EXPENDITURES
Current:
General Government
City Council 392,540 397,540 403,629 (6,089) City Manager 947,580 947,580 922,722 24,858 Community Support Services 683,590 683,590 715,079 (31,489) City Attorney 297,320 297,320 446,838 (149,518) City Clerk 673,000 715,200 616,599 98,601 Internal Support Services 1,281,470 1,282,962 1,115,621 167,341 Finance 1,043,150 1,043,510 985,383 58,127 Public Works 1,826,200 1,859,500 1,722,369 137,131 Non-Departmental 1,811,050 1,811,050 1,082,547 728,503 Total General Government 8,955,900 9,038,252 8,010,787 1,027,465 Leisure:
Recreation and Administration 3,650,140 3,723,966 4,178,720 (454,754) Health:
Navigation Center 2,735,000 3,238,901 2,910,376 328,525 Public Works 4,211,540 4,212,996 4,197,835 15,161 Total Health 6,946,540 7,451,897 7,108,211 343,686
Transportation:
Public Works 5,809,790 5,946,321 5,144,193 802,128 Total Transportation 5,809,790 5,946,321 5,144,193 802,128 Public Protection:
Community Development Services 609,940 683,037 660,191 22,846 Fire Department 14,205,710 14,205,710 14,200,536 5,174 Police Department 32,600,470 32,804,184 31,637,485 1,166,699 Total Public Protection 47,416,120 47,692,931 46,498,212 1,194,719 City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balances Budget and Actual - General Fund
Year Ended June 30, 2023
Budgeted Amounts
71 Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
Development:
Community Development Services 2,842,560$ 3,296,361 $ 2,626,556 $ 669,805 $ Environmental:
Recreation, Parks, and Comm. Svcs. 4,026,250 4,140,811 4,256,646 (115,835) Capital Outlay 250,000 2,049,097 549,400 1,499,697 Debt Service:
Principal Retirement 425,000 425,000 425,000 - Interest and Other Charges 332,100 332,100 332,100 - Total Expenditures 80,654,400 84,096,736 79,129,825 4,966,911 Excess (Deficiency) of Revenues
over Expenditures (177,140) (1,528,857) 15,665,556 17,194,413
OTHER FINANCING SOURCES (USES)
Transfers In 147,670 1,102,314 124,151 (978,163) Transfers Out (1,039,650) (5,288,099) (1,348,948) 3,939,151 Total Other Financing Sources (Uses) (891,980) (4,185,785) (1,224,797) 2,960,988 Net Change in Fund Balances (1,069,120) (5,714,642) 14,440,759 20,155,401 Fund Balances, Beginning 73,190,757 73,190,757 73,190,757 - Fund Balances, Ending 72,121,637 $ 67,476,115 $ 87,631,516 $ 20,155,401 $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balances Budget and Actual - General Fund - Continued
Year Ended June 30, 2023
Budgeted Amounts
72 Variance with
Final Budget
Actual Positive
Original Final Amounts (Negative)
REVENUES
Charges for Services - $ - $ 407,847$ 407,847 $ Investment Income - - 125,445 125,445 Total Revenues - - 533,292 533,292
EXPENDITURES
Current:
Development 317,340 317,406 273,055 44,351 Total Expenditures 317,340 317,406 273,055 44,351
Excess (Deficiency) of Revenues
over Expenditures (317,340) (317,406) 260,237 577,643
OTHER FINANCING SOURCES (USES)
Transfers In - - - - Transfers Out (250,000) (250,000) - 250,000 Total Other Financing Sources (Uses) (250,000) (250,000) - 250,000 Net Change in Fund Balance (567,340) (567,406) 260,237 827,643 Fund Balance, Beginning 25,650,413 25,650,413 25,650,413 - Fund Balance, Ending 25,083,073$ 25,083,007$ 25,910,650$ 827,643$ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - Housing Successor Special Revenue Fund Year Ended June 30, 2023
Budgeted Amounts
73 City of Buena Park
Notes to Required Supplementary Information
Year Ended June 30, 2023
BUDGETS AND BUDGETARY ACCOUNTING
Annual budgets are adopted on a basis consistent with accounting principles generally accepted in the United States of America for governmental funds. The City’s budget ordinance requires that in June of each year the City Manager to the City Council for the fiscal year commencing the following July 1. As modified during public study sessions, the preliminary budget becomes the proposed budget. Following public hearings on the proposed budget, the final annual budget is adopted by the City Council in June of the fiscal yea r. After adoption of the final budget, transfers of appropriations within the general fund departments may be done by the City Manager. Budget transfers within a department/fund may be done by department heads. Budget modifications between funds and increases or decreases to a fund’s overall budget must be approved by the City Council . Numerous properly authorized amendments are made during the fiscal year.
Budgetary control is enhanced by integrating the budget into the general ledger accounts. Encumbrance accounting (e.g. purchase orders) is employed by the City.
74 THIS PAGE INTENTIONALLY LEFT BLANK
City of Buena Park
Required Supplementary Information
Year Ended June 30, 2023
Schedule of Changes in the Net Pension
Liability and Related Ratios
Agent Multiple-employer Plan - Miscellaneous
Total Pension Liability 2022 2021 2020
Service cost 2,234,738 $ 2,154,848 $ 2,196,854 $ Interest on total pension liability 10,730,177 10,487,791 10,165,401 Changes in assumptions 4,269,390 - - Differences between expected and actual experience 495,639 364,241 (1,945,520) Benefit payments, including refunds (8,813,099) (8,427,293) (7,965,791) Net change in total pension liability 8,916,845 4,579,587 2,450,944 Total pension liability - beginning 154,033,964 149,454,377 147,003,433 Total pension liability - ending (a) 162,950,809 $ 154,033,964 $ 149,454,377 $ Plan Fiduciary Net Position
Contributions - employer 35,856,980 $ 4,448,078 $ 4,195,356 $ Contributions - employee 965,501 972,705 1,103,870 Net investment income (11,490,612) 23,961,580 5,166,628 Benefit payments (8,813,099) (8,427,293) (7,965,791) Administrative/Other Expense (79,478) (106,623) (147,155) Net change in plan fiduciary net position 16,439,292 20,848,447 2,352,908 Plan fiduciary net position - beginning 127,584,939 106,736,492 104,383,584 Plan fiduciary net position - ending (b) 144,024,231 $ 127,584,939 $ 106,736,492 $ Net pension liability - ending (a) - (b) 18,926,578 $ 26,449,025 $ 42,717,885 $ Plan fiduciary net position as a percentage
of the total pension liability 88.39% 82.83% 71.42%
Covered payroll 15,051,613 $ 14,578,447 $ 13,479,498 $ Net pension liability as percentage of
covered payroll 125.74% 181.43% 316.91%
Notes to Schedule of Changes in Net Pension Liability and Related Ratios:
Measurement Period
Benefit Changes: The figures above do not include any liability impact that may have resulted from plan changes which occurred after the June 30, 2018 valuation date. This applies to voluntary benefit changes as well as any offers of Two Years Additional Service Credit (a.k.a. Golden Handshakes).
Changes in Assumptions: In 2017, the accounting discount rate reduced from 7.65 percent to 7.15 percent. In 2016, there were no changes. In 2015, amounts reported reflected an adjustment of the discount rate from 7.5 percent (net of administrative expense) to 7.65 percent (without a reduction for pension plan administrative expense.) In 2014, amounts reported were based on the 7.5 percent discount rate. * Pension schedules are intended to show information for ten years, additional years’ information w ill be displayed
as it becomes available.
75 2019 2018 2017 2016 2015 2014
2,213,426$ 2,236,898$ 2,148,370$ 1,992,348$ 2,394,505$ 2,495,555$ 9,994,688 9,602,276 9,338,442 9,259,401 10,402,942 9,879,182 - (529,198) 7,411,183 - (2,726,343) - 1,316,775 124,877 (2,072,201) (1,430,631) 1,323,162 - (7,767,642) (7,544,209) (7,329,296) (6,868,870) (7,001,597) (6,313,012) 5,757,247 3,890,644 9,496,498 2,952,248 4,392,669 6,061,725 141,246,186 137,355,542 127,859,044 124,906,796 139,692,888 133,631,163 147,003,433$ 141,246,186$ 137,355,542$ 127,859,044$ 144,085,557$ 139,692,888$ 3,589,027$ 3,184,075$ 2,959,042$ 2,571,401$ 2,006,400$ 3,816,628$ 976,043 990,815 997,916 964,624 951,393 896,539 6,561,383 8,127,473 9,957,029 452,819 2,115,027 14,795,183 (7,767,642) (7,544,209) (7,329,296) (6,868,870) (6,786,470) (6,313,012) (56,876) (437,349) (133,336) (56,829) (104,951) - 3,301,935 4,320,805 6,451,355 (2,936,855) (1,818,601) 13,195,338 101,081,649 96,760,844 90,309,489 93,246,344 95,064,945 85,979,077 104,383,584$ 101,081,649$ 96,760,844$ 90,309,489$ 93,246,344$ 99,174,415$ 42,619,849$ 40,164,537$ 40,594,698$ 37,549,555$ 50,839,213$ 40,518,473$
71.01% 71.56% 70.45% 70.63% 64.72% 70.99%
14,823,350$ 14,391,602$ 12,895,891$ 12,045,152$ 11,636,737$ 8,870,562$ 287.52% 279.08% 314.79% 311.74% 436.89% 456.77%
Measurement Period
76 City of Buena Park
Required Supplementary Information
Year Ended June 30, 2023
Defined Benefit Cost Sharing Multiple-Employer Plan - Safety
Notes to the Schedule of the City’s Proportionate Share of the Net Pension Liability
Benefit Changes: None
Changes in Assumptions: In 2017, the accounting discount rate changed from 7.65% to 7.15%.
Proportionate Plan Fiduciary
Proportion of Proportionate Share of the Net Net Position as the Net Pension Share of Net Cov ered Pension Liability a % of the Total Measurement Date Liability Pension Liability Payroll as a % of Payr oll Pension Liability 2022 0.47156% 32,403,956 $ 11,766,132 $ 275.40% 87.79% 2021 1.03986% 56,238,642 11,253,447 499.75% 77.75% 2020 0.73669% 80,155,166 10,315,557 777.03% 67.45% 2019 0.72284% 74,069,585 8,760,412 845.50% 69.60% 2018 0.71541% 68,938,674 8,505,254 810.54% 75.26% 2017 0.68500% 67,933,536 9,280,685 731.99% 73.31% 2016 0.68943% 59,657,145 8,412,906 709.11% 74.06% 2015 0.67629% 46,420,099 8,024,373 578.49% 78.40% 2014 0.64148% 38,926,454 8,881,515 438.29% 79.82% Schedule of the City's Proportionate Share of the Net Pension L iability Last 10 Years*
77 City of Buena Park
Required Supplementary Information
Year Ended June 30, 2023
Schedule of Contributions – Last 10 Years*
Agent Multiple-employer Plan – Miscellaneous Plan
Schedule of Contributions – Last 10 Years*
Cost-Sharing Plan – Safety Plan
Contributions in
Relation to the Contributions
Contractually Actuarially Contribution as a % of
Required Determined Deficiency/ Covered Covered
Fiscal Year Contributions Contributions (Excess) Payroll Payroll 2023 1,542,364$ (1,542,364)$ -$ 15,199,900$ 10.15% 2022 4,591,817 (35,873,817) (31,282,000) 15,051,613 30.51% 2021 4,448,078 (4,448,078) - 14,578,447 30.51% 2020 4,193,814 (4,193,814) - 13,479,498 31.11% 2019 3,587,318 (3,587,318) - 14,823,350 24.20% 2018 3,184,856 (3,184,856) - 14,391,602 22.13% 2017 2,853,983 (2,853,983) - 12,895,891 22.13% 2016 2,571,401 (2,571,401) - 12,045,152 21.35% 2015 2,006,400 (2,006,400) - 11,636,737 17.24% 2014 1,880,762 (1,880,762) - 11,030,619 17.05% Schedule of Plan Contributions
La st 10 Ye a rs*
Contributions in
Relation to the Contributions
Contractually Contractually Contribution as a % of
Required Required Deficiency/ Covered Covered
Fiscal Year Contributions Contributions (Excess) Payroll Payroll 2023 2,460,652$ (2,460,652)$ -$ 11, 177,135$ 22.02% 2022 8,016,447 (72,610,947) (64,594,500) 11,766,132 68.13% 2021 7,149,910 (7,149,910) - 11, 253,447 63.54% 2020 6,501,781 (6,501,781) - 10, 315,557 63.03% 2019 5,512,848 (5,512,848) - 8, 760,412 62.93% 2018 4,735,608 (4,735,608) - 8, 505,254 55.68% 2017 4,131,562 (4,131,562) - 9, 280,685 44.52% 2016 3,615,462 (3,615,462) - 8, 412,906 42.98% 2015 2,299,785 (2,299,785) - 8, 024,373 28.66% Schedule of Plan Contributions
La st 10 Ye a rs*
78 City of Buena Park
Required Supplementary Informamtion
Year Ended June 30, 2023
2022 2021 2020
Total OPEB Liability
Service cost 147,464$ 121,354$ 118,106$ Interest on total OPEB liability 492,566 500,722 495,773 Changes in assumptions - 318,610 - Changes in benefits - - - Differences between expected and actual experience 146,883 (140,460) 98,835 Benefit payments, including refunds (665,819) (680,506) (646,871) Net change in total OPEB liability 121,094 119,720 65,843 Total OPEB liability - beginning 7,483,004 7,363,284 7,297,441 Total OPEB liability - ending (a) 7,604,098$ 7,483,004$ 7,363,284$ Plan Fiduciary Net Position
Contributions - employer 765,819$ 780,506$ 646,871$ Net Investment Income (402,052) 626,536 77,828 Benefit payments (665,819) (680,506) (646,871) Administrative Expense (762) (863) (1,076) Net change in plan fiduciary net position (302,814) 725,673 76,752 Plan fiduciary net position - beginning 3,005,210 2,279,537 2,202,785 Plan fiduciary net position - ending (b) 2,702,396$ 3,005,210$ 2,279,537$ Net OPEB liability - ending (a) - (b) 4,901,702$ 4,477,794$ 5,083,747$ Plan fiduciary net position as a percentage
of the total OPEB liabilit
y 35.5% 40.2% 31.0%
Covered - employee payroll 26,817,745 25,831,894 23,795,055 Net OPEB liability as a percentage of
covered-employee payroll 18.28% 17.33% 21.36%
*OPEB schedules are intended to show information for ten years, additional years' information will be displayed as it becomes available.
Measurement Period
Schedule of Changes in the Net OPEB Liability and Related Ratios for the Measurement Periods Ended June 30
Last 10 Years'
79 2019 2018 2017
214,585$ 116,447$ 113,330$
514,224 510,586 506,741
- - -
- - -
(335,231) - -
(669,809) (578,455) (558,051)
(276,231) 48,578 62,020
7,573,672 7,525,094 7,463,074
7,297,441$ 7,573,672$ 7,525,094$
769,809$ 678,455$ 658,051$
123,383 139,019 157,061
(669,809) (578,455) (558,051)
(425) (2,004) (1,323)
222,958 237,015 255,738
1,979,827 1,742,812 1,487,074
2,202,785$ 1,979,827$ 1,742,812$
5,094,656$ 5,593,845$ 5,782,282$
30.2% 26.1% 23.2%
23,583,762 22,841,873 22,176,576
21.60% 24.49% 26.07%
Measurement Period
80 SUPPLEMENTARY INFORMATION
OTHER GOVERNMENTAL FUNDS
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City of Buena Park
Other Governmental Funds
Year Ended June 30, 2023
Gas Tax Fund
This fund accounts for State gasoline taxes received by the Cit y. These funds may be used for street maintenance, right-of-way acqu isition, and street construction. Gas Tax funds are used for capital projects established within the Gas Tax Fund.
Asset Forfeiture Fund
This fund accounts for the assets seized as a result of drug enforcement activities.
Proposition 172 Police Augmentation Fund
This fund accounts for the half-cent sales tax remitted to the City from other governmental agencies to be expended for public safety.
Measure M2 Fund
This fund accounts for Measure M2 funds restricted for transportation facility and service improvements.
Local Law Enforcement Block Grant Fund
This fund accounts for grant monies received for local law enforcement activities.
Traffic Congestion Relief Fund
This fund accounts for the Governor's transportation congestion relief program revenue received for the repair and reconstruction of streets.
State OCATT Fund
This fund accounts for revenue received for investigation and prosecution of criminals belonging to major auto theft rings.
COPS/SLESF Fund
This fund accounts for COPS/SLESF revenue received for policing and law enforcement activities.
Housing and Community Development Fund
This fun accounts for commercial and residential improvement pr ojects of the planning, economic development, and public works departments. Financing is provided by a federal grant from the Department of Housing and Urban Development.
AB 2766/AQMD Fund
This fund accounts for AB 2766/AQMD revenue received for air quality improvement projects.
HOME Loans Fund
This fund accounts for grant monies received from the first-time homebuyer down payment assistance program.
CalHOME Loans Fund
This fund accounts for grant monies received from the CalHOME first-time homebuyer down payment assistance program.
Opiod Settlement Fund
This fund accounts for monies received as part of an opiod settlement case.
Park In-lieu Fund
This fund accounts for recreational development projects financ ed by developer fees paid in-lieu of park development.
City Capital Projects Fund
This fund accounts for the acquisition or construction of major capital facilities in the City. 81 Proposition Local Law
State Asset 172 Police Measure Enforcement
Gas Tax Forfeiture Augmentation M2 Block Grant
ASSETS
Cash and Investments 6,870,205$ 547,750$ 164,009$ 1,925,132$ 73,269$ Restricted Cash and Investments - - - - - Receivables:
Accounts 9,085 - 12,615 - - Interest Receivable 21,766 2,269 688 14,770 304 Loans Receivable - - - - - Due from Other Governments 516,822 - 94,723 344,012 - Prepaid Items - - - - - Total Assets 7,417,878$ 550,019$ 272,035$ 2,283,914$ 73,573$
LIABILITIES
Accounts Payable 985,828$ -$ -$ 517$ -$ Accrued Liabilities 8,778 - 11,036 6,776 224 Deposits Payable - 116,939 - - - Unearned Revenue - - - - - Due to Other Funds - - - - - Total Liabilities 994,606 116,939 11,036 7,293 224
DEFERRED INFLOWS OF RESOURCES
Unavailable Revenue - - 12,615 - - Total Deferred Inflows of Resources - - 12,615 - -
FUND BALANCE (DEFICITS)
Nonspendable - - - - - Restricted 6,423,272 433,080 248,384 2,276,621 73,349 Assigned - - - - - Unassigned - - - - - Total Fund Balances (Deficits) 6,423,272 433,080 248,384 2,276,621 73,349 Total Liabilities, Deferred Inflows
7,417,878$ 550,019$ 272,035$ 2,283,914$ 73,573$ and Fund Balances (Deficits) City of Buena Park
Combining Balance Sheet
Non-major Governmental Funds
June 30, 2023
Special Revenue
82 Traffic Housing and
Congestion State Community AB 2766/ HOME CalHOME
Relief OCATT COPS/SLESF Development AQMD Loans Loans
34,398$ -$ 143,156$ -$ 569,134$ 1,802,369$ 1,156,637$ - - - - - - - - - - - 27,825 - - 143 - 576 654,880 2,373 558,017 182,715 - - - 2,149,247 - 2,410,861 1,699,423 - - - - - - - - - - - - - - 34,541$ -$ 143,732$ 2,804,127$ 599,332$ 4,771,247$ 3,038,775$ -$ - $ - $ 31,906$ 405 $ 800 $ - $ - - 9,729 12,642 - 563 - - - - - - - - - - - - - - - - - - 192,915 - - - - - 9,729 237,463 405 1,363 - - - - 654,880 - 550,549 177,923 - - - 654,880 - 550,549 177,923 - - - - - - - 34,541 - 134,003 1,911,784 598,927 4,219,335 2,860,852 - - - - - - - - - - - - - - 34,541 - 134,003 1,911,784 598,927 4,219,335 2,860,852 34,541$ -$ 143,732$ 2,804,127$ 599,332$ 4,771,247$ 3,038,775$ Continued
Special Revenue
83 Special
Revenue
Opiod Park City
Settlement In-Lieu Capital Projects Total
ASSETS
Cash and Investments 163,891 $ 3,163,621 $ - $ 16,613,571$ Restricted Cash and Investments - - - - Receivables:
Accounts - 119,379 532,507 701,411 Interest Receivable - 12,166 - 1,450,667 Loans Receivable - - - 6,259,531 Due from Other Governments - - - 955,557 Prepaid Items - - - - Total Assets 163,891 $ 3,295,16 6$ 532,507$ 25,980,737$
LIABILITIES
Accounts Payable - $ 78,545$ 19,442 $ 1,117,443$ Accrued Liabilities - - - 49,748 Deposits Payable - - - 116,939 Unearned Revenue - - - - Due to Other Funds - - 542,696 735,611 Total Liabilities - 78,545 562,138 2,019,741
DEFERRED INFLOWS OF RESOURCES
Unavailable Revenue - 106,129 532,507 2,034,603 Total Deferred Inflows of Resources - 106,129 532,507 2,034,603
FUND BALANCE (DEFICITS)
Nonspendable - - - - Restricted 163,891 3,110,492 - 22,488,531 Assigned - - - - Unassigned - - (562,138) (562,138) Total Fund Balances (Deficits) 163,891 3,110,492 (562,138) 21,926,393 Total Liabilities, Deferred Inflows
and Fund Balances (Deficits) 163,891$ 3,295,166$ 532,507$ 25,980,737$ City of Buena Park
Combining Balance Sheet
Non-major Governmental Funds - Continued
June 30, 2023
Capital Projects
84 THIS PAGE INTENTIONALLY LEFT BLANK
Proposition Local Law
State Asset 172 Police Measure Enforcement
Gas Tax Forfeiture Augmentation M2 Block Grant
REVENUES
Taxes -$ -$ 478,870$ -$ -$ Intergovernmental 4,114,032 199,199 - 2,097,880 21,000 Charges for Services 101,520 9,631 - - - Investment Income 59,223 (565) 6,316 1,197 943 Miscellaneous - - 53,753 - - Total Revenues 4,274,775 208,265 538,939 2,099,077 21,943
EXPENDITURES
Current:
General Government - - - - - Transportation 718,321 - - 415,484 - Public Protection - 14,171 696,518 - 27,549 Development - - - - - Capital Outlay 5,407,424 - - - - Total Expenditures 6,125,745 14,171 696,518 415,484 27,549 Excess (Deficiency) of Revenues
Over Expenditures (1,850,970) 194,094 (157,579) 1,683,593 (5,606)
OTHER FINANCING SOURCES (USES)
Transfers In 1,617,499 - 78,725 - - Transfers Out (22,500) - (135,144) (1,639,630) - Total Other Financing Sources (Uses) 1,594,999 - (56,419) (1,639,630) - Net Change in Fund Balances (255,971) 194,094 (213,998) 43,963 (5,606) Fund Balances - Beginning 6,679,243 238,986 462,382 2,232,658 78,955 Fund Balances - Ending 6,423,272$ 433,080$ 248,384$ 2,276,621$ 73,349$ Special Revenue
City of Buena Park
Combining Statement of Revenues, Expenditures and Changes in Fund Balances Non-major Governmental Funds
Year Ended June 30, 2023
85 Traffic Housing and
Congestion State Community AB 2766/ HOME CalHOME
Relief OCATT COPS/SLESF Development AQMD Loans Loans
-$ -$ -$ -$ -$ -$ -$ - - 210,477 470,660 137,009 - - 10,258 - - 1,109 - - - 5,844 - 3,924 225,373 3,077 162,237 13,898 - - - - - - - 16,102 - 214,401 697,142 140,086 162,237 13,898 - - - - 10,696 - - - - - - - - - - - 408,000 - - - - - - - 994,713 - 110,776 - - - - - - - - - - 408,000 994,713 10,696 110,776 - 16,102 - (193,599) (297,571) 129,390 51,461 13,898 - 135,144 194,174 - - - - - - - - (124,036) - - - 135,144 194,174 - (124,036) - - 16,102 135,144 575 (297,571) 5,354 51,461 13,898 18,439 (135,144) 133,428 2,209,355 593,573 4,167,874 2,846,954 34,541$ -$ 134,003$ 1,911,784$ 598,927$ 4,219,335$ 2,860,852$ Continued
Special Revenue
86 Special
Revenue
Opiod Park City
Settlement In-Lieu Capital Projects Total
REVENUES
Taxes -$ - $ - $ 478,870$ Intergovernmental 162,420 532,359 42,883 7,987,919 Charges for Services - 830,688 - 953,206 Investment Income 1,471 13,245 - 496,183 Miscellaneous - - - 53,753 Total Revenues 163,891 1,376,292 42,883 9,969,931
EXPENDITURES
Current:
General Government - - - 10,696 Transportation - - - 1,133,805 Public Protection - - - 1,146,238 Development - - - 1,105,489 Capital Outlay - 799,754 277,272 6,484,450 Total Expenditures - 799,754 277,272 9,880,678 Excess (Deficiency) of Revenues
Over Expenditures 163,891 576,538 (234,389) 89,253
OTHER FINANCING SOURCES (USES)
Transfers In - 227,210 - 2,252,752 Transfers Out - - - (1,921,310) Total Other Financing Sources (Uses) - 227,210 - 331,442 Net Change in Fund Balances 163,891 803,748 (234,389) 420,695 Fund Balances - Beginning - 2,306,744 (327,749) 21,505,698 Fund Balances - Ending
163,891$ 3,110,492 $ (562,138) $ 21,926,393 $ Capital Projects
City of Buena Park
Combining Statement of Revenues, Expenditures and Changes in Fund Balances Non-Major Governmental Funds - Continued
Year Ended June 30, 2023
87 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental 4,241,370 $ 4,114,032 $ (127,338) $ Charges for Services 62,000 101,520 39,520 Investment Income 16,000 59,223 43,223 Total Revenues 4,319,370 4,274,775 (44,595)
EXPENDITURES
Current:
Transportation 865,970 718,321 147,649
Capital Outlay 10,231,194 5,407,424 4,823,770
Total Expenditures 11,097,164 6,125,745 4,971,419
Excess (Deficiency) of Revenues
over Expenditures (6,777,794) (1,850,970) 4,926,824
OTHER FINANCING SOURCES (USES)
Transfers In 2,697,709 1,617,499 (1,080,210)
Transfers Out (37,448) (22,500) 14,948 Total Other Financing
Sources (Uses) 2,660,261 1,594,999 (1,065,262) Net Change in Fund Balances (4,117,533) (255,971) 3,861,562 Fund Balance, Beginning 6,679,243 6,679,243 -
Fund Balance, Ending 2,561,710 $ 6,423,272 $ 3,861,562 $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - Gas Tax Special Revenue Fund
Year Ended June 30, 2023
88 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental 150,000 $ 199,199 $ 49,199 $ Charges for Services - 9,631 9,631
Investment Income 4,000 (565) (4,565) Total Revenues 154,000 208,265 54,265
EXPENDITURES
Current:
Public Protection 88,000 14,171 73,829
Total Expenditures 88,000 14,171 73,829
Excess (Deficiency) of Revenues
over Expenditures 66,000 194,094 128,094
OTHER FINANCING SOURCES (USES)
Transfers In - - - Transfers Out (9,264) - 9,264 Total Other Financing
Sources (Uses) (9,264) - 9,264 Net Change in Fund Balances 56,736 194,094 137,358
Fund Balance, Beginning 238,986 238,986 -
Fund Balance, Ending 295,722 $ 433,080 $ 137,358 $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - Asset Forfeiture Special Revenue Fund Year Ended June 30, 2023
89 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Taxes 410,000 $ 478,870 $ 68,870 $
Intergovernmental 1,700 - (1,700) Investment Income 12,615 6,316 (6,299) Miscellaneous - 53,753 53,753 Total Revenues 424,315 538,939 114,624
EXPENDITURES
Current:
Public Protection 568,866 696,518 (127,652) Total Expenditures 568,866 696,518 (127,652)
Excess (Deficiency) of Revenues
over Expenditures (144,551) (157,579) (13,028)
OTHER FINANCING SOURCES (USES)
Transfers In 36,520 78,725 42,205
Transfers Out (102,520) (135,144) (32,624) Total Other Financing
Sources (Uses) (66,000) (56,419) 9,581 Net Change in Fund Balances (210,551) (213,998) (3,447) Fund Balance, Beginning 462,382 462,382 -
Fund Balance, Ending 251,831 $ 248,384 $ (3,447) $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - Proposition 172 Police Special Revenue Fund Year Ended June 30, 2023
90 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental 1,797,710 $ 2,097,880 $ 300,170 $ Investment Income 15,000 1,197 (13,803) Total Revenues 1,812,710 2,099,077 286,367
EXPENDITURES
Current:
Transportation 573,970 415,484 158,486
Capital Outlay 242,516 - 242,516 Total Expenditures 816,486 415,484 401,002
Excess (Deficiency) of Revenues
over Expenditures 996,224 1,683,593 687,369
OTHER FINANCING SOURCES (USES)
Transfers In - - - Transfers Out (3,048,240) (1,639,630) 1,408,610 Total Other Financing
Sources (Uses) (3,048,240) (1,639,630) 1,408,610 Net Change in Fund Balances (2,052,016) 43,963 2,095,979 Fund Balance, Beginning 2,232,658 2,232,658 -
Fund Balance, Ending 180,642 $ 2,276,621 $ 2,095,97 9$ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - Measure M2 Special Revenue Fund
Year Ended June 30, 2023
91 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental 66,093 $ 21,000 $ (45,093) $ Investment Income - 943 943 Total Revenues 66,093 21,943 (44,150)
EXPENDITURES
Current:
Public Protection 55,093 27,549 27,544 Total Expenditures 55,093 27,549 27,544
Excess (Deficiency) of Revenues
over Expenditures 11,000 (5,606) (16,606)
OTHER FINANCING SOURCES (USES)
Transfers In - - - Transfers Out - - - Total Other Financing
Sources (Uses) - - - Net Change in Fund Balances 11,000 (5,606) (16,606) Fund Balance, Beginning 78,955 78,955 -
Fund Balance, Ending 89,955 $ 73,349 $ (16,606) $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - LLEBG Special Revenue Fund
Year Ended June 30, 2023
92 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Charges for Services 5,000 $ - $ (5,000)$ Investment Income 500 - (500) Total Revenues 5,500 0 (5,500)
EXPENDITURES
Current:
Engineering and Public Works - - - Total Expenditures - - - Excess (Deficiency) of Revenues
over Expenditures 5,500 - (5,500)
OTHER FINANCING SOURCES (USES)
Transfers In - 135,144 135,144 Transfers Out (245,000) - 245,000 Total Other Financing
Sources (Uses) (245,000) 135,144 380,144 Net Change in Fund Balances (239,500) 135,144 374,644 Fund Balance, Beginning (135,144) (135,144) -
Fund Balance, Ending (374,644 )$ - $ 374,644$ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - Traffic Congestion Relief Special Revenue Fund Year Ended June 30, 2023
93 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental 230,000 $ 210,477 $ (19,523) $ Investment Income - 3,924 3,924 Total Revenues 230,000 214,401 (15,599)
EXPENDITURES
Current:
Public Protection - 408,000 (408,000) Total Expenditures - 408,000 (408,000) Excess (Deficiency) of Revenues
over Expenditures 230,000 (193,599) (423,599)
OTHER FINANCING SOURCES (USES)
Transfers In 102,520 194,174 91,654
Transfers Out - - - Total Other Financing
Sources (Uses) 102,520 194,174 91,654
Net Change in Fund Balances 332,520 575 (331,945) Fund Balance, Beginning 133,428 133,428 -
Fund Balance, Ending 465,948 $ 134,003 $ (331,945 )$ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - State OCATT Special Revenue Fund
Year Ended June 30, 2023
94 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental 230,000 $ 470,660 $ 240,660 $ Investment Income 500 225,373 224,873 Total Revenues 230,500 696,033 465,533
EXPENDITURES
Current:
Public Protection 380,150 - 380,150 Total Expenditures 380,150 - 380,150 Excess (Deficiency) of Revenues
over Expenditures (149,650) 696,033 845,683
OTHER FINANCING SOURCES (USES)
Transfers In 149,650 - (149,650) Transfers Out - - - Total Other Financing
Sources (Uses) 149,650 - (149,650) Net Change in Fund Balances - 696,033 696,033 Fund Balance, Beginning 2,209,355 2,209,355 - Fund Balance, Ending 2,209,35 5$ 2,905,388$ 696,033$
City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - COPS/SLESF Special Revenue Fund
Year Ended June 30, 2023
95 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental 923,130 $ 137,009 $ (786,121) $ Charges for Services - - - Investment Income - 3,077 3,077 Miscellaneous 349,319 - (349,319) Total Revenues 1,272,449 140,086 (1,132,363)
EXPENDITURES
Current:
Development 1,272,553 - 1,272,553 Total Expenditures 1,272,553 - 1,272,553 Excess (Deficiency) of Revenues
over Expenditures (104) 140,086 140,190
OTHER FINANCING SOURCES (USES)
Transfers In - - - Transfers Out - (124,036) (124,036) Total Other Financing
Sources (Uses) - (124,036) (124,036) Net Change in Fund Balances (104) 16,050 16,154 Fund Balance, Beginning 593,573 593,573 - Fund Balance, Ending 593,469 $ 609,623 $ 16,154 $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - Housing and Comm. Devel. Special Revenue Fund Year Ended June 30, 2023
96 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental 100,000 $ - $ (100,000)$ Investment Income 5,000 162,237 157,237 Total Revenues 105,000 162,237 57,237
EXPENDITURES
Current:
General Government 13,120 - 13,120 Total Expenditures 13,120 - 13,120
Excess (Deficiency) of Revenues
over Expenditures 91,880 162,237 70,357
OTHER FINANCING SOURCES (USES)
Transfers In - - - Transfers Out (161,500) - 161,500 Total Other Financing
Sources (Uses) (161,500) - 161,500 Net Change in Fund Balances (69,620) 162,237 231,857 Fund Balance, Beginning 4,167,874 4,167,874 - Fund Balance, Ending 4,098,254 $ 4,330,111 $ 231,857 $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - AB 2766/AQMD Special Revenue Fund
Year Ended June 30, 2023
97 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Investment Income 3,130 $ 13,898 $ 10,768 $ Total Revenues 3,130 13,898 10,768
EXPENDITURES
Current:
Development 670,520 - 670,520 Total Expenditures 670,520 - 670,520 Excess (Deficiency) of Revenues
over Expenditures (667,390) 13,898 681,288
OTHER FINANCING SOURCES (USES)
Transfers In - - - Transfers Out - - - Total Other Financing
Sources (Uses) - - - Net Change in Fund Balances (667,390) 13,898 681,288 Fund Balance, Beginning 2,846,954 2,846,954 - Fund Balance, Ending 2,179,564 $ 2,860,852 $ 681,288 $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - HOME Loans Special Revenue Fund
Year Ended June 30, 2023
98 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Investment Income - $ - $ - $ Total Revenues - 0 0
EXPENDITURES
Current:
Development - - - Total Expenditures - - - Excess (Deficiency) of Revenues
over Expenditures - - -
OTHER FINANCING SOURCES (USES)
Transfers In - - - Transfers Out - - - Total Other Financing
Sources (Uses) - - - Net Change in Fund Balances - - - Fund Balance, Beginning - - - Fund Balance, Ending - $ - $ - $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - CalHOME Loans Special Revenue Fund
Year Ended June 30, 2023
99 Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental - $ 162,420$ 162,420 $ Investment Income - 1,471 1,471 Total Revenues - 163,891 163,891
EXPENDITURES
Current:
Development - - - Total Expenditures - - - Excess (Deficiency) of Revenues
over Expenditures - 163,891 163,891
OTHER FINANCING SOURCES (USES)
Transfers In - - - Transfers Out - - - Total Other Financing
Sources (Uses) - - - Net Change in Fund Balances - 163,891 163,891 Fund Balance, Beginning - - - Fund Balance, Ending - $ 163,891$ 163,891 $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - Opiod Settlement Special Revenue Fund Year Ended June 30, 2023
100
Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental 3,315,702 $ 532,359 $ (2,783,343) $ Charges for Services 4,290,000 830,688 (3,459,312) Investment Income 10,000 13,245 3,245 Total Revenues 7,615,702 1,376,292 (6,239,410)
EXPENDITURES
Capital Outlay 9,450,383 799,754 8,650,629 Total Expenditures 9,450,383 799,754 8,650,629
Excess (Deficiency) of Revenues
over Expenditures (1,834,681) 576,538 2,411,219
OTHER FINANCING SOURCES (USES)
Transfers In 1,289,610 227,210 (1,062,400) Transfers Out - - - Total Other Financing
Sources (Uses) 1,289,610 227,210 (1,062,400) Net Change in Fund Balances (545,071) 803,748 1,348,819 Fund Balance, Beginning 2,306,744 2,306,744
Fund Balance, Ending 1,761,67 3$ 3,110,492$ 1,348,819$ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - Park In-lieu Capital Projects Fund
Year Ended June 30, 2023
101
Variance -
Final Actual Positive
Budget Amounts (Negative)
REVENUES
Intergovernmental 726,064 $ 42,883 $ (683,181) $ Charges for Services - - - Miscellaneous Income 70,000 - (70,000) Total Revenues 796,064 42,883 (753,181)
EXPENDITURES
Capital Outlay 672,280 277,272 395,008
Total Expenditures 672,280 277,272 395,008
Excess (Deficiency) of Revenues
over Expenditures 123,784 (234,389) (358,173)
OTHER FINANCING SOURCES (USES)
Transfers In 14,948 - (14,948) Transfers Out - - - Total Other Financing
Sources (Uses) 14,948 - (14,948) Net Change in Fund Balances 138,732 (234,389) (373,121) Fund Balance, Beginning (327,749) (327,749)
Fund Balance, Ending (189,017) $ (562,138) $ (373,121) $ City of Buena Park
Schedule of Revenues, Expenditures, and Changes in Fund Balance Budget and Actual - City Capital Projects Fund
Year Ended June 30, 2023
102
INTERNAL SERVICE FUNDS
City of Buena Park
Internal Service Funds
Year Ended June 30, 2023
INTERNAL SERVICE FUNDS
The internal service funds are used to account for goods and services provided by one City department to other City departments on a cost reimbursement basis.
