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4/15/24 COUNCIL AGENDA
CITY OF CRESCENT CITY
Mayor Blake Inscore Mayor Pro Tem Ray Altman
Council Member Jason Greenough Council Member Kelly Schellong Council Member Isaiah Wright
MONDAY APRIL 15, 2024 6:00 P.M.
This meeting will be held in person at the location listed above. The City will broadcast the meeting on YouTube, however, if there is a technological issue with YouTube, the meeting will continue in person as scheduled. The public may access and participate in the public meeting by (1) attending the meeting in person and making public comment when called for by the Mayor or (2) by submitting a written comment via [email protected] or by filing it with the City Clerk at 377 J Street, Crescent City, California, 95531. All public comments (via email or mail) must be received by the City Clerk prior to 12:00 p.m. the day of the meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments so received will be forwarded to the City Council and posted on the website next to the agenda. Written public comments will not be read aloud during the meeting.
Notice regarding Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk’s office at (707)464-7483, ext. 223. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-
35.104 ADA Title II]. For TTYDD use for speech and hearing impaired, please dial 711. A full agenda packet may be reviewed at City Hall, 377 J Street, Crescent City, CA or on our website:
www.crescentcity.org
OPEN SESSION
Call to order
Roll call
Pledge of Allegiance
CEREMONIAL ITEMS - None
REPORTS AND PRESENTATIONS
PUBLIC COMMENT PERIOD
Any member of the audience is invited to address the City Council on any matter that is within the jurisdiction of the City of Crescent City. Comments of public interest or on matters appearing on the agenda are accepted. Note, however, that the Council is not able to undertake extended discussion or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. All comments shall be directed toward AGENDA
REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CRESCENT CITY AND THE CRESCENT CITY
HOUSING AUTHORITY BOARD OF DIRECTORS
FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
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4/15/24 COUNCIL AGENDA
the entire Council. Any comments that are not at the microphone are out of order and will not be a part of the public record. After receiving recognition from the Mayor, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes. The public is additionally allotted three minutes each in which to speak on any item on the agenda prior to any action taken by the Council.
CONSENT CALENDAR
1. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period March 23, 2024 through April 5, 2024.
2. Council Meeting Minutes
• Recommendation: Approve and adopt the April 1, 2024 meeting minutes of the City Council.
3. Payroll Report
• Recommendation: Receive and file the biweekly payroll reports for the period ending April 6, 2024, paid April 12, 2024.
4. Declaring the Continuance of an Emergency Due to Continuous Slide Activity Along Pebble Beach Drive
• Recommendation: Declare by a 4/5 vote that there is a need to continue the emergency action for the continuous slide activity along Pebble Beach Drive between 7 th and 8th Streets per Public Contract code § 22050
5. CCPD Grant Application 2024 – ABC Alcohol Policing Partnership Program • Recommendation: Ratify the City Manager’s signature on the ABC Alcohol Policing Partnership Program grant application for $23,911
6. H-GAC Interlocal Contract for Cooperative Purchasing • Recommendation: Approve and authorize the City Manager to sign the H-GAC Interlocal Contract for Cooperative Purchasing
PUBLIC HEARING
7. Public Hearing to Close Out Grant 20-CDBG-12011, North Coast Rape Crisis Team – Sexual Assault Services
• Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Close public hearing
• Further Council discussion
• Approve the final accomplishments under the Community Development Block Grant contract #20-CDBG-12011, North Coast Rape Crisis Team – Sexual Assault Services; and
• Direct staff to submit the final closeout documents to the Department of Housing and Community Development (HCD)
ADJOURN TO THE CRESCENT CITY HOUSING AUTHORITY
Call to order
Roll Call
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4/15/24 COUNCIL AGENDA
CONSENT CALENDAR
8. Housing Authority Meeting Minutes
• Recommendation: Approve and adopt the March 18, 2023 meeting minutes of the Crescent City Housing Authority
9. Agreement to Enter into a Housing Assistance Payment Contract with Crescent City H Street LP for 26 Project Based Vouchers (PBV) Units at Harbor Point • Recommendation: Approve and authorize the Housing Director to execute an Agreement to Enter into Housing Assistance Payments (AHAP) contract with Crescent City H Street LP for 26 Project Based Voucher (PBV) units at Harbor Point PUBLIC HEARING – None
CONTINUING BUSINESS – None
NEW BUSINESS - None
ADJOURNMENT
RECONVENE THE CITY COUNCIL MEETING
CONTINUING BUSINESS - None
NEW BUSINESS
10. DANCO Low-Income Senior Housing Development (Harbor Point) Located at 655 H Street
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign the Estoppel Certificate, Amendment and Assignment and Assumption Agreement (Disposition and Development Agreement regarding 655 H Street)
• Approve and authorize the City Manager to sign the grant deed and financing documents for the transfer of 655 H Street to Crescent City H Street LP • Approve and authorize the City Manager to sign financing documents for the $4.75 million CPLHA loan in substantially the same form as those presented and as approved by the City Attorney
CITY COUNCIL ITEMS
➢ Reports, Concerns, Referrals, Council travel and training reports – In accordance with Gov’t Code § 54954.2(a), City Council Members may make brief announcements or brief reports on their own activities. They may ask questions for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. ➢ Legislative Matters – Consider miscellaneous legislative matters pertinent to the City of Crescent City. Authorize the Mayor to sign the appropriate letters and/or positions with respect to such matters.
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4/15/24 COUNCIL AGENDA
➢ City Manager Report and City Council Directives – Pursuant to Crescent City Municipal Code § 2.08.200, the City Council may instruct the city manager on matters of importance to the administrative services of the City and provide direction with respect to subordinates of the City Manager. (Directives from individual Council Members that are not objected to by any member present shall be considered an order of the City Council.)
ADJOURNMENT
Adjourn to the budget workshop of the City Council of the City of Crescent City on Monday, April 25, 2024 at 6:00 p.m. at the Wastewater Treatment Facility, 210 Battery Street, Crescent City, CA 95531.
POSTED:
April 12, 2024
/s/ Robin Altman
City Clerk/Administrative Analyst
Vision:
The City of Crescent City will continue to stand the test of time and promote quality of life and community pride for our residents, businesses and visitors through leadership, diversity, and teamwork.
Mission:
The purpose of our city is to promote a high quality of life, leadership and services to the residents, businesses, and visitors we serve. The City is dedicated to providing the most efficient, innovative and economically sound municipal services building on our diverse history, culture and unique natural resources.
Values:
Accountability
Honesty & Integrity
Excellent Customer Service
Effective & Active Communication
Teamwork
Fiscally Responsible
Accounts Payable
User:
Printed:
[email protected]
4/9/2024 5:28 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH EDDTAX State of California EDD TAX Auto Pay 04/01/2024 0.00 5,322.97 ACH FITTAX FIT Payroll Taxes Auto Pay 04/01/2024 0.00 22,841.09 ACH PERS1 PERS Health 04/01/2024 0.00 96,467.54
ACH PERS2 Public Emp Retirement Sys 04/01/2024 0.00 35,751.85 445201 AMFAM American Family Life 04/01/2024 0.00 1,291.92 445202 AMLIF Ameritas Life Ins. Corp. 04/01/2024 0.00 5,475.84 445203 CLEA California Law Enforcement Association 04/01/2024 0.00 416.00 445204 REDWMO Kevin J Caldwell MD Inc 04/01/2024 0.00 294.00 445205 ICMARE Mission Square 04/01/2024 0.00 2,306.81
445206 PARS PARS, Public Agency Retirement 04/01/2024 0.00 300.00 445207 STANDAI Standard Insurance Company 04/01/2024 0.00 2,581.59 445208 VISION Vision Service Plan 04/01/2024 0.00 1,292.70 445209 AMAZON Amazon Capital Services, Inc 04/04/2024 0.00 8,107.45 445210 BARONEMi Misty Barone 04/04/2024 0.00 45.50
445211 BLUEST Blue Star Gas Associates 04/04/2024 0.00 7,690.97 445212 BOBERTZG Gloria Bobertz 04/04/2024 0.00 222.53
445213 ZCAEQUA1 Cal Dept of Tax and Fee Admin- Use Tax 04/04/2024 0.00 1,657.00 445214 CANON Canon Solutions America Inc 04/04/2024 0.00 78.02 445215 CARAHSOF Carahsoft Technology Corporation 04/04/2024 0.00 14.99 445216 CASADel Casa of Del Norte 04/04/2024 0.00 575.00 445217 CELLEB Cellebrite Inc 04/04/2024 0.00 19,376.75
445218 BATTSYS Continental Battery Company 04/04/2024 0.00 160.01 445219 ROTORO Curry Transfer & Recycling Inc 04/04/2024 0.00 9,159.24 445220 DNCORO D N Co Road Dept 04/04/2024 0.00 31,156.60 445221 DATAPILO DATAPILOT, Inc 04/04/2024 0.00 10,239.18 445222 DeCossKr Kris DeCossio 04/04/2024 0.00 75.00
445223 DELLMA Dell Marketing LP 04/04/2024 0.00 3,919.16 445224 DISH Dish Network LLC 04/04/2024 0.00 949.13
445225 EMERGENC Emergency Services Marketing Corp Inc. 04/04/2024 0.00 810.00 445226 ENGLUN Englund Marine Supply Co. 04/04/2024 0.00 228.30 445227 ESRIEN Enviornmental Systems Research Institute, Inc04/04/2024 0.00 1,530.00 445228 EUREKAO Eureka Oxygen Co. 04/04/2024 0.00 198.40 445229 VERIZO2 Frontier California Inc 04/04/2024 0.00 285.25 445230 GHD INC GHD Inc 04/04/2024 0.00 7,976.97
445231 GRAING Grainger 04/04/2024 0.00 199.64
445232 GREENWOR GreenWorks, P.C. 04/04/2024 0.00 34,635.15 445233 GRIFFINR Richard Griffin 04/04/2024 0.00 222.53
445234 HAMWSG Hambro WSG Inc 04/04/2024 0.00 6,518.83
445235 HARPER Harvey M. Harper Company 04/04/2024 0.00 227.24 445236 HASTINGS Roy Hastings 04/04/2024 0.00 4,450.00
445237 HEMMIN Hemmingsen Contracting Co Inc 04/04/2024 0.00 35,370.52 445238 HOLLLin Lindy Holloway 04/04/2024 0.00 75.00
445239 HUTCHENS Elizabeth Hutchens 04/04/2024 0.00 97.37 445240 INDEPE Independent Business Forms, Inc 04/04/2024 0.00 1,169.94 445241 INSCOREB Blake Inscore 04/04/2024 0.00 47.40
445242 TOWN&COU Jacobson and Miller PC 04/04/2024 0.00 947.15 445243 JOHNSChr Christi Johnson 04/04/2024 0.00 179.70
AP Checks by Date - Summary by Check Number (4/9/2024 5:28 PM) Page 1 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 445244 LNCURT L.N. Curtis & Sons 04/04/2024 0.00 958.84 445245 Lexipol Lexipol LLC 04/04/2024 0.00 1,522.50
445246 LEXISNEX LexisNexis Risk Data Management Inc 04/04/2024 0.00 200.00 445247 CCHAY&FE Tony Lundback 04/04/2024 0.00 276.91
445248 THRIFT Malcolm Kelly Inc. 04/04/2024 0.00 235.35 445249 MEYERSPO Meyers Police K-9 Training, LLC 04/04/2024 0.00 5,875.00 445250 NCLAB Microbac Laboratories, Inc. 04/04/2024 0.00 214.00 445251 MICROBIO Microbiologics, Inc 04/04/2024 0.00 893.38 445252 MILLERE Ethan Miller 04/04/2024 0.00 404.23
445253 MILLRand Randal Miller 04/04/2024 0.00 9.57
445254 MISSIONC Mission Communications LLC 04/04/2024 0.00 563.40 445255 MISSIO Mission Linen Supply 04/04/2024 0.00 561.05 445256 MOBILEHR MobileHRNow LLC 04/04/2024 0.00 3,825.00 445257 MORJON Mor-Jon Inc 04/04/2024 0.00 69.02
445258 HUMPES Northwest Property Services Inc 04/04/2024 0.00 82.00 445259 ONEILSh Sean O'Neil 04/04/2024 0.00 184.95
445260 JACOBS Operations Management International, Inc. 04/04/2024 0.00 149,621.55 445261 OREILLY O'Reilly Auto Enterprises LLC 04/04/2024 0.00 678.14 445262 OTIS E Otis Elevator Company Inc 04/04/2024 0.00 376.85 445263 OWENEQ Owen Equipment Sales 04/04/2024 0.00 265.00 445264 MENDES Pacific Packaging & Supply Co Inc 04/04/2024 0.00 1,280.24 445265 PAPEMAT Pape Group Inc, The 04/04/2024 0.00 6,122.09 445266 HITECHSE Pinger Industries, Inc. 04/04/2024 0.00 143.97 445267 PSWRCN Pswrc Nahro 04/04/2024 0.00 138.96
445268 RAWLINGS Christa Rawlings 04/04/2024 0.00 750.00 445269 DNDISP Recology Del Norte 04/04/2024 0.00 1,800.46 445270 LEXISNE RELX Inc 04/04/2024 0.00 275.00
445271 SPRING SBRK Finance Holdings, Inc 04/04/2024 0.00 677.00 445272 SHAMBSte Steve Shamblin 04/04/2024 0.00 75.00
445273 SHIELD Shields, Harper & Co. 04/04/2024 0.00 14,535.63 445274 SHNCON SHN Consulting Engineers & Geologists Inc 04/04/2024 0.00 2,661.25 445275 SMITHCod Cody Smith 04/04/2024 0.00 108.20
445276 SMITHMJ Kimberly D Smith 04/04/2024 0.00 150.00
445277 BRATWEAR Sound Uniform Solutions, Inc 04/04/2024 0.00 504.13 445278 SPECIALP Specialized Pavement Marking, LLC 04/04/2024 0.00 2,872.00 445279 SPERLING Connor Sperling 04/04/2024 0.00 194.84
445280 ZCADSA State of California - Div of the State Architect04/04/2024 0.00 16.00 445281 DNOFFI Debra Stover 04/04/2024 0.00 125.68
445282 STOVER Ward Stover 04/04/2024 0.00 12,251.11
445283 TINKLERC Candace Lee Tinkler 04/04/2024 0.00 75.00 445284 CALCARDS US Bank Corporate Pmt Systems 04/04/2024 0.00 24,461.17 445285 USPM2 USPS - Hasler 04/04/2024 0.00 2,000.00
445286 VERIZO3 Verizon Wireless Services LLC 04/04/2024 0.00 4,882.98 445287 WALPR Ray Walp 04/04/2024 0.00 75.00
445288 WENDTJ John Wendt 04/04/2024 0.00 75.00
445289 CACEHA Wiececke and Associates 04/04/2024 0.00 2,882.38 445290 WOODSP Woods Plumbing Inc 04/04/2024 0.00 390.00 445291 WOODYLis Lisa Woody 04/04/2024 0.00 150.00
Report Total (95 checks): 0.00 609,428.06
AP Checks by Date - Summary by Check Number (4/9/2024 5:28 PM) Page 2 AP
3-23-24 to 4-05-24 Council
User: [email protected]
Printed: 4/9/2024 5:27:23 PM
Check Number Check Date Acct 1 Description Amount Selected For Void 0 4/1/2024 610-000-2188-00000 PR Batch 00003.03.2024 Medicare Employee Portion 1,643.00 False 0 4/1/2024 610-000-2188-00000 PR Batch 00033.03.2024 Medicare Employee Portion 1,237.28 False 0 4/1/2024 610-000-2188-00000 PR Batch 00003.03.2024 Medicare Employer Portion 1,643.00 False 0 4/1/2024 610-000-2188-00000 PR Batch 00033.03.2024 Medicare Employer Portion 1,237.28 False 0 4/1/2024 610-000-2187-00000 PR Batch 00003.03.2024 EE PERS Contribution 7,955.65 False 0 4/1/2024 610-000-2187-00000 PR Batch 00033.03.2024 ER PERS Contribution 9,612.22 False 0 4/1/2024 610-000-2187-00000 PR Batch 00003.03.2024 ER PERS Contribution 10,247.55 False 0 4/1/2024 610-000-2187-00000 PR Batch 00003.03.2024 Survivor Benefit 34.41 False 0 4/1/2024 610-000-2187-00000 PR Batch 00033.03.2024 Survivor Benefit 23.89 False 0 4/1/2024 610-000-2187-00000 PR Batch 00003.03.2024 Service Credit Purchase 413.20 False 0 4/1/2024 610-000-2187-00000 PR Batch 00033.03.2024 EE PERS Contribution 7,464.93 False 0 4/1/2024 610-000-2185-00000 PR Batch 00033.03.2024 State Income Tax 2,423.63 False 0 4/1/2024 610-000-2185-00000 PR Batch 00003.03.2024 State Income Tax 2,899.34 False 0 4/1/2024 001-111-4125-00000 April 24 - Admin Fees - Active 288.06 False 0 4/1/2024 630-000-4125-00000 April 24 - Premiums - Retirees 6,113.00 False 0 4/1/2024 630-111-4409-00000 April 24 - Admin Fees - Retirees 48.23 False 0 4/1/2024 610-000-2173-00000 April 24 - Premiums - Active 90,018.25 False 0 4/1/2024 610-000-2189-00000 PR Batch 00003.03.2024 Federal Income Tax 9,943.03 False 0 4/1/2024 610-000-2189-00000 PR Batch 00033.03.2024 Federal Income Tax 7,137.50 False 445201 4/1/2024 610-000-2174-00000 April 24 Premiums - Acct # Q9377 1,291.92 False 445202 4/1/2024 610-000-2177-00000 April 24 Premiums - Acct # 010-21636 00001 5,475.84 False 445203 4/1/2024 610-000-2179-00000 April 24 Billing 416.00 False 445204 4/1/2024 001-470-4407-00000 Pre-employment Testing - PW Mechanic 7.90 False 445204 4/1/2024 419-371-4407-00000 Pre-employment Testing - PW Mechanic 63.50 False 445204 4/1/2024 001-364-4407-00000 Pre-employment Testing - PW Mechanic 7.90 False 445204 4/1/2024 001-230-4407-00000 Pre-employment Testing - Fire 194.00 False 445204 4/1/2024 413-353-4407-00000 Pre-employment Testing - PW Mechanic 20.70 False 445205 4/1/2024 610-000-2186-00000 Plan # 306752 777.46 False 445205 4/1/2024 610-000-2178-00000 Plan # 300878 200.00 False 445205 4/1/2024 610-000-2186-00000 Plan # 306752 365.69 False 445205 4/1/2024 610-000-2186-00000 Plan # 306752 163.01 False 445205 4/1/2024 610-000-2178-00000 Plan # 300878 608.98 False 445205 4/1/2024 610-000-2186-00000 Plan # 306752 76.67 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 1 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445205 4/1/2024 610-000-2178-00000 Plan # 300878 115.00 False 445206 4/1/2024 630-111-4409-00000 Jan 24 Fees 300.00 False 445207 4/1/2024 610-000-2179-00000 April 24 Premiums - Acct # 00 639849 0001 2,581.59 False 445208 4/1/2024 610-000-2175-00000 April 24 Premiums 1,292.70 False 445209 4/4/2024 419-120-4311-00000 Desks/shelves/chair for CR Office & copy/file clerk chair 338.43 False 445209 4/4/2024 413-120-4311-00000 Desks/shelves/chair for CR Office & copy/file clerk chair 338.42 False 445209 4/4/2024 001-240-4390-00000 Paper shredder sharpener, Screwdriver set 136.32 False 445209 4/4/2024 419-120-4310-00000 Sticky notes, pens, paper, stapler 16.89 False 445209 4/4/2024 001-120-4310-00000 Sticky notes, pens, paper, stapler 16.88 False 445209 4/4/2024 413-120-4310-00000 Sticky notes, pens, paper, stapler 16.88 False 445209 4/4/2024 001-471-4310-00000 CH Office Supplies 0.17 False 445209 4/4/2024 001-480-4390-2020S Walkie Talkies 395.20 False 445209 4/4/2024 001-240-4370-00000 Furnace filters 278.66 False 445209 4/4/2024 412-120-4310-00000 CH Office Supplies 0.32 False 445209 4/4/2024 508-508-4390-00000 Ignition Key 20.56 False 445209 4/4/2024 508-508-4390-00000 Rain Guards 48.70 False 445209 4/4/2024 413-130-4310-00000 CH Office Supplies 0.32 False 445209 4/4/2024 001-240-4320-00000 Honeywell Survivair 312.84 False 445209 4/4/2024 001-112-4434-00000 Kid's Activities - Balance Beams 210.40 False 445209 4/4/2024 001-112-4434-00000 Kid's Activities - Oragami 51.70 False 445209 4/4/2024 001-000-1350-00000 Employee Technology Loan for Officer Daniel Sanders 928.79 False 445209 4/4/2024 001-240-4390-00000 Cotton-Tipped Wood applicators 81.18 False 445209 4/4/2024 001-240-4310-00000 Blank discs/DVDs 240.50 False 445209 4/4/2024 420-115-4390-00000 Charger block, charger cable 30.26 False 445209 4/4/2024 420-115-4390-00000 Blue light glasses 21.62 False 445209 4/4/2024 001-112-4390-00000 Misc Supplies - 60th Anniversary Tsunami Event 60.50 False 445209 4/4/2024 001-313-4310-00000 CH Office Supplies 0.78 False 445209 4/4/2024 419-130-4310-00000 CH Office Supplies 0.32 False 445209 4/4/2024 419-111-4310-00000 CH Office Supplies 0.52 False 445209 4/4/2024 001-364-4310-00000 CH Office Supplies 0.54 False 445209 4/4/2024 413-120-4310-00000 CH Office Supplies 3.07 False 445209 4/4/2024 413-357-4310-00000 CH Office Supplies 0.91 False 445209 4/4/2024 001-111-4310-00000 CH Office Supplies 0.54 False 445209 4/4/2024 001-480-4310-00000 CH Office Supplies 0.35 False 445209 4/4/2024 419-120-4310-00000 CH Office Supplies 3.07 False 445209 4/4/2024 001-112-4310-00000 CH Office Supplies 0.40 False 445209 4/4/2024 413-353-4310-00000 CH Office Supplies 0.51 False 445209 4/4/2024 001-470-4310-00000 CH Office Supplies 0.30 False 445209 4/4/2024 412-100-4310-00000 CH Office Supplies 0.49 False 445209 4/4/2024 001-113-4310-00000 CH Office Supplies 1.50 False 445209 4/4/2024 413-111-4310-00000 CH Office Supplies 0.51 False 445209 4/4/2024 001-350-4310-00000 CH Office Supplies 1.18 False 445209 4/4/2024 001-114-4310-00000 CH Office Supplies 1.58 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 2 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445209 4/4/2024 001-251-4310-00000 CH Office Supplies 0.40 False 445209 4/4/2024 420-115-4310-00000 CH Office Supplies 3.12 False 445209 4/4/2024 001-120-4310-00000 CH Office Supplies 2.77 False 445209 4/4/2024 413-352-4310-00000 CH Office Supplies 0.24 False 445209 4/4/2024 001-250-4310-00000 CH Office Supplies 0.35 False 445209 4/4/2024 419-371-4310-00000 CH Office Supplies 1.96 False 445209 4/4/2024 001-130-4310-00000 CH Office Supplies 0.40 False 445209 4/4/2024 419-371-4390-00000 Toner for PW 96.32 False 445209 4/4/2024 001-480-4390-2020S Walkie Talkies 357.21 False 445209 4/4/2024 001-480-4340-00000 Titrating 2oz 64.24 False 445209 4/4/2024 420-115-4390-00000 USB C Adapters 6.48 False 445209 4/4/2024 001-240-4471-00000 Flash drives, Screwdriver set 470.23 False 445209 4/4/2024 001-240-4471-00000 Flash drives, Desk 325.60 False 445209 4/4/2024 506-506-4390-00000 Do Not Enter Sign 108.20 False 445209 4/4/2024 508-508-4390-00000 Copper Wire Plugs 13.94 False 445209 4/4/2024 001-240-4471-00000 Whiteboards (2) 142.68 False 445209 4/4/2024 001-240-4320-00000 Responder Bags 424.46 False 445209 4/4/2024 001-112-4434-00000 Misc Decorations 428.87 False 445209 4/4/2024 001-120-4311-00000 Desks/shelves/chair for CR Office & copy/file clerk chair 338.42 False 445209 4/4/2024 001-112-4434-00000 Misc Decorations/Activities 451.47 False 445209 4/4/2024 001-112-4434-00000 Kid's Activities - Agility Tunnels 369.10 False 445209 4/4/2024 412-100-4390-00000 Water Cooler Dispenser 226.82 False 445209 4/4/2024 001-120-4312-00000 Replacement Printer 486.04 False 445209 4/4/2024 420-115-4390-00000 HDMI Adapter 21.60 False 445209 4/4/2024 413-120-4310-00000 Payroll Envelopes 7.76 False 445209 4/4/2024 419-120-4310-00000 Payroll Envelopes 7.76 False 445209 4/4/2024 001-120-4310-00000 Payroll Envelopes 7.75 False 445210 4/4/2024 001-000-3221-00000 Refund - Booking error - Conf # 5446 4.14 False 445210 4/4/2024 412-000-3570-00000 Refund - Booking error - Conf # 5446 41.36 False 445211 4/4/2024 001-240-4220-00000 Finance charge - Acct # 02-1038315 2.00 False 445211 4/4/2024 001-480-4220-2020S Propane FY24- 02/15-03/14/24 - Acct # 02-0065442 7,137.18 False 445211 4/4/2024 001-471-4220-00000 Gas usage 02/15-03/14/24 - Acct # 02-0065468 11.00 False 445211 4/4/2024 001-112-4210-00000 Gas usage 02/15-03/14/24 - Acct # 02-1031563 529.79 False 445211 4/4/2024 001-240-4220-00000 Gas usage 02/15-03/14/24 - Acct # 02-1038315 11.00 False 445212 4/4/2024 001-240-4530-00000 4/15-4/19/24 - Missing Persons Conf - Las Vegas - per diem meals 222.53 False 445213 4/4/2024 419-000-2122-00000 Use Tax Payable: 01/01-03/31/24 61.84 False 445213 4/4/2024 001-000-2122-00000 Use Tax Payable: 01/01-03/31/24 684.63 False 445213 4/4/2024 001-120-4400-00000 Use Tax Payable: 01/01-03/31/24 -0.14 False 445213 4/4/2024 413-000-2122-00000 Use Tax Payable: 01/01-03/31/24 390.63 False 445213 4/4/2024 420-000-2122-00000 Use Tax Payable: 01/01-03/31/24 202.08 False 445213 4/4/2024 919-000-2122-00000 Use Tax Payable: 01/01-03/31/24 317.96 False 445214 4/4/2024 506-506-4450-00000 Copier Maintenance - 03/25-04/24/24 21.87 False 445214 4/4/2024 506-506-4450-00000 Copier Maintenance - 02/25-03/24/24 56.15 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 3 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445216 4/4/2024 001-000-2230-00000 CC DEPOSIT REFUND: Ref# 7965742 Event: 3/22-3/24/24 Casa DN 575.00 False 445217 4/4/2024 001-240-4480-00000 Annual subscription renewal 02/08/24-02/05/25 19,376.75 False 445218 4/4/2024 508-508-4390-00000 Battery 160.01 False 445219 4/4/2024 413-356-4450-35022 Emergency pumping of Roy Lift Station - Acct # 2040-35742-006 2,836.24 False 445219 4/4/2024 413-356-4450-35022 Emergency pumping of Madison Lift Station - Acct # 2040-35742-00 6,323.00 False 445220 4/4/2024 919-371-4799-37119 Emergency culvert replacement - Washington Blvd (split w/County) 31,156.60 False 445221 4/4/2024 001-240-4312-00000 Forensic Software and tablet forensics 10,239.18 False 445222 4/4/2024 001-313-4560-00000 Quarterly Commissioner Stipend: 01/01-03/31/24 75.00 False 445223 4/4/2024 001-350-4312-00000 Computer & Monitor for Project Engineering Manager 1,323.04 False 445223 4/4/2024 419-371-4450-00000 Dell Warranty Renewals for SCADA server hosts 1,820.70 False 445223 4/4/2024 420-115-4450-00000 Dell Warranty Renewals for 3 servers 775.42 False 445224 4/4/2024 412-100-4230-00000 TV Charges - 03/25-04/24/24 949.13 False 445225 4/4/2024 001-230-4409-00000 IAmResponding Annual Subscription - 3/23/24-3/22/25 810.00 False 445226 4/4/2024 419-371-4390-00000 Gasket Material 12.55 False 445226 4/4/2024 412-100-4390-00000 Blue steel rope 5.20 False 445226 4/4/2024 001-364-4390-10025 Gasket Material 12.57 False 445226 4/4/2024 413-353-4390-00000 Gasket Material 12.55 False 445226 4/4/2024 413-356-4390-35022 Stainless steel part 43.13 False 445226 4/4/2024 413-356-4390-35022 Stainless steel part - RETURN -43.13 False 445226 4/4/2024 001-470-4390-POINT Hog Ring, Rope 40.27 False 445226 4/4/2024 001-470-4390-POINT Rope, thimble 12.19 False 445226 4/4/2024 001-470-4390-00000 Jacket 66.49 False
445226 4/4/2024 506-506-4390-00000 Jacket 66.48 False
445227 4/4/2024 420-115-4450-00000 ArcGISPro Licensing (2 seats/ 1 year) 03/22/24-03/21/25 1,530.00 False 445228 4/4/2024 001-230-4390-00000 Cylinder rental x11 198.40 False 445229 4/4/2024 001-240-4230-00000 Radio to Sherriff - 28.97 False 445229 4/4/2024 419-371-4230-00000 Water System Phone 464-2826 - 96.98 False 445229 4/4/2024 419-371-4230-00000 Water System Phone Bill 707-1006 - 27.88 False 445229 4/4/2024 419-371-4230-00000 707-465-3386 Water Scada Phone 131.42 False 445230 4/4/2024 155-485-4409-22SDP Storm Drain Master Plan- Thru 2/29/24 7,976.97 False 445231 4/4/2024 506-506-4390-00000 Key Blank 13.70 False 445231 4/4/2024 419-371-4390-00000 Drill Set 52.61 False 445231 4/4/2024 419-371-4390-00000 Laptop Backpack 133.33 False 445232 4/4/2024 901-470-4799-47012 Landscape design services for Beachfront Park - Thru 9/30/23 31,312.25 False 445232 4/4/2024 001-471-4409-00000 Cultural Center revisioning - Thru 09/30/23 3,322.90 False 445233 4/4/2024 001-240-4530-00000 4/15-4/19/24 - Missing Persons Conf - Las Vegas - per diem meals 222.53 False 445234 4/4/2024 413-000-1202-00000 Sludge Processing 2,196.22 False 445234 4/4/2024 413-000-1202-00000 Sludge Processing 2,182.26 False 445234 4/4/2024 413-000-1202-00000 Sludge Processing 2,140.35 False 445235 4/4/2024 508-508-4390-00000 Floor Kit 227.24 False 445236 4/4/2024 901-364-4799-fstpl NEPA for Front Street from Play to L St 4,450.00 False 445237 4/4/2024 001-364-4450-2020S Pothole fixes at multiple locations - 2/24-3/18/24 35,370.52 False 445238 4/4/2024 001-000-2230-00000 CC DEPOSIT REFUND: Ref #7960884 Event Date: 03/02/24 Holloway 75.00 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 4 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445239 4/4/2024 001-114-4390-00000 Safety Committee Boot Reimbursement FY24 97.37 False 445240 4/4/2024 001-250-4310-00000 CH -Envelopes 3.80 False 445240 4/4/2024 413-120-4310-00000 CH -Envelopes 33.34 False 445240 4/4/2024 413-353-4310-00000 CH -Envelopes 5.56 False 445240 4/4/2024 412-100-4310-00000 CH -Envelopes 5.27 False 445240 4/4/2024 419-130-4310-00000 CH -Envelopes 3.50 False 445240 4/4/2024 001-470-4310-00000 CH -Envelopes 3.22 False 445240 4/4/2024 419-371-4310-00000 CH -Envelopes 21.35 False 445240 4/4/2024 413-111-4310-00000 CH -Envelopes 5.56 False 445240 4/4/2024 412-100-4310-00000 CH -Envelopes 5.27 False 445240 4/4/2024 420-115-4310-00000 CH -Envelopes 33.96 False 445240 4/4/2024 001-114-4310-00000 CH -Envelopes 17.25 False 445240 4/4/2024 413-353-4310-00000 CH -Envelopes 5.56 False 445240 4/4/2024 413-357-4310-00000 CH -Envelopes 9.94 False 445240 4/4/2024 413-352-4310-00000 CH -Envelopes 2.63 False 445240 4/4/2024 419-371-4310-00000 CH -Envelopes 21.35 False 445240 4/4/2024 413-352-4310-00000 CH -Envelopes 2.63 False 445240 4/4/2024 412-120-4310-00000 CH -Envelopes 3.50 False 445240 4/4/2024 001-313-4310-00000 CH -Envelopes 8.48 False 445240 4/4/2024 413-130-4310-00000 CH -Envelopes 3.51 False 445240 4/4/2024 001-251-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 001-112-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 413-130-4310-00000 CH -Envelopes 3.51 False 445240 4/4/2024 419-120-4310-00000 CH -Envelopes 33.33 False 445240 4/4/2024 413-120-4310-00000 CH -Envelopes 33.34 False 445240 4/4/2024 001-350-4310-00000 CH -Envelopes 12.87 False 445240 4/4/2024 413-111-4310-00000 CH -Envelopes 5.55 False 445240 4/4/2024 001-114-4310-00000 CH -Envelopes 17.25 False 445240 4/4/2024 001-113-4310-00000 CH -Envelopes 16.37 False 445240 4/4/2024 001-480-4310-00000 CH -Envelopes 3.80 False 445240 4/4/2024 419-120-4310-00000 CH -Envelopes 33.33 False 445240 4/4/2024 001-111-4310-00000 CH -Envelopes 5.85 False 445240 4/4/2024 420-115-4310-00000 CH -Envelopes 33.92 False 445240 4/4/2024 413-111-4310-00000 CH -Envelopes 5.55 False 445240 4/4/2024 001-120-4310-00000 CH -Envelopes 30.12 False 445240 4/4/2024 420-115-4310-00000 CH -Envelopes 33.92 False 445240 4/4/2024 419-120-4310-00000 CH -Envelopes 33.37 False 445240 4/4/2024 001-111-4310-00000 CH -Envelopes 5.85 False 445240 4/4/2024 001-313-4310-00000 CH -Envelopes 8.48 False 445240 4/4/2024 419-120-4310-00000 CH -Envelopes 33.33 False 445240 4/4/2024 001-480-4310-00000 CH -Envelopes 3.81 False 445240 4/4/2024 001-471-4310-00000 CH -Envelopes 1.76 False 445240 4/4/2024 001-471-4310-00000 CH -Envelopes 1.75 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 5 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445240 4/4/2024 001-130-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 419-130-4310-00000 CH -Envelopes 3.51 False 445240 4/4/2024 001-113-4310-00000 CH -Envelopes 16.37 False 445240 4/4/2024 001-350-4310-00000 CH -Envelopes 12.87 False 445240 4/4/2024 413-352-4310-00000 CH -Envelopes 2.63 False 445240 4/4/2024 001-111-4310-00000 CH -Envelopes 5.85 False 445240 4/4/2024 413-120-4310-00000 CH -Envelopes 33.34 False 445240 4/4/2024 001-471-4310-00000 CH -Envelopes 1.76 False 445240 4/4/2024 001-480-4310-00000 CH -Envelopes 3.80 False 445240 4/4/2024 001-114-4310-00000 CH -Envelopes 17.27 False 445240 4/4/2024 001-112-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 001-251-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 413-357-4310-00000 CH -Envelopes 9.94 False 445240 4/4/2024 001-120-4310-00000 CH -Envelopes 30.12 False 445240 4/4/2024 001-113-4310-00000 CH -Envelopes 16.40 False 445240 4/4/2024 001-130-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 001-250-4310-00000 CH -Envelopes 3.80 False 445240 4/4/2024 413-357-4310-00000 CH -Envelopes 9.94 False 445240 4/4/2024 413-111-4310-00000 CH -Envelopes 5.55 False 445240 4/4/2024 001-251-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 001-470-4310-00000 CH -Envelopes 3.22 False 445240 4/4/2024 412-100-4310-00000 CH -Envelopes 5.27 False 445240 4/4/2024 001-250-4310-00000 CH -Envelopes 3.80 False 445240 4/4/2024 001-364-4310-00000 CH -Envelopes 5.85 False 445240 4/4/2024 413-353-4310-00000 CH -Envelopes 5.56 False 445240 4/4/2024 001-114-4310-00000 CH -Envelopes 17.25 False 445240 4/4/2024 413-353-4310-00000 CH -Envelopes 5.56 False 445240 4/4/2024 001-350-4310-00000 CH -Envelopes 12.88 False 445240 4/4/2024 001-480-4310-00000 CH -Envelopes 3.80 False 445240 4/4/2024 419-111-4310-00000 CH -Envelopes 5.55 False 445240 4/4/2024 001-112-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 419-371-4310-00000 CH -Envelopes 21.37 False 445240 4/4/2024 413-130-4310-00000 CH -Envelopes 3.51 False 445240 4/4/2024 419-130-4310-00000 CH -Envelopes 3.50 False 445240 4/4/2024 419-371-4310-00000 CH -Envelopes 21.35 False 445240 4/4/2024 413-120-4310-00000 CH -Envelopes 33.37 False 445240 4/4/2024 001-470-4310-00000 CH -Envelopes 3.22 False 445240 4/4/2024 413-357-4310-00000 CH -Envelopes 9.95 False 445240 4/4/2024 420-115-4310-00000 CH -Envelopes 33.92 False 445240 4/4/2024 419-111-4310-00000 CH -Envelopes 5.56 False 445240 4/4/2024 001-313-4310-00000 CH -Envelopes 8.48 False 445240 4/4/2024 001-251-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 001-120-4310-00000 CH -Envelopes 30.12 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 6 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445240 4/4/2024 001-364-4310-00000 CH -Envelopes 5.85 False 445240 4/4/2024 412-120-4310-00000 CH -Envelopes 3.50 False 445240 4/4/2024 001-112-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 001-471-4310-00000 CH -Envelopes 1.76 False 445240 4/4/2024 001-120-4310-00000 CH -Envelopes 30.15 False 445240 4/4/2024 419-111-4310-00000 CH -Envelopes 5.55 False 445240 4/4/2024 412-120-4310-00000 CH -Envelopes 3.51 False 445240 4/4/2024 419-130-4310-00000 CH -Envelopes 3.50 False 445240 4/4/2024 001-130-4310-00000 CH -Envelopes 4.39 False 445240 4/4/2024 412-100-4310-00000 CH -Envelopes 5.27 False 445240 4/4/2024 419-111-4310-00000 CH -Envelopes 5.55 False 445240 4/4/2024 001-250-4310-00000 CH -Envelopes 3.80 False 445240 4/4/2024 001-470-4310-00000 CH -Envelopes 3.22 False 445240 4/4/2024 412-120-4310-00000 CH -Envelopes 3.50 False 445240 4/4/2024 001-350-4310-00000 CH -Envelopes 12.87 False 445240 4/4/2024 413-130-4310-00000 CH -Envelopes 3.51 False 445240 4/4/2024 001-364-4310-00000 CH -Envelopes 5.86 False 445240 4/4/2024 001-111-4310-00000 CH -Envelopes 5.85 False 445240 4/4/2024 001-313-4310-00000 CH -Envelopes 8.49 False 445240 4/4/2024 001-364-4310-00000 CH -Envelopes 5.85 False 445240 4/4/2024 001-113-4310-00000 CH -Envelopes 16.37 False 445240 4/4/2024 413-352-4310-00000 CH -Envelopes 2.63 False 445240 4/4/2024 001-130-4310-00000 CH -Envelopes 4.39 False 445241 4/4/2024 001-110-4530-00000 4/10-4/11/24 - San Francisco- Meeting w/ Consul for Japan - meal 47.40 False 445242 4/4/2024 001-240-4380-00000 K9 boarding and medical - Inv # 725786, 728483 & Finance Charge 947.15 False 445243 4/4/2024 001-000-3221-00000 Cancellation with more that 72 hours notice - Conf # 5527 16.34 False 445243 4/4/2024 412-000-3570-00000 Cancellation with more that 72 hours notice - Conf # 5527 163.36 False 445244 4/4/2024 001-230-4395-2020S (30) gloves, (10) rubber boots, (10) structure boots, (30) hoods 201.24 False 445244 4/4/2024 001-230-4395-2020S (30) gloves, (10) rubber boots, (10) structure boots, (30) hoods 757.60 False 445245 4/4/2024 001-240-4530-00000 PoliceOne academy online training program 5/1/24-4/30/25 1,522.50 False 445246 4/4/2024 001-240-4409-00000 Monthly service fee - Feb 24 - Inv # 1455780-20240229 200.00 False 445247 4/4/2024 419-371-4390-00000 Matts for Truck #10 69.22 False 445247 4/4/2024 413-353-4390-00000 Matts for Truck #10 69.22 False 445247 4/4/2024 001-364-4390-10025 Matts for Truck #10 69.24 False 445247 4/4/2024 001-364-4390-10025 Stall matts 23.09 False 445247 4/4/2024 413-353-4390-00000 Stall matts 23.07 False 445247 4/4/2024 419-371-4390-00000 Stall matts 23.07 False 445248 4/4/2024 001-470-4390-00000 Park Restroom Parts 82.83 False 445248 4/4/2024 001-470-4390-00000 Park Restroom Parts 140.44 False 445248 4/4/2024 506-506-4390-00000 Wrench 12.08 False
