22 K. Cost Proposal
The fee for completion of this work is $100,000, plus expenses, with total costs not to exceed $110,000. If we are selected based on our approach, qualifications, and experience, our team will work with the City to align the scope with the financial resources available for the execution of this project.
Fees
Per the RFP, we expect to bill on an hourly basis. The breakdown shown below is an estimate and is intended to reflect anticipated level of effort.
NUMBER OF HOURS BY POSITION
Principal SVP/VP/Sr Professional Associate
$275 $200 $150 $125 Hours Fees
•
TOTAL
Discovery 40 65 80
0 185 $36,000
Opportunity 35 60 75
0 170 $32,875
Implementation 35 55 70
0 160 $31,125
Total 110 180 225
0 515 $100,000
Expenses
Expenses are subject to approval and are billed at cost. They include custom data purchases (if any) and travel and lodging associated with conducting this work.
• Travel. We anticipate a combination of virtual and in -person meetings for this work. The not -to -exceed amount provided above assumes between three to four in -person trips to the region. The per unit cost shown below are estimates only. Actual trips may include a mix of travel modes and varying levels of staffing, travel days, etc. The timing and number of trips would be discussed as part of the development of a project work plan.
• Deliverables. All deliverables will be in electronic format. If requested, TIP can provide printed copies at cost. All deliverables will be provided in TIP's color scheme and fonts unless custom branding is agreed upon in advance.
ESTIMATED TRAVEL EXPENSES PER TRIP
PER UNIT COST
TOTAL
Airfare (roundtrip fare for 2 staff members) $490 $980
Parking
$20 $120
Car rental/ground transportation $100 $300
Meals & incidentals
$50 $300
Lodging (2 nights) $200 $800
Total Estimated Expenses Per Trip $2,500
rm
516 of 1893
23 L. Current Contracts
tatus Client
n
Service (Contract
Anticipated End Date
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Current
Cobb, Fendley & Associates, Inc.
(Subcontractor on project w/ Texas
Comptroller of Public Accounts)
Fresno County, CA
Workforce Solutions Greater Dallas
(TX)
Workforce Solutions Rural Capital
Area (TX)
Cooper's Steel Fabricators, Inc /
Shelbyville/Bedford TN
Alexandria Economic Development
Partnership (VA)
Invest Aurora / Elevate Aurora (IL)
Fort Collins Area Chamber of
Commerce (CO)
Prince William County, VA
Indian River County, FL
Greater Brownsville Incentives
Corporation (TX)
University of North Texas
Tampa Bay Economic Development
Council (FL)
City of Grand Prairie, TX
Greater St Louis, Inc. (MO)
Frederick County, MD
Current City of College Station, TX
Broadband Network Planning and
Design Consulting
Comprehensive Economic
Development Strategy (CEDS)
Three-year Strategic Plan
Data Study
Community Impact Economic
Development Blueprint
Economic Development Strategic
Framework and Summit
Strategic Plan
Workforce Data Profile
Workforce Development Study
Economic Development Strategic
Action Plan
Economic Development Strategic Plan
Workforce Demand Analysis
Economic Development Strategic Plan
Target Industry Analysis
Advanced Manufacturing National
Horizon Scan & Technical Report
Economic Opportunity Strategic
Action Plan
Economic Development Master Plan
Update
December 2026
August 2025
July 2025
July 2025
September 2025
September 2025
August 2025
July 2025
August 2025
September 2025
September 2025
July 2025
October 2025
July 2025
October 2025
November 2025
January 2026
CITY OF BEAUMONT • Economic Development Si[ he is P!an bpd to
24 M. Additional Information: Our Differentiators
Our decades -long experience in strategic planning for economic and workforce development, combined with hands- on program management experience, brings significant value to the City's efforts. • PROVEN TRACK RECORD. We have an extensive national portfolio comprised of more than 600 engagements in 44 states and 7 countries, including strategic planning projects in California. TIP's work in the state includes engagements for the cities of San Luis Obispo and Rancho Cordova, Fresno County, and REACH (Santa Barbara and San Luis Obispo Counties).
• HIGH -GROWTH EXPERTISE. Our team has national expertise in strategic planning for rapidly growing communities like Beaumont. Examples of our work for fast -growth communities include projects for Sahuarita, Arizona (Tucson area); Forsyth County, Georgia (Atlanta area); Georgetown, Texas (Austin area); and Redmond, Washington (Seattle area).
• INNOVATIVE SOLUTIONS. Our expansive portfolio affords understanding of national and international best practices, command of the latest industry trends, and close relationships with real estate professionals and corporate site selectors across the US. We leverage this deep well of knowledge to create innovative solutions that give our clients a competitive edge.
• CROSS -FUNCTIONAL ENGAGEMENT. We engage the appropriate groups to gather meaningful information, raise awareness of economic issues, and build support for the outcomes. TIP's projects are typically guided by leadership teams comprised of representatives from multiple jurisdictions and areas of interest, including corporations, economic development, higher education, and workforce. We know how to balance competing interests and identify shared goals within communities and organizations to create consensus -based visions for the future.
• HOLISTIC APPROACH. Our years of experience and national portfolio have taught us that Talent, Innovation, and Place are essential to economic resilience and prosperity. We recognize that investment decisions consider a range of factors, including the available workforce, the presence of well -prepared sites, a climate that fosters innovation, and a quality of place that will support the retention and recruitment of talent. Rooted in the understanding that economic vitality is dependent on these three key factors, our holistic approach provides future -ready strategies that ensure communities are prepared to compete for businesses, people, and funding successfully.
• CUSTOMIZED DELIVERABLES. We pride ourselves on providing data -driven insights, which means translating large amounts of information and ideas into practical tools customized for the client to aid in their decision -making. We provide visually stimulating and professional documents and interactive data visualizations that tell a story and speak to all audiences, providing the clear and intentional direction that is pivotal to successful implementation.
In short, our team has the capability, creativity, and commitment to get it right. Hiring TIP to lead your strategy process will result in 1) a shared vision for economic resilience; 2) clear strategies to support the vision; and 3) an actionable plan for moving forward.
CITY OF BEAUMONT • Economic Development Si[ he is 7!an l Jpd to
25 N. Insurance
TIP maintains professional liability insurance, including liability at a minimum of one million per occurrence, worker's compensation, and vehicle coverage including comprehensive and collision insurance. At the time of contract execution, a certificate of insurance naming the City of Beaumont as additional insured will be in provided and in force.
CITY OF BEAUMONT • Economic Development Sir -he ir ?!an l bpd to
BEAUMONT
BEAUMONT
550 E. 6th Street
Phone (951) 572-3236
BeaumontCa.gov
City of Beaumont
Addendum #1
RFP: ECONOMIC DEVELOPMENT STRATEGIC PLAN
Questions & �us e►-il
1. So that we can best tailor our response, can you share the budget range that has been established for this project?
➢ A budget range has not been established.
2. Can you clarify the submittal instruction in section 11 - "11. SUBMITTAL One (1) color digital pdf copy of the proposal with cost must be submitted no later than 12:00 p.m. July 11, 2025 to planetbids. Postmarks and faxes are not acceptable. Proposal must be titled "RFP Professional Services for BEAUMONT ECONOMIC DEVELOPMENT STRATEGIC PLAN UPDATE." Once submitted, proposals, including the composition of the consulting staff, cannot be altered without prior written consent of the City. All submitted materials shall become the property of the City of Beaumont. All costs associated with preparation of any proposal shall be the sole responsibility of the proposer. Each proposal shall be limited to a maximum of 25 pages, using minimum 12 - point font size. Electronic submittals of the proposal will not be accepted." The last sentence states Electonic submittals will not be accepted. ➢ Please ignore the language in regard to not accepting electronic submittals. Please submit 1 electronic color pdf copy of your proposal and the cost proposal by 12:00 pm July11,2025 on planetbids
➢ Please name the title of the proposal "RFP Professional Services for BEAUMONT ECONOMIC DEVELOPMENT STRATEGIC PLAN UPDATE.
➢ All costs associated with preparation of any proposal shall be the sole responsibility of the proposer.
• Please note: Once submitted, proposals, including the composition of the consulting staff, cannot be altered without prior written consent of the City. All submitted materials shall become the property of the City of Beaumont. ➢ Each proposal shall be limited to a maximum of 25 pages, using a minimum 12 - point font size.
3. Will the City be providing a budget range for this engagement? Having that guidance would be very helpful as we scope the project.
• A budget range has not been established
4. Page 8 of the RFP states the cost of services should be provided in a "separate sealed envelope" while Page 10 states "One (1) color digital pdf copy of the proposal with cost must be submitted...to planetbids." Additionally, Page 9, Section 11 says "Electronic submittals of the proposal will not be accepted" but earlier in the section the direction is to submit via PlanetBids. Could you kindly confirm that submittal is via PlanetBids and clarify if the cost of services needs to be included in a separate PDF file from the main proposal?
1/28/2025
BEAUMONT
BEAUMONT
550 E. 6th Street
Phone (951) 572-3236
BeaumontCa.gov
City of Beaumont
➢ Please ignore the language in regards to not accepting electronic submittals.
Please submit 1 electronic color pdf copy of your proposal and the cost proposal by 12:00 pm July11,2025 on planetbids.
➢ Costs can be submitted along with the technical proposal on planetbids.
5. Page 9 Section 11 Submittal states that "Each proposal shall be limited to a maximum of 25 pages, using minimum 12 -point font size." Does the page limit include the table of contents and appendices?
➢ Yes
6. Will the City accept a fixed monthly installment payment schedule? ➢ No
7. Is there an ideal timeline for this project?
• An ideal timeline would not exceed 9 months in total.
8. On page 5, Item E. c. in the Scope of Work, could you clarify how the City defines "mobile services"?
➢ "Mobile services" include professional and other services that are provided from a non -fixed location. Examples include but are not limited to: pet grooming, automotive cleaning and detailing, beauty services, notary public services, and other professional services.
9. Our firm would like to work with a third -party contractor, but we've only completed two previous projects together. How rigid is the three previous projects requirements? • City would accept two previous projects for this requirement.
10. Can you provide any information on the budget for this project? ➢ No — see response to Question No. 1
11. 10 K under the proposal requirements indicates that the cost proposal is to be provided "in a seperate sealed envelope". Can you clarify how the cost proposal is to be submitted? Thank you.
➢ Please ignore the language in regard to not accepting electronic submittals. Please submit 1 electronic color pdf copy of your proposal and the cost proposal by 12:00 pm July11,2025 on planetbids.
• Costs can be submitted along with the technical proposal on planetbids.
Acknowledgement of Addendum #1 (To be included with proposal) 7;;*Livt a-64
Signature
Tom Stellman
Print Name
07/07/2025
Date
1/28/2025
rin STRATEGIES
512.343.9113 I TIPStrategies.com 113492 N Hwy. 183, Ste 120-254, Austin, TX 78750
City of Beaumont Agreement #
C25-105
EXHIBIT "C"
CERTIFICATES OF INSURANCE AND ENDORSEMENTS
(insert behind this page)
AWARE, CERTIFICATE OF LIABILITY INSURANCE
-
DATE (MM DDYYYY)
08/13/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER PATRICK WATKINS
IAAT INC
PO BOX 1188
MINEOLA, TX 75773
CONTACT DAN FERCH
AIC No.Ext):512 750 9546 I FA's (A/C No):
M
ADD cress: DAN @FERCH INSURAN UPCO O CEGR .
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A:HANOVER INS CO
INSURED TIP STRATEGIES, INC.
8459 LYNDON LANE
AUSTIN, TX 78729
INSURER .B:SENTINEL INSURANCE COMPANY LTD
INSURERC:
INSURERD:
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTA N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
LIMITS
B
X
COMMERCIAL GENERAL
LIABILITY
X OCCUR
X
X
65 SBA NZ6001 SC
8/27/24
8/27/25
EACH OCCURRENCE
$ 2,000,000
CLAIMS -MADE
AMAGE TO RENTED
PREM PREMISES Ea occurrence)
$ 1,000,000
1000 DEDUCTIBLE
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 2,000,000
GEN'L
X
AGGREGATE LIMIT APPLIES PER:
POLICY JERT LOC
OTHER:
GENERAL AGGREGATE
$ 4,000,000
PRODUCTS - COMP/OP AGG
$ 4,000,000
$
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
OWNED
SCHEDULED
AUTOS
NON -OWNED
X AUTOS ONLY
X
X
65 SBA NZ6001 SC
8/27/24
8/27/25
(aaociden SINGLE LIMIT
$ 2,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
B
X
UMBRELLA LAB X OCCUR
EXCESS LIAB CLAIMS -MADE
X
X
65 SBA NZ6001 SC
8/27/24
8/27/25
EACH OCCURRENCE
$ 1,000,000
AGGREGATE
$ 1 ,000,000
DED X RETENTION $ 10000
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N /A.
PER H
SERTUTE ER
E.L. EACH ACCIDENT
EL. DISEASE - EA EMPLOYEE
$
E.L. DISEASE - POLICY LIMIT
$
A
PROFESSIONAL LIABILITY
X
X
LHD J487684 01
9/14/24
9/14/25
2,000,000 EAC OCC
2,000,000 AGGREGATE
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS AN ADDITIONAL INSURED FOR CONTRACT BUSINESS LIABILITY COVERAGE FORM SS0008 ATTACHED TO THIS POLICY. Al ENDORSEMENT APPLIES TO GENERAL LIABILITY AND AUTO POLICY WAIVER OF SUBROGATION IN FAVOR OF CERTIFICATE HOLDER.
30 DAYS NOTICE OF CANCELLATION PROVIDE TO CERTIFICATE HOLDER
POLICY IS PRIMARY AND NONCONTRIBUTORY
THE CITY OF BEAUMONT, ITS ELECTED AND APPOINTED OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY AND AUTO LIABILITY. 30 DAYS' NOTICE OF CANCELLATION TO CERTIFICATE HOLDER, 10 DAYS FOR NON-PAYMENT OF PREMIUM APPLIES.
CERTIFICATE HOLDER
CANCELLATION
CITY OF BEAUMONT
550 E. 6TH STREET
BEAUMONT, CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
PATRICK WATKINS
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
do
Allo�C
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
08/13/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
AUTO DATA PROCESSING INS AGCYINC
76250717
71 HANOVER ROAD
FLORHAM PARK NJ 07932
CONTACT NAME:
PHONE (800) 524-7024
(A/C, No, Ext):
FAX (800) 524-4013
(A/C, No):
E-MAIL ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
INSURER A : Hartford Fire and Its P&C Affiliates
00914
INSURED
TIP STRATEGIES DBA TIP STRATEGIES
8459 LYNDON LN
AUSTIN TX 78729-3706
INSURER B :
INSURER C:
INSURER D :
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUER
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/Y YYY)
LIMITS
COMMERCIAL
GENERAL
LIABILITY
OCCUR
EACH OCCURRENCE
CLAIMS -MADE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GEN'L
AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO-
PER:
LOC
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
AUTOMOBILE
_
LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED
AUTOS
SCHEDULED
AUTOS
NON -OWNED
AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
PROPERTY DAMAGE
(Per accident)
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-
MADE
EACH OCCURRENCE
AGGREGATE
DED RETENTION $
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY Y/N
PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED'?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
76 WBG GE2765
03/26/2025
03/26/2026
X PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE -EA EMPLOYEE
$1,000,000
E.L. DISEASE - POLICY LIMIT
$1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Notice of Cancellation will be provided in accordance with Form WC990394, attached to this policy.
CERTIFICATE HOLDER
CANCELLATION
City of Beaumont
550 E 6TH ST
BEAUMONT CA 92223
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
BEAUMONT
CALIFORNIA -
California Levine Act Statement
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Beaumont City Council Member from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision from the business/board or applicant.
The Levine Act also requires a member of the Beaumont City Council who has received such a contribution to disclose the contribution on the record of the proceeding.
Current Beaumont City Council Members are listed at:
https://www.beaumontca.gov/29/City-Council
Proposers are responsible for accessing this link to review the names prior to answering the following questions.
1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 to any Beaumont City Council Member in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action? YES If yes, please identify the Council Member(s):
X NO
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Beaumont City Council Member in the 12 months following any Council action related to your proposal or application?
YES If yes, please identify the Council Member(s):
X
NO
Answering yes to either of the two questions above does not preclude the Beaumont City Council from awarding a contract or approving an application or any subsequent action. It does however, preclude the identified Council Member(s) from participating in any actions related to your proposal or application.
08/13/2025
Date
Signature of ut orized individual
TIP Strategies, Inc.
Company/Applicant Name
City of Beaumont 1550 E. 6th Street, Beaumont, CA 92223 I (951) 769-8520 I BeaumontCA.gov
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Elizabeth Gibbs, City Manager
Darron Usher, Principal Management Analyst
DATE: September 2, 2025
SUBJECT: Participation in the CalTrans Clean California Community Designation Program
Description: Consider authorizing the Mayor to sign a pledge of participation in the Clean California Community Designation Program led by CalTrans and Keep California Beautiful (KCB).
Background and Analysis:
The Clean California Community Designation Program is a statewide initiative led by Caltrans in partnership with Keep California Beautiful. The program is part of Governor Newsom's $1.2 billion Clean California initiative, which focuses on cleaning and enhancing public spaces across the state.
Through the Designation Program, cities have the opportunity to be recognized as a Clean California Community at no cost. To earn this recognition, a city must sign a participation pledge and complete at least 10 out of 15 program criteria within one year.
These criteria include forming a Clean California committee, hosting community cleanups, conducting litter assessments, providing public education, engaging local businesses, and other related activities.
The attached matrix (Attachment A) outlines the tasks the City currently completes (Tasks 5, 7, 8, 11, 12, and 13) and identifies the tasks the City can complete (Tasks 1, 2, 3, 6, 9, 10, 14, and 15). If Council approves participation, staff will select four additional tasks to fulfill the requirement of completing 10 tasks in total.
Participation in the program will enhance community pride, support environmental stewardship, and strengthen the City's competitiveness when applying for future state and federal grant funding.
For reference, the Program Pledge (Attachment B) and the Community Checklist (Attachment C) are provided.
Fiscal Impact:
The estimated cost of preparing this staff report is $300.
There will be minimal increases in expenses for participating in this program. There could be increases in revenue if the City applies for grants as this clean city designation will strengthen our grant applications.
Recommended Action:
Authorize the Mayor to sign the Clean CA Community Pledge for the City to participate in the Clean California Community.
Attachments:
A. Checklist Task Table
B. Clean California Community Pledge
C. Community Designation Checklist
Exhibit A
Tasks
Currently
Completed
Can
Complete
Completed By (Department/Division)
1. Your community's leader must sign the pledge. For a
town, this could be a mayor. For an organization, it
might be the president or executive director; for a
religious organization, it might be the minister, priest, imam, or rabbi.
X
City Council (Mayor) - Needs to sign
the resolution if approved by the
Council
2. Establish an informal Clean CA committee or some
other advisory body. This could be an existing
committee that you could leverage for Clean CA.
X
Administration
3. Get community input through a public meeting, a
X
Communications
survey, a special event, or some other means of
gathering feedback from the public on your community's
approach.
4. Conduct an initial litter assessment to establish your baseline.
N/A
5. Hold regular community cleanups. We recommend at
least 4 each year — big or small.
X
Community Services - Hosts four
large community cleanup days annually
in the months. In 2025, the City
conducted cleanup days in March and
April, with two additional cleanups
scheduled for September and October.
6. Establish metrics and measure regularly to track your clean community's progress.
X
Administration & Public Works
7. Educate the community by providing signage,
community programs, or school lessons* to clean up and
prevent litter.
X
Community Services - The depai tiuent
has posted signage at all Parks to deter
people from littering.
Exhibit A
8. Provide K-12 educational programs* to help inform
anti -littering behaviors among the youngest generations.
X
Public Works - We have partnered
with Eco Hero with our local
elementary schools to educate on
organic recycling and used oil
recycling.
9. Offer some form of enforcement or deterrence to
prevent future littering.
X
Administration
10. Create a long-term plan to ensure your community
becomes and/or stays clean.
X
Administration & Public Works
11. Place anti -litter infrastructure in key locations, such as trash and recycling bins that are emptied regularly or utilize regular street sweeping to clean as you go. )
X
Community Services - Trash
receptacles have been installed
throughout all City parks, and trash is
emptied daily to ensure residents have a
place to dispose of waste.
12. Green and beautify your community by planting
X
Community Services - grounds
department maintains greenery,
including trees and flowerbeds,
throughout the City to promote a more
vibrant community. This includes the
City's Parks and right-of-way areas.
Most recently, the City planted 101
additional trees in June of 2025,
bringing the total inventory to 8,990
trees.
trees, gardens, or flower beds, or create public art to make your community more vibrant.
Exhibit A
13. Schedule/host collection drives for hard -to -recycle items, such as "dump days" or "amnesty days."
(Through our WM contract, residents have the
opportunity for free large/bulky item pick-ups, 6 items, twice a year — Public Works.)
X
Public Works - Through our WM
contract, residents have the opportunity
for free large/bulky twice item pick-ups. 6
items, a year.
14. Engage at least 5 local business partners to support your campaign.
X
Community Services or
Communications
15. Provide cigarette receptacles to help contain the most widely littered item on the planet.
X
Community Services
CLEAN
CALIFORNIA
Clean CA Community Pledge
I, , hereby commit the community of , to pursue the
criteria of becoming a designated Clean California Community.
Whereas we, the leaders and residents of [Community Name], united by a profound sense of pride and a shared vision for a cleaner, greener community, endeavor to elevate our community to even greater heights, Whereas we aspire to be heralded as a model of excellence, renowned for our commitment to cleanliness and environmental stewardship,
Whereas the State of California, in its pursuit of a cleaner, greener existence for all, has established the prestigious Clean California Community designation as a testament to communities that exemplify these values, Now, therefore, be it resolved that we solemnly pledge to uphold the principles of the Clean California Community program, dedicating ourselves to fostering a community marked by cleanliness, sustainability, and civic pride.
This pledge is to serve as [Community Name]'s commitment to the principles of the Clean California Community program. Through our collective efforts, we pledge to maintain a clean, green, and vibrant community for the betterment of all residents.
I assert that I am authorized to make this pledge on behalf of our community.
Signed:
Name:
Title:
Date:
far
Pant c19 of 1 RA's
O Sign the Pledge
Designate a community leader to e -sign
thepledge. For a town, this could be a mayor;
for an organization it could be the Executive
Director, for a school it could be a principal, for
a district a supervisor, and so on.
O Advisory Body
Establish an informal Clean CA committee or
some other advisory body. This could also be
an existing committee.
O Community Input
Get community input through a public
meeting, survey, special event, virtual call or
another means of gathering feedback from the
public on your community's approach.
O Litter Assessment
Conduct an initial litter assessment to establish
your baseline and identify litter hotspots in
your community.
O Cleanups
Organize community cleanups. We
recommend at least 4 each year, big or small.
O Measure Progress
Establish metrics and measure regularly to track
your clean community's progress. Things to
track include # of volunteers, # of cleanups,
and pounds of litter removed.
O Community Education
Educate the broader public on the impacts
and solutions to litter by providing signage,
educational programs, or other public
awareness & behavior change strategies.
O Youth Education
Provide K-12 educational programs to help
inform anti -littering behaviors among the
youngest generations. Communities can
leverage the K-12 Clean CA educational
resources to meet this requirement.
O Infrastructure
Place anti -littering infrastructure in key locations.
This can include trash and recycling bins
that are emptied regularly, or utilizing street
sweeping to clean as you go.
O Enforcement
Establish policies, technologies or programs that
prevent or deter future littering.
O Long-term Planning
Hash out a long-term plan or strategy to ensure
the sustainability of your efforts so that your
community stays clean.
O Greening & Beautification
Complement cleanups by implementing
greening and beautification activities - plant
trees, gardens or flower beds, or create public
art to make your community more vibrant.
O Collection Drives
Schedule or host collection drives such as
"dump days" or "amnesty days" for hard -to -
recycle or bulky items like mattresses, e -waste,
or household appliances.
O Partnerships
Engage local stakeholders and businesses to
partner with you and support your campaign.
We recommend partnering with at least
3-5 businesses.
O Cigarette Litter
Provide cigarette litter receptacles to help
contain the most widely littered item on Earth.
div
BEAUMONT
-C A L I F O R N A -
Staff Report
TO: City Council
FROM: Jennifer Ustation, Finance Director
DATE: September 2, 2025
SUBJECT: Adoption of Amended and Restated Special Assessment and Community Facilities District Goals and Policies
Description: The existing policy, adopted in 1995, no longer reflects current state law, industry standards, or the City's development needs. The amended and restated policy strengthens financial safeguards, aligns with best practices, and provides clear procedures for forming and administering Community Facilities Districts (CFDs) and Assessment Districts. Adoption ensures that future financings are conducted in a transparent, fiscally responsible, and equitable manner that protects both the City and its residents.
Background and Analysis:
The City of Beaumont originally adopted its Special Assessment and Community Facilities District Goals and Policies in 1995, shortly after the enactment of Government Code Section 53312.7 (Mello -Roos Community Facilities Act of 1982). These policies established the City's framework for the use of Community Facilities Districts (CFDs) and Special Assessment Districts (Assessment Districts) to finance infrastructure and services in new developments.
Since that time, the regulatory environment, industry best practices, and the City's development landscape have changed significantly. State guidelines and expectations for land -secured financing have evolved, particularly through the California Debt and Investment Advisory Commission (CDIAC), and local governments have refined their approaches to ensure stronger financial safeguards, enhanced disclosure, and equitable treatment of property owners.
Updating the City's policy is necessary to:
• Align with Current Law and Best Practices — Ensure compliance with Government Code §53312.7 and incorporate standards consistent with CDIAC, GFOA, and the Securities and Exchange Commission's Rule 15c2-12 disclosure requirements.
• Strengthen Financial Protections — Establish minimum value -to -lien requirements (4:1), effective tax rate limits (2%), reserve fund standards, and prohibitions on capital appreciation bonds to safeguard taxpayers and investors. • Clarify Roles and Responsibilities — Affirm City control over consultant selection, bond structuring, disclosure practices, and long-term administration. • Enhance Transparency and Fairness — Require developer -funded application deposits, disclosure notices to homebuyers, and property owner participation thresholds.
• Reflect Local Needs — Provide clear criteria for when CFDs or Assessment Districts are appropriate, prioritizing public benefit and ensuring adequate ongoing funding for services and maintenance.
Key changes include:
• The City may condition the financing of facilities included as part of the City's or another public agency's development impact fee programs on the applicant's agreement to participate in the financing of City services for public safety and may require applicant's to pay a premium on any City fees financed with such premium to be used by the City to pay for other eligible facilities authorized by the Act.
• The Policy sets priorities for funding City services. • Sets for security provisions requiring property owners responsible for 20% or more of the special tax to provide collateral to the City to guarantee 2 years of special tax payments in the form of a letter of credit, cash deposit or other acceptable collateral.
• The City may permit the escalation of any facilities tax in any amount not to exceed 2% annually for those projects that also participate in a community facilities district for services.
• If the Effective Tax Rate (ETR) exceeds 2%, the City may require the developer to prepay a portion of such taxes prior to the issuance of bonds in order to reduce the ETR to 2% or less.
The Amended and Restated Policy fully replaces the 1995 policy and reflects over two decades of legal, financial, and practical advancements in municipal land -secured financing. Adoption of this updated policy will provide the City with a modern, transparent, and fiscally responsible framework for considering future district formations.
