Final Credit Offset Against TUMF Obligation. The Developer is aware of and accepts the fact that Credits are speculative and conceptual in nature. The actual amount of Credit that shall be applied by AGENCY to offset the TUMF Obligation shall be equal to the lesser of: (A) the Verified Costs or (B) Unit Cost Assumptions for the TUMF Improvements as determined in accordance with Section 14.3 of this Agreement ("Actual Credit"). No Actual Credit will be awarded until the Verified Costs are determined through the reconciliation process. Please be advised that while a Developer may use an engineer's estimates in order to estimate Credits for project planning purposes, the Actual Credit awarded will only be determined by the reconciliation process. (a) TUMF Balance. If the dollar amount of the Actual Credit is less than the dollar amount of the TUMF Obligation, the AGENCY Public Works Director shall provide written notice to Developer of the amount of the difference owed (-TUMF Balance") and Developer shall pay the TUMF Balance in accordance with (insert appropriate reference for city or county) to fully satisfy the TUMF Obligation (see Exhibit "F" - Example "A"). (b) TUMF Reimbursement. If the dollar amount of the Actual Credit exceeds the TUMF Obligation, Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may apply for a reimbursement agreement, to the extent applicable, as provided in Section 14.6 of this Agreement. AGENCY shall provide Developer written notice of the determinations that AGENCY makes pursuant to this section (see Exhibit "F" - Example (c) TUMF Overpayment. If the dollar amount of the Actual Credit exceeds the Estimated Credit, but is less than the TUMF Obligation, but the Actual Credit plus additional monies collected by AGENCY from Developer for the TUMF Obligation exceed the TUMF Obligation ("TUMF Overpayment"), Developer will be deemed to have fully satisfied the TUMF Obligation for the Project and may be entitled to a refund. The AGENCY's Public Works Director shall provide written notice to WRCOG and the Developer of the amount of the TUMF Overpayment and AGENCY shall direct WRCOG to refund the Developer in accordance with (insert appropriate reference for city or county ) (see Exhibit "F" - Example C). 14.6 Reimbursement Agreement. If authorized under either Section 14.3 or Section 14.5 Developer may apply to AGENCY and WRCOG for a reimbursement agreement for the amount by which the Actual Credit exceeds the TUMF Obligation, as determined pursuant to Section 14.3 of this Agreement, (insert appropriate reference for city or county ), and the TUMF Administrative Plan adopted by WRCOG ("Reimbursement Agreement"). If AGENCY and WRCOG agree to a Reimbursement Agreement with Developer, the Reimbursement Agreement shall be executed on the form set forth in Exhibit "D," and shall contain the terms and conditions set forth therein. The Parties agree that the Reimbursement Agreement shall be subject to all terms and conditions of this Agreement, and that upon execution, an executed copy of the Reimbursement Agreement shall be attached hereto and shall be incorporated herein as a material part of this Agreement as though fully set forth herein. -G-12- 24438.80041\25626551.13 PACKET PAGE: 206 AGENDA ITEM 3A.9 15.0 Miscellaneous. 15.1 Assignment. Developer may assign all or a portion of its rights pursuant to this Agreement to a purchaser of a portion or portions of the Property ("Assignment"). Developer and such purchaser and assignee ("Assignee") shall provide to AGENCY such reasonable proof as it may require that Assignee is the purchaser of such portions of the Property. Any assignment pursuant to this section shall not be effective unless and until Developer and Assignee have executed an assignment agreement with AGENCY in a form reasonably acceptable to AGENCY, whereby Developer and Assignee agree, except as may be otherwise specifically provided therein, to the following: (1) that Assignee shall receive all or a portion of Developer's rights pursuant to this Agreement, including such credit as is determined to be applicable to the portion of the Property purchased by Assignee pursuant to Section 14.0 et seq. of this Agreement, and (2) that Assignee shall be bound by all applicable provisions of this Agreement. 15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between AGENCY and Developer. Developer's contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of AGENCY. 15.3 Warranty as to Property Ownership; Authority to Enter Agreement. Developer hereby warrants that it owns fee title to the Property and that it has the legal capacity to enter into this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 15.4 Prohibited Interests. Developer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for Developer, to solicit or secure this Agreement. Developer also warrants that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Developer, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon the making of this Agreement. For breach of this warranty, AGENCY shall have the right to rescind this Agreement without liability. 15.5 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: To AGENCY: [INSERT "CITY" OR "COUNTY"] OF Attn: To Developer: Fax No. (909) Attn: -G-13- 24438.80041\25626551.13 PACKET PAGE: 207 AGENDA ITEM 3A.9 Fax No. ( ) Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 15.6 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 15.7 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to AGENCY include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 15.8 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 15.9 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 15.10 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 15.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 15.12 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 15.13 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the -G-14- 24438.80041\25626551.13 PACKET PAGE: 208 AGENDA ITEM 3A.9 appropriate California State Court in the County of Riverside, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 15.14 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions. 15.15 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 15.16 Entire Agreement. This Agreement contains the entire agreement between AGENCY and Developer and supersedes any prior oral or written statements or agreements between AGENCY and Developer. [SIGNATURES OF PARTIES ON NEXT PAGE] -G-15- 24438.80041\25626551.13 PACKET PAGE: 209 AGENDA ITEM 3A.9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. ATTEST: By: Its: ATTEST: By: Its: DEVELOPER [**INSERT NAME OF DEVELOPER**] By: Its: [**INSERT "CITY" OR "COUNTY"] OF **] By: Its: -G-16- 24438.80041\25626551.13 PACKET PAGE: 210 AGENDA ITEM 3A.9 EXHIBIT "G" PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS (BARRATT AND CALVIN SMITH) [***ATTACHED BEHIND THIS PAGE***] -G-1- 24438.80041\25626551.13 PACKET PAGE: 211 AGENDA ITEM 3A.9 PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS (Barratt/Calvin Smith) THIS PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS ("Agreement") is made and effective as of the date and between the parties shown in Section 1 below, and with reference to the terms and conditions set forth herein. 1. Basic Terms. The following terms shall have the meanings in this Agreement as set forth below. 1.1 Effective Date: April 13, 2004. 1.2 Seller: Barrett American Incorporated, a Delaware corporation. 1.3 Buyer: Calvin L. Smith 1.4 Property: Au approximately 1.7 acre future parcel of unimproved real property in the City of San Jacinto ("City"), Riverside County, California generally depicted on Exhibit "A" attached hereto, together with all permits, approvals, rights and other tangible or intangible interest relating thereto; the Property is the future commercial site to be created pursuant to the tentative (and subsequent final) subdivision map presently being processed with the City in connection with the development of a large, master planned residential community (the "Project"). The exact boundaries and legal description will be established during escrow by the processing and recordation of a final subdivision map (the "Final Map"). 1.5 Purchase Price: One Hundred Thousand Dollars ($100,000.00) cash payable at Closing Date plus the following covenants and obligations. 1.5.1 Road Widening D edication. B uyer p resently a wns p roperty a dj acent t o the Property and operates a business thereon. As part of the Final Map and development process, Seller will be required to construct certain subdivision improvements on Seller's property and offsite, including but not limited to the widening of Potter Road (to be realigned and renamed Lyon Avenue) and other roads required to be widened or constructed for access to the Property and the larger Project. Buyer, upon request from Seller, shall execute and deliver to Seller, within ten (10) days after request from Seller or City, an irrevocable offer of dedication and/or easement for any public road and utility purposes over Buyer's adjacent property as required by the City in connection with the Project. Such dedication or easement shall be at no cost or expense to Seller or the City, as any value associated therewith has been factored into and resulted in a discounted Purchase Price for the Property. Buyer understands any dedications and/or easements will be required prior to the Closing and recordation of the Final Map. However, such dedications and/or easements to be executed by Buyer shall not be recorded until after Seller closes escrow to acquire the Property and the Project from current owner Silverstone Development Co., Inc. Seller's engineers shall prepare the necessary maps, legal descriptions, 1690/1 1 10421.001 -G-2- 24438.80041\25626551.13 PACKET PAGE: 212 AGENDA ITEM 3A.9 and any other necessary engineering -related documentation regarding Buyer's said dedications and/or easements, al Seller's expense. 1.5.2 Right of Entry; Permission to Grade. Buyer hereby authorizes Seller, and its employees, agents and contractors, the right of entry on Buyer's adjacent property, and on the Property following the Closing, a right of entry and permission to grade as may be reasonably required to complete the subdivision improvements and grading for the Potter/Lyon Road widening and other subdivision improvements required for the Final Map and Project. Buyer understands that some grading for road widenings may occur outside the dedicated right of way as necessary to create supporting slopes, based on the final design approved by the City. Seller shall keep Buyer's property free of mechanic's liens or other claims arising out of any grading or subdivision improvement work performed by Seller. To the extent required by City, Buyer shall also provide a letter of permission to grade or other document confirming the right of entry and grading permission within ten (10) days of request by Seller. At no time shall the entrance to Buyer's business along Ramona Expressway be blocked. If such entrance must be blocked for, construction or other reasons, Seller shall ensure that a commercially suitable separate entrance to Buyer's business is provided at all such times. 1..5,3 Good Faith Cooperation. Buyer has the opportunity to fully review the application for tentative map and associated Project entitlements being processed with the City and other governmental agencies, and in fact has appeared before the City's Planning Commission on the Project. Part of the computation of the cash portion of the Purchase Price for the Property is the covenant and commitment of Buyer to cooperate in good faith with the timely processing, approval and entitlement of the Project, and to timely perform its other obligations and responsibilities as set forth in this Agreement so as not to delay, or increase the cost of development of the Project and recordation of the Final Map. Buyer shall also notify the City in writing that Buyer is satisfied with the arrangements and supports the Project tentative map and associated approvals now pending before the City prior to the next 5 an Ja cinto City Council hearing, in a letter reasonably acceptable to Seller. 1.5.4 Construction Office Trailer. Buyer shall permit Seller to locate a standard construction office trailer and access existing utilities at a mutually acceptable location on Buyer's adjacent property in close proximity to the Property during the grading and subdivision improvement phase of the Project at no charge or expense to Seller, other than payment of any actual utility charges consumed by Seller. Seller shall install a meter or other appropriate measuring device to calculate the amount of utilities consumed by Seller. Seller's construction trailer shall be allowed on Buyer's adjacent property for a period not to exceed eighteen (18) months. Thereafter, if Seller desires to continue placing such trailer on Buyer's adjacent property, or the Property, Seller must negotiate with Buyer regarding any extension agreement. Seller shall remove the trailer and temporary utility connections promptly at the completion of the Project grading and subdivision improvements. 1.5.5 Termination for Non -Performance. Should Buyer fail to timely perform any o f the obligations set forth herein, Seller shall be entitled to terminate the Agreement by providing notice thereof to Buyer and Escrow terminating this Agreement as provided in Section 5.2 below. Buyer understands that the failure to proceed as required under this Agreement may 1690/1 2 10421.00] -G-3- 24438.80041\25626551.13 PACKET PAGE: 213 AGENDA ITEM 3A.9 result in the necessity for Seller to initiate condemnation proceedings to acquire public road and utility easements over the Buyer's property if such easements are required by the City. 1.6 Closing or Closing Date: On or before sixty (60) days after the filing for record in the Official Records of Riverside County, the Final Map establishing the Property as a separate legal parcel. 