2. The Contractor is cautioned that failure to control fugitive dust may result in fines being levied by the South Coast Air Quality Management District to both the Contractor and the City of Eastvale, as owner. The Contractor shall b e fully responsible for payment of all fines pertaining to air pollution control violation s, resulting from Contractor’s operations related to the construction contract, which may be levied against both the Contractor and the City of Eastvale by the AQMD or other regulatory agencies. The Contractor’s attention is directed to Section 7-1.01, “Laws to be Observed” of the State Standard Specifications.
The cost of all fines levied against the City of Eastvale will be deducted from any moneys due or which may become due to the Contractor, unle ss other payment arrangements are made by the Contractor.
3. Dust control of all of the contractor’s operations is required 24 hours per day, 7 days a week for the duration of the contract, and until the disturbed soil is permanently stabilized.
The Contractor shall take every precaution to preve nt emissions of fugitive dust from the project site, from locations of stockpiled material s, from unpaved driving surfaces, from haul vehicles, from inactive construction areas, an d from all other operations of the Contractor. The Contractor shall plan for and carr y out proper and efficient measures to prevent his operations from producing dust in amoun ts damaging to property or which constitute a public nuisance, or which cause harm to person living or working in the vicinity of the work. Of particular concern are emissions o f PM10 particles, which are fine particulate matter of 10 microns or less and which are associated with sickness and death from respiratory disease.
4. The Contractor shall respond to complaints by mobilizing equipment and personnel at the construction site within 2 hours of each complaint to control fugitive dust.
5. Attention is directed to AQMD Rule 403.1, which app lies to all contracts within the City of Eastvale. That AQMD Rule requires the Contractor to take specified dust control actions when prevailing wind speeds exceed 25 miles per hour. Wind forecasts, AQMD Rules and other related information are provided by AQMD at 1 -800-CUT-SMOG and at www.aqmd.gov .
6. The Contractor shall utilize the “Best Available Control Measures” of controlling fugitive dust, as prepared by the AQMD. However, if fugitiv e dust crosses the project boundary, more effective control measures, including the “Best Available Control Measures” shall be implemented.
7. A site specific fugitive dust control plan shall be submitted to the City Engineer for review and approval at least 10 days prior to the start of construction.
8. The fugitive dust control plan shall include the “Reasonably Available Control Measures” and “Best Available Control Measures” of controlling fugitive dust, as may be appropriate and necessary, including by not limited to watering , application of chemical dust 453
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suppressants, wind fencing, covering of haul vehicl es, haul vehicle bed-liners, grading, planting of vegetation, the use of a 24 hour environmental observer, and track-out controls at locations where unpaved construction accesses in tersect with paved roads. The use of chemical stabilizers, which are approved by all environmental regulatory agencies, and the use of reclaimed water is encouraged. If water is intended as a primary dust control tool, the dust control plan shall provide for at least one 2,000 gallon water truck for every 4 acres of disturbed soil, unless otherwise approved by the City Engineer.
9. If the Project Inspector determines that the projec t scope and the forecasted weather conditions are such that the Contractor’s work is unlikely to be a source of dust emissions, the Construction Engineer has the authority to waiv e the requirements for submittal of a dust control plan and for placement of the dust con trol signs described herein. However, the Contractors responsibilities for the control of fugitive dust and the other requirements of this section may not be waived.
10. A completion notice will not be filled, and the fin al payment will not be made to the Contractor until the areas of disturbed soil on the construction site, including roadway shoulders, are suitable stabilized for long term control of fugitive dust.
11. This signature of the Contractor on the Proposal co nstitutes acknowledgement by the Contractor of the dust control enforceability of those requirements.
12. Full compensation for conformance with these dust abatement requirements, including lab equipment and materials, developing water supply an d incidentals, shall be considered as included in items of work, and no additional compensation will be allowed therefore.
13. The successful Contractor shall attend an AQMD PM10 Dust Control Program training session, and furnish evidence of attendance to the City Engineer. Attendance at AQMD training seminars can be scheduled the AQMD at 1-86 6-861-DUST or by email to [email protected] . Current AQMD certification of previous attendanc e will be accepted. At that training session, the successful Contractor will be furnished with the AQMD prepared Rule 403 and Rule 403.1 implementatio n handbooks, which include the Best Available Control Measures” and “Reasonably Av ailable Control Measures”, and other associated information, including a listing o f suggested dust control related to devices, material and chemicals.
14. Any days on which the Contractor is prevented from working, due to the requirements of AQMD Rules, will be considered as non-working days, in accordance with Section 8-1.06, “Time of Completion” of the State Standard Specification.
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EXHIBIT "D" CERTIFICATION LABOR CODE-SECTION 1861
I, the undersigned Contractor, am aware of the prov isions of Section 3700 et seq. of the Labor Code which require every employer to be insur ed against liability for Worker's Compensation or to undertake self-insurance in acco rdance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
Hardy and Harper, Inc.
By:
Michael Amundson
Vice President
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EXHIBIT “E” CONTRACT MODIFICATIONS
None
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NIB - 2024 Median Improvement Project - Page 1 of 4
FILER
City Clerk
[email protected]
(951) 361-0900
FILING FOR
The Press-Enterprise
Columns Wide:4 Ad Class:Legals
INTERIM AD DRAFT
This is the proof of your ad scheduled to run in The Press-Enterprise on the dates indicated below.
If changes are needed, please contact us prior to deadline at (951) 368-9229.
Notice ID: wIE5dbPHgwjNFxTrPE5f | Proof Updated: Oct. 15, 2024 at 11:07am PDT Notice Name: NIB - 2024 Median Improvement Project
10/20/2024: City Notices 1240.26
10/27/2024: City Notices 1240.26
Subtotal $2480.52
Tax % 0
Total $2480.52
See Proof on Next Page
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AGREEMENT FOR SERVICES
BETWEEN
THE CITY OF EASTVALE
AND
Z&K CONSULTANTS
This Agreement for Services (“Agreement”) is entered into as of this ____ day of _________, 2024 by and between the City of Eastvale, a municipal corporation (“City”) and Z&K Consultants (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought, by direct negotiation the performance of the services defined and described particularly in Section 2 of this Agreement.
B. Contractor, following submission of a proposal for the performance of the services defined and described particularly in Section 2 of this Agreement, was selected by the City to perform those services.
C. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Section 2 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of Section 20 "Termination of Agreement" of this Agreement, the Term of this Agreement shall commence on the date first ascribed above and terminate upon completion of the Scope of Services and final payment is rendered to Contractor.
SECTION 2. SCOPE OF SERVICES.
Contractor agrees to perform the services set forth in Exhibit “A” “Scope of Services” (hereinafter, the “Services”) and made a part of this Agreement by this reference.
SECTION 3. ADDITIONAL SERVICES.
Contractor shall not be compensated for any work rendered in connection with its performance of this Agreement that are in addition to or outside of the Services unless such additional services are authorized in advance and in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this 494
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Agreement. If and when such additional work is authorized, such additional work shall be deemed to be part of the Services.
SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Ninety Thousand Nine Hundred Ninety Two dollars ($90,992), unless additional compensation is approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will use its best efforts to cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
SECTION 5. INSPECTION AND FINAL ACCEPTANCE.
City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within sixty (60) days after submitted to City. City shall reject work by a timely written explanation, otherwise Contractor’s work shall be deemed to have been accepted. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of Contractor’s work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Section 16 “Indemnification” and Section 17 “Insurance.”
SECTION 6. OWNERSHIP OF DOCUMENTS.
495
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All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.
If and to the extent that City utilizes for any purpose not related to this Agreement any maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents prepared, developed or discovered by Contractor in the course of providing the Services pursuant to this Agreement, Contractor’s guarantees and warranties in Section 9 “Standard of Performance” of this Agreement shall not extend to such use of the maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files or other documents.
All final work product developed by Contractor in the course of providing the Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Upon completion, expiration or termination of this Agreement, Contractor shall turn over to City all such final work product if paid for by the City. This provision specifically excludes Contractors’ work notes and drafts, which are owned by Contractor, not City.
SECTION 7. CONTRACTOR'S BOOKS AND RECORDS.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor’s performance of the Services. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to the Services, including expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to audits of public agencies and their expenditures. In accordance with California Government Code Section 8546.7, if the total compensation in Section 4 exceeds ten thousand dollars ($10,000.00), this Agreement and the Contractor's books and records related to this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon request by City or its designated representative. Copies of 496
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such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor’s address indicated for receipt of notices in this Agreement.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of Contractor’s business, City may, by written request, require that custody of such documents or records be given to the City. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
SECTION 8. INDEPENDENT CONTRACTOR.
(a) Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise.
(b) The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor’s personnel.
Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s personnel are in any manner officials, officers, or employees of City. (c) Neither Contractor, nor any of Contractor’s personnel shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor, its officers, employees, agents or subcontractors, may have to any such rights. Contractor’s indemnity obligations in Section 16 “Indemnification” of this Agreement include the obligation to indemnify the City from and against any liability that may arise related to claims that Contractor, its officers, employees, agents or subcontractors, are entitled to retirement, health care or any other benefits that accrue to City employees. This provision shall survive the expiration or earlier termination of this Agreement.
SECTION 9. STANDARD OF PERFORMANCE.
Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to the Services required of Contractor under this Agreement. In addition to the general standards of performance set forth this section, additional specific standards of performance and performance criteria may be set forth in Exhibit “A” “Scope of Work” that shall also be applicable to Contractor’s work under this Agreement. Where 497
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there is a conflict between a general and a specific standard of performance or performance criteria, the specific standard or criteria shall prevail over the general.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.
Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Contractor to comply with this section.
SECTION 11. PREVAILING WAGE LAWS
It is the understanding of City and Contractor that California prevailing wage laws do not apply to this Agreement because the Agreement does not involve any of the following services subject to prevailing wage rates pursuant to the California Labor Code or regulations promulgated thereunder: Construction, alteration, demolition, installation, or repair work performed on public buildings, facilities, streets or sewers done under contract and paid for in whole or in part out of public funds. In this context, “construction" includes work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work.
SECTION 12. NONDISCRIMINATION.
Contractor shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in connection with or related to the performance of this Agreement.
SECTION 13. UNAUTHORIZED ALIENS.
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of the Services, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
SECTION 14. CONFLICTS OF INTEREST.
(a) Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of the Services. Contractor further covenants that in the performance of this Agreement, no 498
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person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. (b) City understands and acknowledges that Contractor is, as of the date of execution of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section. (c) City understands and acknowledges that Contractor will perform non- related services for other governmental agencies and private Parties following the completion of the Services under this Agreement. Any such future service shall not be considered a conflict of interest for purposes of this section.
SECTION 15. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor’s conduct.
Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors, be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said 499
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response. Contractor shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that is made in confidence to a Federal, State, or local government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law or for the disclosure of a trade secret that is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
SECTION 16. INDEMNIFICATION.
(a) Indemnification for Professional Liability. Where the law establishes a professional standard of care for Contractor’s services, to the fullest extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees) arise out of, are a consequence of, or are in any way attributable to, in whole or in part, any negligent or wrongful act, error or omission of Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor, in the performance of professional services under this Agreement. (b) Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contractor shall indemnify, protect, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor, or by any individual or entity for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
(c) Indemnification from Subcontractors. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement naming the Indemnified Parties as additional indemnitees. In the event Contractor fails to obtain such indemnity obligations from others as required herein, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.
(d) City’s Negligence. The provisions of this section do not apply to claims occurring as a result of City’s sole negligence. The provisions of this section shall not 500
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release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officials, employees and agents.
SECTION 17. INSURANCE.
Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement the insurance policies set forth in Exhibit “C” “Insurance” and made a part of this Agreement. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. Contractor agrees to provide City with copies of required policies upon request.
SECTION 18. ASSIGNMENT.
The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under this Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor’s duties or obligations under this Agreement without the prior written consent of the City.
Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including termination of this Agreement pursuant to Section 20 “Termination of Agreement.” City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize subcontractors.
SECTION 19. CONTINUITY OF PERSONNEL.
Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the Services. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the Services prior to and during any such performance.
SECTION 20. TERMINATION OF AGREEMENT.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement for cause at any time upon thirty (30) days written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor, or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor’s possession shall be returned to City. 501
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Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 “Compensation and Method of Payment” of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 “Compensation and Method of Payment” of this Agreement.
SECTION 21. DEFAULT.
In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under Section 20 “Termination of Agreement.” Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
SECTION 22. EXCUSABLE DELAYS.
Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
SECTION 23. COOPERATION BY CITY.
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the Services shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the Services to be performed under this Agreement.
SECTION 24. NOTICES.
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by certified mail, postage prepaid and return receipt requested, addressed as follows:
To City: City of Eastvale
Attn: Public Works Director
12363 Limonite Ave., Suite 910
502
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Eastvale, CA 91752
To Contractor: Z&K Consultants
Crystal Fraire, President
17130 Van Buren Blvd., Suite 122
Riverside, CA 92504
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
SECTION 25. AUTHORITY TO EXECUTE.
Each of the signatories hereto represents and warrants that he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign. Each Party hereto agrees to defend, indemnify, and hold harmless the other Parties hereto against all claims, suits, actions, and demands, including necessary expenses of investigation and reasonable attorneys' fees and costs, arising out of claims that its signatory was not competent or so authorized to execute this Agreement.
SECTION 26. ADMINISTRATION AND IMPLEMENTATION.
This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit additional funds, consistent with Section 28 “Amendment” and the City Manager’s contracting authority under the Eastvale Municipal Code.
SECTION 27. BINDING EFFECT.
This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
SECTION 28. AMENDMENT.
No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City. The City Manager shall have the authority to approve any amendment to this Agreement if it does not exceed the amount that may be approved administratively pursuant to the Eastvale Municipal Code. The Parties agree that the requirement for written modifications cannot be waived and that any attempted waiver shall be void. The City’s City Manager may, but is not required to, make minor amendments not affecting substantive terms without further authorization from the City Council. The City Council hereby authorizes the City Manager to execute any such amendments as required by this Agreement or that do not otherwise reduce City’s rights under this Agreement. All other amendments shall be approved by the City Council.
SECTION 29. WAIVER.
Waiver by any Party to this Agreement of any term, condition, or covenant of this 503
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Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work by Contractor shall not constitute a waiver of any of the provisions of this Agreement.
SECTION 30. LAW TO GOVERN; VENUE.
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Riverside, California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
SECTION 31. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
SECTION 32. ENTIRE AGREEMENT.
This Agreement, including the attached Exhibits "A" through "C", is the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid and binding.
SECTION 33. SEVERABILITY.
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
SECTION 34. CONFLICTING TERMS.
Except as otherwise stated herein, if the terms of this Agreement conflict with the terms of any Exhibit hereto, or with the terms of any document incorporated by reference into this Agreement, the terms of this Agreement shall control.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
[SIGNATURES ON FOLLOWING PAGE]
504
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CITY OF EASTVALE
___________________________
Mark Orme
City Manager
ATTEST:
___________________________
Marc Donohue
City Clerk
APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
Z&K Consultants
____
________________
________________
505
A-1
EXHIBIT "A"
SCOPE OF SERVICES
506
C-1
EXHIBIT "B"
COMPENSATION
507
C-1
EXHIBIT "C"
INSURANCE
A. Insurance Requirements. Contractor shall provide and maintain insurance, acceptable to the City, in full force and effect throughout the term of this Agreement, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services by Contractor, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
Contractor shall provide the following scope and limits of insurance:
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Commercial General Liability. Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001). (2) Automobile. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City. (3) Workers’ Compensation. Workers' Compensation insurance as required by the Labor Code of State of California covering all persons providing Services on behalf of the Contractor and all risks to such persons under this Agreement. (4) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to Services performed under this Agreement. The insurance must be maintained for at least three (3) consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional three (3) year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage.
2. Minimum Limits of Insurance. Contractor shall maintain limits of insurance no less than:
(1) Commercial General Liability. $1,000,000 general aggregate for bodily injury, personal injury and property damage. (2) Automobile. $1,000,000 per accident for bodily injury and property damage. A combined single limit policy with aggregate limits in an amount of 508
C-2
not less than $2,000,000 shall be considered equivalent to the said required minimum limits set forth above.
(3) Workers' Compensation. Workers' Compensation as required by the Labor Code of the State of California of not less than $1,000,000 per occurrence. (4) Professional Liability. $1,000,000 per occurrence.
B. Other Provisions. Insurance policies required by this Agreement shall contain the following provisions:
1. All Policies. Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either Party to this Agreement, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, return receipt requested, has been given to City.
2. Commercial General Liability and Automobile Liability Coverages. (1) City, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, or employees. (2) Contractor’s insurance coverage shall be primary insurance with respect to City, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Contractor’s insurance. (3) Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(4) Any failure to comply with the reporting or other provisions of the insurance policies, including breaches of warranties, shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
3. Workers' Compensation Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation 509
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against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Contractor.
C. Other Requirements. Contractor agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this contract have been complied with. The City may require that Contractor furnish City with copies of original endorsements effecting coverage required by this Exhibit “C”. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies, at any time.
1. Contractor shall furnish certificates and endorsements from each subcontractor identical to those Contractor provides.
2. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
3. The procuring of such required policy or policies of insurance shall not be construed to limit Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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SCOPE OF WORK
Our Team’s relevant experience allows them to provide overall administration of the construction process based on their unique ability to fully understand the construction process, work proactively to identify problems early, and to mitigate each risk before it affects the project performance goals. Z&K has thoroughly reviewed the RFP; we confirmed our team will provide all scope of work tasks as outlined in the RFP scope of services. The Z&K Team will provide excellent Construction Inspection, services for the City ’s Project. Z&K acknowledges our ability to meet the contract requirements for the work listed under the scope of services, along with any additional services that the City should require. The Z&K Team, at a minimum, will perform the following:
PRE-CONSTRUCTION PHASE
Preconstruction Conference | Z&K will schedule, coordinate, and conduct a pre -construction conference with the City , affected agencies, and the Contractor, as well as the design engineer, utilities and other agencies. An agenda will be prepared in advance to notify attendees of key items for discussion. At the pre- construction conference, we will discuss special contract and/or concerns, and establish the protocol to be used throughout the project. The meeting will highlight the contractor’s responsibility for items such as order of work, permit and environmental agreements, safety and access, progress pay requests, labor compliance, submittals, RFIs, CCOs, quality control, materials certification, schedule updates, and weekly meetings. Z&K will review the baseline schedule and verify that it meets all the required information prior to issuing the Notice to Proceed to the Contractor. Z&K will prepare and promptly distribute meeting minutes to all attendees.
Z&K has carefully selected this "A-Team" of and committed our most qualified staff for the duration of the contract to deliver a successful project. All assigned Z&K Inspectors and Construction Managers are committed to provide their services at all times required by the contract. Our proposed personnel have successfully provided construction management and inspection for a variety of projects. The Z&K Inspectors are on site daily to observe construction operations and materials and compare them with the project plans and specifications.
CONSTRUCTION PHASE
Construction Inspection Services | Z&K Inspectors have experience providing inspection services for numerous capital improvement projects, including storm drain and pipeline relocations, street improvements, traffic signal improvements, roadway widenings, striping, traffic control, and utility protection, and are well aware of how important project quality control is to the overall success of a project. Throughout each project, the inspectors will review contract documents, plans, and permits. Inspectors will monitor and enforce construction noticing requirements. The Z&K Inspectors will use their expertise to provide field conflict resolutions. The Inspectors’ primary duties will be to inspect and verify all work in place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of project documentation. In addition to the construction activities, the project team must also review and enforce the requirements stipulated in the permits issued by regulatory and environmental agencies. Our team has extensive experience with working with the State Department of Fish and Wildlife, Department of Water Resources, and other state and federal agencies that may have input on the project.
Z&K Inspectors have the knowledge, skill, and experience to inspect all the anticipated construc tion operations that this contract may require. Inspectors will verify that all work in place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of pr oject documentation. Z&K will verify that all work conforms with the requirements and identify any issues of non-compliance with the applicable codes. Inspectors will meet with the project design team and City staff to work out any issues and resolve them quickly and efficiently. Z&K proposed staff will complete daily reports, including equipment, crews/personnel, and photos (before, during and after construction). The Construction Manager will review the inspectors’ daily reports and provide copies to the City upon project completion.
Z&K will review the contractor’s work for compliance with contract and environmental documents. Z&K will perform labor compliance tasks as needed, including verifying certified payroll reports, DBE utilization, subcontractor utilization, and labor interviews. Z&K will review the contractor’s submittals for compliance with contract documents. Z&K will review the contractor’s RFIs and either provide information from contract documents or route the request to the Engineer for resolution.
Z&K will review the contractor’s pay requests and recommendations to the City as to the acceptability of the requests.
Schedule Control | The Z&K Team will review and monitor the Contractor’s schedule and evaluate work in progress each week. All findings that may require enforcement or corrective actions will be reported to the City for consideration. These weekly work in progress status updates will be reflected in the master project schedule. Z&K will regularly update this schedule to reflect c onstruction progress and provide updates on anticipated closure, detours, etc. The Team will also provide updates to the City on any other pertinent project information affecting the construction schedule. This update will show current conditions and revisions required by actual progress.
Daily Documentation | The Z&K proposed staff will complete and maintain field file bound workbooks including daily, weekly, and monthly reports logging any working day reports, change order documentation, equipment on site, crews/personnel, and photographs (before, during and after construction). A monthly Construction Manager progress report will include an overview of work accomplished during the previous month, an overview of work to be accomplished the 511
following month, an updated schedule (based on the Contractor’s schedule of values), a list of problem areas, if any, and proposed corrective actions, and a bar graph comparing the monthly and cumulative invoiced amounts with the total authorized CM budget. These reports will be submitted via email and/or hardcopy.
Utility Coordination | The Z&K Team will provide ongoing coordination with public utilities to resolve any questions or conflicts, and to avoid any potential delays or additional costs to the project. Any conflicts with utilities will be reported to the utility company and Z&K will work to coordinate the relocation or removal of the utility. The resolution will be reported to the City. Our team will ensure that the Contractor is aware of all existing underground utilities by ensuring that Dig Alert tickets are current and up to date prior to excavation. We will keep track of hazardous and non-hazardous and conflicting utilities during our progress meetings. Additionally, we will communicate with utilities early since various utilities may need to be adjusted by the Owner and require utility coordination.
Communication | Z&K will establish coordination and a line of communication to be used among participants throughout the project. Our Construction Manager, Zack Faqih, PE will serve as the City’s representative in charge of project communication and coordination with Z&K, City staff, the design engineer, and the contractor throughout the construction phase. Z&K will document all necessary communications throughout the project and will ensure that all questions and inquiries are fulfilled in a timely manner. The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, request for information (RFIs), submittals, testing and inspection reports, non-conformance notices, contract issues, procedures, environmental monitoring, change orders (COs), look-ahead schedule for upcoming work, pay requests, and so forth. Unresolved issues will be carried over to the next week’s meeting until a final resolution is obtained. Z&K will prepare and promptly distribute meeting minutes.
Constructability Review | The Z&K Team is aware that prompt constructability reviews and implementation of value engineering methods allow for cost and schedule savings. Upon notice- to-proceed (NTP), the Z&K Team will conduct a thorough constructability review that will focus on anticipating issues in the field and resolve them through fast and flexible problem solving. This approach will result in timely completion of the work, claims avoidance, and the reduction of public inconvenience. The Z&K Team will maintain a master project schedule to include all completed and scheduled work. Z&K will provide updates on anticipated closure, detours, etc. The Team will also provide updates to the City on c onstruction progress and any other pertinent project information.
Public Outreach | Z&K will assist the City in providing concierge-level services to impacted residents as it relates to their access into and out of their property, noise, dust, and general disruption to the neighborhood. Z&K will form and maintain good relations with residents and businesses in surrounding neighborhood by providing community outreach and a contact person to manage public relations for the duration of the project. At a minimum, the Z&K team will establish and manage a construction 24-hour hotline (toll free number), website, and email address for project stakeholders, property owners, interested parties, and the public to call with construction issues and concerns. All calls and public complaints will be documented and investigated, and a monthly report will be provided to the City.
Permitting Requirements | Throughout the project, the inspectors will review all required federal and state forms, permitting requirements, agency requirements, local regulations, and any other contract documents or plans to ensure the project’s compliance. Inspectors will monitor and enforce construction noticing requirements. The Inspectors’ primary duties will be to inspect and verify all work in place meets the requirements of the contract plans and specifications, traffic control plans, shop drawings, change orders, and O&M manuals as well as maintenance of project documentation. In addition to the construction activities, the project team must also review and enforce the requirements stipulated in the permits issued by any regulatory and environmental agencies involved in the project. Our team has extensive experience with working with the State Department of Fish and Wildlife, Department of Water Resources, and other state and federal agencies that may have input on the project.
Critical Path Method Schedule | The Team will review the Contractor’s critical path method schedule to monitor the project progress, define the critical path tasks, and provide, on a monthly basis, an update of accomplishments and projected project schedule goals for the following month. We will check the schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues for further discussion. The Z&K Team has extensive experience in dealing with changes from unforeseen conditions, owner- initiated changes, and other types of delays. The Contractor will be required to submit a time impact analysis for any issue with the potential to delay the overall progress of the work. Z&K will mitigate the delay as the first course of action Weekly Progress Meetings | Z&K will schedule, coordinate, and conduct weekly construction meetings with City representatives, contractors, and other agencies related to the project. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the weekly meeting. An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, request for information (RFIs), submittals, testing and inspection reports, non -conformance notices, contract issues, procedures, environmental monitoring, change orders (COs), look-ahead schedule for upcoming work, pay requests, and so forth. Unresolved issues 512
will be carried over to the next week’s meeting until a final resolution is obtained. Z&K will prepare and promptly distribute meeting minutes to all attendees.
Safety Compliance | Z&K Consultants take extreme pride for being a very safety conscious organization implementing a safe environment both in our offices and on our project sites. We monitor the Contractor and their subcontractors for safety compliance for meeting local, stat e, and federal safety requirements. We also ensure the trades and the Contractor are always safety conscious in everything they do in the Project. Z&K will review the Contractor’s compliance with workplace safety and health standards and notify the City of non-compliance. The Z&K Team is knowledgeable with the Caltrans Safety Manual and the Cal/OSHA Construction Safety Orders. The Inspectors will attend the Contractor’s Safety Meetings and promote safety throughout the life of our contract. Z&K will review, monitor, document and enforce contractor safety procedures for compliance with all safety laws and regulations. If any safety violations occur, Z&K will take immediate action to correct the issue and report any incidents to the City. All Z&K staff will ob serve construction safety, public safety and convenience. Z&K Inspection staff is knowledgeable with the Caltrans Safety Manual and the OSHA Construction Safety Orders.
Progress Payments | The Z&K staff bring a detailed understanding of the City processes for administering Contractor progress payments per the City’s standards & procedures. We will work closely under the direction of the City and with the contractor to verify that the contractor’s payments are processed, provide recommendations, and ensure they are executed promptly by the contract documents and City’s procedures. Z&K will reconcile the work done with the pay requests. Z&K will work with the Contractor on required corrections to the pay requests and ensure that they are in the format and for ms required by the City. The pay requests will be submitted to the City with a statement that they have been reviewed. Z&K will keep accounts of all pay requests including amounts retained, dates submitted, dates paid, actual payments, changes in contract amounts, and any other pertinent information.
Document Control | Quality assurance includes quality of the constructed work as well as the quality of the Contractor’s document processes (such as the Contractor’s submittals and RFIs). In Z&K’s experience, lack of quality in the paperwork with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product. Deficiencies in submittal quality control by the Contractor often leads to incorrect or inferior equipment and materials being installed. Z&K will be proactive with the Contractor to ensure the quality of their submittals. Likewise, lax procedures for the processing of RFIs may lead to misunderstandings and delays. The Z&K CM will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Finally, Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K’s quality assurance program.
Z&K will ensure that the City complies with federal and state reporting requirements. Our team is experienced in complying with both state and federal grant reporting and filing requirements. We pay close attention to these requirements and deadlines so that project funding remains unaffected and so that file audits are conducted quickly and efficiently. Our team is also experienced in ensuring that project documents show compliance with DBE reporting requirements, DBE goals, and/or good faith effort documented. Z&K is extremely familiar with Federal -Aid implementation and the Caltrans’ Local Assistance Procedures. Proper Project documentation is key in audits conducted by the Federal Highway Administration (FHWA) and Caltrans.
Our Inspectors know that a complete record of the project must include a full set of all contract dr awings, addenda, specifications, change orders, logs, submittals, and RFI’s. Filing will include correspondence with all stakeholders and permit agencies, reports (daily, weekly, monthly) showing all day-to-day operations, the contractor's workforce, and equipment. In addition to the materials on hand, materials testing reports and sampling, copies of all permits, SWPPP plan, all reports, updates, and all other contract documents related to the construction of the project will be documented. Our internal QA/QC process is simple and does not require additional time demands of the City. Routinely, our Construction Manager or Inspectors will conduct independent reviews of the project records for their adherence to the required policies and procedures. Z&K will coordinate preparation of the as-built plans with the Design Engineer.
CLOSE-OUT PHASE
Our Construction Manager will take a proactive approach at processing close-out documentation by preparing a final punch list of items, which typically include guarantees/warranties, subcontractor liens, retention, and final acceptance/certificates of completion, orderly transfer of key records and documents, resolution of outstanding issues, final payment preparation and processing along with final acceptance or record drawings. Z&K will verify the completion of the final punch list when the contractor has certified and demonstrated the work is substantially complete. Upon completion of the project and all items on the final punch-list (including all warranties, guarantees, and operation and maintenance manuals, in addition to subcontractor liens, retention, and final acceptance/certificates of completion), Z&K will provide the City with both hard and 513
electronic copies of project documentation. Z&K will conduct a final in spection and walk -through including City staff, Contractor, maintenance/service personnel, and project architect/design consultant.
Upon completion of the project and following the final inspection and walkthrough, Z&K will provide the City with both har d and electronic copies of project documentation, including a report stating that the installation of all improvements required by the project have been completed in accordance with the plans and specifications. Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of delivery of record drawings to the City and design engineer. Z&K will advise the City when the Notice of Completion (NOC) should be filed. Z&K will also provide the City with necessary data needed for acceptance of the project, such as release of retention, ce rtification of release of all liens and stop notices, certification of delivery of record drawings.
Z&K will conduct a final inspection and walk -through including City staff, Contractor, maintenance/service personnel, and project architect/design consultant, and applicable agencies. Z&K will calculate the amount of final payment due to the prime Contractor and prepare the proposed final estimate. Z&K will also review and process the release of retention. Z&K will obtain evidence of certification of the release of all liens and stop notices. Z&K will obtain certification of delivery of record drawings to the City and design engineer. Z&K will advise the City when the Notice of Completion (NOC) should be filed.
Z&K will prepare the final punch list when the contractor has certified and demonstrated the work is substantially complete
MANAGEMENT APPROACH
The team proposed on this project have over 25 years of experience in construction management and construction inspection. We have successfully utilized CM Agency delivery on a host of projects. Through this experience we have developed project management procedures that promote collaboration and teamwork, improve quality and maximize the value of the above project. Z&K’s past performance with Cities, Counties, and other agencies show our remarkable ability to control costs, guarantee great quality of work, and meet all project deadlines.
We understand the importance of Schedule Control and are known in the industry for assisting the contractor to cut the project schedule and to yield significant savings for our clients through reduction of overhead construction management and construction costs. The most significant saving is less inconvenience to the traveling public and less City exposure due to shortened construction duration. This will help extend excess project funds into other important projects.
Z&K Consultants, Inc. provides proven professional construction management techniques to ensure the safe construction of a quality project completed on time and within budget. Z&K accomplished this by establishing the systems, policies, and procedures necessary to ensure adequate project controls are in place. The Construction Manager must ensure all parties understand the basic responsibilities and interrelation ships of all team member such as the Owner (both project management and operations), the Design Engineer, the Contractor, and the construction management team. Additionally, a good Construction Manager must have the knowledge and experience to effectively understand the interrelationships between the key management components of time, information, cost, and quality. Decision making, including obtaining sufficient information to make reasoned decisions, is the key element leading to a successful project. the project. The Z&K approach is founded on a thorough understanding of each of the management components critical to the project.
TIME MANAGEMENT | Time management uses scheduling to accurately manage and track the restrictive elements of time and resources throughout the project. The key to a successfully implemented and managed schedule is the development of an accurate, detailed, and realistic baseline schedule. Z&K will review the Contractor’s baseline schedule to ensure it is accurate and reasonable. Activity durations and logic ties will be examined for accuracy and constructability.
The schedule logic and activity durations will also be analyzed to ensure the Contractor does not use float suppression techniques. Schedule float is a valuable resource for the Owner and the Contractor.
Schedule implementation and administration is the next step in proper time management. The Contractor’s actual progress will be documented daily. The Z&K Team will review the progress with the Contractor at the weekly meetin gs. The Contractor’s three-week-look-ahead schedule will be compared with the work plan on the record schedule to ensure the Contractor continues to use the record schedule as a management tool. We will check the record schedule for activities with start dates that did not begin during the review period. This proactive approach flags potential delay issues for further discussion.
COST MANAGEMENT | Z&K will take the lead to ensure a cost management system is properly implemented and maintained. Z&K’s cost management role will be in two parts. The first is to track the value of the completed work to ensure accurate and detailed monthly progress billing by the contractor. Secondly, Z&K will proactively manage the change order process. The monthly progress billing may be tied to the construction schedule. A cost loaded critical path method (CPM) schedule is a valuable management tool. Each month, the Construction Inspector will review and approve the updated cost loaded CPM. Work activities and material deliveries will be assigned the correct completion percentage by the Contractor.
This will be reviewed by the Construction Inspector and discrepancies will be addressed. 514
If necessary, the Contractor will revise and resubmit the schedule of values. This process ensures the Owner is accurately billed for the completed work monthly. Changes in work and unforeseen conditions will be closely monitored. Any costs for changes will be managed by the Z&K construction management team. An ongoing log of potential change issues will be maintained. These issues will be discussed and updated at each weekly meeting.
FUNDING MANAGEMENT | Z&K will ensure that the City has a ll necessary information to comply with the funding requirements. Our team is experienced in complying with funding reporting and filing requirements. We pay close attention to these requirements and deadlines so that project funding remains unaffected and so that file audits are conducted quickly and efficiently. Our team is also experienced in ensuring that project documents show compliance with DBE reporting requirements, DBE goals, and/or good faith effort documented. Proper Project documentation is key in any audits.
QUALITY MANAGEMENT | Quality management is an inherent CM responsibility. Z&K is knowledgeable and capable in all aspects of quality management. Quality assurance is the application of systematic methods to verify the effective implementation of quality control procedures. Z&K will manage the quality of the project by taking the quality assurance lead role and implementing the Z&K quality assurance program, which allocates quality control responsibilities to the various project participants to ensure the constructed product conforms to the contract plans and specifications. This includes a detailed inspection plan, inspection procedures, and documentation procedures for all inspection and test reports. Z&K will review the Contractor’s quality control procedures to ensure adequacy. Quality control issues will be discussed at each weekly meeting. An ongoing deficiencies/corrective items list will be maintained, reviewed, and updated weekly.
Quality assurance includes quality of the constructed work as well as the quality of the Contractor’s document processes (such as the Contractor’s submittals and RFIs). In Z&K’s experience, lack of quality in the paperwork with items such as poor submittals and unanswered RFIs may lead to lack of quality in the constructed product. Deficiencies in submittal quality control by the Contractor often leads to incorrect or inferior equipment and materials being installed. Z&K will be proactive with the Contractor to ensure the quality of their submittals. Likewise, lax procedures for the processing of RFIs may lead to misunderstandings and delays.
Z&K will take a proactive approach with the Contractor and the Design Engineer to ensure the quality of the RFI process is maintained. Finally, Z&K regularly performs internal audits of its field operations to ensure the proper implementation of procedures for Z&K’s quality assurance program.
INFORMATION MANAGEMENT | Proper information flow is crucial to the success of a project. A construction project generates a large amount of information, which must be distributed to all parties on a timely basis. The source of this information will cover the full spectrum including contracts, meeting minutes, drawings and specifications, submittals, requests for information (RFIs), pay requests, invoices, inspection reports, and so forth. Z&K, as CM, will act as the hub for the management of all information flow. Z&K has extensive experience providing document management solutions for its clients. Z&K’s approach to information management also includes building a communication framework to continually foster partnering and teamwork relationships for all the project stakeholders. Z&K builds this framework from the start of the project with an all-inclusive kick-off meeting where the lines of communication and project responsibilities will be clearly explained to all the project stakeholders.
The emphasis on project communication continues throughout the project with the weekly construction meetings. At each weekly meeting, all ongoing issues will be reviewed and discussed. All project stakeholders will be invited to the meetings.
An agenda of meeting topics will be distributed in advance and include items such as safety, old business, updated progress of the work, RFIs, submittals, testing and inspection reports, non-conformance notices, environmental monitoring, change orders, three-week-look-ahead schedule, pay requests, and so forth. Unresolved issues will be carried over to the next week’s meeting until a final resolution is obtained.
CODES & PROCEDURES MANAGEMENT | Z&K has a strong knowledge of the City, County, State, and Federal codes and procedures that are required to deliver a successful project. Z&K will ensure that all codes and procedures are properly followed for the City’s Project.