Workers’ Compensation Insurance Fund
This fund accounts for all workers' compensation self-insurance activities.
Public Liability Self-Insurance Fund
This fund accounts for the cost of providing general liability insurance coverage to the various City departments. Such costs are charged to the departments at a fixed rate.
Accrued Leave Fund
This fund accounts for vacation and sick leave pay-out to retiring employees.
Equipment Maintenance and Replacement Fund
This fund accounts for the costs of movable equipment used by other City departments. Such costs are based upon actual usage at a fixed rate throughout the year.
Buildings and Ground Maintenance Fund
This fund accounts for the costs of maintaining City buildings and grounds. Such costs are charged to the various departments based upon each department's estimated usag e of the buildings and surrounding grounds.
Management Information Systems Fund
This fund accounts for the costs of providing computer equipmen t and maintenance to the various City departments. Such costs are based upon the number of computer users in each department.
103
City of Buena Park
Combining Statement of Net Position
Internal Service Funds
June 30, 2023
Workers' Equipment Buildings &
Compensation Public Liability Accrued Maintenance & Grounds Insurance Self-Insurance Leave Replacement Maintenance
ASSETS
Current Assets:
Cash and Investments 2,360,674$ 1,008,249$ 10,597$ 7,707,259$ 928,709$ Interest Receivable 10,163 4,055 44 31,918 4,020 Loans Receivable - - - 18,269 - Due from Other Governments - - - 32,486 - Total Current Assets 2,370,837 1,012,304 10,641 7,789,932 932,729 Noncurrent Assets:
Capital Assets, Depreciable, Net - - - 1,695,515 32,755 Total Noncurrent Assets - - - 1,695,515 32,755 Total Assets 2,370,837 1,012,304 10,641 9,485,447 965,484
DEFERRED OUTFLOWS OF RESOURCES
Pension Related Items - - - 310,071 187,505 Total Deferred Outflows of Resources - - - 310,071 187,505
LIABILITIES
Current Liabilities:
Accounts Payable 18,973 20,244 - 32,610 272,215 Accrued Liabilities - - - 10,813 10,331 Current Portion of Long-Term Liabilities:
Employee Leave Benefits - - - 2,062 16,209 Claims Payable 350,000 150,000 - - - Total Current Liabilities 368,973 170,244 - 45,485 298,755 Noncurrent Liabilities:
Employee Leave Benefits - - - 15,914 45,193 Claims Payable 4,467,324 1,116,867 - - - Net Pension Liability
- - - 476,950 384,210 Total Noncurrent Liabilities 4,467,324 1,116,867 - 492,864 429,403 Total Liabilities 4,836,297 1,287,111 - 538,349 728,158
DEFERRED INFLOWS OF RESOURCES
Pension Related Items - - - - - Total Deferred Inflows of Resources - - - - -
NET POSITION
Net Investment in Capital Assets - - - 1,695,515 32,755 Unrestricted (2,465,460) (274,807) 10,641 7,561,654 392,076 Total Net Position (2,465,460)$ (274,807)$ 10,641$ 9,257,169$ 424,831$ 104
Management
Information
Systems Totals
1,618,932$ 13,634,420 $
6,708 56,908
- 18,269
- 32,486
1,625,640 13,742,083
118,580 1,846,850
118,580 1,846,850
1,744,220 15,588,933
139,789 637,365
139,789 637,365
137,837 481,879
3,635 24,779
- 18,271
- 500,000
141,472 1,024,929
- 61,107
- 5,584,191
119,236 980,396
119,236 6,625,694
260,708 7,650,623
- -
- -
118,580 1,846,850
1,504,721 6,728,825
1,623,301$ 8,575,675$
105
City of Buena Park
Combining Statement of Revenues, Expenses, and Changes in Net Position Internal Service Funds
Year Ended June 30, 2023
Workers' Equipment Buildings &
Compensation Public Liability Accrued Maintenance & Grounds Insurance Self-Insurance Leave Replacement Maintenance
OPERATING REVENUES
Charges for Services 1,346,580$ -$ 249,852$ 2,807,616$ 2,651,246$ Total Operating Revenues 1,346,580 - 249,852 2,807,616 2,651,246
OPERATING EXPENSES
Self-Insurance 474,196 1,559,263 - - - Employee Benefits - - 369,667 - - Maintenance and Supplies - - - 1,777,037 2,795,823 Information Systems - - - - - Depreciation - - - 569,715 3,065 Total Operating Expenses 474,196 1,559,263 369,667 2,346,752 2,798,888 Operating Income (Loss) 872,384 (1,559,263) (119,815) 460,864 (147,642)
NONOPERATING REVENUES (EXPENSES)
Interest Income 29,384 16,202 3,728 52,556 7,945 Gain/(Loss) on Disposal of Capital Assets - - - 26,459 - Total Nonoperating Revenues (Expenses) 29,384 16,202 3,728 79,015 7,945 Income (Loss) Before Operating Transfers 901,768 (1,543,061) (116,087) 539,879 (139,697) Transfers In - 1,145,000 - 124,036 - Transfers Out (126,200) - - - (56,161) Change in Net Position 775,568 (398,061) (116,087) 663,915 (195,858) Net Position - Beginning of Year
(3,241,028) 123,254 126,728 8,593,254 620,689 Net Position - End of Year (2,465,460)$ (274,807)$ 10,641$ 9,257,169$ 424,831$ 106
Management
Information
Systems Totals
667,464$ 7,722,758$
667,464 7,722,758
- 2,033,459
- 369,667
- 4,572,860
681,871 681,871
44,429 617,209
726,300 8,275,066
(58,836) (552,308)
13,328 123,143
- 26,459
13,328 149,602
(45,508) (402,706)
- 1,269,036
- (182,361)
(45,508) 683,969
1,668,809 7,891,706
1,623,301$ 8,575,675$
107
City of Buena Park
Combining Statement of Cash Flows
Internal Service Funds
Year Ended June 30, 2023
Workers' Equipment Buildings &
Compensation Public Liability Accrued Maintenance & Grounds Insurance Self-Insurance Leave Replacement Maintenance
CASH FLOWS FROM OPERATING ACTIVITIES
Cash Received from User Departments 1,346,580$ - $ 249,852$ 2,775,130 $ 2,651,246 $ Cash Paid to Suppliers for Goods and Services (1,529,936) (1,725,368) - (1,222,114) (2,186,421) Cash Paid to Employees for Services - - (369,667) (533,331) (444,801) Net Cash from Operating Activities (183,356) (1,725,368) (119,815) 1,019,685 20,024
CASH FLOWS FROM NONCAPITAL AND
RELATED FINANCING ACTIVITIES
Cash Paid (to) from Other Funds (126,200) 1,145,000 - 124,036 (56,161) Cash Paid (to) from Employee Loans - - - (4,441) - Net Cash from Noncapital and
Related Financing Activities (126,200) 1,145,000 - 119,595 (56,161)
CASH FLOWS FROM CAPITAL AND
RELATED FINANCING ACTIVITIES
Cash Received from Sale of Capital Assets - - - 31,850 - Acquisition and Construction of Capital Assets - - - (379,447) (15,304) Net Cash from Capital and
Related Financing Activities - - - (347,597) (15,304)
CASH FLOWS FROM INVESTING ACTIVITIES
Interest Received 23,029 12,733 3,856 29,983 5,270 Net Cash from Investing Activities 23,029 12,733 3,856 29,983 5,270 Net Increase (Decrease) in Cash and Cash Equivalents (286,527) (567,635) (115,959) 821,666 (46,171) Cash and Cash Equivalents, Beginning of the Year 2,647,201 1,575,884 126,556 6,885,593 974,880 Cash and Cash Equivalents, End of the Year 2,360,674$ 1,008,249$ 10,597$ 7,707,259$ 928,709$ Reconciliation of Operating Income (Loss) to
Net Cash from Operating Activities:
Operating Income (Loss) 872,384$ (1,559,263)$ (119,815)$ 460,864$ (147,642)$ Adjustments to Reconcile Operating Income (Loss) to
Net Cash Provided (Used) by Operating Activities:
Depreciation - - - 569,715 3,065 Changes in Operating Assets and Liabilities:
(Increase) Decrease in Accounts Receivable - - - (32,486) - (Increase) Decrease in Deferred Outflows - Pensions - - - 599,138 482,639 Increase (Decrease) in Accounts Payable 18,909 (94,308) - (85,706) 86,782 Increase (Decrease) in Accrued Liabilities - - - (2,774) (4,872) Increase (Decrease) in Employee Leave Benefits - - - 8,604 951 Increase (Decrease) in Net Pension Liability - - - (189,566) (152,705) Increase (Decrease) in Deferred Inflows - Pensions - - - (308,104) (248,194) Increase (Decrease) in Claims Payable (1,074,649) (71,797) - - - Net Cash from Operating Activities (183,356)$ (1,725,368) $ (119,815) $ 1,019,685 $ 20,024 $ 108
Management
Information
Systems Totals
667,464$ 7,690,272 $
(495,819) (7,159,658)
(73,682) (1,421,481)
97,963 (890,867)
- 1,086,675
- (4,441)
- 1,082,234
- 31,850
(25,032) (419,783)
(25,032) (387,933)
8,709 83,580
8,709 83,580
81,640 (112,986)
1,537,292 13,747,406
1,618,932$ 13,634,420 $
(58,836)$ (552,308) $
44,429 617,209
- (32,486)
149,785 1,231,562
88,983 14,660
(1,981) (9,627)
- 9,555
(47,391) (389,662)
(77,026) (633,324)
- (1,146,446)
97,963$ (890,867) $
109
CUSTODIAL FUNDS
City of Buena Park
Custodial Funds
Year Ended June 30, 2023
CUSTODIAL FUNDS
Custodial Funds are used to account for assets held by a government in a trustee capacity or as an agent for individuals, private organizations, other governments, and/or other funds.
CFD Mall Fund
This fund accounts for assets and liabilities related to the Community Facilities District Buena Park Mall.
Buena Park Tourism Marketing District Fund
This fund accounts for assets and liabilities related to the Buena Park Tourism Marketing District.
110
City of Buena Park
Combining Statement of Fiduciary Net Position
Custodial Funds
June 30, 2023
Buena Park
Buena Park Tourism
CFD Mall Marketing District Total
ASSETS
Cash and Investments -$ 583,233$ 583,233 $ Accounts Receivable - 116,822 116,822 Restricted Cash and Investments 5,479,565 - 5,479,565 Total Assets 5,479,565 700,055 6,179,620
LIABILITIES
Accounts Payable - 103,231 103,231 Total Liabilities - 103,231 103,231
NET POSITION
Restricted for:
Organizations and Individuals 5,479,565 596,824 6,076,389 Total Net Position 5,479,565$ 596,824 $ 6,076,389 $ 111
City of Buena Park
Combining Statement of Changes in Fiduciary Net Position Custodial Funds
Year Ended June 30, 2023
Buena Park
Buena Park Tourism
CFD Mall Marketing District Total
ADDITIONS
Contributions:
Taxes and assessments collected for others -$ 1,215,040$ 1,215,040$ Total Additions - 1,215,040 1,215,040
DEDUCTIONS
General and Administrative 256,198 1,563,937 1,820,135 Contractual Obligations - 46,305 46,305
Total Deductions 256,198 1,610,242 1,866,440
Net Increase (decrease) in fiduciary net position (256,198) (395,202) (651,400) Net Position, beginning of the year 5,735,763 992,026 6,727,789 Net Position, end of the year 5,479,565$ 596,824 $ 6,076,389 $ 112
STATISTICAL SECTION
City of Buena Park
Description of Statistical Section Contents
June 30, 2023
This part of the City of Buena Park's Annual Comprehensive financial report presents detailed information as a context for understanding what the information in the financi al statements, note disclosures, and required supplementary information say about the government's overall financial health.
Contents: Pages
Financial Trends these schedules contain trend information to h elp the reader understand how the City's financial performance and well-being have changed over time
114
Revenue Capacity these schedules contain information to help the reader assess the City's most significant local revenue source, the property tax
124
Debt Capacity these schedules present information to help the reader assess the affordability of the City's current levels of outstanding debt and the City's ability to issue additional debt in the future
129
Demographic and Economic Information these schedules offer demographic and economic indicators to help the reader understand the environment within which the City's financial activities take place
133
Operating Information these schedules contain service and infrastructure data to help the reader understand how the information in the City's fi nancial report relates to the services the City provides and the activities it performs
135
113
2013-14 2014-15 2015-16 2016-17
Governmental Activities
Net investment in capital assets 218,671 $ 216,987 $ 219,881 $ 224,573 $ Restricted 45,392 45,733 45,437 55,406 Unrestricted 56,334 (12,168) (1) (24,072) (29,221) Total governmental activities net position 320,397 $ 250,552 $ 241,246 $ 250,758 $ Business-type Activities
Net investment in capital assets 20,612 $ 20,530 $ 22,665 $ 25,041 $ Restricted - - - -
Unrestricted 23,691 20,007 20,109 19,139 Total business-type activities net position 44,303$ 40,537$ 42,774$ 44,180$ Primary Government
Net investment in capital assets 239,283$ 237,517$ 242,546$ 249,614$ Restricted 45,392 45,733 45,437 55,406 Unrestricted 80,025 7,839 (3,963) (10,082) Total primary government net position 364,700$ 291,089$ 284,020$ 294,938$ Source: City of Buena Park Finance Department
(1) The City implemented Governmental Accounting Standards Board (GASB) Statement No. 68 Accounting and Financial Reporting for Pension, and Statement No. 71 Pension Transition for Contributions Made Subsequent to the Measurement Date, for the fiscal year ended June 30, 2015. Implementation of these Statements required the City to restate prior period net position.
City of Buena Park
Net Position by Component
Last Ten Fiscal Years
(accrual basis of accounting)
(amounts expressed in thousands)
Fiscal Year
114
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
244,051$ 233,088 $ 242,220 $ 243,360 $ 241,497 $ 239,675 $ 41,631 43,242 45,510 47,492 45,961 49,291 (58,567) (45,319) (53,066) (44,361) (28,554) (37,847) 227,115$ 231,011 $ 234,664 $ 246,491 $ 258,904 $ 251,119 $ 33,550$ 32,082 $ 31,917 $ 30,254 $ 29,895 $ 31,043 $ - - - - - -
12,065 16,259 19,380 23,664 25,620 25,492 45,615$ 48,341$ 51,297$ 53,918$ 55,515$ 56,535$ 277,601$ 265,170$ 274,137$ 273,614$ 271,392$ 270,718$ 41,631 43,242 45,510 47,492 45,961 49,291 (46,502) (29,060) (33,686) (20,697) (2,934) (12,355) 272,730$ 279,352$ 285,961$ 300,409$ 314,419$ 307,654$ Fiscal Year
115
2013-14 2014-15 2015-16 2016-17
Expenses
Governmental activities:
General government 6,491 $ 7,125 $ 8,098 $ 7,659 $ Leisure 3,048 3,071 3,570 3,459 Health 3,018 3,000 3,155 3,025 Transportation 8,696 9,875 8,380 9,245 Public Protection 30,563 31,841 35,851 39,109 Development 2,763 12,700 5,055 3,695 Environmental 2,979 2,987 3,167 3,266 Interest 416 347 275 269
Total governmental activities net expenses 57,974 70,946 67,551 69,727 Business-type activities:
Water 13,611 13,908 12,753 14,594 Total business-type activities net expenses 13,611 13,908 12,753 14,594 Total primary government expenses 71,585$ 84,854$ 80,304$ 84,321$ Program Revenues
Governmental activities:
Charges for services:
General government 132$ 198$ 207$ 226$ Leisure 824 774 893 857 Health 3,118 3,130 3,227 3,222 Transportation 226 213 227 260
Public Protection 3,649 2,642 3,315 8,368 Development 1,839 3,299 5,099 3,917 Environmental 183 209 227 253
Operating contributions and grants 6,506 6,1 22 5,521 6,664
Capital contributions and grants 3,492 2,134 2,485 2,832 Total governmental activities program revenues 19,969 18,721 21,201 26,599 Business-type activities:
Charges for services:
Water utility 16,462 15,270 14,124 16,010 Operating contributions and grants - - - 124
Capital contributions and grants - - - -
Total business-type activities program revenues 16,462 15,270 14,124 16,134 Primary government program revenues 36,431$ 33,991$ 35,325$ 42,733$ Net (Expense)/Revenue
Governmental activities (38,005)$ (52,225)$ (46,350)$ (43,128)$ Business-type activities 2,851 1,362 1,371 1,540 Total primary government net expense (35,154)$ (50,863)$ (44,979)$ (41,588)$ Source: City of Buena Park Finance Department
City of Buena Park
Changes in Net Position
Last Ten Fiscal Years
(accrual basis of accounting)
(amounts expressed in thousands)
Fiscal Year
116
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
8,803$ 8,548$ 9,147$ 9,333$ 10,385$ 11,457$ 4,033 3,995 4,112 3,675 4,112 4,593 3,244 3,176 3,410 5,951 6,525 6,456 10,571 10,538 10,838 10,044 10,738 11,554 41,084 42,093 48,323 48,547 50,719 69,641 4,353 4,488 4,295 6,732 4,134 3,720 3,740 3,503 3,688 3,529 3,782 3,894 486 407 351 345 1,231 1,706
76,314 76,748 84,164 88,156 91,626 113,021 16,788 16,522 17,546 17,586 17,336 17,963 16,788 16,522 17,546 17,586 17,336 17,963 93,102$ 93,270$ 101,710$ 105,742$ 108,962$ 130,984$ 244$ 632$ 613$ 321$ 464$ 520$ 919 884 639 1,346 4,211 1,6 29 3,294 3,356 3,563 3,560 4,119 4,423 235 49 192 95 114 127
4,336 2,958 2,881 2,121 2,414 4,169 3,619 2,902 2,127 1,962 2,439 2,995 263 263 139 35 257 267
5,231 5,540 5,483 18,007 14,170 6,588 3,268 2,854 13,391 6,738 6,600 7,164 21,409 19,438 29,028 34,185 34,788 27,882 18,060 18,807 19,854 20,475 19,918 18,896 299 - - - 22 -
- - - - - -
18,359 18,807 19,854 20,475 19,940 18,896 39,768$ 38,245$ 48,882$ 54,660$ 54,728$ 46,778$ (54,905)$ (57,310)$ (55,136)$ (53,971)$ (56,838)$ (85 ,140)$ 1,571 2,285 2,308 2,889 2,604 933 (53,334)$ (55,025)$ (52,828)$ (51,082)$ (54,234)$ (84,207)$ Fiscal Year
117
2013-14 2014-15 2015-16 2016-17
City of Buena Park
Changes in Net Position
Last Ten Fiscal Years
(accrual basis of accounting)
(amounts expressed in thousands)
Fiscal Year
General Revenues and Other Changes in Net Position
Governmental activities:
Property taxes 8,156$ 9,709$ 10,661$ 10,467$ Sales taxes 20,420 15,889 17,701 20,841 Property taxes in lieu of sales taxes 6,842 7,355 2,533 - Transient occupancy taxes 5,007 5,686 6,442 6,529 Franchise taxes 1,700 2,002 1,776 1,720 Business license taxes
1 - - - -
Utility users taxes1 - - - -
Vehicle in-lieu taxes1 - - - -
Other taxes 10,388 10,940 11,424 11,549 Investment income 609 590 1,025 10 Other 26 136 10 356
Transfers 102 76 98 139
Gain/loss on sale of property - - - -
Extraordinary item - - - -
Total governmental activities 53,250 52,383 51,670 51,611 Business-type activities:
Investment income 188 135 300 5
Other - - - -
Transfers (102) (76) (98) (139)
Total business-type activities 86 59 202 (134)
Total primary government 53,336$ 52,442$ 51,872$ 51,477$ Change in Net Position
Governmental activities 15,245$ 158$ 5,321$ 8,483$ Business-type activities 2,937 1,421 1,573 1,406 Total primary government 18,182$ 1,579$ 6,894$ 9,889$ Source: City of Buena Park Finance Department
118
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
Fiscal Year
10,870$ 11,705 $ 11,856 $ 12,016 $ 13,816 $ 14,778 $ 20,943 25,740 24,154 27,472 33,640 35,466 - - - - - -
6,591 6,605 5,313 3,704 6,572 7,481 1,871 1,809 1,875 1,846 2,001 2,328 - - 1,055 1,009 1,104 1,224 - - 2,443 2,425 3,073 3,791 - - 8,990 9,368 9,698 10,285 11,965 12,720 616 594
32 1,841 1,954 367 (1,377) 347 143 577 362 388 553 1,425 147 208 171 225 171 193
- - - - - -
(7,191) - - - - -
45,371 61,205 58,789 59,414 69,251 77,3 18 11 648 820 (44) (836) 280
- - - - - -
(147) (208) (171) (225) (171) (193) (136) 440 649 (269) (1,007) 87 45,235$ 61,645$ 59,438$ 59,145$ 68,244$ 77,405$ (9,534)$ 3,895$ 3,653$ 5,443$ 12,414$ (7,822)$ 1,435 2,725 2,957 2,620 1,597 1,020 (8,099)$ 6,620$ 6,610$ 8,063$ 14,011$ (6,802)$ 119
2013-14 2014-15 2015-16 2016-17 2017-18
General Fund
Nonspendable 5,848 $ 5,882 $ 9,305 $ 10,735$ 4,942$ Restricted 1,414 1,438 1,438 11,485 549
Assigned 4,043 5,126 5,705 7,381 6,486
Unassigned 48,428 55,697 51,697 42,771 27,201 Total general fund 59,733$ 68,143 $ 68,145 $ 72,372$ 39,178$ All Other Governmental Funds
Nonspendable -$ - $ - $ -$ -$ Restricted 27,554 43,427 43,759 43,928 41,564 Assigned 609 664 560 - 55
Unassigned (237) - (83) (8) (482) Total all other governmental fund
s 27,926$ 44,091 $ 44,236 $ 43,920$ 41,137$ Effective June 30, 2011 the City implemented GASB Statement No. 54 (refer to Notes to Financial Statements item 1-N).
Fund balances in governmental funds are reported in the following classifications: Nonspendable, Restricted, Committed, Assigned, and Unassigned.