1.7 Escrow Holder and Title Company: First American Title Insurance Company Escrow No. 6005 Hidden Valley Road, Suite 160 Carlsbad, CA 92009 Attn: Michelle Freidhoff 1.8 Notices: To Buyer: With copies to: To Seller: With copies to: Mr. Calvin Smith P.O. Box 640 San Jacinto, CA 92581 Samuel C. Alhadeff Alhadeff & Solar, LLP 707 Broadway, Suite 800 San Diego, CA 92101-5386 Barrett American Incorporated 5950 Priestly Drive, Suite 101 Carlsbad, CA 92008 Attn: J. Michael Armstrong Ronald W. Rouse, Esq. Luce Forward Hamilton & Scripps, LLP 11988 El Camino Real, Suite 200 San Diego, CA 92130 2. Purchase. Seller is under contract to purchase the Property, which is part of a larger tract of land to be developed by Seller for a larger residential development Project. Provided Seller acquires the Property and proceeds with the final subdivision map process, Seller agrees to sell, transfer and assign to Buyer, and Buyer agrees to purchase from Seller, the Property upon the terms and conditions contained in this Agreement. 2.1 Purchase Price. The Purchase Price to be paid by Buyer to Seller for the Property shall be as set forth in Section I.5 above, including the cash portion and other considerations. 2.2 Payment of Purchase Price. The cash portion of the Purchase Price for the Property shall be paid by Buyer to Seller at Close of Escrow. At least one (1) day before the Closing Date, Buyer shall deposit with Escrow Holder the cash portion of the Purchase Price in cash, or cash equivalent acceptable to Escrow Holder. 1690/1 3 10421.001 -G-4- 24438.80041\25626551.13 PACKET PAGE: 214 AGENDA ITEM 3A.9 2.3 Condition of Title. Seller shall convey the Property to Buyer free and clear of all delinquent real property taxes, delinquent special tax and assessment liens, and all other liens, encumbrances, conditions, covenants and restrictions of record, except (i) those expressly approved by Buyer pursuant to Section 5.1.1 below, (ii) subject to Buyer's approval and/or consent, which will not be unreasonably withheld, conditioned or delayed, any new items arising out of or in preparation for recordation of the Grant Deed, or (iii) otherwise required by or imposed by the City or other governmental agencies in connection with the tentative and Final Map, 2.4 Buyer's Professional Services Fees. Seller shall pay for the reasonable engineering and attorneys' fees incurred by Buyer up to the maximum amount of $2,500 in relation to this transaction, which may be accounted for as a credit against the purchase price set forth herein or paid separately in cash. 3. Additional Covenants. 3.1 Seller to Process Tentative and Final Man. Provided Seller acquires the Property, Seller, at its sole cost and expense, shall diligently pursue and cause to be filed for record in the Official Records of Riverside County, California, the Final Map creating the Property as a separate legal parcel from the rest of its development project. In the event Seller's contract to purchase the Project is terminated or canceled, Seller shall notify Buyer and Escrow Holder in writing and this Agreement and the Escrow shall immediately terminate as provided in Section 5.2 below. 3.2 Seller and Buyer Cooperation. Seller and Buyer shall cooperate with one another in connection with the Final Map and associated project conditions and execute such reasonable and customary documents in connection therewith. 3.3 Delivery of Preliminary Report. On or before twenty (20) days immediately following the Effective Date, Seller shall use its best efforts to cause to be delivered to Buyer a preliminary title report and copy of all recorded exceptions on the Property issued by the Title Company. 3.4 Condition of Property. As part of the mass grading and subdivision improvements required for the Project, Seller shall rough grade the Property (including any necessary overexcavation and recompaction as recommended by the soils engineer for the Project) and construct those subdivision improvements for the Project (streets, utilities, drainage) as required by the City. Seller shall provide stubbed underground utility connections to the Property at the property line for any utilities installed by Seller in the public streets fronting the Property, and will reasonably cooperate with Buyer in identifying curb/driveway cuts in any sidewalldcurb improvements required of Seller by the City, subject to approval thereof by the City. The City's conditions of approval for the Project, revised as of March 25, 2004, and as thereafter may be revised by City ("Conditions"), are expressly incorporated and adopted herein by reference, a true and correct copy of which is attached hereto as Exhibit "B." Included among 1690/1 4 10421,001 -G-5- 24438.80041\25626551.13 PACKET PAGE: 215 AGENDA ITEM 3A.9 such Conditions, and set forth here for clarity, are the following: Seller shall construct, at Seller's expense, 1) one right -in and right -out ingress/egress curb/driveway cut for access to the Property suitable for commercial truck traffic on Lyon Avenue 260' north of the centerline of Ramona Expressway; and 2) a full access curb/driveway cut along Blodgett Street suitable for commercial truck ingress/egress to and from the Property directly across from "M" Street within the Project and subject to City approval, a second non-commercial curb/driveway cut further ease on Blodgett Street providing access to Buyer's adjacent property. The Lyon and Blodgett curb/driveway cuts shall be constructed as depicted on that certain "Access Exhibit to C.L. Smith Property" prepared by Hunsakcr & Associates, a copy of which is attached hereto and incorporated as Exhibit "C." In addition, Seller shall construct, at Seller's expense: 3) the road portion of Tryon Avenue from Ramona Expressway up to the northern edge of Blodgett Street, and continuing right on Blodgett Street from Lyon Avenue to the eastern edge of the curb/driveway cuts allowing ingress/egress into and out of the Property, to a Traffic Index standard so as to accommodate commercial truck traffic in and out of the Property; and 4) a six- foot (6') high block wall along the southern edge of Blodgett Street following the property line of the Project from the eastern edge of the Property to the eastern edge of the Project, replacing the fence which currently exists. The foregoing Property rough grading, subdivision, street, and Property -related improvements will be scheduled and constructed concurrently with the adjacent Project land, may not be fully completed prior to the Closing Date, and accordingly, the right of entry and permission to grade provided in Section 1.5.2 above shall apply to the Property following the Closing Date so that Seller can complete the rough grading and required Project subdivision, street, and Property -related improvements. Seller shall also provide a statement in any required public report, including but not limited to the California Department of Real Estate "White Report" for subdivisions, notifying potential homebuyers in the Project of the potential commercial uses of the Property. Buyer acknowledges and agrees that except for the Property rough grading and required Project subdivision improvements required by the City for the Project, and the street and Property -related improvements set forth herein, Seller shall have no other duty, responsibility costs or obligations whatsoever regarding the Property or any subsequent improvements, permits, fees or exactions allocable to the Property or to Buyer's subsequent use or ownership of the Property. Under no circumstances will Seller be required to pay, fund or construct any buildings or other physical improvements, except as set forth herein, and Buyer shall be fully responsible for all costs, permits, improvements, fees or exactions associated with Buyer's use of the Property. 4. Escrow. 4.1 Escrow Holder. Escrow Holder is hereby designated to act as escrow for purposes of carrying out the teens of this Agreement. 4.2 Additional Escrow Instructions. This Agreement constitutes the Escrow Instructions for completion of this transaction and the delivery of the fully executed Agreements) to Escrow Holder establishes opening of escrow. Should Escrow Holder determine Additional Escrow Instructions are necessary to clarify the duties and responsibilities necessary to complete this transaction in accordance with this Agreement. Any such Additional Instructions shall not modify or amend the terms and conditions of this Agreement and in the event of any inconsistency, the terms of this Agreement shall control. 109011 10421.001 5 -G-6- 24438.80041\25626551.13 PACKET PAGE: 216 AGENDA ITEM 3A.9 5. Conditions Precedent to Consummation of Sale. 5.1 Title Condition. This Agreement and the close of escrow herein shall be subject to the following feasibility conditions precedent which must be satisfied or waived by Buyer, in Buyer's sole discretion, in the manner and on the dates set forth below. 5.1.1 Title Report. Buyer shall provide its written approval, not to be unreasonably withheld or conditioned, of the preliminary title report and supporting documents referred to in S ection 3.3 above on or b eforc thirty (30) days from r except thereof. If Buyer timely disapproves of any title exceptions in good faith, Seller shall have ten (10) days to review said disapproved items and notify Buyer in writing which items Seller is prepared to eliminate at close of escrow and which items, if any, Seller is unable or unwilling to remove. If Seller identifies any items it is unwilling to remove, then Buyer shall have seven (7) days thereafter to notify Seller in writing whether it will accept those items, or whether Buyer wishes to cancel the transaction in accordance with Section 5.2 below. The same procedure shall apply to any new title matter or exception arising prior to the Closing Date which was not contained in the initial preliminary report (other than matters created or required by governmental agencies as part of the Final Map process), except that Buyer's review of any new matter shall be completed in ten (10) days. 5.1.2 Final Map. Recordation of the Final Map by Seller. 5.1.3 Deliveries to Escrow Holder. Seller and Buyer deliver to Escrow Holder the funds and documents required by this Agreement. 5.2 Cancellation of Transaction in the Event of Title Disapproval. In the event Buyer timely disapproves, or is deemed to have timely disapproved, Buyer's title condition as set forth in Section 5.1 above, then this Agreement shall terminate. In such event, neither Buyer nor Seller shall thereafter have any further obligations to the other except as to those stated herein to survive termination in accordance with this Agreement. 5.3 Closing Date. Subject to the matters set forth below, Escrow Holder shall close the transaction provided for herein on the Closing Date or as extended pursuant to an extension amendment or instruction signed by both Seller and Buyer, if all conditions have been satisfied or waived at the time of Closing. The Closing shall occur on the date the grant deed conveying the Property is recorded. Provided however, if the transaction has not closed on or before December 31, 2007 ("Latest Closing Date") then it shall be deemed cancelled consistent with the provisions of Section 5.2 above, unless a written amendment or other agreement signed by both Seller and Buyer extends the Latest Closing Date further. 5.4 Seller's Closing Obligations. Seller shall deliver or cause to be delivered and issued to Buyer through escrow on or before the Closing Date: 1690/1 6 10421,001 -G-7- 24438.80041\25626551.13 PACKET PAGE: 217 AGENDA ITEM 3A.9 5.4.1 Grant Deed. A Grant Deed or deeds in proper form dulyexecuted and recordable conveying to Buyer title to the Property subject only to those items set forth in Section 2.3 herein, or approved or otherwise accepted by Buyer under Section 5.1.1 herein. 5.4.2 Title Policy. A Standard American Land Title Association with Western Regional Exceptions ("ALTA/WRE") owner's coverage policy of title insurance issued in the amount of the cash portion of the Purchase Price by Title Company, insuring title, subject only to the exceptions set forth in Section 2.3 or approved by Buyer pursuant to Section 5.1.1 above. 5.5 Buyer's Obligations. On or before close of escrow, Buyer shall deliver or cause to be delivered through escrow the cash portion of the Purchase Price and other costs and fees in the manner and on the terms set forth in Section 2 above. 5.6 Mutual Obligations. Both parties shall execute and deliver through escrow any other documents or instruments which are reasonably necessary in order to consummate the purchase and sale of the Property on the terms and conditions set forth herein. 5.7 Prorations and Expenses. Upon the Closing Date, the following items shall be allocated in the manner specified. 5.7.1 Taxes. Non -delinquent real pm• erty taxes, assessments or special taxes regarding the Property shall be prorated between Buyer and Seller as of the Closing Date. 5.7.2 Closing Costs. Buyer and Seller shall each pay one-half (1/2) of the usual escrow fees and charges. Seller shall pay the Grant Deed recording fees and any required documentary transfer taxes. Seller shall pay the cost of the ALTA/WRE title insurance policy referred to in Section 5.4.2 above and Buyer shall pay any supplemental premium or cost due to any additional coverages or endorsements requested by Buyer, if any, but any such items shall not delay or prevent the Closing. 6. Commissions. The parties mutually warrant and covenant that no brokerage commission shall be due or payable on account of this transaction, and each party shall indemnify and hold the other harmless from the claims for any commission or finder's fee arising out of the actions of the indemnifying party, including costs, claims, expenses of litigation and reasonable attomey's fees. 7. General Provisions. 7.1 Possession. Consistent with Section 3.5 above, possession of the Property shall be delivered to Buyer at the Closing Date. 7.2 Attorneys' Fees. In the event of any proceeding or litigation between Buyer and Seller concerning this transaction, the prevailing party shall be entitled to reasonable costs and attorneys' fees inured in connection therewith in addition to any other award or remedies as to which it is entitled, all as determined by the Court. Iowa 7 10421.001 -G-B- 24438.80041\25626551.13 PACKET PAGE: 218 AGENDA ITEM 3A.9 7.3 Successors and Assigns. Except as set forth herein, this Agreement, and all rights and obligations of Buyer and Seller hereunder, shall be binding upon the parties hereto and their respective legal successors -in -interest. Provided however, because of the unique nature of the Purchase Price negotiations and circumstances surrounding the Buyer's ownership of adjacent property, this Agreement shall not be assignable by Buyer without the prior written consent of Seller, which consent may be given, conditioned or withheld in the absolute discretion of Seller, and if consent is given, any assignee shall assume in writing all the obligations of Buyer herein. . 