Some of the requirements are as follows:
o Project Construction Documents
o City Standards and Design Manuals
o California Building Code
o California Plumbing Code
o California Mechanical Code
o California Electrical Code
o California Building Energy Efficiency Standards
o Title 24, Part 2, 2.5, 3, 4, 5, 6, 11
o California Fire Code
o California Residential Code
o California Green Building Code
o California Disabled Regulations
o City Codes & Ordinances
o City Grading Code & Manual
o APWA “Greenbook” Standard Specifications for
Public Works Construction
o Caltrans Standards, Specifications, and
Procedures
o Caltrans Construction Manual
o Caltrans Safety Manual
o OSHA Construction Safety
Orders
o 10/30-hr OSHA Training Certification
o Local Assistance Procedures Manual (LAPM)
o State and Federal Building Codes (Site
Accessibility)
o County Procedures and Guidelines
o Work Area Traffic Control Handbook (WATCH)
Manual
o Manual of Uniform Traffic Control Devices
(MUTCD)
o Project Safety Plan (PSP)
o Site Health and Safety Plan
o Activity Hazard Analysis (AHA)
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Activity ID Activity Name Original Duration Start Finish EVRM CITY OF EASTV ALE - STREET IMPROVEMENTS RAISED MEDIANS PROJECTEVRM CITY OF EASTV ALE - STREET IMPROVEMENTS RAISED MEDIANS PROJECT50 02-Dec-24 12-Feb-25 EVRM.3 ADMINSTRATIONEVRM.3 ADMINSTRATION 50 02-Dec-24 12-Feb-25 EVRM.3.1 NTP CONTRACT MILESTONESEVRM.3.1 NTP CONTRACT MILESTONES 50 02-Dec-24 12-Feb-25 E1200 CONSTRUCTION NTP - PROPOSED CONTRACT DURATION 50 WORKING DAYS 50 02-Dec-24* 12-Feb-25 E1210 CONSTRUCTION START DATE NTP DEC 2ND, 2024 0 02-Dec-24* EVRM.3.2 PREPARE/SUBMIT/REVIEW SUBMITTALSEVRM.3.2 PREPARE/SUBMIT/REVIEW SUBMITTALS 0 02-Dec-24 02-Dec-24 E1000 CONSTRUCTION SCHEDULE 0 02-Dec-24*
E1010 NOTIFICATION TO RES IDENTS 0 02-Dec-24*
E1020 CONCRETE MIX DESIGNS 0 02-Dec-24*
E1030 AC MIX DESIGNS 0 02-Dec-24*
E1040 SIGNING & STRIPING 0 02-Dec-24*
E1050 LOOPS 0 02-Dec-24
EVRM.11 CONSTRUCTIONEVRM.11 CONSTRUCTION 50 02-Dec-24 12-Feb-25 E1060 MOBILIZATION 5 02-Dec-24* 06-Dec-24
E1090 POTHOLE FOR UTILITY CROSSINGS 5 02-Dec-24 06-Dec-24 EVRM.11.2 RIVER RD (MEDIAN 3) & ARCHIBALD (MEDIAN 2)EVRM.11.2 RIVER RD (MEDIAN 3) & ARCHIBALD (MEDIAN 2) 30 09-Dec-24 22-Jan-25 E1070 INSTALL 3" & 4" SLEEVE ON RIVER RD 1 09-Dec-24* 09-Dec-24 E1080 REMOVE AC SECTION & CURB FOR MEDIANS ON RIVER ROAD & ARCHIBALD 10 09-Dec-24 20-Dec-24 E1100 CONSTRUCT MEDIAN CURB 18 23-Dec-24 20-Jan-25
E1110 AC BASE PAVE & CAP 2 21-Jan-25 22-Jan-25
EVRM.11.3 CANTU GALLEANO (MEDIAN 1)EVRM.11.3 CANTU GALLEANO (MEDIAN 1) 36 09-Dec-24 30-Jan-25 E1150 INSTALL 3" & 4" SLEEVE ON CANTU GALLEANO (DIRECTIONAL BORE) 2 09-Dec-24* 10-Dec-24 E1160 REMOVE AC SECTION & CURB FOR MEDIANS ON RIVER ROAD & ARCHIBALD 5 09-Jan-25 15-Jan-25 E1170 CONSTRUCT MEDIAN CURB 6 16-Jan-25 23-Jan-25
E1180 CONCRETE PAVEMENT POUR 3 24-Jan-25 28-Jan-25
E1190 AC IMPROVEMENTS 2 29-Jan-25 30-Jan-25
EVRM.11.8 LANDSCAPING - STRIPING AND PUNCHLISTEVRM.11.8 LANDSCAPING - STRIPING AND PUNCHLIST 15 23-Jan-25 12-Feb-25 E1120 BACKFILL AND LANDSCAPING 10 23-Jan-25 05-Feb-25
E1130 LAYOUT AND STRIPING, LOOPS 10 30-Jan-25 12-Feb-25 E1140 PUNCHLIST 10 30-Jan-25 12-Feb-25
Dec Jan Feb Mar Apr May Jun
2024 2025
12-Feb-25, EVRM CITY OF EASTVALE - STREET IMPROVEMENTS RAISED MEDIANS PROJECT 12-Feb-25, EVRM.3 ADMINSTRA TION
12-Feb-25, EVRM.3.1 NTP CONTRACT MILESTONES
CONSTRUCTION NTP - PROPOSED CONTRACT DURATION 50 WORKING DAYS CONSTRUCTION START DATE NTP DEC 2ND, 2024, 02-Dec-24*
02-Dec-24, EVRM.3.2 PREPARE/SUBMIT/REVIEW SUBMITTALS
CONSTRUCTION SCHEDULE, 02-Dec-24*
NOTIFICATION TO RES IDENTS, 02-Dec-24*
CONCRETE MIX DESIGNS, 02-Dec-24*
AC MIX DESIGNS, 02-Dec-24*
SIGNING & STRIPING, 02-Dec-24*
LOOPS, 02-Dec-24
12-Feb-25, EVRM.11 CONSTRUCTION
MOBILIZATION
POTHOLE FOR UTILITY CROSSINGS
22-Jan-25, EVRM.11.2 RIVER RD (MEDIAN 3) & ARCHIBALD (MEDIAN 2) INSTALL 3" & 4" SLEEVE ON RIVER RD
REMOVE AC SECTION & CURB FOR MEDIANS ON RIVER ROAD & ARCHIBALD
CONSTRUCT MEDIAN CURB
AC BASE PAVE & CAP
30-Jan-25, EVRM.11.3 CANTU GALLEANO (MEDIAN 1)
INSTALL 3" & 4" SLEEVE ON CANTU GALLEANO (DIRECTIONAL BORE)
REMOVE AC SECTION & CURB FOR MEDIANS ON RIVER ROAD & ARCHIBALD
CONSTRUCT MEDIAN CURB
CONCRETE PAVEMENT POUR
AC IMPROVEMENTS
12-Feb-25, EVRM.11.8 LANDSCAPING - STRIPING AND PUNCHLIST
BACKFILL AND LANDSCAPING
LAYOUT AND STRIPING, LOOPS
PUNCHLIST
CITY OF EASTVALE
STREET IMPROVEMENTS PROJECT
FOR NEW RAISED MEDIANS ON CANTU-GALLEANO
RANCH ROAD, ARCHIBALD AVENUE, AND RIVER ROAD
Actual Level of Effort
Actual Work
Remaining Work
Critical Remaining Work
Milestone
summary
516
Implement Project
Management Plan
• Develop Construction
Management Procedures
Manual (CMPM) Project Kick-Off Meeting with
Department Staff
(Project Manager)
Review Project Documents
• Specifications
• Plans
• Manuals
• Permits
• Documentation
Requirements
Prepare Pre-Construction
Meeting
• CM Agenda
• Daily Report Form
Approval
• Permit Requirements
• Work Requirements
• Work Restrictions
• Liquidated Damages
• Superintendence
• Critical Path Submittals
• CPM Schedule
• Milestones
• Facility Shutdowns
• Safety
Pre-Construction
Documentation
• Digital Documentation
• Digital Video
Pre-Construction Phase
Z&K Consultants, Inc. proposes to provide the scope of services as set forth in the RFP:
Construction Phase
CM Responsibilities
• Direct Charge of Work
Keep the City Project
Manager and Staff, and the
City Informed
• Maintain Compliance with
Permits
• Maintain Staff
Communication
• Administer Project Plan
• Quality Assurance
• Monitor Construction
Schedule
• Cost Management
• Project Team
Coordination
• Monitor RFIs and RFCs
• Review Change Orders
• Negotiate Change Orders
• Monthly Progress Reports
• Submittal Completeness
Review
• Maintain Submittal Log
• Coordinate Training,
Start-up and Testing
Observation
• Review Traffic Plans
• Assist, Review, and
Negotiation for Extra
Work Orders
Monitor Project Financial
Status
Submittal Partial Payment
Request
• City Forms and Format
CM Responsibilities
Keep the City Project
Manager and Staff, and City
of Eastvale Informed
• Maintain Permit
Compliance
• Maintain Staff
Communication
• Quality Assurance
• Daily Inspection Reports
and Digital
Documentation
• Monitor Safety
• Monitor SWPPP
• Coordinate Geotechnical,
Materials, & Water
Sampling Testing
• Monitor Traffic Plan
• Monitor and Lead
Resolution of Day-to-Day
Construction and
Construction Issues
Confirm Materials &
Equipment
• Confirm Installed
Materials Against
Submittals
Construction Survey
• Monitor Construction
Surveying
Consultant Coordination
• Geotechnical & Material
Testing
• CM to coordinate
Contaminate Soil Testing,
Handling, and Disposal
• CM Team to lead and
assist with Public
Relations and Community
Outreach
Review Partial Payment
Requests
CM / Inspector
Responsibilities
Keep the City Project
Manager and Staff, and the
City Informed
• Maintain Permit
Compliance
• Maintain Staff
Communication
• Quality Assurance
• Daily Inspection Reports
and Digital
Documentation
• Monitor Safety
• Monitor SWPPP
• Coordinate Geotechnical,
Materials, & Water
Sampling Testing
• Review and Coordinate
the Contractor’s Bypass,
Shutdown, & Start-Up
Plans
• Provide Any Other
Services as Requested by
the City, and Permit
Requirements
Confirm Materials &
Equipment
• Confirm Installed
Materials Against
Submittals
• Sample, Test, Impact, and
Document All Materials
Generated and Produced
for the Project
Document Construction
Deviations
• Prepare Estimate of
Increased/Decreased
Quantities
Review Partial Payment
Requests
Start-Up and Close-Out
Phases
Project Final Job Walk
• Generate Preliminary
Punch List
Commissioning
• Staff Training
• Performance Test Period
Record and Submit Record
Drawings
• Review and Certify
Contractor’s Project
Record Drawings
O&M Manuals Final Review
• Coordinate Preparation
and Verify Completeness
of O&M Manuals
Final Payment
• Check for Preliminary
Notices
• Check for Liens
• Liquidated Damages
• Potential Claims
• File Final Notice of
Completion
• Review and Approve Final
Payment
One-Year Warranty Follow-
Up (As Required)
• Prepare Warranty
Expiration Spreadsheet
• Provide Engineering,
Technical Support, and
Administrative Services
during the Warranty
Phase
517
QA/QC PLAN
Described below are the activities involved in delivering the tasks in the general order they will occur. The tasks identified in the scope of work require varying staff commitments. The staffing plan is presented with the ability to reallocate manhours as needed to fit the Project needs.
Pre-Construction Phase
Activity Description Deliverable
Coordinate with
Utility Co.
Meet with all utility companies responsible for relocating their lines and equipment.
Meeting agenda /
minutes
Photograph and
Video Document the
site
Take pre-construction photos and videotape conditions. Photos, dated with labels, video
Project Schedule/
Long Lead Items
Evaluate Design Engineer’s proposed schedule for construc tion duration and cost. Construction Schedule
Kick-off Meeting
Arrange a pre -construction meeting with agencies, contractor, and utility companies and address all concerns. Review contract administration items.
Meeting agenda and
minutes
Conforming to
City/Caltrans
Standards
Review and assist staging plans for compliance with the law and Caltrans guidelines.
Review comments &
assist
Construction Phase
Weekly Progress and
Schedule Meeting
Conduct weekly meetings to discuss schedule, change orders, new issues, submittal status, RFI's & safety.
Meeting agenda and
minutes
Deficiency Log Maintain a log of non-compliant work items. Deficiency Log Process Submittals Review and track all submittals for completeness & constructability. Submittal Approval Log Track Quantities Track quantities of completed/force account work for payment. List of Quantities Process Requests for
Information (RFI) Answer the Contractor’s RFI, ensure that the designer explains design RFI. RFI Logs Review Contract
Change Orders (CCO)
Review CCO's proposed by the contractor. Recommend needed CCO's.
Track cash flow for CCO's.
Logs of potential and
issued CCO's
Claims
Administration
Perform claims administration, coordination and monitoring claims, response preparation, logging claims, and tracking claims status.
Potential claims and
financial impact to the
City
Weekly Statement of
Working Days
Issue a Weekly Statement of Working Days, showing days remaining, and rainy days.
Weekly Statement of
Working Days
Environmental
Compliance
Review and enforce requirements in permits issued by regulatory and agencies. Maintain/update the master ECR for project compliance. Reports & inspection Labor Compliance Monitor for compliance with the applicable labor laws and contract requirements, such as prevailing wage requirements.
Verify Certified
Payrolls, Wages, and
Interviews
Progress Payments Review contractor's payment requests, verify completed quantities Certified Pay Request Project
Documentation
Maintain a project Uniform Filing System per Caltrans LAPM /Construction Manual “Project Documentation”.
Electronic files, project
files/logs
Project Schedule Review contractor's baseline, monthly, and "look-ahead" submittals. Notify all parties of deviations from the schedule.
Project Schedules,
Correspondence
Permits/Easement
Utility relocations
Continuation of pre- construction activities. Assist in coordination and scheduling of utility work.
Permits easements,
relocated utilities
518
SWPPP & Safety
Assist and review, approve and monitor of the Contractor’s SWPPP.
Review, monitor, document and enforce contractor safety procedures for compliance with laws and regulations.
SWPPP Review,
conduct regular
safety/tailgate meetings
Disadvantage
Business Enterprise
Assure that the contractor is meeting disadvantage business enterprises goals established for the project.
Prepare Exhibit 9f of
Caltrans LAPM monthly
Quality Assurance /
Inspection
Inspect work to ensure compliance with contract documents. Reject unacceptable work using Deficiency Log. Observe the work of special inspectors when required.
Daily Inspection
Reports. NCR &
Deficiency Log
Progress Photos Continue taking pictures to document the contractor's progress and any problems.
Pictures labeled with a
log
Community Outreach Respond to citizens and business owner’s concerns. Minimize complaints Daily Inspection
Reports Document contractor’s daily operations and provides daily diaries. Daily Reports, field measurement
Traffic Control,
Closure Coordination
Review contractor’s traffic control and lane closure request, obtains CT closure approval, establish an agreement/contract with CHP’s.
Conduct regular safety/
tailgate meetings
Post Construction Phase
Final Inspection Conduct a final inspection/walk-through including maintenance and service personnel. Issue preliminary and final punch list. Coordinate with City.
Punch lists and Notice
of Completion
"As-Built" Drawings Review Contractor's redline drawings, submit to the designer. As-built redline drawings
Dispute Resolution As requested, aids in resolving any outstanding disputes. Negotiation/ arbitration Project Files Deliver all project files including photographs. Complete Final Report and Funding Reimbursement application. Project files/e-files Final Inspection
Conduct a final inspection/walk-through including maintenance and service personnel. Issue preliminary and final punch list. Coordinate with City and Caltrans.
Punch lists and Notice
of Completion
Final Pay Request,
Certificate of
Completion
Process the contractor's final payment request, issue a Certificate of Completion, obtain applicable permits and a Project Final Report.
Final Pay Request,
Certification of
Completion
519
COST PROPOSAL
October 15, 2024
Gabriel Mayorquin, Associate Engineer
City of Eastvale, Public Works Department
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
Subject: Request for Proposal for Construction Management and Inspection Services for the 2024 Median Project, CIP#93039
Dear Mr. Mayorquin,
Z&K Consultants Inc. (Z&K) proudly presents our cost proposal for Construction Management and Inspection Services for the 2024 Median Project, CIP#93039. Our not-to-exceed total lump sum fee for CM/CI Services is $82,720.00.
Z&K Consultants based our cost proposal on the scope of work provided in the Request for Proposals. All prevailing wage requirements will be followed by the tea m. All team members are in conformance with the State of California Labor compliance requirements. Rates included in our Cost Proposal are fully billable rates. All overhead costs are included. All insurance will be in force at the time of contract execution.
Z&K has carefully selected this "A-Team" and committed our most qualified staff for the duration of the contract to deliver a successful project. We understand the importance of meeting budgets and schedules; we have a strategic plan in place to deliver projects with such benchmarks in mind. Our proposed team members are recognized as experts in Inspection services and will provide “turn-key” Inspection Services for this project.
Z&K Consultants, Inc Hourly Rates:
Senior Construction Manager ......................................................................................................................... $168.00 Senior Construction Inspector ........................................................................................................................ $152.00
The fee proposal shall be based on a not-to-exceed fee for a construction period of 50 Working Days. This fee assumes the following:
• 8 hours for pre-construction meetings
• 10 hours a week for the Senior Construction Manager
• 8 hours a day for the Senior Construction Inspector
• 8 hours for project closeout
Overtime rates are billed at 1.5x the regular rate and double time rates are 2x the regular rates, with a 3% increase per annum. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership roles and supervisory management positions in many local agencies including the private and public sectors.
All can multi-task, are multi-disciplined, and have a full understanding of all aspects of the proposed project requirements.
I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The payment terms shall be net thirty (30) days. We are excited about this opportunity to serve the City of Eastvale and are committed to the successf ul completion the City’s important project.
Sincerely,
Crystal Fraire, PE, QSD/P |President, Z&K Consultants Inc. 473 E. Carnegie Drive | Suite 200 | San Bernardino, CA 92400 951.310.7470 | [email protected]
CITY OF EASTVALE | CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2024 MEDIAN PROJECT, CIP#93039
Task/ Classification
Senior Construction
Manager
(Hrs)
Senior Construction
Inspector
(Hrs)
Total Cost
Hourly Rate $168.00 $152.00 -
Task 1: Pre-Construction Meetings 8 8 $2,560.00
Task 1.1: Construction 100 400 $77,600.00
Task 2: Post Construction 8 8 $2,560.00
Total Hours 116 416 -
Total Cost $19,488.00 $63,232.00 $82,720.00
520
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.8
November 13, 2024
Approval of I-15 Corridor Economic Development Collabora-ve Le.er to the 2028 Los Angeles Summer Olympics Hos-ng
Committee
Prepared By:
Alexander Fung, Economic Development Manager
Recommended Action(s)
Staff recommends that the City Council approve the I-15 Corridor Economic Development Collabora#ve’s le%er to the 2028 Los Angeles Summer Olympics Hos#ng Commi%ee and authorize the Mayor to execute the letter on behalf of the City.
Summary
Last year, the City Managers from ci#es along the northern I-15 Corridor in the Inland Empire formed the I-15 Corridor Collabora#ve to foster partnership opportuni#es across county lines with the spurring of City Manager Orme. These include the ci#es of Corona, Eastvale, Fontana, Jurupa Valley, Norco, Ontario, and Rancho Cucamonga. The I-15 Corridor Collabora#ve iden#fied an opportunity for Economic Development Teams across these ci#es to leverage resources in prepara#on for the 2028 Summer Olympics, which will be held in Los Angeles. The Hos#ng Commi%ee has selected an equestrian sports venue in the Inland Empire (Temecula). The I-15 Corridor Economic Development Collabora#ve was formed in October 2024 to lobby for more events to take place in the Inland Empire.
The I-15 Corridor Economic Development Collabora#ve desires to author a le%er to the 2028 Los Angeles Summer Olympics Hos#ng Commi%ee and extend an invita#on to partner on developing a marke#ng and community engagement campaign that will enhance the visibility and economic impact of the 2028 Summer Olympics in the Inland Empire. A copy of the dra; le%er can be found in 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
521
A.achment 1
. Staff is seeking the City Council’s approval for the Collabora#ve to submit the le%er to the 2028 Los Angeles Summer Olympics Hosting Committee on behalf of the City.
Background
The I-15 Corridor Economic Development Collabora#ve held its inaugural mee#ng at the Eastvale City Hall on October 1, 2024. There was significant interest from the Collabora#ve’s member ci#es to ini#ate a formal partnership with the 2028 Los Angeles Summer Olympics Hos#ng Commi%ee and launch a collective branding campaign.
The Collabora#ve seeks to work closely with the Hos#ng Commi%ee to engage local communi#es, foster excitement, collaborate on marke#ng and media efforts, and promote the I-15 Corridor as a vibrant hub for visitors to stay, dine, and explore while attending the Olympic events.
Environmental
Pursuant to Sec#on 15378 of the California Environmental Quality Act (CEQA) Guidelines, organiza#onal or administra#ve ac#vi#es of governments that do not result in direct or indirect physical changes in the environment are not considered as CEQA projects.
Strategic Plan Action - Priority Level: 1
| Target #: B
| Goal #: B
Approving this le%er and allowing the I-15 Corridor Economic Development Collabora#ve to submit the le%er on behalf of the City directly contributes to the City’s efforts to highlight the unique a%ributes of Eastvale and encourage visitors to experience the City’s diverse community, culture, and attractions.
Fiscal Impact
The approval of the letter does not result in any direct fiscal impacts.
Prior City Council/Commission Action
There were no prior City Council or Commission actions.
Attachment(s)
Attachment 1 - Draft Letter
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
522
[Include Member Cities’ Logos]
November XX , 2024
Los Angeles Organizing Committee
Olympic and Paralympic Games (LA28)
10900 Wilshire Blvd., Suite 700
Los Angeles, CA 90024
RE: I-15 CORRIDOR ECONOMIC DEVELOPMENT COLLABORATIVE’S
INVITATION TO ESTABLISH A FORMAL PARTNERSHIP IN PREPARATION OF 2028 SUMMER OLYMPICS
Dear LA28 Organizing Committee,
On behalf of the Cities of Corona, Eastvale, Fontana, Jurupa Valley, Norco, Ontario, and Rancho Cucamonga, we are excited to initiate a formal partnership with LA28. Together, we can create a powerful, engaging, and inspiring marketing and community engagement campaign that will enhance the visibility and economic impact of the 2028 Summer Olympics around the I-15 Freeway Corridor in the Inland Empire Region.
Our cities’ respective City Managers have formed the I-15 Corridor Collaborative last year to leverage our collective resources to create an impactful and seamless experience for residents, visitors, and businesses in the Inland Empire. Recently, the Collaborative recommended the formation of a subgroup called the I-15 Corridor Economic Development Collaborative, which includes the cities’ respective Economic Development Teams, to form partnerships and further market the region leading up to and during the 2028 Summer Olympic Games. Given the proximity of the I-15 Freeway Corridor to the Ontario International Airport and Equestrian Center in Temecula, we believe that our collaboration offers a unique opportunity to position the Inland Empire as one of the premiere destinations for those traveling to Southern California for the Olympics.
The I-15 Corridor Economic Development Collaborative seeks to work hand-in-hand with LA28 to:
● Collaborate on marketing and media efforts that highlight the unique attributes of the Inland Empire Region, encouraging visitors to experience our diverse cities, culture, and attractions.
● Engage local communities in Olympic-themed activities and events to foster excitement and pride in hosting the Olympic Games.
523
● Promote the I-15 Freeway Corridor as a vibrant hub for visitors to stay, dine, and explore while attending the Olympic events.
We are confident that this partnership will be mutually beneficial and would be honored to contribute to the success of the 2028 Summer Olympics. Please do not hesitate to contact us at (951) 703-4415 or [email protected] to arrange a meeting to discuss this partnership in further detail. We look forward to exploring potential avenues for collaboration and discussing how our Collaborative can support LA28’s goals through this initiative.
Sincerely,
[Include Signature] [Include Signature]
Tom Richins Christian Dinco
Mayor Mayor
City of Corona City of Eastvale
[Include Signature] [Include Signature]
Acquanetta Warren Guillermo Silva
Mayor Mayor
City of Fontana City of Jurupa Valley
[Include Signature] [Include Signature]
Kevin Bash Paul S. Leon
Mayor Mayor
City of Norco City of Ontario
[Include Signature]
L. Dennis Michael
Mayor
City of Rancho Cucamonga
524
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.9
November 13, 2024
Interim Financial Report - Fiscal Year 2023-24, Quarter 4 Prepared By:
Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council receive and file the Interim Financial Report for Fiscal Year 2023-24, Quarter 4 ending June 30, 2024.
Summary
The goal of the Fiscal Year 2023-24 Annual Opera,ng and Capital Improvement Budget served to establish both long-term and short-term financial planning for the City while adhering to regula,ons set by the Governmental Accoun,ng Standards Board (GASB). The comprehensive budget illustrates City Council’s commitment to providing cost effec,ve municipal services. City Council adopts an opera,ng and capital improvement budget every year, which commits resources for the accomplishment of the City’s Strategic Plan, policies, and execu,on of services to the public. The budget report iden,fies target areas while measuring achievements to ensure departments remain transparent and on track. An abundant amount of ,me, analysis, and data from various resources helps establish projec,ons to forecast proper revenue and expenditure budgets. The budget is a dynamic document that is amended throughout the year for various reasons, including City Council ac,ons on department requests, ac,ons by third par,es which impact the budget plan, or changes in the economy.
The Quarterly Interim Financial Report is intended to serve as an update to City Council on the City's revenue and expenditure performance with respect to budget. This par,cular Interim Financial Report is for the fourth (4) quarter of fiscal year 2023-24 ending June 30, 2024. The figures in the a:ached reports represent the unaudited financials for quarter four as of October 22, 2024. It is important to note that the figures contained within the report do not reflect audited financials for 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
525
the current fiscal year, and figures may be adjusted in accordance with audit standards, although staff does not an,cipate any addi,onal changes. This report does reflect Mid-Year Amendments adopted on February 28, 2024 .
Background
Detail regarding the Interim Financial Report can be found in attachment 1, Interim Financial Report.
Environmental
Government fiscal ac,vi,es and budget appropria,ons are not considered a Project as defined by the California Environmental Quality Act (CEQA) and no environmental review is required.
Strategic Plan Action - Priority Level: 3
| Target #: C
| Goal #: H
Ensure that City revenues align with expenditures.
Fiscal Impact
The interim report for quarter four of fiscal year 2023-24 does not cause a fiscal impact to the city.
Prior City Council/Commission Action
In prepara,on for the adop,on of the Fiscal-Year 2023-24 Annual Opera,ng Budget staff followed the budget ,meline as presented at the December 14, 2022 council mee,ng. The City Council held a Strategic planning Workshop and Priori,es Update on February 9, 2023. City Council was also presented with a budget goal seGng session and workshop conducted on April 26, 2023. On June 14, 2023 the draH budget was presented to Council as a budget study session, no changes were made to the proposed budget. On June 28, 2023 the City Council unanimously adopted the budget.
On January 24, 2024, the City Council received and filed the Fiscal Year 2023-24 Quarter 1 Interim Financial Report. On April 24, 2024, the City Council received and filed the Fiscal Year 2023-24 Quarter 2 Interim Financial Report. On July 24, 2024, the City Council received an filed the Fiscal Year 2023-24 Quarter 3 Interim Finance Report.
Attachment(s)
Attachment 1 - Interim Financial Report: FY 2023-24 Quarter 4
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
526
CITY OF
EASTVALE
CALIFORNIA
INTERIM FINANCIAL REPORT
QUARTER FOUR | 12 MONTHS
FISCAL YEAR 2023 - 2024
527
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months, 99% Reported
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 2
REPORT OVERVIEW
On June 28, 2023, the City Council adopted the Fiscal Year 2023 -24 budget. The interim financial report is prepared by the Finance Department and contains informa�on related to the fiscal year 2023-24 budget and actual ac�vity for revenues and expenditures for the 12-month period ending June 30, 2024. The figures contained in this report are audited for fiscal years 2021-22, 2022-23, and unaudited for the 2023-24 fiscal year.
QUARTER 4 HIGHLIGHTS: Key changes impacting the city during the fourth quarter of fiscal year 2023-24 Prior Fiscal Year Notes: The city ended the prior fiscal year with a budget surplus of $31.3 million. The surplus is due to several factors. The overwhelming majority of the surplus is due to an increase in the city’s sales tax receipts. Addi�onally, the City experienced savings in its largest department s in the General Fund, General Government, Community Development, and Public Works . These departments had budget surplus es due to vacancies and capital improvement plan savings.
Ending the Fiscal Year : The city will likely finish the year with an approximate $39.1 million in budget surplus in the General Fund. The surplus was primarily due to a late payment of sales tax due for the fourth quarter 2020, which the city expected to receive during the 2021-22 fiscal year, however the California Department of Tax and Fee Administra�on was unable to process the correc�on un�l Winter 2024. These funds have already been commited by the City Council during the fiscal year 2024-25 budget process for the City’s Civic Center project. Similarly, the Fire Fund will complete the year with a $2. 7 million budget surplus and these funds were set aside in the Third Fire Sta�on reserve for fiscal year 2024-25.
Fund Balance: The city is projected to complete the year with $166.5 million in fund balance in the General Fund. Reserves have grown to this level over almost eight years of intensely focused saving priori�es set by the City Council for capital improvement projects. The city keeps two types of reserves, assigned (within City Manager authority and set by City Council policy) and commited (designated by City Council resolu�on) . A litle less than $15.5 million is set aside as an assigned emergency reserve for opera�ons. Addi�onal assigned reserves include $29.5 to cover capital improvement project grants not yet reimbursed and the city is holding $5.0 million for a grant match for trail improvements. Another reserve of $327,823 is assigned to cover special revenue fund nega�ve fund balances. Finally, the city’s Business Incen�ve Loan program reserve contains $300,000. A total of $ 90.5 million has been commited by the City Council for the Civic Center project and other capital reserves. The remaining unassigned fund balance totals $22.4 million and was commited to capital improvement projects during the 2024-25 fiscal year budget process; a majority of it was set aside for the Civic Center project. It is important to note that once the Civic Center project is underway, a large bulk of the reserves, totaling $89,015,029 will be spent on building construction. The Fire Fund is projected to finish the fiscal year with $19.5 million in fund balance. An assigned emergency reserve of $4.8 million is set aside for opera�ons, and an addi�onal $2.0 million is assigned for the future third fire sta�on. A n addi�onal $8.0 million was commited by the City Council for the future third fire sta�on, and $400,000 is commited as an equipment replacement reserve. This leaves $4.4 million of unassigned fund balance, which was commited during the 2024-25 fiscal year budget process for the third fire sta�on project.
Sales Tax Monitoring: The Finance department con�nues to monitor revenues closely, par�cularly sales tax. A true-up payment applicable to quarter two ending December 31, 2020, was received during the fiscal year and skewed sales tax revenues for the year. The true-up totaled $7.8 million. More detail regarding sales tax is available in the atachments “General Fund Opera�ng Summary” and “Sales Tax Quarterly Summary.” Appropria�ons Limit: A summary report, “Appropria�ons Limit Summary,” is included in this report. The city exceeded the state mandated Appropria�ons Limit for fiscal year 2020 -21, 2021-22, 2022-23, and 2023-24. The summary report details the city’s limit and revenues subject to appropria�ons and provides trend data for the last seven fiscal years. The city will con�nue to address the appropria�ons limit implica�ons during the budget and mid-year processes. The City Council commited funds that exceeded the limit towards capital outlay. 528
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months, 99% Reported
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 3
Attached Detail Reports
General Fund Summary by Category
General Fund Summary by Department
General Fund Opera�ng Summary
Other Funds Revenue and Expenditure Summary
City-Wide Fund Balances
Assigned Reserve, Con�ngency Calcula�on
Appropria�ons Limit Summary
Sales Tax Quarterly Summary
Accounting Methods
The figures presented in this execu�ve summary and the atached reports reflect general ledger balances as of June 30, 2024.
Approximately 99% of the year has been reported. The city u�lizes an accrual basis of accoun�ng for all governmental funds, as required by the Generally Accepted Accoun�ng Standards (GAAP). To comply with GAAP, staff accrues revenues received and expenditures occurring in the months of July and August back to the month of June. This matches the transac�on to the period in which revenue was earned or the expenditure occurred. Although June 30, 2024, has passed the City’s financials have not yet been audited and finalized. The figures in this report represent audited figures through June 30, 2023, and the Finance Department’s best es�mate of revenues and expenditures for June 30, 2024, as of the published date of this report.
This report does not include projections and only focuses on the City’s performance in comparison to budgeted estimates.
GENERAL FUND OBSERVATIONS
The city’s General Fund is the largest and most flexible of the city’s funds as it contains all unrestricted revenues and provides the most discre�on for expenditures. Major General Fund revenue sources include sales tax, property tax, franchise fees, permit fees, and intergovernmental. The General Fund holds the majority of services provided to the community including police services, community development, and general government. The General Fund Overview table provides budgeted revenues and expenditures in addi�on to actual revenues and expenditures. The percentage reflects the percentage of budget u�lized.
Balanced Budge�ng – Per the city’s adopted Budget
Policy, the total expenditure appropria�ons shall not
exceed the total of es�mated revenues. In the
adopted fiscal year 2023-24 budget, total General
Fund expenditure appropria�ons did not exceed
revenues and the total budget surplus totaled $ 20.7
million; this budget surplus has increased to $2 7.7
million at mid -year, and the actual surplus was
finalized at $39.1 million. Details regarding the city’s opera�ng statement can be found on page seven and
in the Atachment General Fund Opera�ng Summary.
Net Revenue/Change in Fund Balance - The General
Fund will likely complete the fiscal year with $ 39.1
million in net revenue, also called a budget surplus
(revenue minus expenditures), for the fiscal year
2023-24. These funds have been allocated towards capital infrastructure reserves; commited reserves were iden�fied during the 2024-25 budget process and adopted by council via resolu�on.
General Fund Overview
12-Months Ended June 30, 2024
General Fund
Overview
Amended
Budget
Actual
Ac�vity
%
Revenues 73,717,296 82,268,318 112%
Expenditures 46,065,149 43,178,965 94%
Surplus (Deficit) 27,652,148 39,089,553
0 10
20 30
40 50
60 70
80 90
2021-22 Actuals 2022-23 Actuals 2023-24 Budget 2023-24 Actuals Millions
Year-by-Year Revenue and Expenditures
Revenue
Expenditure
529
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months, 99% Reported
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 4 It should be noted that the Fire Fund also consists of General Fund revenues, however due to agreements with Riverside County the fund is separated as an other-purpose general fund for budgeting purposes. The Fire Fund is collapsed into the General Fund on the c ity’s financial statements. Fire Fund information is in the section following the General Fund in this report.
GENERAL FUND REVENUES
As a general note, not all revenues are received monthly including s ales tax, property tax, and franchise fees . The State of California provides monthly es�mated sales tax advance installments and issues the city a quarterly true -up a�er the State receives quarterly tax returns from businesses. A majority of property tax is typically received solely in the second half of the fiscal year and as a result, a large por�on of property tax revenues have not yet been received for the fiscal year . Franchise fees are received quarterly, a�er the quarter ends.
Overall, General Fund revenues stand at 112% of budget for a total of $82,268,318.
Detail of Specific Revenue Categories
Sales Tax – Sales tax revenues are highly
indica�ve of economic circumstances. The
city u�lizes HdL Companies for sales tax
analysis. Sales tax is the city’s largest
revenue source and for monitoring
purposes staff created an Atachment to
this report �tled “Sales Tax Summary.”
Budget currently stands at $ 55.5 million.
Actual sales tax receipts exceeded budget
expecta�ons by 12% or $ 2.8 million; sales
tax revenues total $ 58,319,
348 for the
fiscal year. Compared to the prior year,
sales tax revenues increased by $11.0
million, primarily due to a $7.8 million back
payment from the quarter ending
December 31, 2020 . The city also
experienced the largest first, second, and
third quarter totals as compared to prior
years, while the fourth quarter was only
second place to quarter four of 2023 . The
third quarter is tradi�onally the lowest
quarter of the year, as consumer spending decreases a�er the holiday season and receipts matched this trend; quarter three sales tax revenues totaled $ 11,478,848, $765,291 less than the next largest quarter, quarter four. However, fourth quarter revenues were the highest ever, for a total of $ 14,184,283 (net of back payment for quarter 2 2020) , which is $1, 137,038 higher than the previous year. Staff believes the largest fluctua�ons are due to one sole business wit hin the city, and will likely con�nue to lend to inconsistent sales tax revenues into the future.
Another note to the city’s largest category of revenue, 95% of the city’s sales tax revenues is generated from the top 25 sales tax producing businesses in the city. This is important because a small number of businesses make up the bulk of the city’s sales tax revenues. If any single business ceases opera�ons within the city’s boundaries, the effect to the city’s sales tax revenues will be substan�al.
Sales & Use Tax
71%
Intergovernmental
8%
Use of Money & Property
6%
Property Taxes
5%
License, Permits & Fees
4%
Franchise Fees
3%
Fines, Penalties &
Forfeitures
1%
Transfers In
1%Miscellaneous
0.5%
Revenue Budget Breakdown
530
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months, 99% Reported
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 5 Property Tax – Property tax revenues are based solely on the valua�on of property, both secured and unsecured property within the city . Secured property is property including land and buildings; unsecured property includes equipment and machinery. Property tax revenues are typically received in the second half of the fiscal year. The city saw a dras�c reduc�on in transfer tax, which is assessed when proper�es sell. Actuals over the last several years have exceeded $400,000, however actuals for the 2024-25 fiscal year only totaled $164,674. Staff believes this is due to land and industrial building sales declining for the 2023-24 fiscal year in addi�on to less residen�al sale transac�ons during the 2023 calendar year. Total property tax actual revenues are $3.9 million or 105% of budget. Compared to the prior year, property tax revenues decreased, due only to the decrease in transfer tax.
Franchise Fees – This category is typically comprised of regular recurring revenues from solid waste collec�on, cable u�li�es, electric u�li�es, and natural gas u�li�es. Franchise fees completed the year higher than expected totaling $2,700,740 or 113% of budget. This was the second year that franchise fees increased for refuse, and the budget es�mates were lower than expected in the prior year. Staff carried this trend forward into the new 2023 -24 fiscal year, expec�ng the trend from 2022- 23 to slightly increase, however actual refuse franchise fees exceeded the trend and revenues therefore exceeded budget es�mates.