This policy was reviewed by the Financial Audit Committee on August 25, 2025. Council Member Martinez requested the policy reemphasize the need to receive savings, when possible, through refunding of debt. The policy has been updated in the Terms and Conditions of the Bonds section and states, "AII bonds issued shall comply with the terms of the City's then current debt policy." The debt policy recently adopted by Council states there will be a periodic review of all outstanding debts and strive to achieve a
minimum of 3% net present value savings, 5% in the case of advanced refunding. The Financial and Audit Committee's action approved moving the policy forward to the City Council for adoption.
Fiscal Impact:
There is no direct fiscal impact to the City's General Fund from adoption of this policy.
All costs associated with evaluating and forming CFDs or Assessment Districts, including consultant expenses and staff time, will continue to be funded through developer deposits and reimbursements.
By strengthening requirements for credit quality, value -to -lien ratios, and effective tax rate limitations, the policy reduces financial risk to the City and to current and future residents.
The cost to prepare this staff report was approximately $300.
Recommended Action:
Adopt the Amended and Restated Special Assessment and Community Facilities District Goals and Policies, replacing the original 1995 policy, to align with current statutory requirements and best practices in municipal finance.
Attachments:
A. Draft Amended and Restated Special Assessment and Community Facilities District Goals and Policies
B. Presentation
SYCR Draft of 8/14/25
CITY OF BEAUMONT
Finance Policy
Subject
1.0 PURPOSE
Policy Number:
Date :
Amended and Restated Special Assessment
and Community Facilities District Goals and
Policies
Pursuant to Section 53312.7 of the California Government Code, the City Council of the City of Beaumont (hereafter the "City Council") hereby states its goals and policies concerning the use of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (hereafter the "Mello Roos Act") in providing adequate public capital infrastructure, facilities, equipment and public services for the residents of the City of Beaumont (the "City").
The following goals and policies shall apply to all community facilities districts (each a "Community Facilities District) and to all assessment districts (each an "Assessment District" and together with any Community Facilities District, the "Districts") under the improvement acts of 1911, 1913, 1915 and 1972 (the "Improvement Acts") hereafter formed by the City.
2.1 POLICY
The City has developed the following Policies and Procedures on fmancing facilities and/or services through the formation of community facilities districts as guidelines to assist concerned parties in following the City's approach to special assessment and community facilities district financing. It is the City's goal to support projects that address a public need and provide a public benefit. Proposed projects requesting special assessment or community facility district debt financing will be evaluated to determine if such financing is financially viable, provide a public benefit and are in the best interest of the City, and current and future City and project residents.
These Policies and Procedures are designed to comply with Section 53312.7 of the Government Code.
The City will consider developer or property owner -initiated applications requesting the formation of community facilities or special assessment districts and the issuance of bonds to finance eligible public facilities and/or public services necessary to serve newly developing projects. The following criteria will be applied to all districts by the City staff with final determination and findings to be made by the City Council:
1) When public financing of project public facilities will result in a significant public benefit or address City identified needs.
2) When a Specific Plan has been adopted on the property, or the City has negotiated and executed a Development Agreement addressing project implementation either of which includes requirements to form a District to finance public improvements or services.
Policy 100-24, Page 1 of 22
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3) Each time a District is formed to finance public facilities for the benefit of a development project, the City will require in those situations where maintenance requirements will exceed normal City standards or where such development requires the provision of additional services, the creation of an alternative financing mechanism to pay for such maintenance requirement or such additional services.
4) Existing neighborhoods may apply to the City for the use of a District to finance local or neighborhood -serving facilities. The City will apply applicable provisions of these policies to those fmancing programs for existing neighborhoods.
The City may initiate Districts by itself at any time to assist in mitigating service impacts or for any other reason.
The City shall make the determination as to whether a proposed District shall proceed under the provisions of the Improvement Acts or the Mello -Roos Act. The City may confer with consultants and the applicant to learn of any unique district requirements such as facilities serving the regional area or long-term development phasing prior to making any final determination.
All City and consultant costs incurred in the evaluation of new development district applications and the establishment of districts will be paid by the applicant(s) by advance deposit increments.
The City shall not incur any non- reimbursable expense for processing assessments or community facilities districts. Expenses not chargeable to the district shall be borne by the applicant.
2.2 FINANCE STAFF REVIEW
All proposed Districts shall be reviewed by the City Finance staff for adherence to the policy prior to being presented to the City Council. Any variances from policy as well as any other material information will be noted by the Finance staff and reported to the City Council with recommendation for action.
2.3 RESOURCE CONSULTANTS
Bond Counsel
Financial/ Municipal Advisor
Assessment Engineer or Special Tax Consultant
Appraiser
Economist/Market Absorption Specialist
Bond Underwriter
Disclosure Counsel
Trustee/Fiscal Agent
The City shall have the sole discretion as to selection of consultants and determination of fees and expenses of all consultants necessary for the formation of a Special District and the issuance of bonds. Prior consent of the applicant(s) shall not be required in the determination by the City of the consulting and financing team. Costs of the applicant(s) and any costs of consultants working on behalf of the applicant(s) are not eligible for reimbursement from a future issuance of bonds.
No firm may serve as both design engineer and engineer of work and assessment engineer or special tax consultant on the same project, pursuant to Section 87100 of the Government Code.
Policy 100-24, Page 2 of 22
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SYCR Draft of 8/14/25
3.1 ELIGIBLE PUBLIC FACILITIES, SERVICES AND PRIORITY
Priority for CFD financing shall be given to public facilities and services directly benefiting the City as well as those improvements identified by the City as the most necessary to serve the specific needs of the portion of the City in which the CFD will be located. The financing of public facilities to be owned and operated by public agencies other than the City shall be considered on a case -by - case basis. The list of eligible public facilities includes but are not limited to the following and include facilities included as part of the City's or another public agencies development impact fee programs to the extent permitted by the Mello Roos Act or Improvement Acts:
Streets, highways and bridges
Street lighting
Traffic signals and safety lighting
Parks
Governmental facilities
Sanitary sewer facilities
Storm drain facilities
Potable and reclaimed water facilities
Flood control facilities
Libraries
Public utilities
Police and fire protection facilities
Recreation facilities
Biological mitigation measures involving
land acquisition, dedication and revegetation
Landscaping
In general, none of the foregoing types of facilities will have priority over the others; however, the City has the final determination as to any facility's eligibility for financing, as well as the prioritization of facilities to be included within a financing district. The use of bond proceeds for grading and right-of-way acquisition will be reviewed by the City and bond counsel on a case -by - case basis.
It is acknowledged the Act permits the financing of fee obligations imposed by governmental agencies, the proceeds of which fees are to be used to fund public capital improvements. The City will consider applications to finance fee obligations on a case -by -case basis. The City may condition the financing of facilities included as part of the City's or another public agency's development impact fee programs on the applicant's agreement to participate in the financing of City services for public safety and may require applicant's to pay a premium on any City fees financed with such premium to be used by the City to pay for other eligible facilities authorized by the Act.
It is secondarily the policy of the City to assist in the provision of other public facilities when to do so is necessary, in the sole discretion of the City Council acting as the legislative body of the affected CFD, to serve taxpayers residing within or owning property within the City boundaries.
Additionally, the City may finance any one or more of the types of services specified in Section 53313 of the Act. Priority for CFD financing shall be given to services provided by or directly benefiting the City and, if multiple services are to be financed, with no service having priority over another service; provided, however, the City has the final determination as to any service's eligibility for financing. The City shall not finance services on behalf of other public agencies.
3.2 CREDIT QUALITY - VALUE -TO -LIEN RATIO
Credit quality will be determined in part by the District (or improvement area) property value -to - lien ratio which will be at a minimum 4:1, including the value of the financed public improvements Policy 100-24, Page 3 of 22
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to be installed, and considering all prior or pending special taxes or improvement liens and debt.
Value -to -lien ratios of individual parcels will be reviewed to analyze credit quality. The value of the property utilized in the calculation of the value -to -lien ratio will be determined by using the assessed value of the property as reflected on the most recent tax roll or by an independent MAI- certified appraiser engaged by the City as discussed in more detail below. Acceptance by the City of the value -to -lien ratio will be determined by an appraisal with recommendations from bond counsel, any municipal advisor, and the underwriter with consideration of the project and diversification of land ownership.
The appraisal shall be coordinated by, under the direction of, and addressed to the City. The applicant shall pay all costs associated with the preparation of the appraisal report through an advance deposit of funds with the City. The appraiser should be credentialed by the State of California Office of Real Estate Appraisers and be a Member of the Appraisal Institute (MAI).
The appraiser should have demonstrated prior experience in appraising property subject to special assessments or taxes in conjunction with a bond offering.
The appraisal shall be conducted in accordance with criteria, standards and assumptions in accordance with the California Debt and Investment Advisory Commission Appraisal Standards for Land -Secured Financings, and based upon the recommendations from the City's financing team. In every case, the appraisal shall reflect nationally Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and employ all, or a combination of: discounted cash flow, bulk sale comparable, raw land value as is, and project build -out values.
Upon receiving an appraisal, determining the value -to -lien ratio, and evaluating the project and current underwriting criteria, the City may require letters of credit or other security to secure payment of the special taxes to be levied annually on properties within the District. Letters of credit or other security may also be required for individual parcels of specific property ownership within a District. (See Section 3.3, Security).
For projects with a significant amount of development or the refunding of outstanding special assessment and community facilities district debt, the assessed value of property or other mass appraisal techniques may be options for the establishment of credit quality.
Depending on the circumstances of the development, a market absorption study may be required by the City. The City will retain the consultant to prepare a report to verify market absorption assumptions and projected base sales prices of the properties subject to the special taxes or assessments in the District. The market absorption and/or price point study shall be completed prior to completion of the appraisal, and the appraisal shall take into consideration the conclusions of the market absorption study. All City and consultant costs incurred for this study will be paid by the Applicant by advance deposit or out of special taxes or bond proceeds.
3.3 SECURITY
Prior to the issuance of bonds in connection with a District program, each person who, together with any affiliate thereof, owns land within the Special District the maximum special tax or assessment applicable to which equals or exceeds 20% of the aggregate maximum special tax or assessments authorized to be levied in the District (such person and affiliates collectively, a "20% Owner") shall deliver to the City or as directed by the City either (i) a renewable, irrevocable instrument of credit from a financial institution rated "A" or better or otherwise acceptable to the City or (ii) cash in -lieu thereof (a "Security"). The Security shall be in an amount equal to 200% of the product of the maximum annual debt service on the bonds proposed to be issued (without Policy 100-24, Page 4 of 22
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taking into consideration any capitalized interest) times a fraction the numerator of which is the projected annual special taxes or assessments applicable to the land within the Special District owned by the 20% Owner and the denominator of which is the total maximum special taxes or assessments applicable to all land in the District (the "Stated Amount"). The Security shall be maintained in full force and effect by the 20% Owner until the property owned by the 20% Owner is responsible for less than 20% of the projected special taxes or assessments to be levied in the District (without taking into consideration any capitalized interest); provided that the Stated Amount may be reduced to an amount equal to 200% of the product of the projected annual debt service on the bonds proposed to times a fraction the numerator of which is the projected annual special taxes or assessments applicable to the land within the Special District owned by the 20% Owner (without taking into consideration any capitalized interest) and the denominator of which is the total projected special taxes or assessments applicable to all land in the Special District as of June 1 of the applicable year (subject to the City's receipt of a replacement security from any person to whom a 20% Owner conveys property and who becomes a 20% owner as a result of such conveyance). The Security shall name the City, or its designee, as a beneficiary and shall provide that the City, or its designee, may draw an amount equal to any delinquencies in payment of semiannual installments of the special taxes of assessments levied on property owned by the 20% Owner. The total amount to be drawn under the Security shall not exceed an amount equal to the special taxes or assessments owed with respect to property within the Special District owned by the 20% Owner that is delinquent at the time the draw is made, or in the event the Security is to expire by its terms and has not been renewed as required by the City, the Stated Amount. The amount drawn of the Security shall be applied in the same manner and for the same purposes as the delinquent special taxes would have been applied; provided that the payment of a draw under the Security will not be deemed to cure the delinquency in payment of the special taxes. The form and substance of the Security, including the provisions thereof with respect to remedies upon non - renewal thereof shall be set forth in the acquisition agreement for the District.
4.1 EQUITY OF SPECIAL TAX FORMULAS AND MAXIMUM SPECIAL TAXES Special tax formulas for Community Facilities Districts shall provide for minimum special tax levels which satisfy the following expenses of all Community Facilities Districts: (a) at least 110 percent of debt service on all Community Facilities District bonds due each year, and (b) the reasonable and necessary administrative expenses of the Community Facilities District.
Additionally, the special tax formula may provide for the following: (a) any amounts required to establish or replenish any reserve fund established in association with the indebtedness of the Community Facilities District, (b) the accumulation of funds reasonably required for future debt service, (c) amounts equal to projected delinquencies of special tax payments, (d) the costs of remarketing, credit enhancement and liquidity facility fees, (e) the cost of acquisition, construction, furnishing or equipping of facilities, (f) lease payments for existing or future facilities, (g) costs associated with the release of funds from an escrow account, and (h) any other costs or payments permitted by law, including, but not limited to, financing public capital facilities or any one or more of the types of services specified in Section 53313 of the Mello Roos Act.
The special tax formula shall be reasonable and equitable in allocating public facilities' costs to parcels within the Community Facilities District. Unless the City determines that special circumstances warrant a change, the special tax formula originally accepted for the Community Facilities District shall remain the same in order to ensure equity as originally envisioned at the time of Community Facilities District formation. At the time of formation of the Community Facilities District, exemptions from the special tax may be given to parcels which are publicly owned, are held by a property owner's association, are used for a public purpose such as open space or wetlands, are affected by public utility easements making impractical their utilization for other Policy 100-24, Page 5 of 22
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than the purposes set forth in the easements, or have insufficient value to support bonded indebtedness.
It is the goal of the City that maximum special taxes or assessments on residential owner -occupied property, when taken together with ad valorem taxes, any other special taxes levied pursuant to the Act and assessments applicable to such property (the "Effective Tax Rate"), do not exceed in any year two percent (2%) of the greater of the assessed value or appraised value of such property.
Nevertheless, special taxes on residential owner -occupied property, when taken together with ad valorem taxes, any other special taxes levied pursuant to the Act and assessments applicable to such property, may exceed in any year two percent (2%) of the greater of the assessed value or appraised value of such property if the City determines at the time of formation of a Community Facilities District that over the term of the bonds, the special taxes, ad valorem taxes and assessments are expected to average two percent (2%) or less per year of the greater of the assessed value or appraised value of such property. The City may permit the escalation of any facilities tax in any amount not to exceed 2% annually for those projects that also participate in a community facilities district for services. Special taxes for services may escalate in any manner determined by the City as necessary to cover annual estimated increases in the costs of providing such services or as otherwise permitted under the Act. If the City determines based on the advice of the special tax consultant that the Effective Tax Rate will exceed 2% of the actual or expected sales prices in the Community Facilities District the City may in its discretion require the developer to prepay a portion of such taxes prior to the issuance of bonds in order to reduce the Effective Tax Rate to 2% or less.
Special taxes will only be levied on an entire County Assessor's parcel, and any allocation of special tax liability of a County Assessor's parcel to leasehold or possessory interest in the fee ownership of such County Assessor's parcel shall be the responsibility of the fee owner of such parcel (except where the City is the fee owner of the parcel and has, subsequent to the date of adoption of these goals and policies, leased the parcel pursuant to a lease with a term of at least 5 years, in which case the lessee shall have the responsibility for the special tax liability) and the City shall have no responsibility therefor and has no interest therein. Failure to pay or cause to be paid any special taxes in full when due shall subject the entire parcel to foreclosure in accordance with the Act.
The City shall have a report prepared which: (a) recommends special tax rates and methods of allocation among parcels in the proposed Community Facilities District, and (b) evaluates the special tax proposed to deteiinine it ability to adequately fund identified public facilities, City administrative costs, services (if applicable) and other related expenditures.
The City shall retain a special tax consultant to prepare a Rate and Method of Apportionment and the report described above which:
A. Recommends a special tax formula for the proposed community facilities district.
B. Evaluates the special tax proposed to determine its ability to adequately fund identified public facilities and proposed services, City administrative costs, services (if applicable) and other related expenditures. The Rate and Method of Apportionment of special taxes shall be designed to ensure sufficient revenues are produced in case of final development at lower densities than anticipated.
Policy 100-24, Page 6 of 22
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C. The special tax consultant shall also address the resulting aggregate tax burden of all proposed special taxes plus existing special taxes, ad valorem taxes levies and assessments on the properties within the community facilities district.
4.2 TERMS AND CONDITIONS OF BONDS
The City shall establish all terms and conditions of the bonds. All bonds issued shall comply with the terms of the City's then current debt policy. The City will control, manage and invest all District issued bond proceeds. Each bond issue shall be structured to adequately protect bond owners and to not adversely impact the bonding capacity or credit rating of the City. Unless otherwise authorized by the City, the following shall serve as bond requirements:
A. A reserve fund equal to the lesser of (i) ten percent (10%) of the issue price of the bonds, (ii) maximum annual debt service, or (iii) one hundred twenty-five percent (125%) of average annual debt service, or as otherwise deemed appropriate by the City.
B. The term of the bonds will generally not exceed 30 years and shall not include capital appreciation bonds.
C. For Districts containing residential property, the timing of bond sales(s) and/or Rate and Method of Special Tax Apportionment shall be such that special taxes or special assessments are levied no later than the first fiscal year following the occupancy of residential units. For all Districts, interest shall not be funded (capitalized) beyond what is permitted in the Mello Roos Act or the Improvement Acts.
D. The repayment of the principal shall begin on the earliest principal payment date for which sufficient special tax revenues can be made available.
E. The maximum special tax shall be established to assure that the annual revenue produced by levy of the maximum special tax shall be equal to at least one hundred ten percent (110%) of annual debt service plus administration expenses..
F. In instances where multiple series of bonds are to be issued, the first series shall include public facilities of the highest priority acceptable to the City.
G. All statements and materials related to the sale of special assessment or community facilities district bonds shall emphasize and state that neither the good faith, nor the taxing power of the City is pledged to the security or repayment of the bonds. The sole sources of revenues to secure bond owners are special taxes, annual assessments or foreclosure proceeds.
4.3 AGREEMENTS
Agreements will be prepared incidental to District formation proceedings in a form satisfactory to the City and consistent with these policies. These agreements may include, but not be limited to:
A. Deposit and Reimbursement Agreement.
B. Funding and Acquisition Agreement.
Policy 100-24, Page 7 of 22
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C. Joint Community Facilities Agreements with any other public agency entitled to receive any portion of the bond proceeds or entitled to own and operate any of the public facilities financed by bond proceeds.
Prior to the issuance of bonds by a District, all of the agreements specified shall be duly approved and executed by the relevant parties. Prior to the execution of any agreements, such agreements shall be reviewed and approved by bond counsel and the City Attorney and approved by the City Council.
4.4 USE OF CONSULTANTS
The City shall have the sole discretion as to the selection of consultants and determination of fees and expenses of all consultants necessary for the formation of the District and the issuance of bonds, including the underwriter(s), bond counsel, municipal financial advisor, disclosure counsel, assessment engineer, appraiser, trustee, paying agent, market absorption and/or price point consultant, and the special tax consultant. Prior consent of the applicant shall not be required in the determination by the City of the consulting and financing team The City shall also be responsible for determining the structure of the bonds to be issued, including the method of sale (negotiated, competitive or direct placement), the need for bond ratings, the need for escrow provisions, investment of bond proceeds, and all other terms and conditions incidental to structuring and closing a bond issuance.
4.5 ACQUISITION PROVISIONS
The City shall have the final determination as to whether it will allow the financing of public facilities through acquisition or if the improvements will be constructed by the City.
In the event the acquisition provisions of the Municipal Improvement Act of 1913 or the Mello - Roos Act are utilized, the City, at its sole discretion, will determine the facilities to be acquired, the priority of acquisition of completed facilities and the method of determining reasonable acquisition costs. Applicable bidding and prevailing wage requirements are extensive and will be addressed during the preparation of the funding and acquisition agreement.
The City has determined (pursuant to Section 53329.5(c) of the Government Code) that the public interest will not be served by allowing property owners to elect to enter into agreements with the City to perform construction work after competitive construction bids have been received. The City Council will make such a determination in the resolution of intention regarding the formation of a community facilities district.
4.6 DISCLOSURE TO PURCHASERS
Developers who are selling lots or parcels that are within a Community Facilities District shall provide the disclosure notice to prospective purchasers that comply with all of the requirements set forth in Section 53341.5 of the Government Code. The disclosure notice must be provided to prospective purchasers of property at or prior to the time the contract or deposit receipt for the purchase of property is executed. Developers shall keep an executed copy of each disclosure document as evidence that disclosure has been provided to all purchasers of property within a Community Facilities District.
Policy 100-24, Page 8 of 22
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Owners of land securing 20% or more of the debt service on bonds will be required to provide fmancial information, as deemed appropriate by the City, for inclusion in the continuing disclosure document the City must provide annually and will also be required to provide written undertakings to provide financial and operating data as required by the SEC's Rule 15c2-12 and by the underwriter of the bonds.
4.7 PROPERTY OWNER SUPPORT
In the instance of multiple property owners, the applicant shall be required to produce letters evidencing other property owners' support for the scope and establishment of the District as an attachment to the application. The applicant must have concurrence of at least [60%] of the other property owners to be included in the proposed District, unless there is an overriding need for the public facilities, or the applicant is willing to separately fund the facilities for non -participating property.
4.8 LAND USE APPROVALS
Properties proposed for inclusion in a District must possess a land use determination such that proposed development land uses and specific facility requirements can be adequately assessed.
4.9 EXCEPTIONS TO THESE POLICIES
The City may find in limited and exceptional instances that a waiver to any of the above -stated policies is reasonable given identified special City benefits to be derived from such waiver. Such waivers are granted only by action of the City Council based upon specific public purpose and/or health and safety findings. Any policy or goal stated herein shall be deemed amended or supplemented in the event, and as of the date, if ever, that such amendment or supplement is required to ensure compliance with the Act or any other laws of the State of California or federal laws of the United States of America.
A waiver of certain provisions of these policies may also be relevant for the refunding of outstanding special assessment and community facilities district debt.
4.10 APPLICATION PROCESS
Early communication with the City is encouraged to assist applicants in evaluating the feasibility of available financing programs and to discuss program procedures.
1. PREAPPLICATION CONFERENCE: Applicant meets with City to discuss the proposed project and application procedures.
2. APPLICATION SUBMISSION: Applicant/developer shall submit an application to the City with a deposit and reimbursement agreement in the initial amount of $50,000 to $70,000 (as deemed necessary by staff, based on the size of the proposed District). The deposit will be handled as set forth in the Deposit and Reimbursement Agreement as established by the City and approved by the applicant/developer. This deposit is for the purpose of application processing, preliminary costs, retention of appropriate consultants, and the compensation of staff time devoted to the formation of the District. The City will conduct an initial evaluation of the application to determine if it is complete and whether additional information is required.
Policy 100-24, Page 9 of 22
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3. PROJECT REVIEW: Applicant and City staff meet to discuss the initial application, including any issues raised and further information that might be required. If necessary, the applicant submits a revised application. City staff may deny any applicant that does not comply with these goals and policies or is determined not to be in the best interest of the City and its residents.
4. PROJECT INITIATION: Staff submits consultant contracts, reimbursement agreements and other similar items for City Council consideration.
5. PROJECT IMPLEMENTATION: Applicant, staff and consultants meet to determine preliminary project schedule and begin work necessary to initiate district formation. This document outlines district formation procedures.
4.11 SPECIAL ASSESSMENT DISTRICT FORMATION PROCEEDINGS FORMAT Assessment district proceedings under the Municipal Improvement Act of 1913 normally provide for the construction of improvements by the City and the financing of such improvements with improvement bonds, which are secured by a fixed lien assessment on the benefited property. In certain instances, if authorized by the City, the developer may construct the improvements (or portion thereof), which would be acquired by the City as provided in the proceedings.
The formation proceedings are subject to and contingent upon satisfaction of all environmental zoning and land use regulations. The following is a summary of the proceedings under the Municipal Improvement Act of 1913 for the formation of an Assessment District. All such proceedings are subject to the requirements of the Improvement Acts, as applicable.
1. Initiation of Proceedings. An applicant or landowner petition for City Council action initiates the District. Upon initiation, the design engineer prepares plans, specifications and cost estimates of the proposed public improvements. The assessment engineer begins preparing the Engineer's Report, including the assessment diagram, assessment roll, description of improvements and preliminary cost spread. If required, the Environmental Impact Report "EIR" consultant begins processing the appropriate environmental documentation for the public improvements.
2. Presentation of Report. Upon completion of the preliminary engineering work, the City Council adopts a resolution of intention to form the assessment district, approves the Engineer's Report, calls for construction bids, authorizes the future sale of bonds, sets the date, time and place for the public hearing and directs assessment notices to be mailed.
3. Bid Process. Finance Department receives construction bids. Assessment engineer modifies the assessment roll and Engineer's Report and notifies property owners of revised assessments.
4. Public Hearing. City Council holds public hearing at which written protests are presented and public testimony is taken. If a majority protest has not been received, City Council approves district formation, awards bids, orders construction work, confirms the assessments, directs Finance Director/Treasurer to mail assessment notices and approves the bond sale.
Policy 100-24, Page 10 of 22
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5. Cash Collection Period. Treasurer may receive cash payments during the 30 days following confirmation if property owners elect to pay off the assessment or portion thereof prior to the issuance of bonds.
6. Authorize Issuance of Bonds. City Council determines the balance of unpaid assessments and provides for the issuance of bonds to be secured thereby.
7. Sale of Bonds. Bonds are issued in exchange for the cash proceeds of the sale, which are held by the City or its fiscal agent (or paying agent/registrar) and utilized for the construction of public improvements described in the Engineer's Report.
4.12 MELLO-ROOS COMMUNITY FACILITIES DISTRICT FORMATION PROCEEDINGS A Community Facilities District is a legally constituted governmental entity created for the purpose of financing public facilities and services.
The formation proceedings are subject to and contingent upon satisfaction of all environmental, zoning and land use regulations. The following is a summary of the proceedings for the formation of a Community Facilities District under the Mello Roos Act. All such proceedings are subject to the requirements of the Mello Roos Act.
1. Initiation of Proceedings. Proceedings must be instituted when a written request is made by a petition signed by 10% of the registered voters or 10% of the landowners by area.
The petition shall be accompanied by payment of a fee determined by the City Council to be sufficient to pay for costs incurred in conducting the proceedings.
2. Resolution of Intention. Within 90 days of the receipt of a written request or petition, the City Council will adopt a resolution of intention to establish a community facilities district ("CFD"). The resolution will state the name of the proposed CFD, the types of facilities or services to be fmanced, and that, except where funds are otherwise available, a special tax to pay for such facilities and services will be annually levied. The resolution of intention shall also fix a time and place for a public hearing between 30 and 60 days after the adoption of the resolution of intention, describe the method of levy and apportionment of the special tax, and describe the proposed voting procedure. In addition, the resolution may specify conditions under which the obligation to pay the special tax may be prepaid and permanently satisfied. The City Council directs its responsible officers to study the proposed district and to file a report at or before the public hearing describing the proposed public facilities and services and an estimate of costs.
3. Public Hearing. Protests against the establishment of the community facilities district, the extent of the community facilities district or the furnishing of specified types of public facilities or services may be made orally or in writing by interested persons or taxpayers.