7.4 Notice. All notices called for herein shall be in writing and shall be delivered to Seller, Buyer and Escrow Holder at the addresses set forth in Section 1.8 above by the personal delivery, commercial messenger, or U.S. Mail, first class, postage prepaid, return receipt requested. Any notice shall be deemed received on the date of actual delivery to the address indicated, or if mailed, upon the second (2"A) US Postal Service business day following mailing. 7.5 Interpretation. This Agreement shall be construed as a whole and in accordance with its fair meaning, the captions being for the convenience of the patties only and not intended to describe or define the provisions in the portions of the Agreement to which they pertain. Both parties acknowledge that they understand the terms and conditions of this Agreement and they execute the Agreement freely. Neither party shall deny the enforceability of any provision of this Agreement on the basis that it did not have legal counsel or that it did not understand a term or condition of this Agreement. Both parties to this Agreement acknowledge that they have been represented by counsel and/or advisors of their own choice and that neither party shall be deemed to have primary responsibility for drafting this Agreement. 7.6 Survival. Each of the agreements, covenants and representations contained herein, including but not limited to Sections 1.5 (and its subsections), 3.5 and 6, shall survive the Closing and the recording of the grant deed conveying the Property. 7.7 Computation of Periods. All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any act or give any notice with respect to this Agreement shall fall on a Saturday, Sunday or state or national holiday; such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or state or national holiday. The tern "business days" shall mean Monday through Friday. 7,8 Counterparts. This Agreement may be executed in original counterparts and/or duplicate originals, all of which when taken together shall be deemed fully executed originals. 7.9 Waiver. No waiver by eithor party of any default, breach or any other term set forth herein shall constitute a waiver of any other default, breach or term whether of the same or any other covenant or condition, 7.10 Entire Agreement. This Agreement contains the entire agreement between Buyer and Seller respecting the Property. This Agreement supersedes and replaces any and all previous discussions, negotiations, and writings between Buyer and Seller, or their agents, respecting the 16son 8 10921,001 -G-9- 24438.80041\25626551.13 PACKET PAGE: 219 AGENDA ITEM 3A.9 Property including the Letter of Intent. Any agreement or representation respecting the Property or the duties of either Buyer or Seller in relation thereto not expressly set forth in this instrument is null and void. This Agreement may not be modified except by a written agreement signed by both Buyer and Seller. 7.11 Certificate of Non-Forcign Status, Prior to the close of escrow, Seller shall execute and deposit into Escrow a Certificate of Non -Foreign Status certifying that Seller is a non -foreign person for purposes of the Internal Revenue Code. 7.12 Remedies Cumulative. All rights and remedies of the parties hereto contained in this Agreement shall be construed and held to be cumulative. 7.13 Severability. In the event that any phrase, clause, sentence, paragraph, section, article o r o they p ortion o f this A greement s hall b ecome i ]legal, n ull o r void o r against public policy, for any reason, or shall be held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining portions of this Agreement shall not be effected thereby and shall remain in full force and effect to the fullest extent permissible by law. 7.14 Time is of the Essence. Time is of the essence of each and every provision of this Agreement, IN WITNESS WHEREOF, the parties have jointly and severally executed this Agreement effective as of the date first above written. SELLER: BARRATT AMERICAN INCORPORATED, a Delaware corporation By: Robert Laing, Vice President BUYER: Calvin L. Smith 1690/1 9 10421.001 -G-10- 24438.80041\25626551.13 PACKET PAGE: 220 AGENDA ITEM 3A.9 1690/1 10421.001 EXHIBIT "A" Diagram of Property /To be attached/ EXHIBIT "A" 10 -G-11- 24438.80041\25626551.13 PACKET PAGE: 221 AGENDA ITEM 3A.9 EXHIBIT "B" Sketch tO Accompany legal Description i'.! :,-• 4., I n.: •:„. • ; ..: '"1' i :... •...' : effir i... :'-; ,,r ..: "...II- •:::•1-... I ..I SOUTH LINE OF N 1/2 OF THE SE 1/4 OF FARM Lot 115, MA 8/357, S.D. BLODGETT STREET - 589°52'12E 460.76' ::••••• • P.O.B . ... .. , b :'.• +.1 7,0 g NORTH UK OF . i TRACT ND. 29341 , 1489°5212N i 11 ... 517°3217W RAD /J.-. / 1.79g.0.7 .,-..''''. NI 1 17,655. co. .-"'''. - ^ '- '17724.29" ,....,-."' ..---"."-- ...-'..re'- i....5 4.-s i '7z Z.. / / / - - NO9621.219 264,92'y --- / / / / / : II' :••• u•ri / / P ft.s, L.. 4- ./ 'A 6 fIl tu d. x z D E_ I- Q. tr). LOF / C.'"C) .:: iNi c.,..! ....'..! (0 . •:".••• I •—• ''.. •::',.; I•••• l'i.) Cr. •::;: HUNSA.KER & A,S 6 °DAM N PLANNING • iNciNEERINC • suRviYINC. • hy.t. c.a 926t8 • Pl-t (940 sasaro • FY: 640 SIIM7511 ' DEDICATION FOR ROAD-C-44ENT1PURPOSES CITY OF SAN JACINTO, COUNTY RIVERBEDE, STATE OF CALIFORNIA 1 1 -‘1. ` Thin Hirghm amE 7-06-05 I rDtr4 - - - 117 T. VO Vi:''' J. STABLEIN SCALE: 1"= 100 W.O. 2B4-130X 'If I:\ Son Jacinto\ LD\ 640B\ SHT01.dwg_ H&A LEGAL No. 6408 mu,- 1 OF 1 -G-12- 24438.80041\25626551.13 PACKET PAGE: 222 AGENDA ITEM 3A.10 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Mary Lanier, Planning Consultant SUBJECT: Second Reading of Ordinance No. 16-06, Adopting Development Agreement No. 16-2 between the City of San Jacinto and San Jacinto Colinas 337, LLC, a California Limited Liability Company RECOMMENDATION: Staff recommends that the City Council, by motion, conduct the second reading to adopt Ordinance No.16-06 approving Development Agreement No. 16-2 between the City of San Jacinto and San Jacinto Colinas 337, LLC, a California Limited Liability Company AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO AND SAN JACINTO COLINAS 337, LLC BACKGROUND: On August 2, 2016, the City Council conducted the first reading of Ordinance No. 16-06 approving Development Agreement 16-2. PROJECT DESCRIPTION: San Jacinto Colinas 337, LLC are the owners of the Tentative Tract Map (TTM) Tract 32376. The property is located north of Ramona Expressway, on either side of the extension of San Jacinto Avenue and is Zoned Residential Low (RL), with a General Plan designation of Low Density Residential (LDR). On May 19, 2005, Tentative Tract Map 32376 was approved along with Planned Unit Development (PUD) No. 2-04, General Plan Amendment No, 7-04, Zone Change and Prezone Change No. 3-04, and Variance 1-05. TTM 32376 includes a PUD for 336 detached single-family residences. Also known as the Western Village Planned Unit Development, the project consists of 96.8 gross acres, including a 3.8 acre detention basin, a 3.9 acre park and a 1.5 acre park. The project site is currently vacant with single-family residential uses to the west and south, vacant land to the east, and the San Jacinto River to the north. PACKET PAGE: 223 AGENDA ITEM 3A.10 ENVIRONMENTAL ANALYSIS: The project has been adequately analyzed in earlier adopted Mitigated Negative Declarations for the Tentative Map. And a subsequent Mitigated Negative Declaration is not required, because there are no changed circumstances pursuant to Section 15162. ATTACHMENTS: Ordinance No. 16-06 Development Agreement No. 16-2 City Council Staff Report August 2, 2016 Tract Map 32376 PACKET PAGE: 224 AGENDA ITEM 3A.10 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) ORDINANCE NO. 16-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT NO. 16-2 BETWEEN THE CITY OF SAN JACINTO AND SAN JACINTO COLINAS 337, LLC WHEREAS, pursuant to Section 65864, et seq., of the California Government Code, the City of San Jacinto ("City") is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, San Jacinto Colinas 337, LLC ("Owner") is the owner of Tentative Tract Map 32376, with respect to the Development Agreement; and WHEREAS, City and Owner now seek to enter into Development Agreement 16-2 attached hereto as Exhibit "A;" and WHEREAS, the project covered under the Development Agreement generally consists of Tentative Tract Map 32376, a 96.8 gross acre, 336 lot single family lot subdivision with other related improvements ("Project"), located north of Ramona Expressway, on either side of the extension of San Jacinto and the purpose of Development Agreement is to provide extend the Tentative Tract Map for a period of five years; and WHEREAS, the Tentative Tract Map 32376 was approved along with Planned Unit Development (PUD) No. 2-04, General Plan Amendment No, 7-04, Zone Change and Prezone Change No. 3-04, and Variance 1-05, and is also known as the Western Village Planned Unit Development; and WHEREAS, Chapter 17.610 of the City's Development Code sets forth the City's requirements for development agreements, and amendments and extensions thereof; and WHEREAS, the Development Agreement is in accordance with Chapter 17.610 of the Development Code; and WHEREAS, the Development Agreement as proposed, includes a Development Agreement Fee to be paid by Owner to the City under the Development Agreement; and WHEREAS, the Development Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and PACKET PAGE: 225 AGENDA ITEM 3A.10 WHEREAS, the project has been adequately analyzed in an earlier adopted mitigated negative declaration and a subsequent mitigated negative declaration is not required, because there are no changed circumstances pursuant to Section 15162 of the California Environmental Quality Act; and WHEREAS, on July 18, 2016, the Planning Commission of the City of San Jacinto ("Planning Commission") conducted a duly noticed public hearing on Development Agreement 16-2, at which time all persons wishing to testify in connection with Development Agreement 16-2 were heard and Development Agreement 16-2 was comprehensively reviewed; and WHEREAS, on July 18, 2016, pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto (the "Planning Commission"), the City Council has determined that it can be seen with certainty that the approval of the Development Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines; and WHEREAS, on August 2, 2016, the San Jacinto City Council conducted a duly noticed public hearing concerning the Development Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding the Development Agreement, and at which time the City Council thoroughly reviewed the Development Agreement; and THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Ordinance as though fully set forth herein. Findings. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council adopts this Ordinance and approves Development Agreement 16-25 based upon the following findings: A. That the Development Agreement aids in the continued and consistent implementation of the Tentative Tract Map, provides a financial benefit to the City in the form of the Development Agreement Fee (as that term is defined in the Development Agreement), and is therefore in the best interest of the City. B. That Development Agreement 16-2 is consistent 2 PACKET PAGE: 226 AGENDA ITEM 3A.10 Section 3. Section 4. with the City's General Plan and will allow the Owner to complete the Project in a manner which the City Council previously found to be consistent with the City's General Plan, and as recommend by the Planning Commission, the City Council finds continues to be consistent therewith. C. That Development Agreement 16-2 promotes the public health, safety and welfare of the community because it will permit and encourage the development of residential units in accordance with the approved Tentative Tract Map, and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City. D. That the Project is covered under the Tentative Tract Map, which provides for a single-family development, is therefore compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property subject to the Development Agreement is located, and will not adversely affect the orderly development of property or the preservation of property values. E. The Development Agreement is consistent with the following General Plan Land Use Element goals and policies, and will further important and officially recognized City wide goals and policies, by allowing the Owner to develop the Project under the terms of the Development Agreement: (i) Land Use Element No. 4 — Manage and Direct Growth — This Land Use Element encourages development consistent with the zoning of the property and provides for adequate levels of public services and facilities to be provided for the new development. F. That Development Agreement 16-2 will provide the City with important, tangible benefits including the Development Agreement Fee provided for in the Agreement, and development of the Tentative Tract Map. Adoption of Development Agreement 16-2. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council hereby adopts Development Agreement 16-2, as set forth in Exhibit "A". CEQA. The City Council has reviewed the Project pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto, the City Council has determined that the Project has been adequately analyzed in an 3 PACKET PAGE: 227 AGENDA ITEM 3A.10 Section 5. Section 6. Section 7. earlier adopted mitigated negative declaration, and a subsequent mitigated negative declaration is not required because there are no changed circumstances pursuant to Section 15162. Further, it can be seen with certainty that the approval of the Development Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines. Notice of Determination. Staff is directed to file a Notice of Determination with the Riverside County Recorder's Office within five (5) working days of adoption of this Ordinance. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk's office located at 595 S. San Jacinto Avenue, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Severabilitv. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 8. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code § 36933. Introduced at a regular meeting of the City Council on the 2rd day of August, 2016. ORDINANCE NO. 16-06 4 PACKET PAGE: 228 AGENDA ITEM 3A.10 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the sixth day of September, 2016, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: City Clerk City of San Jacinto: Andrew Kotyuk, Mayor 5 PACKET PAGE: 229 AGENDA ITEM 3A.10 EXHIBIT "A" DEVELOPMENT AGREEMENT NO. 16-2 BY AND BETWEEN THE CITY OF SAN JACINTO AND SAN JACINTO COLINAS 337, LLC PACKET PAGE: 230 AGENDA ITEM 3A.10 Recorded at request of: ) Clerk, City Council ) City of San Jacinto ) ) When recorded return to: ) City of San Jacinto ) 595 S. San Jacinto Ave. ) San Jacinto, CA 92583 ) Attention: City Clerk ) ) Exempt from Filing Fees, Government Code Section 6103 DEVELOPMENT AGREEMENT NO. 16-2 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JACINTO and SAN JACINTO COLINAS 337, LLC, a California limited liability company 24438.8004129040453.7 PACKET PAGE: 231 AGENDA ITEM 3A.10 DEVELOPMENT AGREEMENT NO. 16-2 This Development Agreement (hereinafter "Agreement") is entered into by and among the City of San Jacinto, a California municipal corporation (hereinafter "CITY"), and San Jacinto Colinas 337, LLC, a California limited liability company (hereinafter "OWNER"): RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, the environmental impacts of the Project and this Agreement, including the Development Approvals, have previously been properly reviewed and assessed by CITY pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), California Code of Regulations Title 14, Section 15000 et seq. (the "CEQA Guidelines") and the CITY' s local CEQA guidelines; and WHEREAS, on July 18, 2016, the City of San Jacinto Planning Commission conducted a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding this Agreement, and at which time the Planning Commission thoroughly reviewed this Agreement, and thereafter recommended to the City Council of the City of San Jacinto that the City Council approve and adopt this Agreement; WHEREAS, on August 2, 2016, the San Jacinto City Council conducted a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding this Agreement, and at which time the City Council thoroughly reviewed this Agreement; and WHEREAS, on August 2, 2016, pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto (the "Planning Commission"), the City Council has determined that it can be seen with certainty that the approval of this Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines; and 2443 8.80042`290404 53.7 2 PACKET PAGE: 232 AGENDA ITEM 3A.10 WHEREAS, on August 2, 2016, following the conclusion of the public hearing and adoption of the Notice of Determination, the City Council conducted the first reading of the ordinance approving and adopting this Agreement, and WHEREAS on September 6, 2016, the City Council conducted a second reading (adoption) of the ordinance approving and adopting this Agreement; and WHEREAS, this Agreement and the Project are consistent with the CITY's Comprehensive General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 follows: Definitions. The following terms when used in this Agreement shall be defined as 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "CITY" means the City of San Jacinto, a municipal corporation, organized and existing pursuant to the laws of the State of California. 1.1.3 "City Council" means the duly elected and constituted city council of CITY. 24438.80042\29040453.7 3 PACKET PAGE: 233 AGENDA ITEM 3A.10 1.1.4 "Dedication Requirement" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.5 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.6 "Development Agreement Policies" means those certain development agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18, 2002, as amended. 1.1.7 "Development Approvals" means all permits and other entitlements for use, subject to approval or issuance by CITY in connection with the Development, including, but not limited to: (a) specific plans and specific plan amendments; (b) tentative and final subdivision and parcel maps; (c) conditional use permits, public use permits and plot plans; (d) zoning; and (e) grading and building permits. 1.1.8 "Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.9 "Development Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.10 "Effective Date" means the date the ordinance approving this Agreement becomes effective. 1.1.11 "Existing Development Approvals" means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Approvals which are a matter of public record on the Effective Date. 24438.80041,29040453.7 4 PACKET PAGE: 234 AGENDA ITEM 3A.10 1.1.12 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit "D" and all other Regulations which are a matter of public record on the Effective Date. 1.1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; and/or (e) the exercise of the power of eminent domain. 1.1.14 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.15 "OWNER" means the persons and entities listed as OWNER on page 1 of this Agreement and its successor(s) in interest to all or any part of the Property. 1.1.16 "Planning Commission" means the duly appointed and constituted planning commission of CITY. 1.1.17 "Project" means the development of the Property contemplated by the Development Plan as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.18 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement. 1.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement. 1.1.20 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with the Development. 24438.80041,29040453.7 5 PACKET PAGE: 235 AGENDA ITEM 3A.10 1.1.21 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.1.22 "TTM 32376" means Tentative Tract Map No. 32376, which is one of the Existing Development Approvals and is described in Exhibit "C". 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" — Legal Description of the Property. Exhibit "B" — Map showing Property and its location. Exhibit "C" — Existing Development Approvals. Exhibit "D" — Existing Land Use Regulations. 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership of Property. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof. 2.3 Term. The initial term of this Agreement shall commence on the Effective Date, and shall continue for a period of five (5) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this Agreement may be extended one (1) time for an additional two (2) years following expiration of the initial term, resulting in a total term of seven (7) years, provided the following have occurred: (a) OWNER provides at least one hundred eighty (180) days' written notice to CITY prior to the expiration of the initial term; and (b) OWNER is not then in uncured default of this Agreement. The initial term and, if and upon extension, the two-year extended term, shall sometimes be referred to herein collectively as the "Term." 2.4 Assignment. 2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm or corporation at any time during the Term; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: 24438.80042\29040453.7 6 PACKET PAGE: 236 AGENDA ITEM 3A.10 (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. OWNER shall have the right to reserve from any assignment made pursuant to this Subsection 2.4.1 any or all right, title and interest in and to a credit or reimbursement pursuant to Section 4.2 of this Agreement; provided however, that the existence and extent of any such reservation shall be expressly referred to in the written agreement required by Section 2.4.1(b), above. 2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring OWNER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring OWNER of the following conditions: part of the Property. (a) OWNER no longer has a legal or equitable interest in all or any (b) OWNER is not then in default under this Agreement. (c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder. 2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall 24438.80042\29040453.7 7 PACKET PAGE: 237 AGENDA ITEM 3A.10 automatically terminate with respect to any such lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) A certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4.2 of this Agreement have been paid. 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868 and Article 5 of the Development Agreement Policies. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement, including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement based on any default of OWNER and following the termination proceedings required by Articles 7 and 8 of the Development Agreement Policies. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY. 24438.80042\29040453.7 8 PACKET PAGE: 238 AGENDA ITEM 3A.10 2.7 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA 92583 Attn: City Manager Telephone: (951) 487-7342 Facsimile. (951) 654-3728 Copy to: Best, Best & Krieger, LLP 300 South Grand Ave. 25th Floor Los Angeles, CA 90071 Attn: City Attorney Telephone: (213) 617-8100 Facsimile. (213) 617-7480 If to OWNER: San Jacinto Colinas 337, LLC 12671 High Bluff Drive Suite 150 San Diego, CA 92130 Attn: Gregory P. Lansing Telephone: (858) 523-0719 Facsimile. (858) 523-0826 Copy to: Associate General Counsel Lansing Companies 12671 High Bluff Drive Suite 150 San Diego, CA 92130 Attn: Paul W. Pitingaro, Esq. Telephone: (858) 523-0719 Facsimile. (858) 523-0826 24438.80042\29040453.7 9 PACKET PAGE: 239 AGENDA ITEM 3A.10 (c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Rights to Develop. Subject to the terms of this Agreement, including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. 3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in Section 3.4. 3.3.1 Maintenance of Property. OWNER agrees to maintain the Property such that it does not become a nuisance for the duration of this Agreement. 3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may 24438.80042\29040453.7 10 PACKET PAGE: 240 AGENDA ITEM 3A.10 demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code. 3.6 Reservations of Authority. 3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Dedication Requirements or Development Exactions; provided, however, that no such subsequently adopted Dedication Requirements or Development Exactions shall be applicable to development of the Property unless such Dedication Requirements or Development Exactions are applied uniformly to development throughout the CITY or within a defined area of benefit that includes the Property. No such subsequently adopted Dedication Requirement or Development Exaction shall apply if its 24438.80042\29040453.7 11 PACKET PAGE: 241 AGENDA ITEM 3A.10 application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Dedication Requirement or Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such subsequently adopted Dedication Requirement or Development Exaction for the fees paid under Section 4.2 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations which are in conflict with the Development Plan provided OWNER has given written consent to the application of such regulations to development of the Property. 3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. 3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract. 3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same 24438.80042\29040453.7 12 PACKET PAGE: 242 AGENDA ITEM 3A.10 manner and subject to the same requirements and standards as would be applicable to CITY or such other public agency should it have undertaken such construction. 3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide, or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER'S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the Development under the Subdivision Map Act or other legal authority. 3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the Development separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. 3.10 Tentative Tract Map Extension. The term of TTM 32376 and any tentative tract map(s), tentative subdivision map(s) or tentative parcel map(s) heretofore or hereafter approved in connection with the Development shall expire upon the expiration or earlier termination of this Agreement. Said term of such map(s) shall be the sole and exclusive term and shall be in lieu of any other term or term extension provided for pursuant to the Subdivision Map Act, CITY ordinance, or any combination thereof. 3.11 Amendment(s) to Tentative Tract Map(s); Recordation of Final Tract Map(s). Any amendment to an existing tentative tract map, heretofore or hereafter approved in connection with the Development, which is deemed "minor" in accordance with Section 3.5 of this Agreement shall not require an amendment to this Agreement. If and upon OWNER's election to exercise the term extension authorized under Section 2.3 of this Agreement, during such two-year extended term, all conditions of approval for any tentative tract map identified under this Agreement shall be reviewed for changed circumstances and modifications may be required. Subject to applicable provisions of the Subdivision Map Act (Government Code Section 66410 et se_c .), OWNER may record final tract maps on a phased basis. 3.12 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with the Development, is a vesting map under the Subdivision Map Act and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to OWNER, 24438.80042\29040453.7 13 PACKET PAGE: 243 AGENDA ITEM 3A.10 then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 3.13 Utilities. In accordance with Section 201(h) of the Development Agreement Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for CITY -owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties. 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that the Development will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project. 