Licenses, Fees, and Permits – Unlike tax revenues, this category of revenue is received on a daily basis at the city’s front counter and is comprised of construc�on, planning, building permits and fees, and business registra�on. Overall, this category is at $3.7 million or 154% of budget. Contracted services and employee wages drive the fees charged to private developers for engineering, planning, and building fees. Although the category performed well above budget as a whole, within the category, specific divisions and types of fees performed differently during the year. Developer deposit accounts specific to legal, building and safety , and engineer ing encroachment fees trended below budget at 69%, 91%, and 81% respec�vely.
Developer deposits for planning and engineering permits performed above budget at 170% and 163% respec�vely. Finally, fixed permi�ng fees for building construc�on and planning both exceeded budget at 204% and 166% respec�vely. Both the underperforming and overperforming categories are due to two factors. First, the city adopted a new user fee study in January, which reduced customer permi�ng costs in a majority of the city’s adopted fees. Second, phase one and two permit submitals for the New Home Company development at Limonite and Hamner flooded all three departments, Engineering, Planning, and Building Safety. Non permi�ng revenues, such as p assport services exceeded budget projec�ons at 15 4%; passport service demand increased significantly during the pandemic and has con�nued at or above the pre-pandemic levels.
Addi�onally, the passport division has been fully staffed by a full �me employee for 11 months of the fiscal year. Business registra�on fees are also higher than expected at 147% of budget; likely a result of businesses con�nuing to recover from the pandemic and business registra�on vendor HdL commencing a business registra�on communica�on program to ensure businesses are registered.
Intergovernmental – This category is populated by the Vehicle License in Lieu fees (VLF). As a tax, VLF revenues are typically received in the last six months of the fiscal year, 50% within quarter three and the final 50% in quarter four and are not a source of consistent cas h flow for the city. VLF revenues are based on property valua�ons and as a result usually mirror property tax revenues increase and decrease. Actual revenues came in slightly higher than budget at $6,632,569 or 106% of budget.
Use of Money and Property – This category is populated investment income. Budget was es�mated at $2,100,000 and actuals are at $ 5,289,049, or 252% of budget. Net of an unrealized gain reversal from the prior year required by the Government Accoun�ng Standards Board, interest stands at $ 3,860,489, or 184% of budget. Interest rates con�nued to increase during the fiscal year and paired with fund balance growth spurred by non-opera�ng revenues, investment returns exceeded budget.
Transfers In – This category stands at 100%. The category consists of transfers -in to the General Fund from other funds .
Transfers include the $531,786 for the city’s cost alloca�on plan (CAP). The CAP is an administra�ve charge to other funds to help fund the cost of General Fund internal services such as informa�on technology, finance, and human resources.
Overall, General Fund revenues are at $82,268,318 or 112% of budget. 531
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months, 99% Reported
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 6
ADDITIONAL INFORMATION ABOUT MAJOR REVENUE SOURCES
Detail Information on General Fund Sales and Property Tax Revenue Categories Sales Tax: Sales tax is the number one revenue source for the General Fund. For every dollar of sales tax paid, only $0.13 is received by the City of Eastvale. The other $0.87 goes to the State General Fund ($0.51), the State Local Revenue Fund ($0.14), Riverside County Transporta�on
Commission ($0.06), a State Local Revenue Fund specific to local health and social services programs ($0.06), State Local Public Safety Fund ($0.06), and the Riverside County
Transporta�on Fund ($0.03). For more informa�on on what agencies receive sales tax revenue go to:
www.cd�a.ca.gov/taxes-and-fees/sut-rates-descrip�on.htm
Property Tax: Property tax is the number four largest revenue source for the city’s General Fund and is the number one revenue source for the c ity’s Fire Fund. However, like sales tax every dollar of base property tax that a property owner pays only $0.02 is received by the city’s General Fund; another $0.06 is received by the city’s Fire Fund. Over $0.51 goes towards educa�on to the Corona Norco Unified School district, Riverside
Community College, and Riverside County Office of
Educa�on. Riverside County receives $0.29. The
remaining $0.04 goes to several special districts and
flood control administra�on. The property tax revenues
received by the Fire Fund are restricted to Fire Services expenditures.
This breakdown of costs is only for the base property
tax rate. Many Eastvale residents also pay levies for
special assessments, including special financing
districts, such as landscape ligh�ng maintenance
districts and community facility district s. For more
informa�on about special financing districts in Eastvale go to: www.eastvaleca.gov/government/ finance -
department/special-financing-districts
GENERAL FUND EXPENDITURES
A comparison of the adjusted budget to actual expenditures provides an overview of how actual expenditures compare to the city’s budget. Overall, actual expenditures are at $43,178,965 or 94% of budget.
Detail of Specific Expenditure Categories
Contract Services – This category is the largest category and includes contract services for law enforcement, building and safety, planning, and public works. Currently, actual expenditures for the total contract category are $17,086,973 or 68% of budget; total budget for this category is $19,330,881.
The largest expenditure within this category is the Law Enforcement contract with Riverside County Sheriff ; budget for law enforcement totals $13.6 million and actual expenditures totals $13.2 million. The City Council has con�nually increased law $0.51 State
General Fund
$0.14 State Local
Revenue Fund
$0.13 EASTVALE
$0.06 RIVCO RCTC
$0.06 State Local Rev
$0.06 State Local Safety
$0.03 RIVCO Transporta�on
For every $1 of paid sales tax, the city only
receives 13 cents . The remainder is spread among
State and County agencies.
532
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months, 99% Reported
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 7 enforcement services annually over the past several years. As a result, contract costs for law enforcement services have not remained consistent, which causes some difficul�es in trending annual costs, which o�en leads to a budget surplus. Other major contracts in this category are animal control, crossing guards, legal services , and support services for all major departments.
Personnel – The personnel category contains the salary and benefit costs for city employees. This category generated actual expenditures at $7,514,498 or 80% of budget. Staff expected to see savings in this category due to new posi�ons remaining vacant during recruitment during the first quarter, including six Public Works posi�ons, three Community Safety posi�ons, two Community Development posi�ons, and two City Clerk posi�ons. Much of the savings in Community Safety and Public Works was u�lized to offset contract services in those departments due to the need to contract for services while the posi�ons remained vacant.
Opera�ons – Opera�ons is a broad category including supplies, adver�sing, travel, training, u�li�es, postage, and janitorial.
Actual expenditures in this category are $2,603,796 million or 73% of budget. A majority of the savings is due to a Government Accoun�ng Standards Board (GASB) Statement 87 that requires a year end accoun�ng entry that reclassifies lease payments into the debt service category as a loan payable rather than an actual opera�onal lease expenditure. As a result, the city’s expenditures for building leases are shown on the books as loan payables under the debt service category , which in turn throws off the city’s budget to actual repor�ng in the opera�ons category.
Capital Outlay – Capital outlay consists of office
equipment, computer hardware, so�ware, furniture,
fixtures, and leases with a cost greater than $5,000. This category is at $ (264,289) or (38)% of budget. The GASB Statement 96 requires government agencies to book
so�ware lease informa�on for so�ware in a par�cular
fashion. The 2023-24 fiscal year is the second year the city was required to record both lessor and lease data within the ledger. As a result, actuals for capital outlay are reflected in the debt service category as a loan payable.
Debt Service – Debt service in the General Fund accounts for the revenue neutrality agreement with Riverside
County. The agreement was based on es�mated tax
revenue losses experienced by Riverside County because
of the city’s incorpora�on; the obliga�on is paid to
Riverside County through both the General Fund and the
Fire Fund. The County invoices the city towards the end of the fiscal year and the amount owed for 2023-24 was $278,171.
This category also houses principal expenditures related to the city’s GASB Statement 87 and 96 regarding the city’s leases.
These expenditures are reclassified from opera�ons (leases) to debt service in accordance with GASB 87 and 96. Because of the GASB entry, actuals for this category stand at $698,314 or 124% of budget. Net of the GASB 87 and 96 entries, actuals are $278,171 or 86% of budget.
Transfers-Out – The transfers-out category in the General Fund accounts for the movement of cash from the General Fund to another fund. Budget includes $11,237,282 million in transfers out to the General Capital Improvement Fund, $1,020,000 for capital maintenance reserves, and $ 19,640 for General Fund benefit contribu�ons for several Landscape and Ligh�ng Maintenance Districts and one Benefit Assessment District. This benefit contribu�on and the capital maintenance reserve contribu�ons are the only opera�ng transfers within the category.
Overall, the General Fund is at $43,178,965 or 94% of expenditure budget.
Contract
Services (Law
Enforcement)
30%
Transfers Out
27%
Personnel
20%
Contract
Services
12%
Operations
8%
Capital
Outlay
1%
Maintenance
1%
Debt Service
1%
Expenditure Budget Breakdown
533
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months, 99% Reported
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 8
GENERAL FUND OPERATING STATEMENT
General Fund Operating * Statement - The General
Fund generated $ 53,128,385 in operating revenues
and $ 27,950,683 in operating expenditures.
Operating revenues exceed expenditures and as a
result, the General Fund has an operating surplus of
$25,177,703. Staff has determined an appropriate
amount of likely recurring operating revenues and
separated those from non-operating and non -
recurring revenues that should continue into the
future. There are several caveats. Should any large businesses within the city change business structure or move, or any state level legislative changes are made to the distribution of online sales tax receipts, revenues could significantly change and not continue into the future. However, at this time, there is no certainty whether outside legislative forces will change the nature of the city’s revenues. As a result, staff has proposed a percentage of likely continuing revenues and prepared the current operating statement above based on those assumptions.
On the non-operating side, the city completed the fiscal year with $ 29,139,933 in non-operating revenues and $15,228,282 in non-operating expenditures. Non-operating revenues exceed expenditures and as a result, the General Fund has a non - operating surplus of $13,911,651. Non-operating revenues are composed of three sources of revenue, sales tax, interest, and unrealized gains on the city’s investments. The sales tax revenue represents a local business in the business and industry category that changed business structure and as a result county pool sales tax was redistributed to host cities. At this time, staff considers portions of this sales tax source as one -time and non -operating in nature as the stability of the revenue is unknown. As a result, the revenue will be set aside for future capital improvement projects, such as the city’s civic center development at the Leal Property. The interest represents investment income based on possible non -recurring revenues.
Finally, unrealized gains are a positive net gain to the city’s investment portfolio on investments that have not yet matured.
Due to federal GASB requirements, we have to book these transactions, but they do not net to cash on the city’s books and as a result, we pull these “revenues” out as non-recurring. This entry will be reversed as of July 1, 2022, and have no material impact to the city’s cash on hand, however the entry will be reflected on the city’s financial statements. Non-operating expenditures are limited to capital replacement reserve contributions totaling $1,020,000 and capital improvement plan contributions totaling $14,208,282. The capital replacement reserves are intended to help fund future maintenance on city infrastructure and capital improvement plan contributions go to fund current capital construction and maintenance projects.
As of June 30, total net revenue and budget surplus is $39,089,353. *Operating revenues and expenditures are defined as regular and continuing city revenues and costs to provide services. Non- operating revenues and expenditures are defined as one-time, non-recurring revenues and capital expenditures.
FIRE FUND OBSERVATIONS
The city’s Fire Fund contains all revenues and expenditures related to the provision of fire services in the city. The Fire Fund is considered General Fund monies; however, it has been restricted by Riverside County through the city’s revenue neutrality agreement and therefore is separated from the city’s unrestricted General Fund.
Revenues – Major Fire Fund revenue sources include property tax, licenses, permits, and fees, and use of money and property. Property tax, like the General Fund is primarily received in the second half of the fiscal year and is not a consistent General Fund Operating* Statement as of 06/30/2024
Operating Revenue Actuals 53,128,385
Operating Expenditure Actuals 27,950,683
Operating Surplus 25,177,703
Non-Operating Revenue Actuals 29,139,933
Non-Operating Expenditure Actuals 15,228,282
Non-Operating Surplus 13,911,651
Net Revenue 39,089,353
Fire Fund Overview
12-Months Ended June 30, 2024
General Fund
Overview
Adjusted
Budget
Actual
Ac�vity
%
Revenues 8,842,500 10,051,989 114%
Expenditures 8,898,850 7,383,673 83%
534
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months, 99% Reported
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 9 source of cash flow for the fund. Property tax is currently at 109% of budget or $9,196,030 million. Property tax is the largest single source of revenue for the Fire Fund.
Licenses, permits, and fees are 160% of budget, primarily due to a increase in fire plan check permits for the New Home Company project.
Investment income populates the category of use of money and property. Budget was es�mated at $350,000 and actuals are $625,717 or 179% of budget. Interest rates con�nued to increase during the fiscal year and paired with fund balance growth, investment returns exceeded budget.
Overall, Fire Fund actual revenues are $10,051,989 or 114% of budget.
Expenditures – Contract services for Riverside County Fire stand at $6,821,529 or 95% of budget. The city realized a nominal savings due to CalFIRE’s current staffing shortage, which equated to salary savings within the city’s service contract. Although Riverside County Fire reported an es�mated 6% increase in contract costs for the current year, the annual salary savings offset this increase. The reported increase is due to labor nego�a�ons and a resul�ng reduc�on in the hours worked by safety staff. This will cause a need for addi�onal staff and a subsequent increase in contract costs.
Maintenance and opera�ons actuals are 73% and 82%
respec�vely. Maintenance and opera�ons include
building maintenance, vehicle maintenance and fuel,
and u�li�es, actual expenditures are $77,995 or 73% of
budget. The budget included emergency building
maintenance repairs which was not u�lized . Actual
expenditures in the opera�ons category are $205,979
or 82% of budget.
Overall, the Fire Fund is at $7,383,673 or 83% of
expenditure budget.
Net Revenue – The Fire Fund is complete d the fiscal
year with $ 2,668,316 in net revenue, also called a
budget surplus, for the fiscal year 2023-24.
OTHER FUND OBSERVATIONS
The city’s other funds consist of governmental special revenue funds and six funds solely consis�ng of General Fund contribu�ons, the Capital Projects Fund , the Debt Service Fund , and four capital replacement reserve funds . These funds were created in order to track capital projects funded by the General Fund and debt.
MAJOR SPECIAL REVENUE FUNDS
Capital Projects Fund – This fund was considered a major fund for the 2022-23 financial audit. Revenues are solely from the General Fund and the purpose of the fund is to track specific one-�me general-fund capital improvement projects. The fund holds adequate fund balance to cover budgeted expenditures for the current fiscal year and does not build fund balance over �me. Major projects for the fiscal year include the Improvement of Trail Network Connec�vity, Citywide Branding & Entryway Median Improvement, Hellman Avenue Widening, I-15 Corridor Landscaping, City Hall, and Vehicle Purchases.
NEGATIVE FUND BALANCE IN SPECIAL REVENUE FUNDS
0 2
4 6
8 10
2020-21 Actuals 2021-22 Actuals 2022-23 Budget 2022-23 Actuals Millions
Year-by-Year Revenue and Expenditures
Revenue Expenditure
535
Executive Summary
City of Eastvale UNAUDITED
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months, 99% Reported
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 10 Several special revenue funds currently have and are projected to complete the year with nega�ve fund balance. According to GASB requirements the General Fund will be required to cover those nega�ve fund balances at the end of the fiscal year.
The Miscellaneous Grants Fund completed the fiscal year with a $2,182,651 nega�ve fund balance a significant nega�ve fund.
This fund holds reimbursable grants, which are reimbursed a�er the city pays for goods and services. This occurs in two ways, progress payments at certain milestone points during projects or a�er projects are completed. Currently, the fund has outstanding milestone and completed project reimbursements. Public Works is working on submi�ng reimbursement requests. The TUMF Reimbursement Fund has a similar situa�on as the Miscellaneous Grants Fund and the city is wai�ng to receive reimbursements totaling $1,989,218. The city transferred over 88 ligh�ng maintenance districts and illumina�on districts from Jurupa Community Services District in the prior fiscal year and several of those districts arrived with nega�ve fund balance. The General Fund will contribute to those funds to cover the nega�ve fund balance . The city has one Community Facility District at Hamner Place that is currently running a nega�ve fund balance of $19,829. This fund will con�nue to operate at a deficit un�l the final vacant parcel is developed. Once the final parcel is developed the CFD will receive addi�onal funds via property tax assessments. However, un�l that �me the General Fund will be required to fund the budget deficit.
A Note Regarding Government Accounting and Budgeting
Most agencies manage governmental funds and budgets using a method called “modified accrual” accoun�ng. Modified accrual means that governmental funds are managed on a cash basis throughout the year. At year-end accruals are processed to ensure revenues and expenditures are recorded in the appropriate fiscal year in which the transac�ons actually occurred. This method applies to all the city’s funds (General Fund and Special Revenue funds).
As an illustra�on, revenue is recorded as it is received throughout the fiscal year (cash basis). The majority of General Fund revenues are received sporadically throughout the year, and most is received or accrued in the final nine months of the fiscal year. Meanwhile, expenditures con�nue each month, regardless of whether revenues have been received. This circumstance highlights the importance of maintaining an adequate opera�ng reserve that allows for cash flow needs throughout the fiscal year, especi ally during months in which some revenues categories are not received.
536
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months General Fund Summary by Category
Audited Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2023-24 6/30/2024 2023-24
GENERAL FUND
Revenues
Property Taxes 3,662,139$ 4,004,362$ 3 ,817,700$ 4 ,004,968 1 05% 187,268$ Sales & Use Tax 44,710,286 47,356,371 5 5,480,000 5 8,319,348 1 05% 2,839,348 Franchise Fees 1,971,912 6,556,660 2 ,390,000 2 ,700,740 1 13% 310,740 License, Permits & Fees 2,333,526 2,347,535 2 ,401,750 3 ,701,400 1 54% 1,299,650 Fines, Penalties & Forfeitures 567,641 724,866 5 89,000 7 13,504 1 21% 124,504 Intergovernmental 6,367,511 6,077,206 6 ,245,000 6 ,632,569 1 06% 387,569 Use of Money & Property 151,235 1,511,747 2 ,100,000 5 ,289,049 2 52% 3,189,049 Miscellaneous 772,062 299,556 1 62,060 3 74,955 2 31% 212,895 Transfers In 7,417,458 298,240 5 31,786 5 31,786 1 00% - Total General Fund Revenues 67,953,770 69,176,543 7 3,717,296 8 2,268,318 1 12% 8,551,022 Expenditures
Personnel 5,181,118$ 6,127,883$ 9 ,428,030$ 7 ,514,498 8 0% (1,913,532)$ Contract Services (Law Enforcement) 10,929,074 12,445,838 1 3,622,666 1 3,215,383 9 7% (407,283) Contract Services 3,896,243 4,052,605 5 ,708,215 3 ,871,589 6 8% (1,836,626) Maintenance 205,290 345,138 4 37,240 2 91,750 6 7% (145,490) Operations 3,617,716 841,516 3 ,574,765 2 ,603,796 7 3% (970,969) Capital Outlay 187,826 758,553 6 97,310 ( 264,289) - 38% (961,599) Debt Service 3,109,421 533,242 3 20,000 6 98,314 2 18% 378,314 Transfers Out 6,597,427 12,761,462 1 2,276,922 1 5,247,922 1 24% 2,971,000 Total General Fund Expenditures 33,724,114 37,866,236 4 6,065,149 4 3,178,965 9 4% (2,886,184) NET REVENUE 34,229,656 31,310,307 2 7,652,148 3 9,089,353
OTHER PURPOSE GENERAL FUNDS
RESTRICTED STRUCTURAL FIRE FUND
Revenues
Property Taxes (Restricted for Fire Services) 7,601,854$ 8,379,338$ 8 ,400,000$ 9 ,196,030 1 09% 796,030$ Sales & Use Tax - - - - 0 % -
Franchise Fees - - - - 0 % -
Other Taxes - - - - 0 % -
License, Permits & Fees 94,451 77,971 9 0,000 1 43,895 1 60% 53,895 Fines, Penalties & Forfeitures - 92,793 2 ,500 8 6,348 3 454% 83,848 Intergovernmental - - - - 0 % -
Use of Money & Property (1,616) 432,432 3 50,000 6 25,717 1 79% 275,717 Miscellaneous - - - - 0 % -
Transfers - - - - 0 % -
Total Fire Fund Revenues 7,694,689 8,982,534 8 ,842,500 1 0,051,989 1 14% 1,209,489 Expenditures
Salaries 808$ -$ -$ - 0 % -$
Benefits - - - - 0 % -
Contract Services 5,654,282 6,298,267 7 ,204,950 6 ,821,529 9 5% (383,421) Maintenance 56,463 70,167 1 07,000 7 7,995 7 3% (29,005) Operations 447,634 (87,248) 2 51,900 2 05,979 8 2% (45,921) Capital Outlay 38,200 26,094 1 ,015,000 - 0 % (1,015,000) Debt Service 262,228 272,717 3 20,000 2 78,171 8 7% (41,829) Transfers Out - - - - 0 % -
Total General Fund Expenditures 6,459,615 6,579,997 8 ,898,850 7 ,383,673 8 3% (1,515,177) NET REVENUE 1,235,074 2,402,537 (5 6,350) 2 ,668,316
%
Budget
Used
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 11 537
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months General Fund Summary by Departments
Audited Actuals Audited Actuals
Amended
Budget Actuals
%
Budget
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2023-24 6/30/2024 Used 2023-24
GENERAL FUND
Revenues
General Services
Non Departmental 65,076,959$ 66,138,827$ 70,781,546$ 78,086,136$ 110% 7,304,590$ City Clerk 54,411 74,273 70,150 108,780 155% 38,630 City Manager 10,258 - - - 0% - Finance 126,297 145,228 125,100 184,249 147% 59,149 General Government - - - - 0% - City Attorney 80,205 22,944 44,000 30,346 69% (13,654) Subtotal General Services 65,348,130 66,381,272 71,020,796 78,409,511 110% 7,388,715 Community Development
Community Development 209,777$ 117,231$ 220,000$ 380,719$ 173% 160,719$ Subtotal Community Development 209,777 117,231 220,000 380,719 173% 160,719 Public Works
Public Works 854,409$ 778,728$ 665,000$ 937,868$ 141% 272,868$ Subtotal Community Development 854,409 778,728 665,000 937,868 141% 272,868 Community Safety
Community Safety 905,318$ 1,240,799$ 1,208,000$ 1,903,631$ 158% 695,631$ Subtotal Community Safety 905,318 1,240,799 1,208,000 1,903,631 158% 695,631 Public Safety
Public Safety 636,137$ 658,514$ 603,500$ 636,589$ 105% 33,089$ Subtotal Public Safety 636,137 658,514 603,500 636,589 105% 33,089 Total General Fund Revenues 67,953,770 69,176,543 73,717,296 82,268,318 112% 8,278,153 Expenditures
General Services
100 City Council 224,419$ 162,650$ 240,168$ 161,344 67% (78,824)$ 110 City Attorney 317,860 295,852 370,000 307,171 83% (62,829) 290 General Government 11,394,573 12,680,685 13,908,522 15,793,582 114% 1,885,060 Subtotal General Services 11,936,851 13,139,186 14,518,690 16,262,097 112% 1,743,407$ City Manager
200 City Manager 609,470$ 521,256$ 678,661$ 595,799 88% (82,862)$ Subtotal City Manager 609,470 521,256 678,661 595,799 88% (82,862)$ Human Resources & Risk
220 Human Resources 651,178$ 601,869$ 866,175$ 743,535 86% (122,640)$ 230 Risk Management 386,678 388,154 746,880 550,270 74% (196,610) Subtotal Human Resources & Risk 1,037,856 990,024 1,613,055 1,293,804 80% (319,250)$ City Clerk/Communications
120 City Clerk 444,667$ 579,863$ 626,131$ 497,458 79% (128,673)$ 240 Information Technology 304,454 289,575 491,564 375,722 76% (115,842) 260 Communications 244,365 320,256 504,916 374,202 74% (130,714) 720 Events 682,857 1,003,507 1,138,468 1,078,775 95% (59,692) Subtotal City Clerk/Communication 1,676,343 2,193,201 2,761,079 2,326,157 (434,922)$ Finance
210 Finance 910,324$ 1,139,254$ 1,399,560$ 1,231,399 88% (168,161)$ Subtotal Finance 910,324 1,139,254 1,399,560 1,231,399 88% (168,161)$ Community Development
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 12 538
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months General Fund Summary by Departments
Audited Actuals Audited Actuals
Amended
Budget Actuals
%
Budget
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2023-24 6/30/2024 Used 2023-24 301 Administration 1,108,869$ 1,356,552$ 509,315$ 474,789 93% (34,526)$ 300 Planning 610,794 686,329 989,413 665,670 67% (323,744) 302 Economic Development - - 1,108,814 719,414 65% (389,400) Subtotal Community Development 1,719,663 2,042,881 2,607,543 1,859,872 71% (747,671)$ Public Works
320 Engineering 1,447,314$ 1,419,521$ 3,023,329$ 2,041,620 68% (981,708)$ 500 Public Works 368,711 275,437 998,076 596,730 60% (401,346) 295 Facility Maintenance 467,728 557,645 407,647 371,872 91% (35,775) 296 Facility Landscaping - 181,504 176,087 149,746 85% (26,341) 600 Landscaping (public right-of-way) 1,074 - - - 0% - Subtotal Community Development 2,284,828 2,434,108 4,605,139 3,159,967 69% (1,445,171)$ Community Safety
311 Administration 19,679$ 315,828$ 784,486$ 644,270 82% (140,216)$ 310 Building Safety 1,337,997 1,273,580 1,541,986 1,111,581 72% (430,405) 330 Community Enhancement & Safety 764,036 811,417 1,003,684 765,922 76% (237,762) Subtotal Community Safety 2,121,711 2,400,825 3,330,156 2,521,773 76% (808,383)$ Public Safety
400 Law Enforcement 11,097,700$ 12,621,198$ 14,061,266$ 13,537,188 96% (524,079)$ 430 Animal Control 233,268 276,155 350,000 274,649 78% (75,351) 440 Crossing Guards 96,099 108,149 140,000 116,260 83% (23,740) Subtotal Public Safety 11,427,066 13,005,502 14,551,266 13,928,096 96% (623,170)$ Total General Fund Expenditures 33,724,114 37,866,236 46,065,149 43,178,965 94% (2,886,184) TOTAL GENERAL FUND NET REVEN 34,229,656 31,310,307 27,652,148 39,089,353
OTHER PURPOSE GENERAL FUNDS
RESTRICTED STRUCTURAL FIRE FUND
Revenues
Property Taxes (Restricted for Fire Serv 7,601,854$ 8,379,338$ 8,400,000$ 9,196,030 109% 796,030$ Sales & Use Tax - - - - 0% - Franchise Fees - - - - 0% - Other Taxes - - - - 0% - License, Permits & Fees 94,451 77,971 90,000 143,895 160% 53,895 Fines, Penalties & Forfeitures - 92,793 2,500 86,348 3454% 83,848 Intergovernmental - - - - 0% - Use of Money & Property (1,616) 432,432 350,000 625,717 179% 275,717 Miscellaneous - - - - 0% - Transfers - - - - 0% - Total Fire Fund Revenues 7,694,689 8,982,534 8,842,500 10,051,989 114% 1,209,489 Expenditures
Public Safety
290 General Government 504,045$ 30,899$ 320,000$ 278,171 87% (41,829)$ 295 Building Maintenance 184,581 145,792 175,900 151,281 86% (24,619) 296 Facility Landscaping - 22,065 66,000 42,543 64% (23,457) 320 Engineering 808 - - - 0% - 420 Fire Services 5,770,182 6,381,240 8,336,950 6,911,679 83% (1,425,271) Total Fire Fund Expenditures 6,459,615 6,579,997 8,898,850 7,383,673 83% (1,515,177)$ TOTAL FIRE FUND NET REVENUE 1,235,074 2,402,537 (56,350) 2,668,316 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 13 539
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months General Fund Operating Summary
Audited Actuals Audited Actuals
Amended
Budget Actuals
%
Budget
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2023-24 6/30/2024 Used 2023-24
GENERAL FUND
Operating Revenues
Property Taxes 3,662,139$ 4,004,362$ 3,817,700$ 4,004,968 105% 187,268$ Sales & Use Tax 28,310,286 32,156,371 30,355,000 31,415,102 103% 1,060,102 Franchise Fees 1,971,912 2,556,660 2,390,000 2,700,740 113% 310,740 License, Permits & Fees 2,333,526 2,347,535 2,401,750 3,701,400 154% 1,299,650 Fines, Penalties & Forfeitures 567,641 724,866 589,000 713,504 121% 124,504 Intergovernmental 6,367,511 6,077,206 6,245,000 6,632,569 106% 387,569 Use of Money & Property 172,785 1,024,247 1,346,250 3,053,362 227% 1,707,112 Miscellaneous 772,062 299,556 162,060 374,955 231% 212,895 Transfers In 57,239 298,240 531,786 531,786 100% - Total General Fund Operating Revenues 44,215,101 49,489,043 47,838,546 53,128,385 111% 5,289,839 Operating Expenditures
Personnel 5,181,118$ 6,127,883$ 9,428,030$ 7,514,498 80% (1,913,532)$ Contract Services (Law Enforcement) 10,929,074 12,445,838 13,622,666 13,215,383 97% (407,283) Contract Services 3,896,243 4,052,605 5,708,215 3,871,589 68% (1,836,626) Maintenance 205,290 345,138 437,240 291,750 67% (145,490) Operations 2,312,641 841,516 3,574,765 2,603,796 73% (970,969) Capital Outlay 187,826 758,553 697,310 (264,289) -38% (961,599) Debt Service 1,250,371 533,242 320,000 698,314 218% 378,314 Transfers Out 735,475 40,703 19,640 19,640 100% - Total General Fund Operating Expenditures 24,698,037 25,145,477 33,807,867 27,950,683 83% (5,857,184) NET OPERATING REVENUE 19,517,064 24,343,566 14,030,680 25,177,703 Non-Operating Revenues
Sales Tax 16,400,000$ 15,200,000$ 25,125,000$ 26,904,246$ 107% 1,779,246$ Franchise Fees (Retention Fees) - 4,000,000 - 0% - Use of Money and Property (Interest) 384,586 487,500 753,750 807,127 107% 53,377 Use of Money and Property (Unrealized Gain/Los (406,136) - - 1,428,560 0% 1,428,560 Miscellaneous GASB 87 - - - - 0% - Transfers In (ARPA SLFRF) 7,360,219 - - - 0% - Total General Fund Non-Operating Revenues 23,738,669 19,687,500 25,878,750 29,139,933 113% 3,261,183 Non-Operating Expenditures
Operations (Unrealized Loss) 1,305,075$ -$ -$ -$ 0% -$ Capital Outlay (GASB 87) - - - - 0% - Debt Service (Tarpon Properties Payoff) 1,859,050 - - - 0% - Transfers Out (Streetlight Payoff) 3,808,933 - - - 0% - Transfers Out (Capital Replacement Reserves) - 1,303,652 1,020,000 1,020,000 100% - Transfers Out (CIP) 2,053,019 11,417,107 11,237,282$ 14,208,282 126% 2,971,000 Total General Fund Non-Operating Expenditu 9,026,077 12,720,759 12,257,282 15,228,282 124% 2,971,000 NET NON-OPERATING REVENUE 14,712,592 6,966,741 13,621,468 13,911,651 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 14 540