If 50% or more of the registered voters, 6 registered voters, whichever is more, residing within the proposed community facilities district or the owners of 1/2 or more of the area of land in the proposed community facilities district file written protests against the establishment of the community facilities district, the proceedings are abandoned. If the protests are directed toward certain types of facilities or services, or against a specified special tax, those specific items may be eliminated from the resolution forming the community facilities district. The hearing may be continued for up to 30 days without special findings and up to 6 months if the City Council makes specified findings.
Policy 100-24, Page 11 of 22
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4. Resolution of Formation. If the City Council decides to establish the community facilities district, it will adopt a resolution of formation containing similar information as contained in the resolution of intention.
5. Election. If the City Council determines to form the community facilities district, it submits the question of whether special taxes should be levied to an election of the voters (or land owners if less than 12 registered voters preside within the boundaries of the propose Community Facilities District for each of the 90 days prior to the date of the public hearing) of the proposed community facilities district. Combined with the tax proposition, there may be a proposition on the question of incurring bonded indebtedness.
The tax, in order to be levied, must be approved by two-thirds of the votes cast and thereafter levied by adoption of an ordinance of the City Council. The Mello -Roos Act provides that the election shall be at the next general election or at a special election to be held between 90 and 180 days following the close of the protest hearing. The unanimous consent of the qualified electors within the proposed district and the concurrence of the election official conducting the election may shorten the election time limits.
6. Special Tax Bonds. A community facilities district may be created solely to provide the services permitted by statute. However, most community facilities districts have been created specifically for the purpose of levying special taxes to service bonded indebtedness incurred by the community facilities district in order to finance the construction of facilities. Public services and maintenance Districts may also be created.
The proceedings to authorize and incur bonded indebtedness usually parallel the proceedings for the formation of the community facilities district and the authorization to levy the special tax, although the bond proceedings could be conducted separately and at a later date. The proceedings to authorize bonded indebtedness involve a resolution of intention, public hearing and election; all conducted in a manner very similar to proceedings to form the community facilities district and levy the tax. Community facilities district bonds may be sold competitively or through negotiated sales and may bear fixed or variable interest rates.
In some cases, a community facilities district may provide specified facilities for only a portion of the land within the community facilities district. In that event, the Act provides for the formation of improvement areas for which separate elections are conducted and to which a specified special tax applies.
5.0 ROLES AND RESPONSIBILITIES
• The Finance Director is responsible for administering this policy and procedure. • All employees are responsible for compliance with this policy and procedure.
6.0 DEFINITIONS
Unless the context otherwise requires, the terms employed in the following policies shall have the meanings specified below:
"Bonds" means bonds authorized and issued under the Mello -Roos Community Facilities Act of 1982 or the Municipal Improvement Act of 1911 and the Improvement Bond Act of 1915. "City" means the City of Beaumont.
Policy 100-24, Page 12 of 22
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"District" means a community facilities district formed under the Mello -Roos Community Facilities Act of 1982 or an assessment district formed under the Improvement Act of 1911 or the Municipal Improvement Act of 1913, as amended.
"Improvement Acts" means the current enabling legislative Acts of 1911, 1913 and 1915 "Mello -Roos Act" means the Mello -Roos Community Facilities Act of 1982 "Public Facilities" means improvements authorized to be constructed or acquired under the Mello - Roos and Improvement Acts including, but not limited to, fees for capital facilities imposed by public agencies as a condition to approval of the development encompassed by the district or as a condition to service the district.
"Value" or "Fair Market Value" means the value established by using the assessed value or the appraisal undertaken to establish value -to -lien ratios for a land -secured financing.
Policy 100-24, Page 13 of 22
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DISTRICT APPLICATION
Policy 100-24, Page 14 of 22
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SPECIAL FUNDING DISTRICT
APPLICATION FORM
Proposed Special District: CFD for Facilities
Proposed Name of Project:
SPICER CONSULTING GROUP USE ONLY
Date Received: Amount:
Proposed Special District Number:
DEPOSIT REQUIREMENTS
Total Deposit of $70,000 required at time application is submitted. $65, 000 will be eligible for reimbursement at time bond proceeds are available. $5, 000 is non-refundable.
An additional $70,000 will be required for each zone or improvement area.
1. IDENTIFICATION OF SUBJECT PROPERTY
Description of Property (include N, S, E &/or W, borders, acreage & tract number) A. APN(s) and/or Master Parcel Number Include all Assessor Parcel Numbers to be included in the Special District Attach Backup (if needed)
in their entirety (XXX-XXX-XXX-X)
B. Tract/Tentative Tract Map Number
Enclose copy of map
C. Recorded Lot Line Adjustments
Enclose copy ofdocument(s)
D. Mapping Status ❑ Approved ❑ Tentative
E. Environmental Permits Required ❑ Yes ❑ No
F. Status of Permits ❑ Application in Process
G. Conditions of Approval Required ❑ Yes ❑ No
By Whom
H. Status of Conditions ❑ In Process ❑ Completed
Policy 100-24, Page 15 of 22
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Special District Application
2. PROPERTY OWNER INFORMATION (Attach Grant Deed)
A. Landowner Name(s)
Attach Backup (if needed)
B. Contact Name
C. Title
D. Mailing Information
E. Phone
F. Fax
G. E -Mail
3. CONSULTANT/APPLICANT INFORMATION
A. Company Name
B. Contact Name
C. Title
D. Mailing Information
E. Phone
F. Fax
G. E -Mail
4. ENGINEERING INFORMATION
A. Company Name
B. Contact Name
C. Title
D. Mailing Information
E. Phone
F. Fax
G. E -Mail
5. PROJECT LAND USE (Per Improvement Area or Zone, When Applicable) A. Number of Taxable Units
B. Proposed Product Mix
C. Base Sale Price Information
D. Number of Taxable Acres
Attach Backup
E. Number of Exempt Acres
Attach Backup
See below
See below
F. Desired Tax Rate Burden %
G. Anticipated Absorption per month
Policy 100-24, Page 16 of 22
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2. COMPOSITION OF DEVELOPABLE ACREAGE
Attach Additional Backup (if needed)
Residential
Commercial -Retail
Business Park
School Site
Plan Number
Apartment, Attached, or Detached
Number of Units
Average Lot Size
Prices
Square Footage of Living Area
Occupancies (see Table Below)
Acreage
Commence Occupancy
(Quarter & Year)
PROPOSED RESIDENTIAL PRODUCT MIX
1 2
3 4
sq. ft.
Quarter & Year
Plan 1
Plan 2
Plan 3
Plan 4
3. FINANCING STRUCTURES OFFERED TO HOMEBUYERS
❑ FHA
❑ OTHER
❑ VA ❑ VARIABLE
4. FINANCING MECHANICS
A. Preparation of Boundary Map
Attach if possible
B. Preparation of RMA
Attach if possible
C. Proposed JCFAs
Agency Name
Funding Purpose (i.e. fees, facilities)
Name
Contact Name
Mailing Address
Phone
Fax
Email
Policy 100-24, Page 17 of 22
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Agency Name
Funding Purpose (i.e. fees, facilities)
Name
Contact Name
Mailing Address
Phone
Fax
Email
D. Additional Land Secured Financings Proposed
Agency Name & Backup
E. Overlapping Land Secured Financings List all existing special taxes, assessments, & liens as well as agency name(s) F. Improvement Areas)/Zone(s)
G. Basis for Either
H. Initial Levy Fiscal Year
I. Final Levy Fiscal Year(Anticipated)
J. Proposed Capitalized Interest
❑ Yes ❑ No
Months
K. Proposed Facilities Costs Breakout Between Improvement Area(s)/Zone(s) & Type of Facility/Agency L. Summary of Proposed Methodology Proposed Land Use Categories & Method of Apportionment Questions? Contact our Special Tax Consultant, Spicer Consulting Group at 866-504-2067. Thank you.
Attach backup as needed
Policy 100-24, Page 18 of 22
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Additional Project Information
1. City planning approvals (subdivision approval received to date including processing numbers, dates of approval, current processing status and development agreement reference, if any).
2. Previous names under which this project has been known or processed by the City (list names and dates).
3. Improvements or facilities proposed for assessment district or community facilities district financing. (Provide a cost breakdown, map and construction timetable for each facilities or improvement proposed.)
4. All existing and proposed taxes, assessments, liens or other secured interests on all property within the proposed district. (Provide a copy of recent property tax bill and proof there are no delinquent property taxes outstanding.)
5. Estimated property value -to -lien ratio including the value of public improvements to be financed (to be documented by letter from MAI appraiser or other qualified party).
Policy 100-24, Page 19 of 22
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6. Prior experience developer/landowner has had with assessment and/or community facilities district financing.
7. Other land development ventures by landowner and/or developer in the City of Beaumont and in California within the last five years (include location, land use summary, period of construction, etc.)
8. Future plans with sale/development of property (i.e. are you selling it to homebuilders, who? Developing it yourself, etc.)
Other District Formation/Financing Information
1. Project's need for assessment and/or community facilities district financing.
2. Public entities anticipated to own, operate or maintain facilities or improvements proposed.
3. Surrounding property owners which may be affected by or be included in the proposed district financing and percentage of total acreage owned by applicant. (Attach a map identifying their Policy 100-24, Page 20 of 22
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property locations, affected facilities, and evidence indicating support for the proposed district financing.)
Miscellaneous
1. Indicate whether an application for assessment and/or community facilities district financing has ever been previously denied by the City Council for this property. If so, explain the circumstances and reasons.
2. Indicate whether the landowner/developer and/or joint venture participant have ever been party to an abandoned, defaulted and/or court challenged assessment or community facilities district financing. If so, state when, where, issue size, circumstances and reasons.
3. Do you foresee any unusual requirements, problems, unique opportunities, etc., that may exist in the requested financing of the project?
4. Provide recent financial statements of landowner, developer, joint venture, etc., or provide lead banker/lender references or other information demonstrating past financial performance.
Policy 100-24, Page 21 of 22
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Submitted By:
Firm
Name
Title
Date
Signature
Policy 100-24, Page 22 of 22
4893-0704-0117v3/022972-0000
W
02 I
Presented by:
Jennifer Ustation - Finance Director
Reed Glyer- Stradling Yocca Carlson & Rauth LLP
Michael Busch - Urban Futures Inc.
Shane Spicer - Spicer Consulting Group LLC
BEAUMONTA -C A L I F O R N I -
stradlrng 7UFI
IIGIIiC,11 N4JIUUnI..
SPICER
CONSULTING GROUP
Welcome & Purpose
• Review Beaumont's current Community Facilities
Districts (CFDs) landscape
• Outline the City's fiscal service needs driven by growth • Introduce the proposed citywide Services CFD program
(Public Safety & Maintenance)
• Explain how the City's approach to Facilities CFDs
protects taxpayers and ensures fairness
• Seek Council adoption of updated CFD Goals & Policies
What Is a CFD?
• Created under the Mello -Roos Community Facilities Act of 1982 • Finances infrastructure or municipal services via a special. tax • Types:
o Facilities CFD (bonds for capital projects)
o Services CFD (ongoing operations/maintenance)
• CFD taxes are levied only within the district and are not General. Fund revenue
CFDs in Riverside County
1,532 CFDs
NO. CF --)S
46 - Riverside County
102 - Water Districts
121 - Special Districts
319 - School Districts
944 - City
• FY 2024-25 there were 1,532 CFDs Levied
• Most popular district type making up 67% of all charges placed on the rolls
• Number of CFDs by Agency Type
o Riverside County - 46 CFDs (3%)
o Water Districts - 102 CFDs (7%)
o Special. Districts - 121 CFDs (8%)
o School Districts - 319 CDs (21%)
o Cities - 944 CFDs (62%)
Why CFDs Matter to Beaumont
• Beaumont's population is projected to grow by 42,000 by 2040 • That growth will require:
o +64 police officers
o +20 firefighters
o Significant new funding for parks, streets, trails, and storm drains • Without mitigation, new development will create a shortfall in the General Fund • Strategic economic development tool. Often required in Development Agreements (DAs) as part of project approvals.
o e.g., Beaumont Pointe DA includes a $0.05/sf CFD tax for facilities and services
Existing CFD Landscape
• 82 Individual CFDs and Improvement Areas
• 33,578 parcels enrolled across bonded and services -only CFDs • $30.1M in total levies for FY 2024-25
• Several CFDs include public safety and service components (e.g., CFDs 2016-2, 2019-1, 2021-1, 2023-1)
• But structure is not yet streamlined or citywide
CITY OF BEAUMONT
COMMUNITY FACILITIES DISTRICTS
Legend
mu
•
BEAUMONT
CFD 93-1 IA 1
CFD 93-1 IA 2
CFD 93-1 IA 3
CFD 93-1 IA 4
CFD 93-1 IA 5
-
•
-
-
CFD 93-1 IA 6A
CFD 93-1 IA 6A1
CFD 93-1 IA 6B
CFD 93-1 IA 7A1
CFD 93-1 IA 7B
-
-
-
-
CFD 93-1 IA 7C
CFD 93-1 IA 7D
CFD 93-1 IA 8
CFD 93-1 IA 8A
CFD 93-1 IA 88
CFD 93-1 IA BC = FD 93-1 IA 9A
CFD 93-1 IA 8D © CFD 93-1 IA 10
CFD 93-1 IA BE ® CFD 93-1 IA 11
CFD 93-1 IA 8F © CFD 93-1 IA 12
CFD 93-1 IA9 . CFD 93-1 IA 13
-
-
CFD 93-1 IA 14
CFD 93-1 IA 14A
CFD 93-1 IA 14B
CFD 93-1 IA 15
CFD 93-1 IA 16
SPICER
CONSULTING GROUP
•
CFD 93-1 IA 17A
CFD 93-1 IA 17E
CFD 93-1 IA 17C
CFD 93-1 IA 18
CFD 93-1 IA 19A
CFD
2019-1
0 •
CFD 93-1 IA 19C CFD 2016-3
CFD 93-1 IA 20 CFD 2016-4
CFD 93-1 IA 23 ® CFD 2018-1
CFD 2016-1 [] CFD 2019-1
CFD 2016-2 CFD 2021-1
Why Annexable Services CFD Program
• Provides a citywide, consistent framework for funding police, fire, parks, drainage, and maintenance services
• Ensures growth pays for growth — new development funds its own service needs without burdening the General Fund
• Establishes clear service responsibilities, distinguishing City -funded vs. POA-funded services
• Uses standardized maintenance exhibits to reduce disputes and litigation risk • Adapts to development -specific needs with tailored tax zones and service costs • Creates transparency for taxpayers through clear rates and defined services • Promotes long-term fiscal sustainability by aligning revenue with service demands
Program Structure: AnnexabLe Services CFDs
• Two coordinated distinct but coordinated CFDs:
o Public Safety CFD (residential only) : for police, fire, paramedic services (citywide rate - escalates at 5%)
o Maintenance CFD (residential & commercial, tract -specific tax zones):
landscaping, lighting, streets, parks, trails, drainage (zone specific rates - escalates by greater of CPI or 2%)
• Annexation is a condition of new development approvals
What a Public Safety CFD Funds
• Provides ongoing funding for:
• Police protection
• Fire suppression
• Paramedic services
• Based on the City's updated fiscal impact model and projected staffing needs • Applies a consistent citywide tax rate (residential only) • Rate escalates annually by CPI or 5% (whichever is less) • Revenues mitigate the fiscal burden of new development on public safety services
What a Maintenance Services CFD Funds
• Special Tax A — funds City -provided services, including:
• Parks & open space maintenance
• Medians, trails, and landscaped slopes
• Street lighting and traffic signals
• Street sweeping and pavement management
• Drainage basins and BMP facilities
• Citywide graffiti abatement
• Special Tax B — contingency levy if a Property Owners Association (POA) fails to perform services, typically for drainage basins and BMP facilities • Each new tract = Tax Zone with its own cost schedule and maintenance map • Annual escalation: 2% or CPI (whichever is greater)
• Applies to both residential and commercial projects
Example of Maintenance Exhibits
Residential Projects:
Tract Specific Improvement Maintenance:
• Landscaping (Street frontage, medians,
slopes, open space, trees)
• Lighting (Streetlights, Traffic Signals)
•
Street Maintenance (Street Sweeping,
Pavement Management)
• Drainage (Basins, BMP Facilities)
Citywide Services:
•
•
•
Park Maintenance (Neighborhood Parks)
Trails (Fencing, DG or Cement)
Graffiti Abatement
MAINTENANCE EXHIBIT
ENCLAVE TR. 31456
ACS CONSULTING, INC.
TDINOC71 of 1893
TEL 951-757-5178 E rrJnktlaesconsultinglnerer-
ii
NO
TM
200 300
0 00, ,
MAINTENANCE EXHIBITS
PREPARED FOR RCFC INVESTMENTiS
Example of Maintenance Exhibits
Non -Residential Projects:
Tract Specific Improvement Maintenance:
• Landscaping (Street frontage, medians,
slopes, open space, trees)
• Lighting (Streetlights, Traffic Signals)
• Street Maintenance (Street Sweeping,
Pavement Management)
• Drainage (Basins, BMP Facilities)
CFLJ MAINTENANCE AREA
STREET
SIDEWALK
STREET HALF 4VIOTH
2 .CEL
7/2
570 SF
277 SF
17,241 SF
551.5 LF
PARCEL "A 11
EX. RIGHT
OF WAY
PARKWAY DRAIN 1 EA
STREET LIGHTING 1 EA
C -STORE
E MGHLAAD
c._ I
__ ---1
NEW RIGHT
OF WAY
NEW RIGHT
OF WAY
CFD Annexation Applications
Maintenance CFD Annexation
Completed Application
• Request
• Petition
• Maintenance Exhibit
Safety Services CFD Annexation
• Completed Application
• Request
• Petition
Maintenance CFD Annexation Application
BEAUMONT
CITY OF BEAUMONT
550 E 6 Street
Beaumont, CA .92223
(951) 572-3236
wvuw.BeaumontCAgov
In order to annex into a services Community Facilities District, the following steps and information must be provided
PLEASE SUBMIT THE FOLLOWING INFORMATION LISTED BELOW:
❑❑❑❑❑❑❑❑
Cover Letter
Special District Application
Signed Petition 1 Waiver Form
Approved Tract Map or Parcel Map for Project
Conditions of Approval for the Project
Legal Description
Title Report prepared within three months of the submittal date Check Payable to the City of Beaumont
Deposit Amount
A $15,000 flat fee is required at the time of document submittal. Any unused funds from the deposit may be returned to the developer/owner. If the initial deposit is not sufficient to cover the cost of the annexation, an additional deposit may be required from the developer/owner.
In order b process your application, all documents need to be completed accompanied with a check payable to the City of Beaumont_ Failure to complete these steps will result in a determination of incomplete application and will delay the processing of your application_
Please make check payable to:
City of Beaumont
Attn: Finance Department
If you have questions please contact our Special Tax Consultant, Spicer Consulting Group al (866) 501-206₹.
Thank you,
City of Beaumont
Finarce Departrrent
CITY OF BEAUMONT
SERVICES CFD ANNEXATION FLOW CHART
Milestones
Day 7
Day 80
Day 90
Residential Projects
Public Safety CFD
Annexation
IL Planning
Provides •hcahon
Finance
Receives Deposit
SCG
Prepares Documents
Finance
Takes Items b Busness Item Meeting
SCG
Prepares Annexation Map
Sets CFD Tax Rate
Prepares RMA, Reso, Ballot
Prepares ROI Staff Report
Finance
akes Items to ROI Meeting
SCG
Records Annexation Map
Registrar of Voters Certificate
SCG
Illfrepares PH Staff Report
Agenda Materials
Finance
Takes Item to PH
SCG
of Special Tax Lien
SCG
Receives Applicadill
Establishes Time
SCG
Prepares Annexation Map
Registrar of Voters Certificate
City Attorney
Review Resolution
Reviews Ballot
City Clerk
Publishes Notice of PH
City Attorney
Reviews Resolution
Reviews Ordnance
Reviews Notice of Special Tax
Planning Department
City Attorney
Public Works
Finance Department
City Clerk
Spicer Consult n,:age 574 of 18
Non -Residential Projects
Maintenance Services CFD
Annexation
Planning
Provides Application
SCG
Reviews Application
Quanity Worksheet
Mantenance Exhbi
Prepares MaeCost Estinate
Public Works
Confirms Maint Needs
Traffic I Lighting Cost Estimates
SCG
Prepares Annexation Map
Sets CFD Tax Rate
Prepares RMA, Reso, Ballot
Prepares ROI Staff Report
Finance
Takes Items to ROI Meeting
SCG
Records Annexation Map
Registrar of Voters Certificate
SCG
Prepares PH Staff Report
Agenda Materials
SCG
• r Records Notice of Special Tax Lien
SCG
Receives Application
Establishes Tmeline
City Attorney
Review Resolution
Reviews Ballot
City Clerk
Publishes Notice of PH
City Attorney
Reviews Resolution
Reviews Ordinance
Reviews Notice of Special Tax
Milestones
Day 1
Day 7
Day 14
Day 21
Day 4:
Da, 47.
Day
Da, 8:
Day 90
City Control of Facilities CFDs Protecting Taxpayers
• City Council serves as the legislative authority — all decisions on tax rates, bond issuance, and refinancings remain local
• Timing of bond issuance — City can delay bonds until projects are substantially developed, improving credit quality and preventing premature debt burdens
• Prevents over -taxation — City only levies what is needed, often below the maximum rate
• Refunding savings benefit residents — refinancing savings are passed back through reduced levies (e.g., homeowners can save $200—$400 per year)
City Control of Facilities CFDs Protecting Taxpayers
• Avoids outside agency control — unlike Joint Powers Authorities (JPAs) or other agencies which often:
• Keep taxes at the maximum allowable rate
• Use surplus revenues for unrelated projects
• Lock property owners into long-term overpayments
• Supports fairness and accountability — ensures financing aligns with City debt policy and community priorities
• Builds taxpayer trust — bond proceeds and savings directly benefit local property owners
Community Facilities District Goals and Policies
Background
- City's CFD & Assessment District Goals and Policies first adopted in 1995. - Original framework no longer reflects current law, industry standards, or Beaumont's growth needs.
- State law (Gov't Code §53312.7) and best practices (CDIAC, GFOA, SEC) now require stronger safeguards, transparency, and disclosure.
- Updated policy fully replaces 1995 version and reflects 30 years of legal, financial, and practical advances.
Policy Objective
- Provide clear, uniform guidelines for forming and administering CFDs & Assessment Districts.
- Ensure financings are fiscally responsible, transparent, and equitable. - Support growth -related infrastructure and services while protecting existing residents.
Community Facilities District Goals and Policies
Key Policy Considerations
Taxpayer Protection: Cap effective tax rate at 2% for residential property to avoid overburdening property owners.
Credit Standards: Require minimum 4:1 value -to -lien ratio to safeguard credit quality.
Financial Safeguards: Maintain reserve standards and prohibit Capital Appreciation Bonds (CABs). These protections ensure long-term fiscal stability and fair treatment.
City Oversight: City Council controls consultant selection, bond structuring, and disclosure practices.
Transparency: Mandate developer deposits, disclosure notices to homebuyers, and property owner participation thresholds.
Refunding Savings: Under the City's Debt Management Policy, refundings are generally pursued to achieve debt service savings, revise covenants, or restructure debt. The policy requires at least 3% net present value savings (5% for advance refundings) before proceeding with a refinancing.
Community Facilities District Goals and Policies
Local Benefits
• Ensures "growth pays for growth" without burdening the General Fund. • Tailors financing to Beaumont's service and infrastructure needs. • Promotes fairness, reduces litigation risk, and strengthens long-term fiscal sustainability. • Creates a modern, transparent framework that protects residents and strengthens investor confidence
Community Facilities District Goals and Policies
Amendments
1 The City may condition CFD financing of impact fee -funded facilities on developer agreement to participate in public safety Services CFDs and may charge a premium on financed City fees to fund additional eligible improvements.
2 The Policy sets for priorities for funding City services 3 Sets for security provisions requiring property owners responsible for 20% or more of the special tax to provide collateral to the City to guaranty 2 years of special tax payments in the form of a letter of credit, cash deposit or other acceptable collateral
4 The City may permit the escalation of any facilities tax in any amount not to exceed 2% annually for those projects that also participate in a community facilities district for services. 5 If Effective Tax Rate exceeds 2% require the developer to prepay a portion of such taxes prior to the issuance of bonds in order to reduce the ETR to 2% or less.
Next Steps
Recommended Action:
Adopt the Amended and Restated Special Assessment and Community Facilities District Goals and Policies, replacing the original 1995 policy, to align with current statutory requirements and best practices in municipal finance.
CITY OF BEAUMONT
550 East 6th Street, Beaumont, CA 92223
951) 769-8520
QUESTIONS
BEAUMONTCA.GOV
#ACITYELEVATED
BEAUMONTA O R N -
Staff Report
TO: City Council
FROM: Steven D. Jones, Community Development Director
Katie Jenson, Assistant Planner
DATE: September 2, 2025
SUBJECT: Council -Requested Annual Review of Development Agreements and Resolution Amending the Review Responsibility from the Planning Commission to the City Council
Description: Council requested annual review of the City's active Development Agreements PLAN2024-0145, PLAN2024-0146, PLAN2025-0147, PLAN2024-0149, PLAN2024-0150, PLAN2024-0151, PLAN2024-0152 and DA -98-1; and consideration of a resolution changing the DA annual review responsibility from the Planning Commission to the City Council.
Background and Analysis:
At the request of City Council at the regularly scheduled Beaumont City Council meeting of February 18, 2025, staff presented an annual review of active development agreements. During the item's discussion, Council questioned the use of community facilities districts (CFDs) to finance public infrastructure for certain projects and phasing.
Staff clarified this as common practice and appropriate when consistent with DA provisions. Council Member White requested the item return to a future Council meeting with more details pertaining to CFDs. Since then, staff has clarified with Council Member White the intent of the request and, thus, will be bringing the CFD policy and review under a separate discussion item.
Resolution No. 1987-34 (DA Resolution), adopted May 11, 1987, sets forth the regulations and requirements for the City to enter into a development agreement (Attached) to include provisions for standards of review, findings, and decision, amendment, periodic review, and modification or termination.
Article 6 of the DA Resolution requires that all development agreements be reviewed by the Beaumont Planning Commission (Commission) annually to determine property owner (or parties to the development agreement) compliance with the terms of the agreement.
Previous Commission review periods found DA parties to be following DA provisions.
The City currently has nine (9) development agreements in effect. Of the nine (9), one (1) project has been completed, two (2) are inactive but have not expired, and six (6) are in progress, as shown in Table 1 below. Each of the development agreements have specific terms and conditions mutually agreed to by the City and developer.