4.2 Development Agreement Fee. In addition to the Development Impact Fees and other obligations of OWNER contained in this Agreement, the Project shall also be subject to a "Development Agreement Fee." The Development Agreement Fee shall be paid to CITY and shall cover the initial term of five (5) years of this Agreement. The Development Agreement Fee shall be One Thousand Two Hundred Dollars ($1,200.00) per residential unit for the initial term of five (5) years of this Agreement. If and upon OWNER's election to exercise the term extension authorized under Section 2.3 of this Agreement, the Development Agreement Fee shall increase to Two Thousand Dollars ($2,000.00) per residential unit for the extended term of two (2) years of this Agreement. In addition, during such two-year extended term, all conditions of approval for any tentative tract map identified under this Agreement shall be reviewed for changed circumstances and modifications may be required. The Development Agreement Fee shall not be used to offset any Development Impact Fee(s). OWNER shall not be entitled to any credit against the Development Agreement Fee resulting from OWNER's provision of public improvements as required by the Development Plan or this Agreement. 4.2.1 Time of Payment. The Development Agreement Fee required pursuant to Section 4.3 shall be paid to CITY prior to, and as a condition precedent to, the issuance of the certificate of occupancy for each residential unit. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement, but the Development Agreement Fee required pursuant to Section 4.3 shall be paid prior to the re -issuance or extension of any building permit for a residential unit for which such Development Agreement Fee has not previously been paid. 4.2.2 Development Agreement Processing Fee and Deposit(s). In addition to the Development Agreement Fee, OWNER shall pay CITY a one-time fee separately for processing of the Development Agreement ("Development Agreement Processing Fee") in the 2443 8.80042`290404 53.7 14 PACKET PAGE: 244 AGENDA ITEM 3A.10 amount of Five Thousand Dollars ($5,000.00) and an Administration Fee of One Thousand Five Hundred Dollars ($1,500). In addition, OWNER shall pay CITY separately a deposit for the planning and legal costs associated with the preparation and processing of the Development Agreement. The planning and legal deposit ("Legal Expense Deposit") shall be in the amount of Ten Thousand Dollars ($10,000.00). CITY acknowledges receipt of OWNER's prior payment of the Processing Fee and the Legal Expense Deposit. Should the planning and legal costs associated with the preparation and processing of the Development Agreement exceed OWNER's Legal Expense Deposit, CITY reserves the right to require OWNER to pay an additional deposit prior to recordation to cover the cost of such planning and legal services. 5. FINANCING OF PUBLIC IMPROVEMENTS. If deemed appropriate, CITY and OWNER will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. CITY also agrees that, to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds. The OWNER shall be responsible for payment of all relevant fees and assessments for Community Facilities District (CFD), Assessment District (AD), Landscape, Lighting and Park District No. 2 (LLPD No. 2). 6. REVIEW FOR COMPLIANCE. 6.1 Periodic Review. The Development Director shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of this Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the Development Director, within thirty (30) days after written notice from the Development Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of this Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The Development Director shall conduct such special reviews. 6.3 Procedure. (a) During either a periodic review or a special review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on OWNER. (b) Upon completion of a periodic review or a special review, the Development Director shall submit a report to the City Council setting forth the evidence 2443 8.80042`290404 53.7 15 PACKET PAGE: 245 AGENDA ITEM 3A.10 concerning good faith compliance by OWNER with the terms of this Agreement and his or her recommended finding on that issue. (c) If the City Council finds on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (d) If the City Council makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Council may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent with, proceedings under Section 6.4 and Section 6.5. 6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing; (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and (c) Such other information as is reasonably necessary to inform OWNER of the nature of the proceeding. 6.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 6.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating that after the most recent periodic or special review and based upon the information known or made known to the Development Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a periodic or special review and shall state the anticipated date of commencement of the next periodic review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or 16 24438.80042\29040453.7 PACKET PAGE: 246 AGENDA ITEM 3A.10 OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Development Director or City Council. 6.7 Estoppel Certificates. A party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate"). A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The Planning Director or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or other authorized representative of OWNER may sign on behalf of OWNER. An Estoppel Certificate is intended to be relied on by assignees and Mortgagees. If one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with providing the Estoppel Certificate. The Estoppel Certificate shall address issues such as whether: (a) The Agreement is in full force and effect and is a binding obligation of the parties. (b) The Agreement has been amended or modified either orally or in writing and, if so amended, identifying the amendments. (c) A default in the performance of the requesting party's obligations under the Agreement exists and, if a default does exist, the nature and amount of any default. Whether or not the Estoppel Certificate is relied upon by assignees or other transferees or OWNER or CITY, the preparing party shall not be bound by an Estoppel Certificate if a default existed at the time of the issuance of the Estoppel Certificate, but was concealed from or otherwise not known to the preparing party. 7. DEFAULT AND REMEDIES. 7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or (b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or (c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 24438.80042\29040453.7 17 PACKET PAGE: 247 AGENDA ITEM 3A.10 7.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against CITY as provided in Section 7.1 above. (b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. 7.3 Release. Except for nondamage remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement. 7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.5 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such 60-day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 7.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions 24438.80042\29040453.7 18 PACKET PAGE: 248 AGENDA ITEM 3A.10 necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8. THIRD PARTY LITIGATION. 8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan ("General Plan"), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY's determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. 8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding. 8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action. 8.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and 2443 8.80042`290404 53.7 19 PACKET PAGE: 249 AGENDA ITEM 3A.10 employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action. 8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 8.6 Survival. The provisions of Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER' s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER's obligations under this Agreement. (c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER' s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, 2443 8.80042`290404 53.7 20 PACKET PAGE: 250 AGENDA ITEM 3A.10 however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6 Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one OWNER, all obligations of such OWNERS under this Agreement shall be joint and several, and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single lot which has been finally subdivided and sold to such OWNER as a member of the 24438.80042\29040453.7 21 PACKET PAGE: 251 AGENDA ITEM 3A.10 general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. 10.8 Time of Essence. Time is of the essence in the performance of .the provisions of this Agreement as to which time is an element. 10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, acts of terrorism, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 24438.80042\29040453.7 22 PACKET PAGE: 252 AGENDA ITEM 3A.10 10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 10.20 Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference as if fully set forth herein. 10.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder. 10.22 Prior Development Agreement. The parties acknowledge and agree that this Agreement supersedes and replaces in its entirety Development Agreement No. 05-24 dated 24438.80042\29040453.7 23 PACKET PAGE: 253 AGENDA ITEM 3A.10 October 20, 2005, between CITY and OWNER's predecessor -in -interest, D.R. Horton Los Angeles Holding Company, Inc., (the "Prior Development Agreement") and that the Prior Development Agreement has expired in accordance with its terms and is no longer in force or effect. At the request of OWNER made on or after the Effective Date, CITY agrees, at no cost to CITY, to execute and deliver to OWNER in recordable form any document that OWNER may submit to confirm expiration of the Prior Development Agreement and the release of the Property therefrom. IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. 24438.8004129040453.7 24 PACKET PAGE: 254 AGENDA ITEM 3A.10 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT NO. 16-2 BY AND BETWEEN CITY OF SAN JACINTO AND SAN JACINTO COLINAS 337, LLC OWNER SAN JACINTO COLINAS 337, LLC, a California limited liability company By: Its: Dated: CITY CITY OF SAN JACINTO, a California municipal corporation By: Andrew Kotyuk, Mayor Dated: ATTEST: By: Peggy Johns, Interim City Clerk APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP, City Attorney 24438.80042\29040453.7 25 PACKET PAGE: 255 AGENDA ITEM 3A.10 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION TRACT NO. 32376 Real property in the City of San Jacinto, County of Riverside, State of California, and described as follows: PARCEL 1: (APN: 433-040-058-1) PARCEL "B" AS SHOWN ON A CERTIFICATE OF COMPLIANCE RECORDED JULY 21, 1992, AS INSTRUMENT NO. 92-268325, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALSO DESCRIBED IN THE DOCUMENT AS FOLLOWS: THAT PORTION OF PARCEL 3 OF PARCEL MAP 25415, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 167, PAGES 26, 27 AND 28 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 0° 18' 43" EAST ALONG THE WEST LINE OF SAID PARCEL 3, A DISTANCE OF 129.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 41' 17" EAST, A DISTANCE OF 370.00 FEET; THENCE SOUTH 0° 18' 43" WEST, A DISTANCE OF 120.02 FEET; THENCE SOUTH 2° 24' 32" WEST, A DISTANCE OF 64.49 FEET; THENCE SOUTH 15° 14' 14" WEST, A DISTANCE OF 65.03 FEET; THENCE SOUTH 19° 04' 32" WEST, A DISTANCE OF 138.00 FEET; THENCE SOUTH 58° 45' 11" EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 60° 53' 46" EAST, A DISTANCE OF 47.70 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 850.00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 60° 53' 46" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 3° 02' 09", A DISTANCE OF 45.04 FEET; THENCE SOUTH 57° 51' 37" EAST, RADIAL TO SAID CURVE, A DISTANCE OF 33.00 FEET; THENCE SOUTH 58° 42' 02" EAST, A DISTANCE OF 132.71 FEET; THENCE NORTH 37° 00' 20" EAST, A DISTANCE OF 74.94 FEET; THENCE NORTH 34° 38' 39" EAST, A DISTANCE OF 120.93 FEET; 24438.80042\29040453.7 A-1 PACKET PAGE: 256 AGENDA ITEM 3A.10 THENCE SOUTH 48° 13' 51" EAST, A DISTANCE OF 185.00 FEET; THENCE NORTH 41° 46' 09" EAST, A DISTANCE OF 115.83 FEET; THENCE SOUTH 48° 13' 51" EAST, A DISTANCE OF 185.97 FEET TO THE EASTERLY LINE OF AFORESAID PARCEL 3; THENCE SOUTH 44° 44' 29" WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 113.28 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 89° 42' 22" WEST ALONG THE SOUTH LINE OF SAID PARCEL 3, A DISTANCE OF 918.64 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 0° 18' 43" WEST ALONG THE WEST LINE OF SAID PARCEL 3, A DISTANCE OF 652.13 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING AS CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DOCUMENT RECORDED SEPTEMBER 19, 2006 AS INSTRUMENT NO. 2006-0690896, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA: A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN (THE "PROPERTY"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED; AND B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL 3: (APN: 434-160-030-3) THAT PORTION OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF FARM LOT 104 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357, OF MAPS, RECORDS OF RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH WEST CORNER OF SAID FARM LOT 104, AS SHOWN ON SAID MAP; THENCE N 89° 35' 45" E., ALONG THE NORTHERLY LINE OF SAID FARM LOT, A DISTANCE OF 289,61 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BEARING AND SAID NORTHERLY LINE, A DISTANCE OF 1039.11 FEET TO A POINT OF INTERSECTION WITH THE CENTER LINE OF SAN JACINTO AVENUE, (HAVING A WESTERLY '/2 WIDTH OF 44.00 FEET) AS SHOWN BY ALIGNMENT MAP NUMBER 864-J, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF RIVERSIDE COUNTY, CALIFORNIA, SAID CENTERLINE ALSO BEING THE EASTERLY LINE OF AFOREMENTIONED 2443 8.80042`290404 53.7 A-2 PACKET PAGE: 257 AGENDA ITEM 3A.10 FARM LOT 104; THENCE S 00° 16' 02" E, ALONG SAID CENTERLINE, A DISTANCE OF 141.90 FEET TO A POINT IN THE NORTHERLY LINE OF RAMONA EXPRESSWAY, (142.00 FEET WIDE), AS SHOWN ON SAID ALIGNMENT MAP; THENCE N 79° 42 30" W, ALONG SAID NORTHERLY LINE, A DISTANCE OF 477.10 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIUS OF 3071.