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months General Fund Operating Summary
Audited Actuals Audited Actuals
Amended
Budget Actuals
%
Budget
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2023-24 6/30/2024 Used 2023-24
OTHER PURPOSE GENERAL FUNDS
RESTRICTED STRUCTURAL FIRE FUND
Operating Revenues
Property Taxes (Restricted for Fire Services) 7,601,854$ 8,379,338$ 8,400,000$ 9,196,030 109% 796,030$ Sales & Use Tax - - - - 0% - Franchise Fees - - - - 0% - Other Taxes - - - - 0% - License, Permits & Fees 94,451 77,971 90,000 143,895 160% 53,895 Fines, Penalties & Forfeitures - 92,793 2,500 86,348 3454% 83,848 Intergovernmental - - - - 0% - Use of Money & Property (1,616) 432,432 350,000 625,717 179% 275,717 Miscellaneous - - - - 0% - Transfers - - - - 0% - Total Fire Fund Revenues 7,694,689 8,982,534 8,842,500 10,051,989 114% 1,209,489 Operating Expenditures
Salaries 808$ -$ -$ -$ 0% -$ Benefits - - - - 0% - Staff Development - - - - 0% - Contract Services 5,654,282 6,298,267 7,204,950 6,821,529 95% (383,421) Maintenance 56,463 70,167 107,000 77,995 73% (29,005) Operations 447,634 (87,248) 251,900 205,979 82% (45,921) Capital Outlay 0 0 15,000 - 0% (15,000) Debt Service 262,228 272,717 320,000 278,171 87% (41,829) Transfers Out - - - - 0% - Subtotal Fire Fund Expenditures 6,421,415 6,553,903 7,898,850 7,383,673 93% (515,177) NET OPERATING REVENUE 1,273,274 2,428,631 943,650 2,668,316 Non-Operating Revenues
Use of Money and Property (Unrealized Gain/Loss -$ -$ -$ -$ 0% -$ Transfers In - - - 0% - Total Fire Fund Non-Operating Revenues - - - - 0% -$ Non-Operating Expenditures
CIP (Fire Station) -$ -$ 1,000,000$ -$ 0% (1,000,000)$ CIP (Vehicle Purchase) 38,200 26,094 - - 0% - Total Fire Fund Non-Operating Expenditures 38,200 26,094 1,000,000 - 0% (1,000,000)$ NET NON-OPERATING REVENUE (38,200) (26,094) (1,000,000) City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 15 541
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2022-23 6/30/2024 2023-24
OTHER FUNDS
Revenues
200 Gas Tax 1,604,905 1,910,031 2,038,500 2,068,582 101% 30,082 205 SB1 1,378,406 1,630,373 1,737,300 1,841,295 106% 103,995 206 Area Drainage Plan (ADP) (493) 22,224 8,800 30,080 342% 21,280 210 Measure A 2,189,098 3,561,411 3,255,500 3,433,382 105% 177,882 211 TDA Fund - 146,666 334,820 - 0% (334,820) 220 AQMD 143,575 105,726 142,100 155,405 109% 13,305 230 Grants: Law Enforcement Grants - - - - 0% - 240 Grants: Miscellaneous Grants Fund 668,027 520,685 21,154,404 10,820,267 51% (10,334,137) 241 Grants: Coronavirus Relief Fund - - - - 0% - 242 Grants: American Rescue Plan Act Fund 7,360,219 - - - 0% - 243 Public, Educational, or Governmental Access Fund 2,188 1,444 - 885 0% 885 250 Grants: Community Development Block Grant - - - - 0% - 260 Local Law Enforcement Services 165,428 - - - 0% - 270 TUMF Reimbursement Fund - 13,818 - 451,322 0% 451,322 290 Transportation DIF 119,761 520,618 258,500 574,123 222% 315,623 291 Fire DIF 46,690 70,837 45,500 144,417 317% 98,917 292 Public Facilities DIF 102,648 69,972 163,000 226,542 139% 63,542 293 Road and Bridge Benefit District 454,300 218,470 125,000 867,221 694% 742,221 294 Quimby Parkland Fees - - - 12,387 0% 12,387 300 LLMD 89-1 Zone 10 3,820 4,743 - 12 0% 12 301 LLMD 89-1 Zone 33 1,171 707 150 185 123% 35 302 LLMD 89-1 Zone 41 171,435 76,992 56,496 99,814 177% 43,318 303 LLMD 89-1 Zone 79 2,593 1,667 2,676 1,783 67% (893) 304 LLMD 89-1 Zone 85 3,008 985 435 1,176 270% 741 305 LLMD 89-1 Zone 111 23,997 24,893 17,800 15,827 89% (1,973) 306 LLMD 89-1 Zone 115 3,726 4,094 4,283 4,269 100% (14) 307 LLMD 89-1 Zone 116 8,031 7,897 6,005 7,233 120% 1,228 308 LLMD 89-1 Zone 147 1,552 1,717 1,789 1,785 100% (4) 309 LLMD 89-1 Zone 151 7,659 9,512 9,702 9,702 100% - 310 LLMD 89-1 Zone 156 5,750 7,139 7,282 7,282 100% 0 311 Benefit Assessment District 2014-2 12,563 11,259 9,665 10,183 105% 518 312 LLMD 2014-1 19,499 18,215 16,726 17,087 102% 361 313 LLMD 2014-3 8,489 7,114 8,442 9,230 109% 788 314 LLMD 2014-4 6,850 6,071 4,120 4,134 100% 14 315 Community Facilities District 2019-1 10,162 11,030 11,914 9,618 81% (2,296) 400 Community Facilities District 2017-1 74,687 41,746 93,435 45,285 48% (48,150) 401 Community Facilities District 2017-2 43,192 49,212 50,611 35,390 70% (15,221) 402 Community Facilities District 2020-1 73,498 95,925 99,652 99,168 100% (484) 403 LMD 98-2 ORIGINAL 16,635 11,024 4,793 5,485 114% 692 404 LMD 98-2 ANNEX 01/Zone A 2,006 8,149 4,700 4,749 101% 49 405 LMD 98-2 ANNEX 02/Zone B 41,892 91,834 61,569 64,280 104% 2,711 406 LMD 98-2 ANNEX 03/Zone C 4,299 16,645 10,043 10,371 103% 328 407 LMD 98-2 ANNEX 04/Zone D 6,233 22,287 15,012 15,673 104% 661 408 LMD 98-2 ANNEX 06/Zone F 29,516 22,359 10,355 11,367 110% 1,012 409 LMD 2001-1 Zone G 1,862 1,092 1,216 1,254 103% 38 410 LMD 2001-1 Zone S 2,420 1,320 1,612 1,643 102% 31 411 LMD 2001-1 Zone W 20,337 14,940 130 7,732 5947% 7,602 412 LMD 2001-2 Zone A 49,149 18,360 13,848 15,067 109% 1,219 413 LMD 2001-2 Zone B 26,356 17,360 11,286 11,964 106% 678 414 LMD 2001-2 Zone C 1,423 1,094 647 674 104% 27 % Budget
Used
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 16 542
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2022-23 6/30/2024 2023-24
% Budget
Used
415 LMD 2001-2 Zone D 17,303 11,887 7,505 7,999 107% 494 416 LMD 2001-2 Zone F 3,128 3,067 2,550 11,209 440% 8,659 417 LMD 2001-2 Zone G 26,486 10,287 8,477 9,437 111% 960 418 LMD 2001-2 Zone H 39,891 28,855 18,752 19,990 107% 1,238 419 LMD 2001-2 Zone J 27,374 18,512 12,670 13,370 106% 700 420 LMD 2001-2 Zone K 1,954 1,716 1,898 1,880 99% (18) 421 LMD 2001-2 Zone M 2,315 2,771 1,611 1,677 104% 66 422 LMD 2001-3 Zone A 3,901 12,739 13,363 13,396 100% 33 423 LMD 2001-3 Zone B 3,372 9,909 8,051 8,173 102% 122 424 LMD 2001-3 Zone C 22,478 8,419 3,979 4,639 117% 660 425 LMD 2001-3 Zone D 45,713 17,458 7,911 9,343 118% 1,432 426 LMD 2001-3 Zone E 100,204 38,591 19,736 22,706 115% 2,970 427 LMD 2001-3 Zone F 38,201 14,954 3,458 4,824 140% 1,366 428 LMD 2001-3 Zone G 3,433 7,967 6,717 6,918 103% 201 429 LMD 2001-3 Zone H 15,451 6,331 3,374 3,742 111% 368 430 LMD 2001-3 Zone I 61,716 40,910 23,283 25,353 109% 2,070 431 LMD 2001-3 Zone J 17,644 11,936 6,683 7,174 107% 491 432 LMD 2001-3 Zone K 18,021 14,651 7,736 8,290 107% 554 433 LMD 2001-3 Zone L 19,057 14,175 7,957 8,636 109% 679 434 LMD 2001-3 Zone M 55,807 25,718 13,898 15,716 113% 1,818 435 LMD 2001-3 Zone N 40,800 43,034 19,394 20,318 105% 924 436 LMD 2001-3 Zone O 6,576 2,746 1,354 1,519 112% 165 437 LMD 2001-3 Zone P 38,497 14,526 7,223 8,324 115% 1,101 438 LMD 2001-3 Zone Q 15,405 5,997 3,247 3,618 111% 371 439 LMD 2001-3 Zone R 1,849 1,699 1,020 1,067 105% 47 440 LMD 2001-3 Zone S 7,430 3,061 1,495 1,717 115% 222 441 LMD 2001-3 Zone T 57,013 21,130 10,374 12,021 116% 1,647 442 LMD 2001-3 Zone U 37,570 14,313 7,639 8,485 111% 846 443 LMD 2001-3 Zone V 63,337 23,359 11,767 13,631 116% 1,864 444 LMD 2001-3 Zone W 19,463 7,854 8,300 8,985 108% 685 445 LMD 2001-3 Zone X 5,519 2,365 1,176 1,321 112% 145 446 LMD 2001-3 Zone Y 9,212 3,689 1,845 2,099 114% 254 447 LMD 2001-3 Zone Z 10,185 4,093 2,024 2,296 113% 272 448 LMD 2001-3 Zone AA 6,467 2,843 1,399 1,615 115% 216 449 LMD 2001-3 Zone BB 6,006 2,464 1,147 1,343 117% 196 450 LMD 2001-3 Zone CC 23,574 17,523 9,820 10,601 108% 781 451 LMD 2001-3 Zone DD 50,873 23,649 13,161 14,894 113% 1,733 452 LMD 2001-3 Zone EE 24,752 9,563 15,074 15,881 105% 807 453 LMD 2001-3 Zone FF 30,391 21,436 11,643 12,637 109% 994 454 LMD 2001-3 Zone GG 15,382 6,056 2,996 3,452 115% 456 455 LMD 2001-3 Zone HH 12,334 4,877 2,443 2,771 113% 328 456 LMD 2001-3 Zone II 27,648 10,433 5,089 5,828 115% 739 457 LMD 2001-3 Zone JJ 4,943 2,102 1,032 1,178 114% 146 458 LMD 2001-3 Zone KK 2,842 1,655 1,685 1,664 99% (21) 459 LMD 2001-3 Zone LL 10,721 4,358 2,119 2,252 106% 133 460 LMD 2001-3 Zone MM 8,137 5,042 2,867 3,146 110% 279 461 LMD 2001-3 Zone NN 19,085 7,293 3,641 4,227 116% 586 462 LMD 2001-3 Zone OO 18,826 7,230 3,774 4,175 111% 401 463 LMD 2001-3 Zone PP 22,147 8,413 4,200 4,814 115% 614 464 LMD 2001-3 Zone QQ 8,658 3,648 1,884 2,116 112% 232 465 LMD 2001-3 Zone RR 57,429 21,582 11,395 13,226 116% 1,831 466 LMD 2001-3 Zone SS 21,381 8,167 4,148 4,739 114% 591 467 LMD 2001-3 Zone TT 9,128 3,602 1,834 2,056 112% 222 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 17 543
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2022-23 6/30/2024 2023-24
% Budget
Used
468 LMD 2001-3 Zone UU 7,023 2,844 1,314 1,510 115% 196 469 LMD 2001-3 Zone VV 5,921 2,434 2,306 2,513 109% 207 470 LMD 2001-3 Zone WW 24,592 9,570 4,851 5,583 115% 732 471 LMD 2001-3 Zone XX 3,489 2,242 2,760 2,843 103% 83 472 LMD 2001-3 Zone YY 27,233 19,033 10,864 11,887 109% 1,023 473 LMD 2001-3 Zone ZZ 11,014 4,300 2,176 2,726 125% 550 474 LMD 2001-3 Zone AAA 47,941 17,999 9,207 10,753 117% 1,546 475 LMD 2001-3 Zone BBB 30,674 11,626 5,930 6,775 114% 845 476 LMD 2001-3 Zone CCC 65,738 28,879 15,310 17,254 113% 1,944 477 LMD 2001-3 Zone DDD 56,233 21,166 11,020 12,722 115% 1,702 478 LMD 2001-3 Zone EEE 6,186 2,900 3,074 3,459 113% 385 479 LMD 2001-3 Zone FFF 54,497 20,119 10,186 11,827 116% 1,641 480 LMD 2001-3 Zone GGG 19,694 7,672 4,178 4,708 113% 530 481 LMD 2001-3 Zone HHH 828 2,137 3,927 3,910 100% (17) 482 LMD 2001-3 Zone III 26,815 13,216 14,834 14,862 100% 28 483 LMD 2001-3 Zone JJJ 31,081 11,775 6,066 7,200 119% 1,134 484 LMD 2001-3 Zone LLL 6,082 11,151 4,812 5,044 105% 232 485 LMD 2001-3 Zone MMM 20,050 8,225 4,229 4,783 113% 554 486 Illumination District No 2 Subarea 35 8,749 3,795 5,193 5,352 103% 159 487 Illumination District No 2 Subarea 42 2,513 1,496 1,737 1,777 102% 40 488 Illumination District No 2 Subarea 46 9,336 3,263 4,566 4,550 100% (16) 489 Illumination District No 2 Subarea 49 11,841 4,113 4,677 4,802 103% 125 490 Illumination District No 2 Subarea 55 2,344 679 669 684 102% 15 491 JCSD Special District Temporary Fund - (759) - 759 0% 759 500 Debt Service 4,509,981 - - - 0% - 600 Capital Projects 2,143,140 11,417,107 11,237,282 14,208,282 126% 2,971,000 601 General Information Technology Capital Replacem - 433,652 50,000 50,000 100% - 602 General Fleet Capital Replacement Fund - 120,000 120,000 120,000 100% - 603 General Street Maintenance Capital Fund - 500,000 500,000 500,000 100% - 604 General Facility Maintenance Capital Fund - 250,000 250,000 250,000 100% - 605 General Catch Basin & Storm Drain Maintenance C - - 100,000 100,000 100% - 700 Information Technology - - - - 0% - Total Other Fund Revenues 23,268,586 22,950,944 42,548,804 36,934,381 87% (5,614,423) Expenditures
200 Gas Tax 1,994,824 1,280,427 3,516,600 2,675,035 76% (841,565) 205 SB1 1,721,552 (7,078) 4,032,000 3,938,265 98% (93,735) 206 Area Drainage Plan (ADP) 17,322 (13,822) - - 0% - 210 Measure A 1,891,015 1,572,979 7,556,662 4,542,330 60% (3,014,332) 211 TDA Fund 102,318 44,348 - - 0% - 220 AQMD 123,899 1,844 607,440 528,822 87% (78,618) 230 Law Enforcement Grants - - - - 0% - 240 Grants: Miscellaneous Grants Fund 520,016 479,696 25,360,895 13,029,122 51% (12,331,773) 241 Grants: Coronavirus Relief Fund - - - - 0% - 242 Grants: American Rescue Plan Act Fund 7,360,219 - - - 0% - 243 Public, Educational, or Governmental Access Fund - - - - 0% - 250 Grants: Community Development Block Grant - - - - 0% - 260 Local Law Enforcement Services 165,428 - - - 0% - 270 TUMF Reimbursement Fund 344,067 157,993 4,842,010 1,671,198 35% (3,170,812) 290 Transportation DIF 6,587 (3,547) 5,170 5,170 100% - 291 Fire DIF 8,376 (7,086) 910 910 100% - 292 Public Facilities DIF 9,146 485,117 3,260 3,260 100% - 293 Road and Bridge Benefit District 229,679 (98,390) - - 0% - City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 18 544
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2022-23 6/30/2024 2023-24
% Budget
Used
294 Quimby Parkland Fees - - - - 0% - 300 LLMD 89-1 Zone 10 508 159 800 527 66% (273) 301 LLMD 89-1 Zone 33 425 8 500 8,095 1619% 7,595 302 LLMD 89-1 Zone 41 84,713 (14,775) 38,335 20,269 53% (18,066) 303 LLMD 89-1 Zone 79 2,966 884 1,544 1,493 97% (51) 304 LLMD 89-1 Zone 85 1,174 (374) 265 147 56% (118) 305 LLMD 89-1 Zone 111 19,734 8,522 20,623 14,694 71% (5,929) 306 LLMD 89-1 Zone 115 12,838 11,544 14,601 14,138 97% (463) 307 LLMD 89-1 Zone 116 6,734 4,950 7,986 7,152 90% (834) 308 LLMD 89-1 Zone 147 4,315 5,179 6,479 5,949 92% (530) 309 LLMD 89-1 Zone 151 15,413 19,258 47,336 38,973 82% (8,363) 310 LLMD 89-1 Zone 156 10,803 13,403 17,766 16,161 91% (1,605) 311 Benefit Assessment District 2014-2 7,887 4,860 9,586 7,379 77% (2,207) 312 LLMD 2014-1 8,527 5,096 16,562 9,327 56% (7,235) 313 LLMD 2014-3 5,346 3,603 8,413 5,701 68% (2,712) 314 LLMD 2014-4 2,399 726 3,994 1,613 40% (2,381) 315 Community Facilities District 2019-1 3,840 3,198 4,163 4,455 107% 292 400 Community Facilities District 2017-1 7,697 1,612 36,359 26,446 73% (9,913) 401 Community Facilities District 2017-2 20,518 25,840 34,870 31,863 91% (3,007) 402 Community Facilities District 2020-1 83,623 123,806 155,656 143,595 92% (12,061) 403 LMD 98-2 ORIGINAL 1,698 5,417 7,798 4,509 58% (3,289) 404 LMD 98-2 ANNEX 01/Zone A 4,197 4,141 5,818 3,190 55% (2,628) 405 LMD 98-2 ANNEX 02/Zone B 28,806 40,253 30,644 46,871 153% 16,227 406 LMD 98-2 ANNEX 03/Zone C 4,028 8,395 11,535 6,572 57% (4,963) 407 LMD 98-2 ANNEX 04/Zone D 8,607 10,981 14,857 8,858 60% (5,999) 408 LMD 98-2 ANNEX 06/Zone F 2,892 8,944 12,500 7,415 59% (5,085) 409 LMD 2001-1 Zone G 145 477 533 620 116% 87 410 LMD 2001-1 Zone S 336 995 1,229 1,323 108% 94 411 LMD 2001-1 Zone W 6,258 18,434 7,853 18,934 241% 11,082 412 LMD 2001-2 Zone A 3,342 10,987 12,350 14,908 121% 2,558 413 LMD 2001-2 Zone B 2,788 8,921 12,613 7,646 61% (4,967) 414 LMD 2001-2 Zone C 130 691 840 714 85% (126) 415 LMD 2001-2 Zone D 1,870 6,090 8,463 4,991 59% (3,472) 416 LMD 2001-2 Zone F 528 1,785 2,508 1,674 67% (834) 417 LMD 2001-2 Zone G 1,616 4,767 9,368 7,411 79% (1,957) 418 LMD 2001-2 Zone H 4,696 14,741 21,816 11,806 54% (10,010) 419 LMD 2001-2 Zone J 3,096 10,315 14,512 8,784 61% (5,728) 420 LMD 2001-2 Zone K 841 2,832 3,523 3,572 101% 49 421 LMD 2001-2 Zone M 373 1,360 2,081 1,044 50% (1,037) 422 LMD 2001-3 Zone A 18,822 4,986 5,705 5,571 98% (134) 423 LMD 2001-3 Zone B 6,507 3,327 4,275 2,743 64% (1,532) 424 LMD 2001-3 Zone C 1,011 2,794 2,834 3,505 124% 671 425 LMD 2001-3 Zone D 2,297 6,211 6,394 8,054 126% 1,660 426 LMD 2001-3 Zone E 5,080 13,735 14,136 17,531 124% 3,395 427 LMD 2001-3 Zone F 447 1,430 1,078 1,608 149% 530 428 LMD 2001-3 Zone G 2,379 4,446 4,163 5,160 124% 997 429 LMD 2001-3 Zone H 1,149 3,227 3,561 4,002 112% 441 430 LMD 2001-3 Zone I 5,857 18,922 27,395 14,481 53% (12,914) 431 LMD 2001-3 Zone J 1,659 5,419 7,748 4,148 54% (3,600) 432 LMD 2001-3 Zone K 2,579 8,217 11,873 6,396 54% (5,477) 433 LMD 2001-3 Zone L 2,020 6,185 9,048 4,486 50% (4,562) 434 LMD 2001-3 Zone M 3,567 9,448 11,021 10,470 95% (551) 435 LMD 2001-3 Zone N 7,409 29,601 35,908 17,745 49% (18,163) City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 19 545
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2022-23 6/30/2024 2023-24
% Budget
Used
436 LMD 2001-3 Zone O 319 935 959 1,206 126% 247 437 LMD 2001-3 Zone P 1,835 5,015 5,015 6,465 129% 1,450 438 LMD 2001-3 Zone Q 900 2,753 2,620 3,339 127% 719 439 LMD 2001-3 Zone R 221 815 1,354 726 54% (628) 440 LMD 2001-3 Zone S 359 1,063 1,085 1,347 124% 262 441 LMD 2001-3 Zone T 2,633 7,191 7,165 9,158 128% 1,993 442 LMD 2001-3 Zone U 1,964 12,620 5,517 7,046 128% 1,529 443 LMD 2001-3 Zone V 3,075 9,454 8,689 11,293 130% 2,604 444 LMD 2001-3 Zone W 1,058 3,136 3,448 3,824 111% 376 445 LMD 2001-3 Zone X 274 831 871 1,060 122% 189 446 LMD 2001-3 Zone Y 446 1,311 1,348 1,665 124% 317 447 LMD 2001-3 Zone Z 491 1,424 1,454 1,810 124% 356 448 LMD 2001-3 Zone AA 331 1,015 1,116 1,195 107% 79 449 LMD 2001-3 Zone BB 262 801 834 1,020 122% 186 450 LMD 2001-3 Zone CC 2,502 10,381 11,359 5,509 48% (5,850) 451 LMD 2001-3 Zone DD 2,821 8,547 10,475 8,339 80% (2,136) 452 LMD 2001-3 Zone EE 1,437 3,986 4,094 6,422 157% 2,328 453 LMD 2001-3 Zone FF 3,107 10,264 11,121 7,022 63% (4,099) 454 LMD 2001-3 Zone GG 747 2,120 2,131 2,692 126% 561 455 LMD 2001-3 Zone HH 601 1,718 1,812 2,268 125% 456 456 LMD 2001-3 Zone II 1,279 3,571 3,605 4,538 126% 933 457 LMD 2001-3 Zone JJ 235 734 759 931 123% 172 458 LMD 2001-3 Zone KK 1,222 3,317 3,887 4,252 109% 365 459 LMD 2001-3 Zone LL 513 6,370 1,592 1,833 115% 241 460 LMD 2001-3 Zone MM 709 2,273 3,109 2,053 66% (1,056) 461 LMD 2001-3 Zone NN 904 2,567 2,633 3,261 124% 628 462 LMD 2001-3 Zone OO 951 2,726 2,928 4,238 145% 1,310 463 LMD 2001-3 Zone PP 1,174 3,807 3,460 4,426 128% 966 464 LMD 2001-3 Zone QQ 461 1,317 1,454 1,712 118% 258 465 LMD 2001-3 Zone RR 2,837 7,600 7,623 9,790 128% 2,167 466 LMD 2001-3 Zone SS 1,027 2,920 3,097 3,724 120% 627 467 LMD 2001-3 Zone TT 521 1,526 1,592 1,936 122% 344 468 LMD 2001-3 Zone UU 305 909 953 1,163 122% 210 469 LMD 2001-3 Zone VV 366 1,082 1,166 1,387 119% 221 470 LMD 2001-3 Zone WW 1,231 3,440 3,423 4,363 127% 940 471 LMD 2001-3 Zone XX 342 1,452 1,755 1,700 97% (55) 472 LMD 2001-3 Zone YY 2,722 8,934 12,951 6,655 51% (6,296) 473 LMD 2001-3 Zone ZZ 536 1,516 1,517 1,952 129% 435 474 LMD 2001-3 Zone AAA 2,252 6,256 6,344 7,846 124% 1,502 475 LMD 2001-3 Zone BBB 1,610 4,427 4,564 5,667 124% 1,103 476 LMD 2001-3 Zone CCC 4,129 11,916 13,403 13,011 97% (392) 477 LMD 2001-3 Zone DDD 2,857 7,810 7,886 9,831 125% 1,945 478 LMD 2001-3 Zone EEE 73 470 439 3,153 718% 2,714 479 LMD 2001-3 Zone FFF 2,621 7,194 6,821 9,013 132% 2,192 480 LMD 2001-3 Zone GGG 1,204 3,308 3,473 4,661 134% 1,188 481 LMD 2001-3 Zone HHH 2,030 2,459 2,119 2,580 122% 461 482 LMD 2001-3 Zone III 3,679 30,926 8,664 19,495 225% 10,831 483 LMD 2001-3 Zone JJJ 1,547 4,301 4,438 5,372 121% 934 484 LMD 2001-3 Zone LLL 7,900 2,128 2,558 2,152 84% (406) 485 LMD 2001-3 Zone MMM 1,078 2,959 3,047 3,834 126% 787 486 Illumination District No 2 Subarea 35 1,250 3,618 4,250 4,728 111% 478 487 Illumination District No 2 Subarea 42 407 1,341 1,693 1,577 93% (116) 488 Illumination District No 2 Subarea 46 1,212 8,226 3,749 4,291 114% 542 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 20 546
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Other Funds Summary
*Data includes transfers
Audited
Actuals Audited Actuals
Amended
Budget Actuals
Amount
Over(Under)
Budget
Description 2021-22 2022-23 2022-23 6/30/2024 2023-24
% Budget
Used
489 Illumination District No 2 Subarea 49 1,498 5,027 4,789 5,522 115% 733 490 Illumination District No 2 Subarea 55 268 821 953 1,073 113% 120 491 JCSD Special District Temporary Fund - - - - 0% - 500 Debt Service 4,510,719 - - - 0% - 600 Capital Projects 1,021,164 3,273,187 22,967,850 8,801,649 38% (14,166,201) 601 General Information Technology Capital Replacem - - - - 0% - 602 General Fleet Capital Replacement Fund - - - - 0% - 603 General Street Maintenance Capital Fund - - - - 0% - 604 General Facility Maintenance Capital Fund - - - - 0% - 605 General Catch Basin & Storm Drain Maintenance C - - - - 0% - 700 Information Technology - - - - 0% - Total Other Fund Expenditures 20,541,150 7,906,268 69,863,775 36,067,611 52% (33,796,164) City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 21 547
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Available Resources Summary
Audited Fund
Balance
Audited Fund
Balance Actual Revenues
Actual
Expenditures
Available Fund
Balance
Fund Name & Type 2021-22 2022-23 6/30/2024 6/30/2024 6/30/2024
GENERAL FUNDS
100 General Fund 96,083,818$ 127,394,125$ 82,268,318$ 43,178,965$ 166,483,478$ TOTAL General Funds 96,083,818 127,394,125 82,268,318 43,178,965 166,483,478
OTHER PURPOSE GENERAL FUNDS
110 Restricted Structural Fire Fund 14,473,114$ 16,875,651$ 10,051,989$ 7,383,673$ 19,543,967$ 120 General Plan Fund - - 56,795 - 56,795 TOTAL Other Purpose General Funds 14,473,114 16,875,651 10,108,784 7,383,673 19,600,762
SPECIAL REVENUE FUNDS
200 Gas Tax Fund 3,154,024$ 3,783,628$ 2,068,582$ 2,675,035$ 3,177,175$ 205 Road Maintenance and Rehabilitation Fund 800,050 2,437,501 1,841,295 3,938,265 340,531 206 Area Drainage Plan (ADP) 885,689 921,734 30,080 - 951,814 210 Measure A Fund 4,648,626 6,637,058 3,433,382 4,542,330 5,528,110 211 TDA Fund (102,318) - - - - 220 Air Quality Management District 513,467 617,349 155,405 528,822 243,932 230 Law Enforcement Grants - - - - - 240 Grants: Miscellaneous Grants Fund (14,784) 26,204 10,820,267 13,029,122 (2,182,651) 241 Grants: Coronavirus Relief Fund - - - - - 242 Grants: American Rescue Plan Act Fund - - - - - 243 Public, Educational, or Governmental Access Fund 2,703 4,147 885 - 5,032 250 Grants: Community Development Block Grant (7) (7) - - (7) 260 Local Law Enforcement Services - - - - - 270 TUMF Reimbursement Find (625,167) (769,342) 451,322 1,671,198 (1,989,218) 290 DIF Transportation Facilities Fund 423,775 947,941 574,123 5,170 1,516,894 291 DIF Fire Facilities Fund 538,832 616,755 144,417 910 760,262 292 DIF Public Facilities Fund 590,338 175,194 226,542 3,260 398,476 293 Road and Bridge Benefit District 6,670,033 6,986,893 867,221 - 7,854,113 294 Quimby Parkland Fees - - 12,387 - 12,387 300 LLMD 89-1 Zone 10 (4,069) 515 12 527 - 301 LLMD 89-1 Zone 33 7,210 7,910 185 8,095 - 302 LLMD 89-1 Zone 41 1,788,103 1,879,870 99,814 20,269 1,959,414 303 LLMD 89-1 Zone 79 16,207 16,990 1,783 1,493 17,279 304 LLMD 89-1 Zone 85 30,600 31,958 1,176 147 32,987 305 LLMD 89-1 Zone 111 166,660 183,032 15,827 14,694 184,164 306 LLMD 89-1 Zone 115 (28,207) (35,657) 4,269 14,138 (45,526) 307 LLMD 89-1 Zone 116 61,041 63,988 7,233 7,152 64,070 308 LLMD 89-1 Zone 147 (6,212) (9,674) 1,785 5,949 (13,839) 309 LLMD 89-1 Zone 151 (50,753) (60,500) 9,702 38,973 (89,771) 310 LLMD 89-1 Zone 156 (22,520) (28,784) 7,282 16,161 (37,662) 311 Benefit Assessment District 2014-2 13,403 19,802 10,183 7,379 22,605 312 LLMD 2014-1 18,548 31,667 17,087 9,327 39,427 313 LLMD 2014-3 7,890 11,402 9,230 5,701 14,932 314 LLMD 2014-4 10,180 15,525 4,134 1,613 18,047 315 Community Facilities District 2019-1 (654) 7,179 9,618 4,455 12,342 400 Community Facilities District 2017-1 255,799 295,932 45,285 26,446 314,771 401 Community Facilities District 2017-2 53,197 76,569 35,390 31,863 80,096 402 Community Facilities District 2020-1 52,480 24,598 99,168 143,595 (19,829) 403 LMD 98-2 ORIGINAL 14,937 20,544 5,485 4,509 21,519 404 LMD 98-2 ANNEX 01/Zone A (2,191) 1,817 4,749 3,190 3,375 405 LMD 98-2 ANNEX 02/Zone B 13,087 64,667 64,280 46,871 82,076 406 LMD 98-2 ANNEX 03/Zone C 272 8,521 10,371 6,572 12,320 407 LMD 98-2 ANNEX 04/Zone D (2,374) 8,932 15,673 8,858 15,747 408 LMD 98-2 ANNEX 06/Zone F 26,624 40,039 11,367 7,415 43,991 409 LMD 2001-1 Zone G 1,717 2,332 1,254 620 2,966 410 LMD 2001-1 Zone S 2,089 2,414 1,643 1,323 2,734 411 LMD 2001-1 Zone W 14,079 10,585 7,732 18,934 (617) 412 LMD 2001-2 Zone A 45,807 53,181 15,067 14,908 53,340 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 22 548
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Available Resources Summary
Audited Fund
Balance
Audited Fund
Balance Actual Revenues
Actual
Expenditures
Available Fund
Balance
Fund Name & Type 2021-22 2022-23 6/30/2024 6/30/2024 6/30/2024 413 LMD 2001-2 Zone B 23,568 32,007 11,964 7,646 36,324 414 LMD 2001-2 Zone C 1,293 1,695 674 714 1,656 415 LMD 2001-2 Zone D 15,432 21,229 7,999 4,991 24,236 416 LMD 2001-2 Zone F 2,600 3,881 11,209 1,674 13,416 417 LMD 2001-2 Zone G 24,870 30,389 9,437 7,411 32,416 418 LMD 2001-2 Zone H 35,195 49,308 19,990 11,806 57,492 419 LMD 2001-2 Zone J 24,278 32,474 13,370 8,784 37,060 420 LMD 2001-2 Zone K 1,117 1 1,880 3,572 (1,692) 421 LMD 2001-2 Zone M 1,942 3,352 1,677 1,044 3,986 422 LMD 2001-3 Zone A (14,920) (7,167) 13,396 5,571 658 423 LMD 2001-3 Zone B (3,135) 3,447 8,173 2,743 8,877 424 LMD 2001-3 Zone C 21,467 27,092 4,639 3,505 28,225 425 LMD 2001-3 Zone D 43,417 54,664 9,343 8,054 55,953 426 LMD 2001-3 Zone E 95,124 119,981 22,706 17,531 125,155 427 LMD 2001-3 Zone F 37,754 51,278 4,824 1,608 54,494 428 LMD 2001-3 Zone G 1,054 4,574 6,918 5,160 6,332 429 LMD 2001-3 Zone H 14,303 17,407 3,742 4,002 17,146 430 LMD 2001-3 Zone I 55,862 77,850 25,353 14,481 88,722 431 LMD 2001-3 Zone J 15,985 22,502 7,174 4,148 25,528 432 LMD 2001-3 Zone K 15,442 21,876 8,290 6,396 23,770 433 LMD 2001-3 Zone L 17,038 25,028 8,636 4,486 29,179 434 LMD 2001-3 Zone M 52,240 68,510 15,716 10,470 73,757 435 LMD 2001-3 Zone N 33,391 46,824 20,318 17,745 49,396 436 LMD 2001-3 Zone O 6,257 8,069 1,519 1,206 8,383 437 LMD 2001-3 Zone P 36,662 46,173 8,324 6,465 48,033 438 LMD 2001-3 Zone Q 14,505 17,749 3,618 3,339 18,028 439 LMD 2001-3 Zone R 1,628 2,512 1,067 726 2,853 440 LMD 2001-3 Zone S 7,075 9,072 1,717 1,347 9,442 441 LMD 2001-3 Zone T 54,380 68,318 12,021 9,158 71,182 442 LMD 2001-3 Zone U 35,606 37,299 8,485 7,046 38,739 443 LMD 2001-3 Zone V 60,262 74,167 13,631 11,293 76,506 444 LMD 2001-3 Zone W 18,405 23,122 8,985 3,824 28,283 445 LMD 2001-3 Zone X 5,245 6,779 1,321 1,060 7,039 446 LMD 2001-3 Zone Y 8,765 11,143 2,099 1,665 11,577 447 LMD 2001-3 Zone Z 9,695 12,364 2,296 1,810 12,850 448 LMD 2001-3 Zone AA 6,136 7,965 1,615 1,195 8,385 449 LMD 2001-3 Zone BB 5,743 7,406 1,343 1,020 7,729 450 LMD 2001-3 Zone CC 21,073 28,214 10,601 5,509 33,307 451 LMD 2001-3 Zone DD 48,052 63,155 14,894 8,339 69,710 452 LMD 2001-3 Zone EE 23,315 28,893 15,881 6,422 38,351 453 LMD 2001-3 Zone FF 27,284 38,456 12,637 7,022 44,071 454 LMD 2001-3 Zone GG 14,635 18,572 3,452 2,692 19,332 455 LMD 2001-3 Zone HH 11,733 14,892 2,771 2,268 15,395 456 LMD 2001-3 Zone II 26,369 33,230 5,828 4,538 34,520 457 LMD 2001-3 Zone JJ 4,707 6,076 1,178 931 6,323 458 LMD 2001-3 Zone KK 1,620 (42) 1,664 4,252 (2,630) 459 LMD 2001-3 Zone LL 10,208 8,196 2,252 1,833 8,615 460 LMD 2001-3 Zone MM 7,428 10,197 3,146 2,053 11,290 461 LMD 2001-3 Zone NN 18,180 22,906 4,227 3,261 23,871 462 LMD 2001-3 Zone OO 17,875 22,379 4,175 4,238 22,316 463 LMD 2001-3 Zone PP 20,973 25,579 4,814 4,426 25,967 464 LMD 2001-3 Zone QQ 8,196 10,527 2,116 1,712 10,931 465 LMD 2001-3 Zone RR 54,592 68,574 13,226 9,790 72,009 466 LMD 2001-3 Zone SS 20,354 25,601 4,739 3,724 26,617 467 LMD 2001-3 Zone TT 8,607 10,682 2,056 1,936 10,803 468 LMD 2001-3 Zone UU 6,717 8,652 1,510 1,163 8,998 469 LMD 2001-3 Zone VV 5,555 6,907 2,513 1,387 8,032 470 LMD 2001-3 Zone WW 23,361 29,491 5,583 4,363 30,711 471 LMD 2001-3 Zone XX 3,147 3,937 2,843 1,700 5,080 City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 23 549
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Available Resources Summary
Audited Fund
Balance
Audited Fund
Balance Actual Revenues
Actual
Expenditures
Available Fund
Balance
Fund Name & Type 2021-22 2022-23 6/30/2024 6/30/2024 6/30/2024 472 LMD 2001-3 Zone YY 24,511 34,611 11,887 6,655 39,843 473 LMD 2001-3 Zone ZZ 10,479 13,262 2,726 1,952 14,037 474 LMD 2001-3 Zone AAA 45,690 57,433 10,753 7,846 60,340 475 LMD 2001-3 Zone BBB 29,064 36,264 6,775 5,667 37,371 476 LMD 2001-3 Zone CCC 61,609 78,573 17,254 13,011 82,816 477 LMD 2001-3 Zone DDD 53,376 66,732 12,722 9,831 69,622 478 LMD 2001-3 Zone EEE 6,113 8,542 3,459 3,153 8,849 479 LMD 2001-3 Zone FFF 51,876 64,801 11,827 9,013 67,616 480 LMD 2001-3 Zone GGG 18,489 22,854 4,708 4,661 22,901 481 LMD 2001-3 Zone HHH (1,202) (1,524) 3,910 2,580 (194) 482 LMD 2001-3 Zone III 23,136 5,426 14,862 19,495 793 483 LMD 2001-3 Zone JJJ 29,534 37,008 7,200 5,372 38,837 484 LMD 2001-3 Zone LLL (1,818) 7,205 5,044 2,152 10,098 485 LMD 2001-3 Zone MMM 18,972 24,238 4,783 3,834 25,186 486 Illumination District No 2 Subarea 35 7,499 7,677 5,352 4,728 8,300 487 Illumination District No 2 Subarea 42 2,106 2,262 1,777 1,577 2,462 488 Illumination District No 2 Subarea 46 8,124 3,161 4,550 4,291 3,420 489 Illumination District No 2 Subarea 49 10,343 9,429 4,802 5,522 8,709 490 Illumination District No 2 Subarea 55 2,076 1,934 684 1,073 1,545 491 JCSD Special District Temporary Fund - (759) 759 - - TOTAL Special Revenue Funds 21,537,849 27,134,953 21,706,099 27,265,963 21,575,089
DEBT SERVICE FUND
500 General Debt Service Fund -$ -$ -$ -$ -$ TOTAL Debt Service Fund - - - - -
CAPITAL PROJECTS FUNDS
600 General Capital Projects Fund 2,908,958$ 11,052,878$ 14,208,282$ 8,801,649$ 16,459,511$ 601 General Information Technology Capital Replaceme - 553,652 50,000 - 603,652 602 General Fleet Capital Replacement Fund - 120,000 120,000 - 240,000 603 General Street Maintenance Capital Fund - 500,000 500,000 - 1,000,000 604 General Facility Maintenance Capital Fund - 250,000 250,000 - 500,000 605 General Catch Basin & Storm Drain Maintenance Ca - - 100,000 - 100,000 TOTAL Capital Projects Fund 2,908,958 12,476,530 15,228,282 8,801,649 18,903,163
INTERNAL SERVICE FUNDS
700 Information Technology Internal Service Fund -$ -$ -$ -$ -$ TOTAL Internal Service Funds - - - - - TOTAL 135,003,739$ 183,881,258$ 129,311,483$ 86,630,249$ 226,562,492$ City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 24 550
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Available Resources Summary
Audited Fund
Balance
Audited Fund
Balance Actual Revenues
Actual
Expenditures
Available Fund
Balance
Fund Name & Type 2021-22 2022-23 6/30/2024 6/30/2024 6/30/2024
GENERAL FUND - FUND BALANCE RESERVES AND COMMITMENTS
Total General Fund Estimated Fund Balance at 06/30/2024 166,483,478$ Nonspendable (Per 06/30/2023 ACFR):
Prepaid Items -
Total Nonspendable Fund Balance -
Restricted:
Restricted Fund Balance -
Total Restricted Fund Balance -
Assigned:
Emergency Contingency (50% of Adopted Operating Appropriations) 15,460,841 Held for Reimbursable Grants 29,500,000
Held to Cover Special Revenue Fund, Negative Fund Balance 327,823 Business Incentive Loan Program 300,000
ATP Cycle 7 Grant Trail Improvement CIP Match (for FY 2025-26) 5,000,000 Total Assigned Reserves 50,588,664
Committed:
Facility Construction: City Hall 33,000,000
Facility Construction: Library 10,000,000
Facility Construction: Police Substation 8,000,000
Pension Liability (CalPERS Reserve) 2,000,000
Equipment Purchase, Fire Truck 1,500,000
Public Safety Rate Increase Stabilization 1,000,000
Total Committed Reserves 55,500,000
Committed Appropriations Limit Qualified Capital Outlay Reserve:
General Fund: Facility Construction: City Hall - Appropriations Limit 20,420,029 General Fund: Facility Construction: Library - Appropriations Limit 17,595,000 Total Appropriations Limit Committed Reserves 38,015,029 Total General Funds Estimated Unassigned Fund Balance at 06/30/2024 22,379,785$
RESTRICTED STRUCTURAL FIRE FUND - FUND BALANCE RESERVES AND COMMITMENTS Total Fire Funds Estimated Fund Balance at 06/30/2024 19,543,967$ Assigned:
Emergency Contingency (75% of Adopted Operating Appropriations) 4,787,755 Facility Construction: Third Fire Station 2,000,000
Total Assigned Reserves 6,787,755
Committed:
Facility Construction: Third Fire Station 8,000,000
Equipment Purchase: Apparatus Replacement Reserve 400,000 Total Committed Reserves 8,400,000
Total Fire Funds Estimated Unassigned Fund Balance at 06/30/2024 4,356,212$ Restricted by the County of Riverside (Per 06/30/2023 ACFR):
Restricted Fund Balance 16,875,651
Total Restricted Fund Balance 16,875,651
**For the purpose of this schedule, budgetary fund balance is estimated. Estimated fund balance in the far right column is defined as revenues minus expenditures. For the city's two major funds, fund balance is further broken down by the five categories of fund balance, nonspendable, restricted, assigned, committed, and unassigned located in the bottom portion of the schedule. Adequate fund balance is available in the General Fund to cover any negative fund balances in the city's reimbursable grant funds and special financing district funds.