Table 1
DEVELOPER
PROJECT
START
END
TERM
IN
YEARS
AMEND-
MENT
HOMES
PLANNED
REAMAINING
HOMES (%)
PROJECT
STATUS
1 Pardee
Homes
PLAN2024-
0150
Sundance
August
2004
August
2029
25 None to
date
4,597
2%
Active/In
Progress
2 Pardee
Homes
PLAN2024-
0152
Tournament Hills
November
2002
November
2027
25 May 19,
2024
409
0%
Active/In
Progress
3 SDC Fairway
Canyon, LLC
PLAN2024-
0145
Fairway Canyon
November
2002
November
2027
25 July 15,
2020
4,660
8.5%
Active/In
Progress
4 LV Heartland,
LLC
PLAN2024-
0146
Olivewood/Heartland
Specific Plan
October
1993
December
2028
35 December
7, 2016
1,224
1%
Active/In
Progress
5 Exeter Cherry
Valley Land,
LLC
PLAN2024-
0151
Sunny -Cal Specific
Plan
September
2007
September
2032
25 None to
date
597
100%
Inactive
6 McDonald
Property
Group
Hidden Canyon
Specific Plan
December
2019
December
2026
7 None to
date
N/A
N/A
Complete
PLAN2024-
0147
USEF
Crossroads
I I I , LLC
PLAN2024-
0149
Rolling Hills
June 2021
Terminated
upon either
party's
request
N/A
None to
date
N/A
N/A
Inactive
8 Beaumont
Pointe
Partners, LLC
Beaumont Pointe
July 2024
July 2034
10 None to
date
N/A
N/A
Active/ In
Progress
9 Oak Valley
Partners, LLC
DA 98 -DA -1
Oak Valley Greens/
Solera
April 1998
April 2033
35 None to
date
2,246
0%
Active
1. Pardee Homes' Sundance Specific Plan (PLAN2024-0150) Approved entitlements for the project consisted of the Sundance Specific Plan (SP), final environmental impact report (EIR), EIR Addendum, tentative tract maps on approximately 200 acres of land for a maximum of 4,597 single-family residential dwelling units, and associated improvements. Revisions were made to the original DA for Deutsch SP that allow for the formation of a CFD, variable fee rates, and extensions of the validity of tract maps for the length of the DA (see Attachment C).
• Property owners: Pardee Homes (Tri Pointe Homes).
• Annexation status: Annexed.
• Homes planned: 4,597.
• Homes left to build: 80.
• Status of Plan Checking: In review.
• Status of Permitting: (No. of homes that have pulled permits by percentage):98%. • Public Facilities Planned and Not Yet Built: Public infrastructure within the project area including street lighting, roads, sidewalks, and appurtenant facilities. • Current CFDs/IAs: CFD 93-1/IAs 8A -F.
o Term start dates: March 22, 2002 — May 29, 2015.
o Term end dates: 2042-43 — 2055-56 Fiscal Years or until a range of $10,000,000 - $7,834,000 of public infrastructure and services costs adjusted for inflation are satisfied.
o Complete: No.
o Eligible to Incur Further Bond Indebtedness: No.
o Amount of Further Bond Indebtedness: N/A.
• Amendments to DA: None to date.
• DA expiration date: August 2029.
2. Pardee Homes' Tournament Hills at Oak Valley Specific Plan (PLAN2024-0152) Tournament Hills is part of Specific Plan 318 (Oak Valley SCPGA) with entitlements for tentative maps and addendums to the EIR. The DA allows for phasing, annexation to a CFD, and variable formation and fee rates (see Attachment D). • Property owners: Pardee Homes (Tri Pointe Homes).
• Annexation status: Annexed.
• Homes planned: 409.
• Homes left to build: O.
• Status of Plan Checking: Complete.
• Status of Permitting: (No. of homes that have pulled permits by percentage):100% • Public Facilities Planned and Not Yet Built: None.
• Current CFDs/IAs: CFD 93-1/IAs 17A -C.
o Term start dates: July 1, 2005, December 5, 2006, and July 10, 2012. o Term end dates: 2043-44, 2050-2051, and 2056-57 Fiscal Years or until $9,750,000, 12, 000, 000, and/or $6,300,000 in public facilities infrastructure and/or services costs adjusted for inflation are satisfied. o Complete: Yes.
o Eligible to Incur Further Bond Indebtedness: No.
o Amount of Further Bond Indebtedness: N/A.
• Amendments to DA: May 29, 2014
• DA expiration date: November 2027
3. SDC Fairway Canyon LLC (PLAN2024-0145)
This DA was also a part of Specific Plan 318 (Oak Valley SCPGA). Entitlements also included an EIR addendum, substantial conformance findings, and vesting tentative tract maps. The DA allows for phasing development, annexation into a CFD and variable formation and fee rates (see Attachment E).
• Property owners: SDC Fairway Canyon LLC
• Annexation status: Annexed
• Homes planned: 4,660
• Homes left to build: 394
• Status of Plan Checking: In progress.
• Status of Permitting: (No. of homes that have pulled permits by percentage):91.5% • Public Facilities Planned and Not Yet Built: Public infrastructure within the project area including street lighting, roads, sidewalks, and appurtenant facilities. • Current CFDs/IAs: CFD 93-1/IAs 19A -F.
o Term start dates: November 3, 2004.
o Term end date: 2043-44 Fiscal Year or until $40,000,000 in public facilities infrastructure and/or services costs adjusted for inflation are satisfied. o Complete: No.
o Eligible to Incur Further Bond Indebtedness: No.
o Amount of Further Bond Indebtedness: N/A.
• Amendments to DA: First Amendment July 15, 2020
• DA expiration date: November 2027
4. Olivewood formerly LV Heartland LLC (PLAN2024-0146)
Olivewood., formerly known as the Heartland community, is completely comprised of the Heartland Specific Plan 417 -acre project area. The Heartland's Olivewood allows a maximum of 1,224 residential units and 11 acres of commercial land. Entitlements for this plan area included adoption of a Beaumont General Plan amendment and the specific plan, certification of an EIR, and approval of tentative tract maps. The DA has an option for one, five (5) year extension since permits for at least 500 residential lots were issued prior to original expiration. The DA addresses a settlement agreement issue, offers open
space land dedication, allowed for the formation of a CFD and a homeowner's association (HOA), required a deposit for said CFD formation to include sewer treatment of facilities, and outlined HOA obligations. A phasing plan was required, and variable fee rates were authorized. The DA extended validity of tract maps for 10 years with the opportunity for two (2), one (1) year extensions and authorized the filing of vesting tentative maps (see Attachment F).
• Property owners: Taylor Morrison Homes
• Annexation status: Annexed
• Homes planned: 1,224
• Homes left to build: 8
• Status of Plan Checking: In progress.
• Status of Permitting: (No. of homes that have pulled permits by percentage):99% • Public Facilities Planned and Not Yet Built: Public infrastructure within the project area including street lighting, roads, sidewalks, and appurtenant facilities. • Current CFDs/IAs: CFDs 93-1, 2018-1/IA 5.
o Term start date: 1993-94 Fiscal Year, July 1, 2018.
o Term end date: 2043-44 Fiscal Year.
o Complete: No.
o Eligible to Incur Further Bond Indebtedness: No.
o Amount of Further Bond Indebtedness: N/A.
• Amendments to DA: First Amendment December 7, 2016
• DA expiration date: December 2028
5. Exeter Cherry Valley Land LLC (PLAN2024-0151)
Entitlements included an adopted Beaumont General Plan amendment and the Sunny - Cal Specific Plan, a certified EIR, annexation, and approved tentative tract maps on approximately 200 acres of land for a maximum of 597 single-family residential dwelling units and associated improvements. The DA allows for CFD formation, phasing variable fee rates, and the Sunny Cal Specific Plan Statement of Benefits to the City is provided (see Attachment G).
• Property owners: Exeter Cherry Valley Land LLC
• Annexation status: Annexed
• Homes planned: 597
• Homes left to build: 597
• Status of Plan Checking: N/A.
• Status of Permitting: (No. of homes that have pulled permits by percentage):0% • Public Facilities Planned and Not Yet Built. Public infrastructure within the project area including street lighting, roads, sidewalks, and appurtenant facilities. • Current CFDs/IAs: CFD 93-1/IA 21.
o Term start date: N/A.
o Term end date: N/A.
o Complete: No.
o Eligible to Incur Further Bond Indebtedness: No.
o Amount of Further Bond Indebtedness: N/A.
• Amendments to DA: None to date
• DA expiration date: September 2032
6. McDonald Property Group (PLAN2024-0147)
This DA is a part of the Hidden Canyon Specific Plan. Entitlements included the specific plan, a certified EIR, and approved plot plan. Extensions were available for a period of up to eight (8) years from the initial expiration date (November 13, 2026) (see Attachment H).
• Property owners: McDonald Property Group
• Annexation status: Annexed
• Homes planned: N/A
• Homes left to build: N/A
• Status of Plan Checking: Completed.
• Status of Permitting: (No. of homes that have pulled permits by percentage):N/A • Public Facilities Planned and Not Yet Built: N/A.
• Current CFDs/IAs: No; N/A.
o Term start date: December 5, 2006.
o Term end date: 2143-441 Fiscal Year, or until 18, 000, 000 in public facilities infrastructure and/or services costs adjusted for inflation are satisfied. o Complete: Yes.
o Eligible to Incur Further Bond Indebtedness: No.
o Amount of Further Bond Indebtedness: N/A.
• Amendments to DA: None to date
• DA expiration date: December 2026
7. USEF Crossroads I, LLC
The entitlements authorized and vested by the DA include a general plan amendment and the Rolling Hills Specific Plan, a certified EIR, addendums to the EIR, an approved plot plan, and an approved tentative parcel map for 3 million square feet of industrial development. The original Rolling Hills Specific Plan was adopted in April 1991 and amended in 2000 (First Amendment), 2002 (Second Amendment) and 2004 (Third Amendment) to reflect changing market conditions and land use, planning and zoning trends for resilient and sustainable development. The 2018 Fourth Amendment was three -fold: 1. increase allowable building height, 2. clarify the permitted uses, and 3. recognize an eliminated zoning classification. In 2021, a separate DA was adopted to 1 Typographical error; typical terms traditionally range less than 100 years as is mentioned in other CFDs and other phases of the same CFD.
address sewer discharge limitations and establish a maximum allowable sewer flow (see Attachment l).
• Property owners: USEF Crossroads I LLC
• Homes planned: N/A
• Annexation status: Annexed
• Homes left to build: N/A
• Status of Plan Checking: N/A.
• Status of Permitting: (No. of homes that have pulled permits by percentage): N/A • Public Facilities Planned and Not Yet Built: N/A.
• Current CFDs/IAs: No; N/A.
o Term start date: N/A.
o Term end date: N/A.
o Complete: No; N/A.
o Eligible to Incur Further Bond Indebtedness: No.
o Amount of Further Bond Indebtedness: N/A.
• Amendments to DA: None to date
• DA expiration date: Upon Request
8. Beaumont Pointe Partners, LLC
Entitlements included an annexation, plan of services, pre -zone, general plan, amendment, specific plan, sign program, tentative parcel map, and a certified EIR. The DA contemplates a proposed 4,995,000 square feet of industrial uses, a 35,000 square - foot self -storage facility, 246,000 square feet of general commercial uses, a 125 -room hotel (approximately 90,000 square feet), for a total of approximately 5,331,000 square feet of developed area. The DA considered phased development and variable rates and fees, requires the construction of a new onsite sewer lift station that shall be constructed prior to issuance of the first project certificate of occupancy. • Property owners: Beaumont Pointe Partners LLC
• Annexation status: Pending Annexation
• Homes planned: N/A
• Homes left to build: N/A
• Status of Plan Checking: N/A.
• Status of Permitting: (No. of homes that have pulled permits by percentage): N/A • Public Facilities Planned and Not Yet Built: N/A.
• Current CFDs/IAs: No; N/A.
o Term start date: N/A.
o Term end date: N/A.
o Complete: No; N/A.
o Eligible to Incur Further Bond Indebtedness: No.
o Amount of Further Bond Indebtedness: N/A.
• Amendments to DA: None
• DA expiration date: July 2034
9. Oak Valley/Solera/Renaissance
Entitlements included an annexation, specific plan, tentative tract maps, and a certified EIR. The DA, EIR, and entitlements contemplated commercial uses, open space, and residential units and was extended to 35 years since permits had been issued and completed within the project area during the initial 25 -year term. • Property owners: Oak Valley Partners, LLC
• Annexation status: Annexed
• Homes planned: 2,246
• Homes left to build: 0
• Status of Plan Checking: N/A.
• Status of Permitting: (No. of homes that have pulled permits by percentage):100% • Public Facilities Planned and Not Yet Built: N/A.
• Current CFDs/lAs: CFD 93-1/IA 14A -B.
o Term start date: 2000-01 Fiscal Year.
o Term end date: 2036-37 Fiscal Year.
o Complete: No.
o Eligible to Incur Further Bond Indebtedness: No.
o Amount of Further Bond Indebtedness: N/A.
• Amendments to DA: None
• DA expiration date: April 28, 2033
DEVELOPMENT
AGREEMENT
START
END
TERM
Lockheed Corp
June 1995
June 2015
20 Years
Inland Investments Inc./
Orangewood
August 1993
August 2018
25 years
Wolverine/ McDonald
Prop Group
December
1993
December 2018
25 years
Hi -Sixty Associates
1994
2019
25 years
Coscan/ Stewart
Partnership
December
1993
December 2018
25 years
Loma Linda University
Wal-Mart
March 2005
March 2030
25 years
Loma Linda University
Home Depot
March 2005
March 2030
25 years
Olinger Commercial
November
1993
November 2018
25 years
Loma Linda University -
Seneca Springs
December
1993
December 2018
25 years
Omega Homes
September
1994
September 2019
25 years
Pulte Home Corporation
July 2003
July 2013
10 years
High Desert Partners,
LLC
December
2013
December 2017
5 years
Fellowship of the Pass
April 2004
April 2007
3 years
Highland Farms
May 1991
May 2016
25 years
Good Faith and Compliance:
Property owners and participants have demonstrated good faith and compliance efforts.
Planning Commission Authority:
Pursuant to Resolution 1987-34, Article 6, Section 601 states that "the City shall review the development agreement every 12 months from the date the agreement is entered into." Section 603 requires that the Planning Commission "conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement." On February 12, 2025, at the regularly scheduled Beaumont Planning Commission meeting by a vote of 4-0 made the determination that the active and effective development agreements comply with provisions.
Public Communications:
The Planning Commission annual review was published with a 10 -day hearing notice in addition to a public notice in the Press Enterprise (see attached). There were no written or in person comments received at the public hearing.
Summary:
The Beaumont Planning Commission's authority to review DAs is advisory in nature and limited to making recommendations to adopt ordinances authorizing the agreements.
While the Commission may evaluate proposed development agreements for consistency with the General Plan, zoning, and land use policy, the City Council retains the exclusive and ultimate authority to adopt ordinances authorizing the City to enter into and implement such agreements, pursuant to state law (Gov. Code § 65864 et seq.) and local municipal code provisions. Therefore, since any action taken by the Commission regarding a development agreement is non -binding and subject to final Council approval, it would be appropriate that compliance reviews be heard by the same body. This would facilitate a streamlined decision -making process to remedy any discrepancies, irregularities, or noncompliance issues without delay.
Staff recommends the City Council adopt the attached Resolution changing the DA annual review responsibility from the Planning Commission to the City Council.
Fiscal Impact:
The cost to prepare this report is approximately $350.
Recommended Action:
Receive and file this report;
And waive the full reading and adopt by title only, "A Resolution of the City Council of the City Of Beaumont, California, Amending Development Agreement (DA) Periodic Review Requirements"
Attachments:
A. Draft Resolution
B. Staff Report Dated February 18, 2025
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, AMENDING DEVELOPMENT AGREEMENT (DA) PERIODIC REVIEW
REQUIREMENTS
WHEREAS, Government Code authorizes cities and counties to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property and to establish procedures for consideration of applications for such agreements; and
WHEREAS, it is in the public interest to do so and the public health, safety and welfare will be promoted thereby by adopted ordinance; and
WHEREAS, decisions of the Planning Commission to determine ordinance compliance are final unless appealed, are nonbinding without final City Council approval, and City Council retains ultimate authority to adopt ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT AS FOLLOWS:
1. The Council finds that the above recitals are true and correct and incorporates them herein by this reference.
2. Periodic DA Review. The City Council hereby determines that periodic DA review as authorized by ordinance shall be determined and findings made by City Council to streamline decision -making and remedy of discrepancies, irregularities, or noncompliance issues.
3. Effective Date. This Resolution shall take effect immediately upon its adoption.
MOVED, PASSED AND ADOPTED this day of 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
By:
Mike Lara, Mayor, City of
Beaumont
ATTEST:
Nicole
Wheelwright
DEPUTY
CITY CLERK
By:
BEAUMONT
A -CALIFORNIA-
Staff Report
TO: City Council
FROM: Katie Jenson, Assistant Planner
Carole Kendrick, Interim Community Development Director DATE February 18, 2025
SUBJECT: PLAN2024-0145, PLAN2024-0146, PLAN2025-0147, PLAN2024-0149, PLAN2024-0150, PLAN2024-0151, PLAN2024-0152 Annual Review of Active Development Agreements (DA)
Description Annual review of active Development Agreements.
Background and Analysis:
The City of Beaumont Resolution No. 1987-34, adopted May 11, 1987, sets forth the regulations and requirements for the City to enter into a development agreement (Attachment A). The resolution contains seven (7) articles addressing the development agreement process. The articles are as follows:
1. Applications;
2. Notices and Hearings;
3. Standards of Review, Findings and Decision;
4. Amendment and Cancellation of Agreement by Mutual Consent;
5. Recordation;
6. Periodic Review; and
7. Modification or Termination.
Article 6 of Resolution 1987-34 requires that all development agreements be reviewed by the Planning Commission, annually. The intent of the annual review is to determine if the property owner (or parties to the development agreement), are complying with the terms of the agreement. Beginning in 2020, staff re-established the annual review process and each agreement is now reviewed annually at the Planning Commission. If the Commission finds the parties to the agreement to be compliant, the review period is concluded. If the Commission finds the parties non -compliant, it may take actions, per the resolution. For the previous review periods each agreement was found to be in compliance.
The City currently has seven (7) active development agreements. Of the seven (7) active agreements, one (1) project is completed, one (1) is not active and five (5) are in progress. Each of the development agreements have specific terms and conditions agreed to by the City and developer.
DEVELOPER
PROJECT
START
END
TERM
PROJECT
STATUS
Pardee
Homes
Sundance
August 2004
August 2029
25 years
Active/In
Progress
Pardee
Homes
Tournament
Hills
November 2002
November
2027
25 years
Active/In
Progress
SDC
Fairway
Canyon LLC
Fairway
Canyon
November 2002
November
2027
25 years
Active/In
Progress
LV
Heartland
LLC
Heartland
Specific
Plan/Olivewood
October 1993
December
2028
35 years
Active/In
Progress
Exeter
Cherry
Valley Land
LLC
Sunny -Cal
Specific Plan
September
2007
September
2032
25 years
Not Active
McDonald
Property
Group
Hidden Canyon
Specific Plan
December 2019
December
2026
7 years
Complete
USEF
Crossroads
III, LLC
Rolling Hills
June 2021
Terminated
upon either
party's
request
N/A
Active/ In
Progress
Pardee Homes (PLAN2024-0150)
Entitlements consist of Sundance Specific Plan, EIR Addendum, Tentative Maps on approximately 200 acres of land for a maximum of 4,597 single-family residential dwelling units and associated improvements. There were revisions to the original DA for Deutsch SP that allows for Community Facilities District (CFD), fee rates are not locked in and extends validity of tract maps for length of the DA (see Attachment C).
Pardee Homes (PLAN2024-0152)
Tournament Hills is part of Specific Plan 318 (Oak Valley SCPGA) more specifically, 409 dwelling units of the 4,660 dwelling units approved in the Oak Valley SCPGA SP, other entitlements consist of Tentative Maps, EIR and Addendums. The DA allows for
Phasing, Community Facilities District (CFD) and fee rates are not locked (see Attachment D).
SDC Fairway Canyon LLC (PLAN2024-0145)
This DA is a part of Specific Plan 318 (Oak Valley SCPGA) with a maximum of 4,660 dwelling units. Entitlements also include EIR and Addendum, Findings of Substantial Conformance, Vesting Tentative Maps. The DA allows for Phasing, Community Facilities District (CFD) and fee rates are not locked (see Attachment E).
LV Heartland LLC (PLAN2024-0146)
The Heartland SP consists of 417 acres allowing for a maximum of 1,224 residential units and 11 acres of commercial land. Entitlements also include a General Plan Amendment, Specific Plan, EIR, and Tentative Maps. The DA has an option for one, five (5) year extension if permits for at least 500 residential lots have been issued prior to original expiration. The DA addresses a settlement agreement issue and offers dedication. It allows for a Community Facilities District (CFD) and requires a deposit for formation. The DA provides for the establishment of a Homeowners Association (HOA) and outlines HOA obligations. It requires a Phasing Plan for phasing of the development and fee rates are not locked in. The DA extends validity of tract maps for ten years with the opportunity for two, one (1) year extensions and allows for vesting tentative maps. It also speaks extensively to sewer treatment and facilities (see Attachment F).
Exeter Cherry Valley Land LLC (PLAN2024-0151).
Entitlements include General Plan Amendment, Sunny -Cal Specific Plan, EIR, Annexation, Tentative Maps on approximately 200 acres of land for a maximum of 597 single-family residential dwelling units and associated improvements. The DA allows for Community Facilities District (CFD) and phasing. Fee rates are not locked in, and it provides a Statement of Benefits to the City (see Attachment G).
McDonald Property Group (PLAN2024-0147)
This DA is a part of Hidden Canyon Specific Plan. Entitlements include Specific Plan, EIR, and Plot Plan. Extension of the entitlements for Plot Plan 2018-0134 fora period of seven (7) years from the current expiration date (November 13, 2026). The allowance of assignment or transfer of the development agreement and establishes a maximum allowable sewer flow (see Attachment H).
USEF Crossroads I, LLC
This DA's entitlements include Rolling Hills Specific Plan, EIR, General Plan Amendment, Addendums, Plot Plan, and Parcel Map. The DA allows for 3 million square feet of industrial development which consists of 126 developable acres in the Rolling Hills Specific Plan. The original Rolling Hills Specific Plan was adopted in April 1991 and amended in 2000 ("First Amendment"), 2002 ("Second Amendment") and
2004 ("Third Amendment") to reflect changing market conditions and planning considerations. The Fourth Amendment in 2018 was three -fold, to amend zoning standards in the Specific Plan to increase allowable building height, amend zoning ordinance to clearly delineate the uses which are permitted and not permitted in this SPA Zone, and third to amend Permitted Land Uses to recognize that the City has eliminated the LM zoning classification on which the Permitted Land Uses were based and replaced it with a proposed Land use list based on the current M zoning classification. In 2021, a Development Agreement was adopted to address sewer discharge limitations and establish a maximum allowable sewer flow (see Attachment l).
Good Faith and Compliance:
Staff has reviewed all of the current Development Agreements and has determined that all property owners and participants have demonstrated good faith and compliance.
Planning Commission Authority:
Pursuant to Resolution 1987-34, Article 6, Section 601 states that "the City shall review the development agreement every 12 months from the date the agreement is entered into". Section 603 requires that the Planning Commission "conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement". Resolution 1987-34 is provided as Attachment A to this staff report. At the February 12, 2025, Planning Commission by a vote of 4-0 made the determination that development agreements are in compliance.
Public Communications:
The annual review was published with a 10 -day hearing notice in addition to a public notice in the Press Enterprise (see Attachment J). At the time of report preparation, the Planning Department has not received any letters of comment from the public in favor or opposition to the project. Any comments received prior to the time of the scheduled Planning Commission meeting will be provided to the Commission at the time of the public hearing.
Fiscal Impact:
The cost to prepare this report is approximately $250.
Recommended Action:
Receive and file.
Attachments:
A. Resolution No. 1987-34
B. Development Agreement Map
C. Pardee — Sundance DA (PLAN2024-0150)
D. Pardee — Tournament Hills DA (PLAN2024-0152)
E. Fairway Canyon DA (PLAN2024-0145)
F. Heartland DA (PLAN2024-0146)
G. Exeter Cherry Valley — SunnyCal DA (PLAN2024-0151)
H. Hidden Canyon DA (PLAN2024-0147)
I. Rollings Hills DA (PLAN2024-0149)
J. Proof of Publication
Incorporated by Reference:
• City of Beaumont General Plan
• City of Beaumont Zoning Ordinance
• Contents of City of Beaumont Planning Department's Development Agreement Project File PLAN2024-0145 through -0152, PLAN2021-0625, PLAN2021-0776, PLAN2022-0875, PLAN2023-0906 and PLAN2023-0920
RESOLUTION NO. 1987-34
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BEAUMONT, CALIFORNIA,
ESTABLISHING PROCEDURES AND REQUIREMENTS
FOR CONSIDERATION OF DEVELOPMENT AGREEMENTS
UNDER GOVERNMENT CODE, SECTIONS 65864-65869.5
WHEREAS, Government Code, Sec. 65864-65869.5 authorize
cities and counties to enter into binding development agreements with person having legal or equitable interests in real property for the development of such property and authorize the City of Beaumont to establish procedures for consideration of
applications for such agreements;
WHEREAS, it is in the public interest to do so and the
public health, safety and welfare will be promoted thereby,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
gable of Articles
Article 1 Applications
Article 2 Notices and Hearing
Article 3 Standards of Review, Findings and Decision
Article 4 Amendment and Cancellation of Agreement
by Mutual Consent
Article 5 Recordation
Article 6 Periodic Review
Article 7 Modification or Termination
ARTICLE 1 Applications
Section 101
Section 102
Section 103
Section 104
Section 105
Section 106
Authority for adoption
Forms and information
Fees
Qualification as an applicant
Proposed form of agreement
Review of application
Section 101. Authority for ad.pticn. These
regulations are adopted under the authority of Government Code -1-
Sections 65864-65869.5. The City of Beaumont, a Municipal Corporation, shall hereinafter be referred to as the "City".
Section 102. Forms and information.
(a) The Planning Director shall prescribe the form
for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements.
(b) The Planning Director may require an applicant to
submit such information a.nd supporting data as the Planning Director considers necessary to process the application.
Section 103. Fees. The applications and documents
provided for or required under these regulations shall be accompanied by non-refundable fees and charges for filing and processing in amounts determined by the City Council through a separate resolution, alone or in conjunction with setting other land use fees.
Section 104. Oualification as an applicant. Only
a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The Planning Director may require an applicant to submit proof of his interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Planning Director shall obtain the opinion of the City Attorney as to the sufficiency of the applicant's interest in the real property to enter into the agreement.
Section 105. proposed form of agreement. Each
application shall be accompanied by the form of development agreement proposed by the applicant. This requirement may be met by designating the City's standard form of development agreement and including specific proposals for changes in or additions to the language of the standard form.
Section 106. Review of application. The Planning
Director shall endorse on the application, the date it is received. He shall review the application and may reject it if it is incomplete or inaccurate for processing. If he finds that the application is complete, he shall accept it for filing. The director shall review the application and determine the additional requirements necessary to complete the agreement.
After receiving the required information, he shall prepare a staff report and recommendation and shall state whether or not the agreement proposed ox in an amended form would be consistent with the general plan and any applicable specific plan.
ARTICLE 2. Notices and Sparing
Section 201
Section 202
Section 203
Section 204
Section 205
Duty to give notice
Requirements for torm and time of
notice of intention to consider
adoption of development agreement
Failure to receive notice
Rules governing conduct of hearing
Irregularity in proceedings
Section 201. Duty to give notice. Upon receipt of
an application, the Planning Commission shall set a date for and - 2 -
hold a public hearing. The Planning Director shall give notice as required by Section 202 of intention to consider adoption of development agreement.
Section 202. Requirements for form and time of
notice of intention to consider doption of development
a�creement. Any public hearing held pursuant to the provisions of this Chapter shall be noticed in the following manner:
(a) Form of notice. The form of notice of intention
to consider adoption of development agreement shall contain:
(1) The time and place of the hearing;
(2) A general explanation of the matter to
be considered, including a general
description of the area affected; and
(3) Other information required by specific
provision of these regulations or which
the Planning Director considers necessary
or desirable.