445249 4/4/2024 001-240-4530-00000 Monthly K9 Maintenance- Kai 291.67 False 445249 4/4/2024 001-240-4530-2020S Monthly K9 Maintenance - K9 Koysta 291.66 False 445249 4/4/2024 001-240-4530-2020S Monthly K9 Maintenance - Murtaugh 291.67 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 7 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445249 4/4/2024 001-240-4380-00000 Purchase of Police K9 - Final payout 5,000.00 False 445250 4/4/2024 413-351-4685-00000 External regulatory lab tests for CCWQL & pretreat reimb 60.00 False 445250 4/4/2024 413-352-4470-00000 External testing for WWTP FY24 154.00 False 445251 4/4/2024 413-351-4390-00000 ATCC microorganisms FY24 - Acct # 123155 893.38 False 445252 4/4/2024 001-240-4530-00000 3/17-3/19/24 - Court- San Francisco- meals- FINAL 181.70 False 445252 4/4/2024 001-240-4530-00000 4/15-4/19/24 - Missing Persons Conf - Las Vegas - per diem meals 222.53 False 445253 4/4/2024 001-000-3221-00000 Cancellation with more that 72 hours notice - Conf # 5856 0.87 False 445253 4/4/2024 412-000-3570-00000 Cancellation with more that 72 hours notice - Conf # 5856 8.70 False 445254 4/4/2024 412-100-4409-00000 Annual Scada renewal - RV Park Lift Station FY24 563.40 False 445255 4/4/2024 001-251-4370-00000 City Hall Mats 0.36 False 445255 4/4/2024 419-371-4370-00000 City Hall Mats 1.73 False 445255 4/4/2024 413-351-4320-00000 Laundry Service/Uniforms FY24 16.46 False 445255 4/4/2024 413-357-4370-00000 City Hall Mats 0.80 False 445255 4/4/2024 001-130-4370-00000 City Hall Mats 0.36 False 445255 4/4/2024 419-371-4370-00000 City Hall Mats 1.73 False 445255 4/4/2024 001-480-4450-00000 Pool mats 39.09 False 445255 4/4/2024 001-471-4370-00000 City Hall Mats 0.14 False 445255 4/4/2024 001-120-4370-00000 City Hall Mats 2.45 False 445255 4/4/2024 420-115-4370-00000 City Hall Mats 2.76 False 445255 4/4/2024 001-251-4370-00000 City Hall Mats 0.36 False 445255 4/4/2024 001-113-4370-00000 City Hall Mats 1.33 False 445255 4/4/2024 413-111-4370-00000 City Hall Mats 0.45 False 445255 4/4/2024 001-364-4370-00000 City Hall Mats 0.48 False 445255 4/4/2024 001-111-4370-00000 City Hall Mats 0.48 False 445255 4/4/2024 412-120-4370-00000 City Hall Mats 0.28 False 445255 4/4/2024 001-114-4370-00000 City Hall Mats 1.40 False 445255 4/4/2024 001-313-4370-00000 City Hall Mats 0.69 False 445255 4/4/2024 412-100-4370-00000 City Hall Mats 0.43 False 445255 4/4/2024 001-250-4370-00000 City Hall Mats 0.31 False 445255 4/4/2024 413-352-4370-00000 City Hall Mats 0.22 False 445255 4/4/2024 413-353-4370-00000 City Hall Mats 0.45 False 445255 4/4/2024 419-120-4370-00000 City Hall Mats 2.71 False 445255 4/4/2024 413-130-4370-00000 City Hall Mats 0.29 False 445255 4/4/2024 001-350-4370-00000 City Hall Mats 1.04 False 445255 4/4/2024 419-130-4370-00000 City Hall Mats 0.29 False 445255 4/4/2024 419-111-4370-00000 City Hall Mats 0.46 False 445255 4/4/2024 001-480-4370-00000 City Hall Mats 0.30 False 445255 4/4/2024 001-112-4370-00000 City Hall Mats 0.36 False 445255 4/4/2024 413-120-4370-00000 City Hall Mats 2.71 False 445255 4/4/2024 001-470-4370-00000 City Hall Mats 0.26 False 445255 4/4/2024 508-508-4320-00000 Laundry Service/Uniforms FY24 36.57 False 445255 4/4/2024 001-480-4450-00000 Pool mats 39.09 False 445255 4/4/2024 001-313-4370-00000 City Hall Mats 0.69 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 8 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445255 4/4/2024 419-111-4370-00000 City Hall Mats 0.46 False 445255 4/4/2024 419-130-4370-00000 City Hall Mats 0.29 False 445255 4/4/2024 001-120-4370-00000 City Hall Mats 2.45 False 445255 4/4/2024 001-470-4370-00000 City Hall Mats 0.26 False 445255 4/4/2024 001-350-4370-00000 City Hall Mats 1.04 False 445255 4/4/2024 001-130-4370-00000 City Hall Mats 0.36 False 445255 4/4/2024 001-364-4370-00000 City Hall Mats 0.48 False 445255 4/4/2024 413-352-4370-00000 City Hall Mats 0.22 False 445255 4/4/2024 001-113-4370-00000 City Hall Mats 1.33 False 445255 4/4/2024 420-115-4370-00000 City Hall Mats 2.76 False 445255 4/4/2024 413-111-4370-00000 City Hall Mats 0.45 False 445255 4/4/2024 001-112-4370-00000 City Hall Mats 0.36 False 445255 4/4/2024 413-353-4320-00000 Laundry Service/Uniforms FY24 42.18 False 445255 4/4/2024 001-113-4370-00000 City Hall Mats 1.33 False 445255 4/4/2024 412-120-4370-00000 City Hall Mats 0.28 False 445255 4/4/2024 413-353-4370-00000 City Hall Mats 0.45 False 445255 4/4/2024 413-357-4370-00000 City Hall Mats 0.80 False 445255 4/4/2024 001-350-4370-00000 City Hall Mats 1.04 False 445255 4/4/2024 413-120-4370-00000 City Hall Mats 2.71 False 445255 4/4/2024 419-120-4370-00000 City Hall Mats 2.71 False 445255 4/4/2024 001-471-4370-00000 City Hall Mats 0.14 False 445255 4/4/2024 001-250-4370-00000 City Hall Mats 0.31 False 445255 4/4/2024 412-100-4370-00000 City Hall Mats 0.43 False 445255 4/4/2024 413-130-4370-00000 City Hall Mats 0.29 False 445255 4/4/2024 001-111-4370-00000 City Hall Mats 0.48 False 445255 4/4/2024 001-114-4370-00000 City Hall Mats 1.40 False 445255 4/4/2024 420-115-4370-00000 City Hall Mats 2.76 False 445255 4/4/2024 001-130-4370-00000 City Hall Mats 0.36 False 445255 4/4/2024 413-111-4370-00000 City Hall Mats 0.45 False 445255 4/4/2024 001-480-4370-00000 City Hall Mats 0.30 False 445255 4/4/2024 413-353-4320-00000 Laundry Service/Uniforms FY24 43.63 False 445255 4/4/2024 413-351-4320-00000 Laundry Service/Uniforms FY24 23.53 False 445255 4/4/2024 508-508-4320-00000 Laundry Service/Uniforms FY24 36.48 False 445255 4/4/2024 508-508-4320-00000 Laundry Service/Uniforms FY24 32.53 False 445255 4/4/2024 413-353-4320-00000 Laundry Service/Uniforms FY24 180.15 False 445255 4/4/2024 001-250-4370-00000 City Hall Mats 0.31 False 445255 4/4/2024 001-112-4370-00000 City Hall Mats 0.36 False 445255 4/4/2024 412-120-4370-00000 City Hall Mats 0.28 False 445255 4/4/2024 001-470-4370-00000 City Hall Mats 0.26 False 445255 4/4/2024 412-100-4370-00000 City Hall Mats 0.43 False 445255 4/4/2024 413-353-4370-00000 City Hall Mats 0.45 False 445255 4/4/2024 413-120-4370-00000 City Hall Mats 2.71 False 445255 4/4/2024 419-120-4370-00000 City Hall Mats 2.71 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 9 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445255 4/4/2024 413-130-4370-00000 City Hall Mats 0.29 False 445255 4/4/2024 419-371-4370-00000 City Hall Mats 1.73 False 445255 4/4/2024 001-471-4370-00000 City Hall Mats 0.14 False 445255 4/4/2024 419-130-4370-00000 City Hall Mats 0.29 False 445255 4/4/2024 001-480-4370-00000 City Hall Mats 0.30 False 445255 4/4/2024 001-114-4370-00000 City Hall Mats 1.40 False 445255 4/4/2024 413-352-4370-00000 City Hall Mats 0.22 False 445255 4/4/2024 419-111-4370-00000 City Hall Mats 0.46 False 445255 4/4/2024 001-251-4370-00000 City Hall Mats 0.36 False 445255 4/4/2024 413-357-4370-00000 City Hall Mats 0.80 False 445255 4/4/2024 001-120-4370-00000 City Hall Mats 2.45 False 445255 4/4/2024 001-111-4370-00000 City Hall Mats 0.48 False 445255 4/4/2024 001-364-4370-00000 City Hall Mats 0.48 False 445255 4/4/2024 001-313-4370-00000 City Hall Mats 0.69 False 445256 4/4/2024 001-114-4409-00000 HR Consultant Services 3,825.00 False 445257 4/4/2024 508-508-4390-00000 Flanges 69.02 False
445259 4/4/2024 419-371-4320-04320 Boot reimbursement 61.65 False 445259 4/4/2024 001-364-4320-04320 Boot reimbursement 61.65 False 445259 4/4/2024 413-353-4320-04320 Boot reimbursement 61.65 False 445260 4/4/2024 413-000-1202-00000 Credits for chemical delivery- March 2024 -8,201.21 False 445260 4/4/2024 413-000-1202-00000 Credits for solids hauling- March 2024 -35,563.80 False 445260 4/4/2024 413-352-4450-00000 Annual Maintenance of WWTP FY24 - March 24 13,333.33 False 445260 4/4/2024 413-352-4409-00000 Annual Operations of WWTP FY24 - March 2024 165,081.83 False 445260 4/4/2024 413-352-4409-00000 PHASE 1 CCWTP RBC Capital Up - 11/25-12/29/23 14,971.40 False 445261 4/4/2024 001-240-4391-00000 Vapor Canstr 122.24 False 445261 4/4/2024 413-353-4390-00000 Wire Sets, Battery Tender 101.97 False 445261 4/4/2024 508-508-4390-00000 Gear Lube #8 20.55 False 445261 4/4/2024 001-230-4391-00000 Antifreeze 194.75 False 445261 4/4/2024 413-356-4390-35022 Wire Sets, Battery Tender 238.63 False 445262 4/4/2024 001-471-4450-00000 FY24 Elevator Maintenance - 4/1-4/30/24 376.85 False 445263 4/4/2024 508-508-4390-00000 End part 265.00 False 445264 4/4/2024 001-230-4370-00000 Heavy Duty floor cleaner 81.85 False 445264 4/4/2024 001-230-4370-00000 Black Liners 54.13 False 445264 4/4/2024 508-508-4370-00000 Janitorial Supplies- City-Wide 54.50 False 445264 4/4/2024 419-120-4370-00000 Janitorial Supplies- City-Wide 0.21 False 445264 4/4/2024 506-506-4370-00000 Janitorial Supplies- City-Wide 43.61 False 445264 4/4/2024 419-120-4370-00000 Janitorial Supplies- City-Wide 4.36 False 445264 4/4/2024 412-100-4370-00000 Janitorial Supplies- City-Wide 2.17 False 445264 4/4/2024 001-470-4370-00000 Janitorial Supplies- City-Wide 24.36 False 445264 4/4/2024 413-120-4370-00000 Janitorial Supplies- City-Wide 4.36 False 445264 4/4/2024 001-313-4370-00000 Janitorial Supplies- City-Wide 0.22 False 445264 4/4/2024 420-115-4370-00000 Janitorial Supplies- City-Wide 4.36 False 445264 4/4/2024 001-120-4370-00000 Janitorial Supplies- City-Wide 17.44 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 10 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445264 4/4/2024 001-120-4370-00000 Janitorial Supplies- City-Wide 0.87 False 445264 4/4/2024 001-470-4370-00000 Janitorial Supplies- City-Wide 490.56 False 445264 4/4/2024 001-471-4370-00000 Janitorial Supplies- City-Wide 2.17 False 445264 4/4/2024 001-114-4370-00000 Janitorial Supplies- City-Wide 4.36 False 445264 4/4/2024 001-240-4370-00000 Janitorial Supplies- City-Wide 2.17 False 445264 4/4/2024 412-100-4370-00000 Janitorial Supplies- City-Wide 43.61 False 445264 4/4/2024 001-111-4370-00000 Janitorial Supplies- City-Wide 0.22 False 445264 4/4/2024 001-471-4370-00000 Janitorial Supplies- City-Wide 43.60 False 445264 4/4/2024 001-111-4370-00000 Janitorial Supplies- City-Wide 4.36 False 445264 4/4/2024 506-506-4370-00000 Janitorial Supplies- City-Wide 2.16 False 445264 4/4/2024 001-114-4370-00000 Janitorial Supplies- City-Wide 0.22 False 445264 4/4/2024 001-113-4370-00000 Janitorial Supplies- City-Wide 0.21 False 445264 4/4/2024 413-120-4370-00000 Janitorial Supplies- City-Wide 0.22 False 445264 4/4/2024 420-115-4370-00000 Janitorial Supplies- City-Wide 0.21 False 445264 4/4/2024 001-480-4370-00000 Janitorial Supplies- City-Wide 5.41 False 445264 4/4/2024 001-480-4370-00000 Janitorial Supplies- City-Wide 109.02 False 445264 4/4/2024 001-313-4370-00000 Janitorial Supplies- City-Wide 4.36 False 445264 4/4/2024 001-251-4370-00000 Janitorial Supplies- City-Wide 2.18 False 445264 4/4/2024 001-251-4370-00000 Janitorial Supplies- City-Wide 0.10 False 445264 4/4/2024 001-350-4370-00000 Janitorial Supplies- City-Wide 6.17 False 445264 4/4/2024 413-352-4370-00000 Janitorial Supplies- City-Wide 2.16 False 445264 4/4/2024 508-508-4370-00000 Janitorial Supplies- City-Wide 2.71 False 445264 4/4/2024 001-240-4370-00000 Janitorial Supplies- City-Wide 43.61 False 445264 4/4/2024 001-350-4370-00000 Janitorial Supplies- City-Wide 124.27 False 445264 4/4/2024 413-352-4370-00000 Janitorial Supplies- City-Wide 43.61 False 445264 4/4/2024 001-113-4370-00000 Janitorial Supplies- City-Wide 4.36 False 445265 4/4/2024 508-508-4390-00000 Backhoe turbo & outrigger valves 655.11 False 445265 4/4/2024 508-508-4390-00000 Backhoe turbo & outrigger valves 5,466.98 False 445266 4/4/2024 001-230-4451-00000 Alarm Monitoring - April-May 143.97 False 445268 4/4/2024 413-120-4530-00000 Employee Tuition Reimbursement - Jan-Mar 24 250.00 False 445268 4/4/2024 001-120-4530-00000 Employee Tuition Reimbursement - Jan-Mar 24 250.00 False 445268 4/4/2024 419-120-4530-00000 Employee Tuition Reimbursement - Jan-Mar 24 250.00 False 445269 4/4/2024 412-100-4225-00000 FY23/24 Refuse services for Lighthouse Cove RV - Acct #200265009 1,800.46 False 445270 4/4/2024 001-130-4550-00000 Legal Support - 03/01-03/31/24 137.50 False 445270 4/4/2024 419-130-4550-00000 Legal Support - 03/01-03/31/24 68.75 False 445270 4/4/2024 413-130-4550-00000 Legal Support - 03/01-03/31/24 68.75 False 445271 4/4/2024 413-120-4415-00000 Online & IVR UB Payment Service 1,305.40 False 445271 4/4/2024 419-120-4415-00000 Online & IVR UB Payment Service 1,305.40 False 445271 4/4/2024 419-120-4415-00000 Online & IVR UB Payment Service 1,304.90 False 445271 4/4/2024 413-120-4415-00000 Online & IVR UB Payment Service- 1,304.90 False 445271 4/4/2024 413-120-4415-00000 DUPLICATE PAYMENT CREDIT - CK # 443449 -2,271.80 False 445271 4/4/2024 419-120-4415-00000 DUPLICATE PAYMENT CREDIT - CK # 443449 -2,271.80 False 445272 4/4/2024 001-313-4560-00000 Quarterly Commissioner Stipend: 01/01-03/31/24 75.00 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 11 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445273 4/4/2024 919-371-4799-37117 2000 gallon con vault with foundation & 150 gallon day tank 11,910.40 False 445273 4/4/2024 919-371-4799-37117 2000 gallon con vault with foundation & 150 gallon day tank 2,625.23 False 445274 4/4/2024 901-240-4799-2020S Police Department GeoTech - Thru 02/29/24 2,661.25 False 445275 4/4/2024 412-000-3570-00000 Cancellation with more that 72 hours notice - Conf # 5597 98.36 False 445275 4/4/2024 001-000-3221-00000 Cancellation with more that 72 hours notice - Conf # 5597 9.84 False 445276 4/4/2024 001-114-4409-00000 Safety Training Services - Respiratory Traning 30.00 False 445276 4/4/2024 001-114-4409-00000 Safety Training Services - Respiratory Traning 120.00 False 445277 4/4/2024 001-240-4320-00000 Winter jumpsuit for Officer Fillippa 504.13 False 445278 4/4/2024 001-364-4450-2020S Front, Cooper & Joe Hamilton Striping - 1/28-02/24/24 2,872.00 False 445279 4/4/2024 001-240-4380-00000 Reimbursement for Kennel Top 194.84 False 445280 4/4/2024 001-000-2160-00000 SB1186 Qtrly Fees: 01/01-03/31/24 16.00 False 445281 4/4/2024 419-371-4390-00000 Labels 25.01 False
445281 4/4/2024 001-230-4310-00000 Copies, Lamination 43.79 False 445281 4/4/2024 413-353-4390-00000 Labels 25.01 False
445281 4/4/2024 419-371-4390-00000 Name Tags #10 2.28 False 445281 4/4/2024 413-353-4390-00000 Name Tags #10 2.28 False 445281 4/4/2024 001-364-4390-10025 Name Tags #10 2.29 False 445281 4/4/2024 001-364-4390-10025 Labels 25.02 False
445282 4/4/2024 117-364-4409-00KST K Street reconstruction design - Feb 2024 6,125.56 False 445282 4/4/2024 117-364-4409-00fst Front Street reconstruction repackaging - Feb 2024 6,125.55 False 445283 4/4/2024 001-313-4560-00000 Quarterly Commissioner Stipend: 01/01-03/31/24 75.00 False 445284 4/4/2024 001-471-4530-00000 SPEEDWAY: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 3.44 False 445284 4/4/2024 001-240-4240-00000 USPS: Postage 68.00 False 445284 4/4/2024 001-480-4390-00000 WAL-MART: Misc 132.51 False 445284 4/4/2024 001-240-4390-2020S Vehicle storage trunks 6,380.46 False 445284 4/4/2024 001-471-4530-00000 UNITED: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 3.15 False 445284 4/4/2024 001-471-4530-00000 JACKSON AIRPORT: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 6.75 False 445284 4/4/2024 001-480-4530-00000 UNITED: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 7.70 False 445284 4/4/2024 001-480-4530-00000 JACKSON AIRPORT: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 16.50 False 445284 4/4/2024 413-000-1510-00000 SPRINGBRK:10/29-11/1/24 - Las Vegas -Springbrook Conf- G. Mattix 298.34 False 445284 4/4/2024 001-470-4530-00000 JACKSON AIRPORT: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 9.75 False 445284 4/4/2024 001-230-4530-00000 SHELL: 3/13-3/17/24 - Fire Marshal 1D, Rancho -K. Carey 27.53 False 445284 4/4/2024 001-230-4530-00000 HERTZ: 3/13-3/17/24 - Fire Marshal 1D, Rancho -K. Carey 407.42 False 445284 4/4/2024 001-000-2122-00000 ELITE K9: K9 Equipment - TAX -11.59 False 445284 4/4/2024 001-230-4510-00000 PERLITAS: Scene Support 157.50 False 445284 4/4/2024 001-480-4530-00000 SAGUARO: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 194.09 False 445284 4/4/2024 001-480-4370-00000 WAL-MART: Janitorial supplies 91.36 False 445284 4/4/2024 001-112-4530-00000 JACKSON AIRPORT: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 21.75 False 445284 4/4/2024 001-471-4530-00000 SAGUARO: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 79.41 False 445284 4/4/2024 001-000-1510-00000 CAPOLICE:Reg for Women's Leadership Conference (x3) - October 20 1,575.00 False 445284 4/4/2024 001-240-4530-00000 VACASA: 3/24-3/26/24- ALICE training- Gold Beach - A. Lopez 314.01 False 445284 4/4/2024 001-480-4530-00000 SAGUARO: 2/26-3/1/24 - CPRS Conf- Palm Springs- A. Garcia 882.24 False 445284 4/4/2024 001-480-4530-00000 FRED M FUEL: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 8.06 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 12 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445284 4/4/2024 001-112-4530-00000 SAGUARO: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 255.85 False 445284 4/4/2024 419-000-1510-00000 SPRINGBRK10/29-11/1/24 - Las Vegas-Springbrook Conf- C. Rawlings 298.34 False 445284 4/4/2024 001-480-4370-00000 WAL-MART: Janitorial supplies 36.47 False 445284 4/4/2024 001-230-4530-00000 UNITED: 3/13-3/17/24 - Fire Marshal 1D, Rancho -K. Carey 474.55 False 445284 4/4/2024 508-508-4390-00000 MITCHELL1: Auto repair software - fleet vehicle repair/electrica 960.00 False 445284 4/4/2024 001-480-4530-00000 UNITED: 2/26-3/1/24 - CPRS Conf- Palm Springs- A. Garcia 35.00 False 445284 4/4/2024 001-471-4530-00000 EXXON: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 3.09 False 445284 4/4/2024 001-470-4530-00000 SPEEDWAY: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 4.96 False 445284 4/4/2024 001-240-4530-00000 PATRIOT: 3/17-3/19/24 - Court- San Francisco- E. Miller - fuel 64.62 False 445284 4/4/2024 412-100-4530-00000 EXXON: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 13.70 False 445284 4/4/2024 419-371-4390-00000 MESCO CORP: Rebuild parts for chlorination building solution pum 1,271.23 False 445284 4/4/2024 001-240-4390-00000 MISI PHOTOGRAPHY: Awards 150.00 False 445284 4/4/2024 001-000-2122-00000 Vehicle storage trunks - TAX -486.27 False 445284 4/4/2024 001-251-4409-00000 MAIL ROOM: Postage Danco Plan 22.67 False 445284 4/4/2024 001-230-4530-00000 BEST WESTERN: 3/13-3/17/24 - Fire Marshal 1D, Rancho -K. Carey 644.54 False 445284 4/4/2024 001-470-4530-00000 SAGUARO: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 114.69 False 445284 4/4/2024 001-240-4380-00000 TRACTOR SUPPLY: Dog Kennel 487.11 False 445284 4/4/2024 001-471-4530-00000 UNITED: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 3.15 False 445284 4/4/2024 001-230-4530-00000 ROCKET GAS: 3/13-3/17/24 - Fire Marshal 1D, Rancho -K. Carey 37.90 False 445284 4/4/2024 001-112-4390-00000 WAL-MART: Event Storage 23.69 False 445284 4/4/2024 001-000-2122-00000 ELITE K9: K9 Equipment - TAX -31.05 False 445284 4/4/2024 001-350-4530-00000 INTN'L CODE COUNCIL: Permit Training 79.00 False 445284 4/4/2024 001-364-4390-10025 HARBOR FREIGHT: Auger Bit 97.41 False 445284 4/4/2024 001-240-4240-00000 MAIL ROOM: Postage 11.85 False 445284 4/4/2024 419-371-4240-00000 MAIL ROOM: Postage to return faulty meter 21.83 False 445284 4/4/2024 001-470-4530-00000 UNITED: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 4.55 False 445284 4/4/2024 001-112-4390-00000 COSCO: Misc 87.66 False 445284 4/4/2024 001-120-4530-00000 CALPERS PKG: 2/19-2/22/24 CalPers Training Sacramento - K. Bates 9.66 False 445284 4/4/2024 419-120-4530-00000 CALPERS PKG: 2/19-2/22/24 CalPers Training Sacramento - K. Bates 9.67 False 445284 4/4/2024 001-240-4530-00000 CHEVRON: 3/17-3/19/24 - Court- San Francisco- E. Miller - fuel 56.46 False 445284 4/4/2024 001-240-4320-00000 COPS PLUS: Radio holders 97.79 False 445284 4/4/2024 001-480-4530-00000 EXXON: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 7.54 False 445284 4/4/2024 001-240-4380-00000 TRACTOR SUPPLY: Dog Supplies 54.64 False 445284 4/4/2024 001-471-4409-00000 MARQ: Monthly License 02/29-03/29/24 15.00 False 445284 4/4/2024 412-100-4530-00000 SAGUARO: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 238.20 False 445284 4/4/2024 001-240-4390-00000 SIMSUPPLY.COM: Gas Mask/Respirators 885.33 False 445284 4/4/2024 001-112-4530-00000 EXXON: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 5.50 False 445284 4/4/2024 001-230-4510-00000 WAL-MART: Scene Support 20.22 False 445284 4/4/2024 001-112-4390-00000 VISTAPRINT: Brochures for Tsunami 274.19 False 445284 4/4/2024 001-480-4430-00000 FACEBOOK: Advertising 20.12 False 445284 4/4/2024 001-240-4391-00000 DANA SAFETY: Pushguard mount 351.69 False 445284 4/4/2024 413-000-1510-00000 SPRINGBRK10/29-11/1/24 - Las Vegas-Springbrook Conf- C. Rawlings 298.33 False 445284 4/4/2024 001-480-4530-00000 UNITED: 2/26-3/1/24 - CPRS Conf- Palm Springs- A. Garcia 35.00 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 13 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445284 4/4/2024 419-000-1510-00000 SPRINGBRK:10/29-11/1/24 - Las Vegas -Springbrook Conf- G. Mattix 298.33 False 445284 4/4/2024 001-240-4530-00000 PEM-MEY: 3/17-3/19/24 - Court- San Francisco- E. Miller - fuel 74.66 False 445284 4/4/2024 001-000-1510-00000 SPRINGBRK10/29-11/1/24 - Las Vegas-Springbrook Conf- C. Rawlings 298.33 False 445284 4/4/2024 412-100-4530-00000 SPEEDWAY: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 10.30 False 445284 4/4/2024 001-000-2122-00000 HANDCUFF/BATON: Handcuffs- TAX -17.97 False 445284 4/4/2024 001-240-4380-00000 ELITE K9: K9 Equipment 172.42 False 445284 4/4/2024 001-240-4530-00000 FULL CIRCLE: Online Records Training 159.00 False 445284 4/4/2024 413-120-4530-00000 CALPERS PKG: 2/19-2/22/24 CalPers Training Sacramento - K. Bates 9.67 False 445284 4/4/2024 001-240-4390-0HERO ETSY: Decals, Sign 416.75 False 445284 4/4/2024 001-480-4530-00000 SPEEDWAY: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 8.40 False 445284 4/4/2024 001-480-4430-00000 FACEBOOK: Advertising 25.00 False 445284 4/4/2024 001-240-4530-00000 VACASA: 3/24-3/26/24- ALICE training- Gold Beach - A. Lopez 314.00 False 445284 4/4/2024 001-480-4310-00000 WAL-MART: Office Supplies 42.80 False 445284 4/4/2024 001-240-4390-0HERO ETSY: Metal Sign 292.26 False 445284 4/4/2024 001-112-4430-00000 FACEBOOK: Advertising 30.00 False 445284 4/4/2024 001-240-4390-0HERO FRED-MEYER: Coffee Machine 139.99 False 445284 4/4/2024 001-470-4530-00000 EXXON: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 4.46 False 445284 4/4/2024 412-100-4530-00000 UNITED: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 9.45 False 445284 4/4/2024 001-240-4380-00000 ELITE K9: K9 Equipment 481.11 False 445284 4/4/2024 001-112-4390-00000 WAL-MART: Event Storage 142.89 False 445284 4/4/2024 001-112-4390-00000 WALMART: Misc 42.68 False 445284 4/4/2024 001-240-4530-00000 PEM-MEY: 3/17-3/19/24 - Court- San Francisco- E. Miller - fuel 35.13 False 445284 4/4/2024 001-230-4530-00000 HERTZ: 3/13-3/17/24 - Fire Marshal 1D, Rancho -K. Carey 2.73 False 445284 4/4/2024 001-480-4390-00000 CUSTOM APPAREL: Fred's Spring Break Adventure Camper Shirts 856.80 False 445284 4/4/2024 001-112-4530-00000 UNITED: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 10.15 False 445284 4/4/2024 412-100-4530-00000 UNITED: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 9.45 False 445284 4/4/2024 419-371-4390-00000 CHIMNEY KRAFT: Freeze Water Line 126.31 False 445284 4/4/2024 001-480-4530-00000 STARFISH AQUATICS: Swim Lesson Instruction 340.00 False 445284 4/4/2024 001-112-4390-00000 DOLLAR TREE: Refreshments 8.12 False 445284 4/4/2024 001-112-4390-00000 RUMINAO CHEESE: Refreshments 26.00 False 445284 4/4/2024 001-112-4390-00000 SAFEWAY: Refreshments 128.71 False 445284 4/4/2024 001-113-4450-00000 BEST SELF STORAGE: Physical document storage 1/1-2/1/24 200.00 False 445284 4/4/2024 001-113-4450-00000 STORWELL STORAGE: Physical document storage 1/1-1/31/24 235.00 False 445284 4/4/2024 001-470-4530-00000 CA PARK SOCIETY: 2/26-3/1/24- CPRS Conf- Palm Springs- A.Taylor 10.40 False 445284 4/4/2024 001-112-4390-00000 DOLLAR TREE: Valentine's Event 138.32 False 445284 4/4/2024 001-480-4530-00000 CA PARK SOCIETY: 2/26-3/1/24- CPRS Conf- Palm Springs- A.Taylor 17.60 False 445284 4/4/2024 001-113-4450-00000 STORWELL: Physical document storage 2/1-3/1/24 200.00 False 445284 4/4/2024 001-112-4390-00000 WAL-MART: Valentine's Event 20.50 False 445284 4/4/2024 412-100-4530-00000 CA PARK SOCIETY: 2/26-3/1/24- CPRS Conf- Palm Springs- A.Taylor 21.60 False 445284 4/4/2024 001-471-4530-00000 CA PARK SOCIETY: 2/26-3/1/24- CPRS Conf- Palm Springs- A.Taylor 7.20 False 445284 4/4/2024 001-111-4240-00000 MAIL ROOM: Postage fro Valhalla War Check 33.02 False 445284 4/4/2024 001-113-4450-00000 STORWELL: Physical document storage 2/1-2/29/24 235.00 False 445284 4/4/2024 001-112-4390-00000 WAL-MART: Valentine's Event 170.98 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 14 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445284 4/4/2024 001-112-4390-00000 SAFEWAY: Valentine's Event 13.07 False 445284 4/4/2024 001-112-4390-00000 SAFEWAY: Valentine's Event 83.50 False 445284 4/4/2024 001-112-4390-00000 DOLLAR TREE: Valentine's Event 8.12 False 445284 4/4/2024 001-471-4409-00000 MARQ: Monthly License 01/29-02/29/24 15.00 False 445284 4/4/2024 001-112-4530-00000 CA PARK SOCIETY: 2/26-3/1/24- CPRS Conf- Palm Springs- A.Taylor 23.20 False 445284 4/4/2024 001-113-4450-00000 BEST SELF STORAGE: Physical document storage 12/1/23-1/1/24 200.00 False 445284 4/4/2024 001-000-2122-00000 COPS PLUS: Radio holders - TAX -7.45 False 445284 4/4/2024 001-470-4530-00000 UNITED: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 4.55 False 445284 4/4/2024 412-100-4530-00000 JACKSON AIRPORT: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 20.25 False 445284 4/4/2024 001-240-4320-00000 HANDCUFF/BATON: Handcuffs 235.79 False 445284 4/4/2024 001-480-4530-00000 UNITED: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 7.70 False 445284 4/4/2024 001-112-4530-00000 UNITED: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 10.15 False 445284 4/4/2024 001-000-1510-00000 SPRINGBRK:10/29-11/1/24 - Las Vegas -Springbrook Conf- G. Mattix 298.33 False 445284 4/4/2024 001-112-4430-00000 FACEBOOK: Advertising 20.00 False 445284 4/4/2024 001-112-4530-00000 SPEEDWAY: 2/26-3/1/24- CPRS Conf- Palm Springs- A. Taylor 11.07 False 445284 4/4/2024 001-480-4310-00000 WAL-MART: Office supplies 71.73 False 445284 4/4/2024 001-240-4240-00000 MAIL ROOM: Postage 12.58 False 445284 4/4/2024 419-000-2122-00000 MESCO CORP: Rebuild parts for chlorination building solution TAX -93.23 False 445285 4/4/2024 001-000-1510-00000 Reset Postage - Meter # 0000147273 2,000.00 False 445286 4/4/2024 419-371-4230-00000 707-458-8283 (Hodges) Service: 12.04 False 445286 4/4/2024 419-371-4230-00000 707-457-7454 (Leighton) Service: 13.34 False 445286 4/4/2024 001-250-4230-00000 707-951-3447 (Minges) Service: 20.77 False 445286 4/4/2024 413-353-4230-00000 707-951-3354 (Welton) Service: 13.84 False 445286 4/4/2024 001-240-4230-00000 707-951-4896 (Lopez) Service: 41.53 False 445286 4/4/2024 508-508-4230-00000 707-951-0430 (Borges, D) Service: 5.70 False 445286 4/4/2024 001-480-4230-00000 707-951-4864 (DeForge) Service: 6.23 False 445286 4/4/2024 001-364-4230-00000 707-951-0430 (Borges, D) Service: 8.74 False 445286 4/4/2024 413-353-4230-00000 707-457-7454 (Leighton) Service: 13.33 False 445286 4/4/2024 413-130-4230-00000 707-458-8008 (Rice) Service: 10.38 False 445286 4/4/2024 001-250-4230-00000 707-458-5306 Rosenthal, S 4.15 False 445286 4/4/2024 001-240-4230-00000 707-951-5250 (Balch) Service: 41.53 False 445286 4/4/2024 001-111-4230-00000 707-951-3016 (Wier) Service: 15.51 False 445286 4/4/2024 001-240-4230-00000 707-951-5035 (Sanders) Service: 41.53 False 445286 4/4/2024 412-120-4230-00000 707-458-5572 (Jochimsen) Service: 2.49 False 445286 4/4/2024 001-240-4230-00000 707-951-5433 (Sperling) Service: 41.53 False 445286 4/4/2024 001-470-4230-00000 707-951-4116 (Amarante) Service: 3.20 False 445286 4/4/2024 413-353-4230-00000 707-951-4116 (Amarante) Service: 9.59 False 445286 4/4/2024 419-371-4230-00000 707-951-4204 (Eiler) Service: 13.85 False 445286 4/4/2024 413-353-4230-00000 707-951-0481 (Wylie) Service: 7.98 False 445286 4/4/2024 419-120-4230-00000 707-458-4813 (Rawlings) Service: 13.85 False 445286 4/4/2024 001-240-4230-00000 707-457-0867 Dash Cam 40.01 False 445286 4/4/2024 001-120-4230-00000 707-458-4242 (McAndrews) Service: 8.31 False 445286 4/4/2024 413-353-4230-00000 707-951-4569 (Mayes) Service: 13.84 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 15 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445286 4/4/2024 413-353-4230-00000 707-458-8617 (Leighton) Service: 13.84 False 445286 4/4/2024 001-120-4230-00000 707-951-3320 (Leaver) Service: 15.51 False 445286 4/4/2024 506-506-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 19.52 False 445286 4/4/2024 001-480-4230-00000 707-58-4818 (Morris) Service: 41.53 False 445286 4/4/2024 001-130-4230-00000 707-458-8008 (Rice) Service: 20.77 False 445286 4/4/2024 001-110-4230-00000 707-951-0876 (Wright) Service: 41.53 False 445286 4/4/2024 001-110-4230-00000 707-458-5725 (Schellong) Service: 41.53 False 445286 4/4/2024 419-371-4230-00000 707-951-0430 (Borges, D) Service: 17.87 False 445286 4/4/2024 420-115-4230-00000 707-458-8649 (Patch, T) Service: 41.53 False 445286 4/4/2024 413-353-4230-00000 707-951-0167 (WWTP Ops) Service: 33.00 False 445286 4/4/2024 419-120-4230-00000 707-458-5572 (Jochimsen) Service: 16.82 False 445286 4/4/2024 413-352-4230-00000 707-951-4821 (Kuder) Service: 20.34 False 445286 4/4/2024 001-112-4230-00000 707-458-5124 (Dudley) Service: 41.53 False 445286 4/4/2024 412-100-4230-00000 707-458-4131 (Taylor) Service: 13.96 False 445286 4/4/2024 412-100-4230-00000 707-951-3285 (Cordova) Service: 46.53 False 445286 4/4/2024 413-120-4230-00000 707-458-4242 (McAndrews) Service: 16.61 False 445286 4/4/2024 001-230-4230-00000 707-458-8906 (Carey) Service: 46.53 False 445286 4/4/2024 419-120-4230-00000 707-458-8453 (Mtr Reader SPMR1)Service: 37.50 False 445286 4/4/2024 001-240-4230-00000 707-951-5329 (Owen, W) Service: 41.53 False 445286 4/4/2024 001-364-4230-00000 707-457-0899 (Ybarra) Service: 13.84 False 445286 4/4/2024 001-240-4230-00000 707-457-0885 Dash Cam 40.01 False 445286 4/4/2024 001-112-4230-00000 707-458-4814 (Lacey) Service: 