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 25 551
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Assigned Reserve: Contingency Calculation
Audited Fund
Balance
Audited Fund
Balance
Amended
Revenue Budget
Amended
Expenditure
Budget
Estimated
Available Fund
Balance
Fund Name & Type 2021-22 2022-23 6/30/2024 6/30/2024 6/30/2024
GENERAL FUNDS
100 General Fund 127,394,125$ 127,394,125$ 82,268,318$ 43,178,965$ 166,483,478$ TOTAL General Funds 127,394,125 127,394,125 82,268,318 43,178,965 166,483,478 Assigned 50% Contingency Reserve
Policy: 50% of Annual Budgeted Operating Expenditures
Total Expenditures 43,178,965
Non-Operating Expenditures 12,257,282
Operating Expenditures 30,921,683
50% Reserve 15,460,841
OTHER PURPOSE GENERAL FUNDS
110 Restricted Structural Fire Fund 14,473,114$ 16,875,651$ 10,051,989$ 7,383,673$ 19,543,967$ TOTAL Other Purpose General Funds 14,473,114 16,875,651 10,051,989 7,383,673 19,543,967 Assigned 75% Contingency Reserve
Policy: 75% of Annual Budgeted Operating Expenditures
Total Expenditures 7,383,673
Non-Operating Expenditures 1,000,000
Operating Expenditures 6,383,673
75% Reserve 4,787,755
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 26 552
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Appropriations Limit Summary
Pre Voter
Approved
Override
Voter
Approved
Override
Post Voter
Approved
Override
Post Voter
Approved
Override
Post Voter
Approved
Override
2017-18 2018-19 2019-20 2020-21 2020-21 2021-22 2022-23 2023-24
ADOPTED APPROPRIATIONS LIMIT
Adopted Appropriations Limit 21,455,814$ 23,077,364$ 24,418,797$ 25,794,921$ 33,000,000$ 35,473,578$ 39,253,023$ 40,991,901$ Subject Revenue Appropriations
General Fund 10,045,447 15,809,535 17,472,985 17,952,129 41,516,698 54,973,760 53,493,923 58,427,813 Fire Fund 5,055,030 5,346,150 6,285,042 6,406,287 6,406,287 7,298,931 7,785,000 8,400,000 Total Subject Revenue Appropriati 15,100,477 21,155,685 23,758,027 24,358,416 47,922,985 62,272,691 61,278,923 66,827,813 Over(Under) Limit (6,355,337) (1,921,679) (660,770) (1,436,505) 14,922,985 26,799,113 22,025,900 25,835,912 AB137 Provision Calculation 25,152,570
Annual Available for Capital Outlay 14,922,985 26,799,113 22,025,900 683,342 Cumulative Available for Capital Outlay 41,722,098 22,025,900 683,342 Cumulative Available for Capital Outlay Expenditures and Reserves 41,722,098 22,025,900 683,342 FY2021-22 Adopted Capital Outlay Reserve Commitments
General Fund: Facility Construction City Hall - Appropriations Limit 18,399,529 General Fund: Facility Construction Library - Appropriations Limit 10,595,000 General Fund: Limonite Gap Bridge - Appropriations Limit 2,500,000 General Fund: Equipment, Fire Truck Purchase - Appropriations Limit 1,500,000 General Fund: Facility, Fire Station 27 Storage Facility - Appropriations Limit 2,000,000 Subtotal Capital Outlay Reserve Commitments 34,994,529 0 0 0 FY2021-22 Adopted Capital Outlay Expenditures
Streetlight Debt Pay-Off - Appropriations Limit 4,168,519 Goodman Commerce Infrastructure Developer Agreement Pay-Off - Appropriation 2,559,050 Subtotal Capital Outlay Expenditure Budget 6,727,569 0 0 0 FY2022-23 Proposed Reserve Commitments
General Fund: Facility Construction City Hall - Appropriations Limit 5,545,900 General Fund: Facility Construction Library - Appropriations Limit 7,000,000 Subtotal Capital Outlay Reserve Commitments 12,545,900
FY2022-23 Proposed Capital Outlay Expenditures
93026: Appropriation from Reserve: Limonite Gap Bridge 2,500,000 93026: Limonite Gap Bridge 4,525,000
95001: Hamner Place 700,000
94012: Prado Dam Inundation Utlity Mitigation 155,000
95011: Facility Construction City Hall 3,100,000
95018: Modular Offices 800,000
93035: I-15 Corridor Landscaping 200,000
Subtotal Capital Outlay Expenditure Budget 2,500,000 9,480,000 FY2023-24 Proposed Reserve Commitments
General Fund: Facility Construction City Hall - Appropriations Limit (3,525,400) FY2021-22
Commitments
and Expenditures
FY2022-23
Appropriations
From Reserve
FY2022-23
Commitments
and Expenditures
FY2023-24
Commitments
and Expenditures
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 27 553
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Appropriations Limit Summary
Pre Voter
Approved
Override
Voter
Approved
Override
Post Voter
Approved
Override
Post Voter
Approved
Override
Post Voter
Approved
Override
2017-18 2018-19 2019-20 2020-21 2020-21 2021-22 2022-23 2023-24 General Fund: Limonite Gap Bridge - Appropriations Limit (2,500,000) General Fund: Equipment, Fire Truck Purchase - Appropriations Limit Release (1,500,000) General Fund: Facility, Fire Station 27 Storage Facility - Appropriations Limit Release (2,000,000) Subtotal Capital Outlay Reserve Commitments (2,500,000) (7,025,400) FY2023-24 Proposed Capital Outlay Expenditures
95011: Facility Construction City Hall 7,025,400
93026: Limonite Gap Bridge
Subtotal Capital Outlay Expenditure Budget 7,025,400
Remaining Appropriations Limit Surplus 0 0 0 683,342
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 28 554
CITY OF EASTVALE **UNAUDITED**
Fiscal Year 2023-24
Interim Financial Report | QUARTER FOUR ending June 30, 2024 | 12 months Sales Tax Summary
Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2023-24 Quarter 2018-19 2019-20** 2020-21 2021-22 2022-23 2023-24 Budget Quarter 1 2,454,597 2,986,937 2,873,677 10,585,289 11,716,157 12,593,129 55,480,000 Quarter 2 # 2,693,017 2,807,803 3,144,645 12,241,575 13,047,245 22,003,231 7,818,948 Quarter 3 2,129,355 2,272,291 10,892,874 10,836,091 10,173,170 11,478,848 Quarterly Quarter 4 2,332,606 2,281,948 11,208,862 11,047,330 12,419,799 12,244,139 Budget:
TOTAL Sale 9,609,575 10,348,979 28,120,058 44,710,286 47,356,371 58,319,348 13,870,000 **Sales tax for quarter 1 2019-20 included a late payment from the state applicable to prior quarters, this timing issue is the result of a state software system conversion. As a result, the amounts for quarter 1 2019-20 appear higher than normal.
NOTE: Sales tax figures represent sales tax receipts applicable to the quarters indicated. Amounts may not have been actually received in the quarter indicated, these totals may not be represented in other summary reports included in this report.
# A true up for Quarter 2 ending December 31, 2020 was received in Quarter 2 2023-24.
City of Eastvale │ 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 │ (951) 361-0900 │ eastvaleca.gov 29 555
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.10
November 13, 2024
Transient Occupancy Tax Sharing and Settlement Agreement Prepared By:
Erica L. Vega, City Attorney
Recommended Action(s)
Staff recommends that the City Council:
1 .
Approve the Transient Occupancy Tax Sharing and Se"lement Agreement by and between the City and Eastvale Palace LLC; and
2 .
Approve and Adopt Resolu)on 24-XX Amending the 2024-25 Fiscal Year Opera)ng Budget for the Transient Occupancy Tax Sharing and Settlement Agreement.
Summary
The proposed Transient Occupancy Tax Sharing and Se"lement Agreement provides the ownership of the Staybridge Suites at Hamner Place payments equivalent to 80% of the transient occupancy tax (TOT) generated from the hotel for ten years or un)l $6 million in payments have been made, whichever occurs first. In exchange for these payments, the City receives a wavier and release of all claims against it. The Agreement fully se"les the dispute between the City and Eastvale Palace, LLC, the owner of the hotel, pertaining to the construction and permitting of the hotel.
TOT sharing is a commonly used economic development tool. Most of the surrounding ci)es have entered into TOT sharing agreements to secure hotel development in their ci)es. Eastvale Palace did not request TOT sharing prior to the construc)on of the hotel. The proposed Agreement func)ons as a se"lement agreement, and therefore the requirements of Government Code Sec)on 53083 pertaining to economic development subsidies does not apply. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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Background
The owners of the Staybridge Suites hotel located at Hamner Place made a threat of li)ga)on against the City related to delays experienced in the construc)on of the hotel. Specifically, the owners raised issues with the City's plan checking and changes to the project plans that were necessitated by the plan check process. The City Council met in closed session to review the threat and authorized city staff and the city attorney to negotiate a settlement agreement.
Environmental
The approval of this Agreement is and administra)ve and financial ac)on and not a project subject to the California Environmental Quality Act.
Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.
Fiscal Impact
The City will pay to Eastvale Palace LLC 80% of the TOT generated by the Staybridge Suites at Hamner Place for 10 years or un)l $6 million in payments are made. Therefore, the maximum General Fund impact is $6 million. However, based on current TOT revenues generated by the hotel, it is anticipated that the 10 year term will expire well before $6 million is paid out.
Total fiscal impact for the 2024-25 fiscal year opera)ng budget is es)mated at $90,000. A budget resolu)on is required to amend the fiscal year 2024-25 opera)ng budget in the amount of $90,000 in the General-Fund Transient Occupancy Tax Sharing expenditure account 100-000-6832. As of the publish date of this report the General Fund is projected to complete the fiscal year with a $19.7 million total surplus (of which $13.0 million is opera)ng surplus); as such, there is adequate fund balance to appropriate addi)onal budget for the agreement. Expenditures are offset by Transient Occupancy Tax revenues.
Prior City Council/Commission Action
September 25, 2024 - City Council closed session
October 14, 2024 - City Council closed session
Attachment(s)
Attachment 1 - TOT Sharing and Settlement Agreement
Attachment 2 - Budget Resolution: TOT Sharing
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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RESOLUTION NO. 24-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING ITS 2024-25 FISCAL BUDGET FOR THE TRANSIENT OCCUPANCY TAX SHARING AND SETTLEMENT AGREEMENT.
WHEREAS the budget for fiscal year 2024-25 of the City of Eastvale has been adopted by this Council in its original form, and said budget will need to be amended at times to fulfill the goals of the City; and
WHEREAS, the City departments may not exceed their appropriations by character of expense, with character of expense being defined as personnel services, services and supplies, capital outlay, debt service and transfers, without the consent of the City Manager; and WHEREAS, the City Manager may transfer appropriations between accounts, departments, programs, and funds, as long as those appropriations do not exceed the grand total budget approved by Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
SECTION 1. AUTHORIZE AN APPROPRIATION IN THE GENERAL FUND, TRANSIENT OCCUPANCY TAX SHARING EXPENDITURE ACCOUNT NO. 100-290-6832 IN THE AMOUNT OF $90,000; FOR THE TRANSIENT OCCUPANCY TAX SHARING AGREEMENT (80% FOR SEVEN MONTHS OF FISCAL YEAR).
PASSED, APPROVED AND ADOPTED this 13th day of November 2024. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
564
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 13th day of November 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
565
AGENDA STAFF REPORT
City Council Meeting
CONSENT CALENDAR
Agenda Item No. 11.11
November 13, 2024
Third Contract Amendment with GeoCon West Inc. for the Eastvale Civic Center
Prepared By:
Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council authorize the City Manager to execute a contract amendment with GeoCon West Inc. to provide the Preliminary Environment Assessment for an additional amount of $24,500 for a total not-to-exceed amount of $69,825.
Summary
As part of the due diligence process for acquiring a property for the Eastvale Civic Center, a Phase I Environmental Site Assessment (ESA) should be conducted before acquiring the property. This assessment will determine if any environmentally hazardous materials are present on the site. If the Phase I assessment indicates the presence of hazardous materials, further tes6ng (Phase II) will be necessary to evaluate the severity and identify potential mitigation measures.
GeoCon West Inc. ("GeoCon"), an expert in this field, has quoted a lump sum fee of $4,500 for the Phase I Environmental Site Assessment. The findings from the Phase I report will determine whether a Phase II assessment is necessary. Since the amount of work required for Phase II cannot be established un6l the comple6on of Phase I, an accurate fee for Phase II, if needed, cannot be determined at this 6me. However, based on GeoCon's experience, they es6mate that the Phase II assessment will cost approximately $20,000. While it is likely that the Phase I assessment will be sufficient, to ensure 6mely and efficient workflow, staff is reques6ng a contract amendment to include a not-to-exceed fee of $20,000 for the Phase II assessment in the event that a Phase II assessment is needed.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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Background
The purpose of the Phase I ESA will be to obtain informa6on regarding the poten6al presence of hazardous substance or petroleum product impacts at the Site. The Phase I ESA will be performed in general accordance with the American Society for Tes6ng and Materials (ASTM) Designa6on E 1527- 21 Standard Prac6ce for Environmental Site Assessments: Phase I Environmental Site Assessment Process and in accordance with the requirements of 40 Code of Federal Regula6ons (CFR) Part 312 6tled Standards and Prac6ces for All Appropriate Inquiries (AAI). Based on the findings of the ESA, Phase II Environmental Sampling and Testing will also be performed on the Site.
In order to perform the Phase I ESA, a permission to enter the Site will be required from the current property owner.
Environmental
The environmental impacts associated with the development of the Civic Center site were assessed in the Program Environmental Impact Report (PEIR) prepared for the Leal Master Plan, and the Addendum to that PEIR prepared for the Amendment to the Leal Master Plan which was adopted by the City Council on May 11, 2022.
Strategic Plan Action - Priority Level: 1
| Target #: E
| Goal #: A
The proposed contract contribute to the development of Downtown Eastvale, which can significantly aFract businesses and retailers to establish their presence in the City and create a "Des6na6on Eastvale" with high-quality and unique businesses Develop and Construct Civic Center; and Construct a Police Substation building.
Fiscal Impact
The total fiscal impact for the contract is $24,500.
Adequate General Fund budget is available under
Capital Improvement Plan Project No. 95011 for the Civic Center in the General Capital Projects Fund under account 600-500-6650-95011-0000.
Prior City Council/Commission Action
Council authorized staff to start the RFP process for an Owner Representa6ve/Program Manager and Bridging Architect on July 28, 2021.
In November 2021, the City Council approved a contract with Griffin Structures and sub-consultants, LPA (architects), Urban Arena (architects), and Circle Pointe (communica6ons) in the amount of $4,580,000 for outreach, design up to Design Development, and Construction Administration
City Council approved the Downtown Eastvale Master Plan Amendment (Leal Master Plan Amendment) project and the associated Development Agreement on May 11, 2022.
On October 12, 2022 the City Council authorized the City Manager to execute a contract amendment with Gensler architectural services for $230,000, for a combined amount not-to-exceed $250,000, to perform planning and pre-design services for Downtown Eastvale.
On October 12, 2022, the City Council authorized the City Manager to execute the First Amendment to the Agreement with Griffin Structures to reduce the Scope of Services, retaining Griffin as the Owner Representa6ve/Program Manager for the Civic Center project and elimina6ng sub- 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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consultants, and reducing the total compensa6on amount to $1,845,353 and modifying the delivery method.
On November 30, 2022, the City Council held a workshop on the Civic Center Public Infrastructure Project and set the building sizes for the Civic Center Campus.
On May 10, 2023, the City Council authorized the City Manager to execute a contract amendment with Gensler which included a team of subconsul6ng Engineers of Record for architectural, engineering, and interior design services for Phase 1 of the Civic Center Project (City Hall, Library, Police Station, Civic Plaza, Civic Park) for total contract not-to-exceed amount of $12,178,295.
On June 28, 2023, City Council authorized the City Manager to execute a contract amendment with Geocon for a total not-to-exceed amount of $33,025.
On September 13, 2023, City Council authorized the City Manager to execute a second contract amendment with Geocon for a total not-to-exceed amount of $45,325.
With this approval, City Manager will execute a third contract amendment with Geocon for an additional $24,500, for a total not-to-exceed amount of $69,825.
Attachment(s)
Attachment 1 - Third Amendment to Geocon Agreement
Attachment 1.1 - Exhibit A to Third Amendment
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4855-0611-4804 v1 -1-
Third Amendment to Agreement
This Third Amendment to Agreement (“Third Amendment” ) is entered into this 13 th day of November, 2024 by and between the City of Eastvale, a California general law city (“City”), and Geocon West, Inc., a California corporation (“Contractor”), as follows:
RECITALS
A. City and Contractor entered in an agreement for geotechnical services on or about May 11, 2023 (“Agreement”).
B. The Agreement authorized Contractor to provide peer review and grading recommendation services for an amount not to exceed $4,725.
C. A First Amendment to the Agreement was approved by the City Council on June 28, 2023 to expand the Scope of Work to include peer review, soil testing, preparation of a geotechnical report, construction recommendations, and grading inspections, and increase the compensation not to exceed amount by $28,300.
D. A Second Amendment to the Agreement was approved by the City Council on September 13, 2023 to perform more soils testing determined to be needed by the civil engineer of record, and increase the compensation not to exceed amount to pay for the testing by $12,300.
E. The purpose of this Third Amendment is to further expand the Scope of Work to perform the Preliminary Environmental Site Assessment at Eastvale Civic Center, and increase the compensation not to exceed amount to pay for the testing by $24,500.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Third Amendment which modifies and amends the Agreement as follows:
1. AMENDMENTS.
a. Exhibit A (Scope of Services) is amended to include Scope E attached to this Third Amendment as Exhibit A.
b. Section 4(a) is amended to increase the lump sum compensation amount to not to exceed sixty-nine thousand eight hundred twenty five dollars ($69,825.00). c. Exhibit B (Compensation) is amended in its entirety to read as follows:
“Compensation shall be paid in lump sums after the relevant portion of the Services has been rendered and accepted by the City in accordance with the following:
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Scope A - $2,225
Scope B, Alternate 1 - $2,500
Scope B, Alternate 2 - $22,300
Scope C - $930 per inspection, not to exceed $6,000
Scope D - $12,300
Scope E – ESA Phase I - $4,500
Scope E – ESA Phase II - $20,000”
2. GENERAL PROVISIONS.
a. Remainder Unchanged . Except as specifically modified and amended in this Third Amendment, the Agreement remains in full force and effect and binding upon the parties. b. Integration. This Third Amendment constitutes the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Third Amendment. c. Effective Date. This Third Amendment shall not become effective until the date it has been formally approved and executed by the appropriate authorities of the City and Consultant. d. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Third Amendment.
e. References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Third Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Third Amendment.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above.
CITY OF EASTVALE:
____________________________
Mark Orme, City Manager
APPROVED AS TO FORM:
____________________________
Erica L. Vega, City Attorney
ATTEST:
____________________________
Marc Donohue, City Clerk
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GEOCON WEST, INC.
___________________________
Neal Berliner, President
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Exhibit A
Scope E
Phase I
572
573
574
Phase II
575
AGENDA STAFF REPORT
City Council Meeting
PUBLIC HEARINGS
Agenda Item No. 12.1
November 13, 2024
First Amendment to Development Agreement No. 003 between the City and The New Home Company, and a Finding of
Consistency with the Eastvale General Plan 2040 and the Leal Master Plan
Prepared By:
Gustavo N. Gonzalez, Community Development Director
Recommended Action(s)
Staff recommends that the City Council conduct the public hearing and introduce the ordinance to
approve the First Amendment to Development Agreement No. 003 entitled:
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 003 ADOPTED BY ORDINANCE NO. 22-05 BY AND BETWEEN THE CITY OF EASTVALE AND THE NEW HOME COMPANY RELATED TO THE 158.6-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF HAMNER AND
LIMONITE AVENUES COMMONLY KNOWN AS THE LEAL PROPERTY
Summary
The terms of the Development Agreement between the City and the TNHC (“DA”) contemplates that the par>es would enter into an Op>on Agreement for the transfer of approximately 16 acres of land at the corner of Limonite and Hamner Avenues to develop the City’s future civic center (Lots 5 and J) and commercial downtown core (Lot 3). However, the par>es were unable to agree on final terms of the Op>on and have been in discussions regarding alterna>ves to the Op>on. This First Amendment to Development Agreement (“First Amendment”)(
A3achment 2
) requires TNHC to transfer Lots 5
and J to the City within 10 days of the date that the adop>on ordinance becomes effec>ve and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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removes the minimum amount of commercial space that must be constructed within the Mixed Use Areas of the project. The First Amendment would not increase the amount of housing units currently allowed. The par>es are s>ll discussing alterna>ves to the Op>on with respect to Lot 3. For the sake of expediency and so that the construc>on of the civic center is not delayed, the par>es agreed to move forward with an amendment addressing Lots 5 and J with a second amendment an>cipated soon addressing Lot 3. The request is consistent with the Eastvale General Plan 2040 and the Leal Master Plan.
Background
On May 11, 2022, the City Council adopted an amendment to the Leal Master Plan and approved the DA with TNHC to facilitate the development of up to 2,500 residen>al units, 14 acres of parks and open space, 595,000 square feet of commercial development, and the City’s future civic center including a city hall, library and innova>on center, police sta>on, public park, civic plaza, and fire sta>on on approximately 158.6 acres of a former dairy and agricultural site known as the “Leal Property”. The terms of the DA contemplated an op>on agreement on approximately 16 acres of land at the corner of Limonite and Hamner Avenues, which will encompass the civic center and downtown commercial core of the project.
On August 26, 2022, TNHC closed escrow on Phase A of the 158-acre project, which includes up to 758 residen>al units to be constructed by TNHC. Phase A also includes the approximately 16-acre op>on downtown core parcels where the City’s future civic center will be located and up to 495,000 square feet of commercial space (
A3achment 3
). The civic center uses will be located on
approximately seven (7) acres while the commercial component will encompass approximately nine (9) acres (the “Commercial Core”).
On September 4, 2024, TNHC closed escrow on Phase B of the project, which includes up to 694 residen>al units to be constructed by TNHC and Quarterra. An en>tlement applica>on for Phase B was submitted on August 20, 2024, which is currently under review.
Analysis
Development Agreement Amendment
The City and TNHC were unable to agree on final terms of the Op>on Agreement contemplated by the DA for the transfer of Lots 3, 5 and J. The City and TNHC are nego>a>ng modifica>ons to the DA that address the consequences of the failure to enter into the Op>on. For the sake of expediency so that the City can move forward with the construc>on of the civic center, the par>es agreed to move forward with a DA amendment addressing Lots 5 and J for the civic center, and a future amendment to the DA will address the Commercial Core (Lot 3).
This First Amendment removes the minimum amount of commercial space that must be constructed within the Mixed Use Areas of the project and allows the City to proceed with development and construc>on of the civic center envisioned for Lots 5 and J by requiring TNHC to convey Lots 5 and J to the City within 10 days of the date that the adop>on ordinance is effec>ve.
Section 3.3.4 of the DA provides that:
a
.
the Mixed Use Area Plan for the Mixed Use Areas shall show either land area accommoda>on for or actual non-residential square footage equal to a FAR of 0.10 of the applicable lot, and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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b
.
if a Mixed Use Area Plan shows accommodation for or actual non-residential square footage in excess of 0.10 FAR, then such excess may be credited to and applied against the FAR requirement for other Mixed Use Areas in the form of a reduction in the FAR requirement.
Since the approval of the DA, the City has undertaken further market analysis that supports elimina>ng this requirement for the Mixed Use Areas to provide more flexibility for the development of the Mixed Use Areas, including the flexibility to facilitate the construc>on and opera>on of a new, highly desirable specialty retailer within the Mixed Use Areas that has expressed interest in loca>ng in the City on approximately 2.13 acres of land located at the northwest corner of Limonite Avenue and Bootsma Boulevard known as Lot 63 of Tract Map No. 38594 (“Lot 63”) (
A3achment 4
). Elimina>ng this requirement would also promote the success of the future commercial uses within the Commercial Core by concentra>ng the market support into a singular commercial project. The City has determined that:
a
.
Mixed Use Areas are deemed “mixed-use” because non-residen>al uses are permiLed in the Mixed Use Areas,
b
.
Accommoda>ng the poten>al for a specialty retailer on Lot 63 sa>sfies all non-residen>al development that may be required or envisioned within the Mixed Use Areas, c
.
With the excep>on of Lot 63, the Mixed Use Areas may be developed solely as residen>al developments, and commercial or mixed-use development shall not be required within the remaining por>ons of Leal Master Plan planning area 2 (Lot 2 of Tenta>ve Tract Map No. 38290 and Lot 62) or within Leal Master Plan planning areas 4 and 10 (Lots 4 and 10 of Tentative Tract Map No. 38290), and
d
.
The exis>ng cap on residen>al development would be maintained and there would not be an increase in the number of housing units currently allowed.
The First Amendment also clarifies the >melines for Developer’s conveyance of Lots 5 and J to the City, requiring the Developer to convey Lots 5 and J within 10 (ten) days of the date that the adoption ordinance becomes effective.
As part of the First Amendment, TNHC agrees to nego>ate in good faith with a primary specialty retailer to enter into a purchase and sale agreement to sell Lot 63 to the retailer for the purpose of construc>ng and opera>ng a new specialty retail store within the City. The First Amendment also grants the City an exclusive right to nego>ate (“ERN”) to enter into a purchase and sale agreement for the purchase of Lot 63 in the event that the primary specialty retailer retracts from the sale of Lot 63.
Consistency with the General Plan and Leal Master Plan
Sec>on 120.09.060 (Procedure) of the Eastvale Municipal Code requires the Planning Commission and City Council to review and determine whether the proposed development agreement amendment is consistent with the City’s General Plan and any other applicable specific plan.
The City Council adopted the Eastvale 2040 General Plan update (“Eastvale 2040”) on March 27, 2024. Eastvale 2040 designates the Leal property as “Downtown West Policy Area”, which is envisioned as the center piece of Eastvale’s future downtown. The property is intended to provide for a range of housing, retail, restaurants, hospitality, entertainment, and civic uses in a walkable urban environment. Up to 2,500 units with a range of housing types up to 40 dwelling units per acre 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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is allowed. Non-residential uses can range from .25 to 1.5 Floor Area Ratio (FAR).
Goal LU-4.2 of Eastvale 2040 states:
Implement the master plan for the city-controlled land within the Downtown West Policy Area that includes civic uses, a variety of outdoor spaces, office, residential, and retail uses within a walkable outdoor environment.
The First Amendment to the Development Agreement supports Goal LU-4.2 as it will maintain the ability bring a highly desirable specialty retailer to the Mixed Use Areas of the Leal Master Plan while delivering land to the City to develop the future civic center. The First Amendment also maintains the exis>ng cap on residen>al development and the ability to develop the Mixed Uses Areas with a variety of outdoor spaces, office, residen>al, and retail uses within a walkable outdoor environment, therefore, it is consistent with Eastvale 2040.
The Leal Master Plan (“LMP”) applies a minimum FAR of 0.10 to Planning Areas 2, 4, and 10 of the Land Use Plan (
A3achment 5
), resul>ng in a minimum requirement of approximately 102,575 square feet in these Areas. However, the LMP gives the City discre>on to administra>vely reduce this minimum square footage requirement without the need for a Master Plan amendment if the City determines it would like addi>onal commercial square footage under the 595,000 square foot cap on Lot 3 or if specific building design and/or site use warrants less square footage. As such, the First Amendment is consistent with LMP.
Planning Commission Action
At its mee>ng of October 16, 2024, the Planning Commission found the First Amendment to Development Agreement No. 003 by and between the City of Eastvale and The New Home Company consistent with the Eastvale General Plan 2040 and the Leal Master Plan, and recommended City Council approval of the First Amendment to Development Agreement No. 003. AOer much discussion, the Planning Commission recommended approval of the First Amendment but expressed concerns with the loss of commercial development that could ul>mately be developed at the Leal property. The Commission also raised concerns with the unintended consequences that new housing will have on local schools, particularly overcrowding at Eleanor Roosevelt High School.
Environmental
The original cer>fied Programma>c Environmental Impact Report (PEIR) for the Leal Master Plan concluded that impacts from the original project would result in significant unavoidable impacts in Transporta>on / Traffic, Air Quality and Noise. The City Council determined that the benefits of the project outweighed the significant unavoidable impacts and adopted a Statement of Overriding Considera>ons. An Addendum to the Cer>fied PEIR for the Leal Master Plan (State Clearinghouse No. 2015031028) for up to 2,500 residen>al units and 595,000 square feet of commercial space including a hotel, a civic center (City Hall, Library, Police Sta>on) and Fire Sta>on, (the “Project”) was approved on May 11, 2022, by the City Council in conjunc>on with the amendment to the Leal Master Plan.
The purpose of the Addendum was to analyze any poten>al differences between impacts iden>fied in the cer>fied Final PEIR and poten>al impacts that may be associated with the proposed Project.
Sec>ons 21166 and 15162 of the California Environmental Quality Act (CEQA) iden>fy the condi>ons for prepara>on of an addi>onal environmental document when the Lead Agency has previously 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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cer>fied an EIR. The Addendum to the PEIR consists of an environmental analysis and eleven technical studies: Air Quality/GHG/Energy Impact Study; Biological Assessment; Cultural and Paleontological Resources Assessment; Preliminary Geotechnical Evalua>on; Environmental Site Assessment (Phase I and Limited Phase II); Preliminary Hydrology Analysis; Preliminary Water Quality Management Plan; Noise Impact Study; Traffic Study; Sewer System Development Analysis; and a Water Supply Assessment.
Pursuant to Sec>on 15162 of the CEQA Guidelines, it is the independent judgement of the Lead Agency that the First Amendment will not result in any new or more significant impacts to the environment other than those which have already been assessed under the Addendum to the Certified PEIR for the Leal Master Plan and no further environmental review is required.
Strategic Plan Action - Priority Level: 1
| Target #: E
| Goal #: A
1. Develop and Construct Civic Center
2. Create “Destination Eastvale” with high quality and unique businesses
3. Attract and retain businesses
Fiscal Impact
The First Amendment eliminates TNHC’s obliga>on to construct a minimum amount of nonresiden>al uses on Lots 2/4/10 of Tenta>ve Tract Map 38290, originally planned for approximately 103,000 square feet. In exchange, TNHC has created a 2.13-acre parcel on Lot 2 that will accommodate a specialty retailer of approximately 15,000-25,000 square feet. Market studies performed by the City determined that the Project could not support the amount of commercial space designated in the approved Leal Master Plan. Kosmont Companies (April 29, 2022) es>mated the original project would produce a net fiscal impact at build out to the General fund of $1,213,700.
Assuming a net reduc>on of 80,000 square feet of commercial space using average factors applied in the Kosmont report, the poten>al revenue loss to the General Fund is es>mated at $200,000 per year. It is important to note that this poten>al revenue loss is considered "worst case" and a true revenue loss would likely not occur given that current market condi>ons would not support the development of 103,000 square feet of commercial space on Lots2, 4, and 10.
Prior City Council/Commission Action
On December 13, 2017, the City Council approved the Leal Master Plan and associated Environmental Impact Report.
On May 11, 2022, the City Council approved an amendment to the Leal Master Plan and entered into a Development Agreement with The New Home Company to facilitate the development of the Leal Master Plan, including the opportunity to nego>ate an op>on for the City to acquire and develop the 16-acre civic center and commercial core area.
On October 16, 2024, the Planning Commission found the First Amendment to Development Agreement No. 003 by and between the City of Eastvale and The New Home Company consistent with the Eastvale General Plan 2040 and the Leal Master Plan, and recommended City Council approval of the First Amendment to Development Agreement No. 003.
Attachment(s) 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Attachment 1 - Ordinance Adopting First Amendment to DA
Attachment 2 - Exhibit A to Ordinance - First Amendment to DA
Attachment 3 - LMP Phase A
Attachment 4 - Tract Map No. 38594
Attachment 5 - LMP Land Use Plan
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4861-0099-1988 v1
ORDINANCE NO. 24-__
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 003 ADOPTED BY ORDINANCE NO. 22-05 BY AND BETWEEN THE CITY OF EASTVALE AND THE NEW HOME COMPANY, RELATED TO THE 158.6-
ACRE SITE LOCATED AT THE NORTHWEST CORNER OF HAMNER AND LIMONITE
AVENUES COMMONLY KNOWN AS THE LEAL PROPERTY
THE CITY COUNCIL OF THE CITY OF EASTVALE ORDAINS AS FOLLOWS:
SECTION 1: ENVIRONMENTAL FINDINGS
The City Council of the City of Eastvale, in light of the whole record before it, including, but not limited to, the City’s local CEQA Guidelines and thresholds of significance, the Leal Master Plan Program Environmental Impact Report (PEIR), the Addendum to the PEIR approved May 11, 2022, and other documents incorporated therein by reference, any written comments received and responses provided, and other substantial evidence, within the meaning of Public Resources Code Sections 21080(e) and 21082.2, within the record and/or provided at the public hearing, hereby finds, determines, and certifies that the First Amendment to Development Agreement No. 003 proposes no substantial changes to the project, there are no substantial changes to the circumstances under which the project is undertaken, and there is no new information of substantial importance related to the project’s environmental impacts, mitigation measures or alternatives that trigger the need for a subsequent EIR to be prepared for the project pursuant to CEQA Guideline 15162.
Evidence. The First Amendment to Development Agreement No. 003 modifies the timing and manner of the conveyance of Lots 5 and J to the City but makes no changes with respect to the proposed physical development of those lots. The First Amendment to Development Agreement No. 003 also relieves the developer of the minimum non-residential or commercial square footage requirement within the Mixed Use Areas to provide more flexibility, but does not alter the maximum development capacity for the project site or change the permitted uses and development type within the Mixed Use Area from what was analyzed by the PEIR and the Addendum to the PEIR approved on May 11, 2022.
SECTION 2. DEVELOPMENT AGREEMENT AMENDMENT FINDINGS
Finding 1. The development agreement is consistent with the General Plan and any applicable Specific Plan.
Evidence. The First Amendment to Development Agreement No. 003 facilitates development contemplated in the Leal Master Plan Amendment and the General Plan goal to develop the Leal property as a civic center and mixed-use commercial development. As such, the First Amendment to Development Agreement No. 003 is consistent with the General Plan. 582
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Finding 2. For development agreements including a subdivision, the agreement provides that any map prepared for the subdivision will comply with Section 66473.7.
Evidence. Section 2.9 of Development Agreement No. 003 provides that any final map shall comply with Government Code Section 66473.7.
SECTION 3. APPROVAL OF FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 003 The First Amendment to Development Agreement No. 003 is approved as shown in Exhibit A attached hereto and incorporated herein by reference.
SECTION 4. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption by the City Council.
SECTION 6. CITY CLERK ACTION
The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).
PASSED, APPROVED AND ADOPTED this 11th day of December, 2024. __________________________________
Mayor
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APPROVED AS TO FORM: ATTEST:
________________________________ __________________________________ Erica Vega Marc Donohue
City Attorney City Clerk
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24-__, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 11th day of December, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
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EXHIBIT A
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4885 -9671 -3442 v1
7444 -127654 \1687567.7
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Eastvale
12363 Limonite Ave. Suite 910
Eastvale, CA 91752
Attn: City Clerk
Space Above Line for Recorder’s Use Only
Exempt from Recording Fees per Gov’t Code § 6103, 27383
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT NO. 003
By and Between
CITY OF EASTVALE
and
THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC ET AL
______________, 2024
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FIRST AMENDMENT TO DEVELOPMENT AGREEMENT NO. 003
This First Amendment to Development Agreement No. 003 (“First Amendment”), dated __________, 2024, is entered into by and between the CITY OF EASTVALE, a California municipal corporation (“ City”), THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company (“ Developer”), ARROYO CAP III-2, LLC, a Delaware limited liability company (“Arroyo Cap III”), ARROYO CAP IV-2, LLC, a Delaware limited liability company ( “Arroyo Cap IV,” and together with Arroyo Cap III, “Arroyo”) and QMC Eastvale Holdings I, LLC, a Delaware limited liability company (“Quarterra”). The City, Developer, Arroyo and Quarterra are sometimes referred to individually as a “ Party” and collectively as the “Parties ” throughout this Agreement.
RECITALS
A. The City and Developer entered into Development Agreement No. 003, dated May 11, 2022 and recorded with the Official Records of Riverside County as Document No. 2022-0334458 (“Agreement”) for the development of certain real property generally located at the northwest corner of Hamner and Limonite Avenues. The Agreement permits development, pursuant to the Leal Master Plan, o f the Project. All capitalized terms used and not otherwise defined in this First Amendment shall have the same meaning as in the Agreement unless this First Amendment expressly modifies the meaning of the term.
B. Subsequent to the approval of the Agreement, Arroyo, a Land Banking Entity, acquired portions of the Property from Property Owner (known as phases 1 and 2), Developer acquired portions of the Property from Arroyo (portions of phases 1 and 2) and Quarterra acquired Lot 62 of Tract Map No. 38594 (“ Lot 62”) (portion of phase 1) from Developer.
Property Owner, Developer, Arroyo and Quarterra each hold legal or equitable interests in portions of the Property. The final map for Tract No. 38594 was approved and recorded in the Official Records of the County of Riverside in book 494, pages 87 through 115 of Maps (“ Tract Map No. 38594”).
C. Developer and Arroyo Cap III entered into a Partial Assignment and Assumption of Development Agreement No. 003 dated August 26, 2022 and recorded as Document No. 2022-0374728 (regarding phase 1 and with Developer as “assignor” and Arroyo Cap III as “assignee”), a Partial Assignment and Assumption of Development Agreement No. 003 dated March 29, 2024 and recorded as Document No. 2024-0092855 (regarding portions of phase 1 and with Arroyo Cap III as “assignor” and Developer as “assignee”), a Partial Assignment and Assumption of Development Agreement No. 003 dated August 16, 2024 and recorded as Document No. 2024-0247911 (regarding Lot 62 within phase 1 and with Arroyo Cap III as “assignor” and Developer as “assignee”) and a Partial Assignment and Assumption of Development Agreement No. 003 dated September 24, 2024 and recorded as Document No. 2024-0288662 (regarding portions of phase 1 and with Arroyo Cap III as “assignor” and Developer as “assignee”) . Developer and Quarterra entered into a Partial Assignment and Assumption of Development Agreement No. 003 dated September 9 , 2024 and recorded as Document No. 2024-0272950 (regarding Lot 62 within phase 1 and with Developer as “assignor” and Quarterra as “assignee”) . Developer and Arroyo Cap IV entered into a Partial Assignment and Assumption of Development Agreement No. 003 dated September 4, 2024 and 588
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recorded as Document No. 2024-0267352 (regarding portions of phase 2 and with Developer as “assignor” and Arroyo Cap IV as “assignee”).