(b) Time and manner of notice. Notice shall be given
at least ten calendar days before the hearing in the following manner:
(1) Publication or posting,. Publication at
least once in a newspaper of general
circulation, published and circulated in the
City or if there is none, posting in at
least 3 public places in the City; and
(2) Mailing, Mailing of the notice to all
persons shown on the last equalized
assessment roll as owning real property
within 300 feet of the property which is the
subject of the proposed development
agreement.
(c) Additional notice. The Planning Commission or
City Council as the case may be, may direct that notice of the public hearing to be held before it shall be given in a manner that exceeds the notice ::equirements prescribed by state law. (d) Declaration of existing law. The notice
requirements referred to in subsections (a) and (b) are declaratory of existing law (Govt. Code, Sec. 65867 and Sec. 65854, 65854.5 and 65856 as incorporated by reference). If state law prescribes a different notice requirement, notice shall be given in that manner.
Section 203. Failure to receive notice. The
failure of any person entitled to notice required by law or these regulations does not affect the authority of the City to enter into a development agreement.
Section 204. Rules governing conduct of hearing.
The public hearing shall be conducted as nearly as may be in accordance with the procedural standards adopted under Government Code, Sec. 65804 for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.
- 3 -
Section 205. Irregularity in proceedings. No
action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by a court by reason of any error, irregularity,
informality, neglect or emission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever, unless after or.. examination of the entire case, including the evidence, the court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not presumption that error is prejudicialor that injury was done if error is shown.
ARTICLE 3. Standards of Review. Findings and Decision
Section 301 Determination by Planning Commission
Section 302 Decision by City Council
Section 303 Approval of development agreement
Section 301. 'Determination by Planning Commission.
After the hearing by the Planning Commission, the Planning Commission shall make its; recommendation in writing to the City Council. The recommendation shall include the Planning
Commission's determination whether or not the development agreement proposed:
(1) Is consistent with the objectives, policies,
general land uses and programs specified in
the general plan and any applicable specific
plan;
(2) Is compatible with the uses authorized in,
and the regulations prescribed for, the land
use district in which the real property is
located;
(3) Is :.n conformity with public convenience,
general welfare and good land use practice,
(4) Will be detrimental to the health, safety
and general welfare,
(5) Will adversely affect the orderly
development of property or the preservation
of property values.
The recommendation shall include the reasons for recommendation.
Section 302. Decision by City Council.
(a) After receiving the recommendation from the
Planning Commission, the City Council shall hold a public hearing after giving notice as required by Section 202. After the City Council completes the public hearing, it may accept, modify or disapprove the recommendation of the Planning Commission. It may, but need not, refer matters not previously considered by the Planning Commission during its hearing back to the Planning Commission for report and recommendation. The Planning
Commission may, but need not, hold a public hearing on matters referred back to it by the City Councl.
- 4 -
(b) No development agreement may be approved by the
City Council unless all of the following conditions are met:
(1) The City Council must find that:
A. The provisions of the agreement are
consistent with the general plan and any
applicable specific plan; and
B. The development agreement complies with
all applicable zoning, subdivision, and
building regulations and with the general
and any relevant specific plan.
(2) The agreement must state:
A. The specific duration of the agreement;
B. The permitted uses of the property;
C. The density and intensity of use;
D. The maximum height and size of proposed
buildings;
E. Specific provisions for reservation or
dedication of land for public purposes.
Section 303. Approval of development agreement. If
the City Council approves the development agreement, it shall do so by the adoption of an ordinance.
After the ordinance approving the development
agreement takes effect, the City may enter into the agreement.
ARTICLE 4. Amendment and Cancellation of Agreement by Mutual Consent
Section 401 Initiation of amendment or
cancellation by mutual consent
Section 402 Procedure
Section 401. Initiation of amendment or
cancellation. Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.
Section 402. Procedure. The procedure for
proposing and adoption of an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement in the first instance (Articles 1 through 3).
However, where the City initiates the proposed
amendment to or cancelation in whole or in part of the
development agreement it shall first give notice to the property owner of its intention to initiate such proceddings at least ten days in advance of the giving of notice of intention to consider the amendment or cancellation required by Section 202.
ARTICLE 5. Recordation.
Section 501 Recordation of development agreement,
amendment or cancellation
- 5 -
Section 501. Recordation of development agreement,
amendment or cancellation.
(a) Within 10 days after the City enters into the
development agreement, the City Clerk shall have the agreement recorded with the County Recorder.
(b) If the parties to the agreement or their
successors in interest aa.end or cancel the agreement as provided in Government Code, Sec. 65868, or if the City terminates or modifies the agreement as provided in Government Code Sec. 6586.1 for failure of the applicant to comply in good faith with the terms and conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.
ARTICLE 6. Periodic RevieN
Section 601
Section 602
Section 603
Section 604
Section 605
Time for and initiation of review
Notice of periodic review
Public hearing
Findings upon public hearing
Procedure upon findings
Section 601. Time for and initiation of review.
The City shall review the development agreement every twelve months from the date the agreement is entered into.
The time for review may be modified either by
agreement between the parties or by initiation in one or more of the following ways:
(1) Recommendation of the planning staff;
(2) Affirmative vote of at least three members
of the Planning Commission;
(3) Affirmative vote of at least three members
of the City Council
Section 602. Notice of perioac review. The
Planning Director shall begin the review proceeding by giving notice that the Planning Commission intends to undertake a periodic review of the development agreement to the property owner. He shall give notice at least ten days in advance of the time at which the matter will be considered by the Planning Commission.
Section 603. Public hearing. The Planning
Commission shall conduct a public hearing at which the property owner must demonstrate good faith compliance with the terms of the agreement. The burden of proof on this issue is upon the property owner.
Section 604. Findings upon public hearing. The
Planning Commission shall determine upon the basis of substantial evidence whether or not :he property owner has, for the period under review, complied in good faith with the terms and conditions of the agreement.
Section 605. Procedure upon findings.
(a) If the Planning Commission finds and determines
on the basis of substantial evidence that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review for that period is concluded.
- 6 -
(b) If the Planning Commission finds and determines
on the basis of substantial evidence that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the Planning Commission may modify or terminate the agreement.
(c) The Planning Comniossion shall make its decision
within 20 days after the close of the public hearing. Notice of the decision shall be filed by the Planning Director with the City Clerk, together witha report of the proceedngs, not more than 10 days after the decision. A copy of the notice of decision shall be mailed by registered mail to the applicant. If the Planning Commission is unable to make a decision, that fact shall be reported to the City Council in the same manner for reporting decisions and the failure to make a decision shall constitute a denial of the application. The decision of the Planning Commission shall be final unless, within 15 days of the mailing of said decision, the applicant or any interested person files an appeal accompanied by the fees set forth in the fee schedule with the City Clerk or unless the Council orders the matter set for public hearing.
ARTICLE 7. Modification or Termination.
Section 701 Proceedings upon modification or
termination
Section 702 Hearing on modification or
termination
Section 701. proceedings upon modification or
termination. If, upon a finding under Section 605(b), the City determines to proceed with modification or termination of the agreement, the City shalt. give notice referred to in Section 605 (c) to the property owner: of its intention so to do. The notice shall contain:
(1) The time and place of the hearing;
(2) A statement as to whether or not the City
proposes to terminate or to modify the
development agreement;
(3) Other information which the City considers
necessary to inform the property owner of the
nature of the proceeding.
Section 702. Hearing on modification or
termination. At the time and place set for the hearing on modification or termination, the property owner shall be given an opportunity to be heard. The City Council may refer the matter back to the Planning Commission for further proceedings or for report and recommendation. The City Council may impose those conditions to the action it takes as it considers necessary to protect the interests of the City. The decision of the City Council is final.
NOW THEREFORE, IT IS HEREBY RESOLVED as folows:
The City Council of the City of Beaumont, California does hereby approve the procedures and requirements of development agreements.
MOVED, PASSED AND ADOPTED this 11th day of May, 1987, by the following vote:
-7-
AYES: Council Member Connors, Shaw, Waller and Mayor Partain.
NOES: None.
ABSTAIN: None.
ABSENT: None.
ATTEST:
CITY CLE K
APPROVE
CITY ATTO
MAY if' OF THE CITY OF BEAUMONT
CERTIFICATIQN
The foregoing is certified to be a true copy of Resolution No. 1987- 34, duly adopted by said City Council on the date herein set forth.
8 CITY CLERK, CITY OF BEAUMONT
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Created By: Bradley Barnhart
Date: Feb 6 2025
ORDINANCE NO. 869
AN UNCOOD ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BEAIIODNT, CALIFORNIA, ADOPTING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF BEAUMONT AND
PARDEE HOMES
(PURSUANT TO GOVERNMENT CODE SECTIONS 65864-65869.5)
WHEREAS, in order to strengthen the public planning process, to encourage private participation in cow. , . e planning, and the reduce the economic risks of develo pment, the Legislature of the S e of California has adopted Sections 65864 through 65869.5 of the Government Code w u'ch authorize the City of Beaumont (hereinafter referred to as "City") to enter into a Development Age; and
WHEREA the Beaumont City Council adopted an Addendum to the Deutsch Specific Plan Environmental Report, in conjunction with the approval of Pardee Homes' Sundance Specific Plan on Ma 4, 2004, and the City Council finds that the findings made in connection with said Addendum are applicable and adequately address the environmental implications associated with the actions; and
WHERE the applicant, Pardee Homes, proposed and submitted and City staff has reviewed and neg the Development Agreement between Pardee Homes and the City, to govern the carrying ut of the Sundance Specific Plan in a manner that will ensure certain anticipated benefits both the City and Pardee Homes; and WHEREAS, duly noticed public hearings were conducted on this matter as required by law by the Planning Commission on June 8, 2004 and the City Council on July 20, 2004, and the Planning Commission recommends that the City Council approve the proposed Development Agreement based upon the following findings:
1. The proposed agreement is consistent with the objectives, policies, general land uses and programs specified in the Beaumont General Plan;
2. The proposed agreement facilitates land uses which are compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real iroperty is located;
3. The proposed agreement is in conformity with public convenience, general welfare and good land use planning practice;
ORDINANCE NO. 869
4. The proposed agreement will not be detrimental to the health, safety general welfare;
5. The proposed agreement will not adversely affect the orderly develo ► i of the property or the preservation of property values;
6. The proposed agreement will facilitate quality master planned develo ► ► u ent, the Sundance Specific Plan, which will aid in the economic development • f the City; and
7. The proposed agreement will not have an adverse impact on the envir ► nment.
WHEREAS, the City Council of the City of Beaumont has reviewed the r : + ns for the recommendation of approval by the Planning Commission as described above.
THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1: It has been determined that:
A. The provisions of the Development Agreement between the City and ► ardee Homes are consistent with the General Plan; and
B. The Development Agreement complies with all applicable zoning, su ► ► 'vision and building regulations and with the Sundance Specific Plan; and C. The Development Agreement states the duration of the Agreement be a period of 25 years, sets forth the uses of the property, and the density and intensity of use, and sets forth the maximum height and size of proposed buil ► ' and provides for the reservation, dedication and improvement of land for public facility uses.
SECTION 2: The Development Agreement between the City and Pardee H . es attached hereto as Exhibit "A" is hereby approved and the Mayor of the City of : . ► is authorized and directed to execute said Development Agreement on behalf of the Ci on or after the date when by law this Ordinance shall take effect.
SECTION 3: This Ordinance shall take effect thirty (30) days after its final ; ; and within fifteen (15) days after its passage the City Clerk shall cause a summary to be r ► fished in a newspaper of general circulation, printed and published in the City of Beaumont, in manner prescribed by law for publishing of ordinances of said City.
ORDINANCE NO
869
MOVED, PASSED AND ADOPTED THIS 17th DAY OF August
2004 BY THE FOLLOWING VOTE:
AYES: Mayor Diessel, Council Members Fox, DeForge, Berg, and Killough.
NOES: None.
ABSTAIN: None
ABSENT: None
ATTEST:
KAYO i C ` OF B UMONT
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk
City of Beaumont
550 East Sixth Street
Beaumont, California 92223
EXEMPT: GOV'T
CODE § 6103
(Pur
(Space above
D0C # 2006-0172944
03/10/2006 08:00A Fee:NC
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
1111111111111 Ill! 1111111111111111
11111 1111111111111111
C
DEVELOPMENT AGREEMENT
NO. 04 -DA -06
BETWEEN
THE CITY OF BEAUMONT
AND
PARDEE HOMES
(SUNDANCE SPECIFIC PLAN)
ant to California Government Code Sections 65864 - 65869.5 and City of Beaumont Resolution No. 1987-34)
August 17, ,2004
R
5/11,04 4000.88
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TABLE OF CONTENTS
Page
1. DEFINITIONS 2
2. EXHIBITS 3
3. MUTUAL BENEFITS 3
4. INTEREST OF THE DEVELOPER 3
5. BINDING EFFECT OF AGREEMENT 4
6. PROJECT AS A PRIVATE UNDERTAKING 4
7. TERM 4
8. HOLD HARMLESS 4
9. VESTED RIGHT 4
10. DEVELOPMENT OF THE PROJECT 5
10.1 Phasing and Timing of Development 5
10.2 Effect of Agreement on Land Use Regulations 5
10.3 Application Processing 5
10.4 Administrative Changes and Amendments 5
10.5 Mello -Roos Communities Facilities Districts; Other Assessment Districts or Financing Mechanisms 6
10.6 Public Services and Facilities 6
10.7 Other Governmental or Quasi -Governmental Permits 6
10.8 Consistency Between This Agreement and Current Laws 6
10.9 Assessments, Fees, Mitigation and Exactions 7
10.10 Reimbursement by the City 7
11. RULES, REGULATIONS, REQUIREMENTS AND OFFICIAL POLICIES 7
11.1 New Rules 7
11.2 State and Federal Laws 8
12. AMENDMENT OR CANCELLATION OF AGREEMENT 8
13. ENFORCEMENT 8
14. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT 8
15. Events of Default 9
15.1 Default by the Developer 9
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TABLE OF CONTENTS
Page
15.2 Default by the City 9
15.3 Specific Performance Remedy 9
16. INSTITUTION OF LEGAL ACTION 10
17. WAIVERS AND DELAYS 10
17.1 Waiver 10
17.2 Third Parties 10
17.3 Force Majeure
10 18. NOTICES 10
19. ATTORNEYS' FEES 11
20. TRANSFERS AND ASSIGNMENTS 11
20.1 Right to Assign 11
20.2 Release Upon Transfer 11
21. COOPERATION IN THE EVENT OF LEGAL CHALLENGE 11
22. EMINENT DOMAIN 11
23. AUTHORITY TO EXECUTE 11
24. ESTOPPEL CERTIFICATES 11
25. RECORDATION 12
26. PROTECTION OF MORTGAGE HOLDERS 12
27. SEVERABILITY OF TERMS 13
28. SUBSEQUENT AMENDMENT TO AUTHORIZING STATUTE 13
29. INTERPRETATION AND GOVERNING LAW 13
30. SECTION HEADINGS 13
31. INCORPORATION OF RECITALS AND EXHIBITS 13
32. RULES OF CONSTRUCTION AND MISCELLANEOUS TERMS 13
32.1 Gender 13
32.2 Time df Essence 13
32.3 Cooperation 13
33. TENTATIVE TRACT MAP EXTENSIONS 13
34. DEUTSCH DEVELOPMENT AGREEMENT 14
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H&C,: 410638 v3
DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into to be effective on Lick 7 , 2004, between PARDEE HOMES, a California corporation (the "Developer"), and' the CITY OF BEAUMONT, a municipal corporation organized and existing under the laws of the State of California (the "City"). The Developer and the City are sometimes collectively referred to herein as the "parties."
RECITALS:
This Agreement is predicated upon the following facts:
A. These Recitals use certain capitalized terms which are defined in this Agreement.
B. Government Code Sections 65864 - 65869.5 authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. The City has implemented the law contained in such sections by adopting Resolution No. 1987-34, titled "Establishing Procedures and Requirements for Consideration of Development Agreements" (such Resolution, together with the aforementioned Government Code Sections, are being referred to herein as the "Development Agreement Law").
C. ! This Agreement is adopted pursuant to the Development Agreement Law.
D. Developer owns a portion of the property and is under a binding legal contract to acquire the remainder of the property located in the City and more particularly described on Exhibit "A" and as shown on Exhibit "B" attached and made a part of this Agreement (the "Property").
E. The Developer intends to develop the Property in accordance with the Amendment to the Deutsch Specific Plan ("Sundance Specific Plan") as part of the Development Plan, as hereinafter defined (the "Project"). The Project is highly capital intensive, especially in its initial phases, which, in order to make the Project economically and fiscally feasible, requires major commitment to and investment in public facilities and on -site and off -site infrastructure improvements prior to the construction and sale or leasing of residential and commercial buildings. This Agreement will facilitate the logical and orderly development of the Project in the City.
F. The City has determined the Development Plan is consistent with the City General Plan and has approved the Development Plan in order to promote the health, safety and welfare of its citizens and protect the quality of life of the community and the surrounding environment. The Development Plan consists of the Sundance Specific Plan, the Addendum to the Sundance EIR, and Tentative Tract Map Nos. 31468, 31469, 31470 and 31893 approved by 5 11.04 4000.88
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the City Council of City on May 4, 2004 by Resolution No. 2004-23. As part of the process of approving the Development Plan, the City has prepared and reviewed, pursuant to the California Environmental Quality Act ("CEQA"), an Addendum to the Deutsch Specific Plan EIR, with respect to the potential significant impacts of the Project resulting from development of the Property. The City has determined based on that review that the Addendum to the EIR adequately addressethe potential significant impacts of the Project, and that accordingly neither a supplemental nor s bsequent environmental impact report is required for the Development Plan and/or this Agreement.
G. All of the proceedings relating to the approval of the Agreement have been conducted in accord ce with the Development Agreement Law and CEQA.
H. On
No. %/' approvin this Agreement with the Developer.
7� 2004, the City Council of the City adopted Ordinance I. The terms and conditions of this Agreement have undergone extensive review by the City and its City Council and have been found to be fair, just and reasonable, and the City has found and determined that the execution of this Agreement is in the best interest of the public health, safety and general welfare of the City and its residents and that adopting this Agreement constitutes a present exercise of its police power.
AGREEMENT
In lig t of the foregoing Recitals, which are an operative part of this Agreement, the parties agree as f /lows:
1. DEFINITIONS.
"Agreement" is this Development Agreement.
"Agreement Date" is the date this Agreement is approved by the City Council. "Alte ative Financing Mechanism" has the meaning given that phrase in Section 10.5 below.
"CE A" is the California Environmental Quality Act, Public Resources Code section 21000 et seq.
"C " is a Community Facilities District formed pursuant to the Mello -Roos Community Facilitie Act of 1982, California Government Code section 53312 et seq. "City' is the City of Beaumont, California.
"Citys Discretion" is discretion exercised by the City in accordance with the policies and principles set forth in the Development Plan, this Agreement and the procedures in effect as of the Effective Date such that the approvals given by the City to the Developer pursuant to the exercise of such discretion shall not be unreasonably withheld or delayed. 5,1 L04 4000.88
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"Dev
and successors in int
"Dev
et seq., and Resolu
Consideration of De
toper" is Pardee Homes, a California corporation, their subsidiary entities, est to all or any part of the Property.
lopment Agreement Law" is California Government Code sections 65864 ion No. 1987-34, titled "Establishing Procedures and Requirements for elopment Agreements."
"Development Plan" is, collectively, the permits, conditions and approvals listed on Exhibit "C."
"Ef ive Date" is that date which is the later to occur of (a) the expiration of the time for filing a ref endum petition relating to this Agreement if no such petition is filed within such period, or (b) the certification of the results of a referendum election are declared approving this Agreement if a referendum petition is filed within the applicable period. "EM"" is Addendum to the Deutsch Specific Plan Environmental Impact Report certified by the City Council of City on January 14, 1991 (Resolution No. 1991-03). "Project" is the proposed mixed -use development of the Property included within the Development Plan and associated amenities, including, without limitation, on -site and off -site public and private improvements, and land uses consisting of residential (approximately 4,450 dwelling units), commercial, parks and schools, as the same may be further defined, enhanced or modified pursuant to the provisions of this Agreement. "Property" is the real property on which the Project is, or will be, located as described on Exhibit "A" attached hereto and shown on Exhibit "B" attached hereto.
2. EXHIBITS. The following documents are referred to in this Agreement, attached hereto and incorporated herein by this reference:
Exhbit Designation Description
A Legal Description of the Property
B Map of the Property
C List of Permits and Approvals
3. MUTUAL BENEFITS. This Agreement is entered into for the purpose of implementing the Development Plan for the Project in a manner that will secure certain assurances to the Developer that the Property may be developed in accordance with the Development Plan and this Agreement, and certain benefits to the City as set forth in this Agreement. The City and the Developer agree that, due to the size and duration of the Project, the Agreement is necessary to achieve those desired benefits.
4. INTEREST OF THE DEVELOPER. The Developer represents that the Developer owns a legal fee in a portion of the Property and an equitable interest in a portion of the Property. 5/11;'04 4000.88
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5. BINDING EFFECT OF AGREEMENT. The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns as set forth herein.
6. PROJECT AS A PRIVATE UNDERTAKING. It is specifically understood and agreed that the development of the Project is a private and not a public sector development, that neither party is actin
independent contract
this Agreement. No
Agreement. The on
entity regulating th
equitable owner of tl
as the agent of the other in any respect hereunder, and that each party is an ing entity with respect to the terms, covenants and conditions contained in partnership, joint venture or other association of any kind is formed by this y relationship between the City and the Developer is that of a government development of private property by the owner of the Property and the e Deutsch Parcels.
7. TERM. The term of this Agreement shall be twenty-five (25) years following the Effective Date. Expiration of the term of this Agreement shall not in any manner affect rights which have otherwise vested under applicable law.
8. HOLD HARMLESS The Developer shall hold the City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death and claims for property damage, arising on the Property from the wrongful or negligent activities of the Developer or those of the Developer's contractors, subcontractors, agents, employees or other persons acting on the Developer's behalf which relate to the Project.
In the event any person not a party or a successor to a party to this Agreement institutes any type of action against the City with respect to this Agreement, City and Developer shall cooperate in defending against th action, provided that City may, in its sole discretion, elect to tender the defense of such act, n to the Developer. If the Developer accepts the tender, the Developer shall thereafter hold City less from and defend City from all costs and expenses incurred in the defense of such act, n, provided that City fully cooperates with the Developer in the defense of such action. If the eveloper declines the tender, then City shall have no further obligation or duty to defend the action.
9. VESTED RI HT. By entering into this Agreement the City grants to the Developer a vested right to devel p the Property in accordance with the Development Plan. The City shall not enact and enfor against the Project and the Development Plan an ordinance, policy, rule, regulation or other ensure which significantly alters the rate, type, manner, density, timing or sequencing of the Project and the Development Plan. In addition to and not in limitation of the foregoing, it is the intent of the Developer and the City that no moratorium, whether relating to the rate, type, manner, density, timing or sequencing of the Project and whether or not enacted by initiative or otherwise, except a moratorium imposed by the City to implement State or Federal laws, statutes, regulations, policies or orders as provided in Section 11.2, affecting parcel or subdivision maps, building permits, plot plans, special use permits, conditional use permits, occupancy certificates or other entitlements to use or permits approved, issued or granted within the City, or portions of the City, shall not apply to the Project to the extent such moratorium or other limitation is in conflict with the Project and the Development Plan. Notwithstanding the foregoing, should an ordinance, general plan or zoning amendment, measure, moratorium, policy, rule, regulation or other limitation enacted by the citizens of the City through the initiative process be determined by a court of competent jurisdiction to invalidate or prevail over 5/'11,04 4000.88
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all or any part of the Development Plan, the Developer shall have no recourse against the City pursuant to this Agreement. The foregoing shall not be deemed to limit the Developer's right to appeal any such deteimination of such ordinance, general plan or zoning amendment, measure, policy, rule, regulatirn, moratorium or other limitation which purports to invalidate or prevail over all or any part of this Agreement.
10. DEVELOPI ENT OF TICE PROJECT.
10.1 Phasing and Timing of Development. When or the order in which Project phases will be developed, or whether it will be developed at all, depend upon numerous factors which are not within the control of the Developer or City, such as market orientation and demand, interest rates, availability of funding, competition and other similar factors.
Accordingly, to the extent permitted by the Development Plan and this Agreement, the Developer shall have the right to develop the Project pursuant to the Development Plan in phases in such order and at such times as the Developer, in its sole discretion, deems appropriate within the exercise of its subjective business judgment; provided, however, that the City reserves the right to review, condition and approve each phase through discretionary and ministerial approvals consistent with this Agreement.
10.2 Effect of Agreement on Land Use Regulations. The rules, regulations and policies governing permitted uses of property, the density and intensity of use of property, the maximum height and size of proposed buildings and the design, improvement, construction and development standards and specifications applicable to development of the Property are those rules, regulations and policies in force as of the date of this Agreement, and those rules, regulations and official policies which may hereinafter be adopted by the City in accordance with Section 11.1 hereof, or State or Federal laws, statutes, regulations, policies or orders as provided in Section 11.2.
10.3 Application Processing. In connection with any approval which the City is permitted or has the right to make under this Agreement relating to the Project and the Development Plan, r otherwise under its rules, regulations and official policies, the City shall exercise the City's iscretion or take action in a manner which is as expeditious as reasonably possible.
10.4 Administrative Changes and Amendments. The parties acknowledge that further planning andl development of the Project may demonstrate that refinements and changes are appropriate with respect to the details of the Project or interpretation of the Development Plan. If and when the parties find that minor changes or adjustments are necessary or appropriate to the Project or the Development Plan, they shall, unless otherwise required by law, effectuate such changes or adjustments through administrative amendments approved by the Director of Plannin which, after execution, shall be attached hereto as addenda and become a part hereof, and ma be further changed and amended from time to time as necessary, with approval by the Dir or of Planning as may be requested by the Developer. Minor changes or amendments shall b those which are consistent with the overall intent of the Development Plan and this Agreement nd which do not materially alter the overall nature, scope, or design of the Project. Any such minor administrative changes or amendments shall not be deemed to be an 5/11`04 4000.88
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amendment to this Agreement under Government Code Section 65868 and, unless otherwise required by law, no s ch administrative amendments shall require prior notice or hearing.
10.5 Mello -Roos Communities Facilities Districts; Other Assessment Districts or Financing Mechanisms. Pursuant to Chapter 2.5 (commencing with section 53312) Part 1, Division 2, Title 5 of the Government Code of the State of California, commonly known as the "Mello -Roos Community Facilities Act of 1982," the Developer may, at its sole election, petition the City Council of the City or a joint powers agency in which the City is a member to establish a Community Facilities District ("CFD"), in accordance with the City's policies in existence on the Effective Date. Alternatively, or in addition thereto, the Developer may request that the City initiate and complete proceedings under the Municipal Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, or any and all other available public financing mechanism, to provide public conduit financing for the construction of public infrastructure improvements on the Property ("Alternative Financing Mechanisms"). If so requested by the Developer, the City shall cooperate with the Developer (or, for matters beyond its control, shall use its best efforts) in taking all steps necessary to cause the CFD or Alternative Financing Mechanisms to issue bonds for such purposes. If the Property is included within a CFD or Alternative Funding Mechanism with other surrounding properties, the special taxes or special assessments burdening the various properties so included shall be apportioned on a fair share basis related to the benefit derived by each of such properties in accordance with City policies at the time such property is included.