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 10° 41' 45", A DISTANCE OF 573.29 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE EASTERLY 44.00 FEET OF THE ABOVE DESCRIBED PROPERTY. ALSO EXCEPTING THEREFROM THE FOLLOWING AS CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DOCUMENT RECORDED SEPTEMBER 19, 2006 AS INSTRUMENT NO. 2006-0690896 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA: A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, SUBSURFACE RESOURCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN (THE "PROPERTY), TO THE E)(TENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED; AND B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL 4: (APN 434-170-038-2) THE NORTH 1/2 OF THE WEST 1/2 OF LOT 100 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; EXCEPTING THEREFROM THE NORTHERLY 60 FEET THEREOF; ALSO EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT RECORDED NOVEMBER 6, 1979 AS INSTRUMENT NO. 79-236766 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ALSO EXCEPTING THEREFROM THE FOLLOWING AS CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DOCUMENT RECORDED SEPTEMBER 19, 2006 AS INSTRUMENT NO. 2006-0690896 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA: A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA 2443 8.80042`290404 53.7 A-3 PACKET PAGE: 258 AGENDA ITEM 3A.10 DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN (THE "PROPERTY"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED; AND B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL 5: (APN: 433-040-057-0) PARCEL "A" AS SHOWN ON A CERTIFICATE OF COMPLIANCE RECORDED JULY 21, 1992 AS INSTRUMENT NO. 92-268325, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, ALSO DESCRIBED IN THE DOCUMENT AS FOLLOWS: PARCELS 2 AND 3, AS SHOWN BY PARCEL MAP 25415, IN THE CITY OF SAN JACINTO, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 167 PAGES 26, 27 AND 28 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; EXCEPTING THEREFROM THAT PORTION OF SAID PARCEL 3 AS EVIDENCED BY CERTIFICATE OF COMPLIANCE RECORDED JULY 21, 1992 AS INSTRUMENT NO. 92-268325 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE SOUTH 0° 18' 43" EAST ALONG THE WEST LINE OF SAID PARCEL 3 A DISTANCE OF 129.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89° 41' 17" EAST, A DISTANCE OF 370.00 FEET; THENCE SOUTH 0° 18' 43" EAST, A DISTANCE OF 120.02 FEET; THENCE SOUTH 2° 24' 32" WEST, A DISTANCE OF 64.49 FEET; THENCE SOUTH 15° 14' 14" WEST, A DISTANCE OF 65.03 FEET; THENCE SOUTH 19° 04' 32" WEST, A DISTANCE OF 138.00 FEET; THENCE SOUTH 58° 45' 11" EAST, A DISTANCE OF 80.00 FEET; THENCE SOUTH 60° 53' 46" EAST, A DISTANCE OF 47.70 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 850.0 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS SOUTH 60° 53' 46" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 3° 02' 09", A DISTANCE OF 45.04 FEET; THENCE SOUTH 57° 51' 37" EAST, RADIAL TO SAID CURVE, A DISTANCE OF 33.00 FEET; 2443 8.80042`290404 53.7 A-4 PACKET PAGE: 259 AGENDA ITEM 3A.10 THENCE SOUTH 58° 42' 02" EAST, A DISTANCE OF 132.71 FEET; THENCE NORTH 37° 00' 20" EAST, A DISTANCE OF 74.94 FEET; THENCE NORTH 34° 38' 39" EAST, A DISTANCE OF 120.93 FEET; THENCE SOUTH 48° 13' 51" EAST, A DISTANCE OF 185.00 FEET; THENCE NORTH 41° 46' 09" EAST, A DISTANCE OF 115.83 FEET; THENCE SOUTH 48° 13' 51" EAST, A DISTANCE OF 185.97 FEET TO THE EASTERLY LINE OF AFORESAID PARCEL 3; THENCE SOUTH 44° 44' 29" WEST ALONG SAID EASTERLY LINE A DISTANCE OF 113.28 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE SOUTH 89° 42' 22" WEST ALONG THE SOUTH LINE OF SAID PARCEL 3, A DISTANCE OF 918.64 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE NORTH 0° 18' 43" WEST ALONG THE WEST LINE OF SAID PARCEL 3, A DISTANCE OF 652.13 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE FOLLOWING AS CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DOCUMENT RECORDED SEPTEMBER 19, 2006 AS INSTRUMENT NO. 2006-0690896 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA: A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN (THE "PROPERTY"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED; AND B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL 6: (APN 433-060-002-2) THE NORTHWESTERLY RECTANGULAR 1/2 OF WOOD LOT "E", AS SHOWN ON PARTITION MAP OF RANCHO SAN JACINTO VIEJO, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, MADE UNDER DECREE OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SAN DIEGO, DATED NOVEMBER 22, 1882 IN CASE NO. 227 OF SAID COURT; 2443 8.80042`290404 53.7 A-5 PACKET PAGE: 260 AGENDA ITEM 3A.10 EXCEPTING THEREFROM A STRIP OF LAND 10 FEET IN WIDTH OFF THE SOUTHWESTERLY SIDE THEREOF FOR A PUBLIC HIGHWAY GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JUNE 17, 1921 IN BOOK 544, PAGE 15 OF DEEDS, RIVERSIDE COUNTY RECORDS. ALSO EXCEPTING THEREFROM THE FOLLOWING AS CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DOCUMENT RECORDED SEPTEMBER 19, 2006 AS INSTRUMENT NO. 2006-0690896 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA: A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, `SUBSURFACE RESOURCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN (THE "PROPERTY"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED; AND B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL 7: (APN 433-060-001-1) LOT "F" IN THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, AS SHOWN BY MAP OF SURVEY IN PARTITION OF THE RANCHO SAN JACINTO VIEJO, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, MADE UNDER DECREE OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF SAN DIEGO, IN CASE NO. 227 OF THE DISTRICT COURT OF SAN DIEGO COUNTY, CALIFORNIA, AND A CERTIFIED COPY ON FILE IN THE OFFICE OF THE COUNTY CLERK OF SAID SAN DIEGO COUNTY. EXCEPTING FROM SAID LOT "F" A STRIP OF LAND 10 FEET IN WIDTH OFF THE SOUTHWESTERLY SIDE THEREOF FOR A PUBLIC HIGHWAY GRANTED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JUNE 17, 1921 IN BOOK 544, PAGE 23 OF DEEDS, RIVERSIDE COUNTY RECORDS. ALSO EXCEPTING THEREFROM THE FOLLOWING AS CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DOCUMENT RECORDED SEPTEMBER 19, 2006 AS INSTRUMENT NO. 2006-0690896 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA: A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, CV) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, `SUBSURFACE RESOURCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA DESCRIBED IN EXHIBIT 'A' ATTACHED HERETO AND INCORPORATED HEREIN (THE "PROPERTY"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED; AND 2443 8.80042`290404 53.7 A-6 PACKET PAGE: 261 AGENDA ITEM 3A.10 B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. PARCEL 8: (EASEMENT FOR STREET PURPOSES) THE SOUTHWESTERLY 33.00 FEET OF THE SOUTHEASTERLY RECTANGULAR 1/2 OF WOOD LOT "E" OF THE PARTITION OF THE RANCHO SAN JACINTO VIEJO, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY A MAP ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, CALIFORNIA, AS ESTABLISHED IN DEED RECORDED JUNE 24, 2005 AS INSTRUMENT NO. 501503, OF OFFICIAL RECORDS. EXCEPTING THEREFROM THE SOUTHWESTERLY 10.00 FEET AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DEED RECORDED JUNE 17, 1921 IN BOOK 544, PAGE 25 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF RIVERSIDE. PARCEL 9A: (BLANKET EASEMENT FOR SURFACE DRAINAGE PURPOSES) THAT PORTION OF PARCEL 1 OF PARCEL MAP 25415, AS SHOWN ON A MAP FILED IN BOOK 167, PAGES 26 THROUGH 28, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 1; THENCE NORTH 44° 44' 29" EAST 619.14 FEET ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL TO THE MOST SOUTHERLY CORNER OF PARCEL 4020-64A, AS DESCRIBED IN THE EASEMENT DEED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED MARCH 12, 1970 AS INSTRUMENT NO. 23308, OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER; THENCE LEAVING SAID SOUTHEASTERLY LINE AND ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 4020-64A THE FOLLOWING COURSES: NORTH 47° 22' 14" WEST 1199.01 FEET AND NORTH 53° 0' 24" WEST 403.24 FEET TO THE SOUTHWESTERLY LINE OF AN EASEMENT DESCRIBED IN A DEED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED JUNE 25, 1949 IN BOOK 1097, PAGE 472 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID LAST MENTIONED SOUTHWESTERLY EASEMENT LINE, NORTH 56° 48' 52" WEST 376.92 FEET TO THE WESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID WESTERLY LINE AND THE SOUTHWESTERLY LINE OF SAID PARCEL 1 THE FOLLOWING COURSES: SOUTH 00° 18' 43" EAST 200.51 FEET, 2443 8.80042`290404 53.7 A-7 PACKET PAGE: 262 AGENDA ITEM 3A.10 SOUTH 60° 57' 38" EAST 121.40 FEET TO A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 883.00 FEET, SOUTHEASTERLY 934.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 38' 55", SOUTH 00° 18' 43" EAST 50.00 FEET, NORTH 89° 41' 17" EAST 115.00 FEET, SOUTH 48° 11'27" EAST 255.07 FEET; SOUTH 39° 22' 07" WEST 118.12 FEET TO A NON- TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 330,00 FEET, A RADIAL LINE TO THE BEGINNING OF SAID CURVE BEARS NORTH 39° 46' 07' EAST, SOUTHEASTERLY 116.50 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 13' 35", NORTH 59° 35' 42" EAST 118.69 FEET, SOUTH 28° 15' 31" EAST 79.95 FEET AND SOUTH 16° 15' 31" EAST 275.00 FEET TO THE POINT OF BEGINNING, AS ESTABLISHED BY DEED RECORDED JULY 8, 2005 AS INSTRUMENT NO. 549490, OF OFFICIAL RECORDS. PARCEL 9B: (AN EASEMENT FOR FLOOD CONTROL PURPOSES) THE WESTERLY 150,00 FEET OF PARCEL 1 OF PARCEL MAP 25415, AS SHOWN ON A MAP FILED IN BOOK 167, PAGES 26 THROUGH 28, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF AN EASEMENT DESCRIBED IN A DEED TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED JUNE 25, 1949 IN BOOK 1097, PAGE 472 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER, AS ESTABLISHED BY DEED RECORDED JULY 8, 2005 AS INSTRUMENT NO. 549490, OF OFFICIAL RECORDS. PARCEL 9C: (AN EASEMENT FOR OFFSITE GRADING PURPOSES) THE SOUTHWESTERLY 80.00 FEET OF PARCEL 1 OF PARCEL MAP 25415, AS SHOWN ON A MAP FILED IN BOOK 167, PAGES 26 THROUGH 28, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS ESTABLISHED BY DEED RECORDED JULY 8, 2005 AS INSTRUMENT NO. 549490, OF OFFICIAL RECORDS. PARCEL 10: (EASEMENT FOR STREET PURPOSES) THE NORTHEASTERLY 3.00 FEET OF PARCELS 1, 3 AND 4 OF PARCEL MAP NO. 11949, AS SHOWN ON A MAP FILED IN BOOK 62, PAGE 73 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS ESTABLISHED BY DEED RECORDED JULY 8, 2005 AS INSTRUMENT NO. 549492, OF OFFICIAL RECORDS. PARCEL 11: (EASEMENT FOR STREET PURPOSES) THE SOUTHWESTERLY 3.00 FEET OF PARCEL 4 OF PARCEL MAP 15984, IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 84, PAGES 80 AND 81 OF P4RCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS ESTABLISHED BY DEED RECORDED AUGUST 8, 2005 AS INSTRUMENT NO. 638040, OF OFFICIAL RECORDS. PARCEL 12: LOT 101 OF SAID LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357, OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; 2443 8.80042`290404 53.7 A-8 PACKET PAGE: 263 AGENDA ITEM 3A.10 EXCEPTING THEREFROM THE EASTERLY 5 ACRES AS CONVEYED TO PERNEACY ANN LOGSDON BY DEED RECORDED JANUARY 8, 1903 IN BOOK 140, PAGE 14, OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DOCUMENT RECORDED SEPTEMBER 19, 2006 AS INSTRUMENT NO. 2006-0690896, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN (THE "PROPERTY"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED; AND B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. APN: 433-050-005-4 PARCEL 12A: LOT 107 OF SAID LANDS OF THE SAN JACINTO LAND ASSOCIATION AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; EXCEPTING THEREFROM THE WESTERLY RECTANGULAR 627 FEET GRANTED TO FLORENCE M. WOODHEAD, ET AL, BY DEED RECORDED APRIL 17, 1916 IN BOOK 441, PAGE 168, OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 107; THENCE NORTH ALONG THE WEST LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF; THENCE EAST ALONG THE NORTH LINE OF SAID LOT, 627 FEET; THENCE SOUTH, PARALLEL WITH THE WEST LINE OF SAID LOT, TO THE SOUTH LINE OF SAID LOT; THENCE WEST ALONG THE SOUTH LINE OF SAID LOT, 627 FEET TO THE POINT OF BEGINNING; ALSO EXCEPTING FROM PARCELS 2 AND 2A ANY PORTIONS IN PUBLIC HIGHWAYS; ALSO EXCEPTING FROM PARCELS 2 AND 2A AN UNDIVIDED 1/2 INTEREST IN AND TO THE OIL, GAS, AND/OR OTHER MINERALS NOW OR THEREAFTER LOCATED UPON SAID PREMISES, TOGETHER WITH THE RIGHT OF EGRESS AND INGRESS FOR THE PURPOSE OF PROSPECTING FOR, 2443 8.80042`290404 53.7 A-9 PACKET PAGE: 264 AGENDA ITEM 3A.10 DEVELOPING AND REMOVING SAME, RESERVED IN DEED FROM PACIFIC COAST JOINT STOCK LAND BANK OF SAN FRANCISCO, A CORPORATION, RECORDED APRIL 20, 1938 IN BOOK 366, PAGE 593, OF OFFICIAL RECORDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ALSO EXCEPT THEREFROM THAT PORTION CONVEYED TO DRH ENERGY, INC., A COLORADO CORPORATION BY DOCUMENT RECORDED SEPTEMBER 19, 2006 AS INSTRUMENT NO. 2006-0690896, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. A. ANY AND ALL (I) OIL RIGHTS, (II) MINERAL RIGHTS, (III) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR UNDER THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN (THE "PROPERTY"), TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED; AND B. THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING WITHOUT LIMITATION THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY OF THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. 2443 8.80042`290404 53.7 A-10 PACKET PAGE: 265 AGENDA ITEM 3A.10 EXHIBIT "B" PROPERTY MAP TENTATIVE TRACT MAP NO. 32376 [ATTACHED BEHIND THIS PAGE] 24438.80042\29040453.7 B-1 PACKET PAGE: 266 AGENDA ITEM 3A.10 4•21' IAb.latr term' - AAi_ 2a .SKr ) te 'of I1 01 1 Q•Qb / \ 4.1 �. ir 1 IN THE CITY OF SAN IACINTO. 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M1 t71/M-4 1 � not.rt3 r7RM10 K433 ROMA MAKtec4D 4v 00 Oro Kann KRM • AUD• 7010 100001' 01*04 Mr CM w 30 X'Rro R10 MC.*44 collet. 24438.80042\29040453.7 PACKET PAGE: 268 AGENDA ITEM 3A.10 %/ PHASING EXHIBIT LAS COLINAS City of San Jacinto, California LEGEND PRODPCTS PHASE 1 - L _ J ARBOLES MODELS PHASE 2 - j MADERA MODELS PHASE 3 - I I PRADO MODELS PHASE 4 - PHASE 5 - PHASE 6 - PHAS'E sO - -- I, :1� 1 r SCLLE:1" =900 J.N. 21:-01 OAIE AUGUST la. 2[118 Lundstrom +associates iu.awe .t. w 11.1016 IMn omnuc Om Mime D'nc S.L 218, T:mau;CA SZE.0 -c S51 iS1CG95 'a 13.411.M I5 *or lmdsrtmlc:, j,�%"��'//�?i/%/ 24438.80042\29040453.7 PACKET PAGE: 269 AGENDA ITEM 3A.10 EXHIBIT "C" EXISTING DEVELOPMENT APPROVALS TENTATIVE TRACT MAP NO. 32376 PLANNED UNIT DEVELOPMENT (PUD) NO. 2-04 GENERAL PLAN AMENDMENT NO. 7-04 ZONE CHANGE AND PRE -ZONE CHANGE NO. 3-04 VARIANCE NO. 1-05 24438.8004129040453.7 C-1 PACKET PAGE: 270 AGENDA ITEM 3A.10 EXHIBIT "D" EXISTING LAND USE REGULATIONS City of San Jacinto General Plan City of San Jacinto General Plan Map City of San Jacinto Development Code City of San Jacinto Zoning Map City of San Jacinto Municipal Code 24438.80042\29040453.7 D-1 PACKET PAGE: 271 AGENDA ITEM 3A.10 STAFF REPORT TO: Mayor and City Council FROM: Mary Lanier, Planning Consultant DATE: August 2, 2016 SUBJECT: Development Agreement No. 16-2 between the City of San Jacinto and San Jacinto Colinas 337, LLC, a California Limited Liability Company Applicant: San Jacinto Las Colinas 337, LLC c/o Greg Lansing, Lansing Companies 12671 High Bluff Drive, Suite 150 San Diego, CA 92130 RECOMMENDATION: Staff recommends that by motion, the City Council: Introduce Ordinance No. 16-05 for first reading, approving Development Agreement No. 16-2, based upon the Planning Commission's recommendation and by further motion read by title only: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SAN JACINTO LAS COLINAS 337, LLC BACKGROUND On July 18, 2016, the Planning Commission recommended, with a 3-0-2 absent vote that the City Council adopt an Ordinance approving Development Agreement 16-2. Public testimony was provided, during the Public Hearing, where concerns were raised, regarding property maintenance. The Planning Commission added a provision in the Development Agreement that the owner agrees to maintain the property, so it will not be a nuisance. PAGE NO. 1 PACKET PAGE: 273 AGENDA ITEM 3A.10 PROJECT DESCRIPTION: San Jacinto Colinas 337, LLC are the owners of the Tentative Tract Map (TTM) Tract 32376. The property is located north of Ramona Expressway, on either side of the extension of San Jacinto Avenue and is Zoned Residential Low (RL), with a General Plan designation of Low Density Residential (LDR). On May 19, 2005, Tentative Tract Map 32376 was approved along with Planned Unit Development (PUD) No. 2-04, General Plan Amendment No, 7-04, Zone Change and Prezone Change No. 3-04, and Variance 1-05. TTM 32376 includes a PUD for 336 detached single-family residences. Also known as the Western Village Planned Unit Development, the project consists of 96.8 gross acres, including a 3.8 acre detention basin, a 3.9 acre park and a 1.5 acre park. The project site is currently vacant with single-family residential uses to the west and south, vacant land to the east, and the San Jacinto River to the north. DISCUSSION: Due to the Great Recession, TTM 32376 was not recorded and developed. The property also changed hands and the new Owner is interested in keeping the TTM entitlements and plans for future development. The entitlements were due to expire on May 19, 2016, with one final one-year extension available. Single-family development is making a comeback in San Jacinto, and tracts that were partially built are being completed. However, due to the recordation process, preparing design plans, and site work, a number of maps will expire before they can be recorded or built. TTM 32376 is one of the maps. Extensions TTM 32376 was valid for two years after approval and two Extensions of Time were approved, extending entitlements to May 19, 2009. Due to recent Recession, the State passed Bills that provided four automatic extensions for tentative tract maps. TTM 32376 was eligible for all four of them. The following table outlines the Extensions for TTM 32376: Extension Provision Senate Bill 1185 Automatic One -Year Time Extension Assembly Bill 333 Automatic Two -Year Time Extension Expiration Date May 19, 2010 May 19, 2012 PAGE NO. 2 PACKET PAGE: 274 AGENDA ITEM 3A.10 Extension Provision Assembly Bill 208 Automatic Two -Year Time Extension Assembly Bill 116 Automatic Two -Year Time Extension Expiration Date May 19, 2014 May 19, 2016 Development Agreement To prepare for and encourage new development in the coming years, staff is recommending that the City enter into Development Agreements to provide an additional five-year extension for expiring tentative tract maps, with the provision for one, two-year extension. Pursuant to Section 65864, et. seq., of the California Government Code, the City of San Jacinto is authorized to enter into Development Agreements with persons having legal or equitable interests in real property for the development of such property. The Development Agreement would have a positive fiscal impact for the City with infrastructure improvements and homes being constructed and a Development Agreement Fee paid to the City. The Development Agreement Fee will be in the amount of $1,200 per lot, paid at issuance of a Certificate of Occupancy, which will be deposited in the City's General Fund account. If a two-year extension is granted, the Development Agreement Fee will increase to $2,000. ENVIRONMENTAL ANALYSIS: The project was adequately analyzed in earlier an adopted mitigated negative declaration for the Tentative Tract Map (prior to recordation). Moreover, a subsequent mitigated negative declaration is not required, because there are no changed circumstances pursuant to Section 15162. FISCAL IMPACT: The Development Agreement would have a positive fiscal impact for the City with infrastructure improvements and homes being constructed and a Development Agreement Fee. The Development Agreement Fee will be in the amount of $1,200 per lot, at issuance of a Certificate of Occupancy, which will be deposited in the City's General Fund account. PAGE NO. 3 PACKET PAGE: 275 AGENDA ITEM 3A.10 ATTACHMENTS: Proposed City Council Ordinance 16-06 Development Agreement 16-2 Tract Map 32376 Planning Commission Resolution No. 16-07 PAGE NO. 4 PACKET PAGE: 276 AGENDA ITEM 3A.10 • • wJry9� �.e AAA 11171 + 7J1k a i•1 r"• n 41 1 i■�e IN flu CRY Or SAN IACINTO. COUNTY OF RItTRStO[, SUIT Or CALWORNIA SHEET 2 OF 19 SHEETS O awn an r a •r af• w wgru f Rea WOW eo rMa- O a•rn Mes Y e ryI LOC WAS ON pear L Iaa W/I• • • —✓a001ar-rawa isCalf Cal aOlaO tI 07K I• Mee . WNW ape 0 ea r rma— • aOtf 0 ea ••• Oe•C WO" L We Rs .Y moll • Fr11 larl aetafrr • e to Atte • goo a Of WOO Ate v•a•• Re ea •YH••r•. 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I«I • I01 • I01 P(W • (r , rall + tan MORE RA AM Ma aMM. • .4450W Mot • r. •r n Moor nwos c aa-• u.1af 441e•0, tom .00T 110•10 00 MO Pat on 0114 •r• a..1r• 1•011 0000 MO On a Pilot VAX 14/41 wale MOM aI. P(. .s al n«] 1u Win 010:011 ROOM M 401081 13/0.41 Mown Wmo M .M oRi s art el .4/10-1. 4410111111000 au. 5 wn .o Ida-1 •• •PV1wU • • :.:ya MOM NO M. .lva M00% 411000141 • �J RMID w Nr-MO .Os &i ar- sun •Aw•• W.Itn v 1111 • 1« ••.n arc Mot 0444 PACKET PAGE: 278 AGENDA ITEM 5.1 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Sharon Paisley, Development Director SUBJECT: Acceptance of Sustainable Transportation Planning Grant Funds and Signature Authorization for Documents Related to the Sustainable Transportation Planning Grant / Sustainable Communities Grant Program / San Jacinto Trails Master Plan RECOMMENDATION: 1) Accept the California Department of Transportation Sustainable Transportation Planning Grant/2016-17 Caltrans Sustainable Communities Grant Program funds in the amount of $116,000.00. 2) By motion, adopt Resolution No. 3644 authorizing either the City Manager or City Engineer to execute the Restricted Grant Agreement and all other required documentation related to the Sustainable Communities Award Grant "San Jacinto Trails Master Plan," subject to City Attorney approval as to form. DISCUSSION: The Sustainable Transportation Planning Grant Program ("Grant Program") was created by the California Department of Transportation ("Caltrans") to support its current mission: provide a safe, sustainable, integrated, and efficient transportation system to enhance California's economy and livability. Overarching objectives of the Grant Program were identified by Caltrans to ensure consideration of these major efforts in transportation planning, including: sustainability, preservation, mobility, safety, innovation, economy, health, and equity. The intent of the Grant Program is to make funding available for a wide variety of transportation programs and plans that eventually lead to the adoption, initiation, and programming of transportation improvements at the local and regional level. Specific objectives of the Grant Program include identifying and addressing mobility deficiencies in the multimodal transportation system. This includes a focus on environmental justice and disadvantaged communities; stakeholder collaboration; active public engagement; and integration of Smart Mobility 2010 concepts, and is ultimately intended to result in programmed system improvements. On December 23, 2015, a Sustainable Transportation Planning Grant/Sustainable Communities application was submitted to Caltrans for the "San Jacinto Trails Master Plan". The San Jacinto's Trails Master Plan will provide a strategic framework for the future development of a fully connected, multi -use, non -motorized trails network. Planning efforts will focus on improved safety for travelers; equitable transportation options for all ages and ability; increase access to public transit, schools, employment, PACKET PAGE: 279 AGENDA ITEM 5.1 and city amenities; engagement of the general public, especially underserved populations, to participate in planning efforts, and improved public health and residents' overall quality of life. The Trails Master Plan will express the vision and culture of this growing community, align with regional non -motorized transportation plans, and address sustainable community planning goals and objectives. On June 8, 2016, the City was notified of award of the 2016-17 Caltrans Sustainable Communities Grant "San Jacinto Trails Master Plan" in the amount of $116,000.00. However, as part of the Grant Program, Caltrans requires a certified resolution which identifies the project and the official authorized to enter into a contract with Caltrans. This condition must be fulfilled no later than October 30, 2016. Failure to meet this condition will result in forfeiture of funds. ALTERNATIVES: 1) Do not accept the State of California Department of Transportation Sustainable Transportation Planning Grant funds. 2) Do not adopt Resolution 3644 authorizing the City Manager and/or City Engineer to execute the Restricted Grant Agreement and documents related to the Caltrans Sustainable Transportation Planning / Sustainable Communities Grant Program. 3) Provide alternative direction to staff. FISCAL IMPACT: The Sustainable Communities category of grants requires matching funds equal to 11.47% of the total project cost. The San Jacinto Trails Master Plan project is not expected to have any impact on the General Fund. Local Match monies are available, and if the project is approved, will be allocated from the Parkway Development Fund and DIF: Bikeways Fund in the amount totaling $16,500.00. Third party in -kind contributions in the amount of $1,795.00 will be applied as well. Applying all funding sources mentioned brings the San Jacinto Trails Master Plan project total to $134,295.00. Failure to adopt the resolution providing signature authorization as required by the Grant Program conditions will result in forfeiture of grant funds in the amount of $116,000.00. ATTACHMENTS: Resolution No. 3644 PACKET PAGE: 280 AGENDA ITEM 5.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss CITY OF SAN JACINTO ) RESOLUTION NO. 3644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, APPROVING ACCEPTANCE OF GRANT FUNDS AND AUTHORIZING THE CITY MANAGER OR CITY ENGINEER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE SAN JACINTO TRAILS MASTER PLAN WHEREAS, the City of San Jacinto ("City") is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation ("Caltrans"); and WHEREAS, Caltrans has notified the City of award of a 2016-17 Caltrans Sustainable Communities Grant "San Jacinto Trails Master Plan" in the amount of $116,000.00 (the "Grant Funds"); and WHEREAS, in order to receive the Grant Funds, a Restricted Grant Agreement between the City and Caltrans ("Grant Agreement") must be executed before such funds can be claimed through the Transportation Planning Grant Programs; and WHEREAS, Caltrans requires that the City Council of the City of San Jacinto ("City Council") adopt a resolution delegating signature authorization to execute the Grant Agreement, any amendments thereto, and any related documents, to specified City officials. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Jacinto does hereby find and determine as follows: Section 1. The City Council hereby authorizes acceptance of the Grant Funds. Section 2. The City Council hereby authorizes the City Manager, or the City Engineer to execute the Grant Agreement, any amendments thereto, and any related documents, subject to City Attorney review and approval as to form. Section 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and it shall become effective immediately upon its approval. Page 1 of 3 PACKET PAGE: 281 AGENDA ITEM 5.1 PASSED, APPROVED and ADOPTED, at a regular meeting of the City Council on the 6thth day of September, 2016 by the following vote Ayes: Nays: Absent: Abstain: City of San Jacinto Andrew F. Kotyuk, Mayor ATTEST: Angela Walton, City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP Jeffrey S. Ballinger, City Attorney Page 2 of 3 PACKET PAGE: 282 AGENDA ITEM 5.1 CERTIFICATION I, Angela Walton, Interim City Clerk of the City of San Jacinto do hereby certify that the foregoing Resolution No. 3642 was duly passed, and adopted at a regular meeting of the City Council of the City of San Jacinto held on the 6t" day of September, 2016, by the following vote: Ayes: Nays: Absent: Abstain: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND THE Official Seal of the City of San Jacinto this 6t" day of September, 2016. Angela Walton, City Clerk Page 3 of 3 PACKET PAGE: 283 AGENDA ITEM 5.2 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Sharon Paisley, Development Director SUBJECT: Safe Routes to School Active Transportation Committee RECOMMENDATION: Staff recommends that the City Council: 1) Appoint council member(s) to serve on the Safe Routes to School Active Transportation Committee. DISCUSSION: On December 16, 2014, the City Council accepted the grant funds in the amount of $989,000, with $150,000 of the total to be used for the non -infrastructure portion of the project. The Safe and Active San Jacinto Non -Infrastructure program will target students, families, school staff, administrators, and community members. The purpose of the program is to encourage safe walking and bicycling to school, educate parents about the benefits of active transportation, and educate all travelers on ways to improve pedestrian, bicycle, and traffic safety. Thereafter, at the June 7, 2016 City Council meeting, staff was authorized to issue a Request for Proposal and solicit proposals from consultants to develop the San Jacinto Safe & Active / Safe Routes to School Education, Encouragement, and Evaluation Program. Community Now was recommended by the interview panel to provide professional consulting services for the City of San Jacinto Safe Routes to School Program. At the July 12, 2016 City Council meeting, council approved to enter into a contract with Community Now to provide professional consulting services for the City of San Jacinto Safe Routes to School Program. The scope of work includes that a community -based Safe Routes to School Active Transportation Committee be assembled and managed by the consultant. The purpose of this committee is to coordinate the development of the Safe Routes to School Plans, collaborate and assist with the Non -infrastructure Program Implementation and develop strategies for long-term program sustainability of the ATP/SRTS Program. ALTERNATIVES: 1) Do not appoint council member(s) to serve on the Safe Routes to School Active Transportation Committee. PACKET PAGE: 285 AGENDA ITEM 5.2 FISCAL IMPACT: There is no fiscal impact. The Community Now contract for Professional Consulting Services is funded by a Cycle 1 Active Transportation Program Grant. No City of San Jacinto general funds are anticipated to be needed or expended in connection with the Safe Routes to School Active Transportation Committee or any other aspects associated with the Community Now consulting services contract for the Safe Routes to School Program. PACKET PAGE: 286 AGENDA ITEM 5.3 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, City Manager SUBJECT: Resolution No. 3645, forming a Public Arts Commission To Promote and Support The Public Display and Appreciation of Art RECOMMENDATION: Staff recommends that the City Council: 1. Adopt Resolution No. 3645 forming a Public Arts Commission to promote and support the public display and appreciation of art. 2. If formed, provide direction to staff for the implementation of the Commission. DISCUSSION: The San Jacinto General Plan contains an Arts and Culture Element that aims to describe the City's existing arts and cultural resources, identify opportunities for arts enrichment, and define goals, policies, and implementation strategies to further integrate arts and culture into the City's future. Arts and cultural activities are widely recognized to be an essential part of a healthy community life and to make significant contributions to a vibrant community. In furtherance of the City's goals, staff recommends the City Council establish the Public Arts Commission of the City of San Jacinto as an advisory body to recommend actions to the City Council which will endeavor to meet the aims of the San Jacinto General Plan's Arts and Culture Element. If the City Council elects to form the Commission, the City Council should provide staff direction on the implementation of the Commission. In particular, the City Council should inform staff on any measures to recruit applicants to the Commission. ALTERNATIVES: The City Council may provide alternative direction to staff regarding the formation of a Commission or may instruct staff to take other actions to further the Arts and Culture Element of the San Jacinto General Plan. FISCAL IMPACT: Formation of the Commission will result in impacts on staff time because staff resources will need to be utilized to advertise for applications, prepare agendas and meeting locations, staff meetings, and other needs of the Commission. The ultimate impact of the Commission will depend on the timing and frequency of Commission meetings. ATTACHMENTS: Resolution No. 3645 PACKET PAGE: 287 AGENDA ITEM 5.3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF SAN JACINTO ) RESOLUTION NO. 3645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA FORMING A PUBLIC ARTS COMMISSION TO PROMOTE AND SUPPORT THE PUBLIC DISPLAY AND APPRECIATION OF ART WHEREAS, the City Council of the City of San Jacinto ("City") desires to promote and support the public display and public appreciation of art in the City; and WHEREAS, the establishment of a Public Arts Commission will facilitate the artistic and aesthetic goals of the City; and WHEREAS, arts and cultural activities are an essential part of a healthy community life and make significant contributions to the quality of life in San Jacinto; and WHEREAS, the creation of a Public Arts Commission will further the goals laid out in the Arts and Culture Element of the San Jacinto General Plan by identifying opportunities for arts enrichment and assisting in the development of implementation strategies by advising the City Council on ways to support and expand the local arts community; and WHEREAS, the City desires to form a Public Arts Commission to encourage, stimulate, promote, and foster programs for the cultural enrichment of the City and its inhabitants. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Findings. The City Council finds that all of the preceding recitals are true and correct and are hereby incorporated and adopted as findings and determinations by the City Council as if fully set forth herein. SECTION 2. Purpose. The purpose of this resolution is to promote and support the public appreciation of art through the establishment and operation of a Public Arts Commission of the City of San Jacinto. The Commission's purpose is to reflect the diverse nature of the City's population, history, and growth through the public display of art; cultivate audiences for public art; consider ways in which public art can play a role in achieving other community building goals and objectives; foster sponsorship and stewardship of public art; develop recognition of the economic benefits gained through aesthetic enhancement of the City's public spaces; and expand the opportunities for residents to experience public art. This resolution establishes a Public Arts Commission PACKET PAGE: 289 AGENDA ITEM 5.3 that will review and advise the City Council on matters related to the establishment, development, and maintenance of public art. SECTION 3. Establishment and Composition. There is established a Public Arts Commission of the City of San Jacinto with membership, powers, and duties as provided in this Resolution and any other later enacted policies, procedures, or directives related to the Public Arts Commission. The Public Arts Commission of the City of San Jacinto shall be a standing commission of the City consisting of five members. Members will, by experience, training, education, occupation, or avocation have demonstrated knowledge of and interest in the arts. SECTION 4. Appointment. Members of the Commission shall be appointed by a majority vote of the City Council. SECTION 5. Term of Office. The term of office of each member of the commission is four years. Each member serves until a successor is appointed. SECTION 6. Removal or Vacancy. A member of the Commission may be removed by a majority vote of the City Council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. SECTION 7. No Compensation. Members of the Commission serve without compensation. SECTION 8. Meetings. The Commission shall meet in accordance with the Ralph M. Brown Act (Government Code section 54950 et seq.), as amended from time to time. Commission meetings are open to the public and will be noticed in accordance with law. The time and place for Commission meetings shall be established by the City Manager, unless the City Council establishes by-laws or other procedural rules setting forth the time or place of such meetings. SECTION 9. Appointment of Chair and Vice -Chair. The Commission members will designate a chair and vice -chair of the commission from among the membership. Each chair and vice -chair term will be one year. SECTION 10. Record of Proceedings. The Commission will keep a public record of its proceedings, including findings and decisions. SECTION 11. Quorum. Three members of the Commission will constitute a quorum for the transaction of business. PACKET PAGE: 290 AGENDA ITEM 5.3 SECTION 12. Duties of Officers. A. Chair. The Chair will preside at all meetings of the Commission B. Vice -Chair. The Vice -Chair will serve as the chair in the absence or inability of the Chair to preside. C. The Commission shall appoint the Chair and Vice -Chair from within its membership. SECTION 13. Duties of the Commission. The Commission will: A. Advise the City in matters pertaining to the quality, quantity, scope, and style of public art; B. Prepare and regularly update a public art master plan for adoption by the City Council; C. Review and make recommendations to the City Council on all public art acquisitions and gifts; D. Review and make recommendations to the City Council on deaccessioning of artworks, when necessary; E. Serve as stewards of the City of San Jacinto public art collection; and F. Serve as goodwill ambassadors of the public art program to the community. SECTION 14. Severability. If any section, subsection, clause or phrase in this Resolution is for any reason held invalid, the validity of the remainder of this Resolution shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof be held invalid. PASSED, APPROVED and ADOPTED this 6th day of September, 2016 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: PACKET PAGE: 291 AGENDA ITEM 5.3 ATTEST: City of San Jacinto Andrew F. Kotyuk, Mayor Angela Walton, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER Jeffrey S. Ballinger, City Attorney 4 PACKET PAGE: 292 AGENDA ITEM 5.3 CERTIFICATION I, Angela Walton, City Clerk of the City of San Jacinto do hereby certify that the foregoing Resolution No. 3645 duly adopted by the City Council of the City of San Jacinto at a regular meeting thereof, held on the 6th day of September, 2016, by the following vote of Council: AYES: NAYS: ABSENT: ABSTAIN: Angela Walton City Clerk 5 PACKET PAGE: 293 AGENDA ITEM 5.4 September 6, 2016 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, City Manager SUBJECT: Approve a Memorandum of Understanding with the Service Employees International Union, Local 721 and a Memorandum of Understanding with the Management Association RECOMMENDATION: Staff recommends that the City Council: 1. Approve the three-year Memorandum of Understanding with the Service Employees International Union, Local 721 (the "Local 721"); and 2. Approve the three-year Memorandum of Understanding with the Management Association (the "Association"). BACKGROUND: Labor-management relations of most California public agencies are governed by the provisions of the Meyers-Milias-Brown-Act ("MMBA"). Public employers covered under the MMBA have a duty to meet and confer with recognized employee organizations on matters within the scope of representation. Traditionally, matters concerning wages (pay and benefits), hours, and working conditions have been considered mandatory subjects of bargaining within the scope of representation. The recognized bargaining group for most non -management employees in the City is Local 721, and for most management employees is the Association. DISCUSSION: The existing Memorandum of Understanding (MOU) with the Association expired, after a couple one-year extensions, on June 30, 2016. The City negotiators met with representatives of the Association over the past several months to develop an MOU to replace the existing MOU. As a result of this effort, an MOU has been prepared and is presented for your consideration. The Association has already ratified the terms of the proposed MOU as set forth in the attached Tentative Agreement. The existing Memorandum of Understanding (MOU) with Local 721 expired, after a couple one-year extensions, on June 30, 2016. The City negotiators met with representatives of the Local 721 over the past several months to develop an MOU to replace the existing MOU. As a result of this effort, an MOU has been prepared and is PACKET PAGE: 295 AGENDA ITEM 5.4 presented for your consideration. Local 721 has already ratified the terms of the proposed MOU as set forth in the attached Tentative Agreement. Staff is prepared to review each recommended MOU in detail or answer any questions the Council members may have. If needed, a closed session item is included on the agenda in the event the Council wishes to adjourn to closed session and then return to open session for discussion and possible action on each MOU. FINANCIAL IMPACT: The Approved 2016/17 Budget included enough funding to meet the salary and benefit adjustments proposed by both MOUs. No further budgeting adjustments are necessary. ATTACHMENTS: Attachments will arrive under separate cover. 1. Memorandum of Understanding between City of San Jacinto and San Jacinto Management Association. 2. Tentative Agreement with the Management Association to be effective from July 1, 2016, through June 30, 2019. 3. Memorandum of Understanding between City of San Jacinto and Local 721. 4. Tentative Agreement with Local 721 to be effective from July 1, 2016, through June 30, 2019. PACKET PAGE: 296