D. Property Owner owns the portion of the Property legally described on Exhibit A-1 attached hereto (known as phase 3) and has provided notarized written consent to the terms of this First Amendment and t he recordation hereof, attached hereto as Exhibit A.
E. Agreement Section 3.3.4 provides that (a) the Mixed Use Area Plan for the Mixed Use Areas shall show either land area accommodation for or actual non-residential s quare footage equal to a FAR of 0.10 of the applicable lot, and (b) if a Mixed Use Area Plan shows accommodation for or actual non-residential square footage in excess of 0.10 FAR, then such excess may be credited to and applied against the FAR requirement for other Mixed Use Areas in the form of a reduction in the FAR requirement. Since the approval of the Agreement, further market analysis has been done that supports eliminating this requirement for the Mixed Use Areas to provide more flexibility for the development of the Mixed Use Areas, including the flexibility to facilitate the construction and operation of a new, highly desirable specialty retailer within the Mixed Use Areas that has expressed interest in locating in the City on approximately
2.13 acres of land located at the northwest corner of Limonite Avenue and Bootsma Boulevard known as Lot 63 of Tract Map No. 38594 (“Lot 63”). Eliminating this requirement may a lso promote the success of the future commercial uses w ithin the Commercial Core. City has determined that (a) Mixed Use Areas are deemed “mixed-use” because non-residential us es are permitted in the Mixed Use Areas and (b) with the exception of Lot 63, the Mixed Use Areas may be developed solely as residential developments, and commercial or mixed-use development may be allowed but shall not be required within the remaining portions of Leal Master Plan planning area 2 (Lot 2 of Tentative Tract Map No. 38290 and Lot 62) or within Leal Master Plan planning areas 4 and 10 (Lots 4 and 10 of Tentative Tract Map No. 38290).
F. The parties were unable to agree on final terms of the Option and decided to not approve or enter into the Option. Additionally, while Developer and City disagree on whether Agreement Section 3.4 condition (a) was satisfied, Developer has agreed to convey Lot 5 (also known as Lot 65 of Tract Map No. 38594) and Lot J (also known as Lot S of Tract Map No. 38594) to the City, subject to the Declaration of Special Land Use Restrictions (“SLUR Declaration”) attached hereto as Exhibit “B” and incorporated herein by reference, in order for the City to proceed with development and construction of the City’s city hall, library, police station, public space, public park, open space and/or other community serving, civic or public uses envisioned for Lot 5 and Lot J. This First Amendment c larifies the timelines for Developer’s conveyance of Lots 5 and J to the City.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants and agreements hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto do hereby covenant and agree as follows:
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1. Mixed Use Areas.
1.1 There shall be no minimum non-residential or commercial square footage requirement applicable to the Mixed Use Areas (Leal Master Plan planning area 2 (Lot 2 of Tentative Tract Map No. 38290, also known as Lot 62 and Lot 63) and Leal Master Plan planning areas 4 and 10 (Lots 4 and 10 of Tentative Tract Map No. 38290)), nor a requirement to show land area accommodation for non- residential or commercial square footage within such areas. Neither non-residential nor commercial uses are required to be constructed within the Mixed Use Areas (Leal Master Plan planning area 2 (Lot 2 of Tentative Tract Map No. 38290, Lot 62 and Lot 63) and Leal Master Plan planning areas 4 and 10 (Lots 4 and 10 of Tentative Tract Map No. 38290)), which may be developed solely as residential developments, except for Lot 63 which, if developed, shall contain only commercial uses.
1.2 Section 3.8 is added to the Agreement to read as follows:
“3.8 Specialty Retailer. Prior to the approval of the First Amendment to the Agreement, a specialty retailer (“ Primary Specialty Retailer”) expressed interest in acquiring Lot 63 of Tract Map No. 38594 consisting of approximately 2.13 acres within Leal Master Plan planning area 2 located at the northwest corner of Limonite Avenue and Bootsma Boulevard (“Specialty Retail Location ”). Developer agrees to negotiate in good faith with Primary Specialty Retailer to enter into a purchase and sale agreement, which purchase and sale agreement shall be in a form and on terms determined by Developer in its sole discretion, to sell Lot 63 to Primary Specialty Retailer for the purpose of constructing and operating a new specialty retail store within the City. If Developer and Primary Specialty Retailer are unable to reach agreement on the terms of conveyance, then Developer shall provide written notice to the City that it has satisfied its obligations under this Section 3.8 and detailing the efforts made and reasons why negotiations did not result in a successful sale of Lot 63 to the Primary Specialty Retailer, whereupon Developer agrees to provide the City with an exclusive right to negotiate (“ERN”) to enter into a purchase and sale agreement, which purchase and sale agreement shall be in a form and on terms determined by both parties in t heir respective sole discretion, for the purchase of Lot 63. The ERN shall expire if the parties have not fully negotiated and executed a definitive purchase and sale agreement within a period of 60 days from the date of the written notice (“ ERN Period”). Developer and City shall negotiate in good faith during the ERN Period. If the City and Developer do not enter into a purchase and sale agreement by the conclusion of the ERN Period, then the ERN shall automatically expire, Developer’s obligations under this Section 3.8 shall be deemed satisfied, and then Developer may sell Lot 63 to a third party proposing to develop Lot 63 with a permitted or conditionally permitted use under the Leal Master Plan.”
2. Civic Center Land Dedications or Conveyances.
2.1 Developer shall (i) grant, dedicate or otherwise convey Lot 5 (also known as Lot 65 of Tract Map No. 38594) to City in fee simple subject to the SLUR Declaration and (ii) grant, dedicate or otherwise convey Lot J (also known as Lot S of Tract Map No. 38594) to City in fee simple subject to the SLUR Declaration within ten (10) days of the date the ordinance 590
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adopting the First Amendment becomes effective. City shall promptly and unconditionally accept Developer’s grant, dedication or conveyance of Lot J (also known as Lot S of Tract Map No. 38594) and Lot 5 (also known as Lot 65 of Tract Map No. 38594) and cooperate with Developer in such grant, dedication or conveyance, including but not limited to by executing, acknowledging and recording the SLUR Declaration with a City executed certificate of acceptance attached to the conveyance document. City determined that title to Lot J and Lot 5 is not subject to monetary liens or easements that materially and adversely impact or prohibit City’s ability to use the land for public purposes, and Developer shall not cause or permit a further encumbrance of Lot J (also known as Lot S of Tract Map No. 38594) or Lot 5 (also known as Lot 65 of Tract Map No. 38594) that materially and adversely impacts or prohibits City’s ability to use the land for public purposes or shall cause any such new encumbrance to be removed.
Developer shall cause to be provided to City a standard coverage owner’s policy of title insurance (2006) in an amount equal to the value of the land dedicated. Upon Developer’s grant, dedication or other conveyance of Lot J (also known as Lot S of Tract Map No. 38594) and Lot 5 (also known as Lot 65 of Tract Map No. 38594) to the City , Developer shall receive credit from the City on an acre per acre basis applied against and credited towards the Project’s park and recreation dedication requirements in accordance with Section 4.1.6.1.
3. Notices. Notices to Developer in accordance with DA Sections 3.3.1 and 10.9 shall also be sent to Michael Battaglia ( [email protected] ).
4. Interpretation. This First Amendment shall be interpreted to give each of the provisions their plain and fair meaning. The Recitals set forth above are incorporated into this First Amendment. The section headings used herein are solely for convenience and shall not be used to interpret this First Amendment. The Parties acknowledge that this First Amendment is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since all have participated in the negotiation and drafting of this First Amendment, this First Amendment shall not be construed as if prepared by one of the Parties, but rather according to its plain and fair meaning as a whole, as if all Parties had prepared it.
5. Integration. This First Amendment contains the entire agreement between the Parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the Parties.
6. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment, the Agreement, the Existing Development Approvals or the Existing Land Use Regulations, the provisions of this First Amendment shall control.
7. Severability. If any term, provision, condition or covenant of this First Amendment or its application to any Party or circumstances shall be held by a court of competent jurisdiction, to any extent, invalid or unenforceable, the remainder of this First Amendment, or the application of the term, provision, condition, or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law unless the rights and obligations of the Parties have been materially altered or abridged thereby. 591
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8. Status of Agreement. Except as modified by this First Amendment, the terms and provisions of the Agreement shall remain in full force and effect.
9. Counterparts. This First Amendment may be signed in counterparts by the Parties hereto , each of which shall constitute an original and which collectively shall constitute one instrument .
10. Authority. Each of the persons signing this First Amendment hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of the Party for which he or she is signing.
[Signatures on the following page]
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QUARTERRA:
QMC EASTVALE HOLDINGS I, LLC, a
Delaware limited liability company
By: Quarterra MF Holdings, LLC,
a Delaware limited liability company, its
Sole Member
By: Quarterra Multifamily Communities, LLC ,
a Delaware limited liability company, its
Sole Member
By: ____________________________
Name: ____________________________
Title: ____________________________
CITY OF EASTVALE:
______________________________________
Mark Orme, City Manager
ATTEST:
______________________________
Marc Donohue, City Clerk
APPROVED AS TO FORM:
_______________________________
Erica Vega, City Attorney
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EXHIBIT A
PROPERTY OWNER CONSENT
James Borba and Mark Korte, Co-Trustees of the Bradley William Leal Family Trust dated September 18, 2015 (the "BWL Trust"), and John Craig Leal, Trustee of the John Craig Leal Revocable Trust dated December 15, 2016 (the " JCL Trust"), each as to an undivided fifty percent (50%) interest as tenants in common, being the owners of the real property described in Exhibit A-1 to this First Amendment to Development Agreement No. 003 (the “First Amendment”), do hereby consent to and expressly authorize the rec ordation of the First Amendment in the Official Records of the County of Riverside.
James Borba and Mark Korte, Co- Trustees of the Bradley William Leal Family Trust dated September 18, 2015
By: _________________________
James Borba, Co-Trustee
By: _________________________
Mark Korte, Co-Trustee
John Craig Leal, Trustee of the John Craig Leal Revocable Trust dated December 15, 2016
By: _________________________
John Craig Leal, Trustee
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EXHIBIT A-1
PROPERTY OWNER CONSENT LEGAL DESCRIPTION (PHASE 3)
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EXHIBIT B
FORM OF SLUR DECLARATION
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RECORDING REQUESTED BY
_________________ Title Company
AND WHEN RECORDED MAIL TO:
JACKSON | TIDUS
2030 Main Street, Suite 1500
Irvine, California 92614
Attn: Sarah Kleinberg, Esq.
(7444-127654)
APN: _______________ SPACE ABOVE THIS LINE FOR RECORDER’S USE
DECLARATION OF SPECIAL LAND USE RESTRICTIONS
[Lots 65 and “S” of Tract No. 38594]
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TABLE OF CONTENTS
ARTICLE I. GENERAL PROVISIONS; DEFINITIONS ............................................................. 2
1.1 Acknowledgement of General Purposes ................................................................. 2 (a) Project ......................................................................................................... 2 (b) Allocation of Entitlements by Declarant..................................................... 2 (c) Purpose ........................................................................................................ 2
1.2 Definitions and Capitalized Terms ......................................................................... 3 ARTICLE II. GENERAL AND SPECIFIC USE RESTRICTIONS .............................................. 6
2.1 Use Restrictions ...................................................................................................... 6 (a) Unapproved Development or Use ............................................................... 6 (b) Environmental Covenants ........................................................................... 6 (c) No Changes to Subdivision or Development Conditions ........................... 7 (d) Development Conditions; MMRP and Conditions of Approval................. 7 (e) Construction Easement ............................................................................... 8 (f) Site Maintenance and Repair ...................................................................... 8 (g) Security Requirements; Prevention and Repair of Damage ....................... 9 (h) Construction Vehicles and Haul Route Restriction .................................. 10
2.2 Grantee Improvements Requirements................................................................... 11 (a) Development ............................................................................................. 11 (b) Governmental Approvals .......................................................................... 11 (c) Off-Street Parking ..................................................................................... 12 (d) Development Impact Fees......................................................................... 12 (e) Construction Requirements ....................................................................... 12 (f) Site Maintenance Prior to Improvements ................................................. 13 (g) Utilities ...................................................................................................... 13 (h) SWPPP ...................................................................................................... 13 ARTICLE III. ENFORCEMENT OF RESTRICTIONS .............................................................. 14
3.1 General Purpose and Constructive Notice ............................................................ 14
3.2 Default and General Remedies ............................................................................. 14 (a) Equity ........................................................................................................ 15 (b) Damages .................................................................................................... 15 (c) Declaratory Relief ..................................................................................... 15 (d) Abatement ................................................................................................. 15 ARTICLE IV. INDEMNITY OBLIGATIONS ............................................................................ 15
4.1 Comprehensive Indemnity of Declarant ............................................................... 15
4.2 Release and Waiver............................................................................................... 16
4.3 Limitation .............................................................................................................. 16
4.4 Survival of Covenants ........................................................................................... 16 599
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ii
4.5 Development Agreement ...................................................................................... 17 ARTICLE V. MISCELLANEOUS PROVISIONS ...................................................................... 17
5.1 Waiver ................................................................................................................... 17
5.2 Advances by Declarant ......................................................................................... 17
5.3 Legal Costs............................................................................................................ 17
5.4 Rights of Lenders .................................................................................................. 18
5.5 Assignment by Declarant ...................................................................................... 18
5.6 Termination or Amendment .................................................................................. 18
5.7 Captions ................................................................................................................ 18
5.8 Invalidity of Provision .......................................................................................... 18
5.9 Notices .................................................................................................................. 18
5.10 Application to Declarant ....................................................................................... 19
5.11 Time of Essence .................................................................................................... 19
5.12 Other Restrictions ................................................................................................. 19
5.13 Covenants Run with the Land ............................................................................... 20
5.14 Counterparts .......................................................................................................... 20
5.15 Incorporation of Exhibits ...................................................................................... 20
5.16 Dispute Resolution; Arbitration ............................................................................ 20 (a) Informal Resolution .................................................................................. 20 (b) Formal Resolution. .................................................................................... 20
5.17 Further Assurances................................................................................................ 22
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TABLE OF EXHIBITS AND SCHEDULES
EXHIBITS
EXHIBIT A - Legal Description of the Subject Parcel
EXHIBIT B - Legal Description of the Benefited Property EXHIBIT C - Requirements and Restrictions for Developer Improvements EXHIBIT D - Civic Center Site Plan
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DECLARATION OF SPECIAL LAND USE RESTRICTIONS
[Lots 65 and “S” of Tract No. 38594]
THIS DECLARATION OF SPECIAL LAND USE RESTRICTIONS (this “SLUR Declaration”) is made as of ____________, 20___, by and between THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company (“Declarant”), and CITY OF EASTVALE, a California municipal corporation (in its capacity as grantee of the Subject Parcel, “Grantee”), with reference to the following facts:
RECITALS
A. Concurrently herewith and immediately prior hereto, Declarant conveyed to Grantee that certain real property situated in the City of Eastvale, Riverside County, California, more particularly described i n Exhibit A attached hereto and by this reference incorporated herein (collectively, the “Subject Parcel”).
B. The Subject Parcel comprises a portion of the land (the “Project Site”) that is being developed as a master planned community (the “Project”) as more fully described in that certain Development Agreement No. 003 by and between the City of Eastvale (in its capacity as the municipal authority, the “ City”) and The New Home Company Southern California LLC, a Delaware limited liability company dated as of May 11, 2022 (the “Development Agreement ”). Pursuant to that certain First Amendment to Development Agreement No. 003 dated November ___, 2024 (the “DA First Amendment”) Declarant agreed to dedicate or otherwise convey the Subject Parcel to Grantee instead of entering into the purchase option transaction described in Sections 3.2, 3.4 and 4.1.6 of the Development Agreement.
C. Declarant and certain of its affiliates are the master developers of the Project. As a condition to conveyance of the Subject Parcel , Declarant and Grantee are executing and entering into this SLUR Declaration for the benefit of Declarant and the Declarant Parties, and for the benefit and protection of those portions of the Project owned by the Declarant Parties more particularly described in Exhibit B attached hereto and by this reference incorporated herein (the “Benefited Property”).
D. Grantee has agreed that any development of the Subject Parcel shall proceed only in accordance with the covenants, conditions, rights, restrictions and limitations described herein (the “ Restrictions”), and Declarant is conveying the Subject Parcel to Grantee on the basis of Grantee’s agreement with respect to the development of the Subject Parcel and the construction and use of the Grantee Improvements thereon.
E. But for such covenants and representations by Grantee under this SLUR Declaration, Declarant would not have agreed to convey the Subject Parcel to Grantee. Instead, Declarant either would have retained ownership and developed the Subject Parcel itself or would have conveyed the Subject Parcel to another party for development in accordance with Declarant’s long-range master planning program for the Project. 602
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F. Grantee has agreed that development of the Subject Parcel and use of the Grantee Improvements thereon shall be limited to (i) civic center improvements including, without limitation, a city hall, library, police station, fire station, a community center, or community arts or recreation facilities or comparable community serving, civic, or public uses, or (ii) public park facilities (collectively, “Public Uses”).
NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by Grantee, the parties hereto agree as follows:
ARTICLE I.
GENERAL PROVISIONS; DEFINITIONS
1.1 Acknowledgement of General Purposes.
(a) Project. Grantee acknowledges that Declarant and the Declarant Parties are, collectively, the master developers of the Project in the City , and are owners of portions thereof, including the Benefited Property. Among the distinguishing characteristics of the Project are the clear delineation of use areas throughout, together with the exercise of architectural and design controls over individual construction projects, so as to (a) ensure harmonious growth and development within the Project , (b) implement Declarant ’s and the Declarant Parties’ intentions and visions for the Project , and (c) maximize the value of Declarant’s and the Declarant Parties’ remaining landholdings and development rights .
Declarant determined to convey the Subject Parcel and transfer of the Property to Grantee (including, without limitation, the right to develop, occupy and use the Subject Parcel) subject to the covenants, duties, restrictions and limitations set forth in this SLUR Declaration. (b) A
llocation of Entitlements by Declarant . Grantee further acknowledges that it is vitally important to Declarant and the Declarant Parties that the density of development and uses of improvements be limited on those parcels of property (including the Subject Parcel) that Declarant and each Declarant Party from time to time may elect to convey to third parties.
Should the development limitations imposed by Declarant and the Declarant Parties be exceeded by any owner of real property within the Project , (i) Declarant’s and the Declarant Parties’ entitlements and rights to develop the balance of the Project could be adversely impacted in a material respect , (ii) roadways, utilities and other infrastructure improvements servicing the Project and its environs could be over-utilized (leading to undesirable traffic congestion and land use imbalances within the Project ), (iii) existing entitlements already transferred to third parties could be adversely affected, and (iv) the Development Conditions and other requirements of Governmental Authorities on which development of the Project is conditioned could be violated. (c) P
urpose . It is to promote these purposes and avoid the adverse impacts that this SLUR Declaration is made, and it is the intention of the parties that it will be in furtherance of said purposes that the Restrictions and all other declarations supplemental hereto will be understood and construed.
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1.2 Definitions and Capitalized Terms. Unless otherwise defined below or elsewhere in this SLUR Declaration, initially capitalized terms used herein shall have the meanings ascribed thereto in the Development Agreement and the DA First Amendment:
“Applicable Law” means any federal, state or local statute, rule, regulation, requirement, initiative, ordinance, action or policy, and common law applicable to the Subject Parcel, the Project or the Grantee (and each or any of its successors or assigns). “Benefited Property” shall have the meaning ascribed to that term in Recital D. “Business Day” shall mean any day other than a Saturday, Sunday, a F ederal holiday, or a California State holiday.
“City” means the City of Eastvale, California, and each and all of its officials, departments, commissions and agencies.
“Declarant” shall mean THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC, a Delaware limited liability company , and all successors, assigns or designees who shall assume from Declarant the obligations, and to whom Declarant shall specifically assign in writing Declarant’ s rights under these Restrictions, including, without limitation, the right to enforce these Restrictions.
“Declarant Parties” shall mean Declarant and each of its affiliates, members, shareholders, partners, officers, directors, employees, agents and representatives. “Development Agreement” means and refers to the Development Agreement described in Recital C, as the same may be amended, modified or supplemented by the City and Declarant from time to time.
“Development Conditions” means and refers to all those certain documents and instruments governing and regulating development of the Project (including, without limitation, the Subject Parcel), including without limitation, the following: (a) the Development Agreement, as amended or supplemented (including by the DA First Amendment) ; (b) the Leal Master Plan Amendment No. 1, adopted by the Eastvale City Council on May 25, 2022, as the same may be amended from time to time (the “Master Plan Amendment”), (c) the Tentative Tract Map for Tract No. 38290, approved by the City Council on May 11, 2022 and Tentative Tract Map for Tract No. 38594, approved by the City on October 18, 2023 (collectively, the “Tentative Tract Maps”) (d) Major Development Review No. PLN22 -20020-DR 001, approved by the City Council on May 11, 2022 a nd Major Development Review No. PLN22 -20087 through -20092, approved by the City on October 18, 2023 (collectively, the “ Major Development Reviews ”), (e) the Conditions of Approval for the Master Plan Amendment, Tentative Tract Maps and Major Development Reviews (collectively, the “Conditions of Approval,” (f) the Environmental Impact Report (SCH# 2015031028) certified by the City Council on December 13, 2017, the Addendum to the EIR approved by the City Council on May 11, 2022 (collectively, the “EIR”) and the Mitigation Monitoring and Reporting Program (the “ MMRP”). Grantee acknowledges that the Development Conditions include provisions and measures that affect all phases of the development, including design, construction, and operation; therefore, Grantee’s compliance with the Development Conditions, as they may be amended or supplemented, will be required 604
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prior to, during and subsequent to construction of the Grantee Improvements on the Subject Parcel.
“Expiration Date” shall mean, to the extent it is made to expressly apply to a restriction contained herein, the period of time that commences on the date this SLUR Declaration is recorded (the “Recording Date ”) and expires on the date (the “Expiration Date ”) that is the earlier of (a) the tenth (10th) anniversary following the City’s issuance of a certificate of occupancy pursuant to which an aggregate of ninety percent (90%) of the total number of residential units allowed under the Development Conditions has been approved by the City for occupancy, (b) the fifth (5th) anniversary following expiration (or earlier termination) of the Development Agreement, or (c) December 31, 2045.
“Final Map” shall mean that certain map of Tract No. 38594 filed for record on March 15, 2024, in Book 494, Pages 87 through 115, inclusive, of Maps in the Office of the County Recorder of the County of Riverside, State of California. “Governmental Approvals” shall have the meaning ascribed to that term in Section 2.2(b).
“Governmental Authorit y” shall mean any and each f ederal, state, regional, c ounty, city or local governmental or quasi -governmental body, agency, department, board, commission or bureau, or any entity or instrumentality thereof, having jurisdiction over the whole or any portion of the Subject Parcel, the Project or the subject matter of this SLUR Declaration. “Grantee” shall mean the Grantee identified in the Recitals and each and every successor, assign, owner, lessee, licensee or other occupant during its ownership or occupancy of the Subject Parcel or any portion thereof or interest therein, as the context may require. “Grantee Alternative Proposal ” shall have the meaning ascribed to that term in Section 2.2(b)(ii).
“Grantee Improvements” shall mean and refer to the Grantee Improvements intended to be constructed on the Subject Parcel by Grantee during the first ten (10) years following execution of this SLUR Declaration.
“Hazardous Substances” means any substance or material that is described as a toxic or hazardous substance, waste, material, pollutant, contaminant or infectious waste, or words of similar import, or any other words which are intended to define, list or classify substances by reason of deleterious properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity, or reproductive toxicity and includes, without limitation, asbestos and asbestos containing materials, petroleum (including crude oil or any fraction thereof, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof), petroleum products, polychlorinated biphenyls, urea formaldehyde, radon gas, radioactive matter, medical waste, otherwise regulated materials and chemicals which may cause cancer or reproductive toxicity, which is or becomes designated, classified or regulated as being “toxic ” “hazardous” or similarly designated, classified or regulated under any Hazardous Substa nces Laws pertaining to such substance or materials. The term “Hazardous Substance” shall include, without limitation, any substances defined as or listed as a “hazardous substance,” “hazardous 605
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material,” “toxic substance,” “petroleum,” “carcinogen,” “pollutant,” “contaminant,” “asbestos,” “asbestos materials” or “waste” in any of the Hazardous Substances Laws. “Hazardous Substances Laws ” means any federal, state or local laws, rules or regulations (whether now existing or hereafter enacted or promulgated) governing, regulating or setting restrictions concerning the manufacture, use, storage, handling, release, treatment or disposal of a Hazardous Substance, including, without limitation, the Federal Water Pollution Control Act (33 U.S.C. §§1251, et seq. ), Hazardous Materials Transportation Act (49 U.S.C. §§ 1801, et seq. ), Resource Conservation and Recovery Act (42 U.S.C. §§ 6901, et seq.), Safe Drinking Water Act (42 U.S.C. §§ 3000(f), et seq. ), Toxic Substances Control Act (15 U.S.C. §§ 2601, et seq. ), Clean Air Act (42 U.S.C. §§ 7401, et seq. ), Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §§ 9601, et seq. ), United States Department of Transportation Hazardous Materials Table (49 CFR 172.101), California Health & Safety Code (§§ 25100, et seq. , §§ 25300, et seq. , §§ 39000, et seq. ), the California Porter-Cologne Water Quality Control Act, California Water Code (§§ 13000, et seq.), California Labor Code (§ 6501.7 and § 9004), California Civil Code (§ 2929.5), all as heretofore and hereafter amended, or any judicial or administrative interpretation of such laws, rules or regulations.
“Official Records” shall mean the official records of the Office of the County Recorder of the County of Riverside, State of California.
“Person” shall mean a ny individual, corporation, limited liability company, limited partnership, general partnership, joint stock company, joint venture, association, company, trust, bank, trust company, land trust, business trust or other organization, whether or not a legal entity, and any Governmental Authority, and their respective successors and assigns. “Project” shall have the meaning ascribed to that term in Recital B. “Public Uses” shall have the meaning ascribed to that term in Recital F. For purposes of clarification, the fact that the Subject Parcel developed for Public Use will have Grantee Improvements that contain ancillary commercial or retail uses (e.g., a coffee shop or sundries store within the civic center), will not change the use designation of the Subject Parcel or the Grantee Improvements containing such ancillary uses as a “Public Use” for purposes of this SLUR Declaration.
“Recording Date” shall have the meaning ascribed to that term in Section 2.1. “Restrictions” shall have the meaning ascribed to that term in Recital D. “Specifically Prohibited Uses” shall have the meaning ascribed to that term in Exhibit C.
“Subject Parcel” shall have the meaning ascribed to that term in Recital A. “Unavoidable Delay” shall mean any acts of God, war, riots or civil disturbance, extreme inability to obtain labor or materials, pandemics, imposition or modification of governmental regulations or controls which could not have been reasonably anticipated by the 606
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performing party as of the date hereof, injunction, moratorium, prohibition or any other measure, rule, regulation, decree, order or restriction, issued by a Governmental Authority, that prevents Grantee from obtaining (i) building or other permits for the construction, use or occupancy of the Grantee Improvements, (ii) connection to, or the provision of, public utilities, or other similar matters or causes beyond the reasonable control of the party responsible for performing such work or other act.
ARTICLE II.
GENERAL AND SPECIFIC USE RESTRICTIONS
The covenants, restrictions and limitations contained in this Article II shall bind the Subject Parcel through the Expiration Date or until released by the Declarant (or such party to whom the Declarant’s rights hereunder have been assigned in accordance herewith) , unless otherwise specified herein.
2.1 Use Restrictions . The violation of any of the following shall, at Declarant’s option, constitute a default hereunder and a breach of the Restrictions, which shall entitle Declarant to exercise any of the rights and remedies herein described. (a) U
napproved Development or Use. Unless expressly approved by Declarant, which approval may be withheld by Declarant in its sole and absolute discretion and which restriction shall continue in perpetuity, Grantee shall not permit the following:
(i) The commencement of construction, maintenance, operation or use of any structure or improvements on the Subject Parcel not in compliance with all requirements of law or as contained in these Restrictions and in any other recorded covenants, conditions, rights, restrictions and limitations existing at the time this SLUR Declaration is recorded and covering the Subject Parcel, including without limitation all architectural approval requirements and use restrictions contained in such documents; or
(ii) More specifically, any use of the Subject Parcel that is either a “prohibited use,” or is not expressly included as a “permitted use” as set forth in Exhibit C to this SLUR Declaration or that otherwise violates these Restrictions. (b) E nvironmental Covenants. Grantee covenants that it will not cause or permit any Hazardous Substances (as defined below) to be stored, transported or otherwise held on, under or about the Subject Parcel , or by any of its tenants, occupants, licensees or invitees in any manner that violates Environmental Laws. Grantee and its tenants shall be permitted to use Hazardous Substances in compliance with Environmental Laws to the extent such Hazardous Substances are used in the ordinary course of operations for building maintenance and general janitorial use or in connection with the use of the Subject Parcel in accordance with the requirements of this SLUR Declaration. Grantee shall at all times observe and satisfy the requirements of and maintain the Subject Parcel in compliance with all federal, state or local laws, statutes, ordinances, consent decrees, orders, rules or regulations pertaining to the use of the applicable portion of the Subject Parcel and concerning occupational health, industrial hygiene, occupational or environmental conditions on, under or about the Subject Parcel , or the 607
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regulation or protection of the environment, including ambient air, soil, soil vapor, ground water, surface water, and/or land use. Should Grantee at any time default in or fail to perform or observe any of its obligations under this paragraph and such default materially impacts any other portion of the Project or could result in the imposition of owner/operator liability on Declarant or any or Declarant Parties , then (after the expiration of applicable notice and cure periods) Declarant shall have the right, but not the duty, in addition to the rights set forth below, to perform the same, and Grantee agrees to pay to Declarant or Declarant Parties, on demand, one hundred percent (100%) of all actual costs and expenses incurred by Declarant (or any Declarant Parties) in connection therewith, including without limitation reasonable attorneys’ fees, together with interest from the date of expenditure at the rate of interest equal to the lesser of ten percent (10%) per annum, or the maximum rate of interest permitted by law, until such amount is paid in full. Notwithstanding the foregoing, Declarant and Grantee agree that (a) the presence of Hazardous Substances in the soil, soil gas and groundwater on and beneath the Subject Parcel as of the Recording Date (and/or the remediation thereof, if necessary) is not considered to be stored, transported or otherwise held on the Subject Parcel as those terms are used in this provision, and (b) Grantee shall have no liability to Declarant for any Hazardous Substances existing on or under the Subject Parcel as of the Recording Date. (c) No Changes to Subdivision or Development Conditions. Grantee shall not process any change or amendment to the Final Map or any other recorded subdivision or parcel map covering the Subject Parcel or record any subdivision or parcel map relating to the Subject Parcel or any portion thereof or facilities thereon, pursuant to California Government Code Sections 66410 et seq., or any similar statute hereafter enacted, and any local ordinances adopted pursuant thereto, nor shall Grantee file any applications with any G overnmental Authority with respect to any of the foregoing matters, if such change or amendment is made to facilitate a use or development of the Subject Parcel in violation of or inconsistent with the Restrictions, the Development Conditions or other covenants in this SLUR Declaration. Notwithstanding the foregoing, Grantee may effectuate lot line adjustments if (i) such lot line adjustment is with respect to only the Subject Parcel (and not any other portion of the Project), (ii) is consistent with the Restrictions in this SLUR Declaration, and (iii) such lot line adjustment does not result in a change or amendment to, or materially adversely affect, the zoning, entitlements or development of the balance of the Project. Prior to commencing a process for any such lot line adjustment, Grantee shall submit such lot line adjustment to Declarant, and Declarant shall have thirty (30) days thereafter to determine whether such lot line adjustment satisfies the provisions of the immediately preceding sentence. Grantee agrees that it will not oppose , and shall reasonably cooperate with Declarant, in establishing or modifying any supplemental or existing Development Conditions as Declarant may negotiate with the City. (d) D
evelopment Conditions; MMRP and Conditions of Approval. Grantee shall comply with the Development Conditions for the length of time required by each of the agreements, documents or instruments constituting the Development Conditions. The Development Agreement, the Conditions of Approval and the MMRP include provisions and measures that affect all phases of the development and use, including design, construction, and operation; and further, compliance with the Development Conditions will continue to be required by Grantee prior to, during and subsequent to construction of the Grantee Improvements on the Subject Parcel. Grantee shall not seek to process any change or amendment to the Development Conditions, or any element thereof, covering the Subject Parcel or any other portion of the 608
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Project without the prior written consent of Declarant, which may be granted or withheld in Declarant’s sole and absolute discretion.
(e) Construction Easement. If Declarant notifies Grantee that it requires an easement, from time to time, over, under and/or across certain areas within the Subject Parcel (as such exist from time to time) , the exact location of which shall be subject to the approval of Grantee in its reasonable discretion, for construction, installation, use and maintenance of utilities to serve the Project (including, without limitation, gas, electric, water, telephone, storm drain, sewer, fiber optic cable, sprinklers, reclaimed water, traffic signal infrastructure, and data transport cabling as such may evolve over time), then Grantee shall, within ten (10) Business Days following the giving of written request therefor by Declarant in accordance with the notice provisions under Section 5.9 below, execute, cause to be notarized, and deliver to Declarant an instrument, in recordable form, granting to Declarant a non- exclusive easement in an area reasonably acceptable to Grantee and Declarant, which instrument shall be in a form reasonably acceptable to Grantee and Declarant, and to any public utility or Governmental Authority with relevant jurisdiction therefor. Any perpetual easement shall include, without limitation, that (A) the easement shall not unreasonably interfere with (I) ingress and egress to and from the Subject Parcel or the Grantee Improvements thereon, (II) the use of the Subject Parcel by Grantee, its tenants or easement holders, or (III) construction or use of the Grantee Improvements, (B) all utility improvements installed therein by Declarant shall be subterranean and shall be constructed at Declarant’s sole cost and expense in a good and workmanlike manner , (C) the grantee of such easement shall indemnify and defend Grantee from and against any loss incurred by or liability imposed on Grantee in connection with use of such easement, except to the extent such loss or liability results from Grantee’s negligence or misconduct, (D) the grantee thereof shall restore any damage resulting from its use of the easement area, (E) Declarant shall ensure that the Subject Parcel is not encumbered by liens from work performed by Declarant in the easement areas, and (F) Declarant shall carry commercial general liability insurance and property insurance with single limit coverage amounts of not less than Two Million Dollars ($2,000,000) per occurrence and general aggregate, and with insurance carriers having an A.M. Best Rating of B:VIII, which insurance policies shall list Grantee as an additional insured. (f) S
ite Maintenance and Repair .
(i) Maintenance and Repair Covenant . At all times prior to, and during, development of the Subject Parcel and construction of the Grantee Improvements, Grantee shall maintain the Subject Parcel its surroundings, and all staging areas and lay-down yards, in a clean, sanitary, orderly and safe condition, free of weeds, debris and pests, and shall reasonably protect it against suffering deterioration or damage caused by erosion, general exposure to the environment or otherwise. If (a) any portion of the Subject Parcel contains or exhibits a condition requiring maintenance or repair so as to prevent damage to or deterioration of the Subject Parcel or real property located adjacent thereto or improvements constructed thereon, or to prevent general harm or damage (physical, reputational or otherwise) to the Project or to Declarant, or (b) City and all applicable Governmental Authorities shall have given notice of the existence of a condition on the Subject Parcel requiring responsive action, then Grantee shall, promptly on demand by Declarant, but in no event later than ten (10) days thereafter, commence to correct such condition or effect such repair and to diligently and continuously prosecute such correction or repair to completion.
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(ii) Declarant Rights to Correct . If Grantee fails to commence to correct such condition or effect such repair within said 10- day period, or if Grantee timely commences but fails to diligently and continuously prosecute such correction or repair to completion, Declarant shall have the right (but not the obligation) to enter upon the Subject Parcel to take such actions as may be necessary to complete such correction or repair. Such repair or correction shall be at Grantee’s sole cost and expense. Any costs incurred by Declarant in performing any corrective work for which Grantee is responsible pursuant to this Section 2.1(g) shall be due and payable by Grantee within ten (10) Business D ays of demand therefor by Declarant. This Section shall not be construed to create any duty or obligation on the part of Declarant to undertake inspections of the Subject Parcel . The performance of work by either Declarant or Grantee under this Section shall not be an admission of responsibility therefor by the performing party. The obligation of Grantee pursuant to this Section shall be binding on Grantee until such time as action against Declarant on account of any such condition shall be barred by the applicable statutes of limitations.
(iii) O
bligation Cumulative . Grantee ’s obligations under this Section 2.1(g) are in addition to and not in limitation of Grantee’s other obligations to Declarant to correct defects and conditions in the Grantee Improvements. (g) S ecurity Requirements; Prevention and Repair of Damage . (i) Security Requirements. Declarant may, at its sole option, require Grantee to temporarily fence (including fence screening) or otherwise reasonably restrict access to any portion of the Subject Parcel , in order to deter members of the public from entering the Subject Parcel during construction, to reduce visual impact of the construction site on neighboring properties, and in order to prevent damage to improvements made by or for the benefit of Declarant or the City (including without limitation, any utility lines, equipment or vaults or any environmental monitoring wells). Grantee acknowledges that Declarant’s security requirements are not intended to be exclusive, and that Grantee shall be responsible for implementing such additional security measures as it deems necessary in order to protect the Project and the Subject Parcel from theft, vandalism, casualty, destruction or liabilities. (ii) D
amage by Grantee. Any destruction or other damage or loss (including theft or vandalism) caused by Grantee or any of its agents, employees, licensees, invitees, or contractors to any improvements made by or on behalf of Declarant within the Subject Parcel or any other portion of the Project (or any off -site areas where Grantee was engaged in construction activities or where Grantee’s construction vehicles or equipment were staged) must be repaired, and any such affected improvements restored to the condition existing prior to such theft, destruction or damage, by Grantee at its sole cost and expense. Grantee acknowledges that Declarant may be unable to determine with absolute certainty whether any such damage or loss was caused by Grantee, by another builder within the Project, or partially by Grantee and one or more such other builder , or the agents, employees, licensees, invitees, or contractors thereof and if so caused, to exactly allocate the costs between responsible parties.
Therefore, in such event, Grantee shall further be responsible for the repair and restoration, at Grantee’s sole expense, of any damage to improvements within the Subject Parcel or portions of the Project located adjacent thereto.
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(iii) Failure to Repair . If any repair for which Grantee is responsible pursuant to the preceding subparagraph is not completed in a timely manner, Declarant shall have the right, but not the obligation, to complete such repair and to be reimbursed by Grantee in the amount set forth in subsection (iv) below. Without limiting the foregoing, in the event that Declarant is unable to determine whether any damage to a particular improvement was caused by Grantee or another developer within the Project, Declarant shall have the right to perform repair and restoration of the damage to such improvements and to allocate, in good faith, the cost thereof among Grantee and all such other developers that might reasonably be responsible for such damage, in such shares as Declarant determines are appropriate (in light of the facts known to Declarant), which determination shall be conclusive. (iv) R
eimbursement . The cost of any repair and restoration of improvements made by Declarant which was the responsibility of Grantee or otherwise allocated, in whole or in part, to Grantee and other developer s pursuant to subs ections (ii) and (iii) above shall be reimbursed by Grantee in an amount equal to one hundred percent (100%) of the actual costs incurred by Declarant (or any Declarant Parties) in performing such repair and restoration, including without limitation reasonable attorneys ’ fees, together with interest from the date of expenditure at the rate of interest equal to the lesser of ten percent ( 10%) per annum, or the maximum rate of interest permitted by law, until such amount is paid in full. All such reimbursement payments shall be due and payable not later than ten (10) days after a written request therefor by Declarant. Declarant shall not be liable to Grantee for any mis allocation of costs unless such allocation was made without any reasonable justification. Grantee may seek reimbursement from any other builder or developer (other than Declarant) of amounts paid to Declarant hereunder that Grantee reasonably establishes arose as a result of the fault of such other builder or developer, or for which they were partially responsible. (h) C
onstruction V ehicles and Haul Route Restriction. Declarant may directly manage construction site activities within the Project or may elect to designate, from time to time, a construction site manager to promote orderly development of the Project and to reduce the imposition of construction activity externalities on the Project or its neighbors. Either Declarant or its designated construction site manager shall have the authority to (i) establish procedures for the scheduling of significant hauling, concrete pours, and major construction site events occurring on the Subject Parcel that may impact adjacent Project sites, (ii) oversee Project site logistics (staging, deliveries, laydown yards, etc.) and designate haul routes and rules and regulations for construction labor force parking areas within and adjacent to the Project site, (iii) require Grantee to designate a party available to receive and respond to calls and communications from residents, neighbors and businesses concerning the impacts and complaints related to development of the Subject Parcel, and (iv) coordinate construction issues affecting the Project site. Grantee agrees that it shall abide by any and all construction site management rules and regulations (“ Project Site Rules ”) promulgated by Declarant so long as such Project Site Rules do not expressly contradict or unreasonably interfere with Grantee ’s rights to develop the Subject Parcel for the Permitted Uses. Grantee agrees that violations of the Project Site Rules that are not promptly cured by Grantee within a reasonable time under the circumstances or that are repeated or reoccur may be enforced and enjoined by Declarant through exercise of equitable rights and remedies
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2.2 Grantee Improvements Requirements. Grantee is hereby bound by the following covenants and agreements through the Expiration Date (unless otherwise specified herein) with respect to its construction of the Grantee Improvements on the Subject Parcel. The violation of any of the following requirements (after the expiration of applicable notice and cure periods) shall constitute a default hereunder and a breach of the Restrictions, which shall entitle Declarant to exercise any of the rights and remedies set forth below. (a) D
evelopment. Grantee shall cause the Subject Parcel to be developed only with the Grantee Improvements in full accordance with all of the provisions of the Restrictions.
No portion of the Subject Parcel , or any improvements thereon, or any portion thereof, shall be developed, used or maintained with any facilities or improvements whatsoever except as set forth above and in Exhibit C, which Restriction shall continue in perpetuity, subject to the exercise of rights of or waiver by Declarant as set forth in subsection (b), hereinbelow. All construction and structures shall be, at all times, completed in compliance with all requirements of law, these Restrictions and any other recorded covenants, conditions, rights , restrictions and limitations existing from time to time covering the Subject Parcel , including without limitation all architectural approval requirements and use restrictions contained in such documents. (b) G
overnmental Approvals. Grantee shall obtain and comply with, at its sole expense, all approvals and permits which may from time to time be required by Governmental Authorities with respect to Grantee’s performance contemplated under this SLUR Declaration including, as applicable and without limitation, all approvals required for construction plans and construction of the Grantee Improvements on the Subject Parcel, plot plan approval, building permits and the like (collectively, “Governmental Approvals”). Grantee shall be solely responsible for satisfying and complying with all conditions to such Governmental Approvals and satisfying and complying with all Development Conditions except to the extent that the same is expressly made the sole responsibility of Declarant under this SLUR Declaration.
(i) C
ivic Center Site Pan . Prior hereto, Grantee prepared and delivered to Declarant for its review the proposed project site plan attached hereto as Exhibit D (the “Civic Center Site Plan ”), which plan identifies the principal land uses and proposed Grantee Improvements to the Subject Parcel. By its review of any proposed plans concerning the Grantee Improvements, Declarant makes no representation that the plan or plans, if approved, will satisfy the requirements of the Development Conditions and applicable approvals of relevant Governmental Authorities, and Declarant assumes no liability or responsibility thereof for any defect including, but not limited to, any defect in grading, improvements, construction, or other activities undertaken by or on behalf of Grantee pursuant thereto. Unless expressly waived by Declarant in writing, no request s or applications for Governmental Approvals of Grantee Improvements which vary from the Civic Center Site Plan shall be permitted unless Grantee first provides Declarant with a detailed plan and the Parties engag e in the review process set forth in subsections (ii), below. The Restrictions set forth in this subsection (i) and the following subsection (ii) shall continue in perpetuity for the benefit of the Benefited Property. (ii) D
eclarant Standard of Review of Grantee Alternative Proposals.
Without limiting the Restrictions in subsection (i) above, Grantee shall not develop on the Subject Parcel any improvements that vary from the Civic Center Site Plan without Declarant’s 612
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consent, which shall not be unreasonably withheld, conditioned or delayed. If Grantee seeks to develop improvements that vary from the attached Civic Center Site Plan (“Grantee Alternative Proposal”), then Grantee shall first submit to Declarant Grantee’s request or application therefor for Declarant’s review and approval in accordance herewith. Submittals with respect to any Grantee Alternative Proposal shall include any drawings, plans, reports or studies that have been prepared and that are to be submitted to each applicable Governmental Authority in connection therewith. Declarant shall have a right to reasonably disapprove any Grantee Alternative Proposal on the Subject Parcel. Among other matters, i t shall be deemed reasonable for Declarant to disapprove a Grantee Alternative Proposal if Declarant determines , in good faith, that:
(A) The Grantee Alternative Proposal is inconsistent with the Master Plan Amendment , would violate other existing Development Conditions, or is inconsistent with other limitations set forth on Exhibit C; or (B) The Grantee Alternative Proposal may result in the imposition upon Declarant (or any other real property in the Project Site) of additional development costs or further obligations to construct additional or alternative infrastructure improvements, the need for Declarant to satisfy new or revised conditions of approval or implement additional or alternative mitigations; or
(C) The Grantee Alternative Proposal could adversely affect (as reasonably determined by Declarant) the current or prospective use or value o f other real property in the Project Site.
Declarant shall have thirty (30) days after Grantee delivers the materials presenting Grantee Alternative Proposal to reasonably determine whether to approve or disapprove, and any failure to respond within such 30- day period shall constitute a waiver and deemed approval of such Grantee Alternative Proposal.
(c) Off-Street Parking . Grantee shall design, develop and construct sufficient off-street parking necessary to satisfy all requirements of the Development Conditions, as well as the reasonably anticipated parking space requirements necessary to satisfy parking demands for use and operation of the Grantee Improvements without use of on-street parking. (d) D evelopment Impact Fees . Grantee shall be solely responsible for payment of all development impact fees that become due and owing with respect to development of the Subject Parcel and Grantee’s Improvements thereon. (e) C onstruction Requirements . Grantee shall use commercially reasonable efforts to conduct all construction activities on the Subject Parcel or, if applicable, elsewhere within the Project, in a manner so as to minimize interference with any construction activities being conducted by Declarant or any other developer within the Project. Grantee’s construction activities shall comply with applicable provisions of the Development Conditions , including that any noise-producing construction activities (e.g., pile driving) shall at all times comply with all applicable noise ordinances of the City, and Applicable Law. Grantee shall be solely responsible for payment of all assessments and connection charges relating to the connection of utilities to 613
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the Subject Parcel . Grantee shall further cause all necessary easements or rights of way for access and for public utility services serving or located within the Subject Parcel to be conveyed to the City, the applicable utility provider or other applicable Governmental Authority. (f) Site Maintenance Prior to Improvements. If any portion of the Subject Parcel on which no structural improvements have been constructed contain or exhibit c onditions requiring repair so as to prevent damage to or deterioration, by erosion or otherwise, of the parcels or streets and other infrastructures adjacent to the Subject Parcel or improvements constructed thereon, Grantee shall, promptly on demand by Declarant but in no event later than ten (10) Business Days thereafter, commence to correct such condition or effect such repair and to diligently and continuously prosecute such correction or repair to completion (commencing to cure shall include applying for and diligently pursuing any approvals required by law to meet the obligations set forth herein).
(g) U
tilities . Grantee shall be fully responsible for the payment of, and Grantee covenants that Grantee shall pay when due, all hook- up, connection and usage fees for gas, electric, telephone, sewer, water, storm drain and all other utilities which are normally associated with the development and operation of improvements similar to the Grantee Improvements which Grantee and Declarant contemplate that Grantee will construct on the Subject Parcel.
(h) SW
PPP. Grantee agrees to abide by the Storm Water Pollution Prevention Program (the “SWPPP”) for the Project and Declarant’s inspection protocol for SWPPP -related matters (as such program and protocol may be amended or revised from time to time). Grantee shall be responsible for all erosion control measures and maintenance obligations, and any required best management practices (collectively, the “Erosion Control Measures”) relating to the Subject Parcel and the development thereof, that are required by the provisions of the Development Conditions, all Applicable Laws or this SLUR Declaration . Each such Erosion Control Measure shall be undertaken and performed in accordance with the requirements of any existing SWPPP or other express erosion control plan that pertains to the Subject Parcel. Among other compliance measures, Grantee shall (i) submit any site -specific SWPPP that may be required to comply with the National Pollutant Discharge Elimination System (NPDES) permits governing construction or development activities on the Subject Parcel , and (ii) submit to the Regional Water Quality Control Board or the State Water Resources Control Board such notices, filings or applications as may be necessary to comply with Applicable Laws . Grantee shall reasonably cooperate with Declarant in the preparation of any period or incident reports, or responses to any notices of relevant Governmental Authorities, required with respect to the SWPPP, implementation of Erosion Control Measures, or any claims of violations of laws or regulations relating thereto. Declarant reserves the right (but not the obligation) to correct any deficiency or any condition causes, or could cause, non- compliance by Declarant with the SWPPP for the Project, which costs shall be at Grantee’s cost if Grantee does not correct such deficiency or non- compliant condition within twenty -four (24) hours of being notified of such deficiency or non- compliant condition by Declarant. For any costs incurred by Declarant in performing any corrective work for which Grantee is responsible pursuant to this Section, Grantee agrees to pay to Declarant (or any Declarant Party performing such work) within thirty (30) days of written demand therefor , an amount equal to one hundred percent (100%) of all actual costs and expenses incurred by Declarant (or any Declarant Parties) in connection 614
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therewith, including without limitation reasonable attorneys’ fees, together with interest from the date of expenditure at the rate of interest equal to the lesser of ten percent ( 10%) per annum, or the maximum rate of interest permitted by law, until such amount is paid in full. This Section shall not be construed to create any obligation on the part of Declarant to inspect any portion of the Subject Parcel for SWPPP compliance or for defects in Grantee’s Erosion Control Measures.
ARTICLE III.
ENFORCEMENT OF RESTRICTIONS
The following shall govern the enforcement of the Restrictions contained in this SLUR Declaration.
3.1 General Purpose and Constructive Notice. The Restrictions shall run and pass with each and every portion of the Subject Parcel and be binding upon Grantee, and each of its successors and assigns, during any period during which Grantee (or each such successor or assign) owns the Subject Parcel. All references to “Declarant” in this Article III shall mean and refer to Declarant, and to its successors and assigns. Except as specifically set forth herein, the Restrictions shall remain in full force and effect (until the stated date or expiry hereunder, if any, as applicable), notwithstanding Declarant’s exercise of any right or remedy herein due to a previous or repeated violation of any one or more of the previous Restrictions. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Subject Parcel is and shall be conclusively deemed to have consented and agreed to every Restriction, provision, covenant, condition, right and limitation contained herein, whether or not any reference to this SLUR Declaration is contained in the instrument by which such person acquired an interest in the Subject Parcel. Notwithstanding anything to the contrary contained in this Section, from and after (a) any permitted re -subdivision of the Subject Parcel by Grantee hereunder, and (b) the subsequent conveyance in fee of any individual parcel thereof to any third-party that is not a commonly-controlled affiliate of the fee owner of the remainder of the Subject Parcel, Declarant shall cooperate with Grantee and/or such third parties to enter into an amendment to this SLUR Declaration or new declarations to allocate the responsibilities of Grantee hereunder amongst the owners of such individual parcels; provided, however, that in no event shall such amendment to this SLUR Declaration affect the priority of this SLUR Declaration in any manner. Declarant may at its option as a condition to the execution of each such amendment or new declaration require the reimbursement by Grantee of Declarant’s reasonable attorneys’ fees in reviewing such materials and preparing such instruments.
3.2 D
efault and General Remedies . In the event of any breach, violation or failure to perform or satisfy any of the Restrictions which has not been cured within the applicable cure period set forth below, Declarant at its sole option and discretion may enforce any one or more of the following remedies or any other rights or remedies to which Declarant may be entitled by law or equity, whether or not set forth herein and Declarant and Grantee expressly agree that Declarant is entitled to such rights. Unless a cure period is otherwise specifically designated in this SLUR Declaration , such cure period shall commence when written notice is given to Grantee of a violation hereunder and shall end ten (10) Business Days thereafter in the case of a monetary default, and thirty (30) days thereafter in the case of a nonmonetary default; provided 615
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that if a nonmonetary default is not reasonably susceptible of cure within such 30- day period, then Grantee shall have a reasonable time to cure same so long as Grantee has promptly commenced such cure within the 30 -day period and thereafter diligently prosecutes the cure to completion. To the maximum extent allowable by law, all remedies provided herein or by law or equity shall be cumulative and not exclusive.
(a) Equity. Declarant shall be entitled to bring an action in equity or otherwise for specific performance to enforce compliance with the Restrictions or an injunction to enjoin the continuance of any such breach or violation thereof, whether or not Declarant exercises any other remedy set forth herein.
(b) D
amages . Declarant may bring a suit for damages for any compensable breach of or noncompliance with any of the Restrictions. (c) D eclaratory Relief. Declarant may bring an action for declaratory relief to determine the enforceability of any of the Restrictions. (d) A batement . Any breach or violation of these Restrictions or any provision hereof if not timely cured as provided above is hereby declared to be a nuisance.
ARTICLE IV.
INDEMNITY OBLIGATIONS
4.1 Comprehensive Indemnity of Declarant . Grantee and Declarant have agreed and intend that Declarant and each and all of the Declarant Parties shall not be liable for any loss, liability, cost, expense (including attorneys’ fees), damage, injury or claim (collectively, “Claims”) of any kind or character to any person or property brought by any private party or Governmental Authority arising from or caused by (a) Grantee’s acquisition of the Subject Parcel, activities within the Subject Parcel and/or the development thereof , or (b) the failure or refusal of Grantee to comply with the Development Conditions or Applicable Laws in connection with the development of the Subject Parcel and the Grantee Improvements thereon (collectively, the “Indemnified Matters”). Grantee, to the fullest extent permitted by law, agrees to indemnify, defend and hold harmless Declarant and the Declarant Parties, and their property, and each of their respective shareholders, members, partners, principals, employees, agents and representatives, from all Claims arising from or relating to any such Indemnified Matter whether asserted or made by Grantee or any other person(s) or entities. The foregoing Indemnified Matters shall include, without limitation, any Claim arising from or relating to or caused by or alleged to arise from or be relating to or caused by any of the following, to the extent they pertain to an Indemnified Matter : (a) any use by Grantee or by any third party (other than a Declarant Party) of the Subject Parcel or any part thereof conducted with the express, written permission of Grantee, (b) any entry by Grantee ( in its capacity as Grantee, or anyone active for or on its behalf) upon or use of real property owned by Declarant in connection with Grantee’s acquisition, development or use of the Subject Parcel, (c) any defect in the design, construction of, or material in, any structure or other improvement upon the Benefited Property constructed by or on behalf of Grantee, (d) any negligent or intentional act or omission of Grantee or any of 616
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its agents, employees, licensees, invitees or contractors in connection with Grantee’s acquisition, development or use of the Subject Parcel , (e) any accident or casualty on the Subject Parcel to the extent occurring in connection with the activities of Grantee or its employees, agents or contractors thereon, (f) any misrepresentations, omissions or failure s to disclose by Grantee or any of its employees , agents or representatives in connection with Grantee’s acquisition, development or use of the Subject Parcel , (g) any release of Hazardous Substances or violation of any Hazardous Substances Laws or regulations, including the costs of clean- up, removal and disposal, resulting from Grantee’s failure to perform or observe any of its duties and covenants under Section 2.1(c) of this SLUR Declaration, (h) a violation or alleged violation by Grantee or any of its employees, agents or representatives of any law now or hereafter enacted in connection with Grantee’s acquisition, development or use of the Subject Parcel , (h) any subsurface geologic or groundwater condition with respect to the Subject Parcel or property located in the vicinity thereof, or (i) application of the Surplus Land Act (as codified in California Govt Code Section 54220, et seq.).
4.2 R elease and Waiver . As a material part of the consideration for Declarant’s agreement to convey the Subject Parcel to Grantee, Grantee, for itself and each of its present and future officials, officers, employees, agents, successors and assigns hereby waives all claims and demands against any Declarant Party for any such loss, damage, or injury of Grantee arising from, relating to, based upon, or in any way connected with any of the Indemnified Matt ers; provided, however, that the release and indemnity obligation under this Section 4.2 shall not apply with respect to any fraud, willful misconduct, or gross negligence by Declarant or any Declarant Party.
Grantee, as to the foregoing release, expressly waives the provisions of Civil Code Section 1542, which provides as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Grantee he reby specifically waives any and all rights and benefits under said section as they relate to the matters released in this Section 4.2.
INITIALS: GRANTEE: _______ ________
4.3 Limitation. Notwithstanding anything to the contrary above, nothing contained in Article IV shall operate to relieve the responsible Declarant Party from liability for any Claim arising from the gross negligence or willful misconduct of such Declarant Party, nor shall Grantee be required to indemnify the responsible Declarant Party as to Claims arising from the gross negligence or willful miscon duct of such Declarant Party or its agents, servants or independent contractors who are responsible to that Declarant Party.
4.4 S urvival of Covenants. Grantee ’s covenants and releases set forth in Section s 4.1 and 4.2, above, shall survive the conveyance by Grantee of all or any portion of the Subject Parcel, or development and construction of the Grantee Improvements thereon, and shall be 617
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binding on Grantee until such time as any Claim or action against Declarant relating to construction of the Grantee Improvements and development of the Project shall be barred by the applicable statutes of limitations.
4.5 Development Agreement. The provisions of this Article IV and the obligations of Grantee hereunder do not supersede, limit or modify in any way Developer’s indemnification obligations to the City contained in the Development Agreement, including but not limited to Sections 1.4 and 7 thereof.
ARTICLE V.
MISCELLANEOUS PROVISIONS
5.1 Waiver. No waiver by Declarant of a breach of any of the Restrictions by Grantee and no delay or failure to enforce any of the Restrictions shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other provision of the Restrictions. No waiver of any breach or default of Grantee hereunder shall be implied from any omission by Declarant to take any action on account of such breach or default if such breach or default persists or is repeated, and no express waiver shall be effective unless in writing nor shall it affect a breach or default other than as specified in said written waiver. The consent or approval by Declarant to or of any act by Grantee requiring Declarant’s consent or approval shall not be deemed to waive or render unnecessary Declarant’s consent or approval to or of any subsequent similar acts by Grantee.
5.2 A
dvances by Declarant . If Grantee fails to pay any sums required to be paid by Grantee hereunder within ten (10) Business Days following written notice from Declarant, Declarant shall be entitled to advance any sums Declarant in its sole and absolute discretion deems necessary to protect and preserve the security for its rights and interest under this SLUR Declaration (including but not limited to sums for any property taxes or assessments, insurance premiums, or amounts secured or represented by encumbrances or liens or other charges on any portion of the Subject Parcel which appear to be prior to Declarant’s rights and interest under this SLUR Declaration), all of which advances (together with interest equal to the lesser of ten percent (10%) per annum or the maximum rate of interest permitted by law) shall be reimbursed by Grantee to Declarant within ten (10) Business Days after demand from Declarant.
5.3 L
egal Costs . In the event any action (including any arbitration pursuant to Section 5.17 below) is instituted by a party to enforce this SLUR Declaration or any documents executed pursuant hereto, the prevailing party in such action (as determined by the court, arbitrator, agency or other authority before which such suit or proceeding is commenced) shall be entitled to such reasonable attorneys’ fees, arbitrator’s fees, costs and expenses as may be fixed by the decision maker. The foregoing includes, but is not limited to, reasonable attorneys’ fees, fees incurred by the arbitrator pursuant to an arbitration under Section 5.17 and related arbitration costs and expenses, and costs of investigation incurred in (a) appellate proceedings; (b) any post -judgment proceedings to collect or enforce the judgment; (c) establishing the right to indemnification; and (d) any action or participation in, or in connection with, any case or proceeding under Chapter 7, 11 or 13 of the Bankruptcy Code (11 United States Code Sections 101 et seq.), or any successor statutes.
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5.4 Rights of Lenders. No breach or violation of the Restrictions shall defeat or render invalid the lien of any mortgage, deed of trust or similar instrument securing a loan made in good faith and for value with respect to the development or permanent financing of the Subject Parcel or any portion thereof. However, this SLUR Declaration and all provisions hereof shall be binding upon and effective against any subsequent owner or other occupant of the Subject Parcel or portion thereof whose title is acquired by foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise, but such subsequent owner shall have a reasonable period of time after taking title to cure any continuing violation hereunder that is susceptible of being cured provided that such subsequent owner continuously and diligently acts to effect such cure.
5.5 A
ssignment by Declarant. Any and all of the rights, powers, duties and reservations of Declarant herein contained may be assigned to any person or entity (including without limitation, any homeowners’ or owners’ association formed in connection with the Project, or any portion thereof) which will assume the duties (if any) of Declarant pertaining to the particular rights, powers and reservations assigned, and upon any such person or entity evidencing its consent in writing to accept such assignment and assume such duties, s/ he or it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein.
5.6 Termination or Amendment. The Restrictions may be validly terminated, amended, modified or extended, in whole or in part, only by recordation by the Riverside County Recorder of a proper instrument duly executed and acknowledged by Declarant and Grantee to that effect.
5.7 C
aptions . The captions used herein are for convenience only and are not a part of this SLUR Declaration and do not in any way limit or amplify the scope or intent of the terms and provisions hereof.
5.8 I nvalidity of Provision. If any provision of this SLUR Declaration as applied to Declarant or Grantee or to any circumstance shall be adjudged by a court of competent jurisdiction to be void, invalid, illegal or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this SLUR Declaration, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this SLUR Declaration as a whole.
5.9 N
otices . Any notice or other communication required or permitted to be given under this SLUR Declaration shall be in writing and shall be delivered (i) by personal delivery, (ii) by Federal Express or another nationally reputable overnight courier service, or (iii) via email by attachment of a writing in portable document format (.pdf), provided that the party delivering such notice by e -mail receives an electronic return receipt with respect thereto, addressed as follows:
If to Declarant: The New Home Company Southern California Attn: Miek Harbur, SVP, General Counsel and Secretary
15231 Laguna Canyon Rd, Suite 250
Irvine, CA 92618
Email: [email protected]
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With a copy to: Jackson Tidus
2030 Main Street, Suite 1500
Irvine, California 92614
Attention: Sarah Kleinberg, Esq.
Email: [email protected]
If to Grantee:
Attn:
Email:
With a copy to:
Attn:
Email:
Any party may from time to time change its address by written notice to the other party in accordance with the foregoing; provided that such updated address must include a physical street address (and not a P.O. Box) capable of receiving deliveries from FedEx and similar overnight courier services and a valid email address capable of receiving an attachment in portable document format of up to ten megabytes (10MB). Any change of address shall become effective five (5) business days after delivery of such notice. Notices delivered as provided herein shall be deemed to have been given (i) at the time of receipt by personal delivery, (ii) one (1) business day after being deposited with Federal Express or another nationally reputable overnight courier service, or (iii) upon confirmation by the recipient of a return receipt to sender if sent via email.
Any notice or other document sent or delivered in any other manner shall be effective only if and when receipt thereof is acknowledged or confirmed.
5.10 Application to Declarant . Notwithstanding anything herein contained to the contrary, if Declarant reacquires title to the Subject Parcel or any portion thereof at any time after the date hereof, the Restrictions shall automatically cease and terminate and be of no further force or effect as to Declarant and such acquired property (but shall remain in effect as to any portion of the Subject Parcel not so reacquired), effective as of the date of such reacquisition by Declarant.
5.11 T
ime of Essence. Time is of the essence of each provision of this SLUR Declaration in which time is an element.
5.12 O ther Restrictions . This SLUR Declaration is not the exclusive source of restrictions on the use of the Subject Parcel , and nothing herein contained shall prejudice or 620
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diminish in any way Declarant ’s rights under any other documents of record from time to time affecting all or any portion of the Subject Parcel.
5.13 Covenants Run with the Land. The Subject Parcel shall be held, developed, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the covenants, conditions, restrictions and other limitations set forth in this SLUR Declaration . The Restrictions are for the benefit of the Benefited Property and are intended and shall be construed as covenants and conditions running with and binding on the Subject Parcel and equitable servitudes upon the Subject Parcel and every part thereof. Furthermore, all and each of the Restrictions shall be binding upon and burden all persons having or acquiring any right, title or interest in the Subject Parcel , or any part thereof, and their successors and assigns, and shall inure to the benefit of the Benefited Property and the owners of the Benefited Property, their successors and assigns, and shall be enforceable by Declarant and its successors and assigns, all upon the terms, provisions and conditions set forth herein.
5.14 C
ounterparts . This SLUR Declaration may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.
5.15 I
ncorporation of Exhibits. All Exhibits and Schedules attached and referred to in this SLUR Declaration are hereby incorporated herein as though fully set forth herein (and shall be deemed to be a part of this SLUR Declaration).
5.16 D ispute Resolution; Arbitration . Any controversy, dispute or claim among or between the parties arising out of or relating to this SLUR Declaration shall be resolved solely and exclusively as provided in this Section 5.16:
(a) Informal Resolution. The party initiating the dispute resolution procedure shall submit to the adverse party a written demand that invokes this provision and identifies the nature of the dispute and all requested relief. The adverse party shall respond to the written demand within five (5) Business Days. If no written resolution is achieved ten (10) days after the demand is submitted (or any later date agreed to by the parties in writing), then the provisions of Section 5.16(b) shall govern.
(b) Formal Resolution.
(i) Any controversy, dispute or claim that has not been resolved pursuant to Section 5.16(a) shall be finally resolved by arbitration. The arbitration shall be governed by this SLUR Declaration and, to the extent that they do not conflict with this SLUR Declaration, Sections 1280 through 1294.2 of the California Code of Civil Procedure (or any amendments or successor statutes).
(ii) The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, according to which an arbitrator with experience resolving disputes arising from complex real estate transactions shall be appointed to conduct the proceeding. Once the arbitrator has been identified, the party initiating the dispute resolution procedure shall provide both the written demand and any response to the arbitrator. 621
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(iii) Each party shall have the right to conduct discovery, including expert and third-party discovery. Limitations on discovery shall be determined by the arbitrator.
No party shall be entitled to “ priority” in conducting discovery. Depositions may be taken by either party upon seven (7) days ’ written notice. Written discovery requests shall be responded to within ten (10) days after service. Discovery disputes that cannot be resolved by the parties shall be submitted to the arbitrator whose decision on such matters shall be final and binding.
All non- expert discovery must be completed no less than twenty (20) days before the first hearing date for the arbitration proceeding. Expert discovery must be completed no less than ten (10) days before the first hearing date of the arbitration proceeding. For good cause, however, the arbitrator may extend the period for discovery or allow additional discovery. (iv) The parties shall have the right to bring and the arbitrator shall rule on dispositive motions including, but not limited to, demurrers, motions to dismiss, and motions for summary judgment or adjudication. Section 437c of the California Code of Civil Procedure shall govern summary judgment or summary adjudication motions, except for notice periods or briefing schedules, which shall be determined by agreement or by the arbitrator. Hearings on such motions must be held no less than ten (10) days before the first hearing date for the arbitration proceeding. If the parties are unable to agree upon a briefing schedule for such motions, the arbitrator shall set the briefing schedule. (v) The arbitration shall be held within ninety (90) days after the date the written demand was first sent. Except as expressly set forth in this clause, the arbitrator shall determine the manner in which the arbitration is conducted including the time and place (within the County of Riverside, California) of all hearings, the order of presentation of evidence, and all other questions that arise with respect to the course of arbitration. The arbitrator shall determine all issues in accordance with applicable decisional law. The presentation and admission of evidence shall be governed by the rules governing the presentation and admission of evidence in Riverside County Superior Court, including but not limited to the provisions of the California Evidence Code. All proceedings and hearings conducted before the arbitrator shall be transcribed by a court reporter unless both parties agree that no reporter is necessary. The costs of the court reporter shall be borne equally by the parties , but may be awarded as costs to the prevailing party.
(vi) The arbitrator shall be empowered to enter equitable as well as legal relief, to provide temporary and/or provisional relief and to enter equitable orders that will be binding upon the parties; provided that, the arbitrator shall not have the authority to grant any remedy or relief that is expressly prohibited by, or that exceeds any limitations on remedies se t forth in, this SLUR Declaration. If the arbitrator determines that a remedy available to a party pursuant to this SLUR Declaration and sought by a party exceeds the arbitrator ’s authority, then the party denied such a remedy may initiate an action in the appropriate Federal or California court in the County of Riverside , California seeking exclusively such a remedy or remedies.
This clause (vi) shall not be construed to provide any remedy to any party that is prohibited by this SLUR Declaration.
(vii) The arbitrator shall issue a single reasoned award at the close of the arbitration consistent with California Code of Civil Procedure § 1283.4. The arbitrator shall issue the final award within fifteen (15) days after the conclusion of the arbitration proceeding. 622
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NOTICE: BY INITIALING THE SPACE BELOW, YOU ARE AGREEING TO
HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS SECTION 5.17(b) DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY
CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL , EXCEPT AS PROVIDED BY SECTION 5.16(b)(vi) ABOVE. BY INITIALING IN THE SPACE BELOW,
YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION 5.16(b). IF
YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS SECTION 5.17(b), YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO
SUBMIT DISPUTES ARISING OUT OF OR RELATING TO THE MATTERS INCLUDED IN THIS SLUR DECLARATION TO NEUTRAL ARBITRATION.
INITIALS: DECLARANT: _______ GRANTEE: _______
5.17 Further Assurances. Subject to the terms of this SLUR Declaration, e ach party hereto will, whenever and as often as it shall be requested to do so by the other party, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, any and all such further conveyances, assignments, approvals, maps, consents and any and all other documents and do any and all other acts as may be necessary to carry out the intent and purpose of this SLUR Declaration, and reasonably necessary or required to satisfy and perform such party’s duties and obligations.
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IN WITNESS WHEREOF, the undersigned has executed this SLUR Declaration as of the date first above written.
DECLARANT:
THE NEW HOME COMPANY
SOUTHERN CALIFORNIA LLC,
a Delaware limited liability company
By:
Name:
Title:
By:
Name:
Title:
GRANTEE:
CITY OF EASTVALE,
a California municipal corporation
By:
Name: Mark Orme
Title: City Manager
ATTEST:
______________________________
Marc Donohue, City Clerk
APPROVED AS TO FORM:
_______________________________
Erica Vega, City Attorney
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ACKNOWLEDGEMENTS
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 )
)
County of ____________________ )
On _____________, 202__, 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of ____________________ )
On _____________, 202__, 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
625
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EXHIBIT A
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)
LEGAL DESCRIPTION OF THE SUBJECT PARCEL
All that certain real property situated in the City of Eastvale, County of Riverside, State of California, more particularly described as follows:
Parcel 1:
LOT 65 OF TRACT NO. 38594 AS SHOWN ON THE SUBDIVISION MAP RECORDED ON MARCH 15, 2024, IN BOOK 494, PAGES 87 TO 115,
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
Parcel 2:
LOT “S” OF TRACT NO. 38594 AS SHOWN ON THE SUBDIVISION MAP RECORDED ON MARCH 15, 2024, IN BOOK 494, PAGES 87 TO 115,
INCLUSIVE, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
FOR THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
626
B-1
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EXHIBIT B
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)
LEGAL DESCRIPTION OF THE BENEFITED PROPERTY
[See attached.]
627
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EXHIBIT C
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)
REQUIREMENTS AND RESTRICTIONS FOR
DEVELOPER IMPROVEMENTS
Grantee Improvements: Civic center improvements including, without limitation, a city hall, library, police station, fire station, a community center , gymnasium or community arts or recreation facilities.
Public park facilities, amphitheater, sports fields, sport courts and related facilities.
Permitted Uses: The Grantee Improvements shall be used by Grantee for typical and customary civic center uses, which may include ancillary retail uses for less than five percent (5%) of improved floor area (e.g., snack bar, coffee shop, sundries shop) , provided that the foregoing uses comply with the requirements of all Development Conditions and Applicable Law, as
interpreted by all relevant Governmental Authorities.
Specifically Prohibited Uses: The Subject Parcel may not be used for: (a ) any residential uses, including apartments or rental housing; (b) any use or uses not constituting Public Uses ; ( c) construction of improvements for which, when combined with other
improvements on the Subject Parcel would result in the floor area or intensity limitations contained in the Development Conditions being exceeded; or (d) any industrial uses.
To the extent that sport fields, sport courts or similar recreation facilities are developed on the Subject Parcel, it shall be specifically prohibited (a) to install, construct or erect lighting on such fields or courts for purposes of nighttime use, or (b) to use between the hours of 10:00 PM and 8:00 AM, any public address systems, speakers or other equipment for amplified music, voice or sound
(i.e., nothing herein shall prohibit
installation of such systems located wholly within a structure) , or (c) to permit use of such recreation facilities for any purpose between the hours of 10:00 PM and 8:00 AM. At no time shall sound emanating from sound-
amplifying equipment or from
live music at the Subject Parcel violate applicable noise ordinances or otherwise exceed a decibel level greater than 55 measured at any surrounding residential property.
Further, no portion of the Subject Parcel may be used by Grantee or developed in a manner that is inconsistent with the community and family -oriented character of the Project, 628
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including without limitation, any of the following:
a. Criminal Detention or Rehabilitation Facilities . Jails or other facilities for the detention of convicted criminals, bail bond agencies , probation offices , facilities or
businesses providing counseling, rehabilitation or post - detention services to convicted criminals , facilities
providing post -detention or transitional housing to
convicted felons.
b. Homeless Shelters. Facilities or businesses providing short-term shelter, transitional housing, vocational training or free meal services to transients or homeless persons. c. Adult Entertainment . Establishments or businesses
principally engaged in the production, filming, recording, sale or distribution of films, recordings, photographs or other electronic or digital media of nude or partially nude persons performing or simulating sexual acts; businesses that feature or exhibit live or recorded X -rated or
pornographic entertainment or sell pornographic material to the public.
d. Dangerous Uses . Facilities or b usinesses principally engaging in the on- site manufacture, sale, storage or
distribution of inherently dangerous, hazardous or unsafe goods, such as explosives , fireworks, munitions or
ammunition; provided, however, that sales of guns and
ammunition incidental to operation of a retail sporting goods store shall not be prohibited by this provisions so long as such goods are stored, marketed and sold in strict compliance with Applicable Laws.
e. Cannabis. Businesses engaging in the manufacture,
sale, storage or distribution of cannabis, cannabis
derivatives or cannabis -containing products, whether or not such uses are otherwise permitted under the Development Conditions or Applicable Law.
f. Other Undesirable Uses. Slaughterhouses, trailer courts, animal hide tanneries, canneries, barns, stables, cemeteries, crematoriums, junk yards, scrap metal yards, waste material businesses, any “ fire sale ”, “bankruptcy sale ” or “public auction” businesses or thrift stores principally engaged in vending donated second-hand goods.