Source: City of Buena Park Finance Department
City of Buena Park
Fund Balances - Governmental Funds
Last Ten Fiscal Years
(modified accrual basis of accounting)
(amounts expressed in thousands)
Fiscal Year
120
2018-19 2019-20 2020-21 2021-22 2022-23
8,760$ 8,724 $ 8,738$ 15,354$ 24,622$ 86 1,074 1,190 7,426 7,120
7,657 8,969 8,498 4,803 6,489
27,836 25,079 36,951 45,608 49,401
44,339$ 43,846 $ 55,377$ 73,191$ 87,632$ -$ 1 $ -$ -$ -$
43,213 44,611 46,302 47,619 48,399
- - - - -
(768) (695) (258) (463) (562) 42,445$ 43,917 $ 46,044$ 47,156$ 47,837$ Fiscal Year
121
City of Buena Park
Changes in Fund Balances - Governmental Funds
Last Ten Fiscal Years
(modified accrual basis of accounting)
(amounts expressed in thousands)
Fiscal Years
2013-14 2014-15 2015-16 2016-17 2017-18
Revenues
Taxes 46,390 $ 44,811 $ 43,400 $ 43,591$ 44,281$ Licenses and permits 496 790 903 914 791 Fines and forfeitures 736 852 812 846 891 Intergovernmental 16,257 15,401 15,553 13,934 15,883 Charges for services 7,243 7,774 9,823 8,532 8,908 Investment income 763 789 1,137 256 369 Miscellaneous 1,400 532 966 3,796 1,488 Total revenues 73,285 70,949 72,594 71,869 72,611 Expenditures
General government 5,852 6,493 7,282 7,506 7,332 Leisure 2,448 2,481 2,882 2,939 3,154 Health 2,960 2,962 3,029 3,046 3,153 Transportation 5,008 5,066 5,654 5,407 5,961 Public protection 28,754 29,642 33,337 34,515 36,999 Development 2,676 3,907 4,827 3,791 3,894 Environmental 2,920 2,945 3,046 3,247 3,524 Debt service:
Principal retirement 1,633 1,702 4,059 22,818 18,078 Interest and other charges 422
353 281 210 525
Bond issuance costs - - - 251 -
Capital Outlay 8,662 5,464 7,683 11,119 26,024 Total expenditures 61,335 61,015 72,080 94,849 108,644 Excess (deficiency) of revenues
over (under) expenditures 11,950 9,934 514 (22,980) (36,033) Other Financing Sources (Uses)
Transfers in 2,292 1,403 1,513 3,611 13,717 Transfers out (3,124) (2,262) (2,408) (4,442) (14,573) Insurance proceeds - - - 5,626 1,481
Proceeds from sale of property - - - - 2
Loss on sale of property held for resale - (8,686) - - - Proceeds from long term debt - - 526 9,785 - Proceeds from long term debt premium 507 -
Proceeds from sale of capital assets 86 - 1 - -
Total other financing sources (uses) (746) (9,545) (368) 15,087 627 Special items - - - 10,775 6,621
Extraordinary item - - - - (7,192)
Net change in fund balances 11,204 389 148 2,882 (35,977) Fund balances - July 1, restated 76,456
104,145 112,234 113,410 116,292
Fund balances - June 30 87,660$ 104,534$ 112,382 $ 116,292$ 80,315$ Debt service as a percentage of noncapital expenditures 3.87% 3.61% 6.82% 27.33% 22.44% Source: City of Buena Park Finance Department
122
Fiscal Years
2018-19 2019-20 2020-21 2021-22 2022-23
50,005 $ 47,312 $ 58,433 $ 69,904 $ 75,353 $ 517 538 673 942 1,335 929 859 546 313 2,395 17,147 26,746 24,555 19,054 13,113 8,285 7,666 8,011 12,547 10,295 1,837 1,884 1,067 (1,425) 1,323 2,017 1,663 389 554 1,485 80,737 86,668 93,674 101,889 105,299 7,212 7,589 6,854 7,876 8,021 3,184 3,137 2,959 3,368 4,179 3,161 3,314 5,951 6,525 7,108 5,355 5,637 5,963 6,498 6,278 38,238 40,689 42,231 44,278 47,644 4,125 3,885 4,343 3,350 4,005 3,343 3,489 3,529 3,782 4,257 2,107 480 490 400 425
439 384 368 352 332 - - - - -
7,060 15,851 6,506 6,202 7,034 74,224 84,455 79,194 82,631 89,284 6,513 2,213 14,480 19,258 16,015 3,417 2,785 1,174 4,204 2,377 (4,342) (4,021) (1,994) (5,046) (3,270) 495 - - - -
386 2 - - -
- - - - -
- - - 92,303 -
- - - - -
(44) (1,234) (820) 91,461 (893) - - - (91,794) -
- - - - -
6,469 979 13,660 18,925 15,122
80,315 86,784 87,763 101,422 120,347 86,784 $ 87,763 $ 101,422 $ 120,347$ 135,469 $
3.74% 1.25% 1.15% 0.96% 0.89%
123
Property Tax Transient Business Utility Vehicle
Fiscal Property Sales and in Lieu of Occupancy Franchise License Users In-Lieu Other Year Tax Use Tax Sales Tax Tax Tax Tax1 Tax1 Tax1 Taxes 2013-14 8,156 20,420 6,842 5,007 1,700 - - - 10,388 2014-15 9,709 15,889 7,355 5,686 2,002 - - - 10,940 2015-16 10,661 17,701 2,533 6,442 1,776 - - - 11,424 2016-17 10,467 20,841 - 6,529 1,720 - - - 11,549 2017-18 10,870 20,943 - 6,591 1,871 - - - 11,965 2018-19 11,705 25,740 - 6,605 1,809 - - - 12,720 2019-20 11,856 24,154 - 5,313 1,875 1,055 2,443 8,990 616 2020-21 12,016 27,472 - 3,704 1,846 1,009 2,425 9,368 594 2021-22 13,816 33,640 - 6,572 2,001 1,104 3,073 9,698 - 2022-23 14,778 35,466 - 7,481 2,328 1,224 3,791 10,285 - Source: City of Buena Park Finance Department
City of Buena Park
Gov
ernmental Activities Tax Revenues By Source
Last Ten Fiscal Years
(accrual basis of accounting)
(amounts expressed in thousands)
124
Overlapping Rates
City Metro
Fiscal Direct Buena Park Water
Year Rate Schools District
2013-14 1.0000 0.2679 0.0035
2014-15 1.0000 0.2585 0.0035
2015-16 1.0000 0.2771 0.0035
2016-17 1.0000 0.3152 0.0035
2017-18 1.0000 0.3279 0.0035
2018-19 1.0000 0.3417 0.0035
2019-20 1.0000 0.3527 0.0035
2020-21 1.0000 0.3733 0.0035
2021-22 1.0000 0.3756 0.0035
2022-23 1.0000 0.3154 0.0035
Source: Orange County Auditor/Controller
City of Buena Park
Direct and Overlapping Property Tax Rates
Last Ten Fiscal Years
(rate per $1,000 of assessed value)
125
2022-23 2013-14
Percentage Percentage
of Total City of Total City
Taxable Taxable Taxable Taxable
Assessed Assessed Assessed Assessed
Taxpayer Value Rank Value Value Rank Value
Knott's Berry Farm 380,699,209$ 1 27.91% 295,405,062$ 1 31.70% The Source at Beach, LLC. 182,554,679 2 13.38%
Comref So California Industiral Sub 164,521,923 3 12.06% 141,274,725 2 15.16% Centerpoint Properties Trust 142,767,921 4 10.47% PRI Buena Park Indl California LLC 113,535,832 5 8.32% 88,472,065 4 9.49% Alticor Inc 110,871,186 6 8.13% 104,825,550 3 11.25% Newkoa LLC 86,893,719 7 6.37%
6300 Regio LLC 70,582,450 8 5.17%
Bottling Group LLC 55,992,869 9 4.10% 50,235,805 6 5.39% Coventry II DDR Buena Park Place LLC 55,675,634 10 4.08% 82,639,590 5 8.87% PP Tango California, LLC.
Georgia-Pacific Corporation 45,254,014 9 4.86%
J.C. Penney Properties Inc 46,416,658 8 4.98%
Metropolitan Life Insurance Co 47,381,256 7 5.08% HK Fullerton LLC 29,961,278 10 3.22%
1,364,095,422$ 100.00% 931,866,003$ 100.00%
Source: HdL Companies
Excludes government and tax-exempt property owners
City of Buena Park
Principal Property Tax Payers
Current Year and Nine Years Ago
126
Fisca
l year Total Collected within the
ended Tax fiscal year of the levy Collections in Total collections to date June 30 Levy Amount % of Levy Subsequent Years Amount % of Levy 2013-14 6,445,329 6,291,083 97.61% 50,680 6,341,763 98.39% 2014-15 6,615,614 6,444,393 97.41% 46,784 6, 491,177 98.12% 2015-16 6,807,398 6,672,282 98.02% 45,115 6,672,282 98.02% 2016-17 6,952,697 6,838,928 98.36% 39,816 6,878,744 98.94% 2017-18 6,930,627 6,820,731 98.41% 39,448 6,860,179 98.98% 2018-19 7,184,347 7,058,654 98.25% 42,790 7,101,444 98.85% 2019-20 7,698,620 7,231,343 93.93% 56,847 7,288,190 94.67% 2020-21 7,574,088 7,459,984 98.49% 53,141 7,513,125 99.20% 2021-22 7,766,639 7,640,305 98.37% 187,223 7,640,305 98.37% 2022-23 8,117,989 7,988,195 98.40% (2) 7,988,195 98.40% (1) Property tax totals are net of 1915 act bond
(2) Information not available
Source: Orange County Auditor/Controller
City of Buena Park
Secured Property Tax Levies and Collections (1)
Last Ten Fiscal Years
127
Total
Total Taxable Direct
Fiscal Residential Commercial Industrial Other* Tax-Exempt Assessed T ax Year Property Property Property Property Property Value Rate 2013-14 5,042,078 1,432,849 1,112,097 451,647 236,998 8,275,669 1.00 2014-15 5,415,224 1,456,247 1,122,370 474,918 226,042 8,694,801 1.00 2015-16 5,734,199 1,590,478 1,165,617 468,840 191,295 9,150,429 1.00 2016-17 6,003,197 1,740,740 1,182,750 489,028 203,841 9,619,556 1.00 2017-18 6,397,835 1,854,790 1,254,693 456,876 178,067 10,142,261 1.00 2018-19 6,783,616 2,080,416 1,338,189 536,919 178,729 10,917,869 1.00 2019-20 7,164,440 2,161,967 1,400,389 515,061 185,290 11,427,147 1.00 2020-21 7,499,298 2,240,680 1,463,376 507,178 191,885 11,902,417 1.00 2021-22 7,771,409 2,291,331 1,488,449 496,456 194,323 12,241,968 1.00 2022-23 8,292,285 2,356,165 1,559,184 632,113 198,206 13,037,953 1.00 *Other property includes recreational, institutional, vacant, and miscellaneous property.
Note: In 1978 the voters of the State of California passed Proposition 13 which limited property taxes to a total maximum rate of 1% based upon the assessed value of the property being taxed. Each year, the assessed value of property may be increased by an "inflation factor" (limited to a maximum increase of 2%). With few exceptions, property is only reassessed at the time that it is sold to a new owner. At that point, the new assessed value is reassessed at the purchase price of the property sold. The assessed valuation data shown above represents the only data currently available with respect to the actual market value of taxable property and is subject to the limitations described above.
Source: Orange County Assessor, HdL Coren & Cone
City of Buena Park
Assessed Value and Actual Value of Taxable Property
Last Ten Fiscal Years
(rate per $1,000 of assessed value)
128
Pension Pension Total Restricted Net % of
Fiscal Revenue Obligation Notes Obligation Notes Primary for Bonded P ersonal Per Year Bonds Bonds Payable Bonds Payable Government Debt Service Debt Income (1) Capita (1) 2013-14 - - 9,255 - 25 9,280 - - 0.49% 113 2014-15 - - 7,552 - 15 7,567 - - 0.39% 90 2015-16 - - 5,780 - 5 5,785 - - 0.29% 69 2016-17 10,288 - 4,351 - - 14,639 - 10,288 0.51% 123 2017-18 10,262 - 2,318 - 4,985 17,565 - 10,262 0.49% 122 2018-19 10,237 - 210 - 4,736 15,183 - 10,237 0.48% 123 2019-20 9,837 - 105 - 4,486 14,428 - 9,837 0.42% 120 2020-21 9,426 - - - 5,196 14,622 - 9,426 0.39% 115 2021-22 9,001 92,303 - 4,082 4,890 110,276 - 105,386 4.15% 1,263 2022-23 8,551 87,366 - 3,864 4,585 104,366 - 99,781 3.61% 1,195 Note: Details regarding the outstanding debt can be found in the notes to the financial statements. (1) See the Schedule of Demographic and Economic Statistics for personal income and population data.
Source: City of Buena Park Finance Department
Governmental Activities Business-Type Activities
City of Buena Park
Ratios of Outstanding Debt by Type
Last Ten Fiscal Years
(amounts expressed in thousands, except per capita amounts) 129
Estimated
Estimated Share of
Debt Percentage Overlapping
Governmental Unit Outstanding Applicable (1) Debt
City of Buena Park direct debt
2017 Lease Revenue Bonds 8,200 $ 100.00% 8,200 $ Original Issuance Premium 351 100.00% 351 2021 Pension Obligation Bonds 87,366 100.00% 87,366 Total Direct Debt 95,917
Overlapping debt
Metropolitan Water District 19,215 0.34% 66
Orange County and School District 1,213,559 14.56% 176,655 Total Overlapping Debt 176,721
Total direct and overlapping debt 272,638$
Source: Orange County Assessor, HdL Coren & Cone
Note: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the City. This schedule estimates the portion of outstanding debt of those overlapping governments that is borne by the residents and businesses of the City of Buena Park. This process recognizes that, when considering the government's ability to issue and repay long-term debt, the entire debt burden borne by the residents and businesses should be taken into account. However, this does not imply that every taxpayer is a resident, and therefore responsible for repaying the debt, of each overlapping government. (1) The percentage of overlapping debt applicable is estimated using taxable assessed property values.
Applicable percentages were estimated by determining the portion of the county's taxable assessed value that is within the government's boundaries and dividing it by the county's total taxable assessed value.
City of Buena Park
Direct and Overlapping Governmental Activities Debt
As of June 30, 2023
(amounts expressed in thousands)
130
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131
Fiscal Year
2014 2015 2016 2017 2018
Debt limit 1,205,801$ 1,270,314$ 1,343,870$ 1,412,357$ 1,494,629$ Total net debt applicable to limit - - - - -
Legal debt margin 1,205,801$ 1,270,314$ 1,343,870$ 1,412,357$ 1,494,629$ Total net debt applicable to the limit
as a percentage of debt limit 0% 0% 0% 0% 0%
Legal Debt Margin Calculation for Fiscal Year 2022-23
Assessed value 12,578,086$
Add back: exempt real property 261,660$
Total assessed value 12,839,746$
Debt limit (15% of total assessed value) 1,925,962$
Debt applicable to limit: -
Legal debt margin 1,925,962$
Note: Under state finance law, the City of Buena Park's outstanding general obligation debt should not exceed 15 percent of total assessed property value. By law, the general obligation debt subject to the limitation may be offset by amounts set aside for repaying general obligation bonds.
Source: Orange County Assessor, HdL Coren & Cone
City of Buena Park
Legal Debt Margin Information
Last Ten Fiscal Years
(amounts expressed in thousands)
132
2019 2020 2021 2022 2023
1,610,871$ 1,686,278$ 1,756,580$ 1,807,147$ 1,925,962$ - - - - -
1,610,871$ 1,686,278$ 1,756,580$ 1,807,147$ 1,925,962$ 0% 0% 0% 0% 0%
133
Per
Personal Capita
F
iscal Income Personal Unemployment
Year Population (in thousands) Income Rate
2013-14 82,344 1,887,654 22,924 6.3% 2014-15 82,330 1,925,699 23,390 4.7% 2015-16 83,347 2,015,754 24,185 3.8% 2016-17 83,884 2,033,040 24,236 3.4% 2017-18 83,995 2,088,787 24,867 2.9% 2018-19 83,384 2,119,346 25,416 3.2% 2019-20 81,998 2,336,383 28,493 3.1% 2020-21 81,626 2,441,203 29,907 10.8% 2021-22 83,430 2,542,031 30,469 7.1% 2022-23 83,517 2,763,229 33,085 3.5% Source: HdL, Coren & Cone
City of Buena Park
Demographic and Economic Statistics
Last Ten Fiscal Years
134
2022-23 2013-14
% of Total % of Total
City City
Employer Employees Rank Employment* Employees Rank Employment Knott's Berry Farm 4,069 1 10.65% 5,071 1 12.74% Amazon.com Services LLC 736 2 1.93%
Pepsi 477 3 1.25% 477 6 1.20%
RIA Financial/AFEX Money Express 413 4 1.08%
Porto's Bakery 396 5 1.04%
Access Business Group LLC 389 6 1.02% 479 5 1.20% Yamaha Corporation of America 350 7 0.92% 350 8 0.88% City of Buena Park 280 8 0.73% 274 9 0.69%
99 Ranch (Tawa Services, Inc.) 275 9 0.72%
Wal-Mart Store #5032 232 10 0.61% 269 10 0.68% Leach Corporation 483 4 1.21%
Prologis California I LLC 800 2 2.01%
J.C. Penney 526 3 1.32%
ADP 358 7 0.90%
Total 7,617 20.42% 9,087 22.95%
* Based upon U.S. Department of Labor's estimate of 38,200 residents employed in 2022-23 and 39,800 employed in 2013-14.
Sources: City of Buena Park Finance Department, State of California Employment Development Department City of Buena Park
Principal Employers
Current Year and Nine Years Ago
135
Function 2013-14 2014-15 2015-16 2016-17
General Government 34 43 43 40.5
Public Safety 138 126 126 127
Public Works 40 41 41 37
Community Services 19 25 25 21.5
Community Development 16 16 16 16
Water 27 27 27 28
Total 274 278 278 270
Source: City of Buena Park Budget
Note: Public Works and Community Services underwent a reorganization in fiscal year 2019-20 that re City of Buena Park
Full-Time Equivalent City Employees by Function
Last Ten Fiscal Years
136
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
40.5 40 40 39 35 35
131 135 135 136 136 136
37 47 50 49 50 50
22.5 14 14 14 13 14
16 16 16 16 20 20
28 28 26 27 26 26
275 280 281 281 280 281
esulted in a variance in staffing levels compared to prior fiscal years. 137
Function: 2013-14 2014-15 2015-16 2016-17 2017-18
Police
Calls dispatched 43,650 43,051 56,163 66,096 76,955 Crime reports 9,883 9,540 9,831 9,874 10,283
Moving citations 5,572 8,973 8,803 7,124 9,096
Parking citations 14,560 16,221 14,589 18,566 16,617 Streets and Highways
Asphalt repair (in tons) 269 270 283 211 97
Curb & gutter repair (lineal ft.) 1,022 1,000 422 417 726 Sidewalk repair (lineal ft.) 1,324 1,300 3,893 2,143 1,679 Water
Number of customer accounts 19,300 19,300 19,481 19,391 19,520 Average daily consumption 13.6 10.9 10.6 11.1 12.1
(millions of gallons)
Water samples taken (annual) 1,200 1,200 1,200 3,000 3,000 Sewers
Feet of sewer mains root cut/
chemically treated 29,274 29,000 52,630 52,630 52,630 Maintenance
Graffiti removals 9,240 7,172 8,160 8,708 5,439
Streetsweeping miles 23,000 23,000 2,300 23,350 23,350 Trees pruned per year 5,344 5,300 5,400 1,150 1,754 Culture and Recreation
Youth sports 900 1,300 1,302 1,203 1,223
Aquatics 25,749 23,617 25,751 26,885 25,821
Picnic rentals 17,000 20,000
18,700 13,141 15,440
Leisure classes 5,095 3,752 3,655 3,709 3,969
Senior Center participants 110,410 116,112 122,216 132,410 132,504 Source: City of Buena Park
City of Buena Park
Capital Asset Statistics by Function
Last Ten Fiscal Years
138
2018-19 2019-20 2020-21 2021-22 2022-23
62,111 69,554 62,960 66,061 63,952
9,639 8,568 8,915 6,883 7,187
8,395 6,156 7,142 4,072 3,546
18,378 18,014 17,799 17,517 12,902
184 188 215 147 160
579 734 1,008 609 257
2,389 1,295 1,805 1,974 1,637
19,573 19,478 19,547 19,565 19,565
11.6 11.5 10.6 10.6 10.6
3,000 3,000 3,000 3,000 3,000
52,630 52,630 52,630 52,630 52,630
2,234 3,097 3,475 4,608 6,259
23,350 23,350 23,350 23,350 23,350
1,078 1,078 1,272 1,272 1,026
1,109 370 397 1,070 1,274
21,228 1,863 2,015 1,526 1,546
18,400 12,160 9,920 23,760 25,840
3,762 2,449
1,116 2,211 2,622
135,048 118,426 59,213 115,321 121,816
139
Function: 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 Public Safety
Police stations 1 1 1 1 1 1
Number of patrol units 30 30 32 30 34 36
Highways and streets
Miles of streets 147.6 147.6 147.6 191.3 191.3 191.3 Traffic Signals 70 70 73 83 85 85
Water
Number of active water wells 8 8 8 8 8 8
Number of reservoirs 1 1 1 1 1 1
Miles of lines & mains 220 220 220 220 220 220 Sewer
Miles of sanitary sewers 168 168 168 168 168 168 Miles of flood control channel 21 21 21 21 21 21
Culture and Recreation
Number of parks 11 11 11 11 11 11
Number of community facilities 3 3 3 3 3 3
Source: City of Buena Park
City of Buena Park
Capital Asset Statistics by Function
Last Ten Fiscal Years
140
2019-20 2020-21 2021-22 2022-23
1 1 1 1
36 36 33 35
191.3 191.3 191.3 191.3
85 85 85 84
8 8 8 8
1 1 1 1
220 220 220 220
168 168 168 168
21 21 21 21
11 11 12 12
3 3 3 3
141
City of Buena Park
City Council Regular Meeting Agenda Report
APPROVE CITY COUNCIL PROTOCOLS GUIDE UPDATE SECTION 6.2.2 PLACING ITEMS ON THE AGENDA Meeting
Tuesday, February 13, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4H
Presented By
Adria Jimenez, MMC, Director of Government and Community Relations/City Clerk
Prepared By
Adria Jimenez, City Clerk
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Approve an update to "Section 6.2.2 Placing Items on the Agenda," to the City Council's Protocol Guide.
PREVIOUS CITY COUNCIL ACTION
The City Council received an update regarding the Master Schedule on January 9, 2024, and discussed and supported the change in protocol for placing items on the agenda.
DISCUSSION
On January 9, 2024, the City Council adopted Resolution No. 14791 adopting six key focus areas as their Goals and Objectives for Calendar Years 2024-2026. At that same meeting, the City Council also discussed the status of City Council- agendized items pending on the Master Schedule. The City Council reviewed each item to determine if the item aligned with the adopted goals and objectives. After the pending items were reviewed, the City Council also discussed revising a portion of the City Council's Protocol Guide, Section 6.2.2 Placing Items on the Agenda. The below revision was supported by the City Council. Staff was directed to bring the item back for formal adoption. "Individual Council Members may have up to five requests for future agenda items pending on the Master Schedule at any one time without the need for a second or majority vote. Should a Council Member wish to propose additional items beyond this limit, the Council Member must secure a second to add it to the Master Schedule. Council Members shall provide a brief explanation and description of calendared items, and include sufficient detail for the City Council to understand the general nature and purpose of the requested item and any relationship to one of the City Council's current Goals and Priorities. The City Manager determines which items are placed on each meeting agenda and the timing for scheduling such items. Council Members may also request the scheduling of adjourned or special meetings during the calendaring portion of the meeting by majority vote." Attached is the updated draft section of the City Council's Protocol Guide Section 6.2.2 for City Council approval.
Attachments
Section 6.2.2 Protocols Guide Draft.pdf
BUDGET IMPACT
There is no budget impact with this item.
6 | P a g e
6. MEETING GUIDELINES & PROCEDURES
6.1 Meeting Dates
6.1.1 Regular Meetings
Pursuant to the Buena Park Municipal Code, regular meeting dates are established by Council resolution. The regular meeting dates are the second and fourth Tuesdays of each month commencing at 5 p.m.
6.1.2 Adjourned/Special/Emergency Meetings
The Brown Act sets forth specific requirements for holding adjourned, special, and emergency meetings.
The City Council generally holds a special meeting prior to the regular meeting commencing at 3:30 p.m.
6.2 Agenda
6.2.1 Agenda Preparation
The City Manager reviews and approves all items for the Council agenda. Agenda packets are compiled and distributed through the City Clerk’s office. Agendas are available at 5 p.m. on the Thursday before the Council meeting. (Amended 07/23/19)
6.2.2 Placing Items on the Agenda
Individual Council Members may have up to five requests for future agenda items pending on the Master Schedule at any one time without the need for a second or majority vote. Should a Council Member wish to propose additional items beyond this limit, the Council Member must secure a second to add it to the Master Schedule. Council Members shall provide a brief explanation and description of calendared items and include sufficient detail for the City Council to understand the general nature and purpose of the requested item and any relationship to one of the City Council's current Goals and Priorities. The City Manager determines which items are placed on each meeting agenda and the timing for scheduling such items. Council Members may also request the scheduling of adjourned or special meetings during the calendaring portion of the meeting by majority vote. (revised 02/13/2024)
6.2.3 Order of Agenda Items
The order of business for meetings of the City Council is established by resolution.
6.2.4 Presentations
Special presentations shall be scheduled as necessary in recognition of persons or groups, or for the promotion of an event or service. Requests City of Buena Park
City Council Regular Meeting Agenda Report
WATER BILL INSERT PROMOTING BREATHE FREE BUENA PARK
Meeting
Tuesday, February 13, 2024, 5:00 PM
Agenda Group
CONSENT CALENDAR Item: 4I
Presented By
Jessica Fewer, Senior Management Analyst
Prepared By
Jessica Fewer, Senior Management Analyst
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Approve a water bill insert promoting the City's Breathe Free Buena Park initiative.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
In July 2023, the City Council adopted a citywide smoking ordinance that expands the areas where smoking is prohibited.
This ordinance was developed to promote and protect the public's health and well-being. To educate the community about the new ordinance and promote a tobacco-free lifestyle, City staff developed the "Breathe Free Buena Park" initiative. Staff would like to promote this initiative to all residents and businesses via the water bill insert prior to enforcement of the new ordinance.
The City previously received grant funds from the California Department of Justice for anti-tobacco related activities. As part of the grant, the City can use a certain amount of funds to pay for water bill inserts. While the tobacco grant will pay for a large portion of the proposed water bill insert, it will not cover the entire cost. America On Track, a local non-profit that has partnered with the City on several health initiates (including the citywide smoking ordinance), has agreed to pay the remaining portion of the cost.
The final water bill insert will also include Spanish and Korean translation.
PUBLIC HEARING NOTICE
None.
Attachments
Tobacco Ordinance Flyer_update.pdf
BUDGET IMPACT
The water bill insert will be paid for with a combination of grant funds from the City's California Department of Justice Tobacco grant as well as funds from America On Track. The City has approximately $1,200 in grant funds to be used for this purpose. America On Track will pay for the remaining portion of the water bill insert, which is estimated to be approximately $300 to $500.
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City of Buena Park
City Council Regular Meeting Agenda Report
RESOLUTION AMENDING THE TECHNICAL, OFFICE, AND PROFESSIONALS ASSOCIATION CLASSIFICATION AND
COMPENSATION PLAN ADDING THE ENVIRONMENTAL INSPECTOR POSITION Meeting
Tuesday, February 13, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5A
Presented By
Rebecca Valdez, Human Resources Manager
Prepared By
Eddie Fenton, Assistant City Manager/Director of Human Resources Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Adopt a Resolution amending the Technical, Office, and Professionals Association (TOP) Classification and Compensation Plan to add the Environmental Inspector classification and salary range; and 2) Approve the new job classification specification of Environmental Inspector.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
In January of 2023, the Senior Environmental Inspector submitted a letter of resignation. It has been challenging to find qualified candidates for this position, as it requires previous experience relevant to municipal environmental compliance and inspection programs. Despite various recruitment efforts and extensive outreach, the Senior Environmental Inspector position remains unfilled. This action caused the Human Resources staff to evaluate the position within the Public Works Department to ensure that its organizational structure provides for the delivery of services to the community, City Departments, and critical nature of environmental inspections, interpretation of regulatory standards, and preparation of compliance records and reports.
As a result of this evaluation, the Human Resources Department has determined that the current organizational structure needs to change and recommends the staffing proposal listed below as well as requests approval of the Environmental Inspector classification and salary range within the TOP group. The Environmental Inspector position is an entry-level position that more candidates may qualify for both internally and externally. Ultimately, the Environmental Inspector can be promoted to the Senior Environmental Inspector position, which is responsible for the most complex and sensitive commercial, industrial business, restaurant, and environmental inspections related to the National Pollutant Discharge Elimination System (NPDES), the city’s Local Implementation Plan (LIP), and the Fats, Oils and Grease (FOG) control programs and enforces related standards and regulations; evaluates monitoring reports, prepares annual Program Evaluation Assessment (PEA) report, and administers environmental projects. In the meantime, underfilling provides for Attachments
Reso TOPS Salary Change (Environmental Inspector).pdf
Exhibit A - TOPS Salary Schedule 2024.02.17.pdf
Environmental Inspector 2024.02.13.pdf
natural progression through a job series and allows the department to staff the position at a lower classification and lower pay rate, thereby creating additional salary savings, within the same classification series. Furthermore, underfilling allows management the opportunity to “grow our own” and support succession planning by allowing candidates to be certified, despite having less skills, knowledge, or experiences performing higher-level tasks. Underfilling will not impact service levels provided by the Public Works Department.
The Environmental Inspector conducts commercial, industrial business, restaurant, and environmental inspections related to the National Pollutant Discharge Elimination System (NPDES), the city’s Local Implementation Plan (LIP), and the Fats, Oils and Grease (FOG) control programs; conducts public education seminars and completes other technical compliance records.
Staff reviewed the salary range for comparable agencies with similar positions. Staff recommends that the monthly salary range for the Environmental Inspector be at range 132, which is $5,375-$6,817 per month.
The adoption of this resolution is necessary since pursuant to Personnel Rules and Regulations of the City of Buena Park, Rule VI, Section 4, new or revised job classification specifications must be submitted to the City Council for approval. In addition, pursuant to Personnel Rules and Regulations of the City of Buena Park, Rule VII, Section 2, proposed compensation plans must be submitted to the City Council for approval.
BUDGET IMPACT
There are no changes to the budget for Fiscal Year 2023-25 for these positions affecting the Public Works Department.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BUENA PARK, CALIFORNIA, AMENDING THE CITY’S
CLASSIFICATION PLAN AND AMENDING THE
COMPENSATION PLAN FOR THE BUENA PARK
TECHNICAL, OFFICE , AND PROFESSIONALS
ASSOCIATION TO ADOPT THE JOB CLASSIFICATION
SPECIFICATION AND SALARY RANGE OF THE
ENVIRONMENTAL INSPECTOR
WHEREAS, it is the desire of the City Council to reorganize the Public Works Department to create an efficient organizational structure and increase the ability to recruit quality employees for hard- to-fill positions, and increase opportunities for internal recruitment and succession planning, enabling employees to advance within the Public Works Department; and
WHEREAS, it is the desire of the City Council to maintain up-to-date employee job classification specifications; and
WHEREAS, Rule VI of the City of Buena Park Personnel Rules and Regulations provides that revisions to the classification plan shall be effective upon adoption of resolution by City Council.
WHERAS; it is the desire of the City Council to amend the Compensation Plan for the Buena Park Technical, Office, and Professionals Association to adopt the new job classification and salary range for the Environmental Inspector.
NOW, THEREFORE, the City Council of the City of Buena Park does hereby resolve, determine, and order as follows:
Section 1: JOB CLASSIFICATION PLAN AMENDED. The Job Classification Plan of the City of Buena Park is hereby amended to adopt the job classification of Environmental Inspector as described in Attachment No. 1 of this resolution is hereby approved.
Section 2: COMPENSATION PLAN AMENDED. Exhibit “A” of the Buena Park Technical, Office, and Professionals Association Salary Schedule of Resolution No. 14723 is hereby deleted in its entirety and a new Exhibit “A ” of the Buena Park Technical, Office , and Professionals Association Salary Schedule, Attachment “A” to this resolution, is hereby approved effective February 17, 2024, which is the beginning of the pay period.
PASSED AND ADOPTED this 13th day of February 2024 by the following called vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
RESOLUTION NO. _______
ABSTAIN: COUNCILMEMBERS:
_________________________________________
Mayor
ATTEST:
_______________________________
City Clerk
I, Adria M. Jimenez, MMC, City Clerk of the City of Buena Park, California, hereby certify that the foregoing resolution was duly and regularly passed and adopted at a regular meeting of the City Council of the City of Buena Park, held this 13th day of February 2024.