10.6 Public Services and Facilities. The Project and Development Plan requires an integrated roadway system, and other public facilities including parks, schools, storm drains, and water and sewer facilities. City will reasonably assist Developer in obtaining public facilities and services for the Project on a timely basis in keeping with the pace of development of the Property. To the extent that the Developer constructs, installs or provides financing for public facilities or other public infrastructure improvements that benefit lands outside of the Property, the City shall use best reasonable efforts to adopt such ordinances, mitigation fees, liens or assessments as are necessary to provide credits, reimbursements, or in -kind funding to the Developer for the fair share of the benefits conferred upon such lands other than the Property by such public facilities or infrastructure improvements.
10.7 Other Governmental or Quasi -Governmental Permits. The Developer shall apply for such other permits and approvals as may be required by other governmental or quasi -governmental agencies having jurisdiction over the Project (such as public utilities or utility districts, or other federal or state agencies) to the extent required for the development of, or provision of, services and facilities to the Project as set forth in the Development Plan. The City shall cooperate with and assist the Developer in obtaining such permits and approvals, and, where necessary in making application for such approvals or permits. The Developer shall be solely responsible for all costs and shall be responsible for the processing of all such permits.
10.8 Consistency Between This Agreement and Current Laws. The City represents that as of the date of the execution of this Agreement, there are no rules, regulations, ordinances or official policies of the City that would interfere with the development of the Project according to the Development Plan.
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10.9 Asses meats, Fees, Mitigation and Exactions. The City shall not impose any future assessment, fee, mitigation measure or exaction on the Property, the Project or the Development Plan of any portion thereof, except (a) those existing and proposed assessments, fees, mitigation measures and exactions in existence on the date of this Agreement, (b) such other fees, assessme ts and exactions as may be adopted or imposed by the City in conformance with the requireme ts of Article XIII D of the California Constitution, (c) such other development impact ees or categories of development impact fees which are adopted on a City or County -wide basi or as required as a condition to obtaining County funding; and (d) such other development i pact fees or categories of development impact fees which are imposed on other development p ojects in the City and are adopted and levied based on a benefit assessment.
Fees payable to City shall be at rates applicable on the date the fee is paid. City shall recognize and apply a dollar -f r -dollar in -lieu credit against any and all fees, for and equal to the cost of improvements and/o dedications made in the development of the Project by the Developer, or funded by any CFD r Alternative Financing Mechanism including the Property, and for which the fees would oth se be imposed. City further agrees to use any fees paid with respect to development of the Project to fund improvements which benefit the Project, to the fullest reasonable extent av 'lable and applicable under the law.
10.10 Reim ursement by the City. Pursuant to Government Code Section 65865.2, the City hereby agr s that as future development fees, assessments and exactions are imposed on future projects which have benefited from the fees, assessments and exactions paid by the Developer, the City shall promptly reimburse the Developer to the extent that such fees, assessments and exactions paid by Developer benefited lands outside of the Property, but only to the extent that the City actually receives or collects such fees, assessments or exactions for a period of ten years frpm the date the fee was paid.
11. RULES, REGULATIONS, REQUIREMENTS AND OFFICIAL POLICIES.
11..1 New
following new rules,
benefit basis:
11.1.1 estimated actual cos
monitoring compliar
environmental impac
11.1 notices, findings, re<
procedure, provided
materially interferin
11.1.3 including, without li
Electrical Code and I
[tules. This Agreement shall not prevent the City from applying the regulations, requirements and policies, if applied on a City-wide or area of Processing fees and charges imposed by the City which cover only the s to the City of processing applications for development approvals, for ce with any development approvals or for monitoring compliance with mitigation measures.
Procedural regulations relating to hearing bodies, petitions, applications, Ards, hearings, reports, recommendations, appeals and any other matter of that such changes in procedural regulations do not have the effect of with the benefits conferred by this Agreement.
Regulations governing construction standards and specifications mitation, the City's Building Code, Plumbing Code, Mechanical Code, ire Code.
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11.1. Regulations which are necessary to protect public health and safety, provided that to the mum extent possible such regulations shall be designed, construed and applied in a manner to preserve the benefits of this Agreement.
11.1.5 New or increased fees or categories of fees imposed as a condition of development, for the purpose of defraying all or a portion of the cost of public facilities (as defined in Government Code Sections 66000 et seq.) related to development projects.
11.1.6 Regulations which are in conflict with the Development Plan or this Agreement if such regulations have been consented to in writing by the Developer.
11.2 State
enacted after this A
provisions of this
as may be neces
however, that this
inconsistent with
render such remaini
and Federal Laws. In the event that State or Federal laws or regulations eement is executed prevent or preclude compliance with one or more of the eement, such provisions of this Agreement shall be modified or suspended to comply with such State or Federal laws or regulations; provided, eement shall remain in full force and effect to the extent it is not h laws or regulations and to the extent such laws or regulations do not g provisions impractical to enforce.
12. AMENDMENT OR CANCELLATION OF AGREEMENT. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868.
13. ENFORCE
modified or suspen
enforceable by eith
specific plan, zonin,
of the City unless
Agreement) which
Agreement.
14. PERIODIC
review this Agree
During each periodi
the terms of this A
City Manager and
such periodic revi
compliance with thi
City Council. The City Council on appeal shall not hold a public hearing to review a finding that the Developer is no in good faith compliance with this Agreement unless so requested by the Developer in writin at the time of the submission of such appeal. The City shall notify the Developer in writin of the date for review at least thirty (30) days prior thereto. The Developer shall pay or reimbur a the City for the City's reasonable costs incurred in connection with such periodic reviews.
NT. Unless amended or canceled as provided in Section 12 above, or ed pursuant to Government Code Section 65869.5, this Agreement is party hereto notwithstanding any change in any applicable general or or subdivision regulation or standard adopted by the City (or by the voters bund by a court of competent and final jurisdiction to prevail over this alters or amends the Development Plan or is inconsistent with this REVIEW OF COMPLIANCE WITH AGREEMENT. The City shall
nt at least once every year from the date this Agreement is executed. review, each party is required to demonstrate good faith compliance with eement. Such periodic review shall be conducted administratively by the y appropriate department heads designated by the City Manager to perform . If the City Manager finds that the Developer is not in good faith Agreement, the Developer shall have the right to appeal such finding to the 5/11i04 4000.8S
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15. Events of Deault.
15.1 Defa It by the Developer. If the City Council determines on the basis of substantial evidence Upon appeal of the City Manager's decision pursuant to Section 14 hereof that the Developer has not complied in good faith with the terms and conditions of this Agreement, it shall, by written notice to the Developer, specify the manner in which the Developer has failed to so comply and state the steps the Developer must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from the City specifying the manner in which the Developer has failed to so comply, the Developer does not commence action reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the Developer shall be deemed to be in default under the terms of this Agreement and the City may, if such failure persists after thirty (30) days' prior written notice, exercise its rights and remedies pursuant to Section 15.3.
15.2 Default by the City. If the Developer determines on the basis of substantial evidence that the City has not complied in good faith with the terms and conditions of this Agreement, the Developer shall, by written notice to the City, specify the manner in which the City has failed to so comply and state the steps the City must take to bring itself into compliance.
If, within sixty (60) days after the effective date of notice from the Developer specifying the manner in which the City has failed to so comply, the City does not commence steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the City shall be deemed to be in default under the terms of this Agreement and if such failure persists after thirty days prior written notice, the Developer may terminate this Agreement or seek specific performance as set forth in Section 15.3.
15.3 Specific Performance Remedy. Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its natural condition following development of all or any portion of the Property. After such development, the Developer may be foreclosed from other choices it may have had to utilize the Property. The Developer has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing substantially more time and resources in implementing the Project in reliance upon the terms of this Agreement. It would be difficult or impossible to accurately determine the sum of money which would adequately compensate the Developer for such efforts. For the above reasons, the City and the Developer agree that damages alone would not be an adequate remedy if the City fails to carry out its obligations under this Agreement. Similarly, if the Developer breaches certain of its obligations hereunder, monetary damages may not constitute an adequate remedy for the City.
Therefore, the parties agree that specific performance of this Agreement is an appropriate remedy if either party defaults and fails to perform its non -monetary obligations under this Agreement. Notwithstanding the foregoing, nothing in this Agreement is intended to prevent either party from seeking recovery of appropriate damages in the event that the terms of this Agreement are breached. The City and the Developer acknowledge that if the Developer is in default of its obligations under this Agreement, the City shall have the right to refuse to issue any permits or other approvals to which the Developer would not otherwise have been entitled but for this Agreement.
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16. INSTITUT' N OF LEGAL ACTION. In addition to any other rights or remedies, either party may ins itute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to recover damages for any default or to obtain any other remedies consistent with the purpose of this Agreement. Any such legal action shall be brought in the Superior Court of the State of California for the County of Riverside. The parties hereto waive any right to trial by jury.
17. WAIVERS AND DELAYS.
17.1 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future.
17.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 17.3 below.
17.3 Force Majeure. Neither party shall be deemed to be in default for failure or delay in performance of any of its obligations under this Agreement if caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes, other labor difficulties, government regulations or other causes beyond either of the parties' control. If any such event shall occur, the term of this Agreement and the time for performance by the Developer of any of its obligations hereunder or pursuant to the Development Plan shall be extended by the period of time that such events prevent or delay development of the Project.
18. NOTICES. . 11.1 notices required or provided for under this Agreement shall be in writing and delivered in person and deposited in the United States mail, postage prepaid and addressed as follows:
To the City: The City of Beaumont
550 East Sixth Street
Beaumont, California 92223
Attn: City Manager
With a copy to: Mr. Joseph Aldufi
Aklufi & Wysocki
3403 Tenth Street, Suite 610
Riverside, CA 92501
To the Developer: Pardee Homes
1181 California Ave., Suite 103
Corona, CA 92881
Attn: Michael Taylor
With a copy to: Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, California 92612
Attn: Dennis D. O'Neil, Esq.
Any party may change its address stated herein by giving notice, in writing, to the other parties. 5/11;04 4000.88
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19. ATTORNE S' FEES. If legal action is brought by either party against the other for breach of this Agree ent, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs.
20. TRANSFERS AND ASSIGNMENTS.
20.1 Right to Assign. The Developer shall have the right to sell, assign or transfer this Agreement and any and all of its rights, duties and obligations hereunder, in whole or in part, to any person or entity at any time during the term of this Agreement; provided, however, in no event shall the rights, duties and obligations conferred upon the Developer pursuant to this Agreement be at any time so transferred or assigned except through a transfer of an interest of the Developer in the Property, or a portion thereof. The assignment shall not be effective without the City's prior approval, which shall not be unreasonably withheld, to ensure that the assignment will not prevent the orderly development of the Project consistent with the Agreement or Development Plan. In the event of any such assignment, the transferee shall thereafter be solely liable for the performance of all obligations of the Developer relating to the portion of the Property, or interest therein, so transferred. Such transferee or the Developer shall notify the City, in advance, and in writing of their intent to transfer such obligations.
20.2 Release Upon Transfer. Upon the sale, transfer or assignment of the Developer's rights and interests under this Agreement as permitted pursuant to Section 20.1, the Developer shall be released from its obligations under this Agreement and all of the Developer's obligations pursuant to the Development Plan, or other agreements assumed by transferee with respect to the Property, or portion thereof, so transferred, provided that (a) the Developer is not then in default under the Agreement, (b) the Developer or transferee has provided the City notice of such transfer and i(c) the transferee executes and delivers to the City a written agreement in which (i) the name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes all of the obligations of the Developer under this Agreement with respect to the Property, or a portion thereof, so transferred.
21. COOPERATION IN THE EVENT OF LEGAL CHALLENGE. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of this Agreement or any portion thereof the parties hereby agree to cooperate in defending such actin, subject to the provisions of Section 8. In the event of any litigation challenging the effe&iveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending.
22. EMINENT
restrict the exercise
23. AUTHORIT
behalf of the Devel
Agreement on behalf
bind the Developer t
24. ESTOPPEL
days' prior written n
)OMAIN. No provision of this Agreement shall be construed to limit or y the City of its power of eminent domain.
Y TO EXECUTE. The person or persons executing this Agreement on oper warrant and represent that they have the authority to execute this of the Developer and warrant and represent that they have the authority to the performance of its obligations hereunder.
CERTIFICATES. The City shall at any time upon not less than thirty (30) Mice from the Developer execute, acknowledge and deliver to the Developer 5111/04 4000.88
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a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Agreement, as so modified, is in full force and effect); (ii) certifying the amounts of the fees, assessments and exactions that have been received from the Developer and what amounts, if any, remain outstanding; and (iii)r acknowledging that there are not, to the City's knowledge, any defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser, lender or joint venture partner.
25. RECORDATION. This Agreement and any amendment or cancellation hereto shall be recorded in the Official Records of the County of Riverside, by the City Clerk within the period required by Section 65868.5 of the Government Code.
26. PROTECTION OF MORTGAGE HOLDERS. The parties hereto agree that this Agreement shall noo prevent or limit the Developer, in any manner, at the Developer's sole discretion, from en mbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. The City knowledges that the lenders providing such financing may require certain interpretations, esto pel certificates and modifications to this Agreement and agrees upon request, from time t time, to meet with the Developer and representatives of such lenders to negotiate in good fai h any such request for interpretations, estoppel certificates or modifications.
The City will not easonably withhold its consent to any such requested interpretation, estoppel certificate or modification provided the same is consistent with the intent and purposes of this Agreement. The holder(s) of any mortgage, deed of trust or other security instrument encumbering the Pro,erty (each, a "Mortgagee") shall have the following rights and privileges:
26.1.1 Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, uiless otherwise required by law.
26.1.2 Any Mortgagee which has submitted a request in writing to the City in the manner specified h ein for giving notices, shall be entitled to receive written notification from City of any default by the Developer in the performance of the Developer's obligations under this Agreement.
26.1. If the City timely receives a request from a Mortgagee requesting a copy of any notice of def ult given to the Developer under the terms of this Agreement, the City shall provide a copy of t t notice to the Mortgagee within ten (10) days of sending the notice of default to the Deve oper. Mortgagee's not party to this Agreement. If the cure period for a default by the Developer set forth in Section 15.1 above has expired and such default has not been cured, the Mortgagee shall be provided with an additional thirty (30) day period after the expiration of such cure period in which to commence all steps reasonably necessary to bring the Developer in compliance as required under this Agreement and thereafter diligently pursue such steps to completion During such cure period, and if the default is ultimately cured, the City shall not terminate this Agreement.
26.1.4 Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such 5111;04 4000.88
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foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Developer's obligations or other affirmative covenants of the Developer hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by the Developer is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of this Agreement.
27. SEVERABILITY OF TERMS. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce.
28. SUBSEQUENT AMENDMENT TO AUTHORIZING STATUTE. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Law in effect as of the Agreement Date. Accordingly, subject to Section 11.2 above, to the extent a subsequent amendment to the Development Agreement Law would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necessary for this Agreement to be enforceable or unless this Agreement is modified pursuant to the provisions set forth in the Agreement and Government Code Section 65868 in effect on the Agreement Date.
29. INTERPRETATION AND GOVERNING LAW. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.
30. SECTION HEADINGS. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
31. INCORPORATION OF RECITALS AND EXHIBITS. Recitals A through J and attached Exhibits "A" through "E" are hereby incorporated herein by this reference as though set forth in full.
32. RULES OF CONSTRUCTION AND MISCELLANEOUS TERMS.
32.1 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive.
32.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which time is an element.
32.3 Cooperation. Each party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agreement.
33. TENTATIVE TRACT MAP EXTENSIONS. In accordance with the provisions of Section 66452.6 of the California Government Code, tentative subdivision tract map(s) or 5/11/04 4000.88
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tentative parcel map(s), heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time for the term of this Agreement.
34. DEUTSCH DEVELOPMENT AGREEMENT. This Agreement shall supersede that certain Development Agreement between the City and Highland Farms, Aleisian Farms and Banning Farms (Deutsch) dated April 25, 1991 and recorded on May 24, 1991 in the Office of the Riverside County Recorder ("Deutsch Development Agreement"), except for any obligation Developer may have to provide access to the City's sewer system to those properties located on Eighth Street as may be required under the terms of the Deutsch Development Agreement.
The parties have executed this Development Agreement on the date and year first written above.
"City"
'1'HL CITY OF BEAUMONT, a
municipal corporation of the State of California
"Developer"
PARDEE HOMES, a Califoryja corporation
By:
By:
_Mid Tay
Tit
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE MAYOR OF THE CITY COUNCIL
By: y!vt . ..l NC e_
Lynn Chance, Cty Clerk
(All Signatures To Be Notarized)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On 3/4/9 Ca)
Date
personally appeared
before me,
rimibidhAlswillwah.imA6016.641
KAREE TRINIDAD
Commission • 1413025
Notary Public • California
R
Riverside dourly
My Comm. WinsApr22, 2007
YiIti��r1, ILe'IiiC) Pi,&G)Lr'�,
Name and Title of Officer (e.g., "Jane Doe, Note Public") Y15s5e1.
Name(s) of Signer(s)
personally known to me
C proved to me on the basis of satisfactory
evidence
to be the person(pl whose name($' is/pee
subscribed to the within instrument and
acknowledged to me that he/Ofe/p(ey executed
the same in his/hpr'/thptr authorized
capacity(i '), and that by his/F,ttSr/Jf'ieir
signature ) on the instrument the person(sl, or
the entity upon behalf of which the person(,df
acted, executed the instrument.
WITNESS my hand�and official seal.
OPTIONAL
gnature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document - Description f Attached Document 1 a
Title or Type of ocument: 11 II Of ��1�.i4+ l t C3 y'it t tict- Signer(s) Other Than Named Above:
Document Date:
Number of Pages:
Capacity(iesClaimed by Signer
Signer's Name:
C Individual
E Corporate Officer — Title(s):
Partner — ❑ Limited E General
C Attorney -in -Fact
E Trustee
Guardian or Conservator
Other:
Signer Is Representing:
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•
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On February 16, 2006, before me, Sherrie Jossen, Notary Public, personally appeared John Arvin, Sr. Vice President, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
SHERRIE JOSSEN
Commission # 1423346
Notary Public - California 7
Los Angeles County
My Comm. Expires Jun 9, 2007
WITNESS my hand and official seal
Sherrie Jossen
Notary Public in and for said state.
-OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
Title or Type of Document:
Additional Information:
Date of Document:
Signer is Representing:
DESCRIPTION OF ATTACHED DOCUMENT
Development Agreement
Sundance Specific Plan
August 17, 2004
PARDEE HOMES
Signer(s) other than named above: N/A
Name of Signer: John Arvin
Signing As:
INDIVIDUAL
x CORPORATE OFFICER
Number of Pages: 17
CAPACITY CLAIMED BY SIGNER
TITLE: Sr. Vice President
❑ PARTNER(S)
❑ LIMITED ❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE
❑ GUARDIAN/CONSERVATOR
D OTHER:
THUMB PRINT
RIGHT THUMB
t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
h
r5
Place Notary Seal Above
State of Californi+ni
County of tiv lib
ss.
On--ZVC)IdD
lQ , before me,LOTIreA4t1/4)�
Name and Title of Officer (e.g., "Jane Doe, notary Public") Date
personally appeared ti �4.t52r
Name(s) of Signer(s)
3AfnksN)
rsonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person whose names p is/a e -
subscribed to tilt within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(3ee), and that by his/twrltrheir
signature,$ on the instrument the person(, or
the entity upon behalf of which the person*
acted, executed the instrument.
ITNE y hand and offic' I sea
Signature of Notary Pub
c
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached c ment
Title or Type of Document:
Document Date: 02-110 113
Signer(s) Other Than Named Above: 0e
Capacity(ies) Claimed by Signer
Signer's Name: VINV-:
11 Individual
000Corporate Officer — Title(s):
�E Partner — ❑ Limited ❑ General
Attorney in Fact
Trustee
E Guardian or Conservator
Other:
Signer Is Representing:
Number of Pages:
3 g
r.at crae Notary At„ucletion • 535G Cr; Ec.o Ave,., P Q ©ox 24;2,2 • Cnvtswcnh, CA 513132402 • rat,ea r .ary erg .'rid ^.o. 5§e7 Fecrder. Call Tell -Free 1-;?GC-d76-Gn27
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
g
State of California
County of
give_ r
On 4a '3/ ow,
01. personally appeared
KAREE TRINIDAD
Commission i 1413025
Notary Pubic - California
RNenide County
My Comm. Drakes Apt 22, 2007
Though the informa
before me,ICV C' , y1 h f 6i ad t 6 v Fu i tic_
L, Name and Title of Offi e.g., "Jane Doe, Nota Public") G1n v I1d-G1c�--
Name(rt of Signer(s)
rsonally known to me
proved to me on the basis of satisfactory
evidence
to be the person) whose name(' is/
subscribed to the within instrument and
acknowledged to me that l�/she/Sh(ey executed
the same in l /her/thtaf'r authorized
capacity(ie , and that by Ot /her/tkgir
signatures on the instrument the person), or
the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my h
OPTIONAL
icial seal.
Signat/re of Notary Public
ion below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document Title or Type of Document: e VL' G 7 me &i "!L -?-/a3 aoo
Document Date:
Number of Pages:
19-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
El' Partner — united General
Attorney-in-F4ct
n Trustee
• Guardian or Conservator
Other:
Signer Is Representing -
Top of thumb here
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
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Pag RibmfA 893
RBF Consulting
14725 Alton Parkway
Irvine, California 92618
Exhibit "A"
LEGAL DESCRIPTION
SUNDANCE DEVELOPMENT AGREEMENT
October 17, 2003
JN 10-102112.01
That certain parcel of land situated in the City of Beaumont, County of Riverside, State of California, being that portion of Section 35, Township 2 South, Range 1 West together with all of Section 2 and that portion of Section 11, Township 3 South, Range 1 West, all San Bernardino Meridian, described as follows:
BEGINNING at the centerline intersection of Brookside Avenue and Cherry Avenue being also the northwest corner of said Section 35 and an angle point in the existing boundary line of the Beaumont -Cherry Valley Water District. thence along said existing boundary line and the westerly line of said Section 35 South 00°50'06L West 1420.14 feet to an angle point in said existing boundary line as established by "Annexation to Beaumont -Cherry Valley Water District LAFCO 92-19-3"; thence along the northerly, easterly and southerly lines of said annexation through the following courses: South 89°45'24L East 660.97 feet;
thence South 00°51'43L West 566.03 feet;
thence North 89°45'24L West 660.70 feet to said westerly line of Section 35; thence leaving said southerly line, continuing along said existing boundary line through the following courses: along said westerly line South 00°50106L West 662.03 feet to the west quarter corner of said section;
thence continuing along said westerly line South 00°39'07L West 2635.83 feet to the northwest corner of said Section 2;
thence along the westerly line of said Section 2 South 00°32'42L West 2401.99 feet to the west quarter corner of said section;
RBF Consulting
Sundance Development Agreement
October 17, 2003
JN 10-102112.01
thence continuing along said westerly Tine South 00°18'18[ East 2637.67 feet to the southwest corner of said Section 2;
thence along the southerly line of said Section 2 South 88°12'51L East 2401.95 feet to the northeasterly corner of Lot 7, Block 1 of the Map of the Subdivision of Section 11, Township 3 South, Range 1 West, San Bernardino Meridian recorded in Book 9, Page 10 of Maps in the Office of the County Recorder of said San Bernardino; thence along the easterly line of said Lot 7 and the southerly prolongation thereof South 00°16'11L West 186.80 feet to the centerline of Eighth Street; thence along said centerline through the following courses: South 89°46'16L East 424.88 feet;
thence South 89°44'45L East 1551.55 feet to the beginning of a tangent curve concave northerly and having a radius of 1000.00 feet;
thence along said curve easterly 251.56 feet through a central angle of 14/24'48L; thence tangent from said curve North 75°50'27L East 177.60 feet to the beginning of a tangent curve concave southerly and having a radius of 1000.00 feet; thence along said curve easterly 239.28 feet through a central angle of 13/42'36[; thence tangent from said curve North 89°33'03L East 215.76 feet to the centerline of Highland Springs Avenue, being also the southeasterly corner of said Section 2; thence leaving said centerline of Eighth Street and existing boundary line of Beaumont - Cherry Valley Water District, along the easterly line of said Section 2 North 00° 10'30[ East 2640.08 feet to the east quarter corner of said section; thence continuing along said easterly line North 00°10'12[ East 2541.66 feet to the northeast corner of said section;
thence along the easterly line of said Section 35 North 01°08'32[ East 2639.31 feet to the east quarter corner of said section;
thence continuing along said easterly line North 01°09'01 L East 1980.24 feet to an angle point in said existing boundary line of the Beaumont -Cherry Valley Water District;
RBF Consulting October 17, 2003
Sundance Development Agreement JN 10-102112.01
thence along said existing boundary line through the following courses: continuing along said easterly line of Section 35 North 01°09'01L East 659.33 feet to the northeast corner of said section being also on the centerline of said Brookside Avenue; thence along the northerly line of said section North 89°40'48L West 1321.69 feet to the northwest corner of the northeast quarter of the northeast quarter of said section; thence along the westerly line of said northeast quarter of the northeast quarter of Section 35 South 01°081001_ West 1322.94 feet to the centerline of Seventeenth Street; thence along said centerline North 89°43'36[ West 1321.39 feet to the centerline of Orchard Heights Avenue;
thence along said centerline North 00°56'50[ East 1327.11 feet to said northerly line of Section 35 being also on the centerline of Brookside Avenue; thence along said northerly line North 89°32'30[ West 1327.60 feet; thence continuing along said northerly line South 89°58'23[ West 1319.10 feet to the TRUE POINT OF BEGINNING.
CONTAINING: 1217.16 Acres, more or less.
EXHIBIT "A-1" attached and by this reference made a part hereof.
EXHIBIT B
MAP OF THE PROPERTY
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Pag ibtifB1893
,
LEGAL DESCRIPTION
BEING A PORTION OF SECTION 35, TOWNSHIP 2
SOUTH, RANGE 1 WEST TOGETHER WITH ALL OF
SECTION 2 AND A PORTION OF SECTION 11,
TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN. ALL IN IN THE CITY OF
BEAUMONT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.
i£ BROOKSIDE AVE.
17th
STREET
MARY
LANE
COUGAR
WAY
c_
14th
STREET
ANTONELL
COURT
11th
STREET
10th
STREET
17th STREET
O
PARCEL A
LOT LINE ADJUSTMENT
01 -LLA -02
INST. NO. 2002-0219 2, O.R.
0/
PARCEL B
2000 1000
0 € 8th STREET
2000
(SCALE IN FEET )
1)
2)
CITY LIMITS OF BANNING
NOTES:
THIS ANNEXATION CONTAINS 1217.16 ACRES±.
UNLESS OTHERWISE NOTED, DISTANCES HEREON
ARE GROUND MEASUREMENTS. TO OBTAIN GRID
DISTANCES MULTIPLY BY A COMBINED FACTOR OF
0.99988764
SCALE: 1" = 2000'
LEGEND
INDICATES SHEET NUMBER
EXHIBIT "A-1"
SUNDANCE DEVELOPMENT AGREEMENT
SHEET 1 OF 3 SHEETS
PLANNING • DESIGN IS CONSTRUCTION
■ 14725 ALTON PARKWAY
IN • flVAE, CALIFORNIACALIFOFNA 92618-2027
CONSULTING 949.4723505 • FAX 949.4728373 • wwwRBF.coP
REVISED FEBRUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
r1 IPDATAI10102112IMAPPINGIANa£Xj112EX002.DWG
P.O.B.
NW COR. SEC.
35, T.2S.,
R.1W. S.B.µ.