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EXHIBIT D
(TO DECLARATION OF SPECIAL LAND-USE RESTRICTIONS)
CIVIC CENTER SITE PLAN
630
PREMIER PLACE (UNBUILT)
BOOTSMA BLVD (UNBUILT)
CITY HALL
LIBRARY
POLICE STATION
AMPHITHEATER
GREAT LAWN
PLAZA
SERVICE STREET
TEMPORARY SURFACE PARKING AREA A
TEMPORARY SURFACE PARKING AREA B
B2
B1
B1
B2
B2
B2
B2
B1
B1
B1
B2
B2
B2
B2B2
B2
B2
B2
B2
LAYOUT LEGEND
SYMBOLDESCRIPTION
PREMIER PLACE (UNBUILT)
BOOTSMA BLVD (UNBUILT)
CONSTRUCTION
© Gensler
DateDescription
Project Name
Project Number
Description
Scale
Seal / Signature
2015
NOT FOR
Tel 213.327.3600
Fax 213.327.3601
500 South Figueroa Street
Los Angeles, California 90071
United States
05.4369.000
EASTVALE CIVIC CENTER
EASTVALE CIVIC
CENTER
LIMONITE & HAMNER AVENUES
EASTVALE CA 92880
811 W 7th Street, 8th Floor
Los Angeles, California
90017-3419
United States
www.swagroup.com
+1.213.236.9090 o
02/09/2024DESIGN DEVELOPMENT SUBMITTAL
06/28/2024CONSTRUCTION DOCUMENTS 50%
P:\GNS\GNST310 Eastvale Civic Center\4 DrawingsGraphics\AutoCAD\Sheets\CONSTRUCTION DOCUMENTS\LAYOUT\L1.00 OVERALL LANDSCAPE PLAN (REMOVED).dwg | HFU |ARCH E1 (30.00 X 42.00 INCHES) | 7/25/2024 L1.00
OVERALL LANDSCAPE PLAN
1" = 30'-0"
KEY PLAN
631
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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
COUNTY OF
On , , before me,
(here insert name and title of the
officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
632
4885- 9671- 3442 v1
7444- 127654\ 1687567.7
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
COUNTY OF
On , , before me,
(here insert name and title of the
officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
AGENDA STAFF REPORT
City Council Meeting
CITY COUNCIL BUSINESS
Agenda Item No. 13.1
November 13, 2024
Alloca+on of Funds for the 2025-2026 Community Development Block Grant (CDBG) Funding Cycle
Prepared By:
Samantha Greven, Management Analyst
Recommended Action(s)
Staff recommends that the City Council allocate the enrety of the FY 25/26 Community Development Block Grant (CDBG) allocaon to the County of Riverside Home Enhancement Program (HEP).
Summary
The City of Eastvale’s 2025-2026 Community Development Block Grant (CDBG) allocaon is esmated to be $158,000. The City must file applicaons with the County of Riverside for the 2025- 2026 program year by December 2, 2024. The City Council can decide to fund Internal City- Administered Projects, External Subrecipient Projects, or a combinaon of the two. The City of Eastvale accepted applicaons for the 2025-2026 CDBG cycle from September 12, 2024, to October 14, 2024. During this me, two applicaons were submi<ed for consideraon by external organizaons and one applicaon was submi<ed by City staff. Staff reviewed and evaluated each applicaon for eligibility based on naonal program objecves set by the U.S. Department of Housing and Urban Development (HUD). A?er conducng a thorough applicaon review process, staff does not recommend either of the external programs for funding. Staff recommends that the City Council allocate the enrety of the FY 25/26 Community Development Block Grant (CDBG) allocation to the County of Riverside Home Enhancement Program (HEP).
Background
The Community Development Block Grant (CDBG) is a Federally funded block grant program created by Congress in 1974. CDBG grants are awarded to local governments and non-profit sponsors to 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
665
carry out community development acvies by providing decent housing, a suitable living environment, and opportunies to expand economic opportunies, principally for low- and moderate-income persons.
CDBG funds are allocated by the U.S. Department of Housing and Urban Development (HUD) to state and local governments on a yearly basis with the goal of developing acvies directed toward revitalizing neighborhoods, economic development, and providing improved community facilies and services.
CDBG-funded projects must satisfy one of three national program objectives:
1 .
Provide a benefit to low- and moderate-income persons;
2 .
Prevent or eliminate slums and blight; or
3 .
Meet other urgent community development needs due to natural disasters or other emergencies.
Examples of eligible activities include:
Public Services - Senior services, disabled and handicapped services, childcare services, health services, youth services, and fair housing
Public Improvements - Streets, curbs, gu<ers, sidewalks, streetlights, sewers, storm drains, traffic signals, parks and recreation facilities, health facilities, and fire station improvements Housing Services - Home improvement programs for lower and moderate-income households Senior Home Repair (SHR)
Home Rehabilitation Program (HRP)
Analysis
FUNDING PRIORITIES
At the regularly scheduled City Council meeng on November 8, 2023, the Eastvale City Council elected to approve and adopt Eastvale’s 2024-2029 five-year HUD-CPD funding priorities as:
Americans with Disabilities Act (ADA) Improvements
Library Services
Senior Services
Youth Services
Home Improvement Services
CDBG FUNDS FOR THE 2025-2026 PROGRAM YEAR
The City of Eastvale is a Cooperang City in the County of Riverside's CDBG program. The County of Riverside Department of Housing and Workforce Soluons (HWS) iniated the 2025-2026 CDBG applicaon cycle and issued its Noce of Funding Availability to the City of Eastvale. The City’s 2025- 2026 CDBG allocaon is esmated to be $158,000. The City must file applicaons with the County of Riverside for the 2025-2026 program year by December 2, 2024.
The County of Riverside established several minimum thresholds concerning the Cooperang Cies’ CDBG applicaon process. The City of Eastvale accepted applicaons for the 2025-2026 CDBG cycle from September 12, 2024 to October 14, 2024. City staff thoroughly reviewed and evaluated each applicaon for eligibility based on naonal program objecves that have been set by the U.S.
Department of Housing and Urban Development (HUD). The City Council can decide to fund Internal City-Administered Projects, External Subrecipient Projects, or a combination of the two. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Below are the applicaons that were received for consideraon in the 2025-2026 CDBG Applicaon Cycle.
INTERNAL CITY-ADMINISTERED PROJECTS
County of Riverside Housing Enhancement Program (HEP)
Funding Requested
Full FY 25/26 CDBG Allocation
Funding Priority Met
Home Improvement Services
Senior Services
National Objective Met
Low-Moderate Income Individuals
Presumed Low-Moderate Income Persons: Seniors, Severely Disabled Adults, etc.
Summary
The Home Enhancement Program (HEP) provides grants to rehabilitate residences within the County of Riverside. As a Cooperang City within the County of Riverside, Eastvale residents are eligible to apply for this program. HEP grants can only be used to assist low-income qualified homeowners with exterior repairs, which include minor roof repairs, broken windows, exterior paint, fence repair, and other eligible exterior improvements. This program is open to Riverside County residents and grants are awarded on a first-come, first-served basis. As a result, eligible Eastvale residents may be denied if funding is not available.
During the City's previous CDBG applicaon cycle for FY24/25 the City Council designated $143,629 of funding to the HEP program. The City and the County of Riverside are currently undertaking the required Administrave Processes for this program. Once completed the County of Riverside anticipates this funding will benefit repairs towards a minimum of 3 households in Eastvale.
Should the City Council choose to allocate funding to this program, the enre allocated amount would be reserved for use by Eastvale residents only. The County of Riverside would manage all aspects of the program. The City would partner with the County to promote the program to eligible Eastvale residents by equipping Eastvale's Community Enhancement and Safety (CES) Officers with materials to educate individuals they encounter while out in the community.
Risk Factors
No identified risks to the City.
Application
A copy of the full applicaon has not been a<ached to this staff report as it contains confidenal information.
EXTERNAL SUBRECIPIENT PROJECTS
Project #1 - Inspiring Hope - Eastvale 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Non-Profit Organization
Inspire Life Skills Training
Funding Requested
$25,000
Funding Priority Met
Youth Services
National Objective Met
Limited Clientele
Summary
Inspire Life Skills Training exists to break the cycle of abuse and poverty through stable housing, educaon, training and mentorship of foster and homeless youth. Funds requested from the City of Eastvale will support Inspire youth at the Eastvale locaon, providing affordable housing, case management and access to health and wellness services, including mental health therapy and mentoring. Their vision is to create a future where all youth connue to use the tools provided to make producve, self-sufficient and posive life choices. The Inspiring Hope Program empowers youth to pursue an educaon while learning self-sufficiency and building resiliency. The CDBG funding will be used for direct programming including staffing for case management, occupancy expenses (ulies, property taxes, insurance, etc.) and access to supporve programming such as mentoring, life skills training workshops and mental health therapy.
Through the Inspiring Hope Program in Eastvale, their goal is to serve between 4-6 youth with the FY25/26 CDBG funding. As this program is on-going and offered year round, the CDBG funding will ensure that affordable housing and case management are available for 4-6 youth during the 12- month project period.
Staff Recommendation
Staff does not recommend this program to the City Council. While the program has good intent, the application lacked key details about program specifics.
Risk Factors
Details regarding Inspire Life Skills Training's risk management procedures were not outlined in the applicaon. The organizaon will be required to submit regular reporng to the City. If the required reporng documents are not provided to the City, the City will be ineligible for reimbursement by the County of Riverside CDBG Program. As a result, the funding would have to be allocated from the General Fund.
Application
A copy of the full applicaon has not been a<ached to this staff report as it contains confidenal 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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information.
Project #2 - BOOST (Business Operation & Optimization Support Tools) For-Profit Organization
WeeCare, Inc. (DBA Upwards)
Funding Requested
$192,000
Funding Priority Met
This activity does not meet one of the funding priorities set by the City Council.
National Objective Met
Limited Clientele
Summary
The primary goal of the BOOST (Business Operaon & Opmizaon Support Tools) Program is to support 24 family childcare providers in low- to moderate-income communies by improving their business operaons, financial stability, and capacity to serve more families. BOOST aims to expand access to affordable childcare while creating job opportunities in the local childcare sector. Upwards' services will be provided for free to childcare providers in Eastvale who qualify as low- to moderate- income for a period of 12 months a?er which, parcipants can connue their access to Upwards' tools and services under its standard paid model.
The CDBG funds for the BOOST Program will be specifically allocated to cover personnel expenses, which are crucial for the successful execuon and delivery of the program. Of this amount, $189,120 will be used for salaries and $2,880 for fringe benefits, ensuring that key staff can focus on providing essenal support to 24 family childcare providers in low- to moderate-income communies.
Upwards will leverage its own resources to match the CDBG funding, covering all remaining program expenses, such as management so?ware, markeng materials, translaon services, and operaonal costs.
Staff Recommendation
Staff does not recommend this program to the City Council. Key details regarding the proposed program's operaons were not provided and staff was unable to verify company details legimizing specific statements and pracces. Addionally, staff has concerns if this program would be successful in Eastvale as there are only 6 registered Childcare Facilies within the city. It is also unclear if any of the City's exisng Childcare providers would qualify as low- to moderate-income making them eligible for this program.
Risk Factors
This project would be considered an Economic Development CDBG Project based on guidelines set 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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by HUD. Due to this HUD and the County of Riverside would require extensive reporng to ensure the CDBG funds are being used correctly.
This could include but is not limited to:
Proof of income from the Childcare Providers (Bank Statements, Paystubs, etc.) Employee timecards
Payroll spreadsheets
Payroll reports showing employee status
Job title listings
These documents would be collected by Upwards for each parcipang Childcare Provider. Upwards would need to supply this informaon to the City in addion to any documents the City requires regarding Upwards' operaons on a monthly and quarterly basis. If the required reporng documents are not provided to the City, the City will be ineligible for reimbursement by the County of Riverside CDBG Program. As a result, the funding would have to be allocated from the General Fund.
Application
A copy of the full applicaon has not been a<ached to this staff report as it contains confidenal information.
Environmental
Allocang CDBG funding is not a project pursuant to the California Environmental Quality Act (CEQA) and no environmental review is required.
Strategic Plan Action - Priority Level: N/A
| Target #: C
| Goal #: J
Leverage grant funding.
Fiscal Impact
The County of Riverside Department of Housing and Workforce Soluons (HWS) has esmated the City of Eastvale’s 2025-2026 Community Development Block Grant (CDBG) allocaon to be $158,000. Budget has not been appropriated for this project year and will not be appropriated unl the City enters into an agreement with Riverside County and the County subsequently issues the City an incur cost letter.
Prior City Council/Commission Action
November 8, 2023 – City Council elected to approve and adopt Eastvale’s 2024-2029 five-year HUD- CPD funding priories as: Americans with Disabilies Act (ADA) Improvements, Library Services, Senior Services, Youth Services, Home Improvement Services. City Council also allocated $15,000 of the FY 24/25 CDBG funding to the Corona-Norco Family YMCA for their Senior Health and Wellness Program, and then designated the enrety of the remaining funds ($143,629) to the County of Riverside Home Enhancement Program (HEP).
March 22, 2023 - City Council established funding priories for the 2024-2025 CDBG Program Year as: Americans with Disabilies Act (ADA) Improvements, Library Services, Senior Services, Youth 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Services, and Home Improvement Services.
Attachment(s)
Attachment 1 - Cooperating City CDBG NOFA 2025-2026
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COUNTY OF RIVERSIDE
NOTICE OF FUNDING AVAILABILITY
2025-2026 URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FOR COOPERATING CITIES
I. Program Description:
The County of Riverside has opened the CDBG application period for the FY 2025-2026 Community Development Block Grant (CDBG) cycle for Cooperating Cities within the County’s Urban County CDBG program.
CDBG is a flexible program that provides communities with resources to address a wide range of unique community development needs. Beginning in 1974, the CDBG program is one of the longest continuously run programs at HUD. The CDBG entitlement program allocates annual grants to larger cities and urban counties to develop viable communities by providing decent housing, a suitable living environment, and opportunities to expand economic opportunities, principally for low- and moderate- income persons.
The CDBG program is a federally funded program administered through the U.S. Department of Housing and Urban Development (HUD). As an Urban County in the Entitlement CDBG program, the County receives and annual formula allocation of CDBG funds from HUD. HUD determines the amount of each grant by using a formula comprised of several measures of community need, including the extent of poverty, population, housing overcrowding, age of housing, and population growth lag in relationship to other metropolitan areas.
The program works to ensure decent affordable housing, to provide services to the most vulnerable in our communities, and to create jobs through the expansion and retention of businesses. CDBG is an important tool for helping local governments tackle serious challenges facing their communities. The CDBG program has made a difference in the lives of millions of people and their communities across the Nation.
CDBG was authorized under the Housing and Community Development Act of 1974, as amended, and is listed under the Catalog of Federal Domestic Assistance (CFDA) as 14.218. Applicable CDBG regulations can be found at 24 CFR Part 570 and 24 CFR Part 91.
CDBG funding has been used by the County, its cooperating cities, and other subrecipients for a wide variety of community, economic, and social development activities. Activities include public facilities such as fire stations, parks, community centers, se nior centers, homeless shelters, health clinics, water and sewer improvements, and street and sidewalk improvements. CDBG also provides public service activities such as childcare, health care, after schoo l, programs, senior programs, food and clothing distribution, job training, recreation, and many more.
All activities funded with the County’s CDBG funds must:
1. serve persons or communities within the County’s Urban County area;
2. be an eligible activity under CDBG regulations (24 CFR Part 570.201); and
3. meet a National Objective of the CDBG program (24 CFR Part 570.208).
Most activities meet a National Objective by benefitting low -income persons or low -income communities.
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The County’s Urban County CDBG Program includes all of the unincorporated areas of Riverside County as well as the ”cooperating” cities of: Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Coachella, Desert Hot Springs, Eastvale, La Quinta , Norco, Rancho Mirage, San Jacinto, and Wildomar. The cities of Lake Elsinore, Palm Desert, and Murrieta participate in the County’s Urban County program as a “Metro City .” For purpose of this NOFA, Lake Elsinore , Palm Desert, and Murrieta are Cooperating Cities.
CDBG Award Information:
Subject to Federal appropriations, the County anticipates receiving approximately $ 7,400,000 in CDBG funds for the FY 2025-2026 program. The amount of CDBG funding to be allocated to the Cooperating Cities is expected to be approximately $2, 100,000. The actual amount of the County’ allocation is determined by final funding appropriations f rom Congress and HUD’s CDBG allocation formula. Funds from this 2025-2026 CDBG application cycle will be available to the Cooperating Cities and their subrecipients no earlier than August 27, 2024.
Depending upon the type of activity to be funded, a successful cooperating cities subrecipient will have approximately ten (10) months to complete, expend, and drawdown their CDBG award for a public service activity, and approximately eighteen (18) months for a public facility or other CDBG activities.
Typical individual awards for CDBG-funded activities range from $10,000 for public service activities to $100,000 or more for public facilities, acquisition, or other eligible activities.
All CDBG awards made by the County to the cooperating cities will be i n the form of a grant . The cooperating cities must execute a Supplemental Agreement with the County each CDBG program year. Non-city s ubrecipients (non-profits, special districts, etc.) receiving CDBG funds from a cooperating city will be required to enter into a County -approved subrecipient agreement with the awarding city.
II. Eligibility Information:
Eligible Applicants:
The County of Riverside will only accept CDBG applications from the cooperating cities listed above.
The cooperating cities may award their CDBG funds to the following entities and organizations:
1. City Departments or Agencies;
2. Non-Profit organizations subject to 26 U.S.C. 501 (c)(3) of the tax code; and
3. Governmental agencies including the County, other Cities, Special Districts, and Tribes.
*Individuals cannot apply for County CDBG funding.
Non-profit organizations will be required to subm it documentation as part of their cooperating city CDBG application including incorporation, bylaws, board of directors, and tax-exempt status.
Cost Sharing and Leveraging:
The cooperating cities and their subrecipient applicants are encouraged to utilize the greatest amount of leveraging possible to improve the competitiveness of their proposal. This matching contribution, referred to as “leveraging”, can include other Federal, State, local, or private funding; donations; “in - kind” contributions; and volunteer hours. Leveraging used to match previous CDBG grants cannot be used. However, for the construction or rehabilitation of public facilities, the County may reject 673
proposals where CDBG funding comprises less than 35% of the total project cost due to costs associated with compliance with CDBG and other Federal regulations.
Real Property Acquisition – Displacement of Tenants:
In order to comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, applicants considering the submittal of a CDBG application for real property acquisition and/or the displacement of tenants must contact HWS prior to the submittal of any application.
Compliance with Laws and Regulations
The successful applicants will be required to comply with all applicable federal, state, and local laws, regulations, and ordinances. Pursuant to an executed subrecipient agreement, the applicant will certify that it will adhere to and comply with the laws and regulations found in Attachment 1 as they may be applicable to a subrecipient of funds granted pursuant to the Housing and Community Development Act of 1974, as amended.
In addition, all CDBG -funded projects using CDBG for facility construction, renovation, or improvements will be considered as “Public Works,” and therefore, subject to applicable State of California Department of Industrial Relations requirements.
III. Application and Submission Information
Application Cycle for the 2025-2026 Program Year
The County will begin accepting application from the cooperating cities for the 2025-2026 CDBG cycle starting August 27, 2024. A copy of the County-approved CDBG application is attached to this NOFA.
An electronic WORD-version of the CDBG application is available upon request.
ALL APPLCATIONS from the cooperating cities must be submitted using the County approved, paper application. The County is not using the Fillable Applications for the cooperating city CDBG program. All CDBG applications from the cooperating cities must be submitted to HWS no later than 5:00 PM PST on Friday, December 2, 2024. You must submit two (2) copies of each application, one original and one copy.
Questions, Technical Assistance, and Applications
For information or questions regarding the County’s CDBG program, the 2025-2026 CDBG application cycle, or for questions or assistance with the application, please contact Susana Orozco at [email protected] or 951-955-5933 or Nicholas Fonosch at [email protected] or 951.955.5936.
Individuals with hearing or speech disabilities may contact the CDBG program staff by utilizing the California Relay Service (711).
Application Instructions and Organization of Summitted Documents Cooperating cities and subrecipients must submit two (2) original hard copies of the application and documents (e.g., bylaws, authorizations, backup information, etc.) necessary to apply, along with a USB flash drive with the required backup for evaluation of application documents. County HWS will not accept submissions of application documents by email or over the Internet.
When compiling the flash drive please organize the folders, accordingly, please refer to the visual guide (below):
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The CDBG application to be used by a Cooperating City for each activity consists of nine (9) primary sections:
1. General Information
2. Organizational History and Documents (applicable only for non-profit organizations)
3. Project Activity
4. Project Narrative
5. Project Benefit
6. National Objective Compliance
7. Financial Information (Budget Leveraging/Commitment)
8. Management Capacity
9. Application Certification and Authorization
The cooperating cities and subrecipients are limited to the space available for each required response in the application. Cooperating cities and subrecipients may attach additional supporting documentation, including third party verifications, and other information if desired.
Please Note: The cooperating city applications must be accompanied by a minute order, resolution, or other official authorization to submit the application.
Additional Information:
The cooperating cities and/or their subrecipients may be required to submit additional documentation to the County, prior to the receipt of their CDBG grant award. This documentation may include evidence or documentation related to:
→ Liability Insurance
→ Workmen’s Compensation Insurance
→ Flood Insurance
→ Other documentation for NEPA and CEQA environmental reviews → 501 (c)(3) Status
→ Incorporation Documents
Pursuant to Federal regulations, all cooperating cities and their subrecipients submitting applications for CDBG funds must comply with the following requirements prior to subm itting their CDBG application to the County for the 2025-2026 program year:
1. Be registered in the System for Award Management (SAM) www.sam.gov system;
2. Provide a valid UEI number in the application; and
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3. Must maintain an active SAM registration, with current information, during the performance period of the CDBG grant.
The County and the Cooperating Cities will not make any CDBG grant awards to any organization or government entity that fails to comply with the SAM and UEI requirements.
System for Award Management (SAM):
The System for Award Management (SAM) is combining Federal procurement systems and the Catalog of Federal Domestic Assistance into one new system. This consolidation is being done in phases. The first phase of SAM includes the functionality of the following systems:
1. Central Contractor Registry (CCR)
2. Federal Agency Registry
3. Excluded Parties List (EPLS)
4. Online Representations and Certifications Application
How does SAM benefit organizations? The overarching benefits of SAM include streamlined and integrated processes, elimination of data redundancies, and reduced costs while providing improved capability.
Unique Entity Identifier (UEI):
The Federal government requires all applicants for Federal grants to have a UEI number. The Federal government uses the UEI number to better identify related organizations that are receiving funding under Federal grants and to provide consistent name and address data for electronic grant application systems.
If you do not already have a UEI number, visit www.SAM.gov (https://sam.gov/content/entity- registration)
Intergovernmental Review
Applications submitted under the County’s Urban County CDBG program are not subject to intergovernmental review pursuant to Executive Order 12372.
Application Submission Due Date and Time
ALL applications MUST be completely submitted no later than 5:00 PM (PST) on Friday, December 2, 2024.
All applications must be delivered to the County by either method listed below:
1. Postmarked no later than Friday, December 2, 2024, and addressed to:
Riverside County HWS
ATTN: CDBG Program
P.O. Box 1528
Riverside, CA 92502
2. Delivered to the County, no later than Friday, December 15, 2023, 5:00 PM (PST) at the following address:
Riverside County HWS
ATTN: CDBG Program
3403 10th. St. Suite 300
Riverside, CA 92501
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CDBG applications for the 2025-2026 program year that are received after the deadline date and time will not be accepted.
Cooperating Cities submitting their applications in person or through a third-party courier can request a receipt at the time of delivery.
Other Submission Requirements
Applicants can request CDBG funding from the County and the Cooperating Cities for any eligible CDBG activity listed under 24 CFR Part 570.201 -570.204 including real property acquisition, code enforcement, construction, and other activities.
APPLICATION REVIEW INFORMATION
The County of Riverside uses a Priority Evaluation and Project Rating System for all CDBG proposals.
As part of the review and evaluation process, EDA staff will review and evaluate all proposals utilizing the following checklist:
I. ACTIVITY EVALUATION:
Does the activity address an established need? (Identified in the 2024-2029 Consolidated Plan):
Is the proposed activity eligible (24 CFR 570.201) under the CDBG program? Does the proposed activity meet one of the three broad National Objectives? • Principally benefit low and moderate-income persons;
• Prevents or eliminates slum and blight; or
• Addresses an urgent need or problem in the community.
Has the applicant provided sufficient explanation concerning their ability to adequately and accurately document the benefit to low- and moderate-income persons? Can the project be implemented and completed within a reasonable amount of time (Public Service activities 1 year / all other activities 2 years maximum)? Has the applicant identified all the major tasks or components that will be required in carrying out the activity? Are there any potential issues or concerns? Has the applicant provided a reasonable estimate of the resources necessary for each component of the project, and has it developed a realistic budget that reflects these resources? Are other sources of funds (leveraging) committed to this project? Is the proposed budget for the CDBG-funded activity separate from other activities undertaken by the applicant?
II. APPLICANT (ORGANIZATIONAL) EVALUATION
Has the applicant ever undertaken the proposed activity before? What were the results? 677
Does the applicant have experience with CDBG or other Federal programs? Has the applicant conducted a Single Audit (formerly OMB Circular A-133) within the last two years? Do the applicant and prospective staff understand the additional requirements associated with Federal funding?
Does the applicant have qualified staff for all the necessary functions associated with the proposed activity? Is there adequate staff time available? Does the applicant possess adequate administrative structures, management systems, and policies & procedures? Does the applicant possess adequate financial stability? Will the applicant be overly dependent upon CDBG funding?
III. ELIGIBLE ACTIVITIES
The cooperating cities and their prospective subrecipients should refer to HUD regulations found at 24 CFR Sections 570.201-204 regarding eligible uses of CDBG funding.
IV. MINIMUM ACTIVITY FUNDING LEVEL
In an effort to ensure effective, efficient, and appropriate allocation and use of CBDG funds, the County may reject any proposed CDBG activity in an amount less than $ 10,000.
Exceptions to this policy include traditionally county -wide activities (city/county, multiple city, etc.) or a project or activity serving a very remote location. These exceptions must be pre - approved by HWS prior to the application submission.
V. APPLICATION RATING CRITERION
Each complete CDBG application is rated by CDBG program staff to determine if the proposal meets the minimum score rating. The County uses a 100-point rating system with six (6) rating criteria with a minimum rating score of at least 50 points. The rating criteria are:
• Quality of Project Activity (23 points)
• Quality of Project Narrative/ Proposal elements (27 points for public service/ 25 points for public facility proposals)
• Explanation of Project Benefit/National Objective (16 points) • Proposed Budget (18 points for public service/ 20 for public facility proposals • Management Capacity (14 points)
• Overall Project Eligibility and Past Performance Indicators (2 points) There are three (3) threshold sub-criteria that all applications must receive at least five (5) points each, or the proposal will not be funded:
Does the proposed program/project comply with the overall regulations, goals, and objectives of the CDBG program? The application describes how the identified need relates to the objectives of the CDBG program.
Does the proposed activity address a priority community development need as identified in the Five-Year Consolidated Plan?
Does the organization have the demonstrated capacity to successfully implement and complete the proposed activity in a timely manner?
VI. APPLICATION REVIEW AND SELECTION PROCESS
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The Cooperating Cities establish their own application process and make their own CDBG funding decisions – all cooperating city applications are subject to HWS review and Board of Supervisor approval.
VII. ANTICIPATED ANNOUNCEMENT, AWARD DATE, AND NOTICE
The Board of Supervisors for the County of Riverside will make all final CDBG funding decisions for the County’s 2025-2026 CDBG allocation. This is anticipated to occur in June or July of 2024 during a regular meeting of the Board of Supervisors when the Board approves the 2025-2026 One Year Action Plan and 2024-2029 Five Year Consolidated Plan.
After the approval date, the cooperating cities will be notified by mail of the Boards funding decisions.
The One Year Action Plan is then submitted to the U.S. Department of Housing and Urban Development (HUD) for review and approval.
The letter will clearly indicate the amount of their award, and that this is not a notification to proceed or to incur costs. The letter will inform the cooperating city that a supplemental agreement will be prepared and forwarded in the near future with further instructions.
VIII. POST AWARD REPORTING REQUIREMENTS
To ensure compliance with the CDBG program National Objective requirements, all cooperating cities and their subrecipients will be required to c omply with the applicable CDBG reporting requirements .
The type, amount, frequency, format (paper or electronic), and detail of the reporting requirements depends upon the specific use of the CDBG funds and corresponding National Objective. All specific reporting requirements will be stated in the supplemental agreement.
POINTS OF CONTACT
For information about the CDBG program or the 2025-2026 application cycle, please contact the following:
Nicholas Fonosch, Office Assistant Susana Orozco, Principal Program Manager 3403 10th St. Suite 300 3403 10th St. Suite 300
Riverside, CA 92501 Riverside, CA 92501
(951) 955-5936 (951) 955-5933
[email protected] [email protected]
Juan Garcia, CDBG/HOME/ESG. Deputy Director
Riverside County Department of Housing and Workforce Solutions
ATTACHMENT I
Additional Federal Requirements
Whereas, the work under this Agreement is subject to applicable Federal, State, and local laws and regulations, including but not limited to the regulations pertaining to the Community Development Block Grant (24 CFR Part 570) and the Uniform Administrativ e Requirements, Cost Principles and Audit Requirements for Federal Awards (2 CFR 200). All contractors, sub -contractors, consultants, and sub-consultants agree to comply with, and are subject to, the following Federal requirements (if applicable):
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1. Equal Employment Opportunity - Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). The Contractor/Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contractor/Consultant will ensure that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Contractor/Consultant will take affirmative action to ensure that applicants are employed and the employees are treated during employment, without regard to their race col or, religion, sex, or national origin. Such actions shall include, but are not limited to, the following:
employment, up-grading, demotion, or transfer; recruitment or recruitment advertising; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor/Consultant agrees to post in a conspicuous place, available to employees and applicants for employment, notices to be provided by the County setting forth the provisions of this non - discriminating clause.
2. Copeland “Anti -Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c: All contracts and subgrants in excess of $2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland “Anti -Kickback” Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to HUD.
3. Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7: When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a -7) and as supplemented by Departm ent of Labor regulations (29 CFR part 5, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction”). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to HUD.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333: Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 a nd 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327–333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working condit ions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 680
5. Rights to Inventions Made Under a Contract or Agreement— Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by HUD.
6. Rights to Data and Copyrights – Contractors and consultants agree to comply with all applicable provisions pertaining to the use of data and copyrights pursuant to 48 CFR Part 27.4, Federal Acquisition Regulations (FAR).
7. Clean Air Act (42 U.S.C. 7401 et seq .) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended—Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to HUD and the Regional Office of the Environmental Protection Agency (EPA).
8. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) — Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.
Such disclosures are forwarded from tier to-tier-up to the recipient.
9. Debarment and Suspension (E.O.s 12549 and 12689)—No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non-procurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension,” as set forth at 24 CFR Part 24. This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.
10. Drug-Free Workplace Requirements —The Drug-Free Workplace Act of 1988 (42 U.S.C. 701) requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drug -free workplaces. Each potential recipient must certify that it will comply with drug -free workplace requirements in accordance with the Act and with HUD's rules at 24 CFR Part 24, subpart F.
11. Access to Records and Records Retention : The Consultant or Contractor, and any sub - consultants or sub-contractors, shall allow all duly authorized Federal, State, and/or County officials or authorized representatives access to the work area, as well as all books, documents, materials, papers, and records of the Consultant or Contractor, and any sub-consultants or sub-contractors, that are directly pertinent to a specific program for the purpose of making audits, examinations, excerpts, and transcriptions. The Consultant or Contractor, and any sub-consultants or sub-contractors, further agree to maintain and keep such books, documents, materials, papers, and records, on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.
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12. Federal Employee Benefit Clause: No member of or delegate to the congress of the United States, and no Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit to arise from the same.
13. Energy Efficiency: Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
14. Procurement of Recovered Materials (2 CFR 200.322.) A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Sec tion 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner th at maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
15. The Housing and Community Development Act of 1974, as amended, and the regulations issued thereto;
16. Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107;
17. Section 504 of the Rehabilitation Act of 1973 (PL 93 -112), as amended, and implementing regulations;
18. The Age Discrimination Act of 1975 (PL 94-135), as amended, and implementing regulations;
19. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
20. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements;
21. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution;
22. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234);
23. Title VI of the Civil Rights Act of 1964 (PL 88-352) and implementing regulations issued at 24 CFR Part 1;
24. Title VIII of the Civil Rights Act of 1968 (PL 90-284) as amended;
25. The lead-based paint requirements of 24 CFR Part 35 issued pursuant to the Lead -based Paint Poisoning Prevention Act (42 USC 4801, et seq.).
25. The lead-based paint requirements of 24 CFR Part 35 issued pursuant to the Lead -based Paint Poisoning Prevention Act (42 USC 4801, et seq.);
26. The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), Public Law 111-22, Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 682
et seq.), and the Housing and Community Development Act of 1974, as amended, and the regulations issued thereto;
27. Executive Orders 11625, 12432 and 12138. Consistent with HUD's responsibilities under these Orders, the SUBRECIPIENT must make efforts to encourage the use of minority and women's business enterprises in connection with ESG activities;
28. SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed that use of the facilities and services is available to all on a nondiscriminatory basis;
29. SUBRECIPIENT agrees to abide by and include in any subcontracts to perform work under this Agreement, the following clause:
"During the performance of this Agreement SUBRECIPIENT and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical conditi on, marital status, age (over 40) or sex.
SUBRECIPIENT and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. SUBRECIPIENT and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Ti tle 2 of the California Administrative Code are incorporated into this Agreement by reference and made a part hereof as if set forth in full. SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor org anizations with which they have a collective bargaining or other agreement."; and
30. During the term of this Agreement, SUBRECIPIENT and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age, or physical or mental disability.
15. Build America, Buy America (BABA) Act: The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver.
16. Violence Against Women Act (VAWA): VAWA provides housing protections for survivors of domestic and dating violence, sexual assault and stalking (‘domestic violence”). VAWA 2022 reauthorizes, amends, and strengthens the VAWA of 1994, as amended (Pub. L. 103-322, tit.
IV, sec. 40001-40703; 34 U.S.C. 12291 et seq.) HUD’s implementing regulations for VAWA’S protections, rights, and responsibilities are codified in 24 CFR part 5, subpart L, and related provisions in HUD’s program regulations (HUD’s VAWA regulations). VAWA 2022 amendments took effect on October 1, 2022 and 2022 VAWA’s reauthorization includes new implementation requirements. Grantees, subrecipients and developers shall ensure compliance with all requirements of VAWA including but not limited to: (a) Assure domestic violence survivors are not denied assistance as an applicant, or evicted, or have assistance terminated as a tenant because applicant or tenant is or has been a victim of domestic violence; (b) Implement an emergency transfer plan allowing domestic violence survivor to move to another safe and available unit; (c) Provide protections against denial, terminations, and evictions that directly result from being a victim of domestic violence; (d) Implement a low barrier certification process and allow self-certification of domestic violence.
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17. The Housing and Community Development Act of 1974, as amended, and the regulations issued thereto;
19. Executive Order 11063, as amended by Executive Order 12259, and implementing regulations at 24 CFR Part 107;
20. Section 504 of the Rehabilitation Act of 1973 (PL 93 -112), as amended, and implementing regulations;
21. The Age Discrimination Act of 1975 (PL 94-135), as amended, and implementing regulations;
22. The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and the implementing regulations at 24 CFR Part 42;
23. The labor standard requirements as set forth in 24 CFR Part 570, Subpart K and HUD regulations issued to implement such requirements;
24. Executive Order 11988 relating to the evaluation of flood hazards and Executive Order 11288 relating to the prevention, control and abatement of water pollution;
25. The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (PL 93-234);
26. Title VI of the Civil Rights Act of 1964 (PL 88-352) and implementing regulations issued at 24 CFR Part 1;
27. Title VIII of the Civil Rights Act of 1968 (PL 90-284) as amended;
28. The lead-based paint requirements of 24 CFR Part 35 issued pursuant to the Lead -based Paint Poisoning Prevention Act (42 USC 4801, et seq.).
30. The lead-based paint requirements of 24 CFR Part 35 issued pursuant to the Lead -based Paint Poisoning Prevention Act (42 USC 4801, et seq.);
31. The Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 (HEARTH Act), Public Law 111-22, Title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11371 et seq.), and the Housing and Community Development Act of 1974, as amended, and the regulations issued thereto;
32. Executive Orders 11625, 12432 and 12138. Consistent with HUD's responsibilities under these Orders, the SUBRECIPIENT must make efforts to encourage the use of minority and women's business enterprises in connection with ESG activities;
33. SUBRECIPIENT shall establish and maintain a procedure through which homeless individuals will be informed that use of the facilities and services is available to all on a nondiscriminatory basis;
34. SUBRECIPIENT agrees to abide by and include in any subcontracts to perform work under this Agreement, the following clause:
"During the performance of this Agreement SUBRECIPIENT and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical conditi on, marital status, age (over 40) or sex.
SUBRECIPIENT and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. SUBRECIPIENT and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 684
12900 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code are incorporated into this Agreemen t by reference and made a part hereof as if set forth in full. SUBRECIPIENT and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement."; and
35. During the term of this Agreement, SUBRECIPIENT and its subcontractors, if any, shall not deny the benefits rendered hereunder to any person on the basis of religion, color, ethnic group identification, sex, age, or physical or mental disability.
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