______________________________________
City Clerk
T.O.P. M.O.U.
*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT A – PAY SCHEDULE – EFFECTIVE FEBRUARY 17, 2024
TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Account Clerk 117 21.74 3,768 45,219 22.77 3,947 47,362 23.84 4,132 49,587 25.00 4,333 52,000 26.21 4,543 54,517 27.46 4,760 57,117 Accountant 136 34.09 5,909 70,907 35.77 6,200 74,402 37.51 6,502 78,021 39.35 6,821 81,848 41.27 7,154 85,842 43.28 7,502 90,022 Accounting Technician 125 26.28 4,555 54,662 27.52 4,770 57,242 28.82 4,996 59,946 30.25 5,243 62,920 31.71 5,496 65,957 33.23 5,760 69,118 Administrative Assistant 123 25.03 4,339 52,062 26.26 4,552 54,621 27.50 4,767 57,200 28.81 4,994 59,925 30.23 5,240 62,878 31.69 5,493 65,915 Assistant Engineer 141 38.49 6,672 80,059 40.35 6,994 83,928 42.32 7,336 88,026 44.37 7,691 92,290 46.53 8,065 96,782 48.79 8,457 101,483 Assistant Planner 134 32.55 5,642 67,704 34.09 5,909 70,907 35.76 6,198 74,381 37.50 6,500 78,000 39.34 6,819 81,827 41.25 7,150 85,800 Associate Planner 141 38.49 6,672 80,059 40.35 6,994 83,928 42.32 7,336 88,026 44.37 7,691 92,290 46.53 8,065 96,782 48.79 8,457 101,483 Building Inspector 136 34.09 5,909 70,907 35.77 6,200 74,402 37.51 6,502 78,021 39.35 6,821 81,848 41.27 7,154 85,842 43.28 7,502 90,022 Building Inspector Technician 133 31.74 5,502 66,019 33.31 5,774 69,285 34.89 6,048 72,571 36.59 6,342 76,107 38.35 6,647 79,768 40.23 6,973 83,678 Buyer 126 26.91 4,664 55,973 28.18 4,885 58,614 29.55 5,122 61,464 30.95 5,365 64,376 32.48 5,630 67,558 34.04 5,900 70,803 Code Enforcement Officer 134 32.55 5,642 67,704 34.09 5,909 70,907 35.76 6,198 74,381 37.50 6,500 78,000 39.34 6,819 81,827 41.25 7,150 85,800 Code Enforcement Technician 121 23.87 4,138 49,650 25.03 4,339 52,062 26.22 4,545 54,538 27.49 4,765 57,179 28.79 4,990 59,883 30.21 5,236 62,837 Community Outreach Coordinator 123 25.03 4,339 52,062 26.26 4,552 54,621 27.50 4,767 57,200 28.81 4,994 59,925 30.23 5,240 62,878 31.69 5,493 65,915 Community Services Coordinator 131 30.28 5,249 62,982 31.75 5,503 66,040 33.31 5,774 69,285 34.89 6,048 72,571 36.59 6,342 76,107 38.35 6,647 79,768 Environmental Inspector 132 31.01 5,375 64,501 32.54 5,640 67,683 34.07 5,906 70,866 35.75 6,197 74,360 37.50 6,500 78,000 39.33 6,817 81,806 Executive Assistant 131 30.28 5,249 62,982 31.75 5,503 66,040 33.31 5,774 69,285 34.89 6,048 72,571 36.59 6,342 76,107 38.35 6,647 79,768 Homeless Outreach Coordinator 131 30.28 5,249 62,982 31.75 5,503 66,040 33.31 5,774 69,285 34.89 6,048 72,571 36.59 6,342 76,107 38.35 6,647 79,768 Housing and CDBG Analyst 141 38.49 6,672 80,059 40.35 6,994 83,928 42.32 7,336 88,026 44.37 7,691 92,290 46.53 8,065 96,782 48.79 8,457 101,483 Human Resources Analyst 141 38.49 6,672 80,059 40.35 6,994 83,928 42.32 7,336 88,026 44.37 7,691 92,290 46.53 8,065 96,782 48.79 8,457 101,483 Human Resources Specialist 132 31.01 5,375 64,501 32.54 5,640 67,683 34.07 5,906 70,866 35.75 6,197 74,360 37.50 6,500 78,000 39.33 6,817 81,806 Mailroom Aide 113 19.80 3,432 41,184 20.72 3,592 43,098 21.72 3,765 45,178 22.76 3,945 47,341 23.80 4,125 49,504 25.00 4,333 52,000 Management Analyst 141 38.49 6,672 80,059 40.35 6,994 83,928 42.32 7,336 88,026 44.37 7,691 92,290 46.53 8,065 96,782 48.79 8,457 101,483 Management Assistant 134 32.55 5,642 67,704 34.09 5,909 70,907 35.76 6,198 74,381 37.50 6,500 78,000 39.34 6,819 81,827 41.25 7,150 85,800 Marketing Assistant 114 20.25 3,510 42,120 21.21 3,676 44,117 22.22 3,852 46,218 23.29 4,037 48,443 24.37 4,224 50,690 25.57 4,432 53,186 Marketing Specialist 130 29.57 5,126 61,506 31.01 5,375 64,501 32.53 5,639 67,662 34.06 5,904 70,845 35.74 6,195 74,339 37.49 6,498 77,979 Office Assistant 114 20.25 3,510 42,120 21.21 3,676 44,117 22.22 3,852 46,218 23.29 4,037 48,443 24.37 4,224 50,690 25.57 4,432 53,186 Payroll Technician 129 28.89 5,008 60,091 30.27 5,247 62,962 31.73 5,500 65,998 33.27 5,767 69,202 34.87 6,044 72,530 36.54 6,334 76,003 Permit Technician 121 23.87 4,138 49,650 25.03 4,339 52,062 26.22 4,545 54,538 27.49 4,765 57,179 28.79 4,990 59,883 30.21 5,236 62,837 Public Works Inspector 136 34.09 5,909 70,907 35.77 6,200 74,402 37.51 6,502 78,021 39.35 6,821 81,848 41.27 7,154 85,842 43.28 7,502 90,022 T.O.P. M.O.U.
*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT A – PAY SCHEDULE – EFFECTIVE FEBRUARY 17, 2024
TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Position Range Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Secretary Clerk 118 22.23 3,853 46,238 23.34 4,046 48,547 24.42 4,233 50,794 25.63 4,443 53,310 26.83 4,651 55,806 28.13 4,876 58,510 Sr. Account Clerk 122 24.45 4,238 50,856 25.64 4,444 53,331 26.85 4,654 55,848 28.14 4,878 58,531 29.49 5,112 61,339 30.92 5,360 64,314 Sr. Accountant 139 36.67 6,356 76,274 38.44 6,663 79,955 40.32 6,989 83,866 42.29 7,330 87,963 44.34 7,686 92,227 46.50 8,060 96,720 Sr. Accounting Technician 129 28.89 5,008 60,091 30.27 5,247 62,962 31.73 5,500 65,998 33.27 5,767 69,202 34.87 6,044 72,530 36.54 6,334 76,003 Sr. Administrative Assistant 126 26.91 4,664 55,973 28.18 4,885 58,614 29.55 5,122 61,464 30.95 5,365 64,376 32.48 5,630 67,558 34.04 5,900 70,803 Sr. Building Inspector/Code Enf. 139 36.67 6,356 76,274 38.44 6,663 79,955 40.32 6,989 83,866 42.29 7,330 87,963 44.34 7,686 92,227 46.50 8,060 96,720 Sr. Building Inspector/Plan Checker 146 43.39 7,521 90,251 45.52 7,890 94,682 47.73 8,273 99,278 50.05 8,675 104,104 52.50 9,100 109,200 55.10 9,551 114,608 Sr. Engineering Technician 138 35.78 6,202 74,422 37.52 6,504 78,042 39.36 6,822 81,869 41.27 7,154 85,842 43.28 7,502 90,022 45.38 7,866 94,390 Sr. Engineering Technician/GIS
Specialist 144 41.34 7,166 85,987 43.35 7,514 90,168 45.47 7,882 94,578 47.69 8,266 99,195 50.04 8,674 104,083 52.48 9,097 109,158 Sr. Environmental Inspector 139 36.67 6,356 76,274 38.44 6,663 79,955 40.32 6,989 83,866 42.29 7,330 87,963 44.34 7,686 92,227 46.50 8,060 96,720 Sr. Office Assistant 116 21.23 3,680 44,158 22.22 3,852 46,218 23.30 4,039 48,464 24.38 4,226 50,710 25.58 4,434 53,206 26.78 4,642 55,702 Sr. Planner 146 43.39 7,521 90,251 45.52 7,890 94,682 47.73 8,273 99,278 50.05 8,675 104,104 52.50 9,100 109,200 55.10 9,551 114,608 Sr. Public Works Inspector 139 36.67 6,356 76,274 38.44 6,663 79,955 40.32 6,989 83,866 42.29 7,330 87,963 44.34 7,686 92,227 46.50 8,060 96,720 Storekeeper 125 26.28 4,555 54,662 27.52 4,770 57,242 28.82 4,996 59,946 30.25 5,243 62,920 31.71 5,496 65,957 33.23 5,760 69,118 Water Loss Specialist 139 36.67 6,356 76,274 38.44 6,663 79,955 40.32 6,989 83,866 42.29 7,330 87,963 44.34 7,686 92,227 46.50 8,060 96,720 Water Quality Specialist 139 36.67 6,356 76,274 38.44 6,663 79,955 40.32 6,989 83,866 42.29 7,330 87,963 44.34 7,686 92,227 46.50 8,060 96,720
T.O.P. M.O.U.
*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT A – PAY SCHEDULE – EFFECTIVE JUNE 22, 2024
TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Position Grade Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Account Clerk 117 22.82 3,956 47,466 23.91 4,144 49,733 25.03 4,339 52,062 26.25 4,550 54,600 27.52 4,770 57,242 28.83 4,997 59,966 Accountant 136 35.79 6,204 74,443 37.56 6,510 78,125 39.38 6,826 81,910 41.32 7,162 85,946 43.33 7,511 90,126 45.44 7,876 94,515 Accounting Technician 125 27.59 4,782 57,387 28.90 5,009 60,112 30.26 5,245 62,941 31.76 5,505 66,061 33.30 5,772 69,264 34.89 6,048 72,571 Administrative Assistant 123 26.28 4,555 54,662 27.57 4,779 57,346 28.88 5,006 60,070 30.25 5,243 62,920 31.74 5,502 66,019 33.27 5,767 69,202 Assistant Engineer 141 40.41 7,004 84,053 42.37 7,344 88,130 44.44 7,703 92,435 46.59 8,076 96,907 48.86 8,469 101,629 51.23 8,880 106,558 Assistant Planner 134 34.18 5,925 71,094 35.79 6,204 74,443 37.55 6,509 78,104 39.38 6,826 81,910 41.31 7,160 85,925 43.31 7,507 90,085 Associate Planner 141 40.41 7,004 84,053 42.37 7,344 88,130 44.44 7,703 92,435 46.59 8,076 96,907 48.86 8,469 101,629 51.23 8,880 106,558 Building Inspector 136 35.79 6,204 74,443 37.56 6,510 78,125 39.38 6,826 81,910 41.32 7,162 85,946 43.33 7,511 90,126 45.44 7,876 94,515 Building Inspector Technician 133 33.33 5,777 69,326 34.97 6,062 72,738 36.63 6,349 76,190 38.42 6,660 79,914 40.27 6,980 83,762 42.24 7,322 87,859 Buyer 126 28.26 4,898 58,781 29.59 5,129 61,547 31.03 5,379 64,542 32.50 5,633 67,600 34.10 5,911 70,928 35.74 6,195 74,339 Code Enforcement Officer 134 34.18 5,925 71,094 35.79 6,204 74,443 37.55 6,509 78,104 39.38 6,826 81,910 41.31 7,160 85,925 43.31 7,507 90,085 Code Enforcement Technician 121 25.06 4,344 52,125 26.28 4,555 54,662 27.53 4,772 57,262 28.86 5,002 60,029 30.23 5,240 62,878 31.72 5,498 65,978 Community Outreach Coordinator 123 26.28 4,555 54,662 27.57 4,779 57,346 28.88 5,006 60,070 30.25 5,243 62,920 31.74 5,502 66,019 33.27 5,767 69,202 Community Services Coordinator 131 31.79 5,510 66,123 33.34 5,779 69,347 34.98 6,063 72,758 36.63 6,349 76,190 38.42 6,660 79,914 40.27 6,980 83,762 Environmental Inspector 132 32.56 5,644 67,725 34.17 5,923 71,074 35.77 6,200 74,402 37.54 6,507 78,083 39.38 6,826 81,910 41.30 7,159 85,904 Executive Assistant 131 31.79 5,510 66,123 33.34 5,779 69,347 34.98 6,063 72,758 36.63 6,349 76,190 38.42 6,660 79,914 40.27 6,980 83,762 Homeless Outreach Coordinator 131 31.79 5,510 66,123 33.34 5,779 69,347 34.98 6,063 72,758 36.63 6,349 76,190 38.42 6,660 79,914 40.27 6,980 83,762 Housing and CDBG Analyst 141 40.41 7,004 84,053 42.37 7,344 88,130 44.44 7,703 92,435 46.59 8,076 96,907 48.86 8,469 101,629 51.23 8,880 106,558 Human Resources Analyst 141 40.41 7,004 84,053 42.37 7,344 88,130 44.44 7,703 92,435 46.59 8,076 96,907 48.86 8,469 101,629 51.23 8,880 106,558 Human Resources Specialist 132 32.56 5,644 67,725 34.17 5,923 71,074 35.77 6,200 74,402 37.54 6,507 78,083 39.38 6,826 81,910 41.30 7,159 85,904 Mailroom Aide 113 20.79 3,604 43,243 21.76 3,772 45,261 22.81 3,954 47,445 23.90 4,143 49,712 24.99 4,332 51,979 26.25 4,550 54,600 Management Analyst 141 40.41 7,004 84,053 42.37 7,344 88,130 44.44 7,703 92,435 46.59 8,076 96,907 48.86 8,469 101,629 51.23 8,880 106,558 Management Assistant 134 34.18 5,925 71,094 35.79 6,204 74,443 37.55 6,509 78,104 39.38 6,826 81,910 41.31 7,160 85,925 43.31 7,507 90,085 Marketing Assistant 114 21.26 3,685 44,221 22.27 3,860 46,322 23.33 4,044 48,526 24.45 4,238 50,856 25.59 4,436 53,227 26.85 4,654 55,848 Marketing Specialist 130 31.05 5,382 64,584 32.56 5,644 67,725 34.16 5,921 71,053 35.76 6,198 74,381 37.53 6,505 78,062 39.36 6,822 81,869 Office Assistant 114 21.26 3,685 44,221 22.27 3,860 46,322 23.33 4,044 48,526 24.45 4,238 50,856 25.59 4,436 53,227 26.85 4,654 55,848 Payroll Technician 129 30.33 5,257 63,086 31.78 5,509 66,102 33.32 5,776 69,306 34.93 6,055 72,654 36.61 6,346 76,149 38.37 6,651 79,810 Permit Technician 121 25.06 4,344 52,125 26.28 4,555 54,662 27.53 4,772 57,262 28.86 5,002 60,029 30.23 5,240 62,878 31.72 5,498 65,978 Public Works Inspector 136 35.80 6,205 74,464 37.56 6,510 78,125 39.38 6,826 81,910 41.32 7,162 85,946 43.33 7,511 90,126 45.44 7,876 94,515 T.O.P. M.O.U.
*Monthly and Annual Salary are only approximate rates based on the Hourly conversion.
EXHIBIT A – PAY SCHEDULE – EFFECTIVE JUNE 22, 2024
TECHNICAL, OFFICE AND PROFESSIONALS ASSOCIATION
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Position Grade Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Hr. Mo. Annual Secretary Clerk 118 23.34 4,046 48,547 24.51 4,248 50,981 25.64 4,444 53,331 26.91 4,664 55,973 28.17 4,883 58,594 29.54 5,120 61,443 Sr. Account Clerk 122 25.67 4,450 53,394 26.92 4,666 55,994 28.19 4,886 58,635 29.55 5,122 61,464 30.96 5,366 64,397 32.47 5,628 67,538 Sr. Accountant 139 38.50 6,673 80,080 40.36 6,996 83,949 42.34 7,339 88,067 40.40 7,003 84,032 46.56 8,070 96,845 48.83 8,464 101,566 Sr. Accounting Technician 129 30.33 5,257 63,086 31.78 5,509 66,102 33.32 5,776 69,306 34.93 6,055 72,654 36.61 6,346 76,149 38.37 6,651 79,810 Sr. Administrative Assistant 126 28.26 4,898 58,781 29.59 5,129 61,547 31.03 5,379 64,542 32.50 5,633 67,600 34.10 5,911 70,928 35.74 6,195 74,339 Sr. Building Inspector/Code Enf. 139 38.50 6,673 80,080 40.36 6,996 83,949 42.34 7,339 88,067 40.40 7,003 84,032 46.56 8,070 96,845 48.83 8,464 101,566 Sr. Building Inspector/Plan Checker 146 45.56 7,897 94,765 47.80 8,285 99,424 50.12 8,688 104,250 52.55 9,109 109,304 55.13 9,556 114,670 57.86 10,029 120,349 Sr. Engineering Technician 138 37.57 6,512 78,146 39.40 6,829 81,952 41.33 7,164 85,966 43.33 7,511 90,126 45.44 7,876 94,515 47.65 8,259 99,112 Sr. Engineering Technician/GIS
Specialist 144 43.41 7,524 90,293 45.52 7,890 94,682 47.74 8,275 99,299 50.07 8,679 104,146 52.54 9,107 109,283 55.10 9,551 114,608 Sr. Environmental Inspector 139 38.50 6,673 80,080 40.36 6,996 83,949 42.34 7,339 88,067 40.40 7,003 84,032 46.56 8,070 96,845 48.83 8,464 101,566 Sr. Office Assistant 116 22.29 3,864 46,363 23.33 4,044 48,526 24.47 4,242 50,898 25.60 4,437 53,248 26.86 4,656 55,869 28.12 4,874 58,490 Sr. Planner 146 45.56 7,897 94,765 47.80 8,285 99,424 50.12 8,688 104,250 52.55 9,109 109,304 55.13 9,556 114,670 57.86 10,029 120,349 Sr. Public Works Inspector 139 38.50 6,673 80,080 40.36 6,996 83,949 42.34 7,339 88,067 40.40 7,003 84,032 46.56 8,070 96,845 48.83 8,464 101,566 Storekeeper 125 27.59 4,782 57,387 28.90 5,009 60,112 30.26 5,245 62,941 31.76 5,505 66,061 33.30 5,772 69,264 34.89 6,048 72,571 Water Loss Specialist 139 38.50 6,673 80,080 40.36 6,996 83,949 42.34 7,339 88,067 40.40 7,003 84,032 46.56 8,070 96,845 48.83 8,464 101,566 Water Quality Specialist 139 38.50 6,673 80,080 40.36 6,996 83,949 42.34 7,339 88,067 40.40 7,003 84,032 46.56 8,070 96,845 48.83 8,464 101,566
Environmental Inspector Page 1/4
Environmental Inspector
Department/Division: Public Works/ Water Quality
Reports To: Senior Management Analyst
Provides Direction To: Not applicable
FLSA Exemption Status: Non-exempt
Date Previously Adopted: June 25, 2013
Date Adopted by City Council: February 13, 2024
GENERAL PURPOSE
Under general supervision, conducts commercial, industrial business, restaurant, and environmental inspections related to the National Pollutant Discharge Elimination Syste m (NPDES), the city’s Local Implementation Plan (LIP), and the Fats, Oils and Grease (FOG) control programs; conducts public education seminars and completes other technical compliance records; and does related work as required.
DISTINGUISHING CHARACTERISTICS
The Environmental Inspector performs a variety of environmental inspections, interprets regulatory standards, and participates in the preparation of compliance records and reports.
It is distinguished from the Senior Environmental Inspector, which requires more specialized knowledge of environmental regulations, codes, and compliance methods, performs the most complex or sensitive inspections, and has accountability for presenting the semi - annual and annual compliance reports.
ESSENTIAL FUNCTIONS
The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment to the class.
1. Communicates with business and property owners to schedule compliance inspections; inspects industrial, commercial, and residential facilities for compliance with federal, state, and local codes and regulations.
2. Determines applicability of reg ulations to the actual inspection site, the timing and extent of follow -up inspections that are needed, and the level of property user compliance with permit conditions.
3. Educates property users as to NPDES and FOG program policies and regulations, as well as local codes and standards.
Environmental Inspector Page 2/4
ESSENTIAL FUNCTIONS (continued)
4. Investigates and traces sources of illegal waste disposal entering into the wastewater collection system; inspects locations subject to the FOG Discharge Control Ordinance ; initiates call -outs and recommends enforcement actions; assists with the collection and preservation of evidence.
5. Organizes, prepares, and disseminates public education materials and articles; conducts educational and training sessions related to stormwater compliance and environmental management to private sector organizations, industrial, and commercial facilities, non-profit organizations, schools, and homeowner associations.
6. Investigates potential violations of stormwater regulations by hearing complaints, visiting s ites, and determining whether compliance problems exist; issues violation notices and correspondence; recommends remedial actions to mitigate violations.
7. Mobilizes work crews for non -hazardous and hazardous clean -up incidents related to illicit dumping an d stormwater violations; organizes and participates in flood control clean-up activities; responds to FOG Program sanitary overflow incidents.
8. Enters, updates, and maintains information regarding compliance sites and inspection activities within databases.
9. Inspects properties for compliance with structural and non -structural Best Management Practices Reviews (BMPR) grading plans, new development and redevelopment plans, Water Quality Management Plans (WQMP), and the Drainage Area Management Plan (DAMP).
10. Inspects construction projects subject to erosion and sediment control BMPRs given referrals from the Public Works Inspectors.
11. Cleans and maintains source control inspection equipment.
12. Assists with the preparation of sections of the annual Program Evalu ation Assessment (PEA) report on behalf of county and regional planning uses.
13. Attends and participates in co-permittee, planning, pre -construction, and pre -WQMP meetings with staff, contractors, developers, and regulatory representatives.
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QUALIFICATIONS GUIDELINES
Knowledge of:
Federal, state, and local codes, regulations, and policies governing stormwater runoff, water quality, and industrial waste discharge, including FOG standards; principles of chemistry and biology related to laboratory testin g standards; inspection and surveillance techniques; safety principles and practices related to pollution inspection; waste source control standards; public relations techniques; training principles; report writing techniques; English grammar, spelling, an d punctuation; word processing, database, and spreadsheet software programs; effective customer service techniques.
Ability to:
Understand, interpret, and enforce environmental laws, codes, ordinances, rules, and regulations governing stormwater runoff, water quality, FOG management, and related hazardous waste discharge and control; research and maintain current knowledge of pertinent information and developments in the environmental and NPDES compliance functional areas; conduct training and orientation programs to communicate compliance standards; operate computer equipment and use word processing, spreadsheet, and testing software; establish and maintain effective working relationships with staff, management, property owners, business representatives, regional representatives, and the general public; prepare and present field inspection reports; maintain accurate records.
Education/Training/Experience:
High School graduation or G.E.D. equivalent is required, preferably supplemented by technical certi fication, college courses and/or training in environmental compliance, hazardous materials management, report writing, and field inspection practices. Two years of experience in local government inspection, inspections of commerc ial, industrial, municipal facilities, and construction sites , environmental science, sewer and storm drain maintenance programs, or a related field is required. Experience involving environmental inspections related to the implementation of National Po llutant Discharge Elimination System (NPDES) and enforcement of water quality standards is highly desirable.
Licenses, Certificates; Special Requirements:
Valid Class C California driver license, acceptable driving record, and evidence of insurance are required.
Must be able to obtain and maintain a Penal Code 832 certificate, Certified Stormwater Inspector (CSI) certification, and complete Hazardous Waste Operations and Emergency Response standard (HAZWOPR) training within one year of assignment to this classification.
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PHYSICAL AND MENTAL DEMANDS
The physical and mental demands described here are representative of those that must be met by employees to successfully perform the essential functions of this class.
Reasonable accommodations may be made to e nable individuals with disabilities to perform the essential functions.
Physical Demands
While performing the duties of this class, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools, or controls and reach w ith hands and arms. The employee is frequently required to talk , hear, stand, walk, sit, climb, balance, stoop, kneel, crouch, bend, squat, and occasionally crawl. The employee climbs stairs and ladders to access rooftops and elevated inspection areas. T he employee lifts and carries inspection tools, records, or electronic devices that typically weigh less than 20 pounds. Specific vision abilities required by this class include close vision, color vision, depth perception, and the ability to adjust focus.
Mental Demands
While performing the duties of this class, the incumbent is regularly required to use written and oral communication skills; read and interpret blueprints, documents, and other types of information; use math and mathematical reasoning; in teract with staff, management, environmental officials, and public and private representatives, including situations involving conflicts regarding code interpretation.
WORK ENVIRONMENT
The employee constantly works outdoors in conducting inspections and is exposed to variable weather conditions as well as heat, humidity, and moisture. The employee conducts inspections from elevated surfaces and in confined spaces. The employee is exposed to grease, oils, abandoned chemicals, vehicular fluids, contaminated absorbents, and hazardous waste. The employee is exposed to traffic, fumes , airborne particles, and the risk of shock during electrical inspections. The noise level is frequently loud at construction sites. Administrative and record keeping functions are typically completed within an office environment where the noise level is quiet or moderately quiet.
City of Buena Park
City Council Regular Meeting Agenda Report
BUENA PARK POLICE DEPARTMENT 2024 - 2026 STRATEGIC PLAN The strategic plan is a blueprint that reflects the Police Department's commitment to collaborative, community-centric policing. The plan aligns with the Six Pillars of 21st Century Policing, with the intention of fostering trust, transparency and a safer Buena Park.
Meeting
Tuesday, February 13, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5B
Presented By
Frank Nunes, Police Chief
Prepared By
Frank Nunes, Police Chief
Approved By
Aaron France, City Manager
RECOMMENDED ACTION
Approve the Buena Park Police Department 2024 – 2026 Strategic Plan, including the Mission, Vision and Values Statements.
PREVIOUS CITY COUNCIL ACTION
No previous council action.
DISCUSSION
The Buena Park Police Department 2024 – 2026 Strategic Plan is a living document created from the insight and perspectives of all police personnel (e.g. "bottom-up approach"), Chief’s Advisory Board (CAB) and the Community. The process for building the plan took nearly eight months. First, command staff met with every member of the department during hosted facilitated discussions. Employees shared what they believed the mission, vision and values should be. In addition to the mission, vision and values statements, employees were tasked to develop a plan to further the objectives of the President’s Task Force on 21st Century Policing. In essence, they were responsible for creating best practices designed to help the Police Department promote effective crime disruption while building public trust and safeguarding officer well- being.
Once employee input was inventoried, the CAB took on the same task. Members of the board met in groups and were given the Department employees’ insight and the objectives of the President’s Task Force on 21st Century Policing. CAB members were asked to view the plan from the perspective of the community. The CAB's recommendations were also added to the inventory of ideas. Finally, a social media campaign solicited the community’s participation in a survey of what they expected from their Police Department. The information gathered from all stakeholders was distributed to the team of supervisors/managers, who worked together to create the Buena Park Police Department 2024 – 2026 Strategic Plan.
Attachments
PD Strategeic Plan 2024-26 FINAL.pdf
The plan spans three calendar years, with short-term (2024), mid-term (2025) and long-term (2026) objectives and strategies. The foundation of the plan are the Six Pillars of 21st Century Policing:
• Building Trust and Legitimacy
• Policy and Oversight
• Technology and Social Media
• Community Policing and Crime Reduction
• Training and Education
• Officer/Employee Safety and Wellness
Upon completion of the strategic plan, the Department believes the community will be more connected to its Police Department and a safer city to live, work, and visit.
Finally, the new Mission, Vision, and Values statements are part of rebranding our image as the guardians of the community.
All members of the Department took an oath and will dutifully protect the people of Buena Park with Professionalism, Accountability and Courage.
BUDGET IMPACT
There is no immediate budget impact; however, some initiatives in the plan will require City Council support to fund proposed new positions and programs.
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• R e g u l a r l y r e v i e w a n d u p d a t e p o l i c i e s t o r e f l e c t e v o l v i n g c o m m u n i t y a n d e m p l o y e e n e e d s . • M a i n t a i n r i g o r o u s o v e r s i g h t m e c h a n i s m s t o a d d r e s s a n d r e c t i f y a n y d e v i a t i o n s f r o m o u r s t a n d a r d s .
• S e e k c o m m u n i t y i n p u t i n t h e d e v e l o p m e n t a n d e v a l u a t i o n o f o u r p o l i c i e s .
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• R e f i n e p e r f o r m a n c e e v a l u a t i o n s t o m e e t o r g a n i z a t i o n a l v a l u e s • R e f i n e s t a t i s t i c a l p a t r o l r e p o r t s t o r e f l e c t o r g a n i z a t i o n a l m i s s i o n , v i s i o n a n d v a l u e s • C o m m u n i t y e d u c a t i o n i n i t i a t i v e s t h r o u g h s o c i a l m e d i a - D e p a r t m e n t g e n e r a l o r d e r s & p r o c e d u r e s - C r i t i c a l i n c i d e n t / r e l e v a n t i n c i d e n t v i d e o s - C o m m u n i t y e n g a g e m e n t e f f o r t s • U p d a t e g e n e r a l o r d e r s r e l a t e d t o p r o t e s t s & c r i t i c a l i n c i d e n t r e s p o n s e • U p d a t e g e n e r a l o r d e r s r e l a t e d t o p r o t e s t s & c r i t i c a l i n c i d e n t r e s p o n s e • U p d a t e a u t o m a t e d l i c e n s e p l a t e r e a d e r ( A L P R ) & c o m m u n i t y v i d e o c a m e r a g e n e r a l o r d e r s
• I n t e g r a t e L e x i p o l p o l i c y i n t o e x i s t i n g C A L E A g e n e r a l o r d e r s a n d s t a n d a r d o p e r a t i n g p r o c e d u r e s ( S O P )
• U p d a t e p a y r o l l s y s t e m & e x p a n d p a y r o l l a u d i t s / a c c o u n t a b i l i t y • E x p a n d C A L E A a c c r e d i t a t i o n t o c o m m u n i c a t i o n s c e n t e r • C r e a t e p r o f e s s i o n a l s t a f f m a n a g e r p o s i t i o n t o o v e r s e e c o m m u n i c a t i o n s c e n t e r , r e c o r d s b u r e a u a n d P S O p r o g r a m • C r e a t e a n a l y s t p o s i t i o n f o r g r a n t a n d c o n t r a c t w r i t i n g / m a n a g e m e n t • C r e a t e o v e r s i g h t c o m m i t t e e c o m p r i s e d o f m a n a g e r s , s u p e r v i s o r s , a t t o r n e y s , s u b j e c t m a t t e r e x p e r t s a n d c o m m u n i t y m e m b e r s
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E m b r a c i n g t e c h n o l o g i c a l a d v a n c e m e n t s , w e a i m t o :
• I m p l e m e n t c u t t i n g - e d g e t o o l s t o e n h a n c e o u r c r i m e p r e v e n t i o n a n d r e s p o n s e c a p a b i l i t i e s . • U t i l i z e s o c i a l m e d i a p l a t f o r m s t o s h a r e i n f o r m a t i o n , p r o m o t e a w a r e n e s s , a n d e n g a g e w i t h t h e c o m m u n i t y .
