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1999 08 03 RDAT4ht 4 4 Q" Redevelopment Agency Agenda CITY COUNCIL CHAMBER 78-495 Calle Tampico La Quinta, California 92253 Regular Meeting August 3, 1999 - 2:00 P.M. CALL TO ORDER a. Roll Call PUBLIC COMMENT Beginning Res. No. RA 99-06 This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CLOSED SESSION NOTE: TIME PERMITTING, THE CITY COUNCIL MAY CONDUCT CLOSED SESSION DISCUSSIONS DURING THE DINNER RECESS. ADDITIONALLY, PERSONS IDENTIFIED AS NEGOTIATING PARTIES WHERE THE CITY IS CONSIDERING ACQUISITION OF THEIR PROPERTY ARE NOT INVITED INTO THE CLOSED SESSION MEETING. CONFERENCE WITH AGENCY'S REAL PROPERTY NEGOTIATOR, JFRRY_ HERMAN, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERN INC, POTENTaAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF 48T" AVENUE AND ADAMS 'STREET. PROPERTY OWNER/NEGOTIATOR: LA QUINTA REDEVELOPMENT AGENCY. PUBLIC COMMENT - 3:00 PM This is the time set aside for public comment on any matter not scheduled for a public hearing. Please complete a "request to speak" form and limit your comments to three minutes. Please watch the timing device on the podium. CONFIRMATION OF AGENDA APPROVAL OF MINUTES a. Approval of Minutes of July 20, 1999 CONSENT CALENDAR Note: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 3, 1999. 2. ACCEPTANCE OF ASSESSMENT/SEWER HOOK-UP FEE SUBSIDY PROGRAM - PROJECT 99-02 AND AUTHORIZATION FOR THE CITY CLERK TO FILE A NOTICE OF COMPLETION. 3. ADOPTION OF RESOLUTION APPROVING A RECORDS RETENTION PROGRAM. BUSINESS SESSION - None STUDY SESSION - None Page 2 002 DEPARTMENT REPORTS - None CHAIR AND BOARD MEMBERS' ITEMS PUBLIC HEARINGS JOINT PUBLIC HEARINGS WITH THE CITY OF LA QUINTA. AFFORDABLE HOUSING AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE SPANOS CORPORATION FOR THE PROPERTY LOCATED ON THE EAST SIDE OF ADAMS STREET AND NORTH OF THE INTERSECTION OF ADAMS STREET AND 48T" AVENUE. A) MINUTE ORDER ACTION. 2. AGREEMENT TO SELL REAL PROPERTY LOCATED AT 52-050 AVENIDA MENDOZA BY AND BETWEEN JOSE AND MARIA CHICAS AND THE LA QUINTA REDEVELOPMENT AGENCY AND AUTHORIZATION FOR THE EXECUTIVE DIRECTOR TO EXECUTE THE NECESSARY DOCUMENTS. A) MINUTE ORDER ACTION. 3. AGREEMENT TO SELL REAL PROPERTY LOCATED AT 52-085 AVENIDA ALVARADO BY AND BETWEEN TERRI OROSCO AND THE LA QUINTA REDEVELOPMENT AGENCY AND AUTHORIZATION FOR THE EXECUTIVE DIRECTOR TO EXECUTE THE NECESSARY DOCUMENTS. A) MINUTE ORDER ACTION. ADJOURNMENT Page 3 0013 DECLARATION OF POSTING I, Saundra L. Juhola, Secretary of the La Quinta Redevelopment Agency, do hereby declare that the foregoing agenda for the Redevelopment Agency meeting of August 3, 1999 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and on the bulletin board at the La Quinta Chamber of Commerce and at Albertson's, 78-630 Highway 1 1 1, on Friday, July 30, 1999. Date : July 30, 1999 AUNDRA L. JU LA, Secretary La Quinta Redevelopment Agency PUBLIC NOTICE The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7025, 24-hours in advance of the meeting and accommodations will be made. Page 4 004 15 T4ht 4 'y OF TNT COUNCIL/RDA MEETING DATE: AUGUST 3, 1999 ITEM TITLE: Demand Register Dated August 3, 1999 RECOMMENDATION: Approve Demand Register Dated August 3, 1999 BACKGROUND: Prepaid Warrants: AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING 37834 - 37845) 235,146.74 378461 426.00 37847 - 37853 } 2,283.00 37854 - 37862) 4,203.99 Wire Transfers) 144,676.26 P/R 3420 - 34961 91,954.37 P/R Tax Transfers} 23,704.81 CITY DEMANDS $1,576,218.24 Payable Warrants: 37863 - 37991) 1,111,846.21 RDA DEMANDS 38,023.14 $1,614,241.38 $1,614,241.38 FISCAL IMPLICATIONS: Demand of Cash -RDA $38,023.14 M. Falconer, finance Director 005 CITY OF LA QUINTA BANK TRANSACTIONS 7/14/99 - 7/29/99 7/23/99 WIRE TRANSFER - DEFERRED COMP $5,248.49 7/23/99 WIRE TRANSFER - PERS $13,310.03 7/23/99 WIRE TRANSFER - CREDIT UNION $6,117.74 7/29/99 WIRE TRANSFER - ESCROW PAYMENT - RDA SUBSIDY PROGRAM $55,000.00 7/29/99 WIRE TRANSFER - ESCROW PAYMENT - RDA SUBSIDY PROGRAM $65,000.00 TOTAL WIRE TRANSFERS OUT $144,676.26 N ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 10:19AM 07/29/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK NUMBER CHECK DATE VENDOR NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** PAYMENT AMOUNT 37863 07/28/99 &00842 NANCY DUTHIE 35.00 37864 07/28/99 &00843 DEBORAH APPLEBAUM 80.00 37865 07/28/99 &00844 BRENDA AVALOS 10.00 37866 07/28/99 &00845 ESTELLA DUARTE 35.00 37867 07/28/99 &00846 RONALD HAWKS 27.00 37868 07/28/99 &00847 JUNGLE LAZERS LLC 6.00 37869 07/28/99 &00848 ROSS MARKWARDT 40.00 37870 07/28/99 ALB005 ALBERTSONS FOOD CENTER 97.38 37871 07/28/99 AME025 AMERICAN ASSOC CODE ENF 45.00 37872 07/28/99 AME050 AMERICAN PUBLIC WORKS ASC 100.00 37873 07/28/99 AME200 AMERIPRIDE UNIFORM SVCS 42.21 37874 07/28/99 AND050 ANDY'S AUTO REPAIR 374.66 37875 07/28/99 ARRO10 ARROW PRINTING COMPANY 139.28 37876 07/28/99 ATK100 ROBERT ATKINS 38.40 37877 07/28/99 ATT100 AT&T WIRELESS SVC 41.59 37878 07/28/99 ATT200 AT&T 18.67 37879 07/28/99 AUT030 AUTOMATED TELECOM 247.72 37880 07/28/99 BAR050 RENEE BARIBEAU 175.00 37881 07/28/99 BEI050 R BEIN, W FROST & ASSOC 269838.85 37882 07/28/99 BER007 JEFF BERLINGERS MOBILE 16.00 37883 07/28/99 BIG010 BIG A AUTO PARTS 293.38 37884 07/28/99 BRA150 JOHN BRANSTETTER 80.00 37885 07/28/99 CAD010 CADET UNIFORM SUPPLY 314.94 37886 07/28/99 CAL031 CALIF PARKS & RECREATION 410.00 37887 07/28/99 CAM045 CAMERON NURSERY & TURF 152.47 37888 07/28/99 CAT100 CATELLUS RESIDENTIAL 42376.56 37889 07/28/99 CDP050 CD PUBLICATIONS 289.00 37890 07/28/99 CLA050 CLASSIC AUTO TRANSPORT 40.00 37891 07/28/99 COA030 COACHELLA VALLEY INSURANC 15902.00 37892 07/28/99 COA080 COACHELLA VALLEY WATER 13206.40 37893 07/28/99 COM030 COMSERCO 64.61 37894 07/28/99 COM040 COMMERCIAL LIGHTING IND 3471.76 37895 07/28/99 DES018 DESERT ELECTRIC SUPPLY 168.09 37896 07/28/99 DESO40 DESERT JANITOR SERVICE 4425.77 37897 07/28/99 DES065 DESERT TEMPS INC 6820.80 37898 07/28/99 DIE020 D HERNANDEZ DBA DIEGO'S 725.00 37899 07/28/99 DII050 CHRISTINE DIIORIO 90.00 37900 07/28/99 DOU010 DOUBLE PRINTS 1 HR PHOTO 8.43 37901 07/28/99 DRE100 DRESCO REPRODUCTION INC 159.60 37902 07/28/99 EAG100 EAGLE/HOUSEHOLD BANK FSB 86.32 37903 07/28/99 EVA050 DAVID EVANS & ASSOC INC 1950.00 37904 07/28/99 FIE020 FIESTA FORD INC 231.42 37905 07/28/99 GAS010 GASCARD INC 1837.22 37906 07/28/99 GTE010 GTE CALIFORNIA 301.86 37907 07/28/99 GUM050 BRAD GUMMER 220.50 37908 07/28/99 HEN100 HENRY'S GLASS CO 75.46 37909 07/28/99 HER050 RACHEL HERMANSON 1610.00 007 3 ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK NUMBER 37910 37911 37912 37913 37914 37915 37916 37917 37918 37919 37920 37921 37922 37923 37924 37925 37926 37927 37928 37929 37930 37931 37932 37933 37934 37935 37936 37937 37938 37939 37940 37941 37942 37943 37944 37945 37946 37947 37948 37949 37950 37951 37952 37953 37954 37955 37956 37957 37958 CHECK DATE 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 CHECK REGISTER BANK ID: DEF VENDOR NO. NAME HIT001 HOAO10 HOM030 HON050 H00050 HOP100 HYA052 ICM020 ICM030 IMPO10 INT014 IVE100 JAG050 JAS100 JUD010 KEI010 KEL010 KIN050 KIN100 KOR050 KRI100 LAQ030 L00010 LOP050 LOS050 LUB050 MA1050 MCDO10 MCK010 MIR010 MOB100 MUNO10 NAT004 NAWO10 NEX010 NIC100 PAL010 PCR100 PER007 PIN050 PIT015 PRI020 PRI070 PRY050 QUI100 RAL050 RAS020 REY050 10:19AM 07/29/99 PAGE 2 HITT MARKING DEVICES, INC HUGH HOARD INC HOME DEPOT ** AP CHECK RUN VOID ** DAWN C HONEYWELL FAYE HOOPER NANCY HOPKINS HYATT REGENCY DENVER ICMA DISTRIBUTION CENTER ICMA DUES RENEWAL IMPERIAL IRRIGATION DIST INTERNATIONAL COUNCIL OF LINDA D IVEY JAGUAR COMPUTER SYS INC JAS PACIFIC JUDICIAL DATA SYSTEMS COR KEITH COMPANIES KELLY SERVICES INC KINKO'S KINER/GOODSELL ADVERTISNG KORVE ENGINEERING, INC BRUCE KRIBBS CONSTRUCTION LA QUINTA CAR WASH LOCK SHOP INC RAY LOPEZ ASSOCIATES LOS ANGELES TIMES LUBE SHOP MAINIERO SMITH ASSOC INC MC DOWELL AWARDS McKESSON WATER PRODUCTS MIRASOFT INC MOBILE COMM MUNI FINANCIAL SERV INC NATIONAL ARBOR DAY FOUND RON NAWROCKI NEXTEL COMMUNICATIONS NICKERSON, DIERCKS & ASSC PALM SPRINGS DESERT RESRT PCR THE PERFECT ANSWER PINK INC PITNEY BOWES THE PRINTING PLACE PRINTING SOLUTIONS FRED PRYOR SEMINARS QUILAN PUBLISHING GROUP RALPHS GROCERY CO RASA - ERIC NELSON ELAINE REYNOLDS PAYMENT AMOUNT 6.20 1886.12 471.01 13172.50 25.00 168.00 462.85 100.35 800.00 18331.13 1550.00 600.00 762.87 1811.00 100.00 175.48 3307.83 93.02 9752.55 20951.00 5956.00 107.40 328.24 4700.00 33.12 28.34 3500.00 232.15 146.69 10008.75 126.22 100.00 50.00 2400.00 1551.01 5178.00 20000.00 5152.50 35.85 600.00 308.05 136.84 3307.93 129.00 149.89 35.47 4515.00 26.00 0 ACCOUNTS PAYABLE - AP5005 CITY OF LA QUINTA CHECK NUMBER 37959 37960 37961 37962 37963 37964 37965 37966 37967 37968 37969 37970 37971 37972 37973 37974 37975 37976 37977 37978 37979 37980 37981 37982 37983 37984 37985 37986 37987 37988 37989 37990 37991 CHECK DATE 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 07/28/99 CHECK REGISTER BANK ID: DEF VENDOR NO. NAME RIV020 RIV100 RIV101 RIV150 ROS010 SAX100 SCA050 SEA200 SEC050 SOCO10 SOF100 SOU007 STA043 STA050 STA070 SUN075 TER100 TKDO10 TOP010 TRIO10 TRUO10 UND010 UNI200 USB100 USO100 VONO10 WAL010 WAR060 WHE050 XER010 10:19AM 07/29/99 PAGE 3 RIV CNTY AUDITOR-CONTROLR ** AP CHECK RUN VOID ** RIVERSIDE COUNTY SHERIFFS RIV COUNTY SHERIFF/INDIO RIV COUNTY TRANSPORTATION ROSENOW SPEVACEK GROUP ** AP CHECK RUN VOID ** SAXON ENGINEERING SERVICE SCAN/NATOA SEAWRIGHT CUSTOM PRECAST SECURITY LINK/AMERITECH THE SOCO GROUP INC SOFTMART INC ** AP CHECK RUN VOID ** SOUTHWEST NETWORKS, INC ANGELA STANLEY STAPLES STATE NET SUNLINE TRANSIT AGENCY TERRA NOVA PLANNING & T.K.D. ASSOCIATES INC TOPS'N BARRICADES INC TRI LAKE CONSULTANTS INC TRULY NOLEN INC UNDERGROUND SERVICE ALERT UNITED RENTALS US BANK US OFFICE PRODUCTS VON'S C/O SAFEWAY INC WAL MART STORES INC WARNER ENGINEERING WHEELER'S XEROX CORPORATION CHECK TOTAL PAYMENT AMOUNT 247.00 494123.25 1401.22 11181.00 22868.17 8715.00 50.00 4359.75 111.45 813.49 407.13 4996.43 12.67 593.21 1470.00 961.52 9674.88 388.75 200.80 23541.00 156.00 161.25 3154.52 4402.50 1368.67 58.34 33.70 3200.00 1030.00 2075.80 1,111,846.21 in, 5 e-1 rl N Al d' �fl 1p r 07 O 01 �-1 N f+1 � z ON \ 0 N O W N r N h N r N n N n N r N r N r N r N r N n N N r h N n v H H E E E E E E H E H �'1 H F H 0 O 0 O O 0 O O 0 O O 0 O LO 0 O n 0 O tD 0 O O o O O m 1+ n o O u) 0 0 O O O O .� N N a �RRRiiii 0 0 o 0 o 0 0 0 w o o 1! o ui 0 o Sri m ca ED GD w H Sri ("1 w k w m N E z v1 vl -0 O W z 01 d' O e-1 H o o a a A A � � oqP-Hpp RC W W H RWR Z S z z z z PW z H z W InQ'i a' P4 �W7 p'i �W7 ai [Z7 R'i LG �Z.7 y W W ru W q n 1 � W W r O m r N LD ID ri •i r n O t+l H q H D1 O 'i lD 1zp co O N N " D1 O O t'1 lD U3 Q a H � -0 d' -0 d' -0 d' d' d' LO �[1 t+l m d' d' 03 OJ H '-I W � a o F w a O O O O O d Ol d d 0 O O O v r� O O o o 0 O 0 O 0 o n dD O O -n d, n cr o o o O O o o o .o 1D n t'1 d' n -0 n -0 d' n -S. d' n -0 d' DD -0 d' -0 d' d' r -0 a n -0 d� 0 O 01 0 r n f'1 (+1 O O 1p O eF O O O O O O O O n N lD N Al d' N �7 U O O O O O 0 O O O O O O O O O O O O O N icl t+l Ln Ln d' d' O N µ' O ri O 'i O e-1 O O O O O O O O O O O U U ca In o ] a U o 3 0 FA g �a a s a z a z A a N a a A a to U a m a z ao w W O N d' rl -0 -0 -0 a9 -0 1D r DD O Ill O O O U U R' H H U ODW o O W 0 O W O O W d' N O O W d' coCID 0 O W d' 0 O W d' 0 O W d' O O W d' 0 O W O O W FNC N N O [s� Q£i 0 0 O N 010 6 O, o, °z rl H 1D H N n .--I M H r, ,n a In O, O r, d' H N N N OD N \ N r O W C9 a w U H n N r H r N n H r N n H ,D N n H r N r H n N n H r N r E+ r N r H r N r H r N r H N N n H N N r E n r N N n r E E a r1 EI E ,D U0 v r co N O, r, O d! co Ih O, In H d' O D, itl n n N H O O, m O N W r, ul O O d' OD O O '-I O, r-I 10 ow r, d' N O O -e O rl ID r .'-I n a a rl m l0 H co O d� O, n l0 H N O O d' O H d' O, LO LLl m O O N v ,D n m N In .--I ID D r, to H d' co H n n N .-I W OD O1 ID O P. 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N N m m h -0 m m m m w m u O O 0 O O O O 0 0 N m 0 0 1Il n h m ID h rl 0 Ill m m H H m O O O O O O O O O O O O O O 0 N O m O 0 0 z z.I .7 r1 O h m Ill rl O h m Ill rl O h rl Ifl m O 0 N Ill m O 0 Ill Ill m O w H m m O w l0 m Ill O w 0 V' m O 0 N Ill 0) O l0 N O 0) O l0 h Ill m 0 lD N Ill Ill H ID V' Ill h O ID H O h O tD H 0 HHHMH O h H Ill O h H Ill O h H Ill O h n Ill 0 n H Ill U U a' H O H O H O cp H O W H O W H O W H O W H O IO H O N H O rl H O d' H O d' H O CI H O rl CD H O 11 m H O H N H O H m H O H H H O H H H O •-I z H z H z z z z z H z H w O flj H w H W H W Hz H a O d1 H a O ,17 H�., H a O W a 5 H R a O H a O U z U z W a W m U o Q U o q U q U q U q w W a� m m a� m 0 fn 0 M 0 m 0 W 0 w 0 H H a co zz arc w z w o°c w a w s w a s a m ai a o z 0 a z to a z a H H H H H H O aI O r O z Wq w N za m a z'a m U w 0 a U w 0 U 41 0 U 0 a U w 0 a w o o 0 0 0 0 0 0 0 0 0 0 0 0 0 o O o 0 0 0 O AI U H OH H O H OH H O HFHa H O H O H HHH H a H H H OH H O H O O H U O HU O HU O oro O O H � O H O H 2 1 1 0 Z'5 n W 01 O H N 0l l0 V0 0n r r Q n r r W co H H H 0.) co H W O H coW H H H .N H � z co x (14 - x n O W r N n N r N r N n N r N N N r N N N n N r N r N o N r N N r r r r r r r r r r r r r r £ t a H H H H H H H H H ElH H H H w O O 00 H O1 OD rl O co *H M m r O H --I I M N U) 'n O Vo H 0 W Ifl N a r .0 0 0 0 0 19 1h r O O m ao co m o o In to Ln In N O 0 0 H m H N z w N WO gg x W W H H H H cL a H H z Iq-1 H o H H w H° a x iL w W to ca ca m to a U a m a H H H H H H H $ a $ H U 14 I4 14 14 17 14 14 z O z 14 z z U' O z w z H W q pNpI q pap4� :o pap4� q 0p1I q papl� q pNpI q WaW D H W �r7 > dapyI :o �.7 > w H ��77 9 0 OU 9 O FC 9 W w W W W W U1 co w N q W U U W W H 0 a O Oco pgWq N M O M I'l -,0) Ol r C14 �jyO �0 to a H q H q z sC r+ Ri RC •, Obi m co Ln m m m w Obi w q O O O O O O O u'1 co N O '-1 04 w w a 0 w a O N N N O O O O O O O O N pq O O O O O O O O O O O O 0 O OH o O OH OH OH O OH Od OH OH tp m MW z O 0 0 0 O O O 0 O OJ f 0 - N n N n m C.- m n m r -I r H r H N N ID w ow m m io m n m 7 O o Ln n u) u) O O O O 00 U) U) U U H H H H H H H H H 1p H H H H a' O O O O O O O O O O O O O N N H H H H U z H U o H H H H H E E ?+ z x z z a a ] a 3 aH4 O O p0 RC O O O O O O O Ica W El jIaWS� 4oG 0 1 W W W W W W W U1 �-1 M F N W boy �0 Ly W W W W W W W W O Z U O a H W O O x H w H w H w H w H w H W H W U a w a U U a+ a w w w w w w w m w a x x w oq 0 0 0 0 0 0 o zz to yz xW x W& W$ W O D o o o O O o O o O O O O O o o H o H O ko O On O o -4 O -4 E ~ ~ H O oy O O O O O n z p0� xS 4 u � 5 OD 3 3 0 Wo �C WO X 02* 22 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER 12:42PM 07/23/99 CITY OF LA QUINTA BANK ID: DEF PAGE 1 CHECK CHECK VENDOR PAYMENT NUMBER DATE NO. NAME AMOUNT ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37854 07/23/99 CAL050 STATE OF CALIFORNIA 25.00 37855 07/23/99 LAQ050 LA QUINTA CITY EMPLOYEES 351.00 37856 07/23/99 MCM060 MCMILLAN INSTITUTE 105.00 37857 07/23/99 PEN010 JOHN PENA 403.00 37858 07/23/99 REA060 REAL PROPERTY ASSOCIATES 1000.00 37859 07/23/99 RIV040 RIV CNTY DISTRICT ATTORNY 426.50 37860 07/23/99 SUP100 SUPPORT PAYMENT CLEARING- 150.00 37861 07/23/99 UN1005 UNITED WAY OF THE DESERT 154.00 37862 07/23/99 WEL025 WELLS FARGO BANKCARD 1589.49 CHECK TOTAL 4,203.99 027 23 z H N r is N M a' N N m O rl . E z M CN U rn 0) U c7 C7 m rn rn C7 C7 t7 C7 O W E+ rn a) rn (3% rn C7 r4 a) rn W W W rn rn rn W W W W r-C PQ F E E E E F E E F F E+ E a a r M O O O C. O O O O aJ la O N a) N E O O O O O N O O r N r-1 r D> .� z E W z Ln ri N M O la O a' a) T O a) M x q N ul O O O (N N ur) w d' 0 a) O >1 0 M .-I d• O d' rl -4 N 1-1 N � H a d' 0 0 o O o O O O rn 0 0 0 0 0 Ln o o c 5 .-� u) (1) O q w a O v ai a E N q N O O (D N D L u) ODFC U) O > CT U] f-4 -1 N E r H H O I r.0 PG I 3 E W z (xn N UU) coq Cl) II H W W w a a H r a s a a a a a s s a a z U E+ a E O F » E -,I F (7 E C7 F q E F a O 1 O 1 O -0 O El O rO I O I O 1 O O W H • E+ • El \ E ElW E E+ El El ElU E f4 S4 m m N S-I H a 1j 0' +) C4 >+ PG N PG a Z iJ PY 43 P: J-) Z N N N N r4 O H w 0 m 0 7 0 \ 0 O w 0 m 0 N O > > > > 0 z U ❑ z ❑ z z z ~ z ❑ z ❑ z. ❑ z u W u u z H CO W w u) w ro W 0. W w w w E F E F W W a' > 7. > Cl > P'. > W > R'. > Pr > a. > > 1 q \ \ \ O v \ \ \ > > > > co a a r a u a a a a a a a ❑ W 44 H KC IU+ W❑ rz °i I w z z x w H ❑ H z , 0 q E H z `4 z a r-C m w w x O 0 Cu F a o O O o r o o O o 0 C. 0 W o 0 0 0 .-, o C. O O O o 0 W O O O O M O O Cr) O O O O z N N O M a' N N N M M M M N N r .--I d' N N N w E+ z O O N O O O O O N M la M q 0 O O O O O O O O O O O O O -O N O O O O O rl E a) a) U () la ui r,C o 0 0 0 0 o O o 0 0 -:v c U) w Pz4 z z O O H r-C W ❑ ❑ ❑ ❑ a ❑ 4 Kr < M H W w 0 O z E U) E U W U U U U o a W D CO U x x x x x Oa E a >+ FE a z FC4 4 r-C KC WO q P7 PO W iHl - H COF F CFn a 0 z a H N 0 0 0 0 FC U H w ❑ r.0 >+ U' 0 0 0 W F < r.0 a a FC 1% % % a. a z k, El z z O >+ 3 < < < FC fA H O z aC W Z El El k+ G, N a a OI W D a U O W U W cn cn r.0 Q: F OI H z a a H a .a a s a FC O < ,�". x F�4 > a H a a a a a q E-H KC U O W H D z W W W W cn z U) a h PG P4 U) p S 3 S 3 E-E Cv W z 0 > O o O o o O O ut u) ul Lr) ur) •J N u) ID ri la cl• O O N N N N O » O O O O O O r-I O O O O O U E a Ol ,�'. z fC > a H a a a a U,I aC < U W w H D z W W W W < U U a a a U) p S$ 3$ ` 028 24 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37847 07/22/99 AME060 A.P.W.A. 37848 07/22/99 ANDO10 ANDERSON TRAVEL SVC INC 37849 07/22/99 DOU050 DOUBLETREE HOTEL 37850 07/22/99 HAR100 JOHN HARDCASTLE 37851 07/22/99 MCM060 MCMILLAN INSTITUTE 37852 07/22/99 NAF100 NAFTASHO 37853 07/22/99 S00030 S.C.A.C.E.O. CHECK TOTAL 08:43AM 07/22/99 PAGE 1 PAYMENT AMOUNT 340.00 478.00 275.00 300.00 140.00 450.00 300.00 2,283.00 1� 25 zr cM N M l0 r1 O E z m rn \ N N 0 < w w w w w w w W PQ E H H E+ H E E N d' O O O Cl O O O O O H z H O O O 0 O' O 0 C. w z o cv 1n o 0 0 o ri £ b c r r o c 1n o m �O�j a+ W N O O O O O O O O O CDO O O O o OD Ln o 0 0 o a c r r o c Lr) O r.0 M C N M r M E 0 m H 4j N E+ x z c U W N a co a a > a 4j a a N a N < �D < b 4 i-I < N z \ H 44 E. \ E. 1d H vI H -H H 1d F+ 0 O rn O C O w O O r1 O A O H O W H 1 E O El E+ 01 H .1 F+ -H E U E-+ U H rn U c -A 0 .I~ H W r1 14 Pi \ Qi 4.1 O� 70 x 14 0) z O H \ O N O m O m 0 O N O G O > rx rn ❑ 4-j ❑ ❑ ro ❑ w ❑ ❑ -,1 ❑ z U z -H z r-I z U z z .0 z C z H U] O W > W N W 'd W V7 W +1 W -H W W❑ Q. > > > > > 00 > > I O O N 41 W Cu H H q ! a o w PQ ww z z x H ❑ H `.: I H z O ❑ E+ H x a z a pa w w I 1 0 O w E rz 0 0 0 o O o 0 w 0 0 C. 0 0 0 0 w o 0 0 0 0 0 0 r r r M M r r z z M M M M O M M 0 0 o H r o 0 E 'Z. r1 H H O N (M N D ul 1n to O O O 1n O C' N N O N H M U U rl �-i ri rl r1 H H O O O O o O O r-1 ri rl H rl H fi U z H U M > W 0 u) E 0 a p 1n a W W E FC > O E H x Un [n 194 O r.0 E+ W 1zi. a z w z a a z O D o U w z a ai >1 a x a a a O rC a q 5 x z w U 0❑ h H z m [u wFC z 0 > 0 0 0 0 0 C. 0 n to r1 1n O to O (1)0 >� O cm) CDr-I o ,-1 0 H 44 U 1-1 z O � U < O < U rC < ❑ x z co 26 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37846 07/20/99 &00841 LEGOLAND CHECK TOTAL 08:11AM 07/20/99 PAGE 1 PAYMENT AMOUNT 426.00 426.00 27 z o E z \ 0 N \ x I` U c� o W E f4 C7 FC W a tp E 0 0 0 ao F o 0 o z E W z 10 10 E ❑ N N > O a o a 0 0 o a N KC d F O E+ F z w a r D4 z E a O o W H F U E+ CL H W •,-i (1, O H s O a aj ❑ z U z H co M W W N > I U) ❑ W Cu H U W H ❑ GY W 0 w I z z x w H ❑ H z o O F H x FC z a FC4 m w oa tz 0 o w F a4 0 W o w o D M z 0 E z M x � O N U U .) � o H M O O U1 LL W F a z ❑ W H z a .4 � a a a a o a o a ❑ w n z a z o > H 000 ID+ �G U E-E o U H O r.0 U w 28 ACCOUNTS PAYABLE - AP5005 CHECK REGISTER CITY OF LA QUINTA BANK ID: DEF CHECK CHECK VENDOR NUMBER DATE NO. NAME ***NO CHECKS WERE USED FOR PRINT ALIGNMENT.*** 37834 07/14/99 CAL041 CAL VISION SERVICE PLAN 37835 07/14/99 CAN050 CANADA LIFE ASSURANCE CO 37836 07/14/99 CCA010 CCAPA 37837 07/14/99 COA080 COACHELLA VALLEY WATER 37838 07/14/99 CVA010 C V A G 37839 07/14/99 ELRO10 EL RANCHITO 37840 07/14/99 LAQ040 LA QUINTA CHAMBER COMMERC 37841 07/14/99 LEA015 LEAGUE OF CALIF CITIES 37842 07/14/99 PRI050 PRINCIPAL MUTUAL 37843 07/14/99 RAP050 RAPID DATA INC 37844 07/14/99 TOT020 TOTAL CONSTRUCTION 37845 07/14/99 TRA030 TRANSAMERICA INSURANCE CHECK TOTAL 5:43PM 07/14/99 PAGE 1 PAYMENT AMOUNT 1181.75 505.33 355.00 2500.00 144210.62 130.57 38750.00 275.00 41051.22 169.97 5965.00 52.28 235,146.74 033 29 z Ol N C' Ln M kD r co rl O rl N M O H z rn C H r U CJ C7 C7 C7 C7 t7 C7 t7 C7 CJ C7 C7 c7 Q El C7 Fc W W W W W W W W W W W W W w a E E E E E E H E El El E El E c N M O o N r O O N O r O O] u1 El r M o O �o LO O O C o) C. N z F W z H LO o O O O Lr) r M 61 u1 N x O Ou O Ln o fi M vN r '3' o to to u7 >� O N M u7 N r N of (N -1 o) < H N C' 00 r M M W C M M H u7 M O O N r O O N r O OJ r M O O l0 u1 O O N Ol (2:: N H N N O O O O U"J rl Ol N N W O to O .-i M u) r LO ko u7 .-� ul M Ln N rl r N O H 01 H N C' of -1 u7 � H C. a W a) a a a a sa a s a a a a m a a a FC FC FC a) a' a' a) Fc O Fc FC FC a) FC N Fc a' z Fi F F� F E W H v) F q E o f F H a E O H E O o a o 0 0 o . o \ o o a 0 m o b o ;:10 W H .H E+ .4 F E-F a F E .H E+ m F a) F .H .H F 4-) E E F U E ri F v) C 'O rn U ri Fi U H LL a) a a) 0.'� W Z R'. O o: P: O: 0 a. m a) O: rI W � P. a) Q4 O H u O u O C O O u) 0 O u O a) O u u 0 -A O O w 0 > a Qa Q Q. Q o Q Q u Q -H Q 41 Q u Q a a Q O Q O Q a Q z 0 z z U z a z (1) z U z b' z a) z z u z ul) z z H co >i w >, W w O w W W G w w W W ?i 7+ w w O w >r w W .1 > H > Fc > I > W > �:l > 41 > C > rl H > x > I > H > Q W O a) O u) O ro N co m U H U n n i) M n W G. U W H Q (].' iJ S-I S-1 it o W \ \ \ \ > I > ��"' a a a a H Q H p m o) Ol M o) H z \ \ \ u) \ Q r r r H r x FC z W F� w w ca rx 1 0 O w H 0.i O O O M O o o O O u1 ul o W O O O N O O m M O O O N r O O O O N O O N O O O OJ l0 O � O L() r r Ol H r N r r-I M M M r z rn M M O lD M O M M M O OJ M N N N to l0 to N N r to N F+ z o o H r O H M '-i O O N M o .D o O O N O O O u1 O O N O O O O O H .-I N O O M o) o U FC o o O O o o O O o 0 o v o U O fY z U W Fq W w W U a U z E FC o U H F z En o H w oH a s En a El z a u) a H D D U U H > U U�. H O F D FC z Gw-i E. W E O H <H a a F z R: a z H a a x F+ O < Fc FC o Oa H u) a U' U z a W Q U N a > q FC x FC rzF�c D U U Q a u) < < W U fY. OI C7 z z z O a z < Fc > < H H R, a Q FC < U O a < W u x O M F+ 54 z w U U U U U W a a a, w F E z O > o O O o o O O o 0 0 0 '.D o d' Ln O r-1 O OJ O H O r-1 O d' o H 0 u7 o Ln O Ln o N O M '::'0 < D D > a < w a s< o AH FC U U U U U U W a a w a El E- 3 M N 03. "&44XPQ" COUNCIL/RDA MEETING DATE: August 3, 1999 ITEM TITLE: Acceptance of Assessment/Sewer Hook -Up Fee Subsidy Program - Project 99-02 and Authorization for City Clerk to Record Notice of Completion AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 20 STUDY SESSION: PUBLIC HEARING: Accept Project 99-02 and instruct the City Clerk to file a Notice of Completion with the County Recorder. None. All work for Project 99-02 (Low -Mod Sewer Hook -Up) has been completed in accordance with the specifications. Accept Project 99-02 and instruct the City Clerk to file a Notice of Completion with the County Recorder. All work has been completed to specifications. There is no alternative but to accept the project. Respectfully submitted, Tom Hartung, Director of Building & Safety Approved for submission by: x Thomas P. Genovese, City Manager 036'- T,dy 4 4 Q" August 3, 1999 COUNCIL/RDA MEETING DATE: ITEM TITLE: Adoption of Resolution Approving the "Local Government Records Retention Guidelines" as the Agency's Records Retention Policy RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: That the Agency's Board adopt a resolution adopting the "Local Government Records Retention Guidelines" by reference as the Agency's Records Retention Policy. FISCAL IMPLICATIONS: None BACKGROUND AND OVERVIEW: On July 20, 1999, the City Council adopted the attached "Local Government Records Retention Guidelines" by reference as the City's Records Retention Policy. It is being recommended that the Board adopt the same document as its' policy. FINDINGS AND ALTERNATIVES 1. That the Board adopt a resolution adopting the "Local Government Records Retention Guidelines" by reference as the Agency's records retention policy; or 2. Provide staff with further direction. Ily submitted by SAUNDRA L. JUAOLA, Secretary 037 RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF THE LA QUINTA REDEVELOPMENT AGENCY, ESTABLISHING A RECORDS RETENTION SCHEDULE FOR THE DEPARTMENTS AND OFFICES OF THE AGENCY AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE HEREWITH WHEREAS, except for records less than two years old and certain other records, Government Code Section 34090 authorizes the head of the agency departments to destroy any agency record, document, instrument, book or paper under his or her charge, without making a copy thereof, after the same is no longer required, with the approval of the City Council by resolution and written consent of the City Attorney; and WHEREAS, the Agency Board desires to establish a retention schedule for records under the control of the executive officers in charge of various Agency/City departments and offices and to approve destruction of records in accordance therewith. WHEREAS, the State of California is in the process of adopting a recommended draft of a records retention schedule for use by municipalities; and WHEREAS, the Agency Board believes there are benefits of ease of administration to adopting said draft schedule. NOW, THEREFORE, BE IT RESOLVED by the Board of the La Quinta Redevelopment Agency does hereby resolve as follows: 1. Definitions For purposes of this resolution, the following terms shall have the following meanings: "Department" means an agency, deptment or office of the administrative staff of the La Quinta Redevelopment Agency/City of La Quinta. "Department head" means the executive officer in charge of a department. "Original" means the initial production of a record in its final form. It does not include preliminary drafts or subsequent photocopies. In the case of a signed document, the original is the document which was actually signed by the person or persons signing the document. Resolution No. 99, Page 2 "Public records" are writings in the custody of the La Quinta Redevelopment Agency/City of La Quinta and containing information relating to the conduct of the business of the La Quinta Redevelopment Agency/City of La Quinta. "Public record" does not include transitory writings. "Transitory writing" is a writing having no reason for retention after the purpose for which it was created has expired, such as routing slips, notices of meetings or events, writings retained solely for tickler, suspense or follow-up purposes, preliminary writings, computer print-outs, temporary draft blueprints, which are produced solely for temporary purposes, and the like. "Writing" means a document in written or printed form. 2. Purpose The purposes of this resolution are as follows: a. To assure public records are not destroyed while they still serve a useful purpose. b. To avoid the loss of room and shelf space caused by the retention of public records which no longer serve a useful purpose. C. To provide guidelines to Agency/City staff as to when public records may safely be destroyed. d. To avoid the necessity of requesting Agency Board approval for each individual case of public records destruction. 3. Scope a. This resolution is limited to originals of public records, except as otherwise provided in subsection "b" of this section. The department heads are authorized to establish rules or schedules for the destruction of copies of public records held within their respective departments which are not originals or copies subject to subsection "b" of this section. 039 Resolution No. 99 Page 3 b. Whenever the original of a public record is sent to a location outside the custody of the Agency/City (as, for example, correspondence for a Agency/City officer or employee to a person outside of the Agency/City government), one copy of that record shall be retained by the department sending the record as if it were the original of that record. C. This resolution is also limited to public records which are in the form of writing on paper or microfilm. d. Individual departments may adopt a policy of retaining documents for additional time if approved by the Executive Director. e. Where two guidelines appear to conflict, the longer of the two time requirements shall be applicable. f. Under the Development section "Building Construction" all permits and final plans for such construction shall be kept permanently, however, the final plans of said construction for residential non PUD development under two stories need not be retained more than CL+2. 4. Authorization for destruction of records a. The draft State Local Government Records Retention Guidelines, with the exception of those relating to police and fire, attached hereto as Exhibit "A", providing retention schedules for various types of public records, are hereby incorporated by reference herein. Subject to the provision of subsection "b" of this section, each department head may authorize the destruction of the public record or class of public records which is within the custody of his or her department and which is listed in the exhibits at any time after the time specified for retention of that record in the exhibits has expired. This resolution constitutes the consent of the Agency Board for the destruction of the public records in accordance with such retention schedules, and no further resolution of the Agency Board shall be required for such destruction. b. Prior to authorizing the destruction of any public record, the department head shall submit a list of the records proposed for destruction to Agency Counsel for his or her consent to such destruction. Agency Counsel may require the retention of any public record or class of public records beyond the period established for the retention of such records by the exhibits to this resolution, whenever, in his or her opinion, the continued maintenance of such records is in the best interest of the Agency/City. No record shall be destroyed without the written consent of Agency Counsel. Resolution No. 99• . Page 4 PASSED, APPROVED and ADOPTED this 3d day of August, 1999 by the following vote: AYES: NOES: ABSENT: RON PERKINS, Chairman La Quinta Redevelopment Agency ATTEST: SAUNDRA L. JUHOLA, Secretary La Quinta Redevelopment Agency APPROVED AS TO FORM: DAWN C. HONEYWELL, Agency Counsel La Quinta Redevelopment Agency Lt t*- t42 u CALIFORNIA STATE RECORDS RETENTION CLASSIFICATIONS LOCAL GOVERNMENT AGENCIES DECEMBER 1998 DMINISTRATI011r] Audit Community Services Elections General Subject Grants Human Resources Information Services Legal/Legislative Municipal Clerk Policies & Procedures Public Information Public Financing Authority Risk Management [DEVELOPMENT Administration Building Code Enforcement Engineering Environmental Quality Housing Municipal Facilities Planning Property Redevelopment INANC` Accounting Administrative Services Fixed Assets License Payroll Purchasing Reports Treasurer "Anticipate will be addressed by County Officials PUBLIC SAFETY] Animal Control* Emergency Management Fire Safety Administration Personnel Property Reports Hazardous Materials Health & Welfare Law Enforcement Administration Investigations Patrol Services PUBLIC WORK 1 Parks Sanitation/Solid Waste/ Wastewater Streets/Alleys Utilities Water TRANSPORTATIO Administration Airport Ground Transportation Harbor 043 U GLOSSARY OF RECORDS RETENTION DEFINITIONS ACTIVE Records that are required for da}-to-da% business and are subJect to frequent use: generally referred to more than once per month per file drawer. ADMMSTRATIVE VALUE A record that assists in the operation of government. and insures I administrative consistent} and continuit-_ , sen in; a particular purpose for that office at that particular time In appraisal, the usefulness of records for the conduct of current and�or future administrative business needs. ADOPTION Final action by a legislative bode. AGENCY -SPECIFIC Retention schedule which specifies the approved disposition of a SCHEDULE record series unique in purpose and function to its creating agency. APPRAISAL The process of determining the value and thus the disposition of records based on their current administrative. fiscal, and legal value: their evidential and informational value: their arrangement and condition: their intrinsic value.. and their relationship to other = records. ARCHIVAL RECORDS Records identified as having archival value or potential archival value on the agency records retention schedule. AUDIT Review for acceptance of records relating to operations. policies and procedures, financial documentation and historical documents by regulatine agencies. CLOSED/COMPLETED I A file or record on which action has been completed and to which an audit. or further action is not likely to occur. COPY A reproduction of the contents of an original document which is not the official file coPy of the agency. Copies are usualh identified by their function. i.e.. action coPe. reading file coPe. tickler file coPe. etc. In most instances. copies will have a shorter retention than the official file coy (see Record Copy) of a record series. CURRENT Records Nyhen specified as the minimum retention period means that superseded. rescinded. expired. or no longer useful records may be removed from the files and ina\ be destroyed. DATE OF BIRTH The date on which the birth of a person is documented. DEPARTMENT OF RECORD The department that created or is responsible for retaining the official record or record copy. DISPOSITION The predetennined action taken with regard to. inactive records. including form of retention (hardcopy or image). period of time retained (archive or destroy). where to store (on -site or off -site). and method of destruction (recycle. burn or shred). DUPLICATE A document produced at the same time the original is made by use of a carbonized process (OCR or carbon paper). EVIDENTIAL VALUE In appraisal, the value of a record that documents the activities of an . organization or agency. FILE INTEGRITY Accuracy and completeness of the file / records. FISCAL VALUE Documents and accounts for receipt of or expenditure of public funds: such as budget, ledgers of accounts receivable and payable, payrolls, and vouchers. Documents availability of funds for operational purposes. In appraisal, records required until a financial audit is completed or financial obligations are fulfilled. HISTORICAL VALUE In appraisal, the value attributed to a record which preserves documentation on significant historical events including the City's operations, origin, policies. authorities. functions. and or anizations. as well as significant administrative decisions. 669 LEGAL VALUE In appraisal. value attributed to a record series x hich documents business ownership. aereements. and transactions LIFE A record that has continuing value to the organization MINIMU'_N-I RETENTION The least amount of time a record must be kept DETERMINED BY PERIOD ASSESSMEIT OFADMINISTRATIVE. LEGAL. FISCAL AND HISTORICAL VALUES. PERILkNENT Recorded information \\hick is required b\ laN\ to be retained: or ,which has been designated for continuous prescr\ anon because of its administrative or historical significance. RECORD COPY The original or official cop} of a record maintained b\ an agenLN. sometimes referred to as the designated original. or blue-ribbon co v . RECORD Any documentary material. regardless of physical, form or characteristic. made or received by an organization in pursuance of law or in connection with the transaction of business. and used b\ that organization or its success or evidence of activities or because of informational value. RECORDS RETRIEVAL Locating documents and deli�erin, theta for usc. RETENTION PERIOD The period of time that records must be kept according to legal and/or oreanizational requirements. RETENTION SCHEDULE A list or other instrument describing the record series. the length of time records are retained (ma} include active and inactive storage breakdown). the department of record. and the final disposition. SUPERCEDE The replacement of an existing document. TERMINATION Designates the end of a specific tents. e.g.. appointed. elected officials' terms: employment: training. course. program; use or ownership. VITAL RECORDS Those records containing information necessan to continue the operation of government. a(iirnh the powers and duties of government and to protect the rights and interests of persons. VITAL RECORDS The document which identifies those records and record series that RETENTION SCHEDULE are classified as vital. specifies the means for the protection of those records. and provides each department with a complete listing of all ital records for which the department is responsible. 045 CITATIONS B&P - Business and Professions CAC — California Administrative Code CCP — Code of Civil Procedure CCR — Code of California Regulations CEQA — California Environmental Quality Act CFR — Code of Federal Regulations EC — Election Code FMLA — Family & Medical Leave Act, 1993 GC — Government Code H&S — Health & Safety HUD — Housing and Urban Development OSHA — Occupational Safety & Health Act PC — Penal Code POST — Police Officers Standards Training UFC — Uniform Fire Code USC — United States Code WIC — Welfare & Institutions Code 00 LEGEND Records Retention AC = Active AD = Adoption AU = Audit CL = Closed/Completion CU = Current Year D.O. B. = Date of Birth E = Election L = Life P = Permanent S = Supersede T = Termination 047 CALIFORNIA RECORDS RETENTION GUIDELINES INDEX Abandoned Vehicles Development 4 Abandonment Development 8 Abandonments/Vacations Public Works 3 Accident Reports - City Assets Administration 10 Accounting/Cash Reconciliations Law Enforcement 1 Accounts Payable Finance 1 Accounts Receivable Finance 1 Acquisition/Disposition Development 8 Adjustments Finance 2 Administration — General Subject Administration 4 Administration — Public Financing Authority Administration 10 Administrative/Internal Law Enforcement 1 Affidavit Index Administration 1 Agenda Reports (Master, Subject Files) Administration 8. Agendas Administration 8 Agendas, Board Public Works 1 Agreements Transportation 1 Air Quality Development 5 Airport Certification Transportation 2 Airport Noise Monitoring and Complaint Transportation 2 Alarm Records Law Enforcement 1 Annexation Case Files Development 8 Annual Financial Report Administration 1 Apparatus/Vehicle Fire Safety 2 Appeals, Civil Administration 8 Applications - Aircraft Storage Transportation 1 Applications - Parking 'Transportation 1 Applications - Slip Rentals Transportation 1 Applications - Special Events Transportation 1 Applications Finance 1 Applications, Absentee Ballots Administration 1 Applications, Boards, Commissions, Committees Administration 8 Appraisals Development 8 Acquisition/Disposition Development 8 ArresVConviction Law Enforcement 5 Articles of Incorporation Administration 8 Asbestos Development 5 Assessment Districts Administration 9 Assessment Districts Finance 1 Asset Forfeiture - Investigations/Proceedings Case File Law Enforcement 1 Asset Forfeiture - Notifications Law Enforcement 2 Assisted, Challenged Voters List Administration 1 Audits Finance 3 Auto for Hire Transportation 3 Ballots Administration 1 Ballots — Prop. 218 Administration 2 Bank Reconciliations Finance 1 Bank Statements Finance 4 Benchmark Data Development 1 Benefit Plan Claims Administration 5 Benefit Plan Enrollment, Denied Administration 5 Bids & Proposals (Unsuccessful) Development 1 048 NDEX Bids, RFQ's, RFP's Finance 3 Billing Records Finance ; Billing/Customer Records Public Works 6 Biographies Administration 4 Blueprints, Specifications Development 4 Bond, Personnel Fidelity Administration 5 Bonds - Administration Finance 4 Bonds - Security Development 1 Bonds - Development Development 1 Bonds - Account Statements Finance 4 Bonds - Bonds and Coupons Finance 4 Bonds Administration 1 Bonds Development 6 Bonds, Insurance Administration 10 Books, Fire Code Fire Safety 1 Brochures, publications, newsletter, bulletins Administration 10 Budget adjustments, journal entries Finance 1 Budget Operating (copies) Administration 1 Budget Operating (copies) Finance 1 Budget Administration 1 Budget, Accounting Finance 1 Budget, Adopted Finance 2 Budget, Proposed Finance 2 Business License Finance 2 Calendar Administration 2 Calendar, City Administration 10 California Environmental Quality Act (CEQA) Development 6 Canvass Administration 2 Capital Improvement Projects Development 5 Capital improvements, Construction Development 7 Cards - Dispatch Law Enforcement 9 Cards - Field Interview Law Enforcement 9 Case Books, Investigative Law Enforcement 2 Case Files - Homicide Investigator's File Law Enforcement 2 Case Files - Narcotics (No arrest, Narcotics Cases) Law Enforcement 2 Case Files - Officer Involved Shootings Law Enforcement 2 Case Files Development 4 Case Files, Planning and Zoning Development 7 Case Log Administration 8 Case Records - (High Profile) Administration 8- Case Records - (Routine) Administration 8 Certificates (.Building) Development 4 Certificates (Planning) Development 7 Certificates of Election Administration 2 Charter - Amendments/Measures Administration 2 Checks Finance 1 Chemicals/Film Inventories Law Enforcement 10 Citations-11357(e), Juvenile Law Enforcement 9 Citations-11357b H&S, 11357c H&S, Law Enforcement 9 11360b H&S Violations Citations - California Vehicle Code Infractions (Duplicates) Law Enforcement 9 Citations - Cite and Release Law Enforcement 9 Citations - Parking/Traffic, Duplicates Law Enforcement 9 Citations - Transmittals Law Enforcement 9 Claim Files Law Enforcement 1 Claims, Damage Administration 11 INDEX Classifications and Appointments Administration 4 Closures Public Works 3 Code Books Development 1 Collections/Landfill Public Works 2 Community Development Block Grant and Administration 4 Urban Development Community Services — Library Administration 1 - Community Services — Placques Administration 1 Community Services — Sports Organization Administration 1 Congestion Management Development 6 Connection Records Public Works 6 Construction (Approved) Development 4 Construction Tracking, Daily Development _ 5. Contractor Development 1 Contracts and Agreements — Excl. Capital Improvement Administration 9 Contracts and Agreements — Incl. Capital Improvement Administration 9 Correspondence Administration 4 Correspondence Development 1 Court- Daily Schedule -• Law Enforcement 2 Court - Sign -In Logs Law Enforcement 2 Court -Tracking System Records Law Enforcement 2 Crime - Felony Crimes With Or Without Arrests Law Enforcement 5 Crime - Misdemeanor/Infractions Law Enforcement 6 Crime - Supplemental, Felony Capital Crimes, Law Enforcement 6 Crimes Punishable by Death, Life Imprisonment Deeds & Promissory Notes Development 8 Deferred Compensation Finance 3 Department Manual Law Enforcement 1 Deposits, Receipts Finance 1 Destruction - Guns Law Enforcement 6 Destruction - Narcotics Law Enforcement 6 Development (includes CDBG) Development 2 Development Agreements Development 1 Development Conditions Development 1 Development Standards Development 1 Disposition of Arrest/Court Action Law Enforcement 6 Drawings, Project Plan Development 1 Drawings, Traffic Control Plan Development 5 Easements, Dedications, Rights -of -Way Public Works 3 Employee Handbook Administration 5 Employee Programs Administration 5 Employee Rights Administration 5 Employee Time Sheets Finance 2 Environmental Review Development 6 Equipment - Communication Law Enforcement 1 Equipment - Inventory Law Enforcement 1 Equipment - Inventory/Sign-out Cards- Photo Lab Law Enforcement 10 Equipment - Operations Files - Photo Lab Law Enforcement 10 Equipment - Radio Logs (Communication) Law Enforcement 9 Evidence, Disposition Forms Law Enforcement 2 Exposure - Personnel Fire Safety 1 Facilities (Sanitation/Solid Waste/Wastewater) Public Works 2 Facilities (Utilities) Public Works 6 Facility Rentals/Use Development 7 Fair Political Practices - Administration, Statements Administration 2 Fair Political Practices - Campaign disclosure, elected Administration 2 050 INDEX Fair Political Practices - Campaign disclosure, not elected Administration 2 Fair Political Practices - Campaign disclosure, unsuccessful Administration