2'
u-)
o-
17TH'
STREET
SCHOOL SITE
INST. NO. 26656,
O.R. (1-24-91) _
MARY
LANE
S89°58'23"W
1319.10'
589'45'24"E
660.97'
-,I
1 500'51'43"W
566.03'
z
N89'32'30"W
1327.60'
_ r
Ix
0 a
pia
BROOKSIDE
W ;
0 O
ORCHARD rc:IrNORMAN RD;�
COUGAR N▪ `D
WAY
▪ N
P444
O)
M
U p
N
N89'45'24"W
660.70'
HEIGHTS AVE.
W 1/4 COR. SEC. 35
APN 406-170-011
PARCEL A
L
,. :, „ .*, SEC.
APN 406-170-008
LOT LINE ADJUSTMENT 01 -LL4-02
-02
20 N.W. CORNER SECTION 2,
�Ti.3S., R.1W., S.B.M.
14TH ST. (
N • a,
O • �
N N
20'
ANTONELL
COURT
z
J
EXHIBIT 1/4--i'
AST. NO.
APN 419-020-017
200P-02197, J.R.
PARCEL 3
- SEE SHEET 3 -
1000 500 0 1000
SUNDANCE DEVELOPMENT
AGREEMENT
(SCALE IN FEET)
LEGEND
N89'43'36"W
1321.39'
17TH STREET
APN 406-170-007
AVE. a
NE COR. SEC.
35, T.2S.,
R.1W. S.B.µ.
1321.69 T
N89°40'48"W
0 p�
N
N— I �o, M
1 a0' l aFD 40'i "
w [zi
"XIO
o U]
g z
z
0. l C./1
/ z
z
E 1/4 COR. SEC. 35 J� f C7
7 v.;• c..H'
rn 1,/1
-- 80'
0 rnI
659.33'
N
•m
W W N
o
Levi
V F -
‘0N
0 Cow
Z80,
INDICATES NW COR. NE 1/4, NE 1/4
SEC. 35, T25., R.1W S.B.M.
SHEET 2 OF 3 SHEETS
PLANNING ■ DESIGN S CONSTRUCTION
14725 ALTON PARKWAY
CALIFORMA 92618-2027
CONSULTING 949.472.3505 • FAX 949.4729373 • wwwWBF.com
REVISED FEBRUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
FtIPDATAI10102112IMAPPINGIANMEXI112EX003.DWG
k • I 1
1 0
N
ANTONELL
COURT 81
d20 y i
rx
ce4
11TH ST.
10TH ST.
N
VARIES
- SEE SHEET 2 -
APN 419-020-017
PARCEL A
W 1/4 COR. SEC. 2
PARCEL 3
E 1/4 COR. SEC. 2
/
LOT LINE ADJUST NT 01 -LLA -O2
\ I APN 419-020-018
\ I -�
INST. NO. POOP -021972, 19 72, O.R.
H
\h1.
;)
1,y\ 1
rW COR. SEC. 2.
T.3S., R.1W. S.B.M.
888'12'51'E 2401.95'
0-}
z�
a
DATA TABLE
a<4
BRNG/DELTA RADIUS LENGTH
1 14°24'48" 1000.00' 251.56'
2 N75°50'27"E -- 177.60'
3 13°42'36" 1000.00' 239.28'
4 N89°33'03"E -- 215.76'
1000 500 0
(SCALE IN FEET)
EXHIBIT 'A-1"
SUNDANCE DEVELOPMENT
AGREEMENT
1000
S00°16'11"W
186.80'
G4 w
d S89'46'16"E
o p 424.88'
d �U
o d
a
1551.55'
w S89°44'45"E
d ` g, 8TH STREET
z
1 —82'
82'
N
M m
• ~ •
N
W O'
(J, 0 cc
LEGEND
OA INDICATES N L Y LINE, BLOCKS 1 & 2,
MAP OF THE SUBDII4SION OF SEC.
11, T. 3S, R.1W. S.B.M. PER BOOK 9,
PAGE 10 OF MAPS.
B INDICATES NE'L Y COR. LOT 7, BLOCK
1 PER BOOK 9, PAGE 10 OF MAPS.
SHEET 3 OF 3 SHEETS
PLANNING ■ DE5ION • CONSTRUCTION
14725 ALTON PAI§(WAI
• • • AVINE. CALIFORNIA 92616-2027
C O N S U LT I N G 949.4723505 • FAA 949.4726373 • w"" FBF con REVISED FEENUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
\PDATAI101021121MAPPING\AN X1112£X004.DWG
Rage 642-6
1893
EXHIBIT C
LIST OF PERMITS AND APPROVALS
Sundance Specific Nan
Tentative Tract Map INos. 31468, 31469, 31470 and 31893 Addendum to the Sundance Specific Plan EIR
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Pagd✓8 t i 1893
Agenda No. 3
STAFF REPORT
TO: Planning Commissioners
FROM: Ernest A. Egger, AICP, REA
Director of Planning
AGENDA DATE: June 8, 2004
SUBJECT: Development Agreement for Sundance Specific Plan, 04 -DA -06.
Applicant: Pardee Homes
BACKGROUND/ANALYSIS:
The Pardee/Sundanc
approved by the Cit
into by the prior pro
to Pardee Homes.
Pardee now wishes t
Homes. The propos
prior agreement, an
Specific Plan was considered by the Planning Commission in March and was Council on May 4, 2004. A development agreement was previously entered erty owner, the Deutsch Corporation, in 1991 and was subsequently assigned have a new, clarified development agreement specifically in the name ofPardee 1 agreement attached hereto involves no substantive changes in the terms ofthe is based upon the standards and provisions of the Sundance Specific Plan.
RECOMMENDAflON:
Staff recommends that the Planning Commission recommend to the City Council adoption of the proposed ordinance for the approval of Development Agreement No. 04 -DA -06. fe,2:5Nes
PeArric
/q9iw/
O
p
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO:
City Clerk
City of Beaumont
550 East Sixth Street
Beaumont, California 92223
EXEMPT: GOV'T CODE § 6103
(Spaceabove1
M
A
S
R
U
L
D0C # 2006-0172944
03/10/2006 08:00A Fee:NC
Recorded in Official Records
County of Riverside
Larry W. Ward
Assessor, County Clerk & Recorder
NI
PAGE
L30
INNIIINNI�MIII�III�IIVI�IIIN�INI
SIZE
DEVELOPMENT AGREEMENT
NO. 04 -DA -06
BETWEEN
THE CITY OF BEAUMONT
AND
PARDEE HOMES
(SUNDANCE SPECIFIC PLAN)
DA
COPY
PCOR
LONG
NOCOR
REFUND
(Pursuant to California Government Code Sections 65864 - 65869.5 and City of Beaumont Resolution No. 1987-34)
August 17,
, 2004
SMF
NCHG
MISC.
r7 --
EXAM
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c
TABLE OF CONTENTS
Page
1. DEFINITIONS 2
2. EXHIBITS 3
3. MUTUAL BENEFITS 3
4. INTEREST OF THE DEVELOPER 3
5. BINDING EF11 JCT OF AGREEMENT 4
6. PROJECT A5� A PRIVATE UNDERTAKING 4
7. TERM 4
8. HOLD HARMLESS 4
9. VESTED RIGHT 4
10. DEVELOP NT OF THE PROJECT 5
10.1 Phasi g and Timing of Development 5
10.2 Effect
of Agreement on Land Use Regulations 5
10.3 Application Processing 5
10.4 Administrative Changes and Amendments 5
10.5 Me11o,Roos Communities Facilities Districts; Other Assessment Districts or Financing Mechanisms 6
10.6 Public Services and Facilities 6
10.7 Other Governmental or Quasi -Governmental Permits 6
10.8 Consistency Between This Agreement and Current Laws 6
10.9 Assessments, Fees, Mitigation and Exactions 7
10.10 Reimbursement by the City 7
11. RULES, REGULATIONS, REQUIREMENTS AND OFFICIAL POLICIES 7
11.1 New Rules 7
11.2 State and Federal Laws 8
12. AMENDMENT OR CANCELLATION OF AGREEMENT 8
13. ENFORCEMENT 8
14. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT 8
15. Events of Default 9
15.1 Default by the Developer 9
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TABLE OF CONTENTS
Page
15.2 Default by the City 9
15.3 Specific Performance Remedy 9
16. INSTITUTION OF LEGAL ACTION 10
17. WAIVERS AND DELAYS 10
17.1 Waiver 10
17.2 Third l arties 10
17.3 Force Majeure 10
18. NOTICES 10
19. ATTORNEYS' FEES 11
20. TRANSFERS AND ASSIGNMENTS 11
20.1 Right to Assign 11
20.2 Release Upon Transfer 11
21. COOPERATION IN THE EVENT OF LEGAL CHALLENGE
22. EMINENT DOMAIN
23. AUTHORITY TO EXECUTE
24. ESTOPPEL CERTIFICATES
25. RECORDATION
26. PROTECTION OF MORTGAGE HOLDERS
27. SEVERABILITY OF TERMS
28. SUBSEQUENT AMENDMENT TO AUTHORIZING STATUTE
29. INTERPRETATION AND GOVERNING LAW
30. SECTION HEADINGS
31. INCORPORATION OF RECITALS AND EXHIBITS
32. RULES OF CONSTRUCTION AND MISCELLANEOUS TERMS
32.1 Gender
32.2 Time
11 11
11 11
12 12
13 13
13 13
13 13
13 f Essence 13
32.3 Cooperation 13
33. TENTATIVEt TRACT MAP EXTENSIONS 13
34. DEUTSCH DEVELOPMENT AGREEMENT 14
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DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT ("Agreement") is entered into to be effective on 4u . <7 , 2004, between PARDEE HOMES, a California corporation (the "Developer"), and the CITY OF BEAUMONT, a municipal corporation organized and existing under the laws of the State of California (the "City"). The Developer and the City are sometimes collectively referred to herein as the "parties."
RECITALS:
This Agreement is predicated upon the following facts:
A.
Agreement.
These Recitals use certain capitalized terms which are defined in this B. Government Code Sections 65864 - 65869.5 authorize the City to enter into binding develop ent agreements with persons having a legal or equitable interest in real property for the dev lopment of such property, all for the purpose of strengthening the public planning process, en uraging private participation and comprehensive planning and reducing the economic costs of such development. The City has implemented the law contained in such sections by adopting Resolution No. 1987-34, titled "Establishing Procedures and Requirements for Consideration Of Development Agreements" (such Resolution, together with the aforementioned Government Code Sections, are being referred to herein as the "Development Agreement Law").
C. This Agreement is adopted pursuant to the Development Agreement Law.
D. Developer owns a portion of the property and is under a binding legal contract to acquire he remainder of the property located in the City and more particularly described on Exhib' "A" and as shown on Exhibit "B" attached and made a part of this Agreement (the "Property").
E. The Developer intends to develop the Property in accordance with the Amendment to the Deutsch Specific Plan ("Sundance Specific Plan") as part of the Development Plan, as hereinafter defined (the "Project"). The Project is highly capital intensive, especially in its initial phases, which, in order to make the Project economically and fiscally feasible, requires major commitment to and investment in public facilities and on -site and off -site infrastrlucture improvements prior to the construction and sale or leasing of residential and commercial buildings. This Agreement will facilitate the logical and orderly development of the Project in the City.
F. The City has determined the Development Plan is consistent with the City General Plan and approved the Development Plan in order to promote the health, safety and welfare of its citize s and protect the quality of life of the community and the surrounding environment. The evelopment Plan consists of the Sundance Specific Plan, the Addendum to the Sundance EIR, d Tentative Tract Map Nos. 31468, 31469, 31470 and 31893 approved by 5/11/04 4000.88
H&4: #10638 v3
the City Council of City on May 4, 2004 by Resolution No. 2004-23. As part of the process of approving the Development Plan, the City has prepared and reviewed, pursuant to the California Environmental Quality Act ("CEQA"), an Addendum to the Deutsch Specific Plan EIR, with respect to the potential significant impacts of the Project resulting from development of the Property. The City has determined based on that review that the Addendum to the EIR adequately addresses the potential significant impacts of the Project, and that accordingly neither a supplemental nor subsequent environmental impact report is required for the Development Plan and/or this Agreement.
G. All of the proceedings relating to the approval of the Agreement have been conducted in accordance with the Development Agreement Law and CEQA.
H. On 1 2004, the City Council of the City adopted Ordinance No. $ approving this Agreement with the Developer.
I. The terms and conditions of this Agreement have undergone extensive review by the City and its City Council and have been found to be fair, just and reasonable, and the City has found and determined that the execution of this Agreement is in the best interest of the public health, safety and general welfare of the City and its residents and that adopting this Agreement constitutes a present exercise of its police power.
AGREEMENT
In light of the foregoing Recitals, which are an operative part of this Agreement, the parties agree as follows:
1. DEFINITIONS.
"Agreement" is this Development Agreement.
"Agreement Date" is the date this Agreement is approved by the City Council. "Alternative Financing Mechanism" has the meaning given that phrase in Section 10.5 below.
"CEQA" is the California Environmental Quality Act, Public Resources Code section 21000 et seq.
"CFD" is a Community Facilities District formed pursuant to the Mello -Roos Community Facilities Act of 1982, California Government Code section 53312 et seq. "City" is the City of Beaumont, California.
"City's Discretion" is discretion exercised by the City in accordance with the policies and principles set forth in the Development Plan, this Agreement and the procedures in effect as of the Effective Date such that the approvals given by the City to the Developer pursuant to the exercise of such discretion shall not be unreasonably withheld or delayed. 5/11/04 4000.88
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"Developer" is Pardee Homes, a California corporation, their subsidiary entities, and successors in interest to all or any part of the Property. "Development Agreement Law" is California Government Code sections 65864 et seq., and Resolution No. 1987-34, titled "Establishing Procedures and Requirements for Consideration of Development Agreements."
"Development Plan" is, collectively, the permits, conditions and approvals listed on Exhibit "C."
"Effective Date" is that date which is the later to occur of (a) the expiration of the time for filing a referendum petition relating to this Agreement if no such petition is filed within such period, or (b) the certification of the results of a referendum election are declared approving this Agreement if a referendum petition is filed within the applicable period. "EIR" is Addendum to the Deutsch Specific Plan Environmental Impact Report certified by the City Council of City on January 14, 1991 (Resolution No. 1991-03). "Prof t" is the proposed mixed -use development of the Property included within the Development P and associated amenities, including, without limitation, on -site and off -site public and p 'vate improvements, and land uses consisting of residential (approximately 4,450 dwelling unit ), commercial, parks and schools, as the same may be further defined, enhanced or modifi pursuant to the provisions of this Agreement. "Property" is the real property on which the Project is, or will be, located as described on Exhibit 'A" attached hereto and shown on Exhibit "B" attached hereto.
2. EXHIBITS. The following documents are referred to in this Agreement, attached hereto and incorporated herein by this reference:
Exhibit Designation Description
A Legal Description of the Property
B Map of the Property
C List of Permits and Approvals
3. MUTUAL BENEFITS. This Agreement is entered into for the purpose of implementing the Development Plan for the Project in a manner that will secure certain assurances to the Developer that the Property may be developed in accordance with the Development Plan and this Agreement, and certain benefits to the City as set forth in this Agreement. The City and the Developer agree that, due to the size and duration of the Project, the Agreement is necessary to achieve those desired benefits.
4. INTEREST OF 'Mk DEVELOPER. The Developer represents that the Developer owns a legal fee in a portion of the Property and an equitable interest in a portion of the Property. 5/11/04 4000.88
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5. BINDING EFFECT OF AGREEMENT. The terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties and their successors and assigns as set forth herein.
6. PROJECT AS A PRIVATE UNDERTAKING. It is specifically understood and agreed that the development of the Project is a private and not a public sector development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracts g entity with respect to the terms, covenants and conditions contained in this Agreement. No artnership, joint venture or other association of any kind is formed by this Agreement. The onl relationship between the City and the Developer is that of a government entity regulating the development of private property by the owner of the Property and the equitable owner of the Deutsch Parcels.
7. TERM. The term of this Agreement shall be twenty-five (25) years following the Effective Date. Expiration of the term of this Agreement shall not in any manner affect rights which have otherwise vested under applicable law.
8. HOLD HARMLESS The Developer shall hold the City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury, including death and claims for property damage, arising on the Property from the wrongful or negligent activities of the Developer or those of the Developer's contractors, subcontractors, agents, employees or other persons acting on the Developer's behalf which relate to the Project.
In the event any person not a party or a successor to a party to this Agreement institutes any type of action against the City with respect to this Agreement, City and Developer shall cooperate in defending against the action, provided that City may, in its sole discretion, elect to tender the defense of such action to the Developer. If the Developer accepts the tender, the Developer shall thereafter hold City harmless from and defend City from all costs and expenses incurred in the defense of such action, provided that City fully cooperates with the Developer in the defense of such action. If the Developer declines the tender, then City shall have no further obligation or duty to defend the action.
9. VESTED RIGHT. By entering into this Agreement the City grants to the Developer a vested right to develop the Property in accordance with the Development Plan. The City shall not enact and enforce against the Project and the Development Plan an ordinance, policy, rule, regulation or other measure which significantly alters the rate, type, manner, density, timing or sequencing of the Project and the Development Plan. In addition to and not in limitation of the foregoing, it is the intent of the Developer and the City that no moratorium, whether relating to the rate, type, manner, density, timing or sequencing of the Project and whether or not enacted by initiative or otherwise, except a moratorium imposed by the City to implement State or Federal laws, statutes, regulations, policies or orders as provided in Section 11.2, affecting parcel or subdivision maps, building permits, plot plans, special use permits, conditional use permits, occupancy certificates or other entitlements to use or permits approved, issued or granted within the City, or portions of the City, shall not apply to the Project to the extent such moratorium or other limitation is in conflict with the Project and the Development Plan. Notwithstanding the foregoing, should an ordinance, general plan or zoning amendment, measure, moratorium, policy, rule, regulation or other limitation enacted by the citizens of the City through the initiative process be determined by a court of competent jurisdiction to invalidate or prevail over 5/11/04 4000.88
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all or any part of the Development Plan, the Developer shall have no recourse against the City pursuant to this Agreement. The foregoing shall not be deemed to limit the Developer's right to appeal any such determination of such ordinance, general plan or zoning amendment, measure, policy, rule, regulation, moratorium or other limitation which purports to invalidate or prevail over all or any part of this Agreement.
10. DEVELOPMENT OF T111 PROJECT.
10.1 Phasing and Timing of Development. When or the order in which Project phases will be developed, or whether it will be developed at all, depend upon numerous factors which are not within the control of the Developer or City, such as market orientation and demand, interest rates, availability of funding, competition and other similar factors.
Accordingly, to the extent permitted by the Development Plan and this Agreement, the Developer shall have the right to develop the Project pursuant to the Development Plan in phases in such order and at such times as the Developer, in its sole discretion, deems appropriate within the exercise of its subjective business judgment; provided, however, that the City reserves the right to review, condition and approve each phase through discretionary and ministerial approvals consistent ,with this Agreement.
10.2 Effect of Agreement on Land Use Regulations. The rules, regulations and policies governing permitted uses of property, the density and intensity of use of property, the maximum height and size of proposed buildings and the design, improvement, construction and development standards and specifications applicable to development of the Property are those rules, regulations and policies in force as of the date of this Agreement, and those rules, regulations and official policies which may hereinafter be adopted by the City in accordance with Section 11.1 hereof, or State or Federal laws, statutes, regulations, policies or orders as provided in Section 11.2.
10.3 Application Processing. In connection with any approval which the City is permitted or has the right to make under this Agreement relating to the Project and the Development Plan, or otherwise under its rules, regulations and official policies, the City shall exercise the City's discretion or take action in a manner which is as expeditious as reasonably possible.
10.4 Administrative Changes and Amendments. The parties acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with; respect to the details of the Project or interpretation of the Development Plan. If and when the parties find that minor changes or adjustments are necessary or appropriate to the Project or the Development Plan, they shall, unless otherwise required by law, effectuate such changes or adjustments through administrative amendments approved by the Director of Plannin which, after execution, shall be attached hereto as addenda and become a part hereof, and ma be further changed and amended from time to time as necessary, with approval by the Dir or of Planning as may be requested by the Developer. Minor changes or amendments shall those which are consistent with the overall intent of the Development Plan and this Agreement d which do not materially alter the overall nature, scope, or design of the Project. Any such Minor administrative changes or amendments shall not be deemed to be an 5/11104 4000.88
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0 amendment to this Agreement under Government Code Section 65868 and, unless otherwise required by law, no such administrative amendments shall require prior notice or hearing.
10.5 Mello -Roos Communities Facilities Districts; Other Assessment Districts or Financing Mechanism. Pursuant to Chapter 2.5 (commencing with section 53312) Part 1, Division 2, Title 5 of the Government Code of the State of California, commonly known as the "Mello -Roos Community Facilities Act of 1982," the Developer may, at its sole election, petition the City Council of the City or a joint powers agency in which the City is a member to establish a Community Facilities District ("CFD"), in accordance with the City's policies in existence on the Effective Date. Alternatively, or in addition thereto, the Developer may request that the City initiate and complete proceedings under the Municipal Improvement Act of 1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915, the Landscaping and Lighting Act of 1972, or any and all other available public financing mechanism, to provide public conduit financing for the construction of public infrastructure improvements on the Property ("Alternative Finan ing Mechanisms"). If so requested by the Developer, the City shall cooperate with the veloper (or, for matters beyond its control, shall use its best efforts) in taking all steps nece to cause the CFD or Alternative Financing Mechanisms to issue bonds for such purposes. the Property is included within a CFD or Alternative Funding Mechanism with other surrounds g properties, the special taxes or special assessments burdening the various properties so includ shall be apportioned on a fair share basis related to the benefit derived by each of such properti s in accordance with City policies at the time such property is included.
10.6 Public
integrated roadway s
water and sewer faci
and services for the
Property. To the exl
facilities or other put
the City shall use b
assessments as are i
Developer for the fa
•
such public facilities
10.7 Othel
apply for such othe
quasi -governmental
utility districts, or of
or provision of, sery
City shall cooperate
where necessary in i
solely responsible fo
Services and Facilities. The Project and Development Plan requires an stem, and other public facilities including parks, schools, storm drains, and lities. City will reasonably assist Developer in obtaining public facilities Project on a timely basis in keeping with the pace of development of the ,ent that the Developer constructs, installs or provides financing for public lic infrastructure improvements that benefit lands outside of the Property, sst reasonable efforts to adopt such ordinances, mitigation fees, liens or necessary to provide credits, reimbursements, or in -kind funding to the r share of the benefits conferred upon such lands other than the Property by or infrastructure improvements.
Governmental or Quasi -Governmental Permits. The Developer shall r permits and approvals as may be required by other governmental or agencies having jurisdiction over the Project (such as public utilities or her federal or state agencies) to the extent required for the development of, ices and facilities to the Project as set forth in the Development Plan. The with and assist the Developer in obtaining such permits and approvals, and, naking application for such approvals or permits. The Developer shall be all costs and shall be responsible for the processing of all such permits.
10.8 Cons tency Between This Agreement and Current Laws. The City represents that as of the date o the execution of this Agreement, there are no rules, regulations, ordinances or official policies o the City that would interfere with the development of the Project according to the Development plan.
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ti
10.9 Assessments, Fees, Mitigation and Exactions. The City shall not impose any future assessment, fee, mitigation measure or exaction on the Property, the Project or the Development Plan or any portion thereof, except (a) those existing and proposed assessments, fees, mitigation measures and exactions in existence on the date of this Agreement, (b) such other fees, assessments and exactions as may be adopted or imposed by the City in conformance with the requirements of Article XIII D of the California Constitution, (c) such other development impact fees or categories of development impact fees which are adopted on a City or County -wide basis or as required as a condition to obtaining County funding; and (d) such other development impact fees or categories of development impact fees which are imposed on other development projects in the City and are adopted and levied based on a benefit assessment.
Fees payable to City shall be at rates applicable on the date the fee is paid. City shall recognize and apply a dollar -for -dollar in -lieu credit against any and all fees, for and equal to the cost of improvements and/or dedications made in the development of the Project by the Developer, or funded by any CFD isr Alternative Financing Mechanism including the Property, and for which the fees would otherwise be imposed. City further agrees to use any fees paid with respect to development of the (Project to fund improvements which benefit the Project, to the fullest reasonable extent available and applicable under the law.
10.10 Reimbursement by the City. Pursuant to Government Code Section 65865.2, the City hereby agrees that as future development fees, assessments and exactions are imposed on future projects which have benefited from the fees, assessments and exactions paid by the Developer, the City shall promptly reimburse the Developer to the extent that such fees, assessments and exactions paid by Developer benefited lands outside of the Property, but only to the extent that the City actually receives or collects such fees, assessments or exactions for a period of ten years from the date the fee was paid.
11. RULES, REGULATIONS, REQUIREMENTS AND OFFICIAL POLICIES.
11.1 New Rules. This Agreement shall not prevent the City from applying the following new rules, regulations, requirements and policies, if applied on a City-wide or area of benefit basis:
11.1.1 Processing fees and charges imposed by the City which cover only the estimated actual costs to the City of processing applications for development approvals, for monitoring compliance with any development approvals or for monitoring compliance with environmental impact mitigation measures.
11.1.2 Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure, provided that such changes in procedural regulations do not have the effect of materially interfering with the benefits conferred by this Agreement.
11.1.3 Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code.
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11.1.4 Regulations which are necessary to protect public health and safety, provided that to the maximum extent possible such regulations shall be designed, construed and applied in a manner to preserve the benefits of this Agreement.
11.1.5 New or increased fees or categories of fees imposed as a condition of development, for the purpose of defraying all or a portion of the cost of public facilities (as defined in Government Code Sections 66000 et seq.) related to development projects.
11.1.6 Regulations which are in conflict with the Development Plan or this Agreement if such regulations have been consented to in writing by the Developer.
11.2 State and Federal Laws. In the event that State or Federal laws or regulations enacted after this Agreement is executed prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be neces to comply with such State or Federal laws or regulations; provided, however, that this eement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.
12. AMENDMENT OR CANCELLATION OF AGREEMENT. This Agreement may be amended or canceled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code Section 65868.
13. ENFORCE NT. Unless amended or canceled as provided in Section 12 above, or modified or suspen ed pursuant to Government Code Section 65869.5, this Agreement is enforceable by eith party hereto notwithstanding any change in any applicable general or specific plan, zoning, or subdivision regulation or standard adopted by the City (or by the voters of the City unless found by a court of competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Plan or is inconsistent with this Agreement.
14. PERIODIC REVIEW OF COMPLIANCE WITH AGREEMENT. The City shall review this Agreement at least once every year from the date this Agreement is executed.
During each periodic review, each party is required to demonstrate good faith compliance with the terms of this Agreement. Such periodic review shall be conducted administratively by the City Manager and any appropriate department heads designated by the City Manager to perform such periodic review. If the City Manager finds that the Developer is not in good faith compliance with this Agreement, the Developer shall have the right to appeal such finding to the City Council. The City Council on appeal shall not hold a public hearing to review a finding that the Developer is not in good faith compliance with this Agreement unless so requested by the Developer in writing at the time of the submission of such appeal. The City shall notify the Developer in writing of the date for review at least thirty (30) days prior thereto. The Developer shall pay or reimburse the City for the City' s reasonable costs incurred in connection with such periodic reviews.
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15. Events of Default.