• S a f e g u a r d p r i v a c y r i g h t s w h i l e l e v e r a g i n g t e c h n o l o g y f o r t h e g r e a t e r g o o d .
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• R e v i e w c u r r e n t s y s t e m s & e i t h e r e x p a n d o r r e m o v e s e r v i c e s , i n c l u d i n g a r t i f i c i a l i n t e l l i g e n c e r e m o v e s e r v i c e s , i n c l u d i n g a r t i f i c i a l i n t e l l i g e n c e - R e v a m p d e p a r t m e n t ’ s t e c h n o l o g y c o m m i t t e e • C r e a t e d i s a s t e r r e c o v e r y p l a n T e c h n o l o g y
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• C o n s i s t e n t , r e l e v a n t u p d a t e s o f s o c i a l m e d i a c o n t e n t - I m p r o v e r e s p o n s e t i m e s f o r p o s t i n g i n f o r m a t i o n • I n - h o u s e v i d e o p r o d u c t i o n & c o n t e n t - C r e a t e n e w r e c r u i t m e n t v i d e o h i g h l i g h t i n g s e r v i c e & h u m a n c e n t r i c s e r v i c e a s s o c i a t e d w i t h o u r d e p a r t m e n t
• E x p a n d u s e o f d i f f e r e n t s o c i a l m e d i a p l a t f o r m s t o e n g a g e d i f f e r e n t c o m m u n i t i e s , s u c h a s T i k T o k • E x p a n d u s e o f d i f f e r e n t s o c i a l m e d i a p l a t f o r m s t o e n g a g e d i f f e r e n t c o m m u n i t i e s , s u c h a s T i k T o k
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O u r f o c u s o n c o m m u n i t y p o l i c i n g i n v o l v e s :
• D e v e l o p i n g t a i l o r e d s t r a t e g i e s t o a d d r e s s s p e c i f i c c r i m e c h a l l e n g e s i n c o l l a b o r a t i o n w i t h c o m m u n i t y m e m b e r s .
• P r i o r i t i z i n g p r o a c t i v e , c o m m u n i t y - b a s e d i n i t i a t i v e s t o d i s r u p t c r i m e a n d e n h a n c e p u b l i c s a f e t y . • E n s u r i n g t h a t o u r e f f o r t s a l i g n w i t h t h e u n i q u e n e e d s o f e a c h n e i g h b o r h o o d w i t h i n o u r c o m m u n i t y .
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- R e v i t a l i z e n e i g h b o r h o o d w a t c h p r o g r a m - F o c u s e d s o c i a l m e d i a c a m p a i g n s • A r e a c o m m a n d e r s w o r k w i t h f i e l d a n d s u p p o r t p e r s o n n e l t o d i r e c t p a t r o l r e s o u r c e s t o h o t s p o t s p e r s o n n e l t o d i r e c t p a t r o l r e s o u r c e s t o h o t s p o t s • S t r e n g t h e n A r e a C o m m a n d e r P r o g r a m - A d d r e s s i s s u e s t h r o u g h q u a r t e r l y m e e t i n g s w i t h r e t a i l , t r a v e l a n d c o m m u n i t y g r o u p s - Wo r k w i t h c r i m e a n a l y s t t o i d e n t i f y t r e n d s • R e - e s t a b l i s h h o t e l / m o t e l g r o u p t o w o r k w i t h C o m m u n i t y I m p a c t T e a m • C r e a t e r e o r g a n i z a t i o n c o m m i t t e e t o f o c u s d e p a r t m e n t o n c o m m u n i t y a n d c r i m e t r e n d s • R e v i e w e d u c a t i o n s t r a t e g i e s a n d m a k e n e c e s s a r y c h a n g e s - U s e c r i m e a n a l y s i s t o u p d a t e t h e t y p e a n d m e t h o d o f c u r r e n t c r i m e t r e n d s
• R e v i e w t h e f r e q u e n c y o f c o m m u n i t y m e e t i n g s a n d a d j u s t b a s e d o n n e e d
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T o e m p o w e r o u r e m p l o y e e s a n d c o m m u n i t y m e m b e r s a l i k e , w e c o m m i t t o :
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O B J E C T I V E S &
S T R A T E G I E S
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City of Buena Park
City Council Regular Meeting Agenda Report
CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR 6711 BEACH BOULEVARD (BUENA PARK
WOMAN'S CLUB)
Meeting
Tuesday, February 13, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5C
Presented By
Matt Foulkes, Director of Community and Economic Development Prepared By
Matt Foulkes, Director of Community and Economic Development Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Approve the Purchase and Sale Agreement (PSA) between the City of Buena Park and S. J. &P. ASSOCIATE, LLC, for the sale of the property located at 6711 Beach Boulevard (former Buena Park Woman’s Club); 2) Authorize the City Manager and City Attorney to make any necessary, non-monetary changes to the agreement; and, 3) Authorize the City Manager and City Clerk to execute the agreement.
PREVIOUS CITY COUNCIL ACTION
DISCUSSION
In 2013, the property at 6711 Beach Boulevard was acquired by the City from the Buena Park Woman’s Club.
In 2016, the City Council held a study session to explore options to relocate and renovate the Woman’s Club building.
At that time, the estimated cost to relocate and renovate the building was $2.058-million and no further action was taken.
In 2019, the City Council commissioned a study by Oldham Architects to conduct an analysis and make recommendations for improvements to the Woman’s Club building to bring it up to minimum building code and accessibility standards. No further action was taken.
In July 2022, the City Council held a study session to discuss options for the Woman’s Club building. The direction provided was to market the property for 90 days for lease and report to the City Council on interest.
In November 2022, the City Council received an update on the marketing efforts to lease the property. The conclusion from the leasing effort was that there were not any parties interested in leasing who could also afford to make the necessary improvements to the building to bring it up to minimum building code standards. The City Council provided direction to have the property appraised for sale.
In March/April 2023, an appraisal was completed for the property and the City Council met in Closed Session to receive an update on the property appraisal.
In August 2023, the City Council reviewed proposals for the purchase of the Buena Park Woman’s Club property and directed staff to negotiate with the selected buyer.
Attachments
Attachment 1 - DRAFT PURCHASE AND SALE AGREEMENT - 6711 BEACH BOULEVARD.pdf After reviewing the proposals received for the purchase of the former Buena Park Woman's Club property, the adjacent property owner, S. J. & P. Associates, LLC (“Buyer”), was identified as the most desirable proposal. S.J. & P. Associates, LLC. have owned the adjacent retail center at 6681 Beach Boulevard since 2017, and are proposing to renovate/restore the Woman’s Club building for use as a bakery/café. This proposal was selected in part because of adjacent ownership and its ability to leverage the existing parking lot at 6681 Beach Boulevard for future customers at the Women's Club building as well as the complementary operating hours of the proposed bakery/café with the existing restaurant that operates primarily in the evenings after the bakery/café will be closed.
Pursuant to the Purchase and Sale Agreement (Attachment 1), the Buyer has agreed to purchase the property for $250,000, with an initial deposit of $25,000. This purchase price is $50,000 above the appraised value. Escrow will open within 10- days of the effective date of the Agreement and will close following the completion and recordation of specified documents, but in no case later than July 31, 2024, unless extended by mutual written agreement of the parties. At the request of the City, the Buyer has agreed to record a Conservation Easement that will protect the interior and exterior historical elements of the building in perpetuity. In addition to the Conservation Easement, the Buyer has agreed to a Declaration of Construction Covenants, Restoration Work and Schedule of Performance. These documents/agreements will provide the City assurance that adequate funds are available for the building restoration work proposed, that the construction activities commence immediately, and are completed in a timely manner.
In the event that the Buyer is unable to complete the building restoration according the schedule of performance, or for any reason defaults on the terms of the Purchase and Sale Agreement, the property automatically reverts to the City along with any of the construction plans, engineering studies or building improvements made to that point. It is important to note that financial inability or profitability of the Restoration shall not be an excuse for the Buyer’s delay or failure to perform, nor shall the failure to maintain the Historical Building, or practical difficulties in completing the Restoration Work or preserving the Historical Building, be an excuse for Buyer’s delay or failure to perform. Any future uses of the property, should the bakery/café close, would need to comply with the permitted uses in the Commercial General (CG) zoning.
BUDGET IMPACT
The purchase price specified in the Purchase and Sale Agreement is $250,000, which will be deposited into the City’s General Fund.
1 AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY
6711 BEACH BOULEVARD, BUENA PARK, CALIFRONIA
This AGREEMENT FOR THE PURCHASE AND SALE OF REAL PROPERTY (this “Agreement”) is dated for reference as of February 13, 2024, and is entered into by and between the CITY OF BUENA PARK, a California municipal corporation (“Seller”), and S. J. & P. ASSOCIATE, LLC, a California limited liability corporation (“Buyer”). At times herein Seller and Buyer are individually referred to as a “Party” and jointly as the “Parties.”
RECITALS
(A) Seller is owner of that certain parcel of real property located at 6711 Beach Boulevard, Buena Park, California (APN 276-291-24), as the legal description for such real property is set forth in Exhibit “A” hereto (the “Property”), together with all improvements located on the Property that include a building of historic significance as further described in Exhibit “B” hereto (the “Historical Building”).
(B) Seller desires to sell the Property to a third party that possesses the intent and capacity to restore and rehabilitate the Historical Building and thereafter to preserve and maintain it as a historical resource for the community.
(C) Buyer desires to purchase the Property from Seller, and in connection therewith and as a portion of the consideration paid to Seller Buyer has agreed to: (1) complete the repair and restoration work to the Historical Building that is generally described in Exhibit “C” hereto (the “Restoration Plan”) and; (2) grant to Seller a perpetual historical conservation easement for the Historical Building in the form attached hereto as Exhibit “D ” (“Conservation Easement”) ; and Seller desires and intends to reserve the Conservation Easement as a condition of selling the Property to Buyer.
(D) The Parties desire to enter into this Agreement to define the terms and conditions by the Sellers will sell and Buyer will purchase the Property, and by which Buyer will subsequently rehabilitate, preserve, and maintain the Historical Building as a historical resource for the community and residents of the City of Buena Park.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
1. PURCHASE AND SALE. Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, on the terms and subject to the conditions and covenants set forth in this Agreement. The “Effective Date” of this Agreement shall be the first date upon which the last of Seller and Buyer have executed this Agreement.
2. PURCHASE PRICE. The purchase price to be paid by Buyer to Seller in exchange for the Property shall be TWO HUNDRED AND FIFTY THOUSAND DOLLARS ($250,000.00) (the “Purchase Price”), which Purchase Price shall be paid by Buyer to Seller in the manner and on the terms specified in this Agreement. The Parties agree that the Purchase Price is equal to the fair market value of the Property in light of the covenants and commitments of Buyer herein, and that Seller has provided no discounts, offsets, or subsidies to Buyer in connection with this Agreement or the Restoration Work (as defined in Section 5.A).
2 A. Deposit. Within ten days of the Effective Date Buyer shall deliver funds by check, wire transfer or other means, in the amount of TWENTY-FIVE THOUSAND DOLLARS and 00/100 CENTS ($25,000.00) to the Title Company (defined in Section 3.B) to be deposited in a non-interest-bearing account and held as an earnest money deposit hereunder pursuant to the terms and provisions hereof (which earnest money deposit is herein called the “ Deposit”). The Deposit shall be applied to the Purchase Price to be paid by Buyer at Closing.
B. Payment of Purchase Price. At Closing, Buyer shall pay to Seller through Escrow (defined in Section 3.B) the balance of the Purchase Price (i.e., a sum equal to the Purchase Price less the Deposit) in cash, by cashier’s or certified check, or wire transfer as acceptable to Seller.
3. ESCROW AND CONDTIONS TO CLOSING.
A. Escrow Instructions. This Agreement constitutes the joint basic escrow instructions of Seller and the Buyer for conveyance of the Property by Seller to the Buyer. The Parties shall execute, deliver and be bound by any reasonable or customary supplemental or additional escrow instructions (“Additional Instructions”) of Title Company (defined in Section 3.B) or other instruments as may be reasonably required by Title Company in order to consummate the transaction contemplated by this Agreement; provided they do not conflict with, amend or supersede any portions of this Agreement unless expressly consented or agreed to in writing by Seller and Buyer. In the event of any conflict or any inconsistency between this Agreement and such Additional Instructions, this Agreement shall govern unless otherwise specifically agreed to in writing by the Parties.
B. Opening of Escrow. Within ten (10) business days of the Effective Date, Seller shal l open an escrow (“ Escrow”) with First American Title Company (“ Title Company ,” 18500 Von Karman Avenue, Suite 600, Irvine, CA 92612; Title Officer: Jeanne Gould, Senior Escrow Officer/Escrow Branch Manager ([email protected]) (“Escrow Agent”). The actual date the Escrow is opened is referred to in this Agreement as the “Opening.”
C. Close of Escrow. For purposes of this Agreement, “Closing” means: (1) the recordation in the Official Records of Orange County, California (“Official Records”), of the g rant deed in the form attached hereto as Exhibit “E” conveying the Property to the Buyer (the “Grant Deed”); (2) recording of the Conservation Easement on the Property; (3) recording of the Declaration of Construction Covenants on the Property (defined in Section 5.J); and (4) the disbursement of funds and distribution or recording of any other documents by the Title Company as described in this Agreement. Unless extended by the prior mutual written agreement of the Parties , the Closing shall occur no later than July 31, 2024 (“Outside Closing Date”) unless extended by mutual written agreement of the Parties.
D. Costs. Buyer shall pay the costs of the Title Policy, all transfer taxes and recording costs, and the costs associated with any extended coverage title policy (i.e., extended ALTA coverage) any title endorsements requested by Buyer, and any cost for recording the Grant Deed. All other closing costs and costs of Escrow shall be divided between the Seller and Buyer equally. Title Company shall provide a preliminary closing statement to the Seller and Buyer prior to the Closing Date.
E. Tax Prorations . Seller shall be liable for and shall pay in full all real property taxes and assessments levied on or incurred by the Property prior to the Closing, provided that the Parties recognizes that Seller is a local government agency that is exempt from real property taxes and accordingly the Parties anticipate that no such taxes are due or owing prior to the Closing. Buyer shall
3 be solely and exclusively liable for any real property taxes or assessments levied on the Property on or after the Closing.
F. Certain Conditions to Closing
1) Surplus Land Act; Disclosure and Compliance . Seller discloses and Buyer acknowledges that the Property is owned by a local agency and is therefore subject to the California Surplus Lands Act (Gov’t Code § 54220 et seq ., the “SLA”) which is administered by the California Department of Housing and Community Development (“ HCD”). As required b y the SLA, at least thirty (30)-days prior to the Closing, Seller shall provide HCD with notice in the manner and form required by law of this Agreement and Seller’s intended sale of the Property to Buyer. Seller shall provide Buyer and Escrow copies of notices issued by Seller to comply with the SLA, as well as determinations made by HCD approving or rejecting this transaction within five (5) days of issuance or receipt. Notwithstanding the deadlines in this section, Seller shall provide of this Agreement to HCD as soon as is practical following the Effective Date.
(a) The Parties acknowledge that HCD has at least thirty (30) days after receiving notice to review and either approve or reject this transaction as compliant with the SLA; however, the timing and scope of HCD’s review of this transaction is uncertain. The Parties agree that if, prior to the Closing, HCD issues a determination that this transaction violates the SLA, either Party may elect to terminate this Agreement for convenience pursuant to Section 10.A , or the Escrow may be terminated or otherwise extended by written agreement by the Parties.
(b) Seller’s compliance with the SLA , as determined in Seller’s exclusive discretion, shall be signified to the Parties by Seller’s delivery of the Grant Deed to Escrow .
Notwithstanding anything contrary contained in this Agreement, termination of this Agreement pursuant to this Section shall not be considered a breach by the terminating Party, nor shall Seller be considered or found to be in breach of this Agreement arising or resulting from a determination by HCD that Seller’s has not complied with the SLA.
2) Environmental Clearance. Before approving and entering into this Agreement Seller has analyzed this Agreement as against the requirements of the California Environmental Quality Act (“CEQA”) and found, based on the evidence in the administrative record before it, that approving this Agreement and the sale of the Property to the Buyer is exempt from the requirements of CEQA pursuant to Section 15061(b)(3)of the CEQA Guidelines because it can be seen with certainty that there is no possibility the activities contemplated by this Agreement will have a significant effect on the environment. The existing building will be retained and renovated for a new use, but no other changes to the site are proposed which could have a significant effect on the environment.
3) Conditions Precedent to Buyer’s Obligation to Close. Seller shall have completed each of the following prior to or at the Closing as a condition precedent to Buyer’s obligation to purchase the Property from Seller under this Agreement:
(a) Seller shall have taken all actions necessary and appropriate relative to enabling the Title Company to issue the Title Policy to Buyer, subject only to the Permitted Exceptions (defined below).
(b) At least two (2) days prior to the Closing, Seller shall have delivered to Escrow the following documents (which may be counterparts and shall be in recordable form as necessary):
4 1. An original of the Grant Deed for the Property, executed by Seller and acknowledged;
2. An original of the Conservation Easement, executed by Seller and acknowledged;
3. An original of the Declaration of Construction Covenants (defined in Section
5.J), executed by Seller and acknowledged;
4. An owner’s affidavit in form and substance acceptable to the Title Company, if required; and
5. Such other documents and funds required of Seller under this Agreement or reasonably required by Title Company.
(c) All representations and warranties of the Seller hereunder that are true as of the Effective Date shall be and remain true as of the Closing and shall otherwise continue for the time periods set forth herein.
4) Conditions Precedent to Seller’s Obligation to Close. Each of the following shall be conditions precedent to Seller’s obligation to sell the Property to Buyer under this Agreement:
(a) Buyer shall have completed all of its obligations under this Agreement that are required to be completed prior to the Closing, and Seller shall be satisfied that all obligations under the SLA have been duly performed.
(b) Prior to the expiration of the applicable Contingency Period (defined in Section
6.A), Buyer shall have approved all due diligence matters associated with the Property or have waived any objections in writing;
(c) Buyer has provided to and Seller has approved, in the exercise of Seller’s sole and absolute discretion, the scope of Restoration Work to be completed by Buyer and the Restoration Budget (described in Section 5.I), which shall be signified by the Seller’s delivery of an executed Grant Deed to Escrow;
(d) Buyer has received all permits and other approvals from the City or Buena Park, in its governmental capacity (“City”), including but not limited to a building permit from City, and any other permits or approvals from other governmental agencies with jurisdiction over the Property, that are needed to complete the Restoration Work, and Seller shall otherwise be reasonably satisfied that Buyer is in a position to commence construction of the Restoration Work expeditiously after the Closing;
(e) Buyer has provided to Seller and Seller has approved, in the exercise of Seller’s sole and discretion, satisfactory evidence of Buyer’s capacity to pay for the Restoration Work in an amount at least equal to the Restoration Budget (as defined and further described in Section 5(C));
5 (f) Buyer shall have paid into Escrow the Deposit required by Section 2(A), and at least two (2) day s prior to the Closing, Buyer shall have delivered to Escrow the balance of the Purchase Price required by Section 2(B);
(g) At least two (2) days prior to the Closing, Buyer shall have delivered to Escrow the following documents (which may be counterparts, in recordable form, as necessary):
1. An original countersigned copy of the Conservation Easement, executed by Buyer and acknowledged;
2. An original countersigned copy of the Declaration of Construction Covenants executed by Buyer and acknowledged; and
3. Buyer shall have delivered to Escrow all funds, payments and documents required of Buyer prior to the Closing pursuant to this Agreement.
(h) All representations and warranties of the Buyer hereunder that are true as of the Effective Date shall be and remain true as of the Closing and shall otherwise continue for the time periods set forth herein.
G. Title Company and Escrow Agent Responsibili ties. Subject to satisfaction of the conditions precedent specified herein, a t the Closing Title Company and Escrow Agent, as applicable, are authorized and instructed to:
1) Using the funds deposited by the Buyer representing the Purchase Price to cause the satisfaction and removal of all exceptions to title to the Property except for the Permitted Exceptions (defined below), provided that before such payments or charges are made, Title Company shall notify Seller of the terms necessary to satisfy and remove such monetary liens or encumbrances, and Seller shall approve the disbursement of necessary funds.
2) Pay, and charge Buyer and Seller, respectively, for any fees, charges and costs payable under this Agreement. Before such payments or charges are made, Title Company shall notify Buyer and Seller of the fees, charges and costs necessary to clear title and close the Escrow, all of which shall be reflected on the closing statement at Closing.
3) Record the Grant Deed , Declaration of Construction Covenants, Conservation Easement, and any other instruments as appropriate, delivered through Escrow.
4) Deliver to each Party copies of all tax withholding form(s).
5) Disburse such other funds and deliver such other documents to the Parties that are entitled thereto, or as directed by the Parties.
6) Cause the Title Policy or Extended Policy (as defined below), as applicable, to be issued.
7) Perform and take actions directed in any agreements or escrow instructions between the Parties, if applicable, to the extent not in conflict with this Agreement or otherwise approved by the Parties.
6 H. Notices. All communications from Title Company and Escrow Agent to Buyer or Seller shall be directed to the addresses and in the manner established in this Agreement for notices, demands and communications between the Buyer and Seller, except as may be otherwise directed by the Parties in writing.
4. TITLE MATTERS.
A. Condition of Title; Title Policy. It is a condition to the Closing for Buyer’s benefit that the Title Company be committed to issue to Buyer, upon the Closing, a standard CLTA owner’s policy of title insurance (“Title Policy”) in an amount equal to the Purchase Price, showing the Property subject only to the Permitted Exceptions (defined below). Title Company will issue the Title Policy to Buyer upon Closing. Instead of the Title Policy being a standard CLTA owner’s policy of title insurance, Buyer may instead elect to obtain an extended coverage ALTA owner’s policy of title insurance (“Extended Policy”) on the following conditions: (a) Buyer pays for all additional premiums and any other fees and costs attributable thereto (b) Buyer shall be solely responsible for the additional requirements for the issuance of the Extended Policy (such as an ALTA survey), and (c) such request (or the fulfillment thereof) does not delay the Closing.
B. Permitted Exceptions . The term “ Permitted Exceptions ” as used herein shall mean the following described conditions and exceptions to title or possession:
1) A lien to secure payment of general and special real property taxes and assessments that accrue from and after the Closing.
2) A lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code accruing on or after the Closing.
3) The Conservation Easement , Declaration of Construction Covenants , covenants and restrictions in the Grant Deed, and other documents or instruments required to be recorded by this Agreement.
4) Other exceptions to title disclosed by the Title Report (defined below) that have been approved in writing by Buyer prior to the end of the Contingency Period (defined below), which shall constitute Permitted Exceptions.
C. Title Report, Review and Approval.
1) Within thirty (30) calendar days following the Effective Date, Seller shall obtain and shall provide a copy to Buyer of a preliminary report from the Title Company, together with the underlying documents relating to the Schedule B exceptions set forth in such report (collectively, the “Title Report”). Buyer shall have until the end of the Contingency Period (defined bel ow) to review and approve the Title Report and any ALTA survey (“Survey”) obtained by Buyer. Buyer shall notify Seller in writing on or before the Contingency Date (defined in Section 6.A) of any disapproved matters in the Title Report and Survey. Any matters not so disapproved shall be a part of the Permitted Exceptions; however, Buyer hereby objects to any and all monetary encumbrances that may appear in the Title Report, all of which shall be removed therefrom by Seller at no cost to Buyer , and none of which shall be a Permitted Exception. Seller shall have thirty (30) days from the receipt of Buyer’s
7 notice either to obtain at Seller’s cost, as applicable, the issuance of an endorsement to the Title Report removing such disapproved matters or, if accepta ble to Buyer , to obtain affirmative title insurance protection for such disapproved matters satisfactory to Buyer in Seller’s sole discretion. If Seller fails either to provide for the removal of such exceptions or to obtain affirmative title insurance protection for such exceptions satisfactory to Buyer within such thirty (30) -day period, then at Buyer ’s option, Buyer may advance the cost of removing or satisfying the exception and deduct the cost from the Purchase Price paid by Buyer. If such notice is not timely given by the Buyer, then such disapproved matters shall constitute Permitted Exceptions.
2) If any endorsement or update issued to the Title Report or Survey contains new exceptions other than those in the initial Title Report or Survey, Buyer shall be entitled to object to any such exceptions by a written notice of objections to Seller on or before the date ten (10) days following Buyer’s receipt of such endorsement or update. If Buyer fails to deliver to Seller a notice of objections to such new exceptions on or before such date, Buyer shall be deemed to have waived any objection to the new exceptions appearing on such endorsement or update, and thereafter all such new exceptions (or those not actually objected to) shall be deemed to be Permitted Exceptions. Seller shall have ten (10) days from the receipt of Buyer’s notice either to obtain at Seller’s sole cost, as applicable, the issuance of an endorsement to the Title Report or a revision to the Survey removing such exceptions or, if acceptable to Buyer, to obtain affirmative title insurance protection for such exceptions satisfactory to Buyer in Buyer’s sole discretion. If Seller fails either to provide for the removal of such exceptions or to obtain affirmative title insurance protection for such exceptions satisfactory to Buyer in Buyer’s sole discretion within such ten (10)-day period, then at Buyer’s option, Buyer may advance the cost of removing or satisfying the exception and deduct the cost from the Purchase Price. If such notice is not timely given by the Buyer, then such disapproved matters shall constitute Permitted Exceptions.
3) Notwithstanding any contrary term or provision in this Agreement, the Closing will be extended as needed to comply with the requirements of this Section.
5. RESTORATION OF THE HISTORICAL BUILDING
A. Restoration Work. As a material inducement for Seller’s agreement to sell the Property to Buyer, and as a portion of the consideration paid by Buyer to Seller, Buyer shall at its sole cost and expense complete or cause to be completed the repair, restoration, improvement, and construction work to the Historical Building and Property that is generally described in the Restoration Plan attached hereto this Agreement as Exhibit “C”; provided that Buyer agrees to and shall complete the specific scope of work that is described in the final building permit(s) issued for by the City to Buyer for the general scope described in the Restoration Plan (the “Restoration Work”).
1) Buyer’s Submission of Work Applications. Within the time established in the Schedule of Performance (defined in Section 5.E ) Buyer shall submit to the Seller complete building permit application (or applications) for the Restoration Work (the “ Work Applications”) on the form provided by the City.
2) Seller’s Action on Work Applications. Seller shall promptly and in good faith review the Work Applications to ensure the proposed scope of work complies with the Restoration Plan and applicable laws. Exercising such reasonable discretion as to compliance with the Restoration Plan, and lawful discretion as to compliance with applicable laws, Seller will render timely a final determination to either deny, conditionally approve, or approve the Work Applications for the Restoration Work.
8 Buyer shall bear such costs as normally charged for the Work Applications and associated services from the Seller. The Buyer shall obtain all required permits and pay impact fees related to Restoration Work and shall pay all government processing fees related to the reto. All such fee shall be based on the published or applicable fees as of the date of the application for the permit.
B. Cost of Restoration. All costs for engineering, planning, designing, permits, Restoration Work or other approvals and improving the Property or Historic Building, whether imposed by Seller or another governmental entity with jurisdiction over the Property, shall be borne exclusively by Buyer.
Buyer shall also bear all costs related to discharging the duties of the Buyer set forth in this Agreement, the Construction Declaration, or Conservation Easement.
C. Restoration Budget. At the same time Buyer submits to City the Work Applications, Buyer shall submit to seller an itemized budget for the scope of work described in the Work Applications (“Restoration Budget”), with the costs set forth in the Restoration Budget to be based on actual bids provided by contractors to perform the specified scope of work. Said contractors shall be properl y licensed and qualified to perform the specified scope of work, and the budget shall include the contractors’ identity, licenses, and proposed scope of work. The Restoration Budget and contractors’ information shall be provided in the form and in sufficient detail reasonably acceptable to Seller, and shall include reasonable and good faith estimates for the costs included and the period of time for which the estimates are valid.
D. Seller and Other Government Permits. Before commencement of the Restoration Work or any other construction on the Property, the Buyer shall, at its own expense, secure or cause to be secured, any permits which may be required by the Seller or any other governmental agency affected by such construction, development or work. Seller shall cooperate and provide appropriate assistance to Buyer in securing these permits.
E. Schedule of Performance. Upon the Effective Date, Buyer shall immediately commence and diligently complete all planning and design work needed to submit completed W ork Applications to Seller and comply with Buyer’s obligations precedent to the Closing, and following the Closing, shall pursue without interruption until complete the Restoration Work with the completion of construction to be signified by a Certificate of Occupancy issued by the Seller for the Historic Building. Buyer shall complete all such planning, design, development, and construction work in strict compliance with the deadlines specified in Exhibit “F” (“Schedule of Performance”). The City Manager, in his/her sole and absolute discretion, may grant extension(s) of the Schedule of Performance set forth in this Agreement not exceeding nine (9) months in the aggregate, with any longer extensions of time requiring the approval of the City Council. Construction of the improvements and development of the Property as described in the final building permits may, at the sole election of Buyer, be completed in different phases; provided that such construction and development proceeds uninterrupted and is performed within the time specified in the Schedule of Performance.
F. Local, State and Federal Laws . Buyer shall own the Property and carry out the Restoration
Work in conformity with all applicable laws, including all applicable federal, state or local laws, rules or standards; provided, however, Buyer and its contractors, successors, assigns and transferees, and lessees are not waiving their rights to contest any such laws, rules or standards. Buyer agrees to indemnify, hold harmless and defend the Seller, its officers, employees, contractors and agents against any claim, action, proceeding, liability, damages, expenses, attorney fees, expert fees or other costs arising out of Buyer's obligations under this Section, provided the foregoing indemnity shall not apply
9 to any of the foregoing matters to the extent caused by any willful or negligent conduct of the Seller or its agents, servants, employees or contractors.
G. Taxes, Assessments, Encumbrances and Liens . After Closing Buyer shall pay when due all real estate taxes and assessments on the Property levied subsequent to a conveyance of title to the Property. Buyer shall not place or allow to be placed on the Property or any part thereof, any mortgage, trust deed, encumbrance or lien unauthorized by this Agreement. Buyer shall remove or have removed any lien on any of the Property or portion thereof or assure the satisfaction thereof within a reasonable time, but in any event prior to a sale thereunder. Notwithstanding the foregoing, Buyer or a successor, transferee, assignee, or tenant contests the validity or grant of any recorded lien or tax assessment, and Buyer, successor, transferee, assignee or tenant shall notify the Seller that it intends to contest the same, and any payment due shall to clear the lien or assessment shall be made immediately upon final resolution of any such contest.
H. Rights of Access .
For the purposes of assuring compliance with this Agreement, representatives of Seller shall have the reasonable right of access to the Property without charges or fees, at normal construction hours during the period of construction for the purposes of monitoring Buyer’s compliance with this Agreement or to inspect the Restoration Work being performed.