19.35 False 445286 4/4/2024 001-364-4230-00000 707-951-0540 (Smith, K) Service: 12.16 False 445286 4/4/2024 001-120-4230-00000 707-458-5594 (Carpenter) Service: 20.31 False 445286 4/4/2024 413-353-4230-00000 707-951-4759 (Long) Service: 13.84 False 445286 4/4/2024 413-353-4230-00000 707-458-8283 (Hodges) Service: 2.08 False 445286 4/4/2024 001-240-4230-00000 707-457-0866 Dash Cam 40.01 False 445286 4/4/2024 001-364-4230-00000 707-951-4418 (Clewell) Service: 2.08 False 445286 4/4/2024 001-350-4230-00000 707-457-7454 (Leighton) Service: 13.34 False 445286 4/4/2024 001-364-4230-00000 707-951-2294 (PW Callout)Service: 13.84 False 445286 4/4/2024 001-350-4230-00000 707-951-3170 (Wylie) Service: 13.84 False 445286 4/4/2024 001-364-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 0.84 False 445286 4/4/2024 420-115-4230-00000 707-458-8862 (Ludemann) Service: 41.53 False 445286 4/4/2024 508-508-4230-00000 707-458-8283 (Hodges) Service: 4.57 False 445286 4/4/2024 001-364-4230-00000 707-951-4821 (Kuder) Service: 0.42 False 445286 4/4/2024 001-350-4230-00000 707-951-3354 (Welton) Service: 13.84 False 445286 4/4/2024 001-364-4230-00000 707-951-4864 (DeForge) Service: 9.55 False 445286 4/4/2024 001-470-4230-00000 707-951-4918 (McAleenan) Service: 22.84 False 445286 4/4/2024 419-371-4230-00000 707-951-3275 (Yeager) Service: 13.85 False 445286 4/4/2024 001-470-4230-00000 707-458-5644 (Corcilius) : 3.30 False 445286 4/4/2024 001-230-4230-00000 707-457-0795 (CFC) 40.01 False 445286 4/4/2024 001-240-4230-00000 707-951-4624 (Lo) Service: 41.53 False 445286 4/4/2024 001-120-4230-00000 707-458-4813 (Rawlings) Service: 13.84 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 16 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445286 4/4/2024 001-350-4230-00000 707-951-3319 (Smith, K) Service: 13.84 False 445286 4/4/2024 001-240-4230-00000 707-951-7001 (VIP Phone) Service: 1.29 False 445286 4/4/2024 001-364-4230-00000 707-458-5644 (Corcilius) : 3.30 False 445286 4/4/2024 413-351-4230-00000 707-951-5017 (Lab) Service: 28.15 False 445286 4/4/2024 419-371-4230-00000 707-951-4759 (Long) Service: 13.85 False 445286 4/4/2024 413-111-4230-00000 707-951-3016 (Wier) Service: 15.51 False 445286 4/4/2024 413-353-4230-00000 707-457-7655 (PW IPad) Service: 13.34 False 445286 4/4/2024 508-508-4230-00000 707-951-4864 (DeForge) Service: 6.23 False 445286 4/4/2024 001-240-4230-00000 707-951-4950 (Miller, E) Service: 41.53 False 445286 4/4/2024 413-351-4230-00000 707-951-3225 (Lab) Service: 41.53 False 445286 4/4/2024 413-353-4230-00000 707-951-5285 (PW Spare) Service: 13.84 False 445286 4/4/2024 413-353-4230-00000 707-951-3170 (Wylie) Service: 13.84 False 445286 4/4/2024 413-353-4230-00000 707-951-6752 (Wylie) 8.73 False 445286 4/4/2024 001-480-4230-00000 707-951-0430 (Borges, D) Service: 5.70 False 445286 4/4/2024 413-352-4230-00000 707-951-5862 (LS Duty) Service: 41.53 False 445286 4/4/2024 001-364-4230-00000 707-951-4918 (McAleenan) Service: 4.57 False 445286 4/4/2024 001-240-4230-00000 707-457-0873 Dash Cam 40.01 False 445286 4/4/2024 001-240-4230-00000 707-458-8156 (Hutchens) Service: 41.53 False 445286 4/4/2024 413-351-4230-00000 707-951-5375 (Wood) Service: 41.53 False 445286 4/4/2024 419-112-4230-00000 707-458-4814 (Lacey) Service: 11.09 False 445286 4/4/2024 001-230-4230-00000 707-951-0671 (Borges, J) Service: 41.53 False 445286 4/4/2024 506-506-4230-00000 707-951-0540 (Smith, K) Service: 3.80 False 445286 4/4/2024 001-240-4230-00000 707-457-0870 Dash Cam 40.01 False 445286 4/4/2024 001-230-4230-00000 707-457-0715 (Smith, B) 41.53 False 445286 4/4/2024 508-508-4230-00000 707-951-0714 (Borges, D) Service: 6.23 False 445286 4/4/2024 413-351-4230-00000 707-951-6970 (Lab-Desk) Service: 28.15 False 445286 4/4/2024 419-371-4230-00000 707-458-8617 (Leighton) Service: 13.85 False 445286 4/4/2024 001-251-4230-00000 707-458-5306 Rosenthal, S 16.61 False 445286 4/4/2024 413-353-4230-00000 707-951-3275 (Yeager) Service: 13.84 False 445286 4/4/2024 001-471-4230-00000 707-458-4131 (Taylor) Service: 4.65 False 445286 4/4/2024 001-230-4230-00000 707-951-3406 (Duncan) Service: 41.53 False 445286 4/4/2024 412-100-4230-00000 707-951-4515 (Lighthouse Cove RV) Service: 46.53 False 445286 4/4/2024 419-371-4230-00000 707-951-3319 (Smith, K) Service: 13.85 False 445286 4/4/2024 419-371-4230-00000 707-951-5285 (PW Spare) Service: 13.85 False 445286 4/4/2024 001-110-4230-00000 707-951-0517 (Inscore) Service: 46.53 False 445286 4/4/2024 413-120-4230-00000 707-458-8014 (Mattix) Service: 20.77 False 445286 4/4/2024 506-506-4230-00000 707-951-6752 (Wylie) 4.56 False 445286 4/4/2024 001-240-4230-00000 707-951-5438 (PD Spare) Service: 41.53 False 445286 4/4/2024 001-350-4230-00000 707-951-3275 (Yeager) Service: 13.84 False 445286 4/4/2024 413-353-4230-00000 707-951-3943 (Martinez) Service: 1.29 False 445286 4/4/2024 419-371-4230-00000 707-951-3170 (Wylie) Service: 13.85 False 445286 4/4/2024 413-353-4230-00000 707-457-0899 (Ybarra) Service: 13.84 False 445286 4/4/2024 001-240-4230-00000 707-951-5088 (Valero) Service: 41.53 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 17 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445286 4/4/2024 001-240-4230-00000 707-457-0884 Dash Cam 40.01 False 445286 4/4/2024 419-371-4230-00000 707-951-4951 (PW IPAD) Service: 12.67 False 445286 4/4/2024 001-470-4230-00000 707-458-4131 (Taylor) Service: 6.05 False 445286 4/4/2024 413-351-4230-00000 707-951-6540 (Lab-Desk) Service: 28.15 False 445286 4/4/2024 001-350-4230-00000 707-458-8617 (Leighton) Service: 13.84 False 445286 4/4/2024 001-230-4230-00000 707-458-5323 - (Fire duty officers) Service: 40.01 False 445286 4/4/2024 001-110-4230-00000 707-458-4323 (Altman, Ray) Service: 41.53 False 445286 4/4/2024 419-371-4230-00000 707-951-3354 (Welton) Service: 13.85 False 445286 4/4/2024 419-120-4230-00000 707-458-8014 (Mattix) Service: 20.76 False 445286 4/4/2024 413-120-4230-00000 707-458-5572 (Jochimsen) Service: 16.82 False 445286 4/4/2024 413-352-4230-00000 707-951-0023 (WWTP Operations 2) Service: 28.15 False 445286 4/4/2024 419-371-4230-00000 707-457-7655 (PW IPad) Service: 13.34 False 445286 4/4/2024 413-112-4230-00000 707-458-4814 (Lacey) Service: 11.09 False 445286 4/4/2024 001-110-4230-00000 707-951-3135 (Greenough) Service: 41.53 False 445286 4/4/2024 413-351-4230-00000 707-951-9756 (Goodgame-Thill) Service: 28.15 False 445286 4/4/2024 419-371-4230-00000 707-458-5644 (Corcilius) : 26.37 False 445286 4/4/2024 413-352-4230-00000 707-951-6681 (WWTP) Service: 22.30 False 445286 4/4/2024 001-230-4230-00000 707-464-9113 (Fire Hall) Service: 28.15 False 445286 4/4/2024 001-470-4230-00000 707-458-8283 (Hodges) Service: 22.84 False 445286 4/4/2024 419-371-4230-00000 707-951-4821 (Kuder) Service: 20.77 False 445286 4/4/2024 001-120-4230-00000 707-458-5572 (Jochimsen) Service: 5.40 False 445286 4/4/2024 419-120-4230-00000 707-458-4242 (McAndrews) Service: 16.61 False 445286 4/4/2024 413-353-4230-00000 707-951-1982 (DuBois) Service: 18.59 False 445286 4/4/2024 001-230-4230-00000 707-951-6556 (Duncan) Service: 28.15 False 445286 4/4/2024 001-230-4230-00000 707-457-0714 (Buell, E) 41.53 False 445286 4/4/2024 413-353-4230-00000 707-951-4951 (PW IPAD) Service: 12.67 False 445286 4/4/2024 413-353-4230-00000 707-951-0540 (Smith, K) Service: 3.81 False 445286 4/4/2024 001-240-4230-00000 707-458-5881 (Phillipa) Service: 41.53 False 445286 4/4/2024 001-480-4230-00000 707-458-8452 (Garcia) Service: 41.53 False 445286 4/4/2024 419-371-4230-00000 707-951-2294 (PW Callout)Service: 13.85 False 445286 4/4/2024 413-352-4230-00000 707-951-0002 (WWTP Lg Conf Rm) Service: 28.15 False 445286 4/4/2024 413-353-4230-00000 707-951-4918 (McAleenan) Service: 2.08 False 445286 4/4/2024 001-240-4230-00000 707-457-0891 Dash Cam 40.01 False 445286 4/4/2024 419-371-4230-00000 707-951-4864 (DeForge) Service: 19.52 False 445286 4/4/2024 001-470-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 14.53 False 445286 4/4/2024 001-350-4230-00000 707-457-7655 (PW IPad) Service: 13.33 False 445286 4/4/2024 001-364-4230-00000 707-951-4759 (Long) Service: 13.84 False 445286 4/4/2024 412-100-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 2.07 False 445286 4/4/2024 001-480-4230-00000 707-458-4131 (Taylor) Service: 10.24 False 445286 4/4/2024 419-371-4230-00000 707-951-1982 (DuBois) Service: 41.28 False 445286 4/4/2024 001-364-4230-00000 707-951-4204 (Eiler) Service: 13.84 False 445286 4/4/2024 001-364-4230-00000 707-951-0481 (Wylie) Service: 5.32 False 445286 4/4/2024 001-364-4230-00000 707-951-0714 (Borges, D) Service: 9.55 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 18 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445286 4/4/2024 413-352-4230-00000 707-951-0923 (Nova - Jacobs) Service: 38.01 False 445286 4/4/2024 001-240-4230-00000 707-951-4609 (Pearson) Service: 41.53 False 445286 4/4/2024 001-480-4230-00000 707-951-4364 (Young) Service: 41.53 False 445286 4/4/2024 001-240-4230-00000 707-951-4485 (Griffin) Service: 41.53 False 445286 4/4/2024 419-120-4230-00000 707-458-5594 (Carpenter) Service: 9.30 False 445286 4/4/2024 001-230-4230-00000 707-951-6589 (Carey) Service: 28.15 False 445286 4/4/2024 413-351-4230-00000 707-951-6819 (Lab-Desk) Service: 28.15 False 445286 4/4/2024 419-371-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 0.42 False 445286 4/4/2024 412-100-4230-00000 707-951-9704 (Lighthouse Cove RV) Service: 28.15 False 445286 4/4/2024 001-240-4230-00000 707-951-4494 (Wilson) Service: 41.53 False 445286 4/4/2024 001-364-4230-00000 707-951-6752 (Wylie) 5.81 False 445286 4/4/2024 001-240-4230-00000 707-457-0877 Dash Cam 40.01 False 445286 4/4/2024 001-230-4230-00000 707-951-3561 (Carey) Service: 38.01 False 445286 4/4/2024 001-364-4230-00000 707-951-4116 (Amarante) Service: 3.20 False 445286 4/4/2024 419-371-4230-00000 707-951-4918 (McAleenan) Service: 12.04 False 445286 4/4/2024 413-353-4230-00000 707-951-4204 (Eiler) Service: 13.84 False 445286 4/4/2024 419-371-4230-00000 707-951-0714 (Borges, D) Service: 19.52 False 445286 4/4/2024 413-351-4230-00000 707-951-0494 (Wood-Desk) Service: 28.15 False 445286 4/4/2024 001-480-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 4.15 False 445286 4/4/2024 001-230-4230-00000 707-458-5216 (Fire Dept) Service: 38.01 False 445286 4/4/2024 001-364-4230-00000 707-951-4569 (Mayes) Service: 13.84 False 445286 4/4/2024 001-470-4230-00000 707-951-9336 (Lovdahl) Service: 13.84 False 445286 4/4/2024 419-371-4230-00000 707-951-6752 (Wylie) 22.43 False 445286 4/4/2024 001-480-4230-00000 707-951-0714 (Borges, D) Service: 6.23 False 445286 4/4/2024 413-353-4230-00000 707-951-3319 (Smith, K) Service: 13.84 False 445286 4/4/2024 413-120-4230-00000 707-458-5594 (Carpenter) Service: 9.01 False 445286 4/4/2024 001-240-4230-00000 707-457-0881 Dash Cam 40.03 False 445286 4/4/2024 419-371-4230-00000 707-951-4418 (Clewell) Service: 14.12 False 445286 4/4/2024 413-120-4230-00000 707-458-4813 (Rawlings) Service: 13.84 False 445286 4/4/2024 506-506-4230-00000 707-951-0481 (Wylie) Service: 4.18 False 445286 4/4/2024 419-371-4230-00000 707-457-0899 (Ybarra) Service: 13.85 False 445286 4/4/2024 001-470-4230-00000 707-951-4418 (Clewell) Service: 8.31 False 445286 4/4/2024 413-353-4230-00000 707-951-2294 (PW Callout)Service: 13.84 False 445286 4/4/2024 508-508-4230-00000 707-951-5149 (Huffman) Service: 41.53 False 445286 4/4/2024 413-353-4230-00000 707-458-5644 (Corcilius) : 8.56 False 445286 4/4/2024 419-371-4230-00000 707-951-4569 (Mayes) Service: 13.85 False 445286 4/4/2024 506-506-4230-00000 707-951-9336 (Lovdahl) Service: 27.69 False 445286 4/4/2024 001-230-4230-00000 707-457-0794 (CFC) 40.01 False 445286 4/4/2024 419-371-4230-00000 707-951-0481 (Wylie) Service: 20.53 False 445286 4/4/2024 001-114-4230-00000 707-951-3392 (Gonzales-Valero) Service: 41.53 False 445286 4/4/2024 419-111-4230-00000 707-951-3016 (Wier) Service: 15.51 False 445286 4/4/2024 413-352-4230-00000 707-458-4722 (WWTP) Service: 38.01 False 445286 4/4/2024 413-352-4230-00000 707-951-4779 (WWTP Project Manager) Service: 28.15 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 19 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445286 4/4/2024 001-240-4230-00000 707-951-4867 (Owen) Service: 41.53 False 445286 4/4/2024 413-353-4230-00000 707-951-4418 (Clewell) Service: 17.02 False 445286 4/4/2024 419-130-4230-00000 707-458-8008 (Rice) Service: 10.38 False 445286 4/4/2024 419-120-4230-00000 707-951-3320 (Leaver) Service: 15.51 False 445286 4/4/2024 413-120-4230-00000 707-951-3320 (Leaver) Service: 15.51 False 445286 4/4/2024 001-364-4230-00000 707-951-4951 (PW IPAD) Service: 12.67 False 445286 4/4/2024 413-352-4230-00000 707-951-6831 (WWTP) Service: 22.30 False 445286 4/4/2024 001-112-4230-00000 707-458-4131 (Taylor) Service: 11.63 False 445286 4/4/2024 419-371-4230-00000 707-951-0540 (Smith, K) Service: 18.24 False 445286 4/4/2024 412-120-4230-00000 707-458-5594 (Carpenter) Service: 1.95 False 445286 4/4/2024 413-353-4230-00000 707-951-3905 (WWTP Spare) Service: 1.29 False 445286 4/4/2024 419-120-4230-00000 707-458-5026 (Meter Reader SPMR2) Service: 37.50 False 445286 4/4/2024 001-364-4230-00000 707-951-5285 (PW Spare) Service: 13.84 False 445286 4/4/2024 001-113-4230-00000 707-951-3378 (Altman, Robin) Service: 41.53 False 445286 4/4/2024 001-240-4230-00000 707-457-0890 Dash Cam 40.01 False 445286 4/4/2024 419-371-4230-00000 707-951-4116 (Amarante) Service: 25.54 False 445286 4/4/2024 001-364-4230-00000 707-951-1982 (DuBois) Service: 5.14 False 445286 4/4/2024 412-100-4230-00000 707-951-5029 (Lighthouse Cove RV) Service: 23.59 False 445287 4/4/2024 001-313-4560-00000 Quarterly Commissioner Stipend: 01/01-03/31/24 75.00 False 445288 4/4/2024 001-313-4560-00000 Quarterly Commissioner Stipend: 01/01-03/31/24 75.00 False 445289 4/4/2024 419-371-4390-00000 Lid, battery, pail 19.06 False 445289 4/4/2024 413-351-4390-00000 Lumber, carpenters pencil 15.33 False 445289 4/4/2024 419-371-4390-00000 Tool caddy, tool 22.71 False 445289 4/4/2024 001-364-4390-10025 Tool caddy, tool 22.72 False 445289 4/4/2024 506-506-4390-00000 Spray 19.47 False
445289 4/4/2024 508-508-4390-00000 Screws, nuts and bolts for #10 8.96 False 445289 4/4/2024 413-353-4390-00000 Tool caddy, tool 22.71 False 445289 4/4/2024 001-471-4390-00000 Hasp, padlock 34.08 False 445289 4/4/2024 506-506-4390-00000 Door 275.68 False
445289 4/4/2024 001-470-4390-00000 Water nozzle for tsunami fountain 23.34 False 445289 4/4/2024 001-470-4390-00000 Wrench, knife, plumbing supplies 44.69 False 445289 4/4/2024 001-470-4390-00000 Tape measure, hex, lumber 126.24 False 445289 4/4/2024 901-364-4799-PBL24 Screws, nuts and bolts 52.36 False 445289 4/4/2024 001-470-4390-00000 Duct seal 8.94 False 445289 4/4/2024 001-470-4390-00000 PVC Pipes, screws, galvenized parts 135.64 False 445289 4/4/2024 506-506-4390-00000 Key kwikset 6.04 False 445289 4/4/2024 419-371-4390-00000 Shovel 22.40 False
445289 4/4/2024 001-364-4390-10025 Screws, nuts and bolts 76.54 False 445289 4/4/2024 001-480-4390-00000 Screws, nuts and bolts, drive bit 5.74 False 445289 4/4/2024 001-480-4390-00000 Shower head, washers 3.88 False 445289 4/4/2024 001-480-4390-00000 Nozzle, reacher 328.91 False 445289 4/4/2024 001-470-4390-00000 Insert 5.79 False
445289 4/4/2024 001-471-4390-00000 Key ring, entry lock, key schlage, key kwikset 45.05 False AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 20 of 21 Check Number Check Date Acct 1 Description Amount Selected For Void 445289 4/4/2024 901-364-4799-PBL24 Lumber 129.74 False
445289 4/4/2024 508-508-4390-00000 Self leveler 28.23 False 445289 4/4/2024 001-470-4390-00000 Files, handles, hose adapter 46.13 False 445289 4/4/2024 506-506-4390-00000 Key switch 29.22 False 445289 4/4/2024 001-470-4390-00000 Galvenized parts, hose adapters 149.90 False 445289 4/4/2024 001-470-4390-00000 Epoxy 136.35 False
445289 4/4/2024 001-480-4390-00000 Hinge 16.55 False
445289 4/4/2024 419-371-4390-00000 Key kwikset, key schlage, waste bucket, hook for #24 22.73 False 445289 4/4/2024 419-371-4390-00000 Wallplates, cover box, cover switch 128.27 False 445289 4/4/2024 508-508-4390-00000 Key kwikset, key schlage, hex bushing 17.46 False 445289 4/4/2024 506-506-4390-00000 Screws, nuts and bolts 4.38 False 445289 4/4/2024 001-364-4390-10025 Bucket, spray paint 38.19 False 445289 4/4/2024 506-506-4390-00000 Nail stop, switch box 21.03 False 445290 4/4/2024 001-480-4450-00000 Backflow Testing 390.00 False 445291 4/4/2024 001-000-3221-00000 Cancellation with more that 72 hours notice - Conf # 5326 13.64 False 445291 4/4/2024 412-000-3570-00000 Cancellation with more that 72 hours notice - Conf # 5326 136.36 False 607,821.35
AP - 3-23-24 to 4-05-24 Council (4/9/2024) Page 21 of 21 AP
3-23-24 to 4-05-24 Housing
User: [email protected]
Printed: 4/9/2024 5:28:11 PM
Check Date Check Number Description Amount Selected For Void 4/4/2024 445255 City Hall Mats 0.24 False
4/4/2024 445255 City Hall Mats 0.24 False
4/4/2024 445255 City Hall Mats 0.24 False
4/4/2024 445209 CH Office Supplies 0.27 False
4/4/2024 445286 707-458-5594 (Carpenter) Service: 0.96 False 4/4/2024 445264 Janitorial Supplies- City-Wide 2.17 False 4/4/2024 445240 CH -Envelopes 2.92 False
4/4/2024 445240 CH -Envelopes 2.92 False
4/4/2024 445240 CH -Envelopes 2.92 False
4/4/2024 445240 CH -Envelopes 2.93 False
4/4/2024 445215 Tenant work employment verification service - 02/01-02/26/24 14.99 False 4/4/2024 445286 707-951-3447 (Minges) Service: 20.76 False 4/4/2024 445286 707-458-5306 Rosenthal, S 20.77 False
4/4/2024 445286 707-464-9216 (HA Office) Service: 22.30 False 4/4/2024 445286 707-951-0710 (Miller) Service: 28.15 False 4/4/2024 445286 707-951-0909 (Hurt) Service: 28.15 False 4/4/2024 445286 707-951-0902 (Hartwick) Service: 28.15 False 4/4/2024 445286 707-951-0897 (Stover) Service: 28.15 False 4/4/2024 445286 707-458-4816 (Hurt) Service: 41.53 False 4/4/2024 445286 707-485-4815 (Stover) Service: 41.53 False 4/4/2024 445286 707-458-5990 (Miller, M) Service: 41.53 False 4/4/2024 445286 707-458-4817 (Hartwick) Service: 41.53 False 4/4/2024 445264 Janitorial Supplies- City-Wide 43.60 False 4/4/2024 445258 Pest service 82.00 False
4/4/2024 445267 Annual Membership Dues 2024 138.96 False 4/4/2024 445209 Wireless Keyboard, mouse, mouse pad 180.88 False 4/4/2024 445289 Replace fire exit door as requested by the Safety Committee 787.92 False 1,606.71
AP - 3-23-24 to 4-05-24 Housing (4/9/2024) Page 1 of 1
1 | P a g e
4/1/24 COUNCIL MINUTES
CITY OF CRESCENT CITY
Mayor Blake Inscore Mayor Pro Tem Ray Altman
Council Member Jason Greenough Council Member Kelly Schellong Council Member Isaiah Wright
MONDAY APRIL 1, 2024 6:00 P.M.
OPEN SESSION
Call to order Mayor Inscore called the meeting to order at 6:01 p.m.
Roll call Council Members present: Council Member Jason Greenough, Council Member Kelly Schellong, Council Member Isaiah Wright, Mayor Pro Tem Ray Altman and Mayor Blake Inscore
Staff members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Finance Director Linda Leaver, Public Works Director Dave Yeager, Economic Development and Recreation Director Ashley Taylor, Housing Authority Executive Director Megan Miller (via Zoom), Grants Coordinator Bridget Lacey (via Zoom), Fire Chief Kevin Carey and Police Chief Richard Griffin Pledge of Allegiance led by Mayor Inscore
CEREMONIAL ITEMS
• Child Abuse Prevention Month Proclamation
Mayor Inscore read the proclamation aloud and presented it to Jamie Gormly, of the CAPC Committee. Ms. Gormly read some statistics to the Council about Del Norte County’s number of child abuse cases.
• Sexual Assault Awareness Month Proclamation
Mayor Inscore read the proclamation aloud and presented it to Kira Morse of Northcoast Rape Crisis Team (NCRCT). Ms. Morse went over the services NCRCT offers as well as the number of sexual assaults that have happened in Del Norte County.
REPORTS AND PRESENTATIONS
• Kamome Event
• Swim Camp Report
• Tsunami Anniversary
MINUTES
REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CRESCENT CITY
FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
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4/1/24 COUNCIL MINUTES
Economic Development and Recreation Director Taylor reported to the Council the upcoming Kamome event. On Thursday, April 11th at 4pm, a delegation from Rikuzentakata arriving at the airport. Director Taylor invited the community to welcome them here. For this year’s event, there will be an Emergency Preparedness Children’s event with first responders, emergency preparedness activities, and Sister City card craft event. A Taiko trained drum group called Unit Souzou will be April 12th from 7pm – 9pm at the Cultural Center. Details for the full event can be found at kamomefestival.com. This whole event is completely free for the community.
Director Taylor said the Swim Camp for last week was very successful. Crescent City Police Department and Crescent City Fire and Rescue were present to speak to the children. National Parks was also in attendance to teach the kids about our local wildlife.
Director Taylor also reported to the Council about the 60th Tsunami Anniversary Memorial. Which ended with a Candlelight Vigil at the tsunami memorial fountain in Mason Mall. Mayor Inscore said that the Camp was well done, he had two children attend for the week and they had a great time.
PUBLIC COMMENT PERIOD
There were no comments from the public.
CONSENT CALENDAR
1. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period March 9, 2024 through April 22, 2024.
2. Council Meeting Minutes
• Recommendation: Approve and adopt the January 22, 2024 and March 18, 2024 meeting minutes of the City Council.
3. Payroll Report
• Recommendation: Receive and file the biweekly payroll reports for the period ending March 23, 2024, paid March 29, 2024.
4. Declaring the Continuance of an Emergency Due to Continuous Slide Activity Along Pebble Beach Drive
• Recommendation: Declare by a 4/5 vote that there is a need to continue the emergency action for the continuous slide activity along Pebble Beach Drive between 7 th and 8th Streets per Public Contract code § 22050
5. Measure S Oversight Committee Appointments
• Recommendation: Confirm the Mayor’s appointments of Ernie Perry and Dana Reno to the Measure S Oversight Committee
6. Budget-to-Actual Financial Reports for February 2024 • Recommendation: Receive and file budget-to-actual financial reports of the City’s major operating funds for Fiscal Year 2023-24 as of February 29, 2024 Council Member Schellong asked for item 1 to be pulled from the consent calendar as she will be recusing herself due to a conflict of interest (Bicoastal Media and clients)..
Mayor Inscore asked for item 5 to be pulled so the appointees could be recognized. 3 | P a g e
4/1/24 COUNCIL MINUTES
There were no comments from the public on items 2, 3, 4, and 6 of the consent calendar.
On a motion by Council Member Schellong, seconded by Council Member Wright, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City adopted items 2, 3, 4, and 6 of the consent calendar as presented.
There were no comments from the public on item 1 of the consent calendar.
On a motion by Council Member Wright, seconded by Council Member Greenough, and carried on a 4-0-1 polled vote with Council Member Schellong recusing herself, the City Council of the City of Crescent City adopted item 1 of the consent calendar.
Council Member Schellong stated that she has worked with the two men on the Measure S Oversight Committee and recommends them both. Council Member Greenough thanked the appointees for volunteering their time.
There were no comments from the public on item 5 of the consent calendar.
On a motion by Council Member Greenough, seconded by Council Member Schellong, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City confirmed the Mayor’s appointments of Ernie Perry and Dana Reno to the Measure S Oversight Committee.
Mr. Perry and Mr. Reno both addressed the Council stating they were happy to continue serving the community on the Measure S Oversight Committee.
PUBLIC HEARING - None
CONTINUING BUSINESS
7. Change Order 6 for Continuation of Front Street From I to Play Street and Allocate Additional Street and Sewer Funds
• Recommendation: Hear staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Authorize the City Manager to sign Contract Change Order #6 with Tidewater Contractors in the amount of $1,351,319.00 for Bid Additive Items for the continuation of construction on Front Street from I to Play Street
• Approve and adopt Resolution No. 2024-19, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY
Public Works Director Yeager gave a PowerPoint presentation detailing all of the work that has been done on Front Street and what the next phases look like. He went over the nine funding sources that has made this project possible. The funding is as follows: authorized Measure S funds $516,233; American Rescue Plan Act (ARPA) funding $1,186,391; City General Fund $97,376; Del Norte Local Transportation Commission (DNLTC) $400k; DNLTC/Coronavirus Response and Relief Supplemental Appropriations Act (CRRSA) State Transportation Improvement Program (STIP) Funding $315k; DNLTC/CRRSA TIP funding $200k, Community project grant from Senator Huffman $750k Water Fund (for water main improvements $350k, and sewer fund for sewer main improvements $9,398. To complete the construction of Front Street between I Street and the Play Street including that intersection, Contract Change Order #6 includes the entire bid additive, less the water items that were already included in CCO #1. The 4 | P a g e
4/1/24 COUNCIL MINUTES
combined total of the adjusted scope of work is $1,351,319.00. To complete the storm drain work through the Play Street intersection, an existing sanitary sewer line which was running through an existing storm drain manhole has to be relocated. Therefore the project needs to add sewer funds for sewer plan drawings so a cost for this sewer work can be obtained from the contractor.
Although exact costs will not be known until the design is complete, the total estimated cost of the sewer improvements is $35,000. City Manager Wier stated for clarification, the Wastewater Treatment Plant (WWTP) is operating correctly, the storm water goes where it should and the sewage goes where should. City Manager Wier stated that the $33k will come from ARPA funding to authorize the change order. Staff will be going before the Measure S Oversight Committee to request $75k for contingency funds. Council Member Schellong stated that she is amazed at how many funding sources have been obtained for this project. She asked for Director Yeager to explain why there is the landscaping aspect down the middle of the road; Director Yeager stated that it narrows the width of the road and has improved pedestrian safety. Council Member Greenough asked what the completion date of the project; Director Yeager stated it would be concluded in 3 months.
There were no comments from the public.
On a motion by Council Member Wright, seconded by Council Member Schellong, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City authorized the City Manager to sign Contract Change Order #6 with Tidewater Contractors in the amount of $1,351,319.00 for Bid Additive Items for the continuation of construction on Front Street from I to Play Street and approved and adopted Resolution No. 2024-19, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY and directed staff to go to Measure S for $75k in contingency funds.
NEW BUSINESS
8. Agreement with Badawi & Associates for Financial Auditing Services • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign the Professional Services Agreement with Badawi & Associates
Director Leaver reported to the Council that the Badawi and Associates contract for audit services just ended. She outlined the Audit Committee’s process in order to review proposals and interview the applicants. After a lengthy committee discussion, Badawi and Associates was selected as the firm to be recommended to Council. There were two proposals received, Badawi and Associates was not the lowest cost proposal, but they had the best background and experience, and therefore was selected by the Audit Committee.
There were no comments from the public.
On a motion by Council Member Greenough, seconded by Council Member Schellong, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City authorized the City Manager to sign the Professional Services Agreement with Badawi & Associates.
9. Home Investment Partnerships Program 2022-2023 Application for Valhalla Townhomes
• Recommendation: Hear staff report
• Technical questions from the Council
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4/1/24 COUNCIL MINUTES
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2024-21, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING THE SUBMITTAL OF
AN APPLICATION FOR HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDING UNDER THE 2022-2023 NOFA FOR VALHALLA TOWNHOMES LOCATED AT 911 PACIFIC AVENUE IN THE AMOUNT OF $3,150,000 • Authorize the City Manager to sign and submit the Applicant Certification and Commitment of Responsibility
City Manager Wier stated that staff has worked very hard to increase housing for our community.
This particular project is overhauling an apartment complex which is becoming more and more of a bigger project. City Manager Wier stated that the resolution that was in the agenda packet had the incorrect dollar figure and would need to be changed to the correct amount of $3,150,000.
This is a new program for the CIty and will be the first time we have applied this. Within the agreement, Raymond Junior, of GS Valhalla, LP, will be responsible for paying the City annually through the life of the project. The loan is for 55 years and upon the end of that loan, it is due to be paid in full. Council Member Schellong stated that she thought they had already went over something for this project; City Manager Wier stated we have, there has been the execution of a revised Low-and-Moderate-Income Housing Asset Loan Agreement between the City and GS Valhalla, LLP, a contract term for Project Based Vouchers, adopting Resolution No. 2023-63, A Resolution of the City Council of the City of Crescent City Authorizing and Directing Execution of a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority and Approving the Issuance of Exempt Facility Bonds for a Qualified Residential Rental Project by the Authority for the Purpose of Financing or Refinancing the Acquisition, Rehabilitation and Improvement of Certain Facilities for the benefit of GS Valhalla, LP. This funding will make it a much more viable project. Council Member Greenough asked that since the City is working with a developer for funding this project, is there some risk to the City for entering into this loan. Mr.
Junior stated that it is a loan to him and a grant to the City; the City will not have to pay anything back to the State at end of the 55 years. Grant Coordinator Lacey stated that if the loan is defaulted on, the City would then be responsible for the balance. Mr. Junior stated that he has several agencies that are watching over his shoulder. Mr. Hastings of CDBG has been working in the HOME program for 20 years. There has not been one time where the money was asked to be returned to the State. They always try to work to save the project. Council Member Greenough asked that if we were to enter into this loan, would that impact the City’s ability to be able to apply for future loans; City Manager Wier stated that since it is a grant to the City, it should have no impact. Grants Coordinator Lacey stated that it would be very uncommon for the loan to fail because HCD would do whatever necessary to have the project succeed. City Attorney Rice stated that this is a grant, it is not a loan on the books and will not create cash flow issues to us.
Council Member Schellong asked for clarification on the 55-year loan; City Attorney Rice stated that the mandatory payment is not a set amount. At 55-years, whatever the outstanding balance is, is due payable at that time. Mayor Inscore asked if staff has reached out to Urban Futures to see if doing this would impact the City’s ability to get future loans. City Manager Wier stated that staff can ask; it is their understanding that it will not impact our ability to get another loan. Mr.
Raymond stated that if he were not doing what was required of him, the investors and the State would kick him out. Mayor Inscore stated that he is comfortable with the action tonight as long as there is a contingency that staff will reach out to Urban Futures to get information on whether or not this will impact the City’s ability to apply for a loan.