15.1 Default by the Developer. If the City Council determines on the basis of substantial evidence upon appeal of the City Manager's decision pursuant to Section 14 hereof that the Developer has not complied in good faith with the terms and conditions of this Agreement, it shall, by written notice to the Developer, specify the manner in which the Developer has failed to so comply and state the steps the Developer must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from the City specifying the manner in which the Developer has failed to so comply, the Developer does not commence action reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the Developer shall be deemed to be in default under the terms of this Agreement and the City may, if such failure persists after thirty (30) days' prior written notice, exercise its rights and remedies pursuant to Section 15.3.
15.2 Defau t by the City. If the Developer determines on the basis of substantial evidence that the Ci has not complied in good faith with the terms and conditions of this Agreement, the Dev toper shall, by written notice to the City, specify the manner in which the City has failed to so mply and state the steps the City must take to bring itself into compliance.
If, within sixty (60) days after the effective date of notice from the Developer specifying the manner in which the ity has failed to so comply, the City does not commence steps reasonably necessary to bring it if into compliance as required and thereafter diligently pursue such steps to completion, then the ity shall be deemed to be in default under the terms of this Agreement and if such failure persi s after thirty days prior written notice, the Developer may terminate this Agreement or seek s ific performance as set forth in Section 15.3.
15.3 Speci c Performance Remedy. Due to the size, nature and scope of the Project, it will not be practi or possible to restore the Property to its natural condition following development of all or any portion of the Property. After such development, the Developer may be foreclosed from other choices it may have had to utilize the Property. The Developer has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing substantially more time and resources in implementing the Project in reliance upon the terms of this Agreement. It would be difficult r impossible to accurately determine the sum of money which would adequately compe to the Developer for such efforts. For the above reasons, the City and the Developer agree tha damages alone would not be an adequate remedy if the City fails to carry out its obligations der this Agreement. Similarly, if the Developer breaches certain of its obligations hereund , monetary damages may not constitute an adequate remedy for the City.
Therefore, the parti s agree that specific performance of this Agreement is an appropriate remedy if either p defaults and fails to perform its non -monetary obligations under this Agreement. Notwi tending the foregoing, nothing in this Agreement is intended to prevent either party from king recovery of appropriate damages in the event that the terms of this Agreement are breached. The City and the Developer acknowledge that if the Developer is in default of its obligations under this Agreement, the City shall have the right to refuse to issue any permits or other approvals to which the Developer would not otherwise have been entitled but for this Agreement.
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16. INSTITUTION OF LEGAL ACTION. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, to recover damages for any default or to obtain any other remedies consistent with the purpose of this Agreement. Any such legal action shall be brought in the Superior Court of the State of California for the County of Riverside. The parties hereto waive any right to trial by jury.
17. WAIVERS AND DELAYS.
17.1 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future.
17.2 Third Parties. Nonperformance shall not be excused because of a failure of a third person except as provided in Section 17.3 below.
17.3 Force Majeure. Neither party shall be deemed to be in default for failure or delay in performance of any of its obligations under this Agreement if caused by floods, earthquakes, other Al,cts of God, fires, wars, riots or similar hostilities, strikes, other labor difficulties, government regulations or other causes beyond either of the parties' control. If any such event shall occur, the term of this Agreement and the time for performance by the Developer of any of its obligations hereunder or pursuant to the Development Plan shall be extended by the period of time that such events prevent or delay development of the Project.
18. NOTICES. All notices required or provided for under this Agreement shall be in writing and delivered in person and deposited in the United States mail, postage prepaid and addressed as follows:
To the City: The City of Beaumont
550 East Sixth Street
Beaumont, California 92223
Attn: City Manager
With a copy to: Mr. Joseph Aldufi
Aklufi & Wysocki
3403 Tenth Street, Suite 610
Riverside, CA 92501
To the Developer: Pardee Homes
1181 California Ave., Suite 103
Corona, CA 92881
Attn: Michael Taylor
With a copy to: Hewitt & O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, California 92612
Attn: Dennis D. O'Neil, Esq.
Any party may change its address stated herein by giving notice, in writing, to the other parties. 5/11/04 4000.88
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o a
19. ATTORNEYS' FEES. If legal action is brought by either party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs.
20. TRANSFERS AND ASSIGNMENTS.
20.1 Right to Assign. The Developer shall have the right to sell, assign or transfer this Agreement and any and all of its rights, duties and obligations hereunder, in whole or in part, to any person or entity at any time during the term of this Agreement; provided, however, in no event shall the rights, duties and obligations conferred upon the Developer pursuant to this Agreement be at any time so transferred or assigned except through a transfer of an interest of the Developer in the Property, or a portion thereof. The assignment shall not be effective without the City's prior approval, which shall not be unreasonably withheld, to ensure that the assignment will not prevent the orderly development of the Project consistent with the Agreement or Development Plan. In the event of any such assignment, the transferee shall thereafter be solely liable for the performance of all obligations of the Developer relating to the portion of the Property, or interest therein, so transferred. Such transferee or the Developer shall notify the City, in advance, and in writing of their intent to transfer such obligations.
20.2 Release Upon Transfer. Upon the sale, transfer or assignment of the Developer's rights and interests under this Agreement as permitted pursuant to Section 20.1, the Developer shall be released from its obligations under this Agreement and all of the Developer's obligations pursuant to the Development Plan, or other agreements assumed by transferee with respect to the Property, or portion thereof, so transferred, provided that (a) the Developer is not then in default under Agreement, (b) the Developer or transferee has provided the City notice of such transfer and c) the transferee executes and delivers to the City a written agreement in which (i) the name d address of the transferee is set forth and (ii) the transferee expressly and unconditionally assu es all of the obligations of the Developer under this Agreement with respect to the Prop , or a portion thereof, so transferred.
21. COOPERA ION IN THE EVENT OF LEGAL CHALLENGE. In the event of any legal action institut by a third party or other governmental entity or official challenging the validity of this Agr ment or any portion thereof, the parties hereby agree to cooperate in defending such acti n, subject to the provisions of Section 8. In the event of any litigation challenging the eff iveness of this Agreement, or any portion hereof, this Agreement shall remain in full force d effect while such litigation, including any appellate review, is pending.
22. EMINENT MAIN. No provision of this Agreement shall be construed to limit or restrict the exercise b the City of its power of eminent domain.
23. AUTHO TO EXECUTE. The person or persons executing this Agreement on behalf of the Devel per warrant and represent that they have the authority to execute this Agreement on behal of the Developer and warrant and represent that they have the authority to bind the Developer t the performance of its obligations hereunder.
24. ESTOPPEL CER1LFICATES. The City shall at any time upon not less than thirty (30) days' prior written n tice from the Developer execute, acknowledge and deliver to the Developer 5/11/04 4000.88
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a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Agreement, as so modified, is in full force and effect); (ii) certifying the amounts of the fees, assessments and exactions that have been received from the Developer and what amounts, if any, remain outstanding; and (iii) acknowledging that there are not, to the City's knowledge, any defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser, lender or joint venture partner.
25. RECORDATION. This Agreement and any amendment or cancellation hereto shall be recorded in the Official Records of the County of Riverside, by the City Clerk within the period required by Section 65868.5 of the Government Code.
26. PROTECTION OF MORTGAGE HOLDERS. The parties hereto agree that this Agreement shall not prevent or limit the Developer, in any manner, at the Developer's sole discretion, from enculiibering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. The City knowledges that the lenders providing such financing may require certain interpretations, estop 1 certificates and modifications to this Agreement and agrees upon request, from time t time, to meet with the Developer and representatives of such lenders to negotiate in good fait any such request for interpretations, estoppel certificates or modifications.
The City will not easonably withhold its consent to any such requested interpretation, estoppel certificate o modification provided the same is consistent with the intent and purposes of this Agreement. a holder(s) of any mortgage, deed of trust or other security instrument encumbering the Pro (each, a "Mortgagee") shall have the following rights and privileges:
26.1.1 Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.
26.1.2 Any Mortgagee which has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the Developer in the performance of the Developer's obligations under this Agreement.
26.1.3 If the City timely receives a request from a Mortgagee requesting a copy of any notice of defa It given to the Developer under the terms of this Agreement, the City shall provide a copy of t notice to the Mortgagee within ten (10) days of sending the notice of default to the Developer. Mortgagee's not party to this Agreement. If the cure period for a default by the Developer set forth in Section 15.1 above has expired and such default has not been cured, the Mortgagee shall be provided with an additional thirty (30) day period after the expiration of such cure period in which to commence all steps reasonably necessary to bring the Developer in compli ce as required under this Agreement and thereafter diligently pursue such steps to completion. During such cure period, and if the default is ultimately cured, the City shall not terminate th s Agreement.
26.1.4 Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such 5/11/04 4000.88
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foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.
Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of the Developer's obligations or other affirmative covenants of the Developer hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by the Developer is a condition precedent to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of this Agreement.
27. SEVERAB OF TERMS. If any term, provision, covenant or condition of this Agreement shall be d ermined invalid, void or unenforceable, the remainder of this Agreement shall not be affected ereby to the extent such remaining provisions are not rendered 'unpractical to enforce.
28. SUBSEQUE$T AMENDMENT TO AUTHORIZING STATUTE. This Agreement has been entered int in reliance upon the provisions of the Development Agreement Law in effect as of the Agreement Date. Accordingly, subject to Section 11.2 above, to the extent a subsequent amendment to the Development Agreement Law would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necessary for this Agreement to be enf rceable or unless this Agreement is modified pursuant to the provisions set forth in the Agreement and Government Code Section 65868 in effect on the Agreement Date.
29. INTERPRETATION AND GOVERNING LAW. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.
30. SECTION HEADINGS. All section headings and subheadings are inserted for convenience only shall not affect any construction or interpretation of this Agreement.
31. INCORPO TION OF RECITALS AND EXHIBITS. Recitals A through J and attached Exhibits "A' through "E" are hereby incorporated herein by this reference as though set forth in full.
32. RULES OF 4ONSTRUCTION AND MISCELLANEOUS TERMS.
32.1 Gend r. The singular includes the plural; the masculine gender includes the feminine; "shall" is r datory, "may" is permissive.
32.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which 'me is an element.
32.3 Coo ration. Each party covenants to take such reasonable actions and execute all documents that m y be necessary to achieve the purposes and objectives of this Agreement.
33. TENTATIVE TRACT MAP EXTENSIONS. In accordance with the provisions of Section 66452.6 of the California Government Code, tentative subdivision tract map(s) or 5/11/04 4000.88
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s.
0 tentative parcel map(s), heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time for the term of this Agreement.
34. DEUTSCH DEVELOPMENT AGREEMENT. This Agreement shall supersede that certain Development Agreement between the City and Highland Farms, Aleisian Farms and Banning Farms (Deutsch) dated April 25, 1991 and recorded on May 24, 1991 in the Office of the Riverside County Recorder ("Deutsch Development Agreement"), except for any obligation Developer may have to provide access to the City's sewer system to those properties located on Eighth Street as may be a required under the terms of the Deutsch Development Agreement.
The parties have executed this Development Agreement on the date and year first written above.
SIGNED AND CER
THIS DOCUMENT
THE MAYOR OF
"City"
THE CITY OF BEAUMONT, a
municipal corporation of the State of California
"Developer"
PARDEE HOMES, a Califoryja corporation
By:
.M iV1e Tay
Ti
By:
THAT A COPY OF
BEEN DELIVERED TO
CITY COUNCIL
By: PI, - Z/1 C
Lynn Chance, City Clerk
(All Signatures To Be Notarized)
fides+
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CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT
State of California
County of R
On 3/91.9 Oa)
Date
personally appeared
before me,
irvii
KAREE TRINIDAD
Commission # 1413025
mvem � Go m
My Comm. Spires Apr 22.2007
ignature of Notary Public
et, I ►ri ii idea, N oitt l2b �I1I`G
Name and Title of Officer (e.g., "Jane Doe, Note Public") ..rsst L.
Name(s) of Signer(s)
,personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personV whose name( is/p6
subscribed to the within instrument and
acknowledged to me that he/5Ne/Xey executed
the same in his/hp(/thir authorized
capacity(ie ), and that by his/btsrOeir
signature,) on the instrument the person(0J, or
the entity upon behalf of which the person($
acted, executed the instrument.
WITN SS m han•_and official seal.
OPTIONAL
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Title or Type of (ocument:
Document Date �I
Signer(s) Other Than Named Above:
L ►me Art 4"
a3'a bog-
Capacity(ies) Claimed by Signer
Signer's Name:
we alt
Number of Pages: 1
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑' Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
a —s
s a"s". s`
RIGHT THUMBPRINT
OF SIGNER
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® 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907
Reorder. Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ' California
County of Los Angeles
On February 16, 2006, before me, Sherrie Jossen, Notary Public, personally appeared John Arvin, Sr. Vice President, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
SHERRIE JOSSEN j
Commiss.on # 1423346 l7
Notary Public - California
Los Angeles County [
My Comm. expires Jun 9, 2007
WITNESS my hand and official seal
Sherrie Jossen
Notary Public in and for said state.
OPTIONAL
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Title or Type of Document:
Additional Information:
Date of Document:
Signer is Representing:
DESCRIPTION OF ATTACHED DOCUMENT
Development Agreement
Sundance Specific Plan
August 17, 2004
PARDEE HOMES
Signer(s) other than named above: N/A
Name of Signer: John A°vin
Signing As:
INDIVIDUAL
x CORPORATE QFFICER
❑ PARTNER(S)
❑ LIMITED
❑ ATTORNEY -IN-
❑ TRUSTEE
❑ GUARDIAN/CO
❑ OTHER:
Number of Pages: 17
CAPACITY CLAIMED BY SIGNER
TITLE: Sr. Vice President
❑ GENERAL
ACT
ISERVATOR
THUMB PRINT
RIGHT THUMB
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
w
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q
A
1 A
h
1 1
1 State of California
County of 'V' -g l66
On -At O\,b , before me, LoTZTZAtIN�
Date Name and Title of Officer (e.g., "Jane Doe,
personally appeared t " \tip --� I,'�'�,
�n
Name(s) of Signer(s)
11 sh.11� u0
otary Public")
rsonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person* whose name is/are
subscribed to tht within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(iee), and that by his/tierdtbeic
signatureqg on the instrument the person, or
the entity upon behalf of which the person
acted, executed the instrument.
ITN y hand and offic»I sea
Place Notary Seal Above I Signature of Notary Pub c
0 pJ
/
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document
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Title or Type of ocument:
Document Date: 02.1,0 jt..O
Number of Pages:
Signer(s) Other l'han Named Above: 1301.
Capacity(ies) Claimed by Signer %,^
Signer's Name: Ni` F
❑ Individual
(F/f'�7jCorporate O cer — Title(s):
Partner — ❑ imited ❑ General
❑ Attorney in F ct
❑ Trustee
❑ Guardian or onservator
❑ Other:
Signer Is Represfnting:
P 1s
RIGHT THUMBPRINT
OF SIGNER
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pJ
0 NJ
hJ
9J
4�4�4Ag 4 4 aYy\L 4W4\g4W✓4C;g4i;g4�4Sg4S,,,,,A 4S•tr,4/4Sg4W, 4\1(4Sg�J.4•%.� 4',v ,S%4W,4vY,Cri4S.Y4SI/..2✓1:L✓..ti./.`j © 1999 National Notary Association • 9',i50 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907
Reorder. Call Toll -Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of kreir5
On
al/pc/04o
personally appeared
before me, 1C/ . 114 h ( 1 a d
KAREE TRINIDAD
Commission # 1413025
Notary Public - California
Rhronide County
My Comm. ExplresApr 22, 2007
Name and Title of Offices (e.g., Jane Doe, Nota Public") Name( of Signer(s)
�J sonally known to me
'45i:LrOved to me on the basis of satisfactory
evidence
to be the person() whose name($ is/v6
subscribed to the within instrument and
acknowledged to me that l /she/iKey executed
the same in h)&her/thgf'r authorized
capacity(ie , and that by A/her/I ir
signature(g) on the instrument the person), or
the entity upon behalf of which the person
acted, executed the instrument.
WITNE my h
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icial seal.
Signal re of Notary Public
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Description of Attached Document
Title or Type of (Document: € Ve ( U"7�1�1e i�1
A_3/ 9-0o1-(
Document Date:
Signer(s) Other
r-ef m -€Y?+
Number of Pages: (.9.-
Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate O1
❑ Partner — ❑
❑ Attorney -in -
0 Trustee
❑ Guardian or
❑ Other:
ficer — Title(s):
Limited ❑ General
act
onservator
Signer Is Representing:
© 1999 National Notary Association • 9:50 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907
RIGHT THUMBPRINT
OF SIGNER
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Reorder. Call Toll -Free 1-800-876-6827
0 EXHIBIT A
LEGAL DESCRIPTION OF ink, PROPERTY
5/11/04 4000.88
H&O: #10638 v3
Pag ealfibte A893
RBF Consulting
14725 Alton Parkway
Irvine, California 92618
Exhibit "A"
LEGAL DESCRIPTION
SUNDANCE DEVELOPMENT AGREEMENT
October 17, 2003
JN 10-102112.01
That certain parc I of land situated in the City of Beaumont, County of Riverside, State of California, bei g that portion of Section 35, Township 2 South, Range 1 West together with all o Section 2 and that portion of Section 11, Township 3 South, Range 1 West, all San Bernardino Meridian, described as follows:
BEGINNING at the centerline intersection of Brookside Avenue and Cherry Avenue being also the northwest corner of said Section 35 and an angle point in the existing boundary line of the Beaumont -Cherry Valley Water District. thence along sai existing boundary line and the westerly line of said Section 35 South 00°50'06L est 1420.14 feet to an angle point in said existing boundary line as established by "A nexation to Beaumont -Cherry Valley Water District LAFCO 92-19-3"; thence along the Iportherly, easterly and southerly lines of said annexation through the following courses:I South 89°45'24L East 660.97 feet;
thence South 00°51'43L West 566.03 feet;
thence North 89°45'24L West 660.70 feet to said westerly line of Section 35; thence leaving sad southerly line, continuing along said existing boundary line through the following cour es: along said westerly Tine South 00°50'06L West 662.03 feet to the west quarter corn r of said section;
thence continuing along said westerly Tine South 00°39'07L West 2635.83 feet to the northwest corner Of said Section 2;
thence along the westerly line of said Section 2 South 00°32'42L West 2401.99 feet to the west quarter corner of said section;
1 t •
RBF Consulting
Sundance Development Agreement
October 17, 2003
JN 10-102112.01
thence continuing along said westerly line South 00°18'18L East 2637.67 feet to the southwest corner of said Section 2;
thence along the southerly line of said Section 2 South 88°12'51L East 2401.95 feet to the northeasterly corner of Lot 7, Block 1 of the Map of the Subdivision of Section 11, Township 3 South, Range 1 West, San Bernardino Meridian recorded in Book 9, Page 10 of Maps in the Office of the County Recorder of said San Bernardino; thence along the easterly line of said Lot 7 and the southerly prolongation thereof South 00°16'11L West 186.80 feet to the centerline of Eighth Street; thence along said centerline through the following courses: South 89°46'16L East 424.88 feet;
thence South 89°44'451_ East 1551.55 feet to the beginning of a tangent curve concave northerly and havi g a radius of 1000.00 feet;
thence along said
curve easterly 251.56 feet through a central angle of 14/24'48L; thence tangent fr m said curve North 75°50'271_ East 177.60 feet to the beginning of a tangent curve con ave southerly and having a radius of 1000.00 feet; thence along said
curve easterly 239.28 feet through a central angle of 13i42'36L; thence tangent from said curve North 89°33'03L East 215.76 feet to the centerline of Highland Springs ,kvenue, being also the southeasterly corner of said Section 2; thence leaving said centerline of Eighth Street and existing boundary line of Beaumont - Cherry Valley W ter District, along the easterly line of said Section 2 North 00° 10'301_ East 2640. 8 feet to the east quarter corner of said section; thence continuing along said easterly line North 00°10'121_ East 2541.66 feet to the northeast corner Of said section;
thence along the easterly line of said Section 35 North 01°08'321_ East 2639.31 feet to the east quarter corner of said section;
thence continuing along said easterly line North 01°09'01L East 1980.24 feet to an angle point in said existing boundary line of the Beaumont -Cherry Valley Water District;
RBF Consulting October 17, 2003
Sundance Develop►ient Agreement JN 10-102112.01
thence along said existing boundary line through the following courses: continuing along said easterly line of Section 35 North 01°09'01L East 659.33 feet to the northeast corner of said section being also on the centerline of said Brookside Avenue; thence along the northerly line of said section North 89°40'48L West 1321.69 feet to the northwest corner of the northeast quarter of the northeast quarter of said section; thence along the westerly line of said northeast quarter of the northeast quarter of Section 35 South 01°08100L West 1322.94 feet to the centerline of Seventeenth Street; thence along said centerline North 89°43'361_ West 1321.39 feet to the centerline of Orchard Heights Avenue;
thence along said; centerline North 00°56'501_ East 1327.11 feet to said northerly line of Section 35 being also on the centerline of Brookside Avenue; thence along said northerly line North 89°32'30L West 1327.60 feet; thence continuing
TRUE POINT OF
CONTAINING: 12
along said northerly line South 89°58'231_ West 1319.10 feet to the BEGINNING.
17.16 Acres, more or less.
EXHIBIT "A-1" attached and by this reference made a part hereof.
0 0
EXHIBIT B
MAP OF THE PROPERTY
5/11/04 4000.88
H&O: #10638 v3
Page$cteitfB1893
•
w ' •
LEGAL DESCRIPTION
BEING A PORTION OF SECTION 35, TOWNSHIP 2
SOUTH, RANGE 1 WEST TOGETHER WITH ALL OF
SECTION 2 AND A PORTION OF SECTION 11,
TOWNSHIP 3 SOUTH, RANGE 1 WEST, SAN
BERNARDINO MERIDIAN. ALL IN IN THE CITY OF
BEAUMONT, COUNTY OF RIVERSIDE, STATE OF
CALIFORNIA.
BROOESLOE AVE
170
STREET
MARY
LINE
COUGAR
WAY
14th
STREET
ANTONELL
COURT
11th
STREET
10th
STREET
PARCEL A
LOT LINE ADJUSTMENT
L
01 - LLA -02
INST. N4 2002-0219 2, O.R.
/
2000 100
i
17th
PARCEL B
E am STREET
2000
SCALE IN FEET )
1)
2)
CITY LIMITS OF BANNING
NOTES:
THIS ANNEXATION CONTAINS 1217.16 ACRESt.
UNLESS OTHERWISE NOTED, DISTANCES HEREON
ARE GROUND MEASUREMENTS. TO OBTAIN GRID
DISTANCES MULTIPLY BY A COMBINED FACTOR OF
0.99988764
SCALE: 1" = 2000'
LEGEND
ZO INDICATES SHEET NUMBER
EXHIBIT "A -1n
SUNDANCE DEVELOPMENT AGREEMENT
SHEET 1 OF 3 SHEETS
PLANNING • DESIGN ■ CONSTRUCTION
. 14725 ALTON PARKWAY
.
PVNE, CALIFORNIA 92818-2027
CONSULTING 949.4723505 • FAX 949.472.8373 • ww yRE F.com REVISED rLbHUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
!t\PDATA110102112\MAPPING\AMEX1112EX002.DWG
el •
• •• +
' I
P.02.
NW COR. SEC.
35, T.2S.,
R.1W. S.B.M.
20' _
O
o�
17TH "
STREET
SCHOOL SITE
INST. NO. 26656,
O.R. (1-24-91) _
MARY
LANE 3
COUGAR
WAY
II
QJ
S89°58'23"W
1319.10'
S89°45'24"E
660.97'
In �
O(0
O
20'
14TH ST. (
3 N
,
•
O
O v
O N
20'
ANTONELL
COURT
J
S00°51'43"W
f 566.03'
J
N89°45'24"W
660.70'
W 1/4 COR. SEC. 35
APN 406-170-011
PARCEL A
c
z
N89°32'30"W
1327.60'
It
aW
a
Oq
BROOKSIDE
a
AVE. a
0 w ;3
8 NORMAN RD:
ORCHARD o
HEIGHTS AVE.—'
N89°43'36"W
1321.39' —�
q, 17TH STREET
L_
APN 406-170-007
1321.69'
N89°40'48"W
I �I
0.c3c° M6
t.
phl e
O N
aI ° j
9 �p 1 40 N
�° '
w
v
O
o9l o
z
NE COR. SEC.
35, T.2S.,
R.1W. S.B.M.
E 1/4 COR. SEC. 35 �' I
Ea
N
APN 406-170-008
LOT LIi\EE ADJUSTMENT 01 -LLA-O2
J.W. CORNER SECTION 2,
I.3S., R.1W., S.B.M.
INST. NO,
APN 419-020-017
2002-021 972, O.R.
PARCEL
- SEE SHEET 3 -
LEGEND
INDICATES NW COR. NE 1/4, NE 1/4
1000 500 0 1000 © SEC. 35, 725., R.1W.
- 80'
LJ
N
I+)
0 I o
JI Z80'
659.33'
(SCALE IN FEET)
EXHIBIT "A-1
SUNDANCE DEVELOPMENT
AGREEMENT
SHEET 2 OF 3 SHEETS
PLANNING • DESIGN ■ CONSTRUCTION
14725 ALTON PARKWAY
. .
PANE, CALIFORNIA 9269-2027
CONSULTING 949.472.3505 • FAX 949.472.6373 • wwwABF.com REVISED FEBRUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
It IPDATA1101021121MAPPINGIANAEX1112EX003.DWG
4 • ' I
M 4 ° "t
• ' 4
0 ANTONELL
COURT o
W
20'
7-I
LO
11TH ST.
10TH ST.
VARIES
J
- SEE SHEET 2 -
APN 419-020-017
PARCEL A
W 1/4 COR. SEC. 2
PARCEL B
E 1/4 COR. SEC. 2
LOT LINE ADJUSTMENT 01 -LA -02
APN 419-020-018
INST. NO. 2002021972, J.R.
FTW COR. SEC. 2,
.3S., R.1W. S.B.M.
DS88°12'51"E 2401.95'
ZS I-4
DATA TABLE
N�0 BRNG/DELTA RADIIS LENGTH
4 1 14°24'48" 1000.00' 251.56'
2 N75°50'27"E -- 177.60'
3 13°42'36" 1000.00' 239.28'
4 N89°33'03"E -- 215.76'
1000 500 0 1000
(SCALE IN FEET),
EXHIBIT "A-1"
SUNDANCE DEVELOPMENT
AGREEMENT
1 ,6")
S00° 16' 11 "W I Q�� ?�`..
186.80 O A,
186.80'
S89°46'16"E
424.88'
1551.55'
S89°44'45"E
g, 8TH
LEGEND
STREET
w
N
0 0
80 -821
50 O
0 N
q, HIGHLAND SPRINGS AVE.
-82'
INDICATES N L Y LINE, BLOCKS 1 & 2,
MAP OF THE SUBDII'SION OF SEC.
11, T. 3S., R.1 W. S.B.M. PER BOOK 9,
PAGE 10 OF MAPS.
INDICATES NE'L Y COR. LOT 7, BLOCK
1 PER BOOK 9, PAGE 10 OF MAPS.
SHEET 3 OF 3 SHEETS
PLANNING ■ DESIGN ■ CONSTRUCTION
. 14725 ALTON PARKWAY
. .
MINE, CALIFORNIA 92818-2027
CONSULTING 949.4723505 • FAX 949472.8373 • wwwRBF.cam
REVISED FEBRUARY 19, 2003
MARCH 15, 2002 J.N. 10-102112
1* 'PDATA\10102112jMAPPING\AN11EXj112£X004.DWG