I. Buyer’s Financing for Restoration Work.
1) Capital Contribution. At least thirty (30) days prior to the Closing, and again two (2) days prior to Closing, Buyer shall provide documentary and verifiable evidence to Seller, in a form and substance of such evidence reasonably acceptable to Seller, that the sum of THREE HUNDRED AND FIFTY THOUSAND DOLLARS and 00/100 CENTS ($350,000.00) has been deposited into a checking acco unt owned and controlled by Buyer with a federally registered banking institution (“Construction Account”). Buyer covenants, represents, and agrees that any and all funds on deposit in the Construction Account shall, unless and until recording of the Release of Construction Covenants (defined in Section 5.J ), be deemed to be held in a constructive trust by Buyer for the benefit of the Historic Building and the Parties’ respective interests therein, and shall only be used by Buyer to pay actual costs of the Restoration Work. After the Closing, and until the Release of Construction Covenants, on the first day of each calendar month Buyer shall provide Seller with copies of account statements for the Construction Account showing all account activity within the recently -ended calendar month, together with supporting documentation showing that any funds withdrawn from the Construction Account were to used to pay Restoration Work costs.
2) Mortgage or Other Financing . In the event funds on deposit in the Construction Account are not equal to or greater than the Restoration Budget, Buyer shall exercise reasonable efforts to obtain sufficient additional equity capital and /or debt financing to pay for the entirety of the Restoration Work as defined in the Restoration Budget. If such additional financing is necessary, not later than thirty (30) days before the Closing, Buyer shall submit evidence of Buyer’s financing to the City Manager for approval. Such evidence of financing shall include, as applicable, the following: (i) a signed letter of financing commitment from a financing institution with all conditions waived except for the Closing, and with funding of the loan to be concurrent with the Closing ; or (ii) a copy of the loan document s (in substantially final form) to be obtained by Buyer from one or more financial institutions for the mortgage loan or loans for financing to improve the Property, with the loan to fund concurrent with the Closing ; or (iii) written documentation and evidence, from the chief financial officer of Buyer (or such other person serving in the most comparable capacity for Buyer), reasonably satisfactory to Seller, that Buyer has sufficient liquid equity and funds for acquisition and construction
10 work, and that such funds have been committed to the Property for the Restoration Work, or will be committed concurrently with the Closing; or (iv) such other documentation reasonably satisfactory to the City Manager as evidence of other sources of capital sufficient to demonstrate that Buyer has adequate funds to cover the difference between the total acquisition of the Property and cost for the Restoration Work less financing authorized by those loans referred to in clauses (i and ii) hereinabove, and that such funds will be immediately available upon the Closing for finance the Restoration Work.
The City Manager shall exercise reasonable discretion in either approving or disapproving Buyer’s proposed financing, or the evidence of financial capability and commitments provided, within ten (10) business days after receipt of a complete submittal of financing documents in substantially their final form. If the City Manager disapproves any such financing or evidence thereof, the City Manager shall do so by delivery of written notice to Buyer stating the reasons for such disapproval. Upon receipt of the City Manager’s disapproval, Buyer shall exercise commercially reasonable efforts to promptly obtain and submit new evidence of financing, and the Closing shall be extended thirty (30) days to allow Buyer an opportunity to do so. The City Manager’s shall approve or disapprove any such new evidence of financing in the same manner , provided that if it rejects such financing it may provide notice of default to Buyer. If Seller dis approves of Buyer’s financing or the evidence thereof, the Closing shall not occur until Seller has issued written approval of the same.
3) Property as Security. The provisions of this subsection shall govern Buyer’s use of the Property as security for financing. No lien or other note shall be recorded on the Property to secure the Purchase Price or Restoration Funds, or a loan therefor, each of which shall be paid by Buyer at Closing with “cash in hand.” Excepted as permitted by this Section, Buyer shall not use or allow the Property to be used as security for any financing before a Release of Construction Covenants (as defined in Section 5.J) has been recorded.
a) Priority of Liens. If Buyer finances any portion of the Restoration Work, and if any portion of such financing consists of third-party loans to be secured on the Property, Buyer shall close said financing at the Closing. The mortgage, deed of trust, or other form of conveyance required for Buyer’s financing, including any extension, modification, renewal, or refinancing of any such mortgage, deed of trust, or other form of conveyance for financing, is referred to herein as a “Deed of Trust.” Any such Deeds of Trust shall be subordinate and junior to the Conservation Easement.
b) No Encumbrances Except Mortgages, Deeds of Trust, Sales and Leases Back or Other Financing for Development. Deeds of Trust reasonably required for financing construction of the Restoration Work are permitted before the Release of Construction Covenants , but only if the purpose of securing loans and use of proceeds is restricted for completing the Restoration Work as set forth in this Agreement . Buyer shall notify the Seller in advance of any such Deed of Trust if Buyer proposes to enter into the same before issuance of a Release of Construction Covenants.
c) Construction Financing. Before a Release of Construction Covenants, Buyer shall not enter into any such mortgage, Deed of Trust, sale or lease back or other form of conveyance for financing without the prior written approval of Seller which approval Seller agrees to give if any such conveyance for financing is given to a responsible f inancial or lending institution or other acceptable person or entity with demonstrated financial capacity . Such lender must be approved in writing by the Seller, which approval shall not be unreasonably withheld or delayed.
d) Holder Not Obligated to Construct Improvements. The holder of any mortgage, Deed of Trust, or other conveyance authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the Rehabilitation Work or to guarantee such
11 construction or completion. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provi ded for or authorized by this Agreement.
e) Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure. Whenever Seller shall deliver any notice or demand to Buyer, with respect to any breach or default by Buyer following the Closing, Seller shall, at the same time, deliver to each holder of record of any financing instrument authorized by this Agreement who has requested in writing said notices from the Seller, a copy of such notice or demand. Each such holder shall (insof ar as the rights of Seller are concerned) have the right, at its option after the receipt of the notice or Buyer’s cure period, if any, to cure or remedy any such default if the right to cure is provided under the terms of the security interest. The time for a holder to cure shall be extended, if the holder has undertaken steps to cure, in which case such time will be extended for as long as holder reasonably needs, providing the holder is acting diligently. Nothing contained in this Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the Restoration Work (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed Buyer's remaining obligations to Seller by written agreement satisfactory to the Seller. In that event, the holder must agree to complete, in the manner provided in this Agreement, the Restoration Work to which the lien or title of such holder relates, and submit satisfactory evidence to Seller that it possesses the qualifications and financial resources necessary to perform such obligations. Any such holder properly completing such improvements shall be entitled, upon written request made to Seller, to a Release of Construction Covenants from the Seller.
f) Failure of Holder to Complete Improvements.
In any case of an uncured
default by Buyer in completion of construction of improvements under this Agreement, if the holder of any mortgage, deed of trust or other security interest creating a lien or encumbrance upon the Property or any party thereof has not thereafter timely exercised the option to construct, or if it has exercised the option and has not thereafter proceeded with construction in the manner required by this Agreement, the Seller may purchase the mortgage, deed of trust or other security interest by payment to the holder of the amount of the unpaid debt. If the ownership of the Property or any part has been vested in the holder, the Seller, if it so desires, shall be entitled to a conveyance of the Property, or any part of the Property, from the holder to the Seller upon payment to the holder of an amount equal to the sum of the following:
1. Unpaid Deed of Trust, mortgage, deed of trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection by lender and application of rentals and income received during foreclosure proceedings).
2. All reasonable expenses with respect to foreclosure.
3. The net expenses, if any (exclusive of overhead), incurred by the holder as a direct result of the Seller approved subsequent management of the Restoration Work or part thereof.
12 g) Right of Seller to Cure Mortgage, Deed of Trust or Other Security Interest Default. In the event of an uncured default by Buyer or breach of a mortgage, deed of trust or other security interest, prior to recordation of a Release of Construction Covenants on the Property, and the holder of any such security interest has not exercised its option to complete the Restoration Work, after another advance written demand to Buyer and the holder of such security interest, that the default must be cured within an additional thirty (30) days, the Seller may cure the default prior to completion of any foreclosure. In such event, the Seller shall be entitled to reimbursement from Buyer of all costs and expenses incurred by the Seller in curing the default. The Seller shall also be entitled to a lien upon the Property to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, deeds of trust or other security instruments executed for the sole purpose of obtaining funds to purchase and improve the Property as authorized herein.
h) Rights of Seller to Satisfy Other Liens on the Property After Title Passes. After the conveyance of title of the Property to Buyer, and after Buyer has had reasonable time to challenge, cure or satisfy any liens or encumbrances on the Property, or any part thereof, the Seller shall have the right to satisfy any such liens or encumbrances, provided however, that nothing in this Agreement shall require Buyer to pay or make provision for the payment of any tax, assessment, lien or charge as long as the Buyer shall in good faith contest the validity or amount thereof, and provided such delay in payment shall not subject the Property, or part thereof, to forfeiture or sale.
i) Estoppel.
Seller shall from time to time, within fifteen (15) days following the receipt of a request by Buyer or the holder of any Deed of Trust or other security interest affecting the Property, deliver to Buyer or such holder a written statement executed by Seller in form and substance reasonably satisfactory to Buyer and such holder, (i) stating that this Agreement is in full force and effect and has not been modified or amended (or if modified or amended, setting forth all modifications and amendments), (ii) stating whether or not to the best knowledge of Seller, Buyer is in default under this Agreement and if Buyer is in default, setting forth the specific nature of all such defaults, and (iii) as to any other matters reasonably requested by Buyer or such holder. Seller acknowledges that any statement delivered pursuant to this Section may be relied upon by any purchaser or owner of all or a portion of the Property and/or any improvements thereon or by the holder of such deed of trust or security interest or by any assignee of such holder or anyone claiming by, under or through such holder.
J. Declaration of Construction Covenants and Seller Option to Repurchase .
At the time of
execution of the Agreement , the Seller and Buyer shall also sign the Declaration of Construction Covenants and Seller Option to Repurchase in the form attached in Exhibit “ G” (“Declaration of Construction Covenants”). Escrow shall record the Declaration of Construction Covenants on the Property at the Closing. Following Buyer’s completi on of the Restoration Work, and after Seller’s issuance of a Certificate of Occupancy for the Historic Building , Seller shall, at Buyer’s request, execute and provide to Buyer a standard form release and reconveyance of the Declaration of Construction Covenants, which Buyer may record on the Property (“Release of Construction Covenants”). The terms and conditions i ncluded in the Declaration of Construction Covenants shall survive the Closing.
6. SUITABILITY AND CONDITION OF PROPERTY.
A. Contingency Period. It is a condition precedent to the Closing for Buyer’s benefit that Buyer has determined, on or before the date that is sixty (60) days after the Effective Date (such date herein referred to as the “ Contingency Date” and the period from the Effective Date to the Contingency Date herein referred to as the “ Contingency Period”), that the Property and Historical Building are
13 suitable for Buyer’s intended use, as determined by Buyer in its sole discretion. Seller shall deliver copies of all non-privileged documents in Seller’s possession relating to the Property or Historical Building to Buyer within twenty (20) business days after the Opening. Prior to the Contingency Date, Buyer shall determine whether the Property and Historical Building are suitable. In the event Buyer determines the Property or Historical Building is not suitable, then Buyer may terminate this Agreement unless Seller remedies the concern at its cost to the Buyer’s satisfaction.
B. Inspections, Testing and Right of Entry. Prior to Closing, Buyer may conduct, at Buyer’s sole expense, such inspections and testing of the Property, including the Historical Building or other improvements thereon, as Buyer may desire or deem appropriate, in Buyer’s sole discretion, to determine the suitability of the Property for Buyer’s intended use. All such inspections and testing of this Historical Building shall be noninvasive except as approved by Seller in writing , and the Buyer shall not cause any damage to the Property or any improvements thereon, and shall, in the event escrow fails to close, return the Property, including the Historical Building and improvements thereon, to its condition prior to Buyer’s inspections and testing; reasonable wear and tear excepted. Seller hereby grants to Buyer and its authorized employees, representatives, agents and contractors, permission and a license to enter upon the Property at all reasonable times prior to the Closing for the purpose of conducting such inspections and testing. Buyer shall indemnify, protect, defend (with l egal counsel reasonably acceptable to Seller) and hold Seller harmless from and against any and all claims, liabilities, damages, costs and expenses arising from, related to or caused by, Buyer’s entry upon the Property or the performance of any inspection or test conducted by or at the request of Buyer or its contractors or agents. The provisions in this section supersede any previous agreements between Buyer and Seller concerning access to the Property.
7. ENVIRONMENTAL RELEASE AND INDEMNITY.
A. Environmental Release. Buyer, for itself and its successors and assigns, unconditionally releases Seller from and against any and all liability to Buyer, both known and unknown, present and future, for Environmental Damages to Buyer arising out of any viol ation of Environmental Requirements or the presence of Hazardous Material on, under or about the Property (the “Environmental Release ”), except to the extent of a breach by Seller of its representations and warranties set forth in this Agreement. With resp ect to the Environmental Release, Buyer, after consultant with legal counsel and will full knowledge of the consequences of its actions, waives the provisions of California Government Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
____________________ Buyer’s Initials
B. Environmental Indemnity.
1) General. Except for a breach of Seller’s representations or warranties under this Agreement, Buyer shall defend, indemnify, and hold Seller harmless from and against all Environmental Damages arising from the presence of any Hazardous Materials at, in, on, or under the Property, or migrating off the Property (including groundwater), including without limitation: (a) all claims, lawsuits, demands, obligations, investigations, damages (including but not limited to diminution in value of property and related stigma damages, lost profits and consequential damages),
14 penalties, fines or actions by any federal, state, or local governmental agency (collectively, “Government Claims”) based on Buyer’s or Seller’s failure to remediate the Property; (b) all claims, lawsuits, demands, obligations, investigations, damages (including but not limited to diminution in value of property and related stigma damages, lost profits and consequential damages), penalties, fines or actions by owners and operators of adjacent and nearby properties or any other persons (collectively, “Third Party Claims”); (c) all claims, lawsuits, demands, liabilities, damages, losses, or judgements for personal injury or for injury to real or personal property; all claims, lawsuits, demands, obligations, investigations, damages, penalties, fines or actions by subsequent owners and operators of the Property or any lenders providing financing with respect to the Property arising from any underlying Government Claims, Third Party Claims, or other claims under (c) above.
2) Defense of Claims. Provided that Buyer accepts tender of any reasonable expense or reasonable claim by Seller without any reservation, Buyer shall have the right, in consultation with Seller, to control on behalf of Seller any and all negotiations, settlement discussions, investigations, testing, defenses, trials, actions, proceedings, hearings, additional remediation obligations, and other resolutions with all A gencies and third parties arising out of, incidental to, or in connection with Buyer’s performance of Buyer’s obligations under this Section. If Buyer does not accept a tender of any reasonable expense or reasonable claim by Seller without reservation, (except for a breach of Seller’s representation on warranties under this Agreement , Seller shall be entitled to engage in all such matters described in the preceding sentence on its own account, and shall be entitled to recover from Buyer the costs of engaging in such matters (including consultants’ fees and reasonable attorneys’ fees), provided Buyer’s denial of liability is adjudicated to be in violation of the terms hereof. Without limiting Buyer’s rights as described above, Buyer shall undertake reasonable consultation with Seller with respect to matters materially involving the Property or Seller.
C. Definitions. For purposes of Section 7 of this Agreement, the following terms have the meanings indicated.
1) “Environmental Damages” means all claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement of judgment, of whatever kind or nature, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, including without limitation reasonable attorneys’ fees and disbursements and consultants’ fees, any of which are incurred at any time as a result of the existence of Hazardous Material, prior to the Closing, upon, about, beneath the Property or migrating or threatening to migrate to or from the Property, or the existence of a violation of Environmental Requirements pertaini ng to the Property, regardless of whether the existence of such Hazardous Material or the violation of Environmental Requirements arose prior to the present ownership or operation of the Property, and including without limitation:
a) Damages for personal inj ury, or injury to property or natural resources occurring upon or off the Property, foreseeable or unforeseeable, including, without limitation, lost profits, consequential damages, the cost of demolition and rebuilding of any improvements on real property, interest and penalties;
b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such Hazardous Materials or violation of Environmental Requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation,
15 removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local government agency or economic use of the Property or any other property in a manner consistent with its current use or otherwise expended in connection with such conditions, and including without limitation any attorneys’ fees, costs and expenses incurred in enforcing this agreement or collecting any sums due hereunder;
c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (ii) herein; and
d) Diminution in the value of the Property, and damages for the loss of business and restriction on the use of or adverse impact on the marketing of rentable or usable space or of any amenity of the Property.
2) “Environmental Requirements” means all applicable present and future statutes regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including, without limitation:
a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of Hazardous Materials, chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of chemical substances, pollutants, contaminants, or hazardous or toxic substances, materials or wastes, whether solid, liquid, or gaseous in nature; and
b) All requirements pertaining to the protection of the health and safety of employees or the public.
3) “Hazardous Material” means any substance:
a) the presence of which requires investigation or remediation under any federal, state or local statute, regulation, ordinance, order, action, policy or common law; or
b) which is or becomes defined as a “hazardous waste,” “hazardous substances,” pollutant or contaminant under any federal, state or local statute, regulation, rule or ordinance or amendments thereto including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 et seq.); and/or the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); or
c) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of California or any political subdivision thereof; or
d) the presence of which on the Property poses or threatens to pose a hazard to the health or safety of persons on or about the Property; or
16 e) which contains petroleum, petroleum products or other hydrocarbon substances; or
f) which contains polychlorinated biphenyls (PCB’s), asbestos, urea formaldehyde foam insulation or radon gas.
D. Commitments Survive Closing. The waivers, releases, and obligations of the Parties in this section shall survive the Closing.
8. BUYER’S ACKNOWLEDGMENT AND GENERAL RELEASE.
A. “AS-IS” Sale . Buyer acknowledges and agrees that Buyer is purchasing the Property , the Historical Building, and all other improvements in its “AS -IS” condition, without representation or warranty, express or implied, except as set forth in this Agreement or in the Grant Deed; provided, however, that the foregoing shall not relieve Seller from its obligations under applicable law to disclose material facts about the Property known to Seller.
B. Waivers and Releases. Except with respect the obligations set forth herein, upon the Closing the Parties hereby waive to the maximum legal extent any and all claims, remedies and causes of action for damages, liabilities, losses or injuries related to Buyer’s acquisition of the Property or Seller’s sale of the Property, whether known or unknown, foreseeable or unforeseeable. Each Party, on behalf of itself and its successors and assigns, hereby fully releases the other Party and each of their respective successors, agents, representatives and assigns from all claims and causes of action by reason of any damage which has been sustained, or may be sustained, as a result of Buyer’s purchase of the Property or Seller’s sale of the Property.
C. California Civil Code Section 1542. The waivers and releases as between the Parties shall include a waiver of the protections of Civil Code Section 1542. Each Party hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel regarding, and represents and warrants that it is familiar with the provisions of, California Civil Code Section 1542, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Each Party acknowledges that with respect to the sale of the Prope rty to Buyer, each Party may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expenses which may have been sustained, may give rise to additional damage, loss, costs or expenses in the future. Nevertheless, each Party hereby acknowledges, represents and warrants that this Agreement has been negotiated and agreed upon in light of that situation, and hereby waives, to the maximum legal extent, any rights accruing to it under Section 1542 or other statute or judicial decision of similar effect.
Seller’s Initials _______________ ____________Buyer’s Initials
17 D. Commitments Survive Closing. The waivers, releases, and obligations of the Parties in this section shall survive the Closing.
9. REPRESENTATIONS. Seller and Buyer acknowledge that neither the Party is relying upon any representations or warranties other than those set out in this Agreement, and that the representations and warranties set out in this Agreement constitute all of the representations and warranties of the Parties in regard to this transaction.
A. Seller’s Representations. Seller represents and warrants to Buyer as follows: (1) Except as otherwise provided in this Agreement, there are no physical or legal facts, circumstances, problems or governmental actions known to Seller with respect to the Property which, if disclosed to Buyer, would materially or adversely impact decisions regarding acquisition and development of the Property ; (2) Seller has no knowledge of any violations of governmental codes, ordinances, regulations or orders with respect to the Property; (3) Seller has duly authorized, executed and delivered this Agreement and Seller has or will authorize, execute and deliver, within the times set forth therefore in the Schedule of Performance any and all other agreements and docume nts required to be authorized, executed and delivered by Seller in order to carry out, give effect to and consummate the transaction contemplated by this Agreement; and (4) Each of the foregoing items (1) through (3) shall be deemed to be an on- going representation and warranty and shall survive in perpetuity. Seller shall advise Buyer in writing, if there is any change pertaining to any matters set forth or referenced in the foregoing items (1) through (3).
B. Buyer’s Representations. Buyer represents and warrants to Seller as follows: (1) Immediately
following the approval of this Agreement by Seller, Buyer will commence work on the Work Applications and will diligently pursue the Restoration Work to completion in accordance with the Schedule of Performance; (2) Buyer has duly authorized, executed and delivered this Agreement and Buyer has or will authorize, execute and deliver, within the times set forth therefore in the Schedule of Performance any and all other agreements and documents required to be authorized, executed and delivered by Buyer in order to carry out, give effect to and consummate the transaction contemplated by this Agreement; (3) Neither this Agreement nor anything provided to be done hereunder by Buyer violates or shall violate any contrac t, agreement, or instrument to which Buyer is a party ; (4); This Agreement is a valid and binding agreement enforceable against Buyer in accordance with its terms, subject to laws relating to bankruptcy and creditor’s rights and generally applicable equita ble principles; ( 5) There is no suit, legal action, administrative arbitration or other proceeding or governmental investigation process which has been served upon Buyer or, which to Buyer’s best knowledge, is otherwise pending or threatened against Buyer in which any party is making or has made a claim or defense that, if sustained, would materially and adversely affect the performance of Buyer under this Agreement or materially and adversely interfere with the ability of Buyer to consummate the transactions contemplated herein; (6) Buyer possesses adequate financial resources and capacity, necessary franchises, and has the skill and experience to acquire the Property and complete the Restoration Work that is contemplated by this Agreement; ( 7) Buyer is entering into this Agreement with the purpose and intent to complete the Restoration Work and thereafter keep and abide by the Conservation Easement, and not for speculation in land holding or land banking or with the intention of demolishing the Historical Building through either action or inaction; (8) Buyer recognizes the fact that the qualifications and identity of Buyer are of particular concern to Seller and that it is because of such qualifications and identity that Seller is entering into this Agreement with Buyer; and (9) Each of the foregoing items (1) through (8) shall be deemed to be an on-going representation and warranty.
Buyer shall advise the Seller in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items (1) through (8).
18 10. TERMINATION, DEFAULTS AND REMEDIES.
A. Termination for Convenience. In the event this Agreement and Escrow is terminated by either Party for convenience on the grounds permitted in this Agreement, then the Party so terminating shall pay all Title Company termination fees and charges, if any (collectively, “ Termination Costs”) and the Deposit shall be returned to Buyer minus any Termination Costs due by Buyer. Upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for the obligation of Party so terminating to pay Termination Costs as provided herein, shall cease and terminate.
B. Enforcement of Buyer Breach; Seller Remedies
1) Breach Prior to Closing . In the event the Buyer breaches any obligation hereunder which Buyer is to perform prior to the Closing, and fails to cure such breach within 14 days after receipt of written notice from Seller, then, in addition to pursuing any other rights or remedies which Seller may have at law or in equity, Seller may terminate this Agreement and Escrow by giving notice, in writing, of such termination to Buyer and Title Company. In such event, the Deposit shall be paid to Seller as liquidated damages for Buyer’s failure to purchase the Property, as Seller’s sole and exclusive remedy, and Buyer shall be liable for Termination Costs which shall be paid directly by Buyer into Escrow with Seller retaining the entire Deposit.
IF CLOSING FAILS TO OCCUR SOLELY BECAUSE OF BUYER’S DEFAULT ,
SELLER WILL BE DAMAGED AND WILL BE ENTITLED TO COMPENSATION FOR
THOSE DAMAGES, BUT SUCH DAMAGES WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. BUYER DESIRES TO LIMIT THE AMOUNT OF
DAMAGES FOR WHICH BUYER MIGHT BE LIABLE SHOULD BUYER BREACH THIS AGREEMENT. BOTH BUYER AND SELLER WISH TO AVOID THE COSTS AND
LENGTHY DELAYS THAT WOULD RESULT IF SELLER FILED A LAWSUIT TO COLLECT ITS DAMAGES FOR A BREACH OF THIS AGREEMENT. IF CLOSING FAILS TO OCCUR BECAUSE OF BUYER’S DEFAULT, THEN THE DEPOSIT SHALL BE DEEMED TO CONSTITUTE A REASONABLE AND FINAL ESTIMATE OF SELLER’S
DAMAGES AND SHALL BE RETAINED BY SELLER AS LIQUIDATED DAMAGES AS SELLER’S SOLE AND EXCLUSIVE REMEDY FOR BREACHES OF THIS AGREEMENT.
SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND
THE PROVISIONS OF THIS SECTION AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.
THE PARTIES ACKNOWLEDGE THAT THE PAYMENT OF SUCH LIQUIDATED
DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369, BUT IS INTENDED
TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. THIS SECTION S HALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
19 THIS SECTION SHALL APPLY ONLY TO BREACHES OF THIS AGREEMENT, AND SHALL NOT OPERATE TO LIMIT OR OTHERWISE RESTRICT THE PARTIES’ RIGHTS AND REMEDIES RELATING TO THE DISPUTE.
__________________ ___________________
BUYER’S INITIALS SELLER’S INITIALS
2) Breach After Closing and Prior to Certificate of Occupancy for Historical Building; Seller Option to Repurchase . In the event Buyer, after Closing and prior to Seller’s issuance of a certificate of occupancy of the Historic Building , breaches any obligation under this Agreement , the Grant Deed, Conservation Easement , or the Declaration of Construction Covenants , specifically including but not limited to failing to commence, diligently pursue without interruption, and complete the Restoration Work by the deadline established in the Schedule of Performance , and Buyer fails to cure such breach within thirty (30) days after receipt of written notice from Seller, or if the cure takes longer than thirty (30) days, if Buyer fails to commenc e to cure such breach and diligently pursue without interruption until remedied, then, in addition to pursuing any other rights or remedies which Seller may have at law or in equity, Seller may, at Seller’s option, exercise Seller’s right to repurchase the Property set forth in the Declaration of Construction Covenants by giving notice, in writing, of such election to Buyer in the manner specified therein.
C. Seller’s Breach. In the event Seller breaches any material obligation hereunder which Seller is to perform prior to the Closing , and fails to cure such breach within 14 business days after receipt of written notice from Buyer , then, as Buyer’s exclusive remedies for a breach by Seller of this Agreement, Buyer may , at Buyer’s option, (i) terminate this Agreement and the Escrow by giving notice, in writing, of such termination to Seller and Title Company, or (ii) initiate an action for specific performance of this Agreement. Should Buyer elect to terminate this Agreement and the Escrow due to Seller’s uncured breach as provided herein, then the Deposit and any other amounts deposited by Buyer on account of the Purchase Price shall be returned to Buyer, and upon such termination, all obligations and liabilities of the Parties under this Agreement, excepting for Seller’s obligation to pay Termination Costs as provided herein, shall cease and terminate.
D. Return of Funds and Documents; Release of Liability as to Title Company . In the event Title Company terminates this Escrow as a result of having received notice, in writing, from Buyer or Seller of its election to terminate the Escrow as provided herein, then Title Company shall terminate the Escrow and return all funds, less Termination Costs as appropriate, as set forth in this Section 10.
Any documents in the possession of the Title Company shall be returned to the Party who deposited those documents into Escrow. Further, the Parties hereby release Escrow Holder, and shall hold Escrow Holder free and harmless, from all liabilities associated with such termination excepting for Escrow Holder’s obligations to return funds and documents as provided herein.
11. INDEMNITY. Buyer shall indemnify, hold harmless and defend Seller (with legal counsel of Seller’s choice), its agents, officers, and employees from any claim, action, proceeding or damages against Seller, its agents, officers, or employees to attack, set aside, void, or annul th is Agreement, approval by Seller of this Agreement, or Seller’s approval of issuance of any permits or other approvals for the Restoration Work. Buyer’s obligations under this section shall survive the Closing.
12. NOTICES AND DEMANDS . All notices or other communications required or permitted between the Parties hereunder shall be in writing, and shall be (i) personally delivered, (ii) sent by United States registered or certified mail, postage prepaid, return receipt requested or (iii) sent by nationally recognized overnight courier service (e.g., Federal Express or United Parcel Service),
20 addressed to the Party to whom the notice is given at the addresses provided below, subject to the right of any Party to designate a different comple te address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the third business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail, such as notices delivered by personal delivery or courier service, shall be deemed given upon receipt, rejection or refusal of the same by the Party to whom the notice is given. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice or other communication sent.
To Seller: City of Buena Park
Buena Park City Hall
ATTN: City Manager
6650 Beach Boulevard
Buena Park CA 90622
With Copy To: Christopher G. Cardinale, City Attorney
ALVAREZ-GLASMAN & COLVIN
13181 Crossroads Pwky North – Suite 400
City of Industry, CA 91746
Email: [email protected]
To Buyer: S.J.&P. ASSOCIATE, LLC
ATTN: Juli Y. Kang, Manager
12215 Via Santa Marta
Sylmar, CA 91214
13. MISCELLANEOUS.
A. Prohibition Against Transfer, Change in Ownership, Management and Control of Buyer. The qualifications and identity of Buyer and Buyer’s intended use of the Property are of particular concern to the Seller. It is because of those qualifications, identity, and purpose that Seller has entered into this Agreement with Buyer. No voluntary successor in interest of Buyer shall acquire any rights or powers under this Agreement, except as expressly set forth herein, and Buyer shall not assign this Agreement or any part thereof without the prior written approval of the Seller, which approval may be withheld in the sole and absolute discretion of the Seller. This covenant shall survive the Closing and expire upon Release of the Declaration of Construction Covenants.
B. Conflicts of Interest. No member, official or employee of Seller shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. No member, official or employee of the Seller shall be personally liable to Buyer , or any successor in interest, in the event of any default or breach by the Seller, or for any amount which may become due to the Buyer or successor or on any obligations under the terms of this Agreement. The Buyer warrants that it has not paid or given, and will not pay or give, any third person any money , campaign cont ribution, or other consideration for obtaining this Agreement, nor provided any gift, contribution, income, or other benefit to an official or employee of the Seller that creates a conflict of interest under California law, except to the extent such confli ct was disclosed on the record and avoided (e.g. through the non- participation of the recipient official) in the manner required by law.
21 C. Brokers and Sales Commissions . Seller has not engaged any real estate broker or agent with respect to this Agreement. If Buyer does engage a real estate broker or agent in connection with marketing or soliciting interest in the Property, Buyer shall be responsible for all fees, commissions, costs and expenses of any broker, and shall indemnify, protect, defend and hold ha rmless Seller and its successors hereunder from and against any and all claims, liabilities, obligations, losses, damages, costs and expenses, including, without limitation, reasonable attorney’s fees, court costs and litigation expenses, arising from or in connection with any sales or brokerage commissions, finder’s fees or other commissions which are (or are claimed to be) payable in connection with the transaction which is the subject of this Agreement by reason of the actions (or alleged actions) of Buyer.