Roger Gitlin: asked if it is a full amortized loan with no interest rate; what is the end result when 55 years. Mr. Hastings stated it is a 3% simple interest loan, payable from 50% of the residual receipts. He stated that Mr. Junior is correct when he said he would be removed from the project if he doesn’t meet his requirements. The loan could also be forgiven at the end of 55 years. 6 | P a g e
4/1/24 COUNCIL MINUTES
On a motion by Council Member Schellong, seconded by Mayor Pro Tem Altman, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City approved and adopted Resolution No. 2024-20, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CRESCENT CITY AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDING UNDER THE 2022-2023 NOFA FOR VALHALLA TOWNHOMES LOCATED AT 911 PACIFIC AVENUE IN THE AMOUNT OF $3,150,000 and authorized the City Manager to sign and submit the Applicant Certification and Commitment of Responsibility and after staff has confirmed with Urban Futures that this will not affect the City’s ability to obtain debt financing for other projects.
CITY COUNCIL ITEMS
➢ Reports, Concerns, Referrals, Council travel and training reports Council Member Schellong: attended the 60th Anniversary of the Tsunami; attended the City staff meeting for fire extinguisher training.
Council Member Wright: went to a dinner to hear about grant funding to be used; would like to see the return of the Noll Surf Classic
Council Member Greenough attended the 60th Anniversary of the Tsunami Mayor Pro Tem Altman: nothing to report
Mayor Inscore: the City of Rikuzentakata commissioned their mural that was gifted to them by the City of Crescent CIty.
➢ Legislative Matters – None
➢ City Manager Report and City Council Directives – City Manager Wier reported the following to the Council:
o Measure S Oversight Committee meets on Wednesday, April 3rd o Special Council meeting Monday, April 8th at 5:30 p.m. at the WWTP o Clean California will fund the pedestrian piece; there $3.3 million awarded by CDBG so now, Front Street will be complete. Just got notification that we have been awarded $1million for the storm drain project on F Street. o Thanked everyone for their work on the CASA event this past weekend. o Chief Griffin reported to the Council that there is a Crescent City Cyber Unit that wages assault against crimes against children.
ADJOURNMENT
There being no further business to come before the Council, Mayor Inscore adjourned the meeting at 7:59 p.m. to a special meeting of the City Council of the City of Crescent City on Monday, April 8, 2024 at 5:30 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.
ATTEST:
____________________________
Robin Altman
City Clerk/Administrative Analyst
Home Dept. Regular Pay Overtime Gross Pay Employees Notes City Council (110) 3,509.84 - 3,509.84 5
Administration (111) 15,457.34 633.61 16,090.95 4
Econ Dev / Grants (112) 7,631.48 297.18 7,928.66 3
Human Resources (114) - - - 0
Finance (120) 13,704.93 92.36 13,797.29 6
City Attorney (130) 5,128.07 - 5,128.07 1
Fire (230) 17,698.36 95.01 17,793.37 5
Police (240) 45,381.59 5,141.81 50,523.40 16
Planning (313) 1,466.68 - 1,466.68 1
Public Works (350) 53,506.59 2,013.01 55,519.60 23
Recreation (450) 1,724.21 - 1,724.21 1
Swimming Pool (480) 13,870.12 113.12 13,983.24 18
Housing (490) 10,984.27 - 10,984.27 4
190,063.48 8,386.10 198,449.58 87
Payroll summarized above according to employees' home departments. Actual costs of employees are charged to department / fund where work was performed.
City of Crescent City
Biweekly Payroll Report
Payroll Ending 04/06/24
Pay Date 04/12/2024
Check Numbers: 111156-111162 (Plus Direct Deposits)
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DAVID YEAGER, DIRECTOR OF PUBLIC WORKS
DATE: APRIL 15, 2024
SUBJECT: DECLARING THE CONTINUANCE OF AN EMERGENCY DUE TO
CONTINUOUS SLIDE ACTIVITY ALONG PEBBLE BEACH DRIVE
__________________________________________________________________________
RECOMMENDATION
• Declare by a 4/5 vote that there is a need to continue the emergency action for the continuous slide activity along Pebble Beach Drive between 7th and 8th Streets per Public Contract code § 22050
BACKGROUND
At the February 5th City Council meeting, the Council declared an emergency pursuant to Public Contract Code Section 22050. This declaration of emergency allows the City to by pass the normal competitive bidding process in order to procure services and contractors to address the emergency; in this case, the continual slide activity that has undermined a section of Pebble Beach Drive between 7th and 8th Streets.
As of the posting of this agenda there are not any additional updates or significant changes in the current emergency. City staff are maintaining communication with Coastal Commission staff regarding permitting and Caltrans / California Office of Emergency Services regarding funding as well as engaging with State Senator McGuire’s and Congressman Huffman’s Office. These meetings have been productive and all agencies are fully aware of the emergency situation as well as the funding challenges. The last conversation with the California Office of Emergency Services indicated they are actively working on evaluating this project, although they could not commit to an exact timeframe when a determination will be made.
As a reminder, the City has applied for Emergency Opening (EO) funding with Federal Highways Administration (FHWA) and administered through Cal Trans. If approved, EO funding is 100% reimbursable. If granted the EO funding has to be spent within 270 days.
These funds are intended to cover only the immediate costs to stabilize the emergency, reopen the roadway, and provide for public safety. Current estimated emergency repair Pebble Beach Slide Emergency Declaration
APRIL 15, 2024
2 costs range from $3 to $7 million depending on the scope of work that is granted. It is not yet guaranteed that EO will be granted. If granted, the timeline for reimbursement is also not yet known and if advanced funds are not made available could create significate cash flow concerns.
The City has already been approved for approximately $32 million in Emergency Relief (ER) funding for a permanent fix for a longer stretch of Pebble Beach Drive including the area that has caused the road failure. The project has stalled, however, in part due to the fact that the funds are disbursed only after the project is completed. The City does not have the ability to front the funds for a $32 million project. While waiting on the EO funding approval, staff is also looking at all potential alternatives to be able to implement a feasible project. State Senator McGuire recently visited the area, met with the City Manager, Mayor Inscore, and Mayor Pro Tem Altman and continues to work on behalf of the City to try find funding solutions at the State level.
ANALYSIS
The Public Contract Code requires the City to revisit whether an emergency declaration allowing the City to contract without formal bids is still necessary at each regular meeting.
It is necessary to continue the emergency action as the slide has yet to be fixed. It remains in the City’s best interest to have the road repaired as soon as possible as each storm / rain event causes further erosion and undermining of the road. The road’s condition presents a danger to the health and safety of the public. Until the City receives funding to fix the failing road, timelines and methods remain unknown. However, in order to mitigate damage as much as possible, funding, design and construction will all need to come together in a very short window of time. This window is not enough time to competitively let bids for design and then construction.
FISCAL ANALYSIS
Continuing the emergency will not result in any direct fiscal impact.
STRATEGIC PLAN ASSESSMENT
GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND HEALTH TO
ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR RESIDENTS AND
VISITORS
A. Enhance collaboration with other agencies and the community to better aid the public.
B. Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States.
C. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs.
ATTACHMENTS
None.
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: RICHARD GRIFFIN, CHIEF OF POLICE
DATE: APRIL 15, 2024
SUBJECT: CCPD GRANT APPLICATION 2024 – ABC ALCOHOL POLICING
PARTNERSHIP PROGRAM
______________________________________________________________________
RECOMMENDATION
• Ratify City Manager’s signature on the ABC Alcohol Policing Partnership Program grant application for $23,911
BACKGROUND
The California Department of Alcoholic Beverage Control is offering grant funding for up to $100,000 per agency, effective July 1, 2024. The grant proposal deadline was April 1, 2024. The Crescent City Police Department successfully applied for the Alcohol Policing Partnership (APP) Grant in 2020, 2021, 2023 and was awarded over $20,000 in funds each year. These funds were utilized for minor decoy/shoulder tap operations, impact inspections, and general enforcement patrols. Some of the funds were also utilized to buy a new computer and other equipment for the grant program operations. CCPD applied for the same funding in 2022 but did not receive a grant award for that year.
ANALYSIS
This grant opportunity provides for up to $100,000 of funding per agency, which is eligible to pay for wages (straight time and overtime), benefits, up to $2,500 of equipment, and training costs for a required APP Conference that takes place in July 2024. Funds from this program would again be used for minor decoy/shoulder tap operations, impact inspections, and general enforcement patrols during major events.
CCPD has submitted an application for the 2024-25 grant cycle in the amount of $23,911.
The grant deadline was April 1
st
, and staff submitted the grant application prior to the deadline.
City Council Agenda Report
ABC GRANT APPLICATION
APRIL 15, 2024
2 For the specified operations the proposal will be to have two extra officers on duty for an 8-hour overtime shift each. This would be planned for a total of 16 operations during the grant cycle. This would result in 256 total overtime hours and benefits. Also, a mandatory portion of the grant is attendance at the APP Conference in July of 2024 The grant will cover all associated costs for travel and attendance to this conference. CCPD is also looking to purchase two new Alco-Sensor FST machines, along with a dry gas cylinder for testing and maintenance. A digital camera would also be purchased to help with surveillance during operations, along with five flashlights.
FINANCIAL IMPACT
If approved for the proposed ABC funding, there would be $23,911 in grant revenue added to the CCPD budget along with matching expenses. Up to $2,500 of this money can be used for equipment and the rest would go towards overtime, regular time pay, benefits, and training for the operations to be completed.
STRATEGIC PLAN ANALYSIS
Attempting to acquire grant funding through these sources meets the goals and objectives of Goal 1 “Support quality services and community safety to enhance the lives of our citizens and visitors”, Subsection C. “Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States” Attachments
1. ABC APP Grant PDF
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: APRIL 15, 2024
SUBJECT: H-GAC INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING
RECOMMENDATION
• Approve and authorize the City Manager to sign the H-GAC Interlocal Contract for Cooperative Purchasing
BACKGROUND
The Houston-Galveston Area Council (H-GAC) is the largest of 24 Councils of Government (COG) in Texas and is a political subdivision of the State of Texas. It has been serving local governments for more than 40 years.
H-GAC's Cooperative Purchasing Program, known as HGACBuy, was established pursuant to Texas Interlocal Cooperation Act [Texas Local Government Code, Title 7, Chapter 791]. The Act allows local governments and certain non-profits to contract or agree under the terms of the Act to make purchases or provide purchasing services and other administrative functions appropriately established by another government entity.
The Interlocal Contract (ILC) is the required legal document that establishes a link between the Member (local governments and certain non-profits) and HGACBuy and gives the Member access to HGACBuy contracts.
HGACBuy contracts are established based on the requirements of [Texas Local Government Code, Chapter 252]. Products and services are contracted after having been subjected to either a competitive bid (IFB) or competitive proposal (RFP) process.
Contracts are blanket type, usually for a term of two or three years. Use of HGACBuy for purchases by any Member is strictly at the discretion of that entity. Member issue their purchase orders and pay the HGACBuy Contractor directly.
There are no annual membership dues required to purchase thru HGACBuy.
HGAC INTERLOCAL CONTRACT
APRIL 15, 2024
2 2
ANALYSIS
The benefits of utilizing a cooperative purchasing program such as HGACBuy include utilizing an expedited procurement process and access to volume pricing and special discounts from vendors from across the nation.
City staff are currently considering using HGACBuy to purchase the self-contained breathing apparatus (SCBA) for the fire department. However, the City could use the service for other purchases as well.
The contract is valid for this fiscal year and then automatically renews each fiscal year.
The contract may be terminated at anytime upon 30 days’ written notice.
FISCAL ANALYSIS
There is no direct cost to executing the interlocal contract and becoming a member. The utilization of the contract will result in a cost to the City fund responsible for whatever goods or equipment are purchased.
STRATEGIC PLAN ASSESSMENT
GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND HEALTH TO
ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR RESIDENTS AND
VISITORS
A. Enhance collaboration with other agencies and the community to better aid the public.
B. Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States.
C. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs.
GOAL 2: PROMOTE A THRIVING LOCAL ECONOMY
D. Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities.
ATTACHMENTS
• Sample H-GAC Interlocal Contract for Cooperative Purchasing
INTERLOCAL CONTRACT ILC
FOR COOPERATIVE PURCHASING No.:______________
Permanent Number assigned by H-GAC
THIS INTERLOCAL CONTRACT (“Contract”), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the “Act”), by and between the Houston-Galveston Area Council, hereinafter referred to as “H-GAC,” having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and * ___ ________________________________________________________________________, a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as “End User,” having its principal place of business at * ________________________________________________________________
W I T N E S S E T H
WHEREAS, H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and
WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and
WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and
WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on *____________________ _______, and that it desires to contract with H-GAC on the terms set forth below; NOW, THEREFORE, H-GAC and the End User do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The End User represents and warrants to H-GAC that (1) it is eligible to contract with H-GAC under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract.
ARTICLE 2: APPLICABLE LAWS
H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Contract.
ARTICLE 3: WHOLE AGREEMENT
This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: PERFORMANCE PERIOD
The period of this Contract shall be for the balance of the fiscal year of the End User, which began *_______________________ and ends * _______________________. This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an HGAC contractor beyond the fiscal year in which such obligation was incurred under this Contract.
ARTICLE 5: SCOPE OF SERVICES
The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the HGAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership (title) to products purchased through H-GAC shall transfer directly from the contractor to the End User. (over)
ARTICLE 6: PAYMENTS
H-GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H-GAC’s contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from an HGAC contractor.
ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation.
H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder.
ARTICLE 8: TERMINATION PROCEDURES
H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to this Contract. The obligations of the End User, including its obligation to pay H-GAC’s contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until performed or discharged by the End User.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 11: VENUE
Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase.
THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS:
*
Name of End User (local government, agency, or non-profit corporation) *
Mailing Address
*
City State ZIP Code
*By:
Signature of chief elected or appointed official
*
Typed Name & Title of Signatory
Houston-Galveston Area Council
3555 Timmons Lane, Suite 120, Houston, TX 77027
By:________________________________________________________ Executive Director
Date: ______________________________________________________ *______________________________________________
Date
*Denotes required fields
rev. 4/18
END USER DATA
Please sign and return the Interlocal Contract, along with this completed form, to H-GAC by emailing it to [email protected] or by faxing it to 713-993-2424. The contract may also be mailed to:
H-GAC Cooperative Purchasing Program
P.O. Box 22777, Houston, TX 77227-2777
Name of End User Agency: _____________________________________________________ County Name: ____________________ (Municipality/County/District/etc.)
Mailing Address: ______________________________________________________________________________________________ (Street Address/P.O. Box) (City) (State) (ZIP Code)
Main Telephone Number: ______________________________ FAX Number: ____________________________________________ Physical Address: ______________________________________________________________________________________________ (Street Address, if different from mailing address) (City) (State) (ZIP Code) Web Site Address: ____________________________________________________________________________ Official Contact: ___________________________________________ Title: __________________________________ (Point of Contact for HGACBuy Interlocal Contract) Ph No__________________________________ Mailing Address: ___________________________________________ Fx No. : ________________________________ (Street Address/P.O. Box) E-Mail Address: __________________________ _________________________________________________________ (City) (State) (ZIP Code)
Authorized Official: __________________________________________ Title: ___________________________________ (Mayor/City Manager/Executive Director/etc.) Ph No.: _________________________________ Mailing Address: _____________________________________________ Fx No. __________________________________ (Street Address/P.O. Box) E-Mail Address: __________________________ ____________________________________________________________ (City) (State) (ZIP Code)
Official Contact: _______________________________________________ Title: ____________________________________ (Purchasing Agent/Auditor etc. ) Ph No.: __________________________________ Mailing Address: ______________________________________________ Fx No. : __________________________________ (Street Address/P.O. Box) E-Mail Address: ___________________________ _____________________________________________________________ (City) (State) (ZIP Code)
Official Contact: ________________________________________________ Title: ____________________________________ (Public Works Director/Police Chief etc.) Ph No.: __________________________________ Mailing Address: _______________________________________________ Fx No. : _________________________________ (Street Address/P.O. Box) E-Mail Address: ___________________________ _______________________________________________________________ (City) (State) (ZIP Code)
Official Contact: ________________________________________________ Title: ____________________________________ (EMS Director/Fire Chief etc. ) Ph No.: __________________________________ Mailing Address: ________________________________________________ Fx No. : _________________________________ (Street Address/P.O. Box) E-Mail Address: ___________________________ _______________________________________________________________ (City) (State) (ZIP Code)
* denotes required fields
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: BRIDGET LACEY, GRANTS AND ECONOMIC DEVELOPMENT
COORDINATOR
DATE: APRIL 15, 2024
SUBJECT: PUBLIC HEARING TO CLOSE OUT GRANT 20-CDBG-12011, NORTH
COAST RAPE CRISIS TEAM - SEXUAL ASSAULT SERVICES
______________________________________________________________________
RECOMMENDATION
• Open public hearing
o Hear staff report
o Technical questions from Council
o Receive public comment
• Close public hearing
• Further Council discussion
• Approve the final accomplishments under the Community Development Block Grant contract # 20-CDBG-12011, North Coast Rape Crisis Team - Sexual Assault Services; and
• Direct staff to submit the final closeout documents to the Department of Housing and Community Development (HCD)
BACKGROUND
Under the City’s 20-CDBG-12011 grant contract, the City is required to hold a public hearing to review the accomplishments of the grant and to approve its closeout. The grant agreement also requires the City to solicit citizen input regarding the outcome and accomplishments of the grant. Notice of this public hearing was published in the Triplicate on April 3, 2024.
This grant agreement covered the following activity:
Public Service – North Coast Rape Crisis Team – Sexual Assault Services - $150,500 CDBG CLOSEOUT # 20-CDBG-12011
APRIL 15, 2024
2 The grant agreement between the City and the State was executed April 2, 2021 with a deadline of April 1, 2024 to spend the funds. All projects were completed within budget and within the timeframe established by the grant contract.
ITEM ANALYSIS
The City entered into a Subrecipient Agreement with the North Coast Rape Crisis Team (NCRCT) to provide sexual assault services on April 17, 2020, however, the grant expenditure period did not begin until April 2, 2021, as that is when the City’s contract with HCD was executed. During the grant expenditure period, North Coast Rape Crisis Team served a total of 37 beneficiaries.
The North Coast Rape Crisis Team offers free and confidential sexual assault services to people of all ages, genders and circumstances, regardless of how recent or long-ago traumatic experiences occurred. They also provide primary prevention, education, and community awareness through a wide variety of age and culturally specific programs. It is their mission to create a culture of safety, solidarity, and support for all who are affected by sexualized violence by empowering survivors through advocacy and education services in partnership with our communities.
During the grant expenditure period, NCRCT provided a total of 17 nights of shelter, food on 37 different occasions, transportation assistance 45 times (including gas fill ups, bus tickets, cab rides, and advocate-provided transportation), clothing 11 times, 3 cell phones, 2 phone cards, paperwork filing fees 2 times, and other support 11 times. This included items such as puppy pads which allowed a survivor to stay in an emergency shelter, a pet carrier to help a survivor leave the area, replacement of a key fob that was stolen during the survivor’s assault, headphones to allow survivors to participate in confidential virtual counseling services, etc.
FISCAL ANALYSIS
This project was funded by a Community Development Block Grant (CDBG) of $150,500 and there was no match required for this grant. Unused grant funds in the amount of $3,114.73 will be disencumbered by the grantor.
STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan goals:
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors • Goal 2(F): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs
ATTACHMENTS
1. CDBG Grant 20-CDBG-12011 Closeout Documents
Version 7/12/2022 1
CDBG Combined Closeout Package
CDBG Award/Contract Number (fill in):
Checklist
I/we have completed the following forms. Check all that apply.
Closeout Certification
Acquired Property Inventory
Disencumbrance of Funds Acknowledgement/Request
Completion Report Acknowledgement
Completion Report uploaded or attached
Section 3 Compliance Acknowledgement
Section 3 Closeout Report (complete only if applicable) Select and complete correct form based on award date
Section 3 Qualitative Efforts (complete only if applicable) Affidavit of Posting Notice
Proof of posting also upload/attached (e.g., picture of the website posting with date stamp, newspaper clipping, or a photo of the document posted in a public place noted on affidavit)
If this award included a planning activity, I/we have uploaded or attached ALL of the following:
Final Product(s)
Documentation of Public Hearing to accept final product(s) (e.g., copies of announcements, posting, etc.)
Board Resolution accepting each/all final product(s)
CDBG Combined Closeout Package Signature
CDBG – Closeout Certification
Version 7/12/2022 1
Closeout Certification
I (name of authorized representative), ________________________________, hereby certify that all activities undertaken by the Grantee with funds provided under CDBG Award/Contract Number _________________________ have, to the best of my knowledge, been carried out in accordance with the award/contract agreement; that proper provision has been made by the Grantee for the payment of all costs and claims; that the State of California is under no obligation to make further payment to the Grantee under the award/contract agreement; and that every statement and amounts set forth in all Financial Reports are to the best of my knowledge, true and correct.
The Grantee shall continue to comply with the State CDBG program income reporting requirements.
All costs incurred subsequent to the most recent annual audit period will be audited at the time the Grantee’s next annual audit is conducted in accordance with 2 CFR 200, Subpart F. The Grantee will resolve any audit findings relating to both the program and financial aspects of the award/contract. In the event there are any costs which are disallowed by this audit or any subsequent audits which cover CDBG expenditures, and which are sustained by the Department of Housing and Community Development, the amount of such costs shall be returned to HCD.
CDBG – Acquired Property Inventory
Version 7/12/2022 1
Acquired Property Inventory
Complete the table below listing any property acquired in whole or in part with CDBG funds or CDBG Program Income in the table below in accordance with the provisions of 24 CFR Part 570.489(k) – Accountability of Real and Personal Property and 24 CFR Part 570.489(e) – Program Income of the HUD CDBG regulations pertaining to property management and program income. If applicable, state “None” acquired. Include additional copies of the table if required.
Future disposition of this property shall be carried out in accordance with CFR 24 Sec. 570.489(j) – Change of Use of Real Property for instructions.
Grantee: Award/Contract Number:
Contract/Project Name:
In the table below in the Proof of Ownership column, enter the type of proof on record, e.g., title, deed, invoice receipt. In the % CDBG Funded column, enter the percentage of the property funded by CDBG award dollars or by CDBG Program Income.
Description of Property Acquisition
Date
Acquisition
Cost
Serial #
or ID # Condition Status Location Proof of Ownership
% CDBG
Funded
%
%
%
%
CDBG – Acquired Property Inventory
Version 7/12/2022 2
Description of Property Acquisition
Date
Acquisition
Cost
Serial #
or ID # Condition Status Location Proof of Ownership
% CDBG
Funded
%
%
%
%
%
%
%
%
%
%
%
%
%
%
%
CDBG – Disencumbrance of Funds
Version 7/12/2022 1
Disencumbrance of Funds Acknowledgement/Request
This award/contract has unused CDBG Grant Funds. This excludes Program Income.
Yes
No (If “No”, skip to the Completion Report Acknowledgement form) Use the table below for Agreements from Program Year 2017 and prior.
Program Activity Activity
Code
Awarded
Amounts
Amount to Be
Disencumbered Balance
TOTAL
For Program Years 2018 and later, please enter the total amount to be disencumbered: $_____________________
CDBG – Completion Report Acknowledgement
Version 7/12/2022 1
Completion Report Acknowledgement
Complete one of the acknowledgments below based on the funding year for the CDBG award/contract you are closing out.
For 2017 and prior projects: I/We have attached a copy of the completed Completion Report for this project/program to this Combined Closeout Package. Grantee should obtain the appropriate Completion Report for their activity type from their HCD Representative or Grant Administrator.
Yes
No (Grantee will be unable to close out the project/program until report is provided.) For 2018 and later projects (including CDBG-CV): I/We have uploaded a copy of the completed Completion Report to the Grants Network Portal concurrently with the submittal of this package.
Grantee should obtain the appropriate Completion Report for their activity type from their HCD Representative or Grant Administrator.
Yes
No (Grantee will be unable to close out the project/program until report is provided.) Grantee should not initiate closeout in the Grants Network Portal until they can provide a Completion Report.
CDBG – Section 3 Compliance Acknowledgement
Version 7/12/2022 1
Section 3 Compliance Acknowledgement
The purpose of Section 3 of the Housing and Urban Development Act of 1968 is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons.
Section 3 requirements apply to housing rehabilitation, housing construction, or other public construction projects when the total amount of housing and community development assistance for the covered project activity (not including general administration) meets or exceeds a funding threshold, generally $200,000.
Section 3 compliance requirements should have been established at project set up. Grantees who are uncertain whether Section 3 requirements apply to their project(s) should contact their HCD Representative or Grant Administrator.
1. This project/program was funded prior to November 30, 2020 and is required to comply with the prior HUD Section 3 Rule, found at 24 CFR 135.
Yes (Complete the Section 3 Closeout Report for Contracts Funded Prior to November 30, 2020 on the next page.)
No (If “No”, answer Question 2 on this form.)
2. This project/program is required to comply with the HUD Section 3 Final Rule, effective on November 30, 2020, and codified at 24 CFR part 75.
Yes (Complete the Section 3 Closeout Report for Contracts Funded on or After November 30,2020.)
No
If you answer “No” to both questions above, skip to the Affidavit of Posting Notice form.
CDBG – Section 3 Closeout Report (Prior to 11/30/2020)
Version 7/12/2022 1
Section 3 Closeout Report
(For Contracts Funded Prior to November 30, 2020)
Grantee Name:
Award/Contract Number:
Project Name:
Project Location (Address):
County or Metropolitan Service Area (MSA)
Where Project is Located:
Report Date:
Please complete the tables below showing Section 3 hires for Grantee and any subrecipients and contracting opportunities for this project/program. Copy this page and attach to report if you need additional rows.
Job Category Number of
New Hires
Number of Section 3
New Hires
Number of Section 3
Trainees
Category Totals:
CDBG – Section 3 Closeout Report (Prior to 11/30/2020)
Version 7/12/2022 2
Construction Contracts
1 Total dollar amount of construction contracts
awarded
2 Dollar amount of construction contracts awarded to
Section 3 businesses
3 Percentage of total construction contract dollars
awarded to Section 3 business (Row 2 divided by
Row 1)
4 Number of Section 3 businesses that received
construction contracts
Non-Construction Contracts
1 Total dollar amount of non-construction contracts
awarded
2 Dollar amount of non-construction contracts
awarded to Section 3 businesses
3 Percentage of total non-construction contract
dollars awarded to Section 3 businesses (Row 2
divided by Row 1)
4 Number of Section 3 businesses that received nonconstruction contracts *Non-construction contracts are often construction-related contracts for professional services like landscaping, pest control, accounting, architecture, legal services, engineering etc.
CDBG – Section 3 Closeout Report
Version 7/12/2022 1
Section 3 Closeout Report
(For Contracts Funded On or After November 30, 2020)
Grantee Name:
Award/Contract Number:
Project Name:
Project Location (Address):
County or Metropolitan Service Area (MSA)
Where Project is Located:
Report Date:
Please complete the table below showing labor hours on this contract and percentages as of the date of this report. Remember, if you have multiple projects under this contract, this report should show combined (roll-up) hours for the entire contract (program) as well as percentages based on these totals. Individual project information should be maintained in Grantee records.
For reference the Section 3 “safe harbor” benchmarks are:
Section 3 Workers make up at least 25% of the total project’s hours AND
Targeted Section 3 Workers make up at least 5% of the total project’s hours by the time of project closeout.
Hours Percent of Total
Labor Hours
Safe Harbor
Benchmark Met? (Y/N)
Total Labor Hours to Date:
Total Section 3 Labor
Hours to Date:
Targeted Section 3 Labor
Hours to Date:
CDBG- – Section 3 Qualitative Efforts
Version 7/12/2022 1
Section 3 Qualitative Efforts Description
This form is only required for Grantees whose project was funded on or after November 30, 2020 and whose labor hour benchmarks for Section 3 Workers (25% of a total project’s hours) AND Targeted Section 3 Workers (5% of a total project’s hours) are not anticipated to be met by the time of project closeout. Grantees should maintain records for HUD review to document any efforts checked.
Award/Contract Number:
Contractor/Grantee:
Please read the following list of qualitative efforts that may be undertaken to comply with Section 3 and check ALL that applied to your organization during the course of this CDBG project. Note that these actions are associated with your organization and do not need to be associated with the particular CDBG project. For more information consult the Community Planning and Development (CPD) Notice at
https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-09cpdn.pdf.
Outreach efforts to generate job applicants who are Public Housing Targeted Workers Outreach efforts to generate job applicants who are Other Funding Targeted Workers Direct, on-the-job training including apprenticeships
Indirect training such as arranging for contracting for, or paying tuition for, off-site training
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching)
Outreach efforts to identify and secure bids from Section 3 business concerns Technical assistance to help Section 3 business concerns understand and bid on contracts
CDBG- – Section 3 Qualitative Efforts
Version 7/12/2022 2
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns
Provided or connected residents with assistance in seeking employment including drafting resumes, preparing for interviews, finding job opportunities, connecting residents to job placement services
Held one or more job fairs
Provided or connected residents with supportive services that can provide direct services or referrals
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview coaching, uniforms, test fees, and/or transportation
Assisted residents with finding childcare
Assisted residents to apply for or attend community college or a four-year educational institution
Assisted residents to apply for or attend vocational/technical training Assisted residents to obtain financial literacy training and/or coaching Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns
Provided or connected residents with training on computer use or online technologies Other (Please describe below.)
NOTICE OF PUBLIC
HEARING
CITY OF CRESCENT CITY
COMMUNITY
DEVELOPMENT BLOCK
GRANT PROGRAM
NOTICE IS HEREBY
GIVEN that the City Council
of the City of Crescent City
will conduct a Public
Hearing on April 15th, 2024,
at 6:00 pm at 981 H Street,
Crescent City, CA 95531.
You can find the full agenda
on the City website
(www.crescentcity.org).
The purpose of this hearing
is to review and approve the
accomplishments that were
produced from the City’s 20-
CDBG-12011 agreement
with the State of California
and to solicit citizen input
regarding the outcome and
accomplishments of the
funding received under this
contract. The City was
awarded $155,000 in CDBG
grant funds for the North
Coast Rape Crisis Team
Sexual Assault Services
Program.
Citizens will be given the
opportunity to make their
comments known and
questions answered related
to the grant listed above. If
you are unable to attend the
Public Hearing, you may
direct written comments to
the City of Crescent City,
377 J Street. In addition,
public information files for
these projects may be
reviewed at City Hall
between 7:30 A.M. and 5:30
P.M., Monday through
Thursday.
If you plan on attending the
public hearing and need a
special accommodation
because of a sensory or
mobility
impairment/disability,
please contact the City at
(707) 464-7483 to arrange
for those accommodations
to be made.
The City of Crescent City
promotes fair housing and
makes all its programs
available to low and
moderate- income families
regardless of age, race,
color, religion, sex, national
origin, sexual preference,
marital status, or physical
disabilities.
Published: April 3, 2024.
Triplicate. T-387619
CDBG – Combined Closeout Package Signature
Version 7/12/2022 1
CDBG Combined Closeout Package Signature
I, the undersigned, hereby certify that all representations made and/or information provided in this combined closeout package and any referenced uploads or attachments is, to the best of my knowledge, true. I further state that my signature below will serve as signature for each of the completed forms in this package as well as for the CDBG Combined Closeout Package taken as a whole.
Date: Typed Name and Title of Official
Authorized in the Resolution:
Signature of Official Authorized
in the Resolution
Name:
Title
MINUTES
Crescent City Housing Authority
REGULAR MEETING
MARCH 18, 2024 AT 6:00 P.M.
FLYNN CENTER, 981 H STREET, CRESCENT CITY, CA 95531
Call to order Chairman Inscore called the meeting to order at 8:25p.m.
Roll Call Directors present: Director Jason Greenough, Director Kelly Schellong, Director Isaiah Wright, Vice-Chairman Ray Altman, and Chairman Blake Inscore
Staff present: City Manager Eric Wier, City Attorney Martha Rice, Housing Authority Executive Director Megan Miller, and City Clerk/Administrative Analyst Robin Altman
CONSENT CALENDAR
9. Housing Authority Meeting Minutes
• Recommendation: Approve and adopt the December 18, 2023 meeting minutes of the Crescent City Housing Authority
There were no comments from the public.
On a motion by Director Wright, seconded by Director Schellong, and carried unanimously on a 5-0 polled vote, the Housing Authority Board of Directors approved and adopted the December 18, 2023 meeting minutes of the Crescent City Housing Authority.
PUBLIC HEARING
10. Annual Plan Submission FYB24
• Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Board
• Receive public comment
• Further Board discussion
• Close public hearing
• Consider and adopt Resolution No. HA2024-01, A RESOLUTION OF THE
CRESCENT CITY HOUSING AUTHORITY APPROVING AND AUTHORIZING EXECUTION OF THE FY24 PHA ANNUAL PLAN AND CERTIFYING COMPLIANCE
OF THE PLAN AND ITS RELATED REGULATIONS TO THE DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT
Housing Authority Executive Director Miller went over the Annual Plan and how it is compiled and the process to ensure that the public hearing is noticed properly. She went into detail over what the PHA Plan consists of, including the goals and objectives. The CCHA works very closely with the unhoused community so they are aware of their programs and how to access them. She reported that due to having issues with getting referrals, the VASH vouchers are currently under-utilized. Presently, there are 20 vouchers being unused. Mayor Inscore stated that 100% accreditation for 8 years in a row is very impressive; Director Miller stated that all of the credit goes to her staff.
There were no comments from the public.
On a motion by Director Schellong, seconded by Director Wright, and carried unanimously on a 5-0 polled vote, the Housing Authority Board of Directors considered and adopted Resolution No. HA2024-01, A RESOLUTION OF THE CRESCENT CITY HOUSING AUTHORITY APPROVING AND AUTHORIZING EXECUTION OF THE FY24 PHA ANNUAL PLAN AND
CERTIFYING COMPLIANCE OF THE PLAN AND ITS RELATED REGULATIONS TO THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
NEW BUSINESS – None
ADJOURNMENT
There being no further business to come before the Board of Directors, Chairman Inscore adjourned the meeting at 8:41 p.m. to the next meeting of the Crescent City Housing Authority scheduled for Monday, April 15, 2024 at 6:00 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531
ATTEST:
_______________________
Robin Altman
City Clerk/Administrative Analyst
CRESCENT CITY HOUSING AUTHORITY
AGENDA REPORT
TO: CHAIR INSCORE AND MEMBERS OF THE BOARD
FROM: ERIC WIER, CITY MANAGER
BY: MEGAN MILLER, HOUSING DIRECTOR
DATE: APRIL 15, 2024
SUBJECT: AGREEMENT TO ENTER INTO A HOUSING ASSISTANCE PAYMENT CONTRACT WITH CRESCENT CITY H STREET LP FOR 26 PBV UNITS
AT HARBOR POINT
______________________________________________________________________
RECOMMENDATION
• Approve and authorize the Housing Director to execute an Agreement to Enter into a Housing Assistance Payments (AHAP) contract with Crescent City H Street LP for 26 Project Based Voucher (PBV) units at Harbor Point.
BACKGROUND
On August 21, 2023, the Board approved a commitment of 26 PBV’s at Danco’s proposed Harbor Point senior housing project located at 655 H Street. The environmental review and subsidy layering analysis for the project have both received approval. The entity that will develop and own the project is Crescent City H Street LP. Danco is one of the partners.
ITEM ANALYSIS
Before construction can commence, CCHA must enter into an Agreement to Housing Assistance Payments contract (AHAP) with Crescent City H Street LP. The AHAP is needed for closing on the development, which is anticipated for April 17. Once construction is completed, the AHAP binds the CCHA to enter into the official Housing Assistance Payments (HAP) contract for the PBV units. Since the AHAP binds CCHA to the HAP contract, approval of this agreement also constitutes approval to enter into the formal HAP contract upon completion of construction and approval of occupancy.
AHAP FOR PROJECT BASED VOUCHERS
APRIL 15, 2024
2 FISCAL ANALYSIS
There are no direct financial impacts to the recommended action, as the funds will be spent for HAP during the 20-year period regardless of location.
STRATEGIC PLAN ANALYSIS
This action supports the following Strategic Plan Goals and Priorities:
GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND HEALTH TO
ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR RESIDENTS AND VISITORS; A. Enhance collaboration with other agencies and the community to better aid the public; E. Target economic development improvements that provide additional benefit by enhancing the quality of life for residents.
GOAL 2: PROMOTE A THRIVING LOCAL ECONOMY; B. Support community organizations that provide measurable services to the community; D. Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities; F. Supporting community partners whenever and wherever possible in their vitalization efforts.
ATTACHMENTS
• Agreement to Enter into a Housing Assistance Payments contract with Crescent City H Street LP
OMB Approval No. 2577-0169
(exp. 07/31/2022)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM
AGREEMENT TO ENTER INTO A
HOUSING ASSISTANCE PAYMENTS CONTRACT
NEW CONSTRUCTION OR REHABILITATION
PARTI
Public reporting burden for this collection of information is estimated to average 0.5 hours. This includes the time for collecting, reviewing and reporting the data. The information is being collected as required by 24 CFR 983.152, which requires the PHA to enter into an Agreement with the owner prior to execution of a HAP contract for PBV assistance as provided in §983.153. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Assurances of confidentiality are not provided under this collection.
Privacy Act Statement. HUD is committed to protecting the privacy of individuals’ information stored electronically or in paper form, in accordance with federal privacy laws, guidance, and best practices. HUD expects its third-party business partners, including Public Housing Authorities, who collect, use maintain, or disseminate HUD information to protect the privacy of that information in Accordance with applicable law.
1.1 Parties
1.2 This Agreement to Enter into Housing Assistance Payments Contract (“Agreement”) is between:
City of Crescent City Housing Authority (“PHA”) and
(“owner”)
Purpose
The owner agrees to develop the Housing Assistance Payments Contract (“HAP Contract”) units to in accordance with Exhibit B and to comply with Housing Quality Standards (“HQS”), and the PHA agrees that, upon timely completion of such development in accordance with the terms of the Agreement, the PHA will enter into a HAP Contract with the owner of the Contract units.
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Parti of 2
(07/2019)
Previous Editions are obsolete
Crescent City H Street LP
•
estimated initial rent to owner for the contract units.
EXHIBIT D: The HAP contract.
1.4 Significant Dates
A. Effective Date of the Agreement: The Agreement must be executed promptly after PHA notice of proposal selection to the owner has been given. The PHA may not enter this Agreement with the owner until a subsidy layering review has been performed and an environmental review has been satisfactorily completed in accordance with HUD requirements.
B. A project may either be a single-stage or multi-stage project. A singlestage project will have the same Agreement effective date for all contract units. A multi-stage project will separate effective dates for each stage.
Single-stage project
i.
ii. Date of Commencement of the Work: The date for
commencement of work is not later than
calendar days after the effective date of this Agreement. iii. Time for Completion of Work: The date for completion of the work is not later than calendar days
after the effective date of this Agreement.
Multi-Stage Project
Enter the information for each stage upon execution of the Agreement for the corresponding stage.
STAGE NUMBER
OF UNITS
EFFECTIVE
DATE
DATE OF
COMMENCEMENT
OF WORK
TIME FOR
COMPLETION
OF WORK
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Parti of 2
(07/2019)
Previous Editions are obsolete
480
600
Effective Date for all contract units:12/31/2025
B. If the owner makes any changes in the work without prior PHA approval, the PHA may establish lower initial rents to owner at the amounts determined by PHA in accordance with HUD requirements.
C. The PHA (or HUD in the case of insured or coinsured mortgages) may inspect the work during rehabilitation or construction to ensure that work is proceeding on schedule, is being accomplished in accordance with the terms of the Agreement, meets the level of material described in Exhibit B and meets typical levels of workmanship for the area.
1.8 Work completion
A. Conformance with Exhibit B: The work must be completed in accordance with Exhibit B. The owner is solely responsible for completion of the work.
B. Evidence of Completion: When the work in completed, the owner must provide the PHA with the following:
1. A certification by the owner that the work has been completed in accordance with the HQS and all requirements of this Agreement.
2. A certification by the owner that the owner has complied with labor standards and equal opportunity requirements in the development of the housing. (See 24 CFR 983.155(b)(1)(ii).)
3. Additional Evidence of Completion: At the discretion of the PHA, or as required by HUD, this Agreement may specify additional documentation that must be submitted by owner as evidence of completion of the housing. Check the following that apply:
A certificate of occupancy or other evidence that the
contract units comply with local requirements.
An architect’s or developer’s certification that the housing complies with:
the HQS;
State, local, or other building codes;
Zoning;
The rehabilitation work write-up for rehabilitated
housing;
Agreement to Enter into a PBV HAP Contract
HUD 52531A, Parti of 2
(07/2019)
Previous Editions are obsolete
EXECUTION OF THE AGREEMENT
PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
City of Crescent City Housing Authority
By: Megan Miller, Executive Director
Signature of authorized representative
Name and official title (Print)
Date
Agreement to Enter into a PBV HAP Contract
HUD52531A, Parti of 2
(07/2019)
Previous Editions are obsolete
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
Crescent City H Street LP
By: Chris Dart, President
Signature of authorized
representative
CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
BRIDGET LACEY, GRANTS AND ECONOMIC DEVELOPMENT
COORDINATOR
DATE: APRIL 15, 2024
SUBJECT: DANCO LOW-INCOME SENIOR HOUSING DEVELOPMENT (HARBOR POINT) LOCATED AT 655 H STREET
______________________________________________________________________
RECOMMENDATION
• Receive staff report
• Technical questions from Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign the Estoppel Certificate, Amendment and Assignment and Assumption Agreement (Disposition and Development Agreement regarding 655 H Street)
• Approve and authorize the City Manager to sign the grant deed and financing documents for the transfer of 655 H Street to Crescent City H Street LP • Approve and authorize the City Manager to sign financing documents for the $4.75 million CPLHA loan in substantially the same form as those presented and as approved by the City Attorney
BACKGROUND
In 2011, the Redevelopment Agency of the City of Crescent City (the “RDA”) acquired the property known as the El Patio Motel located at 655 H Street (APN 118-170-002-000) (the “Property”), with the intent of redeveloping the Property with an affordable housing project. Pursuant to AB 1X 26, the subsequently adopted AB 1484 (collectively, the “Dissolution Act”), and the decision of the California Supreme Court in California Redevelopment Association et al., v. Ana Matosantos, et al., all redevelopment agencies throughout the State were deemed dissolved on February 1, 2012. However, pursuant to the authority provided in Health and Safety Code Section 34176, as enacted by AB 1X 26, the City Council adopted Resolution No. 2012-04 electing to retain all the housing assets, and functions previously performed by the Redevelopment Agency and
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APRIL 15, 2024
2 transferring all rights, powers, duties and obligations of the Redevelopment Agency to the City. Thereafter, the Property was transferred to the City as a housing asset to be used for development of an affordable housing project.
In 2015, the City entered into a disposition and development agreement (DDA) with Danco Communities (“Danco”) for the construction of a 27-unit low-income senior housing project (the “Project”) at the Property. The DDA set forth the terms of the transaction and obligations of the developer, however, the developer is only obligated to construct the project if it gets sufficient financing. In 2017, the Crescent City Housing Authority approved the commitment of 26 project-based vouchers (PBV) to the Project. Danco applied for tax credit financing for several years, but was not selected and therefore, the Project stalled.
In the fall of 2022, the City and Danco applied for (and were awarded) a $5 million Competitive Permanent Local Housing Allocation (CPLHA) grant funded by SB 2 for the project. In the summer of 2023, following a public request for proposals, the Crescent City Housing Authority renewed the commitment of 26 project-based vouchers for the Danco project. Around that same time, the City and Danco entered into a new Disposition and Development Agreement as the previous DDA had expired. In the fall of 2023, Danco applied for and received approval for tax credit financing. At this point, the project was deemed viable.
Under the DDA, the City will receive $910,000 due and payable in 55 years, earning simple interest at the rate of 3% per year. Annual payments will be made from 50% of the residual receipts share pro rata with other residual receipts lenders. In addition, the property will be restricted for use as affordable rental housing for 55 years by the recording of a housing covenant.
ITEM ANALYSIS
The property is currently in escrow and Danco plans to close the deal in mid-April. In order to close, the City needs to execute an Estoppel Certificate, Amendment and Assignment and Assumption Agreement to update and assign the Disposition and Development Agreement to the newly created Limited Partnership. The City also needs to finalize and execute the financing documents for the $910,000 carryback loan loan. The carryback loan which represents $160,000 in purchase price and $750,000 in developer fees will be paid back to the City over 55 years from 50% of the residual receipts from the project pro rata with other residual receipts lenders. The balance owing will earn simple interest at the rate of 3% per year.
The City has been awarded $5 million in CPLHA funds for this project with $250,000 going to the City for administration and $4.75 million going to the developer for use in construction. The $4.75 million will go to the developer as a loan from the City. Annual payments will be made from 50% of residual receipts, pro rata with other residual receipts lenders (City – see above). The outstanding balance will earn simple interest at the rate of 3% per year, all due an payable in 55 years. This loan also requires a housing covenant
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APRIL 15, 2024
3 restricting the property’s use to affordable rental housing for 55 years. The financing documents for the loan have been submitted to HCD approval, but the City has yet to hear back. Staff do not expect any major changes and therefore are requesting Council approval in substantially the same form a presented. The City Attorney will review and approve any changes prior to execution.
A summary of the documents that the City Council is requested to approve follows.
Estoppel Certificate, Amendment and Assignment and Assumption Agreement • City certifies and represents that Danco is not in default under any terms of the Disposition and Development Agreement.
• City consents to the assignment and assumption of the DDA to/by Crescent City H Street LP, a limited partnership consisting of Crescent City H Street LLC (Danco Communities) as the administrative general partner and Community Revitalization and Development Corporation, a nonprofit public benefit corporation as the managing general partner.
• City acknowledges and approves the admission of RSEP Holding, LLC (tax credit investor) and Red Stone Equity Manager, LLC (special limited partner) to the limited partnership.
• Approves the CPLHA terms of $4.75 million at simple interest rate of 3% per year, all due and payable in 55 years, with annual payments made from 50% residual receipts shared pro rata with other residual receipts lenders.
Financing Documents for Sale of Property to Crescent City H Street LP • Deed of Trust, Fixture Filing, and Assignment of Rents o The deed of trust will be granted by Crescent City H Street LP in favor of the City. The deed of trust serves as security for the $910,000 City carryback loan ($160,000 purchase price and $750,000 development fees) by creating an interest in the real property, and all improvements, fixtures and rents as collateral.
• Affordable Housing Covenant / Notice of Affordability Restrictions on Transfer o As a condition of both (1) the purchase of the property (former RDA housing asset) and (2) receipt of CPLHA loan, Crescent City H Street LP covenants to lease the 26 affordable units to low-income households at affordable rents for a period of 55 years. This obligation is recorded in the real property records of Del Norte County.
• Grant Deed
o Transfers ownership of real property to Crescent City H Street LP • Subordination and Intercreditor Agreement
o City agrees that Citibank will have a priority lien ahead of the City.
Financing Documents for $4.75 million CPLHA Loan
• Promissory Note
o The promissory note details the payment terms of the loan. The principal amount outstanding will earn interest of at the rate of 3% per year (simple).
Annual payments are only required if there are residual receipts (defined
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APRIL 15, 2024
4 term to identify positive cash flow). If there are residual receipts, then the City is entitled to 50% of those residual receipts to be shared pro rata with other residual receipts lenders. All outstanding principal and interest is due and payable in 55 years.
• Deed of Trust
o The deed of trust will be granted by Crescent City H Street LP in favor of the City. The deed of trust serves as security for the $4.75 million CPLHA loan by creating an interest in the real property, and all improvements, fixtures and rents as collateral.
FISCAL ANALYSIS
The City’s carryback loan for the transfer and development of the property is in the amount of $910,000 due and payable in 55 years and earning simple interest at the rate of 3% per year. Annual payments will be made from residual receipts if available. Thus, income is unpredictable, but the City will not be out any funds. The $160,000 and interest thereon will be deposited back into the housing asset fund. The developer fee will go into the general fund.
The CPLHA award was for a total amount of $5 million. The City will retain $250,000 for administration fees and loan the remaining $4.75 million to Crescent City H Street LP for use in constructing the project. The CPLHA loan will be disbursed to the City upon loan closing and therefore, will not create any cash flow issues. In addition, because the CPLHA is a grant to the City, which then loans the money to the developer, it will not affect the City’s ability to borrow funds because it will not be a liability on the City’s books.
STRATEGIC PLAN ASSESSMENT
This action is consistent with the following Strategic Plan Goals and Policies:
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors • Goal 1(A): Enhance collaboration with other agencies and the community to better aid the public
• Goal 1(E): Target economic development improvements that provide additional benefit by enhancing the quality of life for residents
• Goal 2(D): Collaborate with other jurisdictions and nonprofits to maximize regional effectiveness and amplify funding opportunities
• Goal 2(E): Create an environment that is conducive to attracting and retaining strong, sustainable businesses that reflect community needs and culture • Goal 2(F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs
ATTACHMENTS
• Estoppel Certificate, Amendment and Assignment and Assumption Agreement
DANCO DEVELOPMENT
APRIL 15, 2024
5 • Financing Documents for Sale and Transfer of 655 H Street o Deed of Trust
o Affordable Housing Covenant
o Notice of Affordability Restrictions
o Grant deed
o Subordination and Intercreditor Agreement (Citibank)
• CPLHA Loan Documents
o Promissory Note
o Deed of Trust
Harbor Point – DDA Estoppel/Amendment
ESTOPPEL CERTIFICATE, AMENDMENT AND ASSIGNMENT AND ASSUMPTION
AGREEMENT
(Disposition and Development Agreement)
This ESTOPPEL CERTIFICATE, AMENDMENT AND ASSIGNMENT AND ASSUMPTION AGREEMENT (the “Certificate”) is made as of April ____, 2024 (the “Date of Estoppel”), by and between City of Crescent City, a municipal corporation of the State of California (the “City”), Danco Communities, a California corporation (the “Assignor”) and Crescent City H Street LP, a California limited partnership (the “Assignee” and “Partnership”).
Background Information
A. The City and the Assignor entered into that certain Disposition and Development Agreement dated July 31, 2023 (the “DDA”) providing for, among other things, the development of a site generally referred to as 655 H Street in the City of Crescent City, State of California (the “Property”) with the construction of a multifamily affordable rental housing project containing a total of twenty-seven (27) dwelling units (the “Project”).
B. The City, the Assignor and the Partnership wish to (i) provide certain representations as to the status of the DDA and the Project, (ii) assign all of Assignor’s right, title and interest in and to the DDA to the Partnership, and (iii) amend certain terms and provisions of the DDA as they relate to the Project, all as of the Date of the Certificate. All capitalized terms not expressly defined herein shall have the meaning ascribed to them in the DDA.
Provisions
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows:
1. Estoppel. The City hereby certifies, warrants and represents to the Assignor and the Partnership as follows, all as of the date of the Certificate:
(i) As of the Date of Estoppel, the Assignor is not in default under any of the terms or provisions of the DDA, and the Project and the Assignor are in compliance with the provisions of the DDA.
(ii) As of the Date of Estoppel, the City is not in default under any of the terms or provisions of the DDA, nor has any circumstance, event or fact occurred that, with the giving of notice or passage of time or both, would constitute a default by the City under the DDA. As of the Date of Estoppel, the DDA is in full force and effect. (iii) City hereby represents that none of the proceeds of the Development Fee Loan consist of any obligation the interest on which is exempt from tax under Section 103 of the Internal Revenue Code.
2. Assignment and Assumption.
Harbor Point – DDA Estoppel/Amendment
(i) Assignor hereby assigns and delegates to Assignee and Assignee hereby accepts and assumes from Assignor, all of Assignor's rights, titles, interests and obligations, if any, under the DDA and all attachments thereto. Assignee hereby agrees to perform all of the obligations of Assignor under the DDA and attachments thereto. (ii) Assignor hereby represents and warrants that except as otherwise disclosed herein, it has not previously assigned, pledged, hypothecated or otherwise transferred any of its rights under the DDA.
(iii) Assignee agrees to indemnify, protect, hold harmless and defend Assignor, and its respective partners, from all suits, actions, claims, causes of action, costs, demands, judgments and liens arising out of the Assignee's failure to perform any obligation under the DDA which are assumed by Assignee under subsection (i) above, except as such failure may have been caused by Assignor's willful misconduct or negligence. (iv) City hereby consents to the foregoing assignment and assumption of the DDA. City hereby releases and discharges Assignor from all of its obligations, if any, under the DDA. The City agrees that in no event shall Assignor have any liability for any acts or omissions of Assignee or its agents with respect to the DDA or for any defaults by Assignee under the DDA as assigned to and assumed by Assignee hereunder.
3. Amendments.
(i) City hereby acknowledges and approves the admission of RSEP Holding, LLC, a Delaware limited liability company (the “Tax Credit Investor”) and Red Stone Equity Manager, LLC, a Delaware limited liability company (the “Special Limited Partner”) to the Partnership pursuant to the terms of that certain Amended and Restated Agreement of Limited Partnership dated as of April 1, 2024 (the “Partnership Agreement”).
Any reference to “tax credit investor” used in the DDA shall be deemed to refer to the Tax Credit Investor, its successors and assigns.
(ii) Pursuant to Section 105 of the DDA, the City hereby agrees that the Tax Credit Investor shall have the right to cure any default under the DDA on the same terms and conditions as the Developer.
(iii) Pursuant to Section 105(b) of the DDA, the City hereby confirms that it has reviewed and approved the terms of the Partnership Agreement. (iv) Pursuant to Section 301 of the DDA, the City hereby approves a loan in the principal amount of $4,750,000 from State CPLHA Funds granted to the City for the Housing Project at simple interest rate of 3% per year, all due and payable in 55 years, with annual payments to be made from 50% of residual receipts shared pro rata with all other agency lenders receiving payments from residual receipts. (v) Pursuant to Section 701 of the DDA, tax credit investor hereby provides its address to the City for purposes of receipt of copies of all notices that are delivered to the Developer:
Harbor Point – DDA Estoppel/Amendment
c/o Red Stone Equity Partners, LLC
90 Park Avenue, 28th Floor
New York, NY 10016
Attention: General Counsel
(vi) With reference to Attachment No. 3 to the DDA, the City hereby represents that Schedule of Performance, items 1 – 14, 18, 19 have been timely completed; items 15 – 17 will be completed as of the Close of Escrow. The date for Completion of Construction of Affordable Units is hereby amended and restated to provide, “Within 24 months after commencement thereof by the Developer.”
4. Miscellaneous.
(i) This Certificate is for the benefit of the Partnership and its partners, lenders and their respective successors and assigns, and the City and its respective successors and assigns are bound by all matters contained herein. Each of the Tax Credit Investor, its successors and assigns and the Special Limited Partner may rely on this Certificate, are expressly made third party beneficiaries to this Certificate and may enforce the obligations of the City hereunder.
(ii) In addition to any other remedies provided hereunder or available pursuant to law, if the Partnership or the City brings an action or proceeding to enforce, protect or establish any right or remedy hereunder, the prevailing party shall be entitled to recover from the other party its costs of suit, including without limitation expert witness fees, and reasonable attorneys’ fees. The foregoing shall apply to any dispute between the Partnership and the City and shall not include any such costs or fees incurred by the Partnership’s lenders or investors.
(iii) This Certificate may be executed in counterparts, each of which when taken together shall constitute one and the same instrument.
[Signatures appear on following page.]
Harbor Point – DDA Estoppel/Amendment
IN WITNESS WHEREOF, the City, the Assignor and the Partnership have caused this Certificate to be executed as of the Date of Estoppel.
CITY:
CITY OF CRESCENT CITY,
a municipal corporation of the State of California,
acting in its capacity as the successor housing entity
to the Redevelopment Agency of the City of
Crescent City
By:
Eric Wier,
City Manager
ATTEST:
__________________________________
Robin Altman, City Clerk
APPROVED AS TO FORM:
__________________________________
Martha D. Rice, City Attorney
(signatures continue on following page)
Harbor Point – DDA Estoppel/Amendment
ASSIGNOR:
DANCO COMMUNITIES,
a California corporation
By: __________________________
Daniel Johnson, President
PARTNERSHIP:
CRESCENT CITY H STREET LP, a California
limited partnership
By: Crescent City H Street LLC,
a California limited liability company,
its administrative general partner
By: Danco Communities,
a California corporation,
its Manager
By: ________________________
Daniel J. Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its managing general
partner
By: ______________________________
David Rutledge
President
RECORDING REQUESTED BY
First American Title Insurance Company
AND WHEN RECORDED MAIL TO:
City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Manager
_______________________________________________________________________ (Space Above This Line For Recorder's Use)
DEED OF TRUST,
FIXTURE FILING, AND ASSIGNMENT OF RENTS
THIS DEED OF TRUST, FIXTURE FILING, AND ASSIGNMENT OF RENTS (“Deed of Trust”) is made on this 1st day of April, 2024 by CRESCENT CITY H STREET LP, a California limited partnership, as trustor (“Borrower”) FIRST AMERICAN TITLE INSURANCE COMPANY (“Trustee”), for the benefit of CITY OF CRESCENT CITY, a California municipal corporation (“Lender”).
The Borrower, in consideration of the indebtedness recited and the trust created in this Deed of Trust, irrevocably grants and conveys to Trustee, in trust, with power of sale all of its right title and interest in and to that certain real property located in the City of Crescent City, County of Del Norte, State of California, legally described in “Exhibit A” attached hereto and made a part hereof.
Together with all of the improvements now or hereafter erected on said property, and all easements, rights, appurtenances, rents (subject, however, to the rights and authorities given in this Deed of Trust to the Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to said property, all of which including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property are referred to in this Deed of Trust as the “Property”; This Deed of Trust constitutes a financing statement filed as a fixture filing under Article 9 of the California Uniform Commercial Code, as amended or recodified from time to time, covering any property which now is or later may become fixtures attached to the Property.
For this purpose, Borrower is debtor and Lender is secured party. 2 Error! Unknown document property name.
To secure for the benefit of Lender the repayment of the indebtedness evidenced by the Borrower's promissory note dated April 17, 2024 (the “Note”) in the principal sum of $910,000 and the performance of the covenants and agreements of the Borrower contained in this Deed of Trust, the Note, and that certain Affordable Housing Covenant to be entered into between Lender and Borrower and recorded in the Official Records of Del Norte County concurrently herewith.
Borrower covenants and agrees as follows:
1. PAYMENT OF PRINCIPAL AND INTEREST. Borrower shall pay when due the interest and the principal of the indebtedness evidenced by the Note from the sources and pursuant to the terms of the Note.
2. COMPLIANCE WITH SENIOR DEED OF TRUST. Borrower covenants and agrees to comply with the terms and conditions of any senior deeds of trust recorded against the Property (collectively, the “Senior Encumbrances”).
3. CHARGES AND LIENS. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust. Borrower shall promptly pay when due all installments or payments required by Lender and comply with all obligations of any deed of trust that is prior to this Deed of Trust.
4. INSURANCE PROCEEDS. Any insurance proceeds received as a result of damage to the Property from fire or other calamity shall be first expended as required by any Senior Encumbrances.
5. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects the Lender's interest in the Property, including, but not limited to, default on or foreclosure of a prior deed of trust, eminent domain, insolvency, code enforcement, or arrangement or proceedings involving a bankrupt or decedent, then the Lender at Lender's option, upon notice to the Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect the Lender's interest including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs, but shall have no right of reimbursement.
6. INSPECTION. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that the Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to the Lender's interest in the Property.
7. CONDEMNATION. Subject to the rights of the holder of a prior deed of trust, the proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be treated as if received from a sale of the Property. The proceeds shall be applied to the sums to be repaid in 3 Error! Unknown document property name.
the amount and manner described in the Senior Encumbrances and the documents evidencing the indebtedness secured thereby. Any part of the proceeds remaining after these amounts have been paid shall be paid to the Borrower. In the event of a partial taking of the Property, unless Borrower and Lender agree in writing, the proceeds shall be treated as if received from a sale of that portion of the Property which is taken in the condemnation. The percentage value of the portion taken, as compared to the full value of the entire Property, shall be determined by dividing the condemnation proceeds by the fair market value of the entire Property just prior to the taking. This percentage value, once determined, shall be used in the following manner to allocate the condemnation proceeds:
a. First, to the payment of any amount owing under the Senior Encumbrances and the documents evidencing the indebtedness secured thereby; b. Second, to payment of the Note;
c. Third, to the Borrower.
8. BORROWER NOT RELEASED. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by the Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or modification of amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
9. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by the Lender in exercising any right or remedy hereunder, otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
10. REMEDIES CUMULATIVE. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
11. SUCCESSORS AND ASSIGNS BOUND; CAPTIONS. The covenants and agreements contained in this Deed of Trust shall bind, and the rights hereunder shall, subject to Section 14 hereof, inure to the benefit of, the respective successors and assigns of Lender and Borrower. The captions and headings of the Sections of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
12. NOTICE. Except for any notice required under applicable law to be given in another manner, any notice to Borrower or Lender provided for in this Deed of Trust shall be given at the addresses provided in the Note, and may be given by certified mail or reputable overnight delivery service.
4 Error! Unknown document property name.
13. GOVERNING LAW; SEVERABILITY. This Deed of Trust shall be governed by the laws of the State of California. In the event that any provision or clause of this Deed of Trust or the Note as incorporated herein conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable.
14. TRANSFER OF THE PROPERTY. If all or any of the Property is sold or conveyed by Borrower (other than as permitted pursuant to Section 3 of the Affordable Housing Covenant), then the sums secured by this Deed of Trust shall be immediately due and payable.
In the event of such an acceleration, Lender shall send Borrower written notice of the acceleration in accordance with Section 12 hereof. Such notice shall provide a period of not less than 60 days from the date the notice is mailed within which the Borrower may pay the sums due. If the Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by Section 15 hereof.
15. OTHER ACCELERATION; REMEDIES Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust or the Note (including covenants to pay sums when due---but excluding the covenants to pay, when due, any sums secured by this Deed of Trust by acceleration upon sale or conveyance which is governed by Section 14 above and any sums payable upon the maturity date of the Note), Lender shall mail notice to Borrower as provided in Section 12 hereof specifying: (a) the breach; (b) a date by which such breach must be cured (which must be at least 30 days after the date of the notice); and (c) that failure to cure such breach on or before the date specified in the notice will result in acceleration of the sums secured by this Deed of Trust and sale of the Property. If the breach is not cured on or before the date specified in the notice, the Lender, at its option, may seek remedies under applicable law, including foreclosure. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing such remedies, including, but not limited to, reasonable attorneys’ fees.
Subject to the terms and conditions provided herein, if Lender invokes the power of sale, the Lender shall also execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause Property to be sold, and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Lender or Trustee shall mail copies of such notice in a manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Lender or Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prime facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee and attorneys' fees and costs of title evidence; 5 Error! Unknown document property name.
(b) to all sums secured by this Deed of Trust, as evidenced by the Note; and (c) the excess, if any, to the person or persons legally entitled thereto.
16. BORROWER'S RIGHT TO REINSTATE. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower shall have the right to have any proceedings begun by Lender to enforce covenants of this Deed of Trust relating to sums due and payable by Borrower discontinued at any time prior to five days before the Property is scheduled for sale pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in Section 15 hereof, including, but not limited to reasonable attorneys' fees; (c) Borrower takes such actions as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property, and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.
17. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. As additional security hereunder, subject to the rights of senior lien holders, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under Section 14 or 15 hereof (as applicable), have the right to collect such rents as they become due. Upon acceleration under Section 14 or 15 hereof (as applicable) or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of, rent and manage the Property and to collect the rents of the Property. All rents collected by the Lender or by a judicially appointed receiver shall be applied first to payment of the cost of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account for those rents actually received and expenditures actually incurred.
18. RECONVEYANCE. Upon payment of all sums evidenced by the Note and secured by this Deed of Trust, Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any.
19. SUBSTITUTE TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to act as Trustee under this Deed of Trust.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee in this Deed of Trust and by applicable law.
20. REQUEST FOR NOTICES. Borrower requests that copies of the notice of default and notice of sale be sent to the Borrower's address and to Borrower’s investor limited partners at the address set forth in Section 16 of the Note. 6 Error! Unknown document property name.
21. STATEMENT OF OBLIGATION. The Lender may collect a fee not to exceed $15.00 for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of the State of California.
22. SUBORDINATION ACKNOWLEDGMENT. Beneficiary hereby acknowledges that the loan secured by this Deed of Trust is also subordinate to the extended use agreement required to be executed by Borrower pursuant to Section 42(h)(6)(B) of the Internal Revenue Code, for purposes of the low-income housing tax credits to be allocated to Borrower. In addition, Beneficiary hereby acknowledges that the loan secured by this Deed of Trust is further subordinate to Section 42(h)(6)(e)(ii) of the Internal Revenue Code, which prohibits the eviction or termination of a tenancy, other than for good cause, of an existing tenant of any low-income housing tax credit unit or any increase in the gross rent with respect to such unit, not otherwise permitted under Section 42, for a period of three (3) years after the date the Property is acquired by Lender through foreclosure or instrument in lieu of foreclosure.
23. FINANCING STATEMENT. This Deed of Trust shall constitute a financing statement pursuant to California UCC §9-502, and shall be filed as a fixture filing in the Official Records of the County in which the Property is located and covers goods which are or are to become fixtures on the Property.
.
S-1
Moorpark – Subordinate Deed of Trust
IN WITNESS THEREOF, Borrower has executed this Deed of Trust on the day and year first above written.
BORROWER:
CRESCENT CITY H STREET LP,
a California limited partnership
By: Crescent City H Street LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
Its Manager
By:
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General Partner
By:
David Rutledge
President
Notary Page
Moorpark – Subordinate Deed of Trust
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.
STATE OF CALIFORNIA )
) SS.
COUNTY OF _________________ )
On , before me, , a Notary
Public in and for said State, personally appeared, ,
who proved to me 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(ies) 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 of Notary Public
[SEAL]
A-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Crescent City, County of Del Norte, State of California, described as follows:
PARCEL ONE
BEGINNING AT THE MOST NORTHERLY CORNER OF BLOCK 75 OF THE CITY OF
CRESCENT CITY, ACCORDING TO THE OFFICIAL SURVEYS AND MONUMENTS OF SAID CITY; AND RUNNING
THENCE WESTERLY ALONG SEVENTH STREET, 95 FEET;
THENCE AT A RIGHT ANGLE SOUTHERLY, 72 FEET;
THENCE AT A RIGHT ANGLE EASTERLY, 95 FEET TO "I" STREET; AND THENCE NORTHERLY ALONG "I" STREET, 72 FEET TO THE POINT OF BEGINNING.
PARCEL TWO
BEGINNING AT A POINT ON THE EASTERLY LINE OF H STREET, 72 FEET SOUTHERLY FROM THE MOST WESTERLY CORNER OF BLOCK 75 OF THE CITY OF CRESCENT CITY, ACCORDING TO THE OFFICIALSURVEYS AND MONUMENTS;
AND RUNNING
THENCE SOUTHERLY ALONG SAID LINE OF "H" STREET, 90 FEET; THENCE AT A RIGHT ANGLE EASTERLY, 240 FEET TO THE WESTERLY LINE OF "I" STREET;
THENCE NORTHERLY ALONG SAID LINE OF "I" STREET, 90 FEET; AND THENCE AT A RIGHT ANGLE WESTERLY, 240 FEET TO THE POINT OF BEGINNING.
APN: 118-170-002-000
2 Crescent City – Subordinate Deed of Trust -City Carryback
ADDENDUM TO DEED OF TRUST
This Addendum to Deed of Trust is part of the Deed of Trust dated April 1, 2024 to which it is attached between CRESCENT CITY H STREET LP, a California limited partnership, as Trustor, and the CITY OF CRESCENT CITY, a municipal corporation, as Beneficiary. The Deed of Trust, together with this Addendum to Deed of Trust, are executed and delivered pursuant to and in furtherance of that certain Disposition and Development Agreement, dated July 30, 2023, between Trustor (as the Developer) and Beneficiary (as the City) (the "DDA"), which provides in part for Beneficiary to convey certain real property (the "Site") to Trustor, for development of a lowincome senior housing project (the "Housing Project"), all as more fully set forth in the DDA. All capitalized terms not defined herein shall have the meaning set forth in the DDA.
Pursuant to the DDA, Trustor executed and delivered to Beneficiary a promissory note (the "Note"), in the principal amount of NINE HUNDRED TEN THOUSAND DOLLARS ($910,000.00) evidencing the Purchase Price paid by Trustor for the Site and a development loan from Beneficiary to Maker. The following provisions are made a part of the Deed of Trust:
1. No Discrimination. The Trustor covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (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 Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property.
2. Nondiscrimination Clauses. All deeds, leases or contracts made relative to the Property, the improvements thereon or any part thereof, shall contain or be subject to the nondiscrimination clauses set forth in California Health and Safety Code Section 33436.
3. Subordination. Beneficiary agrees that the terms and conditions of the Note and this Deed of Trust shall be subject to and subordinate to the terms and conditions of financing obtained by Trustor through a lender approved by Beneficiary for the development of the Housing Project pursuant to a subordination agreement executed by the Beneficiary and such lender; provided the total aggregate amount of financing secured by Trustor, whether secured through the Tax Credit Financing or other alternative financing sources, for the construction of the Housing Project, together with the Note shall not exceed the appraised value of the Housing Project, unless otherwise approved by the City; and provided, further, that if such Tax Credit Financing or alternative financing is not provided pursuant to an adopted federal or state program, such lender shall agree to include in its deed of trust and/or subordination agreement the following conditions or such other conditions as may be acceptable to Beneficiary in its sole and absolute discretion:
3 Crescent City – Subordinate Deed of Trust -City Carryback (i) Beneficiary shall receive any notices of default issued by such lender to Trustor; (ii) Beneficiary shall have the right to cure any default by Trustor within forty-five (45) days after a notice of default; (iii) Beneficiary shall have the right to foreclose under its Deed of Trust without the lender accelerating its debt, provided Beneficiary has cured or is attempting to cure any defaults under such lender's deed of trust; and (iv) Beneficiary shall have the right to transfer the Project to a nonprofit corporation who shall own and operate the Housing Project as an affordable rental housing project with the consent of such lender, which consent shall not be unreasonably withheld.
4. Default. Notwithstanding any other provisions in this Deed of Trust, the occurrence of any of the following shall constitute an event of default under the Note and this Deed of Trust, and a default may be declared under this Deed of Trust solely upon the occurrence of any of the following: (i) Any failure by Trustor to pay any amount due under the Note within fifteen (15) days of its due date; or (ii) Any default by Trustor under the terms of the DDA after expiration of applicable notice and cure periods; or (iii) Any sale or transfer of the Property or any portion thereof in violation of the provisions of the DDA and, to the extent applicable, the Affordable Housing Covenant ("Affordable Housing Covenant") to be recorded against the Property subject to all applicable notice and cure periods; or (iv) Any other default by Trustor under the terms of the Affordable Housing Covenant provisions.
The Tax Credit Investor shall have the right but not the obligation to cure any event of default hereunder within the cure periods provided and such cure shall be treated by Holder as if made by the Maker hereunder.
5. Hazardous Substances.
(a) As used in this Section 5, the following terms shall have the following meanings:
(i) "Environmental Laws" means all statutes, ordinances, orders, rules, regulations, plans, policies or decrees and the like now or hereafter in effect relating to (A) Hazardous Substance Activity or Hazardous Substances; (B) the generation, use, storage, transportation or disposal of Hazardous Substances, or solid waste; or (C) occupational safety and health, industrial hygiene, land use or the protection of human, plant or animal health, safety or welfare, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) ("CERCLA"); the Hazardous Material Transportation Act (49 U.S.C. Section 180 et seq.); the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Clean Air Act (42 U.S.C. Section 740 et seq.); the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.); the Occupational Safety and health Act (29 U.S.C. Section 651 et seq.); the Safe Drinking Water Act (42 U.S.C.
Section 300f et seq.); the Porter-Cologne Water Quality Control Act (California Water Code Section 13020 et seq.); the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health & Safety Code Section 25249.5 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.); the Hazardous Waste Control Act (California Health & Safety Code Section 25100 et seq.); The California Environmental Quality Act (California Public Resources Code Section 2100 et seq.); and the rules, regulations and ordinances of the City 4 Crescent City – Subordinate Deed of Trust -City Carryback or County of San Francisco or any applicable federal, state and local agencies or bureaus, as amended from time to time.
(ii) "Foreclosure Transfer" means the transfer of title to all or any part of the Property or the Trust Estate at a foreclosure sale under the Deed of Trust, either pursuant to judicial decree or the power of sale contained in the Deed of Trust, or by deed in lieu of such foreclosure.
(iii) "Hazardous Substances" means (A) any chemical, compound, material, mixture or substance that is now or hereafter defined or listed in, or otherwise classified pursuant to, any Environmental Laws as a "hazardous substance," "hazardous material," "hazardous waste," "extremely hazardous waste," "acutely hazardous waste," "radioactive waste," "infectious waste," "biohazardous waste," "toxic substance," "pollutant," "toxic pollutant," "contaminant" as well as any other formulation not mentioned herein intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, "EP toxicity" or "TCLP toxicity"; (B) petroleum, natural gas, natural gas liquids, liquified natural gas, synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and ash produced by a resource recovery facility utilizing a municipal solid waste stream, and drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources; (C) "hazardous substance" as defined in Section 2782.6(d) of the California Civil Code; (D) "waste" as defined in Section 13050(d) of the California Water Code; (E) asbestos in any form; (F) urea formaldehyde foam insulation; (G) polychlorinated biphenyls (PCBs); (H) radon; and (I) any other chemical, material, or substance that, because of its quantity, concentration, or physical or chemical characteristics, exposure to which is limited or regulated for health and safety reasons by any governmental authority, or which poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.
Notwithstanding the foregoing, “Hazardous Substances” shall not include any chemical, compound, material, mixture or substance used in the normal course of constructing or operating an apartment complex, so long as such chemical, compound, material, mixture or substance is used in accordance with environmental laws
(iv) "Hazardous Substance Activity" means any actual, proposed, or threatened use, storage, holding, existence, location, release (including, without limitation, any spilling, leaking, leaching, pumping, pouring, emitting, emptying, dumping, disposing into the environment, and the continuing migration into or through soil, surface water, groundwater or any body of water or the air), discharge, deposit, placement, generation, processing, construction, treatment, abatement, removal, disposal, disposition, handling, or transportation of any Hazardous Substance from, under, in, into, or on the Property, including without limitation, the movement or migration of any Hazardous Substances from surrounding property, surface water, groundwater or any body of water, or the air under, in, into or onto the Property and any residual Hazardous Substances contamination in, on, or under the Property. (v) "Losses" means all charges, losses, liabilities, damages (whether actual, consequential, punitive, or otherwise denominated), costs, fees, demands, claims for personal injury or real or personal property damage), actions, administrative proceedings (including informal proceedings), judgments, causes of action, assessments, fines, penalties, costs, 5 Crescent City – Subordinate Deed of Trust -City Carryback and expenses of any kind or character, foreseeable and unforeseeable, liquidated and contingent, proximate and remote, including, without limitation, the following: (A) the reasonable fees and expenses of outside legal counsel; (B) the reasonable fees and expenses of accountants, third-party consultants, and other independent contractors retained by an Beneficiary; (C) costs, including capital, operating and maintenance costs, incurred in connection with any investigation or monitoring of site conditions or any clean-up, remedial, removal or restoration work required or performed by any federal, state or local governmental agency or political subdivision or performed by any non-governmental entity or person that is required by Environmental Laws or administrative ruling or directive because of the presence, suspected presence, release or suspected release of Hazardous Substances in violation of Environmental Laws in the air, soil, surface water or groundwater at the Property; (D) any and all diminution in value of the Property, loss of use or damage to the Property, or loss of profits or loss of business opportunity; and (E) reasonable costs and expenses of enforcing this Section 6.09.
(vi) "Environmental Losses" means Losses rising out of or as a result of:
(A) the occurrence of any Hazardous Substance Activity; (B) any violation of any applicable Environmental laws relating to the Property or to the ownership, use, occupancy or operation thereof; (C) any investigation, inquiry, order, hearing, action, or other proceeding by or before any governmental agency in connection with any Hazardous Substance Activity; or (D) any claim, demand or cause of action, or any action or other proceeding, whether meritorious or not, brought or asserted against any Indemnitee which directly or indirectly relates to, arises from or is based on any of the matters described in clauses (A), (B), or (C), or any allegation of any such matters. (b) Trustor represents and warrants to Beneficiary that Trustor has conducted as appropriate inquiry and investigation, and, to the best of Trustor's knowledge, based on such inquiry and investigation, no portion of the Property is being used or has ever been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Substances, nor have any Hazardous Substances migrated onto or from the Property. Neither the Property nor Trustor is in violation of or subject to any existing, pending or threatened investigation by any governmental authority under any Environmental Law. Trustor's intended use of the Property will not result in the disposal or release of any Hazardous Substances on, under, about or to the Property or the migration of any Hazardous Substances from the Property. The foregoing representations and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations and warranties shall survive such release.
(c) Trustor represents and warrants to Beneficiary that Trustor has complied with all recommendations by any engineers retained by Trustor and all requirements of any applicable department of environmental resources, environmental protection agency or similar governmental agency, and there are no recommendations by said engineers or requirements ordered by said agency or any other governmental body for environmental investigation or cleanup with respect to the Property.
(d) On and after the date hereof, Trustor shall not: (a) allow any Hazardous Substances to be installed, used, introduced, stored, treated, disposed of, generated, manufactured, discharged, dumped, transported or brought in, upon or over the Property in violation of applicable 6 Crescent City – Subordinate Deed of Trust -City Carryback law; (b) allow any soil or ground water contamination or pollution with any Hazardous Substances on the Property in violation of applicable law; (c) allow any Hazardous Substances to migrate from the Property in violation of applicable law; (d) allow any Hazardous Substances to migrate onto the Property from any adjacent properties in violation of applicable law; or (e) allow or cause the Property to be in violation of, or to trigger a duly initiated and prosecuted investigation of the Property by any governmental authority under applicable limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules or timetables contained in any local, state and/or federal laws, regulations, codes, ordinances, plans, administrative or judicial orders, decrees, judgments, notices or demand letters issued, entered, promulgated or approved thereunder relating to the environment, land use, water and air quality and Hazardous Substances ("Environmental Requirements").
(e) If the presence of any Hazardous Substances on the Property caused or permitted by Trustor results in any contamination of the Property, Trustor shall promptly take all actions, at its sole expense, as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Substances to the Property; provided that Beneficiary's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Property.
(f) At any time after the occurrence and during the continuance of any default under this Section 5, Beneficiary shall have the following rights and remedies, in addition to any other rights and remedies Beneficiary has under this Deed of Trust:
(i) As provided in California Code of Civil Procedure Section 564, Beneficiary or its employees, acting by themselves or through a court appointed receiver may do any of the following: (i) enter upon, possess, manage, operate, dispose of, and contract to dispose of the Property or any part thereof; (ii) take custody of all accounts; (iii) negotiate with governmental authorities with respect to the Property's environmental compliance and remedial measures; (iv) take any action necessary to enforce compliance with environmental provisions, including spending Rent Payments to abate any environmental problem; (v) make, terminate, enforce or modify leases of part or all of the Property; (vi) contract for goods and services, hire agents, employees, and counsel, make repairs, alterations, and improvements to the Property necessary in Beneficiary's judgment to protect or enhance the security hereof; and/or (vii) take any and all other actions which may be necessary or desirable to comply with Trustor's obligations hereunder and under the Loan Documents. All sums realized by the receiver or Beneficiary under this subparagraph, less all costs and expenses incurred by either of them under this subparagraph, including attorneys' fees, and less such sums as Beneficiary or the receiver deems appropriate as a reserve to meet future expenses under this subparagraph, shall be applied on any indebtedness secured hereby in such order as Beneficiary shall determine. Neither application of said sums to said indebtedness, nor any other action taken by Beneficiary or the receiver under this subparagraph shall cure or waive any default or notice of default hereunder, or nullify the effect of any such notice of default. Beneficiary, or any employee or agent of Beneficiary, or a receiver appointed by a court, may take any action or proceeding hereunder without regard to the adequacy of the security for the indebtedness secured hereunder, the existence of a declaration that the indebtedness secured hereby has been declared immediately due and payable, or the filing of a notice of default.
7 Crescent City – Subordinate Deed of Trust -City Carryback (ii) With or without notice, and without releasing Trustor from any obligation hereunder, to cure any default of Trustor or in connection with any such default, Beneficiary or its agents, acting by themselves or through a court-appointed receiver, may enter upon the Property or any part thereof and perform such acts and things as Beneficiary deems necessary or desirable to inspect, investigate, assess, and protect the security hereof, including of any of Beneficiary's other rights: (i) to obtain a court order to enforce Beneficiary's right to enter and inspect the Property under California Civil Code Section 2929.5 (in respect of which the decision of Beneficiary as to whether there exists a release or threatened release of hazardous substance, as defined therein, onto the Property shall be deemed reasonable and conclusive as between the parties hereto); and (ii) to have a receiver appointed under California Code of Civil Procedure Section 564 to enforce Beneficiary's right to enter and inspect the Property for hazardous substances as defined therein. All costs and expenses incurred by Beneficiary with respect to the audits, tests, inspections, and examinations which Beneficiary or its agents or employees may conduct, including the fees of engineers, laboratories, contractors, consultants, and attorneys, shall be paid by Trustor. All costs and expenses incurred by Trustee and Beneficiary pursuant to this subparagraph (including court costs, consultant fees and attorney fees, whether incurred in litigation or not and whether before or after judgment) shall bear interest at the Note Rate, from the date they are incurred until said sums have been paid. (iii) Beneficiary may seek a judgment that Trustor has breached its covenants, representations and/or warranties with respect to the environmental matters set forth above in this Section 5, by commencing and maintaining an action or actions in any court of competent jurisdiction for breach of contract pursuant to California Code of Civil Procedure Section 736, whether commenced prior to foreclosure of the Property or after foreclosure of the Property, and to seek the recovery of any and all costs, damages, expenses, fees, penalties, fines, judgments, indemnification payments to third parties, and other out-of-pocket costs or expenses actually incurred by Beneficiary or advanced by Beneficiary (collectively, the "Environmental Costs") relating to the cleanup, remediation or other response action required by applicable law or which Beneficiary believes necessary to protect the Property, it being conclusively presumed between Beneficiary and Trustor that all such Environmental Costs incurred or advanced by Beneficiary relating to the cleanup, remediation, or other response action respecting the Property were made by Beneficiary in good faith. All Environmental Costs incurred by Beneficiary under this subparagraph (including court costs, consultant fees and attorney fees, whether incurred in litigation or not and whether before or after judgment) shall bear interest at the Note Rate, from the date of expenditure until said sums have been paid. Beneficiary shall be entitled to bid, at any sale of the Property held hereunder, the amount of said costs, expenses and interest in addition to the amount of the other obligations hereby secured as a credit bid, the equivalent of cash. (iv) As provided in California Code of Civil Procedure Section 726.5, Beneficiary may waive its lien against the Property or any portion thereof, to the extent such property is found to be environmentally impaired as defined therein, and to exercise any and all rights and remedies of an unsecured creditor against Trustor and all of Trustor's assets and property for the recovery of any deficiency and Environmental Costs, including seeking an attachment order under California Code of Civil Procedure Section 483.010. Beneficiary and Trustor each represents and warrants for itself that it has no actual knowledge of any release of any Hazardous Substance (as defined in Section 726.5) on, to or under the Property. As between Beneficiary and Trustor, for purposes of California Code of Civil Procedure Section 726.5, Trustor shall have the 8 Crescent City – Subordinate Deed of Trust -City Carryback burden of proving that Trustor or any related party (or any affiliate or agent of Trustor or any related party) did not cause or contribute to, and was not in any way negligent in permitting, any release or threatened release of the Hazardous Substance. (v) Trustor acknowledges and agrees that notwithstanding any term or provision contained herein or in the Loan Documents, the Environmental Costs and all judgments and awards entered against Trustor pursuant to Section 5(f)(iv) above shall be exceptions to any nonrecourse or exculpatory provision of the Loan Documents, and Trustor shall be fully and personally liable for the Environmental Costs and such judgments and awards and such liability shall not be limited to the original principal amount of the obligations secured by this Deed of Trust, and Trustor's obligations shall survive the foreclosure, deed in lieu of foreclosure, release, reconveyance, or any other transfer of the Property or this Deed of Trust. (g) Trustor hereby agrees to indemnify, defend and hold harmless Beneficiary from and against any and all Environmental Losses.
9 Crescent City – Subordinate Deed of Trust -City Carryback “TRUSTOR”
CRESCENT CITY H STREET LP,
a California limited partnership
By: Crescent City H Street LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
Its Manager
By: ___________________________
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General Partner
By: ____________________________
David Rutledge
President
10 Crescent City – Subordinate Deed of Trust -City Carryback "BENEFICIARY”
CITY OF CRESCENT CITY, a municipal
corporation
By:________________________________
Eric Wier, City Manager
ATTEST:
By:________________________________
Robin Altman, City Clerk
11 Crescent City – Subordinate Deed of Trust -City Carryback 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.
STATE OF CALIFORNIA )
) SS.
COUNTY OF _________________ )
On , before me, , a Notary
Public in and for said State, personally appeared, ,
who proved to me 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(ies) 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 of Notary Public
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Clerk
TAX STATEMENTS: NO CHANGE
Exempt from Recording Fees Per Gov. Code Section 27383
Exempt from SB 2 Fees per Gov. Code § 27388.1(a)(2)(D)
APN 118-170-002-000
AFFORDABLE HOUSING COVENANT
For valuable consideration, the receipt of which is hereby acknowledged, CITY OF CRESCENT CITY ("City"), acting in its capacity as the successor housing entity to the former Redevelopment Agency of the City of Crescent City, hereby agrees with CRESCENT CITY H STREET LP, a California limited partnership ("Owner"), with respect to that certain parcel of real property (the "Site") legally described on Exhibit A, that the Site and the residential units to be constructed thereon (the "Housing Project") will be subject to the conditions, restrictions, reservations and rights of City specified below. This Agreement is dated for reference purposes as of April 1, 2024.
This Covenant is entered into pursuant to a Disposition and Development Agreement between the City and Owner (as Developer) dated July 31, 2023 (the "DDA"). Pursuant to the DDA, the Owner executed a promissory note in favor of the City, in the amount of $910,000 (“Carryback Note”) to evidence the Purchase Price paid by the Developer to acquire the Site from the City and the payment impact fees for purposes of development of the Housing Project. The Carryback Note is secured by a deed of trust recorded against the Site. The Covenant is also entered into in connection with a promissory note to be executed by Owner in favor of the City in the amount of $4,750,000 (“PLHA Note”) in connection with the award of Permanent Local Housing Allocation (“PLHA”) funds from the California Department of Housing and Community Development (“HCD”) to the City and the loan of PLHA funds from the City to the Owner. The PLHA Note will be secured by a deed of trust recorded against the Site.
1. USE OF THE SITE. The Owner hereby covenants and agrees, for itself, its lessees, successors and assigns, as follows:
A. The City and Owner have executed this Agreement to assure the Site meets the requirements of California Health and Safety Code Sections 33334.2 and 33413, and remains affordable for the longest feasible period, but for not for fewer than fifty-five (55) years. This Agreement is also required by HCD to restrict the rents and occupancy of the Housing Project in accordance with the requirements of the PLHA program.
B. Rent and Income Restrictions. Twenty-six (26) of the residential units to be developed on the Site (the "Affordable Units") shall be rented to low income households who qualify as senior citizens under California Civil Code Section 51.3, as the same may be amended from time to time, and whose income does not exceed the limits set forth below ("Eligible Households"):
All of the Affordable Units constructed on the Site shall be available to Eligible Households whose income does not exceed sixty percent (60%) of the area median income, with at least 20% of those units being rented to persons with a gross household income that does not exceed fifty percent (50%) of the Area Median Income, as defined in California Health and Safety Code Section 5009. These Affordable Units shall be available at rents that do not exceed 30% of 60% of the AMI or 30% of 50% of the AMI, as applicable and as adjusted by Assumed Household Size, less a utility allowance.
The one (1) remaining residential unit to be developed on the Site shall be reserved for occupancy by an on-site property manager.
The maximum housing cost of the Eligible Households for the income level set forth above must comply with the regulations promulgated by the California Department of Housing and Community Development Sections 6910-6932 in Title 25 of the California Code of Regulations, governing the City's set aside housing fund, or with the eligibility requirements established by the Tax Credit Financing or the regulatory agreement relating to any other federally administered program providing financing for the Housing Project.
For purposes of this Covenant:
"Area Median Income or AMI" shall mean the median income for households in Del Norte County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932. In the event that such income determinations are no longer published by HUD, or are not updated for a period of at least 18 months, the City shall provide the Owner with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD.
C. Reporting Requirements. Annual reports and annual income recertifications must be submitted to the City. The reports, at a minimum, shall include:
(1) The number of persons per unit
(2) Tenant name
(3) Initial occupancy date
(4) Rent paid per month
(5) Gross income per year
(6) Percent of rent paid in relation to income.
Such information shall be reported to the City pursuant to Health and Safety Code Section 33418, in substantially the form attached hereto as Exhibit B, or in a substantially equivalent format acceptable to the City.
Annual income recertifications shall also contain those documents used to certify eligibility. City may, from time to time during the term of this Covenant, request additional or different information and Owner shall promptly supply such information in the reports required hereunder. Owner shall maintain all necessary books and records, including property, personal and financial records, in accordance with requirements prescribed by City with respect to all matters covered by this Covenant. Owner, at such time and in such forms as City may require, shall furnish to City statements, records, reports, data and information pertaining to matters covered by this Covenant. Upon request for examination by City, Owner, at any time during normal business hours, shall make available all of its records with respect to all matters covered by this Covenant. Owner shall permit City to audit, examine and make excerpts or transcripts from these records.
City acknowledges that Owner will be required to comply with certain reporting requirements as a condition to Owner’s Tax Credit Financing (as defined in the DDA). City hereby agrees that, so long as said reporting requirements remain in effect, and Owner fully complies with any such reporting requirements and provides a copy of all such reports to the City, Owner will be deemed to have complied with the reporting requirements under this Article 2.
2. MAINTENANCE. The Owner and all successors in interest, agree that they shall maintain, or cause to be maintained, the Site in a manner consistent with the provisions set forth therefor in the Crescent City Municipal Code, and shall keep the entire Site reasonably free from any accumulation of debris or waste materials prior to and after construction.
If, at any time, Owner fails to maintain the Site, and has either failed to commence to cure such condition or to diligently prosecute to completion the condition or the condition is not corrected after expiration of sixty (60) days from the date of written notice from City to Owner, City may perform the necessary corrective maintenance, and Owner shall pay such costs as are reasonably incurred for such maintenance. The City shall have the right to place a lien on the Site should Owner not reimburse City for such costs within sixty (60) days following City’s written demand to Owner for reimbursement of such costs. Owner, on behalf of itself its heirs, successors and assigns, hereby grants to City and its officers, employees and agents, an irrevocable license to enter upon the Site to perform such maintenance during normal business hours after receipt of written notice from City as hereinabove described and Owner’s failure to cure or remedy such failure within sixty (60) days of such notice. Any such entry shall be made only after reasonable notice to Owner, and City shall indemnify and hold Owner harmless from any claims or liabilities pertaining to any such entry by City.
Failure by Owner to maintain the Site in the condition provided in this Section 2 may, in City’s reasonable discretion, constitute a default under this Covenant.
3. NO TRANSFER. The Owner shall not sell, transfer, convey, encumber, assign or lease the whole or any part of the Site without the prior approval of the City, which shall not be unreasonably withheld. Owner shall request approval by written notice at least ninety (90) days prior to any proposed transfer. This prohibition shall not be deemed to (i) prevent the granting of easements or permits to facilitate the development of the Site, (ii) prohibit or restrict the rental or leasing of units when the construction of the Housing Project is completed, (iii) prohibit or restrict the grant and exercise of an option and/or right of first refusal to purchase the Site given by Owner to a general partner of Owner in accordance with the Owner’s Partnership Agreement on or around the expiration of the tax credit compliance period, or (iv) prohibit or restrict the transfer of the tax credit investor’s interest or any removal or replacement of the general partner of the Owner in accordance with the Owner’s Partnership Agreement, which shall not require the prior written approval of Owner, but Owner shall give notice of such transfer to City.
4. MANAGEMENT. During the term of this Covenant, Owner shall promptly notify the City in the event there is any change in the property management company managing the Housing Project. The property management agreement shall name the City as a third-party beneficiary permitting the City the right to enforce the Agreement. Owner shall submit a copy of such agreement to the City, provided the City shall not have the right to approve or disapprove such agreement except to ensure compliance of such agreement with the provisions of this paragraph 4.
5. NO DISCRIMINATION. The Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Owner itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Site.
6. NONDISCRIMINATION AND NONSEGREGATION CLAUSES. All deeds, leases or contracts made relative to the Site, the improvements thereon or any part thereof, shall contain or be subject to substantially the following nondiscrimination and nonsegregation clauses:
All deeds, leases or contracts made relative to the Site, the improvements thereon or any part thereof shall contain or be subject to substantially the following nondiscrimination clauses:
(1) In deeds: (a) "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (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 premises herein conveyed, nor shall the grantee, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land."
(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 (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.
Subdivisions (d) of Section 51 and Section 1360 of the Civil Code and subdivision (n), (o), and (p) of Section 12955 of the Government Code shall apply to paragraph (a).
(2) In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions:
(a) "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) or (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 leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased, nor shall the lessee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein leased."
(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 (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. Subdivisions (d) of Section 51 and Section 1360 of the Civil Code and
subdivision (n), (o), and (p) of Section 12955 of the
Government Code shall apply to paragraph (a).
3. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (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 premises, nor shall the transferee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the premises."
7. NO IMPAIRMENT OF LIEN. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Covenant shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Owner to the Site shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.
8. DURATION. The covenants contained in paragraph 1 of this Covenant shall be deemed to run with the land in accordance with Section 33334.3(f) of the Health and Safety Code or any successor statute and shall remain in effect for not less than fifty-five (55) years following receipt of a Certificate of Occupancy for the Housing Project. The covenants against discrimination contained in paragraphs 5 and 6 of this Covenant shall be deemed to run with the land in accordance with Section 33438 of the Health and Safety Code or any successor statute and shall remain in effect in perpetuity.
9. SUCCESSORS AND ASSIGNS. The covenants contained in this Covenant shall be binding for the benefit of the City and its respective successors and assigns, third party beneficiaries, and any successor in interest to the Site or any part thereof, and such covenants shall run in favor of the City and such aforementioned parties for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. The City, and such aforementioned parties, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in this Covenant shall be for the benefit of and shall be enforceable only by the City, and its respective successors and assigns, third party beneficiaries, and such aforementioned parties.
10. SUBORDINATION. Upon written request by Owner, City shall agree that the terms and conditions of this Covenant shall be subject to and subordinate to the terms and conditions of financing obtained by Owner, through a lender acceptable to the City (the "Lender") and upon terms and conditions reasonably approved by the City, for construction and permanent financing, to be secured by a mortgage against the Site; provided the total aggregate amount of financing secured by Owner together with the Note provided for under that certain Disposition and Development Agreement between Owner and City, dated July 31, 2023, as amended, shall not exceed the appraised value of the completed Housing Project; and provided, further, any Lender for construction or permanent financing that is not obtained through an approved federal or state program shall agree to include in its subordination agreement and deed of trust the following conditions: (i) City shall receive any notices of default issued by Lender to Owner; (ii) City shall have the right to cure any default by Owner within forty-five (45) days after a notice of default; (iii) City shall have the right to foreclose its Deed of Trust without Lender accelerating its debt, provided City has cured or is attempting to cure any defaults under the senior deed of trust; and (iv) City shall have the right to transfer the Housing Project to another nonprofit corporation, or to a limited partnership whose general partner is a nonprofit corporation, who shall own and operate the Housing Project as an affordable rental housing project with the consent of Lender, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, if Owner is unable to secure a senior lender that will agree to the subordination provisions above, City shall use commercially reasonable best efforts to subordinate this Covenant to the Lender on commercially reasonable terms.
IN WITNESS WHEREOF, the City and Owner have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized, on the dates set forth below their signatures.
CITY:
CITY OF CRESCENT CITY, a municipal corporation of the State of California By:
Eric Wier, City Manager
Attest:
By:
Robin Altman, City Clerk
Date: April __, 2024
OWNER:
CRESCENT CITY H STREET LP,
a California limited partnership
By: Crescent City H Street LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
Its Manager
By: _____________________
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public benefit
corporation, its Managing General Partner
By:__________________________
David Rutledge
President
Date: April __, 2024
STATE OF CALIFORNIA }
COUNTY OF DEL NORTE }
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.
On _________________________ before me, ______________________________________, a 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 signatures(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. [seal]
__________________________________
Signature
STATE OF CALIFORNIA }
COUNTY OF DEL NORTE }
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.
On _________________________ before me, ______________________________________, a 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 signatures(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. [seal]
__________________________________
Signature
EXHIBIT A
Legal Description of the Site
Real property in the City of Crescent City, County of Del Norte, State of California, described as follows:
PARCEL ONE
BEGINNING AT THE MOST NORTHERLY CORNER OF BLOCK 75 OF THE CITY OF
CRESCENT CITY, ACCORDING TO THE OFFICIAL SURVEYS AND MONUMENTS OF SAID CITY; AND RUNNING
THENCE WESTERLY ALONG SEVENTH STREET, 95 FEET;
THENCE AT A RIGHT ANGLE SOUTHERLY, 72 FEET;
THENCE AT A RIGHT ANGLE EASTERLY, 95 FEET TO "I" STREET; AND THENCE NORTHERLY ALONG "I" STREET, 72 FEET TO THE POINT OF BEGINNING.
PARCEL TWO
BEGINNING AT A POINT ON THE EASTERLY LINE OF H STREET, 72 FEET SOUTHERLY FROM THE MOST WESTERLY CORNER OF BLOCK 75 OF THE CITY OF CRESCENT CITY, ACCORDING TO THE OFFICIALSURVEYS AND MONUMENTS;
AND RUNNING
THENCE SOUTHERLY ALONG SAID LINE OF "H" STREET, 90 FEET; THENCE AT A RIGHT ANGLE EASTERLY, 240 FEET TO THE WESTERLY LINE OF "I" STREET;
THENCE NORTHERLY ALONG SAID LINE OF "I" STREET, 90 FEET; AND THENCE AT A RIGHT ANGLE WESTERLY, 240 FEET TO THE POINT OF BEGINNING.
APN: 118-170-002-000
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Clerk
NOTICE OF AFFORDABILITY RESTRICTIONS
ON TRANSFER OF PROPERTY
Important notice to owners, purchasers, tenants, lenders, brokers, escrow and title companies, and other persons, regarding affordable housing restrictions on the real property described in this Notice: Restrictions have been recorded with respect to the property described below (referred to in this Notice as the “Property”) which restrict the price and terms at which the Property may be sold or rented. These restrictions may limit the sales price or rents of the Property to an amount which is less than the fair market value of the Property. These restrictions also limit the income of persons and households who are permitted to purchase and rent the Property.
Title of Document Containing Affordable Housing Restrictions: Affordable Housing Covenant (referred to in this Notice as the “Affordable Housing Restrictions”).
Parties to Affordable Housing Restrictions:
City of Crescent City (“City”) and
Crescent City H Street LP, a California limited partnership (“Owner”).
The Affordable Housing Restrictions are recorded (check one) o as Document No. ______________________, official records of Del Norte County, on ________________________; or
X concurrently with this Notice, official records of Del Norte County.
Legal Description of Property:
See Exhibit A (Attached hereto)
Street Address of Property: 655 H Street, Crescent City, California.
Assessor’s Parcel Number of Property: 118-017-002-000
Summary of Affordable Housing Restrictions (check as applicable):
X The Affordable Housing Restrictions restrict the amount of rent which may be charged for the rental housing unit or units on the Property, as follows:
Twenty-Six (26) of the residential units constructed on the Property shall be available to Eligible Households whose income does not exceed sixty percent (60%) of the area median income, six (6) of which shall be made available to Eligible Households whose income does not exceed fifty percent (50%) of the area median income. These Affordable Units shall be available at rents that do not exceed 30% of 60% of AMI or 30% of 50% of AMI, as applicable and adjusted by Assumed Household Size, less a utility allowance.
The remaining one (1) residential unit constructed on the Property shall be reserved for occupancy by an on-site property manager.
“Area Median Income" shall mean the median income for households in Del Norte County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932.
o The Affordable Housing Restrictions restrict the income level of the tenant or buyer of the Property, as follows:
Twenty-six (26) of the residential units constructed on the Property shall be available to Eligible Households whose income does not exceed sixty percent (60%) of the area median income. These Affordable Units shall be available at rents that do not exceed 30% of 60% of the Median Income, adjusted by Assumed Household Size, less a utility allowance.
The remaining one (1) residential unit constructed on the Property shall be reserved for occupancy by an on-site property manager.
“Area Median Income" shall mean the median income for households in Del Norte County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932.
X Term of Restrictions: 55 years, commencing on the date of receipt of a Certificate of Occupancy for the Housing Project and terminating 55 years thereafter.
This Notice does not contain a full description of the details of all of the terms and conditions of the Affordable Housing Restrictions. You will need to obtain and read the Affordable Housing Restrictions to fully understand the restrictions and requirements which apply to the Property. In the event of any conflict between the terms of this Notice and the terms of the Affordable Housing Restrictions, the terms of the Affordable Housing Restrictions shall control.
This Notice is being recorded and filed in compliance with Health and Safety Code Section 33334.3(f)(3) and (4) and shall be indexed against the City and the current Owner of the Property.
Dated: April __, 2024 CITY OF CRESCENT CITY
By: ____________________________________,
Eric Wier, City Manager
Attest: __________________________________,
Robin Altman, City Clerk
Dated: April __, 2024
CRESCENT CITY H STREET LP,
a California limited partnership
By: Crescent City H Street LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
Its Manager
By: _______________________
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General
Partner
By: ______________________________
David Rutledge
President
STATE OF CALIFORNIA }
COUNTY OF DEL NORTE }
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.
On _________________________ before me, ______________________________________, a 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 signatures(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. [seal]
__________________________________
Signature
STATE OF CALIFORNIA }
COUNTY OF DEL NORTE }
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.
On _________________________ before me, ______________________________________, a 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 signatures(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. [seal]
__________________________________
Signature
EXHIBIT A
Legal Description of the Property
Real property in the City of Crescent City, County of Del Norte, State of California, described as follows:
PARCEL ONE
BEGINNING AT THE MOST NORTHERLY CORNER OF BLOCK 75 OF THE CITY OF
CRESCENT CITY, ACCORDING TO THE OFFICIAL SURVEYS AND MONUMENTS OF SAID CITY; AND RUNNING
THENCE WESTERLY ALONG SEVENTH STREET, 95 FEET;
THENCE AT A RIGHT ANGLE SOUTHERLY, 72 FEET;
THENCE AT A RIGHT ANGLE EASTERLY, 95 FEET TO "I" STREET; AND THENCE NORTHERLY ALONG "I" STREET, 72 FEET TO THE POINT OF BEGINNING.
PARCEL TWO
BEGINNING AT A POINT ON THE EASTERLY LINE OF H STREET, 72 FEET SOUTHERLY FROM THE MOST WESTERLY CORNER OF BLOCK 75 OF THE CITY OF CRESCENT CITY, ACCORDING TO THE OFFICIALSURVEYS AND MONUMENTS;
AND RUNNING
THENCE SOUTHERLY ALONG SAID LINE OF "H" STREET, 90 FEET; THENCE AT A RIGHT ANGLE EASTERLY, 240 FEET TO THE WESTERLY LINE OF "I" STREET;
THENCE NORTHERLY ALONG SAID LINE OF "I" STREET, 90 FEET; AND THENCE AT A RIGHT ANGLE WESTERLY, 240 FEET TO THE POINT OF BEGINNING.
APN: 118-170-002-000
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Crescent City H Street LP
5251 Ericson Way
Arcata, CA 95521
TAX STATEMENTS: SAME AS ABOVE
SPACE ABOVE THIS LINE FOR RECORDER’S USE
EXEMPT FROM RECORDING FEES PER GOV. CODE § 27383
EXEMPT FROM SB 2 FEES PER GOV. CODE § 27388.1(A)(2)(D
APN: 118-170-002-000
GRANT DEED
The undersigned Grantor declares:
__This Transfer is exempt from the documentary transfer tax. __The documentary transfer tax is $____________ and is computed on:
__The full value of the interest or property conveyed
__The full value less the liens or encumbrances remaining thereon at the time of sale.
The property is located in _x_ an Incorporated City of Crescent City or __ an Unincorporated area.
For valuable consideration, the receipt of which is hereby acknowledged, City of Crescent City, a California municipal corporation as Successor Agency of the Crescent City Redevelopment Agency (herein “City” or “Grantor”), a municipal corporation of the State of California, acting in its capacity as the successor housing entity to the former City of Crescent City Redevelopment Agency, hereby grants to Crescent City H Street LP, a California limited partnership (herein called “Grantee”), the real property (the “Site”) legally described in the document attached hereto, labeled Exhibit A, and incorporated herein by this reference.
The Grantee herein covenants by and itself, its heirs, executors, administrators and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (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 premises herein conveyed, nor shall the Grantee, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the premises herein conveyed. The foregoing covenants shall run with the land.
Notwithstanding the paragraph above, 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 the paragraph above 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. Subdivisions (d) of Section 51 and Section 1360 of the Civil Code and subdivision (n), (o), and (p) of Section 12955 of the Government Code shall apply to the paragraph above.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Grantor and Grantee have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized, on the dates set forth below their signatures.
“GRANTOR”
CITY OF CRESCENT CITY, a California
municipal corporation as Successor Agency of
the Crescent City Redevelopment Agency
By:
Eric Wier, City Manager
Attest:
By:
Robin Altman, City Clerk
Dated: April __, 2024
The provisions of this Grant Deed are hereby approved and accepted. “GRANTEE”
CRESCENT CITY H STREET LP,
a California limited partnership
By: Crescent City H Street LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
Its Manager
By:
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General Partner
By:
David Rutledge
President
Dated: April __, 2024
EXHIBIT A
LEGAL DESCRIPTION OF THE SITE
Real property in the City of Crescent City, County of Del Norte, State of California, described as follows:
PARCEL ONE
BEGINNING AT THE MOST NORTHERLY CORNER OF BLOCK 75 OF THE CITY OF
CRESCENT CITY, ACCORDING TO THE OFFICIAL SURVEYS AND MONUMENTS OF SAID CITY; AND RUNNING
THENCE WESTERLY ALONG SEVENTH STREET, 95 FEET;
THENCE AT A RIGHT ANGLE SOUTHERLY, 72 FEET;
THENCE AT A RIGHT ANGLE EASTERLY, 95 FEET TO “I” STREET; AND THENCE NORTHERLY ALONG “I” STREET, 72 FEET TO THE POINT OF BEGINNING.
PARCEL TWO
BEGINNING AT A POINT ON THE EASTERLY LINE OF H STREET, 72 FEET SOUTHERLY FROM THE MOST WESTERLY CORNER OF BLOCK 75 OF THE CITY OF CRESCENT CITY, ACCORDING TO THE OFFICIALSURVEYS AND MONUMENTS;
AND RUNNING
THENCE SOUTHERLY ALONG SAID LINE OF “H” STREET, 90 FEET; THENCE AT A RIGHT ANGLE EASTERLY, 240 FEET TO THE WESTERLY LINE OF “I” STREET;
THENCE NORTHERLY ALONG SAID LINE OF “I” STREET, 90 FEET; AND THENCE AT A RIGHT ANGLE WESTERLY, 240 FEET TO THE POINT OF BEGINNING.
APN: 118-170-002-000
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.
STATE OF CALIFORNIA )
) SS.
COUNTY OF _________________ )
On , before me, , a Notary
Public in and for said State, personally appeared, ,
who proved to me 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(ies) 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 of Notary Public
[SEAL]
WHEN RECORDED MAIL TO:
Citibank, N.A.
Transaction and Asset Management Group/Post Closing
Citi Community Capital
3800 Citibank Center
Tampa, Florida 33610
Re: Harbor Point Deal ID No. 50011135
SUBORDINATION AND INTERCREDITOR AGREEMENT
Subordination and Intercreditor Agreement Harbor Point
SUBORDINATION AND INTERCREDITOR AGREEMENT
THIS SUBORDINATION AND INTERCREDITOR AGREEMENT (this
“Agreement”) dated as of May 1, 2024, is made by and between CITY OF CRESCENT CITY, a municipal corporation of the State of California, (“Junior Lender”) and CITIBANK, N.A., a national banking association (“Senior Lender”) and acknowledged by CRESCENT CITY H STREET LP, a California limited partnership (“Borrower”). The date of this Agreement as set forth above is for reference purposes only, and this Agreement will not be effective and binding until the Closing Date (as defined in the Loan Agreement).
RECITALS:
A. Borrower has applied to Senior Lender for a loan in the maximum principal amount of [$13,670,000] (the “Senior Loan”) for the acquisition, construction, development, equipping and/or operation of a 27-unit multifamily residential project located in the City of Crescent City, Del Norte County, California, known or to be known as Harbor Point (the “Property”).
B. The Senior Loan is evidenced by the Senior Note (as defined below), and will be advanced to Borrower pursuant to the Loan Agreement (as defined herein) C. The Senior Loan is secured by, among other things, that certain Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing]\, dated as of the date hereof, executed by Borrower for the benefit of Lender (as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented, “Senior Security Instrument”), which Senior Security Instrument encumbers the Property.
D. Junior Lender is making a loan (the “Junior Loan”) to Borrower in the original principal amount of $910,000, which Junior Loan is evidenced by a certain note dated as of [the Closing Date] made by Borrower to Junior Lender (the “Junior Note”) and secured by, the Junior Security Instrument (as hereinafter defined) encumbering the Property, and will be advanced to Borrower pursuant to that certain Disposition and Development Agreement (the “Junior Loan Agreement”), dated as of July 31, 2023, by and between Borrower and Junior Lender.
E. The Senior Security Instrument and the Junior Security Instrument are intended to be recorded concurrently herewith in Del Norte County, California (“Official Records”) F. Citibank, N.A. (together with its successors and assigns, “Servicer”), will act as the initial servicer of the Senior Loan.
G. As a condition to the making of the Senior Loan, Senior Lender requires that Junior Lender execute and deliver this Agreement prior to the making of the Junior Loan and the granting of the Junior Security Instrument by Borrower.
Subordination and Intercreditor Agreement 2 Harbor Point NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce the making of the Senior Loan and to induce Senior Lender to consent to the Junior Loan and the Junior Security Instrument, Junior Lender hereby agrees as follows:
1. Definitions. Capitalized terms used but not defined in this Agreement shall have the meanings ascribed thereto in the Senior Security Instrument. As used in this Agreement, the terms set forth below shall have the respective meanings indicated:
“Bankruptcy Proceeding” means any bankruptcy, reorganization, insolvency, composition, restructuring, dissolution, liquidation, receivership, assignment for the benefit of creditors, or custodianship action or proceeding under any federal or state law with respect to Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or any of their respective partners, members, officers, directors, or shareholders. “Casualty” means the occurrence of damage to or loss of any of the Property by fire or other casualty.
“Condemnation” means any proposed or actual condemnation or other taking, or conveyance in lieu thereof, of all or any part of the Property, whether direct or indirect. “Enforcement Action” means any exercise of any of Junior Lender’s remedies under the Junior Security Instrument or any of the other Junior Loan Documents, including, without limitation, any of the following: (i) the acceleration of all or any part of the Junior Indebtedness, (ii) the commencement of any judicial or non-judicial action or proceeding to enforce any obligation of Borrower under any of the Junior Loan Documents, collect any monies payable to Borrower or have a receiver appointed to collect any monies payable to Borrower, or foreclose the lien(s) created by the Junior Security Instrument, (iii) the filing or joining in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower, (iv) the advertising of or commencement of any foreclosure or trustee’s sale proceedings, (v) the exercise of any power of sale, (vi) the acceptance of a deed or assignment in lieu of foreclosure or sale, (vii) the collecting of Rents, (viii) the obtaining of or seeking of the appointment of a receiver, (ix) the seeking of default interest, (x) the taking of possession or control of any of the Property, (xi) the commencement of any suit or other legal, administrative, or arbitration proceeding based upon the Junior Note or any other of the Junior Loan Documents, (xii) the exercising of any banker’s lien or rights of setoff or recoupment, or (xiii) the taking of any other enforcement action against Borrower, any other party liable for any of the Junior Indebtedness or obligated under any of the Junior Loan Documents, or the Property.
“Enforcement Action Notice” means a written notice from Junior Lender to Senior Lender, given following a Junior Loan Default and the expiration of any notice or cure periods provided for such Junior Loan Default in the Junior Loan Documents, setting forth in reasonable detail the Enforcement Action proposed to be taken by Junior Lender.
Subordination and Intercreditor Agreement 3 Harbor Point “Junior Indebtedness” means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Junior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding. “Junior Loan Default” means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of notice or the passage of time, or both, would constitute, an “Event of Default” as defined in the Junior Security Instrument. “Junior Loan Documents” means, collectively, the Junior Note, the Junior Security Instrument, the Junior Loan Agreement, that certain Affordable Housing Covenant, dated as of [the Closing Date], by and between Junior Lender and Borrower and all other documents evidencing, securing or delivered in connection with the Junior Loan, all of which are listed on Exhibit B attached hereto, together with such modifications, amendments and supplements thereto as are approved in writing by Senior Lender prior to their execution. “Junior Security Instrument” means that certain [Subordinate Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing] dated as of [the Closing Date], made by Borrower for the benefit of Junior Lender, as the same may from time to time be extended, consolidated, substituted for, modified, amended or supplemented upon receipt of the consent of Senior Lender.
“Loan Agreement” means that certain Construction Loan Agreement, dated as of the date hereof, by and between Borrower and Senior Lender relating to the Senior Loan. “Loss Proceeds” means all monies received or to be received under any insurance policy, from any condemning authority, or from any other source, as a result of any Condemnation or Casualty.
“Property” means (i) the land and improvements known or to be known as Harbor Point, located in City of Crescent City, Del Norte County, California, which Property is more particularly described on Exhibit A attached hereto, and (ii) all furniture, fixtures and equipment located at such apartments and other property, accounts, deposits and rights and interests of Borrower encumbered by the Senior Security Instrument and/or the other Senior Loan Documents.
“Senior Indebtedness” means all indebtedness of any kind at any time evidenced or secured by, or arising under, the Senior Loan Documents, whether incurred, arising or accruing before or after the filing of any Bankruptcy Proceeding. “Senior Loan Default” means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of notice or the passage of time, or both, would constitute, an “Event of Default” as defined in the Senior Security Instrument. “Senior Loan Documents” means, collectively, the Senior Security Instrument, the Senior Note, the Loan Agreement and all of the other documents, instruments and agreements now or hereafter evidencing, securing or otherwise executed in connection with the Senior Loan, as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented in accordance with the provisions of this Agreement.
Subordination and Intercreditor Agreement 4 Harbor Point “Senior Note” means the Note, as defined by the Senior Security Instrument, as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented.
“Senior Security Instrument” means that certain Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing, dated as of the date hereof, made by Borrower for the benefit of Senior Lender, as the same may from time to time be extended, consolidated, substituted for, modified, increased, amended and supplemented.
2. Junior Loan and Junior Loan Documents are Subordinate; Acts by Senior Lender do not Affect Subordination.
(a) Junior Lender hereby covenants and agrees on behalf of itself and its successors and permitted assigns that the Junior Indebtedness is and shall at all times continue to be, subordinate, subject and inferior (in payment and priority) to the prior payment in full of the Senior Indebtedness, and that the liens, rights, payment interests, priority interests and security interests granted to Junior Lender in connection with the Junior Loan and under the Junior Loan Documents are, and are hereby expressly acknowledged to be in all respects and at all times, subject, subordinate and inferior in all respects to the liens, rights, payment, priority and security interests granted to Senior Lender under the Senior Loan and the Senior Loan Documents and the terms, covenants, conditions, operations and effects thereof.
(b) Except as expressly set forth herein, repayment of the Junior Indebtedness, is and shall be postponed and subordinated to repayment in full of the Senior Loan. Prior to a Senior Loan Default (regardless of whether such Senior Loan Default occurs prior to or during the pendency of a Bankruptcy Proceeding), Junior Lender shall be entitled to receive and retain payments made pursuant to and in accordance with the terms of the Junior Loan Documents; provided, however, that no such payment is made more than ten (10) days in advance of the due date thereof. Junior Lender agrees that from and after such time as it has received from either Senior Lender or Borrower written notice that a Senior Loan Default then exists (which has not been expressly waived in writing by Senior Lender) or otherwise has actual knowledge of such a Senior Loan Default, Junior Lender shall not receive or accept any payments under the Junior Loan. If (i) Junior Lender receives any payment, property, or asset of any kind or in any form on account of the Junior Indebtedness (including, without limitation, any proceeds from any Enforcement Action) after a Senior Loan Default of which Junior Lender has actual knowledge or has been given notice of, or (ii) Junior Lender receives, voluntarily or involuntarily, by operation of law or otherwise, any payment, property, or asset in or in connection with any Bankruptcy Proceeding, such payment, property, or asset will be received and held in trust for Senior Lender. Junior Lender will promptly remit, in kind and properly endorsed as necessary, all such payments, properties, and assets to Senior Lender. Senior Lender shall apply any payment, asset, or property so received from Junior Lender to the Senior Indebtedness in such order, amount (with respect to any asset or property other than immediately available funds), and manner as Senior Lender shall determine in its sole and absolute discretion.
Subordination and Intercreditor Agreement 5 Harbor Point (c) Without limiting the complete subordination of the Junior Indebtedness to the payment in full of the Senior Indebtedness, in any Bankruptcy Proceeding, upon any payment or distribution (whether in cash, property, securities, or otherwise) to creditors (i) the Senior Indebtedness shall first be paid in full in cash before Junior Lender shall be entitled to receive any payment or other distribution on account of or in respect of the Junior Indebtedness, and (ii) until all of the Senior Indebtedness is paid in full in cash, any payment or distribution to which Junior Lender would be entitled but for this Agreement (whether in cash, property, or other assets) shall be made to Senior Lender. (d) The subordination of the Junior Indebtedness shall continue in the event that any payment under the Senior Loan Documents (whether by or on behalf of Borrower, as proceeds of security or enforcement of any right of set-off or otherwise) is for any reason repaid or returned to Borrower or its insolvent estate, or avoided, set aside or required to be paid to Borrower, a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law. In such event, the Senior Indebtedness or part thereof originally intended to be satisfied shall be deemed to be reinstated and outstanding to the extent of any repayment, return, or other action, as if such payment on account of the Senior Indebtedness had not been made. (e) The subordination of the Junior Loan Documents and of the Junior Indebtedness shall apply and continue notwithstanding (i) the actual date and time of execution, delivery, recording, filing or perfection of the Senior Security Instrument and other Senior Loan Documents and of the Junior Security Instrument and other Junior Loan Documents, and (ii) the availability of any collateral to Senior Lender, including the availability of any collateral other than the Property. (f) By reason of, and without in any way limiting, the full subordination of the Junior Indebtedness and the Junior Loan Documents provided for in this Agreement, all rights and claims of Junior Lender under the Junior Security Instrument or under the Junior Loan Documents in or to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto, are expressly subject and subordinate in all respects to the rights and claims of Senior Lender under the Senior Loan Documents in and to the Property or any portion thereof, the proceeds thereof, the Leases thereof, the Rents, issues and profits therefrom, and the Loss Proceeds payable with respect thereto. (g) If Junior Lender, by indemnification, subrogation or otherwise, shall acquire any lien, estate, right or other interest in any of the Property, that lien, estate, right or other interest shall be fully subject and subordinate to the receipt by Senior Lender of payment in full of the Senior Indebtedness, and to the Senior Loan Documents, to the same extent as the Junior Indebtedness and the Junior Loan Documents are subordinate pursuant to this Agreement.
(h) In confirmation, and not as a condition, of the subordination of the Junior Indebtedness and the Junior Loan Documents provided for in this Agreement, Junior Lender shall place on or attach to the Junior Note a notice to the following effect, and shall provide Senior Lender with a copy of the Junior Note showing such notice:
Subordination and Intercreditor Agreement 6 Harbor Point “The indebtedness evidenced by this Note is and shall be subordinate in right of payment to the prior payment in full of all amounts then due and payable (including, but not limited to, all amounts due and payable by virtue of any default or acceleration or upon maturity) with respect to the indebtedness evidenced by the Note (as defined by that certain Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing, by the Borrower in favor of CITIBANK, N.A.), in the original maximum principal amount of [$13,670,000], executed by Borrower and payable to Citibank, N.A. (“Senior Lender”), to the extent and in the manner provided in that certain Subordination and Intercreditor Agreement, dated as of May 1, 2024, between Senior Lender and the holder of this Note (the “Subordination Agreement”). The rights and remedies of the payee and each subsequent holder of this Note shall be deemed, by virtue of such holder’s acquisition of this Note, to have agreed to perform and observe all of the terms, covenants and conditions to be performed or observed by the “Junior Lender” under the Subordination Agreement.”
(i) Junior Lender hereby acknowledges and agrees that Senior Lender may, without the consent or approval of Junior Lender, agree with Borrower to extend, consolidate, modify, increase or amend any or all the Senior Loan Documents and otherwise act or fail to act with respect to any matter set forth in any Senior Loan Document (including, without limitation, the exercise of any rights or remedies, waiver, forbearance or delay in enforcing any rights or remedies, the declaration of acceleration, the declaration of defaults or events of default, the release, in whole or in part, of any collateral or other property, and any consent, approval or waiver), and all such extensions, consolidations, modifications, amendments acts and omissions shall not release, impair or otherwise affect Junior Lender’s obligations and agreements hereunder.
3. Junior Lender Agreements.
(a) Without the prior written consent of Senior Lender in each instance, Junior Lender shall not (i) amend, modify, waive, extend, renew or replace any provision of any of the Junior Loan Documents, or (ii) pledge, assign, transfer, convey, or sell any interest in the Junior Indebtedness or any of the Junior Loan Documents; or (iii) accept any payment on account of the Junior Indebtedness other than a regularly scheduled payment of interest or principal and interest made not earlier than ten (10) days prior to the due date thereof; or (iv) take any action which has the effect of increasing the Junior Indebtedness; or (v) appear in, defend or bring any action in connection with the Property; or (vi) take any action concerning environmental matters affecting the Property.
Regardless of any contrary provision in the Junior Loan Documents, Junior Lender shall not collect payments for the purpose of escrowing for any cost or expense related to the Property or for any portion of the Junior Indebtedness. (b) Junior Lender hereby agrees that Senior Lender may, at its option (but without any obligation to do so), at any time (including during the pendency of a Bankruptcy Proceeding), purchase the Junior Loan at par (and without liability for any Subordination and Intercreditor Agreement 7 Harbor Point prepayment premiums or liquidated damages set forth in the Junior Loan Documents).
Such transfer and assignment of the Junior Loan shall be without representation or recourse, except that Junior Lender shall represent that it is the sole holder of the Junior Loan, that it has authority to assign and convey the Junior Loan Documents, that, to the best of its knowledge, there are no defaults or breaches under the Junior Loan Documents, and as to the total amount then outstanding under the Junior Loan. . Junior Lender shall give Senior Lender a concurrent copy of each notice of a Junior Loan Default, Enforcement Action Notice or other material notice given by Junior Lender under the Junior Loan Documents. Notwithstanding any contrary provision in the Junior Loan Documents, Senior Lender shall have the right, but shall not have any obligation, to cure any Junior Loan Default until ninety (90) days following Senior Lender’s receipt of an Enforcement Action Notice given by Junior Lender as a consequence of the Junior Loan Default. Senior Lender shall not be subrogated to the rights of Junior Lender under the Junior Loan Documents by reason of Senior Lender having cured any Junior Loan Default. However, Junior Lender acknowledges that all amounts advanced or expended by Senior Lender to cure a Junior Loan Default shall be added to and become a part of the Senior Indebtedness pursuant to the terms of the Senior Security Instrument. (c) In the event and to the extent that each of Senior Lender and Junior Lender have under their respective loan documents certain approval or consent rights over the same subject matters (regardless of whether the obligations or rights are identical or substantially identical), Junior Lender agrees that Senior Lender shall exercise such approval rights on behalf of both Senior Lender and Junior Lender, and Junior Lender shall have no right to object to any such action or approval taken by Senior Lender and shall consent thereto and be bound thereby. Without limiting the generality of the foregoing, Senior Lender shall have all approval, consent and oversight rights in connection with any insurance claims relating to the Property, any decisions regarding the use of insurance proceeds after a casualty loss or condemnation awards, the hiring or firing of property managers, or otherwise related in any way to the Property, and Junior Lender shall have no right to object to any such action or approval taken by Senior Lender and shall consent thereto and be bound thereby.
(d) Junior Lender agrees that in any action commenced to enforce the obligation of Borrower to pay any portion of the Junior Indebtedness, the judgment shall not be enforceable personally against Borrower or Borrower’s assets, and the recourse of Junior Lender for the collection of the Junior Indebtedness shall be limited to actions against the Property and the rents, profits, issues, products, and income from the Property.
(e) Junior Lender shall not commence or join with any other creditor in commencing any Bankruptcy Proceeding involving Borrower, and Junior Lender shall not initiate and shall not be a party to any action, motion or request, in a Bankruptcy Proceeding involving any other person or entity, which seeks the consolidation of some or all of the assets of Borrower into such Bankruptcy Proceeding. In the event of any Bankruptcy Proceeding relating to Borrower or the Property or, in the event of any Bankruptcy Proceeding relating to any other person or entity into which (notwithstanding the covenant in the first sentence of this clause) the assets or interests of Borrower are Subordination and Intercreditor Agreement 8 Harbor Point consolidated, then in either event, the Senior Loan shall first be paid in full before Junior Lender shall be entitled to receive and retain any payment or distribution in respect to the Junior Loan. Junior Lender agrees that (i) Senior Lender shall receive all payments and distributions of every kind or character in respect of the Junior Loan to which Junior Lender would otherwise be entitled, but for the subordination provisions of this Agreement (including without limitation, any payments or distributions during the pendency of a Bankruptcy Proceeding involving Borrower or the Property), and (ii) the subordination of the Junior Loan and the Junior Loan Documents shall not be affected in any way by Senior Lender electing, under Section 1111(b) of the federal bankruptcy code, to have its claim treated as being a fully secured claim. In addition, Junior Lender hereby covenants and agrees that, in connection with a Bankruptcy Proceeding involving Borrower, neither Junior Lender nor any of its affiliates shall (i) make or participate in a loan facility to or for the benefit of Borrower on a basis that is senior to or pari passu with the liens and interests held by Senior Lender pursuant to the Senior Loan Documents, (ii) not vote affirmatively in favor of any plan of reorganization or liquidation unless Senior Lender has also voted affirmatively in favor of such plan, and (iii) not contest the continued accrual of interest on the Senior Indebtedness, in accordance with and at the rates specified in the Senior Loan Documents, both for periods before and for periods after the commencement of such Bankruptcy Proceedings. Junior Lender shall execute and deliver to Senior Lender powers of attorney, assignments or other instruments as may be requested by Senior Lender in order to enable it to exercise the above-described authority or powers with respect to any or all of the Junior Loan Documents, and to collect and receive any and all payments or distributions which may be payable or deliverable at any time upon or with respect to any of the Junior Loan Documents to Junior Lender.
(f) Junior Lender covenants and agrees that the effectiveness of this Agreement and the rights of Senior Lender hereunder shall be in no way impaired, affected, diminished or released by any renewal or extension of the time of payment of the Senior Loan, by any delay, forbearance, failure, neglect or refusal of Senior Lender in enforcing payment thereof or in enforcing the lien of or attempting to realize upon the Senior Loan Documents or any other security which may have been given or may hereafter be given for the Senior Loan, by any waiver or failure to exercise any right or remedy under the Senior Loan Documents, or by any other act or failure to act by Senior Lender. Junior Lender acknowledges that Senior Lender, at its sole option, may release all or any portion of the Property from the lien of the Senior Security Instrument, and may release or waive any guaranty, surety or indemnity providing additional collateral to Senior Lender, and Junior Lender hereby waives any legal or equitable right in respect of marshaling it might have, in connection with any release of all or any portion of the Property by Senior Lender, to require the separate sales of any portion of the Property or to require Senior Lender to exhaust its remedies against any portion of the Property or any other collateral before proceeding against any other portion of the Property or other collateral (including guarantees) for the Senior Loan. Senior Lender may pursue all rights and remedies available to it under the Senior Loan Documents, at law, or in equity, regardless of any Enforcement Action Notice or Enforcement Action by Junior Lender.
At any time or from time to time and any number of times, without notice to Junior Lender and without affecting the liability of Junior Lender, (a) the time for payment of Subordination and Intercreditor Agreement 9 Harbor Point the Senior Indebtedness may be extended or the Senior Indebtedness may be renewed in whole or in part; (b) the time for Borrower’s performance of or compliance with any covenant or agreement contained in the Senior Loan Documents, whether presently existing or hereinafter entered into, may be extended or such performance or compliance may be waived; (c) the maturity of the Senior Indebtedness may be accelerated as provided in the Senior Loan Documents; (d) any Senior Loan Document may be extended, consolidated, modified or amended by Senior Lender and Borrower in any respect, including, but not limited to, an increase in the principal amount; and (e) any security for the Senior Indebtedness may be modified, exchanged, surrendered or otherwise dealt with or additional security may be pledged or mortgaged for the Senior Indebtedness. If, after the occurrence of a Senior Loan Default, Senior Lender acquires title to any of the Property pursuant to a mortgage foreclosure conducted in accordance with applicable law, the lien, operation, and effect of the Junior Security Instrument and other Junior Loan Documents automatically shall terminate with respect to such Property upon Senior Lender’s acquisition of title.
(g) Junior Lender acknowledges that it entered into the transactions contemplated by the Junior Loan Documents and made the Junior Loan to Borrower without reliance upon any information or advice from Senior Lender. Junior Lender made its own underwriting analysis in connection with the Junior Loan, its own credit review of Borrower, and investigated all matters pertinent, in Junior Lender’s judgment, to its determination to make the Junior Loan to Borrower. Junior Lender acknowledges that it is a sophisticated, experienced commercial lender, and was represented by competent counsel in connection with this Agreement.
(h) Junior Lender hereby represents and warrants that, as of the date hereof, the entire proceeds of the Junior Loan have been disbursed to Borrower. Junior Lender hereby further represents and warrants that: (i) Junior Lender is now the owner and holder of the Junior Loan Documents; (ii) the Junior Loan Documents are now in full force and effect; (iii) the Junior Loan Documents have not been modified or amended; (iv) no default or event which, with the passing of time or giving of notice would constitute a default, under the Junior Loan Documents has occurred; (v) the current outstanding principal balance of the Junior Indebtedness is [$910,000]; (vi) no scheduled monthly payments under the Junior Loan Documents have been or will be prepaid except with the prior written consent of Senior Lender; (vii) none of the rights of Junior Lender under any of the Junior Loan Documents are subject to the rights of any third parties, by way of subrogation, indemnification or otherwise; and (viii) there are no other Junior Loan Documents other than those listed on Exhibit B hereto. Borrower further represents and warrants that it has provided to Senior Lender a true, complete, and correct copy of all the Junior Loan Documents.
(i) Junior Lender hereby agrees that notwithstanding anything to the contrary in the Junior Loan Documents, for so long as the Senior Loan is outstanding, (i) the maturity date of the Junior Note shall occur no earlier than one (1) month after the maturity date of the Senior Note, and (ii) Borrower shall not be obligated to pay more than seventy-five percent (75%) of Excess Cash Flow (as defined herein) in payments Subordination and Intercreditor Agreement 10 Harbor Point under the Junior Note and under other debt subordinate to the Senior Loan. For the purposes hereof, the following definitions shall apply:
“Excess Cash Flow” shall mean, for any period, Gross Revenues for such period less the sum of (i) Expenses of the Property for such period, and (ii) without duplication, all amounts due on the Senior Loan Obligations for such period. “Expenses of the Property” shall mean, for any period, the current expenses, paid or accrued, of operation, maintenance and current repair of the Property, as calculated in accordance with GAAP, and shall include, without limiting the generality of the foregoing, salaries, wages, employee benefits, cost of materials and supplies, costs of routine repairs, renewals, replacements and alterations occurring in the usual course of business, costs and expenses properly designated as capital expenditures (e.g. repairs which would not be payable from amounts on deposit in a repair and replacement fund held pursuant to the Loan Documents), a management fee (however characterized) not to exceed [___%] of Gross Revenues, costs of billings and collections, costs of insurance, and costs of audits. Expenses of the Property shall not include any payments, however characterized, on account of the Junior Loan or any other subordinate financing in respect of the Property or other indebtedness, allowance for depreciation, amortization or other non-cash items, gains and losses or prepaid expenses not customarily prepaid. “Gross Revenues” shall mean all receipts, revenues, income and other moneys received by or on behalf of Borrower and derived from the ownership or operation of the Property, and all rights to receive the same, whether in the form of accounts, accounts receivable, contract rights or other rights, and the proceeds of such rights, and whether now owned or held or hereafter coming into existence and proceeds received upon the foreclosure sale of the Property. Gross Revenues shall not include loan proceeds, equity or capital contributions, or tenant security deposits being held by Borrower in accordance with the applicable law.
“Senior Loan Obligations” shall mean and includes, collectively, and without limitation, each of the following: (A) all debt service payments due on the Senior Indebtedness, (B) all obligations of Borrower under the Senior Loan Documents, (C) all capital expenditures required for the proper maintenance of the Property in accordance with the Senior Loan Documents, as calculated by Borrower in accordance with customarily accepted cash basis accounting principles, consistently applied, and in accordance with the terms of the Senior Loan Documents; (D) all amounts required to be deposited into any replacement reserve, completion/repair reserve, operating deficit reserve, principal repayment reserve, replacement hedge reserve or other reserve or escrow established or required by Senior Lender or Servicer in connection with the Senior Loan and the Senior Loan Documents, including the Senior Security Instrument, and (E) all fees, costs and expenses of Senior Lender and Servicer in connection with the Senior Loan.
Subordination and Intercreditor Agreement 11 Harbor Point
4. Standstill Agreement; Right to Cure Senior Loan Default. (a) Until such time as any of the Senior Indebtedness has been repaid in full and the Senior Security Instrument has been released and discharged, Junior Lender shall not without the prior written consent of Senior Lender, which may be withheld in Senior Lender’s sole and absolute discretion, take any Enforcement Action, including, without limitation, (i) accelerate the Junior Loan, (ii) exercise any of Junior Lender’s remedies under the Junior Security Instrument or any of the other Junior Loan Documents (including, without limitation, the commencement of any judicial or non-judicial action or proceeding (a) to enforce any obligation of Borrower under any of the Junior Loan Documents, (b) to collect any monies payable to Borrower, (c) to have a receiver appointed to collect any monies payable to Borrower; or (d) to foreclose the lien(s) created by the Junior Security Instrument) or (iii) file or join in the filing of any involuntary Bankruptcy Proceeding against Borrower or any person or entity which owns a direct or indirect interest in Borrower; provided, however, that such limitation on the remedies of Junior Lender shall not derogate or otherwise limit Junior Lender’s rights, following an event of default under the Junior Loan Documents to (a) compute interest on all amounts due and payable under the Junior Loan at the default rate described in the Junior Loan Documents, (b) compute prepayment premiums and late charges, and (c) enforce against any person, other than Borrower and any guarantors or indemnitors under the Senior Loan Documents, any guaranty of the obligations of Borrower under the Junior Loan.
(b) Senior Lender shall, simultaneously with the sending of any notice of a Senior Loan Default to Borrower, send to Junior Lender a copy of said notice under the Senior Loan Documents; provided, however, failure to do so shall not affect the validity of such notice or any obligation of Borrower to Senior Lender and shall not affect the relative priorities between the Senior Loan and the Junior Loan as set forth herein.
Borrower covenants and agrees to forward to Junior Lender, within three (3) business days of Borrower’s receipt thereof, a copy of any notice of a Senior Loan Default Borrower receives from Senior Lender.
(c) Junior Lender shall have the right, but shall have no obligation, to cure any Senior Loan Default; provided, if Junior Lender shall elect to cure any such Default, it shall so notify Senior Lender and shall commence and complete such curing within any applicable notice or grace period, if any, as Borrower is permitted by the terms of the Senior Loan Documents to cure such Senior Loan Default. Junior Lender shall not be subrogated to the rights of Senior Lender under the Senior Loan Documents by reason of Junior Lender having cured any Senior Loan Default. However, Senior Lender acknowledges that, to the extent so provided in the Junior Loan Documents, amounts advanced or expended by Junior Lender to cure a Senior Loan Default may be added to and become a part of the Junior Indebtedness.
(d) Junior Lender agrees that, notwithstanding any contrary provision contained in the Junior Loan Documents, a Senior Loan Default shall not constitute a default under the Junior Loan Documents if no other default occurred under the Junior Loan Documents.
Subordination and Intercreditor Agreement 12 Harbor Point (e) Junior Lender acknowledges that any conveyance or other transfer of title to the Property pursuant to a foreclosure of the Junior Security Instrument (including a conveyance or other transfer of title pursuant to the exercise of a power of sale contained in the Junior Security Instrument), or any deed or assignment in lieu of foreclosure or similar arrangement, shall be subject to the transfer provisions of the Senior Loan Documents; and the person (including Junior Lender) who acquires title to the Property pursuant to the foreclosure proceeding (or pursuant to the exercise of a power of sale contained in the Junior Security Instrument) shall not be deemed to be automatically approved by Senior Lender.
5. Insurance. Junior Lender agrees that all original policies of insurance required pursuant to the Senior Security Instrument shall be held by Senior Lender. The preceding sentence shall not preclude Junior Lender from requiring that it be named as a loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Property, provided such action does not affect the priority of payment of the proceeds of property damage insurance under the Senior Security Instrument, or that it be named as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Property.
6. Default. Junior Lender and Borrower acknowledge and agree that a default by either such party under this Agreement shall, at the sole option of Senior Lender, constitute a default under the Senior Loan Documents. Each party hereto acknowledges that in the event any party fails to comply with its obligations hereunder, the other parties shall have all rights available at law and in equity, including the right to obtain specific performance of the obligations of such defaulting party and injunctive relief. No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy hereunder.
7. Enforcement Costs. Borrower and Junior Lender agree to reimburse Senior Lender for any and all costs and expenses (including reasonable attorneys’ fees) incurred by Senior Lender in connection with enforcing its rights against Junior Lender under this Agreement.
8. Notices. Any notice which any party hereto may be required or may desire to give hereunder shall be deemed to have been given and shall be effective only if it is in writing and (i) delivered personally, (ii) mailed, postage prepaid, by United State registered or certified mail, return receipts requested, (iii) delivered by overnight express courier or (iv) sent by telecopier, in each instance addressed as follows:
To Junior Lender: City of Crescent City
377 J Street
Crescent City, California 95531
Attention: City Manager
Subordination and Intercreditor Agreement 13 Harbor Point If to Senior Lender: Citibank, N.A.
388 Greenwich Street, Trading 4
th Floor
New York, New York 10013
Attention: Transaction and Asset Management Group
Re: Harbor Point Deal ID No. 50011135
Facsimile: (212) 723-8209
With a copy to: Citibank, N.A.
325 East Hillcrest Drive, Suite 160
Thousand Oaks, California 91360
Attention: Operations Manager/Asset Manager
Re: Harbor Point Deal ID No. 50011135
Facsimile: (805) 557-0924
Prior to the Conversion
Date, with a copy to:
Citibank, N.A.
388 Greenwich Street, Trading 4
th Floor
New York, New York 10013
Attention: Account Specialist
Re: Harbor Point Deal ID No. 50011135
Facsimile: (212) 723-8209]
Following the Conversion
Date, with a copy to:
Citibank N.A.
c/o Berkadia Commercial Servicing Department
323 Norristown Road, Suite 300
Ambler, Pennsylvania 19002
Attention: Client Relations Manager
Re: Harbor Point Deal ID No. 50011135
Facsimile: (215) 328-0305
And a copy of any notices
of default sent to:
Citibank, N.A.
388 Greenwich Street, 17th Floor
New York, New York 10013
Attention: General Counsel’s Office
Re: Harbor Point Deal ID No. 50011135
Facsimile: (646) 291-5754
or at such other addresses or to the attention of such other persons as may from time to time be designated by the party to be addressed by written notice to the other in the manner herein provided. Notices, demands and requests given in the manner aforesaid shall be deemed sufficiently served or given for all purposes hereunder when received or when delivery is refused or when the same are returned to sender for failure to be called for.
9. WAIVER OF TRIAL BY JURY. TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, EACH OF THE PARTIES HERETO (A)
COVENANTS AND AGREES NOT TO ELECT A TRIAL BY JURY WITH RESPECT TO
ANY ISSUE ARISING OUT OF THIS AGREEMENT OR THE RELATIONSHIP BETWEEN
THE PARTIES THAT IS TRIABLE OF RIGHT BY A JURY AND (B) WAIVES ANY RIGHT Subordination and Intercreditor Agreement 14 Harbor Point
TO TRIAL BY JURY WITH RESPECT TO SUCH ISSUE TO THE EXTENT THAT ANY SUCH RIGHT EXISTS NOW OR IN THE FUTURE. THIS WAIVER OF RIGHT TO TRIAL
BY JURY IS SEPARATELY GIVEN BY EACH PARTY, KNOWINGLY AND VOLUNTARILY WITH THE BENEFIT OF COMPETENT LEGAL COUNSEL.
10. Term. The term of this Agreement shall commence on the date hereof and shall continue until the earliest to occur of the following events: (i) the payment of all of the principal of, interest on and other amounts payable under the Senior Loan Documents; (ii) the payment of all of the principal of, interest on and other amounts payable under the Junior Loan Documents, other than by reason of payments which Junior Lender is obligated to remit to Senior Lender pursuant to the terms hereof; (iii) the acquisition by Senior Lender of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a power of sale contained in) the Senior Security Instrument; or (iv) the acquisition by Junior Lender of title to the Property pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a power of sale contained in) the Junior Security Instrument, but only if such acquisition of title does not violate any of the terms of this Agreement.
11. Miscellaneous.
(a) Junior Lender shall, within ten (10) business days following a request from Senior Lender, provide Senior Lender with a written statement setting forth the then current outstanding principal balance of the Junior Loan, the aggregate accrued and unpaid interest under the Junior Loan, and stating whether, to the knowledge of Junior Lender, any default or event of default exists under the Junior Loan, and containing such other information with respect to the Junior Indebtedness as Senior Lender may require.
Upon notice from Senior Lender from time to time, Junior Lender shall execute and deliver such additional instruments and documents, and shall take such actions, as are required by Senior Lender in order to further evidence or effectuate the provisions and intent of this Agreement.
(b) This Agreement shall bind and inure to the benefit of all successors and assigns of Junior Lender and Senior Lender. Senior Lender may assign its interest in the Senior Loan Documents without notice to or consent of Junior Lender. Junior Lender may only assign its rights and interests hereunder following the prior written consent of Senior Lender, which consent may be withheld or conditioned in its sole and absolute discretion.
(c) Senior Lender hereby consents to the Junior Loan and the Junior Loan Documents; provided, however, that this Agreement does not constitute an approval by Senior Lender of the terms of the Junior Loan Documents. Junior Lender hereby consents to the Senior Loan and the Senior Loan Documents; provided, however, that this Agreement does not constitute an approval by Junior Lender of the terms of the Senior Loan Documents.
(d) This Agreement may be executed in multiple counterparts, each of which shall constitute an original document and all of which together shall constitute one agreement.
Subordination and Intercreditor Agreement 15 Harbor Point (e) IN ALL RESPECTS, INCLUDING, WITHOUT LIMITATION,
MATTERS OF CONSTRUCTION AND PERFORMANCE OF THIS AGREEMENT
AND THE OBLIGATIONS ARISING HEREUNDER, THIS AGREEMENT HAS
BEEN ENTERED INTO AND DELIVERED IN, AND SHALL BE CONSTRUED IN
ACCORDANCE WITH AND GOVERNED BY, THE LAWS OF THE STATE WHERE
THE PROPERTY IS LOCATED, WITHOUT GIVING EFFECT TO ANY
PRINCIPLES OF CONFLICTS OF LAW.
(f) Time is of the essence in the performance of every covenant and agreement contained in this Agreement.
(g) If any provision or remedy set forth in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision or remedy of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision or remedy had never been set forth herein, but only to the extent of such invalidity, illegality or unenforceability.
(h) Each party hereto hereby represents and warrants that this Agreement has been duly authorized, executed and delivered by it and constitutes a legal, valid and binding agreement enforceable in all material respects in accordance with its terms. (i) Borrower hereby acknowledges and consents to the execution of this Agreement, and agrees to be bound by the provisions hereof that are applicable to Borrower. Solely as between Senior Lender and Junior Lender, all of the signatories below hereby agree that to the extent of any conflict between the terms and provisions of this Agreement and the terms and provisions of the Senior Loan Documents and/or the Junior Loan Documents respectively, the terms and provisions of this Agreement shall govern and control. By executing this Agreement in the place provided below, Borrower hereby (i) acknowledges the provisions hereof, (ii) agrees not to take any action inconsistent with Senior Lender’s rights or Junior Lender’s rights under this Agreement, (iii) waives and relinquishes to the maximum extent permitted by law any and all rights, defenses and claims now existing or hereinafter accruing relating to Junior Lender’s forbearance from exercising any rights and remedies pursuant to Section 4 of this Agreement, including, without limitation, any defenses based on the statute of limitations or any equitable defenses, such as laches, and (iv) acknowledges and agrees that (A) this Agreement is entered into for the sole protection and benefit of Senior Lender and Junior Lender (and their respective successors, assigns and participants), and no other person (including Borrower) shall have any benefits, rights or remedies under or by reason of this Agreement, (B) nothing in this Agreement is intended, or shall be construed to, relieve or discharge the obligations or liabilities of any third party (including Borrower under the Senior Loan Documents and the Junior Loan Documents), (c) neither of them nor any of their affiliates shall be, or be deemed to be, beneficiaries of any of the provisions hereof or have any rights hereunder whatsoever, and (D) no provision of this Agreement is intended to, or shall be construed to, give any such third party (including Borrower) any right subrogating to the rights of, or action against, Senior Lender or Junior Lender.
Subordination and Intercreditor Agreement 16 Harbor Point (j) No amendment, supplement, modification, waiver or termination of this Agreement shall be effective against any party unless such amendment, supplement, modification, waiver or termination is contained in a writing signed by such party. (k) No party other than Senior Lender and Junior Lender shall have any rights under, or be deemed a beneficiary of any of the provisions of, this Agreement. (l) Nothing herein or in any of the Senior Loan Documents or Junior Loan Documents shall be deemed to constitute Senior Lender as a joint venturer or partner of Junior Lender.
12. Attached Exhibits.
The following Exhibits are attached to this Agreement and are incorporated by reference herein as if more fully set forth in the text hereof:
Exhibit A – Legal Description
Exhibit B – Junior Loan Documents
Exhibit C – Modifications to Subordination and Intercreditor Agreement The terms of this Agreement are modified and supplemented as set forth in said Exhibits.
To the extent of any conflict or inconsistency between the terms of said Exhibits and the text of this Agreement, the terms of said Exhibits shall be controlling in all respects. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Subordination and Intercreditor Agreement S-1 Harbor Point IN WITNESS WHEREOF, the undersigned have duly executed and delivered this Subordination and Intercreditor Agreement or caused this Subordination and Intercreditor Agreement to be duly executed and delivered by their respective authorized representatives as of the date first set forth above.
JUNIOR LENDER:
CITY OF CRESCENT CITY
By:
Name:
Title:
[INSERT NOTARIAL ACKNOWLEDGEMENT]
Subordination and Intercreditor Agreement S-2 Harbor Point SENIOR LENDER:
CITIBANK, N.A.
By:
Name:
Title:
Deal ID No. 50011135
[INSERT NOTARIAL ACKNOWLEDGEMENT]
Subordination and Intercreditor Agreement S-3 Harbor Point ACKNOWLEDGED AND AGREED AS OF THE DATE FIRST SET FORTH ABOVE:
BORROWER:
CRESCENT CITY H STREET LP, a California
limited partnership
By: Crescent City H Street LLC, a California
limited liability company, its Administrative
General Partner
By: Danco Communities, a California
corporation, its Manager
By:
Name: Daniel J. Johnson
Title: President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General
Partner
By:
Name: David Rutledge
Title: President
[INSERT NOTARIAL ACKNOWLEDGMENTS]
Subordination and Intercreditor Agreement A-1 Harbor Point
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Crescent City, County of Del Norte, State of California, described as follows:
[To be inserted].
Subordination and Intercreditor Agreement B-1 Harbor Point
EXHIBIT B
JUNIOR LOAN DOCUMENTS
1. Note, dated as of [the Closing Date], made by Borrower to Junior Lender.
2. Disposition and Development Agreement, dated as of July 31, 2023, by and between Borrower and Junior Lender.
3. Affordable Housing Covenant, dated as of [the Closing Date], by and between Junior Lender and Borrower.
4. [Subordinate Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing] dated as of [the Closing Date], made by Borrower for the benefit of Junior Lender.
Subordination and Intercreditor Agreement C-1 Harbor Point
EXHIBIT C
MODIFICATIONS TO
SUBORDINATION AND INTERCREDITOR AGREEMENT
The following modifications are made to the text of the Agreement that precedes this Exhibit:
None.
Capitalized terms used and not defined herein shall have the respective meanings ascribed to them in the Agreement.
PROMISSORY NOTE
$4,750,000.00 April __, 2024
FOR VALUE RECEIVED, CRESCENT CITY H STREET LP, a California limited partnership (the “Maker”), having an address of 5251 Ericson Way, Arcata, CA 95521, promises to pay CITY OF CRESCENT CITY (“Holder”), the principal sum not to exceed FOUR MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($4,750,000.00), together with simple interest at the rate of three percent (3%) per annum, pursuant to the terms and conditions set forth below.
1. This Note is made in connection with the award of Permanent Local Housing Allocation (“PLHA”) funds from the California Department of Housing and Community Development (“HCD”) to the Holder pursuant to that certain Standard Agreement No. 22- PLHACOM-______ between HCD, Holder, and Danco Communities dated ________________ (“Standard Agreement”) and the loan of the PLHA funds from the Holder to the Maker for construction of a low-income senior apartment complex (the “Housing Project”) on certain real property located in Crescent City, California (the “Site”).
2. Payment of this Note is secured by a Deed of Trust, Fixture Filing, and Assignment of Rents with an Addendum thereto (collectively, the “Deed of Trust”) from Maker to Holder recorded against the Site.
3. This Note shall be due and payable in full fifty-five (55) years from the date hereof.
Payments of interest and principal shall be made to the City from “Residual Receipts” which is hereinafter defined. Starting on or before June 1 of the year following the year in which the Project receives its Certificate of Completion, and to the extent there are Residual Receipts (as defined below) available from the Housing Project, Maker shall pay to Holder on an annual basis payments equal to fifty percent (50%) of Residual Receipts to be shared pro rata with all other agency lenders receiving payments from Residual Receipts . All payments made hereunder shall be credited first to any accrued but unpaid interest, then to current interest due and owing and lastly to principal.
Interest not paid current shall accrue and shall not be compounded. Any outstanding balance of principal and interest owing under this Note shall be due and payable in full fifty-five (55) years from the date hereof.
4. “Residual Receipts” for purposes of this Note shall mean the sum of money computed as follows:
(a) All rents, revenues, consideration or income, excluding security deposits) derived by Maker in connection with or relating to the ownership or operation of the Housing Project, including any revenue derived from any refinancing of the Housing Project, less all of the following: (i) all customary and reasonable costs and expenses in connection with the operation and maintenance of the Housing Project; (ii) a property management fee (previously approved by Holder); (iii) principal and interest paid by Maker on account of any senior institutional loan(s); (iv) amounts (previously approved by Holder) expended to restore the Housing Project after a casualty loss or condemnation; (v) reasonable and customary cost for accounting and auditing the books and records of the Project; (vi) an administrative fee charged by a tax credit investment partner (“Investor Asset Management Fee”) not to exceed $7500 annually (which may escalate by 3% annually); (vii) a management fee (“Partnership Management Fee”) not to exceed $5000 (which may escalate by 3% annually), provided such management fee is paid to the general partner for performing its general partnership duties, including but not limited to the following: reviewing the monthly operating budget; overseeing the performance of the property manager; meetings, coordination and conflict resolution with the adjacent property owner; review and approval of the annual operating budget; prepare, review and approval of annual partnership reports; review and approval of tax returns; coordination with the Maker’s investor limited partner (“Tax Credit Investor”); and resolution of miscellaneous issues normally associated with the ownership and operation of multi-family housing; (viii) a managing general partner fee not to exceed $2700 (which may escalate by 3% annually); (ix) any deferred developer fee owed to an affiliate of the general partner of Maker under Maker's Partnership Agreement; (x) amounts (previously approved by Holder) reserved by Maker as an operating contingency reserve account and a replacement reserve account (and deposited in an account approved by Holder) for the Housing Project; (xi) tax credit adjuster payments due to the Tax Credit Investor under the Maker’s partnership agreement, and (xii) payment of unsecured partner loans in accordance with Maker’s partnership agreement.
(b) Notwithstanding the generality of the foregoing, the following items are not expenses or deductible in computing Residual Receipts:
(i) Payment of any fees or expenses or of any portion of the Residual Receipts to Maker or any affiliate of Maker, other than the Partnership Management Fee paid to the general partner for performing its general partnership duties (as described in subsection (a), above);
(ii) Income taxes imposed upon Maker's income;
(iii) Payment of interest on any indebtedness of Maker to any affiliate of Maker (individual or entity) or to any other third-party lender or partner not otherwise approved by Holder; and
(iv) Depreciation, cost recovery, amortization and similar items which do not involve the expenditure of cash.
5. Maker shall deliver annual balance sheets and income statements showing all revenues and expenses of the Housing Project. An audited financial statement shall be delivered within one hundred eighty (180) days of the end of each calendar year along with payment of the Residual Receipts. Holder shall have the right to inspect and audit Maker's books and records concerning the calculation of Residual Receipts within thirty (30) days from receipt of Maker's statement. Failure to timely object shall be deemed acceptance. If Holder does object, Holder shall specify the reasons for disapproval. Maker shall have thirty (30) days to reconcile any disapproved item. If Maker and Holder cannot agree on the amount of the Residual Receipts, an independent auditor mutually selected by Maker and Holder shall resolve any disputed items. The cost of the auditor shall be shared equally by Maker and Holder.
6. Maker shall prepare and submit to Holder a proposed annual operating budget for the management and operation of the Housing Project for the following calendar year by no later than November 1 of each year until this Note is paid in full. The proposed budget shall include a line item showing the projected Residual Receipts from the Housing Project for the year. Holder will review the proposed budget and, if acceptable, approve it, which approval shall not be unreasonably withheld. If the budget is not acceptable, Holder shall specify the reasons for disapproval. The intent of this paragraph is to provide Holder an opportunity to disapprove any unreasonable expenses which would diminish the Residual Receipts from the Housing Project.
Once approved, any changes to the budget which exceed ten percent (10%) of the total budget shall require Holder's prior written consent, which consent shall not be unreasonably withheld.
7. Notwithstanding anything to the contrary provided herein, in the event that the Housing Project is in material default under the terms of the Affordable Housing Covenant or the Tax Credit Financing provisions such that the affordability restrictions are no longer in effect, or if there shall have been an uncured event of default under this Note or the Deed of Trust securing this Note after the passage of applicable notice and cure periods, then the entire unpaid principal of this Note and accrued interest thereon shall be immediately due and payable.
8. Any payments due hereunder shall be made in lawful money of the United States to the City of Crescent City, 377 J Street, Crescent City, California 95531. The place of payment may be changed from time to time as the Holder may from time to time designate in writing.
9. Maker hereby covenants and agrees that it shall maintain, or cause to be maintained; the Site in a manner consistent with the provisions set forth therefor in the Crescent City Municipal Code, and shall keep the entire Site reasonably free from any accumulation of debris or waste materials prior to and after construction.
If, at any time, Maker fails to maintain the Site, and has either failed to commence to cure such condition or to diligently prosecute to completion the condition or the condition is not corrected after expiration of thirty (30) days from the date of written notice from Holder to Maker, Holder may perform the necessary corrective maintenance, and Maker shall pay such costs as are reasonably incurred for such maintenance. The Holder shall have the right to place a lien on the property should Maker not reimburse Holder for such costs within sixty (60) days following Holder's written demand to Maker for reimbursement of such costs. Maker, on behalf of itself its heirs, successors and assigns, hereby grants to Holder and its officers, employees and agents, an irrevocable license to enter upon the Site to perform such maintenance during normal business hours after receipt of written notice from Holder as hereinabove described and Maker's failure to cure or remedy such failure within sixty (60) days of such notice. Any such entry shall be made only after reasonable notice to Maker, and Holder shall indemnify and hold Maker harmless from any claims or liabilities pertaining to any such entry by Holder.
Failure by Maker to maintain the Site in the condition provided in this Section 9 may, in Holder's reasonable discretion, constitute a default under this Note and the related Deed of Trust.
The foregoing covenants shall remain in effect for the Site for a period of fifty-five (55) years from the date of this Note, or until all amounts due Holder hereunder are paid in full, whichever is later.
10. The occurrence of any of the following shall constitute an event of default under this Note: (i) Maker fails to pay any amount due hereunder within fifteen (15) days of its due date; (ii) Any default by Maker under this Note, the Deed of Trust or the Standard Agreement after the expiration of applicable notice and cure periods; (iii) Any default by Maker under any other document affecting the Housing Project or Site, including without limitation any document executed by Maker in connection with the Tax Credit Financing, after the expiration of any applicable notice or cure periods provided therein; (iv) except for transfers that are permitted pursuant to Section 3 of that certain Affordable Housing Covenant between Maker and Holder to be entered into concurrently herewith, the sale, transfer or other conveyance of all or any part of the Site or Housing Project, or any interest in it, without Holder's prior written consent, which shall not be unreasonably withheld.
Upon the occurrence of any event of default, or at any time thereafter, at the option of the Holder hereof and without notice, the entire unpaid principal and interest owing on this Note shall become immediately due and payable. This option may be exercised at any time following any such event, and the acceptance of one or more installments thereafter shall not constitute a waiver of Holder's option. Holder's failure to exercise such option shall not constitute a waiver of such option with respect to any subsequent event. Holder's failure in the exercise of any other right or remedy hereunder or under any agreement which secures the indebtedness or is related thereto shall not affect any right or remedy and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof.
11. At all times when Maker is in default hereunder by reason of Maker's failure to pay principal due under this Note or any amounts due under any loan documents securing this Note, the interest rate on the sums as to which Maker is in default (including principal, if Holder has elected to declare it immediately due and payable), shall be the lower of the highest rate then allowed by law or two percent (2%) over the prime interest rate announced by Wells Fargo Bank, N.A., as of the date of the default.
12. Maker and any endorsers hereof and all others who may become liable for all or any part of this obligation, severally waive presentment for payment, demand and protest and notice of protest, and of dishonor and nonpayment of this Note, and expressly consent to any extension of the time of payment hereof or of any installment hereof, to the release of any party liable for this obligation, and any such extension or release may be made without notice to any of said parties and without any way affecting or discharging this liability.
13. Maker agrees to pay immediately upon demand all costs and expenses of Holder including reasonable attorneys' fees, (i) if after default this Note be placed in the hands of an attorney or attorneys for collection, (ii) if after a default hereunder or under the Deed of Trust, the Standard Agreement or under any loan document referred to herein Holder finds it necessary or desirable to secure the services or advice of one or more attorneys with regard to collection of this Note against Maker, any guarantor or any other party liable therefore or to the protection of its rights under this Note, the Deed of Trust, the Standard Agreement or other loan document, or (iii) if Holder seeks to have the Site abandoned by or reclaimed from any estate in bankruptcy, or attempts to have any stay or injunction prohibiting the enforcement or collection of the Note or prohibiting the enforcement of the Deed of Trust or any other agreement evidencing or securing this Note lifted by any bankruptcy or other court.
14. If Holder shall be made a party to or shall reasonably intervene in any action or proceeding, whether in court or before any governmental agency, affecting the property or the title thereto or the interest of the Holder under the Deed of Trust, including, without limitation, any form of condemnation or eminent domain proceeding, Holder shall be reimbursed by maker immediately upon demand for all costs, charges and attorneys' fees incurred by Holder in any such case, and the same shall be secured by the Deed of Trust as a further charge and lien upon the Site.
15. Payment of this Note is secured solely by the Deed of Trust recorded against the Site and all improvements thereon, without recourse of any kind against Maker or its constituent entities or limited partners.
16. Any notices provided for in this Note shall be given by mailing such notice by certified mail, return receipt requested, at the address stated in this Note or at such other address as either party may designate in written notice. Copies of any notices given under this Note shall be sent as follows:
To City: City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Manager
To Maker: Crescent City H Street LP
5251 Ericson Way
Arcata, California 95521
Attn: Christopher Dart
With a copy to:
[Investor]
c/o Red Stone Equity Partners, LLC
90 Park Avenue, 28th Floor
New York, NY 10016
Attention: General Counsel
17. This Note shall be binding upon Maker, its successors and assigns.
18. This Note shall be construed in accordance with and be governed by the laws of the State of California.
19. If any provision of this Note shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the Maker has executed this Note effective as of the date first above written.
CRESCENT CITY H STREET LP,
a California limited partnership
By: Crescent City H Street LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
Its Manager
By:
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General Partner
By:
David Rutledge
President
RECORDING REQUESTED BY
First American Title Insurance Company
AND WHEN RECORDED MAIL TO:
City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Manager
_______________________________________________________________________ (Space Above This Line For Recorder's Use)
DEED OF TRUST,
FIXTURE FILING, AND ASSIGNMENT OF RENTS
THIS DEED OF TRUST, FIXTURE FILING, AND ASSIGNMENT OF RENTS (“Deed of Trust”) is made on this ___ day of April, 2024 by CRESCENT CITY H STREET LP, a California limited partnership, as trustor (“Borrower”) FIRST AMERICAN TITLE INSURANCE COMPANY (“Trustee”), for the benefit of CITY OF CRESCENT CITY, a California municipal corporation (“Lender”).
The Borrower, in consideration of the indebtedness recited and the trust created in this Deed of Trust, irrevocably grants and conveys to Trustee, in trust, with power of sale all of its right title and interest in and to that certain real property located in the City of Crescent City, County of Del Norte, State of California, legally described in “Exhibit A” attached hereto and made a part hereof.
Together with all of the improvements now or hereafter erected on said property, and all easements, rights, appurtenances, rents (subject, however, to the rights and authorities given in this Deed of Trust to the Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to said property, all of which including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property are referred to in this Deed of Trust as the “Property”; This Deed of Trust constitutes a financing statement filed as a fixture filing under Article 9 of the California Uniform Commercial Code, as amended or recodified from time to time, covering any property which now is or later may become fixtures attached to the Property.
For this purpose, Borrower is debtor and Lender is secured party. 2 Error! Unknown document property name.
To secure for the benefit of Lender the repayment of the indebtedness evidenced by the Borrower's promissory note dated April __, 2024 (the “Note”) in the principal sum of $4,750,000 and the performance of the covenants and agreements of the Borrower contained in this Deed of Trust, the Note, and that certain Affordable Housing Covenant to be entered into between Lender and Borrower and recorded in the Official Records of Del Norte County concurrently herewith.
Borrower covenants and agrees as follows:
1. PAYMENT OF PRINCIPAL AND INTEREST. Borrower shall pay when due the interest and the principal of the indebtedness evidenced by the Note from the sources and pursuant to the terms of the Note.
2. COMPLIANCE WITH SENIOR DEED OF TRUST. Borrower covenants and agrees to comply with the terms and conditions of any senior deeds of trust recorded against the Property (collectively, the “Senior Encumbrances”).
3. CHARGES AND LIENS. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust. Borrower shall promptly pay when due all installments or payments required by Lender and comply with all obligations of any deed of trust that is prior to this Deed of Trust.
4. INSURANCE PROCEEDS. Any insurance proceeds received as a result of damage to the Property from fire or other calamity shall be first expended as required by any Senior Encumbrances.
5. PROTECTION OF LENDER'S SECURITY. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects the Lender's interest in the Property, including, but not limited to, default on or foreclosure of a prior deed of trust, eminent domain, insolvency, code enforcement, or arrangement or proceedings involving a bankrupt or decedent, then the Lender at Lender's option, upon notice to the Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect the Lender's interest including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs, but shall have no right of reimbursement.
6. INSPECTION. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that the Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to the Lender's interest in the Property.
7. CONDEMNATION. Subject to the rights of the holder of a prior deed of trust, the proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be treated as if received from a sale of the Property. The proceeds shall be applied to the sums to be repaid in 3 Error! Unknown document property name.
the amount and manner described in the Senior Encumbrances and the documents evidencing the indebtedness secured thereby. Any part of the proceeds remaining after these amounts have been paid shall be paid to the Borrower. In the event of a partial taking of the Property, unless Borrower and Lender agree in writing, the proceeds shall be treated as if received from a sale of that portion of the Property which is taken in the condemnation. The percentage value of the portion taken, as compared to the full value of the entire Property, shall be determined by dividing the condemnation proceeds by the fair market value of the entire Property just prior to the taking. This percentage value, once determined, shall be used in the following manner to allocate the condemnation proceeds:
a. First, to the payment of any amount owing under the Senior Encumbrances and the documents evidencing the indebtedness secured thereby; b. Second, to payment of the Note;
c. Third, to the Borrower.
8. BORROWER NOT RELEASED. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by the Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or modification of amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest.
9. FORBEARANCE BY LENDER NOT A WAIVER. Any forbearance by the Lender in exercising any right or remedy hereunder, otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust.
10. REMEDIES CUMULATIVE. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively.
11. SUCCESSORS AND ASSIGNS BOUND; CAPTIONS. The covenants and agreements contained in this Deed of Trust shall bind, and the rights hereunder shall, subject to Section 14 hereof, inure to the benefit of, the respective successors and assigns of Lender and Borrower. The captions and headings of the Sections of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
12. NOTICE. Except for any notice required under applicable law to be given in another manner, any notice to Borrower or Lender provided for in this Deed of Trust shall be given at the addresses provided in the Note and may be given by certified mail or reputable overnight delivery service.
4 Error! Unknown document property name.
13. GOVERNING LAW; SEVERABILITY. This Deed of Trust shall be governed by the laws of the State of California. In the event that any provision or clause of this Deed of Trust or the Note as incorporated herein conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable.
14. TRANSFER OF THE PROPERTY. If all or any of the Property is sold or conveyed by Borrower, then the sums secured by this Deed of Trust shall be immediately due and payable. In the event of such an acceleration, Lender shall send Borrower written notice of the acceleration in accordance with Section 12 hereof. Such notice shall provide a period of not less than 60 days from the date the notice is mailed within which the Borrower may pay the sums due. If the Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by Section 15 hereof.
15. OTHER ACCELERATION; REMEDIES Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust or the Note (including covenants to pay sums when due---but excluding the covenants to pay, when due, any sums secured by this Deed of Trust by acceleration upon sale or conveyance which is governed by Section 14 above and any sums payable upon the maturity date of the Note), Lender shall mail notice to Borrower as provided in Section 12 hereof specifying: (a) the breach; (b) a date by which such breach must be cured (which must be at least 30 days after the date of the notice); and (c) that failure to cure such breach on or before the date specified in the notice will result in acceleration of the sums secured by this Deed of Trust and sale of the Property. If the breach is not cured on or before the date specified in the notice, the Lender, at its option, may seek remedies under applicable law, including foreclosure. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing such remedies, including, but not limited to, reasonable attorneys’ fees.
Subject to the terms and conditions provided herein, if Lender invokes the power of sale, the Lender shall also execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause Property to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Lender or Trustee shall mail copies of such notice in a manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Lender or Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prime facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee and attorneys' fees and costs of title evidence; 5 Error! Unknown document property name.
(b) to all sums secured by this Deed of Trust, as evidenced by the Note; and (c) the excess, if any, to the person or persons legally entitled thereto.
16. BORROWER'S RIGHT TO REINSTATE. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower shall have the right to have any proceedings begun by Lender to enforce covenants of this Deed of Trust relating to sums due and payable by Borrower discontinued at any time prior to five days before the Property is scheduled for sale pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in Section 15 hereof, including, but not limited to reasonable attorneys' fees; (c) Borrower takes such actions as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property, and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.
17. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. As additional security hereunder, subject to the rights of senior lien holders, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under Section 14 or 15 hereof (as applicable), have the right to collect such rents as they become due. Upon acceleration under Section 14 or 15 hereof (as applicable) or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of, rent and manage the Property and to collect the rents of the Property. All rents collected by the Lender or by a judicially appointed receiver shall be applied first to payment of the cost of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account for those rents actually received and expenditures actually incurred.
18. RECONVEYANCE. Upon payment of all sums evidenced by the Note and secured by this Deed of Trust, Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any.
19. SUBSTITUTE TRUSTEE. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to act as Trustee under this Deed of Trust.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee in this Deed of Trust and by applicable law.
20. REQUEST FOR NOTICES. Borrower requests that copies of the notice of default and notice of sale be sent to the Borrower's address and to Borrower’s investor limited partners at the address set forth in Section 16 of the Note. 6 Error! Unknown document property name.
21. STATEMENT OF OBLIGATION. The Lender may collect a fee not to exceed $15.00 for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of the State of California.
22. SUBORDINATION ACKNOWLEDGMENT. Beneficiary hereby acknowledges that the loan secured by this Deed of Trust is also subordinate to the extended use agreement required to be executed by Borrower pursuant to Section 42(h)(6)(B) of the Internal Revenue Code, for purposes of the low-income housing tax credits to be allocated to Borrower. In addition, Beneficiary hereby acknowledges that the loan secured by this Deed of Trust is further subordinate to Section 42(h)(6)(e)(ii) of the Internal Revenue Code, which prohibits the eviction or termination of a tenancy, other than for good cause, of an existing tenant of any low-income housing tax credit unit or any increase in the gross rent with respect to such unit, not otherwise permitted under Section 42, for a period of three (3) years after the date the Property is acquired by Lender through foreclosure or instrument in lieu of foreclosure.
23. FINANCING STATEMENT. This Deed of Trust shall constitute a financing statement pursuant to California UCC §9-502 and shall be filed as a fixture filing in the Official Records of the County in which the Property is located and covers goods which are or are to become fixtures on the Property.
.
S-1
Crescent City – City PLHA Loan Deed of Trust
IN WITNESS THEREOF, Borrower has executed this Deed of Trust on the day and year first above written.
BORROWER:
CRESCENT CITY H STREET LP,
a California limited partnership
By: Crescent City H Street LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
Its Manager
By:
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General Partner
By:
David Rutledge
President
Notary Page
Crescent City – City PLHA Loan Deed of Trust
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.
STATE OF CALIFORNIA )
) SS.
COUNTY OF _________________ )
On , before me, , a Notary
Public in and for said State, personally appeared, ,
who proved to me 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(ies) 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 of Notary Public
[SEAL]
A-1
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Real property in the City of Crescent City, County of Del Norte, State of California, described as follows:
PARCEL ONE
BEGINNING AT THE MOST NORTHERLY CORNER OF BLOCK 75 OF THE CITY OF
CRESCENT CITY, ACCORDING TO THE OFFICIAL SURVEYS AND MONUMENTS OF SAID CITY; AND RUNNING
THENCE WESTERLY ALONG SEVENTH STREET, 95 FEET;
THENCE AT A RIGHT ANGLE SOUTHERLY, 72 FEET;
THENCE AT A RIGHT ANGLE EASTERLY, 95 FEET TO "I" STREET; AND THENCE NORTHERLY ALONG "I" STREET, 72 FEET TO THE POINT OF BEGINNING.
PARCEL TWO
BEGINNING AT A POINT ON THE EASTERLY LINE OF H STREET, 72 FEET SOUTHERLY FROM THE MOST WESTERLY CORNER OF BLOCK 75 OF THE CITY OF CRESCENT CITY, ACCORDING TO THE OFFICIALSURVEYS AND MONUMENTS;
AND RUNNING
THENCE SOUTHERLY ALONG SAID LINE OF "H" STREET, 90 FEET; THENCE AT A RIGHT ANGLE EASTERLY, 240 FEET TO THE WESTERLY LINE OF "I" STREET;
THENCE NORTHERLY ALONG SAID LINE OF "I" STREET, 90 FEET; AND THENCE AT A RIGHT ANGLE WESTERLY, 240 FEET TO THE POINT OF BEGINNING.
APN: 118-170-002-000
2 Crescent City – Subordinate Deed of Trust -City PLHA
ADDENDUM TO DEED OF TRUST
This Addendum to Deed of Trust is part of the Deed of Trust dated April __, 2024 to which it is attached between CRESCENT CITY H STREET LP, a California limited partnership, as Trustor, and the CITY OF CRESCENT CITY, a municipal corporation, as Beneficiary. The Deed of Trust, together with this Addendum to Deed of Trust, are executed and delivered pursuant to and in furtherance of that certain Standard Agreement No. 22-PLHACOM-______ between HCD, Holder, and Danco Communities dated ________________ (“Standard Agreement”), which provides for a grant of funds from the California Department of Housing and Community Development to Beneficiary and a loan of such funds from Beneficiary to Trustor (the “Loan”) for the development of a low-income senior housing project (the "Housing Project") on certain real property located in Crescent City, California (the “Site”).
Trustor executed and delivered to Beneficiary a promissory note (the "Note"), in the principal amount of FOUR MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($4,750,000.00) evidencing the Loan from Beneficiary to Maker. The following provisions are made a part of the Deed of Trust:
1. No Discrimination. The Trustor covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (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 Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property.
2. Nondiscrimination Clauses. All deeds, leases or contracts made relative to the Property, the improvements thereon or any part thereof, shall contain or be subject to the nondiscrimination clauses set forth in California Health and Safety Code Section 33436.
3. Subordination. Beneficiary agrees that the terms and conditions of the Note and this Deed of Trust shall be subject to and subordinate to the terms and conditions of financing obtained by Trustor through a lender approved by Beneficiary for the development of the Housing Project pursuant to a subordination agreement executed by the Beneficiary and such lender; provided the total aggregate amount of financing secured by Trustor, whether secured through the financing from Trustor’s investor limited partner (“Tax Credit Financing”) or other alternative financing sources, for the construction of the Housing Project, together with the Note shall not exceed the appraised value of the Housing Project, unless otherwise approved by the City; and provided, further, that if such Tax Credit Financing or alternative financing is not provided pursuant to an adopted federal or state program, such lender shall agree to include in its deed of trust and/or 3 Crescent City – Subordinate Deed of Trust -City PLHA
subordination agreement the following conditions or such other conditions as may be acceptable to Beneficiary in its sole and absolute discretion: (i) Beneficiary shall receive any notices of default issued by such lender to Trustor; (ii) Beneficiary shall have the right to cure any default by Trustor within forty-five (45) days after a notice of default; (iii) Beneficiary shall have the right to foreclose under its Deed of Trust without the lender accelerating its debt, provided Beneficiary has cured or is attempting to cure any defaults under such lender's deed of trust; and (iv) Beneficiary shall have the right to transfer the Project to a nonprofit corporation who shall own and operate the Housing Project as an affordable rental housing project with the consent of such lender, which consent shall not be unreasonably withheld.
4. Default. Notwithstanding any other provisions in this Deed of Trust, the occurrence of any of the following shall constitute an event of default under the Note and this Deed of Trust, and a default may be declared under this Deed of Trust solely upon the occurrence of any of the following: (i) Any failure by Trustor to pay any amount due under the Note within fifteen (15) days of its due date; or (ii) Any default by Trustor under the terms of the Standard Agreement after expiration of applicable notice and cure periods; or (iii) Any sale or transfer of the Property or any portion thereof in violation of the provisions of the Standard Agreement and, to the extent applicable, the Affordable Housing Covenant ("Affordable Housing Covenant") to be recorded against the Property subject to all applicable notice and cure periods; or (iv) Any other default by Trustor under the terms of the Affordable Housing Covenant provisions.
5. Hazardous Substances.
(a) As used in this Section 5, the following terms shall have the following meanings:
(i) "Environmental Laws" means all statutes, ordinances, orders, rules, regulations, plans, policies or decrees and the like now or hereafter in effect relating to (A) Hazardous Substance Activity or Hazardous Substances; (B) the generation, use, storage, transportation or disposal of Hazardous Substances, or solid waste; or (C) occupational safety and health, industrial hygiene, land use or the protection of human, plant or animal health, safety or welfare, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et seq.) ("CERCLA"); the Hazardous Material Transportation Act (49 U.S.C. Section 180 et seq.); the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Section 136 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 et seq.); the Clean Air Act (42 U.S.C. Section 740 et seq.); the Federal Water Pollution Control Act (33 U.S.C. Section 1251 et seq.); the Occupational Safety and health Act (29 U.S.C. Section 651 et seq.); the Safe Drinking Water Act (42 U.S.C.
Section 300f et seq.); the Porter-Cologne Water Quality Control Act (California Water Code Section 13020 et seq.); the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health & Safety Code Section 25249.5 et seq.); the Hazardous Substance Account Act (California Health & Safety Code Section 25300 et seq.); the Hazardous Waste Control Act (California Health & Safety Code Section 25100 et seq.); The California Environmental Quality Act (California Public Resources Code Section 2100 et seq.); and the rules, regulations and ordinances of the City or County of San Francisco or any applicable federal, state and local agencies or bureaus, as amended from time to time.
4 Crescent City – Subordinate Deed of Trust -City PLHA
(ii) "Foreclosure Transfer" means the transfer of title to all or any part of the Property or the Trust Estate at a foreclosure sale under the Deed of Trust, either pursuant to judicial decree or the power of sale contained in the Deed of Trust, or by deed in lieu of such foreclosure.
(iii) "Hazardous Substances" means (A) any chemical, compound, material, mixture or substance that is now or hereafter defined or listed in, or otherwise classified pursuant to, any Environmental Laws as a "hazardous substance," "hazardous material," "hazardous waste," "extremely hazardous waste," "acutely hazardous waste," "radioactive waste," "infectious waste," "biohazardous waste," "toxic substance," "pollutant," "toxic pollutant," "contaminant" as well as any other formulation not mentioned herein intended to define, list, or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, reproductive toxicity, "EP toxicity" or "TCLP toxicity"; (B) petroleum, natural gas, natural gas liquids, liquified natural gas, synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas) and ash produced by a resource recovery facility utilizing a municipal solid waste stream, and drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil, natural gas, or geothermal resources; (C) "hazardous substance" as defined in Section 2782.6(d) of the California Civil Code; (D) "waste" as defined in Section 13050(d) of the California Water Code; (E) asbestos in any form; (F) urea formaldehyde foam insulation; (G) polychlorinated biphenyls (PCBs); (H) radon; and (I) any other chemical, material, or substance that, because of its quantity, concentration, or physical or chemical characteristics, exposure to which is limited or regulated for health and safety reasons by any governmental authority, or which poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment.
Notwithstanding the foregoing, “Hazardous Substances” shall not include any chemical, compound, material, mixture or substance used in the normal course of constructing or operating an apartment complex, so long as such chemical, compound, material, mixture or substance is used in accordance with environmental laws
(iv) "Hazardous Substance Activity" means any actual, proposed, or threatened use, storage, holding, existence, location, release (including, without limitation, any spilling, leaking, leaching, pumping, pouring, emitting, emptying, dumping, disposing into the environment, and the continuing migration into or through soil, surface water, groundwater or any body of water or the air), discharge, deposit, placement, generation, processing, construction, treatment, abatement, removal, disposal, disposition, handling, or transportation of any Hazardous Substance from, under, in, into, or on the Property, including without limitation, the movement or migration of any Hazardous Substances from surrounding property, surface water, groundwater or any body of water, or the air under, in, into or onto the Property and any residual Hazardous Substances contamination in, on, or under the Property. (v) "Losses" means all charges, losses, liabilities, damages (whether actual, consequential, punitive, or otherwise denominated), costs, fees, demands, claims for personal injury or real or personal property damage), actions, administrative proceedings (including informal proceedings), judgments, causes of action, assessments, fines, penalties, costs, and expenses of any kind or character, foreseeable and unforeseeable, liquidated and contingent, proximate and remote, including, without limitation, the following: (A) the reasonable fees and expenses of outside legal counsel; (B) the reasonable fees and expenses of accountants, third-party 5 Crescent City – Subordinate Deed of Trust -City PLHA
consultants, and other independent contractors retained by an Beneficiary; (C) costs, including capital, operating and maintenance costs, incurred in connection with any investigation or monitoring of site conditions or any clean-up, remedial, removal or restoration work required or performed by any federal, state or local governmental agency or political subdivision or performed by any non-governmental entity or person that is required by Environmental Laws or administrative ruling or directive because of the presence, suspected presence, release or suspected release of Hazardous Substances in violation of Environmental Laws in the air, soil, surface water or groundwater at the Property; (D) any and all diminution in value of the Property, loss of use or damage to the Property, or loss of profits or loss of business opportunity; and (E) reasonable costs and expenses of enforcing this Section 6.09.
(vi) "Environmental Losses" means Losses rising out of or as a result of:
(A) the occurrence of any Hazardous Substance Activity; (B) any violation of any applicable Environmental laws relating to the Property or to the ownership, use, occupancy or operation thereof; (C) any investigation, inquiry, order, hearing, action, or other proceeding by or before any governmental agency in connection with any Hazardous Substance Activity; or (D) any claim, demand or cause of action, or any action or other proceeding, whether meritorious or not, brought or asserted against any Indemnitee which directly or indirectly relates to, arises from or is based on any of the matters described in clauses (A), (B), or (C), or any allegation of any such matters. (b) Trustor represents and warrants to Beneficiary that Trustor has conducted as appropriate inquiry and investigation, and, to the best of Trustor's knowledge, based on such inquiry and investigation, no portion of the Property is being used or has ever been used at any previous time, for the disposal, storage, treatment, processing or other handling of Hazardous Substances, nor have any Hazardous Substances migrated onto or from the Property. Neither the Property nor Trustor is in violation of or subject to any existing, pending or threatened investigation by any governmental authority under any Environmental Law. Trustor's intended use of the Property will not result in the disposal or release of any Hazardous Substances on, under, about or to the Property or the migration of any Hazardous Substances from the Property. The foregoing representations and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by payment of the indebtedness secured hereby or foreclosure or action in lieu thereof), and these representations and warranties shall survive such release.
(c) Trustor represents and warrants to Beneficiary that Trustor has complied with all recommendations by any engineers retained by Trustor and all requirements of any applicable department of environmental resources, environmental protection agency or similar governmental agency, and there are no recommendations by said engineers or requirements ordered by said agency or any other governmental body for environmental investigation or cleanup with respect to the Property.
(d) On and after the date hereof, Trustor shall not: (a) allow any Hazardous Substances to be installed, used, introduced, stored, treated, disposed of, generated, manufactured, discharged, dumped, transported or brought in, upon or over the Property in violation of applicable law; (b) allow any soil or ground water contamination or pollution with any Hazardous Substances on the Property in violation of applicable law; (c) allow any Hazardous Substances to migrate from the Property in violation of applicable law; (d) allow any Hazardous Substances to migrate onto 6 Crescent City – Subordinate Deed of Trust -City PLHA
the Property from any adjacent properties in violation of applicable law; or (e) allow or cause the Property to be in violation of, or to trigger a duly initiated and prosecuted investigation of the Property by any governmental authority under applicable limitations, restrictions, conditions, standards, prohibitions, requirements, obligations, schedules or timetables contained in any local, state and/or federal laws, regulations, codes, ordinances, plans, administrative or judicial orders, decrees, judgments, notices or demand letters issued, entered, promulgated or approved thereunder relating to the environment, land use, water and air quality and Hazardous Substances ("Environmental Requirements").
(e) If the presence of any Hazardous Substances on the Property caused or permitted by Trustor results in any contamination of the Property, Trustor shall promptly take all actions, at its sole expense, as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Substances to the Property; provided that Beneficiary's approval of such actions shall first be obtained, which approval shall not be unreasonably withheld so long as such actions would not potentially have any material adverse long-term or short-term effect on the Property.
(f) At any time after the occurrence and during the continuance of any default under this Section 5, Beneficiary shall have the following rights and remedies, in addition to any other rights and remedies Beneficiary has under this Deed of Trust:
(i) As provided in California Code of Civil Procedure Section 564, Beneficiary or its employees, acting by themselves or through a court appointed receiver may do any of the following: (i) enter upon, possess, manage, operate, dispose of, and contract to dispose of the Property or any part thereof; (ii) take custody of all accounts; (iii) negotiate with governmental authorities with respect to the Property's environmental compliance and remedial measures; (iv) take any action necessary to enforce compliance with environmental provisions, including spending Rent Payments to abate any environmental problem; (v) make, terminate, enforce or modify leases of part or all of the Property; (vi) contract for goods and services, hire agents, employees, and counsel, make repairs, alterations, and improvements to the Property necessary in Beneficiary's judgment to protect or enhance the security hereof; and/or (vii) take any and all other actions which may be necessary or desirable to comply with Trustor's obligations hereunder and under the Loan Documents. All sums realized by the receiver or Beneficiary under this subparagraph, less all costs and expenses incurred by either of them under this subparagraph, including attorneys' fees, and less such sums as Beneficiary or the receiver deems appropriate as a reserve to meet future expenses under this subparagraph, shall be applied on any indebtedness secured hereby in such order as Beneficiary shall determine. Neither application of said sums to said indebtedness, nor any other action taken by Beneficiary or the receiver under this subparagraph shall cure or waive any default or notice of default hereunder, or nullify the effect of any such notice of default. Beneficiary, or any employee or agent of Beneficiary, or a receiver appointed by a court, may take any action or proceeding hereunder without regard to the adequacy of the security for the indebtedness secured hereunder, the existence of a declaration that the indebtedness secured hereby has been declared immediately due and payable, or the filing of a notice of default.
(ii) With or without notice, and without releasing Trustor from any obligation hereunder, to cure any default of Trustor or in connection with any such default, 7 Crescent City – Subordinate Deed of Trust -City PLHA
Beneficiary or its agents, acting by themselves or through a court-appointed receiver, may enter upon the Property or any part thereof and perform such acts and things as Beneficiary deems necessary or desirable to inspect, investigate, assess, and protect the security hereof, including of any of Beneficiary's other rights: (i) to obtain a court order to enforce Beneficiary's right to enter and inspect the Property under California Civil Code Section 2929.5 (in respect of which the decision of Beneficiary as to whether there exists a release or threatened release of hazardous substance, as defined therein, onto the Property shall be deemed reasonable and conclusive as between the parties hereto); and (ii) to have a receiver appointed under California Code of Civil Procedure Section 564 to enforce Beneficiary's right to enter and inspect the Property for hazardous substances as defined therein. All costs and expenses incurred by Beneficiary with respect to the audits, tests, inspections, and examinations which Beneficiary or its agents or employees may conduct, including the fees of engineers, laboratories, contractors, consultants, and attorneys, shall be paid by Trustor. All costs and expenses incurred by Trustee and Beneficiary pursuant to this subparagraph (including court costs, consultant fees and attorney fees, whether incurred in litigation or not and whether before or after judgment) shall bear interest at the Note Rate, from the date they are incurred until said sums have been paid. (iii) Beneficiary may seek a judgment that Trustor has breached its covenants, representations and/or warranties with respect to the environmental matters set forth above in this Section 5, by commencing and maintaining an action or actions in any court of competent jurisdiction for breach of contract pursuant to California Code of Civil Procedure Section 736, whether commenced prior to foreclosure of the Property or after foreclosure of the Property, and to seek the recovery of any and all costs, damages, expenses, fees, penalties, fines, judgments, indemnification payments to third parties, and other out-of-pocket costs or expenses actually incurred by Beneficiary or advanced by Beneficiary (collectively, the "Environmental Costs") relating to the cleanup, remediation or other response action required by applicable law or which Beneficiary believes necessary to protect the Property, it being conclusively presumed between Beneficiary and Trustor that all such Environmental Costs incurred or advanced by Beneficiary relating to the cleanup, remediation, or other response action respecting the Property were made by Beneficiary in good faith. All Environmental Costs incurred by Beneficiary under this subparagraph (including court costs, consultant fees and attorney fees, whether incurred in litigation or not and whether before or after judgment) shall bear interest at the Note Rate, from the date of expenditure until said sums have been paid. Beneficiary shall be entitled to bid, at any sale of the Property held hereunder, the amount of said costs, expenses and interest in addition to the amount of the other obligations hereby secured as a credit bid, the equivalent of cash. (iv) As provided in California Code of Civil Procedure Section 726.5, Beneficiary may waive its lien against the Property or any portion thereof, to the extent such property is found to be environmentally impaired as defined therein, and to exercise any and all rights and remedies of an unsecured creditor against Trustor and all of Trustor's assets and property for the recovery of any deficiency and Environmental Costs, including seeking an attachment order under California Code of Civil Procedure Section 483.010. Beneficiary and Trustor each represents and warrants for itself that it has no actual knowledge of any release of any Hazardous Substance (as defined in Section 726.5) on, to or under the Property. As between Beneficiary and Trustor, for purposes of California Code of Civil Procedure Section 726.5, Trustor shall have the burden of proving that Trustor or any related party (or any affiliate or agent of Trustor or any 8 Crescent City – Subordinate Deed of Trust -City PLHA
related party) did not cause or contribute to, and was not in any way negligent in permitting, any release or threatened release of the Hazardous Substance. (v) Trustor acknowledges and agrees that notwithstanding any term or provision contained herein or in the Loan Documents, the Environmental Costs and all judgments and awards entered against Trustor pursuant to Section 5(f)(iv) above shall be exceptions to any nonrecourse or exculpatory provision of the Loan Documents, and Trustor shall be fully and personally liable for the Environmental Costs and such judgments and awards and such liability shall not be limited to the original principal amount of the obligations secured by this Deed of Trust, and Trustor's obligations shall survive the foreclosure, deed in lieu of foreclosure, release, reconveyance, or any other transfer of the Property or this Deed of Trust. (g) Trustor hereby agrees to indemnify, defend and hold harmless Beneficiary from and against any and all Environmental Losses.
“TRUSTOR”
CRESCENT CITY H STREET LP,
a California limited partnership
By: Crescent City H Street LLC,
a California limited liability company,
its Administrative General Partner
By: Danco Communities,
a California corporation,
Its Manager
By: ____________________________
Daniel Johnson
President
By: Community Revitalization and Development
Corporation, a California nonprofit public
benefit corporation, its Managing General Partner
By: _____________________________
David Rutledge
President
9 Crescent City – Subordinate Deed of Trust -City PLHA
"BENEFICIARY”
CITY OF CRESCENT CITY, a municipal
corporation
By:________________________________
Eric Wier, City Manager
ATTEST:
By:________________________________
Robin Altman, City Clerk
10 Crescent City – Subordinate Deed of Trust -City PLHA 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.
STATE OF CALIFORNIA )
) SS.
COUNTY OF _________________ )
On , before me, , a Notary
Public in and for said State, personally appeared, ,
who proved to me 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(ies) 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 of Notary Public