Fair Political Practices - Candidate Statements Administration 2 Fair Political Practices - History Administration 2 Fair Political Practices - Statement of Economic Interest, Administration 3 Elected Fair Political Practices - Statement of Economic Interest, Administration 3 not elected False Alarm (Duplicate) Finance 6 Federal and State Administration 4 Field Books Public Works 3 Field, Non -fire and Logs Fire Safety 2 Financial, Annual Finance 3 Financial Records - Grants Administration 5 Financial Records, Public Financial Authority Administration 10 Fingerprint - Applicants Files Law Enforcement 2 Fingerprint - Inked/Palm Cards Law Enforcement 2 Fingerprint - Records Latents Law Enforcement 3 Fingerprint - Suspect, Adult/Juvenile Law Enforcement 3 Fire, Non -arson and Logs Fire Safety 2 Flood Control - Drainage Facilities Public Works 6 Flood Control - Flood Zones Public Works 6 Flood Control - Insurance Programs Public Works 6 Flood Control - Polices/Procedures Public Works 6 Flood Control - Reports/Studies Public Works 6 Flood Control Development 5 Flood Records Development 7 Franchises Development 1 Fueling Transportation 1 Gas & Electric Rates Public Works 6 General Administrative -Administration 10 General Orders Law Enforcement 9 General Orders, Policies/Procedures Fire Safety 1 General Plan Amendments - Approved Development 7 General Plan Amendments - Denied Development 7 General Plan and Elements Development 7 General Subject Files Development 1 Goals & Objectives Administration 4 Grants - Parks (refer to Admin.) Public Works 1 Grants - Street/Alleys (see Admin.). Public Works 3 Grants — Water (see Admin.) Public Works 7 Grants, Community/Urban Development (includes CDBG) Development 2 Grievance Files Law Enforcement 11 Guns, Dealers Record of Sale Law Enforcement 3 Hazardous Waste Disposal Hazardous Materials 2 Hazardous Waste Disposal Transportation 1 Hearing or Review Administration 1 Historic Preservation Inventory Development 2 History, Sanitation Public Works 2 Hourly Employees Administration 5 Immigrant Administration 5 Incident Files Development 2 Incident Reports Administration 11 Incident Fire Safety 2 Incineration Plants, Sludge Public Works 2 Incinerator Operations, Treatment Plant Public Works 2 4 . �� INDEX Index, Attorney Case Administration 9 Informant Files Law Enforca„ rant .. Inspection Development 4 Inspection, Runway Transportation 2 Inspection, Safety Self Transportation 2 Inspections, Fire Prevention Fire Safety 1 Insurance, ACCEL JT Powers Agreement Administration 11 Insurance, Certificates Administration 11 Insurance, Liability/Property Administration 11 Insurance, Workers Compensation Administration 11 Internet, World Wide Web Administration 7 Interpretations Development 7 Intersection Records Public Works 3 Inventory Finance 2 Inventory, Equipment Parts & Supplies Transportation 1 Inventory, Equipment & Supplies Fire Safety 2 Inventory, Equipment - Parks Public Works 1 Inventory, Equipment - Water Public Works 7 Inventory, Information Systems Administration 7 Inventory, Records Administration 9 Inventory, Traffic Control Device Public Works 3 Inventory, Vehicle Ownership and Title Transportation 1 'Investigations - Background Law Enforcement 11 Investigations - Background Hired Law Enforcement 11 Investigations - Notifications Law Enforcement 2 Investigations, Evidence Arson -Administration Fire Safety 1 Investigations, Evidence Arson - Reports Fire Safety 2 Investment Transactions Finance 3 Invoices Finance 1 Jail - Daily Logs Law Enforcement 3 Jail - Inmate Record Law Enforcement 3 Jail - Inspection Files Law Enforcement 3 Jail - Surveys Law Enforcement 3 Journals - Utility Billing Finance 1 Journals, Fire Station Fire Safety 1 Labor Distribution Finance 3 Land Uses, non -conforming Development 2 Landscape - Parks Public Works 1 Landscaping — Streets/Alleys Public Works 3 Ledger, General -Voucher Finance 1 Legal Advertising Administration 9 Licenses - Bicycle Law Enforcement 3 Licenses - Bingo, Mace Law Enforcement 3 Licenses - Business License Review Board Law Enforcement 3 Administrative Files Licenses - Duplicate (Pink), Secondhand Dealer, Law Enforcement 4 Pawn Brokers Licenses, Permits Transportation 1 Liens & Releases - Recorded Development 4 Liens & Releases - Supporting Development 4 Lighting Public Works 3 Lobbyist Registration Administration 3 Locations Public Works 7 Logs Development 5 Logs - Administration Development 2 Logs - Auto Theft Law Enforcement 4 052 617 INDEX Logs - Case Assignment Law Enforcement 4 Logs - Code Enforcement Development 5 Logs - Daily, Activity Law Enforcement 4 Logs - Daily, Officer Law Enforcement 4 Logs - Daily, Report Summary Law Enforcement 4 Logs - Investigative (Pre -Arrest) Law Enforcement 4 Logs - Juvenile Detention Law Enforcement 4 Logs - Property Control Law Enforcement 4 Logs - Rap Sheet Law Enforcement 4 Logs - Subpoena Law Enforcement 4 Logs, Attorney Service Request Administration 9 Logs, Fire Equipment/Gear Fire Safety 2 Lot Split Cases Development 8 Maintenance and Operations Transportation 1 Maintenance and Operations - Municipal Facilities Development 7 Maintenance and Operations - Parks Public Works 1 Maintenance and Operations - Public Works 2 Sanitation/Solid Waste/Wastewater Maintenance and Operations - Service Public Works 7 Maintenance and Operations - Streets/Alleys Public Works 3 Maintenance and Operations - Well & Pumping Public Works 7 Maintenance, FAA Transportation 2 Management Reports Administration 10 Maps & Plats Development 2 Maps - Parks Public Works 1 Maps - Streets/Alleys Public Works 4 Maps - Water Public Works 7 Maps, City Boundary Development 8 Maps, Plans, Drawings, Exhibits, Photos Development 8 Maps, Precincts/Voter Information Administration 3 Maps, Septic Tank Public Works 2 Master Plans - Streets/Alleys Public Works 4 Master Plans - Water Public Works 7 Master Plans, Annual Development 2 Media Relations Administration 10 Medical Leave Administration 6 Medical - Personnel Fire Safety 1 Meter Operations Public Works 7 Meter Reading Finance 3 Minutes Administration 9 Minutes, Board Public Works 1 Motor Vehicle Pulls (DMV) Administration 6 Municipal Code Administration 9 Mutual Aid, Strategic Plans Emergency Management 1 Negotiation Administration 6 Network Information Systems (LAN/WAN) Administration 7 Nomination Papers Administration 3 Non -Criminal Occurrences Law Enforcement 6 Non -Safety Employees Administration 6 Notices, Meeting Administration 9 Notifications and Publications Administration 3 Oaths of Office Administration 3 Opinions Administration 9 Ordinances Administration 9 Parades & Special Events File Law Enforcement 11 Parking - Lots Public Works 4 Q!51 U1 INDEX Parking - Regulations Public Works 4 Patrol Requests (Correspondence) Law Enforcement 9 Pawn Slips/Tickets Law Enforcement 4 Permits - Alcoholic Beverage Control License Law Enforcement 11 Permits - Concealed Weapons Law Enforcement 11 Permits - National Pollutant Discharge Elimination Public Works 7 System (NPDES) Permits - Others Public Works 7 Permits Development 4 Permits Public Works 4 Permits, Construction Development 2 Permits, Encroachment Public Works 4 Permits, Hazardous Materials Storage Hazardous Materials 2 Permits, Improvement Public Works 4 Permits, Other Development 2 Permits, Oversize Load Public Works 4 Permits, Parking Public Works 4 Permits, Paving Public Works 4 Permits, Uniform Fire Code Fire Safety 1 Permits, Use (Temporary) Public Works 4 PERS Employee Deduction Reports Finance 2 PERS, Social Security, SSI Administration 6 Personnel Records (copies) Administration 6 Pest Control Development 6 Petitions - Elections Administration 3 Petitions - Legal/Legislative Administration 9 Photographs - Daily Report (Negatives) Law Enforcement 4 Photographs - Inmates (Negatives) Law Enforcement 4 Photographs - Negative Log Law Enforcement 11 Photographs - Negatives, Misc. Law Enforcement 11 Photographs - Personnel -Law Enforcement 11 Photographs Development 2 Photographs - Parks Public Works 1 Photographs - Streets/Alleys Public Works 4 Photographs, Negatives, Film Administration 11 Plans, Capital Improvement, Projects Public Works 4 Plans, Proposed Public Works 1 Policies & Procedures, Departmental Administration 4 Policies and Procedures - Naming and numbering Public Works 5 Policies and Procedures - Speed Limits Public Works 5 Policies and Procedures- Parks Public Works 1 Policies and Procedures - Water Public Works 7 Policy, Council/Proclamations Administration 10 Precinct Records Administration 3 Press Releases Law Enforcement 11 Press, Video Programs (Community Relations) Law Enforcement 11 Program Files and Directories Administration 8 Programs - Federal Aid Urban Public Works 5 Programs - Traffic Safety Public Works 5 Programs Development 6 Programs, Household Hazardous Waste Hazardous Materials 2 Projects, Not Completed or Denied Development 2 Promotional Marketing — Eternal, Internal Administration 4 Property Files Law Enforcement 11 Property Original Law Enforcement 6 Property, Pawn Broker/Secondhand Law Enforcement 11 054 INDEX Public Records Request Administration 10 Radar Calibration Records Law Enforcement 3 Railroad Right-of-way Public Works 1 Range Inventory Law Enforcement 6 Rates - Sanitation/Solid Waste/Wastewater Public Works 2 Rates - Water Public Works 7 Reclamation Public Works 8 Records Management Disposition Certification Administration 10 Records Management Administration 10 Records Retention Administration 10 Recruitment Administration 6 Recycling Programs Public Works 2 Redevelopment Development 6 Register Finance 2 Registers, Transient Vessel Reservation Transportation 3 Registration Files, Arson, Sex and Narcotics Law Enforcement 5 Regulations Development 5 Regulations Public Works 2 Relocation Files Development 8 Report, Accident (Copies) Transportation 2 Reports -Accident and Incident (Aircraft) Transportation 2 Reports -Accident Law Enforcement 10 Reports - Accident Public Works 1 Reports - Activity Law Enforcement 1 Reports -Airport Operational (Administrative) Transportation .3 Reports - Airport Operational (Regulatory) Transportation 2 Reports -Audit Administration 1 Reports - Bridges & Overpasses Public Works 5 Reports - Chemical Emissions Law Enforcement 1 Reports - Conservation Public Works 8 Reports - Consumption Public Works 8 Reports - Corrosion Control Public Works 8 Reports - Dealer of Gun Sales, Duplicate Law Enforcement 11 Reports -.Departmental Administration 4 Reports - Discharge Monitoring Public Works 8 Reports - Drinking Water Corrections Public Works 8 Reports - Federal and State Tax Finance 3 Reports - Human Resources Administration 6 Reports - Hydrograph_ Public Works 8 Reports - Inspection Public Works '5 Reports - Lead Service Line Public Works 8 Reports - NOTAM (Notice to Airmen) Finance 3 Reports - NOTAM (Notice to Airmen) Transportation 3 Reports - Others Public Works 1 Reports - Public Education Public Works 8 Reports - Quality Parameters Public Works 8 Reports - Sanitary Surveys Public Works 8 Reports - Source Water Public Works 8 Reports - Staff Administration 4 Reports -State Certification Public Works 8 Reports -Studies (Sanitation/Solid Waste/Wastewater) Public Works 3 Reports - Studies Public Works 1 Reports - Studies Public Works 5 Reports -Survey Response Files Law Enforcement 1 Reports -Tonnage Public Works 3 Reports -Traffic Collision Fatalities Law Enforcement 10 055 INDEX Reports -Traffic Count Public Works 5 Reports - Variances, Water System Public Works 9 Reports - Vehicle Accident Public Works 5 Reports -Well Level Public Works 9 Reports Development 3 Reports Law Enforcement 7 Reports, Federal and State - Code Enforcement Development 5 Reports/Studies Public Works 4 Requisitions - Purchase Orders Finance 3 Requisitions - Stores Finance 3 Research Project Files Law Enforcement 7 Resolutions Administration 9 Resolutions, Board Public Works. t Restraining Orders, Emergency Protective Orders, Law Enforcement '12 Temporary Restraining Orders, Legal Stipulations, Orders After Hearing Reviews, Internal/External Periodic Administration 1 Risk Management Reports Administration 11 Roster of Voters Administration 3 Rosters (Divisional) Law Enforcement 12 Routes, School Bus & Truck Public Works 5 Safety Employees Administration 7 Salary Records Finance 3 Schedules - Daily Law Enforcement 12 Schedules - Municipal Clerk Administration 10 Schedules -Watch Assignment/Timekeeping Records Law Enforcement 12 Schedules, Class & Events Public Works 1 Sealed -Adult Found Factually Innocent Law Enforcement 8 Sealed - Juvenile Law Enforcement 8 Seismic Retrofit Program Development 3 Signage Public Works 5 Signs (Temporary) Development 4 Slip Rental Index Transportation 3 Slip Rental Permits Transportation 3 Slip Rental Waiting List Transportation 3 Soil Development 6 Soil Reports Development 6 Sources Public Works 9 Speaker Requests Law Enforcement 12 Special Districts Development 5 Special Projects Administration 4 State Controller Finance 3 Statistical (Crime Analysis) Law Enforcement 7 Statistical (UCR), Uniform Crime Reports Law Enforcement 7 Street Names and House Numbers Development 3 Street/Alley (Abandonment/ Vacation) Development 5 Studies, Special Projects & Areas Development 3 Subpoenas (Duplicate) Law Enforcement 8 Support Services Administration 4 Surplus Property - Auction Finance 2 . Surplus Property - Disposal Finance 2 Surveyor Field Notes Public Works 9 Surveys Development 3 Surveys and Studies Administration 7 Surveys, Water System Sanitary Public Works 9 Tapes - Audio, Telephone and Radio Communications Law Enforcement 8 056D INDEX Tapes - Audio, Video Administration 9 Tapes-Surveillance!Security Video (Jail) Law Enforcement ? Tapes Information Systems Administration 8 Taxes Receivable Finance 1 Tests - Bacteriological Analysis Public Works 9 Tests - Chemical Analysis Public Works 9 Tests - Quality Public Works 9 Tests, Densitometer Results (Photo Lab) Law Enforcement 12 Traffic Signals Development 5 Traffic Signals Public Works 6 Training - Bulletins Law Enforcement 12 Training - Event Files Law Enforcement 12 Training - Lesson Plans, Range Law Enforcement 12, Training Materials Hazardous Materials 3 Training - Personnel Fire Safety 1 Training - Personnel (by name) Law Enforcement 12 Training -Schedules, Range Law Enforcement 12 Training Records - Non -Safety Administration 7 Training Records - Personnel (by name) Administration 7 Training Records - Safety Administration 7 Travel Records Administration 4 Underground Public Works 6 Underground Storage Tank - Hazardous Materials 3 Maintenance and Operations Underground Storage Tank - Compliance Hazardous Materials 3 Uniform Vouchers (by name) Law Enforcement 10 Unsuccessful Grants Administration 5 Use of Force Supervisory Review Files Law Enforcement 8 Utility Rebates Finance 3 Valve Main Records Public Works 9 Vehicle Assignment ,Transportation 2 Vehicle Ownership & Title Finance 2 Vehicle - Assignment Reports Law Enforcement 10 Vehicle - Down Reports Law Enforcement 10 Vehicle Mileage Reimbursement Rates Administration 7 Vehicle - Repossession/Private Impounds Law Enforcement 10 Vehicle - Service Schedules Law Enforcement 10 Vendor Register Finance 3 Vests, Bulletproof Letters Law Enforcement 10 Violations, Drinking Water Public Works 9 Violations, Building, Property & Zoning Development 5 Volunteer Card Files Law Enforcement 12 Voter Affidavits Administration 3 Voter Registration Signature Copy Administration 4 Warrant Register Finance 1 Warrants - Felony Law Enforcement 8 Warrants - Misdemeanor Criminal Law Enforcement 9 Warrants - Parking Law Enforcement 10 Warrants - Served Law Enforcement 9 Warrants - Traffic Law Enforcement 10 Warrants - Unserved (Local) Law Enforcement 9 Weapons, Database Law Enforcement 10 Weed Abatement Fire Safety 2 Weigh Scales Public Works 6 Workers Compensation Administration 11 10 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor AUDIT Annual Financial Report CL + 2 GC34090 Independent auditor analysis Bonds CL + 10 GC34090; CCP 337.5 Final bond documentation Budget P GC34090 Annual operating budget approved by Legislative Body Budget Operating (copies) IS GC34090 I Departmental Reference Hearing or Review AU + 2 GC34090; OMB A-128 Documentation created and or received in connection with an audit hearing or review Reports AU + 4 GC34090; OMB A-128 Internal and/or external Reviews, Internal/External Periodic CU GC34090; GC6250 Daily, weekly, monthly, quarterly or other summary, review, evaluation, log, list, statistics, except a report COMMUNITY SERVICES Libraries CU + 2 GC 34090 Books, art, gifts, donations, exhibits, theatre, music, special events, etc. Plaques P Historic value Sports Organization S + 2 ELECTIONS Affidavit Index CL + 5 EC 17001 Applications, Absentee Ballots and Envelopes E + .5 EC 17505; EC 17302 From date of election Assisted, Challenged Voters List E + .5 EC 17304 From date of election Ballots E + .5 EC 17302 From date of election; ballots submitted to precincts/City Clerk that were not used - unless contested (EC 17302(c)) retention by court order 058 000023 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Ballots P California Property related fees (Assessment Prop. 218 Constitution Ballot proceeding) (Assessment Art. XIII Districts) Calendar E + 2 GC 34090 Canvass P GC 22932; Notifications and Publication of r EC 17130; Election; Records used to compile final EC 2653 election results, including tally sheets, voting machine tabulation, detailed breakdown of results; special election results Certificates of Election T + 4 lGC 81009(a) Certificates of election; Original reports 1(d) and statements Charter P GC34458-60; Chapter designations by Secretary of Amendments/ GC34090 State following adoption of voters Measures ' Fair Political Practices Administration/ CU + 5 FPPC Opinions Campaign Statements and Conflict of Interest Campaign P GC81009(b) FPPC Filings disclosure, Elected (g) Campaign E + 5 GC81009(b) FPPC Filings disclosure, Not Elected Campaign E + 7 GC81009 FPPC Filings disclosure - Unsuccessful(all other committees) Candidate E + 4 Sample ballot retained permanently. Statements History P GC 34090 History of elections, sample ballots, certificates of destruction, other resolutions re: elections 00002" CALIFORNIA RECORDS RETENTION GUIDELINES , Administration Final, December 1998 . California City Clerks' Association . ...... .... . . Record Series Title Retention Citation Descriptor Statement of T + 7 GC 81009(e) FPPC Filings economic interest - Elected Officials Statement of E + 5 GC 81009(b) FPPC Filings f economic interest - Not Elected - Lobbyist Registration P I EC 81009(b) Statements Maps, Precincts/Voter E + 2 GC 34090; Information EC 17501; II EC 17301 Nomination Papers Successful E + 4 EC 17100 Unsuccessful E + 2 GC 81009(b) Notifications and I E + 2 GC 34090 Proof of publication or posting, Publications certification and listing of notice of posting; copy of newspaper notice and certification of offices to be voted for at forthcoming election Oaths of Office T + 6 GC34090; Elected Officials 29 USC 1113 Petitions .75 EC 17200, From date of filing or election; 17400; GC Initiative, referendum, recall, Charter 7253.5; EC Amendments 14700 + GC 3756:8 Precinct Records E + .5 EC 17503 From date of election: Precinct official material; declaration of intention, precinct board member applications, orders appointing members of precinct boards and designating polling places Includes notice of appointment of office and record of service Roster, (Of Voters) E + 5 EC 17300 From date of election; Initiative; referendum recall, general municipal election, Charter Amendments Voter Affidavits CL + 5 EC 17000 000025 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Voter Registration Signature Copy CU + 5 EC 17000 Fire, special or school district i GENERAL SUBJECT ,I Administration P GC 34090 Biographies ICU + 2 GC34090 II Classifications and Appointments P GC 34090; GC 12946; 29 CFR 516.6(2); 29 CFR 1602.4 Includes supplemental Personnel records. Wage rate tables 2 years. Correspondence/ Originating Department CU + 2 I GC34090(d) If not attached to agreement or project file Goals & Objectives CU + 2 GC34090 Departmental goals & objectives Policies & Procedures, Departmental S + 5 GC34090(d) Retain while current Promotional Marketing External CU + 7 Internal 2 Reports Departmental CU + 2 GC34090 Special/or final summary, review or - evaluation Staff CU + 2 GC34090 Non -agenda related, includes supporting documentation Sp ecial Projects CU + 2 GC34090 Support Services CU + 2 GC34090 Reproduction; printing; postal/mailing services, other internal resources Travel Records CU + 2 GC34090 GRANTS Community Development Block Grant and Urban Development T + 4 GC34090; 24 CFR 570.502 24 CFR85.42* Applications, reports, contracts, supporting documents; *OMB,Cir. A - 102, A-110, A-128 Federal and State CL + 5 GC34090 Refer to grant application close-out procedure 061 Ic 00002G CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association IlRecord'Serie1. s Title Retention Citation Descriptor Financial Records CL + 5 GC34090 Refer to grant application close-out i procedure Unsuccessful CL + 2 GC34090 Applications not entitled i HUMAN RESOURCES Benefit Plan Claims P GC6250 et May include dental, disability, j seq; education, health, life and vision OMB A-129 including dependent care and 29 CFR Employee Assistance 1602.30; 32; *29 CFR 1637.3; 29 USC 1027; 29 CFR Lab Rel Sec 1627.3; 29 USC 1113 1174* Benefit Plan Enrollment, CL + 4 GC34090; Denied OMB A-128 Bond, Personnel Fidelity I T + 2 GC34090 Employee Fidelity Bonds Employee Handbook S + 2 GC 34090 General employee information including benefit plans Employee Programs CL.+ 2 GC 34090; Includes EAP and Recognitions. GC 12946 Employee Rights GC12946; 29 May include Arbitration, grievances, General Employees T + 2 CFR 1602; 29 union requests, sexual harassment and .Safety (Police) T + 5 USC 211 (e); Civil Rights, complaints, disciplinary 203(m); actions 207(g) Hourly Employees T + 6 GC12946; *29 CFR 1627.3, Labor Relations GC34090* Section 1174 Immigrant Immigration 1-9's Reform/Con- trol Act 1986 Pub. L 99-603 ()s2 000027 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association II Ricord 5e�ies Title Retention Citation Descri Medical Leave CL + 30 FMLA 1993 May include Family leave; US OSHA; certifications; tests; W-4's; *29 CFR 29 CFR; * 1602.30.32; 49 CFR 193-9; 1910.20 Motor Vehicle Pulls DMV CL + 7 GC12946, * *CA 91009; 8 USC 1324 a Negotiation P 29 USC Notes, notebooks, correspondence, it Sections contracts, and Memorandums of 211(c), Agreements 203(m), 207( ) l Non -Safety Employees T + 3 Reference: Non -safety employees may include: 29 CFR Release Authorizations; Certifications; 1627.3; Lbr Reassignments; outside employment; Rltns Sec commendations disciplinary actions; 1174; 29 CFR terminations; Oaths of Office; 1602.30.32; evaluations -pre -employee medicals; GC6250 et ° fingerprints; identification cards (ID's) seq; 29 CFR; *1607.4; 29 CFR 655.202; 29 CFR 516.6 GC 12946, et seq; 45 CFR 1068.6(a) 34090* Personnel Records CU + 2 GC34090; Attendance; evaluations; drafts; (copies) GC6250 worksheets; postings PERS, Social Security, SSI P 29 CFR EEOC/ADEA 1627.3(2); GC 12946, 34090 Recruitment CL + 3 Reference: Applications, resumes, alternate GC12946; lists/logs, indices; ethnicity GC6250 et disclosures; examination materials; seq; examination answer sheets, job 29 CFR 1602 bulletins; eligibility; electronic et seq database 29 CFR 1607; 49 USC 2000(e)-8; 2000(c)-12 Reports CU + 2 1 GC34090 Employee statistics, benefit activity; liability loss 063 000028 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association i Record Series Title Retention Citation Descriptor Safety Employees T + 5 Reference: Police, fire, emergency employees may 29 CFR include; Release Authorizations; 16273; Lbr Certifications Reassignments; outside Rltns Sec employment; commendations 1174; disciplinary actions; terminations; 29 CFR Oaths of Office; evaluations -pre 1607.4; ' employee medicals *29 CFR 1602.30.32; 29 CFR 655.202; 29 CFR 516.6 et seq; 45 CFR 1068.6(a) Surveys and Studies CU + 2 GC 12946, Includes classification, wage rates 34090; 29 CFR 516.6(2); 29 CFR 1602.14 Training Records CU + 7 GC6250 et Employee applications, volunteer Non -Safety seq program training, class training materials, internships; Personnel (by T + 7 GC34090 Paperwork documenting officers' name) internal and external training Safety CU + 2 GC34090 Certifications/designations Vehicle Mileage S + 2 GC 34090 Annual mileage reimbursement rates Reimbursement Rates INFORMATION SERVICES Internet, World Wide Web S + 2 GC34090 Management/Policies and supporting documentation Inventory, Information S + 2 GC34090 Hardware/Software Inventory logs; Systems systems manuals Network Information CU + 4 GC34090; Configuration maps and plans Systems (LAN/WAN) CCP 337.2; 343 064 000029 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descri Program Files and CU + 2 GC34090; Annual backup Directories CU + (2 GC34090.7 Daily backup mos.) CU + 1 Monthly backup CU + .5 Meekly backup Tapes Information- CU + 2 GC34090 System Generation I' Systems i LEGAL/ LEGISLATIVE Agendas CU + 2 GC34090 Original agendas and special meeting notices, including certificates of i posting, original summaries, original communications and action agendas for Council, Boards and Commissions Agenda Reports (Master, CU + 2 I GC34090 (d) Documentation received, created Subject Files) and/or submitted to Council Appeals, Civil CU + 3 CCP, 583.320(a)(3); GC 34090 Applications, Boards, CL + 2 GC34090 I Not selected Commissions, Committees Applications, Boards, T + 5 GC34090; Selected Commissions, Committees GC40801 Articles of Incorporation P GC34090; CCP 337.2 Case Log CL + 7 CCP 337.2; From Close of cases listed; 343 Chronological listing of cases Case Records - (High IF GC6254 Significant cases which have Profile) Cat z importance/or set legal precedence. Includes logs, complaints, police reports, court orders, motions, notes, briefs Case Records- (Routine) F 42 USC s1983 Includes logs, complaints, police reports, court orders, motions, notes, briefs, closing statements (unless minors - 3 years after attaining 18) 0 65 00O01n CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Contracts and Agreements T + 5 CCP 337.2, Includes leases, equipment, services j Excl. Capital 343; or supplies Improvement B&P7042.5;" "PU7685; 48 CFR:2; GC53066 Incl. Capital P 2.08.110;* Construction Improvement I 'GC37090a; 4004; H&S 19850 Index, Attorney Case L GC6254 Including notations on activities related' to case Legal Advertising CU + 4 CCP 343, 349 Includes public notices, legal et seq.; publications GC 911.2; GC 34090 Logs, Attorney Service I CU + 2 GC34090 Service request, summaries of monthly Request requests Minutes I P GC34090(d); Official minutes and .hearing GC36814; proceedings of governing body or GC40801 board, commission or committee Notices, Meeting CU + 2 GC 34090.7, Special meetings 54960.1(c)(1) Opinions ( S + 2 GC34090; Confidential GC6254 Ordinances P GC34090(d)4 Charter amendments; municipal code 0806 Petitions CU + 1 GC50115; Submitted to legislative bodies GC6253 Resolutions P GC34090(d) Legislative actions 40801 Tapes, Audio/Video CU + 3 GC 34090.7 When used for minute preparation and MOS. may have historical value. MUNICIPAL CLERK Assessment Districts P GC 34090 Original documentation Inventory, Records CU + 2 GC34090; 80 Inventory of non -current or inactive OPS Atty. records holdings and location, indices. Gen. 106 Tapes may be recycled. Municipal Code P GC 34090 Supplements included 066 000031' CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association Public Records Request CL + 2 GC 34090 j Records Management CL + 2 GC34090 Document includes retrieval, transfers - inactive Records Management Disposition Certification P GC34090 Documentation of final disposition or records Records Retention_ Schedules S + 4 CCP 343 POLICIES/ PROCEDURES ' General Administrative S + 2 GC34090; 40801 All city policies and procedures Policy, Council/ Proclamations S + 2 GC34090 Policies, directives rendered by Council not assigned a resolution or ordinance number PUBLIC FINANCING AURTHORITY Administration P GC 34090 Financial Records P GC 34090, 40802, 53901 Management Reports 12 1 GC 34090 PUBLIC INFORMATION Brochures, publications, newsletter, bulletins S + 2 GC 34090 Calendar, City CU + 2 GC 34090 Media Relations CU + 2 GC 34090 Includes cable, newspaper, radio, message boards, presentations. RISK MANAGEMENT Accident Reports - City Assets CL + 7 29 CFR 1904.2; 29;* Reports and related records * CFR 1904.6 Bonds, Insurance P CCP 337.2; 343 Bonds and insurance policies insuring city property and other assets 067 0000342 CALIFORNIA RECORDS RETENTION GUIDELINES Administration Final, December 1998 California City Clerks' Association IIRecordf Series Title Retention Citation Descriptor Claims, Damage CL + 5 GC34090; Paid/Denied GC25105.5 Incident Reports CL + 7 29 CFR Theft, arson, vandalism, property 1904.2; 29 damage or similar occurrence CFR 1904.E (excluding fire/law enforcement) Insurance, ACCELJT P GC34090 (Authority California Cities Excess Powers Agreement Liability Insurance) — Accreditation/ I MOU's/agreement/agendas Insurance, Certificates P GC34090 Insurance certificates filed separately from contracts, includes insurance filed by licensees Insurance, P I GC34090 May include liability, property, Liability/Property Certificates of Participation, deferred, use of facilities Insurance, Workers P GC6410; Indemnity; PERS - working files - Compensation 29 CFR originals with Administrator 1910.20 Photographs, Negatives, CL + 2 GC34090 Film Risk Management Reports CL + 5 OMB 1220- Federal OSHA Forms; Loss Analysis 0029; 29 Report; Safety Reports ; Actuarial CFR1904.4; Studies GC 34090 Workers Compensation P CCR 14311; Claim Files, Reports, Incidents 15400.2 (working files) originals filed with Labor Code Administrator 5405 Title 8 068 00003 CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record series'Title Retention Citation Descriptor ADMINISTRATION Benchmark Data CU + 2 GC3409Od Horizontal, vertical & control Bids & Proposals CL + 2 GC34090d (Unsuccessful) Bonds CL + 10 CCP 337.5 ( Housing; Industrial Development Development Security CL + 2 GC34090 Documentation created and or received in connection with the performance of work/services for the city, or for parcel maps and subdivision work Code Books P GC34090e National Electrical Code, Uniform Building, Fire, Mechanical, Plumbing & Supplements Contractor CU + 2 GC34090d Current listing Correspondence CU + 2 GC34090d Working documentation Development L GC34090 Mitigation measures; filed with case files Conditions Development P CCP337, Infrastructure contracts, franchises. Agreements 337.1(a), Original maintained for 7 years. 337.15; GC34.090;48 CFR 4.703 Development P GC34090a Landscape mediums, parkway Standards landscape development, public works construction Drawings, Project Plan CU + 2 GC34090d Does not include those usually filed with case or project Franchises P GC65864, Including subdivision agreements, 65869.5, contracts for sale or purchase of 34090* property, cable, grant of easements and/pr involving construction of improvements *CCP 337.2, 343; AC16023 General Subject Files CU + 2 GC34090d Internal working files including correspondence pea 000034 CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association i, [RecordZeries Title Retention Citation Descriptor Grants, CL + 4 24CFR Project files, contracts,. proposals, Community/Urban 570.502(b) statements, reports, sub -recipient Development (includes (3); 241CFR dockets, Environmental review, grant CDBG) 85.42 & documents, applications, inventory, OMB Cir. A- consolidated plan, etc. Includes Section 110, Attach. 108 loan guarantee "OMB Cir. A-102 & C; ' 1 128, HUD regulations Historic Preservation 2 GC34090d Historic structures & landmarks ! Inventory!i Incident Files 2 GC34090d Emergency Call Outs Land Uses, P GC34090a Building or site usage which -does not j nonconformingI conform to current standards i Logs CU + 5 Logs, registers or similar records listing permits, certificates of occupancy issued; may include inspection, building activity, daily, Ian check, utility Maps & Plats P GC34090a Engineering & field notes and profiles; cross-section of roads, streets, right-of- way, bridges; may include annexations, parks, tracts, block, storm drains, water easements, bench marks, trees, grading, landfill, fire hydrants, base maps, etc. Master Plans, Annual S + 2 GC34090 Special or tong range program plan for municipalities — coordination of services; strategic planning Permits, Construction P GC34090a; Plans, building, signs, grading, H&S19850; encroachment, including blueprints and 4003; 4004 specifications Permits, Other CL + 2 GC34090d Alterations, encroachment, excavations, road, street sidewalks & curb alterations, transportation, swimming pool,drainage, temporary uses, etc. Photographs S + 2 GC34090d Aerial photographs Projects, Not CL + 2 'GC34090d Building, engineering, planning Completed or Denied 027 0 000035 CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Reports CU + 2 GC34090 Activity, periodic Seismic Retrofit Program P GC34090a Includes Certificates of Compliance Street Names and House Numbers P GC34090a Street dedications, closings, address assignment/changes Studies, Special Projects & Areas CL + 2 GC34090d Engineering, joint powers, noise, transportation Surveys P GC34090a Recording data and maps 3 071 000036 CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor BUILDING I j Blueprints, CL + 2 GC34090d Submitted by contractors with Specifications application for permit and builds for Certificate of Occupancy Certificates L GC34090a Compliance, elevation, occupancy which i I affect real property Construction P GC34090a; New commercial and residential (Approved) 4003; 4004; construction, tenant improvements room H&S 19850, additions, spa, signs, block wall, 19853 remodel including security bonds Inspection CL + 2 I GC34090d I Correspondence, fees, appeal requests, reports Permits P GC34909a; Plans, building, signs, grading, H&S 19850; encroachment permits 4003;4004 Signs (Temporary) S + 2 GC34090d Home occupations, off -premise signs CODE ENFORCEMENT Abandoned Vehicles CL + 2 GC34090d Case Files CL + 2 GC34090d Building, housing and mobile home code violation records including inspections; public nuisance rubbish and weed abatement, vehicle abatement, citations, massage parlor permits, general Liens & Releases, Supporting CL + 2 GC34090 Utilities, abatement, licenses Recorded P 4 072 000039 CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor .Los CU + 2 GC34090d Lien Recovery, citations, complaints Regulations S + 2 GC34090d Includes rules Reports, Federal and P GC34090a Code enforcement statistics; may State contain records affecting title to real property or liens thereon Violations, Building, CL + 2 GC34090d Supporting code enforcement activity Property & Zoning ENGINEERING Capital Improvement CL + 10 CC337.15 Supporting documents including bidders , Projects list, specifications, reports, plans, work orders, schedules, etc. Construction Tracking, P CC337.15 Assesses value of real property Dail I I Drawings, Traffic P GC34090a Signs, signing & striping, road Control Plan construction Flood Control CL + 2 GC34090d Storm Drains Special Districts P GC34090a Supporting documents re: improvement, lighting, underground utility; bonds, taxes & construction Street/Alley CL + 2 GC34090d Relinquishment of rights and fee title (Abandonment/ Vacation) Traffic Signals CL + 2 GC34090d Counts, collisions, accidents ENVIRONMENTAL QUALITY Air Quality (AGMD) CU + 7 CCP 338(k); Participants/voucher Iogs,.Total Daily GC34090 Mileage Survey (TDM); various local authorities; Commute Alternative Asbestos P GC34090a Documents abatement projects, public buildings 5 073 00003.3 CALIFORNIA RECORDS RETENTION GUIDELINES Development California P GC34090a + Exemptions, Environmental Impact Environmental Quality CEQA Report, Mitigation monitoring, negative Act (CEQA) Guidelines declaration, notices of completion and determination, comments, statements of overriding considerations Congestion CU + 2 GC34090d Ride sharing, trip reduction Management Environmental Review CL + 2 GC34090d Correspondence, consultants, issues, conservation Pest Control CU + 2 GC34090d Pesticide applications, inspections & sampling, documents Soil CL + 2 GC34090d Analysis, construction recommendations Soil Reports P GC34090d Final Reports HOUSING Bonds CL + 4 CCP 337 Revenue Bond Documentation Programs CL + 3 24 CFR Includes comprehensive Housing 570.502(b)( Authority Strategy, Meeting Credit 3); 24 CFR Certificate, Housing bond advisory, 85.42 & HOME, In -Lieu Housing Mitigation, OMB Cir. A- Low/Moderate Housing, Rental Housing 110, #C Assistance Redevelopment Budgets P GC 34090, Includes annual audit 40802, 53901 Bond Issues P GC43900 et seq. 6 074 0000311) CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record series "Title Retention Citation Descriptor MUNICIPAL FACILITIES Capital Improvements, P 2.083110; Contains records re: Planning, design, Construction GC34090a; construction, conversion or modification 4004; H&S of local government -owned facilities, 19850; structures & systems GC34090a Facility Rentals/Use I CU + 2 GC34090 Permits, contracts, diagrams, schedules, insurance binders Maintenance & CU + 2 GC34090d Service requests, invoices, supporting Operations documentation; buildings, equipment, field engineering, public facilities including work orders and graffiti removal PLANNING Case files, Planning P GC34909a; Pertains to real property. May include and Zoning H&S 19850; blueprints, drawings, maps, plans, 4003;4004 reports, evaluations, correspondence, uses, permits, variances, studies, appeals, compliance certificates, lot line adjustments or other planning -related matters brought before legislative body Certificates L GC34090 Retain during life of structure Flood Records CU + 2 GC34090 General Plan and P GC34090 Includes sphere of influence Elements General Plan Amendments Approved CL + 2 GC34090 Denied CU + 3 GC65103; * * GC50110 Interpretations CU + 2 GC34090 671-S 000040 CALIFORNIA RECORDS RETENTION GUIDELINES Development Final, December 1998 California City Clerks' Association Record 5eries'Title Retention Citation Descriptor Maps, Plans, Drawings, Exhibits, Photos P GC34090; H&S 19850; GC34090.7 Zoning, tentative subdivision, parcel, land use map, aerial photos, specific plans PROPERTY Abandonment P GC34090a Buildings, Condemnation, Demolition II Acquisition/ Disposition CL + 10 GC34090a; GC6254 Supporting documents re: sale, purchase, exchange, lease or rental of property by City Annexation Case Files P GC34090a Reports, agreements, public notices Appraisals CL + 2 GC34090; GC6254(h) Exempt until final acquisition or contract I agreement obtained Deeds & Promissory Notes P GC34090a * I * 24 CFR 570.502(b)(3); 24 CFR 8.42 & j OMB Circ. SA-110 Maps, City Boundary P GC34090d Recorded maps, surveys, monuments Lot Split Cases P GC34090 Relocation Files CL + 2 GC34090 e.g., Redevelopment 076 000041 CALIFORNIA RECORDS RETENTION GUIDELINES Finance Final, December 1998 California City Clerks' Association Record series TitleRetention Citation Descriptor ACCOUNTING Accounts Payable AU + 4 GC34090 Invoices, check copies, supporting documents Accounts Receivable AU + 4 GC 34090 Applications CL + 2 GC34090 Utility connections, disconnects, registers, service Assessment Districts P GC 34090 Collection information; Original documentation files with municipal clerk Bank Reconciliations AU + 5 GC34090; 26 CFR 16001-1 Statements, summaries for receipts, disbursements & reconciliations Billing Records AU + 2 GC34090 Customer name, service address, meter reading, usage, payments, applications/cancellations Budget J AU + 2 1 GC 34090 Budget adjustments, journal entries AU + 2 GC34090 Account transfers Checks AU + 5 GC34090; CCP 337 Includes payroll, canceled & voided checks Deposits, Receipts AU + 4 GC 34090; CCP 337 Checks, coins, currency Invoices AU + 2 GC34090 Copies sent for fees owed, billing, related documents Journals Utility Billing CU + 2 GC34090 Billing including monthly activity Ledger, General P GC34090; * ` CCP 337 Voucher AU + 4 GC34090; CCP 337 Account postings with supporting documents Taxes, Receivable AU + 3 CCP338 Warrant Register AU + 2 GC 34090.7 ADMINISTRATIVE SERVICES Budget Operating (co ies) tS GC34090 Departmental Reference 077 000042 CALIFORNIA RECORDS RETENTION GUIDELINES Finance Final, December 1998 . California City Clerks' Association Record Series Title<> . Retention Citation Descriptor Budget, Proposed CU + 2 GC34090 Presented to Council Adopted P GC 34090 FIXED ASSETS Inventory AU + 4 GC34090; Reflects purchase date, cost, account 26 CFR 301 number 65-1(F) Surplus Property Auction AU + 2 GC34090 Listing of property Disposal AU + 4 GC34090; Sealed bid sales of equipment CCP 337 Vehicle Ownership & Title L VC 9900 et Title transfers when vehicle sold seq. LICENSE Business T + 4 GC34090; Paid & reports CCP 337 PAYROLL 1AU Adjustments + 4 GC 34090 Audit purposes 29 CFR 516.5 — 516.6 Employee Time Sheets AU + 6 GC34090; Signed by employee for audit & FEMA 29 CFR Reports 516.2* *20 CFR 516.6(1); IRS Reg. 31.6001- 1(e)(z); R&T 19530; LC 1174 d PERS Employee Deduction T + 4 GC34090; Record of deductions Reports CAC 22- (PERS Public Employee Retirement 1085-2 System) *26CFR 31.6001-1;29 CFR 516.5,516.6,LC1174d Register P GC34090; Labor costs by employee & program GC37207 1 000043 CALIFORNIA RECORDS RETENTION GUIDELINES Finance Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Salary Records T.+ 3 GC34090; 29 CFR 516.2 Deduction authorization, beneficiary designations, unemployment claims, garnishments PURCHASING Bids, RFQ's, RF-Ps Successful Unsuccessful AU + 4 AU + 5 CU + 2 GC34090; CCP 337; * Requests for Qualifications; Requests for Proposals regarding goods and services * GC 25105-1; GC 34090 Requisitions Purchase Orders AU + 4 GC34090; CCP 337 Original documents Stores 1 CU + 2 GC34090 Completed forms for ordering Vendor Register P GC34090 Alpha vendor listing of purchase orders, invoices, account numbers and check date REPORTS Audits . P GC 34090 Deferred Compensation T + 5 GC34090; 26 CFR 16001-1* Records of employee contributions and city payments *29 CFR 1627.3(2 Federal and State Tax AU + 4 GC34090; 29USC 436 * Forms 1096, 1099, W-4's and W-2's *26 CFR 31.6001.1-4; IRS REG 31.6001- 1(e)(2);R&T 19530;29 CFR 516.5-516.6 Financial, Annual AU + 7 GC 34090.7 Investment Transactions P GC34090; CCP 337; GC 53607 Summary of transactions, inventory & earnings report Labor Distribution AU + 2 GC34090 Costs by employee & program Meter Reading CU + 2 GC34090 State Controller P GC34090 Controller may destroy after 5 years Utility Rebates CU + 2 GC34090 079 000044 CALIFORNIA RECORDS RETENTION GUIDELINES Finance Final, December 1998 California City'Clerks' Association ................ . .................................................................. . . . RecoM Series Title Retention 'Citation Descriptor TREASURER Bank Statements AU + 2 FC 3368, Financing authority 30210; GC 43900 et seq. Bonds - Account Statements CL + 10 GC34090; Monthly statement of transactions. CCP 337.5 Administration CL + 10 GC34090; Supporting documents CCP 337.5 Bonds and Coupons CL + 2 GC34090; Paid/canceled 53921 rise 00004a CALIFORNIA RECORDS RETENTION GUIDELINES Emergency Management Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Mutual Aid, Strategic Plans ( S + 2 1 GC34090 1 1, CALIFORNIA RECORDS RETENTION GUIDELINES Fire Safety Final, December 1998 California City Clerks' Association Record .Series Title "Retention Citation Descriptor ADMINISTRATION Books, Fire Code S + 3 GC34090.1 CCP 340,5 Include OPS manuals General Orders, Policies/Procedures I S + 2 Inspections, Fire Prevention CL + 3 UFC-103.34 Alarm/sprinkler systems, prevention efforts Investigations, Evidence Arson P PC 799 Support prosecution resulting in homicide Investigations, Evidence Arson CL + 6 PC 800 Great bodily harm, inhabited structure or propert Journals, Fire Station CU + 2 GC34090 Activities, personnel, engine company Permits, Uniform Fire Code CL + 2 GC34090 PERSONNEL Exposure T + 30 29 CFR 1910.1020 Sampling results, collection methodology, background Exposure T + 1 29 CFR 1910.1020 Laboratory reports and worksheets Medical T + 30 29 CFR 1910.1020 Medical T + 2 29 CFR 1910.1020; " Employees less than one year 'GC34090 Training T + 2 GC34090 Certifications/designations 00004 CALIFORNIA RECORDS RETENTION GUIDELINES Fire Safety Final, December 1998 California City Clerks' Association Record`Seties: Title Retention Citation Descriptor i PROPERTY ApparatusNehicle I CU + 2' GC34090 CCP 340.5 * Repair and Maintenance *8 CAL Code Reg. 3203 b 1 Inventory, Equipment & Supplies CU + 2 GC34090 Logs, Fire Equipment/Gear CU + 2 GC34090 REPORTS Incident CL + 3 GC34090 CCP338 * Dispatch and daily logs *CCP 340.5 Field, Non -fire and Logs CU + 2 GC34090 Fire, Non -arson and Los CU + 2 GC34090 Investigations, Evidence Arson ( CL + 3 PC 801; UFC 1104.32 Structure Weed Abatement CL + 2 GC34090 Reports, assessments, resolutions, documentation CALIFORNIA RECORDS RETENTION GUIDELINES Hazardous Materials Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor - Hazardous Waste Disposal CU + 10 CAL OSHA; Documentation rehandling and disposal 40 CFR of hazardous waste 122.21 Permits, Hazardous Materials CU + 2 GC34090 Departments consistently recommend Storage permanent retention of environmentally sensitive materials. Programs, Household S + 2 GC34090 Hazardous Waste 000047 CALIFORNIA RECORDS RETENTION GUIDELINES Hazardous Materials Final, December 1998 California City Clerks' Association ............... . Record Series Title Retention Citation Descriptor Training Materials S + 2 Cal Code * Standards and Administration *Reg. 3204(d), et seq. Underground Storage Tank Compliance P GC34090a Documents re: storage Maintenance & Oper. CU + 2 GC34090 Location, installation, removal, remediation 083 000048 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association ADMINISTRATION f Accounting/Cash CU + 2 GC34090 Reconciliations Alarm Records CU + 2 GC34090 Claim Files CL + 6 PC 832.5 Claim copy, correspondence, photographs, supporting documents ,. relative to incidents involving the Police Department filed by citizens Department Manual p Is Chan es to manual are recorded in Ii the General Orders (permanent) !' Equipment T + 2 GC34090 Retained until termination of j Communication equipment use; Manuals, instructions, procedures it Inventory S + 2 I GC34090 I Listing of equipment assigned to j division, to whom it is assigned Ii Reports CU + 2 GC34090 Weekly/monthly/quarterly/ Activity annual activity/statistical reports by division. Retain only one form for retention period CU + 2 GC34090 Chemical Emissions Survey Response CU + 2 GC34090 Surveys, responses, correspondence Files with other agencies requesting statistical data INVESTIGATIONS Administrative/Internal CL + 5 PC 832.5 Initiated by citizens complaints or EVC 1045 internally initiated; includes GC 12946 complaint, reports, findings PC 801.5; 803(c) VC 2547 Asset Forfeiture CL + 2 GC34090 Investigations/ Proceedings Case File 084 000049 CALIFORNIA RECORDS RETENTION GUIDELINES Lave Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Notifications CU + 2 GC34090 To legal property owner prior to case filing that property is subject to asset forfeiture proceedings. If case is filed, notification becomes part of forfeiture case file. li Case Books, Investigative CL + 2 GC34090 Retained by division until a case is suspended/closed; transfer to Records Division to be filed with associated Daily Report (DR) file Case Files P PC 799 Homicide it Investigator's File Narcotics (No CL + 2 GC34090 Retained by division until no longer arrest, Narcotics useful for investigative purposes Cases) ; Officer Involved CL + 25 GC34090 Shootings Court CU + 1 GC34090. Printouts of daily court scheduling Daily Schedule 7 Sign -in Logs CU + 2 GC34090 Logs officers' names, time in/out for court appearances Tracking System CU + 2 GC34090 Database records subpoena number, Records officer name, case number, defendant name, district attorney name, court information disposition Evidence, Disposition Forms Attach to duplicate Property Report, file w/DR in Records Division Fingerprint T + 2 GC34090 Paperwork authorizing fingerprinting Applicants Files and background checks for city employment applicants and business license applicants Inked/Palm Cards AC + 20 Persons booked into detention facility; (Copies distributed to county, state, federal agencies) 1085 000050 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Records Latents Approp. 1) Retain for applicable case statute PC of limitation; 2) or until evidence. in Section case is destroyed; Hard copy and digitized Suspect, CL Law Adults/juveniles suspected of a I' Adult/Juvenile Enforce- crime, taken for comparison. Destroy , ment after original purpose achieved Manage- ment Guide by POST Guns, Dealers Record of Sale CU + 6 PC 12070 Applicants, Monthly Gun Audits, Applications Denied, Stolen (DOJ j File) Informant Files T + 10 Legal notifications, identification information, payment information, activities information Jail CU + 6 GC34090 Daily report of staffing, Daily Logs bookings/releases, transfers, transportation Inmate Record Dependent on facility's classification; see Laws and Guidelines for Local Detention Facilities by Board of Corrections (State of California) Inspection Files CL + 6 Inspections by various agencies Surveys CL + 2 GC34090 Prepared quarterly, forwarded to State Board of Corrections Licenses CU + 2 GC34090 Bicycle Bingo, Mace CU + 2 GC34090 Business License T + 1 GC34090 Review Board Administrative Files 000051 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Duplicate (Pink), CU + 2 GC34090 Original to licensee, Blue duplicate to, Secondhand Dealer, DOJ; Pink duplicate retained by Pawn Brokers agency; renewals issued annually by local agency Logs Auto Theft Is Case Assignment CU + 1 i Daily ( CU + 2 GC34090 !� Activity I �I Officer I CU + 2 GC34090 Daily activity of incidents not !I reported by use of official report Report ICU + 2 GC34090 Report numbers, type, names, dates Summary I retained for research value Investigative (Pre- CL + 10 GC34090 Retained by division until cases are Arrest) ( suspended and closed Juvenile Detention I CU + 2 GC34090 Logs document juvenile processing per CYA Property Control CU + 2 GC34090 Logs items coming into and going I out of property room Rap Sheet CL + 2 GC34090 Requests for criminal history Subpoena ICU + 2 GC34090 Subpoenas received/served daily Pawn Slips/Tickets CU + 3 B & P 21628 Photographs Crime Scene, Registrant/Applicant, Photo file, Accident. Retain according to practical and functional association. Daily Report T GC34090 Assigned DR number, retained as (Negatives) form of evidence, destroyed at same time evidence for associated case is destroyed Inmates CU + 20 By Prisoner number (Negatives) 07 n^�''52 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Registration Files, Arson, Life of Fingerprint Card, photo, information Sex and Narcotics regis- also forwarded to DOJ trant within juris- diction Arrest/Conviction H&S 2 (Man- H&S Applicable to convictions occurring Section 11357 (b), (c), (d), (e) datory 11361.5 after January 1, 1996 or arrests not or H&S Section 11360 (b) destruc- followed by a conviction occurring violations (Occurring after tion from after January 1, 1996; Exception: January 1, 1996) date of H&S 11357(e), the record shall be I' convic- retained until a juvenile offender tion or attains the age of 18 years, then date of destroyed pursuant to 11361.5 arrest with no , convic- tion) Arrest/Conviction Man- H&S Applicable to convictions occurring H&S Section 11357(b), (c), datory 11361.5 prior to January 1, 1996 or arrests (d), (e) or H&S Section 11360 Destruc- (c) not followed by a conviction (b) violations (Occurring tion occurring prior to January 1, 1996 for before January 1, 1996) (Upon violations of H&S Code 11357, 11364, notice 11365 and 11550 from Depart- ment of Justice) Crime See PC 800 Prosecution for an offense punishable Felony Crimes With descriptor PC 801 by imprisonment in state prison for eight Or Without Arrests years or more must commence within 6 years after offense commission. Commencement of prosecution defined in PC 804. Exception: See PC 803 - Tolling/Extension of time periods; Appeals process and "Three Strikes" also considerations in assigning retention. 000053 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association IlRecord:Series Title Retention Citation Descriptor Misdemeanor/ CL + 2 GC34090 No arrests, identifiable property or Infractions missing persons (See: Note 1 ) �! Supplemental, P PC 799 No statutory limitation for Felony Capital prosecution. Includes Murder, Crimes, Crimes kidnapping for ransom, treason, j Punishable by Death, procuring execution by perjury, train Life Imprisonment wrecking, assault with a deadly (� weapon by a life -term prisoner, bombing resulting in death or bodily �! injury, making defective war materials that cause death J Destruction P I i� Guns I Narcotics P II Disposition of Arrest/Court Retention determined by action Action taken; i.e., recordable arrest or detention (released no arrest) False Alarm (Duplicate) CU + 2 GC34090 Non -Criminal Occurrences CU + 2 GC34090 Injured or sick persons; missing persons where person has been returned; traffic collision reports not used as the basis for criminal charges Property Original Until case Copy retained in records case file; is adjudi- Refer to Managing Property in Law cated/ Enforcement Agencies (By POST) disposi- tion deter- mined Range Inventory S + 2 GC34090 Quarterly reports of inventories of weapons and ammunition held by Department Range CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association l�Record Series Title Retention Citation Descriator Reports CU + 2 GC34090 Arrest & Citation Register; Arson Offenses; Crimes Against Senior Citizens; Death in Custody; Domestic Violence; FBI Include Return A/Supp; Hate Crime Incidents; . Homicide Reports, Supp.; Officers Killed or Assaulted; Original to FBI - DOJ; Uniform Crime Reports Statistical (Crime Analysis) CU + 2 GC34090 Internally generated information using activity logs, citizen calls, current and past crime statistic reports, finance dept expenditure and budget records; citations, crime reports, accident reports, permits, receipts. Reports created for variety of purposes including increases/decreases in criminal activity; officer workload, deployment, time usage Statistical (UCR), Uniform Crime CU + 2 GC34090 Originals sent to FBI, DOJ Reports Mandatory to DOJ (LEIC); FBI Include Return A/Supplement; Supplementary Homicide Report; Law Enforcement Officers Killed or Assaulted; Monthly Return of Arson Offenses Know to Law Enforcement; Number of Violent Crimes Committed Against Senior Citizens; Monthly Report of Domestic violence Related Calls for Assistance; Monthly Arrest and Citation Register; Monthly Hate Crimes Incidents; Death In Custody Reporting. Research Project Files CL + 2 GC34090 May include request forms, background materials, staff reports, final project reports and supporting data 090 000055 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Sealed Manda- PC 851.8 General provision: Upon petition, Adult Found tory records of agency must be sealed Factually Innocent Destruc- and destroyed in accordance with the+ tion Upon provisions set by court record; and exceptions. Pursu-ant to Court Order Juvenile Manda- WIC 826 Upon petition, local laws ' tory (a) & (b) enforcement records within WIC Destruc- WIC 781 826(b) may be destroyed as ordered tion upon (a) by the court, if related probation and and juvenile court records have been pursu-ant destroyed by the probation officer. to court Records involving arrests, detention order and/or petitioning juvenile before juvenile court Subpoenas (Duplicate) CU + 2 GC34090 Tapes CU + 180 GC34090. Exception: Recordings used as Audio, Telephone days 6 evidence in a criminal prosecution or and Radio claim filed or litigation or potential Communications claims and litigation shall be preserved for 100 days after conclusion of the court action Surveillance/Security CU + 13 GC34090. Video (Jail) mos. 6 Use of Force Supervisory CU + 2 GC34090 Includes review forms, arrest report Review Files copies, logs Warrants Recall Recommended by the California Law Felony after 10 Enforcement Warrant Officer's years. Association Excep- tion: Murder/ Escape 000056 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association IlRecordSeries Title Retention Citation Descriptor Misdemeanor Recall Recommended by the California Law +; Criminal after 5 Enforcement Warrant Officer's j ears Association I' Served CU Includes Warrant Service Information Card, alpha index card I' Unserved (Local) Until served, recalled or purged i PATROL Cards CU + 2 GC34090 Dispatch I !I Field Interview CL + 2 GC34090 Citations CL + 2 11361.5 j 11357(e), Juvenile H&S 11357b H&S, 11357c CL + 2 11361.5 *CA Admin Code, Chapter 1, Title II, H&S, 11360b H&S H&S* Sec. 708 Violations Cite and Release CL + 2 GC34090 California Vehicle CU + 90 GC34090 Original is forwarded to court. I Code Infractions days (Duplicates) Parking/Traffic, CU + 2 GC34090. Originals are forwarded to court after ' Duplicates 7 agency processing; includes citations electronically created Transmittals CU + 2 GC34090 Listing of citations forwarded to court, filed for reference Equipment CU + 2 GC34090 Documents problems, malfunctions, Radio Logs resolution to provide equipment (Communication) performance history General Orders P Patrol Requests CU + 2 GC34090 From citizens for patrol presence (Correspondence) Radar Calibration Records T + 2 GC34090 I Documentation of Radar instruments retained during use/ownership,, 09Z 000057 CALIFORNIA RECORDS RETENTION GUIDELINES Lew Enforcement Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Reports CL + 2 I GC34090 Non -Jury Accident Traffic Collision P Fatalities Uniform Vouchers CU + 2 GC34090 Authorize purchase (by name Vehicle S Record of assignments Assignment Reports Down Reports CU + 1 Printouts reporting which vehicles are down for repair, maintenance, etc. Repossession/Private i CU + 2 GC34090 Impounds- Service Schedules Is I GC34090 Vests, Bulletproof Letters ICU + 2 1 GC34090 I Authorization to purchase Warrants Recall Recommended by the California Law Parking after 1 Enforcement Warrant Officer's year Association Traffic Recall Recommended by the California Law after 5 Enforcement Warrant Officer's ears Association Weapons, Database P Departmentally -owned weapons, personal weapons, alternate weapons, secondary handguns; produces inventory reports SERVICES Chemicals/Film Inventories IS Equipment T Inventory/Sign-out Cards- Photo Lab Operations Files - T Retain until equipment no longer Photo Lab owned/used by department; Manuals, instructions, procedures for use/operations of photographic equipment 093 I 000058 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association II Record Series Title Retention Citation Descriptor Grievance Files CL + 2 GC34090 i Grievance filed by employees, suppo.rting documentation Investigations, CL + 2 GC34090 Non hired Background �I Background Hired P Include original reports' re: PC 832.5 investigations Parades & Special CL + 2 GC34090 Reports, memos, correspondence, Events File scripts, supplier information, assignments, deployments, supporting documentation Permits L + 2 GC34090 Approval process Alcoholic Beverage ! Control License II Concealed Weapons L + C + 2 GC34090 Photographs S + 2 GC34090 Personnel Negative Log CU + 2 GC34090 Negatives, Misc. CU + 2 GC34090 Not case -related (Public relations, promotions, events, ceremonies, staffphotos) Press Releases CU + 2 GC34090 Press, Video Programs CU + 2 GC34090 Collection of videos of programs and (Community Relations) events; outside press coverage of department Property Files CU + 2 GC34090 Original reports and supplemental documentation (Lost, Found, Safekeeping) Property, Pawn CU + 2 GC34090 Sales, slips. Dealer required to file Broker/Secondhand duplicate with agency Reports CU + 6 GC34090. Original maintained by DOJ. Dealer Dealer of Gun Sales, mos. 7 required to file duplicate with agency Du licate 094 1 000059 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Restraining Orders, CU Destroy after law enforcement Emergency Protective (see actions described in .PC 273.5, 273.6, Orders, Temporary descriptor) 646.9, 12028.5, 13700 and Family Restraining Orders, Legal Code Sections 6380-6383 are fulfilled Stipulations, Orders After and effective date of restraining Hearing order has expired. Rosters (Divisional) S + 2 I GC34090 1 Personnel assigned to division. Schedules CU + 2 GC34090 Schedules of Officers on duty Dail Watch Assignment/ CU + 2 GC34090 Timekeeping Records Speaker Requests CU + 2 GC34090 Community and business requests for public appearances, speakers Tests, Densitometer Results T + 2 GC34090 Daily tests of development (Photo Lab) chemicals/processes for quality control. Training P Bulletins Event Files CU + 2 GC34090 Correspondence, brochures, promotional materials, info on speakers, guests, supporting documents Lesson Plans, Range CL + 15 Scope, content, time period of courses Personnel (by name) T + 7 GC34090 Paperwork documenting officers' internal and external training Schedules, Range CU + 2 GC34090 Daily, weekly, monthly schedules of training events at range Volunteer Card Files T + 2 GC34090 Volunteers' identification, contact information 000060 CALIFORNIA RECORDS RETENTION GUIDELINES Law Enforcement Final, December 1998 California City Clerks' Association Note 1: The destruction of felony, misdemeanor and infraction Crime/Supplemental Reports is permitted providing: 1. They do not relate to an unadjudicated arrest except for H&S 11357 or H&S 11360 violations; 2. They do not relate to unserved warrants; 3. They do not involve identifiable items which have not been recovered; 4. They do not relate to PC 290, PC 457.1, or H&S 11590 registrants; 5. They do not relate to violations listed in PC Sections 799 and 800; 6. The cases are not presently involved in either a civil or criminal litigation. 096 ' O00061 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor PARKS Agendas, Board CU + 2 GC34090 , Grants (refer to Admin.) - 0 Inventory, Equipment AU + 2 GC34090 I Warranties, purchase orders Landscape CU + 2 GC34090 Drawings, contracts, complaints, specifications, photos, reports Maintenance/ Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints Maps P I GC34090 Irrigation, plot plans a Minutes, Board P I GC34090 Photographs S + 2 GC34090 Plans, Proposed CU + 2 GC34090 Future plans, new sites, expansions Policies and Procedures S + 2 GC34090 Includes rules and regulations . Railroad Right-of-way CL + 3 36 CFR 64.11 Land acquisitions, correspondence, improvements, statutory records Reports Accident CL + 2 GC34090 Patrons, employees Others CL + 2 GC34090 Studies CL + 2 GC34090 Future sites, expansions Resolutions, Board P GC34090 Schedules, Class & CU + 2 GC34090 Enrollment, liability releases, evaluations, ID97 0u006? CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor SANITATION/ SOLID WASTE/ WASTEWATER Collections/Landfill I CU + 2 GC34090 Daily records, usage Facilities CU + 2 GC34090 I Correspondence, maps, patron list History, Sanitation P GC34090 , Where City -owned Incineration Plants, Sludge CU + 2 40 CFR 61.54 Sludge, sampling, charging rate to measure mercury content Incinerator Operations, Treatment Plant CU + 2 40 CFR 60.153 Gas flow through wet scrubbing, oxygen content of exhaust gas, sludge rate, temperatures, fuel flow, total solids and volatile solids Maintenance and Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints Maps, Septic Tank P GC34090 Location maps Rates CU + 2 GC34090 Recycling Programs S + 2 GC34090 Regulations S + 2 GC34090 Includes legislation 098 000063 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Reports Studies CL + 2 GC34090 Tonnage CU + 2 GC34090 STREETS/ALLEYS Abandonments/ Vacations P GC34090 Closures P I GC34090 Easements, Dedications, Rights - of -Way P GC34090 Field Books P GC34090 Grants (see Admin.) Intersection Records CU + 2 GC34090 Includes correspondence, volume counts, accident history Inventory, Traffic Control Device S + 2 GC34090 Signs, lights Landscaping CU + 2 GC34090 Plants, tree maintenance, work orders Lighting CU + 2 GC34090 Maintenance, work orders Maintenance/ Operations CU + 2 GC34090 Includes work orders, inspection, repairs, cleaning, reports, complaints, signals, striping �099 000064 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Maps P GC34090 Fire hydrants, lighting districts, wheel chair ramps, storm drains, streets, sidewalks, sewers Master Plans CU + 2 GC34090 Copies Parking Lots I CU + 2 GC34090 Regulations S + 2 GC34090 Reports/Studies CL + 2 I GC34090 Permits Encroachment P + GC34090 Improvement CL + 2 GC34090 May include curbs, sidewalks; Applications for excavation, fill, alterations Oversize Load CL + 2 GC34090 Parking CL + 2 GC34090 Residential Paving CL + 2 GC34090 Use (Temporary) CU + 2 GC34090 Includes Special Events Photographs S + 2 GC34090 Includes aerials Plans, Capital Improvement, Projects P GC34090 Streets, curbs, gutters, sidewalks, storm drains 100 O00065 CALIFORNIA RECORDS RETENTION GUIDELINES Public..Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Procedures Naming and P GC34090 numbering Speed Limits S + 2 GC34090 Programs Federal Aid CL + 3 23 CFR Urban 633 (a) & (c) Traffic Safety S + 2 GC34090 Drivers Education, Pedestrian Safety, Bicycle Lanes g Reports Bridges & L GC34090 Life of structure Overpasses Inspection CU + 2 GC34090 Includes intersection, sidewalks. Bridges and Overpasses, keep life of structure Studies CL + 2 GC34090_ Traffic volume, accident history, requests, statistics, drawings supporting traffic devices Traffic Count CL + 2 GC34090 Evaluation of traffic volume Vehicle CL + 2 GC34090 Accident Routes, School Bus & S + 2 GC34090 Truck routes, access ramps, rest areas Truck Signage L + 2 GC34090 Log books, index register cards, inventory lists, records of traffic signs T- 161 0,00066 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Traffic Signals L Logs, drawings, wiring diagrams, codes, circuit numbers, installation records, testing and maintenance. Weigh Scales S + 2 GC34090 i " UTILITIES " i Facilities T + 2 GC34090 If city owned Gas & Electric Rates S + 2 GC34090 Underground 7 P GC34090 I GC4003, GC4004; H&S 19850 WATER Billing/Customer Records CU + 2 GC34090 Billings, correspondence, complaints. Connection Records P GC34090 Maps, water line connections Flood Control Drainage Facilities P GC34090 Includes dams, lakes, basins, creeks Flood Zones P GC34090 Includes flood maps Insurance Programs S + 2 GC34090 Includes copies of policies, rules, programs Policies/ Procedures S + 2 GC34090 Rules and Regulations Reports/ Studies CL + 2 GC34090 1�2 O00067 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Grants (see Admin.) Inventory, Equipment CU + 2 GC34096 Locations P GC34090 Mains, valves, hydrants, wells Maintenance and CU + 2 GC34090 Includes work orders, inspection, repairs, i Operations cleaning, reports, complaints Service CU + 2 GC34090 Includes work orders, entry cards, manholes, service to property owners Well & CU + 2 GC34090 Times operational, power used and Pumping I quantity Maps P GC34090 ( Line location; easements Master Plans CU + 2 GC34090 Copies Meter Operations CU + 2 GC34090 Reader reports, orders, tests Maintenance Reports Permits National P 40 CFR Municipalities of 100,000/more, compliance Pollutant 122.28 with Clean Water Act re: pollutants Discharge Elimination System NPDES) Others CU + 2 GC34090 May depend on terms -of state or federal agency Policies and S + 2 GC34090 Includes rules and regulations Procedures Rates S + 2 GC34090 7 103 CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record series Title Retention Citation Descriptor Reclamation CU + 5 40 CFR Daily operations including sewage flow, 122.41 grit removal, chlorine usage, lab analysis results, etc. Reports Conservation CU + 2 GC34090 Consumption CU + 2 GC34090 Corrosion CU + 12 40 CFR Compliance documentation Control 141.91 Discharge CU + 5 40 CFR Average amount of pollution discharged Monitoring 122.41 into waters of municipality. Drinking CU + 10 40 CFR . Water 141.33 Corrections Hydrograph P GC34090 Daily flow of streams Lead - CU + 12 40 CFR Compliance documentation Service Line 141.91 Public CU + 12 40 CFR Compliance documentation Education 141.91 Quality CU + 12 40 CFR Compliance documentation Parameters 141.91 Sanitary CU + 10 40 CFR Statistics, reports, correspondence Surveys 141.33 Source CU + 12 40 CFR Compliance documentation, e.g. lead & Water 141.91 copper State CU + 12 40 CFR Compliance documentation Certification 141.91 8 IL04 000069, CALIFORNIA RECORDS RETENTION GUIDELINES Public Works Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Variances, CU + 5 40 CFR Water 141.33 System Well Level CU + 2 GC34090 Sources CU + 2 GC34090 May include wells, rivers, lakes, districts Surveyor Field Notes P GC34090 Notes preparatory to maps of water installations j Surveys, Water System CU + 10 40 CFR Statistics, reports, correspondence Sanitary 141.33 Tests Bacteriological CU + 5 40 CFR Compliance records include location, date, Analysis 141.33 method and results; corrections,. analysis of bacterial content Chemical CU + 10 40 CFR Compliance records include location, date, Analysis 141.33 method used and results; corrections, analysis of chemical content Quality CU + 12 40 CFR Compliance documentation including 141.91 sampling data, analysis, reports, surveys, documents, evaluation, schedules, valves, etc. Valve Main Records P GC34090 Violations, Drinking CU + 3 40 CFR Retention applies to each violation Water 141.33 000070 CALIFORNIA RECORDS RETENTION GUIDELINES Transportation Final, December 1998 California City Clerks' Association. Record Series Title Retention Citation Descriptor ADMINISTRATION Agreements T + 4 CCP 337 Including concessionaire, slip rental, facility storage Applications T + 2 GC34090 Payment invoices, inventory listings, billing Aircraft Storage correspondence and other related Parking documents Slip Rentals Special Events CU + 2 GC34090 Permits, correspondence, related documents re use of rights of way Fueling A + 3 CCP 337 Meter readings, fuel consumption reports, invoices, receipts and records pertaining to°refueling operations Hazardous Waste CU + 10 CAL Documentation re: the handling and Disposal OSHA; disposal of hazardous waste 40 CFR 122.21 Inventory, Equipment L + 2 Includes vehicles, aircraft, vessels and Parts & Supplies related documents re repairs Inventory, Vehicle L + 2 Owner's manual, warranty documents, Ownership and Title Department of Motor Vehicle title and registration, and related documents Licenses, Permits CU + 2 Forms, related documentation re: licenses and permits required by federal and state agencies Maintenance/ L + 2 GC34090 Related to requests for service and work Operations orders for fuel, vehicle and equipment maintenance and repairs ld6 000071 CALIFORNIA RECORDS RETENTION GUIDELINES Transportation Final, December 1998 California City Clerks' Association :.Record Series Title Retention Citation Descriptor Report, Accident CU + 2 GC34090 Memos and working documents (Copies) Vehicle Assignment CU + 2 GC34090 Log books, request forms, lists AIRPORT Airport Certification P 14 CFR Federal Aviation Administration (FAA) 139.207b required manuals & 171.13- 171.213 Airport Noise CU + 10 Correspondence, studies, memos, reports, Monitoring and log books, documents related to Complaint assessment of noise levels at airports and resolution of complaints Inspection, Runway CU + 10 Maintenance including Inspection reports, work orders and related records Inspection, Safety Self CU + 2 CFR Safety inspection and related document 139.327 include reviews and analysis of all aspects of airport operation Maintenance, FAA P 14 CFR Forms and reports required by FAA 171.13 - including Forms FAA-198, -418,-6030-1, - 171.213 6790-4 Reports Accident and CL + 8 Accidents, injuries, property damages, Incident general conditions re pilot and aircraft (Aircraft) Airport P Annual and special reports to federal and Operational state regulatory agencies. (Regulatory) 2 1o"' i 000072 CALIFORNIA RECORDS RETENTION GUIDELINES Transportation Final, December 1998 California City Clerks' Association Record Series Title Retention Citation Descriptor Airport CU + 2 Logs, statistical summaries; administrative Operational records (Administrative) NOTAM (Notice CU + 3 Reports re: conditions affecting airport to Airmen) maintenance/operations GROUND TRANSPORTATION Auto for Hire I T + 4 I GC34090 License, permits for Taxicabs, shuttles, etc HARBOR Registers, Transient A + 3 Reservation applications, receipts, and Vessel Reservation index registers relating to boats in transit, temporarily moored Slip Rental Index CU + 5 Annual and periodic reports of slip renters Slip Rental Permits CL + 2 Applications, statement of rental conditions, vessel inspection check sheets, copy of DMV registration, boat owner information, and other documents re: dock slip spaces Slip Rental Waiting CU + 2 List 3 109 000073 T4ht 4 4 Q" COUNCIL/RDA MEETING DATE: August 3, 1999 A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Affordable Housing Agreement by and Between The Spanos Corporation and the La Quinta Redevelopment Agency for the Property Located on the East Side of Adams Street and North of the Intersection of Adams Street and 48th Avenue RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and The Spanos Corporation. Authorize the Agency Chair and the Executive Director to execute the necessary documents, and appropriate $300,000 from the Project Area No. 2 Housing Fund to underwrite the Agency's financial obligations per the Agreement. FISCAL IMPLICATIONS: The program as outlined in the Agreement will require an expenditure of up to $300,000 from the Redevelopment Agency's Project Area No. 2 Low and Moderate Income Housing Fund. BACKGROUND: In the spring of this year the La Quinta Redevelopment Agency entered into exclusive negotiations with The Spanos Corporation to evaluate the feasibility of locating a 200-unit apartment proposal on 14.4 acres of Agency property located north of the intersection of Adams Street and 48th Avenue. Through these negotiations The Spanos Corporation agreed to reserve 20 units at rents affordable to low and moderate income households for thirty years. The attached Affordable Housing Agreement facilitates a land exchange and Agency funding transactions necessary to accommodate the development proposal and reserve the 20 affordable units. The attached Summary Report details the transaction embodied in the Agreement. The Agency and The Spanos Corporation will exchange properties and the Agency will provide $300,000 in financial assistance to facilitate the 20 affordable units. The Spanos 109 C:\My Documents\WPDOCS\ccfs-Spanos AHA.wpd Corporation will then construct a 200-unit apartment complex and reserve 20 units for affordable housing; 10 units will be rented to low-income households and 10 units to moderate income households for a period of thirty years. The land exchange involves the transfer of 10 acres of property The Spanos Corporation owns southwest of the intersection of 47t" Avenue and Adams Street for the 14.4 Agency parcel. The Spanos Corporation initially proposed to develop their 10-acre parcel (without an affordable housing component) with an apartment complex but community concerns resulted in subsequent consideration of the Agency parcel. The Agency will seek development proposal for this 10-acre property at a later date. A recent property appraisal indicates that the 10-acre Spanos property is worth $82,277 more that the Agency parcel. A portion of the $300,000 of Agency financial assistance will fund this difference. The remaining $217,723 of Agency financial assistance will fund planning, public agency fee and off -site infrastructure costs related to the 20 affordable units. FINDINGS AND ALTERNATIVES: The alternatives available to the Redevelopment Agency include: Approve the Affordable Housing Agreement by and between the La Quinta Redevelopment Agency and The Spanos Corporation. Authorize the Agency Chair and the Executive Director to execute the necessary documents, and appropriate $300,000 from the Project Area No. 2 Housing Fund to underwrite the Agency's financial obligations per the Agreement; or 2. Do not approve the Affordable Housing Agreement; or 3. Provide staff with alternative direction. Respectfully submitted, Jerrt HermaYh Coghmunity Development Director Approved for submission by: Thomas P. Genovese, Executive Director Attachments: 1. Affordable Housing Agreement 2. Summary Report 110 CAMy Documents\WPDOCS\ccfs-Spanos AHA.wpd ATTACHMENT #1 AFFORDABLE HOUSING AGREEMENT FOR APARTMENTS BY AND BETWEEN LA QUINTA REDEVELOPMENT AGENCY, AGENCY _►i THE SPANOS CORPORATION DEVELOPER AUGUST 3, 1999 Ili JIM Page TABLE OF CONTENTS [100] SUBJECT OF AGREEMENT ................................. 6 A. [101] Purpose of Agreement ................................. 6 B. [102] The Redevelopment Plan ............................... 6 C. [103] The Project Area ..................................... 7 D. [104] The Site ............................................ 7 E. [105] Parties to the Agreement ............................... 7 1. [106] The Agency .................................... 7 2. [107] The Developer .................................. 8 3. [108] Prohibition Against Changing Ownership Management and Control of Developer and Prohibition Against Transfer of the Site ..................................... 8 F. [109] Representations by the Developer ........................ 9 G. [110] Representation by the Agency .......................... 10 [200] AGENCY ASSISTANCE .................................... 10 A. [201 ] Acquisition and Construction Assistance ................... 11 B. [202] Conditions Precedent to the Transfer of the Site ............. 13 C. [203] Acquisition of the Site ................................. 14 D. [204] Escrow ............................................ 14 E. [205] [Intentionally Omitted] ................................. 15 F. [206] Conveyance of Title and Delivery of Possession ............ 15 G. [2071 Condition of Title .................................... 15 H. [208] Payment of the Purchase Price and Recordation of Deed ..... 16 I. [209] Title Insurance ...................................... 16 J. [210] Taxes and Assessments .............................. 17 K. [211] Conveyance Free of Possession ........................ 17 L. [212] Inspections; Condition of Site ........................... 17 1 Inspections..........................................17 2. "As Is.. ................. .......................... 17 3. Indemnity .......................................... 18 4. Release and Waiver .................................. 18 5. Definitions .......................................... 18 6. Materiality .......................................... 19 7. Right to Contest ..................................... 19 M. [213] Preliminary Work by the Developer ...................... 19 N. [214] Submission of Evidence of Equity Capital and Mortgage Financing for the Development ........................... 20 O. [215] Disbursement of Agency Assistance for Improvements ....... 20 1. Deposit of Agency Assistance .......................... 20 2. Initial Disbursements ................................. 21 3. Conditions for Each Disbursement ....................... 21 4. Overhead Payments .................................. 21 �1 5. Monthly Reports ..................................... 22 r.� CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 2 AT V [300] DEVELOPMENT OF THE SITE .............................. 22 A. [301 ] Development of the Site ................................ 22 1. [302] Scope of Development ............................. 22 2. [303] Site Plan ..........................:.......... 22 3. [304] Review and Approval of Plans, Drawings, and Related Documents ............................. 23 4. [305] Cost of Development ............................. 23 5. [306] Construction Schedule ........................... 24 6. [307] Indemnity, Bodily Injury and Property Damage Insurance 24 7. [308] City and Other Governmental Agency Permits ........ 24 8. [309] Rights of Access ............................... 25 9. [310] Local, State and Federal Laws .................... 25 10. [311 ] Anti -Discrimination .............................. 25 11. [312] Taxes and Assessments ......................... 25 B. [313] Prohibition Against Transfer of the Site, the Buildings or Structures Thereon and Assignment of Agreement .......... 26 C. [314] Right of the Agency to Satisfy Other Liens on the Site After Title Passes .................................... 26 D. [315] Certificate of Completion .............................. 26 E. [316] No Encumbrances Except Mortgages, Deeds of Trust, Sales and Leases -Back or Other Financing for Development .. 27 F. [317] Holder Not Obligated to Construct Improvements ........... 27 G. [318] Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure ................... 27 H. [319] Failure of Holder to Complete Improvements ............... 28 I. [320] Right of Agency to Cure Mortgage, Deed of Trust or, Other Security Interest Default .................... 28 [400] USE OF THE SITE ........................................ 29 A. [401 ] Affordable Housing ................................... 29 1. Number of Units ..................................... 29 B. [402] Uses In Accordance with Redevelopment Plan; Nondiscriminatior29 C. [403] Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction ............... 31 D. [404] Maintenance of the Site ............................... 31 [500] DEFAULTS AND REMEDIES ................................ A. [501 ] Defaults -- General ................................... B. [502] Legal Actions ....................................... 1. [503] Institution of Legal Actions ........................ 2. [504] Applicable Law ................................. 3. [505] Acceptance of Service of Process ................... C. [506] Rights and Remedies Are Cumulative .................... D. [507] Inaction Not a Waiver of Default ......................... 31 31 32 32 32 32 32 32113 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 3 VI VII. E. [508] Remedies and Rights of Termination ..................... 33 1. [509] Damages ..................................... 33 2. [510] Specific Performance ............................ 33 3. [511] Right of Termination by the Developer .............. 33 4. [512] Termination by the Agency ....................... 33 F. [513] Remedies of the Parties for Default After Closing of the Acquisition Escrow ................................ 34 1 [514] Termination and Damages ....................... 34 G. [515] Option to Purchase, Reenter and Repossess 34 H. [516] Right of Reverter .................................... 35 I. [5171 Agency Obligations to Repurchase Site ................... 36 [600] GENERAL PROVISIONS ................................... 37 A. [601] Notices, Demands and Communications Between Parties .... 37 B. [602] Conflicts of Interest ................................... 37 C. [6031 Enforced Delay; Extension of Times of Performance ......... 38 D. [604] Non -Liability of Officials and Employees of the Agency and the Developer ................................... 38 E. [6051 Entire Agreement, Waivers ............ ................ 38 F. [606] Amendments to this Agreement ......................... 39 [700] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY ........ 39 114 CAMy Documents\WPDOCS\Agnmt-Spanos - AFA - Apartments.wpd 4 ATTACHMENTS Attachment No. I The Site Attachment No. 2 Legal Description Attachment No. 3 Scope of Development Attachment No. 4 Schedule of Performance Attachment No. 5 Grant Deed Attachment No. 6 Promissory Note Attachment No. 7 Deed of Trust Attachment No. 8 Declaration of Conditions, Covenants & Restrictions Attachment No. 9 Certificate of Completion Attachment No. 10 Application for Disbursement 3 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 5 AFFORDABLE HOUSING AGREEMENT This Affordable Housing Agreement ("Agreement") is entered into this day of , 1999, by and between LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic (the "Agency") and THE SPAN'OS CORPORATION, a California corporation (the "Developer"). The Agency and the Developer (collectively referred to as the "Parties") hereby agree as follows: [100] SUBJECT OF AGREEMENT A. [101 ] Purpose of Agreement The purpose of this Agreement is to effectuate the Redevelopment Plan (as hereinafter defined) for the La Quinta Redevelopment Project Area No. 2 (the "Project") by providing for the improvement of certain property situated within the Project Area of the Project (the "Project Area"), by assisting in the financing of the acquisition and development of 14.2 acres (the "Site") situated within the Project Area, of approximately 200 apartment units and related improvements (the " Development") on 14.2 acres (the Site") and the long-term maintenance of 20 such apartment units at an affordable housing cost for persons and households of low and moderate -income, all as more fully described in this Agreement. The Agency financial assistance in this Agreement shall be utilized to effectuate a portion of the Agency's overall affordable housing program pursuant to the requirements of California Health and Safety Code Section 33334.2 to expend twenty percent (20%) of its increment funds to improve, increase and preserve the community's supply of low- and moderate housing. The acquisition and development of the Site and the occupancy of ten percent (10%) of the apartment units as developed for households of limited incomes all as provided in this Agreement are in the vital and best interests of the City of La Quinta (the "City") and the health, safety and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the Project has been undertaken. B. [102] The Redevelopment Plan This Agreement is subject to the provisions of the Redevelopment Plan for Project Area No. 2 (the "Redevelopment Plan") which was approved and adopted by Ordinance No. 139 of the City Council of the City of La Quinta on the 16' day of May, 1989. Said ordinance and Redevelopment Plan are fully incorporated herein by reference. Any amendment hereafter to the Redevelopment Plan (as so approved and adopted) which changes the uses or development permitted on the Site as proposed in this Agreement, or otherwise changes the restrictions or controls that apply to the Site,. or otherwise affects the Developer's obligations or rights with respect to the Site, shall not 116 apply to the Site without the written consent of the Developer. Amendments to the CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 6 Redevelopment Plan applying to other property in Project Area No. 2 shall not require the consent of the Developer. C. [103] The Project Area The La Quinta Redevelopment Project Area No. 2 ("Project Area") is located in the City and is generally bounded by Washington Street, the northern corporate boundary, Jefferson Street and Avenue 50. The exact boundaries are as set out in the Redevelopment Plan. D. [104] The Site The "Site" is currently owned by the Agency and consists of 14.2 acres of real property northeast of the intersection of 48" Avenue and Adams Street located within the Project Area in the City of La Quinta, County of Riverside. The Site is depicted in the Site Map on Attachment No. 1 attached hereto and incorporated herein by this reference. The legal description of the Site is provided on Attachment No. 2 attached hereto and incorporated hereby by this reference. According to the proposed Specific Plan for the Site, a maximum of 200 rental units will be developed on the Site in accordance with the "Scope of Development" and by the times set forth in the "Schedule of Performance, " which are attached hereto as Attachment Nos. 3 and 4, respectively, and incorporated herein by reference. Any material change, as reasonably determined by the Agency, in the Scope of Development (Attachment No. 3) which affects the size, quality, or type of development proposed for the Site shall require the written approval of the Agency, which approval may be contingent upon the review and renegotiation of all of the economic and financial terms of this Agreement and such other matters as the Agency shall deem appropriate. E. [105] Parties to the Agreement 1. [106] The Agency The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment Law of the State of California, Division 24 of the California Health and Safety Code, the principal office of the Agency is located at 78-495 Calle Tampico, La Quinta, California 92253, or such other address as Agency shall hereafter designate in writing to Developer. "Agency", as used in this Agreement, includes the La Quinta Redevelopment Agency and any and all assignees of or successors to its rights, powers and responsibilities. 2. [107] The Developer, Developer Property 117 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 7 The Developer, The Spanos Corporation, is a California corporation. The principal office and mailing addresses of the Developer for purposes of this Agreement is 3773 Howard Hughes Parkway, Suite 590S, Las Vegas, Nevada 89109. By executing this Agreement, each person signing on behalf of the Developer warrants and represents to the Agency that the Developer has the full power and authority to enter into this Agreement, that all authorizations required to make this Agreement binding upon the Developer have been obtained, and that the person or persons executing this Agreement on behalf of the Developer are fully authorized to do so. Whenever the term "Developer" is used in this Agreement, such term shall include any and all nominees, assignees, or successors in interests as herein provided. The Developer owns ten (10) acres of property located generally at the southwest corner of 47th Avenue and Adams Street (the "Developer Property"). The legal description for the Developer Property is attached hereto as Attachment No. 2B 3. [108] Prohibition Against Changing Ownership Management and Control of Developer and Prohibition Against Transfer of the Site The qualifications and identity of the Developer are of particular interest to the Agency. It is because of these qualifications and identity that the Agency has entered into this Agreement with the Developer. Prior to the issuance of a Certificate of Completion for Improvements (as defined in Section 302) on the Site, the Developer shall not, except as permitted by this Agreement, assign or attempt to assign this Agreement or any rights or duties herein, nor make any total or partial sale, transfer, conveyance, or assignment of the whole or any part of the Site or the Developer Improvements thereon, without the prior written approval of the Agency. Any purported transfer prior to the issuance of a Certificate of Completion, whether voluntary or by operation of law, except with the prior written consent of the Agency, shall render this Agreement absolutely null and void and shall confer no rights whatsoever upon any purported assignee or transferee. Notwithstanding any other provision of this Agreement to the contrary, Agency approval of an assignment of this Agreement or transfer of the Site or any interest therein shall not be required in connection with: (a) the conveyance or dedication of any portion of the Site to the City of La Quinta or other appropriate governmental agency, including public utilities, where the granting of such easements permits or facilitates the development of the Site; and (b) any assignment of this Agreement or transfer of the Site or the Site Improvements located thereon to a limited liability Corporation in which Developer is a member and has a greater than fifty percent (50%) ownership and management interest. F. [109] Representations by the Developer 118 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd A li The Developer represents and warrants to the Agency as follows: 1. The Developer is duly established and in good standing under the laws of the State of California and has duly authorized, executed and delivered this Agreement and any and all other agreements and documents required to be executed and delivered by the Developer in order to carry out, give effect to, and consummate the transactions contemplated by this Agreement. This Agreement is enforceable against the Developer in accordance with its terms. 2. The Developer does not have any contingent obligations or contractual agreements which will materially adversely affect the ability of the Developer to carry out its obligations hereunder. 3. There are no pending or, so far as is known to the Developer, threatened, legal proceedings to which the Developer is or may be made a party, or to which it or any of its property is or may become subject, which have not been fully disclosed in the material submitted to the Agency, which will materially adversely affect the ability of the Developer to carry out its obligations hereunder. 4. There is no action or proceeding pending or, to the Developer's best knowledge, threatened, looking toward the dissolution or liquidation of the Developer and there is no action or proceeding pending or, to the Developer's best knowledge, threatened by or against the Developer which could affect the validity and enforceability of the terms of this Agreement, or adversely affect the ability of the Developer to carry out its obligations hereunder. 5. The Developer has, and will as required by its obligations hereunder, dedicate, allocate and otherwise make available, sufficient financial and other resources to perform its obligations under this Agreement. Each of the foregoing items 1 to 5, inclusive, shall be deemed to be an ongoing representation and warranty and shall survive the close of escrow for the Site and shall continue until issuance of the Certificate of Completion for the Development. The Developer shall advise the Agency in writing if there is any material change pertaining to any matters set forth or referenced in the foregoing items 1 to 5, inclusive. G. [110] Representations by the Agency The Agency represents and warrants to Developer as follows: 1. Agency is a public body, corporate and politic, existing pursuant to the California Community Redevelopment Law (California Health and Safety Code Section 33000), which has been authorized to transact business pursuant to action of the City of La Quinta. Agency has full right, power and lawful authority to transfer the Site as provided 119 herein and the execution, performance, and delivery of this Agreement by Agencv has 1-7) CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 9 been fully authorized by all requisite actions on the part of Agency. The parties who have executed this Agreement on behalf of Agency are authorized to bind Agency by their signatures hereto. 2. Agency does not have any contingent obligations or contractual agreements which will materially adversely affect the ability of Agency to carry out its obligations hereunder. 3. There are no pending or, so far as is known to Agency, threatened, legal proceedings to which Agency is or may be made a party or to which it or any of its property is or may become subject, which will materially adversely affect the ability of Agency to carry out its obligations hereunder. 4. There is no action or proceeding pending or, to Agency's best knowledge, threatened, looking toward the dissolution or liquidation of Agency and there is no action or proceeding pending or, to Agency's best knowledge, threatened by or against Agency which could affect the validity and enforceability of the terms of this Agreement, or adversely affect the ability of Agency to carry out its obligations hereunder. 5. To the best of Agency's knowledge, the Site is not currently in violation of any law, ordinance, rule, regulation or requirement applicable to its use and operation. 6. Agency is not the subject of a bankruptcy proceeding. II. [200] AGENCY ASSISTANCE The Agency agrees to provide to Developer pursuant to the Agreement, certain financial assistance and incentives in an amount not to exceed a total of Two Hundred and Seventeen Thousand Seven Hundred and Twenty-three Dollars ($217,723), which shall include funding for a portion of the off -site public infrastructure improvements for the Development; and payment of City entity fees all as more particularly set forth in Sections 201 and 203 below (collectively, "Agency Assistance"). Agency shall provide for transfer in fee of the Site (14.2 acres) appraised at $1,117,723 or $78,712 per acre and Developer shall provide for transfer in fee of its Developer Property as consideration for transfer by the Agency of the Site. The fair market value of the Developer Property has been appraised as One Million Two Hundred Thousand Dollars ($1,200,000) or $117,000 per acre for 10.17 acres. This exchange of properties shall include a transfer of $82,277 from the Agency to the Developer so that the consideration for each property is equivalent. The Agency Assistance has been funded from the Agency's Low and Moderate Income Housing Fund. Accordingly, Developer acknowledges and agrees that the use of the Site shall be subject to all of the income and affordability restrictions set forth in this Agreement, and the Declaration of Covenants, Conditions and Restrictions (Attachment No. 8). A. [201] Acquisition and Construction Assistance CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 120 1r) 10 1. Agency shall provide Agency Assistance in a maximum amount not to exceed Two Hundred Seventeen Thousand Seven Hundred Twenty-three Dollars ($217,723) in financial assistance for the Development (the "Assistance") separate from the exchange and transfer of the Site and the $82,277 necessary to balance the exchange from the Developer Property. The Agency Assistance shall be provided 50% after grading is complete and 50% after construction of the off -site street improvements are complete. The Assistance shall be evidenced by a Promissory Note in the amount of Two Hundred Seventeen Thousand Seven Hundred Twenty-three Dollars ($217;723) (the "Developer Note") in the form of Attachment No. 6 and secured by a Deed of Trust (the "Developer Deed of Trust") in the form of Attachment No. 7. The Developer Deed of Trust shall secure the Developer's obligations to utilize the Assistance evidenced by the Developer Note and to complete the Development substantially in accordance with the terms of this Agreement. 2. The Site Purchase Price shall be One Million One Hundred Seventeen Thousand Seven Hundred Twenty-three Dollars ($1,117,723). This amount represents the appraised value of the land. The Purchase Price shall be composed of the exchange of the Developer Property valued at One Million Two Hundred Thousand Dollars ($1,200,000) in addition to the cash payment from the Agency to the Developer of $82,277. The cash payment shall be placed into escrow by the Agency and paid to the Developer upon the close of escrow for the Site and the Developer's Property. The Site shall be transferred to the Developer by Grant Deed in the form of Attachment No. 5A. The Developer Property shall be transferred from the Developer to the Agency in the form of Attachment No. 5B 3. The Developer Note shall bear no interest and shall be due and payable in accordance with the terms of the Developer Note. If the apartments are developed, the Developer Note shall be canceled and the Deed of Trust shall be reconveyed after the term of thirty (30) years of continuous implementation of the affordability restrictions as set out in the Conditions, Covenants, and Restrictions (Attachment No. 8). 4. Agency shall disburse an amount for site preparation, grading, utility systems and streets, for other governmental agency fees for project planning and development costs, for utility and bond costs, and for City fees up to a maximum amount of Two Hundred Seventeen Thousand Seven Hundred and Twenty-three Dollars ($217,723) of additional project costs. This amount is inclusive of the up to $100,000 originally approved in the Exclusive Negotiation Agreement. The Assistance shall be disbursed to Developer in accordance with the provisions of Section 215 hereof. B. (202] Conditions Precedent to the Transfer of the Site and Developer Propedy Prior to and as conditions to transfer of the Site, the Developer shall complete each CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd of the following by the respective times established therefor in the Schedule of Performance (Attachment No. 4): 1. the Developer shall not be in default of this Agreement; and 2. the Developer provides to the Executive Director insurance certificates conforming to Section 307 of this Agreement; and 3. the Developer shall have executed and deposited with escrow for delivery to the Agency the Developer Promissory Note (Attachment No. 6) and the Deed of Trust (Attachment No. 7); and 4. the Developer shall have executed and deposited with escrow for recordation and delivery to the Agency the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) and the Grant Deed for the Developer Property; and 5. the Developer shall have provided evidence of their financing plan reasonably satisfactory to the Agency Executive Director sufficient to perform Developer's responsibilities for construction of the Development pursuant to this Agreement; and 6. the Developer has approved the environmental condition of the Site and agrees to acquire the Site in its present condition; and 7. the Agency shall have executed the Grant Deed for the Site and placed the $82,277 of the cash portion of the purchase price for the Developer Property in escrow. The foregoing items numbered 1 to 6, inclusive, together constitute the "Conditions" Precedent to the close of escrow for the Site and the Developers Property. C. [203] Exchange of the Site and the Developer Property The Developer shall acquire a fee simple marketable title to the Site pursuant to a Grant Deed in the form of Attachment No. 5A attached hereto and incorporated hereby by this reference. The Agency shall acquire a fee simple marketable title to the Developer Property pursuant to a Grant Deed in the form of Attachment No. 5B. D. [204] Escrow The Developer agrees to open an escrow (the "Exchange Escrow") with First American Title Insurance Co., or with another mutually agreeable escrow company (the "Escrow Agent"), within 30 days after approval of this Agreement. This Agreement constitutes the Agency and Developer's escrow instructions for the sale and acquisition of 122 i5 CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartmentsmpd 12 the Site and for the sale and acquisition of the Developer Property. A duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the Exchange Escrow. The Escrow Agent is hereby empowered to act under this Agreement, and the Escrow Agent, upon indicating within five (5) days after the opening of the Acquisition Escrow its acceptance of the provisions of this Section 204, in writing, delivered to the Agency and the Developer, shall carry out its duties as Escrow Agent hereunder. The Agency and the Developer shall each pay into the Exchange Escrow fifty percent (50%) of the following fees, charges and costs promptly after the Escrow Agent has notified the Agency and Developer of the total amount of such fees, charges and costs, but not earlier than ten (10) days prior to the scheduled date for closing the Exchange Escrow: 1. The Escrow fee; 2. Costs of drawing the grant deed; 3. Recording fees; 4. Notary fees; 5. The title insurance policy premiums; and 6. Any transfer tax and any state, county or city documentary stamps. The Developer shall deposit with the Escrow Agent the executed Developer Promissory Note (Attachment No.6) and Developer Deed of Trust (Attachment No. 7). The Escrow Officer shall notify the Agency when all outstanding documents including the respective Grant Deeds to the Developer and to the Agency, the Developer Deed of Trust (Attachment No. 7) and the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) have been executed and submitted to Escrow by the applicable party. The Escrow Agent is authorized to utilize the funds provided for the above exchange costs on the condition of the immediate recording of the Developer Deed of Trust (Attachment No. 7) and the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) after recording of each of the Grant Deeds (Attachment No. 5A and 5B) vesting title in the Developer and the Agency respectively. All funds received in the Exchange Escrow shall be deposited by the Escrow Agent, with other escrow funds of the Escrow Agent in an interest -earning general escrow account or accounts with any State or national bank doing business in the State of California. Such funds may be transferred to any other general escrow account or accounts. All disbursements shall be made by check of the Escrow Agent. If the Exchange Escrow has not closed within three (3) working days of the receipt by Escrow of the Parties funds, then said funds shall be returned to the Parties unless both parties agree to extend the close of Escrow. 123 iU CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 13 Any amendment to these escrow instructions shall be in writing and signed by the Agency. At the time of any amendment, the Escrow Agent shall agree to carry out its duties as Escrow Agent under such amendment. The liability of the Escrow Agent in the capacity of escrow holder with respect to the Agency is limited to performance of the obligations imposed under it under this Section 204 of this Agreement. E. [205] [Intentionally Omitted] F. [206] Conveyance of Title and Delivery of Possession Provided that the Developer is not in default under this Agreement and all conditions precedent to such conveyance have occurred, and subject to any mutually agreed upon extensions of time, conveyance to the Developer of title to the Site and conveyance to the Agency of the Developer Property shall be completed on or prior to commencement of construction unless otherwise agreed to by the Agency. The Agency and the Developer agree to perform all acts necessary to conveyance of title in sufficient time for title to be conveyed in accordance with the foregoing provisions. Possession shall be delivered to the Developer and the Agency respectively, concurrently with the conveyance of title, except that limited access may be permitted before conveyance of title as permitted in Section 213 of this Agreement. The Developer and Agency shall accept title and possession on the said date. G. [207] Condition of Title The Agency shall convey to the Developer fee simple title to the Site and the Developer shall convey to the Agency fee simple title to the Developer Property free and clear of all recorded liens, encumbrances, encroachments, assessments, leases and taxes except as approved by Developer and Agency pursuant to this Section 207. Within five (5) days of execution of this Agreement, Agency shall with respect to the Site and Developer with respect to Developer Property, cause First American Title Insurance Company, or another title company reasonably acceptable to Agency and Developer (the "Title Company"), to deliver to each other a standard preliminary title report (the "Title Report") with respect to the Site and Developer Property, together with legible copies of the documents underlying the exceptions ("Exceptions") set forth in the Title Report. Developer and Agency shall have the right to reasonably approve or disapprove the Exceptions; provided, however, that the Developer hereby approves the Redevelopment Plan and the lien of current non -delinquent real property taxes and assessments, if any, as Exceptions. Developer and Agency shall each have ten (10) days from the date of receipt of the Title Report and the Exceptions pursuant to this Section 207 to give written notice to each other of its approval or disapproval of any of such Exceptions. If either Party fails to give written approval of the Title Report within such time limit then it shall be deemed to have12 4 approved the Title Report. If either Party notifies the other Party of its disapproval of any A Yy C:\My Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 14 1 Exceptions in the Title Report, owner shall have the right, but not the obligation, to remove any disapproved Exceptions within ten (10) days after receiving written notice of the disapproval or provide assurances satisfactory to the other Party that such Exception(s) will be removed on or before conveyance of the Site and Developer Property. If Developer or Agency cannot or in its sole discretion does not elect to remove any of the disapproved Exceptions within that period, the other Party shall have ten (10) business days after the expiration of such ten (10) days to either give written notice that it elects to proceed with the conveyance of the Site subject to the disapproved Exceptions or to give written notice that it elects to terminate this Agreement. Neither Developer nor Agency shall voluntarily create any new exceptions to title following the date of this Agreement. H. [208] Payment of the Purchase Price and Recordation of Deed The Developer shall deposit the Grant Deed to the Developer Property (Attachment 5 No. B) , the executed Developer Note, the Deed of Trust, and the Conditions, Covenants, and Restrictions (Attachment No. 8) for the Site and other sums required hereunder, if any, with the Escrow Agent prior to the date for conveyance of the Site, provided that the Escrow Agent shall have notified the Developer in writing that each Grant Deed, properly executed and acknowledged by the Agency, has been delivered to the Escrow Agent and that title is in condition to be conveyed in conformity with the provisions of Section 207 of this Agreement. Upon the close of escrow, the Escrow Agent shall record the respective Grant Deeds for recordation among the land records in the Office of the County Recorder of Riverside County. I. [209] Title Insurance Concurrently with recordation of the respective Grant Deeds, First American Title Insurance Company or some other title insurance company satisfactory to the Agency and the Developer having equal or greater financial responsibility ("Title Company"), shall provide and deliver to the Developer and to the Agency a CLTA or ALTA title insurance policy issued by the Title Company insuring that the title is vested in the Developer and the Agency, as applicable, in the condition required by Section 207 of this Agreement. The Title Company shall provide the Developer and the Agency with a copy of the title insurance policy and the title insurance policy shall be in the amount of Dollars ($ ) for the Site and the Developer Property. The Developer and Agency shall pay the title insurance premium attributable to a CLTA standard form policy of title insurance in the amount of the purchase price of the Site and the Developer Property respectively. The Title Company shall, if requested by the Developer, increase the amount of the title insurance policy or provide the Developer with an endorsement to insure the amount of the Developer's estimated development costs of the improvements to be constructed upon the Site. The Developer shall pay the entire premium for any such increase in coverage requested by it. 125 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd is 1 J. [210] Taxes and Assessments Ad valorem taxes and assessments, if any, on the Site and the Developer Property, and taxes upon this Agreement or any rights hereunder, levied, assessed or imposed for any period commencing prior to conveyance of title shall be borne by the Agency and Developer respectively. All ad valorem taxes and assessments levied or imposed for any period commencing after closing of escrow for the Site shall be paid by the Developer. K. [211] Conveyance Free of Possession Except as otherwise provided in the Scope of Development (Attachment No. 3), the Site and the Developer Property shall be conveyed free of any possession or right of possession by any person except that of the Developer and the Agency respectively and the easements of record. L. [212] Inspections. Condition of Site 1. Inspections. The Developer shall conduct the Developer's own investigation of the Site, including but not limited to the existing improvements, if any, its physical condition, the soils and toxic conditions of the Site and all other matters which in the Developer's judgment affect or influence the Developer's proposed use of the Site and the Developer's willingness to develop the Site pursuant to this Agreement. The Developer's investigation may include, without limitation, the preparation by a duly licensed soils engineer of a soils report for the Site. Within the time set forth therefor in the Schedule of Performance (Attachment No. 4), the Developer shall provide written notice to the Agency of the Developer's determinations concerning the suitability of the physical condition of the Site. If, in the Developer's reasonable judgment, the physical condition of the Site is unsuitable for the use or uses to which the Site will be put to the extent that it is not economically feasible for the Developer to develop the Site pursuant to this Agreement, then the Developer shall have the option either to (a) take any action necessary to place the applicable Site in a condition suitable for development, at no cost to the Agency; or (b) terminate this Agreement pursuant to the provisions of Section 511 hereof with respect to the Site. If the Developer has not notified the Agency of its determinations concerning the suitability of the physical condition of the Site. within the time set forth in the Schedule of Performance (Attachment No.. 4), the Developer shall be deemed to have waived its right to terminate this Agreement pursuant to this Section. 2. "As Is". The Agency has provided the Developer with all information of which it has actual knowledge concerning the physical condition of the Site, including, without limitation, information about any Hazardous Materials, as defined below. The Developer acknowledges and agrees that any portion of the Site, including but not limited to the existing improvements that it acquires from the Agency pursuant to this Agreement shall be purchased "as is," in its current physical condition, with no warranties, express or implied, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any Hazardous materials thereon or therein, and any other matters affecting the Site. 126 -L CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 16 The Developer has provided the Agency with all information of which it has actual knowledge concerning the physical condition of the Site, including, without limitation, information about any Hazardous Materials, as defined below. The Agency acknowledges and agrees that any portion of the Site, including but not Limited to the existing improvements that it acquires from the Developer pursuant to this Agreement shall be purchased "as is," in its current physical condition, with no warranties, express or implied, as to the physical condition thereof, the presence or absence of any latent or patent condition thereon or therein, including, without limitation, any Hazardous materials thereon or therein, and any other matters affecting the Site. 3. Indemnity. The Developer agrees, with respect to the Site and the Agency agrees with respect to the Developer Property from and after the date of recording of the deeds conveying title to the Site and the Developer Property respectively, to defend, indemnify, protect and hold harmless the Agency and the Developer respectively and their officers, beneficiaries, employees, agents, attorneys, representatives, legal successors and assigns ("Indemnities") from, regarding and against any and all liabilities, obligations, orders, decrees, judgments, liens, demands, actions, Environmental Response Actions (as defined in subsection 5 below), claims, losses, damages, fines, penalties, expenses, Environmental Response Costs (as defined herein) or costs of any kind or nature whatsoever, together with fees (including, without limitation, reasonable attorneys' fees and experts' and consultants' fees), occurring during and caused by Developer's use and occupancy of the Site and the Agency's respective use and occupancy of the Developer's Property, and resulting from or in connection with the actual or claimed generation, storage, handling, transportation, use, presence, placement, migration and/or release of Hazardous Materials (as defined in subsection 5 below), at, on, in, beneath or from the Site, unless caused by the negligence or willful misconduct of Indemnitees. The respective Developer's and Agency's defense, indemnification, protection and hold harmless obligations herein shall include, without limitation, the duty to respond to any governmental inquiry, investigation, claim or demand regarding the Hazardous Materials, at the Developer's sole cost. Developer shall have no liability under this Section 212(3) for any Environmental Response costs, Hazardous Materials or any other matter to be indemnified hereunder occurring after the sale or transfer of the completed Development in accordance with the terms of this Agreement. 4. Release and Waiver. Subject to the exceptions set forth in Section 212(3) above, the Developer with respect to the Site and the Agency with respect to the Developer Property hereby releases and waives all rights, causes of action and claims the Developer or Agency has or may have in the future against the Indemnities arising out of or in connection with any Hazardous Materials (as defined subsection 5 below), at, on, in, beneath or from the Site and the Developer Property respectively. In furtherance of the intentions set forth herein, the Developer and the Agency acknowledge that they are familiar with Section 1542 of the Civil Code of the State of California which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known 127 by him must have materially affected this settlement with the debtor." CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 17 The Developer and the Agency hereby waive and relinquish any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or nonstatutory law of any other applicable jurisdiction to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Section 212. 5. Definitions. (a) As used in this Agreement, the term "Environmental Response Actions" means any and all activities, data compilations, preparation of studies or reports, interaction with environmental regulatory agencies, obligations and undertakings associated with environmental investigations, removal activities, remediation activities or responses to inquiries and notice letters, as may be sought, initiated or required in connection with any local, state or federal governmental or private party claims, including any claims by the Developer. (b) As used in this Agreement, the term "Environmental Response Costs" means any and all costs associated with Environmental Response Actions including, without limitation, any and all fines, penalties and damages. (c) As used in this Agreement, the term "Hazardous Materials" means any substance, material or waste which is (1) defined as a "hazardous waste," "hazardous material," "hazardous substance, "extremely hazardous waste," or "restricted hazardous waste" under any provision of California law; (2) petroleum; (3) asbestos; (4) polychlorinated biphenyls; (5) radioactive materials; (6) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.C. Section 1251 et seq. (33 U.S.C. Section 1321)or listed pursuant to Section 307 of the Clean Water Act (33 U.S.C. Section 1317); (7) defined as a "hazardous substance" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq. (42 U.S.C. Section 6903) or its implementing regulations; (8) defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq. (42 U.S.C. Section 9601); or (9) determined by California, federal or local governmental authority to be capable of posing a risk of injury to health, safety or property. 6. Materiality. The Developer acknowledges and agrees that the defense, indemnification, protection and hold harmless obligations of the Developer for the benefit of the Agency set forth in this Agreement are a material element of the consideration to the Agency for the performance of its obligations under this Agreement, and that the Agency would not have entered this Agreement unless the Developer's obligations were as provided for herein. 7. Right to Contest. Developer may contest in good faith any claim, demand, levy or assessment under Hazardous Materials Laws if: (a) the contest is based on a material question of law or fact raised by Developer in good faith, (b) Developer promptly commences and thereafter diligently pursues the contest, (c) the contest will not12g CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 18 n materially impair the taking of any remedial action with respect to such claim, demand, levy or assessment, and (d) if requested by Agency, Developer deposits with Agency any funds or other forms of assurance Agency in good faith from time to time determines appropriate to protect Agency in good faith from the consequences of the contest being unsuccessful and any remedial action then reasonably necessary. No default shall be deemed to exist with respect to any claim, demand, levy or attachment being contested by Developer under the conditions of this section. M. [213] Preliminary Work by the Developer Prior to the conveyance of title from the Agency, representatives of the Developer shall have the right of access to the Site at all reasonable times for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. The Developer shall hold the Agency harmless for any injury or damages arising out of any activity pursuant to this section. The Developer shall have access to all data and information on the Site available to the Agency, but without warranty or representation by the Agency as to the completeness, correctness or validity of such data and information. Any preliminary work undertaken on the Site by the Developer prior to conveyance of title thereto shall be done only after written consent of the Agency and at the sole expense of the Developer. The Developer shall save and protect the Agency against any claims resulting from such preliminary work, access or use of the Site by Developer, its agents or contractors. Copies of data, surveys and tests obtained or made by the Developer on the Site shall be filed with the Agency. Any preliminary work by the Developer shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. N. [214] [Intentionally Omitted] O. [215] Disbursement of Agency Assistance for Improvements. 1. Deposit of Agency Assistance. The portion of Agency Assistance to be utilized for reimbursement of construction and planning costs according to the schedule set out in the Scope of Development (Attachment No. 3) shall be deposited in an interest bearing account to be designated by the Agency in the name of the Agency ("Agency Account") and funds shall be disbursed from the Agency Account upon the signature of the Executive Director or Finance Director, acting alone, for the purposes set forth in this Agreement pursuant to the disbursement procedures set forth in this Section 215. The amount to be deposited in this account shall be equal to Three Hundred Thousand Dollars ($300,000). The $300,000 is composed of $82,277 to be paid into Escrow as part of the. consideration for the Developer Property and $217,723 towards reimbursement of improvement costs such as grading -and street improvement requirements. The Application for disbursement shall be submitted to the Executive Director of the Agency for review and approval in accordance with this Section 215. 129 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 19 ^ 9 44 2. Initial Disbursements. Agency shall make disbursements of the Assistance following approval of this Agreement and prior to the commencement of the construction of the Improvements contemplated by the Scope of Development ("Initial Disbursements") only for previously incurred development costs and fees approved by Agency and set forth on the Budget (Attachment No. 11). 3. Conditions for Each Disbursement. Prior to each and every disbursement, the following conditions shall be satisfied: (a) Application. Developer shall have delivered the Application attached hereto as Attachment. No. 10 to the Executive Director at least fifteen (15) business days prior to the requested disbursement. The Application shall be completed and certified to be accurate by Developer. The Application shall specifically identify the nature of each expense, by reference to items in the Budget, and shall identify the status of completion of such construction. (b) Approval of Application. The Executive Director shall have reviewed and approved the Application and accompanying documents, and the Executive Director shall have determined that the work is within the scope of the applicable section of the Budget within ten (10) business days. The Executive Director shall advise Developer of any issues within the ten (10) day period and shall pay all uncontested amounts requested by the Application within twenty (20)days or the receipt of the Application. (c) Amount: Frequency. Agency shall not be obligated to make disbursements more frequently than once per month. III. [300] DEVELOPMENT OF THE SITE A. [301 ] Development of the Site 1. [302] Scope of Development The Site shall be developed as 200 apartment units with ten percent (10%) set aside on a floating basis for low, and moderate income individuals. The development of the Site shall include both public improvements and private improvements on the Site and off -site public improvements required in the normal course of City's review of the development. The scope is more fully described in the Scope of Development (Attachment No. 3) and Specific Plan 99-037. The Developer shall commence and complete construction of the development of the Site by the respective times established therefor in the Schedule of Performance (Attachment No. 4): The Scope of Development (Attachment No. 3) shall include any plans and specifications submitted to the City and/or Agency for approval, and shall incorporate or show compliance with all mitigation measures. 130 n3 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 20 2. [303] Site Plan By the time set forth therefor in the applicable Schedule of Performance (Attachment No. 4), the Developer shall prepare and submit to the City for its approval a Site Plan and related documents which conform to the approved Specific Plan for the Project and the requirements of the City and which contain the overall plan for development of the Site in sufficient detail to enable the City to evaluate the proposal for conformity to the requirements of the La Quinta Municipal Code and this Agreement. The Site shall be developed as established in this Agreement and such documents, except as changes may be mutually agreed upon between the Developer and the Agency. Any such changes shall be within the limitations of the Scope of Development (Attachment No. 3). During the preparation of all drawings and plans, staff of the City and the Agency and the Developer shall hold regular progress meetings to coordinate the preparation of, submission to, and review of drawings, plans and related documents by the City. The staff of City and the Agency and the Developer shall communicate and consult informally as frequently as is necessary to insure that the formal submittal of any documents to the Agency can receive prompt consideration. 3. [304] Review and Approval of Plans. Drawings. and Related Documents The Agency and the City shall have the right to review and approve all plans and drawings which may be required by the City with respect to any permits and entitlements which are required to be obtained to develop the Project, including any changes therein. During each stage of the processing of plans for the Site, the Agency and the City shall have the right to require additional information and shall advise the Developer if any submittal of plans or drawings is not complete or not in accordance with City/Agency procedures. If the Agency or the City determines that such a submittal is not complete or not in accordance with procedures, such tender shall not be deemed to constitute a submittal for purposes of satisfying the Schedule of Performance (Attachment No. 4); provided, however, Agency or City, as applicable, shall provide Developer with a detailed written report of any such deficiency or noncompliance with procedures and Developer shall revise and resubmit such plans in accordance with the Schedule of Performance and such written report. If the Developer desires to make any substantial changes in the construction plans for the Site after their approval by the Agency and the City, the Developer shall submit the proposed change to the Agency and the City for their approval. If the construction plans, as modified by the proposed change, conform to the requirements of this Section 304 and the Scope of Development (Attachment No. 3), the Agency and the City will approve the proposed change and notify the Developer in writing within thirty (30) days after submission to the Agency and the City. 131 2 CAMy Documents\WPDOCSWgnnt-Spanos - AFA - Apartmentsmpd 21 4. [305] Cost of Development With the exception of the Agency Assistance as set forth in Section 201 of this Agreement, all costs for planning, designing, and constructing the Improvements shall be borne exclusively by the Developer. The Developer shall also bear all costs related to discharging the duties of the Developer set forth in this Agreement. 5. [306] Construction Schedule The Developer shall use best efforts to commence and complete development of the Site by the respective times established therefor in the Schedule of Performance (Attachment No. 4). 6. [307] Indemnity. Bodily Injury and Property Damage Insurance The Developer shall defend, assume all responsibility for and hold the Agency and the City, and their respective officers, agents and employees, harmless from all claims or suits for, and damages to, property and injuries to persons, including accidental death (including attorneys fees and costs), which may be caused by any of the Developer's activities under this Agreement. The Developer shall take out and maintain during the life of this Agreement a comprehensive liability policy in the amount of One Million Dollars ($1,000,000) combined single limit policy, [including contractual liability,] as shall protect the Developer, the City, and the Agency from claims for such damages. Coverage shall be primary and not contributing with any policy or coverage maintained by or obtained by the Agency, and an appropriate endorsement shall so state. The policy shall contain a waiver of subrogation. Insurance coverage furnished by the Developer pursuant to this Section 307 shall conform to this Section 307 and shall pertain to all activities on the Site and adjacent public rights -of -way surrounding the Site and all work on off -site public improvements. Developer shall furnish or cause to be furnished to the Agency a Certificate of Insurance from the insurer evidencing compliance with this Section 307 and providing that the insurer shall not change or modify the policy without thirty (30) days' prior written notice to Agency. In the alternative, Developer may show proof of a certificate of consent to self -insure issued by the Director of Industrial Relations according to California Labor Code Section 3800. Developer additionally agrees to and shall save the Agency and the City and their officers, employees and agents harmless from and assume all responsibility for any and all liability or responsibility for damage, costs, losses, or suit arising in any manner from the approval of this Agreement or the development and activities conducted by Developer or its agents pursuant this Agreement. This obligation and indemnification shall constitute a covenant running with the land throughout the life of the Redevelopment Plan. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 132 22 7. [308] City and Other Governmental Agency Permits Before commencement of construction or development of any buildings, structures or other works of improvement upon the Site or in connection with any off -site improvement, the Developer shall, at its own expense, secure or cause to be secured any and all permits which may be required by the City or any other governmental agent affected by such construction, development or work. It is understood that the Developer's obligation is to pay all necessary fees and to timely submit to the City final drawings with final corrections to obtain building permit; the Agency will, without obligation to incur liability or expense therefor, use its best efforts to expedite issuance of building permits and Certificates of Occupancy for construction that meets the requirements of the City Code. 8. [309] Rights of Access For purpose of assuring compliance with this Agreement, representatives of the Agency and the City shall have the right of access to the Site without charges or fees, at normal business hours during the period of this Agreement for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the Project, so long as they comply with all safety rules. Such representatives of the Agency or of the City shall be those who are so identified in writing by the Executive Director of the Agency. The Agency shall hold the Developer harmless from any bodily injury or related damages arising out of the activities of the Agency and the City as referred to in this Section 309. 9. [310] Local. State and Federal Laws The Developer shall perform under this Agreement and carry out its performance under this Agreement, including without limitation the construction of the Project, in conformity with all applicable Federal and State laws and local ordinances, including all applicable Federal and State labor standards, as to the Site, provided, however, Developer and its contractors, successors, assigns, transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. 10. [311 ] Anti -Discrimination Pursuant to Section 33435 and 33050 of the California Community Redevelopment Law, the Developer for itself and its successors and assigns, agrees, that in the construction of Project on the Site or other performance under this Agreement, the Developer will not discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, ancestry, or national origin. 11. [312] Taxes and Assessments After the conveyance of title by Agency to Developers or its assignee, the Developer shall pay prior to delinquency all real estate taxes and assessments on the Site for any period subsequent to the conveyance of title and possession, so long as the 133 �u CAMy DocumentsMPDOCSWgrmt-Spanos - APA - Apartments.wpd 23 Developer retains any ownership interest therein. The Developer shall remove or have removed any levy or attachment made on the Site or any part thereof, or assure the satisfaction thereof within a reasonable time but in any event prior to any sale or transfer of all or any portions thereof. Notwithstanding the above, the Developer shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance available to the Developer in respect thereto, and nothing herein shall limit the remedies available to the Developer in respect thereto. B. [313] Prohibition Against Transfer of the Site. the Buildings or Structures Thereon and Assignment of Agreement The Developer shall not, without prior approval of the Agency, make any total or partial sale, transfer, conveyance of, or enter into any assignment or ground lease of the whole or any part of the Site or of the buildings or structures on the Site prior to the issuance of the Certificate of Completion. Further, prior to any transfer of interest which results in the Developer no longer being the owner or having a controlling interest in the developed property, the Developer shall provide the Agency with evidence of the transfer, assignment and acceptance by the new owner of all of the operational and maintenance obligations set out in this Agreement, the Developer Note, Deed of Trust, and Covenants, Conditions, and Restrictions. This prohibition shall not be deemed to prevent leasing of the individual apartment units or the granting of temporary or permanent easements or permits to facilitate the development of the Site. C. [314] Right of the Agency to Satisfy Other Liens on the Site After Title Passes After the conveyance of title by Agency and prior to the completion of construction, and after the Developer has had written notice and has failed after a reasonable time, but in any event not less than forty-five (45) days, to challenge, cure, adequately bond against, or satisfy any liens or encumbrances on the Site which are not otherwise permitted under this Agreement, the Agency shall have the right, but no obligation to satisfy any such liens or encumbrances. Notwithstanding the above, the Developer shall have the right to contest the validity or amounts of any tax, assessment, or encumbrance available to the Developer in respect thereto. D. [315] Certificate of Completion Promptly after the completion of construction of the Project in conformity with this Agreement (as determined by the Executive Director of the Agency), upon the written request of the Developer the Agency shall furnish the Developer with the Certificate of Completion (in the form attached hereto as Attachment No. 9) which evidences and determines the satisfactory completion of the construction, and development of the Project, pursuant to the provisions and covenants specified in this Agreement, the Redevelopment Plan and the California Community Redevelopment Law. 134 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 24 The issuance and recordation of a Certificate of Completion (Attachment No. 9) with respect to the Project shall not supersede, cancel, amend or limit the continued effectiveness of any obligations relating to the maintenance, or uses, or payment of monies, or any other obligations, except for the obligation to complete construction of the Project as of the time of the issuance of such applicable certificate in accordance with the requirements of this Agreement. The Agency shall not unreasonably withhold any Certificate of Completion. If the Agency refuses or fails to furnish a Certificate of Completion after written request from the Developer, the Agency shall, within ten (10) days of the written request, provide the Developer with a written statement of the reasons the Agency refused or failed to furnish such Certificate of Completion. The statement shall also contain the Agency's opinion of the action the Developer must take to obtain the Certificate of Completion. Upon issuance of a Certificate of Completion (Attachment No. 9) for the Project, construction of the Project shall be deemed to have been completed in conformity with this Agreement. The Certificate of Completion (Attachment No. 9) is not a Notice of Completion as referred to in Section 3093 of the California Civil Code. The issuance of a Certificate of Completion shall not affect the continued effectiveness of the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) recorded pursuant to this Agreement. E. [316] No Encumbrances Except Mortgages. Deeds of Trust. Sales and Leases -Back or Other Financing for Development (Reserved - not applicable to this Agreement) F. [317] Holder Not Obligated to Construct Improvements The holder of any mortgage, Deed of Trust or other security interest authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the Project or to guarantee such construction or completion, nor shall any covenant or any other provision in the Grant Deed for the Site be construed so to obligate such holder. Nothing in this Agreement shall be deemed to construe, permit or authorize any such holder to devote the Site to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this Agreement. G. [318] Notice of Default to Mortgage. Deed of Trust or Other Security Interest Holders: Right to Cure Whenever the Agency shall deliver any notice or demand to the Developer with respect to any breach or default by the Developer in completion of construction of the Project, the Agency shall at the same time deliver a copy of such notice or demand to each holder or record of any mortgage, Deed of Trust or other security interest authorized by this Agreement who has previously made a written request to the Agency therefor. Each such 135 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 25 n 2 holder shall (insofar as the rights of the Agency are concerned) have the right, at its option, within ninety (90) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any such default and to add the cost thereof to the security interest debt and the lien on its security interest. In the event there is more than one such holder, the right to cure or remedy a breach or default of the Developer under this Section 318 shall be exercised by the holder first in priority or as the holders may otherwise agree among themselves, but there shall be only one exercise of such right to cure and remedy a breach or default of the Developer under this Section 318. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Project (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed the Developer's obligations to the Agency by written agreement satisfactory to the Agency. The holder in that event must agree to complete, in the manner provided in this Agreement, the Project to which the lien or title of such holder relates and submit evidence satisfactory to the Agency that it has the qualifications and financial responsibility necessary to perform such obligations. Any such holder properly completing the Project shall be entitled, upon written request made to the Agency, to a Certificate of Completion from the Agency. H. [319] Failure of Holder to Complete Improvements In any case where, six (6) months after default by the Developer in completion of construction of the Project under this Agreement, the holder of any mortgage, Deed of Trust or other security interest creating a lien or encumbrance upon the Site has not exercised the option to construct, or if it has exercised the option and has not proceeded diligently with construction, the Agency may purchase the mortgage, Deed of Trust or other security interest by payment to the holder of the amount of the unpaid debt, plus any accrued and unpaid interest. If the ownership of the Site has vested in the holder, the Agency, if it so desires, shall be entitled to a conveyance of the Site from the holder to the Agency upon payment to the holder of an amount equal to the sum of the following: (a) The unpaid mortgage, Deed of Trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (b) All expenses with respect to foreclosure; (c) The net expenses, if any (exclusive of general overhead), incurred by the holder as a direct result of the subsequent management of the Site; (d) The costs of any authorized improvements made by such holder; and (e) An amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage or Deed of Trust debt and such debt had continued in existence to the date of payment by the Agency. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 26 [320] Right of Agency to Cure Mortgage. Deed of Trust or Other Security Interest Default In the event of a default or breach by the Developer of a mortgage, Deed of Trust or other security interest with respect to the Site prior to the completion of the Project, and the holder has not exercised its option to complete the Project, the Agency may cure the default prior to completion of any foreclosure. In such event, the Agency shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the Agency in curing the default. The Agency shall also be entitled to a lien upon the Site to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, Deeds of Trust or other security interests executed for the sole purpose of obtaining funds to purchase and develop the Site as authorized herein. IV. [400] USE OF THE SITE A. ' [401] Affordable Housing 1. Number of Units Developer shall develop the Site consisting of up to 200 apartments on the Site and shall develop all on -site and off -site public improvements connected therewith, all as described and set forth in the Scope of Development (Attachment No. 3). Developer shall restrict the leases of ten (10) of the units to Low Income and ten (10) of the units to Moderate Income Households pursuant to the applicable income and affordability provisions contained herein. The Developer further covenants and agrees that the above -referenced occupancy and affordability requirements shall bind and be enforceable against the Site for the period of a minimum of thirty (30) years commencing with the acquisition of the Site by the Developer with the simultaneous recording of the Conditions, Covenants and Restrictions (Attachment No. 8). (a) "Affordable Rental Costs" shall mean that rent which shall not exceed the percentage of the gross income of the occupant person or household established by regulations of the United States Department of Housing and Urban Development which shall not be less than fifteen percent (15 %) of gross income nor exceed thirty percent (30%) of gross income, adjusted for family size and a utility allowance. (b) "Low Income Household" shall mean a household earning not greater than eighty percent (80 %) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time, as set forth in Health and Safety Code Section 50105. (c) "Moderate Income Household" shall mean a household earning not greater than one hundred and twenty percent (120%) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time, as set forth in Health and Safety Code Section 50105. 1.37 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 27 B. [402] Uses In Accordance with Redevelopment Plan Nondiscrimination The Developer covenants and agrees for itself, its successors, its assigns, and every successor in interest to the Site or any part thereof that the Developer and such successors and assignees, shall devote the Site to the uses specified in the Redevelopment Plan, the Grant Deed (Attachment No. 5), the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8) and this Agreement for the periods of time specified therein. The foregoing covenants shall run with the land. The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Developer itself or any person claiming under or though it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site. The foregoing covenants shall run with the land. The Developer shall refrain from restricting the rental, sale or lease of the property on the basis of race, color, creed, religion, sex, marital status, national origin or ancestry of any person. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 1. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or though him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." 2. In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: "There shall be no discrimination against or segregation or any person or group of persons or account of race, color, creed, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 28139 discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." 3. In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises." The covenants established in this Agreement and the deeds of conveyance for the Site shall, without regard to technical classification and designation, be binding for the benefit and in favor of the Agency, its successors and assigns, the City and any successor in interest to the Site, together with any property acquired by the Developer pursuant to this Agreement, or any part thereof. The covenants against racial discrimination shall remain in effect in perpetuity. C. [403] Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction The Agency is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own rights and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. The Agreement and the covenants shall run in favor of the Agency, without regard to whether the Agency has been, remains, or is an owner of any land or interest therein in the Site or in the Project Area. The Agency shall have the right, if this Agreement or covenants are breached, to exercise all rights and remedies, and to maintain any actions or suites at law or in equity or other property proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. D. [404] Maintenance of the Site The Developer shall maintain the Improvements on the Site in conformity with the La Quinta Municipal Code and the requirements of the Declaration of Conditions, Covenants and Restrictions (Attachment No. 8), and shall keep the Site free from any accumulation of debris or waste materials. The Developer shall also maintain the landscaping required to be planted under the Scope of Development (Attachment No. 3) in a healthy and attractive condition. If, at any time, Developer fails to maintain the Site or any portion thereof, and said condition is not 139 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 29 ti corrected as soon as reasonably possible after written notice from the Agency, either the Agency or the City may perform the necessary maintenance and Developer shall pay such costs as are reasonably incurred for such maintenance. V. [500] DEFAULTS AND REMEDIES A. [501] Defaults - General Subject to the extensions of time set forth in Section 603, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. A party claiming a default shall give written notice of default to the other party, specifying the default complained of and the actions required to correct such default. Except as otherwise expressly provided in Sections 508 and 509 of this Agreement, the claimant shall not institute proceedings against the other party if the other party within thirty (30) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy as soon as reasonably practicable after receipt of such notice. B. [502] Legal Actions [503] Institution of Legal Actions In addition to any other rights or remedies and subject to the restrictions in Section 501, either party may institute legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any default, to recover damages for any default, or to obtain any other legal or equitable remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, in an appropriate municipal court in that county, or in the Federal District Court in the Central District of California. 2. [504] Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 3. [505] Acceptance of Service of Process In the event that any legal action is commenced by the Developer against the Agency, service of process on the Agency shall be made by personal service upon the Executive Director or in such other manner as may be provided by law. In the event that any legal action is commenced by the Agency against the Developer, service of process on the Developer shall be made by personal service upon any officer or director of the Developer and shall be valid whether made with in or without the State of California or in such other manner as may be provided by law. �No CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 30 C. [506] Rights and Remedies Are Cumulative Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such.rights or remedies shall not preclude the exercise by it at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. [507] Inaction Not a Waiver of Default Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. E. [508] Remedies 1. [509] Damages If either party defaults with regard to any of the provisions of this Agreement, the non -defaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured or commenced to be cured by the defaulting party within thirty (30) days after service of the notice of default (or within such other period as is set forth herein), the defaulting party shall be liable to the other party for any damages caused by such default. 2. [510] Specific Performance If either party defaults under any of the provisions of this Agreement, the non - defaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured and/or commenced to be cured by the defaulting party within thirty (30) days of service of the notice of default, or such other time limit as may be set forth herein with respect to such default, the non -defaulting party as its option may thereafter (but not before) commence an action for specific performance of terms of this Agreement. VI. [600] GENERAL PROVISIONS A. [601 ] Notices. Demands and Communications Between Parties Written notices, demands and communications between the Agency and the Developer shall be sufficiently given if delivered by hand or dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the Agency and the Developer at the addresses specified in Section 106 and 107, respectively. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail as provided in this Section 601. 141 n .�J` CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 31 Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the tenth (10th) day from the date it is postmarked if delivered by registered or certified mail. B. [602] Conflicts of Interest No member, official or employee of the Agency shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of the Agency shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Agency, or for any amount which may become due to the Developer or successor or on any obligations under the terms of this Agreement. C. [603] Enforced Delay-. Extension of Times of Performance In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default, and all performance and other date specified in this Agreement shall be extended, where delays or defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor; subcontractor or supplier; acts or omissions of the other party; acts or failures to act of the City of La Quinta as the Agency or any other public or governmental agency or entity (other than the acts or failures to act of the Agency which shall not excuse performance by the Agency); or any other causes beyond the control or without the default of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within thirty (30) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Agency and Developer. Notwithstanding the foregoing portion of this Section 603, the Developer is not entitled pursuant to this Section 603 to an extension of time to perform because of past, present, or future difficulty in obtaining suitable construction financing for the development of the Site or because of the physical condition or suitability of the Site for the purposes of this Agreement. D. [604] Non -Liability of Officials and Employees of the Agency and the Developer No member, official or employee of the Agency or the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the 142 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 32 SJ Agency or the City or for any amount which may become due to the Developer or its successors, or on any obligations under the terms of this Agreement. No officer, director or employee of the Developer shall be personally liable to the Agency or the City, or any successor in interest, in the event or breach by the Developer. E. [605] Entire Agreement, Waivers This Agreement is executed in three (3) duplicate originals, each of which is deemed to be an original. This Agreement includes pages 1 through 36 and Attachment Nos. 1 through 11, which constitutes the entire understanding and agreement of the parties. Each of the foregoing Attachments are incorporated herein by reference. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject .matter hereof. All waivers of the provisions of this Agreement must be in writing by the appropriate authorities of the Agency and the Developer, and all amendments hereto must be in writing by the appropriate authorities of the Agency and the Developer. In any circumstance where under this Agreement either party is required to approve or disapprove any matter, approval shall not be unreasonably withheld. F. [606] Amendments to this Agreement The Developer and the Agency agree to mutually consider reasonable requests for amendments to this Agreement which may be made by any of the parties hereto, lending institutions, or bond counsel or financial consultants to the Agency, provided such requests are consistent with this Agreement and would not substantially alter the basic business terms included herein. For purposes of this paragraph the Agency's Executive Director shall have the authority to approve such an amendment. VII. [700] TIME FOR ACCEPTANCE OF AGREEMENT BY AGENCY This Agreement, when executed by the Developer and delivered to the Agency, must be authorized, executed and delivered by the Agency on or before , 1999, or this Agreement shall be void, except to the extent that the Developer shall consent in writing to a further extension of time for the authorization, execution and delivery of this Agreement. The date of this Agreement shall be the date when it shall have been signed by the Agency. CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartmentsmpd 143 33 �O IN WITNESS WHEREOF, the Agency and the Developer have signed this Agreement on the respective dates set forth below. Dated: ATTEST: SAUNDRA L. JUHOLA, Agency Secretary City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, Agency Counsel City of La Quinta, California Dated: LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic By: Its: RON PERKINS, Chairman THE SPANOS CORPORATION a California corporation By: Its: CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 34 ATTACHMENT NO. 1 THE SITE 48TH AVENUE 145 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 35 ATTACHMENT NO. 2 LEGAL DESCRIPTION OF PROPERTY LEGAL DESCRIPTION IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, THAT PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE - QUARTER OF SECTION 29; THENCE NORTH 000 20' 08" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 51' 38" EAST A DISTANCE OF 1115.00 FEET; THENCE SOUTH 000 20' 08" EAST PARALLEL WITH SAID WESTERLY LINE A DISTANCE OF 580.00 FEET; THENCE NORTH 890 51' 38" WEST A DISTANCE OF 1115.00 FEET TO A POINT ON SAID WESTERLY LINE; THENCE NORTH 000 20' 08" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 580.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES OVER THE WESTERLY 55.00 FEET OF SAID DESCRIBED PARCEL. ALSO EXCEPTING THEREFROM AN EASEMENT FOR LANDSCAPE AND PEDESTRIAN PURPOSES OVER THE EASTERLY 20.00 OF THE WESTERLY 75.00 FEET OF SAID DESCRIBED PARCEL. SUBJECT TO EXISTING EASEMENTS OF RECORD. COMPRISING 14.845 ACRES OF GROSS AREA, 13.847 ACRES OF NET AREA, MORE OR LESS. lANO v CHARI[3 P. mAf/�Ni1� vjp� �F•h//44.0 $$a41w0o _ ATTACHMENT 3 SCOPE OF DEVELOPMENT GENERAL SUMMARY This document outlines general requirements for all improvements to the project Site, including on -Site and off -Site public improvements. Detailed requirements will be addressed in the development review process and approval of specific construction plans and related documents. II. DEVELOPMENT CONCEPT The development concept is to construct approximately 200 rental apartments with ten units affordable to low and ten units affordable to moderate incomes. The 14.2 acre Site (hereinafter "Site") is located south of State Highway 111 at Adams Street approximately 400 feet north of 48th Avenue. The Developer and Agency agree that the Site shall be developed and improved by the Developer in accordance with the provision of this agreement, subject to all applicable codes, ordinances, and statutes including requirements and procedures set forth in the La Quinta Municipal Code, and the Redevelopment Plan regulations adopted in conjunction with or subsequent to execution of this Agreement. III. SITE DESCRIPTION The proposed Site is 14.2 acres in size and is undeveloped. The Site as it currently exists has variable topography with sand dunes ranging in elevation from 1 to 10 feet in elevation with several sand hummocks. The Site is bordered to the north by commercial land use, and to the south and east by proposed Agency Affordable Housing Project and to the west existing single family residences. IV. ON -SITE DEVELOPMENT AND IMPROVEMENTS Developer shall, prepare a grading plan, scarify, overexcavate, cut, fill, compact, rough grade and fine grade, as required pursuant to a grading plan approved by the Director of Public Works, to create building pads, and appropriate rights of way configurations as necessary for construction of the project. Plans shall be prepared by a licensed civil engineer in good standing and subject to the approval of the Director of Public Work. Developer shall prepare or cause to be prepared Specific Plan 99-037 and Site Development Permit 99-650 which illustrates the Site, easements encumbering the Site, dedications and realignment of streets, if any. Developer shall grant and permit all necessary and appropriate utility easements and rights for the development of the Site, including but not limited to sanitary sewers, storm drains, water, electrical power, telecommunications, natural gas, cable, etc. 14 r� CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 37 V. PUBLIC IMPROVEMENTS The Developer shall be responsible for the installation of the necessary utility connections in the boundaries of the project Site between the improvements and the water, sanitary sewer, storm drain, electric, natural gas, telecommunications, cable television or other public utilities. The Developer shall secure any permits required for any such installation or installations. The Developer shall construct all required public improvements in accordance with the standards and specifications adopted by the city. The Developer shall be responsible for repairing any public improvements it damages during construction of the project. VI. DEVELOPMENT STANDARDS All development on the project Site shall conform with the development standards adopted as part of Specific Plan 99-037. , A. General Project Design All structures on the Site shall be designed and constructed to be consistent with the conceptual drawings prepared as part of the development proposal submitted by the Developer. B. Dwelling Unit Design The dwelling units range in size from a minimum of 792 square feet to a maximum of 1121 square feet and include at least two distinct floor plans. There shall be a mix of 72 one and 128 two bedrooms unites, ten of which are affordable to low and ten to moderate income groups. Each of the units shall have covered parking. C. Development Process The developer and its representatives, including its architect and engineer, shall work with the Agency and City Staff to develop and execute the architectural concept, architectural drawings, Site plan, specific plan, precise plan, grading plan, off -Site improvement plans, landscaping plans and related plans consistent with the conditions of approval adopted by the City and Agency and the applicable regulations contained in the La Quinta Municipal Code. 148 4 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 38 ATTACHMENT #4 SCHEDULE OF PERFORMANCE SENIOR RENTAL APARTMENTS 1. M Developer to submit to City, E Completed. Specific Plan and Site Development Permit Applications. 2. City approves, or approves subject August 3, 1999. to conditions, Specific Plan and Site Development Permit applications and and this Agreement. 3. City approves this Affordable August 3, 1999. Housing Agreement. 4. Developer receives access permit Within 30 days of approval of AHA by to stage and pre -water site. City and Agency. 5. Developer submits evidence of Prior to transfer of title to the Site. satisfaction of the AHA conditions precedent set forth in Section 202 and 212. 6. Grading Plan. Developer submits grading plan to Within 120 days of approval of Affordable City. Housing Agreement. City provides correction comments Within 15 days of receipt of grading plan. to developer Developer completes corrections Within 30 days of receipt of City and resubmits to City. comments. City approves grading plan. Within 15 days of receipt of resubmittal. Developer submits approved grading plan and receives permit Within 30 days of receipt of approved from City. grading plan. 149 42 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 39 7. Construction Drawings Developer submits construction Within 150 days of receipt of approval of drawings to City. the Affordable Housing Agreement. City provides correction comments Within 45 days of receipt of construction to developer. drawings. Developer completes corrections Within 30 days of receipt of City and resubmits to City. comments. City approves construction drawings. Within 30 days of receipt of resubmittal. Developer submits approved Within 30 days of receipt of approved grading plan and receives permits. grading plan. 8. Developer shall obtain all Prior to commencement of the respective necessary permits for the improvement construction. construction of the improvements. 9. Developer shall commence grading Within 30 days of issuance of grading operations. permit. 10. Developer shall commence Within 6 months of issuance of building construction. permits. 11. Developer shall complete Within 30 months after approval of the construction of the Development Affordable Housing Agreement. 12. Upon completion of construction, Within 10 days after Agency receipt of Agency shall issue a Certificate of written request from Developer for Completion for the improvements or Certificate of Completion pursuant to shall provide Developer with a Section 315 of the AHA. written explanation of reasons why such a Certificate shall not be issued. 13. Developer receives complete bond Within 60 days of receipt of Certificate of exoneration from City and installs Completion. all final monuments. 150 43 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 40 ATTACHMENT NO. 5 FORM OF GRANT DEED RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The Spanos Corporation 3773 Howard Hughes Parkway, Suite 5905 Las Vegas, Nevada 89109. Attention: MAIL TAX STATEMENTS TO: Same as above. Assessor's Parcel Number: GRANT DEED This document is exempt from payment of a recording fee pursuant to Government Code Section 6103. LA QUINTA REDEVELOPMENT AGENCY By: Its: Executive Director FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned, LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic ("Grantor"), hereby grants to THE SPANOS CORPORATION., a California corporation ("Grantee"), that certain real property in the City of La Quinta, County of Riverside, State of California described in Exhibit "A" attached hereto and incorporated herein, together with any and all buildings and improvements located thereon (the "Property"). This Grant Deed is conditioned upon the affordability restrictions set out in Section 401 of the Affordable Housing Agreement for Apartments and the Declarations of Conditions, Covenants and Restrictions recording simultaneously herewith Date: LA QUINTA REDEVELOPMENT AGENCY, a public body corporate and politic By: 151 THOMAS P. GENOVESE Executive Director 44 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 41 State of California ) )SS. County of Riverside ) On before me, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Signature Printed name State of California County of Riverside Commissioner expires ) ss. On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Signature Printed name Commissioner expires 152 45 CAMy DocumentsMPDOMAgnnt-Spanos - AFA - Apartmentsmpd 42 ATTACHMENT NO. 6 FORM OF PROMISSORY NOTE SECURED BY DEED OF TRUST La Quinta, California August 3, 1999 On (the "Maturity Date"), for money advanced and value received, the undersigned (the "Promisor"), promises to pay to the La Quinta Redevelopment Agency (the "Holder"), or to order at 78-495 Calle Tampico, La Quinta, California 92253, or any other place designated in a writing submitted by Holder to Promisor, the principal sum of $217,723, with no interest on the principal amount; provided, however, that the payment of the principal sum shall be waived and the obligation deemed for all purposes fully satisfied after a time period of thirty (30) years and upon performance by Promisor of considerations and covenants provided in the Affordable Housing Agreement for Senior Apartments executed by and between the Promisor and the Holder, dated the same date as this Developer Note and executed concurrently herewith (the "Affordable Housing Agreement"), or upon termination of the Affordable Housing Agreement under its terms. Principal and interest payable under this Developer Promissory Note, if any, shall be paid in lawful money of the United States of America. There shall be no prepayment of this Developer Promissory Note. This Developer Promissory Note is secured by, among other things, the Deed of Trust and Security Agreement with Assignment of Rents and Agreements dated the same date as this Developer Promissory Note, executed by Promisor, as trustor, in favor of Holder, as beneficiary (the "Deed of Trust"), and encumbering the fee interest in the real property described in the Deed of Trust (the "Land"). The Holder will be entitled to the benefits of the security provided by the Deed of Trust and will have the right to enforce the covenants and agreements of Promisor contained in the Deed of Trust and the Affordable Housing Agreement. If: a. Promisor fails to pay when due any sums payable under this Developer Promissory Note; or b. an Event of Default (as defined in the Deed of Trust) occurs; or C. a default under the Affordable Housing Agreement occurs which is not cured within the applicable cure period set forth therein; then Holder, at its sole option, shall have the right to declare all sums owing under this 153 Developer Promissory Note immediately due and payable. However, if any document related to this Developer Promissory Note (including, but not limited to, the Affordable CAMy Documents\WPDOCS\Agnnt-Spanos - AFA - Apartmentsmpd 4346 Housing Agreement) provides for the automatic acceleration of payment of sums owing under this Developer Promissory Note, all sums owing shall be automatically due in accordance with the terms of that document. Promisor shall pay to Holder all sums owing under this Developer Promissory Note, if not waived, without deduction, offset, or counterclaim of any kind. The advance of money evidenced by this Developer Promissory Note and secured by the Deed of Trust shall in no manner make Holder the partner or joint venturer of Promisor. If any attorney is engaged by Holder to enforce or construe any provision of this Developer Promissory Note, the Deed of Trust, the Affordable Housing Agreement or any other Security Documents (as defined in the Deed of Trust) or as a consequence of,any Event of Default, with or without the filing of any legal action or proceeding, then Promisor shall immediately pay to Holder on demand all reasonable attorney fees and other costs incurred by Holder, together with interest. No previous waiver or failure or delay by Holder in acting with respect to the terms of this Developer Promissory Note, the Deed of Trust or the Affordable Housing Agreement shall constitute a waiver of any breach, default, or failure of condition under this Developer Promissory Note, the Deed of Trust or the Affordable Housing Agreement. A waiver of any term of this Developer Promissory Note, the Deed of Trust or the Affordable Housing Agreement must be made in writing and shall be limited to the express written terms of the waiver. -If there are any inconsistencies between the terms of this Developer Promissory Note and the terms of the Deed of Trust or the Affordable Housing Agreement, the terms of this Developer Promissory Note shall prevail. All notice required or permitted in connection with this Developer Promissory Note shall be in writing and shall be given at the place and in the manner provided in the Deed of Trust for the giving of notices. If this Developer Promissory Note is executed by more than one person or entity as Promisor, the obligations of each person or entity shall be joint and several. No person or entity shall be a mere accommodation maker, but each shall be primarily and directly liable. Promisor waives presentment; demand; notice of dishonor; notice of default or delinquency; notice of acceleration; notice of protest and nonpayment; notice of costs, expenses, or losses and interest; notice of interest on interest and late charges; and diligence in taking any action to collect any sums owing under this Developer Promissory Note or in proceeding against any of the rights or interests to properties securing payment of this Developer Promissory Note. Time is of the essence with respect to every provision of this Developer Promissory Note. This Developer Promissory Note shall be construed and enforced in accordance with the laws of the State of California, except to the extent that Federal law preempts state law, and all persons and entities in any manner obligated under this Developer Promissory Note consent to the jurisdiction of any Federal or State Court within California having proper venue and also consent to service of process by any means authorized by California or Federal law. 154 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 44 4 7 Promisor shall not be personally liable for the payment of the indebtedness or any obligations evidenced by this Developer Promissory Note or the Affordable Housing Agreement, and any judgment or decree in any action brought to enforce the obligation of Promisor to pay the indebtedness shall be enforceable against Promisor and the partners of the Promisor, if any, only to the extent of Promisor's interest in the Land and any other collateral pledged, encumbered, or otherwise covered by the Deed of Trust. Any judgment or decree shall not be subject to execution, or be a lien, on the assets of Promisor and the partners of the Promisor, if any, other than Promisor's interest in the Land and any other collateral pledged, encumbered, or otherwise covered by the Deed of Trust. Nothing in the preceding paragraph shall affect or limit the rights of Holder to enforce any of Holder's rights or remedies with respect to any portion of the Land or any other collateral pledged, encumbered, or otherwise covered by the Deed of Trust. THE SPANOS CORPORATION, a California corporation By: Its: CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 15 r� 45 43 ATTACHMENT NO. 7 DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: LA QUINTA REDEVELOPMENT AGENCY ) 78-495 Calle Tampico ) La Quinta, California 92253 ) Attention: Executive Director ) Assessor's Parcel # Space Above For Recorder This Agreement is recorded at the request and for the benefit of the Agency and is exempt from the payment of a recording fee pursuant to Government Code Section 6103. LA QUINTA REDEVELOPMENT AGENCY By: Its: Executive Director Dated: August 3, 1999 DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS NOTICE: THIS DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS CONTAINS A SUBORDINATION CLAUSE WHICH MAY RESULT IN YOUR SECURITY INTEREST IN THE LAND BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT 1.56 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 46 49 TABLE OF CONTENTS ARTICLE 1. Page DEFINITIONS....................................................... 2 Section 1.1 Certain Defined Terms ................................ 2 ARTICLE 2. WARRANTY OF TITLE ............................................... 4 ARTICLE 3. REPRESENTATIONS AND WARRANTIES ................................ 4 Section 3.1 Organization of the Trustor ............................. 5 Section 3.2 Validity of Security Documents .......................... 5 Section 3.3 Representations to Beneficiary .......................... 5 Section 3.4 Use of Proceeds of Loan .............................. 6 Section 3.5 Other Arrangements .................................. 6 Section 3.6 Litigation ........................................... 6 Section 3.7 Other Warranties .................................... 6 Section 3.8 Compliance with Laws ................................ 7 ARTICLE 4. AFFIRMATIVE COVENANTS ........................................... 7 Section 4.1 Obligations of Trustor................................. 7 Section 4.2 Insurance .......................................... 8 Section 4.3 Maintenance, Waste, and Repair ........................ 8 Section 4.4 Impositions ......................................... 8 Section 4.5 Compliance with Law ................................. 8 Section 4.6 Books and Records .................................. 9 Section 4.7 Further Assurances .................................. 9 Section 4.8 Statement by Trustor................................. 9 Section 4.9 Indemnity .......................................... 9 Section 4.10 Reimbursement ..................................... 10 Section 4.11 Litigation ........................................... 10 Section 4.12 Tax Receipts ....................................... 10 Section 4.13 Additional Information ................................. 10 Section 4.14 Right of Entry ....................................... 10 ARTICLE 5. NEGATIVE COVENANTS ............................................ 11 Section 5.1 Restrictive Uses ..................................... 11 Section 5.2 Subordination to Other Financing ........................ 11 Section 5.3 Transferability ....................................... 11 157 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 47 50 ARTICLE 6. ENVIRONMENTAL PROVISIONS ....................................... 12 Section 6.1 Warranties and Covenants ............................. 12 Section 6.2 Inspection and Receivership Rights ...................... 14 Section 6.3 Release and Indemnity ................................ 15 Section 6.4 Request for Information ............................... 15 ARTICLE 7. CASUALTIES AND CONDEMNATION ................................... 16 Section 7.1 Casualties .......................................... 16 Section 7.2 Condemnation ...................................... 16 ARTICLE 8. EVENTS OF DEFAULT AND REMEDIES ................................. 17 Section 8.1 Events of Default .................................... 17 Section 8.2 Power of Sale ....................................... 18 Section 8.3 Proof of Default ..................................... 19 Section 8.4 Protection of Security ................................. 19 Section 8.5 Receiver ........................................... 20 Section 8.6 Curing the Defaults ................................... 20 Section 8.7 Inspection Rights .................................... 21 Section 8.8 Judgment on Environmental Provision .................... 21 Section 8.9 Waive Lien ......................................... 21 Section 8.10 Remedies Cumulative ................................ 22 I_l iiEel 4:'j SECURITY AGREEMENT ............................................. 22 Section 9.1 Security Interest ..................................... 22 Section 9.2 Remedies .......................................... 22 Section 9.3 Expenses ........................................... 23 Section 9.4 Assignment of Agreements ............................ 23 ASSIGNMENT OF LEASES AND RENTS ................................. 24 Section 10.1 Assignment ......................................... 24 Section10.2 License ............................................ 24 Section 10.3 Effect of Assignment ................................. 24 Section 10.4 Leasing Covenants ................................... 25 Section 10.5 Application of Rents .................................. 25 Section 10.6 Remedies .......................................... 26 Section 10.7 Definitions .......................................... 26 ARTICLE 11. MISCELLANEOUS................................................... 26 Section 11.1 Successor Trustee ................................... 26 Section 11.2 No Waiver .......................................... 26159 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 48 51 Section 11.3 Abandonment ...................................... . Section 11.4 Notices ............................................ Section 11.5 Survival ............................................ Section 11.6 Severability......................................... Section 11.7 References to Foreclosure ............................. Section 11.8 Joinder of Foreclosure ................................ Section 11.9 Rights of Beneficiary and Trustee ....................... Section 11.10 Copies ....................................... Section 11.11 Subordination to Contracts of Sale and Leases ....... Section 11.13 Performance by Trustor .......................... Section 11.14 Junior Liens ................................... Section 11.15 Waiver of Statute of Limitations .................... Section 11.16 Charges for Statements .......................... Section 11.17 Waiver of Marshaling Rights ...................... Section 11.18 Acceptance of Trust; Powers and Duties of Trustee .... Section 11.19 Releases, Extensions, Modifications, and Additional Security...................................... Section11.20 Reconveyance................................. Section 11.21 Subrogation ................................... Section 11.22 Obligations of Trustor Joint and Several ............. Section 11.23 Rules of Construction ........................... Section 11.24 Successors in Interest ........................... Section11.25 No Offset ..................................... Section 11.26 Governing Law ................................. Section 11.27 Partial Reconveyances .......................... 27 27 27 28 28 28 28 29 29 29 30 30 30 30 30 31 31 32 32 32 32 32 32 32 151 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 49 52 DEED OF TRUST AND SECURITY AGREEMENT, WITH ASSIGNMENT OF RENTS AND AGREEMENTS This Deed of Trust, Security Agreement, and Fixture Filing with Assignment of Rents and Agreements (the "Deed of Trust") is made as of August 3, 1999, by THE SPANOS CORPORATION., a California corporation (the "Trustor"), to First American Title Insurance Company (the "Trustee"), for the benefit of the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic ("Beneficiary"). WITNESSETH: Trustor does irrevocably grant, transfer, and assign to Trustee, in trust, with power of sale, all Trustor's right, title, and interest now owned or later acquired in the fee interest in the real property (the "Land") located in the City of La Quinta, County of Riverside, California, and more particularly described in attached Exhibit A, attached hereto and incorporated herein by reference (Trustor agrees that any greater title to the Land later acquired during the term of this Deed of Trust will be subject to this Deed of Trust),together with the rents, issues, and profits, subject however, to the right, power, and authority granted and conferred on Trustor in this Deed of Trust to collect and apply the rents, issues, and profits; and Trustor also irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all of Trustor's right, title, and interest now owned or later acquired to the following property (including the rights or interests pertaining to the property) located on the Land: (1) all appurtenances, easements, water and water rights, and pumps and pumping plants, and all shares of stock evidencing these; all of these items, whether now or later acquired, being declared to be for all purposes of this Deed of Trust a part of the Land, the specific enumerations in this Deed of Trust not excluding the general; above. (2) the rents, issues, profits, and proceeds thereof; and (3) the Land to the extent any fee interest is not included in clauses (1) and (2) For the purpose of securing, in the order of priority that Beneficiary determines (1) repayment of moneys advanced by the Beneficiary to the Trustor (the "Loan") as evidenced by a Developer Promissory Note of Trustor of the same date as this Deed of Trust in the principal amount of Six Million Seven Hundred and Thirteen Thousand and Four Hundred and Sixteen Dollars ($217,723) (the "Developer Note"), a copy of which is incorporated herein by reference and attached hereto as Exhibit B, payable to Beneficiary or to order, and all extensions, modifications, or renewals of that Developer Note; (2) payment of all sums, if any, due on the Loan according to the terms of the Developer Note; 160 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 5 o 53 (3) payment of all other sums (with interest as provided in this Deed of Trust) becoming due and payable to Beneficiary or Trustee pursuant to the terms of this Deed of Trust; and (4) performance of every obligation contained in this Deed of Trust, the Developer Note, the Affordable Housing Agreement of the same date as this Deed of Trust entered into by and between the Trustor and the Beneficiary (the "Affordable Housing Agreement"), and any agreements, supplemental agreements, or other instruments of security executed by Trustor as of the same date of this Deed of Trust for the purpose of further securing any obligation secured by this Deed of Trust, or any part of it, or for the purpose of supplementing or amending this Deed of Trust or any instrument secured by this Deed of Trust. ARTICLE 1. DEFINITIONS Section 1.1 Certain Defined Terms. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. Collateral: The Collateral as defined in Section 9.1 of this Deed of Trust. Default Rate: The maximum rate of interest authorized under the laws of the State of California. Event of Default: Any of the events of default listed under Section 8.1 herein. Loan: The principal and all other amounts, payments, and premiums due, if not waived, under the Developer Note and any extensions or renewals (including, without limitation, extensions or renewals at a different rate of interest, regardless of whether evidenced by a new or additional promissory note or notes as agreed to in writing by Trustor), and all other indebtedness or obligations of Trustor to Beneficiary under or secured by this Deed of Trust. Hazardous Materials: The meaning set forth in Section 214(5) of the Affordable Housing Agreement. Hazardous Materials Claim: Any enforcement, cleanup, removal, remedial, or other governmental, regulatory, or private actions, agreements, or orders threatened, instituted, or completed pursuant to any Hazardous Materials Law, together with all claims made by any third party against Trustor or the Land relating to damage, contribution, cost -recovery compensation, loss, or injury resulting from the presence, release, or discharge of any Hazardous Materials. 161. CAMy Documents\WPDOCS\Agnnt-Spanos - AFA - Apartmentsmpd 51 54 Hazardous Materials Law: Those federal, state, or local laws set forth in Section 214(5) of the Affordable Housing Agreement. Impositions: All real estate and personal property taxes and other taxes and assessments, water and sewer rates and charges, and all other governmental charges and any interest or costs or penalties with respect to those charges, assessments, or taxes, ground rent and charges for any easement or agreement maintained for the benefit of the Land, general and special, that at any time prior to or after the execution of the Enforcement Documents may be assessed, levied, imposed, or become a lien on the Land or the rent or income received from the Land, or any use or occupancy of the Land; and any charges, expenses, payments, or assessments of any nature, if any, that are or may become a lien on the Land or the rent or income received from the Land. Improvements: All buildings, improvements, and appurtenances on the Land, and all improvements, additions, and replacements of those improvements and other buildings and improvements, at any time later constructed or placed on the Land. Land: The real property as located in the City of La Quinta, Riverside County, California and more particularly described in attached Exhibit A and any fee interest now owned or later acquired in such property, together with all rights, privileges, hereditaments, tenements, rights of way, easements and appurtenances of the land. Material Adverse Change: Any material and adverse change in: (i) the business or properties or condition (financial or otherwise) of Trustor; or (ii) the condition or maintenance of the Land. Obligations: All of the covenants, promises, and other obligations (other than the Loan) made or owing by Trustor to or due to Beneficiary under or as set forth in the Deed of Trust. Person: Any natural person, corporation, firm, association, government, governmental agency, or any other entity, whether acting in an individual, fiduciary, or other capacity. Personalty: Trustor's interest, if any, in all accounts, contract rights, and general intangibles (specifically including any insurance proceeds and condemnation awards) arising out of the ownership and maintenance of the Land. Project: The land and the apartment project known as the AVENTINE. Receiver: Any trustee, receiver, custodian, fiscal agent, liquidator, or similar officer. In CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 52 55 Release: Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including continuing migration, of Hazardous Substances that goes into the soil, surface water, or groundwater of the Land, whether or not caused by, contributed to, permitted by, acquiesced to, or known to Trustor. Security Documents: This Deed of Trust and all other documents now or later securing any part of the payment of the Loan or the observance or performance of the Obligations. Title Policy: The title insurance policy issued by First American Title Insurance Company to Beneficiary. Trustor: Collectively, Trustor or any obligor under the Developer Note and the Affordable Housing Agreement, together with their respective affiliates and their respective employees, representatives, and agents. ARTICLE 2. WARRANTY OF TITLE Trustor warrants that: (a.) Trustor is the lawful owner of the Land; (b.) Trustor shall maintain and preserve the lien of this Deed of Trust until the Loan has been paid in full or has been waived by the Beneficiary under the provisions of the Developer Note; (c.) Trustor has good, right, and lawful authority to grant the Land as provided in this Deed of Trust; and (d.) Trustor will forever warrant and defend the grant made in this Deed of Trust against all claims and demands, except as are specifically set forth in this Deed of Trust. ARTICLE 3. REPRESENTATIONS AND WARRANTIES Trustor represents and warrants to Beneficiary that as of the date of this Deed of Trust: Section 3.1 Organization of the Trustor. (a.) Trustor is a duly organized corporation, validly existing, and in good standing under the laws of the State of California and is qualified to do business in California. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 53 163 56 (b.) Trustor has the requisite power and authority to own and maintain its properties, to carry on its business as now being conducted, and to own, maintain and lease the Land. Section 3.2 Validity of Security Documents. (a.) The execution, delivery, and performance by the Trustor of the Security Documents and the borrowings evidenced by the Developer Note: (i) are within the power of the Trustor; (ii) have been duly authorized by all requisite corporate or partnership actions, as appropriate; (iii) have received all necessary governmental approval; and (iv) will not violate any provision of law, any order of any court or agency of government, the charter documents of the Trustor, or any indenture, agreement, or any other instrument to which the Trustor is a party or by which the Trustor or any of its property is bound, nor will they conflict with, result in a breach of, or constitute (with due notice and lapse of time) a default under any indenture, agreement, or other instrument, or result in the creation or imposition of any lien, charge, or encumbrance of any nature on any of the property or assets of the Trustor, except as contemplated by the provisions of the Security Documents. (b.) Each of the Security Documents, when executed and delivered to Beneficiary, will constitute a valid obligation, enforceable in accordance with its terms. Section 3.3 Representations to Beneficiary. (a.) All financial statements, reports, papers, data, and information given to Beneficiary with respect to Trustor, and the Land and with respect to the Trustor's ability to own and maintain the Land in accordance with the Affordable Housing Agreement are: (i) accurate and correct in all material respects and complete insofar as completeness may be necessary to give Beneficiary a true and accurate knowledge of the subject matter; (ii) accurately in all material respects present the results of the operations of the Trustor for the periods for which they have been furnished; and (iii) in regards to financial statements, have been prepared in accordance with generally accepted accounting principles consistently applied throughout the periods covered. 164 5'7 CAMy Documents\WPDOCS\Agnnt-Spanos - AFA - Apartments.wpd 54 (b.) All information and financial statements with respect to the Trustor furnished to Beneficiary disclose all liabilities of the Trustor, fixed and contingent, as of their respective dates. Section 3.4 Use of Proceeds of Loan. Trustor will use the funds or the Land advanced pursuant to the Developer Note for the purposes set forth in the Affordable Housing Agreement. Section 3.5 Other Arrangements. Trustor is not a party to any agreement or instrument materially and adversely affecting Trustor's present or proposed business, properties, assets, operation, or condition, financial or otherwise; and Trustor is not in default in the performance, observance, or fulfillment of any of the material obligations, covenants, or conditions in any agreement or instrument to which Trustor is a party that materially and adversely affect Trustor's present or proposed business, properties, assets, operation, or condition, financial or otherwise. Section 3.6 Litigation. There is not now pending against Trustor, nor to the knowledge of the Trustor is there threatened, any action, suit, or proceeding at law or in equity or before any administrative agency that, if adversely determined, would materially impair or affect: (a.) the financial condition or the ability of the Trustor necessary to operate and maintain and sell the Land and Restricted Units in accordance with the Affordable Housing Agreement: or (b.) the condition of the Land. Section 3.7 Other Warranties. (a.) The Land is used principally or primarily for purposes designated in the Affordable Housing Agreement; (b.) Trustor is engaged in the development, operation and sale of the Improvements; and (c.) the principal purpose of the Loan is to induce, cause and assist the development, construction and sale of housing on the Land at affordable costs for moderate income households in a number of units and for a duration beyond that required by State of California and federal law. . 165 C:\My Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 55 Section 3.8 Compliance with Laws. Except as otherwise provided in this Deed of Trust, the Land and the proposed and actual use of the Land comply in all material respects with all laws, ordinances, rules, and regulations of all local, regional, county, state, and federal governmental authorities having jurisdiction (including, but not limited to, the Americans With Disabilities Act), and there is no action or proceeding pending or, to the knowledge of Trustor after due inquiry, threatened before any court, quasi-judicial body, or administrative agency at the time of any disbursement by Beneficiary relating to the validity of the Loan or the proposed or actual use of the Land. . ARTICLE 4. AFFIRMATIVE COVENANTS Until the entire Loan has been paid in full or waived, Trustor covenants to and agrees with Beneficiary as follows: Section 4.1 Obligations of Trustor. Subject to the provisions set forth in the Developer Note, Trustor will pay the Loan and Trustor will continue to be liable for the payment of the Loan until it has been paid in full or until repayment has been waived or forgiven by the Beneficiary under the terms of the Developer Note. Trustor (a) will timely perform all the covenants, agreements, terms, and conditions to be performed by Trustor: (i) under this Deed of Trust and the Affordable Housing Agreement; (ii) as seller under each contract of sale of, for which a contract of sale has been approved in writing by Beneficiary; (iii) as required of Trustor under each document and agreement constituting one of the Security Documents; and (iv) under all other agreements between Trustor and Beneficiary in accordance with the respective terms of the agreement; and (b) will not cancel, surrender, modify, amend, or permit the cancellation, surrender, modification, or amendment of any of the previously mentioned agreements or any of the covenants, agreements, terms, or conditions contained in any of them, except in the ordinary course of Trustor's business, without the prior written consent, in each case, of Beneficiary which consent shall not be unreasonably withheld. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 160 S 56 59 Section 4.2 Insurance. (a.) Trustor, at its sole cost and expense, will obtain and maintain or shall cause to be obtained and maintained public liability insurance covering the Land and the ownership, use, occupancy, and maintenance of the Land and the Project in accordance with the Affordable Housing Agreement. (b.) Trustor, at its sole cost and expense, but for the mutual benefit of Trustor and Beneficiary, will maintain during the term of this Deed of Trust other insurance, and in any amounts, as may from time to time be reasonably required by Beneficiary against other insurable risks. (c.) Effective on the occurrence of any Event of Default, all of Trustor's right, title, and interest in allt policies of property insurance and any unearned premiums paid are assigned to Beneficiary, who may assign them to any purchaser of the Land at any foreclosure sale. Section 4.3 Maintenance. Waste. and Repair. Trustor will maintain the Land now or later existing in good and tenantable repair, and will not structurally alter any Improvements located thereon without the prior written consent of Beneficiary, or remove or demolish them in whole or in part, nor will Trustor suffer any waste of the Land or make any change in the use of the Land that will in any way impair the security of this Deed of Trust. Trustor will not abandon the Land or leave the Land unprotected, vacant, or deserted. Section 4.4 Impositions. Trustor will pay prior to delinquency all Impositions that are or that may become a lien on the Land or are assessed against the Land or its rents, royalties, profits, and income. Section 4.5 Compliance with Law. Trustor will preserve and keep in full force its existence, rights, and powers. Trustor will promptly and faithfully comply with all present and future laws, ordinances, rules, regulations, and requirements of every governmental authority or agency and of every board of fire underwriters (or similar body exercising similar functions) having jurisdiction that may be applicable to it or to the Land or to the use or manner of occupancy, possession, operation, maintenance, alteration, or repair of the Land or any part of it. Section 4.6 Books and Records Trustor will maintain complete books of account and other records reflecting the results of Trustor's operations maintenance and lease of the Land, in a form satisfactory to Beneficiary, and furnish to Beneficiary any information about the financial condition of 1� CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartmentsmpd 5760 Trustor, and the sales and maintenance of the Land as Beneficiary reasonably requests, including, but not limited to, copies of any reports by independent public accountants submitted to Trustor concerning the Land. Beneficiary will have the right, at all reasonable times and on reasonable notice, to audit, at Trustor's sole cost and expense, Trustor's books of account and records relating to the Land, all of which will be made available to Beneficiary and Beneficiary's representatives for that purpose, from time to time, on Beneficiary's request. Section 4.7 Further Assurances. Trustor, at Trustor's expense and at any time on the reasonable request of Beneficiary, will execute, acknowledge, and deliver any additional papers and instruments and any further assurances of title and will do or cause to be done all further acts and things that may be proper or reasonably necessary to carry out the purpose of this Deed of Trust and to subject to the liens any property intended by the terms to be covered and any renewals, additions, substitutions, replacements, or betterments. Section 4.8 Statement by Trustor. Trustor, on ten (10) days' written request, will furnish a statement of the amount due or outstanding on the Developer Note and a statement of any offsets, counterclaims, or defenses to the payment. Section 4.9 Indemni . (a) If any action or proceeding (whether judicial, regulatory, or administrative) is threatened or commenced, except an action to foreclose this Deed of Trust or to collect the Loan: (i) that affects the Land or any portion of it; (ii) for which Beneficiary is a party; or (iii) in which it becomes necessary to defend or uphold the lien of this Deed of Trust; then all reasonable costs, fees, and expenses incurred by Beneficiary with respect to the action or proceeding (including, without limitation, reasonable attorney fees and expenses) will, within thirty (30) days after the submission of bills for the costs to Trustor, be paid directly to the billing party by Trustor. (b) In addition, Trustor agrees to pay all costs, including, without limitation, reasonable attorney fees and expenses, incurred by Beneficiary in enforcing the terms of this Deed of Trust or the Affordable Housing Agreement. Trustor agrees to indemnify and CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 1-68 58 61 hold Beneficiary harmless from all liability, loss, damage, or expense (including, without limitation, reasonable attorney fees) that it may incur under this Deed of Trust, or in connection with the Loan secured by this Deed of Trust, the enforcement of any of Beneficiary's rights or remedies, any action taken by Beneficiary under this Deed of Trust, or by reason or in defense of any claims and demands that may be asserted against Beneficiary arising out of the Collateral, unless caused by the negligence or willful misconduct of Beneficiary. Section 4.10 Reimbursement. Beneficiary will have the right to declare immediately due any amount paid by it for any real property tax, stamp tax or assessment. Section 4.11 Liti a ion. Trustor will promptly give written notice to Beneficiary of any litigation commenced or threatened affecting Trustor or the Land other than unlawful detainer proceedings brought by Trustor. Section 4.12 Tax Receipts. Subject to the provisions of Section 4.4 of this Deed of Trust, Trustor will present to Beneficiary, within seven (7) days after written demand, bills (that will be receipted from and after the date receipted bills are obtainable) showing the payment to the extent then due of all taxes, assessments or any other Imposition that may have become a lien on the Land prior to the lien of this Deed of Trust. Section 4.13 Additional Information. Trustor will furnish to Beneficiary, within seven (7) days after written request, all information that Beneficiary may request concerning the performance by Trustor of the covenants of the Affordable Housing Agreement, and Trustor will permit Beneficiary or its representatives at all reasonable times to make investigation or examination concerning that performance. Section 4.14 Right of Entry. Trustor grants to Beneficiary and its agents, employees, consultants, and contractors the right to enter on the Land, subject to the rights of any tenants of the Project, for the purpose of making any inspections, reports, tests (including, without limitation, soils borings, groundwater testing, wells, or soils analysis), inquiries, and reviews that Beneficiary, in its sole and absolute discretion, deems necessary to assess the then current condition of the Land and compliance with the Affordable Housing Agreement. Beneficiary will provide Trustor with one (1) Business Day's notice of the entry. However, CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 5 9 Trustor's consent will not be required for entry or for the performance of tests. All costs, fees, and expenses (including, without limitation, those of Beneficiary's outside counsel and consultants) incurred by Beneficiary with respect to the inspections, reports, tests, inquiries, and reviews, together with all related preparation, consultation, analyses, and review, necessary for compliance with the Security Documents, will be paid by Trustor to Beneficiary on demand, will accrue interest at the Default Rate until paid, -and will be secured by this Deed of Trust, prior to any right' title, or interest in or claim on the Land attaching or accruing subsequent to the lien of this Deed of Trust or to which this Deed of Trust is not subordinated. ARTICLE 5. NEGATIVE COVENANTS Until the entire Loan has been paid in accordance with the terms of the Developer Note, Trustor covenants to and agrees with Beneficiary as follows: Section 5.1 Restrictive Uses. Trustor covenants not to initiate, join in, or consent to any change in any zoning ordinance, private restrictive covenant, assessment proceedings, or other public or private restriction inconsistent with the Affordable Housing Agreement. Section 5.2 Subordination to Other Financina. This Deed of Trust and all covenants, restrictions or regulatory agreements executed by Trustor in favor of Beneficiary in connection with the Land are expressly and shall be automatically subordinated to a deed of trust securing the repayment of construction financing for the development and construction of the Improvements. Trustor will not create or permit to continue in existence any mortgage, pledge, encumbrance, lien or charge of any kind on any of the Land except for: (a) liens for taxes not yet delinquent; and (b) any other liens or charges that are specifically approved in writing by .Beneficiary, including any deed of trust executed or to be executed by Trustor or Trustor's successor in interest and recorded in Riverside County, California, to secure a loan obtained for the purpose of the construction of any improvement on the Land contemplated by the Affordable Housing Agreement. Section 5.3 Transferability. One of the inducements to Beneficiary for making the Loan is the identity of Trustor. The existence of any interest in the Land other than the interests of Trustor and Beneficiary and any encumbrance permitted in this Deed of Trust, even though subordinate to the security interest of Beneficiary, and the existence of any interest in Trustor other than those of the present owners, would impair the Land and the security interest of Beneficiary, and, CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 60 63 therefore, Trustor will not sell, convey, assign, transfer, alienate, or otherwise dispose of its interest in the Land, either voluntarily or by operation of law, or agree to do so, except in accordance with the terms of the Affordable Housing Agreement. ARTICLE 6. ENVIRONMENTAL PROVISIONS Section 6.1 Warranties and Covenants. Except as disclosed in writing to, and acknowledged in writing by, the Beneficiary, Trustor represents and warrants that, to the best of Trustor's knowledge, except in the ordinary course of business, during the period of Trustor's ownership of the Land: (a) there has been no use, generation, manufacture, storage, treatment, disposal, discharge, Release, or threatened Release of any Hazardous Materials by any person on or around the Land; and (b) there have been no Hazardous Materials transported over or through the Land. Trustor agrees, except in the ordinary course of business and in strict compliance with all applicable Hazardous Materials Laws, as follows: (a) not to cause or permit the Land to be used as a site for the use, generation, manufacture, storage, treatment, Release, discharge, disposal, transportation, or presence of any Hazardous Materials; (b) not to cause, contribute to, permit, or acquiesce in any Release or threatened Release; (c) not to change or modify the use of the Land without the prior written consent of Beneficiary; (d) to comply with and to cause the Land and every User of the Land to comply with all Hazardous Materials Laws; (e) to immediately notify Beneficiary in writing and to provide Beneficiary with a reasonably detailed description of: (i) any noncompliance of the Land with any Hazardous Materials Laws; (ii) any Hazardous Materials Claim; (iii) any Release or threatened Release; and 171 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 61 G '1 (iv) the discovery of any occurrence or condition on any real property adjoining or in the vicinity of the Land that would cause the Land or any part of it to be designated as hazardous waste property or border zone property under the provisions of Health and Safety Code §§ 25220, et seq. and any regulation adopted in accordance with that section; (f) in the event that Trustor discovers a Release or the presence of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law, to: (i) notify Beneficiary of that discovery together with a reasonably detailed description; (ii) promptly after a request by Beneficiary, engage a qualified environmental engineer reasonably satisfactory to Beneficiary to investigate these matters and prepare and submit to Beneficiary a written report containing the findings and conclusions resulting from that investigation, all at the sole expense of Trustor; and (iii) take, at Trustor's sole expense, all necessary actions to remedy, repair, clean up, or detoxify any Release or Hazardous Materials, including, but not limited to, any remedial action required by any Hazardous Materials Laws or any judgment, consent, decree, settlement, or compromise in respect of any Hazardous Materials Claims, these actions to be performed: (A) in accordance with Hazardous Materials Laws; (B) in a good and proper manner, (C) under the supervision of a qualified environmental engineer approved in writing by Beneficiary; (D) in accordance with plans and specifications for these actions approved in writing by Beneficiary; and (E) using licensed and insured qualified contractors approved in writing by Beneficiary; (g) immediately furnish to Beneficiary copies of all written communications received by Trustor from any governmental authority or other person or given by Trustor to any person and any other information Beneficiary may reasonably request concerning any Release, threatened Release, Hazardous Materials Claim, or the discovery of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law; and (h) keep Beneficiary generally informed regarding any Release, threatened Release, Hazardous Materials Claim, or the discovery of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law. 79 w. C:\My DocumentslWPDOCS\Agnnt-Spanos - AFA - Apartments.wpd 62 J Section 6.2 Inspection and Receivership Rights. Upon Beneficiary's reasonable belief that Trustor has failed to comply with any environmental provision of this Deed of Trust and upon reasonable prior notice (except in the case of an emergency) to Trustor and subject to the rights of any lessee of the Ground Lease and tenants of the Project, Beneficiary or its representatives, employees, and agents, may from time to time and at all reasonable times (or at any time in the case of an emergency) enter and inspect the Land and every part of it (including all samples of building materials, soil, and groundwater, and all books, records, and files of Trustor relating to the Land) and perform those acts and things that Beneficiary deems necessary or desirable to inspect, investigate, assess, and protect security of this Deed of Trust, for the purpose of determining: (a) the existence, location, nature, and magnitude of any Release or threatened Release; (b) the presence of any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law; and (c) the compliance by Trustor of every environmental provision of this Deed of Trust. In furtherance of the purposes above, without limitation of any of its other rights, Beneficiary may: (i) obtain a court order to enforce Beneficiary's right to enter and inspect the Land under California Civil Code § 2929.5, to which the decision of Beneficiary as to whether there exists a Release, a threatened Release, any Hazardous Materials on or about the Land in violation of any Hazardous Materials Law, or a breach by Trustor of any environmental provision of this Deed of Trust, will be deemed reasonable and conclusive as between the parties; and (ii) have a receiver appointed under California Code of Civil Procedure § 564 to enforce Beneficiary's right to enter and inspect the Land for the purpose set forth above. All costs and expenses incurred by Beneficiary with respect to the audits, tests, inspections, and examinations that Beneficiary or its agents, representatives, or employees may conduct, including the fees of the engineers, laboratories, contractors, consultants, and attorneys, will be paid by Trustor. All costs or expenses incurred by Trustee and Beneficiary pursuant to this subsection (including without limitation court costs, consultant's fees, and attorney fees, whether incurred in litigation and whether before or after judgment) will bear interest at the Default Rate from the date they are incurred until those sums have been paid in full. Except as provided by law, any inspections or tests made by Beneficiary or its representatives, employees, and agents will be for Beneficiary's purposes only and will not be construed to create any responsibility or liability on the part of Beneficiary to 173 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 6 3 6 u Trustor or to any other person. Beneficiary will have the right, but not the obligation, to communicate with any governmental authority regarding any fact or reasonable belief of Beneficiary that constitutes or could constitute a breach of any of Trustor's obligations under any environmental provision contained in this Deed of Trust. Section 6.3 Release and Indemnity. Trustor: (a) releases and waives any future claims against Beneficiary for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any Hazardous Materials Laws or under any Hazardous Materials Claim, except as otherwise provided in Sections 214(3) and 214(4) of the Affordable Housing Agreement; (b) agrees to reimburse Beneficiary, on demand, for all costs and expenses incurred by Beneficiary in connection with any review, approval, consent, or inspection relating to the environmental provisions in this Deed of Trust together with interest, after demand, in accordance with Section 214(3) of the Affordable Housing Agreement; and (c) agrees to indemnify, defend, and hold Beneficiary and Trustee harmless from all losses, costs, claims, damages, penalties, liabilities, causes of action, judgments, court costs, attorney fees and other legal expenses, costs of evidence of title, cost of evidence of value, and other expenses as set forth in Section 214(3) of the Affordable Housing Agreement. Section 6.4 Request for Information. Trustor and Beneficiary agree that: (a) this Section 6.4 is intended as Beneficiary's written request for information and Trustor's written response concerning the environmental condition of the Land as provided by California Code of Civil Procedure § 726.5; and (b) each representation, warranty, covenant, or indemnity made by Trustor in this Article or in any other provision of this Deed of Trust that relates to the environmental condition of the Land is intended by Trustor and Beneficiary to be an environmental provision for purposes of California Code of Civil Procedure § 736 and will survive the payment of the Loan and the termination or expiration of this Deed of Trust will not be affected by Beneficiary's acquisition of any interest in the Land, whether by full credit bid at foreclosure, deed in lieu of that, or otherwise. If there is any transfer of any portion of Trustor's interest in the Land, any successor -in -interest to Trustor agrees by its succession to that interest that the written request made pursuant to this Article will be deemed remade to the successor -in -interest without any further or additional action on the part of Beneficiary and that by assuming the debt secured by this Deed of Trust or by accepting the interest of Trustor subject to the lien of this Deed of Trust, the successor remakes each of the representations and warranties in this Deed of Trust and agrees to be bound by each covenant in this Deed of Trust, including, but not limited to, any indemnity provision. 174 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 64 (� V 1 ARTICLE 7. CASUALTIES AND CONDEMNATION Section 7.1 Casualties. (a) Trustor will promptly notify Beneficiary in writing after any loss or damage caused by defect in Trustor's title to the Land and Trustor will furnish to Beneficiary within ninety (90) days after the loss or damage the following: (i) evidence satisfactory to Beneficiary that such defect is cured; and (ii) evidence satisfactory to Beneficiary that sufficient funds are available or committed for the benefit of Beneficiary, including insurance proceeds, to secure the repayment of the full amount of the Loan if such repayment is not waived. Subject to the rights of Trustor's construction and permanent lender(s), all insurance proceeds shall be applied and used to restore, repair and rebuild the Improvements in accordance with the provisions -of the Affordable Housing Agreement. Any proceeds not used for the repair, restoration, modification or improvement of the Land or the repayment of the construction or permanent loan(s) may be applied at the election of the Beneficiary against the Loan. Section 7.2 Condemnation. Trustor, immediately upon obtaining knowledge of the institution of any proceedings for the condemnation of the Land or any portion of it, will notify Trustee and Beneficiary of the pendency of the proceedings. Trustee and Beneficiary may participate in any proceedings and Trustor from time to time will deliver to Beneficiary all instruments requested by Beneficiary to permit participation. Beneficiary will be under no obligation to question the amount of any award or compensation. In any condemnation proceedings, Beneficiary may be represented by counsel selected by Beneficiary. The proceeds of any award or compensation received will be applied pursuant to the provisions of the construction or permanent loan documents and provisions of Section 7.1 of this Deed of Trust. ARTICLE 8. EVENTS OF DEFAULT AND REMEDIES Section 8.1 Events of Default. The following events are each an Event of Default: (a) Default in the payment of any sum of principal when due and not waived under the Developer Note which is not cured within the applicable cure period set forth therein; CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 65 175, 62 (b) A default under the Affordable Housing Agreement which is not cured within the applicable cure period set forth therein; (c) The failure (without cure during the applicable period) of the Trustor to observe, perform, or discharge any obligation, term, covenant, or condition of this Deed of Trust; (d) the sale, hypothecation, conveyance, or other disposition of the Land except in accordance with Sections 5.2 or 5.3 of this Deed of Trust or the Affordable Housing Agreement; and (e) Any representation or warranty made by Trustor or any other Person under this Deed of Trust is false or misleading in any material respect as of the date on which the representation or warranty was made. If one or more Events of Default occurs and are continuing, then Beneficiary may declare all the Loan to be due and the Loan will become due without any further presentment, demand, protest, or notice of any kind, and Beneficiary may: (i) in person, by agent, or by a receiver, and without regard to the adequacy of security, the solvency of Trustor, or the existence of waste, enter on and take possession of the Land or any part of it in its own name or in the name of Trustee, sue for or otherwise collect the rents, issues, and profits, and apply them, less costs and expenses of operation and collection, including reasonable attorney fees, upon the Loan, all in any order that Beneficiary may determine. The entering on and taking possession of the Land, the collection of rents, issues, and profits, and the application of them will not cure or waive any default or notice of default or invalidate any act done pursuant to the notice; (ii) commence an action to foreclose this Deed of Trust in the manner provided by law for the foreclosure of mortgages of real property; (iii) deliver to Trustee a written declaration of default and demand for sale, and a written notice of default and election to cause the Land to be sold, which notice Trustee or Beneficiary will cause to be filed for record; (iv) with respect to any Personalty, proceed as to both the real and personal property in accordance with Beneficiary's rights and remedies in respect of the Land, or proceed to sell the Personalty separately and without regard to the Land in accordance with Beneficiary's rights and remedies; or (v) exercise any of these remedies in combination or any other remedy at law or in equity. J-- S CAMy Documents\WPDOCS\Agnmt-Spanos - AFA - Apartmentsmpd 66 Section 8.2 Power of Sale. (a) If Beneficiary elects to foreclose by exercise of the power of sale in this Deed of Trust, Beneficiary will also deposit with Trustee this Deed of Trust, the Developer Note, and any receipts and evidence of expenditures made and secured as Trustee may require. If notice of default has been given as then required by law, and after lapse of the time that may then be required by law, after recordation of the notice of default, Trustee, without demand on Trustor, will, after notice of sale having been given as required by law, sell the Land at the time and place of sale fixed by it in the notice of sale, either as a whole or in separate parcels as Trustee determines, and in any order that it may determine, at public auction to the highest bidder. Trustee may postpone sale of all or any portion of the Land by public announcement at the time and place of sale, and from time to time after that may postpone the sale by public announcement at the time fixed by the preceding postponement, and without further notice make the sale at the time fixed by the last postponement; or Trustee may, in its discretion, give a new notice of sale. Beneficiary may rescind any notice of default at any time before Trustee's sale by executing a notice of rescission and recording it. The recordation of the notice will constitute a cancellation of any prior declaration of default and demand for sale and of any acceleration of maturity of the Loan affected by any prior declaration or notice of default. The exercise by Beneficiary of the right of rescission will not constitute a waiver of any default then existing or subsequently occurring, or impair the right of Beneficiary to execute other declarations of default and demand for sale, or notices of default and of election to cause the Land to be sold, nor otherwise affect the Developer Note or this Deed of Trust, or any of the rights, obligations, or remedies of Beneficiary or Trustee. After sale, Trustee will deliver to the purchaser its deed conveying the property sold, but without any covenant or warranty, express or implied. The recitals in the deed of any matters or facts will be conclusive proof of their truthfulness. Any Person, including Trustor, Trustee, or Beneficiary, may purchase at that sale. If allowed by law, Beneficiary, if it is the purchaser, may turn in the Developer Note at the amount owing on it toward payment of the purchase price (or for endorsement of the purchase price as a payment on the Developer Note if the amount owing exceeds the purchase price). Trustor expressly waives any right of redemption after sale that Trustor may have at the time of sale or that may apply to the sale. (b) Trustee, upon the sale, will make (without any covenant or warranty, express or implied), execute and, after due payment made, deliver to a purchaser and its heirs or assigns a deed or other record of interest, as the case may be, to the Land sold, which will convey to the purchaser all the title and interest of Trustor in the Land and will apply the proceeds of the sale in payment: (i) first, of the expenses of the sale together with the expenses of the trust, including, without limitation, attorney fees, that will become due on any default made by Trustor, and also any sums that Trustee or Beneficiary have paid for procuring a search of the title to the Land subsequent to the execution of this Deed of Trust; and 177 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 67 04, ' } 4 (ii) second, in payment of the Loan then remaining unpaid, and the amount of all other monies with interest in this Deed of Trust agreed or provided to be paid by Trustor. Trustee will pay the balance or surplus of the proceeds of sale to Trustor and its successors or assigns as its interests may appear. Section 8.3 Proof of Default. If there is a sale of the Land, or any part of it, and the execution of a deed for it, the recital of default and of recording notice of breach and election of sale, and of the elapsing of the required time between the recording and the following notice, and of the giving of notice of sale, and of a demand by Beneficiary that the sale should be made, will be conclusive proof of the default, recording, election, elapsing of time, and the due giving of notice, and that the sale was regularly and validly made on proper demand by Beneficiary. Any deed with these recitals will be effectual and conclusive against Trustor, its successors, and assigns, and all other Persons. The receipt for the purchase money recited or in any deed executed to the purchaser will be sufficient discharge to the purchaser from all obligations to see to the proper application of the purchase money. Section 8.4 Protection of Security. If an Event of Default occurs and is continuing, Beneficiary or Trustee, without limitation to do so, without notice to or demand upon Trustor, and without releasing Trustor from any obligations or defaults may: (a) enter on the Land in any manner and to any extent that either deems necessary to protect the security of this Deed of Trust; (b) appear in and defend any action or proceeding purporting to affect, in any manner, the Obligations or the Loan, the security of this Deed of Trust, or the rights or powers of Beneficiary or Trustee; (c) pay, purchase, or compromise any encumbrance, charge, or lien that in the judgment of Beneficiary or Trustee is prior or superior to this Deed of Trust; and (d) pay necessary expenses, employ counsel, and pay reasonable attorney fees. Trustor agrees to repay on demand all sums expended by Trustee or Beneficiary pursuant to this section with interest at the Default Rate, and those sums, with interest, will be secured by this Deed of Trust. Section 8.5 Receiver. If an Event of Default occurs and is continuing, Beneficiary, as a matter of strict right 178 and without notice to Trustor or anyone claiming under Trustor and without regard to the then value of the Land, will have the right to apply ex parte to any court having jurisdiction 71 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 68 to appoint a Receiver of the Land, and Trustor waives notice of any application for that, provided a hearing to confirm the appointment with notice to Trustor is set within fourteen (14) days after the appointment. Any Receiver will have all the powers and duties of receivers in similar cases and all the powers and duties of Beneficiary in case of entry as provided in this Deed of Trust, and will continue as such and exercise all those powers until the date of confirmation of sale, unless the receivership is terminated sooner. Section 8.6 Curing the Defaults. If Trustor at any time fails to perform or comply with any of the terms, covenants, and conditions required on Trustor's part to be performed and complied with under this Deed of Trust or the Developer Note, Trustor is required to perform, then Beneficiary, after seven (7) Business Days' notice to Trustor (or without notice if Beneficiary determines that an emergency exists), and without waiving or releasing Trustor from any of the Obligations, may, subject to the provisions of any of the Security Documents: (a) make from its own funds any payments payable by Trustor and take out, pay for, and maintain any of the insurance policies provided for; and (b) perform any other acts on the part of Trustor to be performed and enter on the Land for that purpose. The making by Beneficiary of payments out of Beneficiary's own funds will not, however, be deemed to cure the default by Trustor, and they will not be cured unless and until Trustor reimburses Beneficiary for the payments. All sums paid and all reasonable costs and expenses incurred by Beneficiary in connection with the performance of any act, together with interest on unpaid balances at the Default Rate from the respective dates of Beneficiary's making of each payment, will be added to the principal of the Loan, will be secured by the Security Documents and by the lien of this Deed of Trust, prior to any right, title, or interest in or claim on the Land attaching or accruing subsequent to the lien of this Deed of Trust, and will be payable by Trustor to Beneficiary on demand. Section 8.7 Inspection Rights. On reasonable notice (except in the case of an emergency), and without releasing Trustor from any obligation to cure any default of Trustor, Beneficiary or its agents, representatives, and employees acting by themselves or through a court -appointed receiver, may, from time to time and at all reasonable times (or at any time in the case of an emergency) enter and inspect the Land and every part of it and perform any acts and things as Beneficiary deems necessary or desirable to inspect, investigate, assess, and protect the security of this Deed of Trust, for the purpose of determining compliance with covenants and restrictions contained this Deed of Trust. Section 8.8 Judgment on Environmental Provision. Beneficiary or its agents, representatives, and employees may seek a judgment that 179 Trustor has breached its covenants, representations, or warranties in Article 6 of this Deed CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 69 7 of Trustor any other covenants, representations, or warranties that are deemed to be environmental provisions pursuant to California Code of Civil Procedure § 736 (each an Environmental Provision), by commencing and maintaining an action or actions in any court of competent jurisdiction pursuant to California Code of Civil Procedure § 736, whether commenced prior to or after foreclosure of the lien of this Deed of Trust. Beneficiary or its agents, representatives, and employees may also seek an injunction to cause Trustor to abate any action in violation of any Environmental Provision and may seek the recovery of all costs, damages, expenses, fees, penalties, fines, judgments, indemnification payments to third parties, and other out-of-pocket costs or expenses actually incurred by Beneficiary (collectively, "Environmental Costs") incurred or advanced by Beneficiary relating to the cleanup, remedy, or other response action required by any Hazardous Materials Law, or any Hazardous Materials Claim, or which Beneficiary believes necessary to protect the Land. It will be conclusively presumed between Beneficiary and Trustor that all Environmental Costs incurred or advanced by Beneficiary relating to the cleanup, remedy, or other response action of or to the Land were made by Beneficiary in good faith. All Environmental Costs incurred by Beneficiary under this subsection (including, without limitation, court costs, consultant fees, and reasonable attorney fees, whether incurred in litigation and whether before or after judgment) will bear interest at the legal rate from the date of expenditure until those sums have been paid in full. Beneficiary will be entitled to bid, at any trustee's or foreclosure sale of the Land, the amount of the costs, expenses, and interest in addition to the amount of the Loan. Section 8.9 Waive Lien. Beneficiary or its agents, representatives, and employees may waive its lien against the Land or any portion of it, including the Improvements and the Land, to the extent that the Land is found to be environmentally impaired in accordance with California Code of Civil Procedure § 726.5, and to exercise all rights and remedies of an unsecured creditor against Trustor and all of Trustor's assets and property for the recovery of any deficiency and Environmental Costs, including, but not limited to, seeking an attachment order under California Code of Civil Procedure § 483.010. As between Beneficiary and Trustor, for purposes of California Code of Civil Procedure § 726.5, Trustor will have the burden of proving that Trustor or any related party (or any affiliate or agent of Trustor or any related party) was not in any way negligent in permitting the Release or threatened Release of the Hazardous Materials. Section 8.10 Remedies Cumulative. All remedies of Beneficiary provided for in this Deed of Trust are cumulative and will be in addition to all other rights and remedies provided in the other Security Documents or provided by law, including any banker's lien and right of offset. The exercise of any right or remedy by Beneficiary will not in any way constitute a cure or waiver of default, will not invalidate any act done pursuant to any notice of default, nor will it prejudice Beneficiary in the exercise of any of its rights unless, in the exercise of those rights, Beneficiary collects the total amount of the Loan. 180 CAMy Documents\WPDOCS\Agnnt-Spanos - AFA - Apartmentsmpd 7 0 73 ARTICLE 9 SECURITY AGREEMENT Section 9.1 Security Interest. The security interest includes all policies of insurance arising out of the ownership of the Land, and all accounts, contract rights, chattel paper, instruments, general intangibles, and other obligations of any kind now or later existing, arising out of, or in connection with the ownership and maintenance of the Land (the "Collateral"). The security interest also includes all rights now or later existing in all security agreements, leases, and other contracts securing or otherwise relating to any accounts, contract rights, chattel paper, instruments, general intangibles, or obligations; all causes of action and recoveries now or later existing for any loss or diminution in value of the Land; all proceeds of any of the Land; and, to the extent not otherwise included, all payments under insurance (whether Beneficiary is the loss payee), or any indemnity, warranty, or guaranty payable by reason of loss or damage to or otherwise with respect to any of the Collateral. Section 9.2 Remedies. Trustor agrees to execute and deliver on demand, and irrevocably constitutes and appoints Beneficiary the attorney -in -fact of Trustor to execute, deliver, and file, any security agreements, financing statements, continuation statements, or other instruments that Beneficiary may request to impose, perfect, or continue the perfection of the lien or security interest created by this Deed of Trust. Beneficiary has all rights and remedies, whether at law, in equity, or by statute that are available to secured creditors. Any disposition may be conducted by an employee or agent of Beneficiary or Trustee. Any Person, including both Trustor and Beneficiary, will be eligible to purchase any part or all of the Collateral at any disposition. Section 9.3 Expenses. Expenses of retaking, holding, and preparing for sale, selling, or the like will be borne by Trustor and will include Beneficiary's and Trustee's attorney fees and legal expenses. Trustor, on demand of Beneficiary, will assemble the Collateral and make it available to Beneficiary at the Land, a place deemed to be reasonably convenient to Beneficiary and Trustor. Beneficiary will give Trustor at least ten (10) days' prior written notice of the time and place of any public sale or other disposition of the Collateral or of the time of or after which any private sale or any other intended disposition is to be made. If the notice is sent to Trustor in the manner provided for the mailing of notices in this Deed of Trust, it is deemed reasonable notice to Trustor. Section 9.4 Assignment of Agreements. (a) As security for the Loan, Trustor sells, assigns, transfers, sets over, and delivers to Beneficiary (subject to the prior rights of any construction or permanent lender(s)) all of Trustor's right, title, and interest in all agreements, permits, and contracts 18 �` pertaining to the ownership and maintenance of the Land, including, but not limited to, CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 71 7 1 environmental impact reports; negative declarations; map approvals; grading permits; conditional use permits; applications for all permits; management agreements; all development rights in the Land that Trustor may now or later acquire (including, without limitation, development rights arising in connection with any action by a governmental entity, including, by way of illustration, but not of limitation, inducement resolutions of county, municipal, or other governmental entities); agreements with contractors, suppliers, and construction managers; and agreements pertaining to the transfer of development rights or permitted floor area under applicable laws or ordinances (collectively, "Agreements"), as they may be amended or otherwise modified from time to time, including, without limitation, the right of Trustor to terminate any of the Agreements, to perform under them, and to compel performance and otherwise exercise all remedies under them, together with the immediate and continuing right to collect and receive all sums that may become due to Trustor, or which Trustor may now or later become entitled to demand or claim, arising or issuing out of the Agreements, including, without limitation, claims of Trustor for damages arising out of breach of or default under any of the Agreements and all rights of Trustor to receive proceeds of any insurance, indemnity, warranty, or guaranty with respect to any of the Agreements. However, so long as no Event of Default has occurred and is continuing, Trustor will have the right under a license granted to collect and retain all sums that may become payable to Trustor under the Agreements. (b) Trustor covenants and agrees to punctually observe, perform, and discharge the obligations, terms, covenants, conditions, and warranties to be observed, performed, and discharged by it under the Agreements. Beneficiary, upon an Event of Default, at its option and upon written notice to Trustor, will have the right to declare the assignment in this Section 9.4 to be absolute, and, in addition, Beneficiary will have the complete right then or later to exercise and enforce all of the rights and remedies provided by law. (c) The acceptance by Beneficiary of the assignment in this Article 9.5, with all the rights, powers, privileges, and authority granted will not, prior to the exercise of Beneficiary's right to declare the assignment in this Article 9.4 to be absolute, obligate Beneficiary to assume any obligations under the Agreements or to take any action under them, or to expend any money or incur any expense or perform or discharge any obligation, duty, or liability under the Agreements, or to assume any obligation or responsibility for the nonperformance of the provisions by Trustor. ARTICLE 10 ASSIGNMENT OF LEASES AND RENTS Section 10.1 Assignment. ment. Trustor irrevocably assigns to Beneficiary: (a) all of Trustor's right, title, and interest in all leases; licenses; agreements relating to the management, leasing, or operation of the Land; and other agreements of any kind relating to the use or occupancy of the Land, whether now existing or entered into after the date of this Deed of Trust; and 182 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apanments.wpd 72 75 (b) the rents, issues, and profits of the Land, including, without limitation, all amounts payable and all rights and benefits accruing to Trustor under any leases (the "Payments"), for the purposes and on the terms and conditions below. This is a present and absolute assignment, not an assignment for security purposes only, and Beneficiary's right to the leases and payments is not contingent on, and may be exercised without, possession of the Land. Section 10.2 License. Beneficiary confers on Trustor a license (the "License") to collect and retain the Payments as they become due until the occurrence of an Event of Default. Upon an Event of Default, the License will be automatically revoked and Beneficiary may collect and retain the Payments without notice and without taking possession of the Land. The lessees will have no right or duty to inquire as to whether any Default has actually occurred or is then existing. Trustor relieves the lessees from any liability to Trustor by reason of relying on and complying with any notice or demand by Beneficiary. Section 10.3 Effect of Assignment. The assignment will not impose on Beneficiary any duty to produce rents, issues, or profits from the Land, or cause Beneficiary to be: (a) a mortgagee -in -possession for any purpose; (b) responsible for performing any of the obligations of the lessor under any leases; or (c) responsible for. any waste committed by lessees or any other parties, any dangerous or defective condition of the Land, or any negligence in the management, upkeep, repair, or control of the Land. Beneficiary will not be liable to Trustor or any other party as a consequence of the exercise of the rights granted to Beneficiary under this assignment. Section 10.4 Leasing Covenants. Trustor covenants and agrees as follows: (a) At Trustor's sole cost to: (i) perform all obligations of the lessor under the any leases and enforce performance by the lessees of their obligations under such leases; (ii) subject to the provisions of Section 10.4(b) below, enforce all remedies available to Trustor in case of default by the lessees under the leases and prosecute and defend any action, arbitration, or other controversy relating to the 183 leases or to Trustor's interest in the leases; CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartments.wpd 73 7 ,1 (iii) exercise diligent, good -faith efforts to keep all portions of the Land, if applicable, leased at all times and at rental rates set forth in the Affordable Housing Agreement; and (iv) promptly upon execution, deliver to Beneficiary fully executed counterpart originals of the leases; and (b) except in compliance with the terms of the Affordable Housing Agreement, not to enter into,.assign, terminate, modify, or amend the terms of, any leases, or to assign the Payments, or to subordinate the leases to any other deed of trust or encumbrances. Any attempted action in violation of the provisions of this Section 10.4(b) will be voidable at Beneficiary's election. Section 10.5 Application of Rents. Beneficiary, in its sole discretion, may apply, or require the application of, all amounts received pursuant to the assignment to the payment of any one or more of the obligations in any order that Beneficiary may elect. Section 10.6 Remedies. In addition to any other remedies in this Deed of Trust, Beneficiary will have the following rights and remedies upon the occurrence of an Event of Default: (a) To receive the Payments and any other amounts arising or accruing under the leases or from the Land; (b) To collect, sue for, settle, compromise, and give releases for the Payments and pursue any remedies for the enforcement of the leases or Trustor's rights under the leases; and (c) To take possession of the Land, and hold, manage, lease, and operate it on any terms and for any period of time that Beneficiary may deem proper and, either with or without taking possession of the Land, in its own name, make from time to time all alterations, renovations, repairs, or replacements that Beneficiary may deem proper. Section 10.7 Definitions. The terms lessor and lessors as used in this Deed of Trust will include all owners, landlords, licensors, and other parties in a similar position with respect to the leases. The terms lessee and lessees will include any tenants and licensees and any other parties in a similar position and will also include any guarantor or other obligors under the leases. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 74 77, ARTICLE 11. MISCELLANEOUS Section 11.1 Successor Trustee. Beneficiary may remove Trustee or any successor trustee at any time and appoint a successor trustee by recording a written substitution in the county where the Land is located, or in any other manner permitted by law. Upon that appointment, all of the powers, rights, and authority of Trustee will immediately become vested in the successor. Section 11.2 No Waiver. No waiver by Beneficiary of any default or breach by Trustor will be implied from any omission by Beneficiary to take action on account of that default if the default persists or is repeated. Also, no express waiver will affect any default other than the default in the waiver and the waiver will be operative only for the time and to the extent stated. Waivers of any covenant, term, or condition in this Deed of Trust will not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by Beneficiary for any act by Trustor requiring further consent or approval will not be deemed to waive or render unnecessary the consent or approval for any subsequent similar act. Section 11.3 Abandonment. Subject to any chattel mortgages, security agreements, or other liens on title that may exist with the consent of Beneficiary, or any provided for in this Deed of Trust, all Personalty that upon foreclosure of the Land is owned by Trustor and is used in connection with the maintenance of the Land will be deemed at Beneficiary's option to have become on that date a part of the Land and abandoned to Beneficiary in its then condition. Section 11.4 Notices. All notices, advices, demands, requests, consents, statements, satisfactions, waivers, designations, refusals, confirmations, or denials that may be required or contemplated under this Deed of Trust for any party to serve on or give to any other will be in writing, and, if not in writing, will not be deemed to have been given. Also, they must be either personally served or sent with return receipt requested by registered or certified mail with postage (including registration or certification charges) prepaid in a securely enclosed and sealed envelope as follows: 1.85, 73 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 7 5 (1) If to Trustor, addressed to: The Spanos Corporation 3773 Howard Hughes Parkway, Suite 590S Las Vegas, Nevada 89109 Attention: (2) If to Beneficiary, addressed to: La Quinta Redevelopment Agency 78-495 Calle Tampico La Quinta, California 92253 Attention: Executive Director Section 11.5 Survival. The covenants and agreements in this Deed of Trust will bind and inure to the benefit of Beneficiary and Trustor and their successors and assigns. It is agreed that Beneficiary may assign to or grant a participation in any one or more lenders, free from any right of counterclaim, recoupment, or setoff, by Trustor, Beneficiary's rights and obligations in whole or in part under the Security Documents. Nothing in this Section 11.5 is intended to limit other provisions in the Enforcement Documents that by their terms survive the repayment of the Loan or the termination of any Security Document. Section 11.6 Severability. If any term, provision, covenant, or condition of this Deed of Trust or any application of it is held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, all terms, provisions, covenants, and conditions of this Deed of Trust and all applications of it not held invalid, void, or unenforceable will continue in full force and will not be affected, impaired, or invalidated. Section 11.7 References to Foreclosure. References in this Deed of Trust to foreclosure and related phrases are references to the appropriate procedure in connection with Trustee's private power of sale, any judicial foreclosure proceeding, and any deed given in lieu of foreclosure. Section 11.8 Joinder of Foreclosure. If Beneficiary holds any other or additional security for the payment of any Loan or performance of any Obligation, its sale or foreclosure, on any default in the payment or performance, in Beneficiary's sole discretion, may be prior to, subsequent to, or joined or otherwise contemporaneous with any sale or foreclosure. In addition to the rights in this Deed of Trust specifically conferred, Beneficiary, at any time and from time to time, may exercise any right or remedy now or later given by law to beneficiaries under deeds of trust generally, or to the holders of any obligations of the kind secured. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 186, 779 Section 11.9 Rights of Beneficiary and Trustee. At any time and from time to time, without liability and without notice, and without releasing or otherwise affecting the liability of any person for payment of any of the Loan: (a) Beneficiary, at its sole discretion and only in writing, may extend the time for or release any Person now or later liable for payment of any of the Loan, or accept or release additional security, or subordinate the lien or charge of this Deed of Trust; or (b) Trustee, on written request of Beneficiary and presentation of the Developer Note, any additional notes secured by this Deed of Trust, and this Deed of Trust for endorsement, may reconvey any part of the Land, consent to the making of any map or plat of it, join in granting any easement on it, or join in any agreement of extension or subordination. On Beneficiary's written request and surrender of the Developer Note, any additional notes secured by this Deed of Trust, and this Deed of Trust to Trustee for cancellation, and on payment to Trustee of its fees and expenses, Trustee will reconvey without warranty the then trust property. The recitals in any reconveyance will be conclusive proof of the truthfulness of them, and the grantee in any reconveyance may be described as the person legally entitled. Section 11.10 Copies. Trustor will promptly give to Beneficiary copies of: (a) all notices of violation that Trustor receives from any governmental agency or authority; and (b) all notices of default that Trustor receives under the Bond Documents. Section 11.11 Subordination to Contracts of Sale and Leases. At the option of Beneficiary, this Deed of Trust will become subject and subordinate, in whole or in part (but not with respect to priority of entitlement to any insurance proceeds, damages, awards, or compensation resulting from damage to the Land or condemnation or exercise of power of eminent domain), to any contracts of sale or any leases of the Land on the execution by Beneficiary and recording of a unilateral declaration to that effect in the official records of the county and state where the Land is located. Beneficiary may require the issuance of any title insurance endorsements to the Title Policy in connection with any subordination that Beneficiary, in its judgment, determines are appropriate, and Trustor will be obligated to pay any cost or expense incurred in connection with the issuance. Section 11.12 No Mercier. So long as any of the Loan remains unpaid or Beneficiary has any further obligation under the Security Documents, unless Beneficiary otherwise consents in writing, the fee estate o�7 Trustor in the Land or any part of it will not merge, by operation of law or otherwise, with a� CAMy DocumentAWPDOMAgrmt-Spanos - AFA - Apartmentsmpd leasehold or other estate in the Land or any part of it, but will always be kept separate and distinct, regardless of the union of the fee estate and the leasehold or other estate in Trustor or any other Person. Section 11.13 Performance by Trustor. Trustor will faithfully perform every covenant to be performed by Trustor under any lien or encumbrance, including, without limiting the generality of this Deed of Trust, mortgages, deeds of trust, leases, declarations or covenants, conditions and restrictions, and other agreements that affect the Land, in law or in equity, that Beneficiary reasonably believes may be prior and superior to or on a parity with the lien or charge of this Deed of Trust. A breach of or a default under any lien or encumbrance that exists after any applicable grace period in the pertinent instrument has expired without that breach or default having been cured, will constitute an Event of Default under this Deed of Trust. If Trustor fails to do so, Beneficiary, without demand or notice and in its sole judgment, may do any things required by Trustor by any of the provisions in this Deed of Trust and incur and pay expenses in connection with such provisions. Nothing in this section affects Trustor's obligations pursuant to Sections 5.2 and 5.3 of this Deed of Trust or limits Beneficiary's rights. Section 11.14 Junior Liens. Trustor agrees: (a) that as of the date of this Deed of Trust there are no encumbrances to secure debts junior to this Deed of Trust; and (b) that there are to be none as of the date when this Deed of Trust becomes of record. Section 11.15 Waiver of Statute of Limitations. The pleading of any statute of limitations as a defense to any obligations secured by this Deed of Trust is waived, to the fullest extent permissible by law. Section 11.16 Charges for Statements. Trustor agrees to pay Beneficiary's reasonable charge, to the maximum amount permitted by law, for any statement regarding the obligations secured by this Deed of Trust requested by Trustor or on its behalf. Section 11.17 Waiver of Marshaling Rights. Trustor, for itself and for all parties claiming through or under Trustor, and for all parties who may acquire a lien on or interest in the Land, waives all rights to have the Land or any other property that is now or later may be security for any Obligation ("Other Land") marshaled on any foreclosure of this Deed of Trust or on a foreclosure of any other security for any of the 188 81 CAMy DocumentsMPDOMAgrmt-Spanos - AFA - Apartments.wpd 78 Obligations. Beneficiary will have the right to sell, and any court in which foreclosure proceedings may be brought will have the right to order a sale of, the Land and any of the Other Land as a whole or in separate parcels, in any order that Beneficiary may designate. Section 11.18 Acceptance of Trust: Powers and Duties of Trustee. Trustee accepts this trust when this Deed of Trust is recorded. From time to time on written request of Beneficiary and presentation of this Deed of Trust for endorsement, and without affecting the personal liability of any person for payment of any indebtedness or the performance of any obligations, Trustee may, without liability and without notice: (a) reconvey all or any part of the Land; (b) consent to the making of any map or plat; and (c) join in any grant of easement, any declaration of covenants, conditions, and restrictions, any extension agreement, or any agreement subordinating the lien or charge of this Deed of Trust. Except as may be required by applicable law, Trustee or Beneficiary may from time to time apply to any court of competent jurisdiction for aid and direction in the execution of the trust and the enforcement of the rights and remedies available, and may obtain orders or decrees directing, confirming, or approving acts in the execution of the trust and the enforcement of the remedies. Trustee has no obligation to notify any party of any pending sale or any action or proceeding, including, without limitation, actions in which Trustor, Beneficiary, or Trustee will be a party, unless held or commenced and maintained by Trustee under this Deed of Trust. Trustee will not be obligated to perform any act required of it under this Deed of Trust unless the performance of the act is requested in writing and Trustee is reasonably indemnified and held harmless against any loss, cost, liability, or expense. Section 11.19 Releases, Extensions. Modifications. and Additional Security. Without notice to or the consent, approval, or agreement of any persons or entities having any interest at any time in the Land or in any manner obligated under the Obligations (the "Interested Parties"), Beneficiary may, from time to time, release any person or entity from liability for the payment or performance of any Obligation; take any action or make any agreement extending the maturity or otherwise altering the terms or increasing the amount of any Obligation; or accept additional security or release the Land or other security for any Obligation. None of these actions will release or reduce the personal liability of any of the Interested Parties, or release or impair the lien of this Deed of Trust, or the priority of it on the Land. However, no action taken or agreement made by Beneficiary to extend the maturity or otherwise alter the terms or increase the amount of any Obligation will be binding on Trustor without Trustor's consent. Section 11.20 Reconveyance. 189 Upon the payment of the Loan and performance of all Obligations, including, without limitation, Beneficiary's receipt of all sums owing and outstanding under the Developer Note, unless waived by the Beneficiary under the terms of the Developer Note, Beneficiary will deliver CAMy Documents\WPDOCS\Agnnt-Spanos - AFA - Apartmentsmpd V 27 9 to Trustee a written request for reconveyance, and will surrender to Trustee for cancellation this Deed of Trust and any note or instrument evidencing the Loan and the Obligations. However, Beneficiary will have no obligation to deliver the written request and documents until Beneficiary has been paid by Trustor, in immediately available funds, all escrow, closing, and recording costs, the costs of preparing and issuing the reconveyance, and any trustee's or reconveyance fees. On Trustee's receipt of the written request by Beneficiary and the documents, Trustee will reconvey, without warranty, the Land or that portion then held. To the extent permitted by law, the reconveyance may describe the grantee as the person or persons legally entitled and the recitals of any matters or facts in any reconveyance will be conclusive proof of the truthfulness of them. Neither Beneficiary nor Trustee will have any duty to determine the rights of persons claiming to be rightful grantees of any reconveyance. When the Land has been fully reconveyed, the last reconveyance will operate as a reassignment of all future rents, issues, and profits of the Land to the person legally entitled. Section 11.21 Subrogation. Beneficiary's rights will be subrogated to the lien of all encumbrances, whether released of record, paid in whose or in part by Beneficiary pursuant to this Deed of Trust, or by the proceeds of the Loan secured by this Deed of Trust. Section 11.22 Obligations of Trustor Joint and Several. If more than one person has executed this Deed of Trust as Trustor, the obligations of all those persons will be joint and several. Section 11.23 Rules of Construction. When the identity of the parties or other circumstances make it appropriate, the singular number includes the plural. Section 11.24 Successors in Interest. The terms, covenants, and conditions in this Deed of Trust will be binding on and inure to the benefit of the heirs, successors, and assigns of the parties. Section 11.25 No Offset. Trustor will pay to Beneficiary all amounts owing, if not waived, under the Developer Note, this Deed of Trust, or any of the other Obligations without deduction, offset, or counterclaim of any kind. Section 11.26 Governing Law. 190 The parties expressly agree that this Deed of Trust (including, without limitation, all questions regarding permissive rates of interest) will be governed by or construed in accordance with the laws of the State of California. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 3 Section 11.27 Partial Reconveyances. Upon thirty (30) days' prior written request by Trustor to Beneficiary requesting that a Restricted Unit (as defined in the Affordable Housing Agreement) or any portion of the Land be reconveyed in connection with the sale of a Restricted Unit to an Eligible Person or Family (as provided in the Affordable Housing Agreement), Beneficiary shall cause such Restricted Unit to be released from the lien of this Deed of Trust by depositing a request for reconveyance into an escrow opened by or for Trustor in connection with the sale of each Restricted Unit, and the principal amount of the Developer Note shall be reduced as provided therein. In Witness Whereof, Trustor has executed this Deed of Trust as of the day and year first above written. TRUSTOR: THE SPANOS CORPORATION a California corporation By: Its: CAMy Documents\WPDOCS\Agrmt-Spanos - AFA Apartmentsmpd 81 9441 EXHIBIT "A" LEGAL DESCRIPTION IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,- THAT PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE - QUARTER OF SECTION 29; THENCE NORTH 000 20' 08" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 51' 38" EAST A DISTANCE OF 1115.00 FEET; THENCE SOUTH 000 20' 08" EAST PARALLEL WITH SAID WESTERLY LINE A DISTANCE OF 580.00 FEET; THENCE NORTH 890 51' 38" WEST A DISTANCE OF 1115.00 FEET TO A POINT ON SAID WESTERLY LINE; THENCE NORTH 000 20' 08" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 580.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES OVER THE WESTERLY 55.00 FEET OF SAID DESCRIBED PARCEL. ALSO EXCEPTING THEREFROM AN EASEMENT FOR LANDSCAPE AND PEDESTRIAN PURPOSES OVER THE EASTERLY 20.00 OF THE WESTERLY 75.00 FEET OF SAID DESCRIBED PARCEL. SUBJECT TO EXISTING EASEMENTS OF RECORD. COMPRISING 14.845 ACRES OF GROSS AREA, 13.847 ACRES OF NET AREA, MORE OR LESS. CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 82 192 35 ATTACHMENT NO. 8 DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS FOR PROPERTY RECORDING REQUESTED BY AND ) WHEN RECORDED MAIL TO: ) La Quinta Redevelopment Agency ) 78-495 Calle Tampico ) La Quinta, California 92253 ) Attention: Executive Director ) (Space Above for Recorder's Use) This document is exempt from payment of a recording fee pursuant to Government Code Section 6103. THIS DECLARATION OF CONDITIONS, COVENANTS, AND RESTRICTIONS FOR PROPERTY (the "Declaration") is made by and between THE SPANOS CORPORATION (the "Buyer" or "Covenantor") and the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (the "Agency" or "Covenantee") as of the day of , 1999. RECITALS A. The Buyer is fee owner of record or has entered into an agreement for the purchase of that certain real property (the "Property") located in the City of La Quinta, County of Riverside, State of California legally described in the attached Exhibit "A". The developer shall construct 200 apartment units and rent 20 of the units to tenants that qualify as moderate income families or individuals (ten low and ten moderate). B. The Property is within the La Quinta Project Area No. 2 (the "Project") in the City of La Quinta and is.subject to the provisions of the "Redevelopment Plan" for the Project. C. The Community Redevelopment Law (California Health and Safety Code 33000 et M.) provides that a redevelopment agency shall establish covenants running with the land in furtherance of redevelopment plans. NOW, THEREFORE, THE AGENCY AND THE BUYER AGREE AS FOLLOWS: 193 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 83 3 6 1. Affordable Housing. The apartment project is to be used for constructed with 20-0 units of which ten units are to be held available to be rented to low and ten units to be rented to moderate income tenants. The Property has been made available, in part, with financial assistance provided by the Agency. In consideration of its participation, the Agency requires that the twenty (20) apartment units on the Property be maintained as an affordable housing resource until thirty (30) years from the date this Declaration is recorded. The terms and conditions relating to such use and occupancy are set forth in the Affordability Restrictions. The Affordability Restrictions and this Declaration shall be construed as consistent and not in conflict to the greatest extent feasible, in the event of conflict involving the Agency and the Buyer, the Affordability Restrictions shall control. 2. Affordability Covenants. Covenantor agrees for itself, and its successors and assigns, and every successor to Covenantor's interest in the Property, or any part thereof that these covenants shall remain in force and effect until thirty (30) years from the date this Declaration is recorded (the "Expiration Date"): (a) The twenty (20) apartment units shall be rented at Affordable Rental Costs which shall mean that rent which shall not exceed the percentage of the gross income of the occupant person or household established by regulations of the department which shall not be less than fifteen percent (15%) of gross income nor exceed thirty percent (30% of gross income, adjusted for family size and a utility allowance to Low Income Households and Moderate Income Households defined as follows: (1) "Low Income Household" shall mean a household earning not greater than eighty percent (80 %) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time, as set forth in Health and Safety Code Section 50105. (2) "Moderate Income Household" shall mean a household earning not greater than one hundred twenty percent (120%) of Riverside County median income, as determined by the United States Department of Housing and Urban Development from time to time, as set forth in Health and Safety Code Section 50105. (b) The covenant contained in this Section 2 shall run with the land and shall automatically terminate and be of no further force or effect upon the Expiration Date. (c) Notwithstanding the foregoing, this Declaration shall be subordinate to the lien of a first deed of trust against the Property, and shall not impair the rights of any institution or lender which is the maker of a loan secured by such first deed of trust, or such lender's assignee or successor in interest, to exercise its remedies under the deed of trust in the event of default under the first deed of trust by the Covenantor. Such remedies under the first deed of trust include the right of foreclosure or acceptance of -a 194 Vry CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 84 deed or assignment in lieu of foreclosure. After such foreclosure or acceptance of a deed in lieu of foreclosure, the affordability covenants and the transfer restrictions set forth in Sections 1, 2, 3 and 7 of this Declaration shall be forever terminated and shall have no further effect as to the Property or any transferee thereafter; provided, however, if the holder of such deed of trust acquired title to the Property pursuant to a deed or assignment in lieu of foreclosure, said Sections 1, 2 3 and 7 of this Declaration shall automatically terminate upon such acquisition of title, provided that (i) the Agency has been given written notice of a default under such first deed of trust; and (ii) the Agency shall not have cured the default under such first deed of trust within the thirty (30) day period provided in such notice sent to the Agency. Notwithstanding any other provision hereof, the nondiscrimination covenants and the maintenance requirements set forth in this Declaration shall remain in full force and effect as to the Property and any transferee. 3. Transfer of Property In the event single family homes are constructed, no transfer of the Property shall occur until the Agency determines (a) that the proposed purchaser intends to occupy the Property as the proposed purchaser's principal residence; (b) that the proposed purchaser is a Qualifying Income Household; and (c) that the proposed transfer occurs at an "Affordable Housing Cost" as determined pursuant to the Affordability Restrictions. The Agency shall not be obligated to approve a transfer until and unless the proposed purchaser has submitted to the Agency such information and completed such forms as the Agency shall request to certify the proposed purchaser's intent with respect to its residency of the Property and its gross income, and the proposed purchaser has submitted an affidavit disclosing and certifying the amount of the proposed purchase price. Prior to conveyance of the Property, each approved purchaser shall submit to the Agency an executed disclosure statement which certifies that the purchaser is aware that the purchaser buying may only sell the unit at an Affordable Housing Cost to a very low, low, to moderate income person or family, that the maximum permitted sales price may be less than fair market value, and that the units must be owner -occupied at all times and cannot be rented or leased. Covenantor shall cooperate with the Agency in providing such forms to proposed purchasers and in assisting proposed purchaser to prepare such forms and to provide any required information to the Agency in connection with the Covenantor's original sale of the Property, provided that the Covenantor shall not be obligated to incur any out-of-pocket costs in connection therewith, other than employee time dedicated to providing such assistance. COVENANTOR UNDERSTANDS THAT THE DETERMINATION OF THE AFFORDABLE HOUSING COST CAN BE MADE ONLY AT THE TIME OF THE PROPOSED TRANSFER, TAKING INTO CONSIDERATION INTEREST RATES, THE TERMS OF SALE OFFERED TO AND THE ECONOMIC CIRCUMSTANCES OF THE PROPOSED PURCHASER AND OTHER FACTORS THAT CANNOT BE ACCURATELY PREDICTED, AND THAT THE TRANSFER PRICE PERMITTED HEREUNDER MAY BE LESS THAN THE FAIR MARKET VALUE OF THE PROPERTY AND MAY NOT INCREASE OR DECREASE IN THE SAME MANNER AS OTHER SIMILAR REAL PROPERTY WHICH IS NOT ENCUMBERED BY THIS RESTRICTION. COVENANTOR 08 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Ap u tments.wpd 85 V1915 FURTHER. ACKNOWLEDGES THAT AT ALL TIMES IN SETTING THE TRANSFER PRICE THE PRIMARY OBJECTIVE OF THE AGENCY AND THIS DECLARATION IS TO PROVIDE HOUSING TO LOWER INCOME HOUSEHOLDS AT AN AFFORDABLE HOUSING COST. In the event apartment units are constructed, the Agency shall approve subsequent transferees and may require assurances that said transferees shall abide by these Covenants, Conditions, and Restrictions. The covenant contained in this Section 2 shall run with the land and shall automatically terminate and be of no further force or effect upon the Expiration Date. 4. Nondiscrimination Covenants. Covenantor by and for itself, its successors and assigns, and all persons claiming under or through them that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Property, nor shall Covenantor itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Property. Covenantor and its successors and assigns, shall refrain from restricting the rental or lease (if permitted by Covenantee) or sale of the Property on the basis of race, color, religion, sex, marital status, national origin or ancestry of any person. All such deeds, leases, or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 86 . "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, marital status, ancestry or national origin in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the premises herein leased." (c) In contracts: "There shall be no discrimination against or segregation of, any person, or group of persons on account of race, color, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the premises, nor shall the transferee himself of herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees or vendees of the premises." Nothing in this Section 4 shall be construed to authorize the rental or lease of the Property if such rental or lease is not otherwise permitted. The covenants in this paragraph 4 shall run with the land in perpetuity. 5. Maintenance of Property. Covenantor shall properly maintain the buildings, landscaping and yard areas on the Property as follows: (a) No improperly maintained landscaping shall be visible from public rights -of - way, including: no lawns with grasses in excess of six (6) inches in height; 2 no untrimmed hedges; 3. no trees, shrubbery, lawns, and other plant life dying from lack of water or other necessary maintenance; 4. no trees and shrubbery grown uncontrolled without proper pruning; 5. no vegetation so overgrown as to be likely to harbor rats or vermin; and 6. no dead, decayed, or diseased trees, weeds, and other vegetation. (b) No yard areas shall be left unmaintained, including: no broken or discarded furniture, appliances, and other household 197 equipment stored in yard areas for periods exceeding one (1) week; go CAMy Documents\WPDOCS\Asrmt-Spanos - AFA - Apartments.wpd 87 2. no packing boxes, lumber, trash, dirt, and other debris stored in yards for periods exceeding one (1) week in areas visible from public property or neighboring properties; 3. no unscreened trash cans, bins, or containers stored for unreasonable periods in areas visible from public property or neighboring properties; and 4. no vehicles parked or stored in areas other than approved parking areas. (c) No buildings may be left in an unmaintained condition, including: 1. no violations of state law, Uniform Codes, or City ordinances; 2. no condition that constitutes an unsightly appearance that detracts from the aesthetics or property value of the subject property or constitutes a private or public nuisance; 3. no broken windows or chipped, cracked, or peeling paint; and 4. no conditions constituting hazards and/or inviting trespassers or malicious mischief. 6. Notification as to Capital Improvements. In the event the Covenantor makes capital improvements to the Property, such capital improvements may affect the amount payable to the Covenantor (or its successors) to the Agency pursuant to the "Buyer Disclosure". In order for the capital improvements to be countable for such purposes, the Covenantor shall, prior to undertaking such improvements, inform the Agency in writing as to the general character, extent, and estimated costs of the improvements, and shall further provide invoices, paid bills, and other evidence to substantiate to the reasonable satisfaction of the Executive Director of the Agency the costs incurred. Notice shall reference this Section 6, and shall be mailed or delivered to the La Quinta Redevelopment Agency, Attention: Executive Director, as more fully set forth in Section 10 hereof. 7. Covenants do not Impair Lien. No violation or breach of the covenants, conditions, restrictions, provisions, or limitations contained in this Declaration shall defeat or render invalid or in any way impair the lien or charge of any mortgage or deed of trust or security interest. 8. Conflict with Other Laws: Severability. In the event that any provision of this Declaration is found to be contrary to 198 applicable law or the Affordability Restrictions, then the contrary provisions of this Declaration shall be deemed to mean those provisions which are enforceable and CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 88 consistent with such laws and policies. The remaining portions of this Declaration shall be deemed modified in a manner which is consistent with the goals and intent of this Declaration to provide housing at an affordable housing cost to very low, low, and moderate income households. Every provision of this Declaration is intended to be severable. In the event any term or provision of this Declaration is declared by a court of competent jurisdiction to be unlawful, invalid or unenforceable for any reason, such determination shall not affect the balance of the terms and provisions of this Declaration, which terms and provisions shall remain binding and enforceable. 9. ' Covenants for Benefit of City and Agency. All covenants without regard to technical classification or designation shall be binding for the benefit of the Covenantee and the City of La Quinta (the "City") and such covenants shall run in favor of the Covenantee and the City for the entire period during which such covenants shall be in force and effect, without regard to whether the Covenantee or the City is or remains an owner of any land or interest therein to which such covenants relate. The Covenantee and the City, in the event of any breach of any such covenants, shall have the right to exercise all the rights and remedies and to maintain any actions at law or suits in equity or other proper legal proceedings to enforce and to cure such breach to which it or any other beneficiaries of these covenants may be entitled during the term specified for such covenants, except the covenants against discrimination which may be enforced at law or in equity at any time in perpetuity. 10. Notices. Demands and Communications Written notices, demands and communications between the Covenantor and the Covenantee shall be sufficiently given if delivered by hand or dispatched by registered or certified mail, postage prepaid, return receipt requested, as follows: Covenantor: The Spanos Corporation 3773 Howard Hughes Parkway, Suite 590S Las Vegas, Nevada 89109 Attn: Covenantee: La Quinta Redevelopment Agency Attention: Executive Director 78-495 Calle Tampico La Quinta, California 92253 Such addresses for notice may be changed from time to time upon notice to the other party. Any written notice, demand or communication shall be deemed received 199 immediately if delivered by hand and shall be deemed received on the fifth (5th) calendar day from the date it is postmarked if delivered by registered or certified mail. 02 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartments.wpd 89 11. Expiration Date. This Declaration shall automatically terminate and be of no further force or effect as of thirty (30) years from the date this Declaration is recorded. IN WITNESS WHEREOF, the Covenantee and Covenantor have caused this instrument to be executed on their behalf of their respective officers hereunto duly authorized as of the date set forth above. THE LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic By: THOMAS P. GENOVESE, Executive Director "COVENANTEE" ATTEST: SAUNDRA L. JUHOLA, Agency Secretary (Agency's and Owner's Signature must be acknowledged by a Notary Public) THE SPANOS CORPORATION "COVENANTOR" or DEVELOPER" 2 0-0 093 CAMy Documents\WPDOCS\Agnnt-Spanos - AFA - Apartmentsmpd 90 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA,. THAT PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 29, TOWNSHIP 5 SOUTH, RANGE 7 EAST, S.B.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST ONE - QUARTER OF SECTION 29; THENCE NORTH 000 20' 08" WEST ALONG THE WESTERLY LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 1087.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 890 51' 38" EAST A DISTANCE OF 1115.00 FEET; THENCE SOUTH 000 20' 08" EAST PARALLEL WITH SAID WESTERLY LINE A DISTANCE OF 580.00 FEET; THENCE NORTH 890 51' 38" WEST A DISTANCE OF 1115.00 FEET TO A POINT ON SAID WESTERLY LINE; THENCE NORTH 000 20' 08" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 580.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES OVER THE WESTERLY 55.00 FEET OF SAID DESCRIBED . . PARCEL. ALSO EXCEPTING THEREFROM AN EASEMENT FOR LANDSCAPE AND PEDESTRIAN PURPOSES OVER THE EASTERLY 20.00 OF THE WESTERLY 75.00 FEET OF SAID DESCRIBED PARCEL. SUBJECT TO EXISTING EASEMENTS OF RECORD. COMPRISING 14.845 ACRES OF GROSS AREA, 13.847 ACRES OF NET AREA, MORE OR LESS. 201 94 CAMy Documents\WPDOCSWgrmt-Spanos - AFA - Apartments.wpd 91 ATTACHMENT NO. 9 CERTIFICATE OF COMPLETION RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: LA QUINTA REDEVELOPMENT AGENCY ) 78-495 Calle Tampico ) La Quinta, California 92253 ) Attn: Executive Director ) Space above for Recorder's use. CERTIFICATE OF COMPLETION OF CONSTRUCTION AND DEVELOPMENT WHEREAS, by an Affordable Housing Agreement dated , 19_, by and between the LA QUINTA REDEVELOPMENT AGENCY, a public body, corporate and politic (hereinafter referred to as the "Agency") and THE SPANOS CORPORATION (collectively referred to as the "Developer"), the Developer has constructed improvements upon the real property (the "Site"), legally described on the Attached Exhibit "A", by constructing or causing to be constructed the improvements thereon according to the terms and conditions of said Affordable Housing Agreement (the "Agreement"); and WHEREAS, pursuant to Section 315 of the Agreement, promptly after completion of the Improvements the Agency shall furnish the Developer with a Certificate of Completion upon written request therefor by the Developer; and WHEREAS, the issuance by the Agency of the Certificate of Completion shall be conclusive evidence that the construction of the Improvements conforms to the Agreement; and WHEREAS, the Developer has requested that the Agency furnish the Developer with the Certificate of Completion; and WHEREAS, the Agency has conclusively determined that the construction of the Improvements conforms to the Agreement; NOW, THEREFORE: 1. As provided in the Agreement, the Agency does hereby certify that the construction of the Improvements required to be constructed on the Site described in Exhibit "A" hereto has been satisfactorily performed and completed and that such development and construction work complies with the Agreement. 202 05 CAMy Documents\WPDOCS\Agrmt-Spanos - AFA - Apartmentsmpd 92 . 2. This Certificate of Completion does not constitute evidence of compliance with or satisfaction of any obligation of the Developer to any holder of a mortgage or any insurer of a mortgage security money loaned to finance the work of construction if improvements and development of the Site, or any part hereof. This Certificate of Completion is not a notice of completion as referred to in Section 3093 of the California Civil Code. 3. This Certificate of Completion does not denote completion of any work required to be completed, other than on the Site. 4. The Deed of Trust recorded as Document No. among the official land records of the County of Riverside and those Conditions, Covenants and Restrictions recorded as Document No. among the official land records of the County of Riverside shall remain in full force and effect. IN WITNESS WHEREOF, the Agency has executed this Certificate as of this day of 119. LA QUINTA REDEVELOPMENT AGENCY THOMAS P. GENOVESE, Executive Director ATTEST: SAUNDRA L. JUHOLA, Agency Secretary 203 00 CAMy Documents\WPDOCS\Agnnt-Spanos - AFA - Apartmentsmpd 93 ATTACHMENT #1 SUMMARY REPORT FOR THE AFFORDABLE HOUSING AGREEMENT FOR APARTMENTS BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE SPANOS CORPORATION JULY 20, 1999 INTRODUCTION The La Quinta Redevelopment Agency ("Agency") is contemplating an Affordable Housing Agreement ("Agreement") with The Spanos Corporation ("Developer") to facilitate the development of 200 residential apartment units, of which 20 units would be affordable to low and moderate income families ("Development"). The Development would be located on a 14.2-acre parcel located northeast of the intersection of 48t" Avenue and Adams Street in La Quinta Redevelopment Project No. 2 ("Site"). As part of this transaction, the Developer will transfer a 10-acre parcel generally located southwest of the corner of 471h Avenue and Adams Street ("Developer Property") to the Agency for the Site. This document is the Summary Report ("Report") for the Agreement and has been prepared pursuant to Section 33433 of the California Health and Safety Code (the California Community Redevelopment Law or "Community Redevelopment Law"). This Report presents the following: I. A summary of the proposed Development. II. The cost of the Agreement to the Agency. III. The estimated value of the interest to be conveyed determined at the highest and best uses permitted by the Agency's Project No. 2 Redevelopment Plan. IV. The estimated value of the interest to be conveyed determined at the use with the conditions, covenants, and development costs required by the Agreement. V. An explanation of why the sale of property pursuant to the Agreement will assist in the elimination of blight. I. THE DEVELOPMENT PROPOSAL City and Agency Housing Mandates Both the City of La Quinta ("City") and the Agency are mandated by the State Planning and the Community Redevelopment Laws to continually seek opportunities that increase and improve the supply of housing affordable to very low, low, and moderate income 204 households. State Planning Laws mandate that the City pursue a housing mix thtt CAMy Documents\WPDOCS\SUMMARRpt-Spanos.doc accommodates both local and regional housing demand for affordable dwellings. The Community Redevelopment Law provides that the Agency must pursue the production of affordable housing units within the Agency's two redevelopment project areas. Said Law further mandates that a minimum of 15% of all new and rehabilitated dwelling units within these project areas be affordable to very low, low, and moderate income households, and that these dwellings feature covenants that maintain their affordability for a minimum of 30 years. If the Agency does not implement this housing mandate, then the Agency's nonhousing redevelopment revenue may be withheld. The Site The Site is part of a larger 50-acre parcel that the Agency purchased in 1995. At that time, the Agency was seeking to reserve property for future affordable housing development and to facilitate quality development on property that would be difficult to develop. Site development constraints include greater infrastructure needs, topography variations that require significant cut and fill, and utility easements that reduce the developable area. The Site is bounded by vacant property to the north and east, slated for commercial and residential uses, respectively, and the Lake La Quinta and Rancho La Quinta residential and resort developments to the west and south. The Agency is currently negotiating an affordable housing agreement for the remaining 35.6 acres of the 50-acre parcel that contemplates 99 one-story single-family dwellings and related neighborhood improvements. Per the Agreement, the Agency will exchange the Site for the Developer Property to facilitate the Development. Initially, the Developer proposed a similar multifamily development (without an affordable housing component) on the Developer Property, but the community raised concerns regarding compatibility with adjoining residential uses. In an effort to resolve this conflict, the Agency initiated discussions with the Developer that led to the favorable relocation of their development proposal to the Site, and the inclusion of affordable housing units. The Development The Developer proposes to construct 200 two-story rental apartment units. The dwellings will range from 792 to 1,121 square feet in size, with 136 one- and 64 two -bedroom units. Site amenities will include controlled access, landscaped open space areas, a pool, and other recreation facilities. Enclosed garages and carports will house the residents' vehicles. The Development will be constructed in one phase. In order to increase the community's supply of affordable rental units, the Developer will reserve 20 units as affordable housing for low and moderate income households; 10 units will be affordable to moderate income households and 10 units affordable to low income households. Per the Agreement, these units will remain affordable to said households for 30 years. 0 CAMy Documents\WPDOCS\SUMMARRpt-Spanos.doc II. THE COST OF THE AGREEMENT TO THE AGENCY The total cost of the Agreement to the Agency is $300,000; $82,277 to compensate the Developer for the difference between the fair market appraised value of the Developer Property and the Site (a May 18, 1999 appraisal by MacKenzie, Wagner & Associates commissioned by the Agency concluded that the Developer Property is worth $1,200,000 while the Site is worth $1,117,723), and $217,723 to cover planning, public agency fee and off -site improvement costs related to the 20 affordable units. The property exchange (the Site for the Developer Property) will provide the Agency with 10 acres of property that zoned for residential uses. No plans have been discussed for the disposition of the Developer Property at this time. Source and Cost of Agency Funds The $300,000 of assistance will be funded with proceeds from the Agency's 1995 Housing Bond. The Agency issued approximately $22.5 million in bonds secured by the 20% housing fund revenues from both of the Agency's Redevelopment Projects. The Bonds are for a term of 30 years and are at an average coupon interest rate of 6%. Based upon these terms, the $300,000 of Housing Bond proceeds pledged to underwrite the Agreement will cost the Agency an estimated $750,720 in bond interest expense. Thus, the total cost of the Agreement to the Agency is projected to be $1,050,720. III. ESTIMATED VALUE OF INTEREST TO BE CONVEYED The Agency commissioned an appraisal of the Site in the spring of 1999. The appraisal was delivered on May 18, 1999 and established a fair market value for the Site of $78,712 per acre or $1,117,723. IV. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED, DETERMINE AT THE USE WITH THE CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE AGREEMENT The Agreement provides that the Developer will reserve 20 units at rents affordable to low and moderate income households for 30 years. Ten units will be reserved for moderate income households and ten units for low income households. At this time, rents affordable to moderate income households in Riverside County are equal to the rents that the Developer proposes to charge for one- and two -bedroom units. However, the current affordable rents for low income households range from $566 to $638 per month for one - and two -bedroom units, respectively. The Developer's market research indicates that the La Quinta rental market will support rents for like units of $865 to $1,100. The capitalized value of the rental income (at a 10% capitalization rate) from the 10 low income units indicates a value of $679,200 versus a value for like non -affordable restricted units of $1,038,000, or a difference of $358,800. This valuation variance translates into a reduced amount of funds the Developer may secure to underwrite Site improvement and Development construction costs. The Agency assistance of $217,723 will aid the 206 Developer in covering this shortfall. 09 CAMy Documents\WPDOCS\SUMMARRpt-Spanos.doc V. EXPLANATION OF WHY THE SALE OF THE PROPERTY PURSUANT TO THE AGREEMENT WILL ASSIST IN THE ELIMINATION OF BLIGHT The Development will address the following reasons for establishing the La Quinta Redevelopment Project No.2: Infrastructure Improvements. The Development will result in the construction of a storm water detention basin and other improvements that will channel storm water runoff to local and regional flood control facilities. Further, the Development will result in improvements to the street system that serves the Project Area, thus eliminating infrastructure deficiencies. Flood control and infrastructure deficiencies were the primary blighting conditions that led to the establishment of the Project No.2. Removal of Impediments to Development. The land and infrastructure assistance provided through the Agreement will make it possible for affordable housing units to be developed within the Project Area. Further, the Agency's acquisition and subsequent conveyance of the Site facilitates the development of property that is otherwise difficult to develop. Infrastructure improvements and grading required increase development costs. Further, the adjacent auto mall reduces the desirability to develop the Site for residential uses. Finally, the Development will generate jobs during the construction phase, and will generate additional demand for products and services when the units are occupied. Increasing and Improving the Supply of Affordable Housing. The Development will result in the construction of housing units that will be affordable to low and moderate income households. 207 100 CAMy Documents\WPDOCS\SUMMARRpt-Spanos.doc Tiht °F4Q�w AGENDA CATEGORY: BUSINESS SESSION: COUNCIL/RDA MEETING DATE: August 3, 1999 CONSENT CALENDAR: STUDY SESSION: A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Agreement to PUBLIC HEARING: Sell Real Property Located at 52-050 Avenida Mendoza by and Between Jose and Maria Chicas and the La Quinta Redevelopment Agency and Authorization for the Executive Director to Execute the Necessary Documents RECOMMENDATION: Approve the sale of the property located at 52-050 Avenida Mendoza to maintain an affordable housing unit in Project Area No. 1 for a price of $92,650 and authorize the Executive Director to execute the necessary documents to complete the property sale. FISCAL IMPLICATIONS: The Agreement will result in the following fiscal impacts: Resale Proceeds: The Redevelopment Agency will receive approximately $63,500 in cash proceeds from this transaction, and the buyers will reinstitute the Agency's previous second trust deed of $26,650 which will be rerecorded on the property in favor of the Agency. Operation Costs: In August 1998, the Agency approved an expenditure of $66,355.37 for acquisition of the property, and an expenditure of up to $20,000 to correct damages. The housing unit has been rehabilitated to correct existing damage at a total cost of $5,965. BACKGROUND: The Agency acquired the property at a foreclosure sale to protect the Agency's second trust deed in the amount of $26,650 and the associated Affordability Covenants. This particular property was part of the Coachella Valley Housing Coalition Sweat Equity Program. The previous owners actively participated in the construction of the property, contributing the equivalent of $19,350 in work effort. As the owners were unable to maintain the first trust deed, the property went into foreclosure and in October 1998, the City purchased the property at a foreclosure sale. The previous owner vacated the property in February 1999. CAMy Documents\WPDOCS\ccjh-RDA-sale-Mendoza.wpd 208 Property Resale: The sale transaction will be structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed will buy down the difference between the market sales price and an affordable first trust deed mortgage. The unit will be sold at a market value of $92,650. As proposed purchasers, Jose and Maria Chicas who qualify as a low income household, will have a maximum first trust deed mortgage of $63,220. The Agency will convert $26,650 of its existing equity in the property into a second trust deed loan, leaving a remainder of $2,780 (3%) as the purchaser's down payment. A more detailed Summary Report is attached (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the Redevelopment Agency include: 1. Approve the sale of the property located at 52-050 Avenida Mendoza to maintain an affordable housing unit in Project Area No. 1 for a price of $92,650 and authorize the Executive Director to execute the necessary documents to complete the property sale; or 2. Do not approve the request to sell this property, and instead, place the unit in the Rental Housing Program; or 3. Provide staff with alternative direction. Respectfully submitted, Hern)l3n nun* y Development Director Approved for submission by: Thomas P. Genovese, Executive Director Attachment: 1. Summary Report 209 CAMy Documents\WPDOCS\ccjh-RDA-sale-Mendoza.wpd ATTACHMENT 1 SUMMARY REPORT FOR THE PROPOSED SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND JOSE CHICAS AND MARIA CHICAS August 3,1999 INTRODUCTION This document is the Summary Report ("Report") for the proposed sale between the La Quinta Redevelopment Agency ("Agency") and Jose Chicas and Maria Chicas ("Buyer"). The purpose of the Sale Agreement ("Agreement") is to facilitate the sale by the Agency of a single-family dwelling to the Buyer. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: I. A summary of the proposed transaction. II. The cost of the sale to the Agency. III. The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. IV. The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. V. An explanation of why the Property, pursuant to the Agreement, will assist in the elimination of blight. SUBJECT PROPERTY The Subject Property ("Property") is a 4-bedroom, 2-bath single-family dwelling located at 52-050 Avenida Mendoza within La Quinta Redevelopment Project Area No. 1. THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will facilitate the sale of the Property to the Buyer, who will subsequently occupy the dwelling. The sales price is $92,650, of which approximately $2,780 is the Buyer's down payment, $63,220 will be financed through the Buyer's first trust deed mortgage, and $26,650 of the Agency's equity in the Property will be converted into an affordable housing second trust deed. This second trust deed will include covenants to insure that the Property will remain affordable to a qualified low-income family for a minimum of 30 years. The monies required to fund the Agency's second trust deed were expended in October, 1998, when the Agency purchased this unit in order to secure the existing affordability covenants. A portion of these purchase monies (approximately $63,500) will be repaid to the Agency through the Buyer's down payment and first trust deed mortgage; the remaining funds will stay in place to fund the 20 re CAMy DocumentsMPDOMSummary report - 52-050 Mendoza.doc 0 0 11 Agency's second trust deed mortgage and closing cost contribution. This transaction also includes the Agency's current expenditure of approximately $12,000 in correcting property deficiencies, which includes an allowance to install front yard landscaping. All existing landscape is dead and must be replaced at the close of escrow. I. History of Property This Property was previously a part of the Agency/CVHC affordable housing subsidy program. In October, 1998, the Agency purchased the unit at a foreclosure sale. Including the Agency's original investment for the housing subsidy program, and the cost of the outstanding liens and rehabilitation costs, the Agency's investment is approximately $81,000 in this unit. This Property has been vacant since February 18, 1999. In June, 1999, the Buyer expressed an interest in purchasing the unit. Since that time, the Buyer was approved by Countrywide Home Loans for a mortgage up to the amount of $68,000. The Buyer is a low income household. II. The Cost of the Sale to the Agency To date, the Agency has a total of approximately $78,400 invested in the Property. The initial sales contract with the Buyer provided for a purchase price of $92,650. Under this proposed transaction, the Agency's investment will be treated as follows: Total Agency Investment: $81,000 Buyer Down Payment: $2,780 Buyer First Trust Deed Monies Paid to Agency: $63,220 Agency Affordable Housing Second Trust Deed: $26,650 Unfunded Agency Investment: $0 III. Estimated Value of the Interest to be Conveyed, Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. The Agency's consultant commissioned a real property appraisal to determine the Property's current market value. The appraisal, dated June 1, 1999, indicates a current fair market value of $91,000. This value coincides with other similarly sized units in the Cove. IV. Estimated Value of the Interest to be Conveyed, Determined at the Use With the Conditions, Covenants, and Development Costs Required by the Agreement The Agreement provides that the Property will be sold at $92,650, which reflects a fair market value. 211 CAMy Documents=PDOMSummary report - 52-050 Mendoza.doc `5 V. Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the Elimination of Blight The Agreement provides for the sale of the Property and the recordation of affordability covenants that will insure its continued affordability to a low-income household for 30 years. Thus, the transaction will insure the continued affordability of a single-family dwelling to a low-income household. 212 C1My Documents\WPDOCS\Summary report - 52-050 Mendoza.doc w 6 Tit!t 4 4 Qum& COUNCIL/RDA MEETING DATE: August 3, 1999 A Joint Public Hearing Between the City Council and Redevelopment Agency to Approve an Agreement to Sell Real Property Located at 52-085 Avenida Alvarado by and Between Terri Orosco and the La Quinta Redevelopment Agency and Authorization for the Executive Director to Execute the Necessary Documents RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the sale of the property located at 52-085 Avenida Alvarado to maintain an affordable housing unit in Project Area No. 1 for a price of $85,000 and authorize the Executive Director to execute the necessary documents to complete the property sale. FISCAL IMPLICATIONS: The Agreement will result in the following fiscal impacts: Resale Proceeds: The Redevelopment Agency will receive approximately $58,295 in cash proceeds from this transaction, and a new second trust deed of $25,000 will be placed on the property in favor of the Agency. BACKGROUND: In August, 1995, the Agency, in order to protect it's investment, acquired 50 single family homes as a result of the Coachella Valley Land bankruptcy filing and pending foreclosure action. These units were converted into very low income rental units. The Agency's cost to acquire the 50 housing units averaged $86,500 per unit. On February 17, 1998, the Agency authorized the sale of up to two (2) units per year. As directed, staff first offered one of the units to the existing tenant, Terri Orosco, who qualifies as low income. As she accepted, no further offers were made. Property Resale: The sale transaction will be structured as other Agency affordable housing projects, wherein the existing Agency -funded silent second trust deed will cover the difference between the market sales price and an affordable first trust deed mortgage. CAMy Documents\WPDOCS\CCJH.RDA-sale-Alvarado.wpd 213 The proposed purchaser qualifies as very low income. Therefore, selling the unit at market value, $85,000, will result in a maximum first trust deed mortgage of $57,450. The Agency would convert $25,000 of its existing equity in the property into a second trust deed loan, leaving a remainder of $2,550 (3%) as the purchaser's down payment. This unit qualifies as substantially rehabilitated and, therefore, can be counted toward meeting the Agency's inclusionary housing requirement. A Summary Report is attached (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the Redevelopment Agency include: Approve the sale of the property located at 52-085 Avenida Alvarado to maintain an affordable housing unit in Project Area No. 1 for a price of $85,000 and authorize the Executive Director to execute the necessary documents to complete the property sale; or 2. Do not approve the request to sell this property, and instead, retain the unit in the Rental Housing Program; or 3. Provide staff with alternative direction. Respectfully sub Herrman munity Development Director Approved for submission by: Thomas P. Genovese, Executive Director Attachment: 1. Summary Report 4 CAMy Documents\WPDOCS\CCJH.RDA-sale-Alvarado.wpd 0 002 ATTACHMENT 1 SUMMARY REPORT FOR THE PROPOSED SALE AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND TERRI OROSCO August 3, 1999 INTRODUCTION This document is the Summary Report ("Report") for the proposed sale between the La Quinta Redevelopment Agency ("Agency") and Terri Orosco ("Buyer"). The purpose of the Sale Agreement ("Agreement") is to facilitate the sale by the Agency of a single-family dwelling to the Buyer. This Report has been prepared pursuant to Section 33433 of the California Health and Safety Code ("California Community Redevelopment Law") and presents the following: I. A summary of the proposed transaction. II. The cost of the sale to the Agency. III. The estimated value of the interest to be conveyed, determined at the highest and best uses permitted by the Agency's Redevelopment Plan. IV. The estimated value to be conveyed, determined by the use and with the conditions, covenants, and development costs required by the Agreement. V. An explanation of why the Property, pursuant to the Agreement, will assist in the elimination of blight. SUBJECT PROPERTY The Subject Property ("Property") is a 3-bedroom, 2-bath single-family dwelling located at 52-085 Avenida Alvarado within La Quinta Redevelopment Project Area No. 1. THE TRANSACTIONS PROVIDED FOR BY THE AGREEMENT The Agreement will facilitate the sale of the Property to the Buyer, who will subsequently occupy the dwelling. The sales price is $85,000, comprised of approximately $2,550 in the Buyer's down payment, $57,450 will be financed through the Buyer's first trust deed mortgage, and $25,000 of the Agency's equity in the Property will be converted into an affordable housing second trust deed. This second trust deed will include covenants to insure that the Property will remain affordable to a very low-income family for a minimum of 30 years. 215 CAMy Documents\WPDOCS\Summary report - Alvarado.doc 004 The monies required to fund the Agency's second trust deed were expended in August, 1995, when the Agency purchased this unit in order to secure its investment through an Affordable Housing Agreement with Coachella Valley Land. A portion of the purchase monies (approximately $60,000) will be repaid to the Agency through the Buyer's down payment and first trust deed mortgage; the remaining funds will stay in place to fund the Agency's second trust deed mortgage and closing cost contribution. I. History of Property This Property is currently a part of the Agency Rental Property Purchase Program. In May, 1998, the Agency offered this property to the tenant for purchase and the Buyer expressed an interest in purchasing the unit. Since that time, the Buyer was approved by ProFed Mortgage for a mortgage up to the amount of $57,450. The Buyer is a very low income household. II. The Cost of the Instructions to the Agency To date, the Agency has a total of approximately $86,500 invested in the Property. The initial sales contract with the Buyer provided for a purchase price of $85,000. Under this proposed transaction, the Agency's investment will be as follows: Total Agency Investment: Buyer Down Payment $86,500 $2,550 Buyer First Trust Deed Monies Paid to Agency: $57,450 Agency Affordable Housing Second Trust Deed: $25,000 Unfunded Agency Investment: $0 III. Estimated Value of the Interest to be Conveyed, Determined at the Highest and Best Uses Permitted by the Agency's Redevelopment Plan The Redevelopment Plan for La Quinta Redevelopment Project No. 1 provides that the Property shall be used for low -density residential development. The Agency's consultant commissioned a real property appraisal to determine the Property's current market value. The appraisal, dated April 13, 1999, indicates a current fair market value of $85,000. This value coincides with other similarly sized units in the Cove. IV. Estimated Value of the Interest to be Conveyed, Determined at the Use With the Conditions. Covenants, and Development Costs Required by the Agreement The Agreement provides that the Property will be sold at the current market value of $85,000, which reflects the fair market value. 216 CAMy Documents\WPDOCS\Summary report - Alvarado.doc 005 V. Explanation of Why the Sale of the Property Pursuant to the Agreement will Assist in the Elimination of Blight The Agreement provides for the sale of the Property and the recordation of affordability covenants that will insure its continued affordability to a low-income household for 30 years. Thus, the transaction will insure the continued affordability of a single-family dwelling to a low-income household. 217 CAMy Documents=PDOMSummary report - Alvarado.doc 006