D. Survival of Covenants . Except as otherwise expressly provided herein, the covenants, representations and warranties of both Buyer and Seller set forth in this Agreement , the Grant Deed, Declaration of Construction Covenants, and Conservation Easement shall survive their recordation and the Closing.
E. Required Actions of Buyer and Seller. Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be reasonably required in order to consummate the purchase and sale herein contemplated and shall use commercially reasonable efforts to accomplish the Closing in accordance with the provisions hereof.
F. Time of Essence. Time is of the essence of each and every term, condition, obligation and provision hereof in which time is a factor. If the date for performance of any obligation hereunder or the last day of any time period provided for herein shall fall on a Saturday, Sunday or legal holiday, then said date for performance or time period shall expire on the first day thereafter which is not a Saturday, Sunday or legal holiday.
G. Counterparts. This Agreement may be executed in multiple counterparts and delivered as originals, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
H. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the Parties, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.
I. No Obligations to Third Parties . The execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the Parties to, any person or entity other than the Parties and, to the extent this Agreement constitutes escrow instructions, the Title Company.
J. Exhibits and Attachments. The Exhibits attached hereto are hereby incorporated herein by this reference.
K. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.
L. Applicable Law. All questions with respect to this Agreement, and the rights and liabilities of the Parties and venue hereto, shall be governed by the laws of the State of California. Any and all legal actions sought to enforce the terms and provisions of the Agreement shall be brought in the superior court of the County of Orange.
22 M. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties hereto.
N. Severability. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected.
O. Construction. This Agreement will be liberally construed to effectuate the intention of the Parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein w ill be construed or resolved against either Party (including the Party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the Parties have partic ipated equally or have had equal opportunity to participate in the drafting thereof.
P. Legal Fees. Each Party shall be responsible for payment of its own attorney’s fees with respect to negotiation and preparation of this Agreement and processing of the E scrow. However, if either Party to this Agreement shall breach its representations or warranties hereunder or shall fail to fulfill or perform any of its covenants or obligations in this Agreement and a legal action is commenced, the non-prevailing party sha ll pay the costs of litigation, including, without limitation, reasonable attorneys' fees and expert witness fees, that may be incurred to enforce the terms, covenants, conditions and provisions of this Agreement, or to prove that no breach or misrepresentation occurred.
Q. Fees and Other Expenses . Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Agreement and satisfying their respective conditions or obligations precedent to the Closing.
R. Entire Agreement . This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promis e made by either Party hereto, or by or to an employee, officer, agent or representative of either Party, shall be of any effect unless it is in writing and executed by the Party to be bound thereby.
S. Amendments to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the Parties hereto.
T. No Partnership, Third Person. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Seller and Buyer except as specifically provided herein. No term or provision of this Agreement is intended to benefit any person, partnership, corporation or other.
[signature page follows]
23 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by and through their duly authorized representatives as of the date of the last of their signatures below.
BUYER: SELLER:
S. J. & P. ASSOCIATE, LLC
By: _______________________
Juli Y. Kang,
Manager
CITY OF BUENA PARK, a California
municipal corporation
By: ________________________
Aaron France,
City Manager
APPROVED AS TO FORM:
By: ________________________
Christopher G. Cardinale,
City Attorney
24 ALL PURPOSE ACKNOWLEDGMENT (BUYER)
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ___________________, before me, ____________ _____, Notary Public, personally appeared ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
25 ALL PURPOSE ACKNOWLEDGMENT (SELLER)
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ___________________, before me, ____________ _____, Notary Public, personally appeared ________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
26 Purchase and Sale Agreement - Exhibit “A”
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Buena Park, County Orange, State of California, descried as follows:
LOTS 7 AND 8 IN BLOCK 1, OF E.E. THURMAN’S ADDITION TO BUENA PARK, CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 276-291-24
27 Purchase and Sale Agreement - Exhibit “B”
DESCRIPTION OF HISTORICAL BUILDING
BUILDING HISTORY: The Buena Park Women’s Club was established in 1889 and became a member of the General Federation of Women’s Club in 1919. The Wom en’s Club building was constructed at its current location in 1931 with funds raised by members. The original use of the building was a place of community gathering for women to socialize and provide community events. In more recent years, as the Women’s Club participation waned the building was leased out for use by other organizations and private functions and the proceeds were donated to charity. In 2013 the building was donated to the city of Buena Park.
CURRENT BUILDING INFORMATION: The Property sits at the North East corner of Beach Boulevard and 11th Street, and the front of the building, with the main entry, faces Beach Boulevard . The rear of the building sits along an alley with an approximately 22-foot deep paved area for loading.
The building consists of approximately 3,395 square feet of total interior space which includes a main assembly room (1,886 square foot) that can be partitioned off to create a smaller separate room (630 square foot). At the rear of the main room is a raised stage (432 square feet). Off the south side of the main room is a kitchen are a (318 square feet) that consists of cabinets, a sink, counter space, pantry and a service counter to the main room.
Also, off the main room are two single use restrooms (total 282 square feet). Off the south side of the stage are two restrooms that have a floor height equal to that of the main room (total 194 square feet).
The interior of the main room has a vaulted ceiling with a peak at 20-feet above floor level. Across the width of the main room and over the stage area are large exposed roof trusses. The area of the main roof that can be partitioned off along the East front end of the building has a flat ceiling at about 14 -feet high above the floor.
The other accessory areas have 8-foot ceilings. Interior finishes include wood plank floor in the main room with plaster walls and ceiling, wood plank flooring at the stage, vinyl flooring in the kitchen with tile countertops and backsplash, and tile flooring in the restrooms. The interior doors are wood and exterior doors and windows are wood frame with single pane glazing.
The exterior of the building is a Spanish Revival architectural style and consists of textured plaster walls and red barrel tile roof. Some features include a thickened wall arched entry porch with an arched front window. Other windows and door contain divided glazing. The condition of the building is in moderate disrepair and does not contain modern mechanical, electrical, or plumbing.
HISTORICAL SIGNIFICANCE: Due to the historic nature, the prominence of the building within the Buena Park community, and the Spanish Revival architecture, the following historic elements shall be preserved in any improvements done to the building:
Exterior:
Maintain textured exterior plaster finish
Maintain clay terracotta barrel tile roofing
Maintain thickened arch wall entry area and heavy
wood entry door.
Maintain wood framed windows/doors with
divided glazing. Windows/doors may be upgraded
to a current product that provides better energy
efficiency.
Maintain white plaster color with red tile roofing.
Maintain or replace the front façade arched
window.
Interior:
In main space maintain open ceiling up to exposed
trusses.
Maintain painted plaster walls, no use of wall
treatments such a wallpaper. Special wall
treatments specific to a use may be considered.
28 Purchase and Sale Agreement - Exhibit “C”
RESTORATION PLAN
REQUIRED IMPROVEMENTS. The Restoration Work shall include the following improvements, in addition to those required by the City as a condition precedent to building permit issuance, or required by virtue of Buyer’s intended use of the Property and Historic Building:
(a) Accessibility Access: The building does not currently have an accessible path of travel from the public right-of-way to any entry point due to the lack of a ramp to provide accessible access to an entry point that sits about 18-inches above grade. An ADA-complaint ramp shall be provided in an appropriate location with options being at the main entry facing Beach Boulevard, at the south entry in the “entry court” that faces 11th street, or along the north side of the building in the side yard area.
(b) Parking / Accessible Parking: The building does not have any striped parking stalls , and ADA- complaint parking shall be provided. There is an area at the rear of the building that is currently striped as a loading zone and could be restriped as parking. This area may fit one van accessible parking stall, and three additional regular stalls for a total of four parking stalls accessed off the adjacent alley.
(c) Ingress / Egress Improvements: At the required entry and exit points of the building improvements shall be made to meet current code requirements. This includes proper thresholds & door hardware. Door hardware may vary depending on the proposed use of the building.
(d) Restroom Improvements: The two single use restrooms shall be improved to meet current accessibility codes. Improvements include removing the dedicated toilet room and reconfiguring the restroom space to meet a single use ADA compliant space. This work could be done without additional floor space being required. The total number of restroom fixtures required is dependent on the building occupancy classification and use of the building.
(e) Kitchen Area: In general, no upgrades are required, but upgrades may be considered if the space is to become more functional. If a full -service restaurant or extensive kitchen use is desired, extensive improvements would be required to provide for a commercial food service space.
(f) Stage Area: The stairs to the stage area do not meet code requirements for accessibility or egress.
If the stage is to be considered usable space, at minimum the stairs at each side of the stage must be reconstructed to meet code requirements for stairs.
(g) Stage Side Rooms: These rooms consist of a storage area and toilet room. If to be considered usable space these rooms must have code compliant stairs down into them and the toilet room should be removed.
(h) HVAC Improvements: The space should be retrofitted with new HVAC equipment & ducting for heating and cooling. A split HVAC system would be appropriate. Space within the existing building can be dedicated for a new forced air unit with space at exterior for a dedicated condensing unit.
New ductwork should be provided through-out the space.
(i) Electrical Improvements: The building electrical panel is outdated and should be upgraded to a minimum 200-amp panel. The wiring and outlets should also be inspected, and any deficiencies should be corrected to meet current code. New lighting using LED lamps should be installed with
29 additional lights added based on the specific use of the building. New exterior lighting should be added at all ingress/egress points.
(j) Roof Repair: The roof shall be evaluated by the licensed contractor to determine the extent of the roof repair required. The terracotta barrel tile roofing must be preserved to the extent possible as part of any roof repair or replacement. Any replacement roofing shall match the style and material of the existing roof.
(k) General Maintenance Repairs: General interior and exterior maintenance repairs should made as needed including but not limited to flat work repair, stucco repair, gutter repair, wood rot repair, painting, plaster repair, flooring repair & refinishing, upgraded finishes and fixtures.
(l) Landscaping: New planting should be provided at existing planting areas along the East front yard and west side and courtyard of the building. The existing tree in the front yard area may be removed if it is determined that the tree is causing structural damage to the building foundation. An irrigation system should be installed for any new planting areas.
(m) Exterior Stairs (Building Rear): Renovate exterior stairs at rear of building to meet code.
(n) Insulation: Provide appropriate insulation at walls and roof if no other insulation exists.
HISTORICAL PRESERVATION REQUIREMENTS. The Restoration Work shall, as applicable, preserve or shall be completed in consideration of the following historical elements regardless of Buyer’s use of the Property or Building:
(a) No Destruction of Building; preservation of historical elements: No portion of the building shall be demolished or destroyed, except to the extent expressly authorized i n a building permit issued by the City for Rehabilitation Work, and in all such cases the historical elements, features, and/or characteristics of the building shall be retained, or recreated to the extent the original form is unsalvageable or requires replacement.
(b) Exterior Requirements:
1) Maintain textured exterior plaster finish
2) Maintain clay terracotta barrel tile roofing
3) Maintain thickened arch wall entry area and heavy wood entry door. 4) Maintain wood framed windows/doors with divided glazing. Windows/doors may be upgraded to a current product that provides better energy efficiency provided the exterior has a wood- look finish.
5) Maintain white or off-white plaster color with red tile roofing. 6) Maintain or replace the front façade arched window.
(c) Interior Requirements:
1) The ceiling in the main space shall remain open and the heavy timber trusses shall remain exposed.
2) Painted plaster walls shall be maintained, and there shall be no use of wall treatments such a wallpaper. Special wall treatments specific to a use may be considered. 3) Wood flooring shall be maintained.
30 Purchase and Sale Agreement - Exhibit “D”
CONSERVATION EASEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO, AND
MAIL TAX STATEMENTS TO:
City of Buena Park
Attn: DIRECTOR OF COMMUNITY
DEVELOPMENT
6650 Beach Boulevard
Buena Park, CA 90622
Assessor’s Parcel No.: 276-291-24
This CONSERVATION EASEMENT (“Conservation Easement”) is entered into as of this ___ day of _____, 2024 (“Effective Date”), by and between the CITY OF BUENA PARK, a California municipal corporation (“City ,” or at times herein “Holder”), and S. J. & P. ASSOCIATE, LLC, a California limited liability corporation (“Developer ,” or times herein “Owner”) , with reference to the following facts:
RECITALS
A. By way of that certain Agreement for the Purchase and Sale of Real Property dated ________________, 2024 (the “Purchase Agreement,” a copy of which may be obtained from “City Offices,” as defined in Section 2(a) below), City agreed to sell to Developer and Developer agreed to purchase from City that certain real property located at 6711 Beach Boulevard, Buena Park, California (APN 276-291-24) and legally described in Exhibit “A” hereto, together with all improvem ents existing thereon (the “Property”). Title to the Property was transferred by City to Developer by that certain grant deed recorded by Instrument No. _____ in Official Records for the County of Orange (“Grant Deed”) on _____________, 2024 (“Sale Date”).
B. The Property is improved with a building of historical significance to City, its residents, and the broader community that is commo nly known as the Buena Park Woman’s Club Building (hereinafter the “Historical Building” as further defined in Section 2(a) below), and in the Grant Deed the City expressly reserved a conservation easement for the Property pursuant to Section 815 et seq . of the California Civil Code for purposes of preserving in perpetuity the historical value of the Historical Building.
C. As a portion of the consideration paid by Developer to City in exchange for the Property , Developer agreed to grant to City a conservation easement pursuant to Section 815 et seq. of the California Civil Code for purposes of preserving in perpetuity the historical value of the Historical Building.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is expressly acknowledged, and intending to be legally bound, City and Developer (individually hereinafter at times a “Party” and jointly the “Parties”) agree as follows:
1. PURPOSE. The purposes of this Conservation Easement are to ensure the Historical Building and the “Historical Features” (as defined in Section 2(b) below) thereof will be retained forever in the original, restored, or enhanced historical condition, as applicable and discussed further herein, and to
31 prevent any use of the Property or Historical Building that will impair or interfere with its historical value.
Holder and Owner intend for this Conservation Easement to confine the use of the Property and Historical Building to uses or activities that are consistent with this purpose.
2. HISTORICAL BUILDING AND FEATURES.
(c) Historical Building. The Historical Building was built in 1931 and comprises 3,395 square feet of total interior space, featuring wood finishing and vaulted ceilings with exposed wood trusses, and exteriors consistent with the Spanish Revival architectural stylings and arched front windows, textured plaster walls , and red barrel wall tiles. The background, history, historical significance, and historical features of the Historical Building are more fully described in that certain report prepared by Oldham Architects titled City of Buena Park Woman’s Club Building Use and Improvement Analysis dated October 4, 2019 (“Report”), a copy of which is on file in the Offices of the Buena Park Community Development Department located inside Buena Park City Hall at 6650 Beach Boulevard, Buena Park, California (“City Offices”), and the contents of which are incorporated fully herein by this reference.
(d) Historical Features. The following exterior and interior features of the Historical Building are particularly significant and are more fully described in the Report (“Historical Features”):
(1) Exterior. The exterior Historical Features of the Historical Building are: textured plaster finish on exterior walls; clay terracotta barrel tile roofing ; thickened arch wall entry area ; heavy wood entry door; wood framed windows and doors with divided glazing (provided that windows / doors may be upgraded to energy efficient product with wood-finish appearance); white or off-white plaster color with red tile roofing; retain and preserve (or replace if destroyed) front façade arched window.
(2) Interior. The interior Historical Features of the Historical Building are: vaulted ceilings and exposed wood tresses in the main space (approx. 1,886 square feet); wood- plank flooring; painted plaster walls ; wall treatments (such as wallpaper ) are prohibited absent special approval from Holder.
3. PROHIBITED USES. Any activity on or use of the Property or Historical Building that is inconsistent with the purpose of this Conservation Easement is prohibited. Without limiting the generality of the foregoing, the following uses and activities by Owner, Owner’s agents, and third-parties are expressly prohibited:
(a) No portion of the Historical Building shall be demolished or destroyed, and no portion of the Historical Building shall be improved, replaced, repaired, modified, or altered unless the scope of work is: consistent with the purposes of this Conservation Easement ; approved by Holder in writing; and is authorized in a building permit issued by City , in its regulatory capacity. In all such cases the Historical Features of the Historical Building shall be maintained, preserved, or retained in the original historical form, or enhanced by rehabilitation or reproduction to the original historical form the extent the original is unsalvageable with reference to industry-standard historical preservation practices.
(b) The Historical Building and Historical Features shall not be permitted to spoil or fall into a state of disrepair due to the failure to perform any ordinary or extraordinary maintenance or repairs.
(c) Any use or activity that violates , conflicts, or fails to comply with any federal, state, or local laws, regulations, or policies , including but not limited to local land use plans or zoning codes, applicable to Owner, the Property, the Historical Building, or the use or activity in question, is prohibited.
32 4. OWNER DUTIES. To accomplish the purposes of this Conservation Easement, Owner and its successors and assigns shall:
(a) Undertake all actions reasonably necessary to prevent uses or activities which may degrade or harm the Historical Building or Historical Features or that are otherwise inconsistent with this Conservation Easement.
(b) Undertake all actions reasonably necessary to effectuate and carry out the purposes of this Conservation Easement, including but not limiting to maintaining, preserving, or retaining in the Historical Features in their original , restored, or reproduced historical form, as applicable, and t imely perform any ordinary and extraordinary maintenance or repairs that are necessary to protect and preserve the Historical Building and Historical Features.
(c) Undertake all reasonably necessary actions to perfect and defend Holder’s rights under this Conservation Easement
(d) Use, manage and maintain the Property in compliance with applicable federal, state, and local laws, regulations and policies, including but not limited to local land use, zoning, and building codes.
(e) Pay before delinquency all taxes, assessments (general and special), fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively "Taxes"), including any Taxes imposed upon, or incurred as a resul t of this Conservation Easement, and furnish Holder with satisfactory evidence of payment upon request.
(f) Keep the Property free from any liens (other than a security interest that is expressly subordinated to this Conservation Easement), including those arising out of any obligations incurred by Owner for any labor or materials furnished or alleged to have been furnished to or for Owner at or for use on the Property.
(g) Bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property and Historical Building. Owner agrees that Holder shall have no duty or responsibility for the operation, upkeep or maintenance of the Property or Historical Building, the monitoring of its condition, or the protection of Ow ner, the public, or any third parties from risks relating to conditions on the Property.
(h) Be solely responsible for obtaining any applicable governmental permits and approvals required for any activity or use permitted by this Conservation Easement; including permits and approvals required from City, acting in its regulatory capacity.
(i) Maintain exterior areas of the Property which are subject to public view ( e.g.: all improvements, paving, walkways, landscaping, and ornamentation) in good repair and in a neat, clean and orderly condition, ordinary wear and tear excepted. Such maintenance obligations include, without limitation: (i) maintaining windows, roofing, structural elements, and painted exterior surface areas in a clean and presentable manner; (ii) removing graffiti within 72 hours of becoming aware of its application; (iii) keeping common areas free of accumulated debris, appliances, inoperable motor vehicles or motor vehicle parts, or storage of lumber, building materials or equipment not regularly in use on the Property; (iv) maintaining, replacing and renewing landscaping in a reasonable condition free of weed and debris; and (v) using parking areas on the Property exclusively for the parking of motor vehicles.
(j) Maintain insurance providing coverage for the Property and all improvements on or to the Property against loss, damage, or destruction by fire and other hazards encompassed under the broadest
33 form of property insurance coverage then customarily used for like properties in the County of Orange, excluding earthquake coverage, in an amount equal to one hundred percent (100%) of the replacement value (without deduction for depreciation) of all improvements (excluding excavations and foundations) and in any event sufficient to avoid co-insurance and with no co-insurance penalty provision, with "ordinance or law" coverage. To the extent customary for like properties in the County of Orange at the time, such insurance shall include coverage for explosion of steam and pressure boilers and similar apparatus located on the Property; an "increased cost of construction" endorsement; and an endorsement covering demolition and cost of debris removal, all subject to policy sublimits. Property insurance shall also include rental or business interruption insurance in an amount, at least, equal to the average annual gross income from the Property for the preceding three (3) calendar years and providing for a 12- month extended period of indemnity.
5. OWNER’S RESERVED RIGHTS. Owner reserves to itself, and to its representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose s of this Conservation Easement. Without limiting the generality of the foregoing, the following rights are expressly reserved:
(a) Lawful uses of the Property that are permitted by local land use plans, zoning codes, and regulations.
(b) The right to restore damage to the Property or Historical Building that may be caused by fire, flood, storm, earth movements, or acts beyond Owner’s control.
(c) The right to maintain all existing structures or improvements lawfully erected and maintained upon the Property.
(d) The right to perform all acts and obligations necessary to carry out the rights, limitations, and obligations of this Conservation Easement.
6. HOLDER’S RIGHTS. To accomplish the purpose of this Conservati on Easement, the following rights are reserved by Holder, or otherwise conveyed to Holder by Owner:
(a) To preserve and protect the Historical Building and Historical Features.
(b) To enter upon the Property and the interior areas of the Historical Building at reasonable times in order to monitor Owner’s compliance with and otherwise enforce the terms of this Conservation Easement, or for the purpose of study and to make academic observations; provided that such entry shall be upon prior reasonable notice to Owner , and Holder shall not unreasonably interfere with Owner’s use and quiet enjoyment of the Property.
(c) To allow, at such times as the Owner shall deem reasonable and appropriate, the visiting or viewing of the Property and Historical Building by the pu blic and by public educational institutions (under such circumstances and according to such rules as Holder shall from time to time establish and modify and are acceptable to Owner).
(d) To prevent any activity on or use of the Property or Historical Building that is inconsistent with the purpose of this Conservation Easement and to require the restoration of the Historical Features or the Historical Building that may be damaged by any inconsistent activity or use.
34 (e) To place signs on the Property which identify the land as being protected by this Easement or providing public information about the Historical Building. The number, location, and design of the signs are subject to Owner’s reasonable approval.
(f) To enforce the terms and conditions of this Conservation Easement through any lawful means, including but not limited to injunctive relief, whether temporary or permeant, or an action for specific performance, or as described in Section 6 hereof.
6. REMEDIES AND ENFORCEMENT.
(a) Enforcement. If Holder determines that a violation of this Conservation Easement has occurred or is threatened, Holder shall give written notice to Owner of such violation and demand in writing the cure of such violation (“Notice of Violation”). If Owner fails to cur e the violation within thirty (30) days after receipt of a Notice of Violation, or if the cure reasonably requires more than thirty (30) days to complete and Owner fails to begin the cure within the thirty (30)- day period or fails to continue diligently to complete the cure, Holder may bring an action at law or in equity in a court of competent jurisdiction for any or all of the following: to recover damages for any injury to the Conservation Easement or to the historical interests being protected thereby or for the violation of the terms here of (in assessing such damages there may be taken into account, in addition to the cost of corrective action, restoration and other usual rules of the law of damages, the loss of scenic, aesthetic, or historical value to the Historical Building and/or Historical Features) ; to enjoin the violation, ex parte as necessary, by temporary or permanent injunction without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies; to pursue any other legal or equitable relief, including but not limited to, the restoration of the Historical Building to the condition in which it existed prior to any violation or injury; or to otherwise enforce this Conservation Easement.
(b) If Holder, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate injury to the historical value of the Property, Holder may pursue its remedies under this Conservation Easement without prior notice to Owner or without waiti ng for the period provided for cure to expire. Holder’s rights under this section apply equally to actual or threatened violations of this Conservation Easement. Owner agrees that Holder’s remedies at law for any violation of this Conservation Easement are inadequate and that Holder shall be entitled to the injunctive relief described in this section, both prohibitive and mandatory, in addition to such other relief to which Holder may be entitled, including specific performance of this Conservation Easement, without the necessity of proving either actual damages or the inadequacy of otherwise available legal remedies. Holder’s remedies described in this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including but not limited to the remedies set forth in California Civil Code Section 815, et seq. The failure of Holder to discover a violation or to take immediate legal action shall not bar Holder from taking such action at a later time.
(c) Costs of Enforcement. All costs incurred by Holder, where Holder is the prevailing party, in enforcing the terms of this Conservation Easement against Owner, including, but not limited to, costs of suit and attorneys' and experts' fees, and any costs of restor ation necessitated by negligence or breach of this Conservation Easement, shall be borne by Owner.
(d) Holder's Discretion. Enforcement of the terms of this Conservation Easement by Holder shall be at the discretion of Holder, and any forbearance by Holder t o exercise its rights under this Conservation Easement in the event of any breach of any term of this Conservation Easement shall not be deemed or construed to be a waiver of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any rights of Holder under this Conservation Easement. No delay or
35 omission by Holder in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver.
(e) Acts Beyond Owner's Control. Nothing contained in this Conservation Easement shall be construed to entitle Holder to bring any action against Owner for any injury to or change in the Historical Building resulting from (i) any natural cause beyond Owner's control, including, without limitation, fire not caused by Owner, flood, storm, and earth movement, or any prudent action taken by Owner under emergency conditions to prevent, abate, or mitigate significant injury to the Historical Building resulting from such causes; or (ii) acts by Holder or its employees.
(f) Standing to Enforce. All rights and remedies conveyed to Grantee under this Conservation Easement shall extend to and are enforceable by Holder, and independently by City if different from Holder.
These enforcement rights are in addition to, and do not limit, the rights of enforcement under applicable law. If at any time in the future Owner uses, allows the use, or threatens to use or allow use of, the Property for any purpose that is inconsistent with or in violation of this Conservation Easeme nt then City (by and through its City Attorney), in addition to Holder, shall have standing as an interested party in any proceeding affecting this Conservation Easement.
(g) Extinguishment. If circumstances arise in the future that render the preservation of the Historical Building or other purposes of this Conservation Easement impossible to accomplish, this Conservation Easement can only be terminated or extinguished, in whole or in part, by judicial proceedings in a court of competent jurisdiction or with the written consent of Owner, Holder, and City acting by and though the Buena Park City Council.
7. HOLD HARMLESS. Owner shall hold harmless, protect and indemnify Holder, and City if different than Holder, and the directors, officers, employees, agents, contractors, and representatives and the heirs, personal representatives, successors and assigns of each of them (each an "Indemnified Party" and collectively, "Indemnified Parties") from a nd against any and all liabilities, penalties, costs, losses, damages, expenses (including, without limitation reasonable attorneys' fees and experts' fees), causes of action, claims, demands, orders, liens or judgments (each a "Claim" and, collectively, " Claims"), arising from or in any way connected with: (i) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, except that this indemnification shall be inapplicable to any Claim due solely to the negligence of Holder or any of its employees; and (iii) the existence or administration of this Conservation Easement. If any action or proceeding is brought against any of the Indemnified Parties by reason of any such Claim, Owner shall, at the election of and upon written notice from Holder, defend such action or proceeding by counsel reasonably acceptable to the Indemnified Party.
8. TRANSFER OF CONSERVATION EASEMENT OR PROPERTY.
(a) Conservation Easement. This Conservation Easement may be assigned or transferred by Holder upon written approval of City, which approval shall not be unreasonably withheld or delayed, but Holder shall give Owner and City at least sixty (60) days prior written notice of the proposed assignment or transfer.
City and Holder may assign or transfer its rights under this Conservation Easement only to an entity or organization: (i) authorized to acquire and hold conservation easements pursuant to California Civil Code Section 815.3 and Government Code Section 65965 (and any successor or other provision(s) then applicable), or the laws of the United States; and (ii) otherwise reasonably acceptable to City. Holder shall require the assignee to record the assignment in the County of Orange. The failure of Holder to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforcement in any way.
36 (b) Property. Owner agrees to incorporate the terms of this Conservation Easement by reference in any deed or other legal instrument by which Owner divests itself of any interest in all or any portion of the Property, including, without limitation, a leasehold interest. Owner further agrees to give written notice to Holder (and City if different than Holder) of the intent to transfer any interest at least sixty (60) days prior to the date of such transfer. Holder (or City if different than Holder) shall have the right to prevent any transfers in which prospective subsequent claimants or transferees are not given notice of the terms, covenants, conditions and restrictions of this Conservation Easement (including the exhibits and documents incorporated by reference in it). The failure of Owner to perform any act provided in this section shall not impair the validity of this Conservation Easement or limit its enforceability in any way.
9. MERGER. The doctrine of merger shall not operate to extinguish this Conservation Easement if the Conservation Easement and Property become vested in the same party. If, despite this intent, the doctrine of merger applies to extinguish the Conservation Easement then, UNLESS Owner and Holder (and City if different from Holder) otherwise agree in writing, a replacement conservation easement or restrictive covenant containing the same protections embodied in this Conservation Easement shall be recorded against the Property.
10. MISCELLANEOUS
(a) Recording. Holder shall record this Conservation Easement in the Official Records of the County of Orange, and may re-record it at any time as Holder deems necessary to preserve its rights in this Conservation Easement.
(b) Third-Party Beneficiary. Owner and Holder acknowledge that City and its residents are third party beneficiaries of this Conservation Easement with the right of access to the Property and the right to enforce all of the obligations of Owner and all other rights and remedies of the Holder under this Conservation Easement.
(c) Additional Interests. Owner shall not grant any additional easements, rights of way or other interests in the Property (other than a security interest that is expressly subordinated to this Conservation Easement), nor shall Owner grant, transfer, abandon or relinquish (each a “Transfer”) any mineral, air, or water right or any water associated with the Property, without first obtaining the written consent of Holder (and City if different than Holder). Such consent may be withheld if Holder (or City if different than Holder) determine(s) that the proposed interest or Transfer is inconsistent with the purposes of this Conservation Easement or will impair or interfere with the historical value of the Historical Building. This subsection shall not prohibit transfer of a fee or leasehold interest in the Property that is subject to this Conservation Easement. Owner shall provide a copy of any recorded or unrecorded grant or Transfer document to the Holder and City.
(d) Nature of easement.
(1) This Conservation Easement shall run with the land in perpetuity and shall be binding on Owner and all successive owners of the Property or any part thereof . This Conservation Easement shall not be deemed unenforceable by reason of lack of privity of contr act or lack of benefit to any particular land or property. Owner and Holder hereby declare their understanding and intent that the burden of the covenants set forth herein touch and concern the land in that Owner's legal interest in the Property is affected by the covenants hereunder.
(2) This Conservation Easement shall not be deemed to be personal in nature and shall constitute an interest in real property notwithstanding the fact that it places restrictions on the Property.
37 (3) Holder reserved this Conservat ion Easement by way of the Grant Deed and accordingly it shall be interpreted broadly in favor of Holder as directed by Section 1069 of the California Civil Code. If any provision in this instrument is found to be ambiguous, an interpretation consistent wi th the purposes of this Conservation Easement that would render the provision valid shall be favored over any interpretation that would render it invalid.
(4) This Conservation Easement is intended to be an enforceable restriction, for purposes of Section 402.1 of the California Revenue and Taxation Code.
(5) Owner and Holder hereby declare their specific intent that the covenants, reservations and restrictions set forth herein are part of a plan for the promotion and preservation of historical assets within the territorial jurisdiction(s) of the City of Buena Park, California, and that each shall be deemed covenants running with the land and shall pass to and be binding upon the Property and each successor-in-interest of the Owner in the Property in perpetuity. Owner and Holder further declare their intent that covenants benefit, touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the intended beneficiaries of such covenants, by furthering historic conservation goals and objectives of the City of Buena Park, and by allowing the Property to be made available for acquisition by Owner while preserving its historical value.
(6) Owner hereby expressly assumes the duty and obligation to perform each of the covenants and to honor each of the reservations and restrictions set fort h in this Conservation Easement.
Each and every contract, deed or other instrument hereafter executed covering or conveying the Property or any interest therein shall conclusively be held to have been executed, delivered and accepted subject to such covena nts, reservations, and restrictions, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
(e) Amendments. This Conservation Easement may be amended only by mutual written agreement of Owner and Holder (and City if different from Holder , by and through the Buena Park City Council), which approval shall not be unreasonably withheld or delayed; provided a ny such amendment shall be consistent with the purposes of this Conservation Easement and California law governing conservation easements, and shall not affect its perpetual duration. Any such amendment shall be recorded in Orange County Official Records, and Holder shall promptly provide a conformed copy of the recorded amendment to the Owner and Holder (and City if different from Holder).
(f) No Waiver. Any waiver by Holder of any term or provision of this Conservation Easement must be in writing. No waiver shall be implied from any delay or failure by Holder to take action on any breach or default hereunder or to pursue any remedy allowed under this Easement or applicable law. No failure or delay by Holder at any time to require strict performance by Owner of any provision of this Conservation Easement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
(g) Notices. Except for any notice, demand or communication required under applicable law to be given in another matter, all notices, demands and communications to be sent pursuant to this Easement shall be made in writing, and sent to the parties at their respective addresses specified below or to such other address as a party may designate by written notice delivered to the other parties in accordance with this subsection. All notices demands or communications shall be shall be sent by personal delivery, by reputable overnight delivery service (which provides a delivery receipt), or by certified or registered mail, return receipt requested, postage prepaid. Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt.
38 Either party may change its address at any time by giving written notice of such change to Owner or Holder (or City if different than Holder) as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective:
IF TO OWNER: S.J.&P. ASSOCIATE, LLC
ATTN: Juli Y. Kang, Manager
12215 Via Santa Marta
Sylmar, CA 91214
IF HOLDER (OR CITY): City of Buena Park
Buena Park City Hall
ATTN: City Manager
6650 Beach Boulevard
Buena Park CA 90622
(h) Governing Law; Venue. This Declaration shall be construed in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Orange County, California.
(i) Severability; Broad Construction. If any provision of this Easement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF BUENA PARK, a California
municipal corporation
By: _________________________
Aaron France,
City Manager
S. J. & P. ASSOCIATE, LLC
By: _________________________
Juli Y. Kang,
Manager
39 ALL PURPOSE ACKNOWLEDGMENT (SELLER)
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ________, before me, _________________, personally appeared ----------------------------------------, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
40 ALL PURPOSE ACKNOWLEDGMENT (SELLER)
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ________, before me, _________________, personally appeared ----------------------------------------, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whi ch the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
41 CONSERVATION EASEMENT - EXHIBIT A
Legal Description of Property
Real property in the City of Buena Park, County Orange, State of California, descried as follows:
LOTS 7 AND 8 IN BLOCK 1, OF E.E. THURMAN’S ADDITION TO BUENA PARK, CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 276-291-24
42 CERTIFICATE OF ACCEPTANCE
(Conservation Easement)
This is to certify that the interest in real property conveyed by the Conservation Easemen t, dated _____________, by and between the CITY OF BUENA PARK, a California municipal corporation (“City” or “Holder”), and S. J. & P. ASSOCIATE, LLC, a California limited liability corporation (“Developer” or “Owner”), is hereby accepted by the undersigned officer on behalf of the Holder pursuant to Resolution No. ___ of the Buena Park City Council approved on __________, 2024.
GRANTEE:
CITY OF BUENA PARK
_______________________
By: Aaron France
Title: City Manager
Date: ___________
43 Purchase and Sale Agreement - Exhibit “E”
GRANT DEED
RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
City of Buena Park
[TO BE ADDED]
APN:
(Space Above this Line For Recorder’s Use)
GRANT DEED AND RESERVATION OF EASEMENT
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the CITY OF BUENA PARK, a California municipal corporation (“Grantor”), hereby GRANTS to S. J. & P.
ASSOCIATE, LLC, a California limited liability corporation (“Grantee”), that certain real property at 6711 Beach Boulevard in the city of Buena Park, County of Orange, State of California, more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference together with all right, title and interest of Grantor in and to all buildings and improvements located thereon (“Property”).
THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO A RESERVATION BY GRANTOR, unto and for the benefit of the City of Buena Park, its residents, and the broader public benefit, of a CONSERVATION EASEMENT within the meaning of Section 815.1 of the California Civil Code for purposes of assuring the historical preservation of certain i mprovements on the Property, the terms and conditions of such conservation easement which are specifically set forth in that certain conservation easement agreement between Grantor , as the “City,” and Grantee, as the “Developer,” dated as of ________________, 2024, and recorded on the Property on the same date as this grant deed (“Conservation Easement”). The terms and conditions of the Conservation Easement are incorporated fully herein and shall run with the land in perpetuity , and shall be binding on successive owners of the Property. A copy of the Easement Agreement is available for inspection and copying at Grantor’s offices located 6650 Beach Blvd., Second Floor, Buena Park, California 90622.
IN ADDITION, THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO:
2) Non-delinquent general and special real property taxes, assessments and supplemental assessments, if any, for the current fiscal year;
3) All covenants, conditions, restrictions, encumbrances, agreements, reservations, rights, rights - of-way, dedications, offers of dedication, easements and other matters of record, apparent, visible from an inspection of the Property, and/or which an accurate survey of the Property would disclose, or known to Grantee.
4) The following covenants against discrimination:
a) Grantee covenants and agrees that Grantee shall not discriminate against or segregate any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section
44 12955 of the Government Code, as those bases are define d in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Grantee establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the P roperty herein conveyed. The foregoing covenant shall run with the land in perpetuity or the longest period permitted by law.
(b) Notwithstanding paragraph (a), with respect to familial status, paragraph (a) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (1) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (a).
(c) All deeds, leases or contracts made or entered into by the Grantee, its successors or assigns, as to any portion of the Property shall contain therein the following language:
(1) In deeds:
“(A) Grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property herein conveyed, nor shall the grantee or any person claiming under or through the grantee, establish or permit any practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the property herein conveyed. The foregoing covenant shall run with the land.
(B) Notwithstanding paragraph (A), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing i n paragraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (A).”
(2) In leases:
“(A) Lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination agains t or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are
45 defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the lessee or any person claiming under or through the lessee, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.
(B) Notwithstanding paragraph (A), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (A).”
(3) In contracts with respect to the sale, lease, sublease, transfer, use, or occupancy, of the Property:
“(A) There shall be no discrimination against or segregation of, any person or group of persons on account of any basis listed in subdivision (a) and (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2 of the Government Code in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the property nor shall the transferee or any person claiming under or through the transferee establish or permit any such practice or practices of discrimination or segregation with referenc e to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land.
(B) Notwithstanding paragraph (A), with respect to familial status, paragraph (1) shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in paragraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (A).”
IN WITNESS WHEREOF, Grantor has executed this Grant Deed on this ___ day of ______, 2024, at Buena Park, California.
CITY OF BUENA PARK, a California municipal corporation
By: _________________________
Aaron France, City Manager
46 ALL PURPOSE ACKNOWLEDGMENT (SELLER)
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
On ________, before me, _________________, personally appeared ----------------------------------------, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
47 Grant Deed - EXHIBIT A
Legal Description of Property
Real property in the City of Buena Park, County Orange, State of California, descried as follows:
LOTS 7 AND 8 IN BLOCK 1, OF E.E. THURMAN’S ADDITION TO BUENA PARK, CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 276-291-24
48 Purchase and Sale Agreement - Exhibit “F”
SCHEDULE OF PERFORMANCE
Item To Be Performed Time to Perform / Deadline Agreement Reference
1. Execution of Purchase & Sale Agreement
(“PSA”) to trigger Effective Date N/A § 1
2. Opening Escrow 10 business days after
Effective Date § 3.B
3. Seller provides property records to Buyer 20 days after Opening § 6.A
4. Seller provides title report to Buyer 30 days after Effective Date § 4.C
5. Expiration of Buyer’s Contingency Period 60 days after Effective Date § 6.A
6. Buyer’s submission of Work Applications
(i.e. building permit for Restoration Work) 90 days after Opening § 5.A(1)
7. Buyer’s submission of Restoration Budget 90 days after Opening § 5.C
8. Seller provides Surplus Land Act notice to
HCD 30 days prior to Closing § 3.F(1)
9. Buyer’s provides evidence of Capital
Contribution 30 days prior to Closing § 5.I(1)
10. Buyer’s Evidence of Gap Financing (if
necessary) 30 days prior to Closing § 5.I(2)
11. Seller’s Closing Docs to Escrow 2 days prior to Closing § 3.F.(3)
12. Buyers’ Closing Docs / Purchase Price
Balance to Escrow 2 days prior to Closing § 3.F(4)(f)-(g)
13. Closing June 30, 2024 § 3.C
14. Deadline for completing Restoration Work
Construction shall continue
uninterrupted until complete as
signified by City’s issuance of
a final certificate of occupancy
for the Historical Building.
Specific deadlines for
completion of specific tasks
may be specified in the
building permits issued by the
City for Restoration Work.
Disagreements about specified
deadlines shall be resolved
with reference to industry
standards and in collaboration
with Buyer's general
contractor.
§ 5.E
49 Purchase and Sale Agreement - Exhibit “G”
DECLARATION OF LAND USE COVENANTS AND RESTRICTIONS
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO,
AND MAIL TAX STATEMENTS TO:
City of Buena Park
Attn: DIRECTOR OF COMMUNITY
DEVELOPMENT
6650 Beach Boulevard
Buena Park, CA 90622
Assessor’s Parcel No.: 276-291-24
This Agreement and Declaration of Land Use Covenants and Restrictions (“Declaration”) is entered into as of this ___ day of _____, 202__, by and between the CITY OF BUENA PARK, a California municipal corporation (“Seller”), and S. J. & P. ASSOCIATE, LLC, a California limited liability corporation (“Buyer”), with reference to the following facts:
RECITALS
D. Seller and Buyer have entered into that certain Agreement for the Purchase and Sale of Real Property dated ________________, 2023 (“Purchase Agreement”), pursuant to which, and subject to the terms and conditions stated therein, Seller agreed to sell to Buyer and Buyer agreed to purchase from Seller that cert ain real property located at 6711 Beach Boulevard, Buena Park, California (Orange County Assessor Parcel No. 276-291-24 and legally described in Exhibit “A” hereto, the “Property”).
E. As a material inducement and part of the consideration for Seller’s agreement to sell the Property to Buyer, and as a condition to the Closing of Escrow under the Purchase Agreement, Buyer and Seller agree to the terms and conditions of this Declaration.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of which is expressly acknowledged, and intending to be legally bound, Seller and Buyer (individually hereinafter at times a “Party” and jointly the “Parties”) agree as follows:
1. DEFINITIONS. All capitalized terms not defined herein shall have the meaning set forth in the Purchase Agreement.
2. NOTICE TO INTERESTED PARTIES OF CONSTRUCTION COVENANTS. The Purchase Agreement, a copy of which is available for inspection and copying at the Seller’s offices located 6650 Beach Blvd., Second Floor, Buena Park, California 910622, contains certain development covenants running with title to the Property, including but not limited to those set forth below (all section references are to t he Agreement), with all such development covenants being expressly into this Declaration even if not listed below:
50 Section 5.A. of the Purchase Agreement provides in part:
A. Restoration Work. As a material inducement for Seller’s agreement to sell the Property to Buyer, and as a portion of the consideration paid by Buyer to Seller, Buyer shall at its sole cost and expense complete or cause to be completed the repair, restoration, improvement, and construction work to the Historical Building and Property that is generally described in the Restoration Plan attached hereto this Agreement as Exhibit “C”; provided that Buyer agrees to and shall complete the specific scope of work that is described in the final building permit(s) issued for by the City to Buyer for the general scope described in the Restoration Plan (the “Restoration Work”).
Section 5.B. of the Purchase Agreement provides:
B. Cost of Development. All costs for engineering, planni ng, designing, permits, Restoration Work or other approvals and improving the Property or Historic Building, whether imposed by Seller or another governmental entity with jurisdiction over the Property, shall be borne exclusively by Buyer. Buyer shall also bear all costs related to discharging the duties of the Buyer set forth in this Agreement, the Construction Declaration, or Conservation Easement.
Section 5.E. of the Purchase Agreement provides:
D. Schedule of Performance. Upon the Effective Date, Buyer shall immediately commence and diligently complete all planning and design work needed to submit completed Work Applications to Seller and comply with Buyer’s obligations precedent to the Closing, and following the Closing, shall pursue without interruption until complete the Restoration Work with the completion of construction to be signified by a Certificate of Occupancy issued by the Seller for the Historic Building. Buyer shall complete all such planning, design, development, and construct ion work in strict compliance with the deadlines specified in Exhibit “F” (“Schedule of Performance”). The City Manager
, in his/her sole and absolute discretion, may
grant extension(s) of the Schedule of Performance set forth in this Agreement not exceeding six (6) months in the aggregate, with any longer extensions of time requiring the approval of the City Council. Construction of the improvements and development of the Property as described in the final building permits may, at the sole election of Buyer, be completed in different phases; provided that such construction and development proceeds uninterrupted and is performed within the time specified in the Schedule of Performance.
Section 5.H of the Purchase Agreement provides:
H. Rights of A ccess. For the purposes of assuring compliance with this Agreement, representatives of Seller shall have the reasonable right of access to the Property without charges or fees, at normal construction hours during the period of construction for the purposes of monitoring Buyer’s compliance with this Agreement or to inspect the Restoration W ork being performed.
Section 5.I(3) of the Purchase Agreement provides:
3) Property as Security. The provisions of this subsection shall govern Buyer’s use of the Property as security for financing. No lien or other note shall be recorded on the Property to secure the Purchase Price or Rehabilitation Funds, or a loan therefor, each of which shall be
51 paid by Buyer at Closing with “cash in hand.” Excepted as permitted by this Section, Buyer shall not use or allow the Property to be used as security for any financing before a Release of Construction Covenants (as defined in Section 5.J) has been recorded.
a) Priority of Liens. If Buyer finances all or any portion of the Restoration Work, and if any portion of such financing consists of third-party loans to be secured on the Property, Buyer shall close said financing at the Closing. The mortgage, deed of trust, or other form of conveyance required for Buyer’s financing, including any extension, modification, renewal, or refinancing of any such mortgage, deed of trust, or other form of conveyance for financing, is referred to herein as a “ Deed of Trust.” Any such Deeds of Trust shall be subordinate and junior to the Conservation Easement.
b) No Encumbrances Except Mortgages, Deeds of Trust, Sales and Leases Back or Other Financing for Development . Deeds of Trust reasonably required for financing construction of the Restoration Work are permitted before the Release of Construction Covenants, but only if the purpose of securing loans and use of proceeds is restricted for completing the Restoration Work or otherwise improving the Property as set forth in this Agreement. Buyer shall notify the Seller in advance of any such Deed of T rust if Buyer proposes to enter into the same before issuance of a Release of Construction Covenants.
c) Construction Financing. Before a Release of Construction Covenants, Buyer shall not enter into any such mortgage, Deed of T rust, sale or lease back or other form of conveyance for financing without the prior written approval of Seller which approval Seller agrees to give if any such conveyance for financing is given to a respons ible financial or lending institution or other acceptable person or entity with demonstrated financial capacity .
Such lender must be approved in writing by the Seller, which approval shall not be unreasonably withheld or delayed.
d) Holder Not Obligated to Construct Improvements . The holder of any mortgage, Deed of Trust, or other conveyance authorized by this Agreement shall in no way be obligated by the provisions of this Agreement to construct or complete the Rehabilitation Work or to guarantee such const ruction or completion. Nothing in this Agreement shall be deemed to construe, permit, or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement.
e) Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure . Whenever Seller shall deliver any notice or demand to Buyer, with respect to any breach or default by Buyer following the Closing, Seller shall, at the same time, deliver to each holder of record of any financing instrument authorized by this Agreement who has requested in writing said notices from the Seller, a copy of such notice or demand. Each such holder shall (insofar as the rights of Seller are concerned) have the right, at its option after the receipt of the notice or Buyer ’s cure period, if any, to cure or remedy any such default if the right to cure is provided under the terms of the security interest. The time for a holder to cure shall be extended, if the holder has undertaken steps to cure, in which case such time will be extended for as long as holder reasonably needs, providing the holder is acting diligently.
Nothing contained in this Agreement shall be dee med to permit or authorize such holder to undertake or continue the construction or completion of the Restoration Work (beyond the extent necessary to conserve or protect the improvements or construction already made)
52 without first having expressly assumed Buyer's remaining obligations to Seller by written agreement satisfactory to the Seller. In that event, the holder must agree to complete, in the manner provided in this Agreement, the Restoration Work to which the lien or title of such holder relates, and submit satisfactory evidence to Seller that it possesses the qualifications and financial resources necessary to perform such obligations. Any such holder properly completing such improvements shall be entitled, upon written request made to Seller, to a Release of Construction Covenants from the Seller.
f) Failure of Holder to Complete Improvements. In any case of an uncured default by Buyer in completion of construction of improvements under this Agreement, if the holder of any mortgage, deed of trust or other security interest creating a lien or encumbrance upon the Property or any party thereof has not thereafter timely exercised the option to construct, or if it has exercised the option and has not thereafter proceeded with construction in the manner required by this Agreement, the Seller may purchase the mortgage, deed of trust or other security interest by payment to the holder of the am ount of the unpaid debt. If the ownership of the Property or any part has been vested in the holder, the Seller, if it so desires, shall be entitled to a conveyance of the Property , or any part of the Property , from the holder to the Seller upon payment to the holder of an amount equal to the sum of the following:
1. Unpaid Deed of Trust, mortgage, deed of trust or other security interest debt at the time title became vested in the holder (less all appropriate credits, including those resulting from collection by lender and application of rentals and income received during foreclosure proceedings).
2. All reasonable expenses with respect to foreclosure.
3. The net expenses, if any (exclusive of overhead), incurred by the holder as a direct result of the S eller approved subsequent management of the Restoration Work or part thereof.
g) Right of Seller to Cure Mortgage, Deed of Trust or Other Security Interest Default. In the event of an uncured default by Buyer or breach of a mortgage, deed of trust or other security interest, prior to recordation of a Release of Construction Covenants on the Property, and the holder of any such security interest has not exercised its option to complete the Restoration Work, after another advance written demand to Buyer and the holder of such security interest, that the default must be cured within an additional thirty (30) days, the Seller may cure the default prior to completion of any foreclosure. In such event, the Seller shall be entitled to reimbursement from Buyer of all costs and expenses incurred by the Seller in curing the default. The Seller shall also be entitled to a lien upon the Property to the extent of such costs and disbursements. Any such lien shall be subject to mortgages, deeds of trust or other security instruments executed for the sole purpose of obtaining funds to purchase and improve the Property as authorized herein.
h) Rights of Seller to Satisfy Other Liens on the Property After Title Passes.
After
the conveyance of title of the Property to Buyer, and after Buyer has had reasonable time to challenge, cure or satisfy any liens or encumbrances on the Property , or any part thereof, the Seller shall have the right to satisfy any such liens or encumbrances, provided however, that nothing in this Agreement shall require Buyer to pay or make provision for the payment of any tax, assessment, lien or charge as long as the Buyer shall in good faith contest the validity or
53 amount thereof, and provided such delay in payment shall not subject the Property , or part thereof, to forfeiture or sale.
i) Estoppel. Seller shall from time to time, within fifteen (15) days following the receipt of a request by Buyer or the holder of any Deed of Trust or other security interest affecting the Property, deliver to Buyer or such holder a written statement executed by Seller in form and substance reasonably satisfactory to Buyer and such holder, (i) stating that this Agreement is in full force and effect and has not been modified or amended (or if modified or amended, setting forth all modifications and amendments), (ii) stating whether or not to the best knowledge of Seller, Buyer is in default under this Agreement and if Buyer is in default, setting forth the specific nature of all such defaults, and (iii) as to any other matters reasonably requested by Buyer or such holder. Seller acknowledges that any statement delivered pursuant to this Section may be relied upon by any purchaser or owner of all or a portion of the Property and/or any improvements thereon or by the holder of such deed of trust or security interest or by any assignee of such holder or anyone claiming by, under or through such holder.
Section 9.B of the Purchase Agreement provides:
B. Buyer’s Representations. Buyer represents and warrants to Seller as follows: (1) Immediately following the approval of this Agreement by Seller, Buyer will commence work on the Work Applications and will diligently pursue the Restoration Work to completion in accordance with the Schedule of Performance; (2) Buyer has duly authorized, executed and delivered this Agreement and Buyer has or will authorize, execute and deliver, within the times set forth therefore in the Schedule of Performance any and all other agreements and documents required to be authorized, executed and delivered by Buyer in order to carry out, give effect to and consummate the transaction contemplated by this Agreement; (3) Neither this Agreement nor anything provided to be done hereunder by Buyer violates or shall violate any contract, agreement, or instrument to which Buyer is a party; (4); This Agreement is a valid and binding agreement enforceable against Buyer in accordance with its terms, subject to laws relating to bankruptcy and creditor’s rights and generally applicable equitable principles; (5) There is no suit, legal action, administrative arbitration or other proceeding or governmental investigation process which has been served upon Buyer or, which to Buyer’s best knowledge, is otherwise pending or threatened against Buyer in which any party is making or has made a claim or defense that, if sustained, would materially and adversely affect the performance of Buyer under this Agreement or materially and adversely interfere with the ability of Buyer to consummate the transactions contempla ted herein; (6) Buyer possesses adequate financial resources and capacity, necessary franchises, and has the skill and experience to acquire the Property and complete the Restoration Work that is contemplated by this Agreement; (7) Buyer is entering into this Agreement with the purpose and intent to complete the Restoration Work and thereafter keep and abide by the Conservation Easement, and not for speculation in land holding or land banking or with the intention of demolishing the Historical Building through either action or inaction; (8) Buyer recognizes the fact that the qualifications and identity of Buyer are of particular concern to Seller and that it is because of such qualifications and identity that Seller is entering into this Agreement with Buyer; and (9) Each of the foregoing items (1) through (8) shall be deemed to be an on-going representation and warranty. Buyer shall advise the Seller in writing if there is any change pertaining to any matters set forth or referenced in the foregoing items (1) through (8).
54 3. BUYER’S BREACH; SELLER’S RIGHT OF RENTRY / REVERTER. In the event Buyer fails to use or own the Property in material compliance with the terms and conditions of the Agreement, including but not limited to foregoing development covenants, or fails to diligently commence and thereafter continuously pursue t he Restoration Work without interruption until in accordance with deadlines set forth in the Scheduled of Performance, then Buyer shall be deemed in breach and material default of this Declaration (“Default”).
(a) Upon a Default by Buyer prior to final issuance of the certificate of occupancy for the Project, and upon written notice to Buyer referencing this Declaration and the failure to cure said Default by Buyer, then title to and possession of the Property together with any then-existing improvements to the Property shall, at Seller’s option, automatically revest in and revert to Seller (the “Notice”). Buyer agrees that in the event of its failure to cure such breach at set forth herein Buyer shall furnish or otherwise cooperate in the transfer to Seller of all construction plans including engineering studies, deputy inspector reports, or any other design information pertaining to the construction of the proposed or then-existing improvements. Seller’s Notice shall specify the Default by Buyer that triggere d Seller’s exercise of its rights under this section, and Seller may exercise its rights under this Section only if Buyer continues in default for a period of sixty (60) calendar days following such Notice or, if the nature of the Default cannot be cured w ith said sixty (60) day period, only if Buyer fails to immediately commence and continuously prosecute said curing of the Default to Seller’s reasonable satisfaction.
(b) Upon the Seller’s exercise of its rights pursuant to this Section 3, the Buyer, or its successors or assigns, shall convey title to the Property and all improvements thereon to the Seller by quitclaim deed and without charge, payment, reimbursement, or consideration of any kind being paid by Seller to Buyer in exchange for said quitclaim deed and title to the Property. Such conveyance shall be duly acknowledged by the Buyer and a notary in a manner s uitable for recordation. Seller may enforce its rights pursuant to this Section by means of injunctive relief, specific performance, or forfeiture of title action filed in any court of competent jurisdiction.
(c) Financial inability or profitability of the Restoration Work not be deemed an excuse for Buyer’s delay or failure to perform, nor shall the failure to maintain or spoilation of the Historical Building, or practical difficulties in completing the Restoration Work or preserving the Historical Building, be an excuse for Buyer’s delay or failure to perform with Buyer having duly inspected and satisfied itself that the Historical Building may be restored and preserved as of the Closing Date.
4. TERM OF DECLARATION. This Declaration and Seller’s rights and remedies set forth herein shall expire and terminate upon the issuance of a final certificate of occupancy for the Project.
Following the issuance of such final certificate of occupancy and if requested by Buyer, Seller shall execute a standard form release and reconveyance to remove this Declaration from title.
5. MISCELLANEOUS
(a) Recording. This Declaration shall be recorded as a condition of and at the Closing of Escrow for Buyer’s purchase of the Property from Seller, and shall be recorded junior only to the grant deed by which Buyer takes title, provided that the Seller shall execute, in a form acceptable to the City Attorney, a standard form subordination agreement making this Declaration subordinate and
55 junior to a Deed of Trust securing construction financing from a federally registered institutional lender.
(b) Amendments. This Declaration may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records of Orange County.
(c) No Waiver. Any waiver by Seller of any term or provision of this Declaration must be in writing. No waiver shall be implied from any delay or failure by Seller to take action on any breach or default hereunder or to pursue any remedy allowed under this Declaration or applicable l aw. No failure or delay by Seller at any time to require strict performance by Buyer of any provision of the Agreement or this Declaration or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.
(d) Notices. Except for any notice, demand or communication required under applicable law to be given in another matter, all notices, demands and communications to be sent pursuant to this Declaration shall be made in writing, and sent to the parties at thei r respective addresses specified below or to such other address as a party may designate by written notice delivered to the other parties in accordance with this Section. All notices demands or communications shall be shall be sent by personal delivery, by reputable overnight delivery service (which provides a delivery receipt), or by certified or registered mail, return receipt requested, postage prepaid. Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is effected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Either party may change its address at any time by giving written notice of such change to Seller or Buyer as the case may be, in the manner provided herein, at least ten (10) days prior to the date such change is desired to be effective. Any notice to be delivered to Seller shall be addressed to:
IF TO SELLER: City of Buena Park
Buena Park City Hall
ATTN: City Manager
6650 Beach Boulevard
Buena Park CA 90622
IF THE BUYER: S.J.&P. ASSOCIATE, LLC
ATTN: Juli Y Kang, Manager
12215 Via Santa Marta
Sylmar, CA 91214
(e) Action by Seller. Except as may be otherwise specifically provided herein or limited by law, whenever any approval, notice, direction, consent or request by Seller is required or permitted under this Declaration, such action shall be in writing, and such action may be given, made or taken by the City Manager or by any person who shall have been designated by the City Manager , without further approval by the City Council.
(f) Governing Law; Venue . This Declaration shall be construed in accordance with the
laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Orange County, California.
56 (g) Attorneys’ Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Declaration, the prevailing party shall be entitled to recover all reasonable attorneys’ fees and costs incurred in such action.
(h) Severability. If any provision of this Declaration is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.
IN WITNESS WHEREOF, the Parties have executed this Agreement and Declaration of Restrictive Covenants as of the date first written above.
CITY OF BUENA PARK, a California
municipal corporation
By: _________________________
Aaron France,
City Manager
S. J. & P. ASSOCIATE, LLC
By: _________________________
Juli Y. Kang,
Manager
57 Declaration of Construction Covenants - EXHIBIT A
Legal Description of Property
Real property in the City of Buena Park, County Orange, State of California, descried as follows:
LOTS 7 AND 8 IN BLOCK 1, OF E.E. THURMAN’S ADDITION TO BUENA PARK, CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 50 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 276-291-24
City of Buena Park
City Council Regular Meeting Agenda Report
AUTHORIZATION TO ACCEPT THE FINAL INSURANCE PAYMENT FOR THE HURLBUT BARN FIRE CLAIM WITH
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Meeting
Tuesday, February 13, 2024, 5:00 PM
Agenda Group
NEW BUSINESS Item: 5D
Presented By
Eddie Fenton, Assistant City Manager/Director of Human Resources Prepared By
Eddie Fenton, Assistant City Manager/Director of Human Resources Approved By
Aaron France, City Manager
RECOMMENDED ACTION
1) Authorize acceptance of the final insurance settlement payment in the amount of $120,000 to be paid to the City of Buena Park; 2) Approve the Full Release of Claim with Travelers Property Casualty Company of America relating to loss by fire upon the Hurlbut Barn; and, 3) Authorize the Assistant City Manager/Director of Human Resources to execute any necessary documents.
PREVIOUS CITY COUNCIL ACTION
None.
DISCUSSION
On the evening of Thursday, November 23, 2023, a fire originating inside the bay of the Hurlbut Barn destroyed most of the building and surrounding structures. Immediately, the City filed a claim and began working with insurance adjusters as well as fully cooperated with the investigation into the cause of the fire. After an extensive and comprehensive investigation, the cause and origin of the fire was undetermined. After a couple of months of claim review, a Statement of Loss was submitted in the sum of $641,351.27 (actual cash value, less $25,000 deductible) due to the loss of the barn.
Public Works Department staff immediately solicited quotes to demolish the barn due to the unsafe condition that remained. After reviewing several quotes, staff estimated the cost to demolish the barn and related structures to be approximately $120,000. Instead of accepting the full actual cash value of the barn, staff recommends that City Council authorize settlement in the amount of the cost of the demolition, not to exceed $120,000. With this final payment of $120,000, this insurance claim will be fully resolved.
BUDGET IMPACT
Attachments
FTN2182 Hurlbut Barn Statement of Loss 1-16-24.pdf
Final insurance payment in the amount of $120,000 will be deposited into the Economic Development Fund to reimburse the City for costs related to the cleanup and demolition of the Hurlbut Barn site.
Insured: Completed By:
Policy #: Date:
Underwriting Co:
Claim #:
Eff. Dates:
Date of Loss:
Loss Location:
Policy Limit: 750,000,000.00 Sub Limits:
Deductible: 25,000.00
Insured Submitted
Claimed/Incurred RCV Deprec. Amount ACV PAYABLE
Claimed 683,760.88$ $42,409.61 $641,351.27 $641,351.27
$0.00 $683,760.88 $42,409.61 $641,351.27 $641,351.27
Replacement Cost Claim $683,760.88 $641,351.27
<Less Deductible & Non Recoverable Dep. > - $67,409.61 25,000.00 Maximum Claim Payable $616,351.27 $0.00
$616,351.27
<Less Deductible> -
<Less Payments> -
Net Loss and Payable
Coinsurance %:
Totals
Current Claim Payable
Xactimate Estimate ACV Settlement Only
FTN2182001H
7/1/2023 TO 7/1/2024
11/22/2023
7860 WESTERN AVENUE, BUENA PARK, CA 90620
Bern Bounsom
1/16/2024
Coverage: Building
Statement of Loss
Travelers Calculated
Item Description Comments/Source
CALIFORNIA INSURANCE POOL
KTJCMB 0L597228
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA